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12/05/1994 - 00004827� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 5, 1994 The Regular Meeting of the Fridley City CounciT was called to order at 8:34 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 Councilwoman Bolkcom None CERTIFICATE OF APPRECIATION: CLIFFORD HAUSMAN: Mr. Sallman, Public Safety Director, gntroduced Mra Hausman, Manager pf Cheapo Records in Fridley. He stated that Mr. Hausman°s actions led to the arrest of arson and burglary suspects believed � to be responsible for 31 arsons, four oi which occurred in Fridley. He stated that eighteen of these involved businesses and, most recently, the suspects were involved in residential burglary and arson in the suburbs. � Mr. Sallman stated that Mr. Hausman became involve� when the suspects tried to sell stolen merchandise to Cheapo Records. He stated that Mr. Hausman noticed that the stolen equipment had been identified in a letter the Police Task Force sent to their storee He stated tha� Mr. Hausman then contacted the Police Department. A search warrant was obtained, and a considerable amount of property recovered. He stated that Mr. Hausman is to �e thanked for ending this fear of arson and burglary in the metropolitan area. Mayor Nee stated that Mre Hausmanos prompt response to suspicious activity resulted in the apprehension of the burglary/arson suspects, and he became involved to end the arime wave in �he metropolitan area. �ayor Nee and members of the Council extende� their thanks to Mr. Hausman for befng such an outstanding citizen. Mr. Hausman stated that he was just doing his job, and anyone else would have acted in the same manner. He stated that being able to help in this kind of situation makes his 7ob worthwhile. He stated that Cheapo Records is always involved in trying to catch persons involved in theft. He thanked the Council for the certificate of appreciation. � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 1994 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 21, 1994: MOTION by Councilman Schneider to approve the minutes as presented, Seconded by Councilwoman Bolkcom, 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 Seconded by Councilman Billings. Upon a voice vote, aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: submitted. aIl voting 1. PUBLIC HEARING ON REZONING REQUEST. ZOA #94-04. BX DAVE MCINTYRE OF CERES ENVIRONMENTAL, INC., TO REZONE FROM M-2. HEAVY INDUSTRIAL, TO M-3. HEAVY INDUSTRIAL OUTDOOR INTENSIVE TO ALLOW CONSTRUCTION OF CORPORATE OFFYCES AND OUTDOOR STORAGE OF MATERIALS AND EQUIPMENT AS A PRINCIPAL iTSE, GENERALLY LOCATED EAST OF 5101 INDUSTRIAL SOULEVARD, NORTH OF FMC, AND ADJACENT TO THE BURLINGTON NORTHERN MATNLINE (WARD 3)0 � MOTION by Councilwoman Bolkcom to waive tkie reading of the public hearing notice and open the public hearing, Seconded by Councilman Schneidere Upon a voice vote, all voting aye, Mayor ]Nee declarec7 the motion carried unanimously and the public hearing openecT at 8:40 p.m. � Mr. Hickok, Planning Coordinator, stated that this rezoning request is for Lots 1 and 2, Slock 3, Great Northern Industrial Center East, generally located on Ash�on Avenue east of Pearlman Rocque Company. He stated that the rezoning would permit the petitioner to have an outdoor storage area for large equipmen� and ma�erials and to construct a corporate office and maintenance building. Mr. Hickok stated that Ceres Environmental is an environmentai consultant for clients in the metropolitan area and the a�ationo He stated that their services include fuel tank removal anci replacement, construction demolition and recycling, tzmber recycling, snow removal, and general tree servicee He stated that this site would function as their office, provide for the outdoor storage of heavy equipment, and occasional storage of sand and salt related to snow removal. He stated that Ceres has other locations in the metropolitan area to handle their specific 7eeds, and a Maple Grove site serves as their saood and timber recycling location. Mr. Hickok stated that in 1992, Council determined that there was a need for modification to the zoning districts to allow M-3 zoning. He stated that prior to 1992, M-2 zoning was the most � � i� FRYDLEY CITY COUNCIL MEETING OF DECEMBER 5, 1994 PAGE 3 intensive industrial district in the City, He stated that staff feels because this site is surrounded by M-2, it becomes an island if the property is rezoned, and, therefore, recommends denial of the rezoning request. Mr, Hickok stated that the Planning Commission has recommended approval of the rezoning with seven stipulations, elimanating the stipulation recommended by staff pertaining to a concrete or asphalt surface for drives or parkinq/storage areas. He stated that Bel Air Excavation in New Brighton has a similar site, and they grade it after the heavy equipment is removed. He stated that in the hot summer the equipment tends to bore into an asphalt surface and, if it is stored on concrete, it chips �his surface. He stated that Ceres Environmental felt �hey