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10/17/1994 - 00004766� L __I � THE MINUTES QF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 17. 1994 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: PROCLAMATION: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilwoman Bolkcom None TURN OFF THE VIOLENCE DAY. OCTQBER 27. 1494: Mr. Burns, City Manager, read this proclamation to declare october 27, 1994 as Turn Off the Violence Day. Mayor Nee issued the proclamation and encouraged citizens to examine the way they resolve anger and conflicts and to begin to resolve them without violent words or actions. Mayor Nee presented this proclamation to Rosie Griep of the Police Department. Ms. Griep stated that Turn Off the Violence Day began in Minnesota in 1991 and has qone nationwide. 5he stated that many states have joined in turning off the violence and encouraged citizens to turn off violent television programs and to resolve conflicts without violence. APPROVAL OF MINtTTES: COUNCIL MEETING, OCTOBER 3, 1994: Councilwoman Bolkcom stated that on Page 4, the second to the last paragraph, the word "has" is to be eliminated on the second line and inserted after the word "facility�� on the third line and to correct the spelling of the word "for" on the second line. MOTION by Councilman Schneider to approve the minutes with the above correction. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion caxried unanimously. FRZDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 2 � ADOPTION OE AGENDA: Mayor Nee stated that three public hearings are to be added after Item 2, as follows: Public Hearing on the Assessment for 1994 Service Connections; Public Hearing on Assessment for Street Improvement Project No. ST 1993 - 1& 2; and Public Hearing on Assessment £or 64th Avenue 5torm Water Improvement Project No. 260. MOTION by Councilman Schneider to adopt the agenda with the above additions. Seconded by Councilwoman Bolkcom. LTpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 1. PUBLIC HEARING ON THE ISSUANCE OF AN INTOXICATING LIOUOR LICENSE TO THE SHARX CLUBISHARX SPORTS BAR GENERALLY LOCATED AT 3710 EAST RIVER ROAD N..E. (CONTINUED OCTOBER 3. 19441 (WARD 31: � Mayor Nee re-opened this public hearing at 7:40 p.m. Mr. Pribyl, Finance Director, stated that the Public Safety Direotor has been working with the City Manager regarding the issues of the teen and all age nights for this establishment. Mr. Burns, City Manager, stated he understood that Council's direction from the last meeting was for staff to prepare stipula- tions that might be used should Council wish to allow teen nights under this liquor license. Councilman Billings stated that he and Councilwoman Bolkcom met with the Public Safety Director and City Manager to review the stipulations. He stated that these stipulations would only be used if Council decided they wanted to allow teen nights. He stated that staff's recommendation is that Council not allow teen niqhts at this establishment. Councilwoman Bolkcom stated that the stipulations were drafted by the Public Safety Director if Council approves teen nights. She stated that the petitioner, Mr. DeFoe, has a copy of those recommended stipulations. Councilman Billings stated that at the last meeting, a motion was made for staff and he and Councilwoman Bolkcom to meet with the � petitioner to draft some stipulations, however, the petitioner was not at the meeting. � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 3 Mr. Burns stated he understood that the Council sub-committee was to meet with staff and the stipulations were to be shared with the petitioner. Therefore, he takes responsibility for not inviting the petitioner. Mr. Sallman, Public Safety Director, state that the City Council had never considered the issue of a"teen night" in a licensed establishment. The decision on this request would constitute a policy decision. Mr. Sallman stated that the issue is not Mr. DeFOe°s character, but the Police Department is charged with the responsibility for the background investigation. He stated that Council has the authority to consider past liquor establishments tha� Mr. DeFoe has operated. He stated that Mr. DeFoe's establishment in Centerville, in 1993, had 75 police calls, including six assaults. He stated that, in comparison, the establishment which Mr. DeFoe wishes to occupy in Fridley had 27 police calls and five assaults. He stated that since Roper's was not in business in 1994, there is no compar- ison for this year; however, Mr. DeFoe°s establishment in Center- ville had lol police calls, including eight assaults. He stated that there are no establishments in Fridley that have a liquor license that even come close to this number of police calls. Mr. Sallman pointed out that Mr. DeFoe is aperating in a different environment in Centerville, as Fridley does not allow topless dancing. Mr. Sallman stated that staff does not support the request for teen nights. He stated that some of the problems that arise in this environment are assaults, weapons violations, and under age drinking. He stated that as Par as an all age night £or those persons fifteen years old to twenty years old, there are different laws that apply to these age groups in regard to smoking, curfew, and relationships. He felt that it was an inappropriate mix of ages. Mr. Sallman noted in M.S. 340A.503 that the City cannot prohibit any person eighteen, nineteen or twenty years old £rom entering a liaensed establishment for the purpose of: 1. working 2. eating meals 3. attending a establishment social function in the portion of the where no liquor is sold. Mr. Sallman also noted that it appears that the legislation recognizes two issues here. First that there is a difference between adults (eighteen years and older) and children (age seventeen and younger) and second that eating meals is different than some other activity such as a teen night. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 4 Councilman Schneider asked the City Attorney if the City has the authority to place the proposed stipulations on the liquor license. Mr. Herrick, City Attorney, stated that Council has broad discre- tion in refusing to issue a liquor license. He stated it is his opinion that should Council decide to issue the liquor license, but want to place some conditions on the license, they have the authority to do so. He stated that the conditions have to be reasonable and based on some evidence that they will protect the health, safety, and welfare of the residents of the communitye Councilwoman Bolkcom stated that �he Youth outreach Worker, Mr. Thomas, was asked to review this request. She asked if he had submitted comments. Mr. Sallman stated that Mr. Thomas also felt the all age nights were an inappropriate mix of ages, as different laws apply to these age groups. Mayor Nee asked Mr. DeFoe i£ he has reviewed the proposed stipulations. Mr. DeFoe stated that he has received a copy. He felt that some of the stipulations are logical, and there are some he would like � to discuss. He stated that it seems the number of police calls to his establishment in Centerville is a negative. He stated that they call the police for a lot of different things, and he felt that this should not be a negative aspect. He stated that they have a good relationship with the police department, and the police department patrols the parking lot. � Mr. DeFoe stated that teen nights are basically a good thing, as there is nothing wrong with dancing and socializing. He stated that all age groups are allowed to go to the beach and the bowling alleys. He stated that teen niqht are �ust another function for teens to attend. Mr. DeFoe stated that he would propose that there be no liquor on the premises on teen nights, and he would like the group to be fifteen year olds to twenty year olds. He stated that he knows he could run a qood establishment that would satisfy Council. Mr. DeFoe read letters from Tom Dario, a member of the Centerville City Council, and Gloria Newbauer in support of teen nights in Centerville. Councilwoman Jorgenson stated that there was an article from a gentleman running for Council in Centerville that eluded to Mr. DeFoe's business and the numerous police complaints which gives their city a bad name. Mr. DeFoe stated that this particular individual complained when he had a ski show that the waves were coming up on his dock. He ' � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 5 stated that he did not believe there was any law against '�kooks�� running for office. Councilwoman Bolkcom stated that she did not doubt that Mr. DeFoe has good intentions, but teens faoe enough challenges today and she felt the teen nights could not be closely supervised. Mr. DeFoe felt that he was offering a very closely supervised activity with no alcohol on the premises. Mr. Haluska, 5660 Arthur Street, stated that this location is the north anchor in a series of industrial bars. He stated that he is familiar with the problems these