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01/19/1993 - 00004896� � � THE MINUTES OF THE REGULAR MSETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 19. 1993 The Regular Meeting of the Fridley City Council was called to order at 7:34 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 MEMBERS ABSENT APPRQVAL QF MINUTES: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick None COUNCIL MEETING. JANUARY 4, 1993: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. IIpon 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: Councilman Billings stated that Mr. Burns, City Manager, has a petition to submit. RECEIVE PETITION NO. 2-1993. STREET LIGHTING ON CREEK PARK LANE: MOTION by Councilman Schneider to receive Petition No. 2-1993 concerning street liqhting on Creek Park Lane. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING' 1. PUBLIC HEARING ON 1993 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND REALLOCATION OF 1991 AND 1992 BLOCK GRANT FUNDS FOR A HOUSING REHABILITATION PROGRAM: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman � ' � FRIDLEY CITY COIINCIL MEETING OF JADiQARY 19. 1993 PAGE 2 Schneider. �he motion 7:38 p,m. Upon a voice voteo all voting aye, Mayor Nee declared carried unanimously and the public hearing opened at Mr. Burns, City Manager, stated that this public hearing is to determine how the 1993 Community Development Block Grant Funds will be allocated. He stated that the deadline for submission of this grant application is February 26, 1993. He stated that the city's portion of these funds is $103,000. Mr. Burns stated that City staff recommends the CDBG funds be distributed as follows: $1,000 for administration fees; $71,400 for housing rehabilitation; and 530,600 for human services. He stated that it is recommended the remaining allocations from the 1991 and 1992 CDBG funds of $43,677.43 and $35,053.00 be reallocated to the housinq rehabilitation program. He stated that with these amounts and the 1993 allocation, there would be $150,130.43 available for housing rehabilitation. He stated that these allocations have been reviewed by the Human Resources Commission, and they concur with staff's recommendation. Councilman Billings asked if a revolving fund can be established for the housing rehabilitation program so funds that are repaid can be redistributed to this program. Mr. Burns stated that as long as the funds are channeled into the same rehabilitation program a revolving fund can be established. Mayor Nee stated that the total housing rehabilitation program for the most part is an HRA project. He asked if the funds would be used by the City or turned over to the HRA. Mr. Burns stated staff would recommend that the Anoka County Community Action Program (ACCAP) include these funds as part of their on-going housing rehabilitation program. Mr. Patrick McFarland, Executive Director of Anoka County's Community Action Program, stated that their agency is the administrator of rehabilitation funds. He stated that the rehabilitation program provides up to $9,000 for housing rehabili�ation to eligible homeowners in Anoka County. He stated that this program brings homes up to Section S existing housing standards by making necessary repairs, installing furnaces, etc. He stated that those participating in the program have a ten-year lien placed on the home, and one hundred percent of the money would come back into the program if the home is sold before the ten-year period. He stated that the program has been in effect for about twelve years, and it improves the housing stock in Anoka County. No other persons in the audience spoke regarding the allocation of the Community Development Block Grant Funds. FRIDLEY CITY COUNCIL MEETING OF JANUARY 19, 1993 PAGE 3 � MOTION by Councilman Fitzpatrick 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 7:45 p.m. OLD BUSINESS: 2. FIRST READING OF AN ORAINANCE AMENDING CHAPTER 2 ANp SECTION 4.04 OF THE FRIDLEY CITY CHARTER (TABLED SANUARY 4, 1993 : Mayor Nee removed this item from the table. Councilman Billings stated that at the last Council meeting, the Council wanted to make sure they were communicating properly with the Charter Commission on this issue. He stated that he did talk individually with several of the Charter Commission members, and it was suggested that possibly the Council should meet with the Charter Commission to discuss this issue or sen� a letter to the Commission outlining the concerns before a vote is taken on this proposed amendment. He stated that there are several small items that need to be addressed, and the proposed amendments probably would not pass in the current form. � Councilman Schneider stated that he commends the Charter Commission on their work, but he has one particular area of concern. He stated that he has communicated these concerns to the Chairman of the Charter Commission. He stated that he would feel remiss in voting for something that he truly does not feel is appropriate. Mayor Nee felt that it is appropriate to make an effort to reconcile the differences, and perhaps this item should again be tabled and dialogue established with the Charter Commission, Councilman Schneider stated that he did not know if an appearance is necessary before the Charter Commission, but he could certainly document his concerns in a letter to them. Councilman Billings suggested that he and Councilman Schneider meet to prepare a joint communication to the Charter Commission addressing the concerns. Mr. Hunt, Assistant to the City Manaqer, stated that the Charter Commission would have to begin the process again whether this amendment failed or if there were changes based on the Council�s concerns. He stated that the public hearings would have to be held, so tabling this item would not necessarily expedite the matter. � Councilwoman Jorgenson stated that she talked to several Charter Commission members, and they that felt if the Council was to table this item again they are prepared to take it to a vote of the � � ' FRIDL&Y CITY COIINCIL MEETING OF JANUARY 19. 1993 PAGE 4 electorate. She stated that they felt the issues being brought forward are not significant. Councilman Billings stated that the reason for trying to resolve these issues is because the Charter is, in fact, the constitution of the City. He felt that the electorate would feel it was foolish if the Council did not attempt to reach an agreement with the Charter Commission before taking it to a vote by the citizens. MOTION by Councilman Schneider to table this item. Seconded by Councilman Billings. Councilman Billings stated that the intent of tabling the item is Yor more research and not to kill this amendment. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilman Billings, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. NEW BUSINESS: 3. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF OCTOBER 6, 1992: A. VARIANCE REOUEST, VAR #92-21, BY ROBERT AND MIKE SCHROER, TO REDUCE THE REAR YARD SETBACK FROM 40 FEET TO 0 FEET; TO REDUCE THE NUMBER OF REOUIRED PARKING STALLS FROM 102 TO 13; AND TO INCREASE THE MAXIMUM SOUARE FOOTAGE OF A SIGN FROM 80 SQUARE FEET TO 120 SOUARE FEET. GENERALLY LOCATED AT 7620 UNIVERSITY AVENUE N.E.• Ms. McPherson, Planning Assistant, stated that this request is for three variances: to reduce the rear yard setback from 40 feet to 0 feet; to reduce the required number of parking spaces from 102 to 13; and to increase the maximum square footage of a sign from 80 square feet to 120 square feet for property at 7620 University Avenue. She stated that the sign variance is to allow installation o£ one sign for the entire redevelopment project of Bob's Produce Ranch and Lyndale Garden Center. She stated that the Appeals Commission has recommended approval of these variances with three stipulations, which she outlined. MOTION by Councilman Fitzpatrick to grant Variance Request, VAR #9z-21, with the following stipulations: (1) the petitioner shall record against the title of Lot 2, Block 1, East Ranch Estates Fourth Addition a covenant which prohibits the installation of a free-standing sign on said lot; (2) the variance shall remain in effect until (a) the sign is altered in any way, except for routine maintenance and change of inessages which makes the sign less in compliance with the requirements of Chapter 214 than it was before the alterations; (b) the supporting structure of the sign FRIDLEY CITY COUNCIL MEETING OF JANOARY 19, 1993 PAGE 5 � is replaced or remodeled; (c) the face of the sign is replaced or remodeled; (d) the sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50 percent of the value of said sign, at which time all of the sign and its structure be removed; and (e) notwithstanding paragraph (a), above, upon the change of the name of the business being displayed on the sign. (3) cross parking and access easements to all loading areas shall be filed against both Lot 1 and Lot 2, Block 1, East Ranch Estates Fourth Addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RESOLUTION NO. 6-1993 APPROVING PLAT REQUEST, P.S. #92-06. EAST RANCH ESTATES FOURTH ADDITION (ROBERT AND MIKE SCHROERI: Ms. McPherson, Planning Assistant, stated that this plat has undergone a name change from Lyndale Garden Center Addition to East Ranch Estates Fourth Addition. She stated that the petitioner has worked to meet the stipulations attached to the preliminary plat and of those five stipulations, three stipulations remain and are a condition of the final plat approval and part of this resolution approving the plat. MOTION by Councilman Fitzpatrick to adopt Resolution No. 6-1993, � with the stipulations attached as Exhibit A as follows: (1) variance request, VAR #92-21, shall be approved; (2) the petitioner shall execute cross parking and access easements between Lot 1 and Lot 2o Block 1, East Ranch Estates Fourth Addition; and (3) the petitioner shall execute and record against Lot 1, Block 1, East Ranch Estates Fourth Addition a detention pond or storm water pond maintenance agreement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5e RESOLUTION NO. 7-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO LION'S CLUB OF FRIDLEY: Mr. Champa, City Clerk, stated that Minnesota State Statutes require the City's approval of this gambling premise permit before they issue a license. MOTION by Councilman Fitzpatrick to adopt Resolution No. 7-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 8-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO TOTINO-GRACE HIGH SCHOOL' � MOTION by Councilman Fitzpatrick to adopt Resolution No. 5-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL M88TING OF JANUARY 19 1993 PAGE 6 7. RESOLUTION NO. 9-1993 ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTYSEMENT FOR BIDS: STORM AND SANITARY SEWER REPAIR PROJECT NO. 242: Mr. Erickson, Assistant Public Works Director, stated that this project is an on-going maintenance project of the City to re-line existing sanitary and storm sewers. He stated that the Apex lift station project will be delayed until 1994 to minimize the impact on the sanitary sewer fundo Mr. Burns, City Manager, stated that with delay of the Apex lift station, this project is considerably under the budgeted amount. MOTION by Councilman Schneider to adopt Resolution No. 9-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 10-1993 ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: CORRIDOR MAINTENANCE PROJECT NO. 243• Mr. Erickson, Assistant Public Works Director, stated that this is an on-going maintenance project on University Avenue to provide general maintenance for that area. MOTION by Councilman Billings to adopt Resolution No. 10-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION TO APPROVE THE ADVERTISEMENT FOR BIDS FOR WELLS N0. 2. 6 AND 7: Mr. Erickson, Assistant Public Works Director, stated that this is an on-going maintenance project for the City's wells, He stated that Well No. 6 will be substituted for Well No. 3, as Well No. 6 is in dire need of routine maintenance at this time. MOTION by Councilman Schneider to approve the advertisement for bids for Wells No. 2, 6 and 7. Seconded by Councilman Fitzpatrick. 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. CLAIMSc MOTION by Councilman Billings to authorize payment of Claim Nos. 47221 through 47505. Seconded by Councilman Schneider. Upon a L J � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 19, 1993 PAGE 7 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. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. ESTIMATES• MOTION by Cpuncilman Schneider to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of December, 1992. . . . . . . $4,140.50 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADSOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Reqular Meeting of the Fridley City Council of January 19, 1993 adjourned at 8:10 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Agproved: William J. Nee Mayor