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09/21/1992 - 00005685� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 21, 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 MEMBERS AB5ENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick None PRESENTATION OF PROCLAMATION: FIRE PREVENTION WEEK - OCTOBER 4- 10, 1992: Mr. Burns, City Manager, stated that this proclamation wili be considered at the Council meeting on October 5. Councilwoman Jorgenson mentioned that on October l0 there would be an open house at the Fire Stations in conjunction with Fire Prevention Week. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 8. 1992: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the deletion of the proclamation for Fire Prevention Week. Seconded by Councilwoman Jorgenson. Upon a voice vo�e, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: JWENILE VIOLENCE: Mr. Mike Smith, 1635 Mississippi Street, addressed the problem of juvenile violence. He stated that this is increasing in the City on the streets and in the schools. He stated that his son was zi � � � 22 FRIDLEY CITY COUNCIL MEETING OF SEPTEMHER 21, 1992 PAGE 2 assaulted, and they have pressed charges against the juveniles involved. He stated that there was another incidence of violence this evening at an open house, Mr. Smith stated that gangs are coming into the community, and he wanted to let the community leaders know about this problem. Mayor Nee asked what neighborhoods were involved. Mr, Smith stated that there have been incidents in BriardaleP Commons Park, and the Middle School, but he said that it is happening throughout Fridley. He stated that kids are afraid to go to parks and to ride their bikes. He stated that he is here this evening to ask the Council's help. He stated that he has talked to school officials, and he will attend a School Board meeting to let every community leader know that violence in young people in Fridley is increasing. Councilman Schneider asked if Mr. Smith was referring to particular individuals or if it was a general problem. Mr. Smith stated that it is more of a general problem, although certain individuals have been involved in some incidents. Councilman Schneider asked if the Police Department was responding. Mr. Smith stated that more police officers are needed on the streets. He stated that these juveniles are carrying blackjacks and knives. Councilwoman on bicycles, impact. Jorgenson stated that three officers were patrolling and she asked Mr. Smith if he felt that this had any Mr. Smith stated that he felt it did not, and the violence has been increasing all summer. He stated that he did not want this in the schools. Councilwoman Jorgenson stated that the school situation is not within the Council's control, but that the City would work with the schools if they are asked to. Mayor Nee asked if reports are being filed with the Police Department in these incidents. Mr. Smith stated that reports are being filed, and they urge anyone who is a victim to come forth and file a report with the Police Department. Councilman Schneider suggested that a report be obtained from the Police Department on the number and location of juvenile assaults over the past ninety days. ' � � 23 FRIDLEY CITY COUNCIL MEETING OF 3EPTEMBER 21, 1992 PAGE 3 Councilman Schneider stated that at the neighborhood crime watch gatherings people felt there was a significant presence of juvenile violenoe. Mr. Smith stated that the police officers should be visible, and they are needed on the streets to protect the kids and the community. He stated that he knows of two kids who were beat up in the parks. He stated that he does not want Fridley to become a haven for hoodlums. Councilwoman Jorgenson stated that it is true there is an increase in violence in the suburbs, and the City is trying to meet the needs, but it is not feasible to have a police officer in every park. Mr. Smith stated that he is not asking for a police officer in every park, but he just wanted to bring this increased juvenile violenoe to the Council's attention. He felt that a police officer around the school at the end of classes would help. Mr. Smith stated that at a football game, a two by four piece of lumber was tossed over the fence and narrowly missed hitting a child. He stated that since the child was not hurt, the police officer could do nothing. IIe stated that this incident was reported, and the name of the person responsible was given to the security personnel at the football game. Councilwoman Jorgenson stated that she felt Mr. Smith was taking the right step in coming to the Council this evening. She stated that the Council would try to address the issue. Mayor Nee thanked Mr. Smith for advising the Council of this problem. OLD BUSINESS: 1. ORDINANCE N0. 