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07/22/1991 - 00006123' � 1 THE MINUTES OF TH� REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF 3IILY 22, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Councilmembers and audience in the Pledqe of Allegiance. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, JULY 1, 1991: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all 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: MS. MARY VASECKA, 6909 HICKORY DRIVE - RE: LOCKE LAKE: Ms. Vasecka stated that she understood the preliminary report has been submitted regarding Locke Lake. She also requested the use of City equipment for mowing. Mr. Flora, Public Works Director, stated that he understands there is a preliminary plan; however, it has not been distributed. He stated that he has heard this report will be submitted to the Rice Creek Watershed District at their next meeting, and once it is received it will be distributed. He stated that as far as the mowing, he would check into this further. Ms. Vasecka stated that if there is anything the property owners should be doing to let them know. �° t� I�1� FRIDLEY CITY COIINCIL MEETING OF JULY 22, 1991 PAGE 2 � PUBLIC HEARINGS: 1. PUBLIC HEARING ON A VACATION, SAV #91-D1, BY EUGENE AND JEAN HAGBERG, TO VACATE THE 12 FOOT ALLEY IN BLOCK 23, HYDE PARK. FOR A DISTANCE OF APPROXIMATELY 243 FEET SOUTH OF THE SOUTH LINE OF 59TH AVENUE. GENERALLY LOCATED NORTH OF 58TH AVENUE, SOUTH OF 59TH AVENUE. EAST OF 2ND STREET, AND WEST OF 2-1/2 STREET: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open 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 opened at 7:39 p.m. Ms. Dacy, Community Development Director, stated that this is a request to vacate the north 243 feet of a 12 foot alley located north of 58th Avenue, south o£ 59th Avenue, east of 2nd Street and west of 2-1/2 Street. She stated that the vacation is requested by the property owners as they have experienced a lot of nuisances such as parking and illegal dumping in the alley. Ms. Dacy stated that the purpose of an alley is to provide access for vehicles, utilities, and emergency vehicles. She stated that � all the properties in this block, except for Mr. Measner's property, have access to abutting streets. She stated that a utility easement could be retained, and that the Police and Fire Departments did not need access from the alley for emergency purposes. She stated that the main issue is vehicular access. � Ms. Dacy stated that the main purpose for vacating the alley is for the alley to be under the ownership of adjacent property owners and to eliminate the nuisances they have been experiencing. She stated that in Mr. Measner's case there would not be l00 percent guaranteed access. Ms. Dacy stated that the Planning Commission explored two options. She stated that one option was to determine if Mr. Measner could obtain a permanent easement from the property owners at 5851 2nd Street or 584b 2-1/2 Street. She stated that the property owners were not in favor of this option. Ms. Dacy stated that another option was the creation of a driveway from 2-1/2 Street to Mr. Measner's home. Ms. Dacy stated that when 2-1/2 Street was improved a curb cut was not allowed for this property. She stated that she understands it is not possible to build a tuck-under garage, and that the only possibility for construction of a garage is to the rear of Mr. Measner's home. n, iv �, FRIDLEY CITY COUNCIL MEETING OF JULY 22. 1991 PAGE 3 ' Ms. Dacy stated the Assessor's Office has noted that the progerty would decline in value if the alley is vacated, as it removes an option for access to Mr. Measner's property. Ms. Dacy stated that the Planning Commission recommended denial of this vacation request. Councilman Billings asked how Mr. Measner now accesses his property. Mr. Measner stated that he drives through the alley both from the north and from the south. Councilman Billings asked if the north portion of the alley were vacated, how would this impact Mr. Measner's a�ility to get in and out of his back yard. Mr. Measner stated that there is not enough turning width without pulling onto the north half of the alley. Councilman Billings asked if only the north 213 feet, instead of the north 243 feet, were vacated if this would give Mr. Measner the extra space he needed. 