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09/09/1991 - 00006175� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMHER 9. 1991 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 Councilmembers and audience in the Pledqe of Allegiance. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick None PRESENTATION OF AWARD: Mayor Nee stated that tonight an award was going to be presented to North Suburban Consumer Advocates for the Handicapped (N5CAH) and the City of Fridley by the Minnesota Sta�.e Council on Disability. Mr. Steven Barg, Code Enforcement Officer, stated that this award was being presented to NSCAH and to the City of Fridley jointly for a project. He stated that the first "Acoess Guide to Friendly Fridley" was published in 1983. He stated that the purpose of that guide was to enable people with disabilities to find where they could go for goods and services. He stated that it entailed identifying ramps, accessible parking areas, accessible bathroom facilities, etc. He stated that the "Access Guide to Friendly Fridley�' was updated in 1989, and the second edition was published in 1990. He stated that the Minnesota State Council on Disability thought that publishing an access guide and updating it was commendable. He stated that there are many more businesses in the second edition. Mr. Barg stated that NSCAH organized and did a lot of the work on the project. He stated that the City of Fridley provided a grant through the Community Development Block Grant program and also some in-kind assistance. He stated that Clell Hemphill and Toni Dahl- Wiske from the Minnesota State Council on Disabilities are at the meeting. He asked Mr. Hemphill to come forward to make the presentation. Mr. Hemphill thanked the Fridley City Council for allowing them time to make this award to a community and a group who have done an outstanding job of recognizing a very important project on FRIDLEY CITY COUNCIL MEETING OF SEPTEMHER 9, 1991 PAGE 2 � accessibility. He stated that the Minnesota State Council on Disability has recognized Jesse Ellingworth and his organization, NSCAH, as being a leader in the quadrant of the State and especially in the attitude and product the Council is tryinq to present, which is barrier-free accessibility. Mr. Jesse Ellingworth stated that he was very grateful that he has been able to work with the City of Fridley City Council and staff many times in the past with the CDBG funds. He wanted to again say "thank you" to the City Council and the City of Fridley. Ae stated that NSCAH has now moved its office from Fridley to the new human services building in Blaine, but he hoped that Fridley will continue to assist them in their efforts. Mr. Hemphill stated that on behalf of the City of Fridley, they would like to extend appreciation to Roger Blohm and the City for all their e£iorts from the Minnesota Council on Disability. Mr. Blohm stated that he wanted to thank the City Council for their cooperation and monies that made the "ACCess Guide to Friendly Fridley," second edition, possible. He stated it is his hope that other cities in Anoka County will do what Fridley has done to make Anoka County a leader in the area of accessibility. He also thanked the other members of NSCAH and the people who went door to ' door to get the names of the organizations and businesses and who prepared accessibility reports on each organizationJbusiness. Mr. Blohm stated that he hoped this placque would be placed in a prominent position at the Municipal Center to show what has been done in the City of Fridley. He stated that once again Fridley becomes number one as a leader for people with disabilities. � Mr. Barg thanked Ms. Dahl-Wiske and Mr. Hemphill from the Minnesota State Council on Disability for presenting the award. He stated that the "ACCess Guide to Friendly Fridley" was a joint effort between the City of Fridley and NSCAH and that it is fairly rare. He stated that there are only a couple of other communities that have done this. The City of Fridley can be proud of making this kind of commitment to people with disabilities. He stated that he would also like to thank the Fridley Human Resources Commission and the City Council for their participation. He stated that Marija Netz from the Human Resources Commission was in the audience. Mayor Nee thanked the members of the Minnesota Council on Disability for coming and presenting this award, and he expressed his appreciation to Jesse Ellingworth and Roger Blohm for their contributions. � FRIDLSY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 3 � APPROVAL OF MINUTES: COUNCIL MEETING. AUGUST 26. 1991 MOTION by Councilwoman Jorgenson to approve the minutes as presented. MOTION TO AMEND by Councilman Billings to amend the minutes on page 11, last paragraph, first sentence as follows: "All four shall be of the same color background and lettering and shall have the same style lettering." Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the minutes approved as amended. ADOPTION OE AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: BRUCE LUNDGREN RE: FRIDLEY BUS COMPANY Mr. Bruce Lundgren, 230 Rice Creek Terrace, stated that he has been � a resident of the City of Fridley for eighteen years. He stated that he would like to address a situation developing in his neighborhood regarding Fridley Bus Company. He stated that he was speaking on behalf of a majority of the homeowners from 180-281 Rice Creek Terrace and 6721-6731 Main Street. He stated that many of the homeowners were in the audience. Mr. Lundgren stated that Darwin Voigt, the current owner o£ Fridley Bus Company, has harmed the character of their neighborhood with his recent expansion of his facility at the west end of Rice Creek Terrace. Mr. Lundgren stated that in 1973 the Fridley Bus Company was formed by Roger Christenson after a great and heated debate at a City Council meeting. He stated that he was a member o£ the audience at that time and spoke at the meeting. He stated that at that time, the neighbors were concerned about three basic issues: (1) pollution, both air and noise; (2) visual impact of the light industrial facility on a residential neighborhood; and (3) an increase in traffic in the residential area. He stated that at that time the City Council attached fifteen stipulations to the building permit which included three stipulations about a 7D foot green area augmented with trees and other vegetation; One stipulation provided for inside storaqe of all the buses, one stipulation was regarding construction of the building, and one � stipulation was regarding traffic on Main Street. He stated that all these stipulations were agreed upon by the City Council, the neighborhood, and the owner; and they seemed to protect the �� FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 4 ' neighborhood from their concerns and fit with Mr. Christenson's description of the company as being a small school bus company which wouldn't grow and would provide a service to the City. Mr. Lundgren stated that Mr. Christenson sold the company to Mr. Voigt in 1985. He stated that at that time about five school buses were stored outside. He stated that was a violation of the stipulations, but the neighbors were tolerant about it at that time. He stated that since then, Mr. Voigt has increased outside storage so that on Labor Day, 1991, there were 21 buses stored outside. He stated that Mr. Voigt has increased the outside storage of buses (which includes the large diesel coaches, city- type buses, and school buses), and he has entirely destroyed the 7D foot buffer. He stated that in the last two months Mr. Lundgren has brought the outdoor parking area to within 35-40 feet from the nearest residential home, and he has erected