1001 ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDL,EY, CFIAPTER 111, ENTITLED "VEHICLE TOWING" (TABLED SEPTEMBER 8, 1992 L, Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this ordinance requires towing companies to take steps to prevent or minimize the loss of fluids from a vehicle. She stated that also included in the ordinance is language from the State Statutes requiring towing companies to remove debris from the scene of an accident. She stated that this language was reviewed with the attorney for the repair garage owners and towing companies, and he has no problem with this added language. � � 24 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 21, 1992 PAGE 4 MOTION by Councilwoman Jorgenson to waive the reading and adopt Ordinance No. 1001 on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. ORDINANCE NO. 1002 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS jREZONING REQUEST, ZOA #92-05, BY MCCOMBS, FRANK, ROOS & ASSOCIATES. INC. FOR WAL-MART STORES, INC.1: MOTION by Councilman Fitzpatrick to waive the reading and adop� Ordinance No. 1002 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voica vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 27. 1992 (TABLED AUGUST 17, 19921: A. SPECIAL USE PERMIT REQUEST, SP #92-05, BY GERALD AND DOROTHY PEHL, TO ALLOW A SECOND ACCESSORY BUILDING OVER 240 SQUARE FEET, GENERALLY LOCATED AT 1250 - 1260 MISSISSIPPI STREET N.E.' Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this is a request for a special use permit to allow a second accessory building over 24o square feet. She stated that a duplex now exists on the property. Ms. Dacy stated that when the petitioner appeared before the Planning Commission in May, he was proposing a 22 by 24 foot accessory building in the southeast corner of the property and over a portion of a ten inch sewer main. She stated that the Council reviewed this request at their August 17 meeting, and the petitioner stated that he did not want to give the City an easement as part of the stipulations for approval of the special use permit. Ms. Dacy stated that the petitioner has relocated the proposed accessory building to the south of the existing duplex and changed the dimensions to 29 by 17 feet. She stated that staff recommends approval of this revised plan. Councilman Schneider asked Mr. Pehl if he was in agreement with the stipulations and if he realized that he could not use the accessory building for a home occupation. Mr. Pehl replied in the affirmative. MoTION by Councilman Schneider to grant Special Use Permit Request, � SP #92-05, with the following stipulations: (1) the accessory structure shall be architecturally compatible with the existing dwelling unit and shall not exceed 14 feet in height; and (2) the r � � 25 FRIDLEY CITY COUNCIL MEETING OF SEPTEMHER 21. 1992 PAGE 5 accessory structure cattnot be used for the cottduct of a home occupation as defined in the Zoning Code. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 18. 1992 (TABLED SEPTEMBER 8. 1992): A. VARIANCE REQUEST, VAR #92-17, BY ROGER LUEBECK, TO UPGRADE A NON-CONFORMING STRUCTURE WHICH HAS BEEN DECLARED UNSAFE BY THE CITY WHEN THE NECESSARY REPAIRS CONSTITUTE MORE THAN FIFTY PERCENT OF THE FAIR MARKET VALUE OF SUCH STRUCTURE; TO ALLOW HABITATION OF A SINGLE FAMILY DWELLING LESS THAN 1,020 SQUARE FEET, GENERALLY LOCATED AT 1571 75TH AVENUE N.E.: Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this request involves two variances: one is to upgrade a structure beyond fifty percent of the value of the structure, and the other is to allow habitation of this dwellinq even though it is less than 1,020 square feet. She stated that the Acting Building Official has verified that the cost to upgrade the structure would far exceed fifty percent of the value. Ms. Dacy stated that the Appeals Commission has recommended denial of this request. She stated that the Council tabled this item for further research and information from the Assessor's Office and from the Acting Building Official. She stated that the petitioner, Mr. Luebeck, was contacted and advised to attend the meeting this evening. She stated that staff also recommends denial of the variance request. Councilman Schneider stated that the home was a legal non- conforming use, but was abandoned and lost its legal non-conforming status since it was abandoned for over a year. He stated that as it stands now, it is an illegal non-conforming use. He stated that the value of the structure itself is around $12,�00, and the improvements are estimated at $14,000e Ms. Dacy stated that this estimate for the improvements is only £or the roof and the foundation. Councilman Schneider stated that to bring the structure into compliance with the Code would exceed over fifty percent of the value. He stated that he is sympathetic to Mr. Luebeck's problem; however, on April 1, 1991, the City sent a letter to the Department of Veterans Affairs indicating that this property was inadequate, and that there were structural problems with the home. Councilman Schneider stated that he did not think it was in the best interests of the community to allow improvement of the home since it does not meet the City's building standards. LJ � z6 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 21, 1992 PAGE 6 MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and deny Variance Request, VAR #92-17. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson requested that a letter be sent to the Department of Veterans Affairs advising them of the Council's action. She felt that the petitioner, Mr. Luebeck, may have some legal action against them for selling this property. Mr. Herrick, City Attorney, stated that he did not know what discussion took place between the Department of Veterans Affairs and Mr. Luebeck, but he could certainly write a letter to them. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to direct staff and the City Attorney to send a letter to the Bepartment of Veterans Af£airs reaffirming the City's letter of April 1, 1991 and acknowledging the fact that this item came before the Council as a non-conforming use, and the request for the variances to improve the property was denied. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. APPROVE A JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA FOR RECONSTRUCTION OF COUNTY STATE AID HIGHWAY N0. 6 BETWEEN CENTRAL AVENUE AND STINSON BOULEVARD (TABLED 5EPTEMBER 8, 19921: Mayor Nee removed this item from the table. Mr. Flora, Public Works Director, stated that the wording has been corrected in this agreement, and he requests that the Council consider entering into this joint powers agreemen�. MOTION by Councilman Schneider to direct the Mayor and City Manager to execute this Joint Powers Agreement with Anoka County for reconstruction of County State Aid Highway No. 6 between Central Avenue and Stinson Boulevard. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 6. RESOLUTION NO. 72-1992 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO THE NEW BRIGHTON DUCKS UNLIMITED: Mr. Pribyl, Finance Director, stated that this is an application � for exemption from a lawful gambling license for the New Brighton Ducks Unlimited organization to hold a raffle on October 28, 1992 at the Knights of Columbus Hall. � � � 27 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 21, 1992 PAGE 7 MOTION by Councilman Schneider to adopt Resolution No. 72-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. A. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETiNG OF SEPTEMBER 9. 1992: SPECIAL USE PERMIT REOUEST, SP #92-09, BY NANCY AND PATRICK THOMPSON. TO ALLOW A SECOND ACCESSORY BUILDING OVER 240 SQUARE FEET, GENERALLY LOCATED AT 851 WEST MOORE LAKE DRIVE N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a special use permit to allow a second accessory building over 240 square feet to be constructed to the rear of this property. She stated that on the lot there is an existing single family home with an attached garage, and the second accessory building would be 22 by 24 feet. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with four stipulations which she outlined. Councilman Schneider asked if the primary use of this building would be to store a recreational vehicle. Ms. Thompson, the petitioner, stated that the recreational vehicle is stored at their neighbor's. She stated that this garage would be used to house their three vehicles. Councilman Schneider stated that his concern is not with the building but the two driveways onto West Moore Lake Drive. I-Ie stated that if other residents have a similar request, this may be a problem with the amount of driveways onto West Moore Lake Drive. Ms. Thompson stated that the driveway would be less than ten feet wide until it gets beyond the back of their home. Mayor Nee stated that he shares Councilman Schneider's concern in that there may be an entire street with two driveways to each home. Councilman Schneider asked Ms. Thompson if she had considered building on the other side of her home. Ms. Thompson stated that there isn't room because she is only six feet from the property line. Councilwoman Jorgenson asked if there is a"paper" easement for an alley to the rear of the property. Ms. Thompson stated that there was an easement. � � � 28 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 21, 1992 PAGE 8 Councilwoman Jorgenson felt that it would make more