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03/04/1991 - 00005905��-� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF � MARCH 4. 1991 The Regular Meeting of the Fridley City Council was called to order at 7:37 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: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PROCLAMATIONS: GIRL SCOUT WEEK - MARCH 10 - 16, 1991: Mayor Nee issued a proclamation proclaiming the week of March 10 through 16, 1991 as Girl Scout Week in the City of Fridley. � VOLUNTEERS OF AMERICA WEEK - MARCH 3- 9, 1991: Mayor Nee read and issued a proclamation proclaiming the week of March 3 through 9, 1991 as Volunteers of America Week in the City of Fridley. � PRESENTATION OF CERTIFICATE OF APPRECIATION: JERRY SHEREK - APPEALS COMMISSION: Mayor Nee stated that a Certificate of Appreciation is being given to Jerry Sherek for his services as a member of the Appeals Commission from March, 1986 to January, 1991 and in recognition of his contribution to the City. Mayor Nee requested that this certificate be sent to Mr. Sherek. APPROVAL OF MINUTES: COUNCIL MEETING. FEBRUARY 25. 1991; MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��� FRIDLEY CITY COIINCIL MEETING OF MARCH 4, 1991 PAGE 2 � ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon 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. STATE LEGISLATIVE UPDATE - SENATOR DON FRANK: Senator Frank stated that he was pleased to speak to the Council this evening in regard to Legislative activities, He stated that there are, basically, four items he would like to address and answer any questions by the Council. Senator Frank stated that one of the issues is reapportionment and redrawing the district lines based on the census. He stated that based on the history of the reapportionment process he doubted if it would be accomplished in this Legislative session. He stated that an interesting aspect was in 1970-72 and in 1980 there were court challenges to any drawing of the lines, and those challenges � were filed in Federal District Court. He stated that the challenges this year have been filed in State Court. Senator Frank stated if that is the case, the judges that would eventually decide the reapportionment issue would be two Democrats and one Republican, but in the Federal District Court the judges would most likely have been two Republicans and one Democrat. He stated that where the challenge is filed may be a basis for the decision on where the reapportionment lines are set. Senator Frank stated that in regard to fiscal disparities there are three bills which address this issue. He stated all of the three bills that were introduced were referred to the Tax Committee. He stated that he will, hopefully, get those bills into his Metropolitan Affairs Committee for consideration. Senator Frank stated that he is aware of the fiscal disparities impact on the City's structure. He said in all of Anoka County the County taxpayers win but that it does have a negative impact on the City itself. Senator Frank stated another issue is that the Metropolitan Affairs Committee has had various hearings surrounding light rail transit, the Metropolitan Council, the Rapid Transit Authority, Metropolitan Transit Authority, Department of Transportation, and the Metropolitan Airport Commission. He stated that the Metropolitan Affairs Committee will address issues that impact residen�s and � taxpayers of the metropolitan area. V � } FRIDLEY CITY COUNCIL MEETING OF MARCH A, 1991 PAGE 3 � Senator Frank stated that in regard to Governor Carlson's budget balancing proposal, all members of local government are acutely aware of potential impacts on the budgets of local government. He stated he can see that it has a very profound impact on Fridley and, if this proposal passes, it would have a dramatic affect on the property taxes in Fridley. Senator Frank stated that the Governor feels the tax proposal, as he proposes, will basically pass intact. He stated that there is disagreement, but one has to remember that the Governor has the ultimate supreme tool of the veto. He stated that he also felt it would be very difficult for the House and Senate to override a veto. He stated that whatever comes out of both houses stands a distinct risk of being vetoed by the Governor if it is dramatically different from the proposal. Senator Frank stated that the budget balancing proposal is not in the form of a bill and not in writing. He stated the Governor proposes that leadership from both houses meet with him to discuss the budget balancing proposal. He stated that if the Democrats in the Legislature do not agree they should come up with an alternate plan. He stated that the tax proposal given to the Legislature in an oral and summary memo would indeed have a very negative impact on local units of government. Ae stated that Mayor Nee has spelled out in detail what the impact