establishments bring to a community. He stated that these bars Punnel youngsters into the community to drink and drive. He stated that he is not interested in supporting expanded police protection for this area, and he did not want the polioe acting as bouncers and parking lot supervisors for the bars. He stated that most of the teen drinkinq accurs in the parking lots. He stated that he hopes Council votes against the liquor license and teen nightse MOTION by Councilwoman Bolkcom to receive the two letters submitted by Mr. DeFOe from Tom Dario dated October 17, 1994 and Gloria Newbauer dated October 7, 1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Bolkcom 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 8:3o p.m. Councilman Billings said the ordinance states that the liquor license shall not be approved at the same regular meeting as the public hearing. Mr. Herrick, City Attorney, stated that Council cannot formally approve it, but they could give some informal indication if they were in favor of issuing the liquor license. Mr. DeFoe stated that regardless important if he could obtain the like to open in a few weeks. of teen night, it would be very liquor license because he would Councilwoman Jorgenson asked if the liquor license could be rejected based on the statistics that were submitted regarding Mr. DeFoe�s Centerville establishment. Mr. Herrick stated that this could be a factor that Council may want to consider. Mayor Nee asked Council to informally give their opinion on the issuance of the liquor license. FRIDLEY CITY COUNCIL MEETYNG OF OCTOHER 17 1994 PAGE 6 � Councilman Billings stated that he would vote for the on-sale liquor license. Councilwoman Bolkcom stated that she would not be in favor of a liquor license without stipulations, as she is against a teen night and all age night. Mayor Nea stated that he could support the liquor license with the stipulation as noted by Councilwoman Bolkcom. Councilman Schneider stated that before he received information on the police calls, he could support the liquor license with the stipulations prohibiting teen night and all age night. He stated that now, however, he would like a further breakdown on the type of police calls to Mr. DeFoe's Centerville establishment. Councilwoman Jorgenson stated that she could not support a liquor license for this establishment. Mayor Nee stated that Council would take formal action on this request for a liquor license at the next regular Council meeting. 2. PUBLIC HEARING TO AMSND CHAPTER 506, CHAPTER 128 AND CHAPTER 11 OF THE FRIDLEY CITY CODE REGARDING PARKING OF LARGE � COMMERCIAL VEHICLES ON RESIDENTIAL PROPERTY: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:38 p.m. Ms. Dacy, Community Development Director, stated that this public hearing is to consider amendments to Chapter 506 of the City Code. She stated that more specifically, it is regarding proposed amendments to regulate large commercial vehicles on residential property. Ms. Dacy stated that a large commerciaT vehicle is defined as a truck, truck-tractor, tractor, trailer, semi-trailer, or bus having a licensed gross vehicle weight over twelve thousand pounds. 5he stated that one large commercial vehicle having a licensed gross vehiale weight over twelve thousand pounds may be parked on pro- perty in any residential district provided it meets the following requirements: (1) the vehicle owner must reside on the property; (2) the property owner must obtain a permit prior to parking the vehicle on the property; (3) the vehicle shall be parked on a hard surface driveway; (4) noise from idling the engine or starting the vehicle shall not exceed the decibel levels provided for in Chap- � ter 124 of the Fridley City Code; and {5) the permitted vehicle shall be parked at least ten feet from any property line. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 7 � Ms. Dacy stated that recreational vehicles are exempt as we1T as school buses (that are parked or stored on church properties and used in conjunction with church-related activities), and large commercial vehicles parked at hotels and motels. She stated that the effective date for this amendment would be March 1, 1995, and violations of the ordinance could be abated under Chapter 128 of the City Code. Ms. Dacy stated that she received a number of comments, both pro and con, on this proposed ordinance amendment. She stated that the question was raised if the ordinance applied to boats and boat trailers but that is not the intent. She stated that in regard to the section requiring the permit, there was a concern that an owner may be able to park two different vehicles on the property with each having a 120 day permitted period. She stated that the intent was to limit the parking of one vehicle. Ms. Dacy stated that another issue was if the ordinance applied to vans, She stated that vans weighing over twelve thousand pounds may be considered large commercial vehicles, and Council may want to consider adding the word "van" to the definitions of large oommercial vehicles. Mr. John Zimmer, 4021 California Street, stated that he is totally against this ordinance. He felt that it was ridiculous and an extra tax on the people. He stated that his brother has a F350 � truck and keeps it in his driveway to use for his work. He stated that it is a company truck he uses at the job sites, and it would be inconvenient for him to have to park the truck elsewhere. Mr. Jason Zimmer, 4021 California Street, stated that the truck to which his ]�rother refers is a Ford F350, and it is over twelve thousand pounds with the forms loaded on the truck. He stated that he uses the truck for transportation to work and the forms are used on the job. He stated that it should not be an extra burden for his boss to pay for a permit. Mr. Arnie Ostlund, 1453 64th Avenue, stated that he did not believe anyone could abide by the ten foot setback. Ms. Dacy stated that the concern was to make sure the vehicles were ten feet from the front property line. She stated that there were complaints about noise from vehicles in the side yard, and Council may wish to define from what property line, front or side. Mr. Ostlund stated that no one could afford to pay $300 a month to park in their own driveway. Mayor Nee stated that the purpose of the ordinance is to encourage the parking of larqe commercial vehicles in other places rather than residential areas. � Councilman Billings stated that he was not in favor of the ordinance. He also suggested that due to the lengthy agenda, it FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 8 � would be appreciated if everyone would restrict their comments to any new information that would be useful to Council. Ms. Kathleen Webber, 1371 75th Avenue, stated that she felt the ordinance was discriminato�y against small business owners. She stated that the home occupation ordinance states that a business may have two additional vehicles. She stated that last year a letter was received from the City suggesting that they may be operating a printing business out of their residence. 5he stated that they have never had a printing business in their home. She stated that they have gone out of their way to try to correct situations with their neighbors. Ms. Webber submitted a petition for Council to reject this proposed amendment. MOTION by Councilman Schneider to receive Petition No. 9-1994 submitted by Ms. Webber. Seconded by Counoilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Webber stated that they looked for a place to park their trucks, but they have not been able to find a location that was satisfactory and affordable. She stated that if they had their way the trucks would not be parked at their home, l�ut at this time there is no reasonable alternative. She stated that the trucks � parked in their driveway do not decrease property values, as two homes recently sold in their neighborhood for fair market value. She stated that the Department of Transportation controls the noise level for the trucks, and the State requires there 1�e an additive for diesel fuel to reduce the smell and exhaust fumes. Ms. Webber stated that she was told that commercial vehicles are not something expected in residential areas, but she questioned if motor homes, boats, and school buses are expected in residential areas. She stated that after the first meeting in April, a motel owner was told he would be exempt because it is his livelihood. Ms. Webber stated that their trucks are also their livelihood. She requested that Council not pass this ordinance amendment. Ms. Webber stated that they have a 15,000 pound and a 26,000 pound truck, as her husband contracts with a printing company and hauls printing goods. Councilman Schneider asked Ms. webber if their business was to grow and proposer and another truck was purchased, if they would also keep that truck at their home. Ms. Webber stated that they would not. Hopefully, if �he business grew, they would find another location, but this would not happen