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10/03/1994 - 00004745� � � THE MYNUTE� OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOHER 3, 1444 The Regular Meeting o£ the Fridley City Council was called to order at 7:35 p.m. by Mayor Neee PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: PROCLAMATIONS• Mayor Nee, Councilman Billings, Councilman Schneider, and Counczlwoman Bolkcom Councilwoman Jorgenson WASTE REDUCTIOAI WEEK: OCTOBER 3- 9, 1994c Mayor read and issued a proclamation proclaiming the week of October 3-9, 1994 as Waste Reduction Week. He urged citizens to take advantage of this week to learn more about waste reduction and other ways to protect the environment. Mayor Nee presented this proclamation to Mr. Srad Sielaff of the Environmental Quality and Energy Commission. Mr. Brad Sielaff stated that the Environmental Quality and Energy Commission strongly support waste management reduction. FIRE PREVENTION WEEK: OCTOBER 9- 15, 1994: Mayor Nee read and issued a proclamation proclaiming the week of October 9-15, 1994 as Fire Prevention Week and invited the commu- nity to a special presentation on Saturday, October 8 at the City's fire stations where fire, law enforcement, emergency medical, and community support organizations will be represented. Mayor Nee presented this proolamation to Mr. Dick Larson, Deputy Fire Chief, and invited the citizens to attend the open house at the fire stations. He stated that most of the events would occur at the main fire station; however, all stations would be open. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 19, 1994: MOTION by Councilman Schneider to approve the minutes as presentede Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3. 1994 PAGE 2 � ADOPTION OF AGENDA: Mayor Nee stated that staff has requested an item be added to the estimates as follows: Estimate No. 2 with Ka�len Cottstruction in the amount of $32,082.55 for the Commons Park Shelter, Project No. 267. MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilman Sillings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: PROBLEMS AT MOORE LAKE APARTMENTS: Ms. Cazol Lee Zinter, Manager of the Moore Lake Apartments, apolo- gized to Council for calling them on Sunday. She stated that she was outraged with what has been occurring in their neighborhood, and she speaks for the residents on Polk Street and Lynde Drive. She spoke about the disgusting signs and the spray paintinq of a garage. She stated that one family is making everyone's life miserable. Mayor Nee asked how the City would proceed under the rental � ordinance. Mr. Herrick, City Attorney, stated that the procedure is set forth in the ordinance. He stated that, as he recalls, the first step is to formally notify the apartment owner of the problem and where it is originating. He stated that the next notice is a more formal statement to the property owner that if he does not alleviate the problem there would be a public hearing if there as another complaint. He stated �hat if the apartment owner cannot solve the problem Council has the authority to revoke the license at least £or that particular apartment unit. Ms. Zinter stated that the apartment owner agrees that the tenant is bad, but she cannot afford fo evict them and have the unit vacant. Ms. Dacy, Community Development Director, stated that the problem deals with a speci£ic tenant in this apartment compTex. 5he stated that the rental ordinance is in effect, and they are keepinq track of tfie problems. She stated that Ms. Zinter is getting harassing telephone calls at 2:00 a.m, Mr. Sallman, Public Safety Director, stated that there xs still the level of proof. He stated that the problem is identifying a suspect wha is making the harassing telephone calls. He stated � that the Police Department is working with Ms. Zinter on this matter. � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1994 PAGE 3 Mr. Burns, City Manager, asked if the Ci�y is responding on the basis of a criminal complaint or under the rental housing ordinance. Mr. Sallman stated that there has been one criminal complaint against the person, but he did not know if it would apply under the ordinance. He stated that the issues in the rental housing ordinance relate to the behavior of a tenant and activities occurring within the apartment building. Mr. Herrick stated that he did not know aTl the issues, but �erhaps Mr. Sallman and Mse Dacy could review them, DR. MARY ANN NELSON, SUPERINTENDENT OF SCHOOL DISTRICT NO. 14: Mayor Nee asked Dr. Nelson, Superintendent of School District No. 14, to introduce herself. Dr. Nelson stated that she is proud to be a member of the Fridley school staff. She stated that as she meets people in the community she is �inding that the residents are very proud of their history and the public schools. She is anxions to become a strong partner with the Council. Mayor Nee stated that the Council was meeting this evening, and he felt that Dr. asset for School District No. 14e MARVIN THOUR. 5237 HORIZON DRIVE: glad she came to their Nelson would be a great Mr. Thour, 5237 Horizon D�ive, addressed the Council regarding the problems of truck traffic on Horizon Drive. He stated that this has been a problem for the last ten yearsg however, with the street construction, it has gotten worse. He stated tha� �here is no reason that industrial traffic should be using �he residential street. He stated that everyone in their neighborhood is coxicerned with the problem. Mayor Nee stated that Council is aware of this problem and will attempt to seek a solution. PUBLIC HEARING: l. PUBLIC HEARING ON THE ISSUANCE OF AN INTOXICATING LI9UOR LICENSE TO THE SHARX CLUB/SHARX SPORTS BAR GENERALLY LOCATED AT 3710 EAST RIVER ROAD N.E. (WARD 31: MOTION by Councilwoman Bolkcom to waive the reading of the �public hearing notice and open the public hearing. Seconded by Councilmar. � Schneider. Upon a voice vote, all votincp aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:02 p.m. � � _I � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1994 PAGE 4 Mr. Pribyl, Finance Director, stated that Mr. DeFOe has iiled an application for an intoxicating liquor license. He stated the City Code requires that a public