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02/27/1984 - 00012341'naF MTNn'S'F' OF TH � a1R F.F`5`rNr OF `�' FRID ITY 1NCTL OF FEBRIIARY 27. 1984 'IY�e Regular Meeting of the Fridley City Council was called to order at 7:30 p. m, by Mayor Nee. Pr, E OF Ai,i,FGIANCE: Mayor Nee led the Council and audience in the Pledge of A1legiance to the flag. ROLL CI�L�L: � MEMBERS PRESENT: Mayor Nee, Councilsan Schneicler, Councilman Hamernik Councilman Fitzp�trick and Councilman Barnette Ie7EMBERS P.RSENT: None APPROUAL OF A7INOTFS: �UNCIL P�IEETING FEBRUP.RY 6 1984: MOTION by Councilman Fitzpatrick to agprove the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P�Iayor Nee declared the motion c;arried unanimously. ADOFIPIOPI OF AGEbIDA• D'IOTION by Councilman Barnette to adopt the agenda as submittecl. SecondeG by Councilman Schneider. Upon a voice vote, all voting aye, P�iayor Nee declared the motion carried unanimously. OPET7 F(7ROP1, VISI�RS: P7r. Leonard Moore, 8301 Riverview Terrace, sLated he would like siricter laws pertaining to the pickup of garbage. He stated he would like to have the Inspection Depsrtment give a 24 hour no�ice that garbage had to be � picked up or else they would be cited. He stated he repoxtec7 that garbage at 8316 East River Road hadn't been picked up and it took several weeks for the Inspection Dep3ri�nent to react. , Mr. Herrick, City Attorney, stated the City can issue a complaint ii- they find a violation, but once the complaint is issuea, the City has no control over the amount of time it takes to process lt. He stated if the person who receives the citation would plead not guil'ty, there would be a substantial delay. He stated the only thing the City would have control over is to try to have the Inspection Department out as saon as possible when a complaint is received. Mayor Nee stated the City may be able to issue a catation sooner, but a misdemeanor is the only penalty the City can impose. D4r. Moore stated there is an ordinance in the City which states garbage will be picked up once a week and this should be enforced. Mayor Nee stated the City wants it enforced, haaever. he couldn't at tl�is time tell what had happened in the case to which Mr. Moore ref-erred and why it wasn't acted on sooner. �� « �� i� � �� • • � PUBLIC HEARINGS• � � �� , .. �� ••• � •S• •:� •► �l � • • 'JI: . : � - P�ayor Nee reopened the public hearing at 7:40 p.m. on Street Improvement Pro�ect 1984-2 pertaining to 73rd Avenue. Mr. Flora, Public Works Director, stated at the last meeting on February 6, a nimiL�er of persons ob�ected to the improvement of 73rd Avenue and to � insure that all parties notified of the hearing had adequate time to respond, the public hearing was continued to this everung. Mayor Ddee stated the proposed assessment for the improv�nent of 73rd Avenue is $76.82 a front foot for the street and $11.74 a front foot for the bikeway/walkway. Mr. �ureshi, City P7anager, stated when 73rd was originally developed, the construction was staged and the final improvement was held because most of the property along this street was not developed. He stated the property now from Able Street to Old Central is iully developed, but between the east service drive of T. H. 47 ana Highway 65, it is not fully developed. Mr. Qureshi stated this portion of the improvement could be held until there is full development, if the Council wished. He stated, if the Council desired, some of the cost of the improvement could be funded through State Aid funds. FIe stated, normally, most of the costs for a bikeway/walkway have been p�id by grant monies. Mr. Qureshi stated staff would be comfortable suggesting the City �y one-third of the cost of the improvement, with two-thirds of the cost assessed to the property aaners. He stated this would make the cost at about $59.00 a front f-oot. Mr. Semore Nelson, 895 73rd Avenue, asked if any of the costs for this � improvement would be assessed to the property awners on the north side of 73rd. P�lr. Qureshi stated there is no plan to assess property owners west of Highway 65 to the north, as they were assessed for the service road. Mr. Nelson stated he understands the proposal is to block off the one-way at Baker Street and stated he had no ob�e�tion to it, He stated the proposal to extend Able Street into 73rd would, he felt, make an extremely hazardous intersection. FIe stated on the east side of Able Street there are double bungalaas and all of then have garages facing Baker Street so they xarely use Able St�eet fox parking or entrance to their homes. He stated he understood p�rt of the reason access is wanted from l�ble onto 73rd is to relieve the congestion at Jackson Street. He stated there is very little traffic east of Jackson Street. He felt this would be an � �i � � �� i �, • e� .. extremely