an eight foot chain link fence, which he states will screen the buses from the neighborhood. Mr. Lundgren stated that he can read the writing on the sides of the school buses through the fence. Mr. Lundgren stated that these chanqes have turned the neighborhood's 1973 concerns into their 1991 nightmares. He stated that this increased outdoor storage has raised noise levels at all hours of the night. He stated that the charter coach business ' operates day and night. He stated that Mr. Voigt uses the residential streets for testing his buses after doing repairs on his own buses and, apparently, buses for other companies. Mr. Lundgren stated that the diesel buses have increased the smell in the area. He stated that some of the neighbors are concerned about potential health hazards, as well as toxic air pollution. He stated that while the diesel engines do not emit the same level of toxic gases as gasoline engines, they still stink. He stated that the destruction of the buffer has increased the noise levels for the neighbors from both buses at the garage and the trains. He stated that the fence does not hide the buses. He stated that he can see the buses clearly through the fence. Mr. Lundgren stated that Mr. Voigt is not a resident of the City of Fridley and has no long-term interest in the City. He stated that Mr. Voiqt has no investment in the City. He stated that in a public hearing before the Planning Commission on August 21, 1991, he stated that he was trying to relocate his business but couldn't because he couldn't obtain financing, and that he planned to be out of the City of Fridley within four years. He stated that Mr. Voigt has claimed ignorance of the stipulations. He stated it does not really matter whose fault it is whether it is negligence on his part for not checking with the City, or negligence on the part of the 1973 City staff for not filing the stipulations. He stated � that the result is that Mr. Voigt has destroyed the character of their neighborhood for the next fifteen to twenty years or longer. He stated that there is no longer a 7o foot buffer. , � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 1991 PAGE 5 Mr. Lundgren stated that the neighbors have been extremely tolerant of the bus company as it has infringed on the neighborhood over the years. He stated that the increased number of buses has been tolerated, but now with the destruction of the buffer, the neighborhood is saying: "It must stop. They have been pushed too far." He stated that the neighborhood would like City Council to act on four requests: (1.) To issue an injunction against the Fridley Bus Company which prohibits any further work on the outside storage area until the issues regarding the stipulations are resolved; (2.) To direct the City Manager, staff, and the City Attorney, to enforce all the 1973 stipulations, specifically, the indoor storage of all buses and the restoration of the green area buffer with mature 15 to 20 foot evergreens, if that is required. If these stipulations are not enforced, what affect does City Council actions have in the future? How can they, as residents, trust that future Councils will uphold the actions the Council takes today? (3.) There was supposed to be a speaial use permit on the Council agenda which was withdrawn by Mr. Voigt. Fie urged each Councilmember to obtain and study the minutes of the August 21, 1991, Planning Commission meetinq, including the petition filed by the neighbors. There are about sixteen to seventeen pages dealing with this item alone. (4.) The neighborhood would like to be included as a regular agenda item at the next City Council meetinq to discuss this with a formal dialogue. Mayor Nee stated that he and the Councilmembers have read the August 21, 1991, Planning Commission minutes. He stated that staff has been doing a lot of work on this issue. He stated that it was hard for Council to respond to the neighborhood at this point. He asked if work is still being done by Mr. Voigt on the outdoor storage area. Mr. Lundgren stated that since the Planning Commission meeting, Mr. Voigt has completed the fencinq, including the qate, and has added curbing alongside the building. He stated that the neighborhood is concerned that he is going to asphalt the storage area which would make it more difficult for the City to approach him. He stated that tonight the neighborhood just wanted to gain Council's attention and make sure they were aware of the situation. Mayor Nee stated that Mr. Lundgren had raised some very good points. He stated that Council is very aware of the situation and is also very concerned about it. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 1991 PAGE 6 � OLD BUSINESS• 1. ORDINANCE NO. 976 IINDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION RE4UEST, SAV #91-03, BY WILLIAM PICKERINGI: MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 976 on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 2. FIRST READING OF AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE ISSUANCE OF SPECIAL USE PERMITS FOR EXTERIOR STORAGE OF MATERIALS AND EOUIPMENT AND ROCK CRUSHING ACTIVITIES IN THE M-1, LIGHT INDUSTRIAL, AND M-2. HEAVY INDUSTRIAL, ZONING DI5TRICTS. AND PROHIBITING THEIR LOCATION WITHIN THE CITY WHILE THE MORATORIUM IS IN EFFECT: Ms. Dacy stated that Council has had a long-term concern for industrial uses that have extensive outdoor activities such as junkyards, trucking terminals, rock crushing operations, � canstruction yards, etc. She stated that the proposed ordinance would establish a moratorium on new development of their uses and the issuance of special use permits for outdoor storage of equipment and material. She stated that the purpose of a moratorium is so that staff can conduct a zoning study of the extent and impact of outdoor intensive uses that are now located within the City of Fridley. She stated that the study is intended to determine whether the City should create a separate zoninq district for these types of uses. She stated that by creating the zoning district, the property owner would have to file a zoning application instead of a special use permit application. � Ms. Dacy stated that acoording to the ordinance, the Planning Commission must consider an ordinance amendment within sixty days of the date of adoption of the interim ordinance. She stated that they hope to have a first draft of an M-3 industrial district at a Planning Commission meeting in November. She stated that this interim ordinance requires a four-fifths vote by Council. MoTION by Councilman Schneider to waive the reading and approve the interim ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF BEPTEMBER 9. 1991 PAGE 7 ' 3. 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 #91-011 BY MARK KVALHEIM OF BAILEY ENTERPRISES: Ms. Dacy stated that the rezoning request is £or an office building located north of Mississippi Street and west of Holly Shopping Center. She stated that the property is zoned R-3, Multiple Family Dwelling. She stated that at the time the building was constructed in the late 1950's, an office use was a speoial use and/or a permitted use in that zoning district. Ms. Dacy stated that the proposal is to rezone the east half of that building from R-3, Multiple Family Dwelling, to C-2, General Business. She stated that the intent of the rezoning is to allow the location of a children's consignment shop in the lower portion of the eastern half of the building. She stated that the Planning Commission recommended approval of the rezoning on a 3-2 vote with the condition that the petitioner obtain a cross parking easement for nine spaces for use in the Holly Shopping Center. She stated that staff had recommended denial based on the fact that the lot, as platted, does not meet the C-2 lot and structure requirements. Ms. Dacy stated that Council conducted a public hearing on � August 26, 1991. She stated that she did not know the status of whether or not the petitioner has been able to obtain the cross parking easement with Holly 5hopping Center. Councilman Fitzpatrick stated that the children's consignment shop is not a proper use in the R-3 2oning, and he did not think they should redraw the lines to aacommodate a particular business. He stated that they would be degrading the property without adequate parking, and they would be encroaching into the residential neighborhood by bringing in a different zone. � MOTION by Councilman Fitzpatrick to deny the ordinance for first readinq. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE THE MZNUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 21. 1491• MOTION by Councilwoman Sorgenson to receive the minutes. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. J FRIDLEY CITY CQUNCIL MEETING OF SEPTEMHER 4. 1441 PAGE 8 � 5. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF AUGUST 6, 1991: A. VARIANCE REOUEST. VAR #91-21, BY ANNA WICHERN. TO ALLOW THE EXISTENCE OF A 3.97 SQUARE FOOT FREE-STANDING DAYCARE SIGN ON LOT 9, BLOCK 2, SANDHURST ADDITION, THE SAME BEING 6880 EAST RIVER ROAD: Ms. Dacy stated that the property is located on the west side of East River Road, just south of the Lockeslea Girl Scout Camp. She stated that the variance is to locate a free-standing sign in the R-1, Single Family District and also for a four foot square sign. She stated that existing on the property is a single family home, and the owner of the property operates a daycare operation. She stated that the sign has been in place for about three and one-half years. She stated that the sign was brought to the City's attention via complaints about signage along East River Road. Ms. Dacy stated that on August 6, 1991, the Appeals Commission recommended approval of the variance with one stipulation: (1.) The property owner shall submit a drainage and utility easement to the City in order to complete a sanitary sewer improvement to the facility when Anoka County completes the East River Road widening project. � MOTION by Counailman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant variance request, VAR #91-21, with the following stipulation: (1) The property owner shall submit a drainage and utility easement to the City in order to complete a sanitary sewer improvement to the facility when Anoka County completes the East River Road widening project. Councilwoman Jorgenson stated that the petitioner had requested her to talk to John Flora in order to get the sewer hooked up to this particular facility. She stated that the issue has been addressed at least three times in the last two years. She stated that she wanted to note for the record that the petitioner actually instigated getting the sewer hooked up. Mr. Herrick stated that he did not have a particular problem with the sign, but he did think that the oomment made by sta££ that granting a variance for a sign in a residential district could set a precedent may have to be dealt with by Council in the future if and when other people make similar requests. He stated that it may be difficult to deny similar requests in the future. Councilman Fitzpatrick stated that Council has to deal with each request separately. � Councilman Billings asked which hardship as outlined in Minnesota State Statues is applicable to this piece of property that gives Council the authority to grant the variance. � FRIDLEY CITY COUNCIL MSETING OF 88PTEMBER 9, 1991 PAGE 9 � Councilwoman Jorgenson stated that she believed they could address the hardship as being the irregularity of the lot and the fact that the house is placed considerably back from East River Road. She stated that if the petitioner reduced the sign to 3 feet by 3 feet and put it on the house, the sign would be illegible to people driving by at 45 m.p.h. Councilman Billings asked if the sign could be put on the garage. Councilwoman Jorgenson stated that the garage is set even further back than the house, and there are some very large trees on the boulevard that shelter a portion of the garage. Mayor Nee stated that he drives by this area a lot, and he has never even noticed the sign. He stated that if the sign has been there for three years it is not doing what it is supposed to be doing. Seconded by Councilman Schneider. Upon a voice vote, Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, and Councilman Fitzpatrick voting aye, Councilman Billings voting nay, Mayor Nee declared the motion carried on a 4 to 1 vote. 6. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF � AUGVST 20. 1991: A. VARIANCE REQUEST, VAR #91-22, BY JENNIFER AND RONALD PRASEK, TO REDUCE THE REAR YARD SETBACK FROM 28 FEET TO 18 FEET, TO ALLOW THE CONSTRUCTION OF A TAREE-SEASON PORCA ADDITION ON LOT 25, BLOCK 2, HARRIS LAKE ESTATES. THE SAME BEING 1681 CAMELOT LANE N.E.: Ms. Dacy stated that the property is zoned R-1, Single Family Dwelling. She stated that the property is located at the end of the cul-de-sac on Camelot Lane just south of Harris Pond. She stated that the variance request is to reduoe the rear yard setback from 28 feet to 18 feet to allow the construction of a three season porch. She stated that staff had recommended denial of the request; however, the Appeals Commission recommended approval with one stipulation: (1.) No construction shall occur within the 15 foot drainage and utility easement located parallel to the north lot line. Ms. Dacy stated that the hardship addressed by the Appeals Commission was that this is a unique situation in that the property abuts Harris Pond to the rear; therefore, it would not overcrowd the neighborhood. MOTION by Councilman Schneider to concur with the recommendation � of the Appeals Commission and grant variance request, VAR #91-22, with the followinq stipulation: (1) No construction shall occur FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 1991 PAGE 10 � within the 15 foot drainage and utility easement located parallel to the north lot line. Councilman Billings asked what hardship in Minnesota State Statutes is applicable to this piece of property that gives Council the authority to grant the variance. Councilman Schneider stated that the hardship is stated in staff's report on agenda page 6.4: "While the subject lot is shorter than adjacent properties due to its location on a cul-de-sac, the design of the home is such that the living area is set back farther than the garage area." He stated that the lot is unique also in that it abuts Harris Pond. Councilman Billings stated that as he understands Minnesota State Statutes, the hardship has to be something that is a unique quality of the lot, not something that the property owner has willfully done in order to create a situation that is different from others. He stated that he would request an opinion from the City Attorney as to whether or not granting this variance would meet the intent of Minnesota State Statues. Mr. Herrick stated that Councilman Billings correctly paraphrased the statute. He stated that there has to be something unique about � the property and that the property owner did not create the problem. He stated that that is the law. He stated that Council are the judges as to whether this situation meets that requirement of the law. He questioned if the situation as described in the agenda and illustrated on the map is a situation where there is a hardship created by the nature of the property and not by the property owner. Seconded by Councilman Fitzpatrick. Upon a voice vote, Mayor Nee, Councilman Schneider, Councilwoman Jorgenson, and Councilman Fitzpatrick voting aye, Chairman Sillings voting nay, Mayor Nee declared the motion carried on a vote of 4 to 1. B. VARIANCE REQUEST. VAR #91-23, BY WARREN AND GERRY STOCK, TO INCREASE THE MAXIMUM ALLOWABLE LOT COVERAGE FROM 25 PERCENT TO 26 PERCENT TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOTS 3 AND 4, BLOCK 11, SPRING BROOK PARK, THE SAME BEING 289 LIBERTY STREET N.E. Ms. Dacy stated that the original variance request was to increase the maximum allowable lot coverage from 25 percent to 28.3 percent. 