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10/20/1986 - 00011389..�fl'��^�� ' Tf� MIN[TPES OF THE RF]GULAR MEEPING OF Tf� FRIDLEY CITY COUNCIL OF OCTOBER 20. 1986 Zhe Regular Meeting of the Fridle� City Cotmcil was called to order at 7:32 p, m, lx [�lgyor Nee, PLEDGE OF ALLECIANCE• N�yor Nee led the CoLmcil and audience in the Pledge of Allegiance to the Fl ag. ROLL CALL: MEI�SII2S PRFSIIVT: Mayor Nee, Councilman Barnette, 6�imcilman Schneider, Councilman Fitz�trick and Co�cilman Goodspeed MEMBIItS ABSINT: None APPROVAL OF MINVPES: ��.J�: . i � • • : . MOTION by Councilman Schneider to approve the minutes as presented. � Semnded tx Coimcilman Barnette. [TFon a voice vote, all voting aye, Mayor Nee c�clared the motion carried unanimously. ADOPTION OF AGEDIDA• The follaaing items were added to the agenda: (16) Consideration of Entering into Contracts with Subterranean Engineering and Ernst and Associates on Behalf of the HRA; and (17) Discussion and Determination of EYiture Action Relative to Darrel Farr's Vacation Request. MOTION by Councilman Fitzpatrick to adopt the agenda with the above additions. Seo�nded lX Cntmcilman Schneider. Upon a voice vote, all voting aye, l�yor Nee declared the motion carried unarumously. OPEN FORUM. VISI7UR5: 7here was no response frwn the audience tmder this item of business. PUBLIC HEARII�S• 1. �NSIDERATION OF A VACATION RDOUEST, SAV #86-05, TO VACATE PAR7' OF A STREET AND [7I'TLT`�' EAS�MENP LYII� IN f1YP 32 REVISED AUDT�pR' S SUBDIVISION NO 77 (71-L2 WAY CULrDE-SAC) . BY MARTIN NISLEY: [�DTION L� Coimcilman FitzFatrick to waive the reading of the public hearing � notice and open the public hearing. Seoonded b� Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public he3ring opened at 7:37 p.m. -1- i1i1�r`"� • u� �.y • • y,� : �. � � . , Mr. Robertson, Commimity Develognent Director, stated this is a request to vacate �rt of a street and utility easement. He stated it has been verified there will rot be any utility azsenents in the vacated portion as Northwestern Bell's easement will be located in the new portion and is not affected. 7here was no response frcm the audience regarding this proposed vacation r equest. NDTION b� Councilman Fitzpatnck to close the public hearing. Seconded by Cowicilman Goodspeed. ITFon a voice vote, all voting aye, N�iyor Nee declared the motion carried unanimously and the public hearing closed at 7:39 p.m. OLD BUSINESS: �� �n • • ul� ��• i Mr. Robertson, Community Development Director, stated there was a landscaping plan for this busiress when the original special use permit was iss�d. He stated due to frequent problems and non-compliance, a new landscaping plan has been c�vised. He stated staff inet with the aaner, Mr. Pawleski and his lecpl mimsel to devi� the new plan. Copies of the plan were serit to Mary Martin. Zhe only outstanding question is if the barbed wire should be renoved on the chairrlink fen�. He stated this h�rbed wire 1 is out of rs�cl� and is interpreted as being used for security purposes and is, therefore, permitted in the Code. He stated Mary [�3artin made a request that there should also be a six foot moveable fence. Mr. Robertson stated staff is not reoommending the fence and felt the landscaping plan includes elenents that are adequate and consistent with the directions of the Coimcil. Coimcilman EYtz�atrick stated in the stipulations of the original special use permit, there was a requiranent for screening. He stated he felt this is the reason why Ms. l�rtin suggested the fen�. Mr. Robertson stated staff feels the trees and fence vines on 77th Avenue will provide adequate screening of the rear of the property. Coimcilman Fitzpatrick stated Russian olive trees were originally there, but this didn't work because moving the tra�lers eventually trampled the plantings. He stated arother alternative may be to place the trailers in such a way to screen what is behind then. Ms. N�ry Martin, 133 Stonybrook Way, stated she is not himg up with the idea of a fence, but the storage portion of the lot should be screened. She stated one of the reasons why the special use permit was granted was because the L�ck Fart of the lot was screened at that time. She stated a permanent screening with some kind of greenexy is apFarently not what A�che Camping Center wants as the� ooulch't mwe their trailers. She stated she suggested � a cra�tive fenoe that would be moveable to screen the area. Ms. Martin stated all she wants is complianoe with the stipulations of the special use permit. She stated when this permit was issued, A�ache Camping Center was -2- • �. _ � • ���: � :. �0��3 ' selling it�ns i.hat were 10 x 12 or 10 x 14 feet in size. She stated the itens the3 are now selling are 12 x 38 feet in size. She stated Russian olive trees we�-e located on the site when the special use permit was issued and the permit was predicated on those trees renaitung, and now th ere is no screening. � ' 3. Ms. Nhrtin stai:ed the Cotmcil directed that the City and/or Mr. Pawleski meet with her. She stated she met with Mr. Pawleski and his attorney and thEy agreed to hedging and thought the� had some agreanent. She stated what is now projecte�d is the original plan and nothing is different. She stated it appears the original stipulations on the special use permit are being icyiored. Mr. fgwleski, ckrner of Ap�c�e dmp�ng Center, stated he was presented with the landscapinq plan 1� Mr. Wiersna of the City staff. He stated in regard to the fence which was discussed with Ms. [�hrtin, he cl�.cli't take any action as he wanted to see if the City would allaa it. He stated he didn't know what type of mrv�ble fenoe could be installed. Ms. N�rtin stat-ed her oonoern is screening and clich't care if it is a f ence or greenery. 