sense to install an alley behind the homes. She stated that she also is concerned with having all these driveways onto West More Lake Drive if other residents make a similar request. Ms. Dacy stated that there may be a drainage and utility easement behind the properties. She stated that when the area was developed, it was not anticipated that an alley would be installed to the rear of the properties. Ms. Thompson stated that she was not sure what type of easement was behind her property. Councilman Schneider asked if there was a way to stipulate that residents would have to share a driveway in the event others in the area had a similar request. Mr. Aerrick, City Attorney, stated that if this is adopted as a policy of the Council, the setback would have to be waived and the driveway would be allowed on the property line. He stated that he did not know how the adjacent home is situated on the lot and if there would be sufficient space. He felt that it would be complicated to allow both this property and the adjacent propert}� to use a driveway that is entirely on this property. He stated that it probably could be done, but it would take the consent of both parties. Ms, Dacy stated that the driveway could go to the lot line if both parties agree. She stated that there are a number of lots in Fridley that have a shared driveway. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant Special Use Permit Request, SP #92-09, with the following stipulations: (1) the accessory building shall be architecturally compatible with the existing dwelling unit; (2) the petitioner shall provide a hard surface driveway by August 1, 1993; (3) the accessory structure may not exceed 14 feet in height; and (4) the accessory structure may not be used to conduct a home occupation as defined in Section 205.03.34 of the Fridley City Code. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider requested staff to research what other communities are doing in regard to multiple driveways. MoTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of September 9, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � 29 FRIDLEY CITY CQUNCIL MEETING OF SEPTEMBER 21, 1992 PAGE 9 8. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 18, 1992: A. VARIANCE REOUEST, VAR #92-16, BY JOHN RAINVILLE. TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 23 FEET; TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 9 FEET. GENERALLY LOCATED AT 6700 ANOKA STREET N.E.: Ms. Dacy, Community Development Director, stated that this is a request for variances for reduction of the front yard and side yard setbacks to allow the construction of a home at 6700 Anoka Street N.E. She stated that when this item was presented to the Appeals Commission in July and August, the request was to reduce the front yard setback from 35 feet to 13 feet and to reduce the side yard setback from 10 feet to 1 foot. Ms. Dacy stated that the Appeals Commission recommended denial of the front yard setback and approval of the side yard setback. Ms. Dacy stated that since the Appeals Commission meeting, the petitioner has revised the site plan and requested a reduction in the front yard setback from 35 to 23 feet and a reduction in the side yard setback from 10 feet to 9 feet. She stated that today the petitioner brought in a registered survey which shows the topoqraphia contours of the lot. Ms. Dacy stated that the petitioner is now requesting his variance be amended to reduce the front yard setback from 35 feet to 21 feet and to reduce the side yard setback from 10 feet to 7 feet. Ms. Dacy stated that the setback of the proposed garage on the southeast portion of the lot is 30 feet from the lot line and 20 feet from the curb. She stated that the revised site plan has the benefit of providing enough area in front of the garage to park a car. Ms. Dacy stated that staff is recommending that Council consider this particular site plan for approval. She stated that the proposed plan takes advantage of most of the flat area for the north edge of the home. If it is built in an east/west direction, it would be farther down the slope and would require more fill and regrading of the property. She stated that the proposed walkout design of the home would work with the contours of the lot as opposed to having to crosscut on the grade to meet the 35 foot front yard setback. She stated that the petitioner has indicated he would install an additional two courses of block in order to match the grade of the slope and minimize the amount of filling and cutting along the slope. Ms. Dacy stated that this home design is typical of a cul-de-sac as opposed to an east/west alignment which would not be typical to the area. She stated that if the home was constructed