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10/04/1993 - 00005231� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 4, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:38 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, and Councilman Schneider MEMBERS ABSENT: Councilman Fitzpatrick PRESENTATION OF PROCLAMATION: LOCAL CABLE PROGRAMMING WEEK - OCTOBER 3- 9, 1993: Mayor Nee read and issued a proclamation proclaiming the week of October 3 through 9, 1993 as Local Cable Programming Week. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Mr. Flora, Public Works Director, requested that Item 16 be removed from the agenda. MOTION by Councilman Schneider to amend the above motion to delete Item 16 from the agenda. Seconded by Councilman Billings. 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. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 1. PUBLIC HEARING ON REZONING REQUEST. ZOA #93-01, BY OLIVER TAM, TO REZONE PROPERTY FROM C-3, GENERAL SHOPPING CENTER, TO R-3, GENERAL MULTIPLE �WELLING. ON PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E. iCONTINUED FROM SEPTEMBER 27, 1993): MoTION by Councilman Schneider to re-open this public hearing on Rezoning Request, ZOA #93-01. Seconded by Councilwoman Jorgenson. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 2 � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that the petitioner, Oliver Tam, requested that this item be continued to october 18, 1993, MOTION by Councilman Schneider to continue this public hearing to October 18, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING ON PRELIMINARY PLAT REQUEST, P.S. #93-03, BY OLIVER TAM. TAM ADDITION, TO REPLAT PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E. (CONTINUED FROM SEPTEMBER 27, 1993 : MoTION by Councilman Schneider to re-open this public hearing on Preliminary Plat Request, P.S. #93-03. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that the petitioner, Oliver Tam, requested this item be continued to October 18, 1993. � MOTION by Councilman Schneider to continue this public hearing to October 18, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Dlrector, stated that the affected property owners would be renotified that these public hearings were continued to the October 18, 1993 Council meeting. OLD BUSINESS: 2. ORDINANCE N0. 1019 AMENDING CHAPTER 113, "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION," BY AMENDING SECTION 113.07, AND CHAPTER 11, "GENERAL PROVISIONS AND FEES," FOR SOLID WASTE PROGRAMMING FEE, BY AMENDING SECTION 113: MOTION by Councilwoman Jorgenson to waive the reading of Ordinance No. 1019, adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO. 1020 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT BROAD AVENUE AND LAFAYETTE STREET)(TABLED SEPTEMBER 27, 1993): � MOTION by Councilman Billings to remove this item from the table. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 3 MOTION by Councilman Billings to waive the reading of Ordinance No. 1020, adopt it 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. 4. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF SEPTEMBER 14, 1993 fTABLED SEPTEMBER 27, 19931: A. VARIANCE REQUEST, VAR #93-23, BY ST. PHILIP'S LUTHERAN CHURCH, TO ALLOW THE AISPLAY OF A TEMPORARY SIGN FOR MORE THAN TWO WEEKS, GENERALLY LOCATED AT 6180 HIGHWAY 65 N.E. (TABLED SEPTEMBER 27, 1993): MOTION by Councilman Schneider to remove this item from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that the petitioner is requesting a variance to the temporary sign ordinance. She stated that the sign ordinance limits temporary signs to a two-week time period. St. Philip's would like a temporary sign for three years. Ms. Dacy stated that the Appeals Commission unanimously recommended � denial of this request. She stated that the Commission felt the variance did not meet the test as outlined in the sign ordinance, and the time period was too long. Counczlman Billings asked the size of the sign. Ms. Dacy stated that the existing brick sign is 5.5 feet by 14 feet, and the message area is 24 square feet. She stated that the sign for which the temporary permit is requested is 46 square feet in area. Councilman Billings stated that even though the zoning on the church property is residential, the rest of the intersection is zoned commercial, and an 80 square foot sign would be permitted in a commercial area. He stated that a church in a residential area receives different treatment than other structures from the standpoint that there are different setback and parking requirements that do not normally exist in a residential zone. Councilman Schneider felt that if this variance was approved, it may set a precedent, and other churches that are located in a residential zone may request signs. Mayor Nee stated that if the sign were devoted to the fund raising program, he felt it should be located next to the church He did 1 not see the need for highway exposure. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 4 � Ms. Jennifer Prasek, representing St. Philip's Church, stated that the primary purpose of the sign is not to raise funds, but to serve as a reminder to the congregation that the church is in this fund- raising campaign. She stated that the sign would also serve as a welcome to persons in the community and as an invitation to participate in their services. Mayor Nee stated that perhaps the existzng sign could be replaced with this temporary sign. Ms. Prasek stated that the permanent sign is very ineffective and difficult to read. She stated that the plantings surrounding the sign actually hide it from some directions, and it is more an identification sign as opposed to a sign of letting people know the times of worship. Councilwoman Jorgenson asked when the temporary sign was installed, and if the church had previously requested a variance for the sign. Ms. Prasek stated that she believed the sign was installed around Sune, and approval was received to install the sign, however, their manager was not aware of the time period for the sign. She stated that she was surprised that the temporary sign was only for two weeks. � Councilwoman Jorgenson stated that when the temporary sign was approved, the Council requested that a letter be sent to the church stating it was for a two-week period. She stated that she did not know who received the letter. Ms. Prasek stated that she did not see such a letter, but this could have been why it was interpreted that they needed to come back to Council for an extension. Ms. Dacy stated she understands that the sign was allowed for a four-week period, and the church was notified that if the sign was to remain beyond this time period they needed to apply for a variance. She stated that the church has been allowed more time than what is typically provided in the ordinance. Mr. Herrick, City Attorney, stated that he felt it would 6e better for the church to apply for a variance to increase the square footage for a sign rather than a variance for a three-year temporary sign. Councilman Billings stated that the Appeals Commission was concerned that a precedent might be set, but there may be no other situations where there is a church located in an R-3 zone that is surrounded by commercial development. He stated that this piece � of property is unique from almost any other church site in the City. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 5 � Ms. Prasek stated that if it makes more sense to request a variance for the amount of square footage of their signs, the church would be willing to apply for the variance. Mr. Burns, City Manager, asked if the variance would be for the size of the sign or for a second, detached sign. Ms. Dacy stated that there are two options. She stated that there could be a variance request for the amount of square footage for both signs, which is not to exceed 80 square feet. The other option is a wall sign variance. Ms. Prasek stated that if the Council would agree to a shorter time period for the temporary sign, such as one year, this would be acceptable to the church. Councilwoman Jorgenson stated that she has a difficult time determining how this variance could be granted without setting a precedent. She stated that it appears the Council has to look at how square footage for signs is allotted for churches and non- profit organizations. Councilman Billings stated that he views this as a non-traditional residential use in a residential zoninq district, and he felt there � are times when exceptions need to be made to the sign code. He pointed out that the variance which was approved for a sign for a home day care on East River Road was in a residential zoning district. He stated that perhaps there should be a variance to the square footage. Councilman Schneider stated that he would be more comfortable with a variance on the square footage than with an extension of the temporary sign. MOTION by Councilman Billings to table this item to the October 18, 1993 Council meeting at which time staff should submit a revised proposal and, further, to extend the time of the temporary sign to allow it to remain until this issue is resolved. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REQUEST. VAR #93-24, BY CECELIA ROSFNBERG, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 22 FEET TO CORRECT AN EXISTING ENCROACHMENT, AND TO ALLOW THE CONSTRUCTION OF A SINGLE CAR GARAGE WHEN A TWO CAR GARAGE IS REQUIRED, GENERALLY LOCATED AT 71 63-1/2 WAY N.E. (TABLED SEPTEMBER 27, 19931: MOTION by Councilwoman Sorgenson to remove this item from the table. Seconded by Councilman Schneider. Upon a voice vote, all � voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 6 � Ms. Dacy stated that this variance consists of two parts: to reduce the front yard setback and to construct a single car garage when a two car garage is required. She stated that there is a single family home on the property, and the petitioner wants to construct a one car garage. Ms. Dacy stated that the Appeals Commission unanimously recommended approval of the encroachment portion of the variance but denied the variance for a one car garage. Ms. Rosenberg, the petitioner, stated