1 Mr. Measner stated that he would then only have access from the south. Councilman Billings stated that he drove through the alley and that it is not very open from the south. He stated that to exit to the north he had to drive through �ree branches. He stated that it looked like the ruts were almost non-existent on the north end of the alley. Mr. Measner stated that he is trying to keep the access to the north at a minimum because the property owners do not like it. Councilman Billings asked Mr. Measner if he was primarily using the south portion of the alley for access. Mr. Measner answered in the affirmative. Ms. Jean Hagberg, 5881 2nd Street, stated that it seems this vacation is based on whether Mr. Measner is going to have access to his property if he cannot park his vehicle in the front of his home. She stated that it seems the only way he is guaranteed access is if the City maintains the alley, as there is no way a snowplow can get in the alley in the winter. Ms. Hagberg stated that if the owner of the apartment building constructs a fence there is no way Mr. Measner can get in and out ' of his property. She stated that the only other access is to allow him to park in his front yard. t� � , : _r FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1991 PAGE 4 � Councilman Billings asked if the City plows alleys in the City. Mr. Flora stated that only if the alley is surfaced. He stated that the City only has about nine miles of surfaced alleys, and those were installed due to petitions from the property owners. Councilman Billings stated that the question is if the City can require Mr. Measner to park in the front yard, if a curb cut is provided, and if access is taken in the back, is the City liable. Mr. Gregq Herrick, representing the City Attorney's Office, stated that if the City restricts the ability of the property owner to utilize the back yard, it will reduce the value of the property so an argument could be made on Mr. Measner's behalf that the Council's action has affected his property value. He stated that he understands the only location for a garage is in the back yard, and i£ access is not allowed to the area it would prohibit Mr. Measner from constructing a garage. Ms. Dacy stated that the issue is Mr. Measner's ability to access a garage if one was constructed. Ms. Hagberg stated that in order for Mr. Measner to access his property he has to back onto part of the property on which the � apartment building is located. She stated that there isn't room to construct a garage in the back and be able to get in and out. Mayor Nee asked the width of the lot, and Mr. Measner stated it was 40 feet. Councilman Billings stated that if the north half of the alley were vacated, and Mr. Measner used the south portion for access, it would mean the property owners to the south could never vacate the south half of the alley. Ms. Hagberg stated that she talked to the owners of the apartments, and it was stated that they would not request a vacation because they would not have a place to stack their snow. Councilman Fitzpatrick asked if Mr. Measner was using the south portion of the alley for access in the winter. Mr. Measner stated that he just moved to his home in February. Ms. Cheryl Williamette, 6004 2-1/2 Street, stated that she was the previous owner of Mr. Measner's home. She stated that in the winter they shoveled and then used the south half of the alley for access. She stated that the alley has overgrown a lot since she lived there and felt that to improve the alley would be best for ' everyone. She stated that the alley was really all the access they had to the property. Ms. Williamette stated that a curb cut was not allowed when the street was improved because they actually had �, �� > FRIDL&Y CITY COUNCIL MEETING OF JULY 22 1991 PAGE 5 � to provide access to a qarage, and also that parking in the yard was not allowed. Mr. Reider, 5875 2nd Street, stated that he has a legal concern about someone getting hurt in the alley and who would be liableo He stated that he did not want to be held accountable for a"paper" alley. He stated that the property owners wished to stop the traffic in the alley and have some privacy. He stated that he has lived in his home for three years, and the alley is not maintained by anyone. Mr. Reider felt that if the apartment owners wanted to vacate the south end they would have attended these meetings on the vacation request. He stated that he felt the six property owners to the north would not be in favor of improvements because they did not want to pay higher taxes. Mr. Reider stated that if Mr. Measner was provided with off-street parking and access from the south half of the alley he would have two accesses. He stated that vacation of the north half of the alley would make him responsible for this property, and he could fence it or leave it open in order to make it safe. Councilman Billings stated that the entire alley could not be vacated because it denies Mr. Measner access to his backyard, and the only other choice is to improve the alley and assess those � costs to the property owners. Councilman Schneider asked what prompted the property owners to request the vacation of this alley. Mr. Reider stated that the alley was not being used by any drive through traffic, but teenagers are using the alley and disposing of their trash. He stated that the only way to alleviate some of the problems is to vacate the alley. Ms. Judy Konsela, 5828 2-1/2 Street, stated that she has lived here for eight years, and there has always been traffic in the alley. 