on an east/west alignment the homeowner to the south would be looking at a 40 foot long home. � � 30 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 21, 1992 PAGE 10 Ms. Dacy stated that when the petitioner originally submitted his plans there was concern regarding the iot and the grade of this property. She stated that a number of plans have been considered, and the petitioner will comply with the stipulations and have a geo-technical survey completed. She stated that there is a legitimate alternative to meet the setback requirements, but because of the topography of the lot staff felt granting the variance would be in the spirit and intent of the Code and minimize the environmental damage to the property. Ms. Dacy requested that the Council consider the amended request for a variance from the front yard setback from 35 to 21 feet and for a reduction in the side yard setback from l0 to 7 feet. 5he stated that staff recommends approval with five stipulations which she outlined. She stated that the neighboring residents were notified of the earlier changes, but staff was unable to notify them of the changes made late this afternoon. Councilman Schneider stated that staff had originally recommended denial of these variances. Ms, Dacy stated that the denial was based on the original site plan which has since been revised. She stated that the recommendation for denial was based both on the variances requested and the angle of the home on the property. She stated that the garage was located suah that a car could not be parked in front of it. Councilman Schneider asked if there were other areas in the City on a cul-de-sac where similar variances may have been granted. Ms. Dacy stated that there were twelve requests for front yard variances on interior lots within the last three years. She stated that one was withdrawn, one was denied, and the others were approved. Councilman Schneider stated that he received a phone call from the neighbors at 6680 Anoka Street, Mr. and Mrs. Cyrus, indicating that they were opposed to these variances. Councilman Schneider stated that he was concerned about the severity of the front yard setback, and he asked about the geo-technical survey. Mr. Rainville, the petitioner, stated that the reason this plan has changed was due to the concerns and also that the driveway was too short. He stated that as far as the setbacks, in one sense, he is 30 feet from the garage door to the curb. He stated that there are two homes in the area where the setbacks are approximately 3o feet. � Mr. Rainville stated that the site plan is different than what was proposed, and he will obtain a geo-technical survey which is a topographical survey. He stated that soil samples will be taken to determine if he can build on this site. � 31 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 21, 1992 PAGE 11 Councilman Schneider asked if there would be a structural engineer reviewing the plans so that they meet accepted engineering principles. Mr. Rainville stated that the design architect will incorporate everything into the plans once the geo-technical report is received. Councilman Schneider felt that regarding a certificate from the the building plans are adequateo a stipulation should be added structural engineer to indicate Mr. Rainville stated the neighbors are concerned that this lot cannot be built on, but he stated he did not want to fall prey to a phrase that is not built on facts. He stated that it is in his interest, as well as the City's, to have everything go well. Mr. Rainville stated that the variance request has changed in the last several weeks because of the topographical survey. He stated that this revised site plan is the best possible scenario for the lot. Councilman Schneider stated that his concerns are that staff has changed their opinion, and the Appeals Commission recommended � denial. He stated that the public and the immediate neighborhood, were notified of this meeting, but the fact still remains that the request has changed from the original proposal. ' Mr. Rainville stated that the di££erenca in this proposal and the one several weeks ago involves two feet. Councilwoman Jorgenson stated that she walked the property, and from the curb back to approximately 23 feet is where the slope begins, and it drops down fast. She stated that directly to the south there seems to be a great deal of soil erosion. She stated that there is not a lot of vegetation there now except for scrub trees. Mr. Rainville stated that this issue would be addressed. He stated that since this was graded in the early 1960's, erosion has been taking place. He stated that people may say steps have been taken to do something about it, with the railroad ties and grass clippings, but this has choked out the vegetation. Mr. Rainville stated that he knows this plan is workable with a front yard setback of 21 feet and a side yard setback of 7 feet. Councilwoman Jorgenson asked the City Attorney about the City's liability if a building permit were issued and the home slides into the ravine. Mr. Herrick stated that there are ample cases which state that the City granting a building permit does not insure the quality or 32 FRIDLEY CITY COUNCIL MEETING OF SEPTEMSER 21. 