5he stated she wanted the trailers screened which was supposed to happen when the special use permit was originally issued. Councilman Fitzpatrick stated it was the purpose of the original stipulations to screen everything behind the front of the building and it seans the proposed plan cbes not prwi� for this screening. NDTION by Councilman Fitzpatrick to refer this item to staff for a remmmendation on some type of screeninq, either fencing or plantings. Semnded tr� Cotmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared tYie motion carried unanimously. �tmcilman Fits:�atrick stated he would recommend staff contact Ms. Martin before the plan is brought L�ck to the Coimcil. Mr. �wleski also requested he be notified when a meeting would take place so something czin be resolved. [+�. Robertson stated staff has prepared at least four diffferent plans and a meeting could k�e held this week. Coimcilman Fitz,Fatrick requested staff �ntact him when the meeting would be held, ORDINANCE I�J. EI68 OAIDER SE(,'PTON 12.06 OF TI3E CITY CHAF�PER DECLARING CERTAIN RFAT, ESTATE TO BE_�Li!�PLUS APID AL�?30RIZING THE SALE Tf�REOF: NDTION b� Coimcilman Schneider to waive the sewnd reading of Orchnance No. 868 and acbpt it on the sewnd reading and ord�r publication. Seconded by Co�mcilman Barriette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carxied unanimously. -3- Q�`�� � • �. _ u� • •_•�,.,: � 'NEW BUSINESS: 4. CONSIDERP,TION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPPER 506. ENPITLID "VIIiICLE PARKING" BY AMENDING SECTIONS 506.02 ADID 506.10• Q�imcilman Schneider asked if this ordinance would prohibit a person from �arking a vehicle with a for sale sicyi in their aan driveway. Mr. Herrick, City Attorney, stated he would check further regarding this question. [+�TION by Councilman Fitzpatrick to waive the reading and approve the ordinanoe upon first ra3ding. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��.�._� ;; � r ��_ � •���_ r, ..� _y . • •a• •� �� • • i •,� � S'- •.. � • • ..y� � 4 ,.. .• •��� [• �� � Mr. Robertson, Commtaiity Develognent Director, stated Dr. Ik�hl's office was oontacted to inform him his rc� oning, vacation, and variance requests were on the Coimcil's agend� for this evening. He stated he was advised that Dr. Dahl was out of town and was not expected back until Tuesday morning, October 21. He stated Coimcil m3y wish to table these items imtil Dr. Dahl � can be present. NDTION b� Coimcilman Schneid2r to table this item, as well as items 6 and 7C, which all pertain to Dr. Ik�hl's property to the next Council meeting. Semnded kx Co�mcilm�n Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . �� � � • • . • • •�� r� •,��/. • • a� 1� • •'� • 1 g�• •• •�•� '� /. '��• S��_� • Y • �'� � I ' ' 7i� • I �.�i4� 1 I •• • �4.i� • • �• • I•• • I� I •Y I � I •Y • i�• • • I •Y � h' • 1� •�I �I I�� • �1, �1 �LJII •a� •^�C�' I •d�� � 1= _L • • � i� �/y� • yi • • •� • � �_ �� � �� • • •_:�• i •,�•� �u • i� � • � 7his item was tabled, imder iten 5, �mtil the r�ext Coimcil meeting. �� � I 4 � .4z • •_,lll N 41y • I • �� � C ' ' S . •� � • • •y_ S• • � • iU � �C � � _ � : �L� ' � ' � ln � � � � y �� Mr. RDbertson, Commtmity Developnent Director, stated this is a request for ' a special use permit for Qiurch on the Move to conduct church services in the c�mrrzsiim of this school. He stated there are approximately 600 menbers in the aongrecption and two church services would be held on Simday, one in -4- 00('.�.� � CO m?�'TL ME OF OCTOBER 20 . 86 ' the morning with about 300 people attending and one in the evening with about 150 people attending. Mr. RDbertson stated nei�6orhood meetings were held 1� Ghurch on the Move with neighboring residents to answer some of their questions and ooncerns. Mr. Robertson stated the Planning Commission recommended approval of this special use permit with 12 stipulations which are incluc�d in the Council's agenda. He stated the Planning Cormnission requested the City Engineer to subnit a report on the traffic issue. Mr. Flora, Public Works Director, stated he has met with the Ac�ninistrator of the sd�ool and the discussions oentered primarily on the dropping-off and picking-up of stuc�nts. He stated both schools (Church on the Move and Totino-Grace) start and end their academic day at approximately the same time causing congestion with stuc�nt pickups and in the hic� school �rking lot. He stated one solution could be staggering hours so vehicle usage oould be spread over a longer period of time and decrease the congestion. He stated another alternative would be to relocate the drog-off point for Church on the Nbve to the west end of the tuilding. He stated this would allow vehicles to eriter the existing driveway and establish a que line to the e[�t.ranoe and within the existing lot. He stated a third option would be oonstruction of a road and driveway aroimd the existing building to serve as a que area and praride for easy acoess to and fran the facility. � Mr. Flora stated the placement of a crossaalk between Totino-Graoe and this property was also discussed, but there is a problem as there are no sic�walks and, with the facilities located in the middle of the block, it would tend to give a false sense of secunty for the pedestrian. He felt this dich't lend itself well to a safety aspect. Mr. Flora stated as far as the vehicle parking in Totino-Grace's lot for church serviaes, this woulch't be a�oblen as Totir�-Grace would not have any activities at their school during this time. He stated the intersection at Gardena and Old Central was also discussed. He stated in order for a stop light to be plaoed at this intersection, it would have to be approved 1� the Cotmty Highway DeFartrnent and satisfy the necessary traffic warrants to justify a signaled intersection. He stated, currently, there are inadequate vehicles to satisfy the warrants. He stated the City is proposing to rech�ce the volune of traffic on Old Central betwen Rice Creek Road and Hi�way 65 with improvenents at thoye intersections. Councilman Schneider asked if Church on the Move was the aaner of the ProPertY• Mr. Anderson, the petitioner, stated the� have a purchase agreenent for the property, Lut closing has kaeen delayed as Fert of the akstracts were lost. Mr. Herrick, City Attorney, asked Mr. Anderson if the agreanent the� have is with Faith Academy or School District No. 14. Mr. Anc�rson stated they do � not have ariy agreanent with the School District, as the� are purdiasing the school fran Faith Academy throuc� bon� to pay off previous ftmding. -5- +�0�'� � � • �,. �_ y��, • ._.