5he stated that if Mr. Measner is allowed to park in his front yard, it would block her view in the front of her home and decrease the value of her property. She stated that there is vehicular tra££ic, motor bikes, bikes, and pedestrians using the alley. Ms. Becky Street, 5825 2nd Street, she stated that there are woods behind her home and a lot of partying. She stated that there is apartment traffic through her yard, and when the snow was plowed at the apartment building it was plowed into her yard, causing her to lose several trees. She stated that her concern is where the snow would be placed if the alley is vacated. She stated that the major problem seems to be the disturbances and felt these will be shifted from the north to the south if the north half of the alley ' is vacated. She stated that if the alley is improved she would be assessed and, as a single homeowner, she could not afford this expense. �, _" „ FRIDLSY CITY COUNCIL MEETING OF JULY 22, 1991 PAGE 6 � Ms. Eileen Reider, 5875 2nd Street, stated that she had been cleaning the alley but has not done so the last several weeks. She invited the Councilmembers to come and look at the alley. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:27 p.m. 2. PUBLIC HEARING ON AN ORDIN�INCE AMENDING SECTION 2.05 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Billings to waive the reading of the public hearing notice and open 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 opened at 8:30 p.m. Mr. Aunt, Assistant to the City Manager, stated that the Charter Commission is proposing an amendment to Chapter 2.05 of the City Charter relating to the manner in which vacancies on the Council that occur between elections are filled. He stated that, basically, the amendment divides vacancies into two classes; those which occur within the first three years of a term and those which , occur in the fourth year of a term. He stated that there is another division regarding one, two, or three simultaneous vacanaies and four or more simultaneous vacancies. Mr. Hunt stated that there is a problem with the present wording of the Charter. It states that if there are four or more vacancies the remaining members shall, by unanimous vote, raise the Council up to four. He stated that there is some question on whether that is possible if there were four simultaneous vacancies because at most there would only be one remaining member, not members. Mr. Hunt stated that since this language was written, the terms of office of the Council have changed from three to four years. He stated the Charter Commission is proposing that if there is a vacancy in the first three years of a term, the remaining members o£ the Council would call a special election. He stated that if a vacancy occurred in the fourth year of the term, the Council would have the option of appointment. He stated that if the vacancy is within 45 days of a General Election, then the Council oould exercise only the option of appointment. Mr. Hunt stated that the purpose is to give the Council more flexibility in a year in which an election occurs. Fie stated that if there are four or more vacancies, the City Manager would call for an election and fill all terms. ' Mr. Backlund, Chairman of the Charter Commission, stated that this proposed amendment has been discussed at length at the Charter Commission meetings in order to make provisions for the worst �.�� L_J FRIDLEY CITY COONCIL MEETING OF JOLY 22, 1991 PAGE 7 possible scenario. He stated that Mr. Ed Hamernik, who is the past Chairman of the Charter Commission, was more instrumental in working on these amendments. Councilman Schneider stated that this area has certainly needed some work. He questioned why there was an option for appointment in the fourth year rather than a special election. Mr. Hamernik stated that the appointment option leaves the Council with some flexibility. He stated that when a vacancy occurs in the first three years of a term it was felt there should be a special election because the public would be better served. He stated that the option for appointment was left to the Council for a vacancy occurring in the fourth year of a term. He stated that if the Council wished to have a special election this could be done, but the individual that is elected or appointed would serve less than a year. Councilman Schneider stated he agrees with this argument that the public is served better by an elected official but wondered why this was not true in the fourth year. Mr. Hamernik stated that if a vacancy occurred in the fourth year of a term there would be an eleotion for that office in November, � and the time period would not be that great from when an appointment was made until the election. He stated that it was left to the Council's discretion if they wanted to