could keep a gravel surface clean by grading it. Councilwoman Bolkcom asked if the City has had any response from other businesses in the area. Mro Hickok stated that notices were sent, and the owners of Minikahda Mini Storage inquired as to what was proposed for this site, but have not stated their position on this rezoning request, Councilman Billings asked how the equipment gets in and out of the site and if it would damage the City streets. Mr. Hickok stated that all equipment would be on trailers, and the petitioner feels the design of the roadways would accommodate their needs. Councilwoman �orgenson asked if the businesses and residents to the east of Main Street were notified of this rezoning. Mr. Hickok stated that the residential homes across Main Street were not included in the notification. Mr. Steve Johnson, Business Manager for Ceres Environmental, stated that he and Mr. McIntyre were here to answer any questions from Council. Mr. Johnson stated that the primary function of this facility would be for offices and equipment maintenance. He stated that the secondary use would be for equipment storage. He stated that 80 to �5 percent of their equipment is used on the job site, and their whole fleet of equipment would not be on this site at any one time. He stated that the need for the gravel surface would be �or storage of truck equipment, such as excavators and bulldozers, which are not compatible with an asphalt or concrete surface. Mr. Johnson stated that there would be intense ac�ivlty in and out of this site with snow removal activitiese He state� that these hours would be £rom about 11:00 p.m. when the trucks are dispatched 1 � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5. 1994 PAGE 4 and again at 6:00 a.m. to 7:00 a.m. when the trucks return. He stated that their company provides snow removal for companies such as Honeywell, Hennepin County Medical Center, and the Metrodome. Councilwoman Sorgenson asked how the company handles contaminated soil. Mr. Johnson stated that none of the contamina�ed soil would be back at this location. He stated they have a wash bay that �raps petro- leum products. Councilwoman Jorgenson asked how much of their business invoTves hazardous petroleum products. Mr. Johnson stated that this activity accounts for abou� ten percent of their gross revenue. He stated that their activities are about evenly divided in environmental contract work, demolition of facilities, and wood waste recycling, He stated that this work takes place in many states. Councilwoman Jorgenson asked the hours when the equipment repair would be donee She stated that one of her primary concerns is the amount of noise this facility would generate and carry into the single family neighborhoods. Mr. Johnson stated that they have a fleet valued at about two million dollars and a staff of four full-time mechanics, He stated that their wood waste recycling activities would be the primary noise generator, and that is done at another site. He stated that the noise at this facility would be very minimal and would generate less noise than a typical residential tree service working in a neighborhood. Councilman Billings felt that this rezoning was not contrary to the goals and objectives that Council had in mind when the M-3 zoning district was established. He stated that he is, however, concerned with the lack of a hard surface. He felt that if a hard surface was not provided, perhaps a liner could be placed beneath the gravel. He asked Mr. Johnson if this was a possibility. Mr. Johnson stated that their facility would have a substantial portion of paved parking, and the gravel area would be used for unloading equipment and moving it into the shop area. �e stated that they have not really addressed the cost for a liner but felt it would be a substantial expense for a very low risk. He stated that their company is very concerned about the environment and has staff that addresses these issues. Councilman Billings felt that this may �e an issue which Ceres would want to research. Councilwoman Jorgenson stated that this facility would be upstream of the Mississippi River so contamination is a concern, � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5. 1994 PAGE 5 Mr. Johnson stated that iP there is a spill on a hard surface it would flow much faster and have a greater impact, if it is trans- ferred with the storm water. He stated that they would have a fleet of only thirty vehicles at any given time at this location, so the exposure from employees° cars parked on a hard surface would be greater than the equipment parked on a gravel surface. He stated that he is personally comfortable with the environmental soundness of their proposal for this site. He stated that �he risk is very minimal, and no more than a vehicle being parked on a residential street, Mayor Nee asked if their use of this properLy would be similar to the City's garage sitee Mr. Johnson stated that he is familiar with the Cityos garage site, Their use would be similar but on a smaller scaleo Mr. Johnson stated that what makes this