�.: • � ' Mr. Herrick felt, technically, the fee aaner should sign this request for the special use permit. He stated if the Council were to approve this special use permit, one of the oonditions was the permit would be granted after (hurch on the NY�ve became the fee aaner of the Lxoperty. Mr. Anc�rson, the petitioner, stated he approached F�ith Academy in August about the possible purchase of the school. He stated they have siqned a F:urchase agceanem and a mavrin agreenerrt and took over opexation of the school vmnediately. He stated, at that time, he reoeived a Fhor�e call from the City ach�ising him a special use permit was needed for them to conduct church servioes in the gy�asitun. He stated they wanted the school for a double use school and church in order to make it emrmmically feasible. He stated it was discussed, if the actual aanets should file for this special use permit, and it was suggested the� make application as the3 were t2ie ones holding the church services. Mr. Anderson stated a meeting was held with the neigh6oring residents where they expressed their ooncerns. He stated most of the mncerns involved the care and maintenance of the property. He stated they have cleaned-up the property and purchased lawn maintenance equipnent. Mr. Anderson stated he was asked about long-range plans and stated, at some point in time, the3 may mnstruct a new building. Mr. Anderson stated he has oontacted the Superintendent of 7btino-Graoe, Dr. � Ray, and a oontract for Fmrking has been drafted. He stated it would be several c1�ys before final ap�wal is re�ived fran 7btino-Grace as this has to go before their Board. He stated the agreement allows th�n to park 100 cars on Totino-Grace's Farking lot and meets the legal conditions required 1� the City. �tmcilman Schneider stated his ooncern is the parking and traffic. He stated another key issue which came up at the neigh6orhood meetings was if Churcii on the Nbve was willing to sell the �roel of property which fronts on Hillcrest Drive. He stated the aon�rn of resic�nts in the area is that this Keroel may be used for access, if a church were to be built in the future, and residents dich't want this praperty to be used as a feeder onto Hillcrest Drive. Mr. Anderson stated these iy�:es of questions are difficult to ans,aer because the� have been at this location less than a month. He stated when he met with the residents, he was very honest and stated they would like a new building. He stated this resulted in opemng a whole "can of worms" when all the� really wanted was to meet in the �mnasiian on Sundays. He stated thEy don't have a Filan for this property so the question is difficult to address. Cotmcilman Schneider stated this question isn't before the Council, but it seems a key issue as far as safety and public welfare being met Por tihis use. He stated he has a wnoern if there was sicyiificar�t. expansion haa fihis , would affect trafffic p3tterns on Gardena and Hillcrest. Mr. Anderson stated their immediate ooncern is to have a double use of the � �O�i�"� . 4� . ..�. • � ' building in order to s�tain the school. He stated he is not even sure if this property would be the best place for then to expand. He stated that question hasn't razlly been addressed and isn't the long-range vision. Mr, Roith, 1314 Hillcrest Drive, stated the �rking agreenent was negotiated with Dr. Ray and there was no apprwal tr� the Board. He stated he didn't believe 7btino-Graae would grant a long-term �rking arrangement. He stated Totino-Grace has reoeived complaints fran the neighborhood because of the currertt traffic, He stated he is concerned about the traffic and if the �amasitan has been insFected lx the Fire De�rtrnent for this ty�e of use. Mr. McLaughlin, 1050 Gardena Avenue, stated his biggest concern is the adc3itional traffic. He stated from a practical standpoint, there is a safety issue as he has witnessed and remrded quite a few accidents at the intersection of Gardena and Old Central. He felt the special use permit should not he granted, without sicyialization of this intersection. He also felt Farktng should 6e �xwided on the school's aan property and questioned if the Code allaas for Fatking off this site. Mr. Herrick, City Attorney, stated there is an ordinance that permits �rking, with a special use pemit, on ac}�acent pro�erties and believed some of these cases have previously been t�efore the Council. He felt there were �ases where a developer of oommercial property has requested a building permit and the prop�sed �rking is ad�acent on residential property. He ' stated it may not be a perfect analogy to what is presented in this situation, hut has a gra3t c�al of similarity. Cotmcilman Schneider asked what would happen if there is approval of the special use permit and the Farking agreanent with ZbtinmGrace and down the rca3d, the �arking agreene�. is terminated. Mr. Herrick asked if the parking agreement is terminated, if there is adequate space on Church on the Move's site to construct the number of Farking sFaces r�uired. Mr. Robertson stated