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05/06/1996 - 00002035� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 6, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:33 p.m. PLEDGE OF ALLEGIANCE. Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL. MEMBERS PRESENT MEMBERS ABSENT Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilwoman Bolkcom None LEGISLATI'JE UPDATE- SENATOR DON BETZOLD: Mayor Nee stated that Council was privileged to have Senator Betzold here this evening to report on the acticities of the legislature. Senator Betzold stated that he was cery sorry he could not attend � the last Council meeting. His district covers many cities, and he was det3ined at another meeting. He sL-ated that this was a short legislative session which began in mid-January. There were 1,800 bills held over from the last session and 1,000 new bills introduced this session. He stated thaL at the time the session began, there was concern about budget cuts by the federal government, however, this did not materialize. Senator Betzold stated that one of the ma�or bills is the crime bill which requires community notification of sex offenders He served on the task force for this bill which requires law enforcement agencies to be notif�ed, if a sex offender moves into a community. He stated that the extent of notice to rhe community depends on the severity of the offender's crimes. A similar bil] has been in eLfect for several years in Lhe state of Washington Senator Betzold said the study of a new airport was ended. If there is expansion it will be at the present site He felt this was good news for the north metro area. Senator Betzold stated that a bili was passed on pawn shop regulations and should be compared with the City's ordinances. One of the issues dealt with tltle pa�aning �ahere people pawn the title of their car. He contacted the Fridley Police DepartmenL when the � � FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 2 bill was being considered and obtained ideas on how to amend this bill. Senator Betzold stated that the�e is more flexibility for cities on the issuance of temporary liquor licenses. He said, currently, a city can only issue a license for no more than three days and this now has been changed to twelve days. Senator Betzold stated that another bill prohibits a city from paying a consultant a percentage of the estimated costs of improvements. Consultants can be paid on a flat fee or hourly rate but not a percentage of the costs of the improvements. Senator Betzold stated that Mr. Flora, Public Works Director, contacted him to request assistance in funding the Locke Lake pro�ect. This request was too late to be considered for this session but possibly something could be done next year. Senator Betzold stated that there is a bill that he introduced which was watered down that would have given cities a stronger hand in closing down businesses that do not comply with city ordinances. However, if a city has a non-conforming business there is another statutory authority to get to court quicker. � Senator Betzold stated that there was no agreement on a gas tax. The funding formula does not benefit Anoka County, and he did not feel a gas tax increase would help at all. Senator Betzold stated that nothing happened on property tax reform, and this probably will be a big issue going into next year. He stated that the Senate proposed a property tax freeze to force discussion, but nothing materialized. He felt there needed to be some reform to help everyone. Senator Betzold stated that he appreciated the opportunity to appear before Council and hearing from City staff during this past legislative session. He would like to hear from Council on their ideas regarding property tax reform. Mayor Nee said he was happy the issue of a property tax freeze was disposed of. Mayor Nee thanked Senator Betzold for the update and said he appreciated what he is doing for the City. APPROVAL OF MINUTES. CONTINUED BOARD OF REVIEW MEETING OF APRIL 22, 1996• � MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voLing aye, Mayor Nee declared the motion carried unanimously. ---------------------- � � � FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 3 COUNCIL MEETING OF APRIL 22, 1996. MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS• 1 APPROVE FLOOD HAZARD MITIGATION GRANT AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES• AND APPROVE CONTRACT WITH SHORT, ELLIOTT, HENDRICKSON, INC. (SEH) TO COMPLETE THE MISSISSIPPI RIVER FLOOD ELEVATION STUDY (TABLED APRIL 22, 1996): Mr Burns, City Manager, stated that the terms of this grant agreement are that the City pays