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08/17/1992 - 000056421 � L �I 108 THE MINUTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGU3T 17, 1992 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, AUGUST 3, 1992: MOTION by Councilwoman Sorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee asked that Item 17 be considered before Item 16. MOTION by Councilman Fitzpatrick to adopt the agenda with the above amendment. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 1. CONTINUATION OF PUBLIC HEARING ON A PRELIMINARY PLAT REOUEST, P.S. #92-05, BY WAL-MART STORES, INC., TO REPLAT AN AREA (PARCELS 1- 3) INTO ONE LOT, GENERALLY LOCATED AT 85TH AND UNIVERSITY AVENUES (CONTINUED FROM CITY COUNCIL MEETING OF AUGUST 3, 1992)• Mayor Nee re-opened this public hearing at 7:38 p.m. Ms. Dacy, Community Development Director, stated that this item had been continued from the August 3, 1992 City Council meeting in 109 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 2 � order to receive comments form the Springbrook Nature Center Board regarding the pond impact and the lights from the Wal-Mart store. She statad that the Springbrook Nature Center Board met August 10 and has made several motions. Ms. Dacy stated that the Springbrook Nature Center Board generally agrees with the pond elevation being established at 872 feet and the redesign oP the parking lot to facilitate maintaining that level. She stated that the Board recommends the City Council seek Wal-Mart's cooperation in resolving any future problems resulting from water table changes in the Nature Center that are caused by Wal-Mart's detention pond elevation during drought conditions. She stated that the Board recommends that Wal-Mart cooperate in installing piezometer measuring devices on the Nature Center property to monitor ground water elevations adjacent to Wal-Mart's storm water detention pond. Ms. Dacy stated that the Board recommends that Wal-Mart cooperate in sampling and analyzing the quality o£ the watez leaving the ponds and to preserve as many of the larger oaks as possible on the property. She stated tha� the Board indicated that they had no objection to thirteen 42 foot light standards, but they recommended the northwestern most standard be screened to prevent points of light from being seen from ttxe Nature Center and to evaluate the other light standards within one year. � Ms. Dacy stated that the Minnesota Department of Transportation has requested a traffic impact study for a traffic analysis at the intersections of T.H. 10 and Jefferson Street and T.H. 10 and C.S.A.H. 3/C.R. 51. She stated that staff believes this study should be conducted by the Department of Transportation and Anoka County. She stated that Anoka County has identified an improvement project for 85th Avenue but not a time frame in which to construct this improvement. Ms. Dacy stated that Wal-Mart should be required to pay for the City's cost of the improvement at 85th Avenue if a new signal is necessary. There is also the potential for improvement at 83rd and University Avenues, if the warrants require it. Ms. Dacy stated that the owners of the Springbrook Apartment Complex have reviewed Wal-Mart's plan. She stated that they are seeking cooperation for a joint driveway at the north end, that the roof top and mechanical equipment for the wal-Mart building be the same color, that construction time not start earlier than 7:00 a.m., that the racing stripes be continued along the entire west side of the building which faces their apartment complex, and the row of lighting along the property line contain light shields. Ms. Dacy stated that staff has submitted a list of stipulations ' which includes the Springbrook Nature Center Board's action and accommodates concerns submitted by other agencies. � LJ ll0 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 3 Councilman Schneider felt that staff has done a super job in putting this together, as did the Springbrook Nature Center Board. He stated that the stipulations sound good and useful as far as intent, but he questioned how they would be enforced if this becomes necessary. Ms. Dacy stated that the stipulations would be part of the plat. She stated that the Nature Center Board understands the stipulations were not as clear as they would like but could not recommend anything more concrete to the Council. She stated that the Board was concerned about the impact on the Nature Center. Councilman Schneider asked if a performance bond could be required and kept for two years after the certificate of occupancy to resolve any problems with the use of the proceeds being at the discretion of the City Council. Ms. Dacy stated that there is a bond required to insure installation of the outdoor improvements, and possibly this could be expanded. Councilman Fitzpatrick asked what types of items are covered in the performance bond. Ms. Dacy stated that, typically, it is outdoor improvements such as landscaping, paving of the parking lot, concrete curb, and storm sewer improvements. Mr. Greg Frank, McCombs Frank Roos Associates, stated that the City does have a three percent financial guarantee. He stated that their drainage report addresses the ground water as it exists today. He stated that in a drought situation, there would be more evaporation. He stated that there needs to be a good working relationship where Wal-Mart can help in a drought situation by the use of their pond. He did not think this would be a problem. Mr. Frank Pelt that water sampling in itself is o£ no use unless it happens at the time the contaminant is deposited on the site. Councilman Schneider stated that he appreciates Mr. Frank's comments, but unfortunately, things could change in the future if, for instance, Wal-Mart was bought out. He felt that the City needed something more than just a company's good word. He felt that a bond would be relatively insignificant compared with the cost of the project, and he asked if Wal-Mart would �onsider a stipulation for such a bond for several years not in excess of $50,000. Mr. Frank stated that he would have to review Chis issue with Wal-Mart. He felt that this would make Wal-Mart responsible for � drought conditions. He stated that Wal-Mart has desigtted a storm water system to handle a normal year. Mr. Frank stated that the three percent performance bond would be in effect for a year after � � � 111 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 4 completion of the project. He stated that as far as contaminants, these could occur anywhere in the Watershed District; however, if it was related to Wal-Mart, legally they would be responsible under other enforcement agencies. Councilman Schneider stated that he �s concerned about problems which may arise that have not been identified, and a performance bond would cover costs to correct any problems. Councilman Fitzpatrick asked if all the concerns of the S�ringbrook Nature Center Board were addressed. Ms. Dacy stated the Board was pleased that they had several times to review the proposal. 