Loading...
03/16/1992 - 00005419� ' � 18 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 16. 1992 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OE MINUTES: COUNCIL MEETING, MARCH 2,1992: 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: LUCKE LAKE PROJECT: Ms. Mary Vasecka, 6909 Hickory Drive, stated that on behalf of the Locka Lake Homeowners Association she wished to thank the Council and City staff for their continued support of the Locke Lake project. She stated that she would like the Council to instruct staff to determine the baseline costs, as an addendum to the final preliminary report, which would address the legal requirements of replacement of the dam; compensation to homeowners for losses associated with present and/or future conditions; and public safety issues including the East River Road bridge safety, erosion control, storm sewer modification, landscaping and weed control, and environmental impact. Ms. Vasecka also requested that the City Attorney coordinate with the Rice Creek Watershed District's legal counsel to have all funding options available for presentation and review by April 16, 19 FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1992 PAGE 2 1 1992 in relation to both base line and completed project costs. She also requested that the Council and staff maintain interest levels and exert influence to see that the project progresses on a timely basis. Councilman Schneider asked Ms. Vasecka about the reference to legal costs regarding the dam. Ms. Vasecka stated that she understands there is some legal precedent that the dam has to be replaced in a timely fashion. Councilman Billings questioned the item regarding compensation to homeowners. Ms. Vasecka stated that the Attorney General issued some legal opinion that water volume cannot be increased or decreased without compensation to the affected properties. She stated that in determining the baseline costs,this could be a substantial amount of money. Councilman Billings asked Mr. Flora, Public Works Director, if Ms. Vasecka's request could be accomplished by April 16. Mr. Flora stated that he has been in contact with the County � Assesser's Office and, because a GIS system is not available, someone would have to go through all the pin numbers and manually extract the property values. He stated that he has written a letter in this regard and is waiting for a formal response. Ms. Vasecka stated that she felt it was important to have some time frame due to budget requirements if the project was to begin in December. She stated that the Homeowners Association wants to do everything possible to assist and would volunteer wherever their help is needed. MOTION by Councilman Fitzpatrick to receive this communication dated March 16, 1992 from Ms. Vasecka. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS• 1. APPOINTMENTS TO COMMISSIONS (TABLED 1/6/921: APPEALS COMMISSION: MOTION by Councilman Schneider to reappoint Diane Savage to the Appeals Commission. Seconded by Councilwoman Jorgenson. � There beinq no further nominations, the nominations were closed by Mayor Nee. � � � 20 FRIDLEY CITY COIINCIL MEETING OF MARCH 16, 1992 PAGE 3 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ENVIRONMENTAL 4UALITY AND ENERGY COMMISSION: Mayor Nee stated he understands that Mr. Dahlberg is not intere5ted in reappointment. MoTION by Councilman Schneider to reappoint Dean Saba, Steven Stark, and Bruce Bondow to the Environmental Quality and Energy Commission. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nae declared the motion carried unanimously. Councilman Billings stated that the structure of this Commission is that there are £our terms that expire in 1995; two that expire in 1994; and one that expires in 1993. He suggested that when appointment is made to the seat currently held by Paul Dahlberg that it be for one year so that it would expire in 1943. HUMAN RESOURCES COMMISSION: Mayor Nee stated that Marija Netz was not interested in reappointment to the Human Resources Commission. MOTION by Councilman Fitzpatrick to nominate Charles Welf, 113 Gibraltar Road, for appointment to the Human Resources Commission to fill Ms. Netz's seat. MOTION by Councilman Schneider to reappoint LeRoy Oquist to the Human Resources Commission. Seconded by Councilwoman Jorgenson. There being no further nominations, the nominations were closed by Mayor Nee. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTIONS, all voted aye, and Mayor Nee declared the motions carried unanimously. PARKS AND RECREATION COMMISSION: MOTION by Councilman Schneider to reappoint Dick Young and Tim Solberg to the Parks and Recreation Commission. Seconded by Councilman Billings. There being no further nominations, the nominations were closed by Mayor Nee. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. HOUSING AND REDEVELOPMENT AUTHORITY: MOTION by Mayor Nee to nominate J. R. McFarland for reappointment to the Housing and Redevelopment Authority. 21 FRIDLEY CITY COUNCIL MEETZNG OF MARCH 16, 1992 PAGE 4 � There being no further nominations, the nominations were closed. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, a11 voted aye, and Mayor Nee declared the motion carried unanimously. CABLE TELEVISION COMMISSION: MOTION by Councilman Sohneider to reappoint Duane Peterson to the Cable Television Commission. Seconded by Councilwoman Jorgenson. There being no further nominations, the nominations were closed by Mayor Nee. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. POLICE COMMISSION: MOTION by Councilman Schneider to reappoint Mavis Hauge to the Police Commission. There being no further nominations, the nominations were closed by Mayor Nee. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and � Mayor Nee declared the motion carried unanimously. PLANNING COMMISSION: MOTION by Councilman Schneider to reappoint Dean Saba as an at-large member of the Planning Commission. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated all Commission appointments have been completed, with the exception of one vacancy on the Environmental Quality and Energy Commission. NEW BUSINESS: 2. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 1 OF THE FRIDLEY CITY CODE IN ITS ENTIREZ'Y AND ADOPTING A NEW CHAPTER 1 ENTITLED "LEGISLATIVE BODY" RELATING TO WARD AND PRECINCT BOUNDARIES WITHIN THE CITY: Ms. Haapala, City Clerk, stated that the State Court Plan has been chosen Eor redistricting ward and precinct boundaries. She stated that the deadline for adopting this ordinance is March 30; therefore, the first reading of the ordinance should be done this evening. She stated that the names of the wards and precincts were � not completed for the first reading of the ordinance, as the Council should designate these items. 1 �I � 22 FRIDLEY CITY COUNCIL MESTING �F MARCH 16, 1442 PAGE 5 Mr. Pribyl, Finance Director, stated that the Council should probably schedule a special meeting for the second reading of this ordinance in order to satisfy the mandated date. Ms. Haapala outlined the ward boundaries and presented population figures for all the wards. These totals were as follows: Ward I, 9,512; Ward II, 9,406; and Ward III, 9,417. Ms. Haapala stated that the deviation of no more than three percent conforms to the requirements of the City Charter. Councilman Billings stated he believed that the figures are within a one percent deviation. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that he was not sure if it would confuse the issue if the numbering was changed. Councilwoman Jorgenson stated that she felt it would be less confusing to keep the numbering as it is now. Councilman Billings stated that he brought up this subject about nine months ago, and he is amazed that a decision has not been made before this time. MOTION by Councilman Schneider to number the precincts 1, 2, 3 and 4 in each of the Wards, maintaining numbering as aonsistent as possible with the existing map. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billings abstained from voting on the motion. Mayor Nee declared the motion carried. 3. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 402. ENTITLED "WATER AND SEWER ADMINISTRATION." SECTION 402.10, METER READING AND PAYMENT FOR SERVICES: Mr. Pribyl, Finance Director, stated that this ordinance changes the penalty on the second consecutive non-reading of the utility card from $5.0� to $1�.00. He stated that on the third consecutive quarter and all subsequent quarters if the meter is not read a penalty of $15.00 is assessed. He stated that the number of unreturned cards causes the City to estimate the readings and, in some cases, requires a City employee to do a site visit. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23 FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1992 PAGE 6 ' 4. APPROVAL OF LIVESTOCK LICENSE APPLICATION BY STEVEN AND LINDA SODERHOLM, 5336 5TH STREET N.E.: Ms. Dacy, Community Development Director, stated that this is an application for a livestock license to house thirteen rabbits. She stated that according to Section 101 of the City Code, the Council is to consider five issues in determining whether or not to issue a livestock license. She stated that these issues are as follows: (1) nature of the livestock; (2) possible affect on adjacent properties; (3) housing facilities; (4) sanitation control; and (5) affect on the general health, safety and welfare of the public. Ms. Dacy stated that the property owners to the north, Michael and Linda Anderson, have stated that they do not have any objections to the issuance of this license and another property owner, Frances Rodgers, has sent a letter indicating no objection to the license. She stated that an anonymous complaint was received regarding this matter. Ms. Dacy stated that the rabbits are currently housed in a shed, and the petitioners have indicated they are considering removing the shed and replacing it with a garage, which would be used for their vehicles and for raising the rabbits. She stated that the code requires at least thirty feet between an abutting property and � the area where the livestock are kept. Ms. Dacy stated that the site plan submitted for the garage construction does meet this requirement. Ms. Dacy stated that staff is recommending approval of this license with four stipulations, which she outlined. No persons in the audience spoke regarding this proposed livestock license. MOTION by Councilman Fitzpatrick to approve the livestock license application for Steven and Linda Soderholm with the following stipulations: (1) construction of a garage, as shown on the site plan on Page 4F of the agenda, by July 1, 1992; (2) removal of the existing shed upon completion of the garage; (3) if the garage is not constructed by July 1, 1992, the petitioner shall remove the shed and rabbits by July 15, 1992; and (4) the license will he revoked if the petitioners cannot comply with the garage requirement and if the petitioners cannot construct a garage as required, they must submit a plan to achieve compliance by July 1, 1992. Seconded by Councilwoman Jorgenson. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � ' � 24 FRIDLEY CITY COUNCIL MEETING OF MARCH 16. 1992 PAGE 7 5. G� RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 26. 1992: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-1D, BY TIMOTHY HUTCHINSON TO ALLOW CONSTRUCTION IN THE CRP-2 (FLOOD FRINGEI. GENERALLY LOCATED AT 8021 RIVERVIEW TERRACE N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a special use permit to allow the construction of an addition in a flood fringe district. She stated that this item was aonsidered by the Planning Commission in September, 1991; however, the basement that was originally proposed did not meet the requirements of the one hundred year regulatory flood elevation. Ms. Dacy stated that since this time, staff has worked with the petitioner and the Department of Natural Resources to reach a solution to allow construction of the addition and still meet the requirements. She stated a compromise is that the petitioner would be allowed to construct a full-depth basement under the addition meeting all the flood proofinq requirements, and within the basement, the petitioner will construct a false floor to reduce the ceiling height to five feet. Ms. Dacy stated that at their February 26, 1992 meeting the Planning Commission approved this request for a special use permit. Ms. Dacy stated that Mr. Flora, Public Works Director, has been in aontact with the petitioners regarding an easement along the front of their property in regard to the potential Riverview Terrace improvement pro7ect. She stated that the petitioners have a problem in executing such an agreement at this time. Mr. Flora stated that the City is working with the Army Corps of Engineers to establish a levee in this area and will need additional roadway easements to satisfy the right-of-way requirements. He stated that the petitioners have been asked to provide a ten-foot street and utility easement. Ms. Hutchinson, the petitioner, stated that she spoke with Mr. Flora this past Friday. She stated that it seems that the project is in the very beginning stages, and she is hesitant to proceed further until additional information is received. Ms. Hutchinson stated that their addition is quite extensive and, with the Army Corps of Engineers' project, the road in front of their home would be raised several feet. She stated that she would hesitate to construct this addition if they would end up with their home sitting in a hole. She stated that since she only learned of this project last Friday she did not feel they could proceed with the request to provide the easement until they receive definite information on what will happen. Mayor Nee stated that whether the easement is given or not would not affect whether the Army Corps of Engineers proceeds with the � FRIDLEY CITY COUNCIL MEETING OF MARCH 16. 1992 PAGE 8 � project, but it would be less costly if the easement was provided. He stated that he can see where the petitioners are hesitant to make this improvement if they do not know what will transpire with their property. Ms. Hutchinson stated that her concern is if their home would remain level with the road. Mr. Flora stated that he did not know the exact location of the levee; however, a storm sewer system would be installed on the east side o£ the road. Mr. Hutchinson stated that he is concerned about the ground water and the depth of the barrier. Mr. Flora stated that the depth is not known at this time, and also there could be some effect on the ground water. Mr. Hutchinson stated that he appreciated hearing of this project; however, he felt more time was needed to make a decision on whether or not to proceed. MOTION by Councilman Fitzpatrick to table this item to the Council meeting on April 6, 1992. Seconded by Councilwoman Jorgenson. � 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 26, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. EXTENSION OF SPECIAL USE PERMIT. SP #90-18, AND VARIANCE, VAR #90-31, BY HUMBERTO MARTINEZ FOR 7786 BEECH STREET N.E.: Ms. Dacy, Community Development pirector, stated that Mr. Martinez is requesting an extension on his special use permit and variance to December 31, 1992. She stated that staff recommends approval of this request. MOTION by Councilman Fitzpatrick to approve the extension of Special Use Permit, SP #90-18 and Variance, VAR #90-31 to December 31, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. EXTENSION OF TRAILER LICENSE FOR RMS COMPANY. 980 OSBORNE ROAD N.E.• � Ms. Dacy, Community Development Director, stated that RMS has requested an extension of their trailer license to June 30, 1992 and staff recommends approval. � 26 FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1992 PAGE 9 � MOTION by Councilman Schneider to approve the extension of the trailer license for RMS Company to June 30, 1992. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 28-1992 AUTHORIZING AND �IRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON: THAT PART OF LOT 3, BLOCK 4, LYING IN SECTION 10-30-24 COMMERCE PARK. AND LOT 3, BLOCK 4, LYING IN SECTION 11-30-24 COMMERCE PARK: Mr. Pribyl, Finance Director, stated that this resolution will split the special assessments in accordance with Lot Split, L.S. #91-03, approved by the Council on December 2, 1991. MOTION by Councilman Schneider to adopt Resolution No. 28-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 29-1992 ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR WELL NO. 13 REPAIR AND MAINTENANCE PROJECT NO. 236: Mr. Flora, Public Works Director, stated that this is a request to adveztise for bids for the repair of Well No. 13. � MOTION by Councilman Schneider to adopt Resolution No. 29-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 11. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 42089 through 42334. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Councilwoman Jorgenson stated that she did not see Walter's Rubbish on the list of refuse haulers outlined in a memo to Mr. Burns from ' Barb Dacy dated March 9, 1992. � 27 FRIDLEY CITY COIINCIL MEETING OF MARCH 16, 1992 PAGE 10 Ms. Dacy, Community Development Director, stated that she would check on this matter. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 13. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 Statement for Services Rendered as City Attorney for the Month of February, 1492. ......$ 1,5�2.25 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• � MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 16, 1992 adjourned at 8:33 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: ' William J. Nee Mayor