fifty percent of the cost of conducting a study to determine the 100 year flood elevation of the Mississippi River; The City agrees to ab�de by state statutes relating to non-discrimination, prevailing wages, and accounting and auditing; and to hold the state harmless from any claims or actions arising from the performance of the agreement by the City. He stated it is understood that if the 100 year flood elevation is higher or lower than the current elevation specified by FEMA, the Crty shall apply for a revision to its flood insurance study and rate maps. Mr. Burns said the terms of the agreement with SEH are that they will obtain hydrologic/hydraulic information from the Minnesota Department of Natural Resources, the Corps of Engineers and USGS, as well as FIS information and documentation. SEH will obtain mapping of the pro�ect area irom the City and contact Hennepin County regarding operation of the Coon Rapids dam. SEH will review the information and submit a report for an estimated cost of $12,000. Mr Burns stated that staff recommends approval of both of these agreements. APPROVED THE FLOOD HAZARD MITIGATION GRANT AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES; AND THE CONTRACT WITH SHORT, ELLIOTT, HENDRICKSON, INC. TO COMPLETE THE MISSISSIPPI RIVER FLOOD ELEVATION STUDY. NEW BUSINESS: 2. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 114 OF THE FRIDLEY CITY CODE, REGARDIPQG `PHE ABA`PEMEiQ`P OF JUNI: OR UNSAFE VEHICLES ON PRIVATE PROPERTY' Mr. Burns, City Manager, stated that this ordinance amendment procides a more detailed definition of what constitutes a �unk �� � � FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 4 vehicle. The ordinance provides reference to state statutes in defining unsafe motor vehicles, and a detailed five-day notification and abatement process to replace the current twenty-day process. He stated that the ordinance also provides for an aggrieved owner hearing process and identifies a one year "sunset date" to allow for re-examination of the ordinance one-year from its adoption. He stated that the strengthened �unk car ordinance was supported by 62 percent of those responding to the City's recently completed survey by Fridley residents. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 3. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 128 OF THE FRIDLEY CITY CODE, REGARDING THE RELEASE OF ABATED PROPERTY �n IIY:17 OF SAME OR SIMILAR VIOLATIONS ON Mr. Burns, City Manager, stated that this ordinance amendment requires an agreement with the property owner prior to the return of abated materials to the site of the initial abatement. The ordinance requires the property owner to pay any of the City's costs for removal or storage of abated materials and requires the property owner to agree not to return abated items to their original location. The ordinance also provides for an abbreviated notice for removal of illegally stored items that have previously been abated. WAIVED THE READING AND APPROVE THE ORDINANCE ON FIRST READING. RESOLUTION N0. 32-1996 CALLING FOR THE ADVERTISEMENT FOR BIDS FOR THE WELL N0. 12 WATER TREATMENT PLA1�T PROJECT N0. 293: Mr. Burns, City Manager, stated that the 1996 Capital Improvements Plan provides $1,066,000 for the construction of a filter that will remove iron and manganese from water pumped from Well No. 12. The construction of the Filter will provide an additional 1 7 million gallons per day of filtered water and will nearly eliminate the pumping of unfiltered water during summer months. Plans and specifications have been prepared by Maier Stewart and Associates, with bids to be opened June 19, 1996. The pro�ect construction will occur during 1996 and will be completed by June, 1997. Staff recommends adoption of this resolution calling for the advertisement for bids for this pro�ect. ADOPTED RESOLUTION NQ. 32-1996. ' FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 5 5. RESOLUTION N0. 33-1996 ORDERING FINAL PLAN5 AND ESTIMATES OF COSTS THEREOF: 1996 STREET IMPROVEMENT PROJECT N0. ST 1996 - 1 & 2. Mr. Burns, City Manager, stated that this resolution provides for the reconstruction of 77th Way between East River Road and the Burlington Northern railroad tracks. The street will be widened from 36 feet to 44 feet, and there are no assessments for this pro�ect. The street construction work will be done in con�unction with the construction of a new twelve-inch sanitary sewer line that will connect a sanitary sewer main on East River Road with a ma�or sewer interceptor on the east side of the Burlington Northern Railroad tracks on 77th Way. ADOPTED RESOLUTION NO 33-1996. 6. RESOLUTION N0. 