Loading...
02/07/1994 - 00004365� � LJ THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 7. 1994 The Regular Meeting of the Fridley City Council was called to order at 7:36 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 ABSENT: PROCLAMATION: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Council- woman Bolkcom None CHILD PASSENGER SAFETY AWARENESS WEEK, FEBRUARY 13-19, 1994: Mr. Hunt, Assistant to the City Manager, read this proclamation which proclaimed the week of February 13-19, 1994 as Child Passenger Safety Awareness Week. Mayor Nee issued the proclamation and urged Fridley citizens to buckle up themselves and their children while driving during this week and the entire year. APPROVAL OF MINUTES: COUNCIL MEETING, JANUARY 18, 1994: 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 Billings to Seconded by Councilman Schneider. aye, Mayor Nee declared the motion OPEN FORUM, VISITORS: adopt the agenda as submitted. Upon a voice vote, all voting carried unanimously. MR. FARON TURNER, 7708 TYLER STREET RE: MINI-DONUT STAND: Mr. Turner, 7708 Tyler Street, Spring Lake Park, appeared before the Council regarding operation of his mini-doughnut stand inside the Wal-Mart store. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 PAGE 2 � Ms. Dacy, Community Development Director, s�ated that Mr. Turner was asked to cease operation of his mini-doughnut stand due to violations of the building code. She stated that a ventilation system needs to be connected in order to operate the machine for making the doughnuts. She stated that Mr. Turner indicated he would operate this stand outside the store; however, the special use permit process does not allow for this type of operation. Ms. Dacy stated that she met with Mr. Turner and advised him to apply for an amendmen� to the zoning ordinance. Mr. Turner stated that he did not object to applying for an amendment to the zoning ordinance if it would be approved. He also said that he could not afford to pay for this process if it was not approved and he could not operate his business. He questioned if his business could be licensed under the licensing of a peddler or caterer. He stated that there has been a good response to his operation from the management at Wal-Mart, as well as the general public. Mr. Turner stated that Wal-Mart did not want to install the ventilation system, but he could operate his business outdoors inside of a trailer. Mr. Turner stated that the cities of Brooklyn Park and Coon Rapids issue either a peddler's or caterer's license for his type of � operation. Councilman Schneider asked if the code permits a supplemental use of commercial property for selling food. Ms. Dacy stated that in cases where there may be a grand opening of a business, this type of sale is permitted and approval is required from Anoka County. She stated that this would be for a short term use, and Mr. Turner's operation would be for long term. Councilman Schneider asked if Mr. Turner would be permitted to operate his business if he applied for a restaurant license. Ms. Dacy felt that the ordinance needed to be clarified before Mr. Turner could operate his business. She stated that Mr. Turner is concerned about the application fee to apply for an amendment to the ordinance. Mr. Turner stated that he has no problem with the cost if it would guarantee that he could operate his business. He stated that he has no problem with paying this fee if a license fee could be established. Councilman Billings stated that as he understands, Mr. Turner would like the Council to make a determination if he can operate his � business before going through the public hearing process. He stated that the purpose of the public hearing is to gather information and facts to determine if an amendment to the ordinance � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 1994 PAGE 3 is in the best interasts of the City. He felt that he could not give any guarantees that if Mr. Turner applies for the amendment it would be approved. He stated that he has some concern, as this may open the door for a lot of persons to operate out of trucks or trailers to sell their items which the City discourages, He stated that if the City accommodates Mr. Turner, he questioned how it would impact those persons who want to come into the City and sell their merchandise from a truck. He felt that all these issues would have to be considered. Mr. Turner questioned if it was possible for him to operate under a license that has already been established in the City, Councilman Billings felt �hat it may be in Mr. Turner's best interest to work with City staff to review some of his options for the operation of his business. Mr. Turner stated that he would be in contact with Ms. Dacy's office to discuss the matter. PUBLIC HEARINGS: l. PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE, ENTITLED "ZONING," AND CHAPTER 211, ENTITLED "SUBDIVISION." TO AMEND THE PUBLIC HEARING NOTIFICATION RADIUS: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgen�on. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:06 p.m. Ms. Dacy, Community Development Director, stated that the purpose of this amendment is to expand the public hearing notification radius on all development applications to 350 feet. She stated that the purpose of the amendment is to be consistent with state statutes and to advise a larger portion of the neighborhood about development applications. She stated that these development applications apply to special use permits, variances, plats, and lot splits. No persons in the audience spoke regarding this proposed amendment. MOTION by Councilman Schneider 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 8:08 p.m. � 2. PUBLIC H1�'ARING ON AN ORDINANCE AMENDING CHAPTER 2 AND SECTION d.04 OF THE FRIDLEY CITY CHARTER (CITY COUNCIL ORGANIZATION, AND NOMINATIONS AND SPECIAL ELECTIONS): MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman � � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7 1994 PAGE 4 Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:10 p.m. Mr. Hunt, Assistant to the City Manager, stated that several years ago the Charter Commission began working on these proposed amendments. He stated that Mr. Backlund, Chairman of the Charter Commission, was present to answer any questions. Mr. Backlund, Chairman o£ the Charter Commission, stated that two members of the Charter Commission, Ed Hamernik and Kurt Creager, would present these items to the Council. He stated that Mr. Hamernik would present the proposed amendment to Chapter 2 and Section 4.D4, and Mr. Creager would present the �roposed amendment to Chapter 4. Mr. Hamernik stated that the amendments proposed for Chapter 2 involve a considerable reorganization. He summarized the main changes being proposed, as follows: Section 2.01.01 clarifies the source of the "Council-Manager" plan of government pursuant to Minnesota Statutes. Section 2.01.04 expands the ability of the council to require production of non-documentary evidence such as electronic data. Section 2.02.02-2.02.04 deletes language which was required for the transition to elections in even numbered years, and links the election of Mayor and Councilmember-at-large to presidential election years and Ward Councilmembers to gubernatorial election years. Section 2.02.05 changes slightly and clarifies when terms of office begin and end. Section 2.03 stated that the previous Section 2.06 was a long paragraph, and this has been split into subsections for greater clarity. Section 2.03.01 corrects the title of Mayor Pro Tem and specifies that the appointment is only for the temporary absence or disability of the Mayor. Section 2.03.05 clarifies that the Mayor's duty is not an on-going annual duty but rather something done when necessary at the direction of the Council. He stated that this avoids a potential conflict with Section 2.01.02 which prohibits the City Council from attempting to perform administrative duties other than through the City Manager. Section 2.03.06 is revised to allow the Mayor to take control in time of emergency without first having to seek Council approval. � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 PAGE 5 Section 2.04.0� deletes obsolete references to the original City Charter, Section 2.04.02 is clarified and does not affect the substance of the section being amended. Section 2.04.04 is changed to accommodate the complicated and changing state legislation and case law regarding redistricting of wards and precincts. He stated that it eliminates the penalty against the Council for failure to redistrict in a timely fashion after the decennial census. Section 2.05 clarifies the disqualifications of Councilmembers from being employed by the city in other capacities. Section 2.06.01 makes failure to attend eight consecutive regular meetings of the Council a reason for declaration of a vacancy similar to moving out of the ward or the City. He states that there is a ti,re frame of thirty days from the event in question for the declaration of a vacancy. Section 2.06.02 provides for a special election to fill a vacancy declared to occur in approximately the first �hree and a half years of a four year term of office, that is before filings for the next � election of the office in question are closed. He stated that the window is changed from 45 days to 60 days to 30 days to 65 days. Section 2.