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12/01/1993 - 00005295� � � THE MINUTES OF THE SPECIAL MEETING OF THE FRI�LEY CITY COUNCIL OF DECEMBER 1, 1993 The Special Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Neea 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 MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 15, 1993: MOTION by Councilman Schneider to approve the minutes as presented. 5econded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Councilman Billings requested that the license for Hayfield Tree Farm be deleted. He also wanted to add a license for Lyndale Garden Center for a Christmas tree lot. MOTION by Councilman Schneider to adopt the agenda with the above correction. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: HOWARD WALTERS, 262 ELY STREET: Mr. Walters, 262 Ely Street, stated that he felt he was being bashed, as he received a citation for burning garbage in his garage. He stated that he only burns compressed paper in a stove in his garage and, when the City investigated a complaint by a neiqhbor because of the smell, it was several hours after the iire was out. He stated that there are two electrical lines located in back of his property which crack together when it rains. That is where the smell is coming from, not from his burning. He stated that the Fire Department called Northern States Power to fix the lines and he thanked them for having this fixed. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1, 1993 PAGE 2 � Mr. Walters stated that he was asked if he had garbage service. He stated that he does not have this service, but he hauls his garbage to the dump and compacts the paper so it can be used as fuel. Mr. Walters stated that he has to appear in court because he does not have this service. He stated that he did not know he had to have garbage service. He stated that the lowest rates are $16 per month, and he can haul a whole trailer load to the dump for this price. Mayo� Nee asked if it is required that a resident have garbage service. Ms. Dacy, Community Development Director, stated that this is required in the City Code. Mayor Nee asked if the code requirements would be satisfied if Mr. Walters hauls his trash to the dump. Ms. Dacy stated that she did not know if there were any citations of this nature issued in the past or if the court would find this an acceptable alternative. Mr. Walters stated that he also received a citation for parking a vehicle on the grass and not on a hard surface, He stated that he � was not aware o£ this code requirement, and it should be publicized. Mayor Nee advised Mr. Walters to appear in court and stated that it needs to be determined what else might be involved. PETER EISENZIMMER, 6535 OAKLEY DRTVE: Mr. Eisenzimmer, 6535 Oakley Drive, stated that at the time recycling began in the City, the rates were $2.50 per quarter, and now they will be $4.00 per quarter. He stated that he understood that the $2.50 charge was to pay for the containers and that this cost would not be raised. He stated that everything keeps going up in cost, including taxes and garbage fees, and he felt that something has to be done about it. Councilwoman Jorgenson stated that Anoka County contracts with a center where the garbage is burned and with recycling the amount of garbage has decreased so garlaage costs rise. She stated that the state and county mandate how much the City has to recycle. If this is not met, the subsidy is decreased. Mr. Eisenzimmer stated that his garbage bill has risen one hundred percent since recycling began. He stated that if recycling had not started the costs would be less. � Councilman Schneider stated that the reason for recycling is an environmental concern. He stated that there really are no answers FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1. 1993 PAGE 3 � �or how to deal with this problem, and costs will increase untiY consumers demand better packaging to reduce recyclingo Mr. Eisenzimmer stated that the fact is that all increases, whether they be in the areas of social security, health insurance, taxes, or utilities, hurt people on fixed incomes, PUBLIC HEARINGS: 1. PUBLIC HEARING ON ADOPTION OF THE 1994 CITY OF FRIDLEY BUDGET: AND TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS: MOTION by Councilman 5chneider to waive the readinq of the public hearing notice and open the public hearinq. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that this public hearing is to satisfy the provisions of the state's truth in taxation legislation and to satisfy the City's Charter requirement, Mr. Burns, City Manager, stated that this budget year began with threats from the Legislature and the Governor to eliminate Local � Government Aid and the Homestead and Agricultural Credit Aid (HACA). He stated that a shortfall was predicted of over $700 million which was later reduced to over $160 million due to better than expected income tax collections. He stated that it was recently learned that the state has a$414 million surplus. He stated that the legislature passed a new "needs" formula that will be used to justify future distributions of LGA. This formula does not hurt Fridley, but it leaves the City revenue neutral. Mr. Burns stated that this year Representative Myron Orfield's efforts addressed the growing disparity between have and have not communities. This Metropolitan Community Stability Act which would have benefitted the communities with blight, lower incomes, and more dependent populations. He stated that if this bill had been sucoessful it would have created a more powerful, elected Metro- politan Council; redistributed LGA and HACA revenues to communities on the basis of socioeconomic need; redirected state and federal transportation dollars toward mass transit and other programs to helg the central cities; and limited use of tax increment financing for cleaning up urban blight. He stated that although very little of this bill became law, it can be expected that it again will be a major source of legislative debate in 1994. Mr. Burns stated that in considering the budget, the City Council identified several priorities to address potential urban blight in � Fridley. He stated that Council's top priorities are to implement the various housing rehabilitation programs, to make Fridley a safer community with respect to crime, and to implement a revised FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1. 1993 PAGE 4 � rental inspection program. He stated that the council also wishes to develop projects that contribute to a solid community image and stimulate community spirit and pride. Mr. Burns stated that the City's department managers developed goals and objectives for 1994 which responded to the Council's directions. He stated that the Police Department has proposed the establishment of a street crime unit that would provide flexible, targeted responses to community problems. He stated that the Police Department is also proposing to establish a�rogram to assist at-risk families at large multi-family apartmen� compYexes. He stated that in order to implement these programs, three additional police officers will be hired. Mr. �urns stated that the Community Development Departmen� will implement a new rental housing program to strenqthen the CityBs ability to improve rental housing in Fridley. Mr, Burns stated that a very ambitious schedule of capi�al improvement projects has been identified. He stated tha� these projects include street improvements, playground equipmen� upgrades, construction of a new shelter a� Commons Park, reconstruction of the Locke Park water treatment facility, and water and sewer system upgradesa � Mr. Burns stated that the CounciT granted a three percent cos� of living increase to City employees, which was in line with increases in neighboring communities. He stated that the City's personal computers would be replaced, a geographic information system would be developed, a sidewalk plow and blower would be leased, and £our police cars would be purchased. Mr. Burns stated that recycling was discussed, and recognbzing there was a tremendous increase in the hauTing and recycling business, the council opted to raise the recycling fees £rom $2.50 per quarter to $4.0� per quarter. He stated that the sewer rates were also discussed and, due to increases from the Metropolitan Waste Control Commission, the rates were raised based on water usage. He stated that this will not result in increased costs for residential customers in �hose households with average or less than average winter quarter water usage. Mr. Burns stated that the council decided not to raise property taxes but instead use $240,000 from the General Fund Reserve �o balance the General Fund budget. Mro Burns stated that the total budget �s $11.