that the home is very narrow, and constructing a two car garage would make it seem out of proportion. She stated that about 2D percent of the homes in the area do not have a garage; 25 percent have a one car garage; and 55 percent have a two car garage. She stated that if a two car garage was constructed, it would be located very close to the home and block out the daylight. She stated that if a two car garage was constructed to the rear of the property, it would mean a 100 foot driveway, and thls expense would not be economically feasible. Councilwoman Jorgenson asked Ms. Rosenberg if she intended this home to be her residence. � Ms. Rosenberg stated that one of her children may live there or else she would sell or rent it. Councilwoman Jorgenson stated that the problem is that persons often have more than one vehicle per household and may need the additional space for another vehicle or for starage. Councilwoman Sorgenson asked Ms. Rosenberg i£ she anticipated that there may be an addition to the home in the future. Ms. Rosenherg stated that she doubted there would be an addition, as there have been several additions since it was originally constructed. Councilman Schneider asked Ms. Rosenberg if she was aware that a double car garage was required when she purchased this home. Ms. Rosenberg stated that she was not aware that a double car garage would be required. Councilman Billings stated that the goals and ob7ectives of the City is to provide two car garages, and it is probably in the best interests of the City that the variance for the one car garage be denied � Councilwoman Jorgenson suggested that perhaps a longer period of time could be given for the owner to provide a hard surface driveway to ease the financial burden. She asked if the City could � L_J FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 7 require the property owner to construct a garage if there was not one on the property when she purchased it. Mr. Herrick stated that the City can require a double car garage, but if the variance request for a single car garage is denied and the property owner chooses not to build any garage, he would have to check further to determine if the City can require that a qarage be constructed. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant that portion of Variance Request, VAR #93-24, to reduce the front yard setback from 35 feet to 22 feet and deny that portion of the variance to allow construction of a single car garage when a two car garage is required. Seconded by Councilman Billings. Upon a voice vote, Councilman Schneider, Councilman Billings, and Mayor Nee voted in favor of the motion Councilwoman Jorgenson voted against the motion, Mayor Nee declared the motion carried. 5. RESOLUTION N0. 77-1993 REVOKING MUNICIPAL STATE AID STREETS (TABLED SEPTEMBER 27, 1993): MOTION by Councilman Schneider to remove this item from the table. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that the City is attempting to maximize the Municipal State Aid (MSA) mileage authorization for the City in order to obtain maximum £unds and establish the ability to complete the MSA system. He stated that the streets proposed to be deleted as Municipal State Aid Streets are portions of Arthur Street, Ironton Street, Ashton Avenue, and Glst Avenue. Mr. Flora stated that Arthur Street cannot be extended to Rice Creek Road due to development that has occurred. He stated that the Council has taken the position that Ironton Street will not be improved or expanded and the Ashton Avenue/Ironton Street loop should be removed from the MSA system. He stated that the portion of 61st Avenue between Main Street and East River Road that is unbuildable is being removed. MOTION by Councilman Schneider to adopt Resolution No. 77-1993. Seconded by Councilwoman Jorgenson. Councilman Billings asked if the City must reimburse the state if streets are removed from the MSA system and the City has used these funds for the streets. Mr. Flora stated that the City may have to return some funds relating to Ashton Avenue. He stated that this would be a � negotiable item with the state based on the amount of funds expended and the amount of time that has elapsed since these funds were received. He stated that the amount the City may have to � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE S refund to the state would be based on the cost of the street and when it was constructed. Mayor Nee stated that if this were the case, it would come out of the MSA funds. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Ken Sahnow, 196 Ely Street, asked what happens when a street is designated as a State Aid street and then this designation is removed. Mr. Flora stated that the street becomes a City street and is still maintained by the City regardless if it is or is not designated as an MSA street. 