�6.03 allows for a primary election prior to a special election to fill a vacancy if more than two candidates file. Section 2.06.04 requires the Council to appoint a non-candidate if the vacancy occurs after filings are closed but before October 1 of the fourth year of the term. Section 2.06.05 provides for the winner of the general election to assume office immediately if the vacancy occurs on or after October 1 of the fourth year of the term. Section 2.06.06 provides for the Councilmember-at-Large to serve as Mayor during a vacancy in that office. Section 2.06.07 & 2.06.08 provides for restoration of the Council in case the membership of the Council is reduced to two or less. Section 2.07 deletes obsolete language from the original charter. Section 4.04 clarifies the fact that special elections to fill a vacancy on the Council are governed by Section 2.06. Councilman Schneider stated that recently a special election was � held for the Ward 3 Council seat. There was an incorrect statement in Focus News which stated that anyone in Fridley could vote in this election. He felt that there probably should be clarification FRIDLEY CITY COUNCIL MEETING OF FESRUARY 7, 1994 PAGE 6 � in the Charter that only residents residing in the geographic boundaries of ward were eligible to vote for this Council seat. Mr. Backlund stated that all residents can vote for the Mayor and Councilmember-at-Large, but a resident must live within their ward boundary in order to vote for that particular ward Councilmember. This would be checked by the election judges. Councilman Billings stated that there is nothing in the state statute, City ordinances, or City Charter which states that when a resident goes to the polling place he is only eligible to vote for the Council representative for his particular ward and cannot vote for the representative of the other wards. He felt that perhaps this issue should be addressed at some future date. Councilman Schneider questioned how a regular meeting is defined under Section 2.06.01. Mr. Hamernik stated that a regular meeting is established by resolution when the Council when they adopt their calendar of meetings at the beginning of each year. He stated that conference meetings or budget work sessions are not regular meetings. Councilman Billings stated that he has a problem with the term � "eight consecutive regular meetings.1° He stated that he assumes the Charter Commission was trying to establish something that was approximately four months in length, and the current City Council establishes two regular meetings per month. He stated that a future Council may wish to meet every week, and now missing "eight consecutive regular meetings" would reduce this time period from four months to two months. He stated that he was not sure of the intent and why the term °1eight consecutive regular meetings" was used. Mr. Backlund stated that part of the reason was to insure participation of all Councilmembers. He stated that if some future Council decided to meet daily or weekly, and a member chose to ignore this schedule, the City would not be fully represented. Councilman B�liings stated that a Councilmember could be absent from the City for three months before a vacancy is declared, yet he could not miss eight consecutive meetings. Councilwoman Jorgenson stated that budget sessions are as important as regular Council meetings. She felt that the reference should not be just to regularly scheduled meetings, as budget sessions and conference meetings are just as important. � Mayor Nee stated that in June of 1965, the Council probably had twenty meetings where action was taken, and it seems practical to make the length four months. � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 PAGE 7 No other persons in the audience spoke regarding these proposed Charter amendmentse MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:45 p.m. 3. PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER (NOMINATIONS AND ELECTIONS): MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:45 p.m. Mr. Creager reviewed the proposed amendments to Chapter 4 of the City Charter. He outlined these changes as follows: Section 4.02 eliminates obsolete language. Section 4.03 eliminates obsolete language and deletes confusing reference to "regular" municipal elections in a section on primary elections. Section 4.06 clarifies language and raises the filing fee from $5.00 to $10.00. He stated that it also answers the question of who is eligible to nominate and elect persons. Section 4.07 clarifies language in the nomination petition. Section 4.D8 eliminates redundant lanquage and breaks up lengthy sentences. No other persons in the audience spoke regarding this proposed Charter amendment. MOTION by Councilman Schneider 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 8:50 p.m. NEW BUSINESS: 4. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that he was pleased to recommend Liz Chevalier for appointment as Crime Prevention Specialist II. � He stated that Ms. Chevalier graduated from the University of Minnesota with a B.S. in Criminal Justice and holds a social work certificate. He stated that she was employed as a Crime Prevention � � L _J FRIDLEY CITY COUNCIL MEETING OF FESRUARY 7, 1994 PAGE 8 Specialist in the Fridley Police Department from 1980 to 1985 and worked for School District No. 14 from 1985 to 1989 with the Early Childhood Family Outreach Program. He stated that Liz has been a foster parent to over fifty children in the past five years and was co-author of the safety coloring book sold by the Fridley Police Department. MOTION by Councilwoman Jorgenson to concur with the following appointment by the City Manager: Name Elizabeth Chevalier Position Crime Prev Spec. II