5he stated that staff tried to cover all the concerns that were an issue to the Boarde She stated that the Board recognized there were so many factors concerning a drought that it goes beyond Wal-Mart. Mr. Ken Belgarde, one of the owners of the Springbrook Apartment Complex, stated that he would like an access for the apartment complex north to 85th Avenue. He stated that another issue is the water quality, and he understands that Wal-Mart is providing ponding on their site, but nothing is being done with the water coming from Spring Lake Park. He stated that when the Springbrook Apartment Complex was constructed, they were required to provide three detention ponds, two on their property and one on the Nature Center property. He stated that if �he property to the east is developed, the water quality would improve. Mr. Belgarde stated that he would also like the first row of lighting closest to the apartment complex to have shields. He stated that he would also like the mechanical equipment on the roof of the building to be the same color as the roof. He stated that he did not see a need �or the fence at this time. Mr. Frank stated that he would be in favor oP omitting the £encinq, He stated that in regard to the access, he thought this was regarded a pedestrian access and not vehicular access. He stated that he would have to review this with Wal-Mart, as they will be paying 100 percent of the cost for the frontage roade Ms. Dacy stated that the fence is required by the City Code when there is commercial property abutting a residential zonee Councilwoman Jorgenson asked if there could be a break in the fencing so that there could be pedestrian access through the fence� Ms. Dacy stated that a break in the fencing would be permissible, Mr. Frank stated that if they could delete the fence, they could probably consider it as a trade for the secondary access. � � � 112 FRIDLEY CITY COIINCIL MEETING OF AUGUST 17, 1992 PAGE 5 Mr. Flora, Public Works Director, stated that if they construct an access in the northeast corner to the Wal-Mart parking lot, he felt that a lot of cars would take a short cut through the developmento Mr. Belgarde stated that he has given this some thought, but if it gets to be a negative, the access could be removed. Councilman Billings stated the point was made that the stipulations are kind of ambiguous. He stated that from the discussion, it seems the City wants to hold Wal-Mart responsible for any environmental impacts at the Nature Center. He stated that he is not sure how it would be determined if Wal-Mart or the large development across from 85th Avenue is responsible for any detrimental impact. Mr. Flora stated that the City of Coon Rapids has a series of detention ponds along 85th Avenue and a ditch to the west that enters into the northwest quadrant of the Nature Centero Councilman Billings asked if the City required any assurances that there would be no negative environmental impacts when the Springbrook Apartment Complex was constructed. Mr. Helgarde stated that this was not required. Councilman Billings stated that on the south side of the Nature Center there were several buildings that were constructed and needed special use permits but the City did not require them to provide a bond to ensure there would not be any detrimental zssues to the Nature Center. He stated that he is concerned why Wal-Mart is any worse of a neighbor than any of the other projects. He stated that in order for him to support something along these lines it would have to be well documented what the City expects Wal-Mart to guarantee. Councilwoman Jorgenson stated that on the pro7ect directly across from the Municipal Center, a performance bond was required as far as noise or environmental problems. She stated that the Council has looked at this concept over the last several years to take steps in trying to assure a good quality of life in the community. Councilman Billinqs stated he is concerned that Wal-Mart would be made responsible for any negative impacts whether they were covered by the stipulations or not. Councilman Schneider stated that this is something he has been proposing more recently, and it should have been done when the Springbrook Apartment Complex was constructed. He stated that the special use permits that were issued in this area were for much smaller developments. He stated that this development would have a more significant impact. He felt that the control should be in the hands of the Council if there are problems. He stated that the 113 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 6 � purpose is to have funds available to protect the Nature Center and not to penalize Wal-Mart. Sue Sherek, member of the City's Planning Commission and Human Resources Commission, stated that performance bonds have been required for things other than just landscaping. She questioned if sampling of the water could be done in the piezometer sites and then hold Wal-Mart responsible for any deterioration from that point. She stated that, however, Wal-Mart cannot be blamed for all the negative impacts on the Nature Center just because they are the last ones to develop in this area. She stated that a commercial development will have a negative impact on the wildlife at the Nature Center, but that does not mean development should ceasee Mr. Bill Thompson, 1580 Onondaga Street, stated that he is confused with the Watershed District°s role regarding this project. Mr. Flora stated that the Watershed District's policy is that water leaving the site after development shall be of no greater quantity or lesser quality than it was before development. Mr. Thompson asked how the code is applied in this case. He stated that there