there is adequate space to meet the parking ra�uirenents. Mr. Herrick stated if the Council grants the special use permit, with �arking on Totino-Graoe's site subject to a re�rdable agreement, that there be an additioral �wision that if tl�e agreanent is terminated, in order for tY�e special use permit to o�ntinue, an equal nwnber of s�ces would have to be constructed on the subj ect property. Mr. Anderson stated he 6elieved this is alreac7� aovered in stipulation No. 6 reoot[miended l� the Planning Commission. Cbuncilman Schneider stated when the School District sold the school to E`aith Academy, there was an agreanent regarding a green area to rema�.n open for recreational use. He asked if a g�rking lot was constructed, if it would affect this recreational area. , Mr. Flora stated staff hasn't looked at the ra-�uiranent on what additional spaoe would be desic�ated for parking so wouldn't know if this would be -7- oor,�;� ..1�. 4� . .�,.: �. , � affected. Mr. Anderson stated there was a Faragra�h in the mntract for deed between Faith Acad�ny and the School District wkv.ch provid�d for this recreational or gteen area. He stated there is a glaygrotmd area, basketball court, and open area in the upper portion of the property. He stated the� hav e agreed to keep this recreational easement as a stipulation to the special use permit. He felt e�nsion of the Farking lot would take a portion out of a forgotten lx�ll field. Mr. Herrick felt if this stipulation is to be implenented, there should be a specific description of the area so it is easily identifiable. Mr. Bittman, 1120 Gardem Avenue, stated in discussions with Dr. Ray, one of the questons asked was if Totino-Grace would permit more than a 30 day Farking agreanent. He stated he was advised the Board would have to make this decision. Mr. Bittman stated they do not need more traffic as his f�nily has had two accider�ts in the ten years the� have lived here. Nh�. Mi�ar, 1291 Gardena Avenue, stated residents in the area supported Faith Amd�ny to use this building as a school, but felt to have activities on Simd3ys takes away the only quiet time from the neighborhood and is a negative impact. He felt the issue of the parking also needs to be addressed, if Farking on Totino-Grace's property cannot be arranged. He ' Fninted out there is vexy little frontage on this site which amplifies the problHn and would place traffic right acpinst resic�ntial hanes. Mr. Minear stated there is also a sa�np on the property which takes up approximately one-fourth of the site. He stated it seems inappropxiate to extend the Ferking lot into the school's athletic facilities, and he felt the land ooulch't support these two uses, Mr. Itnuts�n, 5880 N�tterhorn, stated it seems if a Farking lot needs to be �nstructed, there a variety of questions wh�.ch haven't been addressed. He stated in addition to meeting the requirenent on the nunber of s�aaes, there is the question of drainage. He stated, technically, even though these issues are not bef ore the Cotmcil, he questioned onoe Church on the Nbve had a vested interest in the property, how they could be sure future requirenents would be met. He felt ac�quate planning had to be cbne now and there are a lot of unanswered questions. Mr. Knutson f elt further inPormation is needed to see if requiranents of the EYre Code are met and if there are specific mimmun Farking requiranents. Mr. Carlson, 6D1 Rioe Creek Terrace, stated he is a menber of Church on the Move and spoke in favor of the special use permit. He stated there has heen some allegations about glans being changed or misinformation given and want to assure than, as xart of the church's advisory board, what they have been hearing f rcm Pastor Anderson is vexy straightf ocward. He stated there is no attsnpt to hold t� ck any information. Mr. Carlson stated he believes the d►urci� would be a good neic�bor and a blessing to the mmmlmity, He stated ' he belieaed the use is well within the legality and permits of the law. Mr. Lewis, 6001 Garder� Circle, stated the back of his property abuts the � D+D�� •.y. _ � y_ • •_��,: �• � ' Ynseball field on the school's �xoperty. He stated he attended one of the neic�borhood meetings and is ooncerned about the possibility of a church with 800 menbers and possibly expanding to 1,200 menbers. He stated the school �o�rty is about two feet higher than his property and they do have some Fxoblan with the drainage. He felt if a�xrking lot was constructed, it would add to this problen. He stated he is not ac�xinst the church, but ooncerned about the use of the land. Mr. Hanernick, 134Q Hillcrest Drive, stated he is in favor of the special use permit. He stated he met with menbers of the church and felt the� would be good neic�bors. He stated he was a land use planner for 12 years and felt what is being requested is prudent. He felt the traffic uses are se�rate and should, at sane point, 6e addressed, t�ut the land use at this time is reasonable. Mr. O�lstrcm, 1338 Hillcrest Drive, stated he was in favor of Yhe special use �ermit. He stated Faith Academy had a dinner fot 300 people and they dich't have a Ixoblen with �arking. �lmcilman Schneic�r asked where these persons Fsrked. Mr. Nlstrom stated at 7btino-Graae, in the school's �arking lot, and others on the street. Cow�cilman Schneider stated his cbnoern is the psrking. He stated he has received a ntmber of calls regarding the Farking problem on Gardena and it � is a difficult situation. Co�mcilman Barnette stated when the school was aaned }x School District 14, there were evem.s where more than 300 people attended and persons �rked on the street. A lady in the audienoe stated that most of the people lived in the area and walked to the e�ents at the school at that time. Mr. Haunermck stated there is a stipulation