overnight. She stated that she has statements from neighbors that � they do not object to the trucks. Mr. Webber stated that he could take a 35 foot motor home and park it in his driveway and it would take the same amount of space as his trucks. � ' � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 9 Mr. Darrel Koopman, 5397 Altura Road, he stated that he has affi- davits from his neighbors that his truck is no problem. He stated that he has a semi-tractor that weighs 16,000 pounds. He stated that he pays a lot to the State for licenses and permits, and the City is now going to charge him $300 a month to park in his driveway. He felt that the City should enforce the laws that are on the books and fine those who do not comply. Mrs. Judith Koopman, 5397 Altura Road, stated that truck drivers are allowed a certain amount of driving time, She stated that if their truck was parked elsewhere they would have to log the hours it takes to go to pick up the vehicle. She stated that this would cut into their working schedule. Mr. Bob Schewe, 1153 Mississippi Street, stated that he has a truck that measures 20 feet by 18 feet. He stated that he now pays $2,000 a year in taxes. If he has to obtain a permit to park the truck in his driveway, he felt that the owners of motor homes and boats should also be required to obtain a permit. Councilman Schneider asked Mr. Schewe if he knew if other drivers took their trucks home or where they parked them. Mr. Schewe stated that he has a friend in Coon Rapids that takes the truck home. He stated that there may be an ordinance in Coon Rapids, but it is not enforced. Ms. Dolores Kastensen, 1541 Rice Creek Road, stated that she feels this is a zoning problem. She felt that this amendment regulates commercial vehicles where none has previously existed. She stated that the residential zoning brings reasonable expectations, and this does not include large rigs in the yards. She stated that the heart of any community is their residential areas. In 21 surroun- ding communities, none are as liberal to truck operators as Fridley. She stated that owners have investments in residential property and should not have to put up with a constant industrial environment. Mr. Curt Barsness, 6581 Central Avenue, stated that he is not di- rectly affected by this ordinance amendment. He stated that many people attended the last meeting who had recreational vehicles and who spoke against this amendment. He stated that he has heard nothing that suggests the trucks create any health or safety risk. He felt that the real intent of the ordinance was to remove a small group of truck owners and operators from the community, He stated that he is not in favor of the ordinance. He felt that there must be a way of solving neighborhood problems wrthout driving people from the community. He believed that people should have their trucks on the property. A buffer may be necessary between the neighbors, but he cannot see giving them no other alternative than to leave the neighborhood. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 10 � Mr. Gary Phillips, 531 Mississippi Street, stated that he has been in the towing business for twenty years, and he parks his vehicle at his home. He stated that his neighbors do not have any problem with it. He stated that it would be hard to offer 24-hour service if he could not park his vehicle at his home. He stated that he considers his truck an emergency vehicle, and he felt that it also should be exempt. He stated that his truck is licensed at 21,000 pounds. He stated that if he had to obtain a permit, he would not be able to remain in business. Mr. Bob Calderon, 6401 Central Avenue, stated that he has a truck that is 18 feet long and weighs between 12,000 and 13,000 pounds. He stated that this is his roving office. If it would cost him $800 per month with the new ordinance to store �he vehicle, he cou�d not afford this expense. Mr. Henry Zimmer, 4021 California Street, stated that he did not think this amendment would mean justice for all. He stated that his son depends on his truck for his work, and he felt his son should have the right to park it in the driveway. Mr. Zimmer stated that he would like persons to contact him for a lawsuit against the City if this ordinance amendment is approved. Mr. Mervin Herrmann, 278 Mercury Drive, stated that he agrees with � the comments that have been made because he was once in the truck- ing business. He asked if recreation vehicles were affected by this amendment. Ms. Dacy stated that recreation vehicles are exempt from this proposed ordinance amendment. Councilman Schneider stated that if this ordinance amendment was adopted, as far as parking on the street, it would be no different than the ordinance now in effect. He stated that this amendment states that recreational vehicles are exempt from obtaining a permit. Ms. Janet Langner (speaking for Lester Chies, 1530 Rice Creek Road) stated that she understands the City receives only seven or eight complaints a year on this issue, and she cannot understand why so much time has been spent to change this ordinance. She stated that people should evaluate the neighborhood when they move into it and, if there are legal conditions that exist, they should either adjust to them or leave the neighborhood. She £elt that this whole issue revolved around two neighbors, and she did not think the whole City should be punished for only a few complaints. She stated that her father, Les Chies, is willing to get rid of one of f.he trucks, and there is not a problem keeping it within ten feet of the property line. � Mr. Robert Hartwig, 4921 3rd Street, stated that he lives in an apartment complex and owns a 19,500 pound semi-tractor trailer. FRIDLEY CITY COUNCIL MEETTNG OF OCTOSER 17. 1994 PAGE lY � He stated that he parks this semi-tractor next to the apartment building on the street, and none of the neiqhbors have complained. He stated that i£ he took this tractor to the yard where he works, it would mean a sixty mile commute. He stated that it is too costly to find a place to park this tractor. If this ordinance amendment is approved he would have to move out of Fridley. He stated that he understands the City received a letter from the Minnesota Trucking Association urging Council not to approve this amendment. MoTION by Councilman Billings to receive the letter dated October 13, 1994 from the Minnesota Trucking Association. Seconded by Councilman Schneider. MOTION by Councilwoman Jorgenson to amend the above motion to include the receipt of letters from Charlotte Halpin of the Farmers Insurance Group dated October 13, 1994 and Shirley Switzer dated October 12, 1994. Seconded by Councilwoman Bolkcom. 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. � Mr. Robert Miller, 6293 Jackson Street, stated that he is a plumbing and heating contractor, and he cannot afford the extra expense to store his vehicle. He stated that the vehicle is licensed at 18,000 pounds. He felt that the City should enforce the noise and pollution ordinances. He stated that he would not be able to respond to his customers in a timely fashion if he had to keep his vehicle at another location. Councilwoman Jorgenson stated that other plumbing and heating contractors in other communities are not allowed to park their vehicles in their driveways. She felt that Mr. Miller probably has an advantage from those in surrounding communities who cannot respond as quickly to their customers since their vehicles are not parked in their driveways. Mr. Rich Olson, 1660 Mississippi Street, stated that he is a plumber and has two vehicles at his home rated at 15,00o pounds. He stated that he performs emergency services and needs this size vehicle in order to respond to emergencies. He stated that he is not in favor of this ordinance amendment. Mr. ,Toe Nelson, 1357 64th Avenue, stated that there are two com- mercial vehicles on his street where botka of the owners are very responsible, He felt that this ordinance would be discriminatory against them, and he asked Council to vote against it. ' Mr. Dennis Oswald, 6330 Quincy Street, stated that he does not own a large truck, but he has friends who have a large commercial FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 12 � vehicle. He stated that he has a motor home, and it is no dif- ferent than a big truck. He felt that the permit was very unfair, and he stated that he was speaking for a lot of truck drivers that could not be here this evening. Mr. Darwin Voight, 6750 Main Street, Fridley Bus Company, stated that this ordinance amendment proposes that no permit shall be valid unless it is clearly visible from the public right-of-way. He stated that if he wants to park a commercial vehicle on his property it has to be screened, and in this amendment it has to be visible in a residential area. He stated that he would recommend that school buses be exempt. Councilman Schneider stated that screening was discussed, but it was felt that it would be prohibitive for