on Fridley would be, and it would be very horrendous. He stated he did not think the bill that would � eventually survive prior to any veto would look anywhere near the proposal. He stated that if the Legislature has to go into special session he is not convinced the Governor will not survive with a major portion of his proposal intact. Councilwoman Jorgenson asked whether in the reapportionment the metropolitan communities would have more Senatorial districts than what currently exists. Senator Frank stated that the metropolitan area comprises about 52 percent of the population. He stated it is anticipated that areas outside the metropolitan area would lose up to six Legislative districts and core cities may lose representation depending on how lines are drawn. Councilman Schneider asked Senator Frank about his thoughts on light rail transit and when this may happen. Senator Frank stated that there have been hearings and in-depth conversations with those involved with the planning. He feels that light rail transit has a poor chance of passing in the Legislature primarily because of the funding. He stated that if you look at the mill structures in the cou»ties, Anoka County's millage was downgraded. He stated that Hennepin County could bond for one arm of the light rail transit system. He stated that he did not see � light rail transit as a viable project because of the inability to tax it to sustain it. � , � ��a FRIDLEY CITY COUNCIL MEETING OF MARCH 4. 1991 PAGE 4 Councilman Billings stated that the Council passed a resolution indicating they would not support Hennepin County's proposal regarding fiscal disparities. Senator Frank stated that he has received a copy of this resolution and felt it was unanimous across his district that elected officials do not 5upport a change in the formula or a capping on fiscal disparities. He stated that he would do everything he could to freeze those bills. Councilman Billings stated that he believed Representative Munger had introduced a bill to the effect that if wetlands are going to be mitigated, it needs to be done within the same watershed district. He stated that the City has not taken an official position; however, there is now a project in the City which would be impacted if this bill was passed. Councilman Billings stated that the City has two watershed districts within its boundaries, Rice Creek and Six Cities. He stated that there is a site in the Six Cities Watershed District where the developer wants to mitigate some wetlands, and there is a site in the Rice Creek Watershed District where residents want some wetlands and a park. He stated that as he understands the Munger bill, this would not be permitted. Senator Frank stated that he has not seen the bill, but he is very pleased that this has been called to his attention. Councilman Billings suggested that the Community Development Director could send some background information on Meadowlands Park to Senator Frank in the event this bill gets to the floor. Senator Frank stated that he would be happy to receive this information. Senator Frank stated that he has introduced a bill that, basically, raises penalties for violation of the obscenity statutes. He stated that he is still looking at court cases in Texas and Georgia which may provide a guide for future legislation. He stated that he felt he could not wait to analyze these laws further, and the thrust of his bill is to increase penalties. Mr. Herrick, City Attorney, stated that Senator Frank's bill may not solve all the problems, but it is a good step. Mayor Nee stated that in regard to the Governor's budget balancing proposal, he would like Senator Frank to try to convey what the impact would be on a community such as Fridley. He stated that what Governor Carlson's supporters are saying is that reckless city spending is the major cause of State finance problems; State aid of cities causes reckless city spending; and city spending is a Great Black Hole. Mayor Nee stated the fact is that of all jurisdictions receivinq State funds, cities are the most conservative. He stated that from ` � J �7 FRIDLEY CITY COUZICIL MEETING OF MARCH 4. 1441 PAGE 5 � information prepared by the State Auditor's Office, spending increases between 1980 and 1988 have increased by only about 3 percent for cities, whereas spending on the county level has increased by about 18 percent and 22 percent for the school districts. He stated that what the statistics showed is that over a nine year period, there was only a$1.09 increase per capita in city spending. He statred that this is not the picture of free- wheeling spending. He stated that the hard fact is that cities have been cutting their staff by about 7 percent, and the State has increased staffing by 11 percent. Mayor Nee stated that State Aid to Local Governments from 1984 to 1991 has increased by 63 percent to the schools, 27 percent to the