6. RESOLUTION NO. 78-1993 ESTABLISHING MUNICIPAL STATE AID STREETS (TABLED SEPTEMBER 27, 1993): MOTION by Councilman Schneider to remove this item from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Mr. Flora, Public Works Director, stated that the designation of Municipal State Aid streets involved are Squire Drive, Camelot Lane, Stinson Boulevard, 79th Way, Riverview Terrace, and Kimball Street. He stated that with the TCAAP system, Squire Drive and Camelot Lane will be reconstructed to MSA standards. He stated that Stinson Boulevard is proposed to be upgraded between 73rd Avenue and Osborne Road. He stated that the City has informally requested the Minnesota Department of Transportation to designate 79th Way, Riverview Terrace, and Kimball Street as an MSA route to support the Great River Road system and to provide for a collector s�reet in this area. MOTION by Councilman Schneider to adopt Resolution No. 78-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 79-1993 IN SUPPORT OF FUNDING FOR CAPITAL PROJECTS OF HUMAN SERVICES ORGANIZATIONS (TABLED SEPTEMBER 27, 1993 : MOTION by Councilman Billings to remove this item from the table. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrzed unanimously. MOTION by Councilman Billings to adopt Resolution No. 79-1993. � Seconded by Councilman Schneider. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 9 Mr. Burns, City Manager, stated that this resolution supports funding for capital projects of non-profit organizations. He stated it is recognized that these organizations contribute to resolving health and human service problems in the City. He stated that in order to assist these organizations, it is recommended that some funding for capital projects be set aside to create or improve facilities that house human service programs. Mr. Burns stated that this resolution designates $10,000 from the 1993 General Fund for the construction of a new 24-hour emergency shelter by Alexandra House, and the Council would establish a$25,000 budget line item for human services capital pro�ects in 1994. He stated that the resolution also establishes a process for reviewing applications and selecting projects for funding. Councilman Schneider stated that this resolution was drafted by Councilman Billings and City staff to provide a process to deal with the requests for funding from human service organizations in a fair manner. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion ca�ried unanimously. 8. RESOLUTION NO. SO-1993 PROVIDING FOR SEWER RATE INCREASES: � Mr. Pribyl, Finance Director, stated that this resolution would allow for an increase in the sewer rates. kIe stated that the City has experienced a dramatic increase in the actual sewage disposal costs. He stated that since 1987, there has been a 128 percent increase from the Metropolitan Waste Control Commission (MWCC) and a 2S percent increase from the City. He stated that the proposed rate of $1.67 is composed of an MWCC portion of $1.32 and a C1ty portion of 35 cents. � Mr. Pribyl stated that it is recommended that the billing process be changed based on volume and the winter water consumption. He stated that the rate would be $1.67 per 1,000 gallons, and 16,500 is the point at which there would be an increase for residential use. He stated that the average user would see a slight decrease in the rates. He stated that these rates place Fridley in the middle compared to rates charged by surrounding cities. Councilman Schneider asked what accounted for the rapid increase by the Metropolitan Waste Control Commission. Mr. Pribyl stated that there was a change in the meter, as the MWCC felt there were some incorrect readings. He stated that the City has seen an abnormal increase over the last two years associated with the new meter installation. Mr. Flora, Public Works Director, stated that there has been a substantial flow increase, and the recent rainfall events have not FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 1993 PAGE 10 � correlated with this increase. He stated that the City has some sump pump dumping which may add water to the system. Councilman Schneider asked how residents should drain sump pumps. Mr. Flora stated that the ideal situation would be to drain them into the back yard so the water can go into the ground. MOTION by Councilman Schneider to adopt Resolution No. 80-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 81-1993 APPROVING PLAT, P.S. #92-07, DOWDS ADDITION (BY GLACIER PARK COMPANY TO REPLAT PROPERTY GENERALLY LOCATED AT THE 4000 BLOCK OF EAST RIVER ROAD N.E.): Ms. Dacy, Community Development Director, stated that this parcel is part of the auto recovery facility ad�acent to East River Road. She stated that the petitioner, Mr. Dowds, who owns the auto recovery facility was leasing this small portion of property known as Glacier Park. She stated that in 1992, Glacier Park Company auctioned all their property, and Mr. Dowds acquired this parcel through the auction. She stated that the parcel had a metes and bounds description; however, it was never officially recognized by ' the County in terms of a subdivision. Ms. Dacy stated that at the December 14, 1992 Council meeting, there was concern that the lot area was �ust short of the minimum lot area requirements. She stated that Mr. Dowds has now obtained the additional property from the railroad to meet the lot area requirements. She stated that this resolution authorizes the plat of this property and the Mayor and City Manager to sign the plat so it can be recorded at the County. She stated that this plat is subject to two stipulations. Attached is Exhibit A to the resolution, which outlines payment of the park dedication fee and a formal request to Anoka County if another entrance to the parcel from East River Road is required. Mr. Dowds, the petitioner, stated that the ten acres to the south is financed by the bank. If he attaches this parcel, he has to have an environmental study. He statect that until he resolves the environmental issue with Burlington Northern, he does not want this to occur so that he does not lose his financing. MOTION by Councilman Schneider to adopt Resolution No. 81-1993, with the two stipulations attached as Exhibit A and which read as follows: (1) the petitioner shall pay a park dedication fee of $.023 per square foot, or $1,445.58 at the issuance of a building permit; and (2) a formal request shall be made to Anoka County if � another entrance to the parcel from East River Road is required. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 11 10. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 22. 1993: A. SPECIAL USE PERMIT REOUEST, SP #93-15, BY MARVIN AND KAREN JUST, TO ALLOW THE CONSTRUCTION OF A THREE SEASON PORCH ADDITION IN THE CRP-2 (FLOOD FRINGE) DISTRICT, GENERALLY LOCATED AT 661 CHERYL STREET N.E.: MOTION by Councllman Schneider to receive the letter from Marvin and Karen Just withdrawing this request for a Special Use Permit. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to remove this item from the agenda with no action required since the petitioners, Marvin and Karen Just, requested withdrawal of this Special Use Permit, SP #93-15. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Council received the minutes of the Planning Commission Meeting of September 22, 1993. 11. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF SEPTEMBER 28, 1993: A. VARIANCE REOUEST, VAR #93-26, BY LINDSTROM METRSC, INC., TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 15 FEET, TO ALLOW AN OUTSIDE LOADING DOCK IN THE FRONT YARD, IN ORDER TO ALLOW THE CONSTRUCTION OF A BUILDING EXPANSION, GENERALLY LOCATED AT 8101 ASHTON AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request for two variances: one is to reduce the rear yard setback from 25 feet to 15 feet; and the other is to allow an outside loading dock in the front yard in con�unction with expansion of a building at 8101 Ashton Avenue. She stated that there are two buildings existing on this property, Lindstrom Metric and Ace Dental, which is owned by Lindstrom Metric. She stated that Lindstrom Metric proposes to expand their warehouse by 1Q,Q00 square feet. Ms. Dacy stated that the Appeals Commission unanimously recommended approval of these two variances. She stated that the Commission noted that the location of the loading dock would permit more area for trucks to load and unload. Ms. Dacy stated that a number of persons in the neighborhood attended the Appeals Commission meeting. Questions were raised on the lot coverage and whether or not Ashton Avenue was designed to � handle this amount of traffic. Ms. Dacy stated that in answer to these questions, the lot coverage amounts to 34.3 percent of the lot. Ashton Avenue is an MSA street constructed to a nine ton FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 12 � design and can handle the truck traffic it receives. She stated that another question raised was in regard to the original zoning on this property. The property has been zoned M-1, light industrial, since 1958. Mr. Ken Sahnow, 196 Ely Street, stated that he lrves directly across the street from this property. He stated that the concern from the neighborhood is the expansion of the business which will add more traffic. He stated that another concern is that the addition of another loading dock, even though it is set back further from the street, will make four loading docks for this business. He stated that there is a loading dock on the leased building, two other loading docks, and this new one would make four for Lindstrom Metric. Mr. Sahnow stated the concern is that the truck traffic is going through residential areas to get to this business. He stated that there are three school bus stops alonq Ashton Avenue where the truck traffic goes through. He stated that there are no stop signs to slow the trucks down, and Ruth Circle Park is also in the area. Mr. Sahnow stated that it would be nice if the trucks could get into the area some other way. He suggested bringing traffic across the railroad tracks from the east. He stated that he did not know the cost involved or if it is feasible to do that. He felt that � the expansion and the additional loading docks would affect the neighborhood. Mayor Nee stated that the question of a new crossing over the railroad tracks is controlled by the State Public Service Commission, and they really oppose any