5he stated that at the Appeals Commission meeting the petitioner presented a plan to construct a 12 feet by 2o feet addition to the existing house. She stated that the Appeals Commission recommended denial of that request on a 2 to 1 vote, and the petitioner then � reduced his request to a 10 feet by 20 feet addition, reducing the lot coverage from 28.3 percent to 26 percent. FRSDLEY CITY COUNCIL MEETING OF BEPTEMBER 9, 1991 PAGE 11 ' Ms. Dacy stated that the dimensions of the lot are 60 feet by 144 feet. She stated that there is a 12 foot unimproved alley behind the property. She stated that the petitioner wanted staff to point out that if the alley was vacated, it would add 6 feet of depth to his property for a 150 foot deep lot, which would bring the lot area to 9,DOD square feet and would equal the 25 percent lot coverage. Councilman Fitzpatrick stated triat it seemed to him that if it is an unimproved alley it remains only an easement, and an easement on a property doesn't subtract from the area. Mr. Herrick stated that in looking at the Springbrook plat, he believed this is an alley that was created as part of the plat. He stated it is correct that if the alley was vacated there would not be any requirement for a variance; however, until the alley is vacated there is a requirement for a variance. Councilman Fitzpatrick stated that the application is for a variance. He stated that he visited the site and, with the alley there, it gives the appearance of more space, but he did not get the feeling that the lot was overcrowded. He stated that this variance is for lot coverage and there are no setback problems. � MOTION by Councilman Fitzpatrick to grant variance request, VAR #91-23. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. VARIANCE REQUEST, VAR #91-24, BY PATRICK HAYES OF HARDEE'S RESTAURANT, TO REDUCE THE HEIGHT OF THE REOUIRED SCREENING ADJACENT TO A RESIDENTIAL DISTRICT FROM 6 FEET TO 3 FEET, ON THE EAST 20 FEET OF LOT 7. LOTS 8 THROUGH 12. AND THE WE5T 25 FEET OF LOT 13, BLOCK 7. CITY VIEW ADDITION, THE SAME SEING 289 - 57TH AVENUE N.E.: Ms. Dacy stated that this property is located in the northwest corner of 57th Avenue and University Avenue. She stated that the property is literally surrounded by four streets. She stated that to the east is University Avenue, to the south is 57th Avenue, to the west is 3rd Street, and to north is 57th Place. She stated that to the north of the property are two single family homes. She stated that the Hardee�s Restaurant property is zoned C-2, General Business, with R-1, Single Family Dwelling, to the north. Ms. Dacy stated that when the building was originally constructed and ocaupied as Country Kitchen in 1969 the screening fence along the north 1ot line was a point of controversy. She stated that in 1970 there was a request £rom the neighborhood that a 6 foot � screening fence be constructed along the north property line. She stated that at the time of Council action, a 3 foot fence was constructed along the north property line. She stated that FRIDLEY CITY COUNCIL MEETING OF 88PTEMBER 9, 1991 PAGE 12 � apparently it was the policy of the Council at that time not to require a fence in excess of 3 feet high on the street side of a commercial property. Ms. Dacy stated that in 1989 the wooden fence that was constructed and maintained through the years was removed by Hardee's. She stated that apparently, on several occasions the Community Development Department staff received telephone calls from Hardee's management requesting information as to whether or not a landscaping screen could be installed in place of the fence. She stated that it is her understanding that staff advised Hardee's to submit a landscaping plan, because there was a screening requirement between commercial property and single family property; however, a landscaping plan has never been submitted or approved prior to removal of the fence or the installation of the landscaping that is there now. Ms. Dacy stated that Hardee's management installed 25 two-and-a- half foot high arborvitae shrubs spaced approximately 4 feet on center just south of the existing l0, 20, and 3D foot tall elms along the north property line. She stated that the City's interpretation is that since the fence was removed the current ordinance stipulates a 6 foot planting screen or 6 foot fence between commercially zoned property and residentially zoned � property. Ms. Dacy stated that staff recommended denial of the variance to the 6 foot screening requirement with one stipulation: (1.) Installation of a 6 foot high screening fence or vegetation of 4 feet in height and planted 2 feet on center shall be completed by November 1, 1991. Ms. Dacy stated that the Appeals Commission concurred with staff's recommendation but deleted the recommended stipulation. Ms. Dacy stated that Steven Barq, Code Enforcement Officer, has been closely involved with this variance request since the beginning of June, 1991. She stated that she would like him to briefly review the steps that led up to the variance application. Mr. Barg stated that he was contacted by a complainant on June 3, 1991, regarding the Hardee�s site. He stated that the complainant indicated that the fence that had acted as a screening had been taken down, and the caller was requesting information as to what screening Hardee's is required to provide. Mr. Barg stated that he then inspected the site and found that all that remained were a few shrubs. He stated that he then sent a letter of noncompliance to Hardee�s which received no response. He stated that after sending the second letter later in June requesting that � Hardee's either construct a 6 foot fence or submit a landscaping plan to the City to meet the landscaping requirement, he was contacted by Patrick Hayes of Aardee's. Ae stated that he reviewed FRIDLEY CITY COONCIL MEETINd OF SEPTEMBER 9. 1991 PAGE 13 1 with Mr. Hayes the landscaping requirements, and sent him a copy. He stated that he met with Mr. Hayes to discuss the requirements and after that time Hardee's installed the two-and-a-half feet high arborvitae plants. He stated that it is Mr. Hayes' and Hardee's contention that the requirement they need to meet is the 3 foot requirement which was acceptable to Council in 1970. Mr. Barg stated that according to Hardee's, the fence was removed because of a maintenance problem. He stated that it is staff's opinion that since there was no provision made, the fence was removed, and after a period of time, has gone by that Hardee's should be required to meet the current code. He stated that he did cite Hardee's, and they subsequently filed a variance application. Mr. David Harvet stated that his mother lives just to the north of Hardee's Restaurant and is most directly affected by this screening. Ae stated that the onqoing problem is traffic going through the yards. He stated that by ongoing, he means people coming from the Fiardee's Restaurant and people coming from the bus line. He stated that since the screening fence was removed there have been thinqs stolen and broken from the residential homes. He stated that there are problems with the clientele from the Cattle Company on Friday and Saturday nights. � Mr. Harvet stated that regarding the fact