hearing be held prior to the issuance of a liquor license. He stated that the Police Department has conducted a background investigation and has some concern about the issuance of the license which will be addressed by Public Safety Director, Mr. Sallman. Mr. DeFoe sta�ed that his plans are to have a sports bar on the south side and a nightclub on the north side o� the building. He stated that he would like to open in phases, as the south side of the building needs major roof repair, and the north side of the building will be remodeled. Mayor Nee asked Mr. DeFoe if he was aware of �he requirement relating to the ratio of food and liquor sales and how he plans to meet this requirement. Mr. DeFoe stated that he is aware of this requirement and hoped that the sports bar would be able to meet these requirements. He stated that he hoped the businesses located nearby would patronize his establishment for lunch and that there would be a lot of food salese Councilwoman Bolkcom asked his plans for the sports bar and what it would offer the patrons. Mr. DeFoe stated that the sports bar would have a big screen tele- vision and a complete food menu. He stated that, eventually, he would like to add outside volleyball courts. He stated that the sports bar would be similar to Champ°s and Joe Senser's. Councilman Schneider stated that the food sales, in relation to the liquor sales, has been a continuing pro�lem at this establishment. He felt that there would have to be an aggressive marketing campaign in order to increase the sale of food. Mr. DeFoe stated that the business needs aggressive marketing, and this would be done with the neighboring businesses and people in and out of the City. He stated that he did not want to make promises he could not keep, but kie would put a lot of time, effort, and money into the business. Councilman Schneider asked Mr. DeFoe if he had experience in the restaurant business. Mr. DeFoe stated that he operates a club known as the Waterworks Beach Club in Centerville. He stated that his manager for the Sharx facility has approximately ten yearsB experience in the food business. Mayor Nee asked Mr. DeFoe if the teen operation was critical to his financial plan for the business. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1999 PAGE 5 � Mr. DeFoe stated that at Waterworks Beach Club he operates a teen night on Sunday nights when school is not in session and over some of the school breaks and holidays. He felt that this was very good for teens and an important aspect of his business, as a cover charge of $6.00 is paid. Mayor Nee asked how Mr. DeFoe would make sure that liquor is not accessible to the teens. Mr. DeFoe stated that the building has two doors, and it would not be a problem. Councilwoman Bolkcom stated that she was concerned about the parking lot where teens may be mixing with older patrons from the sports bar. Mr. DeFoe stated he felt that this would not be a problem and cited the Mall of America as an example where teens come in contact with persons patronizing the liquor establishments. He stated �hat the teens would not be allowed to 1°hang out'° in the parking lot or wait for friends in the parking lot. He state� fhat the teen nights are very safe, friendly, and positive environment. Councilman Schneider asked if the sports bar, where Tiquor is � served, would also be open on teen night. Mr. DeFoe stated that he would like to keep the sports bar open on Sunday nights. He stated that this is a separate building, and there is a separate entrance for the teens, Councilman Schneider also felt there may be a problem with teens interacting with the older patrons in the parking lot. Mr. DeFoe stated that he would hire an off-duty police officer or have a security company patrol the parking lot. He felt that �his issue would be one of the easiest to handle. He stated that once the teens are in the building, they cannot go back out to their cars. He stated that his staff is well trained, and they can usually handle any problem. Mr. DeFoe submitted letters from Robert Dale, Recreation Specialist for the Hubert H. Humphrey Job Corps Center; Tamara Miltz-Miller, retired Clerk/Administrator for the City of Centerville; and a resident at 1688 Heritage Street, Centerville in support of Mr. DeFoe's teen night operation. Mr. DeFOe stated that he felt the teen night teaches teens they can go to bars and have fun without drinking. Councilwoman �olkcom stated the bars that have been at this � location in the past have had a bad reputation, and she felt it may be a problem for Mr. DeFoe to market his business. ---------------------------------------------- �I LJ � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1994 PAGE 6 Mr. DeFoe stated that the Waterworks Beach Club previously had a reputation as being a trouble spot, and he felt he has turned �his around into a positive operation. MOTION by Councilman Billings to receive the above three letters submitted by Mr. DeFoe. Seconded by Councilwoman Bolkcom. Upon voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. Mr. DeFoe stated that he had no idea there would be a problem with havinq a teen night when he purchased the property, He felt that if controls are set they can deal with any problems. He stated that he did not like the idea of the few teens who cause trouble dicta- ting that he cannot have such a business. Councilman Billings stated that he did not want to sound antago- nistic, but wanted to put one thing into perspective. He stated that Waterworks Beach Club is probably the largest piece of property in the City of Centerville, and the license fee is probably greater than any other business in Centerville. He stated that with those two factors in mind, Mr. DeFoe's business is very important financially to the City of Centerville. Councilman Billings stated that Fridley has the largest commercial and indus- trial base in Anoka County, and it is more inclined to make sure that businesses in the City are ones that the City can be proud of. fie stated that there may be things that the City of Centerville Ynas allowed Mr. DeFoe to do which are marginaT. dIe stated that he is aware that tfiere fiave been a number of police calls �o Waterworks Beach Club. He