most people. Mr. Olson, 1660 Mississippi Street, stated that screening vehioles in a driveway would limit visibility. Mr. Ronald Heikkila, 1371 Skywood Lane, stated that the City is asking for $30D a month from his income to pay for a permit. He stated that his home is 150 feet from the street. None of his neighbors have complained about his truck, and no one even notices it is in the driveway. He stated that he is totally against the � ordinance amendment. He stated that the City is forcing hard working people to move out of the City. Mr. Robert Gideo, 5372 6th Street, stated that the City of Columbia Heights has a 15,00o pound weight limi�. He felt that the ordinance amendment was ridiculous. He stated that his 1993 Ford dump truck weighs 51,000 pounds and is worth more than his home. Mr. Anthony Pikus, 4036 Main Street, stated that he is against this ordinance amendment. He stated that he has a van that he has been parking in his driveway for thirty years. He stated that if he parks this vehicle away from his residence and anything is stolen, the insurance company would not cover the loss. Mr. Clarence Theisen, 111 63rd Way, stated that he is against the ordinance, and he would like any reference to travel trailers removed from this ordinance amendment. Mr. Don Gonko, 1361 75th Avenue, thanked Council for taking time to stop by his home to observe his neighbors' trucks that he had taken photos of last April. He stated that he looks at recrea- tional vehicles in an entirely different light, as they are not driven in and out of the driveway day in and day out, 365 days a year. He stated that these trucks were not in his neighborhaod when he moved into his home. He stated that he moved into his home � on the cul-de-sac where it would be quiet but this is no longer the case. He stated that he is in favor of the ordinance amendment. He stated that he did not complain when his neighbors had one truck but did so when there were two. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 13 � Mr. Gonko stated that at the April 18 meeting, Councilman Billings mentioned a valid point that if someone driving a large commercial vehicle was visiting in Fridley, where would they park? He felt that this issue should be taken into consideration to cover this type of situation. Mr. Willard Kastensen, 1541 Rice Creek Road, stated that Fridley has seventeen thousand residential homes. Any home can have trucks as long as they are licensed and parked off the street. He stated that vans and recreational vehicles are family oriented and used for recreational purposes and should not be compared with large commercial vehicles that are used for business purposes. He stated that there are twenty neighboring communities that do not allow trucks in a residential area. Ae stated that there was reference that there were only seven or eight complaints a year against large commercial vehicles. He stated that there were many calls but only these were enforceable. He stated that in his work, he has to pay for parking. Persons in the trucking business should know there is overhead. Councilman Billings stated that as he indicated earlier, he is opposed to this ordinance amendment. He stated that this particu- lar amendment does not make provisions for truckers who are visi- ting in the City. He stated that he understands the motivation for � this amendment is that the vehicles are unsightly. He stated that he is not proposing that recreational vehicles be included, but he personally finds a 35 foot recreational vehicle just as unsightly as the vehicles that are being banned by this ordinance amendment. Councilman Billings stated that another concern is that there are a number of vehicles that are commercial in nature that people bring home from their work, such as pickup trucks and vans, some of which are rusty and have items hanging all over the outside. He stated that this would be permitted under this amendment, but those who have a larger vehicle so that they can keep items ouz of sight would no� be permitted to bring it to their home. Councilman Billings stated that the ordinance amendment addresses two particular pieces of property where there have been multiple complaints. He stated that it does not address visual and noise pollution. 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 10:40 p.m. Councilwoman Jorgenson felt that the ordinance amendment needed more work and fine tuning, as several issues were brought up this � evening. She stated that she appreciated everyone coming to the meeting. � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 14 Councilman Schneider stated that he also felt more work needed to be done. He stated that the intent of the proposed ordinance amendment was not to generate money for the City nor was it inten- ded to drive individual truckers or over-the-road truckers out of the City. He stated that the calls he receives are about multiple trucks in people's yards. He stated it is alleged that in some cases, the drivers are running the trucks for a particularly long time. He felt that this proposed amendment needed further study. Councilwoman Bolkcom stated that she is not sure this amendment would eliminate some o£ the problems. She stated that there is nothing in the ordinance relating to noise and smells, and she is not sure this amendment would take care of some of the issues. She felt that, basically, people have to get along with each other. Mayor Nee stated it is his understanding that Council does not wish this item to be on the agenda for the next meeting. RECESS: Mayor Nee called a recess at 10:50 p.m. RECONVENED: Mayor Nee reconvened the meeting at 11:00 p.m. All members of the Council were present. 2.1 PUBZIC HEARING ON ASSESSMENT FOR 1994 SERVICE CONNECTIONS: MOTION by Councilman Schneider fo waive the reading of the public hearing notice and open the public hearing, Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 11:01 p.m. Mr. Pribyl, Finance Director, stated that there is only one pro- perty involved in this assessment for 1994 service connections. He stated that this is the property at 4700 Main Street, the Murphy Warehouse Company. He stated that the total cost of this connec- tion is $28,306.32, and the assessment would be over a period of twenty years at an interest rate of 6-1/2 percent. No persons in the audience spoke regarding this proposed assessment. 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 11:02 p.m. 2.2 PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST 1993 - 1& 2• MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee � � FRIDLEY CITY COUNCIL MEET2NG OF OCTOBER 17, 1994 PAGE 15 declared the motion carried unanimously and the public hearing opened at 11:02 p.m. Mr. Pribyl, Finance Director, stated that these assessments are for improvements on Monroe Street, Hathaway Lane, 7th Street, Lynde Drive, Regis Lane, Cheri Lane, Fillmore Street, 53rd Avenue, Brookview Drive, Regis Drive, and City overlays. Ae stated that the total cost of this project is $1,371,602.24. He stated that most of the improvements will be paid from City funds, but $103,707.48 will be assessed ta residential property owners at the rate of $8.00 per front foot. He stated that the assessment may be spread over a ten-year period at an interest rate of 6-1/2 percent. MOTION by Councilwoman Jorgenson to receive the letter from Blaine and Lorri Kopischke, 6830 Monroe Street, dated October 5, 1994 objecting to the assessment. Seconded by Councilman Schneider. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. No persons in the audience spoke regarding this proposed assessment. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Schneider. Mr. Herrick, City Attorney, stated that some years ago, the legis- lature amended the 429 Statute to require that if a property owner intended to preserve the right to appeal an assessment, they had to file, in writing, an objection and it had to be filed either befoxe or at the assessment hearing. He stated that he assumes that this is what Blaine and Lorri Kopischke are accomplishing in their letter. UPON A VOICE VOTE TAXEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously and the public hearing closed at 11:06 p.m. 2.3 PUBLIC HEARING ON ASSESSMENT FOR 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260: 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 11:06 p.m. Mr. Pribyl, Finance Director, stated that this assessment is for the storm water improvements in the 64th Avenue, Mississippi � Street, Arthur Street and Central Avenue area. He stated that the total cost of this project is $173,105.08. He stated that $132,105.08 will be paid from the Storm Water Fund, and the balance FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 16 , of $41,000.00 will be assessed to the residential property owners at $1,000 per property. He stated that the assessment may be spread over fifteen years at an interest rate of 6-1/2 percent. MOTION by Councilman Schneider to receive letters from Mrs. Stanley Dahlberg, 1384 64th Avenue and Mark and Jean Schwartz, 1372 - 64th Avenue objecting to the assessment. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Mark Schwartz, 1372 64th Avenue, stated that they have more water in their yard now than they had before this impravement. He stated that he felt the holding pond was not deep enough. Mr. Schwartz showed a video tape of his yard, in April, after a rainstorm. He stated that he has not received any benefit from this project, and it has proven detrimental to his property. Mr. Schwartz stated that he made a good faith effort to get this situation corrected. He stated that Jon Thompson from the City staff stated that they definitely had a problem. Mre Schwartz stated that he talked with Mr. Flora, Public Works Director, and � he thought the holding pond was not deep enough but nothing was done about it. He stated that they not only have more water, but it stays in their yard for a longer period of time. He stated that the water from the north side of 64th Avenue has simply been trans- £erred to their back yard. Councilman Schneider asked if there was ever standing water in the back yard. Ms. Jean Schwartz stated that there was some standing water, but it never covered this much area and was gone within a day. She stated that the water was over her ankles when she took the video. She stated that they talked to several people from the City to try to get this fixed. Mr. Flora, Public Works Director, stated that this is a separate problem. He stated that the ditch is dry, and the pond is working as it should to deal with the excess water from Mississippi Street. He stated that when there was a larqe amount of rainfall in April, there was a lot of flooding throughout the City. Ms. Schwartz stated that they have never had this much water before this improvement project was done. Mr. Rich Olson, 1660 Mississippi Street, stated that there was � natural drainage in this area, and there was no reason that the Schwartz's property should be flooded. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 17 � Mr. Flora stated that there was nothing done on the north side of the ditch, and all the work for the deten�ion pond was on the south side. He stated that in the Schwartz°s case, there is no outfall from their property to run into the ditch. Ms. Schwartz stated that the pond is higher than the ditch, and that is why it does not work. She stated that the improvement has obviously been detrimental to their property. Mayor Nee stated that this issue has to be dealt with, but it will take further review and a report from staff. It could not be resolved this evening. No other persons spoke regarding this proposed assessment. 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 11:25 p.m. OLD BUSINESS: 3. ORDINANCE NO. 1037 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (BY � FORREST HARSTAD, 971 HILLWIND ROAD N.E.1(WARD 2): MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 1037 on the second reading and order publication. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated that there is a problem with soil erosion, and it is going down to Moore Lake. She stated that the soil erosion fence is still not in place. Mr. Burns, City Manager, stated that the City did not require the soil erosion fence on Hillwind Drive. He stated that if dirt accumulates on the street, the developer would have to clean it. Councilman Schneider felt that it may be helpful if staff would provide a daily report by E-mail on what streets were inspected and if the developer was requested to clean them. NEW BUSINESS• 4. APPROVE INTOXICATING LIOUOR LICENSE FOR THE SHARK CLUB/SHARK SPORTS BAR1fWARD 31: Councilman Billings stated that when the public hearing was con- � tinued two weeks ago, the comment was made that unless there was an objection from Council a vote would be taken on this item at this meeting. He stated that during the recess this evening the FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 18 � petitioner, Mr. DeFoe, approached him regardinq some promotions that are pending based on approval of the license. Councilman Billings sugqested that a special meeting of the Council be held to consider this liquor license. MOTZON by Councilman Billings to table this item until one week from tonight and that Council hold a special meeting for the sole purpose of approving or denying this liquor license. Seconded by Councilwoman Bolkcom. Councilwoman Jorgenson stated that Councilman Schneider has asked that staff submit a breakdown of the police calls at Mr. DeFoe's establishment in Centerville. She pointed out that Council is already maeting with the HRA, and the meeting begins at 6:0o p.m. Mr. DeFoe stated that he can give Council everything in writing to avoid further discussion. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Councilman Sillings and Councilwoman Bolkcom voted in favor of the motion. Mayor Nee, Councilman Schneider and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion failed. Councilman Schneider felt that it would not be fair to the public � to take action on this request at a meeting that is not televised. MoTION by Councilman Schneider to table this item to the November 7, 1994 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. DeFoe stated that it was his understanding that Council would vote on the liquor license at this meeting. He stated that to wait three weeks will delay his schedule. Councilwoman Bolkoom stated that the decision to table this item is to work out some o£ the stipulations and £urther background checks. Councilman Schneider pointed out that if, on November 7, there is new information that comes before Council, it is conceivable that Council could choose to table it again. 5. RESOLUTION NO. 87-1994 APPROVING AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS. WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRTDLEY FIRE DEPARTMENT FOR THE YEAR 1994• Mr. Hunt, Assistant to the City Manager, stated that this is the ' Firefighters' Labor Aqreement for 1994. He stated that the oondi- tions are similar to the other agreements for City employees and involve a three percent increase; provides an increase in base � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 19 group term life insurance from $10,000 to $25,000 per employee; provides that the employer's contribution toward health, life, and long-term disability insurance will be a maximum of $315 per month per employee; and changes some minor terminology. MOTION by Councilman Schneider to adopt Resolution No. 87-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee thanked Mr. Hunt for his work in negotiating this aqreement. 6. FIR5T READING OF AN ORDINANCE AMENDING CHAPTER 513 OF THE FRIDLEY CITY CODE. ENTITLED "REGULATION OF SKATEBOARDS, ROLLERSKIS, ROLLERSKATES AND ROLLERBLADES" TO AMEND THE WORD "ROLLERBLADE:" MOTION by Councilwoman Jorgenson to waive the reading and approve the ordinance on first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. $8-1994 APPROVING PLAT. P.S. #94-05, TOTINO- GRACE ADDITION (BY KEITH EIBENSTEINER FOR BILTMORE CONSTRUC- TION) (WARD 2): Ms. Dacy, Community Development Director, stated that this resolu- tion approves the final plat for Totino-Grace Addition. She stated that the developer has made a minor change to the plat and in Stip- ulation No. l, Lots 1& 2, Slock 2 have been changed to Lots 8& 9, Block 1. Councilman Schneider asked if there was any new information rela- tive to the Trust for Public Land. Ms. Dacy stated that staff has received no new information from the update provided on September 22, 1994. Mr. John Haluska, 5660 Arthur Street, stated that as far as the Trust for Public Land, a letter was received from them. They had a minimum threshold of $300,000, and the project did not meet that threshold requirement. He stated that they wanted a more positive response from the City as to the City's interest, and this has not been rnet. Councilman Schneider stated that he can appreciate all the staff work in drafting the stipulations, but they have to be enforced. He felt that the developer and contractor are very honorable, but he does have a concern if there are violations and if the stipula- tions are not enforced. MOTION by Councilman Schneider to adopt Resolution No. &8-1994, with the stipulations attached as Exhibit A, as follows: (1) a FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 20 ' restrictive covenant shall be recorded against Lots 8 and 9, Block 1, preventing the removal of vegetation, except for dead and diseased trees. Sta£f has identified the area within which the restrictive covenant shall apply, and the legal description is as follows: Lot 8, Block 1: Beginning at the southeast corner of said Lot 8 northwesterly along a line to a point 75 feet west of the east lot line of said Lot 8, easterly to the nortrieast corner of said Lot 8 and thence southerly to the point of beginning. Lot 9, Block 1: Beginning at the northeast corner of said Lot 9 south to the southeast corner, thence westerly to