� million or a 9.4 percent increase from the 1993 budget. He stated that a large majority of this increase is related to capital improvements and � not operating costs. He stated that while all budgeted expenditures will increase by more than nine percent, the General Fund has increased by only 3.1 percent to $9.4 million, 1 FRIQLEY CITY COUNCIL MEETING OF DECEMBER 1, 1993 PAGE 5 Mr. Burns stated that the cost of Personal Services amounts to $6.9 million, a 3.9 percent increase from 1993. Ae stated that a large portion of this increase is to hire three additional police officers. Mr. Surns stated that there are a number of tables included in the budget which are mandated as a result of State legislation. He reviewed Table 1 which included the percent of the total budget which represented compensation costs for employees. Mr. Burns stated that in 1992, personal service costs were $6,543,903 or 65.13 percent of the total budget of $10,047,617; in 1993, personal service costs were $6,717,275 or 64.28 percent of the total budget of $10,450,288; and in 1994, personal service costs were $6,968,212 or 60.83 percent of the total budget of $11,455,209. Mr. Burns stated that Table 2 covers the cost for supplies. He stated that the 1994 budget for supplies is $515,475 or a 5.9 percent decrease from 1993. He stated that Table 3 covers other services and charges in the amount of $1,615,507 and represents a 4.5 percent increase. He stated that the increase is due to leasing a sidewalk snowplow and blower and anticipated increases in the cost of professional liability insurance gor the Police Department. � Mr. Burns stated that Table �l covers Capital Outlay Expenditures in the amount of $192,659 or a 19.8 percent decrease from 1993. He stated that these funds would be used to purchase four new police squads, three mobile data terminals for police cars, a dump truck, an electric gate opener, a garage hoist, an aerator generator for Moore Lake, a pickup truck, and an air compressor for the Fire Department. � Mr. Burns stated that overall, special revenue funds have increased from $408,625 in 1993 to $518,985 in 1994. He stated that these special revenue funds cover the Cable Television Fund, the Grant Management Fund, the Solid Waste Abatement Fund, the Capital Projects Fund, Buildings and Lands, 5treets, and Parks, Mr. Burns stated that the Cable Television Fund has increased from $98,177 in 1993 to $111,475 in 1994. This is due to replacement of video equipment in the Council Chambers. He stated that the Grant Management Fund has increased from $151,454 in 1993 to $189,454 in 1994. Expenditures from this fund are used for the Community Development Block Grant programs involving housing rehabilitation ($102,800) and human services grants ($30,600), as well as Section 8 housing assistance ($26,595) and chore services ($29,459). Mr. Burns stated $218,056 for 1994, $53,602. that the Solid Waste Abatement Fund budget is as collection of recyclables has increased by � � � FRIDLEY CITY CODNCIL MEETING OF DECEMBER Y. 1993 PAGE 6 Mr. Burns stated that the Capital Pro7ects Fund has increased from $954,500 in 1993 to $1,568,000 in 1994. He stated that most of �his increase would be used for street construction, replacement of a fire engine, and purchase of computer equipment to enable citizens to make inquiries regarding utility billing, property taxes, recreation registration and other areas at any time of the day or night. Mr. Burns stated that in the Streets category, the budget has increased from $751,000 in 1993 to $1,034,000 in 1994. He stated that this figure includes $500,000 for neighborhood street reconstruction; $224,000 for sealcoating; $100,000 for the street overlay program; $110,00o for the upgrading of East River Road; and $100,00o for upgrading Main Street. Mr. Burns stated that in the Parks category, the budget has decreased from $198,500 in 1993 to $194,000 in 1994. He stated that the major project in 1994 is the construction of a park shelter and restroom at Commons Park and to update playground equipment. Mr. Burns stated that there are four Enterprise Funds which include Water, Sewer, Storm Sewer and Liquor Operations and are shown in Table 5. He stated that these funds have increased by 7.5 percent in the areas of water and sewer related to debt service and depreciation. He stated that $343,538 of the pro�ected increase in the Sewer Fund is attributable to additional sewage disposai costs levied by the Metropolitan Waste Control Commission. Mr. Burns stated that the increase in the Liquor Operations Fund is due to additional costs to purchase the goods sold at the liquor stores. Mr. Burns stated that the tax impact of the 1994 budget is that the proposed property tax levy is maintained at 1991 and 1992 levels. He stated that the 1994 proposed tax levy is 2.7 percent greater than the 1993 property tax levy. He stated that the 1994 increase reflects a one-time use of Local Government Aid funds of $125,000 that was unexpectedly made available in December, 1992. He stated that this was used by the council for tax relief. Mr. Burns stated that the effect of budget increases or decreases on the proposed property tax levy are as follows: 1992 budget� $4,751,465; 1993 budget, $4,626,465; and 1994 budget, $4,751,465. He stated that other events also impact residential property taxes such as challenges to tax values, appreciation of residential property values, levy charges by other taxing 7urisdictions such as the school and watershed districts, and the amount o� HACA made available by the state. Mr. Burns stated that the proposed levy which is certified to the County is $4,751,465 less the HACA credit or a total of $3,163,136. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1, 1993 PAGE 7 � This is 3.4 percent greater than the amount certified for 1993. He stated that the impact on a$80, 000 home would result in an increase of taxes from $135 to $139 for the City's portion of the tax bill. He stated that depending in what school district and watershed district the home is located, there may l�e an increase or decrease, Mr. Burns stated that the overall fund balances for the City are very good. He stated that from 1990 to 1992, no fund balances were used. He stated that it is projected tha� $720,738 in fund balances will be used for 1993, and $713,069 will be used in 1994. He stated that it is also possible that no fund balances will be used in 1993. Mr. Burns stated that another measure of the City's financial health is the budgeted expenditures in actual and constant dollars. He stated that the expenditures have actually decreased slightly each year from 1990 to the present. Mr. Burns stated that the number of employees, as shown in Table 9, for 1992 are 120 full-time and 379 part-time; in 1993, 119 full-time and 230 part-time; and in 1994, i22 full-time and 372 part-time. He stated that the additional full-time employees are the new police officers, and the additional part-time employees are � the election judges. He stated that the employees covered under the Enterprise Funds are sixteen full-time and 29 part-time for 1992; sixteen full-time and 32 part-time for 1993; and seventeen full-time and 32 part-time for 1994. He stated that the additional full-time employee is a liquor clerk. Mr. Burns stated that the total employees for 1992 were 137 full-time and 402 part-time; 136 full-time and 265 part-time for 1993; and 140 full-time and 407 part-time for 1994. Mr. Burns stated that the consultants and other independent contractors, as shown in Table I0, are the City Attorney, Electrical Inspector, Custodial Maintenance, and Prosecuting Attorney. He stated that the budget for the City Attorney was $61,000 in 1992; $76,000 in 1993; and $40,000 in 1994. Mr. Burns stated that the budget for the Electrical Inspector for 1992 and 1993 was $26,700 and it was $26,600 for 1994. He stated that the budget for Custodial Malntenance was $46,800 for 1992 and 1993 and $50,000 for 1994. He stated that the budget for the Prosecuting Attorney was $107,000 for 1992; $130,000 for 1993; and $119,000 for 1994. Mr. Burns stated that the total budget for the consultants and other independent contractors was $241,500 for 1992; $279,500 for 1993; and $235,600 for 1994. Mr. Burns stated that a number of external factors affect the City°s financial health. He stated that as of the end of October, � there was $16 m111ion in new construction, but about $6 to $7 million was for remodeling additions to Unity Hospital, which is non-taxable and is not included as part of the tax base. He stated FRIRLEY CITY COUNCIL MEETING OF DECEMBER 1, 1993 PAGE 8 � that in reviewinq commercial and industrial construction, the figures are disappointing, as they are down by about $4 million or from $10 million in 1992 to $6 million in 1993. Mr. Burns stated that a more positive indicator is that unemployment ha5 decreased slightly from 4.2 percent to 3.8 percent. He stated that retail sales oontinue to decrease from $200 million in 1989; $194 million in 1990; and $154 million in 1991. He stated that the number of people employed in Fridley is rising from 22,328 in 1990 to 23,943 in 1992. Mr. Burns stated that the increases are in manufacturing, wholesale trade, and the service sector. There is a decline in people employed in retail trade. Mr. Burns stated that Fridley's market value of real estate increased slightly by 1.3 percent in 1992 and 1993. However, the tax capacity has declined slightly between 1992 and 1993 from $26,589,000 to $26,533,000. Mr. Burns stated that the demand for local governmental services remains high. He stated that the crime rate in Fridley ranks among the highest in the Twin Cities metropolitan area. He stated that there is an increasing number of people in Fridley receiving some form of public assistance. � Mr. Burns stated that, in conclusion, the budget was prepared in the general context of growing concern with conditions of urban blight. He stated that staff goals and ob7ectives and budgets were prepared in response to the council's concerns with housing, crime� community