that Hardee�s wants to meet the same ordinance as required in 1969, at that time Country Kitchen never had a drive-through and Hardee�s does. He stated that the drive-through draws people to the residential side of the property. He stated that with the planting of trees or shrubs for landscaping, the ordinance talks about planting 6 foot trees or 80 percent of the full growth. He stated that by planting trees that close together and that tall, he believed the roots might eventually obstruct the street and the sewer system. Mr. Bert Waller, District Manager for Hardee's Restaurant, stated that Patrick Hayes could not be at the meeting. He stated he can understand that the neighbors want some kind of screening between the restaurant and the single family homes. He stated that it is also desired by Hardee's. He questioned whether it is a problem with Hardee's or with the Cattle Company as far as people going through the yards. He stated that Hardee's cannot be responsible for the actions of customers from other businesses. Mr. Waller stated that they have planted 25 shrubs 2 feet high. He asked what the measurement is for screening--at street grade or at Hardee's grade? He stated that the old fence was built on street grade and the shrubs do provide 4 foot screening from that level. � MOTION by Councilman Fitzpatrick to concur with the action taken by the Appeals Commission and deny variance reguest VAR #91-24. � ' , FRIDLEY CITY COUNCIL MEETING OF SEPTEMHER 9, 1991 PAGE 14 � Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. VARIANCE REOUEST. VAR #91-25, BY THEODORE WILLIAM INVESTMENTS TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 35 FEET TO 20 FEET: TO ALLOW A LAADING DOCK IN THE FRONT YARD; TO ALiAW THE CONSTRUCTION OF A LOADING DOCK PLATFORM ON LOTS 16, 17, 18, AND 19. BLOCK 2. ONAWAY ADDITION. THE SAME BEING 7879 BEECH STREET N.E.: Ms. Dacy stated that the property is located in the southeast corner of Beech Street and 79th Avenue. The property is zoned M-2, Heavy Industrial, as are all the surrounding properties. She stated that the building is the former site of Pappy's Foods. She stated that the building was permitted in the 197D's with overhead doors along the western side of the building. She stated that the parking lot is located to the north of the building, and there is an alley between the rear of the building and the lot to the east. Ms. Dacy stated that the proposal is to construct a loading dock area for the southernmost door of the building. She stated that essentially, the loading dock area will slope down into the ground to be approximately 18 inches below street grade. She stated that dock height will be 4 feet high from the bottom to the top. � Ms. Dacy stated that at this time when trucks back into the building using the existing driveways, the cab of a semi-truck will block the northbound lane of Beech Street. She stated that the advantage to this dock design is that the trucks have to back up at an angle and, therefore, a majority of the truck is on the property, rather than blocking the northbound lane. �J Ms. Dacy stated that in this case, staff believes the ordinance is imposing the hardship. She stated that in evaluating the variance request staff likened it to an unenclosed deck of a single family home which is permitted into the front yard by a specified number of feet. She stated that there is really no structure per se that will be in the front yard. Ms. Dacy stated that the redesign of the loading area will enable reasonable use of the building and take advantage of an existing condition which was permitted by the City in 1972. She stated that for these reasons, staff recommended approval of the two variances: (1) to allow the loading dock in the front yard; and (2) to reduce the front yard setback from 35 feet to 20 feet, subject to the following stipulation: (1.) The proposed earth berm shall be a minimum of 2 feet high, and the petitioner shall plant Black Hills Spruce in place of the proposed Mint Julep Junipers in the south planting bed. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9. 1991 PAGE 15 ' Ms. Dacy stated that the Appeals Commission concurred with staff's recommendation that the intent of the screening area is to maintain the 6 feet screening requirement. Mayor Nee asked if the surface elevation of the lot was the same as the elevation of the floor of the building. Mr. Robert Lunde, one of the partners with Theodore William Investments, stated that the loading dock platform is the same level as the floor of the interior of the building. MOTION by Councilman Billings to concur with the recommendation oE the Appeals Commission and grant Variance Request, VAR #91-25, by Theodore William Investments with the following stipulation: (1) The proposed earth berm shall be a minimum of 2 feet high, and the petitioner shall plant Black Hills Spruce in place of the proposed Mint Julep Junipers in the south planting bed. Councilman Billings stated that staff has adequately addressed the fact that they believe the ordinance is what is creating the hardship. He stated that the property owner did not create the hardship. Mayor Nee stated that the building is designed for trucks to back � in. He stated that he is not opposed to the variance, but there are quite a few businesses that have dug out an area and backed the trucks up to the building. Councilman Billings stated that if an area was merely dug out and the trucks have to back in at a right angle, the trucks would be blocking quite a bit of Beech Street. He stated that this is a responsible property owner who is trying not to violate the laws of the City of Fridley. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. NUISANCE ABATEMENT AT 64TH AND ASHTON AVENUE: Mr. Sarg stated this item is on the agenda for Council to consider a nuisance abatement at the northeast corner of 64th Avenue and Ashton Avenue, Lots 13-16, Block 13, Fridley Park. Mr. Barg stated that these four vacant lots have been owned by Anna Marie Huston for a long period of time. He stated that according to information he has gathered the lots were being mowed by the City on a yearly basis. He stated that it is unclear whether or not the ongoing maintenance at this site was the result of complaints. He stated that apparently, as time went on, and for � whatever reason, these lots were not mowed for a period of years. He stated that as a result, a very large number of small trees have grown on the site. He stated that concerns have been expressed by FRIDLEY CITY COUNCIL MEETING OF SEPTEMSER 9, 1991 PAGE 16 � neighbors that they feel this site has become a nuisance for a variety of reasons. He stated that the neighbors believe the property is being used as a"hangout" for parties. He stated that the railroad is right there, and there is the concern of people getting off the railroad cars and partying and living on the site. He stated that they feel the trees have shielded activity that has created illeqal dumping, noise, and a general hazard to the neighborhood. Mr. Barg stated that there are four basic points in considering this property for a public nuisance abatement: (1.) Removal of debris/brush on the site. There are areas of materials, papers, old chairs, an area that appears to be used for sleeping quarters, and piles of brush; (2.) A treehouse that was apparently constructed by some area children. The treehouse appears to be in a fairly substantial state of disrepair; (3.) Removal of trees and grass on the site. In July, he sent the property owner a weed notice. upon failure to respond, the City did cut the boulevard. It is one of the contentions of the area residents that by just cutting the boulevard, they are not taking care of the site. Public Works Department