a point 75 feet west of the east lot line of said Lot 9, thenae northeasterly to the point of beginning; (2) outlot A shall be named as a lot in the plat; (3) the dwelling on Lot 1, Block 1, shall face Royal Oak Court; (4) the significant trees along the side lot line of Lot 1, Block 1, within the 17.5 foot setback shall be preserved. Significant trees are defined as those trees six inches or greater in caliper; (5j verifying surveys shall be submitted prior to the capping of the foundation; (6) the petitioner shall pay a park dedication fee of $1,500 per lot (9 x$1,500 =$13,50o) at the time of building permit issuance; (7) the water quality pond shall be sized to meet the requirements of the Rice Creek Watershed District; (8) the Archdiocese shall execute and record a stormwater pond maintenance agreement providing for ongoing maintenance of the pond; (9) the drainage easement shall be dedioated over the water quality pond; � (10) the design details of the six inch watermain loop as proposed by the petitioner shall be approved by the Public Works Director. This option is acceptable only if the trees indicated in the Royal Oaks memo dated July 21, 1994 are not removed as a result of any other construction; (11) the petitioner shall install water and sewer services to the lots on Matterhorn Drive and shall pay the appropriate conneotion fees; (12) SAC fees shall be paid at the time of building permit issuance; (13) the petitioner shall comply with the comments listed in Scott Erickson's memorandum dated June 16, 1994, exoept for items #2, #4, and #22 which no longer apply to the request; (14) individual grading, erosion control, and tree preservation plans shall be submitted for each lot prior to the issuance of a building permit; (15) the improper fill of the wetland shall be removed and the wetland restored; (16) restrictive covenants shall be recorded against Lots 5, 6, and 7, Block 1, pre- venting any fillinq of wetlands, including brush, grass clippings, trash, etc. Accessory structures and footings for decks, addi- tions, gazebos, etc., shall not be located in the wetlands as delineated on the plat. The lanquage shall be reviewed by the City Attorney; (17) no grading shall occur below the elevation of 948 on Lots 5 and 6, Block 1, and the lowest basement floor opening shall be at the 950 or above elevation. No grading shall ocour below the elevation of 953 on Lot 7, Block 1, and the lowest base- ment floor opening shall be at the 955 elevation or above; (18) the dwellings on Lots 5 and 6, Block 1, shall be located as close to � the lot line opposite the wetland as the code permits or as approved by City ataff; (19) two street trees per lot shall be planted by the petitioner; (20) the individual grading, erosion FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 21 � control, and tree preservation plan for each lot shall clearly show: (a) the grading limits for the construction of the new home; (b) the loaation of warning signage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees outside �he construction limits; and (c) the location of any significant trees to be saved inside the construction limits. Any significant tree to be saved shall have fencing around it extended to the dripline. Work sriall not commence until the City staff has field inspected items #b and #c of the stipulation; (21j the lots shall not be clear cut of significant trees; (22) restrictive covenants shall be recorded against the lots defining a 15 foot no-cut easement which shall be established along the south property line of Lots 1- 5, Block 1, Totino-Grace Addition. The easement shall prohibit the cutting of trees or clearing of under5tory except for the removal of dead or diseased trees, subject to Public Works opinion that there is no impact to drainage by leaving the trees; and (23) the City shall enter into a developers agreement for the enforcement of the stipulations. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND ROYAL OAKS REALTY. INC. (WARD 2 L � Councilman Schneider stated that in this agreement, there are no amounts filled in on Pages 13 and 14. Ms. Dacy, Community Development Director, stated that the amount for Item 17, on Page 13, is $100,000 and the amounts on Page 14 will be broken down by categories, as shown in the agreement. The total would equal $lOD,00D. MOTION by Councilman Schneider to table this item Por twenty minutes so staff can figure the dollar amounts to be included in the agreement. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE THE MINUTES aF THE PLANNING COMMISSION MEETING OF OCTOBER 5. 1994: A. SPECIAL USE PERMIT REOUEST. SP #94-14. BY WAL-MART STORES. INC., TO ALLOW EXPANSION OF A GARDEN CENTER, GENERALLY LOCATED AT 8450 UNIVERSITY AVENUE N.E. fWARD 31: Mr. Hickok, Planning Coordinator, stated that this is a request by Wal-Mart Stores to expand their garden center. He stated that in 1992, a garden center was constructed on the east side of the Wal- � Mart store. In 1994, Wal-Mart decided that they needed additional space and requested a special use permit for a garden center in their parking lot. He stated that Council approved this request FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 22 � for a special use permit with the stipulation that by the end of this year there would be a modification to their garden center to allow all the garden center to occur in the structure and not into the parking lot. Mr. Hickok stated that Wal-Mart has requested this special use permit to expand the existing garden center. He stated that the Planning Commission recommended approval with four stipulations and staff concurred. MOTION by Councilwoman Bolkoom to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #94-14, with the following stipulations: (1) no garden sales shall occur in the parking lot as conducted in 1994; (2) the petitioner shall not be permitted to display products on the front sidewalk; (3) the petitioner shall create a storage area to the rear of the building £or trailer, pallet, and baled cardboard storage. The design of the storage area shall meet with City approval; and (4) the landscaping and irrigation displaced by the above activities shall be relocated. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � B. SPECIAL USE PERMIT REOUEST, SP #94-15, BY LYNN PORATH OF TURNING POINT ADULT DAY CARE, INC.. TO ALLOW ADULT DAY CARE, GENERALLY LOCATED AT 6180 HIGAWAY 65 (WARD 21: Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit for an adult day care at St. Philip's Lutheran Church. He stated that there is a child care facility for forty children within the complex. The proposal is to continue with the child care and incorporate adult care facilities for forty persons. He stated that this is a relatively new concept, and the teachers would be nurses. He stated that the age range could be from eighteen-years-old to senior clients, and they are also equipped to handle these clients medically. He stated that both the child care and the adult care facilities are licensed by the state. Mr. Hickok stated that the Planning Commission recommended approval of this special use permit with two stipulations and staff concurred. MoTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #94-15 with the following stipulations: (1) any additional signage shall comply with the stipulations of the 1993 variance approval and the sign code; and (2) at which time the applicant makes license app- lication to the state to serve no more than forty clients, the � special use permit shall be subject ta review by the City. Seconded by Councilwoman Bollccom. Upon a voice vote, Councilman Schneider, Councilwoman Bolkcom, Councilman Billings, and Mayor Nee � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 23 voted in favor of the motion. Councilwoman Jorgenson abstained from voting on the motion. Mayor Nee declared the motion carried. C. CONSIDER OCCUPANCY IN THE S-2 REDEVELOPMENT DISTRICT OF 6525 UNIVERSITY AVENUE N.E., BY JIM YUNGNER, FOR THE GYM Iw�n i� : Ms. Dacy, Community Development Director, stated that this property is located in the northeast corner of University Avenue and Missis- sippi Street and is zoned 5-2. She stated that because of this zoning, the request to consider occupancy is before Council. She stated that this building has been leased to several tenants over the years. The petitioner would like to relocate his facility from 261 Commerce Circle to this location and is signing a three-year lease. Ms. Dacy stated that the S-2 zoning district provides that Council, HRA, and the Flanning Commission review 'che use. She stated that the purpose of this review is to alert Council, HRA, and the Plan- ning Commission that the petitioner would like to be part of the redevelopment plan. She stated that the Planning Commission reviewed this request and reoommended approval for the temporary re-occupancy of the building subject to six stipulations. She stated that the Planning Commission believed this would be a good use for the Building and a good