reoommended to oonsolidate this property into one Faroel and wondered if it was wise because of some of the oonoerns of the residents regardinq ingress or egress. Mr, Herrick stated it would not be his recommendation that a decision be mac� this evening on this request. He felt there are some questions raised which need to be ansvered and sane additional fact finding on part of the staff. He felt other churches in the City should be checked to see if this request differs in any respect and, in regard to the traffic, there should be specific traffic ooimts �m�aring traffic when this was operated as a school to what is naw being proposed. Mr. Mdaughlin stated there should be stand3rds of use in the Comprehensive Plan regarding parking, building, and screening and would like these questions an�tered. � Coimcilman Schneider stated he would agree with Mr. Herrick's stat�nents and felt sane additional information is needed. He stated some items which should be addressed are as follaas: (1) letter £rom fee aaner indicating � oo�:���, � . � . .�.: , � the� concur with this request for a special use permit; (2) requirements of the ordinance rec�rding parking on property other than that owned by the - petitioner and rani.fications of the special use permit; (3) size of the saamp area and if it is required for drainage; (4) define the recreational area regarding size, equipnent �aoposed, maintenanoe, access requirements, and shared use; (5) in the event of a circular drive, the distance from the htmes on the east and west; (6) if additional develognent takes place on the property for drivc�aays and parking, how this affects the drainage; (7) size of the c�mnasitm and if requirenents of the Fire Code and parking are met; (8) problens which may or may not be created if the lot fronting on Hillcrest Drive was split off and sold to d�velop as a single f�nily Farcel; (9) sicgied oop� of the �arking agreenent with 7btino-Graoe for review 1� the City Attorney; (10) comFarison with other churches regarding zomng, size of g�rking lots, size of the church itself, and n�nnber of inembers in the oonc�egation; and (11) specific traffic counts on Gardena and accident history going back to when Gardena was an elenentaxy school. Coimcilman Barnette stated most of the churches in Fric�Ey have gone throuc� this same stage. He stated Fridley Methodist used Hayes School �rking across the stxeet; Fridley Covenant parks along the stceet; Redeemer Lutheran uses the street and possibly some of the park property; Grace Ebangelical used Madsen Fark for many years for Farking; St. Philip's uses some of the mortuary Farking; and St. William's uses some of the shopping center Farking. He stated he dich't believe churches crPate a major problan � and thc� were good neic�bors. He stated he lives near Woodcrest Baptist (Y�urch and the� have heen nothing but cpod neic�t�ors. NDTION Lx Cotmcilman Sch�ider to table this item to allow staff time to subnit a report for the r�ext meeting. Seoond�d L� Councilman Fitzpatrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unammously. •� � • •_ �•a •4_ :. • • _�:• • �� _ n •« i �y 1�1�► � _ � •�� s � «r • •���� Mr. Rabertson, d�mmtmity Develognent Director, statea this is a request for a special use permit to allaa a reFair cprage, whici� was previously Shorty's Taaing, at 5755 University Avenue N. E. He stated a landscaping plan was pre�ared L� staff and recommended to the Planning Commission. He stated there were also a ntmtaer of other sipulations which the 6�mmission revic�ed with the or�rber, Mr. Schuur. He stated Mr. Schuur had reservations about several of the stipulations, haaever, the Planning Commission recommended apprac�al of this request 1� a 3 to 2 vote. l�yor Nee stated it seens an extraordinaxy inter�sive use of a snall �arcel. He asked if the petitioner or avner were present. Since neither the petitioner or avner were present this evening, the � follv,ving ackion was taken: N�TION b,� Councilman Goodspeed to table this item to the next meeting. -10- ' , � Of)ra�-a • y. �� •_ �yi �: � :. Se�nded kx Coimcilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. •� � ;_y�• •_ • i • � • � s �� _ �r. `� � ,� • a� � � _ • • . � �I - • �.� -�ui . _� � � - Mr. Robertson, Community Develognent Director, stated this property is located on the oorner of Rioe CYeek Road and Old Central. He stated the biggest problen with this lot split is the frontage which cbes not meet the requirements of the Code, He stated it is only 64.54 feet and the requiranerit is 75 feet. Mr. Qureshi, City Manager, stated there are large parcels of property in this area and everitually these properties will split. He felt there should be some overall plan for future develognent and it would require the moperation of a nunber of Fcoperty aaners. He felt if this lot split is granted, it woulch't set a good precedent for the neic�borhood because the lot is so rr�rraa. He felt there needs to be 000peration on the �rt of the owners in the area in order to have lots wh�.ch meet the Code requirements. He suggested this iten be tabled so the property aaners could work together in an attenpt to prac�ide a plan for the werall develognent of this area. Mr. Geldert stated he was mncerned about the width, but ooulch't imderstand wkr� thEy were allowed to be split in t,he first glaoe. Mr. Qureshi stated this was pxotsbly an old plat in existence before there were any regulations 1� the City. NDTION b� Cb�mcilman Schneider to table L.S. #86-07 in order to provide the petitionet an o�porttmity to work with ad�acent property aaners and City staff in an attempt to provide standard lots. Seconded by Councilman Barnette. Upon a voioe vote, all voting aye, N&yor Nee declared the motion carried unanimously. � • s +/ i �_ • ,� �� i � 4i • �yr • � :. - � �� � • • • .