are plans that show the ponds, but there ssn't any documentation. � Mso Dacy stated that Wal-Mart will submit a final plan and another set of calculations to make sure they meet the one hundred year storm event. She stated that the plan shows the contours and calculations were reviewed by the engineers. She stated that there has also been a review by the Army Corps of Engineerso Ms, Dacy stated that the City is actually wearing two hats, the Watershed District and its own. Mr. Thompson felt that the Watershed Aistrict should address the cumulative impact, as there are a lot of things occurring upstream that could have an impact on the Nature Center. iie stated that it would be unfair to place the blame on Wal-Mart. I-Ie felt that a monitoring site above Wal-Mart's property is needed. He felt that the Braun Engineering study just looks at a prediction based on very little information and that it should be more detailed. Mr. Thompson stated that there are contaminants that occur when you develop property for a commercial use, and he stated these contaminants are coming off Northtown and Spring Lake Park right now. He stated that it comes down to what is the best option for this property, and it seems the City is heading into a default� Mr. Thompson stated that none of the Planning Commission members felt there should be industrial development occurring at this sitee � He stated that with this development, the City is cuttinq down the diversity and wildlife. He stated that he does not know if there is anything creative that could be done on this parcel, but the � � ll4 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17 1992 PAGE 7 City will not lack shopping availability. He stated that he would be happy to work on the water quality portion of the plan, and he felt there is something creative that could be done. MOTION by Counoilman Fitzpatrick to close the public hearing, Seconded by Councilman Schneidero Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:47 p.m. MOTION by Councilman Schneider to request the City Attorney to draft an additional stipulation and language regarding the Cit� requiring a performance bond for a specified amount to be kept in force for two years after the certificate of occupancy, and a mechanism as to how the City would use the bond to defer the cost of mitigating any environmental impacts should be included in the stipulations. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. CONTINUATION OF PUBLIC HEARING ON A REZONING REQUEST, ZOA #92-05. BY WAL-MART STORES. INC.. TO REZONE PROPERTY FROM M-2, HEAVY INDUSTRIAL, TO C-2, GENERAL BUSINESS, GENERALLY LOCATED AT 85TH AND UNIVERSITY AVENUES fCONTINUED FROM CITY COUNCIL MEETING OF AUGUST 3, 1992): Mayor Nee re-opened this public hearing at 8;49 p.m. MOTION by Councilman Schneider to receive the City of Spring Lake°s Park communication, and Resolution No. 92-26, regarding this rezoning request. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated that one of Spring Lake Park's concerns was a pedestrian crossing to provide safe crossing of school age children residing in the Springbroolc Apartments. She asked Mr. Belgarde, one o£ the owners of the Springbrook Apartment CompTex, if there was bus transportation provided for these children. Mr. Belgarde stated that there was a school bus for the children who reside in the apartment complex. Councilwoman Jorgenson stated that the City is being asked to construct a pedestrian crossing, and she said this has not been done in any other area of the City. Ms. Sue Sherek, member of the City's Planning Commission and Human Resources Commission, stated that the Spring Lake Park School � District provides a pedestrian overpass over Highway 65 for the school children from the east which accesses directly onto the school property. � � � 115 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 8 Councilwoman Jorgenson asked if this crossing was handicapped accessible. Ms. Sherek stated that it was not accessible £or the handicapped, and that it is an old design with stairs. Ms. Dacy, Community Development Director, stated that there are about sixty children from the Springbrook Apartments that attend Spring Lake Park schoolse MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:53 p.me OLD BUSINESS: 3. APPROVE HUMAN RESOURCES COMMISSION'S RECOMMENDATIONS FOR ALLOCATION OF 1992 - 1993 CDBG FUNDS FOR HUMAN SERVICES: AND RESOLUTION NO. 58-1992 AUTHORIZING AGREEMENTS BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1992 - 1993 FEDERAL COMMTJNITY DEVEL,OPMENT BLOCK GRANT FUNDS FOR IiiJMAN SERVICE ORGANIZATIONS (TABLED JULY 6, 19921: Ms. Dacy, Community Development Director, stated that this item was tabled on July 6, 1992 because the City had conflicting information as to the total amount of CDBG funds allocated. She stated that the City has received an additional $4,562 Ln CDSG funds. Ms. Dacy stated that on August 6, 1992, the Human Resources Commission considered its original funding allocation with the new information that $35,604 was ac�ually available for human service funding. She stated that they revised their recommendation in that each oP the three mental health counseling agencies received an increase from $1,000 to $3,000, and S.A.C.A. funding was decreased by $1,438. Ms. Sue Sherek, Chairman of the Human Resources Commission, stated that the reasons £or the revised recommendation was due to the additional funding and the fact that information given to the Human Resources Commission by one of the applicants was not accurate pertaining to how funds were received from the County for mental health agencies. She stated that there was concern raised about S.A.C.A.°s fund balance. She stated that S.A.C.A. has explained that they thought this fund balance was needed in order to find housing, as they thought they would lose their facility in Columbia Heiqhts. She stated that this is not the case; however, and they have dedicated the fund balance to pick up the needs at Christmas that are not met by donations. 1�6 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17. 