neighbor for the surrounding area, She stated that the petitioner would improve the building and paint the exterior and undertake some modest improvements to the building. She felt that Council, HRA, and the Planning Commission would like to evaluate this use when redevelopment occurs on the property and Stipulation No. 6 addresses this issue. Councilwoman Jorgenson stated that there are a lot of weeds. She questioned what was planned for the asphalt area to the north. Ms. Dacy felt that the stipulations address the parking lot, weeds, as well as the area to the north. MOTION by Councilman Billings to concur with the unanimous recom- mendation of the Planning Commission and approve temporary occu- pancy of 6525 University Avenue N.E. subject to the following stipulations: (1) the petitioner shall apply for the appropriate building, plumbing, and mechanical permits to complete remodeling as proposed; (2) the petitioner shall stripe the parking lot; par- king stalls are l0 feet wide and 20 feet long, or 18 feet long if the stall abuts a ourb stop or landscaped area; (3) the dumpster shall be screened on all sides; (4) the parking lot shall be kept free of weeds and grass; (5) landscaped area to the north shall be kept trimmed in an attractive manner to provide screening from the residence to the north; and (6) inclusion of the proposed use in the Fridley Town Squaze redevelopment project shall be reviewed by the City Council, Planning Commission, and Housing and Redevel- opment Authority prior to execution/approval of the development FRIDLEY CITY COUNCIL MEETING OF OCTOHER 17, 1994 PAGE 24 contract for the project. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee derlared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of October 5, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND ROYAL OAKS REALTY, INC. (WARD 21: Ms. Dacy, Community Development Director, stated that the letter of credit should be for $100,000, which wa:> based on an engineering estimate and reviewed by the City Attorne�y's office. She stated that this amount should be included under _[tem 17 on Page 13 of the agreement. She stated that the individuail categories, as listed on Page 14 0£ the agreement, could be £i1Led in by staff. Councilman Schneider stated that this is a very crucial document that outlines the City's control. If it needs further review by staff, perhaps it should be tabled. Mr. Mike Black, Royal Oaks Realty, stated that this discrepancy was � pointed out to staff at the end of last wEaek. He stated that the engineer's estimate was submitted to staff some time ago and was reviewed by the City Attorney and Enqineerinq Department to deter- - mine that the engineer's estimate does meet the true estimate of the work to be done. Mr. Black stated thai� the estimate was about $78,000, and that was for all the public improvements in the project. He stated that there is a full breakdown in the estimate submitted to staf£. Ae stated that the 12'S percent was what would be required for a bond to be in place. That amounts to $98,000, and staff made it for $100,000. He stated that those changes, he understands, will �e made by the City At�orney. He stated that it is clear what is to be accomplished, and he hoped that Council could take action to approve the development agreement. Mr. Herrick, City Attorney, stated that he has reviewed the agree- ment and has no problem with it. He stated that it was his under- standing that the reason they did not f��ll in the figures was because they did not have them. He felt that with �Che explanation that the total amount would be $100,000, _Lt could be broken down between the sub-categories as long as the total equals $100,000, Ms. Dacy stated that one of the staff inemla�ers has been working on this; however, the dollar figures were not filled in. She stated that she is comfortable with the agreement and probably a solution would be to refer to the engineer's estimate dated october 7, 1994 � that gives all the details for the improvements. Councilman Schneider stated that the figures sound extraordinarily low. ' � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 25 Ms. Dacy stated that it is a very short cul-de-sac being less than 350 feet. Councilman Billings stated that as he reads the agreement, it states that the breakdown is for historical reference and is not a restriction on the use of the security. He stated that from a practical standpoint, the allocation of $1C10,0o0 is actually almost irrelevant. MOTION by Councilman Schneider to approve the development agreement between the City and Royal Oaks Realty, Inc. and authorize the Mayor and City Clerk to enter into the agx-eement, with the under- standing that the amount of $100,000 wi.11 be filled in under Item 17 on Page 13 and the appropriate figures broken down by aategories, and inserted on Page 14 of the agreement. Seconded by Councilwoman Jorgenson. Upon a voice vote�, all voting aye, Mayor Nee declared the motion carried unanimously. 10. ESTABLISH PUBLIC HEARING FOR NOVEMBEF' 7, 1994 FOR EAST RIVER ROAD IMPROVEMENT PROJECT (WARD 3): MOTION by Councilwoman Bolkcom to set the public hearing for the East River Road Improvement Project for Notrember 7, 1994. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVE BIDS AND AWARD CONTRACT FOR THE PURCHASE OF A MT TRACKLESS SIDEWALK SNOWPLOW WITH ATTACHMENTS: Mr. Flora, Public Works Director, stated that three bids were received for the MT trackless sidewalk snowplow and attachments. He stated that MacQueen Equipment, Inc, was the low bidder at $49,522, and it is recommended that the bid be award to them with the understanding that the equipment will �e delivered in 1995. MOTION by Councilwoman Jorgenson to receive the following bids for the MT Trackless Sidewalk Snowplow with At�achments: Bidder MacQueen Equipment 595 Aldine Street St. Paul, MN 55104 Shults Equipment 1532 South State Road Ithaca, MI 48847 Trans ohio Equipment P. O. Box 210 Clear Lake, OH 50428 Total Bid $49,522.00 $54,135.00 $60,477.47 � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 26 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to award the contract for the MT Trackless Sidewalk Snowplow and Accessories to the low bidder, MacQueen Equipment in the amount of $49,522.00. Seconded by Councilwoman Solkcom. Upon a voiae vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RECEIVE BIDS AND AWARD CONTRACT FOR CLOVER POND AND 52ND AVENUE FLOODWAY DIVERSION PROJECT NO. 222 (WARD 1): Mr. Flora, Public Works Director, stated that four bids were received for the Clover Pond/52nd Avenue Floodway Diversion Project No. 222. He stated that the low bidder was F.F. Jedlicki, Inc. He stated that the Columbia Heights City Council received the bids at their october lo meeting and approved awarding the contract to the low bidder for a base bid of $113,871.50 plus Alternate No. 1 involving jacking of the Clover Pond overflow pipe through the backyards for $18,760.00 plus an additional $5,000.00 for contin- gencies to cover additional plantings or landscaping associated with the project, for a total amount of $137,631.50. Mr. Flora stated it is recommended that the contraat be awarded to the low bidder, F.F. Jedlicki, Inc., in the amount of $137,651.50 with the understanding that there is another $5,000.00 for contingencies, if necessary. MOTION by Councilwoman Jorgenson to receive the following bids for the Clover Pond/52nd Avenue Flooflway Diversion Project No. 222: Bidder F.F. Jedlicki, Inc. 142D3 West 62nd Street Eden Prairie, MN 55346 Penn Contracting, Inc. 1697 Peltier Lake Drive Centerville, MN 55038 W.B. Miller 16765 Nutria Street N.W. Ramsey, MN 55303 Northdale Construction, Inc. 14450 Northdale Blvd. Rogers, MN 55374 Total Bid $113,871.50 $119,334.00 $136,000.00 $158,518.00 Seconded by Councilman Billings. Upon a voice vote, all voting � aye, Mayor Nee declared the motion carried unanimously. � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 27 MOTION by Councilman Billings to award the contract to the low bidder, F.F. Jedlicki, Inc. for the Clover Pond/52nd Avenue Floodway Diversion Project No. 222 in the amount oi $137,631.50, which includes the base bid of $113,871.50; Alternate No. 1 for $18,760.00; and an additional $5,000.00o for contingencies. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. APPROVE CHANGE ORDER NO. 1 FOR THE REPAIR OF WELL NO. 5, PROJECT N0. 270 (WARD 1): Mr. Flora, Public Works Director, stated that this change order is necessary, as additional sand had to be removed from the well, and the estimate was for removal of 8 cubic yards when a total of 172 cubic yards was removed. MOTION by Councilman Schneider to authorize Change Order No. 1 with Keys Well Drilling for the Repair of Well No. 5, Project No. 270, in the amount of $8,330.00, for a total revised contract amount of $20,550.