1992 PAGE 12 � inteqrity of the structure. He stated that he is ttot saying the City should not be careful in making sure structures are solidly built, but the City is not guaranteeing or insuring that if the property fails, the City has any responsibility. Councilwoman Jorgenson stated that after walking the property, it did not appear this lot would provide a good foundation for a home. Mre Herrick stated that once the soil borings have been taken, the builder and architect will have to convince the Acting Building Inspector that the soil can support a solid foundation for the home before a building permit is granted. He stated that he did not believe the petitioner would want to build the home if there was a chance it would slide into the creek. Mr. Rainville stated that he can understand Council's apprehension regarding the soil, as it was brought to the site. He stated that the geo-technical survey will expose any deficiencies in the land. Councilman Billings asked what was contained in the hold harmless agreement. Ms. Dacy stated that this agreement was the "extra insurance policy" in case the home did slide down the hill, the City would � be held harmless. Councilman Billings asked if this hold harmless agreement would be filed with the County, so future owners are aware it exists. Ms. Dacy stated that it was the �ntent to file this agreement with the County. Councilman Billinqs stated that in addition to the hold harmless agreement noti£ying potential future owners that the City would have no responsibility, the City Attorney has also indicated that the City does not have a responsibility. Councilman Billings stated that front yard variances were granted for two homes on Fillmore where there is a steep slope. xe stated that he cannot recall this lengthy of a discussion for these particular varianoes. He stated that if there ever was a lot that truly deserves a variance, in accordance with the State statutes, it is this one. Mr. Kevin Cyrus, 6680 Anoka Street, stated that he is concerned with the drainage problems for the rest of the block if this home is constructed. Mr. Flora, Public Works Director, stated that the storm water plan � would be reviewed along with the buildinq permit. He stated that the Rice Creek Watershed District will also be makinq improvements in this area and re-routing the creek channel. He stated that the water runoff will come down the street. � � �J 33 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 21, 1992 PAGE 13 Councilman Schneider asked Mr. Cyrus for his comments regarding this revised site plan. Mr. Cyrus stated that he belfeved the setbacks should be the same as for the other homes and should be in compliance with the City Code. He felt that there was not stable, solid ground on this lot, and he objected to the variances requested. Councilman Schneider stated that the plan has changed, but he is not sure what purpose would be served to send it back to the Appeals Commission. He stated that the structure issue is only one that an engineer can solve. MOTION by Councilman Schneider to grant Variance Request, VAR #92-16, to reduce the front yard setback from 35 feet to 21 feet and to reduce the side yard setback from 10 feet to 7 feet, as per the site plan submitted to the Council this evening and, if there are any changes, this item would come back to the Council. Further, the variance is subject to the following stipulations: (1) the petitioner shall complete a geo-technical survey prior to the issuance of a building permit; (2) the petitioner shall apply for and receive a permit from the Rice Creek Watershed District prior to receiving a building permit from the City; and the petitioner shall comply with all conditions of said permit; (3) the petitioner shall install erosion control measures during and after construction as required by the City or the Rice Creek Watershed District; (4) the petitioner shall install rain gutters on the dwelling which shall drain towards the street; (5) the petitioner shall sign an agreement which will hold the City harmless for any damages to the dwelling or the property; and (6) all plans shall be approved by a structural engineer and submitted to the City for review by the Engineering, Community Development, and Building Inspection departments. Seconded by Councilman Billings. Upon a voice vote, Councilman Schneider, Councilman Billings, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 9. EXTENSION OF VARIANCE RE4UEST, VAR #91-29, BY SKYLINE VETERINARY HOSPITAL. GENERALLY LOCATED AT 6220 HIGHWAY 65 N.E.