expensive project which wouldn't accomplish anything. He felt to relieve the congestion at Jackson Street, another intersection should probably be put in by the park or at Meanory Lane. He stated putting another entrance at Able would make it so close to Baker Street and the service drive comi.ng frm the Target �,�arehouse. Mr. Nelson pointed out there isn't a single stop sign between University and Highway 65 on 73rd and if the City wants to make it safe, there probably should be a stop sign at Jackson. I3e stated he has not seen any traffic �ams on 73rd and questions if any improvement has to be done at all. NIr. John Zimmer, Engineering Department of Chicago-Northwestern Transportation Company, stated they received notice this afternoon regarding the hearing and would like to be on record that they ob7ect to any assessment on this street. Mr. Zimmer stated a letter had been sent to Council regarding their objection, MOTION by Councilman Hamernik to receive the letter from (hicago-Northwestern Transportation Company. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor �Iee declared the motion carried unanimously. Mx. (�ureshi stated staff's recommendation woulcl be that the area between University up to Ab1e Street be delayed until there are firm proposals regarding development of the properties on the south side of 73rd Avenue. Mr. Don Spano, 7300 Jackson Street, asked if this plan is adopted as originally proposed would any other items such as stop signs, buffer zones or street lights be added. Councilman Harnernik stated if it was an item that would be assessed, it grobably woulc]n't 1� changed; however, if there are items which are not norma]ly assessed, there could be changes made at any time. Mr. Sp3no stated he has some concern living on the corner of 73rd and Jackson as there is increased traffic and they have a safety problem at this intersection. P1r. Qtareshi stated the City has complete records ora happenings at every intersection and constantly study th�n, He stated t1�e improvement proposed was to narrow s�ne of the road to better control the traffic. fIe stated if this improvement is not adopted, as proposed, the City would study this intersection further in con�unction with the two larger parcels on the south side of 73rd. Mr. Spano stated his problem with the street is the right-of-way and safety. Mayor Nee stated the problem has been discussed and if doesn't proceed, it may have to be considered separately study. the improvement and have further .�� , �� _ 4_a �8 �..� _ � • :. .��cl�� Mr. Vern Evemno, the street. He improvement. � 1223 73rd Avenue, stated he didn't see anything wrong with state he hasn't heard anyone who is in favor of the He stated the method of assessment seems unfair as where they are located they can be assessed on both sides. He i-elt the improvement wouldn't add any value and it was a little pre-mature. P4r. John Jenson, P4innesota Transfer Railroad Company, stated he voiced ob�ection at the last meeting and would support staff's position that the g3rt of 73rd which is undeveloped be deleted at this time. D1r. John Buzick, 1201 73-1/2 Avenue, stated no one wants the street and everyone feels the street is good quality and doesn't see a large traffic vol�nne where they are loc:ated, D7r. Jim Zeglin, representing Determan Welding, stated he was speaking on behalf of his boss who was on vacation. He stated he thinks everyone who is going to be assessed is in agreement that there is no need for this improvement. He stated the bikeway/walkway �th itself is a City pro7ect for the entire City to use and should not be �id for 7ust by the property owners where the bikeway/walkway is located. He stated they would be taking 20 feet of their property for the bikeway/walkway and that is enough. Mayor D?ee pointed out the question on haa the improvement is to be assessed is a separate hearing and the hearing this evening is to determine if the improF�enent should be done. Mr. Qureshi, City Nlanager, stated this road was developed over ten years ago and the plan, at that time, was not to build it to Eull standards because most of the property wasn't developed. He stated if the Cify wants to protect what they have already invested in the street, it is better to build naa and bring it up to industrial standards. He stated all the properties are developed so there is no reason to wait. He felt if the improvement is ever going to be done, it should be done as soon as possible. Mr. Qureshi stated the improvement would be assessed in 19$5 and go on the tax rolls for 1986. The property aaner would have the option to pay the assessment in a lump stmi or to pay over a 10 year period at an interest rate between 9 to 9-1/20. Mr. A1 Qualm, 399 73rd Avenue, asked what would happen if they didn't do the improvement