�. '�q� • • �� � �� � � '+� 7�4i; M, ��.0 • • • �� i V I�'�� • •1� Y� � • �lw �li� y � • � , �� _ ' i�1i�_• • • •71� I •9� �'�! _'SU/._--• ��. � •� • ' 9�� _ s '•�i .7�V:_—' ' �� � ' 81� • i:"_': � • a�� 1M i r._�� Yl� • 7�4:; «; •��4 • ,r• • 4z •' 4_�. •�' ' ��v 1 • • ' � y i � ��� Y1� : • y. ��y � � � � � •� I ��u 1 y. •• • �_�I� •��y _1 � • rl Y /Y'� ' ��� �I' I • � ` �I� ... '.� '.�.�� al:ll! �� I �is itan was tabled, Lmder It�n 5, tmtil the next Coimcil meeting. -11- � 8. � ' ��� �� •�y, ui�J �� • ���: • � •:. ' � �I i � ,�9_ _ •_ « . y • •�� _ • i • �� �]l4:IY� NDTION by Councilman Schneider to receive the minutes of the Charter Comnission meetinq of Fhy 19, 1986. Sewnded 1� Cotmcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� � � • � • � • • � i '�b , � A�7T�1;�+►'� Mr. RAbertson, Community Developnent Director, stated when the Council apprwed this lot sglit on April 18, 1983, there was �nfusion in regard to the reaording proozss and it was never reoorded at the County. He stated the petitioner is working with Ixospective bisyers and would like to record the lot split, therefore, reapprwal is requested b� tYie Council. Mr. Robert:on stated in c3�ecking with the Anoka County Highway De�rtment, it is remmmended there be a public, rather than a private, easement. hDTION L� Co�mcilman Fitzxatrick to reapprove this lot split, as covered under Resolution No. 12-1984, and retain the public easement. Further, this property be posted to �aohibit the sale of cars fran this �roel. Seconded l� Co�utcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee c�clared the motion carried unanimously. 1 �• � • • / •�1�1 ' � s��' � 1� � ' � .4..� ��4� .. • _ �li' • M..'_l ,_ . • 1 � • ': �.4e�� � _ � 1l�:i�.. �� � � + � � � .. ... . . . �� •.7 ' I�_•, _ ��' •�yl � •• •e I' � . . �' � Mr. F7.ora, Public Works Director, stated a stuc� was pre�ared L� TKL�F, on the re�ir and impravenents to the Common's Park Water Treatment Plant. He revieaed the five alternatives sutmitted and the estimated oosts. He stated THI]A, as well as staff, would reoommend Alternative No. 4 to oorivert five of the seven filters in the �mmon's �rk P1ant for mac�esi�sn tr�tment of the four shallaa wells, and the rana�mng two filters Eor iron removal for the deep wells. He stated this would require some revalving, installation of green :and and poly�'hosFhate and aeration systems plus a settlement basin for the backwash. The estimated cost of repairs and improvements is approximately $800,000 and the wst to desicyi and inspect the construction is an additianal $52,000. Mr. Flora stated it would also be appropriate to upgrade the entire plant during the repair to include automation control and recording intrunentation. He stated this could result in an additional expense of approximatly $150,000, for a total e�enditure estimated at $1,000,000. He stated staff's recommendation is to receive the TKDA report, adopt Alternative No. 4 and retain the services of TI�A so repair work could be initiated. Mr. Flora stated this plant was desic�ed for iron renwal of the deep wells -12- oo��� . y.•� _ u� � _ .. •_.�.: � ' and when the City shifted to shallaa wells, they have a greater magnesiisn content and caused deterioration of the filters. He stated in the _ im�rovanents, five filters will service the four shallow wells and two filters will serve the deep wells. He stated this calls for a small addition to the a�st side of the filtration plant where the poly�osphate chenical insertion will be located. He stated an imderground storage tank wi11 �otx�bly be built on the west side and the syst�n calls for Ixlclaaashing of tanks imder ait pressure, He stated a water softeni.ng system cannot be implenented in the existing plant and would re�uire a mmplete rebuilding of the systen at a oost of about $6,000,000. � ' Mr. Qureshi, City l�nager, stated staff is rewmmending the alternative suggested 1� 4�1A. He stated he realizes this repsir and improv�nent is very costly and wanted the Council to feel comfortable with the rewmmendations. N1�TION by Councilman Schneider to recieve the TKDA study and approve Alternative No. 4 for the Common's Fark Water Treatment Plant. Seconded by Coimcilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. [�DTION b� Cotmcilman Gooclspeed to authorize the City Manager to enter into an agreenent witl� TIQ]A for �ofessional services to design the plans and specifications for the Common's F�rk Water Filtration Plant. Sewnded by Coimcilman Schrieider, iJFon a voice vote, all voting aye, Nayor Nee declared the motion carried unanimously. RECESS• l�hyor Nee called a recess at 10:14 p, m. RECONVENID- Nhyor Nee reoanvered present. the meeting at 10:25 p. m. All Council members were 11. CONSIDERATTON OF APP%7VAL OF STX_-CITIES WATERSHED MANAGEMENT ORGANIZATION PLAN: Mr. Flora, Public Works Director, stated the City has received the Six�ities Watershed Management Plan for review. He statec3 the cities within the Watershed Management Organization have 60 days to review and comment and then the report has to be processed through the County, L��rtrnent of Natural Resouroes and MetroFolitan Coimcil for comment prior to being sutmitted to the Water Resources Board for approval. He stated this process should allow the Plan to be sulanitted in Deeember in acoor d�noe with the 509 Statute. Mr. Flora stated the ma7or itens of the plan deal with capital unprov�nents identlfied to be o�mpleted within the six sub-clistricts. He stated Fridley is irroolved in five projects, four of which call for supplenental joint powers agreenents with the approprite cities for completion and one which includes an ad valoren tax for the Oak Glen sub-district imprwenent. -13- U�GA�,� � ��. iu?�?