property unique to their needs is the nearness to downtown Minneapolis. He stated that the estimated cost for the building is between $400,000 to $500,000. The company is at a growth stage and wants �o attract and maintain high quality professional employees. He stated that the amount of acreage on this site is more than adequate for their needs. � Mr. Ryden, the realtor representing Trillium Corporation, presented a photograph showing the distance of the site from the residential area and the truck route to the freeway. He stated that this site does not lend itself well to a higher use, as the property is long and narrow. He stated that there have not been a lot of interested parties in purchasing the property and felt this was a nice oppor- tunity for tax revenue. He stated that they are aggressively marketing the site at a very competitive price. Ae stated that the site is hidden from residential and commercial uses, so he did not feel it would cause a problem with businesses or residences. No other persons in the audience spoke regarding this rezoning request. 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 9:25 p.m. 1. PUBLIC HEARING ON REZONING REOUEST, ZOA #94-05, BY BRUCE MOSEMAN OF SUPREME TOOL, INC., TO REZONE FROM C-2, GENERAL BUSINESS, TO M-1, LIGHT INDUSTRIAL, TO ALLOW CONSTRUCTION OF A MANUFACTURING FACILITY. GENERALLY LOCATED NORTH OF 7597 HIGHWAY 65 (WARD 21: � MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councii- woman Jorgenson. Upon a voice vote, alI voting aye, Mayor Nee � FRIDLEY CITY COUNCIL MEETING OF DECEMBER Sa 199� PAGE 6 declared the motion carried unanimously and the public hearing opened at 9:26 p.m. Mr. Hickok, Planning Coordinator, stated that �his is a request io rezoning property at 7597 Highway 65 from C-2 to M-1. He stated that the M-1 zoning is compatible with the adjacent zoning and uses, and the plan meets or exceeds requirements of the M-1 zoning district. He stated that the rezoning would allow for construction of a manufacturing facility. Mr. Hickok stated that the Planning Commission recommended approval of the rezoning with two stipulations regarding a landscaping plan and drainage and grading. He stated that staff concurs with the recommendation of the Planning Commission for approval of this rezoning request. No persons spoke regarding this rezoning requesto 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 9:29 p.m. NEW BUSINESS° � 3. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 603, ENTITLED "INTOXICATING LIQUOR" BY AMENDING SECTION 603.10: Mr. Sallman, Public Safety Director, stated that staff is recom- mending an amendment to Chapter 603. He stated that the intent of the amendment is to prevent licensed liquor establishments from conducting juvenile events. He stated that the language proposed in Section 20 would prohibit events exclusively for children. He said that state law prohibits cities from restricting such events for persons eighteen to twenty years of age. He stated that the language in Section 21 would allow persons under age eighteen to enter a licensed liquor establishment for the purpose of eating meals or working, and it also provides some exceptions at bowling centers. He stated that the City has the authority to restrict anyone under age eighteen from entering a licensed liquor esta� blishment for any reason. Mr. Sallman stated that the purpose of the proposed amendments is to limit problems such as fights, shootings, vandalism, drugs, and gang problems that have been associated with any establishment in the area which has allowed these types of events. � MoTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETYNG OF DECEMBER 5. 1994 PAGE 7 � 4. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, 5AV #94-03, BY MEARLIN NORDSTROM) (WARD 11: MOTION by Councilman Billings �o waive the reading and approve the ordinance on first reading with the �ollowing stipulations: (1) a 12 foot drainage and utility easement shall be dedicated along the inside of the west and north property lines; and (2) the garage expansion shaT3 comply with the code requirements or a variance obtained, Seconded my Councilwoman Jorgenson, Upon a voice vote, all voting aye, Mayor Nee declared the motion carrsed unanimously. 5. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA, BY MAKING A CHANGE YN ZONING DISTRICTS � REZONING RE9UEST ZOA #94-03, BY DAVID STEWART AND ROBERT GILSTAD) (WARD 2): Mr. Hickok, Planning Coordinator, stated t�at this is a request to rezone property from C-1 to R-1 located west of 5720 Polk Street and south of 930 Hackmann Avenue. He stated that this rezoning is also associated with other requests for a lot split, special use permit, and variances. He stated that the purpose of the rezoning is to allow for expansion of the parking lot at the Moore Lake � apartment complex on a portion of a City-owned parcel at 5720 Polk Street. He stated that the petitioner has negotaated with the owner of the property along the south property line to obtain an easement for snow storage. He stated that this rezoning would be compatible with ad�acent uses and zoning, and it meets the district requirements. Mr. Hickok stated that no stipulations are recommendeci in conjunc- tion with this rezoning request. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declarecl the motiora carried unanimously. 6. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS {REZONING REOUEST, ZOA #94-05, BY BRUCE MOSEMAN OF SUPREME TOOL. INC.,) (WARD 2): MoTION by Councilman Schneider to waive the reading and approve the ordinance on first reading with the following stipulations: (1) the petitioner shall submit a landscape plan complying with the district requirements prior to issuance of a building permit; and 1 (2) the petitioner shall comply with the comments in Scott Erickson's memorandum dated October 17, 1994 prior ta issuance of a building permit. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 1994 PAGE 8 7. RECEIVE AN YTEM FROM THE PLANNING COMMISSION MEETING OF OCTOBER 19. 1994: A. RESOLUTION N0. 98-1994 APPROVING A SUBDIVISION. LOT SPLIT, L.S. #94-06, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS„ GENERALLY LOCATED AT 5720 POLK STREET N.Eo (BY DAVID STEWART) (Ward 21° Mr, Hickok, Planning Coordinator, sta�ed that this lot split would split off a 35 foot by 140 foo� parcel adjacent to the Moore Lake apartment complex to be utilized for parking expansion. He stated that this would create an additional �ifteen parking stalls and still leave a single family residential site. Mr. Hickok s�ated that the Planning Commission recommended approval of the lot split with three stipulations. He stated that this Iot split is part of the process, along with trie rezoning, special use permit, and variance requests, to provide additional parking at the Moore Lake apartment complex, Councilwoman Jorgenson stated that there is a difference in eleva- tion between the Branco property owned by the City and the apart- ment complex property, and she understood there would be some excavation so both properties are at the same elevation. Mr. Stewart, the petitioner, stated that there would be excava�ion so that both properties are at the same 1eve1. He stated that a fence would also be erected to screen the Gilstad property, CounciTwoman Jorgenson stated that the drop in elevation on �he Gilstad property is significantly greater than on the �ranco property. She asked if the fill excavated �rom the Branco property would be used to fill the Gilstad property. Mr. Stewart stated that the intent is to take the fill that was excavated and move it to the Gilstad easement, slope it, and reconstruct the fence. He stated that the fence should be at or about the same height as the existing fencee Councilwoman Jorgenson asked what would keep the filled marerial from eroding on to the Gilstad property. Mr. Hickok stated that the City would require seeding as a minimal ground cover to control erosion. Councilman Schneider stated that when the special use permit is considered it may make sense to add a stipulation regarding erosion. Councilwoman Jorgenson stated that her concern is that erosion may cause damage to the £ence. MOTION by Councilman Schneider to adopt Resolution No. 98-1994, with the following three stipulations attached as Exhibit A: (1} � FRIDLEY CITY COUNCIL MEET3NG OF DECEMBER 5. 1994 PAGE 9 the 35 foot by 140 foot parcel adjacent to t�e Moore Lake Apartment complex shall be utilized for the parking expansion indicated on the site plan and shall be Tandscaped/screened according to Section 205.07.O1.C.(7); (2) the new 35 foot by 140 foot parcel shall be consolidated with the Moore Lake Apartment site as one tax parcelo and (3) Special Use Permit, SP #94-16 and Variance Request, VAR #94-26 shall be approved. Seconded by Councilwoman Bolkcom. Councilman Billings stated that a varaance is needed in conjunction with this lot split, and he has a problem with the City crea�ing a lot that would require variances. He questioned if the addi- tional fifteen parking spaces would solve the parking problem at this apartment complex or only a portion of the problem, Councilman Schneider stated that it would only solve a portion of the problem, but this is moving in the right direction. Councilman Billings stated that the City owns the Branco property and is splitting off a portion of this lot for the parking expansion. He questioned why the entire lot could not be sold to create additional parking. Councilwoman Jorgenson stated that because of the street widening project several years ago, the lot line was moved to the west on 1 this particular propertye She stated that the variance being requested is due in part to the street project. She stated tha� during the time of this project there was discussion among residents on Polk Street and Lynde Drive if the Branco property should be acquired and demolished. She stated that the residents wanted to make sure it remained as a resi@ential home rather than �urned into a parking lot. She felt that it is a question oP trying to maintain the residential character of the neighborhood. Councilman Schneider stated that he shares