• Ms. Dacy, Community Development Director, stated that Skyline Veterinary Hospital has requested an extension of their variance for one year or until October 22, 1993. MoTION by Councilwoman Jorgenson to approve the extension of Variance Request, VAR #91-29, for one year or until October 22, 1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � 34 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 21, 1992 PAGE 14 10. RECEIVE THE 1993 BUDGET FOR THE NORTH METRO CONVENTION AND TOURISM BUREAU: MOTION by Councilman Fitzpatrick to receive the 1993 budget for the North Metro Convention and Tourism Bureau. Seconded by Councilman Billingse Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye 11. APPROVE TRAFFIC CONTROL SIG�AL AGREEMENT NO. 69857 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, AND THE COUNTY OF ANOKA. AND THE CITY OF FRIDLEY, FOR TRAFFIC CONTROL SIGNAL IMPROVEMENTS AT THE INTERSECTION OF UNIVERSITY AVENUE (STH 471 AND MISSISSIPPI STREET: MOTION by Councilman Fitzpatrick to approve traffic control signal agreement No. 69857 between the City, State, and County and authorize execution of this agreement by the Mayor and City Manager. Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RECEIVE BIDS AND AWARD CONTRACT FOR ELECTRICAL CONVERSION OF WELLS NO. 2, 4, 5, 6 AND 7, PROJECT NO. 238: MOTION by CouncilWOman Jorgenson to receive the bids for Project No. 238: Killmer Electric 9702 85th Ave. N. Maple Grove, MN 55369 Aid Electric Service 7101 Hiqhway 65 N.E. Fridley, MN 55432 Royal Electric, Inc. 7401 Central Ave. N.E. Fridley, MN 55432 Bacon's Electric, Inc. 6525 Central Ave. N.E. Fridley, MN 55432 Mark J. Traut Wells, Inc. 151 72nd Ave. S. Sto Cloud, MN 56301 Arcade Electric Co., Inc. 608 E. County Road D St. Paul, MN 55117 $ 94,725.00 $114,621.00 $115,000.00 $115,740.00 $119,835.00 $123,777.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' � � 35 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 21. 1442 PAGE 15 Mr. Flora, Public Works Direotor, stated that six bids were received for this electrical conversion project for Wells No. 2, 4, 5, 6 and 7, and the low bidder was Killmer Electric for $94,725. He stated it is recommended that the contract be awarded to Killmer Electric for this project. MOTION by Councilman Schneider to award the contract for the Electrical Conversion of Wells No. 2, 4, 5, 6 and 7, Project No. 238 to the low bidder, Killmer Electric in the amount of $94,725.00. Seconded by Councilwoman JoYgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated that she wished to compliment staff for pursuing the Northern States Power rebate for this electrical conversion project. 13. APPROVAL CHANGE ORDER NO. 1 TO THE 1992 STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1& 2 FOR HATHAWAY LANE RECONSTRUCTION: Mr. Flora, Public Works Director, stated that there is a 300 foot section of street on Hathaway Lane which has been subject, in the past, to frost heaving. He stated that in order to fix this problem, it will be necessary to remove the existing asphalt and subgrade and replace it with a new section of street. He stated that if this problem is not addressed at this time, it may ruin the integrity of the new asphalt overlay and continue to crack and buckle the asphalt. Mr. Flora requested that Council consider this change order to correct the problem on Hathaway Lane. MOTION by Councilman Schneider to approve Change Order No. 1 to the 1992 Street Improvement Project No. ST. 1992 - 1& 2 with Northwest Asphalt, Inc. in the amount of $12,642.00. Seconded by Councilwoman Jorgenson. Councilman Billings asked if there are streets included in the 1993 improvement pro7ect where a similar problem may be encountered. Mr. Flora stated that he is not aware of such a problem. Councilman Hillings felt that the 1493 pro�ects should be reviewed and, if necessary, soil borings taken so it is not necessary to have change orders. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � � � 36 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 21. 1992 PAGE 16 14. RESOLUTION NO. 73-1992 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR THE 1992 SERVICE CONNECTIONS: MOTION by Councilman Schneider to adopt Resolution No. 73-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION N0. 