1992 PAGE 9 � Ms. Sherek stated that the Commission attempted to address the needs that they felt were most serious or difficult to fund through other meanse MOTION by Councilman Schneider to adopt Resolution No. 58-1992. Seconded by Councilwoman Jorgenson. Ms. Doody, 1323 Coon Rapids Blvd, representing Kinship, stated that her organization works with youth. She stated that they had one youth who came to counseling who had been so abused he could not even talk about it. She stated that Kinship has been servicing the youth from Fridley for nothing until two years ago when they received funding in the amounts of $700 and $500. She stated that she was advised that the recommendation from the Commission was that Kinship would not receive any funding. She stated that their organization needs help, and they cannot carry out the program without assistance. Ms. Doody stated that without asking questions, the Human Resources Commission came up with the idea that they did not have a Iteceptionist or a Board of Directors, which is not true. Mayor Nee stated that he thinks the Human Resources Commission has a difficult problem balancing all the applicationse � Ms. Doody stated that she knows the City Council does not always follow the recommendations of the Commission. She stated that is why she is here this evening to request the Council give the youth some consideration. Councilman Billings stated that he did not want anyone to think Kinship's concerns were not addressed. He stated that he and other Council members have spent time on the phone with Ms. Doody and have received her communications. He asked Ms. Doody how she would determine which organizations were not worthy of receiving funding. Ms. Doody stated that she really did not know, but she does know that the kids will suffer, She stated that it is up to the City leaders to do something to help the kids in order to reduce crime. Councilman Schneider stated that he believes the Human Itesources Commission did an excellent job, and he felt it was unfair to the other applicants to hear this presentation by Ms. Doody. He stated that he also spoke on the phone with Ms. Doody, and if there was any misunderstanding by the Commission, he was sorry this happened. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � � 117 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17. 1992 PAGE 10 4. APPOINTMENT TO THE HUMAN RESOURCES COMMISSION (TABLED AUGUST 3, 19921: Mayor Nee removed this item from the table� MOTION by Councilman Billings to nominate Ms. Terrie Mau, 235 Logan Parkway, for appointment to the Human Resources Commission to fill the term which expires April 1, 1993. There being no further nominations, an unanimous ballot was cast for the appointment of Ms. Mau to the Human Resources Commission. NEW BUSINESS: 5. PRESENTATION OF THE 1993 PRELIMINARY DRAFT BUDGET: Mr. Burns, City Manager, stated that to conform with the City Charter, the preliminary draft budget is submitted for the Council's consideration. He stated that it should be known by the September 8, 1992 Council meeting when the date has been established for the public hearing. Mr. Burns stated that this budget represents a 2.3 percent increase in the General Fund, while all budgeted funds which include the � Enterprise Funds reflect a 5 percent increase over the 1992 budqet. He stated that the total budget is for $10,45�,2880 Mr. Burns stated that the Council has opted for no additional property taxes but instead to cut back in expendi�ures. � MOTION by Councilman Schneider to receive the 1993 preliminary draft budget. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Council complimented the staff for all their wark in preparing this preliminary draft budget. 6. RESOLUTION NO. 59-1992 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, CABLE TELEVISION FUND. GRANT MANAGEMENT FUND, HRA REIMBURSEMENT FUND, DRUG AND GAMBLING FORFEITURE FUND, AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAF2 1991: Mr, Pribyl, Finance Director, stated that this resolution covers final adjustments to the 1991 budget. He stated that the adjustments are the result of donations, unforseen expenditures� auditor adjustments, and items budgeted in the incorrect categories. MOTION by Councilwoman Jorgenson to adopt Resolution No. 59-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ll8 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 11 � 7. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 18, ENTITLED "MOTOR VEHICLE BODY REPAIR BUSINESSES," AND AMENDING CHAPTER 11, ENTITLED "GENERAL PROVISIONS AND FEES": Ms. Dacy, Community Development Director, stated that this proposed ordinance creates Chapter 18 for licensing a motor vehicle body repair business. She stated that the ordinance establishes license fees and a new approach for a combination license. She stated that the reason for the ordinance is to enable the City to perform personal and criminal background investigations on auto body operators, to have a legal basis to deny a license, to protect the health, safety and welfare of the consumers ann citizens of Fridley, and to establish uniform regulatio�ns for motox vehicle body repair businesses. Ms. Dacy stated that Mr. Randy Thompson, an attorney representing garage owners, sezvice s�ations, and towing companies, is present this evening to comment on this proposed ordinance. Mr. Randy Thompson, attorney for the repair garage owners, stated that he became involved in this process several months ago when the issue was before the Planning Commission. He advised the Council on the clients he represents. � Mr. Thompson stated that when this item was before the Planning Commission, his clients opposed the proposed ordinance. He stated that the ordinance needed refinements, and his clients indicated that they did not like the ordinance because it was regulating people involved in legitimate businesseso He stated that he is pleased that the City staff has worked with them diligently, particularly Barb Dacy and Jim Hill to address their concerns. He stated that the ordinance is better, but not perfect; however, his clients no longer oppose it. Mr, Thompson stated one issue that remains is the requirement that records be maintained on the premises for two years ancl be immediately available. He stated that some businesses do their paper work at home, and it may be stored elsewhere. He stated that this poses a practical problem. He stated that if the City passes the ordinance, it would not be a violation because of the constitutional dimension, if the City issues a warrant. Mr. Thompson stated that with regard to fees and the renewal process, the City staff reviewed his proposal for