right now. P4r. Flora, Public Works Director, stated the majority of 73rd Avenue doesn't have the final mat so the base has been wearing over the years. He stated a large amount of surface gravel has worn away and if they don't save that base now, there would be the tendency to lose everything and require a whole new base. Mr. Flora stated once the water gets under the asphalt, it erodes the gravel so you have to start with a new 6ase. He stated if this happens, the costs would increase about 50�. � � � � � � �. a� �._ • �:s. � : ' : � P�r. Zeglin asked xf 73rd was a State A�.d street, p7r. Qureshi sated if was a State Aid street and eligible for State Aid funding. He stated the policy the City adopted is to put State Aid monies into a fund for the maintenance of a11 streets in the City. Mr. Zeglin stated the property aaners will be assessed for the street and the money the City receives for this improvement would be put into a fund to maintain all State Atid roads, Mr. Zeglin stated what they want is a big, wide roadway which will end with a"buggy trail" going into Moundsview and it doesn't make sense, as it seems what is there now is adequ�te. Counc�lman Barnette stated what staf£ was proposing is a compromise to reduce the cost of the improvement to the property owners in order to make it reasonable, He felt you also have to look at it ixan the point that it will happen anyway in the future, and at a higher cost than what it would be naa. �lr. John Buzick stated he understands what Councilnxvi Barnette is saying, however, their problem is they are still �ying the assessment on 73 1/2. He stated they will also be filling a ditch thaL serves the entire City on a tax forfeit property that was sold by the County. He stated the imgcovement isn't nece5sary for the persons frontinq on it, and would be actually for people who aren't located on it, He felt the street is a State l�id street and the funds for this improvement should be paid from these monies. Councilman Schneider stated he felt Mr. Buzick's argunent that the street would be for people who aren't actually located on it could be macle in every instance of all streets. He stated they do however, have a unique situation where they front on two streets. He stated the policy adopted is everyone pays and benefits from the street. He stated certainly their businesses couldn't survive if the roads aren't there so it is a spreading of charges for all. He stated, ultimately, all roads have to go in and someone has to pay for them. He stated the State Aid funds they use benefit everyone so when streets have to be maintained you are not assessed again. Councilman Schnelder stated he felt the City's policy is consistent with what has been done with other roads in the City. Mr. Buzick stated he felt the City has an integrity problem where they I�ave the property owners p�y for the streets and also collect State P,�.d funds so the City can have the money right away. Mr, Vern Evemno felt they would be subsidizing the stxeet for others in the community as people between Highway 65 and University didn't pay for the road. No othex pexsons in the audience spoke xegarding this street improvement project. MOTION by Councilman Schneider to close the puUlic hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Nlayor Nee declared the motion carried unanimously and the public hearing closed at 8:35 �.m. �� i ��', •• � �. • •:' 7 • : • � ��_�r� •�� x � t �'�!k.� ► • . �_�_ �� • P40TION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimausly and the public hearing opened at $:35 p.m. Mr. Flora, Public Works Director, stated when the Uniform Building Code was adopted by the City, there were some fire protection requirements that were not incorporated. Fle stated a change was prepared in the Zoning Code to � add the fire protection procedures to provide necessary sprinkler systems for all new construction. Mr. Flora stated when the Planning Commission was reviewing the ordinance, there were several other items they recommended be changed in order to clarify certain criteria. Mr, Qureshi, City Manager, stated this ordinance provides that buildings in excess of 8,500 and 10,000 square feet would be requixed to have sprinklers. He stated it was felt this was a farily reasonable requiranent which meets the needs of the property owners and proper balance for fire control and suppcession. Mr. Dick Harris, 6200 Riverview Terrace, stated he had a discussion with the Fire cl�ief and this ordinance seems reasonable, and he has no oYa�ection to it. He felt the City was approaching it in the right way to have this item handled in the Zoning Code. He fe1L- it would probably benef it a lot of the small building owners and help in their �rticular situations. Mr. Harris questioned what other changes were made in the code. Mr, Flora stated Sections 205.13 through 205.18 add the words "and equipment" which applzes to all commercial and industrial districts, Mr. Flora stated under Section 205.I8, repair garages and auto service stations are added to be allaaed zn both an M-1 and M-2 zone. No other persons in the audience spoke xegarding this proposed oxdinance � amendment. MOTION by Councilman Barnette to close the puhlic hearing. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:45 p.m. 3, P[7BLTC HF1�,RING ON 11 FINAL PI�AT, #83-D1, WESTERN RIDGE ESTATES, BY ALLAN FEHN; MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Secorxled 6y Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:45 p.m. Mr. Flora, Public Works Director, stated there are three different issues associated with this plat and, in addition to the plat, there is a rezomng request and a variance request. � � 4 �� A !I�� • :,. � •: � Mr. Flora stated the plat is for property located on Hillwind Road and calls for the construction of a duplex ancl a six-plex on the property. Mr. Flora stated there is a request for the City to provide some turnback property to the parcels from which at was originally taken for right-of-way. He stated a portion of the turned back property woulcl revert to Lot 2 and another port�.on would xevert to Lot 1. Mr. Flora stated because of the steep bank, zt would be very difficult to develop this praperty without the turnback of the property from which it was originally taken. Mr. Flora stated the property is layed out so, in the future, it could be considered fox oondominituns. He stated water can he extended to service this c7evelopment, but there would be a requirement to provide a forced sewer system to pump uphill. He statecl there is some concern abauL- drainage to the north because of the steep slope. Mr. Flora stated the Planning Com[nission recommended approval oi the plat with seven stipulations, which he outlined. Councilman Schneider stateci he talked with Mr. Fehn and he has constructed the duplex irmnediately to the east of this proposed plat. He stated some of the drawings proposed are, basically, the same aesthetically and this seems like a unique solution for a difficult property. He stated it looks like this would be a development that would be attractive to the City. No persons in the audience spoke regarding this proposed plat. F10TION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carrxed unanimously and the public hear�ng closed at 8:55 p.m. ' � � •� �. • �� ' �: �� ` ' _�� tl MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Hamernik, Upon a voice vote, all voting aye, Meyor Nee declared the motion carrled unanimously and the public hearing opened at 8:55 p.m. Mr. Flora, Public Works Director, stated the existing zomng lines are not aligned with the property lines and the zomn�, request before the Council is an attempt to realign the zomng lines in accoxdance with propexty lines and to rezone the property. The request is to rezone the portion at Lot 1 to R-3 that is not already zoned R-3 and to rezone Lot 2 to R-2 that is not already zoned R-2. Mr. Flora stated the Plansung Commzssion has recommended approval of the rezoning. ATO persons in the audience spoke regarding Lhis rezonzi�g request. �� •:� P�TION by Councilman Schneider to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public heating closed at 8:56 p.m. � � i� � • �� •• � ••� �• �� I�I d'� '� �I�II t U� Y • �I� 811 • 'u �I�M ' ` � ' G � 4 ' 7�1\� H10T70N by Councilman Schneider to waive the readinq of the public hearing notice and open the pulalic hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declaxed the motion carried ❑nanimously and the public hearing opened at 8:56 p.m. � Mr. Iiunan, City Clerk, stated the public hearing is to include a number of �rcels in the enlarge�nent of Redevelopment Pro7ect No. 1. He stated this would enable the use ot tax increment financing and to include thrs area in a tax increnent district. Mr. Inman statecl, with the problems in fi.nancing of industrial development, the staff recommended to the HRF� that, at the time the Paschke property was included, to also include other �rcels which may need help in developinq. He stated by enlarging Redevelopment Pro�eci No. 1 it merely sets in place one of the things needed for potential develo�anent. He stated the HRA, by adoption of resolution No. 1-1984 has recommended approval. He stated the Hlamm�g Commission also found this com�tible with the Comprehensive Plan and past resolution #1-1984. Councilman Hamernik asked the total area which will be included. PTr. Qureshi, City P7�-utager, stated the ma7or two pieces are the two railroad parcels which is about 77 acres and the rest is another 30 or more acres, Mr. Dick Harris, 6200 Riverview Terrace, stated he has previously