counties and 18 percent to the cities. He stated that he is sensitive when the State is saying that city spending is the big problem because, frankly, that is not true. Mayor Nee stated that under Governor Carlson's proposal Fridley would lose $700,000 in local government aids, a loss of $863,400 in homestead credits, a$6,281,987 loss in the value of the tax base, and a$314,099,350 loss in the tax base's market value. He stated that the Governor's proposal would decimate the Fridley tax base as commercial and industrial property comprises 59 percent of the City's tax base and with this proposal it would be 31.8 percent � of the tax base. Mayor Nee stated that the affect on the City and schools is a loss of 60 percent of the City's commercial/industrial tax capacity, and business and homeowners will have to make it up. He stated that Governor Carlson's proposal shifts costs of local service from income tax and sales tax to property tax and the property tax burden from commercial and industrial properties to homeowners. Mayor Nee stated that if the Governor thinks the people will not be outraged, he is wrong. He asked Senator Frank to convey these feelings to Governor Carlson. Senator Frank stated that the Tax Committee will go into very fine detail on the proposal once it is submitted. He stated that if the tax bases are cut to this degree, cities will have to raise taxes or cut services. He stated that this would be undoing what was done in the early 1970's to try to downgrade the amount of property tax most people have to pay. He stated that the Democrats will make every effort to downgrade the property tax. He stated that the League of Women Voters proposes income tax increases rather than these tremendous downgrading of services or a combination of downgrading of services and an increase in the property taxes. He stated that he hoped this message will get across. Mr. Burns, City Manager, stated that the City is trying to get into � some strategic planning and would like to identify the worst or best case scenario on what would come out of this Legislative session in regard to qovernment cutbacks. �� 7 FRIDLEY CITY COUNCIL MEETING OF MARCH 4. 1991 PAGE 6 � Senator Frank stated that it would be presumptuous on his part to respond to Mr. Burns' inquiry. He stated that as the session progresses and they have a bill in front of them, he could come and give them an update. He stated that, at this point, it is too early to project. Mayor Nee thanked Senator Frank for presenting this update to the Council. PUBLIC HEARING: 1. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT NO. ST 1991-2 (73RD AVENUE UPGRADEI: MOTION by Councilman Billings to waive the reading of the public hearing notice and open 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 opened at 8:24 p.m. Mr. Flora, Public Works Director, stated that in 1982 the City completed a portion of the improvements on 73rd Avenue between University Avenue and the railroad tracks. He stated that in 1984 improvements were completed between Baker Street and Central ' Avenue. He stated that the improvement which is being addressed in this hearing is on 73rd Avenue between Symphony and Baker Streets as a means of removing frost boils, potholes, poor sub- grade and improving the storm water runoff as well as completing the bikeway/walkway system from the east to Locke and Community Parks. Mr. Flora stated that this section of 73rd Avenue is proposed to be widened and upgraded to an eleven ton design. He stated that the improvement will also include concrete curb and gutter, sidewalks, bikeway, storm sewer, water and sanitary sewer, and landscaping. He stated that all affected property owners have been notified of this proposed improvement. He stated that there would be no assessment to property owners on the north side of 73rd Avenue; however, properties on the south side would be assessed for a portion of the improvement. Councilman Billings asked about changes in the intersections. Mr. Flora stated that there is currently a one way slip-off on 73rd from Baker to Able Street and with the improvement, traffic going east would be directed to turn down Able Street. Mr. Flora stated that it is proposed to narrow the intersection at Jackson between the service drive and 73rd to the approximate width � of Jackson Street. �93 FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1991 PAGE 7 1 Councilman Billinqs asked how this imgacts the cars that are westbound on 73rd Avenue. Mr. Flora stated that it would still allow vehicles to exit from 73rd and continue on Jackson Street. Mr. Flora stated that the intersection at Symphony and 73rd would be narrowed and a right turn movement allowed onto Symphony Street. Ms. Dianne McKusick, 7330 Van Buren Street, stated that she just received the notice of the public hearing late this afternoon so she did not have much time to contact residents