stated that the City of Fridley does not need any on-sale liquor establishment to enrich the coffers, but is more interested in the health, safety, and general welfare of zts citizens. Councilman Billinqs asked the City Attorney if the Council could attach stipulations to the liquor license and, if a violation of the stipulations could result in a hearing to revoke the liquor license, Mr. Herrick, City Attorney, stated that, generally, that is correct, but it depends on the type of stipulations the Council attaches to the liquor license. He stated that they have to relate to the health, safety, and welfare of the citizens. Councilman Billings stated that either in the state statute or in the licensing requirements in St. Paul, there are requirements on the display of liquor, He felt that if teen nights are approved for this location there should be no dispTay of iiquor, and it should be locked and out of view. Mr. DeFoe stated that he felt he could abide by this requirement� 6ut he did not understand all the implications. He stated �hat if he could not advertise beer and other types of liquor he would � � I� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3 1994 PAGE 7 agree to such a condition. He stated that all liquor bottles would be out of the area, and there are locked cabinets built into the bar area. He stated that only pop would be served from the bar. Mr. DeFOe stated that he has had only one police call during teen night. He stated that this was a fight that actually started in school and carried over into Waterworks. He stated that the fight was broken up by his employees, and the police were called. Councilman Billings stated that he felt Mr. DeFoe should be aware that the former Leon's Supper Club in Columbia Heights will be re- opening with a name similar to Mr. DeFoe°s establishment. He stated that trying to market two operations within several miles with the same type of name could be complicated. Mr. DeFoe felt that the names would be different enough that it would not matter. He stated that he did not know about this issue until his business was incorporated, and it was too late for him to change the namee Councilman Schneider asked Mr. DeFoe if he would have live band music or live entertainment. Mr, DeFoe stated that there would be a disc jockey playing records, and he may have a live band on occasion. Mr. Sallman, Public Safety Director, stated that his argument is not based personally on Mr. DeFoe or his operation of the Water- works Beach Club but on the past history and conversations with other cities regarding the operation of teen establzshments. He stated that he is requesting that teen or all age nights not be allowed. He stated that there is nothing in Mr. DeFoe's backqround check that will create an issue with the liquor license, He stated that the teen nights attract persons fifteen years to twenty years old. With the all age night, it creates a situation where liquor is served, but it is open to anyone who is eiqhteen years old or older. Mr. Sallman stated that the history with teen clubs is there have been assaults, drug arrests, vandalism, vehicle break-ins, and organized gang activity. He stated that people who own these establishments realize that after a while the police calls are used against them, so they quit calling the police. He felt that this creates a difficult situation. He stated that the teen club which was previously operated in Fridley did not serve any alcoho3 at all, and there were still problems with drinking. He stated that in this particular situation, there will be adults who have been drinking interacting socially with teens. He felt that Mall of American was not a good comparison. Tha� zs such a large area, and people are not confined to one parking lot. He stated that persons fifteen years old are not required to carry identification, and some persons have been admitted to teen nights without identifi- � FRIDLEY CITY COIINCIL MEETING OF OCTOBER 3, 1994 PAGE 9 Mr. DeFoe stated that he has a ladies night that is popuTar, and he would like to have the same at his Fridley establishment. He stated that he would also like to promote volleyball and softball activities. Councilman Billings asked Mr. DeFoe if he has dancers, such as UoS. Male, at his Centerville establishment. Mr. DeFoe stated that he has dancers every Wednesday night. Mr. DeFoe stated that he did not anticipate any problem with the teen night, and it is important to his business. Mayor Nee stated that he finds it difficult to believe that the teen night would either make or break his businesso Mr. DeFoe stated there was no way that his business in Centerville could have been a success without the teen night. Councilwoman Bolkcom felt that if there has to be more food sales than liquor sales in order to meet the requirements, Mr. DeFoe may want to place more emphasis on the restaurant portion of his business. � Mr. �eFoe stated that the ratio of food to liquor sales would not apply for the teen night since no liquor is served. He state� that each activity an owner brings to the business can either make or break it. He felt that the teen night club was important. � Councilman Billings stated that if Mr. DeFoe operates teen nights about twenty times a year. About half �he income is profit amounting to $12,000 to $20,000 per year, which is a substantiaY amount. Councilman Schneider stated he felt that the issue zs not necessar� ily whether Mr. DeFoe can successfully operate the business but what is bes� for the communi�yo Councilman Billings stated that he would wholeheartedly agree, but he was only trying to address Mayor Nee°s concern regarding the financial situation. Councilman Billings asked Mr. DeFoe if he would be aqreeable to stipulations regarding the teen night issue so that Council would have the opportunity to review this operation if it was allowedo Mr. DeFoe felt that this would be a great way to proceed and would like the opportunity to prove that it can be successful. Mr. Monte Maher, 7965 Riverview Terrace, stated that he is atten- ding the meeting on another issue, but he stated that there has been a huge number of break-ins lately in his neighborhood. He FRIDLEY CITY COUNCIL MEETING OF OCTOSER 