stated his position about freezing the taxes and the windfall the HRA gets by freezing taxes. He stated he felt the Council is setting a bad precedent. He stated they have to face the issue that they are narrowing the tax base � for the schools, if they put all the undeveloped land into a tax increment district. He stated in the referend�nns that money doesn't fall back to the school districts, but back to the HRA and didn't really think the HRA needs it, but the school district does have the need. He felt at some point in time the Council has to face this issue. Mayor Nee stated he felt all the Council was sensitive to this issue. Mr. Harris stated no one does anything about it and thinks in several years the school districts will use up the monies they have and will be talking about another referendwn. N]OTION by Councilman Hamernik to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor P1ee declared the motion carried unanimously and the public hearing closed at 9:02 p.m. �� TN('T . ME O FF'gRf1 R 7_ 19R6 PAG� 9 • ' _ ��s" . � _iiMi 91, \_:_► � I MDTION by Councilman Barnette to waive the reading of the public heaxing notice and open the public hearing. Seconded by Councilman Schneic3er. Upon a voice vote, all voting aye, Mayor Nee declared the motion carraed unanimously and the public hearing opened at 9:02 p.ra. Mr, Iru��an, City Clerk, stated this hearing covers the establishment oE tax increment financing dist[ict No. 5 on the �aschlce property. He stated, due to soil conditions on the property, assistance was required from the HRA in � the amount of $30,000 in order to develop the parcel. He stated the HRA has approved and xecommends Council approval, He stated, at the current time, an eiqht year redevelopment district �s recommended. Mr, Inman stated letters were sent to the County and School District notifying them of this proposed district, howev�r, no response was received. He stated staff recommends approval to tax increment financing district No, 5. Mr. Qureshi, City Manager, stated it is u�, to the HRA each year to determine whether they have this development or not and if development would occur without this incentive. Councilman Hamermk stated he had quite an extensive discussion regarding this item and for the HRA to be g�yin9 only a small portion oi the total cost to bxing this property up to standards is a g�rtial incentive and Mr. Paschke will be absorbing most of the cost. Councilman Schneider stated he concuxs with RIr. Harris' comments and felt the windfall from the discretionary levy should be tarned back to the schools. PIr, Qureshi stated staff was in agre�nent and has made this ciear to the HRA. � P'1�TION by Councilman Hamernik to close the public heariny. Secondea by Councilman Schneider. Upon a voice vote, all voting aye, Mayor 1Vee _ declared the motion carxied unanimously and the public hearing closed at 9:08 p.m. • � ; �� _ � .. � � �_ • �� • �•� • �� • � �� •��• • � y:� ' �• �� _ • �� u • � � • � �� 1 �i� • Mr. Flora, Public Works Director, stated the Environmental 4uality Comnission reviewed the envirormental ordinances and found the existing t9�apter 109 has most of the solid waste items inciuded under chapter an solid waste. He stated they are, therefore, recommending deletion of these portions except those statutes which pertain to air quality. He stated the Planning Com¢nission has reviewed this and concurxeci with the Envixonmental Quala.ty Commission and what is now before the Council is the recommended change to Chapter 109. � 44 [� 9. �� a • " � H1r. Qureshi, City Manager, stated the State statute would 6e in effect also, but the City could prosecute under its aan laws. Councilman Schneider asked if r�noval of the sections minimizes the City's ability to enforce it. Mr. Flora stated these are already incorporated into the solid waste ordinance. Mi. Herrick, City Attorney, stated as far as air quality, the City can prosecute under the State statutes; however, if you prosecute under the City ordinance it would be a mtsdemeanor, which isn't the case if prosecuted under State statutes. MOTION by Councilman fIamernik to waive the reading and approve the ordinance upon f�,rst reading. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carxied unanimously, (X?1�]SIDERATION OF APPOTNTMENT OF NEW MEMBERS TO CITY COMMISSION (TABLED 2/6/841: PARK ADID RECRF�ITION CQMMTSION• Councilman Fitz�trick nominated Lennie Moore for appointment. He stated he had contacted Jan Seeger and she does not wish to be reappointed. Councilman Barnette nominated Steve Nelson. There being no further nominations, the nominations were closed by Mayor Nee. NIOTION by Councilman Schneider to table action on these nominations until the next meeting. Seconded by Councilman Hamermk. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FOLICE CONIMISSION: Councilman Barnette nominated Tim Sreider to serve on the Police Conu�iission, There being no further nom�rbations, the naninations were closed by Mayor P7ee. MOTION by Councilman Hamernik to cast an unanimous ballot for the appointment of Tim Breider to the Police Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• � � �• �� i • • ' •:� MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Conunission meeting of January 19, 1984. Seconded by Councilman Schneider. ilpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � � � � ��:1!. �. • �: 1 � • �I ii ��ulu �� ll � •• A E �� • �:�l�li1� y� �I � ' • � �� 1 � � • + �� ,�I�\/ S� I �I�Y : _ • � •� I • ' �� f � � '� • ' �� I li �1� • •• • �••� • • I� �1t'�+!4_ 1' m� ,,�� . . . • � �1.4_4![�S _ 1• • �I� � • •• •• •� I� ► � I � • • � �� 1l �' s'. • D iz � •• • 91 This item was previously acted on by Council with the first reading of this ordinance early in the evening. Mr. Flora reportec7 to the Council that he had attended the seminar. a� •� ••�,�Y?�S??Cy?�4V��i7��`TUid1�X�1ri]rf��i' i u• � •••�� • •• • � � • � MOTSON by Councilman Schneider to concur with the recommendation of the Parks and Recreation Commission to approve the policy on ice locations for the City. Seconded by Councilman Barnette. Councilman Hamermk asked what date the list would be establishged for the locations of the ice rinks. Councilman Barnette stated the Commission had indicated they would review the �st year's evaluation at their March meeting. UPON A VOICE VOTE TAKEN ON THE I�I:OVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. C. RECEIVING APPFI�LS CnMMISSION MINU`I'FS OF JADNARY 3I, 1984: � � •; s�s' ' � � u � .�« u • �,i ,� i� • � • � Mr. Flora, Public Works Director, stated these variances are requested in con7unction with the hearings on the plat and rezoning which the Council reviewed earlier this evening. He stated there is a need for a variance to reduce the iront yard setback from the required 35 feet to 25 feet; to reduce the required rear yard setback for a driveway from 5 feet to 1 foot; and to reduce the requireq 15 foot planting strip between different zones to 1 foot. Nlr, Flora stated the Appeals Commission has recommended approval of the variances with a stipulation on the rear yard setback that a 9uarc7rail be installed at any location where the retain4ng wall exceeds 30 inches in height and that the planting stnp variance only applied to about ei9hty feet of the property line. �ese items are to be foxmally acted on by the Council at the time the readings of the plat and rezoning are considered, but the aciministration wanted the Council to be aware of the variances requested. � "r� •�.1 ��. • �'' � �� • •�� • . � � n � �� •.�� .� ,« � n • �� • � ; : �. • � � �� • • � �� '.�h �_ •� i �� a •• ' . __, �' ' «' � '. , + Mr. Flora, Public Works Director, stated this is a request for a lot split to make a new building site at 1490 Rice Creek Road and, in con7nnction with tl�e lot split, some vanances are also requested. Mr. Flora stated the variances are to reduce the required lot width frcm 75 � £eet to 73 and 74 feet and to reduce the average front yard setback from 107 feet to 50 feet. Mr. Flora stated the Planrung Commission and Appeals Commission considered the requests and no ob7ections were made ��t either of these meetings. Mr. Flora stated the Cmnmissions recommended approval with stipulations on the lot split. P90TION by Councilman Barnette to concur with the recommendation of the Planning Commission and approve lot split, LS #63-06 with the following stipulations: {1) a 15 foot bikeway/walkway easement along Rice Creek Road; (2) payment of the p3rk fee; (3) all three lots must be recorded at Anoka County before any permits are issued, and (4) all street, sewer, and water assessments for the new lot be paid. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unanimously. I�tOTION by Councilman Schneider to concur wrth the recommendation of the Appeals Conunission and approve the variance request to reduce the required lot width from 75 feet to 73 and 74 feet and to reduce the average front yard set back from 107 feet to 50 feet as requested by Mr. Allan Singer. Seconded by Counciltran Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. Mr. Qureshi, City Manager, stated he wanted to make sure Mr. Singer was � aware of possible assessments for the road amprovement, assessments for sewer and water, and �yment of the �rk fee, Mr. Sinqer stated he understood there would be some assessments for the sewer and would like then deferred until the lots are built on and/or sold, Mr. Qureshi stated his ma�or concern is that the City receive a letter fram P1r. Singer indicating he is aware of the potential assessments on Rice Creek Road and that he g3sses this information on to whoever buys those lots. Mayor Nee felt this should be handled as a separate issue and for P4r. Singer to submit it in writing for action either by administration or, if necessary, the Council. I�TION by Councilman Schneider to receive the minutes of the Planning Commissian meeting of February 8, 1984. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion declared unanimously. {� ��1�� ; • • ; , • �� : ':� •�• • � � • � :�, :C� �. �. �I�Y \/ 81: �I.�. �.911 .�7�7A�Y _ � Ms. Stephanie Jones, Attorney representing the Legislative Counsel, appeared before the Council regarding a bill to amend Minnesota statutes pertaining to incentives for new develo1anent, b1s. Jones introduced Mr. Don Adams and Nir. Norwood Nelson representing the Onan Corporation. � h1s. Jones stated of the many groups she has discussed this bill with, the City is most familiar with Onan's history, She stated Onan currently enploys 1,800 workers in Fridley and the com�any is faced with the decision as to where to exp3nd. She stated the City is a3ready aware of the need for additional space for their engineering personnel and Onan plaiis expansion at an estimated cost of $10,000,000 and the company wants to update its manufacturing systems and would spend over $5,000,000 to do so. Ms. Jones stated the Board of Directors hasn't made a decision whether to expand in Fridley. She stated when Onan was faced with decisions about e�nsion, rt demonstrated its concerns to the State. Ms. Jones stated Onan also has a facility in the south and two factors make it very attractive to expand at that location because of waiver of the sales and use tax and the absence of any real estate taxes. Ms. Jones stated the bill addressed in the I3ouse bp Representative Simoneau essentially is enabling legislation. She stated this proposed legislation would allow a City to grant an exemption on property taxes and this woulc] apply only to new construction and limited to a five year period, She stated the exaJnption is at the discretion of the City. She stated the value and assessments on existing improvements woulcln't be affected and they would ranain stable. Ms. Jones stated the City wouldn't lose any revenue it naa derives from the property taxes and woulcl obtain additional revenue when the new � construction was put on the property tax rolls after five years. P7s. Jones stated in regard to fiscal disparities, the provision in Minnesota statutes would take this out of the formula so monies that would be included in fiscal dis�rties wouldn't be ineludecl for those five years. She stated the bill also exempts from the sales and use tax, all equipment and supplies for a five year period and provic3es reduction in sales tax for purchase of capital equipment. t+IS. Jones stated she felt the long-term interests of �.he City are served by the bill and protects the residents' interests in the City. She requested the City's support of the bill on behalf of Onan. NJC7TION by Councilman 5chneider to adopt Resolution No. 18-1984. Seconded by Councilman Fitz�trick. Upon a voice votc-, all votig aye, i+2ayor Nee declared the motion carried unanimously. � �� 4 �� ;i .. • � • ' '3� �• a, 'N' i Z c e • 111�0.� •• • 111 � � • • � �' MOTION by Councilman Hamernik to adopt Resolutian No. 19-1984. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion caxried unanimously. 13. R�OLUTION NO 20-1984 ORDERING IMPROVEM_F'NT APPRUUAL OF PL�N.S 1�ND ORDERING IjDVERTTSEMENT FY7R BIAS• 1984 CdNCRETE PAVEMENT JOT� �p CRACK RESEALTNG PRQ7EGT: � MOTION by Councilman Fitz�trick to adopt Resolution No. 20-1984. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousl.y. 14, RESOLU�N N0. 2l_-1_9$4 RF.LF.ASING PORTIONS OF 7RDI�IIZ HIGFIWAY TURNBACK TO TfiE CITY OF FRIDLEY: MOTION by Councilman Schneider to adopt Resolution No. Z1-1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unarumously. 15. RESOLUTION N0. 22-1984 ORDERING PRELIMINARY PLANS. SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT 5T_ 1984-1 (ADDEBIDUf�f #1) : MpTION by Councilman Hamernik to adopt Resolution No. 22-1984. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the mation carned unammously. 16. RESOLUTION N0. 23-1984 RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTEI2 OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PRiJ.7EGT ST. 1984-1 (ADDIIVDUM #11: P'C7TION by Councilman Hamernik to adopt Resolution No. 23-1984 and set the � public Learing for March 12, 1984. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLIJTIDN NO. 24-1984 ORDERING IMPROVEMENT AND FINAL PLAA7S AD7D SPECIFICATIONS AND EST7I�'IATES OF COSTS TH�Rrr�F: STfLET IMPROVEMI?n7T PRO�ECT N0. ST 1984-1 & 2: NAJTiON by Councilman Fitzpatrick to adopt Resolution No. 24-1984. Seconded by Councilman Schneider, MOTION by Councilman Hamernik to amend Resolution No. 24-1984 by deletion of that portion of the improvement of 73rd Avenue between T. H, 47 (University Avenue) and Able Street. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � •hlu �t 1�. • e: •: �:, UR7N A VOICE VOTE TAKEN ON THE MAIN P70TION, all voted aye, and Mayor Nee declared the motion carned unanimously. � •� � ':� ••� •• � ... � � . , � ••� �� •• : ti ••• � �► • � � : Mr. Qureshi, City Manager, stated if it is the Council's desire not to proceed with the imgrovement of 73rd Avenue between T. E1. 47 (University Avenue) and Able Street, the resolution coald be amended. MDTION by Councilman Hamernik to adopt Resolution No. 25-1984. Seconded by Councilman Schneider. PxYPION by Ciu�cilman Aamermk to amend Resoluuon No. 25-1984 by deletion of that portion of the improvement of 73rd Avenue f�tween T. H. 47 (Umversity Avenue) ancl Able Street. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mation carrzed unanimously. UI�N A VOICE VdPE TAKEN ON 'li3E MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � � • r . :� � � �� ,�� •� • � �� a_�� • � � • � � � � • . . , �. ' S�i� MOTION by Councilman Barnette to adopt Resolution No. 26-1984. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriecl unanimously. 20. RE30LUTION N0. 27-19$4 APPROVING THE ESTABLISHM�NT OF TAX INCREI�iENT DISTRICT N0. 5 AND THE ADOPTION OF A TAX INCRF��7ENT FItJANCING PLAN THEREFORE IN RIDEVELOPMEN'P �RO,TECT N0. 1 OF THE FRIDLEY HRA: � MD7TIOP7 by Councilman Hamernik to acbpt Resolution No. 27-1984. Seconded Uy Councilman Schneider. Upon a voice vote, a11 vot�.ng aye, Mayor Nee declared the motion carried �uianimously. � � � • : • : � '��► � �. 1 ' � � P7DTION by Councilman Fitz�trick to adopt resolution tdo. 28-1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. RSOLUTION N0. 29-1984 AU??iORIZING APPLICATION FOR A BIREwAY_CRAnrP_ PFd�M T`rlE MTriNF:S(YI'A DEPARZME�TP OF TRANSL�RTATIQN: N10TTON by Councilman Barnette to adopt Resolution No. 29-1984. Seconded by Councilman Schneider. Mr. Qureshi, City Manager, stated he wanted to make sure the Council is aware of the area for which they are requesting the grant. He stated they wish to correct the existing bikeway/walkway system all the way from the �� r1 �', . ,, �� ¢• .. .;. %£C�[i Center City to Springbrook Nature Center. He stated if a grant is received, 750 of the funding comes from the State and the City contributes 250. Councilman Hamernik questioned if there was enough room in the right-of-way for this system. P4r. Flora stated there is a adequite amount of right-of-way to complete the bikeway/walkway syst�n. UR7N A VOI(� VOTETAKII�1 ON �IE AS(7VE l�TION, all voted aye, and Piayor Nee declared the motion carried us�animously. 23. f2FSOLL7TI0N 1�0, -30-1984 �U7VE.RTISINC FOR BID� POR R�PAIP. OF ti;�ELLS #�6 �, #8 Mr. Flora, Public Works Director, stated the City annually schedules three or four wells for rep3ir each year and specifications have been prepared fox wells #6 and #8. He stated they are looking at increasing these wells capacities and funds are available in the Utility Fund. MOTION by Councilman Fitzpatrick to ��opt-Re�olution No. 30-1984 for bids for the repair of wells #6 and #8. Seconded by Councilman Hamernik. Upoi� a voice vote, aIl voting aye, Mayor Nee declared the motion carried unammously. 24. C�AIMS: MOTION by Councilman Schneidex to authorize payment of Claims No. 027420 through 053Z03. Seconded by Councilman Barnette. Upon a voice vote, aIZ voting aye, Mayor Nee declared the motion carried unarumously. 25. LICENSFS: � MOTION by Councilm�n Barnette to approve the licenses as submittetl and as on file in the License Clerk's Office. Seconded by Councilman Hamernik. � Upon a voice vote, all voting aye, P7ayor Nee declared the motion carried unanimausly. 26. ESTIMATES: MOTION by Councilman Fitz�atrick to approve the estimates as submitted. Popham, Haik, Schnobrich, Raufman & Doty, Ltd. 4344 TDS Center Minneapolis, MN 55402 For professional services rendered for the month of January, 1984 $ 43.35 Item 23 corrected per Rick PriUyl's memo dated 5,�12/86. Authorization to advertise Lor these bids was Uy a mot,,� to ad�p* this resolution. � �� , • �c;. .. (ESTIMATES OONTINUID) E. A. f3ickok � Associates 545 Indian Mound Wayzata, MN 55391 Moore Lake Restoration Pro�ect II Professianal Sezvices for FebruaCy, 1984 A E $1,661.74 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, [�!ayor Plee declared the motion carried unanimously. ,� � . � � l_.r 4� MOTION by Councilman Barnette 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 Reqular Meeting of tk�e Fridley City Council of February 27, 198g ad�ournec3 at 9:55 p.m. Respectfully suixnitted, �f ,n, �/ ,� � � ` 7'�.�-G`� X�'Z�e(sw� y �__ Carole Hadc7ad William Nee Secretary to the City Council P4ayor Approved: March 12, 1984 � �