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 89-1994 INITIATING THE PROCESS FOR THE SALE OF THE CITY'S 5485.000 GENERAL OBLIGATION BOND5. SERIES 1994A: Mr. Pribyl, Finance Director, stated that this resolution authorizes staff and the financial advisor to proceed with the issuance of the General Obligation Bonds of 1994. He stated that this bond consists of four components; special assessment projects, storm water, water, and sewer projects. Mr. Thistle, Bond Counsel, requested the Council set the sale of the bonds. He stated that the sale would be on November 21, 1994, and he would be back at the Council meeting that evening to present a recommendation on the award. MQTIQN by Councilwoman Jorgenson to adopt Resolution No. 89-1994a Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION N0. 90-1994 CERTTFYING CERTAiN DELINOUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTIONS WITH THE 1995 TAXES: MOTION by Councilwoman Jorgenson to adopt Resolution No. 90-1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 28 � 16. RESOLUTION NO. 91-1994 CONFIRMSNG ASSESSMENT FOR 1994 SERVICE CONNECTIONS: MOTION by Councilman Schneider to adopt Resolution No. 91-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION N0. 92-1994 FOR 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260: Mr. Herrick, City Attorney, stated that unless Council feels there is sufficient information to reduce or eliminate the assessment on those properties which have submitted letters of objection, the Council can adopt this resolution, approve the assessment, and the property owners have thirty days to appeal. He stated that, based on the information presented at the hearing, he felt that there was some question about whether or not the property was improved as a result of this project. Ae stated that he does not have enough information to determine whether or not the property has been improved to the extent of the $1,000 assessment or received a detriment as a result of the project. MOTION by Councilwoman Jorgenson to adopt Resolution No. 92-1994, with the addition of the following: Item 3, insert the following � language: "£or the properties at 1372 64th Avenue N.E. and 1384 64th Avenue N.E. Under Item 4, insert the following language: "assessments to the properties at 1372 64th Avenue N.E. and 1384 64th Avenue N.E. are tabled to November 7, 1994. 11 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 93-1994 CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST 1993 - 1& 2: MOTION by Councilwoman Jorgenson to adopt Resolution No. 93-1994, with the addition of the following: Under Item 3, insert the following language: "for the property at 6830 Monroe Street N.E." Under Item 4, insert the following language: "None." Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that he would like to poll the Council to determine if they are interested in proceeding with a zoning amendment to allow electric fences. He stated that this would require four affirmative votes of the Council. Mayor Nee and Councilman Billings indicated they would support a zoning amendment to allow the electric fences and Councilman Schneider, Councilwoman � Sorgenson, and Councilwoman Bolkcom indicated they would not support such an amendment. � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 29 20. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 58158 through 58429. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. LICENSES: MOTION by Councilwoman Jorgenson to approve the licenses as sub- mitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. ESTIMATES: MoTiON by Councilwoman Jorgenson to approve �he estimates as submitted: Sarna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Legal Services Rendered as City Attorney for the Month of September, 1994. . . . . . . . . . . Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Legal Services Rendered as City Prosecuting Attorney for the Month of August, 1994. . . . . . . . . . . Lunda Construction 620 Gebhardt Road Black River Falls, Co. WI 54615 Locke Lake Dam Restoration Project No. 211 Estimate No. 4 . . . . . . Schmidt Curb Company 21504 AhlstTOm AVenue Rogers, MN 55374 � 1994 Miscellaneous Concrete Curb, Gutter & Sidewalk Project No. 262 Estimate No. 4 . . . . . . . . . . $ 8,112.60 $14,463.75 $46,664.24 $ 8,092.29 � � � FRIDLEY CITY COUNCIL MEETING OF OCT08ER 17. 1994 PAGE 30 Karlen Corporation 901 125th Avenue N.E. Minneapolis, MN 55434 Commons Park Shelter Project No. 267 Estimate No. 3 . . . . . . . . . . . . . . . $ 6,473.10 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that he was curious as to what happened at the special Council meeting and why an item was so urgent that a special meeting had to be called to discuss it. He stated that he wanted to know why he was not made aware, until the morning of the meeting, exactly what was to talce place at that meeting. He stated that he was led to believe that it was a discussion with Kevin Thomas, and more than half the meeting centered around the curfew center. Councilman Billings stated that due to the time and short notice, he and the residents of Ward 1 were denied an opportunity to parti- cipate, and he strongly objects. He stated that he does not believe it had to be called on that short notice and, from the video tape, which at best was a lousy sound presentation, it would appear that direation was definitely implied, if not given to staff, to establish funding in the budget for a curfew center. He stated that he strongly, strongly objects to riis being eliminated from the process. He stated that he would like to know who called the meeting, if it was three members of the Council or if it was the Mayor. Councilman Schneider stated that he read in the City Manager's report that the discussion meeting with Kevin Thomas was being postponed and that two Councilmambers wished to talk with him. He stated that he called the City Manager and stated that he would change his schedule, as he would like to attend the meeting. He stated that since there would be three Councilmembers, he asked if they could call a meeting. He stated that the intent was not to exclude anyone but to make it permissible for him to attend. Councilman Billings stated �hat it really was not a special meeting of the City Council. Councilman Schneider stated that he did not perceive it as a special meeting but instead a discussion session. He stated that he does not question when a member of �he Council stops at the Municipal Center during the day. Councilwoman Jorgenson stated that she had no idea there would be four Councilmembers attending. She stated that the City Manager asked her if she could attend with Councilwoman Bolkcom. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 31 � Councilman Billings asked how four Councilmembers set aside money for a curfew center. Councilwoman Jorgenson stated that there was discussion regarding the grant application and, if it was not approved, if there would be interest in proceeding and if there would be something that the Council could possibly support. She stated that she did not feel any direction was given that funding would be supplied. Councilman Schneider stated that there was a strong indication that four Councilmembers would support that funding. He stated that it was suggested it would need to be discussed when the budget is considered. Councilwoman Bolkcom stated that Council kept delaying the meeting with Kevin Thomas, and she asked if there was any way it could be scheduled sooner. Councilman Schneider stated that the discussion with Kevin Thomas started at a picnic at the Rice Creek Townhomes. He stated that this probably was not the most appropriate place for the discus- sion. However, it sparked his interest on things that the City could be doing, and he was interested in having further discussion with Mr. Thomas. � Councilwoman Bolkcom stated that members of the Council were talking at the picnic what could be done to get things started. Mayor Nee stated that Councilman Billings is justified in being upset. He stated that when he heard about the meeting and heard that there were only three Councilmembers attending, he thought he would like to attend. Councilman Billings stated that the telephone message he received did not indicate that there was going to be any discussion of the curfew center. He stated that the first he was aware that there would be that many Councilmembers at the meeting was at 7:45 a.m. on the day of the meeting. He stated that he could not adjust his schedule because he had already changed it for the Sharx discussion. He stated that he will be asking the Charter Commis- sion to review the City Charter to determine how to prevent these kinds of things from happening. He stated that he will be asking the County Attorney or Attorney General for an interpretation of the three-day notice. He felt that the three day notice of the meeting, posted at 5:00 p.m. on Friday night, and with the Municipal Center being closed on the weekend, does not really constitute a three-day notice when the public did not have access to this notice. � Councilwoman Bolkcom stated that the notices are posted in the window at the Municipal Center.