Councilman Billings° concerns, but short of changing the street patterns or removing the Union 76 gas station, this solution to solve some of the parking problems is certainly a compromise proposal with a minimal impact to the neighborhood. Mr. Hickok stated that there is some vegetation and mature trees on the Branco property that enhance the residential character of the neighborhoode This was taken into consideration in the analysis of a solution to the parking problem. Councilman Billings asked the front footaqe of the remaining portion of this lot. � Mr. Hickok stated that it would be 77 feet, and the code requires 75 feet. Councilman Billings stated that the fence between this lot and the property to the north encroaches on the property by a half foot� � � . � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5. 3994 EAGE 10 He questioned if there would be a request to split off the other half foot. Councilwoman Jorgenson stated that her home is to the north of this property, and the fence was constructed where she and the Branco°s believed was the proper setback to the lot line. She sta�ed that Mrs. Branco has submitted a letter stating the fenced was placed, to the best knowledge of both parties, where they believed was the proper setback. She stated that they would not be applying for a variance. Councilman Billings stated that at some point in �he future, �he City may be selling this property. He questioned if it would be sold subject to the fence being there if a portion is split off in order to give clear title. He also questioned if there is suffi- cient property available for this to be a buildable lot. Mr. Herrick, City Attorney, stated that there are a number of ways to handle this issue. The easiest would be a disclosure to the buyer on the encroachment and an agreement between the potential buyer and the property owner to the north. Mayor Nee stated that the fence belongs to the property on which it is located which is presently owned by the Citye Mr. Hickok stated that if this lot split is approved the buildable lot would contain 10,795 square feet, and the code requires a minimum lot size of 9,000 square feet. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Bolkcom, 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 four to one vote. B. SPECIAL USE PERMIT REOUEST, SP #94-16, BY DAVID STEWART, TO ALLOW AUTOMOBILE PARKING FOR ADJACENT IISES. GENERALLY LOCATED AT 5720 POLK STREET N.E. (WARD 2): MOTION by Councilman Schneider to grant Special Use Permit Request, SP #94-16, with the following stipulationsa (1) Variance Request� VAR #94-26 and Lot Split Request, L.S. #94-06, shall be approved; (2) a new six foot screening fence shall be constructed on the northern edge of the easement across the Gilstad property; (3) the petitioner shall install landscaping along the street as indicated on the plan developed by staff including �he �ollowing elements: (a) 2, Nanking Cherry; (b) 6, Maney Juniper� {c) 8, Isanti Dogwoodo (d) 14, "Miss" Kim Lilac; (e) weed barrier; (f) three inch rock mulch; ancl (g) vinyl edging; (4) the parking lot perimeter, except for the area next to the retaining wall, shall be lined with six inch concrete curbing in accordance with the Fridley Engineering Department's specifications; (5) the petitioner shall instalY a six � � � ERIDLEY CITY COUNCIL MEETYNG OF AECEMBER 5, 1994 PAGE iY foot high board on board screening �ence constructed of treated wood paralle3 to and two feet from the north property linee The fence height shall be reduced to four feet at a poin� 35 feet from the Polk Street lot line, Engleman ivy sha11 be planted two �eet on center on the north side of the fence; and (6) an erosion plan for the property shall be implemented as per the City Engineer's specifications. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion oarried unanimously. 8. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF OCTOBER 11, 1994: A. VARIANCE REOUEST, VAR #94-26, BY DAVID STEWART, TO REDUCE THE SETBACK OF A PARKING LOT FROM THE PUBLSC RIGHT-OF-WAY FROM 35 FEET TO 20 FEET. AND TO REDUCE THE SETSACK OF A PARKING LOT FROM THE WEST AND NORTH LOT LINES FROM 10 FEET TO 0 FEET AND 5 FEET. GENERALLY LOCATED AT 5720 POLK STREET N.E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that this variance request is to reduce the parking setback from the public right-of-way x"rom 35 feet to 20 feet and to reduce the setback for a parking lot from the property lines from 10 feet to 0 feet and 5 feet. He stated that the variance is requested in conjunction with the expansion of the parking lot at the Moore Lake apartment complexo Mr. Hickok stated that the Appeals Commission has recommended approval of these variances with three stipulations and staff concurs. MoTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #94-26, with the following stipulations: (1) the petitioner shall install landscaping along the street as indicated on the plan developed by staff including the following elements: (a) 2, Nanking Cherry; (b) 6, Maney Juniper; (c) 8, Isanti Dogwood; (d) 14, "Miss" Kim