new crossings. Mr. Sahnow asked if there is a way to minimize the number of loading docks and possibly close one when the new one is constructed. Mayor Nee stated that the number of loading docks is probably the least item that would affect the traffic. Mr. Virgil Lindstrom, the petitioner, stated that he is proposing expansion of the facility to add a packaging area and qualrty control lab. He stated that at the present time, there are two loading docks and two overhead doors. One of the loading docks will be moved He stated that there is an overhead door on the leased building where you can drive into the building from Ely Street and an overhead door on their building. He stated that there was a loading dock added at the leased space and it is the one they are using at the present time. He stated that this loading dock is not wide enough or long enough, and it is difficult for the trucks to back in and out. Mr. Lindstrom stated it zs � proposed that the existing loading dock at their buildzng will be closed, and a loading dock will be added to the north end of the building. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 1993 PAGE 13 � Mr. Lindstrom stated that he could not say the expansion would not add additional traffic. He stated that he can understand the residents' concern; however, six years ago this building was an eyesore for the neighborhood. He stated that if they moved the expansion closer to the road, a variance would not be necessary. Mr. Dan Super, 200 Liberty Street, questioned the location of the parking lot and asked if trucks would no longer be lined up on Ashton Avenue. Mr. Lindstrom stated that he could not say if the trucks would be on Ashton Avenue, but this expansion would help the situation. Mr. Super felt that an alternative crossing to get the trucks in and out of that area without going through the residential area should be considered. Mayor Nee stated that if the road to the east across the railroad tracks is opened to Ashton Avenue, there may be more truck traffic. Mr. Super stated that there are a lot of commercial vehicles in the area, and the children catch the school bus at 79th Way and Ashton Avenue. Traffic has definitely increased. � Mr. Flora, Public Works Director, stated that the only way to obtain support from the railroad for a crossing is to construct a bridge. Councilwoman Jorgenson asked if an additional right-of-way would be needed if a bridge was constructed. Mr. Flora stated that there is not sufficient right-of-way on 81st Avenue west at Hickory Street for a full width street. Mr. Herrick, City Attorney, stated that in the past, the City got nowhere in trying to obtain crossings. He felt that it would be even harder now to try to obtain a crossing, and it would be questionable if it would be worth tl-ie effort. Mr. Super asked if the City could monitor the traffic on Ashton Avenue as to commercial traffic in the area MOTION by Councilman Schneider to concur with the unanimous recommendation of the Appeals Commission and grant Variance Request, VAR #93-26, to reduce the rear yard setback from 25 feet to 15 feet and to allow an outside loading dock in the front yard. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Schneider to request staff to monitor traffic on Ashton Avenue. Seconded by Councilwoman Jorgenson. Upon a � � ' FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 14 voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to request staff to explore the State of Minnesota's current policy regarding grade crossings, not only for this location, but other locations discussed in the past such as 73rd Avenue and 61st Avenue, to determine if there are any changes in their policy. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. REQUEST TO AUTHORIZE RELOCATION PAYMENTS FOR RESIDENTS OF 6070 AND 6074 CENTRAL AVENUE N.E.: MOTION by Councilman Schneider to concur with staff's recommendation and authorize the City Manager to approve relocation payments to Gary Lenart and Peter Berger in a total amount not to exceed $11,000. Seconded by Councilwoman Jorgenson. Councilman Billings asked when the funds would be expended. Ms. Dacy, Community Development Director, stated that the funds would be expended when the residents incur the debt, UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE AND REJECT BIDS FOR SIDEWALK SNOWPLOW LEASE/PURCHASE: MOTION by Councilwoman Jorgenson to receive the following bids for the sidewalk snowplow lease/purchase: Bidder RMS Aspen Division 5G33 W. Hwy. 13 Savage, MN 55378 MacQueen Equ�p_ 595 Aldine St. St. Paul, MN 55104 Trans Iowa Equip. P.o. Box 210 Clear Lake, IA 50428 Basic Bid $47,087.00 $6D,951.00 $55,997.00 Trade-In $ 5,000 $11,OD0 $ 500 Net Cost $42,OS7.00 $52,984.82 $55,497.00 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that bids were received for the sidewalk snowplow lease/purchase agreement. He stated that two companies bid the lease/purchase agreement, and the third FRIDLEY CITY COUNCIL MEET2NG OF OCTOBER 4, 1993 PAGE 15 � company bid an outright purchase only. He stated that of the two