34-1996 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMEI�IT PROJECT N0. ST 1996-10 (SEALCOAT): Mr. Burns, City Manager, stated that this resolution authorizes specifications and bids for the 1996 sealcoating pro�ect. Streets not sealcoated in the 1995 plan have been added to those programmed for 1996. A vast ma�oritv of this � sealcoating will occur between Univers�ty Avenue and Highway 65 in the areas north of I-694 and south of Rice Creek. The 1996 program will also focus on streets between Old Central Avenue and Stinson Boulevard in the area north of "73rd Avenue and south of Osborne Road. The estimated cost for this 1996 pro�ect is $235,949, and staff recomm2nds adoption of this resolution. ADOPTED RESOLUTION NO, 34-1996. 7. RESOLUTION N0. 35-1996 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTZSEMENT FOR BIDS: STREET IMPROV�MENT PROJECT N0. ST 1996-11 (SLURRY SEAL): Mr. Burns, City Manager, stated that this resolution authorizes specifications and bids Lor the 1996 slurry seal pro�ect. The City will slurry seal the streets that have been improved within the last fzve years. The program will focus on Rice Creek Terrace, Brookview Drive, Monroe Street and portions of Seventh Street and 67th Avenue. The estimated cost for this pro�ect is $54,000. Although this pro�ect has not specifically been provided for in the 1996 Capital_ Improvements Plan, staff believes there will be ample funding from abandoned portions of the 1996 street reconstruction � program to cover these costs. ADOPTED RESOLUTION NO. 35-1996. ' FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 6 8. RESOLUTION N0. 36-1996 INDEMNIFYING AND HOLDING HP.RMLESS THE STATE OF MINNESOTA FOR ACTIONS ARISING FROM THE GRANTING OF A VARIANCE ON S A.P. 127-310-04 (CHERI LANE-FILLMORE STREET) STREET IMPROVEMENT PROJECT N0. 1993-2. ADOPTED RESOLUTION NO. 36-1996. 9. RESOLUTION N0. 37-1996 AUTHORIZING THE TRANSFER OF $1,000,000 FROM THE CLOSED BOND FUND TO THE CAPITAL IMPROVEMENT FUND IN ORDER TO FUND PARK IMPROVEMENTS: Mr. Burns, City Manager, stated that this resolution is the result of Council's decision to invest in a five-year program for upgrading equipment in City parks. The 1996 Capital Improvements Plan proposes expenditures of $186,0000 for upgrading equipment at Harris Pond, Jay, Logan, Springbrook, Summit Square and Terrace Parks ADOPTED RESOLUTION NO. 37-1996. 10 APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that he is recommending the appointment of Gerald Newberger to replace retiring police � officer, Thomas Sauer. Mr. Newberger is a graduate of Anoka High School, has an AA degree from North Hennepin Community College and a BS degree in Business Management from St. Cloud State University. He was previously a detention deputy with the Hennepin County Sheriff's Office. CONCURRED WITH THE APPOINTMENT BY THE CITY MANAGER OF GERALD NEWBERGER AS PATROL OFFICER AT A STARTING SALF�FtY OF $12.99 PER HOUR BEGINNING MAY 20, 1996. 11 CLAIMS AUTHORIZED PAYMENT OF CLAIM NOS. 67807 THROUGH 67994, 12. LICENSES: APPROVED THE LICENSES AS SUSMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 13. ESTIMATES� APPROVED THE ESTIMATES, AS SUSMITTED: � ------------------------ ------ � � � FAIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of February 1996 . . . . . . . . . . . . . . . Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of April, 1996 ... Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard N.W. Coon Rapids, MN 55435-5489 Legal Services Rendered Durinq February, March and April, 1996 Richmar Construction, Inc. 7776 Alden Way N.E. Fridley, MN 55432 53rd Avenue Booster Station Renovation Pro�ect No. 280 Estimate No. 1 . . . . . . PAGE 7 $15,858.15 $ 4,250 00 . $ 301.89 $71,439.95 No persons in the audience spoke regarding the proposed consent agenda items. MOTION by Councilman Schneider to approve the consent agenda items. Seconded by Councilwoman Bolkcom. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: PRESENTED PETITION RE: POT BELLI�D PIGS: Ms. Cindy Langendorfer, 15 63rd Way, presented a petition to Council to amend the ordinance to allow potbellied pigs to be kept as domestic pets in single family dwellings under the same laws and ERIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 8 ' regulations as dogs. It has been proven that there is little chance that anyone can get a disease from these potbellied pigs. They do not shed or bark so they are not a nuisance to the neighbors. Ms. Langendorfer stated that she has had potbellied pigs for over a year, and they range between 15 to 120 pounds with a height of 18 inches. Councilwoman Bolkcom stated that the reason Ms. Langendorfer is before the Council is that these animals are not covered under the City's ordinances and, according to Ms Langendorfer, these animals are very clean and intelligent. She said that Ms. Langendorfer is a foster care provider and has not had any trouble with her licensing because of these animals. MOTION by Councilwoman Jorgenson to receive Petition No. 6-1996. Seconded by Counczlman Schneider. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson asked if these animals require shots. Ms. Langendorfer stated that shots are required only for their own health. They are tested for rabies and if found to have this disease, they are destroyed. � LEGISLATIVE UPDATE BY REPRESENTATIVE ALICE JOHNSON: Representative Alice Johnson stated that she had intended to be at this meeting when Senator Betzold was present, but this was not possible as she was asked to crown the king and queen at the Fridley Convalescent Center prom. That was a rewarding experience, and she felt honored to have been selected. Representative Sohnson stated that there were a lot of issues in this legislative session that were uncomfortable to deal with in terms of ethics. The legislature balanced the budget and has a strong budget reserve with no new taxes Representative Johnson stated that Council informed her of their views regarding the issues of a properLy tax freeze. That would have been difficult for cities and school districts and is something she did not support. She believes before changes can be made to the old system, there has to be a new system to replace it. Representative Johnson stated that $15 million was appropriated for the infrastructure and construction of a science building at Anoka Ramsey Community College. Representative Johnson stated that the wetlands bill was also ' addressed to make it possible for more economic development in Anoka County while also protecting the wetlands. She felt there would be more discussion ln next year's sesslon regarding taX increment financing. � FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 9 Mayor Nee stated that Council appreciated her representation on the City's behalf and her years of service. Representative Johnson encouraged Council to keep her informed on the issues rhat are important to the City. RICHAFtD NETZ & LEROY ANDERSON RE ALDEN WAY PETITIONS: Mr. Richard Netz, 7776 Alden Way, submitted a petition for reconstruction of Alden Way. He felt the street needed to be widened, and he believed he had the necessary signatures to proceed wrth this improvement. Although there was a lot of ob�ection to widening the street and having no parking, the ma�ority are in favor of it. Mr. Leroy Anderson, 7581 Alden Way, also submitted a petition for reconstruction of Alden Way. MOTION by Councilwoman Bolkcom to receive the two petitions, No. 7-1996 and 8-1996, for the reconstruction of Alden Way. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Ms. Leslie Richter, 7847 Alden Way, stated that she and her husband purchased their home on Alden Way in 1990. She takes pride in the fact that they made a conscience decision to stay in Fridley where both of them lived and attended Fridley schools. Ms. Richter felt the City should take advantage of the resources and invest in the improvement of Alden Way People are willing to make investments to improve their homes, and she felt it was also necessary to have good streets. She encouraged Council to proceed with the improvement Dr. Joseph Lapinski, 7680 Alden Way, stated that he would agree the City needs good streets and curbs and gutters, but he has a problem with widening the street. He ob�ects to the state regulations that a street needs to be a certain width, which he felt was not appropriate for Alden Way and not conducive to good living. Mr Flora, Public Works Director, stated that Alden Way is 30 feet wide, but with the new curb and gutter, there would be an additional one foot of concrete on each side, making the street 32 feet wide from curb to curb. The state standards require that a street 32 feet wide have parking only on one side. Councilwoman Bolkcom stated that no shrubs or t�ees would be affected by the widening. She honestly did not believe the speed would increase. � Councilwoman Jorgenson stated that streets have been improved all over the City, and the argument that everyone will drive faster simply is not true. � � FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 10 Dr. Lapinski stated that when universal laws are applied it does not work. The ma�ority of the property owners are in favor of curb and gutter but he did not understand why there cannot be an exception regarding the width and parking. He questioned how these standards rould be changed or modified. Councilwoman Bolkcom advised him to contact his legislators. Mr. F1ora stated that he serves on the task force that reviews the state standards for streets. They have finished dealing with rural roads and will be discussing urban state standards in the future. Mr. Jerry Fuhr, 7836 Alden Way, stated that he is disappointed that there is not a better solution. With pressure from his neighbors and the fact that he would like an improved street, he supported the petition, although he has not signed it. He would like the street as a residential street and not have the parking limited. Ms. Richter stated that she agrees with Dr. Lapinski's comments. She felt once the improvements were completed, the property owners may want to use their own resources to make the street as aesthetically pleasing and as unique as possible. Councilwoman Bolkcom stated that she appreciated the work of those who circulated the petitions. Mr. Leroy t7nderson asked if a decision could be made this evening. Councilwoman Jorgenson advised him that this is not an agenda item. Councilwoman Bolkcom stated that if this was an agenda item, action could be taken by Council. These petitions were submitted under the open forum segment so it was not an official agenda item. Mr. Flora stated that fifty percent of the residents are in favor of the pro�ect. This improvement could be added to the 1996 street improvement pro�ect and placed on Council's agenda for action at the next meeting. NEW BUSINESS: 14. FIRST READING OF AN ORDINANCE UNDER SECTION 12 07 OF THE CITY CHAFtTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENUIX C HOMES, INC. 2 11VL4 AG�JULiJl� Jt1V 7}JV-V1� D1 11"lYGR1 LOCATED AT 1435 ROYAL OAK COURT N.E Mr. Hickok, Planning Coordinator, stated that this is the flrst � reading of an ordinance for a vacation at 1435 Royal Oak Court N.E. He stated that the vacation is for a portion of a drainage easement to allow construction of a home at this address. A public hearing was held on this vacation request on April 22 � FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 11 Mr. Hickok stated that the question before Council this evening is whether to a11ow an exchange of property. The area to be vacated equals 140 square feet, and a proposed alternative easement area is 280 square feet or two times that which is being vacated. This easement area will protect additional natural features on the site and is good compensation for the area to be vacated. Mr. Hickok stated that staff's original recommendation was for denial; however, the Planning Commission recommended approval of the vacation. At this time, staff is recommending approval, as they believe the exchange is an appropriate exchange of land. It also offers something of value where a smaller area would be vacated and a larger area preserved. Councilman Schneider stated that the ordinance does not contain the legal description of the new easement to be dedicated. Mr. Hickok stated that when the ordinance is before Council for a second reading it will contain the 1ega1 description of the new 280 square foot easement. Councilman Schneider stated he understood tha� this vacation was a wetland buffer zone. � Mr. Hickok stated that this was a drainage easement added as part of the plat to help provide a buffer around the wetland delineation. Councilman Schneider stated that he had reservations relative to the way this was presented. He felt this certainly made some sense in that the City is adding a drainage protection area and expanding the size o£ the protected area. Mayor Nee felt that this was a very creative solution to a tough problem. He congratulated Councilman Billings on presenting a solution. Councilwoman Jorgenson questioned the elevation of the new easement area and the direction of the drainage. Mr. Hickok stated that the drainage follows roughly the same contour. There is vegetation that will be protected in this area. He concluded that there may be some water in this 280 square feet easement during heavy rainfall. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Further, to direct staff to add the appropriate language into the ordinance to indicate the dedication � of the new easement in exchange for the vacation before it comes back to the Council for second reading. Seconded by Councilwoman Bolkcom. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 12 � Councilwoman Bolkcom stated that she understands this is a satisfactory compromise. � � �� � Mr. Hickok stated that Mr. Haluska had spoken in opposition at the public hearing; however, he was unable to attend the meeting this evening. Mr. Haluska advised Mr. Hickok that he could support the exchange. Mr. Reyes, 1479 N. Danube Road, stated that he tried to reach Mr. Haluska, but understands he is out of town on business. He was not aware that Mr. Haluska approved of this plan. Mr. Reyes stated both he and his family are opposed to the plan Mr. Reyes stated that the issues are still the same and it seemed Council had significant opposition at the public hearing. A great deal of attention has been brought to this matter, and he wondered how this decision can be made this evening without further input. Mr. Reyes stated that he attended six months of ineetings on this matter. Promises were made by Council that lines drawn on surveys would be honored by all parties. He is now hearing that wetland delineation can be changed for the convenience of the developer In regard to the area to be added to the back of the lot, he did not know the effect on the wetland. He is concerned what would happen to the wetland if building is allowed in this easement. Mr. Hickok clarified that this is not an encroachment on the wetland delineation but an encroachment on the drainage easement created for an additional buffer. The delineation of the wetland is not affected, but the easement area is_ Mayor Nee pointed out that the exchange is fairly common and is used throughout Minnesota. It is not unusual to have a two-to-one exchange which is reasonable for wetlands. Mr. Reyes stated that this is a new plan that has been brought forward, and there was no discussion at the last meeting about this exchange. He was troubled by the process if a vote would have been taken. Councilman Schneider stated that the public hearing was for the vacation of an easement, and that is what Council is considering. The reality is that a mistake was made, and Council is trying to figure out a way so that everyone wins. Councilwoman Jorgenson stated that Council would be voting on the first reading of the ordinance; however, there is a second reading before adoption. Mr. Horeck, the proposed homeowner, stated that the original mailing included ten property owners, and nine have indicated no ob�ection. Since this time, three new property owners support the vacation, and he submitted a list. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 13 � MOTION by Councilman Schneider to receive the letter of support. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Horeck stated that he has gone through the process and felt this was a solution that would work. The whole garage wall is open, and the problem is with the water. He requested Council to take action for approval. Councilman Schneider stated that there must be two readings of this ordznance before lt can be adopted, and the process cannot be shortened. Generally, the second reading is a procedural matter, but if the garage is closed before the second reading there is a risk involved. Councilman Billings stated that the normal procedure is to vacate drainage easements when there is a potential encroachment. Drainage easements have been vacated many times, and the City never received any trade. As a result of the input from the public hearing, the City is actually receiving land in exchange for the vacation. Ms. Alicia Reyes, 1479 N. Danube Road, stated that after the article in Focus News, it was very definitive that Council was � against this vacation and to vote for it would be a hypocrisy. She is strongly opposed to giving up land for the architect and the developer because this would excuse incompetence. Councilman Schneider said what is incolved is a small area, and there is the question of being reasonable_ He asked Ms. Reyes if she was really concerned about the few square feet involved or if she really does not want a home at this location. Ms. Reyes stated that if a person gets away with a small mistake, it could lead to others. She did not want mistakes to be excused. Councilman Billings stated that he never viewed this as a mistake but as a change. The developer submitted plans and the persons purchasing the property wanted to build a home that would not exactly fit onto the property as defined in the p1an. A request was then submitted for a change. He did not think the homeowners made a mistake or that the developer or architect is inept. Councilman Billings stated that the article in the newspaper probably overstated Council's intensity on this issue, and some people placed a greater emphasis on this matter. He wanted to leave his options open and be ln a position to reconsider if an acceptable proposal was forthcoming. Councilman Billings stated � for someone to interpret that