image and neighborhood pride. He stated that the budget reflects a continued commitment to housing rehabilitation, new commitment to policing, expanded programming gor youth, and a substantial commitment to maintenance of the City's infrastructure. He stated that all of this is accomplished at i991 budget tax levels. Mr. Burns stated that the City's fund balances remain very strong, although there are a number of circumstances that should warrant caution in the use of the City's financial resources. He stated that they are the continued threat to State aid revenue, the slow pace of economic recovery, shrinking tax base, and growing demand for services. He stated that Fridley should seek opportunities for cost savings, exgansion of the tax base, continue collaborative efforts with other jurisdictions, and develop realistic under- standing of community problems. He stated that conservatism should be exercised in fiscal policy making by using contractual services rather than new Pull-time employees whenever possible, maintaining interest-bearing fund balances, and taking advantage of opportunities for state and federal grants. � Councilman Billinqs asked how this 1994 budget levy compares with last year's. �I �I FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1, 3993 PAGE 9 Mr. Burns stated that after the budget hearings last year, the City received notice that they would be receiving Local Government Aid. He stated that the Council decided to use these funds for a one- �ime tax break. Councilman Billings stated that with the exception of the one-time tax break, the City is at the same level of taxation it has been for the last three years. Mr. Peter Eisenzimmer, 6535 Oakley Drive, asked about the increase in tihe Cable Television Fund from $408,625 to $518,985. Mr. Burns stated that these figures are for all Special Revenue Funds, which includes the Cable Television Fund. However, the increase in the Cable Television Fund is about $15,000. Mr. Eisenzimmer asked if any additional salary increases were given other than the three percent raise. Mr. Surns stated that employees who have been employed with the City less than thirty months will be eligible for their merit increases, and there was a slight increase for health insurance at a cost of about $12,000. He stated that no other increases were given other than the three percent authorized by the council. Mr. Eisenzimmer questioned the increase in taxes, as his increased over $70. Mr. Burns explained that the increase in City taxes would be about $4.00 on an $80,000 home. Councilwoman Jorgenson stated that the City can only address the increase in City taxes and not the increases from the other taxing jurisdictions. Mr. Pribyl, Finance Director, stated that the county mailed a letter to property owners in School District No. 14 to correct an error under the school district�s tax comparisons. He sta�ed that the tax statement showed an increase in 1994, but there was actually a decrease. Mr. Eisenzimmer asked if residents had to pay for use of the picnic tables in the parks. Mr. Burns stated that if a shelter is reserved, there is a fee. Councilwoman Jorgenson stated that residents are now allowed to reserve the shelters, and it used to be on a first come, first served basis. � Mr. Eisenzimmer asked if the liquor stores were making a profit or losing money. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1, 1993 PAGE 10 � Mr. Burns stated that the liquor stores are making a profit for the City. Mr. Eisenzimmer asked why there is such a large increase in part- time employees for 1994. Mr. Burns stated that it is because of the election judges, as 1994 is an election year. Mr. Eisenzimmer stated that costs continue to rise for all services, insurance, utilities, etc., and he felt it was time someone stopped spending. Ms. Jennifer Prasek, 1681 Camelot Lane, stated that the percentage of compensation for employees has decreased over the years in relation to the total budget. She asked if there is general criteria that is used on the amount to be spent on salaries in relation to the total budget. Mr. Burns stated that he knows of no recognized norm for this expenditure. He felt that this percentage is probably a little low, and the capital improvement expenditures distort the figure. Councilwoman Jorgenson stated that there was a decrease in employee � salaries as older employees retired and were replaced with younger workers at lower salary levels. Ms. Prasek stated she noted that legal fees have decreased. Mr. Burns stated that actual past figures were reviewed, and the amounts budgeted were not spent. Mr. Herrick, City Attorney, stated that this figure varies depending on the amount of litigation, and it is difficult to predict acourately. Ms. Dorothy Linse, 251 Rice Creek Terrace, stated that she ob�eats to the City being in the liquor business. Mr. Burns stated that the liquor stores are self-supporting, and the 1994 budget provides for the use of $25,000 from the liquor operation for human services. Councilwoman Jorgenson stated that the City has more control if st operates the liquor store than if it is operated by the private sector. She stated that there are, however, pros and cons to the operation of a municipal liquor store. Mayor Nee stated that he understands what Ms. Linse is saying, and � the Council has had extensive discussions about the City operating liquor stores. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1, 1993 PAGE 11 � Councilman Schneider thanked staff for an excellent job in preparation of the budget. He felt that the budget represents the commitiment on the part of staff and council to try and address the issues Mr. Eisenzimmer raised and keep costs as low as possible. He felt strongly that the housing issue must be addressed so that the City's housing does not deteriorate and retains its value or begins to appreciate in value. Councilman Schneider stated that the major increase in employees was in the Police �epartment, and he felt that this is a message to the public that the council wants to make sure the City is saPe and people feel comfortable in their homes and on the street. Councilwoman Jorgenson felt that the city, county, and school districts are doing a good job in keeping taxes in line. However, special taxing districts went up sixty percent, and they do not conduct a truth in taxation hearing. Senator pon Betzold stated that the special taxing districts cover many parts of the metropolitan area so it is difficult to know where the hearings should be held. He stated that the legislature is working on the problem. Senator Betzold stated that in regard to the projected budget surplus, there is going to be a lot of ideas where these funds � should be used. He stated that this surplus represents only a small portion of the budget, about two percent, or $50 per taxpayer. He stated that he would work to see that the surplus would benefit this area. No other persons in the audience spoke regarding this proposed 1994 budget. 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 9:02 p.m. Mayor Nee stated that the council will consider adoption of the budget at the Council meeting on December 13, 1993. 2. PUBLIC HEARING ON PRELIMINARY PLAT REQL3EST, P.S. #93-04 BY DALE EDSTROM OF NORTHCO CORPORATION. NORTHCO BUSINESS PARK 4TH ADDITION, TO REPLAT PROPERTY GENERALLY LOCATED AT 500 73RD AVENUE N.E.: MOTION k>y 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 9:03 p.m. �I � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1, 1993 PAGE 12 Ms. Dacy, Community Development Director, stated that this is a proposed replat within the Northco Industrial Park to replat three lots into four. She stated that Quick File is located in the manufacturing facility on the sub�ect parcel and the owner, Mr. Gray, is choosing to remove his interest from the partnership, and he wants to own the property where Quick File is located. Ms. Dacy stated that in addition to Quick File, the Carter Day Company and Steinwall, Inc. are also located in the building. She stated that there is no chanqe in the access although the lot lines would change. She stated that a 25 foot "flag" will be created to provide road access to this parcel from Northco Drive. She stated that the purpose o£ this reques� is to create a separate lot araund the Quick File building. Ms. Dacy stated that the Planning Commission recommended approval of this request with the stipulation that an additional utility easement shall be dedicated on the plat. Councilman Billings asked if there was access to 71st on the south lot line. Ms. Aacy stated that there was not any access. Councilman Billings stated that the only access is from the 25 foot "flag," and he asked if there was any requirement in regard to the amount of street frontage. Ms. Dacy stated that the code states that each parcel needs a certain amount of lot width at the setback line. She stated that another section of the code relates to frontage on a public street which should be 25 feet. These requirements are met. Councilman Billings felt that this arrangement may be proper for the current use of the parcel. However, if the operation should change in the future he asked what other types of uses could go on this lot. Ms. Dacy stated that in checking the lot coveraqe and parking available, all requirements of the M-2 zoning district are met. She stated that there may be some interest on Quick File's part to purchase all of the lot to the west. She stated that there is adequate room on the property to accommodate an industrial use either now or in the future. Councilman Schneider asked if there was adequate access. Ms. Dacy stated that she believed the access was adequate. she stated that an access to the south has been discussed, but at this time it is not necessary. She stated that the parcel has functioned using the existing driveway from Northco Drive. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1, 1993 PAGE 13 � Mr. Larry Berg, attorney representing the petitioner, stated that the large lot is a developed lot. Even thouqh this is being done as a new plat, it really is a lot line rearrangement. He stated that if they were not re-drawing these lot lines, access would still be over the same driveway. He stated that if it makes sense to change the lot lines in the future, this would be done. Councilman Billings stated that his only concern is that this configuration works well for Quick File, but is it something that would work well for another business in the future? Mr. Dale Edstrom, the petitioner and partner in the Fridley Business Center Partnership, stated that his partner is Jim Gray who owns Quick File. He stated that Mr. Gray's goal has been to own the Carter Day building. At some time in the future, he will relooate his office to that building. He stated that he believed that in ten years Quick File will probably be the sole tenant. Mayor Nee questioned the 25 foot right-of-way and if this was adequate. Mra Edstrom stated tha� the 25 foot right-of-way has always been the access for this facility. He stated that there was two-way traffic for trucks when Knox Lumber was at this location, and it � was not a problem. Ms. Dacy stated that the "flag" lot configuration is not typical but seemed to fit an existing situation. She stated that the lot coverage for this building is about 29 percent, and iP another 5,000 to 8,000 square feet was added, it could be done with the setbacks met. She stated that if more space is required, the council may be looking at another subdivision. No other persons sgoke regarding this proposed plat. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:20 p.m. NEW BUSINESS: 3. RESOLUTION NO. 99-1993 IN 5UPPORT OF AN APPLICATION FOR A MINNE50TA LAWFUL GAMBLING PREMISE PERMIT TO MOOSE LODGE 38 F12IDLEY : MOTZON by Councilman Bi111ngs to adopt Resolution No. 99-1993. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1 1993 PAGE 14 , 4. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETTNG OF NOVEMBER 9, 1993: A, VARIANCE REOUEST, VAR #93-29, BY ST. PHILIP'S LUTHERAN CHURCH TO INCREASE THE MAXIMUM SQUARE FOOTAGE OF AN INSTITUTIONAL SIGN FROM 32 SQUARE FEET TO 70 SQUARE FEET, GENERALLY LOCATED AT 6180 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that St. Philip's Church originally requested a variance for a 46 square foot tamporary sign £or two years. She stated that this reques� has been changed, and they are requesting a variance for an institutional sign from 32 square feet to 70 square feet. Ms. Dacy stated that the Appeals Commission recommended denial of this revised variance request. She stated that if the Council approves the variance, staff is recommendinq that the variance be for two years. At the end of this time, the petitioner sha11 comply with the ordinance requirements or apply for a new variance, and that the petitioner apply for a sign permit for a permanent sign and pay the $60 permit fee. Councilman Schneider asked if other churches in the City were surrounded by commercial property. � Ms. Dacy stated that St. William's Catholic Church �s zoned commercial, and the property to the south is also zoned commercial. She stated that the St. Philip's site is the only one in the City where the church is located at the intersection and where the three other corners of the intersection are commercial. Councilman Schneider stated that a variance was granted for the shopping center at this intersection, as well as for the Shorewood Inn sign. He stated that St. Philip's Church felt the hardship is being restricted to a 32 square foot sign, when commercial entities in the area are allowed 80 square feet of signage. He stated that they felt this inhibited their ability to be seen by passing motorists. Councilman Schneider felt that this was a valid argument, as the properties surroundinq the church have larger signs. MOTION by Councilwoman Jorgenson to receive the letter from St. Philip's Lutheran Church regarding this requested sign variance. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to grant Variance Request, VAR #93-29, for two years. At the end of this two-year period, the petitioner shall comply with the ordinance requirements or � apply for a new variance; and the petitioner shall apply for a s�.gn permit for a permanent sign as required by the City Code and pay the $60 permit fee. Seconded by Councilman Billings. Upon a voice FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1. 1993 PAGE 15 � vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RE50LUTION NO. 100-1993 REOUESTING VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATTON DIVISION STATE AID OPERATION5 RULES, CHAPTER 8820.28Q0, SUBP. 2, ON NUMEROUS MN/DOT SIGNAL IMPROVEMENTS IN FRIDLEY: Mr. Flora, Public Works Director, stated that this variance is requested in order to obtain funds for the signal installations on University Avenue. He stated that the Municipal State Aid Office advised the City that the request for use of off-system funds for signal installation cannot be supported because the Minnesota Department of Transportation plans were not reviewed by the State Aid Office. MOTION by Councilman Schneider to adopt Resolution No. 100-1993e Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6, APPROVE CHANGE ORDER NO. 2 TO THE 1993 STREET IMPROVEMENT PROJECT N0. ST. 1993 - 1& 2: Mr. Flora, Public Works Director, stated that this change order is � to incorporate additions to the Street Improvement Pro7ect No. ST. 1993 - 1& 2. He stated that retaining walls were installed at the end of Hathaway Lane and on 53rd Avenue to provide maintainable slopes at these locations. He stated that during construction of the Fire Traininq Center, it was necessary to remove poor soil and backfill with select material. He stated that eight catch basins needed to be reloaated on Regis Drive, and two new catch basins were installed to improve drainage. He stated that additional bituminous paving was required to extend a bike path at the new Moore Lake Beach parking lot. He stated that this change order covers these additions in the amount of $39,737. MOTION by Councilman Schneider to authorize Chanqe Order No. 2 to the 1993 Street Improvement Project No. ST. 1993 - 1& 2 in the amount o£ $39,737.00 with Northwest Asphalt. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. APPROVE CHANGE ORDER N0. 1 TO THE 63RD AVENUE BOOSTER STATION, PROJECT NO. 260: Mr. Flora, Public Works Director, stated that this change order is to cover the additional cost for brick at the 63rd Avenue booster station. He stated that the Army has agreed to pay for the increase in the brick allowance for a total of $960. .� MOTION by Councilman Schneider to authorize Change Order No. 1 to the 63rd Avenue Booster Station, Project No. 260 in the amount of FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1 1993 PAGE 16 � $960.00, Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVE CHANGE ORDER NO. 1 TO THE LOCKE PARK FILTER PLANT, PROJECT NO. 240• Mr. Flora, Public Works Director, stated that this change order is a formality because when the council awarded the contract for the Locke Park Filter Plant Project to NewMech Companies, Ync. for a cost of $658,000, this reflected a$35,000 deduct for NewMech not having to dispose of hazardous sandblasting material. He stated that this change order provides the appropriate documentation to reflect this deduction from the original bid amount. MoTION by Councilman Billings to authorize Change Order No, l to the Locke Park Filter Plant, Pro�ect No. 240 with NewMech Companies, Inc, for a deduction of $35,000< Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. INFORMAL STATUS REPORTS: Mr. Surns, City Manager, stated that there were no informal status reports, � 10. CLAIMS: - MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 52723 through 52922. Seconded by Councilman Schneider. TJpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo 11. LICENSES: MOTION by Councilman Billings 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. 12. ESTIMATES: MOTI6N by Councilwoman Sorgenson to approve the estimates as submztted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Buildinq 6401 University Avenue N.E. Fridley, MN 55432 � Statement for Services Rendered as City Prosecuting Attorney for the Month of October, 1993 . . $10,759.50 � � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1, 1993 PAGE 17 Northwest Asphalt 1451 County Road 18 Shakopee, MN 55379 1993 Street Improvement Project No. ST. 1993 - 1& 2 Estimate No. 7 . . . . . . . . $40,278.84 Seconded by Councilman Schneider. Upon a voice vote, a11 votinq 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 Special Meeting of the Fridley City Council of December l, 1993 adjourned at 9:40 p.m. 12espectfully submitted, Carole Haddad Secretary to the City Council Approved: � William J. Nee Mayor