lease/purchase bids, the machines were not comparable in size. It is recommended that the 6ids be re�ected and au�horize that the two bidders be notified to submit bids for both size machines for the sidewalk snowplow lease/purchase agreement. MOTION by Councilman Schneider to reject all the bids and authorize a notice to the two bidders to submit bids for both size machines for the sidewalk snowplow lease/purchase agreement. Seconded by Councilwoman Jorqenson. Mr. Tim Fischer, representing RMS Aspen Division, stated that they were the low bidder on the equipment. He stated that he does not have a real problem with rejecting the bids although their competitor will be privy to their bid. Mr. Flora advised Mr. Fischer that his company's bid did not meet the specifications regardinq the horsepower. Mr. Fischer stated that the difference of $10,000 between the two bids would not make a difference, as there is not an engine that would cost that much. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor ' Nee declared the motion carried unanimously. 14. RESOLUTION NO. 82-1993 ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: 64TH AVENUE STORM WATER IMPROVEMENT PROJECT N0. 260: Mr. Flora, Public Works Director, stated that Council held a public hearing on September 27, 1993 regarding this storm water improvement on G4th Avenue from Mississippi Street to the Central Avenue culvert at the Harris Pond ditch and the construction of a detention pond. He stated that this resolution orders preliminary plans, specifications and estimates of the costs. The next item on the agenda, Item 15, is a resolution ordering the improvement, final plans and specifications, and ordering advertisement for bids. Councilman Schneider asked the impact of the detention pond on the forestation. Mr. Flora stated that the detention pond would be located on land the City owns on Rice Creek Road. He stated that it is proposed to widen and utilize this area as a detention pond for water backing up from Harris Pond, 64th Avenue, and Mississippi Street. He stated that there are some large Willow trees in the area, and in order to obtain the storage capacity, it would be necessary to � remove some of the trees. He stated that regardless of where the detention pond was located on this property, some trees would be affected. � � ' FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 16 Councilman Schneider felt that when the plans are drawn, they should be reviewed to minimize the removal of the trees. Councilman Schneider stated that another issue raised was that Chapter 43D of the Minnesota Statutes, limits the size of pipe for which residents can be assessed. Mr. Flora stated that statute applies only to first class cities. Mr. Herrick, City Attorney, stated that the City's assessment procedures are covered under Chapter 429 of the State statute, rather than Chapter 430, and there is no such limitation under Chapter 429. Councilman Schneider stated that all storm water projects are very difficult, and the residents deserve a lot of credrt for supporting this improvement. He stated that the petition was very tight, and he is assuming that the improvement can be done as estimated. He stated it is hoped that this pro�ect would eliminate some of the very significant problems in the area. MOTION by Councilman Schneider to adopt Resolution No. 52-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION N0. 83-1993 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260: Mr. Flora, Public Works Director, stated that this evening Council has received a revised resolution pertaining to the 64th Avenue Storm Water Improvement Project No. 260. He stated that the original resolution was to add this pro�ect to the TCAAP pro�ect, Improvement Pro�ect No. 248; however, this resolution authorize bids for this pro7ect separately. MOTION by Councilman Schneider to adopt Resolution No. 83-1993, as submitted this evening. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. APPROVE CHANGE ORDER NO. 1 TO TCAAP INTERCONNECT PIPELINE PROJECT NO. 248: This item was deleted from the agenda by the Council. 17. APPOINTMENT TO THE CABLE TELEVISION ADVISORY COMMISSION: MOTION by Councilwoman Jorgenson to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 17 18. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 19. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 51878 through 51982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. LICENSES• MOTION by Councilman Schneider to approve the license 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. 21. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building G401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered for City Prosecuting Attorney for the Month of August, 1993. . . . . . . $13,121 25 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT. MOTION by Councilwoman Jorgenson to ad�ourn the meeting. Seconded by Councilman Schneider Upon a voice vote, all votincr aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 4, 1993 ad�ourned at 10:30 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor