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09/27/1993 - 00005212� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 27, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:3? p.m. by Mayor Pro Tem Schneidere PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Pro Tem Schneider, Councilwoman Jorgenson, and Councilman Billings MEMSERS ABSENT: Mayor Nee and Councilman Fitzpatrick PRESENTATION OF PROCLAMATION: NICOLAS HERMAN DAY, SEPTEMBER 29, 1993: Mayor Pro Tem September 29, 1993 making Mr. Herman in the City. Schneider read a proclamation proclaiming as Nicolas Herman Day in the City of Fridley and an honorary citizen of Fridley during his stay � Mr. Hunt, Assistant to the City Manager, stated that Nicolas 1s one of several students who have come to Fridley for the summer to conduct marketing studies in international trade. He stated that Mr. Herman represents a number of companies in the Fourmies, France area. � Mayor Pro Tem Schneider presented Mr. Herman with this proclamation. Mr. Herman thanked the Mayor and Council for everything that was provided to help him with his job during his stay in Fridley. He stated that Monsieur Batteux sends his greetings to Mayor Nee and the Councilmembers. WASTE REDUCTIQN WEEK, SEPTEMBER 27-OCTOBER 2, 1993: Mayor Pro Tem Schneider read a proclamation proclaiming the week of September 27 through October 2, 1993 as Waste Reduction Week in �he City of Fridley. He urged all citizens to take advantage of this week to learn more about waste reduction and other ways to protect the environment. Mayor Pro Tem Schneider presented this proclamation to Brad Sielaff, Chairman of the Environmental Quality and Energy Commission. Mr. Sielaff stated it is important to recognize that waste reduction is more important than waste recycling. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 2 FIRE PREVENTION WEEK, OCTOBER 3- 9, 1993: Mayor Pro Tem Schneider read a proclamation proclaiming the week of October 3 through 9, 1993 as Fire Prevention Week, He stated that there will be an open house held at the City's three fire stations on October 9, 1993 from 1:�0 p.m. to 5:OQ p.m. to inform citizens on publlc safety issues such as fire prevention, DARE, neighborhood crime watch, and emergency awareness and response. Mayor Pro Tem Schneider presented this proclamation to Mr. McKusick, Fire Chief. He also extended an invitation for citizens to visit the open house to be held on October 9 at all the fire stations in Fridley. He stated that the scope of Fire Prevention Week has been broadened to cover all areas o£ public safety services which the community provides. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 13, 1993: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Billzngs. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. 5econded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. OPEN FORUM, VISITORS: MR. EWERS. 5G80 MATTERHORN DRIVE - RE: HATHAWAY LANE: Mr. Ewers, 5680 Matterhorn Drive, stated that in conjunction with the street improvements on Aathaway Lane, it is not a through street and has an inadequate turn around. He Pelt that there were three options to correct this situation -- install a full size cul- de-sac, extend Hathaway Lane to Matterhorn Drive, or to expand the cul-de-sac to provide space for the snow plows to turn around. He stated that if there is a full size cul-de-sac, trees would have to be removed, and the cul-de-sac would be right next to his home. He stated that he felt the least expensive option and one which he would favor is to expand the cul-de-sac and provide a turning radius for the snow plows. He stated that he understands, however, that a full size cul-de-sac is preferred for the fire trucks. Mr. Flora, Public Works Director, stated that staff has reviewed several options which will be discussed with the Council later this �vening. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27 1993 PAGE 3 � PUBLIC HEARINGS: l. PUBLIC HEARING ON PRELIMINARY PLAT REOUEST P S #93 02 BY THE CITY OF FRIDLEY TO REPLAT PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF HIGHWAY 65 AND EAST MOORE LAKE DRIVE BETWEEN HIGHWAY 65 AND CENTRAL AVENUE• MoTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing opened at 7:53 p.m. Ms. Dacy, Community Development Director, stated that this replat involves the area between Highway 65 and old Central Avenue. Properties included are Northwest Racquet and Swim Club, Moore Lake Commons East, Sears Outlet building, and Moore Lake Commons Shopping Center, formerly known as Shorewood Shopping Center. She stated that the purpose of the plat is to correctly dedicate minor ad�ustments along East Moore Lake Drive. She stated that because of corrected right-of-way alignments, the utility and bikeway/walkway easements need to be rededicated on this new plat. Ms. Dacy stated that this plat request is a �oint request between � the property owners of the affected land area and the City. She stated that the Planning Commission considered this request and recommended approval. Mayor Pro Tem Schneider stated that this plat is, basically, ad�ustments in the alignments. He asked if any bikeway/walkway easements would be lost. Ms. Dacy stated that this plat adjusts the alignments, and no bikeway/walkway easements would be lost. No other persons spoke regarding this proposed plat. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing closed at 7:56 p.m. 2. PUBLIC HEARING ON VACATION REOUEST SAV #93-03 BY THE CITY OF FRIDLEY TO VACATE ALL EASEMENTS DEDICATED ON THE PLAT OF SHOREWOOD PLAZA GENERALLY LOCATED AT HIGHWAY 65 AND EAST MOORE LAKE DRIVE• MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman � Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing opened at 7:56 p.m. � � �J FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27 1993 PAGE 9 Mr. Herrick, this public approve the City Attorney, stated that Council could proceed with hearing, but four affirmative votes are needed to vacation. Ms. Dacy, Community Development Director, stated that this vacation affects the same properties involved in plat request, P.S. #93-02, generally located between Highway 65 and Old Central Avenue. She outlined the old and new easements on the proposed plat. She also stated that additional ponds or drainage easements were created as part of the original development for the shopping center and Northwest Racquet and Swim Club. Ms. Dacy stated that the Planning Commission recommended approval of this vacation. No other persons spoke regarding this proposed vacation request, MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing closed at 7:59 p.m. 3. PUBLIC HEARING ON REZONING REQUEST, ZOA #93-01, BY OLIVER TAM, TO REZONE PROPERTY FROM C-3, GENERAL SHOPPING CENTER TO R-3, GENERAL MULTIPLE DWELLING, ON PROPERTY GENERALLY LOCATED AT 1160 FIRE5IDE DRIVE N.E.: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a vozce vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing opened at 7:59 p.m. Ms. Dacy, Community Development Director, stated that this rezoning involves property located on the south side of Fireside Drive and is the site of Tam's Restaurant. She stated that the properties to the north and south are zoned C-3. The properties to the east and west are zoned R-4, mobile home park. Ms. Dacy stated that this proposal is to rezone a portion of the property from C-3 to R-3. She stated that there are existing structures on the site, Tam's Restaurant, and two dwelling units which are non-conforming in the C-3 zone. She stated that because R-4 zoning exists on both sides of the parcel, rezoning the parcels to R-3 should not cause any adverse impact. She stated that the area now occupied by the two dwelling units would be rezoned in order to create two sites for multiple family units, and the existing structures would be removed. Ms. Dacy stated that a Pour unit dwelling was proposed for each of the two lots; however, the owner has now indicated he may construct a duplex on the north lot. ' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 5 Ms. Dacy stated that the Planning Commission recommended approval of this rezoning request. Councilman Billings asked about parking requirements for the restaurant site which would remain commercial. Ms. Dacy stated that the parking requirement is one space for every 100 square feet of restaurant area. Councilman Billings stated that he counted 77 parking spaces. Of those, 35 are either on or need access from the residential property, which means over 45 percent of the parking that is proposed for the restaurant will be on residential property. He stated that he cannot understand rezoning to residential when the parcel is being used for commercial purposes. Ms. Dacy stated that she reviewed the general zoning pattern in the area. Due to the high density zoninq on either side of the property, the long-term approach was taken that this parcel may not remain as commercial. A future redevelopment could be for residential purposes. She stated that due to the density of the proposed residential uses, it was felt it would not conflict with the commercial use. � Councilman Billings stated that there is no guarantee tha� the commercial use would convert to res�dential use in the future. He stated that it is entirely possible that the two residential sites and the existing restaurant could be sold to two different parties. He asked if the restaurant could remain in operation as a non- conforming use if the entire parcel was rezoned to residential. � Ms. Dacy stated that the restaurant could remain as a non- conforming use. Councilwoman Jorgenson pointed out that if there were a fire or disaster, and fifty percent of the restaurant was damaged, it could not be rebuilt. Ms. Dacy stated that if Mz. Tam is considering construction of a duplex on a portion of the property, less square footage would be required, and a portion of the parking lot could become part of the existing commercial zoning. Mayor Pro Tem Schneider felt that the key issues are the parking required for the restaurant and if there is adequate space on the commercial property to accommodate the parking. Mr. Tam, the petitioner, stated that he wants to improve his existinq dwelling, and the property has to be rezoned in order for him to make the improvements. He stated that he understands Councilman Billings' concern, but he does not envision selling the FRIDLEY CITY COUNCIL MEETING OF SEPTEMSER 27, 1993 PAGE 6 � property piece by piece. He stated that he would work with City staff to satisfy the Council's concerns. Councilman Billings stated that his concern is the rezoning of property to residential which will still be used for commercial use. He stated that it probably would make sense to determine the petitioner's plans and needs and if the plan could be modified. Mr. Burns, City Manager, asked if there would be sufficient parking if the 35 parking spaces were eliminated. Ms. Dacy stated that if the petitioner constructed a duplex rather than a four unit building, there would be sufficient parking. MOTION by Councilwoman Jorgenson to continue this public hearing to the October 4, 1993 Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 4. PUBZIC HEARING ON PRELIMINARY PLAT REQUEST, P.S. #93-03, BY OLIVER TAM, TAM ADDITION, TO REPLAT PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E.: MOTION by Councilman Billings to waive the reading of the public � hearing notioe and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:22 p.m. Ms. Dacy, Community Aevelopment Director, stated that the Planning Commission recommended approval of this plat by a 6 to 1 vote subject to seven stipulations. Councilman Billings stated that since this plat involves the same parcel 1n rezoning request, ZOA #93-01, which the Council previously discussed as Item 3 on the agenda, it was felt that this public hearing should also be continued to the October 4 Council meeting. MOTION by Councilwoman Jorgenson to continue this public hearing to the October 4, 1993 Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 5. PUBLIC HEARING ON CONSOLIDATION OF THE FRIDLEY POLICE RELIEF ASSOCIATION'S POLICE PENSION: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman � Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing opened at 8:25 p.m. � � ' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 7 Mr. Pribyl, Finance Direotor, stated that the Fridley Police Relief Association is seeking approval to consolidate their Police Pension Association with the Public Employees Retirement Association (PERA). He stated that since Council passed the preliminary resolution to consolidate in November, 1992, the first action involved the preparation of an actuarial valuation at the request of the Legislative Commission on Pensions. Ae said that the State Board of Investment then reviewed the pension group's investments for any investments determined to be ineligible for consolidation. He stated that after the review, staff again met with a representative from PERA to review the information. He stated that the actuarial valuation indicated that if all pensioners elected the greatest benefit value, the City would still reduce its overall police pension cost. Mr. Pribyl stated that it was determined the consolidation would not have a negative impact and would provide members with more retirement options and selections under PERA. He stated that this request for consolidation was initiated by the Police Relief Association. Mayor Pro Tem Schneider stated that with the consolidation into the PERA program, there is still monitoring of the pension plan, and the advantage is more retirement options. No other persons spoke regarding this consolidation of the Police Relief Association's Pension Plan. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 8:29 p.m. 6. CONTINUATION OF PUBLIC HEARING ON THE 64TH AVENUE STORM WATER PROJECT NO. 260 (CONTINUED FROM CITY COUNCIL MEETING OF SEPTEMBER 13. 19931: MOTION by Councilwoman Sorgenson to reopen this public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and this public hearing was reopened at 8;29 p.m. Mr. Flora, Public Works Dlrector, stated that Petition No. 13-1993 was received from the residents in the 64th Avenue neighborhood for a storm water project. It is proposed that a pipe be installed from Mississippi Street to the culvert on Old Central at a cost of about $94,000. He stated that this project would also involve construction of a detention pond on the lots owned by the City at an estimated cost of $7,000, or for total construction costs of $101,000. He stated that $41,000 of thls cost would be paid by an assessmant of $1,000 per residential lot, and the government would fund the balance of the cost. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 8 � Mr. Flora stated that Mr. Nelson, who submitted the original Petition No. 13-1993, agreed to take the petition to the residents in the area to try to obtain additional signatures for this improvement. Mr. Nelson, 1357 64th Avenue, re-submitted Petition No. 13-1993, which contained two additional signatures for a total of 22 out of 41 properties affected. He stated that he would like to thank these 22 persons who signed the petition. He also thanked the Council for their efforts in trying to help with the procedures� He stated that the intent of the petition is to try and alleviate the problem of water up to their door steps. He stated that he would like the storm catch basins incorporated with the TCAAP project, which is now in progress. MOTION by Councilwoman Jorqenson to receive Petltion No. 16-1993, which is an addition to Petition No. 13-1993, containing two additional signatures not contained in the original petition. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Councilwoman Jorgenson asked Mr. Flora to address the concerns about enlargement of the detention pond. � Mr. Flora stated that three-tenths of an acre would be required in order to provide storage of water coming from the north of 64th Avenue, and the detention pond would be about one acre. He stated that this would be more than adequate to handle the water coming from the north and Harris Pond, as well as the wetlands in that area. Councilwoman Sorgenson stated that her ma�or concern is not to flood the homes south of 64th Avenue. Mr. Flora felt that the improvement should not make it worse for the homes to the south but actually improve their situation because of the additional storage area for the water. Mayor Pro Tem Schneider asked if all the residents received notice of this public hearing. Mr. Flora stated that all residents in the area were notified. Councilwoman Jorgenson asked when the detention pond area would be enlarged. Mr. Flora stated that if Council decides to proceed with this pro�ect, there could be a change order in conjunction with the � TCAAP project, to install the catch basins when G4th Avenue is upgraded. He stated that the additional piping from 64th Avenue and the detention pond could be done separately or as a change FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 9 � order to the TCAAP pro7ect. He stated that the permrt for the pond must be submitted to the Watershed District, the Department of Natural Resources, and the Army Corps of Engineers. Ms. Kowski, 6391 Central Avenue, stated that the improvement is needed. She asked what the timetable is for this project. Mr. Flora stated that the project could probably be completed by next spring. Ms. Sue Rau, 1341 64th Avenue, asked about the construction on 64th Avenue and how far back the pipe would be placed on the residents° property. Mr. Flora stated that the TCAAP water line w111 be placed in the street as well as the catch basins. He stated that all the improvements would be done within the street easement and not on the residents' property. Mr. Nelson, 1357 64th Avenue, asked if the riqht-of-way for the storm water improvement would involve a portion of the easement five or six feet from the curb onto the residents� grass. Mr. Flora stated that the improvement would be in the street � right-of-way aligned with the concrete curb. Mrs. Linda Nelson, 1357 64th Avenue, thanked the Council for all their time and effort in trying to help the neighborhood correct this problem. She stated that they do not want the problem to go farther south, and they do not want anyone to have water problems. She also asked if the property owners would have the option to pay the assessment in one lump sum. Mr. Pribyl, Finance Director, stated that there is a time frame that the property owner can pre-pay the entire assessment. He stated that the assessment could also be spread over a fifteen year period at an anticipated interest rate of about seven percent Ms. Beverly Prior, 1340 Mississippi Street, stated that there has been water on 64th Avenue every year since she has lived at this address, which has been over 25 years. She asked how the assessment could be paid. Councilwoman Jorgenson stated that there is also a provision for deferment of the assessment until such time as the property is sold. Ms. Prior stated that she did not feel the improvement would solve the problem with the water on 64th Avenue. � Councilwoman Jorgenson stated that the improvement project will