+M � • • ��� : • � • : . � Mr. Flora rEViewed the various capital improvanent pro�ects which involved the City and are as follaas: (1) install a diversion pipe from Highland Lake to C7.over Pond in CFH South at an estimated cost of $30,000; (2) install erosion protection in Oak Glen at an estimated cost of $100,000; (3) install erosion �xotection in Stoneybrook at an estimated �st of $124,000; (4) floodproof hanes subject to flooding in CPII South at an estimated cost of $60,000; and (5) divert Stoneybrook high flaas to Springbrook Nature Genter and construct a pond and control structure in Stoneybrook at an estimated wst of $200,000. Mr. Flora stated if the six cities in the Watershed District cannot agree on the plan, it would go la�ck to the Coimty. He felt if the cities wanted any wntrol, thEy shoul.d acbpt the glan. He stated it is hoped, through this plan, the affected City Councils would get together and agree on a cost sharing for the Fsojects affecting their g�rticular cities. Coimcilman Fitzpatrick asked if the project proposed for Oak Glen Creek would be assessed to abutting property aaners. Mr. Flora stated this is the only district suggested for an ad valoren tax and all properties in that watershed district would pay for the improvement. He stated one of the benefits of the 509 Legislation is taxes can be levied on an ad valoren 1�asis onoe the glan is apFxoved. Mr. Flora stated the Oak Glen �oject deals with erosion at the Mississippi � River. He stated all the creeks experience erosion at the Mississippi River's mouth. He stated Sprinc�rook isn't as t�d, as it oomes through the Fark before it enters the river, but there is si�ificant erosion with the other two creeks, Oak Glen and Stoneybrook. Mr. Qureshi, City Manager, asked what would happen if the Council did not acbpt this glan. Mr. E`lora stated the joint powers agreenent would fail and it would revert to the Coimty to take over the storm water management plan for the six cities and the� would imglenent the plan by an ad valorem tax or a �oint powers agreenent. Councilman Fitzpatrick stated his concern is about the assessment to property aaners. Mr. Flora stated before a project is started, there would have to be a public hearing. He stated it muld be one hearing covering all the pro�ects or seXarate hearincSs for e�ch �o7ect. Mr. Qureshi felt it is important to Imow what percentages and kind of costs would be involved and where f�mcls oould be raised. Mr. Flora stated the City has the option of lEVying an ad valoren tax within its sub�listnct or working with the other cities irivolved in a�rticular ' project on a mst sharing la3sis. He stated the inaentive is, if the cities cbn't acbpt this glan, it would revert to the Coimty and the3 would make the decisions regardi.ng the improvenents. He stated, l� law, some aqency has to -14- � � ' DO�a� � • 171 _�, � ��,1�: • 1 marrage the surfaoe water. Coimcilman FYtzg�trick felt while it may be true the� need to have a plan, it cbesn't neoessarily mean this particular one. He felt there is a great amoimt of detail involved in eadi of these improvenents which isn't going to be �derstood this evening, He stated he doesn't mean to be critical of staff as this is such a trenendous problen, but isn't in a position, at this point, to ap�ove something as specific as this can be wnstr�d. Ngyor Nee asked if the County were to undertake these improv�nents, who would be the mntrolling agencies. Mr. Flora stated the County hoped the six cities could work out the plan. He stated he dich't Imaa haa the Cotmty would accomplish the improvenents as, currer�t.ly, all areas within the Cotmty have a �oint powers management organization established. Coimcilman Schrieider asked if the plan is apprwed, cbes it ooimnit the City to tttese improvenerits regardLess of what actions the other cities may take. Mr. E'iora stated if the Water Resouroes Board apprwes the glan, appropriate proce�res would have to be acbpted to ac�mplish these improv�nents. He stated if the cities involved cannot resolve an issue, the matter is referred to the Board of the Six Cities Management Organization and the Board can order the imprwanerit. Mr. F7.ora stated when the Six Cities Watershed Management Orgamzation met several years ago, all six cities were represented and they wished to work together taaards a solution. He stated, hopefully. this feeling will oontin� and all the cities wi11 acbpt the plan. He felt if the City wanted some sort of involvenent and control, the �oint powers agreement is the prooedure the city should follar�. Coimcilman FitzFatrick stated he wanted involvenent b� the CYty, but didn't want to aommit, at this time, to some of the details. Mr. Qureshi stated he muld see a possible problem with the cities in sharing the oosts, how�er, he didn't feel all cities would approve the plan. He felt the question is if the City is in a better position by agreeing to the glan or giving it to the Coimty. Mayor Nee stated he is a little uneasy with the vagueness of the improvenents outlined, and hav the fim� woul.d 6e raised. Mr. F7.ora stated he hoped the cities would act favorably on this plan and use the ad valoren Fsocess to make the improvenents. He stated the projects are �t that large so a lot of assessnents woulc�'t be irn�olved. Councilman Fitz�trick felt if the improvements are done to the level outlined, it woulc�'t solve many problens. He felt, when the time came, the Coimcil would be accused of apFxoving these projects this evening. He felt the Colmcil may be in a better position to make a cl�cision, after Mr. Flora —15— 4���� • 1�. _ v�� �. •_ ���: _• � •:. � attended the organization's meeting this week. FDT7AN b� Cotmcilman FitzFatrick to table this iten for a report at the next Coimcil meeting. Seoonded lX O�imcilman GoodsFeed. Upon a voioe vote, all voting aye, Nhyor Nee declared the motion carried unanimously. Mr. Qureshi stated o�pies of this entire report would be supplied to the Coimcil for their re✓iaa. �� � • • • • �� •� • �� � i • � • ..�� .:.4 ���V� 1:��• _ _ _ _ Mr. Bill Htmt, Assistant to the CYty I�nager, stated a brief estimate of the oosts for �oviding a Senior C3tizen Progr�n d�ordinator have been provided to the Council. He stated these wsts cover base salary, as well as allocations for insurance and retirement. He stated the difference of $20,324 and $20,609 would depend on if the City p�ys the public employee retirenent. He stated the �erson filling this �sition would be an englv�ee with a one year oontract and would be supervised ty the City. Co�mcilman FitzFatrick stated the City now has an employee that performs satie of the proposed duties and asked if there would k�e teconsideration to assicyiing the person to this job. Mr. Qureshi stated the �osition is going to be opened and anyone that is � qualified can apply and woulch't warit to make a prr7udc�nent at this time. He stated he felt the interview process should involve a member of the Senior Citizens AdviSOry Board NDTION b� Coimcilman FitzFatrick to receive the report on the cost for the Senior Citizen Progr�n Coordinator. Sewnded }x Coimcilman Gooclspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. CLAIMS: NDTION b� Councilman Barnette to authorize payment of Claims No. 10838 through 11045. Seoonded l� Cotmcilman Goodspeed. Councilman Schneider noted there are some problems with one of the aontractors and mwed the following amenc3nent: NDTION b� Councilman Schneider to delete payment of the claim to Bacon Electric and direct staff to investigate the amounts in the charges. Semnded ls� Coimcilman Gooc�peed. Upon a voice vote, Cb�mcilman Schneider, Coimcilman Goodspeed, Coimcilm�n FitzFatnck and Mayor Nee voted in favor of the motion. Councilman Barnette voted against the motion. Mayor Nee declared the motion carried t� a 4 to 1 vote. ' UF�N A VOI� VO'IE TAKEN (N �IE NP,IN [rDTION, all voted aye, and Mayor Nee declared the motion carri�d unanimously. -16- 1 V;Q� �� �:_J\, _ y171��U.. � ���:7i' 1 14. LICINSF.S• NDTION l� Coimcilman Schneider to apprwe the lioenses as sutmitted and as on file in the Lioense Qerk's Offi�. Sewnded b� Coimcilman Fitzp�trick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� l_ _ � • • UY : _ • � �� � �! •U� •� I� Y �i '�I�� � � i- •�11�11s �•il ii � Y •• - Mr. Qureshi, City Manager, stated these contracts are for contractual services in oannection with the Lake Fbinte develognent apprwed tX the HRA. NDTION Y� Coimcilman Barnette to authorize the City' s entering into these two wntracts with Subterranean Engineering and Ernst and Associates on behalf of the HRA. Semnded ]s� Coimcil�n Schneider. Upon a voice vote, all voting aye, Nhyor Nee declared the motion carried unanimously. 15. ESPIMATES• NDTION b� Cbtmcilican FitzFatrick to ap�ave the estimates as suhnitted: Eugene A. Hickok & Asso., Inc. 545 Indian Motmd � Wayzata, NN 55391 . . . . . . . . . . . . . . . Moore Lake Restoration Project Phase II Partial Estimate . Gtmderson Brothers 2325 Shelling Ave., S. Minneapolis, NN 55404 Misoellaneous Concrete Cl�rb & Gutter Partial Estimate No. 5 . . . . . . . . . . . . . Ernst & Associates 122 West 6th St. Qiaska, NN 55318 Lake Fbinte Corporate �nter l�rtial Estimate . . . . . . . . . . . . . . . . Subtertanean Engineering 6875 Hic�way 65 Friclley, [�N 55432 Lake Fbinte Carporate Center Partial Estimate . . . . . . . . . . . . . . . . Simde Engineering 9001 East Bloanington Etvy. Bloanington, NN 55420 I,ake Fbinte Corporate �nter ' l�rtial Estimate . . . . . . . . . . . . . . . . Enebak Construction Ctxn�any P.O. Box 458 -17- $ 9,305.00 $ 7,348.06 $ 2,952.96 $ 1,650.00 $ 21,531.11 1 � C�i� �, uia�a� � • •w��• �• � � Northfield, NN 55057 Lake Fbinte Corporate Center Partial Estimte . . . . . . (Project #163) . . . . . . . . . . $ 141,634.37 000�� Sewnded k� Ca�mcilman Schneic�r. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. DISCUSSION ADID AEPERMINATION OF FUTURE ACTION RELATIVE TO DARREL FARR!S VACATION RDDUEST• Co�mcilman Schneider stated, when the Coimcil discussed the vacation request 1� Mr. Farr, he was represented kx his son, Ik�n Farr, and agreed to a nimber of stipulations. He stated he has since received a call from Mr. Fmery, President of the �vnhouse Association, and was advised by him that Darrel Farr stated his s�n had no authority to make the o��nitrnents and he woulch�'t issue the bond. Cotmcilman Schneider stated he would like this information verified and to make sure a certificate of occupancy is not issued on the hane being constructed. Councilman Schneider stated his concern is every time the City had an agreanent with Mr. Farr and his organization, this has always been the outcome and his word is useless. He felt the City had the oppoxtunity to wrrect some of the problans and should enforce some of the ordinances or forget about the vacation, Mr. Flora, Public Works Ilirector, stated the City could notify the FHA that there is a problsn, as thEy normally aontact the City to see if there are a� problens. Mr. Qureshi, City Manager, stated whatever legal actions are necessary to make sure he performs to the agreenents oould be taken and a report back to the Cotmcil at the neut meeting. lbimcilman Schneider asked that m pemits be issued until they are brought to the Coimcil. AA70URNMENP• M7TION by Councilman Barnette to adjourn the meeting. Seconded by Coimcilman Schneider. Upon a voice vote, all voting aye, N�iyor Nee d�clared the motion carried unanimously and the Regular Meeting of the Fridley City Coimcil of October 20, 1986 adj ourned at 11:45 p, m Respectfully sutrnitted, � �/ "LC��-r-C,� k�:�lt�� l�role Haddad, Secretaxy to the City Coimcil ' Apprwed: � �G�i�`4�"'� !' � Willian J, e, N�iyor