74-1992 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1992 SERVICE CONNECTIONS: MOTION by Councilman Schneider to adopt Resolution No. 74-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 75-1992 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROSECT NO. ST. 1991 - 1 & 2: MOTION by Councilman Fitzpatrick to adopt Resolution No. 75-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 76-1992 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. ST. 1991 - 1& 2: MOTION by Councilman Schneider to adopt Resolution No. 76-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. MOTION TO ACCEPT THE RESIGNATION OF RICHARD STORLA FROM THE REGIONAL SENIOR CITIZENS CENTER TASK FORCE: AND APPOINTMENT TO THE REGIONAL SENIOR CITIZENS CENTER TASK FORCE: Mayor Nee stated that there was a request from members of the Senior Citizens Center Task Foroe to replace a member. He stated that he has been in contact with Mr. Storla, who has been out of town all summer, and Mr. Storla stated that he would like to resign from the Task Force so that a replacement can be named. MOTION by Councilwoman Jorgenson to accept Mr. Storla�s resignation from the Regional Senior Citizens Center Task Force. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye Councilman Fitzpatrick stated that it is becoming difficult for him to attend the meetings of the Senior Center Task Force, and he believed there are others who are willing to be appointed to serve in this capacity. He stated that he also wished to resign from this committee. ' ' 37 ERIDLEY CITY COUNCIL MEETING QF SEPTEMSER 21, 1992 PAGE 17 The Council accepted Councilman Fitzpatrick's resignation from the Regional Senior Citizens Center Task Force. Councilwoman Jorgenson stated that she understands there are now two vacancies to be filled. She stated that both Christine Gerrety and Pearl Hicks have been attending these meetings and moved the following: MOTION by Councilwoman Jorgenson to nominate Christine Gerrety and Pearl Hicks to fill the vacancies on the Regional Senior Citizens Center Task Force. There being no further nominations, the nominations were closed by Mayor Nee and an unanimous ballot was cast for the appointment of Christine Gerrety and Pearl Hicks to the Regional Senior Citizens Center Task Force. 19. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. Mayor Nee requested information on the effectiveness of the bicycle patrol in regard to the problems Mr. Smith brought up pertaining to juvenile violence. 20. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 45324 through 45576. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. ESTIMATES: MQTION by Councilman Fitzpatrick to approve the estimates as submitted: Bituminous Roadways, Inc. 2825 Cedar Avenue South Minneapolis, MN 55407 � Street Improvement Project - Sealcoating Project No. ST. 1992 - 10 FINAL ESTIMATE . . . . . . . . . . . . . . $13,949.16 ' � 1 38 FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 21, 1992 PAGE 18 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of August, 1992. .. o... e 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 August, 1992. ... Northwest Asphalt 1451 County Road No. 18 Shakopee, MN 55379 Street Improvement No. ST. 1992 - 1 & Estimate No. 1 . . , $ 3,098.31 . $11,692.50 Project 2 . . . . . . . . . . . . . $14,696.50 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilmatt Schneider. Upon a voice vote, all votittg aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 21, 1992 adjourned at 9:47 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor � OCTOB___ ER 5� 1992 The Regular Meetinq of the Fridley City CounCil at 7:38 p.m, by Mayor Nee. PLEDGE OF ALLEGIANCE: 39 was called to ordel Mayor Nee led the Council and audience in the Pledge of AlleqianCe to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Mayor Nee, Councilwoman Jorgenson councilman Billings, Councilman Schneider and councilman Fitzpatrick None PRESENTATION OF PROCLAMATIONS: FIRE PREVENTION WEEK - OCTOBER 4- 10, 1992: Mr. Burns, City Manager, read this proclamation for Fire Prevention Week, October 4-10, 1992. � Mayor Nee issued the proclamation and invited all Fridley citizens to visit the City's three fire stations on Saturday, October 10 from 1:00 to 5:0� p.m. He stated that special programs will be held at the University Avenue Fire Station. Mayor Nee presented this proclamation to Fire Chief McKusick. Mr. McKusick stated that there would be a lot of entertainment for both young and old at the fire station open house. COP+Q4iTNITY CABLE TELEVISION MONTH - OCTOBER. 1992: Mr. Burns, City Manager, read this proclamation, and Mayor Nee issued the proclamation proclaiming the month of october, 1992 as Community Cable Television Month in the City af Fridley. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 21, 1992: MoTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