a short form for renewal, and the request is a lower renewal fee, He stated he understands that fees in general are being addressed by the City. Mr. Thompson stated that the section regarding towing of severely � damaged vehicles is not clearly defined. He stated that the issue is when it is reasonable to drain the fluids and when it is not. He felt that if the first sentence under Section 18.17, severely 119 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 12 , damaged vehicles was eliminated, it would remove all the problems addressed at the Planning Commission meeting, and he would not oppose passage of the ordinance. Mr. Thompson thanked City staff for their hard work and cooperation. Ms. Dacy stated that the intent was to eliminate the first sentence under Section 18.17 and replace it with the new sentence that is underlined. Councilman Schneider questioned the timetable of thirty days under Section 18.12 and suggested possibly this should be changed to 45 days. Mr. Thompson stated that he and Ms. Dacy discussed this several times, and this process applies not only to original applications but also to renewals. He stated that the original suggestion was to have a different process for renewal of licenses, but staff felt it was better to have the same process. MOTION by Councilman Schneider to waive the reading and approve this ordinance on first reading. 5econded by Councilwoman Jorgenson. � MOTION by Councilwoman Jorgenson to amend Section 18.12, "Issuance of License Conditions," by changing the 30 day requirement to 45 days in two places of this section. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously, 8. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CTTY CODE OF THE CITY OF FRIDLEY, CHAPTER 111, ENTITLED "VEHICLE TOWING"° Ms. Dacy, Community Development Director, stated that this Chapter requires persons who tow motor vehicles in the City to take �'reasonable steps" to prevent or minimize the occurrence of leaking fluids from the vehicle. MoTION by Councilwoman Jorgenson to waive the reading and approve the ordinance on first reading. Seconded by Councilman Schneider. Mr. Randy Thompson, attorney representing garage owners, stated that in regard to cleaning up debris from the fluids, he would like to discuss this with his clients for inpute � Councilwoman Jorgenson stated she noted that often when there has been an accident, the material is swept to the side which does pose a risk for individuals in the community. 120 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 13 � Mr. Thompson stated that there may also be safety issues involved, and he needs to find out, from a practical standpoint, what the issues are. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 9. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 19 OE THE CITY CODE OF THE CITY OF FRIDLEY. ENTITLED "USED MOTOR VEHICLES," BY DELETING SECTION 19.07, '�BOND," AND CREATING PROVISIONS FOR JOINT LICENSE APPLICATIONS AS A MOTOR VEHICLE BODY REPAIR BUSINESS AND USED MOTOR VEHICLE DEALER, AND AMENDING SECTION 19.04, "FEE": Ms. Dacy, Community Development Director, stated the City recognizes that some of the auto body repair businesses also sell used cars after they have been repaired, She stated that in terms of obtaining a license from the City, it may be easier for these persons to apply for a joint license. She stated that an amendment is also proposed to Chapter 19 to delete the bond requirement because existing State statute preempts local municipalities from requiring different or additional bonding� MOTION by Councilwoman Jorgenson to waive the reading and approve � the ordinance on first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 24 OF THE CITY CODE OF THE CITY OF FRIDLEY, ENTITLED "JUNK YARDS," BY AMENDING SECTION 24.02, "APPLICATION," TO PROVIDE FOR JOINT APPLICATION AS A MOTOR VEHICLE BODY REPAIR BUSINESS AND A JUNKYARD, AND AMENDING SECTION 24.03. 11FEES°': MOTION by Councilwoman Jorgenson to waive the reading and approve the ordinance on first reading. Seconded by Councilman Schneider� Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 27. 1992: A. SPECIAL USE PERMIT REQUEST, SP #92-05, BY GERALD AND DOROTHY PEHL, TO ALLOW A SECOND ACCESSORY BIIILDING OVER 240 SQUARE FEET, GENERALLY LOCATED AT 1250 - 1260 MI5SISSIPPI STREET N.E.° Ms. Dacy, Community Development Director, stated that this is a request to allow a second accessory building over 240 square feet, , She stated that the Planning Commission considered this request to construct a 22 x 24 foot second accessory building in the southeast corner of the site. She stated that the proposed location of this buildinq was over a ten inch sewer main installed in 1955. � � � 121 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17. 1992 PAGE 14 Ms. Dacy stated that because of the placement of the garage over the sewer line, the Planning Commission recommended approval of this special use permit with four stipulations which she outlined.e She stated that the two stipulations whic� invoTve the easement are that the petitioner convey a utility easement for ihe existing sanitary sewer line and execute a hold harmless agreement releasing the City of any liability to the accessory structure as a result of repairs or replacement of the sanitary sewer line. Ms. Dacy stated that since that time, the petitioner has given consideration to relocating the building to the west and making it a 29 x 17 foot accessory structure. She stated that this would meet the separation and setback requirements. She stated that if this is done, the stipulations regarding conveying an easement and a hold harmless agreement would not be required. She stated that staff recommends this special use permit be approved with Stipulation Nos. 1 and 4. Councilman Schneider asked if the utility easement should be obtained at this time. Ms. Dacy stated that because the placement of the accessory building is not directly related to the location of the sewer line, the relationship is not as clear. Mr. Gregg Herrick, Assistant City Attorney, stated that with respect to the special use permit, there can be certain conditions attached if they are directly related to the special use that is requested. He stated that in the case where the garage location is on the side of the home, there would be a direct relation between the easement and the hold harmless