3 1994 PAGE 10 ' felt that if the teens had some place to go and something to do, it would help reduce the crime, Mr. Sallman stated that the history is when there is an activity that brings teens into the City, it results in a hiqher arime. He stated that there is vandalism to businesses and break-ins of vehicles. He stated that the idea that teen night would take the teens of£ the streets that otherwise would be committing crimes is probably not correat. Councilman Billings pointed out this location is relatively remote and does not have a lot of businesses in the area. Mr. Sallman stated that may be the positive aspect, but the other teen center was relatively remote, and businesses in �he area ended up being vandalized. He stated that the negative aspect is that it is quite a distance for police to respond when a call zs received. Councilman Schneider asked if the liquor license could be granted for a certain period of time. Mr. Herrick stated that he would be concerned with Mr. DeFoe acquiring the property, making the improvements and then limiting � the liquor license for only a certain number of months. He stated, however, that if the teen nights are allowed, there may be a condition that it is on a trial basis for a short period of time. If there were serious problems, the owner would agree to terminate that portion of the operation and continue to operate the bar and restaurant. Councilwoman Bolkcom stated that her ooncern is how to define serious problemse She questioned why Mra DeFoe would call the police if the teen nights are based on t�e number of police calls or problems he has with this operation. She stated that if there was vandalism in the area, it may be difficult to prove if it was teens attending this establishment. Mr. Herrick stated that Council would have �o make a decision as to what they considered serious. He stated that from the stand- point of the courts, there would have to be records to show that there were problems with businesses near this activity. He stated that it is not likely the court would overturn the Councile Mr. Herrick stated that Council could continue the public hearing, as it has brought out definite concerns that need to be addressed. He stated that if Council wishes staff to attempt to work out stip- ulations, it could be done between now attd the next Council meeting. � Councilman Billings stated that he would be in favor of continuing the public hearing and, unless Council has any new information at � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3. 1994 PAGE 11 the time of the next meeting, vote on the application at the October 17 Council meeting. He stated that he would be willing to approve tha liquor license, and allow teen nights and all age nights with certain conditions. He stated that af these condi- tions were not met, the liquor license would still be in effecto but the teen nights would be eliminated. Councilman shown that willing to would not nights. Schneider stated his concern is that past history has teen clubs do not work. He stated that he would be go along with Councilman Billings' suqgestion, but he want liquor served anywhere on the premises on teen Councilwoman Bolkcom stated that she is inclined to agree with Councilman Schneider's remarks. Mayor Nee asked if it would be legal for Council representatives to be appointed to work with staff on the preparation of a docu- ment covering these issues. Mr. Herrick stated that he does not have any problem wath this suggestion. MoTION by Councilwoman Bolkcom to continue this public hearing � until the next Council meeting on October 17, 1994 and that Mayor Nee appoint a committee of two representatives from the Council �o work with staff and the applicant on stipulations. Seconded riy Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Mayor Nee stafed �fiat he would appoint Councilwoman Bolkcom and Councilman Billings as the Council representatives to work with staff and the applicant on this issue. OLD BUSINESS: 2. APPROVE JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF COUNTY ROAD NO. 102 (MAIN STREET) FROM 44TH AVENUE AND INTERSTATE 694 BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA (TABLED SEPTEMBER 19, 19941 (WARD 3): Mr. Flora stated that the public hearing for this project was held on September 6, 1994, and it is recommended that Council authorzze the Mayor and City Manager to execute this joint powers agreement for the reconstruction of Main Street. Councilwoman Bolkcom statecl that on Page 4, Item �Xo Maintenance, there is reference to the bikeway, and �his should be elimina�edo MOTION by Councilwoman Bolkcom to authorize the Mayor and City Manger to enter into the Joint Powers Agreement with Anoka County for the reconstruction of County Road No. 102 (Main Street) from FRIDLEY CITY COUNCIL MEETING QF OCTOEER 3. 1994 PAGE 12 � 44th Avenue north to Interstate 694. Seconded by Councilman Schneider. MOTION by Councilwoman Bolkcom to amend the Joint Powers Agreement by eliminating the words "and bikeway" on Page 4, under Item IX, Maintenance. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the mo�ion carried unanimouslyo NEW BUSINESS: RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1994; A. SPECIAL USE PEI2MIT REQUEST, SP #94-12, BY MONTE AND MICHELLE MAAER TO ALLOW CONSTRUCTION IN THE FLOOD FRINGE DISTRICT, GENERALLY LOCATED AT 7965 RIVERVIEW TERRACE N.E. (WARD 31: Mr. xickok, Planning Coordinator, stated that this is a request for a special use permit to allow construction in the flood fringe district. He stated that the petitioner wishes to construct a 26 foot by 40 foot addition in the rear of the dwelling unit. He � stated that the Planning Commission reviewed this request and recommended approval with three stipulations. He stated that staff has added an additional stipulation for the petitioner to execute a hold harmless agreement. Mr. Hickok stated that the petitioner also applied for a variance to reduce the rear yard setback from 40 feet to 30 feet, and this was unanimously approved by 'che Appeals Commission at their August 23, 1994 meeting. MOTION by Councilwoman Bolkcom to grant Special Use PermitP SP #94-12, with the following stipulations: (1) the petitioner shall submit an eleva�ion certificate prior to the foundation being capped which shall verify that the minimum first floor elevation is 824.00; (2) the petitioner shall submit a grading and drainage plar�prior to the issuance of a building permit; (3) the petitioner shall dedicate a 15 foot flood control and street easement along the Riverview Terrace property line; and (4) the petitioner shall execute and record aqainst the property a hold harmless agreement indemnifying the City from liability as a result of flood damage. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion caxried unanimously. B. SPECIAL USE PERMIT REQUEST, SP #94-13, BY JOHN RICE, JR., TO ALLOW CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE IN THE � FLOOD FRINGE DISTRICT, GENERALLY LOCATED AT 8041 RIVERVIEW TERRACE N.E. (WARD 3 L Mr. Hickok, Planning Coordinator, stated that �his is a two-part request for a special use permit to allow construction of a second accessory structure and allow construction of an accessory struc- FRIDLEY CITY COUNCIL MEETING OF OCTOHER 3, 1994 PAGE 13 � ture in the flood fringe district. He stated that the petitioner wishes to aonstruct a 26 foot by 30 foot garage on the east portion of the lot. He stated that the Planning Commission recommended approval of this request with five stipulations. Mr. Hickok stated that the petitioner also applied for a variance to reduce the setback of the proposed accessory structure from 30 feet to 19 feet from the side street. He stated that the Appeals Commission unanimously approved the variance. Mr. Hickok stated that staff reoommends concurrence with the P1an- ning Commission recommendation for approval of this special use permit. MOTION by Councilwoman Bolkcom to grant Special Use Permit, SP #94-13, with the following stipulations: (1) the petitioner shall provide a hard surface driveway by October 3, 1995; (2) the structure shall be architecturally compatible with the existing dwelling; (3) the accessory structure shall be floodproofed in accordance with current regulations; {4) the petitioner shall execute and record against the property a hold harmless agreement indemnifying the City from liability should flood damage to the structure occur; and (5) the petitioner shall dedicate an 11 foot flood control street and utility easement along the west property � line. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. RESOLUTION N0. 85-1994 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #94-05, TO SPLIT ONE PROPERTY INTO TWO SEPARATE PARCELS, GENERALLY LOCATED AT 1535 GARDENA AVENUE N.E. (BY BAILEY TILLER) iWARD 2): Mr. Hickok, Planning Coordinator, stated that this is a request for a lot split for the property at the northeast quadrant of Gardena Avenue and oakwood Manor. He stated that the property is zoned R-1, the lot was once described as Lot 20, Auditor's Sub-division 92, and is now a series of lots occupied by three homes and four accessory buildings (1535 Gardena Avenue, 1555 Gardena Avenue and 5925 Oakwood Manor). Mr. Hickok stated that in 1964, Mr. Bailey Tiller requested a subdivision which was approved to divide the property in a north/ south direction. He stated that in 1965, a further subdivision was requested to split the southern parcel into two lots. He stated that Mr. Tiller's original homestead existed on one of the southern parcels. He stated that, unfortunately, the lot split approved in 1965 was not recorded but was brought to the attention of staff zn 1987. � Mr. Hickok stated that in 1987, this item was before the Council for reconsideration of the lot split and was approved. He stated that the legal descriptions given at the time of the 1987 review FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3. 1994 PAGE 14 � indicated two clearly defined lots. He stated that the oakwood Manor lot was clearly separated by its legal description and is not part of the current lot split consideration. Mr. Hickok stated that this lot split request would solidify and accomplish what Mr. Tiller wanted in 1965 and would separate Parcel B. He stated that the standard lot width for this zoning district is 75 feet, and this newly divided lot would only be 74-1/2 feet wide. He stated that it is staff's opinion that this variance of one half foot would not be visible from the street. He stated that the lot size exceeds the requirements. Mr. Hickok stated that there are four accessory structures on the property, and Stipulation No. 2 would require a verification survey to determine setback distances. He stated that the lot spli� also allows a three-year window for this subdivision to be recorded. Mr. Hickok stated that the Planning Commission recommended approval with seven stipulations and staff concurs. Councilman Schneider asked if someone could �uild on the site leaving the existing structures and still meet code requirements. Mr. Hickok stated that there could be restraints on the building � design, but it could fit on the lot. He stated that it would, however, have to be architecturally compa�ible. Councilman Schneider stated that once the lot is developed into residential use, if the code is met and it is architecturally compatible, he does not have a problem. However, he would not want these structures to be "grandfathered.B° Mr. Sohn Tiller stated that he was speaking on behalf of his father, Bailey Tiller. He stated that his father wishes the struc- tures to remain, and it would be the decision of the person who purchases the Tot whether they want to remove the structurese Councilman Schneider stated that Council has been �rying to upgrade the residential neighborhoods and wanted to make sure any construc- tion would meet current building code and setbacks. He stated that a home would have to be architecturally compatible. He is also assuming that a home would not be concrete block to be compatible with the existing structure. Mr. John Tiller stated that his father did not want these stipula- tions, as he felt he had already been granted the lot split and is only seeking re-approval. Mr. Herrick, City Attorney, stated that if someone applies for a � building permit they may have to reside the garage in order for it to be compatible with a new home. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3 1994 PAGE 15 Councilman Schneider asked what happens with the existing struc- tures once the lot split is approved. He also asked if the City can require that they be within the current setbacks. Mr. Herrick stated that the existing structures may be considered "grandfathered," but there would be control, as the person who purchases the lot will have to meet the setbacks, If this cannot be done it would require a variance application. Ms. Dacy stated that the issue at the time a building permit is requested would be the lot coverage. She stated that depending on the construction, there may be a variance request in the future. She stated that she knows this is unusual because there typically are not accessory structures existing on a lot before the main structure. Mr. Burns, City Manager, stated that it seemed unusual that the concrete structure would be only three feet from the property lineo Ms. Dacy stated that is the reason staff is requiring Stipulation No. 2 to verify the setback distances. Councilman Schneider stated that he wished the record to indicate it is Council°s intent when this lot is developed that it would � comply with the code or the petitioner would proceed with the variance process. MOTION by Councilman Schneider to adopt Resolution No. 85-1994, with the following stipulations attached as Exhibit A: (1) approval of a variance to the lot width requirement of 75 feet to allow the creation of this 74.51 foot wide lot; (2) a verification survey will be required to determine setback distances; (3) all accessory structures may continue to exist, but shall not be occupied; (4) Lot Split #94-05 shall be recorded by October 3, 1997, or prior to transfer of ownership, whichever occurs first; (5) a park dedication fee of $750.00 shall be paid prior to the issuance of a building permit for this parcel; (6) the propexty owner shall be responsible for the installation of separate sewer and water �o accommodate a new residence on fhe newly created lots; and (7) a 20 foot utility easement shall be dedicated across the Oakwood Manor (west) end of the newly created lot, and the lot at the corner of Oakwood Manor and Gardena Avenue, adjacent to the riqht-of-way. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion oarried unanimously. 4. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETSNG OF SEPTEMBER 13, 1994: � A. VARIANCE REOUEST, VAR #94-24, BY WILLIAM C. FORSTER CORPORA- TION, TO INCREASE THE MAXIMUM SQUARE FOOTAGE OF A SIGN FROM SO SOUARE FEET TO 96 SOUARE FEET. GENERALLY LOCATED AT 5277 CENTRAL AVENUE N.E. (GROUND ROUND RESTAURANTI (WARD 1): Mr. Hickok, Planning Coordinator, statecl that this is a request for a variance for a sign at Ground Round Restaurant at 5277 Central FRIDLEY CITY COUNCIL MEETZNG OF OCTOBER 3, 1994 PAGE 16 � Avenue N.E. He stated that the current sign is 120 square feet, and the new sign would be 96 square feet. He stated that in 1973, Ground Round received a variance to allow installation of a 96 square foot sign. A 24 square foot readerboard was later approved and added to the existing 96 square foot sign. He stated that in 1992, a variance was granted to allow the continuation oi the 120 square foot sign but to modify the readerboard to be internally lit. Mr. Hickok stated that the Appeals Commission unanimously recom- mended approval of this variance without stipulations. He stated that staff concurs with this recommendation and also recommends that five stipulations be added which he outlined. MoTION by Councilman Billings to grant Variance Request, VAR #94-24, with the following stipulations and remain in effect until: (1) the sign is altered in any way except for routine maintenance and change of inessages which makes the sign less in compliance with the requirements of Chapter 214 than it was before the alterations; (2) the supporting structure of the sign is replaced or remodeled; (3) the face of the sign is replaced or remodeled; (4) the sign becomes dilapidated or damaged, and the cost of bringing it into compliance is more than fifty percent of the value of said sign, at which time all of the sign and its � structure be removed; and (5) notwithstanding Stipulation No, 1 above, upon change of name of business being displayed outside, Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDER REOUEST TO AMEND CHAPTER 213 OF THE FRIDLEY CITY CODE (FENCESI° Ms. Dacy, Community Development Director, stated that at the September 6, 1994 Council meeting, Mr. Bruce Ackland, Vice President of Certified Auto Recovery at 3737 East River Road requested that the City consider amending Chapter 213 of the City Code to permit fences charged with an electrical current. Ms. Dacy stated that staff has contacted seven neighboring commu- nities. Four cities prohibit electrical fences, and three do not specifically address thzs issue. She stated that the League o:E Minnesota Cities was also contacted, and staff is waiting for their reply. She stated that staff contacted five of the eight commun- ities which Mr. Mullis of Sentry Security Systems recommended. She stated that these are located across the country. Three communi- ties have adopted restrictions after the fact, and two of the counties do not specifically address electric fencesa Ms. Dacy stated that in reviewing the zoning map and the location � of commercial and industrial districts in relation to residential districts, electric fences should be allowed only in industrial districts as a special use permit and at a reasonable distance form w�w � FRIDLEY CITY CpUNCIL MEETING OF OCTOBER 3, 1994 PAGE 17 residential neighborhoods. She stated that if Council chooses to proceed with an ordinanoe amendment to permit an electrically charged fence, the petitioner should file a Zoning Text Amendment with an application fee of $300.00 to amend the industrial district in the Zoning Code to permit electric fences. She stated that the petitioner should also file an application for a special use permit for the fence. Ms. Dacy stated that staff is suggesting �he following criteria be included: (1) no electrically charqed fence shall be located less than 500 feet from any residential zoning district boundary, or site used