Lilac; (e) weed barrier; (f) three inch rock mulch; and (g) vinyl edgingy (2) the parking lot perimeter, except for the area next to the retaining wall, shall be lined with six inch concrete curbing in accordance with Fridley Engineering specifications; and (3) the petitioner shall install a six foot high board-on-board screening fence constructed of treated wood parallel to and two feet from the north property line. The fence height shall be reduced to four feet at a point 35 feet from the Polk Street lot line. Engleman Ivy shall be planted two feet on center on the north side of the £ence. Seconded by Councilwoman Bolkcom. Upon a voice vote, Counoilman Schneider, Councilwoman Bolkcom, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted against �he motion. Mayor Nee declared the motion carried by a four to one vote. Councilman Schneider asked Mr. Stewart when he believed the expansion would be completed. � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 1994 PAGE 12 Mr. Stewart stated that they probably would not start until spring, as he did not know when they can acquire the propertye Councilwoman Jorgenson stated that the management of the Moore Lake apartments has been wonderful with the enforcement of the parking. She stated that one concern of residents is that they would like the on-street parking removed. Mr. Stewart stated that he would like to request that Council extend their parking privileges through the winter months untii they can construct the parking lot. He stated that it is the process which they must go �hrough which has caused some delays. Mr. Burns, City Manager, stated that Council may want a report from the Public Works and Police Departments to determine if there have been any problems with the on-street parking, 9. ESTABLISH A PUBLIC HEARING FOR JANUARY 9, 1995, TO CONSIDER THE FIRST READING OF AN ORDINANCE UNDER SECTION 12,06 OF THE FRIDLEY CITY CHARTER DECLARING CERTAYN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF: MOTION by Councilman Schneider to set the public hearing on this item £or January 9, 1995. Seconded by Councilwoman Bolkcom. upon , a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings pointed out that it would probably be the middle of March before this process is completed, so no action could be taken by the owner of the Moore Lake apartments until �his is completed. 10. AWARD 1995 CORRIDOR MAINTENANCE CONTRACT PROJECT NO. 275: Mr. Burns, City Manager, stated that the City has been pleased with the contractor for the corridor maintenance project, and staff recommends the extension of this contract for 1995. He stated that the contractor has agreed to the same amount as the 1994 bid with the addition of a 6.5 percent sales tax. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into a contract with Innovative Yrrigation for the 1995 Corridor Maintenance Contract, Project No. 275, in the amount of $13,444 plus 6.5 percent sales tax. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye 11. RESOLUTION N0. 99-1994 AUTHORIZZNG SUBMISSION OF THE GRANT � APPLICATION AND EXECUTION OF THE GRANT AGREEMENT - VIOLENT CRIME CONTROL AND ENFORCEMENT ACT OF 1994: Mr. Sallman, Public Safety Director, stated that as part oi tne 1994 Violen� Crime Control and Enforcement Act, fundinq has been L J � ' FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 1994 PAGE 13 provided for additional police officers, He stated that this resolution authorizes the City to apply for the funds, and he and the City Manager to act on behalf of the City in applying for this grante He stated that the cost to the City, i£ the grant funds are received, is $159,531 over a three year period, assuming �he requested grant of $225,000 is approved. MOTION by Councilman SchneicZer to adopt Resolution No. 99-1994. Seconded by Councilwoman Jorgensona Councilman Schneider stated that there were several speakers from the U.S. Justice Department at the Leaque of Cities Conference who stated that every city that applies would receive some funding, UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, alT voted aye, and Mayor Nee declared the motion carried unanimously, 12. INFOF2MAL STATUS REPORTS: Mre Burns, City Manager, stated that Council met earlier this evening with the Housing and Redevelopment Authority to discuss development of the southwest quadrant and will reconvene their meeting with the Housing and Redevelopment Authority after this meeting to discuss the potential scope of this project. 13. CLAIMS; MOTION by Councilman Schneider to authorize payment of Claim Nose 59032 through 59200. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. LICENSES: MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Officeo Seconded by Council- man Schneider, Upon a voice votea all voting aye, Mayor Nee declared the motion carried unanimously. 15. ESTIMATE5: MOTION by Councilwoman Bolkcom to approve the estimates as submitted: NewMech Companies, Inc. 1633 Eustis Street St. Paul, MN 55108 Locke Park Filter Plant Refurbishment Project No. 240 FIZIAL ESTIMATE . . . . . . . . . . . . . . . $ 21, 123 . l7