has informed him that to do any more on the site would be extremely difficult because of the amount of trees on the site; (4.) Removal of small trees on the site. It is a heavily forested site. There are some large trees; however, there � are also a large number of trees two inches or less in diameter covering this property. Mr. Barg stated that a number of neighbors contend that even if the City removed all the debris, cut the grass/weeds, and removed the treehouse, but left the small trees, the City would not have really addressed the problem or the public nuisance, because the people who use these lots as a hangout, home, and dumping ground would continue to have screening from the right-of-way. Mr. Barg stated that some residents who are in favor of full abatement that includes removal of the small trees have contacted him. He stated that he reoeived a letter from a resident on 64th Way that day who "did not believe that nature should be taken away by cutting trees and clearing this corner." He stated that the letter-writer stated that this was a nice nature area, not really harming anyone, and the small trees are not the problem. He stated that he received another telephone call from a neighbor who also expressed opposition to total abatement. Mr. Barg stated that the question before Council is whether or not to declare this a public nuisance. He stated that in City Code 110 which deiines a public nuisance, the only two conditions which could apply are: (1) Maintaining or permitting a condition which unreasonably annoys, injures, or endangers safety, health, and � comfort of inembers of the public, and (2) Accumulating in the open a variety of materials... � �.,s FRIDLEY CITY COUNCIL MEETING OF SEPTEMSER 9 1991 PAGE 17 ' Mr. Barg stated that he has been in contact with the property owner, Anna Marie Huston, who lives in Minneapolis. He stated that she is aware the property is causing the neighborhood some problems. He stated that she would like to correct the problem but does not know how to go about it. He stated that he had informed Ms. Huston that if she had not contacted him prior to the Council meeting with a timetable £or completion o£ the work by her, he would recommend the Council authorize abatement. He stated that Ms. Huston told him that she would be unable to attend the Council meeting and that she would contact him before the meeting if she wanted to proceed on her own. Ae stated that he has not heard from Ms. Huston since that conversation. Mr. Barg stated that staff is recommending that Council authorize abatement of this public nuisance in accordance with City Code 110. He stated that it is up to Council to determine the extent of what is to be considered the nuisance at this time. MOTION by Councilwoman Jorgenson to receive a letter from a resident on 64th Way dated September 9, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Arnie Lundgren stated that he lives right across the street � from the property and has lived there for forty years. He stated that he has watched the trees grow, listened to the pheasants and watched the deer. He stated that a couple of years ago there was a problem with youth on the property and that they built the treehouse. He stated that he is home 24 hours a day, and he watches the property. He stated that this year there has not been a thing going on over there. He stated that he agreed the property needs some cleaning up to make it look good. He stated that he likes to look across the street at this property and feels like he is not in the City, but that he is out in the country up north. He stated that he is in favor of leaving the property as it is. Ms. Kara Nevin, 40 - 63 1/2 Way, stated that she is speaking on behalf of quite a few of the residents that are complaining about this property. She stated that £or this entire summer they have been plagued by prowlinq, by a lot of vaqrancy type issues, both because of the railroad and the fact that people can disappear into this overcrowded wooded property. She stated that she realizes the property is nice for animals, but it is also a nice area for vagrancy and crime. She stated that on numerous occasions, both during the day and the evening, she has seen cars coming out of the alley. She stated that the neighbors have even expressed a willingness to try go get something done on their own. She stated that in the last six weeks the polioe have been called to the area more than twenty different times due to prowling and other � incidences. She stated that the neighbors are really requesting that the City try to alleviate some of the prowling and some of the criminal activity that is happening in this neighborhood. She � FRIDLEY CITY COUNCIL MBETING OF SEPTEMBER 9, 1991 PAGE 18 stated that the problem has greatly increased from last summer to this summer. She stated that elderly people in the neighborhood are very scared. Councilman Fitzpatrick stated that as a matter of usual practice, these kinds of problems usually begin with a petition, which gives the Council an idea of the support or lack of support from the neighborhood. Mayor Nee stated he agreed, but he has walked through the property, and he knows what Ms. Nevin is talking about. He stated that he received a number of phone calls about the property this summer. He asked Mr. Barg if there are any police reports on calls to this property. Mr. Barg stated that he is not aware of any police reports. Mayor Nee stated that there are some very fine trees on the property, but there are also a lot of weed trees that obscure the vision and air through the property. He stated that he would not want to completely clean out the trees. Councilwoman Jorgenson stated that she would like to know what the cost would be to the property owner for abatement of the property � and what steps are going to be taken to assure them that the same thing will not have to be done aqain on this property. She stated that there are also a number of other properties in the City that are in the same condition. She stated that if a property is not mowed or maintained, nature claims its own. She stated that she did not necessarily think that removing all the small trees wold take care of the problem. She stated that granted, they do not want peogle dumping garbage and building unsafe treehouses, but there is a place for nature within the community as well. � Mr. Jerry Unglaub, 6425 Ashton Avenue, stated that he lives right next door to the property. He stated that he has lived there for nine years, and during that time, he has seen only two vagrants. He stated that a couple of years ago some kids built the treehouse and were using it for runways but that is not happening anymore. He stated that as far as the trees, it is nioe having trees next door. He stated that this year he had two deer feeding in his back yard, and there are pheasants. He stated that if the City wanted to clean about 50 feet baak from the street, that would be alright. He stated that as Mr. Barg stated, there is a lot of junk and debris on the property. He stated that he has been trimming along the alley, that periodically he cleans and picks up debris and cans, and the partying is not as bad as it used to be. He stated that he likes the trees because they provide a nice buffer between him and the railroad property, and they help keep the noise level down. � , � FRIDLEY CITY COUNCIL MEETING OF SEPTEMHER 9, 1991 PAGE 19 ' Counailman Fitzpatrick stated that since he became aware of this area, which has not been long, he has heard statements almost exclusively to leave the property alone. He stated that this property is within his ward, and he was not in favor of making any motion without a greater demonstration of the neighborhood's wish for it. He