for residential purposes; (2) the property owner shall submit a certificate of insurance in an amount not less �han $500,000; (3) the property owner shall sign a�old harmless agreement indemnifying the City from any damage, loss or injury relating to use of this fence; (4) the electrically charged fence shall be located within a perimeter fence no less than eighteen inches from said perimeter fence. In no case, shall an electrical fence be the only fence on the property; (5) the electrically charged fence must be UL approved; (6) signage shall be placed on the fence containing a warning statement that the fence is elec- trically charged; and (7) the fence shall be electrically charged between 8:00 p.m. and 8;00 a.m. � Mr. Ackland, Vice President of Certified Auto Recovery, stated that he actually had a list of stipulations similar to the ones outlined by staff. He stated that he wanted to work out this issue with the City to everyone's satisfaction. Mayor Nee stated that in his mind, electrical fences are like cattle prods. ' Mr. Ackland stated that, basically, it is similar as a person would get an electrical charge if they touched the fence. He felt that there should be signs on the outside of the fence that warns persons that the fence is charged and that they will receive a shock. He stated that they are trying to deter crime and the elec- trical fence helps in this effort. He stated that since the elec- trical fence was installed they only had one polzce call over a ten month period. Before the fence was installed, they nad over a dozan police calls in a year. Mr. Ackland felt that the liabilities in allowing teen niqhts, as discussed earlier by Council, are much greater to the City than this electrical fence. Councilwoman Bolkcam asked if Sentry Security Systems is aware of any medical problems that may occur if someone comes in contact with Yhis electric fence. Mr. Ackland stated that he does not have any information relating to this issue. He stated that their naf.ionai association has a FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1999 PAGE 18 � tremendous number of these fences installed throughout the country, and they are effective. Councilman Schneider stated that it seems if someone came in contact with the fence, they would have to be trespassing. He questioned how the City would protect themselves from liability. Mr. Herrick stated that he believes the electric fence is similar to those used on a farm to keep cattle from getting out. He stated that he qrew up on a farm and used to see who could hold on the longest to the fence. He stated that if this is similar, he did not believe there was a problem. He stated that the City would want to make sure the technical standards are included so it would not become too powerful. He felt that if the City requires a hold harmless agreement and insurance and, with the City�s own insurance coverage, he did not believe there is any substantial risk. Mr. Ackland stated that the only item he would like changed in the criteria recommended by staff is the times when the fence could be charged, as most businesses do not stay open until 8:00 p.m. Ms. Dacy stated that the basis for that recommendation was the petitioner, at the previous Council meeting, had indicated they only oharge the fence at night. � Councilman Billings stated that a zoning amendment would require four affirmative votes of the Council. He felt that staff would like to know if there is enough support to proceed with the amendment process. It was the consensus of the Council that they would support a zoning amendment if no negative information was received from the League of Minnesota Cities. Ms. Dacy stated that she would inform the Council and the peti- tioner when a response is received from the League oi Minnesota Cities. 6. ESTABLISH A PUBLIC HEARTNG FOR OCTOBER 17, 1994, FOR AN ORDINANCE MQDIFYING CHAPTER 506 TO REGULATE THE PLACEMENT OF LARGE COMMERCIAL VEHICLES ON RESIDENTTALLY ZONED PROPERTY: MOTION by Councilman Billings to set the public hearittg on this item to modify Chapter 506 of the City Code for October 17, 1994e Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. AUTHORIZE PURCHASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND DONALD AND CAROL DICKISON FOR THE PURCHASE OF THE PROPERTY � GENERALLY LOCATED AT 5973 THIRD STREET N.E. fWARD 3): Ms. Dacy, Community Development Director, stated that at the last Council meeting, the council evaluated a s�ecial use permit �or � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1994 PAGE 19 occupancy of a building at 5973 3rd Street. She stated that this property is zoned S-1, and the intent of this zoning district is to return the non-residential uses to a residential use. Ms. Dacy stated that Council, therefore, denied this special use permit and the re-occupancy of this building and directed staff to negotiate a purchase agreement with the owner for acquisition of the property. She stated that Council has before them a purchase agreement in the amoun� of $1D5,000 for acguisition of this property. Ms. Dacy stated that the petitioner for the special use permit, Gary Maciej, will continue his lease agrement at his present location. Mr. Herrick, City Attorney, asked if the City has received a clear title for this property. Ms. Dacy stated that this was being arranged with Chicago Title, and the closing would not be held unless this document is received. MOTION by Councilwoman Bolkcom to authorize the City Manager to execute the purahase agreement and closing documents with Mr. and Mrs. Dickison to acquire the property at 5973 3rd Street N.E., as � long as the title issues are resolved. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 8. RESOLUTION NO. 86-1994 DESIGNATING POLLING PLACES AND APPOIN- TING ELECTION JUDGES FOR THE NOVEMBER 8, 1994 CITY AND STATEWIDE GENERAL ELECTION: MOTION by Councilman Schneider to adopt Resolution No. 86-1994. Seconded by Councilman Billingsa Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVE 1995 SCHOOL REFERENDUM LEVY RETURN AGREEMENTS fSCHOOL DISTRICT NOS. 11, 13, 14 AND 16): Mr. Pribyl, Finance Director, stated that these agreements will return the referendum levy monies to the school districts. He stated that the HRA approved the agreements and, if approved by the Council, this would be the eiqhth consecutive year that these monies have been returned to the school districts. He stated that the approximate amounts to be returned are as followse School District 11, $16,416; School District 13, $2,648; School District 14, $232,531; and 5chool District 16, $59,345. Mr. Pribyl stated that these amounts are only estimates, anfl these are voluntary levies which are being returned. Councilman Schneider felt that perhaps the Legislature should be aware of these returns to the school district� � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3. 1994 PAGE 20 MOTION by Councilwoman Bolkcom to approve the agreements with School Districts No. ll, 13, 14 and 16 and authorize the appro- priate City officials to execute same. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE BIDS FOR OSBORNE ROAD SANITARY SEWER REPAIR, PROJECT NO. 249 fWARD 3) Mr. Flora, Public Works Director, stated �hat bids were received for the Osborne Road sanitary sewer repair and were considerably higher than the budgeted amount of $60,000. He stated that he felt the time of year limited the number of potential bidders, and a competitive bid was not received for this project. He requested that Council receive and reject the bids, authorize staff to revise the plans and specifications, and re-advertise. MOTION by Councilman Schneider to receive the following bids for the Osborne Road Sanitary Sewer Repair, Project No. 249e Northdale Construction 14450 Northdale Boulevard Roqers, MN 55374 � Dave Perkins Contractor, Inc. 14230 Basalt Street P.O. Box 277 Ramsey, MN 55303 � $164,891.00 $180,740.00 Seconded by Councilwoman Bolkcom. upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to reject the bids for the Osborne Road Sanitary 5ewer Repair, Project No. 249, and authorize staff to revise the plans and specifications and re-advertise. seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVE BIDS FOR THE WASHINGTON STREET WATERMAIN REPAIR, PROJECT NO. 272 (WARD 11: Mr. Flora, Public Works Director, stated that bids were received for the Washington Street watermain repair, and they were over the budgeted amount for this project. He stated that he felt the time of year limited the number of available bidders resulting in a higher bid, He requested that Council receive and reJect the bids, authorize staff to revise the plans and specifications, and re- advertise. � � � FRIDLEY CITY COUNCIL MEETING OF QCTOSER 3, 1994 PAGE 21 MOTION by Councilwoman Bolkcom to receive the following bids for the Washington Street Watermain Repair, Project No. 272: Dave Perkins Contracting, Inc. 14230 Bassalt Street Ramsey, MN 55303 Penn Contracting, Inc. 1697 Peltier Lake Drive Centerville, MN 55038 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Ro-SO Contracting 7137 20th Avenue N. Centerville, MN 55�38 Hydrocon, Inc. P. O. Box 129 North Branch, MN 55056 $44,000.00 $45,475.00 $57,850.00 $68,270.OQ $79,330.00 5econded by Councilman Schneider. Vpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to reject the bids for the Washing- ton Street Watermain Repair, Project No. 272, and authorize staff to revise the plans and specifications and re-advertise. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. APPOINTMENT TO THE PARKS AND RECREATION COMMISSION: Mayor Nee stated that it may be appropriate to advise the public that there is a vacancy on this Commission. Councilwoman stated tha� she understands �here is some interestp but no one has formally applied. MOTION by Councilman Schneider to table and bring this itern back at staff's discretion and to advertise this vacancy �hrough the newspaper and cable televisione Seconded by Councilwoman Bolkcom< Councilman Billings s�ated several months ago, the Director of Recreation and Natural Resources specified guidelines he felt were appropriate, this vacancy was advertised in the Focus News and on cable, He stated that the City received interest from only one applicant who met those guidelines. He stated that he felt it would be good to have a female on the Commission who had young children and was not a resiclent in School District 14, so they could get other school districts involved. � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1994 PAGE 22 Mayor Nee stated that he was not aware that the vacancy had been advertised. Councilman Schneider stated that as a general policy, he would like background information on the applicants. He stated that he did recall some information on the person to which Councilman Billings is referring. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 13. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, requested that Council take action on the £ollowing items: (1) Reschedule a meeting with Kevin Thomas; (2) authorize the purchase of the remaining eleven personal computers; (3) establish a public hearing for curb and gutter foz the East River Road improvement; and (4) concur with a 6�0� p.m. star�ing time for the joint HRA/Council meeting on October 24, 1994. MOTION by Councilman Schneider to reschedule the meeting with Kevin Thomas at the discretion of the City Manager. Seconded by Council- woman Bolkoom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to authorize the purchase of the remaining eleven personal computers under the State contract. Seconded by Councilman Sillingsa Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to concur with the recommendation of staff for the assessment of curb and gutter �or �he Eas� River Road improvement project and direct staff to bring forth the appropriate documents for the Council to establish a public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to concur with a starting time of 6:00 p.m. for the joint meeting of the HRA and City Council on October 24, 1994. Seconded by Councilman Schneider. Upon a vaice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that the newspaper should be notified of this change in time. 14. CLAIMS• MOTION by Councilwoman Bolkcom to authorize payment of Claim Nos. 57931 through 58157. Seconded by Councilman Schneider. Upon a vaice vote, all voting aye, Mayor Nee deolared the motion carried unanimously.