in her area. She asked if it is anticipated that the speed limit on 73rd Avenue would be changed. Mr. Flora stated that there is no plan to change the speed limit. Ms. McKusick asked the time period £or completing this project. Mr. Flora stated that it would take about two months. He stated that the road would remain open, and the only inconvenience may be when the final mat of asphalt is placed. Ms. McKusick asked if there would be an increase in truck traffic. � Mr. Flora stated that with development in the Northco plat there probably will be some additional traffic, probably not more trucks, but more cars. Ms. McKusick stated that she hoped any landscaping removed to accommodate the improvement would be replaced. Mr. Flora stated that most of the area involved in the improvement does not have that much landscaping. iie stated that there will be some additional plantings along the Baker Street entrance and, with development in the Northco plat, additional landscaping will be required along 73rd Avenue. Mr. Dick Pearson, 7331 Jackson Street, felt that with the widening, it would make it more difficult to get onto 73rd Avenue from Jackson. He stated that he liked the idea of narrowing the intersection, but he is concerned that this may cause congestion to get out to 73rd. Mr. Flora stated that it is possible to install a four-way stop sign at the Jackson Street intersection. Mr. Wayne Prochniak, 7305 Van Buren Street, stated that he had a concern when Target was allowed to expand. He stated that the � residents were told they would not be able to see this development. He stated that there was very little landscaping done and with this improvement it would be removed. He felt that it was not a good � � � ��� FRIDLEY CITY COIINCIL MEETING OF MARCH 4, 1991 PAGE 8 idea to entice children to cross that street due to the heavy traffic and did not think the bikeway was a good idea as it would expose children to extremely fast drivers. Mr. Prochniak stated that his other concern is he has a very difficult time getting onto 73rd Avenue. He stated that there are no controls and traffic is very fast. He stated that the intersection at Jackson Street has cars all trying to go in four different directions. He stated that it would be nice to designate the left and right turn lanes. He felt that the traffic needed to be controlled and slowed down and turn lanes need to be provided to proceed into the intersection in an orderly fashion. Mr. Flora stated that Target has planted a number of evergreen trees. He stated that they are pretty small but we will have to deal with it for the time being. Mr. Prochniak stated that there was to be a wetlands reclamation at Baker Street. He £elt that he could do a better job and something should be done. Ms. Dacy, Community Development Director, stated that the Army Corps of Engineers required Target to recreate a wetlands. She stated that the Army Corps of Engineers and the U.S. Fish and Wildlife have developed specific slopes and require certain types of grasses to be planted to re-create the wetlands habitat. She stated that a number of trees were removed, and Target planted evergreens in excess of the typical standards. She stated that while it is not as dense as it was previously, Target had to comply with City standards as well as the wetland requirements. She stated that they are trying to add more landscaping at the entrance but do not want to adversely affect the vision safety zones. She stated that they are looking at the Jackson Street entrance to add additional plantings. She stated that those businesses locating in the Northco plat will also have to submit landscaping plans. Mr. Prochniak stated that Governor Carlson's budget balancing proposal was discussed and if passed, the business base will go down and homeowners will bear the brunt. He stated that the City is making improvements essentially for the business base that is to the detriment of the homeowners. He stated that in all likelihood the Governor's proposal will pass in some version or another and it seems the City should look at preserving the homeowners' tax base. MOTION by Councilman Billings to receive letters from Robert Larsen Partners and Northco Fridley Associates Limited Partnership in regard to this improvement. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. No other persons in the audience spoke regarding this proposed improvement of 73rd Avenue. 1p� FRIDLEY CITY COUN IL MEETING OF MARCH 4 1991 PAGE 9 � MoTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:5D p.m. OLD BUSINESS• 2. APPROVAL OF AGREEMENTS FOR REFERENDUM RETURNS TO INDEPENDENT SCHOOL DISTRICT NOS 11 13 14 AND 16 (TABLED 1/7/91i: Mr. Pribyl, Finance Director, stated that the HRA has agreed to return the full amount of the tax increments associated with the school district levy referendums that will be payable in 1991. He stated that the agreements would accomplish what the HRA has intended. Councilman Billinqs stated he understands that the State statute providas that the Council needs to execute the agreements, however, it is the HRA funds that are involved. MOTION by Councilman Billings to approve the agreements with School Districts No. 11, 13, 14, and 16 for referendum returns and direct the appropriate City officials to execute the documents. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, � Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 3. FIRST READING OF AN ORDINANCE RECODIFYING SECTION 113 OF THE FRIDLEY CITY CODE ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" BY ADDING SECTIONS 113.D1.03. 113.01.04, AND 113.01.17 AND RENUMBERING CONSECUTIVELY. AND AMENDING SECTION 113.07 AND AMENDING SECTION 11 OF THE FRIDLEY CITY CODE ENTITLED "GENERAL PROVISIONS AND FEES" BY AMENDING YARD WASTE TRANSFER SITE GATE FEE: Ms. Dacy, Community Development Director, stated that this amendment to the ordinance concerns changes on what materials could be composted. She stated that the ordinance now defines only tree leaves and grass clippings, but the amendment would include fruit or vegetable waste, egg shells, and coffee grounds. She stated that the amendment would also provide standards of how compost areas are to be constructed and maintained. Ms. Dacy stated that the amendment also proposes changes in the yard waste transfer site fee to $2.00 per car and $3.5o per truck or trailer. She stated that cars would be allowed return trips up to ten bags in one day with a dated receipt, but trucks would have to pay an additional fee for any return trips. � f l:L 1 ' FRIDLEY CITY COUNCIL MEETING OF MARCH 4. 1991 PAGE 10 Councilman Billings also include stems hedges or bushes. asked if materials acceptable for composting from flowers and small twigs from trimming Ms. Dacy stated that the yard waste definition was changed to account for what could be transferred from the City's site to the compost site in Bunker Hills. Councilman Billings stated that the University of Minnesota and other organizations promoting composting refer to a layer of soil or dirt or adding a small amount of fertilizer. He stated he noticed that this is not mentioned but asked if it is permissible. Ms. Dacy stated that it is permissible because that addition would not cause any adverse impact. She stated that they are trying to outline items which they feel would cause a problem with the compost. Councilman Billings felt that staff should determine if this ordinance should include any language in regard to fertilizer as it is not now listed as something a compost area might contain. He stated that on Earth Day there was a presentation given at the Nature Center and perhaps those persons could be asked to review the ordinance as to what is acceptable composting. Councilwoman Jorgenson stated that if fertilizer is added, it does have to be turned to allow composting of the materials. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 20, 1991: A. SPECIAL USE PERMIT, SP #91-02. BY VANCE AND MARY NELSON, TO ALLOW THE CONSTRUCTION OF A GARAGE AND ADDITIONAL LIVING AREA IN THE CRP-2 (FLOOD FRINGEI DISTRICT, ON LOTS 18-21, BLOCK Y. RIVERVIEW HEIGHTS ADDITION. THE SAME BEING 600 BUFFALO STREET N.E. Ms. Dacy, Community Development Director, stated that this special use permit is requested to allow the addition of an attached garage and additional living area in the Flood Fringe District. She stated that the Department of Natural Resources reviewed the proposed floor plan, and the living area will be above the 100 year flood elevation of 823 feet; however, the storage, garage, and shop area will be below the flood elevation. � Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with four stipulations, which she �� f�; FRIDLEY CITY COIINCIL MEETING OF MARCH 4, 1991 PAGE 11 outlined. It was noted that the stipulations require the petitioner to sign and record against the property an agreement that holds the City harmless for any equipment lost £rom the shop area or the shop area itself and that the shop area and garage area shall not be converted to habitable living area. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #91-02, with the following stipulations: (1) The addition shall be flood- proofed in accordance with the requirements of the buildinq code; (2) An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the 100 year flood elevation; (3) The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment or materials lost from the addition; and (4) The petitioner shall sign and record against the property an agreement which states that the shop area shall not be converted to habitahle living area. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. SPECIAL USE PERMIT._SP #91-03, BY STEVE WEISENBERGBR FOR ABRA, TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EpUIPMENT ON LOT � 4. BLOCK 2. EAST RANCH ESTATES SECOND ADDITION. GENERALLY LACATED AT 7710 UNIVERSITY AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request to amend ABRA's original special use permit that prohibits the outdoor storage of vehicles. She stated that the petitioner is proposing to construct a fenced in area to the rear of the building for this purpose. � Ms. Dacy stated that the Planning Commission recommended approval of the special use permit subject to four stipulations, which she outlined. Councilman Billings asked, in regard to Stipulation No. 4, i£ it was necessary to specify the length of time the City shall hold the bond. Ms. Dacy stated that the typical City policy is to hold the bond until the improvements are completed. Councilwoman Jorgenson asked what has changed since the original special use permit was issued in 1987 to require outdoor storage. Mr. .7im Benson, representing ABRA, stated that when this building was constructed in 1987 it was designed to handle all the business inside the buildinq. He stated over the years the business has grown, and ABRA is unable to store all vehicles inside the ��vi FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1991 PAGE 12 � building. He stated that in order to solve the problem a screened area is proposed in the back to store vehicles. Councilwoman Sorgenson asked how long ABRA anticipated a vehicle would be in the storage area. Mr. Benson stated that ABRA normally schedules and completes the work on the same day. He stated that the delay may happen when parts sometimes are not available. He stated that the longest a vehicle has stayed on the property is for two weeks. Councilwoman Jorgenson asked if it was anticipated that this storage area would need to be expanded in several years. Mr. Benson stated that ABRA's long-range business plan is not to expand the building but to construct other ABRA faoilities. He stated that other facilities have recently been constructed in Coon Rapids and Maplewood. MOTION by Councilman Billings to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #91-03, with the following stipulations: (1) The expanded parking area shall be paved and lined with cur}�ing; (2) A six foot high screening fence shall be constructed to enclose the storage area; (3) Stipulation No. 9 from SP #87-11 to enclose the dumpster shall � be completed; and (4) A performance bond in the amount of 10 percent of the construction costs of the outdoor improvements shall be issued to the City. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated that there is a letter to Steve Weisenberg, Manager of ABRA, da�ed November 19, 1990 which refers to the date of July 6, 1990 as when the Council issued SP #$7-11 and asked that this date by corrected to July 6, 1987. C. RESOLUTION NO. 26-1991 APPROVING A SUBDIVISION. LOT SPLIT, L.S. #91-01. TO SPLIT OFF THAT PART OF LOT 6, BLOCK 5, PEARSON'S CRAIGWAY ESTATES. 2ND ADDITION. ANOKA COUNTY, MINNESOTA, WHICH LIES SOUTHEASTERLY OF A LINE 3.5 FEET NORTHWESTERLY OF AND PARALLEL WITH THE SOUTHEAST LINE OF SAID LOT 6, AND COMBINE IT WITH IAT 7, GENERALLY LOCATED AT 7836 AND 7830 ALDEN WAY N..E: MOTION by Councilman Fitzpatrick to adopt Resolution No. 26-1991, with the stipulation that the portion to be split shall be combined with Lot 7 and expressed on one tax statement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of February 20, 1991. Seconded by ���� FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1991 PAGE 13 � Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF FEBRUARY 5. 1991: A. VARIANCE REOUEST. VAR #91-02, BY VANCE AND MARY NELSON, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 14.5 FEET FOR AN EXISTING CONDITION, AND TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 21 FEET TO ALLOW THE CONSTRUCTION OF A GARAGE AND ADDITIONAL LIVING SPACE ON LOTS 18-21. BLOCK Y, RIVERVIEW HEIGHTS ADDITION, THE SAME BEING 600 BUFFALO STREET. N.E.: Ms. Dacy, Community Development Director, stated that this is a request for variances to reduce the required front yard setback from 35 to 14.5 feet for an existing condition and from 35 to 21 feet for a proposed two-story addition. She stated that it is staff's recommendation that the variance for the existing condition be approved, but to deny the variance for the proposed addition. Ms. Daay stated that the Appeals Commission recommended approval of both variance requests. MOTION by Councilman Fitzpatrick to grant Variance, VAR #91-02, to reduce the front yard setback from 35 to 14.5 feet for an existing � condition and to reduce the front yard setback from 35 to 21 feet to allow construction of a garage and additional living space. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 6. VARIANCE REQUEST, VAR #90-32, BY FIRST WESTERN DEVELOPMENT CORPORATION (TABLED 2/25/911: Ms. Dacy, Community Development Director, stated that she has not heard from First Western Development Corporation regarding changes to the proposed site plan and recommended the Council postpone action on the variances until March 25, 1991. MOTION by Councilwoman Jorgenson to table this item to March 25, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. APPROVAL OF AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND FRIDLEY FOR PROVISION OF HEPATITIS B VACCINE: Mr. Hunt, Assistant to the City Manager, stated that recently OSHA required cities and other employers to assess the risk to their employees on the contraction of Hepatitis B. He stated that for those employees judged to be at risk, the City is required to offer them vaccine at City expense. He stated that in reviewing the ' costs it would be over $200 for each person. ��� FRIDLEY CITY COUNCIL MEETING OF MARCH 4. 1991 PAGE 14 � Mr. Hunt stated that last December the City of Bloomington offered the services of their Health Department to conduct the immunizations. He stated that they buy the vaccine Prom the Federal government and take care of the immunizations at various clinics throughout the metropolitan area. He stated that the cost would be $140 per person. He stated that in order for them to administer the vaccine the City of Bloomington wants a contract to hold them harmless. He stated that he would recommend the Council approve the agreement for these immunizations. MOTION by Councilwoman Jorgenson to authorize the City to enter into this agreement with the City of Bloomington for administering Aepatitis B immunizations. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 27-1991 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST 1991 - 10 (SEALCOATI: MOTION by Councilwoman Jorgenson to adopt Resolution No. 27-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 28-1991 ORDERING IMPROVEMENT. APPROVAL OF PLANS � AND ORDERING ADVERTISEMENT FOR BIDS: SANITARY SEWER REPAIR PROJECT NO. 221 (HACKMANN AVENUEI: MOTION by Councilman Schneider to adopt Resolution No. 28-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 29-1991 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FUND AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE CAPITAL IMPROVEMENT FUND, STREET DIVISION TO THE 1990 STREET FUND: MOTION by Councilwoman Jorgenson to adopt Resolution No. 29-1991. Seconded by Councilman Billings. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION N0. 30-1991 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FUND AND AIITHORIZING THE TRANSFER OF FUNDS FROM THE CAPITAL IMPROVEMENT FUND, PARK DIVISION TO THE 1990 STREET FUND: MOTION by Councilman Schneider to adopt Resolution No. 30-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ���� FRIDLEY CITY COUNCIL MEETING OF MARCH 4. 1991 PAGE 15 � 12. APPROVAL OF AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEY AND HERRICK & NEWMAN LAW FIRM FOR CITY ATTORNEY SERVICES' MOTION by Councilman Fitzpatrick to authorize the City to enter into this agreement with Herrick & Newman for City Attorney services. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. INFORMAL STATUS REPORTS: There were no informal status reports; however, Mayor Nee announced that the State Finance Division is holding a hearing regarding legislation pertaining to education at the Fridley Hiqh School auditorium at 7:30 p.m. on March 7 for anyone who may be interested. 14. CLAIMS: MoTION by Councilwoman Jorgenson to authorize payment of Claims No. 36499 through 36605. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 15. LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorqenson. Councilwoman Jorgenson asked about the organization, Citizens for a Better Environment. MOTION by Councilman Billings to table this until after the estimates. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Herrick & Newman 205 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Attorney for the Month of February, 1991. ......$2,816.40 � Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Y � f FRIDLEY CITY COUNCIL MEETING OF MARCH 4. 1441 PAGE 16 15. LICENSES• MOTION by Councilwoman Jorgenson to remove the licenses from the table. Seoonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Pribyl, Finance Director, stated that the organization, Citizens for a Better Environment, solicits funds for improving the environment. He stated that this license was reviewed by the Public Safety Director and recommended for approval. Councilwoman Jorgenson asked if they were a non-profit charitable organization. Mr. Pribyl stated that they have provided a copy of their Articles of Incorporation and were a non-profit organization. UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION FOR APPROVAL OF THE LICENSES, all voted aye, and Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee � declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 4, 1991 adjourned at 9:29 p.m. Respectfully submitted, � Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor