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10/21/1991 - 00006269� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOHER 21, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:33 p.m. by Mayor Pro Tem Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT MEMBERS ABSENT: Mayor Pro Tem Schneider, Councilwoman Jorgenson, and Councilman Fitzpatrick Mayor Nee and Councilman Billings Mayor Pro Tem Schneider stated that Mayor Nee was taken ill and hospitalized due to complications from a respiratory infection. He stated that the Mayor is doing well and will be home in several days. Mayor Pro Tem Schneider stated that Councilman Sillings is out of town on business. APPROVAL OF MINUTE5: COUNCIL MEETING, OCTOBER 7, 1991: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilmatt Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. STATE LEGISLATIVE UPDATE: SENATOR DON FRANK• Senator pon Frank stated that one of the major issues in the legislature is the reapportionment of the legislative districts and city precincts and wards. He stated that in the last legislative session a bill was passed, and it was the intent of the Governor to veto it. He stated that because of a technicality, the bill was declared law by the courts. Senator Frank stated that both the Federal and State courts are involved in the reapportionment FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21, 1991 PAGE 2 � process. He stated the latest information is that the State court hopes to make their decision around January 20, 1992. Senator Frank stated that the legislature will be going into session in early January to try and clear up and update the obvious technicalities that were included in trie legislation passed last year. He stated that after the State courts decide what is constitutional, the Federal courts will review this reapportionment process. He stated his best guess is that this whole process will be completed at the earliest in April or May. Senator Frank stated that the political process begins in February or March at the caucuses and then the senatorial district conventions are held. He stated that it appears there will be two conventions this year, one will be convened on a regular basis at the current senatorial district conventions to endorse State-wide candidates, and then the new senatorial district convention will be convened to endorse legislative candidates. He stated that the reapportionment process is similar to what happened in 1982. Senator Frank stated that another issue is the Northwest Airlines finance package which seems to have abruptly terminated. He stated that he attended the Metropolitan Airports Commission meeting today, and the Chairman made the statement that as far as he was � concerned, all negotiations on Northwest Airlines' on MAC's part have ceased. He stated that there is great hope the process will be revived. Senator Frank stated there has been discussion that Minnesota should follow Iowa and allow on-water gambling casinos. He stated that the City of St. Paul is struggling with the issue of whether they should expand casino gambling. He stated that if St. Paul proceeds, he is sure the river cities in the State will probably follow suit. Senator Frank asked if Counoil had any questions he could address. Mayor Pro Tem Schneider asked Senator Frank what he envisions happening in the legislature in regard to Local State Aid to Cities and TIF Districts. Senator Frank stated he did not feel that TIF Districts would be an issue this year. He stated that in regard to state aid to cities, he has not seen the latest financial forecast, but he did not believe there would be any downqrading of State aid. Mr. Burns, City Manager, stated he had heard that perhaps the State Advisory Committee on Intergovernmental Relations, which discusses local government aid formulas, may not finish their work before the � leqislative session. He asked Senator Frank if he knew where this Committee stands. FRIDLEY CITY COIINCIL MEETING OF OCTOBER 21, 1991 PAGE 3 � Senator Frank stated that he did not know, but he could certainly check into this further. OPEN FORUM. VISITORS: MARK SCHWARTZ, 1372 64TH AVENUE N.E.: Mr. Schwartz stated that he lives in an area where there is a constant drainage problem. He stated that they have been plagued with standing water for most of the year. He stated that since this was not a problem previously, he felt it was due to the City lots that were leveled where they dump street sweepings. He stated that the lots were cleared, so there is more room for street sweepings to be dumped. Mr. Schwartz stated that there were also a lot of trees cut down, and about one hundred loads of dirt were dumped on Mr. Mochinski's property which faces Old Central. Mr. Schwartz stated that the City ordinance is very specific about destruction of trees on City property, and he would like to make sure no more trees are damaged on that property. He stated that the main concern is for the drainage in their area. Mr. Flora, Public Works Director, stated that this