he was totally opposed to the vacation of this easement is inadequate. UPON A ROLL CALL VOTE ON THE MOTION FOR FIRST READING OF THE ORDINANCE, Councilman Schneider, Councilwoman Bolkcom, Councilman � FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 PAGE 14 Billings and Mayor Nee voted in favor of the motion, and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a four to one vote. 15. RECON5IDERATION OF SPECIAL USE PERMIT, SP #80-06 (WAIVING STIPTTT�ATInNI RY �7RR�ME CHRTSTENSON, GRNERALLY LOCATED AT 6260 Mr. Hickok, Planning Coordinator, stated that this is a request to waive a stipulation on a special use permit issued in 1980. The petitioner is requesting release from an agreement which requires hlm to sell two single family lots as one unit, which was part of the approval of Special Use Permit, SP #80-06. Mr. Hickok stated that the petitioner recently agreed to sell but has not closed the sale on a single family dwelling at 6260 Starlite Soulevard. The other lot at 6250 Starlite Boulevard has only a second accessory structure for which the special use permit was issued in 1980. At the time of preparing to close the sale the petitioner was made aware of the agreement which required both lots to be sold together. Mr. Hickok stated that the petitioner has agreed that if he is released from this agreement and if the ad�acent lot is not sold � within ninety days, he would 'apply £or a building permit for the property and proceed with construction of a home. He stated that Mr. Christenson did have a home designed for the site, and the garage was built with frost footings and necessary connections. The plan now for the home is to downsize it from 1,500 square feet to 1,200 square feet. If Mr. Christenson sells the property, the new owner would be required to apply for a building permit within 45 days of closing. ' Councilman Billings stated that at the time this special use permrt was issued, both Council and the Planning Commission emphasized to Mr. Christenson that placing a garage on an empty lot, without a home, was not the normal procedure, and this is how they came up with this solution. He stated that Mr Christenson's letter states that he will try to sell the property or take out a building permit for a home within a certain period of time. It has been sixteen years, and there still is no home on the lot. He asked if there was a reason. Mr. Christenson stated that when he originally purchased the property, his intention was to construct a home on that lot, and plans were drawn in 1988. At that time, he had a�ob change He is now traveling a lot, and the property is too much for him to maintain. He knew about the agreement on the property at 6250 Starlite Boulevard but was unaware it covered the property at 6260 Starlite Boulevard. Councilman Billings stated that as he understands it from Mr. Christenson's letter, if the ad�acent lot is not sold within ninety � FAIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 15 days, he would apply for a building permit for the property and proceed with construction of a home. If he sells the lot, the buyer will be required to apply for a building permrt within 45 days of closing on the lot. MOTION by Councilman Billings to release the petitioner from the agreement signed in 1980 provided that Mr. Christenson, as evidenced in his letter dated May 6, 1996, agrees either to a sale of the property or an application for a building permit within ninety days. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION N0. 38-1996 SUPPORTING THE CONTINUED OPERATION OF COLUMBIA ICE ARENA BY ANOKA COUNTY: Councilman Schneider stated that he requested staff to draft this resolution. Everyone is aware that Anoka County intends to sell Columbia Arena, and he proposes that a sports association or communities purchase it. He is amazed that some of the County Commissioners forget about southern Anoka County and spend in the northern half of the County. He felt that the Commissioners should be made aware of Council's feelings and this is the purpose of this resolution. � MOTION by Councilman Schneider to adopt Resolution No. 38-1996. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. INFORMAi� STATUS REPORTS: Mr. Burns, Crty Manager, stated that at the conference session after the Council meeting, he would like to discuss options concerning hard surface driveways. � ADJOURNMENT: MOTION by Councilwoman Jorgenson to ad�ourn the meeting Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 6, 1996 ad�ourned at 9:24 p.m. Respectfully submitted, /' , �-,?.c,r�rz -�-�L!�,c:_t-...'L Carole Haddad _— Secretary to the City Council VV � � William J. ee Mayor