appoint a person or call an election. � Councilman Schneider felt that an appointed position does not serve the public as well and questioned whether there may be an incumbency advantage. Mr. Backlund stated that the overriding decision on why the appointment option was considered was the cost for holding a special election when one would be held that same year. Councilman Schneider stated that he felt the cost of the election seemed a minor impact when considerinq appoint versus elected officials. Ms. Pat Faner, representinq the League of Women Voters, stated that some correspondence was sent to Mr. Hunt regarding this issue. She stated that the proposed amendments make no provision of the possibility of vacancies of two or three Councilmembers. She stated that the present Charter does address this issue. She stated that, as it stands, two or three members could appoint two councilmembers if the vacancy were to occur after January 1 of the fourth year of the term. Ms. Faner stated that it is suggested to avoid this problem that an additional paragraph be added to read as follows: "If the f; ,, FRIDLEY CITY COUNCIL MEETING pF JULY 22, 1991 PAGE 8 � membership of the City Council is reduced to less than four members, but more than one, the Council shall call a special election after the manner provided in Section 2.05." Ms. Faner stated that the Leaque also had a question about a vacancy occurring within 45 days of the General Election. She stated that if such a vacancy occurs after the filing period has closed there would have been no filing by interested candidates. She questioned if the appointed councilmember would obtain the position for the full four-year term. She stated that someone could be appointed for the balance of the short term, which would be something less than one year to fill out the current vacancy, and then on January 1 of the following year, a new four year term would begin. She stated that the League was concerned about artificial creation of a vacancy. Ms. Faner stated that regarding the filing period for a special election de£ined in Section 2.05, the League felt this should be ten consecutive days rather than five days in order to allow adequate publication time. She stated that the following wording is suggested: '�The Council shall designate a period of ten consecutive days after the thirty day period following declaration of the vacancy for the purpose of filing nomination petitions in accordance with Section 4.06." � Mr. Hunt stated there is nothing that restricts the Council from designating a longer period for filing. Councilman Schneider asked if it would be a problem to change this wording to ten days, rather than five days. Mr. Hamernik stated that rie did not have any problem if the Council wished to make this change. Mr. Betzold, a member of the Charter Commission, stated that he initiated the discussion with the Charter Commission and felt the plan authored by Ed Hamernik was very good. He stated that he was not present when the vote was taken on this proposed amendment and, as he reviews the needs, he felt there was still more work that needed to be done. Mr. Betzold stated that whenever there is a vacancy on the Council, and when it happens unexpectedly, there are a lot of competing interests. He felt that the Council should act as quickly as possible to fill the vacancy. He stated the original Charter provided that the Council could appoint someone to fill that vacancy until the next election. He stated that in 1978, the Charter was changed, and if there was a vacancy, it must be filled by a special election between 45 and 6D days. He stated that if � there is a vacancy in the first year of a term and numerous people file for the office, the winner could be someone with only 30 percent of the vote serving for almost four years. He felt that �:' . �� FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1991 PAGE 9 primaries should be held which goes back to the question if the Council should make appointments. Mr. Betzold stated that there probably should be certain situations where an interim appointment could be made if that person was not interested in running for office. He felt that this was an issue that needed to be debated. Mr. Betzold stated that a vacancy in the second year raises some issues. He stated that the present Charter requires an election in 45 to 60 days, and it would seem to make sense to try and have the special election with the regular election rather than be tied into some 45 to 60 day period. Mr. Betzold stated that a vacancy in the fourth year is dealt with in the amendment and felt there should be debate on what should be done. He stated that the term is coming to an end and only a few months are le£t, but he questioned i£ it would be discouraging to the candidate to campaign when the election is only several months away. He stated that there should probably be a process to deal with this issue. Mr. Betzold stated that the present Charter states the President Pro Tem acts as the Mayor in his absence but does not address the , issue if the office is actually vacant. He stated that both Blaine and Spring Lake Park experienced some problems in this area. He felt that the President Pro Tem covers temporary absences but did not address the issue if the office is vacant. Mayor Nee stated that this proposed amendment was approved by all Charter Commission members that were present when the vote was taken. He questioned if it would be better to take another look at the amendment. Mr. Backlund felt that it was not wise to take action if something needed to be reworked. He stated that Mr. Betzold has expressed some concerns, as well as Ms. Faner of the League of Women Voters. He stated that he had no objection to discussing these issues. Councilwoman Jorgenson stated that she wished to thank the Charter Commission members for all their work, but felt there were some concerns that were raised that should be addressed. Councilman Billings stated that any time the membership of the Council is reduced to less than two members, the City Manager would call the special election. He questioned why the City Manager would call for the election if there was even one member left on the Council. He asked who makes policy decisions for the City during the sixty day period and, if only one person remained on the , Council, if this person could make legal decisions. �� ., � � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1991 PAGE 10 � Mr. Backlund stated that he did not believe one person could make these decisions. He stated that he would suspect the City Manager would carry on the normal affairs of the City short of making a policy change. Councilman Billings stated that the current Charter specifies that if the membership of the Council falls below four, the Council shall appoint up to four members. He stated that the current wording is certainly in need of change and appreciated what the Charter Commission was undertaking. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:12 p.m. 3. PUBLIC HEARING ON AN ORDINANCE AMENDING SECTION 2.03.07 OF THE BRIDLEY CITY CHARTER: MOTION by Councilman Schneider to waive the reading of the public hearing notiae and open the public hearing. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:13 p.m. � Mr. Hunt, Assistant to the City Manager, stated that the original Charter adopted in 1957 provided that if there was a disparity in the wards they should be redistricted as equally as possible by population and area. He stated that in 1983 the Charter was amended to require that the wards vary by no more than one percent. Mr. Hunt stated that the State and, to some extent, Federal law seem to have two issues when dealing with redistricting; the one person, one vote rule, and the fact that the voting districts should be fairly easily to discern. He stated that in 1982 the Council redistricted the area according to the 1980 census. He stated that at that time, the City's population was 30,214, or an average population of 10,071 per ward. He stated that the greatest deviation was .17 percent. Mr. Hunt stated that the Charter Commission voted to expand the variation in the wards from a one to three percent deviation. He stated that the idea is to still preserve very close the one person, one vote ideal, but allow for greater flexibility in the leqislative district lines or other boundaries. He stated that the most recent census shows a population for Fridley of 28,335 which would mean an average ward population of 9,445. Mr. Hunt then reviewed the maximum possible differences between wards with a one, two, and three percent deviation. � Councilman Billinqs stated he believed that due to the construction of Springbrook Apartments, the maximum deviation is approximately f u + (} ----------- - FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1991 PAGE 11 , 488 persons more than the median averaqe of the three wards. He stated that the three percent deviation may allow the figures to be close to what exists now. Mayor Nee stated that the question is how much flexibility was needed and to determine the percentage of deviation. Mr. Backlund stated that this proposed amendment did not receive a unanimous vote by the Charter Commission but passed significantly. He stated that the negative reaation by the Commission was that this change is being made without really knowing the numbers. He stated it was also felt that there is the one percent guideline now existing in the Charter. Ms. Pat Faner, representing the League of Women Voters, stated that it was found the State allowed a deviation of two percent. She stated that in reviewing the population figure of 28, 335 or an average of 9,445 per ward, a three percent deviation could run as high as 564 persons from one ward to another. She stated that the League felt this was unnecessarily large if the concept of equal representation wanted to be maintained. She stated that the League would recommend a two percent deviation. Mr. Backlund stated that during the Charter Commission's � discussion, it was noted that the State law requires a five percent deviation between Legislative districts, and the Charter Commission felt this was too loose. Councilman Billings stated that he attended a conference today regarding redistricting, that many of the rules are not clear at this point, and the State law apparently has contradictory provisions. He stated that the issue is further complicated by the Governor's veto of the redistrioting bill. Councilman Billings stated that another issue brought out at the conference was that the State is working on new computer software, and this software will work best if all precincts and wards follow the census tract blocks. He felt that the Council should probably take this in£ormation into consideration. Mr. Betzold, a member of the Charter Commission, stated that another issue facing the City was the requirement that polling places had to be physically in the district. He stated that there is a new law on the books stating a polling place can be 3,000 feet out of the precinct. He stated that the census is not a precise number. He stated that these figures will also be several years old before they are implemented. He stated that he would opt for understandable boundaries rather than a mathematical survey. He stated that he would like equal representation as much as possible. � l � �, �. � � 1 FRIDLEY CITY COUNCIL MEETING OF JULY 22. 1991 PAGE 12 Councilman Billinqs stated that he understood the requirement to allow a polling place 3,000 feet out of a ward was vetoed so he does not know where it now stands. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:39 p.m. Mayor Nee thanked the members of the Charter Commission for their work on this proposed amendment. OLD BUSINESS: 4. ORDINANCE NO. 974. AN INTERIM ORDINANCE PLACING A MORATORILTM ON THE ISSUANCE OF SPECIAL USE PERMITS FOR AUTO BODY REPAIR BUSINESSES AND PROHIBITING THEIR LOCATION WITHIN THE CITY WHILE THE MORATORIUM IS IN EFFECT: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 974 and adopt it on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 5. RENEWAL OF ANIMAL CONTROL CONTRACT WITH SKYLINE VETERINARY HOSPITAL: MOTION by Councilman Billings to authorize renewal of the animal control contact with Skyline Veterinary Hospital from August 1, 1991 through July 31, 1992 and request the appropriate City officials sign the contract. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 26, 1991• A. SET PUBLIC HEARING FOR AUGUST 12. 1991, ON A REOUEST FOR A VACATION, SAV #91-03, BY WILLIAM PICKERING. TO VACATE THE SOUTHERLY 20 FEET OF THE NORTHERLY 40 FEET OF A DRAINAGE AND UTILITY EASEMENT LOCATED IN IAT 11. BLOCK 2, INNSBRUCK NORTH, GENERALLY LOCATED AT 1467 NORTH INNSBRUCK DRIVE N.E.: MOTION by Councilman Schneider to set the public hearing on this vacation request for August 12, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. .� ,i�, FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1991 PAGE 13 � B. RESOLUTION NO. 55-1991 AUTHORIZING AGREEMENTS BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1991 FEDERAL COMMiJNITY DEVELOPMENT BLOCK GRANT FUNDS FOR HUMAN SERVICES ORGANIZATIONS: Mr. Barg, Planning Assistant, stated that the Human Resources Commission reviewed the requests for the Community Development Block Grant Funds. He stated that thirteen applications were received, and the Commission recommended fundinq which totaled $38,835. Mr. Barg stated that the Planning Commission reviewed the recommendations of the Human Resources Commission and did not make any changes. He stated that the application from the North Suburban Consumer Advocates for the Handicapped for $1,000 was recommended for approval contingent upon the execution of a contract between this organization and the Fridley School District setting forth the terms for provision of these services. He stated that the City has received a copy of an agreement to this effect which has been signed by both parties. Mr. Barg stated that it is requested the Council consider adopting this resolution in order that agreements may be entered into with the agencies receiving funding. � Ms. Sue Jackson, Viae-Chairman of the Human Resources Commission, stated that all agencies applying for this funding had to meet the requirements of the Federal Disability Act. She stated that there are some new agencies and programs which have not been funded in the past. She stated that the goal is to get programs off the ground rather than to be their sole support. Councilman Billings referred to the $1,347 to the Fridley School District for the summer adventure program and asked if this was the same program the City's Recreation Department was funding. Mr. Burns, City Manager, stated that it is not the same program as the program sponsored by the City. Ms. Jackson stated this program is an enrichment program that addresses the needs of students and children. She stated that the funds will be used to pay the fees for the classes if there are students who aannot afford this program such as those from lower income families. She stated that certified teachers and specialists are involved with the program. MOTION by Councilman Fitzpatrick to adopt Resolution No. 55-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of June 26, 1991. Seconded by �," , �, FRIDLEY CZTY COUNCIL MEETING OF JULY 22. 1991 PAGE 14 � Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 10. 1991• A. SPECIAL U5E PERMIT, SP #91-08, BY LEWIS AND VELMA FARR. TO ALLOW A THIRD ACCESSORY BUILDING, OVER 240 SOUARE FEET, ON LOT 10. BLOCK 1, RIVER EDGE ADDITION, GENERALLY LOCATED AT 157 RIVER EDGE WAY N.E.: Ms. Daay, Community Development Director, stated that this is a request for a special use permit to allow a third accessory building over 240 square feet at 157 River Edge Way. She stated that located on the site is the petitioner's single family home and an attached one car garage. She stated that in 1984 a special use permit was granted for a second accessory structure. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit by a 4 to 1 vote with two stipulations, which she outlined. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #91-08, � with the following stipulations: (1) variance request, VAR #91-18, shall be approved; and (2) the structure be located within two feet of the location shown on the plan. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of July lo, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF JUNE 25, 1991• A. VARIANCE REQUEST, VAR #91-16. BY TAMARA AND CHARLES THOMES. TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 6 FEET, TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOT 14. BLOCK 1. AMBER OAKS, GENERALLY LOCATED AT 5985 MCKINLEY STREET N.E.: Ms. Dacy, Community Development Director, stated that the petitioner is requesting a variance to reduce the side yard setback from 10 to 6 feet to expand the living area above his garage. She stated that staff recommended denial; however, the Appeals Commission recommended approval of the variance request. She stated that the Commission felt this was a unique situation since � the proposed addition was above the garage, there was still 11 feet of space between this structure, and the neighboring property to the west. _ {'° 3 � � �J � FRIDLEY CITY COUNCIL MEETING OF JULY 22. 1991 PAGE 15 Councilman Schneider was concerned if this was encroaching into the side yard and if there are code requirements for a fire wall. He wanted to make sure that the Building Department was aware of this encroachment. MOTION by Councilman Schneider to concur with the unanimous recommendation of the Appeals Commission and grant Variance Request, VAR #91-16. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REOUEST. VAR #91-17. BY SAMIR AWAIJANE, TO ELIMINATE THE REOUIREMENT FOR A SIX INCH CONCRETE CURB IN THE AUTOMOTIVE STORAGE AREA; TO REDUCE THE HARD SURFACE SETBACK FROM THE PUBLIC RIGHT-OF-WAY FROM 20 FEET TO 10 FEET, GENERALLY LOCATED AT 7570 HIGHWAY 65 N.E.: Ms. Dacy, Community Bevelopment Director, stated that Mr. Awaijane is not present at the meeting; therefore, the Council may wish to table this item. MOTION by Councilman Schneider to concur with the City staff's recommendation and deny both Variance Requests under VAR #91-17. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. VARIANCE REQUEST, VAR #91-18, BY LEWIS AND VELMA FARR. TO INCREASE THE TOTAL FLOOR AREA OF ALL ACCESSORY BUILDINGS FROM 1,400 SQUARE FEET TO 1,832 SOUARE FEET, TO ALLOW THE CONSTRUCTION OF ADDITIONAL GARAGE SPACE, ON LOT 10, BLOCK 1, RIVER EDGE ADDITION. GENERALLY LOCATED AT 157 RIVER EDGE WAY N.E.: MOTION by Councilman Fitzpatrick to grant Variance Request, VAR #91-18, with the following stipulations: (1) the proposed accessory structure shall not be attached to the dwelling unit unless it has frost footings; and (2) the petitioner shall provide a hard sur£ace driveway by August 1, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 56-1991 APPROVING A SUBDIVISION. LOT SPLIT. L. S. #84-13 , TO SPLIT OFF THE SOUTHERLY 36 FEET OF IAT 5. BLOCK 5, MELODY MANOR TO ALLOW A DOUBLE BUNGALOW TO BE SOLD INDIVIDUALLY, THE SAME BEING 7396-98 SYMPHONY STREET N.E.: Ms. Dacy, Community Development Director, stated that on January 7, 1985, the Council approved a lot split for this property to allow a zero lot line for a duplex/double bungalow at 7396-98 Symphony Street, with three stipulations. She stated that the petitioner at that time, Randy Anderson, did not follow through �',_: FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1991 PAGE 16 � with a survey and sold the property in its entirely to the current owner, Mark Akbari. Ms. Dacy stated that at the end of May, Mr. Akbari was attempting to convey one-half of this unit and property to another person; however, staff would not authorize the deed for recording since the stipulations of the lot split approval were not completed. Ms. Dacy stated that Mr. Akbari has submitted a certificate of survey and compliance with the lot split code requirements, and the legal descriptions match the lot split approved in 1985. She requested that Council consider this resolution to allow the lot split with the stipulation that a$750. 00 park fee be paid and submission to the City of a declaration of covenants for the property. Councilman Billings stated that six years have lapsed and wondered if another fee should be collected. Ms. Dacy stated that the vote in 1985 was unanimous, there were no questions or comments from the public, and the Planning Commission had recommended approval of the lot split. MOTION by Councilman Fitzpatrick to adopt Resolution No. 56-1991. ' Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. AUTHORIZATION TO TURN BACK 1987-1989 COMMUNITY DEVELOPMENT BLOCK GRANTS: MOTION by Councilwoman Jorgenson to authorize $11.69 in unused 1987-1989 Community Development Block Grant Funds to be turned back to Anoka County. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVAL OF CHANGE ORDER N0. 1 FOR STREET IMPROVEMENT PROJECT N0. ST. 1991 - 1& 2: Mr. Flora, Public Works Director, stated that on the 73rd Avenue street widening project there was some poor soil which had to be removed to provide a suitable base for the street. He stated that it is requested that Council approve this change order to cover these costs. MOTION by Councilman Billings to authorize Change Order No. 1, Street Improvement Project No. ST. 1491 - 1& 2, with W.B. Miller, Inc. in the amount of $6,904.00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion ' carried unanimously. #: .i �� ' � ' FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1491 PAGE 17 12. RESOLUTION NO. 57-1991 APPROVING AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY FIRE DEPARTMENT FOR THE YEAR 1991• Mr. Hunt, Assistant to the provides for a four perc change in the structure o previously, there have bee shift and one on the day change to two on the day stated that the purpose of talents of the firefighter day. City Manager, stated that this contract ent increase over 1990 and involves a f the Fire Department. He stated that n two full-time firefighters on the night shift. He stated that this would now shift and one on the night shift. He this change is to more fully utilize the s and provide greater coverage during the MOTION by Councilman Billings to adopt Resolution No. 57-1991. 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 58-1991 ENCOURAGING THE FRIDLEY HOUSING AND REDEVELOPMENT AiJTHORITY TO DECERTIFY PORTIONS OF TAX INCREMENT FINANCING DISTRICTS THAT ARE NOT NEEDED FOR FINANCING OF ECONOMIC DEVELOPMENT OR REDEVELOPMENT IMPROVEMENTS: Mr. Burns, City Manager, stated that the word "fund" was inadvertently omitted from the fourth paragraph, line three, and should be inserted before the word "publicly." MOTION by Councilman Billings to adopt Resolution No. 58-1991. 5econded by Councilwoman Jorgenson. Councilman Billings stated that the intent of this resolution is the result of discussions he had with Mr. Prairie several years ago. He stated to show that tax increment financing was working, portions of those districts that are not needed for financing economic development or redevelopment improvements should be decertified. He felt that the public's perception of tax increment financing was better if the districts can be decertified as soon as they are not needed. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 14. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 15. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claims No. 38357 through 38694. Seconded by Councilman Schneider. Upon a �: � �' � � � FRIDLEY CITY COUNCIL MEETING OF JULY 22. 1991 PAGE 16 voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: 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 June, 1991 ....$ 8,688.00 Chemlawn Commercial Services 1156 East Highway 36 Maplewood, MN 55109 Corridor Maintenance Projeat No. 217 Estimate No. 3 . . . . . . . . . . . . HNTB 6700 France Avenue South Minneapolis, MN 55435 . . $ 3,686.47 Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . . . $ 4,691.01 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 3 . . . . . . . . . . . . . . . $18,414.28 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ,. `. � � � FRIDLEY CITY COUKCIL MEETING OF 1ULY 22, 1991 PAGE 19 ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 22, 1991 adjourned at 10:16 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor R� � �r �