has been an extremely wet year. He stated that the City has been using the lot � on Rice Creek Road for street sweepings for over eight years. Mr. Flora stated that a number of years ago a proposal was submitted to install a storm drainage system on 64th Avenue, but residents did not want the improvement so it did no� proceed. He stated that until a storm drainage system is installed, there really is not any other method to properly drain the area. � Mayor Pro Tem Schneider asked if trees were removed from the City's site. Mr. Flora stated that some poplar trees may have been knocked down, but no significant tress were removed. Mayor Pro Tem Schneider stated that Council has had many work sessions regarding drainage in the City, and this is high on the list of priorities. He asked if some research could be done regarding what trees were removed and which ones come under the City's ordinance. Mr. Flora stated he would guess that when the City first cleared the site mostly small poplar trees were removed, and he doubted if there were trees greater thatt three inches in diameter. Ae stated that no oaks or elms were on the property. He stated that the placement of the street sweepings would not affect the drainage. 'i FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21, 1991 PAGE 4 � PUBLIC HEARINGS• 1. PUBLIC HEARING FOR AN AMENDMENT TO THE ZONING ORDINANCE TO CHANGE THE DEFINITION OF A KENNEL: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 7:58 p.m. Ms. Dacy, Community Development Director, stated that questions have been raised regarding the number of animals permitted to be kept in a single family home which has generated this proposed ordinance amendment. She stated that it is proposed to change the definition of a kennel to permit four or more dogs or cats or any combination of four or more dogs or cats at least six months of age. Ms. Dacy stated that the current definition of a kennel is three or more dogs or cats. She stated that in the last several years, the City has encountered several situations where single family homeowners own three or more dogs or cats, and the City has had to advise them that one of the dogs or cats must be removed from the � premises. She stated that most cities permit three dogs or cats or a combination of the two. Ms. Dacy stated that the Planning Commission considered this proposed ordinance amendment and unanimously recommended approval. She stated that a first reading of this ordinance would be scheduled in conjunction with the animal control ordinance. Mr. Peter Eisenzimmer, 6535 Oakley Drive, spoke in opposition to ihis amendment. He stated that the City does not need any more animals in the City, and he felt the number of animals to be kept in a single family residential area should be reduced. No other persons spoke regarding this proposed ordinance amendment. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. IIpon a voice vote, all voting aye, Maypr Pro Tem Schneider declared the public hearing closed at 8:0a p.m. , � FRIDLEY CITY GOIINCIL MEETING OF QCTOBER 21. 1991 PAGE 5 2. PUBLIC HEARING FOR A REZONING REOUEST, ZOA #91-02. BY THOMAS BRICKNER TO REZONE FROM C-1. LOCAL BUSINESS, AND C-2, GENERAL BUSINESS, TO R-3, GENERAL MULTIPLE DWELLING, ON LOT 2 AND THE SOUTHERLY 399 FEET OF LOT 3, AUDITOR'S SUBDIVISION NO. 88, TO ALLOW THE CONSTRUCTION OF AN APARTMENT BUILDING, GENERALLY LOCATED AT 6450 CENTRAL AVENUE N.E.: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:01 p.m. Ms. Dacy, Community Development Director, stated that the property in this rezoning is adjaoent to Old Central Avenue and consists of the vacant area south o£ Sandee's Restaurant. She stated that the property is currently zoned C-1 and C-2, and the request is to rezone to R-3 to allow the construction of a 48 unit, three story apartment building. She stated that the petitioner, Mr. Brickner, conducted neighborhood meetings and has agreed to file deed restrictions that there would be no outdoor sheds, or swimming pools, and restricting the number of people per unit. Ms. Dacy stated that in analyzing this rezoning request, three � tests must be evaluated; district intent, lot/structure requirements, and compatibility with adjacent uses and zoning. She stated that the rezoning meets the first two tests; however, there are several advantages and disadvantages to approving this request. She stated a disadvantage is that the rezoning would continue the mixed land use pattern that exists along the west side of Central Avenue, which includes the three developed properties of Sandee's, the Advance Companies, and the Ziebart facility. She stated that north of Mississippi Street the land use on the west is residential and then industrial north of Rice C�eek. Ms. Dacy stated that another disadvantage is the proposed rezoning would locate a higher density population near the M-1 zoning district. She stated that the proposed apartment building would be taller than any other buildings in the area. Ms. Dacy stated one o£ the advantages is that the site plan, as submitted, does meet all the requirements of the R-3 zoning district. She stated that the proposed use would generate less traffic than a commercial use. She stated that there is also the question if additional commercial development may occur and whether retaining the existing commercial zoning on both sides of the street is compatible with the residential area. Ms. Dacy stated that � rezoning with eight Commission voted 4 request. She stated City staff is recommending approval of the stipulations. She stated that the Planning to 2 to recommend denial of the rezoning that the Commission felt they did not agree 7 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21. 1991 PAGE 6 � with the proposed rezoning pattern, this rezoning would add to the mixture of land uses in the area, and the commercial zoning designation should remain. Mayor Pro Tem Schneider stated that one of the issues discussed at the Planning Commission was the deed restrictions and if they can legally be enforced. Ms. Dacy stated that staff is conducting research on this issue and will have a final answer prior to the first reading of the rezoning ordinance. Mr. Herrick, City Attorney, stated that he has not had an opportunity to conduct any detailed research; however, his preliminary opinion is that if the deed restrictions are contained in the protective covenants and not focused on age, sex, or race, but strictly on numbers, it probably is enforceable. Mr. Rick Brickner, representing the petitioner, asked if Council had received the letter from Tom Brickner. The Council stated that they had received this letter and made the following motion: � MOTION by Councilwoman Sorgenson to receive the letter from Mr. Tom Brickner dated October 17, 1991 pertaining to this rezoning. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Ms. Rebecca Trancheff, 1589 Briardale Road, stated that she is concerned that this apartment complex does not turn into another Springbrook complex. She stated that she knows there are a lot of problems at Springbrook Apartment complex and does not want this type of building in her neighborhood. Mr. Brickner stated that this apartment complex should not be compared with Springbrook. He stated that Tom Brickner's letter points out some of the items which Springbrook complex contains which this apartment complex will not have such as playgrounds and swimming pools. Mayor Pro Tem Schneider asked if there will be any type of government assistance in the financing of this apartment complex. Mr. Brickner stated that this project will be financed by their company, and they do not intend to sell it after all the tax breaks are gone. � Ms. LaVonne Kowski, 6391 Central Avenue, stated that she felt this was not the proper place for this apartment complex and was concerned about the density, traffic, and drainage. She felt that _ ' +, FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21. 1991 PAGE 7 � having more concrete would not help the drainage situation, and this matter should be resolved. She stated that since the fire station has been built next to her home, she has had water in her basement. She stated that the west side of Central Avenue is higher than the east side, and if the apartment complex is constructed there would be a problem with drainage. Mr. Brickner stated that all the drainage from the apartment complex would go to the west, and he did not think this would add or help the residents who live on the east side of Central Avenue. He stated that they would also have to submit a drainage plan for approval. Mayor Pro Tem Schneider stated that he agrees there are drainage problems, and he did not know how this development would affect this area. Mr. Brickner asked if that means that no development would ever occur on this site. Mayor Pro Tem Schneider stated he could not answer that question; however, he knows there are some developments by Mr. Brickner in the Rice Creek School area where there are problems with drainage. � Mr. Brickner stated that the holding ponds are designed to hold only so muoh water, and he does not believe it is the fault of the engineer who designed the retention ponds. Mr. Schwartz, 1372 64th Avenue, stated that he felt the petitioner had good intentions, but felt the apartment complex would be too high in comparison with other adjacent structures. Mayor Pro Tem Schneider asked Mr. Brickner if any other alternatives have been reviewed. Mr. Brickner stated that in order to make the plan work, they need a three story complex. Mr, Mark Mattison, 6421 Central Avenue, stated that he purchased his property because the zoning was commercial, and so that he would not have any fear of apartments across the street. Ms. Dacy stated that this issue is addressed in the debate on the long-term land use. She stated that Council will have to decide if they want to change the land uses. She stated that the commercial zoning on the properties in the area have existed since 1958. Mr. Tim Dess, 1510 Rice Creek Drive, felt that Council should � concur with the Planning Commission's recommendation and maintain the commercial zoninq. He stated that Mr. Brickner has done a lot FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21, 1991 PAGE 8 � for Fridley, but he does not think this is an appropriate site for an apartment building. Mayor Pro Tem asked what type of uses would be permitted on this site as it is now zoned. Ms. Dacy reviewed some of the uses permitted in a C-2 and C-1 zoning district. Mrs. Marge Brickner stated that, originally, they had plans to add on to Sandee's Restaurant and use this site for the expansion. She stated that, however, with the Moore Lake Commons development, they felt there was a need for an apartment complex for adults. She stated that there are enough apartments in the City, but not many are strictly for adults. She stated that they are presenting this rezoning with the hope it proceeds, but if it does not, they probably will look for another area. Ms. Jean Schwartz, 1372 64th Avenue, stated that she originally was not opposed to this rezoning, but she does have concerns about the parking being shared with Sandee's. She stated that she felt the parking would overflow to 64th Avenue on nights when Sandee's lot was full. She stated her main concern is that this would set a precedent for rezoning all the surrounding area. She stated that � she also felt the apartment complex would be too large and too high. Mayor Pro Tem Schneider asked about the shared parking arrangement with Sandee�s and if the rezoning was approved, if both the apartment complex and Sandee's would meet the minimum parking requirements. Ms. Dacy stated that both the apartment complex and Sandee's would meet the minimum parking requirements. She stated that she felt the issue is the peak hours, and the overflow of parking. Councilwoman Jorgenson stated that if the rezoning were approved, some of the parking at Sandee's would be in the easement right-of- way. Ms. Dacy stated that the road right-of-way on Old Central Avenue is one hundred feet wide. She stated that there is an unusually large boulevard in that area and eight or ten parkinq spaces are within the right-of-way. She stated that if the rezoning is approved, the area that is blacktopped now would be removed and brought up to code. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq � aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 8:31 p.m. � � 'f; � � � FRIDLEY CITY COUNCIL MSETING OF OCTOSER 21, 1991 PAGE 9 3. PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. STREET ST. 1990-3: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:36 p.m. Mr. Pribyl, Finance Director, stated that this is the assessment hearing for Street Improvement Project No. 1990-3 which covers the improvements on 67th Avenue and oakley Street and also the improvements done at Springbrook Nature Center. He stated that the assessments are spread over a ten-year period at an interest rate of 7-1/2 percent. He stated that the total cost of this project was $99,928.01. Mr. Peter Eisenzimmer, 6535 Oakley Drive, stated that he thought the extension of Oakley Drive was to be paid by the builder. He did not feel this should be paid out of publ�c funds, and the cost should be borne by either Mr. Brickner or the church. Mayor Pro Tem Schneider stated that this hearing is the process of assessing the charges back to the property owner which is Mr. Brickner. Mr. Eisenzimmer asked if the contractor will be paying for the extension o£ the street. Mr. Pribyl stated that the fifty foot extension is being paid for out of the Capital Improvements Fund. Mr. Eisenzimmer questioned why the taxpayers are paying, as he was told at the hearing that Mr. Brickner would be paying for it. Mr. Pribyl stated that the improvements on 67th Avenue are beinq assessed to the property owners, and the remaining portions of this improvement, which consists of the fifty foot extension and the parking lot improvements at Springbrook Nature Center, are being paid out of the Capital Improvements Fund. Mr. Eisenzimmer stated that he is opposed to the fifty foot extension being paid out of the Capital Improvements Fund. Mr. Flora, Public Works Director, stated that the City obtained a right-of-way from the church and; therefore, the City paid for the fifty foot extension. Mr. Eisenzimmer felt that the people who wanted the extension should pay for it. He stated that he does not use it, and the church should pay for it. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21, 1991 PAGE 10 � Mayor Pro Tem Schtteider stated that could be the argument for all City streets. Mr. Eisenzimmer stated that the people who purchased the homes on 67th Avenue received an assessment for $4,000 for sewer and water and the contractor, Mr. Brickner, told them it was all paid and that they would not be assessed. Mayor Pro Tem stated that this issue would be between Mr. Brickner and the homeowners. Mr. Eisenzimmer asked if he would be assessed because of the homes built on 67th Avenue. Mayor Pro Tem Schneider stated that he would not receive any assessment. Mr. Ron Miller, 953 Mississippi Street, stated that he did not understand why he or anyone else should be taxed for the extension. He stated that the neighborhood fought not to have this extension and felt that because of the church's request it was extended. He stated that the homes on 67th Avenue are being assessed for their portion of the street, and the extension should be assessed to the church. � Mayor Pro Tem Schneider stated that the fifty foot extension is not being assessed to any properties but will be paid out of the Capital Improvements Fund. He stated that this assessment hearing covers only the properties on 67th Avenue. Councilwoman Jorgenson stated that MSA funds are used for some street improvements and, in this instance, of that fifty foot extension, only the east portion could have been assessed to the church as the west portion abuts the City park. Mrs. Eisenzimmer, 6535 Oakley Drive, stated that she would like a speed sign on oakley Drive, as it is being used as a race track. Councilwoman Jorgenson asked Mrs. Eisenzimmer if they have noticed any improvements since this issue was raised at the last Council meeting. She asked if they have called the Police Department. Mrs. Eisenzimmer stated that the cars are gone be£ore the Police get there. Councilwoman Jorgenson stated that Council has asked for increased patrol in the area and questioned if there was any improvement. Mr. Eisenzimmer stated that a police car comes down there every one � or two days. ,;� � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21, 1991 PAGE 11 Mrs. Eisenzimmer stated that she used to be able to decorate her yard, but cannot do so now sinoe they opened up oakley. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 8:5o p.m. 4. PUBLIC HEARING ON ASSESSMENT FOR WATER, SANITARY SEWER & STORM SEWER PROJECT NO. 210: MoTIQN by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:50 p.m. Mr. Pribyl, Finance Director, stated that this hearing is on the assessment for water, sanitary sewer, and storm sewer for the 67th Avenue extension and Oakley Straet. He stated that the total cost of the project was $35,395.50. He stated that the assessment will be for a twenty year period at an interest rate of 7-1/2 percent. He stated that the total cost for the seven lots on 67th Avenue amounted to $28,556.80, and the water main loop on Oakley was $6,838.70, which is to be paid by the water Fund. Mayor Pro Tem Schneider asked who benefitted from looping the water main. Mr. Flora, Public Works Director, stated that every resident benefits when the City does a connection, but this has not been assessed as an improvement. Mr. Peter Eisenzimmer, 6535 oakley Drive, asked if all the taxpayers pay into the Water Fund. Mr. Pribyl stated that all water users in the City pay into the fund. Mr. Eisenzimmer stated that this looping of the water main did not have to be done. Mayor Pro Tem Schneider stated that when a water main is looped, two sources of water are provided which benefits the residents and also prevents rust. He stated that since there were improvements being done, this provided an opportunity to loop the water main at a minimal cost. He stated that this type of improvement is generally done as a service to everyone in the community. Mr. Eisenzimmer stated that the church does not pay taxes, and they get anything they want. He stated that the taxpayers have to fight for everything, and someone else gets it for nothing. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21, 1991 PAGE 12 � Mr. Burns, City Manager, stated that as he recalls, the church gave the City property for a£uture street right-o£-way, and the water main loop and stub were the City's contribution to that right-of- way. Ms. Diane Miller, 953 Mississippi Street, stated that the residents have no faith that the street will not be opened up. She stated that the residents were assured they would not pay for the improvements, and the costs would be borne by the church. She stated that those who live in Fridley will pay. She stated that when Council states that they will not build that road, the residents just do not believe them. Mayor Pro Tem stated that Council has repeatedly stated they do not intend to build that road, but he cannot speak for future Councils. Mr. Eisenzimmer stated that he is opposed to any of the costs coming from qaneral City funds. MOTIQN by Couttcilwoman Jorgenson to Close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:D0 p.m. � 5. PUBLIC HEARING ON THE ASSESSMENT FOR TREATMENT AND REMOVAL OF TREES, 1991• MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem schneider declared the motion carried unanimously and the public hearing opened at 9:01 p.m. Mr. Pribyl, Finance Director, stated that this assessment is for the removal of trees at 201 Longfellow Street. He stated that the property owner had requested this work be done and signed an agreement for the assessment. He stated that the cost was $225.00 which is to be assessed over a five year period at an interest rate of 7-1/2 percent. No persons in the audience spoke regarding this proposed assessment. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 9:02 p.m. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21, 1991 PAGE 13 � OLD BUSINESS: 6. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF SEPTEMBER 17. 1991 �TABLED 10/7/911: A. VARIANCE REOUEST, VAR #91-29, BY KENNETH SPELTZ AND RICH KLEINOW. SKYLINE VETERINARY HOSPITAL. TO REDUCE THE REOUIRED FRONT YARD SETBACK FROM 80 FEET TO 48 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOT 2, BLOCK 1, HERWAL SECOND ADDITION, THE SAME BEING 6220 HIGHWAY 65 N.E.: Mayor Pro Tem Schneider removed this item from the table. Ms. Dacy, Community Development Director, stated that this item wa� tabled at the last Council meeting for further information from staff. She stated that the parcels in this area have been zoned General Shopping Center since 1958. She stated that several variances have been granted to businesses in the area, which included variances for Miller Funeral Home, Brickner's Office Condominiums, Sinclair Station, and Skyline Veterinary Clinic. She stated that Chanticlear Pizza building (now Video Revue) meets the eighty foot setback, and the setback for Maple Lanes is not known. She stated that the setback for Brickner Office Condominiums is � 57-1/2 feet from the baak of the curb, and there is one foot between the curb and property line. Ms. Dacy stated that Council discussed the possibility of placing a stipulation on the variance that the variance would expire if the building is either demolished or torn down. Ms. Dacy stated that the Appeals Commission unanimously recommended approval of the variance to reduce the front yard setback from SO feet to 48 feet. Mayor Pro Tem Schneider stated that there are no� consistent lot lines in the area, and it does not seem this variance would adversely impact the area. MOTION by Councilwoman Jorgenson to grant Variance Request, VAR #91-29, with the stipulation that the variance expires if the building is demolished, torn down, or sustains damage greater than fifty percent of its value. Seconded by Councilman Fitzpatrick. Mr. Steve Brandgard, 6220 Highway 65, requested verification that if they own the building, and it was destroyed, the variance would not change and they could continue the use as a veterinary hospital. � Mayor Pro Tem Schneider stated that the purpose of granting the variance is for a hardship. He stated that if the building were FRIDLEY CITY COIINCIL MEETING OF OCTOBER 21, 1991 PAGE 14 � destroyed, then the hardship aspect of the variance would not exist and that would be the appropriate time to conform to the setbacks. Mr. Herrick, City Attorney, stated that he did not believe the owners would want the variance tied to the use as the time may come when they do not want to operate a veterinary clinic and may want to sell it. IIPON A VOICE VOTE TAKEN ON THE ASOVE MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. 7. RESOLUTION RENAMING VIRON ROAD TO HIGHWAY 65 EAST SERVICE DRIVE (TABLED 10/7/911: Mayor Pro Tem Schneider removed this item from the table. Ms. Dacy, Community Development Director, stated that there is con£usion regarding the street name along this particular road. She stated that some businesses use a Viron Road address, and others use Highway 65 as their address. She stated that this issue was brought to Council's attention about ten years aqo, but there was opposition to changing the name from Strite Anderson. She stated that Kurt Manufacturing has bought the Strite Anderson building, and there are other new owners in the area so this matter � is once again brought to Council's attention. Ms. Dacy stated it is proposed that this resolution be adopted to change the name of Viron Road to Highway 65 East Service Drive effective January 1, 1992. She stated that she understands the post office will deliver to both addresses, old and new, for a period of up to one year. Mr. John Kvidera, General Manager of Kurt Manufacturing Die Cast Division, stated that this item was brought to his attention by Ms. Dacy. He stated that some research has been done as to the cost to Kurt Manufacturing, and it would amount to about $7,900. He stated that Kurt Manufacturing has been in business for over thirty years in Fridley and has recently gone through a change to tie in all their divisions. He stated that the name change does not mean that much to their company and, ironically, they just published their corporate brochure this past summer. Ms. Dacy 5tated that the major reason for the name change is £or consistency with the 911 emergency system. Councilwoman Jorgenson stated that if there was a major disaster and more than one Fire Department was responding, Fridley's personnel would know the location; however, other departments responding may have difficulty finding the location. � FRIULEY CITY COUNCIL MEETING OF OCTOBER 21 1991 PAGE 15 � Mr. Herrick, City Attorney, asked if Kurt Manufacturittg knew that at a certain date in the future this was going to occur and they had advance notice, if they could minimize their costs. Mr. Kvidera stated that he did not think this would be a problem. MOTION by Councilman Fitzpa�rick to table this item indefinitely. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. NEW BUSINESS: RESOLUTION NO. 79-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE LION'S CLUB OF FRIDLEY fMAPLE LANES. 6310 HIGHWAY 65): MOTION by Councilwoman Jorgenson to adopt Resolution No. 79-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 9. RESOLUTION NO. 80-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE LION'S CLUB � OF FRIDLEY lROPERS LOUNGE AND RESTAIIRANT, 3720 EAST RIVER ROAD : MOTION by Councilman Fitzpatrick to adopt Resolution No. 80-1991. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 10. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 2, 1991• A. CONSIDERATION OF AN ORDINANCE TO REOUIRE A LICENSE FOR MOTOR VEHICLE REPAIR GARAGES (PROPOSED CHAPTER 181: Ms. Dacy, Community Development Director, stated that the Planning Commission wants to know if Council desires the Commission to consider additional dra£ts of this proposed ordinance. Ms. Dacy stated that the Planning Commission held a public hearing in order to hear testimony from those business owners who may be affected by the ordinance. She stated that an attorney represented these owners at the Planning Commission meeting; however, the Commission felt they could not approve the ordinance in its current form due to the outstanding issues and a reworking was in order. � Ms. Dacy stated that, typically, the Planninq Commission does not review proposed ordinances for a licensing requirement. She stated that one of the reasons it was before the Planning Commission was FRIDLEY CITY COUNCIL EETING OF OCTOBER 21, 1991 PAGE 16 � the interim ordinance, which placed a moratorium on the issuance of special use permits for repair garages, dictated a hearing be held by the Planning Commission within sixty days. Ms. Dacy stated that if the ordinance were to go back to the Planning Commission, there may be a problem with the timing. She stated staff's concern is that the wording of the ordinance should come from Council, as there are a lot of policy issues. MOTION by Councilwoman Jorqenson that further amended copies of the ordinance come to Council for review rather than go back to the Planning Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of October 2, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 11. EXTENSION OF A SPECIAL USE PERMIT. SP #90-15. BY MIKE SCHRADER, TO ALLOW REPATR GARAGES; TO ALLOW AUTOMOBILE SERVICE STATIONS AND MOTOR VEHICLE FUEL AND OIL DISPENSING SERVICES; TO ALLOW MOTOR VEHICLE WASH ESTABLISHMENTS; TO ALLOW EXTERIOR � STORAGE OF MATERIALS AND EqUIPMENT. ALL ON LOTS 1 THROUGH 9, BLOCK 1, CENTRAL VIEW MANOR. AND LOT 3, BLOCK 1, CENTRAL VIEW MANOR, 2ND ADDITION, GENERALLY LOCATED AT 7355 HIGHWAY 65 N.E.: Councilwoman Jorgenson stated that there was a great deal of discussion on this special use permit and would feel more comfortable tabling the item until all Council members are present. M�TION by Councilwoman Jorgenson to table this item and request Mr. Schrader or his representative be in attendance when this item is before Council. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 12. AUTHORIZATION TO AWARD CONTRACT FOR THE INSTALLATION OF THE SPUR STATION STORM SEWER LINE. PRQSECT NO. 223: Mr. Flora, Public Works Director, stated that Council received Petition No. 5-1991 from Murphy Oil for the installation of a storm sewer line at their facility at East River Road and Mississippi Street. This project would be totally assessed to the property and be an addition to the Storm Water Improvement plan. He stated that two quotes were received for this project, and it is recommended that the lowest quote from Volk Sewer and Water be accepted in the � amount of $13,045.00. '� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21, 1991 PAGE 17 � MOTION by Councilman Fitzpatrick to receive the two quotes for Project No. 223 as follows: Volk Sewer & Water $13,045.00 8909 Bass Creek Court Brooklyn Park, MN Northdale Construction Co., Inc. $17,175.80 14450 Northdale Blvd. Rogers, MN 55374 Seconded by Councilwoman Jorgenson. IIpon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to award the contract for Project No. 223 for the installation of a storm sewer line to Volk Sewer & Water in the amount of $13,045.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 13. AUTHORIZATION TO ADVERTISE FOR BIDS FOR EMERGENCY REPAIR OF WELL NO. 5, PROJECT N0. 224: � Mr. Flora, Public Works Director, stated it appears that Well No. 5 was struck by lightning during a storm the first part of September. He stated that this is a deeper well, and it is one of the primary producers now that the City is minimizing the use of the shallow wells in Commons Park. Mr. Flora requested that Council authorize advertising for bids for the emergency repair of Well No. 5 and add this project to the Water Fund Improvement Plan. MOTION by Councilwoman Jorgenson to authorize the advertising for bids for the emergency repair of Well No. 5. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 14. AUTHORIZATION FOR EMERGENCY REPAIR OF SANITARY SEWER LINE ON 61ST AVENUE BETWEEN 5TH AND 6TH STREETS, PROJECT NO. 225: Mr. Flora, Public Works Director, stated that on October 7, 1991, a hole was found on 61st Avenue, and when the street was excavated damage was found to the sanitary sewer line. He stated that some plastic pipe was inserted to keep the service running. He stated that in the process of viewing the line, a number of problems were found. He stated that since the street has been torn up, it is requested that Council authorize an emergency repair. � Mr. Flora stated that three quotes were received for this work, and it is recommended that the lowest quote from Northdale Construction FRIDLEY CZTY COUNCIL MEETING OF OCTOBER 21, 1991 PAGE 18 � Co., Inc, in the amount of $24,700.50 be accepted. This project will be an addition to the Sanitary Sewer Fund Improvement Plan. MOTION by Councilwoman Jorgenson to receive the following quotes for the emergency repair of the sanitary sewer line on 61st Avenue, Project No. 225: Northdale Construction Co., Inc. $24,700.50 14450 Northdale Blvd. Rogers, MN 55374 EJM Pipe Services, Inc. $27,400.00 7807 Lake Drive Lino Lakes, MN 55014 Volk Sewer and Water NO BID 8909 Bass Creek Court Brooklyn Park, MN 55428 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to award the contract for Project No. 225 for the emergency repair of the sanitary sewer line on � 61st Avenue to Northdale Construction Co., Inc. in the amount of $24,700.50. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion - carried unanimously. � 15. APPROVAL OF CHANGE ORDER N0. 3 TO STREET IMPROVEMENT PROJECT N0. ST. 1991 - 1& 2, DELETING FIRE TRAINING FACILITY ITEMS: MoTION by Councilman Fitzpatrick to authorize Change Order No. 3 to Street Improvement Project No. ST. 1991 - 1& 2 with W. B. Miller, Inc. for a decrease of $23,062.50 in the contract. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. APPROVAL OF CHANGE OR�ER NO. 4 TO STREET IMPROVEMENT PROJECT NO. ST. 1991 - 1 & 2. ADDING RESURFACING OF 61ST AVENUE BETWEEN 5TH AND 6TH STREETS: MOTION by Councilman Fitzpatrick to authorize Change Order No. 4 to Street Improvement Project No. ST. 1991 - 1& 2 with W. B. Miller, Inc. for $20,225.00. Seconded by Councilwoman Jorgenson. Ugon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. A fund transfer will be accomplished at a later date. �; � � � FRIDLEY CITY COUNCIL MEETINd OF OCTOBER 21, 1991 PAGE 19 17. ESTABLISH SPECIAL CITY COUNCIL MEETING FOR NOVEMBER 12, 1991, TO RECEIVE THE STATEMENT OF CANVASS FROM THE NOVEMBER 5, 1991 ELECTION: MOTION by Councilman Fitzpatrick to establish a Special Council Meeting for November 12, 1991 to receive the statement of canvass from the November 5, 1991 election. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 18. RESOLUTION NO. 81-1991 CONFIRMING A5SESSMENT FOR STREET ZMPROVEMENT PROJECT N0. ST. 1990 - 3: MOTION by Councilwoman Jorgenson to adopt Resolution No. 81-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 19. RESOLUTION NO. 82-1991 CONFIRMING ASSESSMENT FOR WATER, SANITARY SEWER & STORM SEWER PROJECT NO. 210: MOTION by Councilwoman Sorgenson to adopt Resolution No. 82-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 20. RESOLUTION N0. 83-1991 CONFIRMING ASSESSMENT FOR THE TREATMENT AND REMOVAL OF TREES 1991: MOTION by Councilwoman Jorgenson to adopt Resolution No. 83-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 21. RESOLUTION DESIGNATING TIME AND NIIMBER OF COUNCIL MEETINGS: MOTION by Councilman Fitzpatrick to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 22. INFQI2MAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 23 . CI,AIMS • MOTTON by Councilman Fitzpatrick to authorize payment of Claim Nos. 39830 through 40064. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. '`f � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21. 1991 PAGE 20 24. LICENSES: MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 25. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of September, 1991 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement No. ST. 1991 - 1 & Estimate No. 9 . . Project 2 Northdale Construction Co., Inc. 14450 Northdale Blvd. Rogers, MN 55374 Skywood Lane Water Extension Project No. 220 Estimate No. 1 . . . . . . . Maier Stewart & Associates 1959 Sloan Place St.Paul, MN 55117 $ 8,699.50 $37,625.32 . $65,238.87 Clover Pond Diversion/52nd Avenue Floodway Project No. 222 Partial Estimate . . . . . . . . . . . . . . $ 789.40 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. . , � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 21, 1991 PAGE 21 ADJOURNMENT• MOTION by Counoilwoman Jorgenson to ad�ourn the meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 21, 1991 adjourned at 9:43 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: Dennis L. Schneider Mayor Pro Tem