state that it usually comes in the form of a petition. Councilwoman Jorgenson asked if they can table this item until the next meeting and ask for a police report. MoTION by Councilman Fitzpatrick to table further discussion on the nuisance abatement at 64th and Ashton Avenue in order to obtain a copy of any police reports for this area. Councilman Billings stated that if Council authorizes a nuisance abatement to just pick up the debris and take down the treehouse but not cut down any trees, would this work be done by the Public Works Department, or would the work be contracted out? Mr. Flora stated that work would probably be done by the Public Works Department. He stated that if the nuisance abatement involves a more major effort, he would suggest they contract the work so the Public Works Department can continue its regular activities. � Councilman Billings stated he would like to request that in addition to the police report, the Public Works Department submit a report on what work they would be willing to do and the approximate cost and, if not, to secure an estimate for contracting the work out. He stated that he would just like a more experienced opinion so that Council has a better idea of what work and costs they are dealinq with. Mayor Nee agreed. He stated that no further motion is necessary. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. REOUEST FOR WAIVER OF TEMPORARY SIGN PERMIT FEE AND DEPOSIT FOR THE KNIGHTS OF COLUMBUS HALL: MOTION by Councilwoman Jorgenson to waive the temporary sign permit fee and deposit for the Knights of Columbus Hall. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE BIDS AND AWARD CONTRACT FOR SPRINGBROOK NATURE CENTER LANDSCAPING PROJECT: � MOTION by Councilwoman Jorgenson to receive the bids for the Springbrook Nature Center landscaping project. Seconded by � � � FRIDLEY CITY COUNCIL MEETING OF BEPTEMBER 9, 1991 PAGE 2D Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Kirk stated that the bids were opened on August 29, 1991 for the landscaping and entrance area project. He stated that they received two bids. He stated that the low bidder for the project was Dundee Nursery with a base bid of $21,549.32. He stated that this project includes completion of the previously scheduled irrigation system, landscaping around the new parking lot and entrance area, and new trees as the final part of the tornado restoration. He stated staff recommends that Council accept all bids on the project and award the bid to Dundee Nursery. MOTION by Councilman Fitzpatrick to accept the bid and award the bid to Dundee Nursery for $21,549.32 for the Springbrook Nature Center landscaping project. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. MOTION TO APPOINT GORDON SANG5TER TO THE FRIDLEY SENIOR CITIZENS' CENTER TASK FORCE: MOTION by Councilman Fitzpatrick to appoint Gordon Sangster to the Fridley Senior Citizens' Center Task Force. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 70-1991 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, GRANT MANAGEMEI^IT FUND, HRA REIMBURSEMENT FUND, CAPITAL IMPROVEMENT FUND. AND THE MUNICIPAL CENTER REMODELING FUND F012 THE YEAR 1990: MOTION by Councilman Schneider to adopt Resolution No. 70-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 71-1991 AUTHORIZING CHANGES IN APPROPRIATIONS FOR TAE GENERAL FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR 1991: MOTION by Counailman Schneider to adopt Resolution No. 71-1991. Seconded by Councilman Billings. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. '72-1991 DIRECTING PREPARATION OF ASSE5SMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. STREET 1990-3: MOTION by Counailman Billings to adopt Resolution No Seconded by Councilwoman Jorgenson. Upon a voice vote, aye, Mayor Nee declared the motion carried unanimously. ,-r . 72-1991. all voting � � � FRIDLEY CITY COUNCIL MEETING OF BEPTEMHER 9, 1991 PAGE 21 14. RESOLUTION NO. 73-1991 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR THE STREET IMPROVEMENT PROSECT NO. STREET 1990-3: MOTION by Councilwoman Jorgenson to adopt Resolution No. 73-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 74-1991 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR WATER. SANITARY SEWER & STORM SEWER PROJECT NO. 210: MOTION by Councilman Fitzpatrick to adopt Resolution No. 74-1991. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 75-1991 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR WATER. SANITARY SEWER, AND STORM WATER PROJECT NO. 210: MOTION by Councilman Schneider to adopt Resolution No. 75-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 76-1991 DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR TREATMENT AND REMOVAL OF TREES 1991: MOTION by Councilwoman Jorgenson to adopt Resolution No. 76-1991. Seconded by Councilman Schneider. Upon a voice vote, all votittg aye, Mayor Nee declared the motion oarried unanimously. 18. RESOLUTION NO. 77-1991 DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE TREATMENT AND REMOVAL OF TREES 1991: MOTION by Councilman Schneider to adopt Resolution No. 76-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. MOTION TO APPROVE LETTER TO RICE CREEK WATERSHED DISTRICT MANAGERS• Mr. Flora stated that the City received a preliminary plan from the Rice Creek Watershed District regarding the concept of "dredging the dam" and removing the sedimentation from Locke Lake and also constructing a sedimentation basin upstream o£ Locke Lake. He stated that the Locke Lake Advisory Committee also held a meeting with the respeotive parties on September 4, 1991, regarding the report. He state that as a result of the comments and meeting notes, there were three major items to be dealt with which were presented to the Rice Creek Watershed District Managers on Wednesday, September 11, 1991. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9. 1941 PAGE 22 Mr. Flora stated that the first was the question about the quality of the sedimentation in the Locke Lake basin. He stated that in the study it was determined that there could be some heavy metals and contamination in the sedimentation; and, therefore, they could be experiencing some exceptional costs in the dredging operation of the lake. He stated he would propose that in order to lay that issue to rest the City will take some soil borings of the sedimentation to determine the quality of the sedimentation. He stated that there is money available in the Storm Water Contingency, and he believed $5,000 would satisfy that issue. Mr. Flora stated that the study only gave the City one option for the dam, a concrete "U" type dam structure. He stated that the question was asked, is there another dam that oould be constructed at lesser a cost. He stated that he would ask the RCWD Managers to ask their consultant for another alternative. Mr. Flora stated that the study focuses on the Chapter 112 concept of funding the project. He stated staff felt that the new legislation allows them establishment of special districts, allows Ad Valorem taxes, and also allows the ability to collect money over a period of years to pay for a project. He stated that we urge the Managers to incorporate that concept into the total project development. Mr. Flora stated that he has prepared a letter to the RCWD Managers; and, with Council approval, he will present it to the Managers at their September 11 meeting. Mr. Flora stated that the whole project will cost approximately $3 million--approximately $SO0,D00 for the dam, approximately $1.7 million for the sedimentation removal, and approximately $500,000 for the detention basin. Councilwoman Jorgenson stated that the dam is becoming more and more of a hazard. She stated that the recent heavy rains compounded the problem more. She asked if the City had any plans at this time to remove any of the concrete or to try to stabilize the shoreline. Mr. Flora stated that they are attempting to keep the main channel open. He stated that when the dam was constructed, essentially there were two concrete tubes. They have been attempting to keep those tubes open so the water can continue to flow through them and not undermine and destroy the adjoining properties. He stated that a tree fell down and blocked some of the flow, but they have removed that. Mr. Flora stated that as far as the properties in and around the lake, some of them are experiencing additional erosion because of the wet summer. He stated that the City has not done anything r� , FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9 1941 PAGE 23 � about that, because a lot of that will be predicated upon the final design of the lake. Ms. Mary Vasecka, 6909 Hickory Drive, stated that the Homeowners' Assooiation strongly supports the action that John Flora, Public Works Director; William Burns, City Manager; the City Council; and City staff inembers have taken; and they hope the City will continue to do so on behalf of the Locke Lake homeowners and City of Fridley residents. She stated that they also suggest from experience in the past that legal counsel also attend the Rice Creek Watershed District Managers' meeting with John Flora. Ms. Vasecka stated that as far as the present condition of the lake, about a month ago she had asked the question about weed control, especially Purple Loose Strife. She asked if the Public Works Department decided what they will do with that. Mr. Flora stated that they dealt with Purple Loose Strife on the southeast portion of the lake. He stated that they do not have the capability to deal with the material growing in the basin. He stated that, hopefully, during the dredging process the weeds can be taken care of. Ms. Vasecka stated that because the City owns a majority of that ' basin property, aren't there some requirements that need to be addressed because this is a contaminant weed? She stated that they cannot wait another two years to take care of the problem. Ms. Vasecka stated that because they really do not know how long this project is going to take, she would hate to see the overgrowth become a real problem. She asked if they do not keep the weeds and undergrowth under control now, will that add to the cost of the dredging in two years? Ms. Vasecka stated that the homeowners are more than willing to do whatever they can, with equipment and guidance provided, to help the City maintain that as a clean area for the City. Mr. Flora stated that he believed they could handle the growth during the project. He stated that they will probably go in with some bulldozers and scrapers to pick up a large amount of dirt at one time, and they are looking at a winter operation when the ground is frozen. Ms. Vasecka stated that the homeowners are very concerned about the timeliness of the project and equally concerned about the property damage that is presently occurring. She stated that almost all the new embankment that Mr. Silverstein installed is already gone. She stated that she envisioned soon that some of the � park might be affected. She asked if the Parks Department looked into this. She stated that everyone is anticipating that this will be a two-year project, but because of the erosion and the ., � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 1991 PAGE 24 � channeling there is already some significant damage aEter only one year. She also stated what the health threats are from the storm drains where the stagnant water sits. She stated that she did not know if the City has looked into any interim-type solution to what is occurring. She stated that she did not know from a legal aspect who is responsible for the damage that is occurring. Ms. Vasecka stated that she had submitted a letter to Council. She stated that Council may want to wait and address the questions in that letter at the September 30 meetinq. Ms. Vasecka asked if the City has considered bringing in the Army Corps of Engineers as a consultant on the project. Mr. Flora stated that, yes, JMM has been working directly with the Corps of Engineers, they have been involved in the last two meetings, and they have reviewed the preliminary design. He stated that the DNR dam inspector has also been involved in reviewing the plans. MOTION by Councilman Fitzpatrick to receive the letter from the Homeowners� Association and that tihe questions in the letter be addressed at the September 30, 1991, City Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting ' aye, Mayor Nee declared the motion carried unanimously. Mr. Jim Antell, 6501 Hickory Drive, stated that he wanted to reiterate what Ms. Vasecka said, and that is that the homeowners thank Council for all the help they have given them to get the dam back. MOTION by Councilwoman Jorgenson to approve the appropriation of $5,000 from the Storm Water Contingency to hire a consultant to conduct soil borings at Locke Lake. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to concur with the letter proposed by John Flora to be submitted to the Rice Creek Watershed District Managers on September 11, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson asked when they can expect to see the results of the soil investigation. Mr. Flora stated that he hoped to have that information in three to four weeks. � Councilman Billings asked that other than natural growth, is there other debris in the middle of the lake? If so, is the City going to clean that up? ' ,1 �� � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMHER 9, 1991 PAGE 25 Mr. Flora stated that there is some debris being exposed as the water erodes the sediment, and some debris is being washed in as high waters continue. He stated that the City has not taken any action as far as going out into the lake delta to piak anything up, He stated that the debris includes tires, metal, Yrames, etc. Mayor Nee stated that he believed Ms. Vasecka had asked if the City would sponsor a pickup day if the homeowners cleaned up the debris. Mr. Flora stated that was discussed several months ago, and if the debris was brought to the park area, the City would pick it up. Ms. Vasecka suggested that the homeowners could give the City access next to them for a dumpster for the debris. Mayor Nee asked Ms. Vasecka to put together a plan, and they can discuss it at the next meeting. 20. INFORM}1L STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 21. CLAIMS' MOTION by Councilman Schneider to authorize payment of Claim Nos. 39226 throuqh 39441. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. LICENSES: MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declaYed the motion carried unanimously. 23. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Allied Blacktop 10503 - 89th Avenue North Maple Grove, MN 55369 Street Improvement Project No. ST. 1991-10 (Sealcoat) FINAL ESTIMATE . . . . . . . . . . . . �� . . . . $10,691.63 � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9. 1991 PAGE 26 W. B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 6 . . . . . . Pitt-Des Moines, Inc. 1015 Tuttle Street Des Moines, IA 50304 $24,847.72 Construction of the 1.5 MG Elevated Water Reservoir Project No. 201 Partial Estimate . . . . . . . . . . . . . . . . $85,226.64 Rainbow,Inc. 7324 - 36th Minneapolis, Avenue North MN 55426 .5 MG Water Tank Painting/Altitude Valve and Vault Installation Project No. 212 Partial Estimate . . . . . . . . . . . . . . . . $35,387.50 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 9, 1991, adjourned at 9:50 p.m. Respectfully submitted, Lynne Saba Acting Secretary to the Council William J. Nee Mayor