Exempt Startinq Salarv $26,041.6D per year $2,170.13 per month Starting Date Feb. 8, 1994 Replaces Rose Griep Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION NO. 12-1994 APPROVING AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1994� Mr. Hunt, Assistant to the City Manager, stated that there are about nineteen changes to this contract from the previous year. Most are editorial or changes of dates. He outlined some of the changes as follows: Article 7.4 provides for voluntary mediation of grievances prior to arbitration. Article 17.1 increases the employer's contribution toward insurance from $295 per month to $315 per month for employees choosing family coverage in 1994. Article 17.4 was added on group term life insurance with base coverage of $25,000. Article 22 provides for a three percent increase in wages. Article 26.2 clarifies patrol officers would be paid overtime rate for work done on an actual holiday rather than on the day the holiday is oYserved. Article 32 language is added to clarify that Investigators who are not paid overtime under the contract are eliqible for overtime pay under the Federal Fair Labor Standards Act. Mr. Hunt stated he recommends that the Council approve this agreement with the Law Enforcement Labor Services for 1994. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 PAGE 9 � MOTION by Councilman Billings to adopt Resolution No. 12-1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 13-1994 IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO KNIGHTS OF COLUMBUS, FRIDLEY: MOTION by Councilman Schneider to adopt Resolution No. 13-1994. Seconded by Councglman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION N0. 14-1994 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR AUTHORIZATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO THE CHURCH OF ST. WILLIAM: MOTION by Councilman Billings to adopt Resolution No. 14-1994. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously, 8. ESTABLISH A PUBLIC HEARING FOR FEBRUARY 22, I994, FOR JANG-WON RESTAURANT FOR AN ON-SALE BEER LIOUOR LICENSE: MOTION by Councilman Billings to set a public hearing date of � February 22, 1994 for consideration of an on-sale beer liquor license for Jang-Won Restaurant. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. WAVE TEMPORARY SYGN PERMIT FEE AND DEPOSIT FOR THE MINNESOTA MULTIPLE SCLEROSIS SOCIETY: Ms. Dacy, Community Development Director, stated that this is a request from the Multiple Sclerosis Society to waive the temporary sign permit fee and deposit to allow them ta display a banner promoting the Super Cities Walk to raise funds to fight multiple sclerosis. She stated that the banner is four feet by eight feet and is to be displayed at the SuperAmerica at 7299 Highway G5 N.E. Ms. Dacy stated that staff recommends this request be granted to waive the temporary siqn permit fee and deposit, as the sign code permits the Council to waive the fee requirements for non-profit organizations. MOTION by Councilwoman Jorgenson to waive the temporary sign permit and the deposit to display this banner, as requested by the Multiple Sclerosis Society. Seconded by Councilman Schneider. Councilman Billings stated the deposit would be returned when the � banner is taken down so there really is no expense to this organization, if they paid the deposit. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 PAGE 10 � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 15-1994 APPROVING PLAT, P.S. #93-02, SHOREWOOD PLAZA REVISED (GENERALLY LOCATED AT THE INTERSECTION OF HIGHWAY 65 AND EAST MOORE LAKE DRIVE): Mayor Nee Pelt that the next item on the agenda to vacate these easements should be considered before the plat. 11. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, SAV #93-03, BY THE CITY OF FRIDLEY): MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Bolkcom Upon a voice vote, a11 voting aye, Mayor Nee declared the mot�on carried unanimously. 10. RESOLUTION NO. 15-1994 APPROVING PLAT, P.S. #93-02, SHOREWOOD PLAZA REVISED (GENERALLY LOCATED AT THE INTERSECTION OF HIGHWAY 65 AND EAST MOORE LAKE DRIVEI: � Ms. Dacy, Community Development Director, stated that this plat is to correct right-of-way errors along East Moore Lake Drive and dedicate new easements. She stated that all property owners involved in this request contributed to the final plat process. MOTION by Councilman Schneider to adopt Resolution No. 15-1994. Seconded by Councilwoman Bolkcom. Councilman Billings asked if the original plat was reviewed to make sure any stipulations on that plat were included in this revised plate Ms. Dacy stated that she has reviewed the original plat, and there were no stipulations which would apply to this plat. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee de�Lared the motion carried unanimously. 12. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 12, 1994: A. SPECIAL USE PERMIT REOUEST, SP #93-18, BY JULIE SRUNNER, TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SOUARE FEET, GENERALLY LOCATED AT 7235 EAST RIVER ROAD N.E.: � Ms. Dacy, Community Development Director, stated that the original home on this property was destroyed by fire in 1990, and the property owners are completing the new home. She stated that in FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 1994 PAGE 11 � order to keep the original garage on the property a special use permit is needed. Ms. Dacy stated that the Planning Commission has recommended approval of this special use permit with the stipulation that the structure be re-sided and shingled to match the new dwelling. She stated that there were no adverse comments from the surrounding neighbors. Staff also recommends approval of this request. Ms. Dacy stated that the structure is not to be used for any type of vehicles; therefore, there was no stipulation for a hard surface driveway. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #93-18. Seconded by Councilwoman Jorgenson. Councilman Sillings stated that the stipulation that the garage be re-sided and shingled has been completed; however, he asked if the code provides that there has to be a driveway. Ms. Dacy stated that the code does not necessarily state that a driveway has to be provided if there is a garage. She stated that the Planning Commission determined that because this was to be used for storage, a driveway was not necessary. � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR FEBRUARY 22, 1994, FOR AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY ADDING 205.27 (0-4 WETLAND DISTRICT) AND RENUMBERING OFFICIAL TITLE AND SUMM�RY 205.28: MOTION by Councilman 5chneider to set the public hearing on this item for February 22, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of January 12, 1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF JANUARY 11, 1994: A. VARIANCE REQUEST. VAR #93-35, BY SAMIR AWAIJANE. SAM'S AUTO BODY, TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 10.5 FEET; TO REDUCE THE SETBACK FROM A RESIDENTIAL DISTRICT ' FROM 50 FEET TO 35 FEET, ALL TO ALLOW THE CONSTRUCTION OF A STORAGE SHED AT 7570 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a variance to reduce the rear yard setback from 25 feet to 10.5 feet and to reduce the setback from a residential district � � � FRIDLEY CITY COUNCIL MEETING OF FEBROARY 7, 1994 PAGE 12 from 50 feet to 35 feet. She stated that this item came to the City's attention in response to a call received regarding work being done w?thout a building permit. She stated that the petitioner constructed a 15 foot by 40 foot addition to the existing block building to deter vandals from damaging cars. Ms. Dacy stated that the Appeals Commission recommended approval of the variance. She stated that the petitioner has advised her that he felt the actual setback from the south lot line was 41 feet, so he would only need a nine foot variance. She stated that in order to be safe, staff recommends the variance be approved to the 35 foot setback, as it is difficult to determine why there is a six foot discrepancy between the measurements without a certificate of survey. Mayor Nee asked about the addition and how it was attached to the existing building, Ms. Dacy stated that the footings along the south wall are essentially a series of two by fours. She stated that the Building Department had not reviewed the plans prior to construction. However, the �nspectors have now been out to inspect the building, and there are no frost footings underneath the addition. She stated that the preliminary interpretation is that this is not permitted. Alternate means will have to be reviewed, which may necessitate the petitioner to provide the frost footings, Mr. Awaijane, the petitioner, stated that he started to build this structure by �ust adding a roof and then he installed the walls. He stated that he called for a permit, but the inspectors never knew anything about the shed. He stated that he has a four by four treated plate bolted two feet into the asphalt to provide a footing for this structure. He stated that the entire building is built on top of the asphalt parking lot. Councilman Schneider stated that his concern is how the City would enforce what has to be done to meet the codes if the variance is granted. Ms. Dacy stated that this would be enforced through the building permit proce"s. Councilman Billings suggested that perhaps there should be a stipulation that if either of the other two buildings lose their non-conforming status this variance would automatically expire. He stated that he would not want to approve a variance that some future property owner may misunderstand that it was satisfactory to build that close to the property line. Councilman Schneider stated that he understands the hardship caused by the vandalism, but asked if this is related to the property. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 PAGE 13 1 Mr. Gregg Herrick, Assistant City Attorney, stated that he supposed this condition relating to the vandalism may apply to the variance rationale. Councilman Schneider asked if this additional storage is for Mr. Awaijane's business or his personal use. Mr. Awaijane stated that he uses the buildinq to store customer vehicles and also his own vehicles. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #93-35, to reduce the rear yard setback from 25 feet to 10.5 feet and to reduce the setback from a residential district from 5D feet to 35 feet, with the following stipulations: (1) the petitioner shall submit three sets of building plans including structural and foundation details, as required by the Building Inspection Division; (2) the petitioner shall apply for and receive a building permit for the structure including payment of all permit fees and penalties and conform to all applicable building codes; (3) this variance shall be tied to the non-conforming status of the existing buildings and shall cease to exist if either of the two buildings lose their non-conforming status; and (4) the additional structure shall be used for storage only and no business whatsoever shall � take place in this accessory structure. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE RE4UEST, VAR #93-36, BY UNITED STORES, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 0 FEET; TO REDUCE THE HARDSURFACE SETBACK FROM THE PUBLIC RIGHT-OF-WAY FROM 20 FEET TO 10 FEET, ALL TO ALLOW THE CONSTRUCTION OF AN ADDITION AT 785 53RD AVENUE N.E.: Ms. Dacy, Community Development Director, stated that United Stores is proposing to add a 3,000 square foot addition to the west of their existing building, as well as additional parking. She stated that two variances are requested, one to reduce the front yard setback from 35 feet to 0 feet and the other to reduce the hardsurface setback from a public right-of-way from 20 feet to 10 feet. MOTION by Councilman Billings to grant Variance Request, VAR #93-36, to reduce the front yard setback from 35 feet to 0 feet and to reduce the hardsurface setback from the public right-of-way from 20 feet to 10 feet, with the following stipulations: (1) the petitioner shall submit a landscaping plan with the building permit application showing existinq landscapinq and additional parking lot screening along the westerly lot line. Parking lot screening may � be achieved through a three foot berm, a hedge, or a combination of the two. The landscaping plan shall also indicate that three new trees will be planted along the westerly lot line; (2) the FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 PAGE 14 � petitioner shall provide a gradinq and drainage plan and hydrologic calculations for review and approval by the Engineering Department with the building permit application; (3) the petitioner shall submit an erosion control plan with the building permit application; and (4) the addition shall be architecturally compatible with the existing buildinge Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. APPROVE AMENDMENT TO COMPREHENSIVE SIGN PLAN FOR RICE CREEK BUSINESS CENTER, GENERALLY LOCATED AT 7120 UNIVERSITY AVENUE N.E. Ms. Aacy, Community Development Director, stated that Brookstone Commercial Services has received a request from University Billiards to allow back-lit channel lettering for its wall signs. She stated that this amendment to the sign criteria would permit channel lock letters as an option to the 12 inch white injection molded acrylic dimensional letters. She stated that the channel lock letters allow for neon tubing to be installed behind the letters which reflect off the facia of the building. She stated that no changes in appearance would be noted except at night when the letters would be lit. � Ms. Dacy stated that staff recommends approval of this compre- hensive sign amendment with the stipulation that the channel lock letters shall be the same dimension (height, width, style) as the remaining letters on the building. MOTION by Councilwoman Bolkcom to approve this amendment to the Comprehensive Sign Plan for Rice Creek Business Center with the following stipulation: (1) the channel lock letters shall be the same dimension (height, width, style) as the remaining letters on the building. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. REALLOCATE THE 1989 COMMUNITY DEVELOPMENT BLOCK GRANT HUMAN SERVICE FUNDS: Ms. Dacy, Community Development Director, stated that in 1989 Alexandra House received $3,500 in CDBG funds as part of the human service allocation. She stated that Anoka County recently advised the City that $3,034 of this grant was not used and is available for reallocation. She stated that during the public hearing on the 1994 CDSG application on January 18, 1994, the Council expressed an interest in reallocating these unused funds for the Senior Outreach Worker program. MOTION by Councilwoman Jorgenson to approve the reallocation of � $3,034 from the 1989 Community Development Block Grant Funds to ACCAP to assist in funding the Senior Outreach Worker program. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 PAGE 15 16. APPROVE THE 1994 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION: Ms. Dacy, Community Development Director, stated that the Council conducted a public hearing on January 18, 1994 for the allocation of the 1994 CDBG funds. She stated that the City will be receiving an additional $21,212, and it is recommended these be allocated to the Housing Rehabilitation program based on the Council's priorities. Ms. Dacy stated that the Planning Commission and Human Resources Commissian reviewed the proposed allocation of these funds, and it is recommended the Council approve the allocations as follows: Anoka County Administration Housing Rehabilitation Human Service Urants Senior Home Companion Program Senior Outreach Program TOTAL $ 1,000 $124,612 $ 25,000 $ 2,500 $ 2,500 $155,612 MOTION by Councilman Schneider to approve the 1994 allocations of the Community Development Block Grant Punds as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RECEIVE BIDS AND AWARD CONTRACT FOR THE LOCKE LAKE DAM RESTORATION PROJECT NO. 211: Mr. Flora, Public Works Director, stated that ten bids were received for this pro7ecte MOTION by Councilwoman Jorgenson to receive the following bids for Project No. 211: Bidder Lunda Construction 620 Gebhardt Road Black River Falls, Company WI 54615 Park Construction Co. 7900 Beech St. NE Minneapolis, MN 55432 C.S. McCrossan Construction P.O. Box 1240 Maple Grove, MN 55369 Progressive Contractors, Inc. 8736 Zachary Lane Osseo, MN 55369 Total Bid $537,375.75 $556,558.58 $558,441.57 $593,794.00 � ' � FRYDLEY CITX COUNCIL MEETING OF FEBRUARY 7, 1994 PAGE 16 Blattner Constructors Miners 16733 County Road 9 Avon, MN 56310 Carl Bolander & Sons 251 Starkey St. St. Paul, MN 55107 Rice Lake Contracting Corp. County Road 12 Deerwood, MN 56444 Lametti & Sons, Inc. 16028 Forest Blvd. N. Hugo, MN 55038 Division 7 Corp. 7670 Highway 65 N.E. Fridley, MN 55432 Glenwood Bridge, Inc. 2260 N. Lakeshore Drive Glenwood, MN 56334 $640,520.00 $689,212.75 $697,760.00 $706,785.00 $751,991.25 $763,958.75 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated that Lunda Construction was the low bidder at $537,375.75, and it is recommended that the contract be awarded to them for this project. MOTION by Councilwoman Jorgenson to award the contract for Project No. 211, Locke Lake Dam Restoration, to the low bidder, Lunda Construction Company, in the amount of $537,375.75. Seconded by Councilman Schneider. Councilman Schneider questioned what portion of this cost was the City's share. Mr. Flora stated that there is a grant from the Department of Natural Resources for $150,000 and a commitment from Anoka County for $100,000. He stated that there is a total assessment for this project of $192,500. Based on these figures, the cost to the City is $165,500 not including interest to be paid on the $135,D00 loan from the state. Councilman Sillings asked if the City had a firm commitment from the Department of Natural Resources and the County for funding of this project. Mr. Flora stated that there is a commitment from the state. He thought the County Board had voted to provide the funding. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 PAGE 17 � Councilman Billings stated that he wanted to make sure the fundinq is in place before he awards the contract. Councilman Schneider stated that he felt the City should proceed, but he would like to know if those funds are available from the County. Councilwoman Jorgenson stated that she believed this was an item budgeted by the County, and there should have been a formal vote on it. MOTION by Councilman Schneider to table this item on awarding the contract for this project to the next regular Council meeting on February 22, 1994 and request staff to verify, in writing, the Anoka County funding and how costs would be distributed in the City's Capital Improvement Fund. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee, Councilman Schneider, Councilwoman Sorgenson and Councilman Billings voted in favor of the motion. Councilwoman Bolkcom abstainted from voting. Mayor Nee declared the motion carried. 18. APPROVE CHANGE ORDER NO. 2 FOR THE 63RD AVENUE BOOSTER STATION PROJECT NO. 250• � Mr. Flora, Public Works Director, stated that this change order covers the installation of gas service to the booster station. MOTION by Councilman Schneider to approve Change Order No. 2 for the 63rd Avenue Booster Station, Pro�ect No. 250 in the amount of $740.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO. 16-1994 ORDERING ADVERTISEMENT FOR BIDS; REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK - 1994 PROJECT NO. 262: Mr. Flora, Public Works Director, stated that this resolution would advertise for bids for the City's annual contract for the removal and replacement of miscellaneous concrete curbs, gutters and sidewalks. MOTION by Councilman Bi111ngs to adopt Resolution No. 16-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. INFORMI�L STATUS REPORTS: Mr. Surns, City Manager, stated that there were no informal status reports. � 21. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claim Nos. 53739 through 54056. Seconded by Councilman B111ings. Upon a