not remove all the water one hundred percent, but there should not be FRIDLEY CITY COUNCIL MEETING OF SEPTEMSER 27 1993 PAGE 10 � the flooding conditions that have occurred this year and in the past. Ms. Prior felt that the flooding would still occur because it has been that way for years. Mayor Pro Tem Schneider asked Mr. Flora to explain how the City assesses for storm water projects. Mr. Flora stated that in 1973, the City established a plan for storm water projects, and a lxmzt of $S00 per residential lot to be assessed for these projects. He stated that the Council then raised this figure from $800 to $1,000. He stated that about sixty percent of the residents have paid the storm water assessment. He stated that this area has not paid a storm water assessment. Mr. Okeson, 1423 64th Avenue, stated that the builder of his home paid an assessment of $800 for storm water. He stated that he understands the City refunded some of these monies and sent money back to the State for unclaimed funds_ He stated that this assessment was already paid, and the City should have known he was the owner and not turned the money over to the State. Mr. Pribyl stated that the City tries to locate, whenever possible, � the owners. He stated that in many cases it was not possible because the only information the City had was the name of the developer. He stated that in trie case where the developer or property owners could not be determined, the funds were turned over to the State as unclaimed property. He stated that the owner should be able to work with the developer in obtaining those funds. Mr. Okeson stated that he and the contractor took care of this at the closing, and he felt he had already paid this assessment. Mr. Pribyl stated that the City should be able to go back to the State and reclaim those assets. He stated that in this particular case, where the owner has been identified, the City may be able to reclaim this money. Ms. Rau, 1341 64th Avenue, stated that she has a similar case to Mr. Okeson and, in her case, the money was returned to the widow of her builder. She stated that they have been the only owners of their property, and they were never contacted. Mr. Herrick, City Attorney, stated that the monies that were paid were not an assessment but an escrow payment. He stated that there are state rules that govern the construction of pro�ects. If a project is not constructed within a certain period of time, it has to be refunded. He stated that the rule the City follows is that � the funds are returned to the person who made the escrow payment to the City. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27 1993 PAGE 11 � Mr. Nelson, 1357 64th Avenue, stated that his home was built by the same contractor as the Rau's, and he felt the only difference was that he was covered by the title search. Councilman Billings asked Mr. Flora if he addressed the question of installing another pipe under Central Avenue. Mr. Flora stated that this was not addressed because there was not a problem west of Central Avenue. Councilman Billings asked if the pipe west of Central was not critical to the flow. He stated that he is concerned that there is enough pipe capacity to move the water from the east to the west side of Central Avenue. Mr. Flora stated that in the proposed detention pond there is three times the capacity that the system is introducing. Councilman Billings asked Mr. Flora if he could guarantee the detention pond has enough capacity to handle essentially all the water that is coming down the 36 inch pipe on Central Avenue. Mr. Flora stated that adding another pipe under Central Avenue would have no impact. The detention pond increases the capacity � of the water storage that would be introduced into the pipe. No other persons in the audience spoke regardzng this proposed improvement project. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, and the public hearing closed at 9:12 p.m. OLD BUSINESS• 7. ORDINANCE NO. 1018 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 102, ENTITLED "POLICE," BY AMENDING SECTION 102.03: MoTION by Councilman Billings to waive the second reading of Ordinance No. 1018 and adopt it on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 8. SECOND READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GEt7ERALLY LOCATED AT BROAD AVENUE AND LAFAYETTE STREETI: � 6ince this item required a four�fifths vote of the council, th� following action was taken: FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 12 � MOTION by Councilman Billings to table this item to the October 4, 1993 Council meeting. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 9. VARIANCE REQUEST, VAR #93-18, BY NTARK AND LAURA INGEBRIGTSEN, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 31.3 FEET, GENERALLY LOCATED AT 5831 WEST MOORE LAKE DRIVE N.E. (TASLED SEPTEMBER 13, 19931: Mayor Pro Tem Schneider removed this item from the table. Ms. Dacy, Community Development Director, stated that this item was tabled at the September 13, 1993 Council meeting in order for staff to measure setbacks of two homes at 5741 and 5891 West Moore Lake Drive. She stated that the setback for 5741 West Moore Lake Drive is 30.2 feet and 34.7 feet for 5891 West Moore Lake Drive. She stated that it is assumed these encroachments occurred prior to 1966 when the permits were issued and an "as built" certificate of survey was not required at that time. Ms. Dacy stated that there was also a question if a door could be installed on the south side of the building in lieu of extending the garage into the setback for the servioe door. She stated that � because the new south wall will be less than three feet from the lot line, the Uniform Building Code prohibits an opening in the wall. Ms. Dacy stated that there was a variance granted similar to this variance at 6810 Seventh Street. Councilman Billings asked if there has been a decline in property values as a result of these structures being closer than 35 feet from the curb, if any complaints have been received, or if staff felt this would create a negative impact on the neighborhood. Ms. Dacy replied in the negative to all of these questions. MOTION by Councilman Billings to gran� Variance Request, VAR #93-18, to reduce the front yard setback from 35 feet to 31.3 feet at 5831 West Moore Lake Drive. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously 10. RESOLUTION N0. 70-1993 GRANTING FINAL APPROVAL FOR THE CONSOLIDATION OF THE FRIDLEY POLICE PENSION ASSOCIATION WTTH THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION: MOTION by Councilman Billings to adopt Resolution No. 70-1993, Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting � aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 13 � 11. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 113, "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION," BY AMENDING SECTION 113.07 AND CHAPTER 11 "GENERAL PROVISIONS AND FEES," FOR SOLID WASTE PROGRAMMING FEE, BY AMENDING SECTION 113: Ms. Dacy, Community Development Director, stated that the solid waste abatement fee is currently $2.50 per quarter per household, and this ordinance would increase the fee to $4.00. She stated that the reason for the increase is that costs are exceeding revenues. MOTION by Cauncilman Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 12. RECEIVE THE MINTITES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER &, 1993_ A. SPECIAL USE PERMIT REOUEST, SP #93-14, BY JAMES WOLD, TO ALLOW ACCESSORY BUILDINGS OTHER THA1V THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET. GENERALLY LOCATED AT 1425 MEADOWMOOR DRIVE N.E.: � Ms. Dacy, Community Development Director, stated that the petitioner, Mr. Wold, wishes to construct a 24 foot by 24 foot second garage on his property at 1425 Meadowmoor Drive. She stated that the Planning Commission recommended approval of this request with four stipulations. MOTION by Councilwoman Jorgenson to grant Special Use Permit Request, SP #93-14, with the following stipulations: (1) the accessory structure shall be architecturally compatible with the existing dwelling unit; (2) the petitioner shall provide a hard surface driveway by September 1, 1994; (3) the accessory structure may not exceed 14 feet in height; and (4) the accessory structure may not be used to conduat a home occupation as defined in Section 205.03.34 of the Fridley Zoning Code. Seconded by Councilman Billings. Councilman Sillings asked Mr. Wold how often he would use the accessory building or if it would be mostly for storage. Mr. Wold stated that it would be mostly for storage of a boat and an antique truck. Councilman Billings stated that in the need for preserving green areas, there have been instances where residents only brought items in and out of storage several times a year, and a hard surface , driveway was not requested. He asked the use of this structure in terms of bringing vehicles in and out. ' � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 14 Mr. Wold stated that he would probably bring items in and out every week. Mayor Pro Tem Schneider asked Mr. Wold if he had planned to provide a hard surface driveway. Mr. Wold stated that his plan was �o provide a hard surface drive, and he would install it by September 1, 1994 as outlined in the stipulation. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes of the Planning Commission Meeting of September 8, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 13 � RECEIVE ITEM5 FROM THE APPEALS COMMISSION MEETING OF SEPTEMBER 14, 1993: VARIANCE REQUEST, VAR #93-23, BY ST. PHILIP'S LUTHERAN CHURCH. TO ALLOW THE DISPLAY OF A TEMPORARY SIGN FOR MORE THAN TWO WEEKS, GENERALLY LOCATED AT 6180 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that the petitioner has requested this item be tabled to the next Council meeting. She stated that they felt they were not adequately notified of the Council meeting. MOTION by Councilwoman Jorgenson to table thls ltem to the October 4, 1993 Council meeting. Seconded by Councllman Billinqs. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. B. VARIANCE REQUEST, VAR #g3-24, BY CECELIA ROSENBERG, TO REDUCE TAE FRONT YARD SETBACK FROM 35 FEET TO 22 FEET TO CORRECT AN EXISTING ENCROACHMENT. AND TO ALLOW THE CONSTRUCTION OF A SINGLE CAR GARAGE WHEN A TWO CAR GARAGE IS REQUIRED, GENERALLY LOCATED AT 71 63-1f2 WAY N.E.: Ms. Dacy, Community Development Director, stated that Ms. Rosenberg was not in attendance. The Council, therefore, took the following action: MOTION by Councilman Billings to table this item to the October 4, 1993 Cpuncil meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 15 14. RESOLUTION NO. 71-1993 MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NQ. 1 TQ REFLECT INCREASED PROSECT COSTS AND INCREASED GEOGRAPHIC AREA AND MODIFYING THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS N0. 1 THROUGH NO, 12 TO REFLECT INCREASED PROJECT COSTS AND INCREASED GEOGRAPHIC AREA WITHIN REDEVELOPMENT PROJECT NO. 1: Ms. Dacy, Community Development Director, stated that Council conducted a public hearing on September 13, 1993 to consider amending the redevelopment project area and creating Tax Increment District No. 13 for the purpose of providing tax increment financinq assistance to ECO Finishing, Inc. She stated that since the public hearing, the request for tax increment financing assistance has been amended. The proposal is no longer to create a tax increment district, but to add this parcel to the redevelopment pro7ect area to enable the Housing and Redevelopment Authority to provide a$125,D0 loan. Ms. Dacy stated that this resolution would add this parcel to the redevelopment project area. She stated that the Housing and Redevelopment Authority would consider the request for the loan at their October 14, 1993 meeting. Ms. Debbie Gustafson, of the Bridgewater Financial Group and � representing ECO Finishing, Inc., stated that the company did not amend the request. It was done by staff, and they are still requesting tax increment financing. Councilman Billings stated that it would take three votes to create a tax increment district. Since there would not have been the required votes, this request has been modified. He asked if this amendment to the redevelopment plan requires a public hearing. Ms. Dacy stated that the amendment simply requires a majority vote. She stated that, in essence, the Council already conducted the public hearing on September 13, and as part of this hearing process was to amend the redevelopment pro7ect area and create the tax increment district. MOTION by Councilwoman Jorgenson to adopt Resolutlon No. 71-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 15. RECEIVE THE 1994 BUDGET OF THE NORTH METRO CONVENTION AND TOURISM BUREAU: Mr. Burns, City Manager, stated that the North Metro Convention and Tourism Bureau was established to promote tourism. The hotel and � motel business is supported by a tax on hotel and motel rooms. He stated that this involves no direct tax to the residents. He stated that in accordance with the aqreements with the four member FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 16 � cities, the North Metro Convention and Tourism Bureau is required to submit its budget to each City. MOTION by Councilman Billings to receive the 1994 budget of the North Metro Convention and Tourism Bureau. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. APPROVE JOINT POWERS AGREEMENT BETWEEN TxE CITY OF FRIDLEY AND THE COUNTY OF ANQKA FOR THE INSTALLATION OF TRAFFIC CQNTROL SIGNALS AT THE INTERSECTION OF COUNTY ROAD NO. 132 AND SPRINGBROOK DRIVE: MOTION by Councilman Billings to approve the Joint Powers Agreement with Anoka County for installation of traffic control signals at the intersection of County Road No. 132 and Springbrook Drive and authorize the appropriate City officials to execute same. Seconded by Councilwoman Jorgenson. Mr. Herrick, City Attorney, stated that this does not involve the expenditure of any City funds; therefore, three affirmative votes are satisfactory. Mr. Flora, Public Works Director, stated that the proposal is to � install traffic signals at 85th Avenue and University Avenue Service Drive. He stated that Wal-Mart would pay for the City's portion of the cost for installation of these signals, which is estimated at $32,400. Councilwoman Jorgenson asked if the Opticom cost would also be covered by Wal-Mart. Mr, Flora answered in the affirmative. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. 17. APPROVE HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND RO$ERT A. AND SOYCE L. WAROLIN: Mr. Flora, Public Works Director, stated that the owners of property at Go24 2-1/2 Street, Mr. and Mrs. Warolin, wish to construct a fence within the drainage and utility easement. He stated that the owners must enter into this hold harmless agreement in which they aqree to remove or dismantle the fence if required by the City. MOTION by Councilman Billings to approve the hold harmless agreement with Robert A. and Joyce L. Warolin, 6024 2-1/2 Street, and authorize the appropriate City officials to execute same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting � aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF 3EPTEMBER 27, 1993 PAGE 17 � 18. APPROVE 1994 SCHOOL REFERENDUM LEVY RETURN AGREEMENTS (SCHOOL DI5TRICT NOS. 11, 13, 14 AND 161: Mr. Pribyl, Finance Director, stated that these agreements provide for the return of the full amount of tax increment to the School Districts in Fridley. He stated that the estimated total return for 1994, before delinquents, is $315,045.96, which is a decrease of eight percent from the 1993 estimated return. He stated that the agreements are identical to the ones in the past years. Tax Increment District No. 4 is being returned to the tax rolls, and the Schaol District will now be getting their money directly from the County from this tax increment district. MoTION by Councilman Billings to approve the 1994 School Referendum Levy Return Agreements with School Districts No. 11, 13, 14 and 16 and authorize the appropriate City offzcials to execute same. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 19. RESOLUTION NO. 72-1993 DIRECTTNG PREPARATION OF THE ASSESSMENT ROLL FOR TREATMENT AND REMOVAL OF TREES, 1993: MOTION by Councilman Billings to adopt Resolution No. 72-1993. � Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 20. RESOLUTION NO. 73-1993 DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE TREATMENT AND REMOVAL OF TREES, 1993: MOTION by Councilwoman Jorqenson tp adopt Resolutlon No. 73-1993. Seconded by Councilman Billings. Upon a voice vote, all votinq aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 21. RESOLUTION NO. 74-1993 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1& 2; MOTION by Councilwoman Jorgenson to adopt Resolution No. 74-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimous ly . 22. RESOLUTION NO, 75-1993 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSE5SMENT ROLL FOR 5TREET IMPROVEMENT PROJECT NO. ST. 1992 - 1 & 2• � MOTION by Councilman Billings to adopt Resolution No. 75-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, a11 voting FRIDLEY CITY COUNCIL MEETTNG OF SEPTEMBER 27, 5993 PAGE 18 � aye, Mayor Pro Tem Schneider declared ihe motion carried unanimously. 23. RESOLUTION IN 5UPPORT OF FUNDING FOR CAPITAL PROJECTS OF HUMAN SERVICES ORGANIZATIONS: Since this item requires a four-fifths vote of the Council, the following action was taken: MOTION by Councilman Billings to table this item to the October 4, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 24. RESOLUTION NO. 76-1993 AUTHORIZIPdG DIRECTOR AND ALTERNATE FOR THE MINNESOTA POLICE RECRUITMENT SYSTEM: Mr. Surns, City Manager, stated that Council has previously desigttated the Public Safety Director and Deputy Safety Director has the Director and Alternate for the Board of Directors of the Minnesota Police Recruitment System. He stated that due to the personnel function of the Assistant City Manager position, it is recommended that he be appointed as the Alternate Director and the Public 5afety Director be appointed as the Director. � MOTION by Councilwoman Sorgenson to adopt Resolutlon No. 7G-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 25. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. � 26. CLAIMS: MOTTON by Councilwoman Jorgenson to authorize payment of Claim Pdos. 51G39 through 51877. Seoonded by Councllman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 27e LICENSES: MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 19 28. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard, N.W. Coon Rapids, MN 55433 Statement for Services Renciered as City Attorney for the Month of August, 1993. . . . . . . . Northwest Asphalt 1451 County Road 8 Shakopee, MN 55379 Street Reconstruction Pro7ect No. ST. 1993 - 1& 2 Estimate No. 3 . . . . . . . $ 3,900.25 $203,134.79 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADSOURNMENT_ MOTION by Councilwoman Jorgenson to ad�ourn the meeting. Seconded by Mayor Pro Tem Schneider. Upan a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 27, 1993 ad�ourned at 9:44 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: Dennis L. Schnelder Mayor Pro Tem