agreement. He stated that it would be difficult to have a hold harmless agreement unless there was a defined easement, and it may be of benefit to define the easement. Mr. Herrick stated that if this building is located in back of the garage, the City would not be in any worse position than before the accessory structure was builto Mr. Flora, Pu�lic Works Director, stated that he would prefer to have an easement over the line in case the City needs to make any repairs. Mr. Herrick stated that he is not sure the City could force this issue. He stated that if the petitioner agreed to an easement, that would be another matter. Mr, Pehl, the petitioner, stated that he did not know when the sewer was installed; probably sometime in the 1950's. He stated that subsequent to that sewer line beinq constructed without an easement, the City complicated the problem by having the building within 7-1/2 feet of that sewer line. Councilman Schneider asked Mr. granting the easement. Pehl if he had a problem with � � , 122 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 15 Mr. Pehl stated that he is here to request a special use permit and not to discuss an easement. Councilman Schneider asked Mr. Pehl if he would grant the City an easement. Mr. Pehl stated that he would not at this meeting. Ms. Dacy stated that even with the alternate location of the building behind the house, if there is a prescriptive easement there now, it may behoove both parties to officially describe that so the property owner knows how much the City can legally use and, on the other hand, the City has some type of access. She stated that as it is now, it is not a defined entity, She stated that staff discussed a recommended easement location with Mr. Pehl. Mr. Herrick stated that a prescriptive easement is one the City has Hecause it has existed for a period of time. He stated that the only way this can be defined is by the court. He stated that in this case, it would be necessary for the maintenance of the sewer line. Councilman Schneider asked if an easement can be acquired by eminent domain. Mr. Herrick stated that he would have to review this further. Mr. Pehl stated that the easement takes up 17 percent of the lot area and comes within three feet of the building, and the sewer line is within eight feet. He stated that his intent is to cooperate, but he did not think a permit should be held over his head to force cooperation. He stated that is cooperation on the City's terms. Councilman Schneider stated that he would like to know what the City's options are. MOTION by Councilman Schneider to table this item for thirty days for the City Attorney's Office to submit a written list of options and projected costs to acquire an easement for the sanitary sewer line on this parcel of property. Seconded by Councilwoman Jorgenson. Councilman Billings asked if there was a period of time in which the Council must take action on this request or otherwise, by default, the special use permit is granted. Ms, Dacy stated that the time period is sixty days, unless the petitioner requests the special use permit be tabled. Councilman Billings stated that he did not think that the easement and the special use permit go hand in hand. He felt that the � ' � 123 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 16 special use permit should stand on its own and would not support the motion to table. He did not feel that the thirty days would accomplish anything or change the petitioner's position. Councilman Schneider stated that he did not feel the Council should perpetuate mistakes. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 12. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 22, 1992' A. RESOLUTION NO. 60-1992 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #92-03, TO SPLIT PROPERTY INTO TWO SEPARATE LOTS, GENERALLY LOCATED AT 1376 66TH AVENUE N.E., (BY DOUG AND SETH NYBERG)• Ms. Dacy, Community Development Director, stated that this is a request for a lot split to divide property between 66th Avenue and Creek Park Lane in an R-1 zoning district. She stated that it is proposed to split the parcel into two residential lots. She stated that both parcels meet the lot area and lot width requirements� MOTION by CounCilman SChneider to adopt Resolution No. 60-1992, with the stipulation for the payment of a park dedication fee of $750.00, attached as Exhibit A. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslx. B. RESOLUTION NO, 61-1992 APPROVING A SUBDIVISION. LOT SPLIT, L.S. #92-04, TO SPLIT OFF THE SOUTH 33 FEET OF LOT 5, BLOCK 2. EAST RANCH ESTATES 2ND ADDITION, GENERALLY LOCATED AT 7787 RANCHERS ROAD N.E. (BY ROBERT SCHROER): Ms. Dacy, Community DeveLopment Director, stated that this is a proposal to split off the south 33 feet of Lot 5, Block 2, East Ranch Estates 2nd Addition. She stated that the Planning Commission recommended approval with four stipulations, which she outlined. She stated that staff is recommending approval of the lot split and adoption of this resolution. MOTION by Counoilman Fitzpatrick to adopt Resolution No. 61-1992 with the four stipulations attached as Exhibit A. Seconded by Councilman Billings. Councilman Billings asked if an easement was being extended to the current property owners and if any other stipulations were needed in this regard. 124 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 17 � Ms. Dacy stated that this is in the process of being completed, and no additional stipulations are required, UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes of the Planning Commission Meeting of July 22q 1992e Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting ayee Mayor Nee declared the motion carried unanimously. 13. REVOCATION OF SPECIAL USE PERMIT, SP #89-08, BY 7570 INC., FOR A REPAIR GARAGE ON PROPERTY ADDRESSED AS 757Q HIGHWAY 65. N.E.• Ms. Dacy stated that Mr. Awaijane, owner of Sam°s Auto Body, and the Division 7 Corporation, the new occupant of the former Lampert Lumber building, have met to address Division 7 Corporation's concerns as outlined in their August 4, 1992 letter. She stated that the concerns have been resolved. Ms. Dacy stated that it is recommended that the Council move to cease the revocation process for special use permit, SP #89-08, as all conditions have been met. � MOTION by Councilman Schneider to cease the revocation process on Special Use Permit, SP #89-08, in light of the fact that all requirements have been met. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslya 14. APPROVE COMPREHENSIVE SIGN PLAN AMENDMENT AT HOLLY SHOPPING CENTER, 6500 UNIVERSITY AVENUE N.E.: �+Is. Dacy, Community Development Director, stated that an amendment has been requested to Holly Shopping Center's sign plan to permit the use of four foot hiqh signs on the east wall of the shoppinq center complex. She stated that the oriqinaT siqn plan did not address signs located on the east wa11 of the buildinge She stated that the intent is for the sign to have a red background with white lettering, She stated that staff recommends approval of this amendment to the sign plan. MOTION by Councilman Billings to deny this requesto Seconded by Councilman Schneider. Councilman Billings stated that he is not clear on what is being requested. � Ms. Dacy stated that Snyder's Drug has an existing sign, there is one remaining tenant space that will be occupied by Two Mallard Pass, and they are also requesting signage on the east wall. I_� � � 125 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17. 1992 PAGE 18 She stated that it is recommended the Council allow the Snyder Drug and Two Mallard Pass signs and if there are any other changes, this would come back to the Council for consideration. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted against the motion, and Mayor Nee declared the motion FAILED. MOTION by Councilman Billings to amend the Sign Plan for Holly Shopping Center by adding the following permissible sign on the east end of the building: That there be no more than two fluorescent signs that do not exceed 8£eet in length, 4 feet in height, and 10 inches in width and the background be red with white lettering. Seconded by Councilman Schneider, Upon a voice �rotep all voting aye, Mayor Nee declared the motion carried unanimously. 15. APPROVE AN INCREASE IN THE RICE CREEK WATERSHED DISTRICT PROJECT COSTS ON TTIE LOCKE LAKE RESTORATION PROJECT: Mr. Flora, Public Works Director, stated that the Rice Creek Watershed District has sent a letter indicating that they want to proceed with the Locke Lake sedimentation excavation and basin improvement project. He stated that they are requesting the City fund the investigation procesa by providing $10,60� for the engineering report; $10,000 for the cost of appraisal; $T,400 for the hearing; and $3,000 for the proceeding costs. Mr. Flora stated that if the project is approved, those costs will be incorporated in the total project costs and reimbursed to the City. He stated that if the project does not proceed, those costs would be borne by the City. He stated that the City has already approved about $20,000 for a study, and he recommends these additional funds be allocated. Mayor Nee stated that he has heard the residents would not support this project if it is not built this year, Mr. Flora stated that the Watershed District is looking for a final engineering report to satisfy the petition process and will schedule a hearing in November which will address not only an amendment to the storm water plan, but 5edimentation removal and restoration. He stated that the final hearing would be in December and, in April, construction plans would be approved, with construction to begin in the fall of 1993, Mr. Flora stated that the Locke Lake Homeowners Association took the position that they want the dam improvement right away. He stated that they would accept the sedimentation removal whenever that would occur. He stated that the sedimentation removal includes an amendment to the plan and proposes to levy a$1,000 assessment against the Locke Lake abutting property owners with an ad valorem assessment to the entire area in the Rice Creek Watershed District. � � � 126 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17. 1992 PAGE 19 MOTION by Councilwoman Jorgenson to approve an additional amount up to $25,000 to the RiCe Creek Watershed District to complete the study on the Locke Lake sedimentation excavation and restoration project. Further, the City will guarantee the funds when a cop� of the report is received from the Watershed District. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated that she wouid like a copy of the report prior to the public hearing so that it can be reviewed� MOTION by Councilman Billings to authorize that this additional amount of funds up to $25,000 be taken from the Storm Water Contingency Fund. Seconded by Councilman Schneidere Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RECEIVE PETITION NO. 17-1992 FOR RICE CREEK ROAD STREET UPGRADE IMPROVEMENT PROJECT NO. ST. 1992 - 1& 2: MOTION by Councilman Schneider to receive Petition No. 17-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye 16. RECEIVE BIDS FOR THE 1992 STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1& 2' MOTION by Councilman Fitzpatrick to receive the following bids for Street Improvement Project No. ST. 1992 - 1& 2; Planholder Northwest Asphalt 1451 Co. Rd. #18 Shakopee, MN 55379 Hardrives, Inc. 9724 lOth Ave. N. Plymouth, MN 55441 Base Bid $ 844,229,4� $ 863,728.60 Valley Paving $ 898,919.40 8800 13th Ave. E. Shakopee, MN 55379 C.S. McCrossan, Inc.$ 913,703.58 P.O. BoX 1240 Maple Grove, MN 55369-1240 Alber Const., Inc. P. 0. Box 399 Rogers, NIN 55374 $ 961,672.60 Part A-1 $167,488,00 $169,426.50 $163,264.40 $186,800.25 $180,504.50 Total Sid $1,�11,717,40 $1,033,155.10 $1,062,183.80 $1,100,503.83 $1,142,177.10 127 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17. 1992 PAGE 20 � W.B. Miller, Inc. $1,018,064.00 $174,885.00 $1,192,949.00 16765 Nutria St. Ramsey, MN 55303 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that six bids were received and Northwest Asphalt was the low bidder with a base bid of $844,229.40 for all work eXCept the University Avenue West Service Drive which was for $167,488.00. He stated that this company has done work in the past for the City, he would recommend the contraCt be awarded to them for $844,229.40 and for the City to delay awarding the contract for the TJniversity Avenue West Service Drive until a petition has been received for this improvement. Mr. Flora reviewed the streets covered in this improvement pro�ect as well as the Moore Lake parking lot and Flanery Park parking lot. The Council stated that the residents do not want the improvement in Flanery Park and; therefore, this cost of $10,504.15 was eliminated from the base bid of $844,229.40 reducing the base bzd to $833,725.25. � Mr. Flora stated that he would also recommend the City employ the firm of Maier Stewart and Associates for the surveying work. MOTION by Councilman Schneider that the Council finds Northwest Asphalt to be the low bidder for this project in the amount of $1,011,717.40 and award the contract to them in the amount of $833,725.25, but to withhold awarding the contract for the University Avenue West Service Drive. Seconded by Councilwoman Jorgenson. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider that an amount not to exceed $7,000 be authorized for the City to employ Maier Stewart and Associates for construction staking of the street reconstruction program. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 62-1992 DESIGNATING OFFICIAL CHECK SIGNERS FOR THE CITY OF FRIDLEY'S FLEXIBLE SPEN➢ING ACCOUNT: Mr. Pribyl, Finance Director, stated that on September l, 1992, the City will be adding flexible spending accounts and the firm of Flex � Compensation, Inc, will be acting as the City's administrator of the plan. He stated that an account will be needed at the Fridley State Bank to handle transactions dealing with this program, and 128 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17. 1992 PAGE 21 � because Flex Compensation will be issuing the checks to City employees, the Council needs to designate appropriate members of their staff as official check signers. MOTION by Councilwoman Jorgenson to adopt Resolution No. 62-1992. Seconded by Councilman Schneider. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. 19e RESOLUTION N0. 63-1992 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 15, 1992, STATEWIDE PRIMARY ELECTION: MOTION by Councilman Fitzpatrick to adopt Resolution No. 62-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. RESOLUTION NO. 64-1992 REOUESTING THE ANOKA COUNTY BOARD OF COMMISSIONERS TO PROVIDE SUPPLEMENTAL FUNDING FOR THE SHARED RIDE TAXI PROGRAM FOR 1992 AND TO INCREASE THE BUDGETED ALLOCATION FOR 1993: Mr. Burns, City Manager, stated that the shared ride taxi proqram is the south extension of the Anoka County Traveler. He stated that this program has been very popular, and the increased use of � the transportation program has caused a budget shortfall £or 1992 and a projected shortfall for 1993. He stated that funding is divided among the Regional Transit Board, fares, and Anoka County, He stated that the projected shortfall is $14,389 for 1992 and $43,426 for 1993. Mr� Burns stated that this resolution requests the County to increase their share and pick up those sums for this year and ne�t year. He stated that the City was encouraged by Commissioner Paul McCarron to submit this request, and the City of Columbia Heights also has sent a similar request. MOTION by Councilman Schneider to adopt Resolution No. 64-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reportse 22. APPOINTMENT: CITY EMPLOYEE� Mr. Burns, City Manager, stated that Mr. William Zurbey is here this evening, as he is being recommended for appointment as a ' Public Services Worker in the Street Division. He stated that this position was advertised in July, 1992, and the applicants tested by the Job Service in Blaine. He stated that seven candidates were interviewed. � � ' 129 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17. 1992 PAGE 22 Mr. Burns stated that Mr. Zurbey has worked for the City as a part- time seasonal employee, and for the past four years he has worked as a Liquor Store Clerk for the City. He stated that Mr. Zurbey's selection was based on a exemplary interview and his past service to the City. MOTION by Councilman Fitzpatrick to concur with the following appointment by the City Manager: Name Starting Starting Position Salarv Date William Public $10.25 Aug. 31, Zurbey Services per hour 1992 Worker A.1 (Streets) Non-exempt Renlaces Kenneth Holmstrom Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee and the members of the Council welcomed Mr. Zurbey to the City as a full-time employee. 23. CLAIM5' MOTION by Councilman Billings to authorize payment of Claim Nos. 44758 through 45002. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. LICENSES: MoTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Officeo Seconded by Councilwoman Jorgenson, Upon �. voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25, ESTIMATES• MOTION by Councilwoman Sorgenson to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of July, 1992. .... e $10,994.25 �r � r � 130 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 23 Seconded by Councilman Schneider. Upon a voice vote, a11 votinq aye, Mayor Nee declared the motion carried unanimously. 26. RUSTY WATER PROBLEM, NORTHWEST OUADRANT OF THE CITY: Councilman Fitzpatrick stated that he has received sevexal calls relative to rusty water in the northwest section of the Citye He stated that the residents claim they cannot use this water and are talking about having water brought in from another source. Mr. Flora, Public Works Director, stated that several weeks ago, the City flushed the system in the northwest quadrant of the City, He stated that because of the rain and less usage of water than normal, the water sits in the pipes for a longer period of time. He felt that this may be contributing to the problem. He stated that he has been advising residents to flush their hot water tanks to remove the iron that has built up in the home water systems. Mr. Flora stated that staff is looking at the plant operations to determine if there is a breakdown in the system and if additional back washing is needed< Councilman Schneider asked if the new filters proposed in 1993 will solve this problem. Mre Flora stated that it would help, but by switching production from the shallow to the deep wells, the iron issue was agqravated. He stated that the fa11 flushing wi11 begin next month, and he hoped they would be able to purge the loose iron and get it out of the system. Mayor Nee felt that the City should run information on the cable channel several times a day reqarding this problem and what residents can do about it, ADJOURNMENT: MOTION by Counczlwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of August 17, 1992 ad�ourned at 11:14 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J Mayor Nee