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12/13/1993 - 00005312�J THE MINUTES OF TAE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 13, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:37 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: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilman Schneider None Mayor Nee stated that it is his sad duty to announce that the Council's former colleaque, Councilman Ed Fitzpatrick, passed away this morning. He stated that Ed was a fine man and a fine teacher. He was thoughtful, sincere, and concerned. He stated that as a teacher, he influenced many students and was an outstanding public servant. Mayor Nee extended sympathy to his wife, Char, and their sons. � Representative A11ce Johnson, Representative Wayne Simoneau, and County Commissioner Paul McCarron were present as Representative Johnson read a resolution from the House of Representatives commending Ed Fitzpatrick for his years of public service. She stated that this presentation was planned several weeks ago with the thought that Ed would be able to watch this at home. � Mr. Rick Fitzpatrick accepted this resolution on behalf of his family and thanked Representative Johnson and Representative Simoneau for this recognition. He stated that his father served as the Ward 3 Councilmember for the last eighteen years and previously served on the Planning and Park Commissions. He stated that his father became a teacher to shape people's lives, and he carried that philosophy into city government. Mr. Fitzpatrick stated that his mother was a great support to his father in the course of his career, and he gladly accepts this resolution with great honor. Mr. Paul McCarron, County Commissioner, stated that Ed Fitzpatrick will be remembered as a person who helped develop philosophies for the City, and he cannot be forgotten for what he has done for this community. Mr. Fitzpatrick stated that there will be a reviewal this Thursday evening at the Washburn-MCReavy Funeral Home at 2901 Johnson Street �__J � FRIDLEY CITY COUNCIL MEETING OF DECEMSER 13, 1993 PAGE_2 N.E., and the funeral service will be at 11:00 a.m. Friday at Central Lutheran Church in Minneapolis. APPROVAL OF MINUTES: COUNCIL MEETING. DECEMSER 1, 1993: MOTSON by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mr. Burns, City Manager, requested that Item 4 be deleted from the agenda and that an item be added after Item 24 to consider cancellation of the Council meeting scheduled £or December 20, 1993. MOTION by Councilman Schneider to adopt the agenda with the above changes. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: SNOW PLOWING - STINSON BOULEVARD: Mr. Mike Miles, 7436 Stinson Boulevard, stated that he has a concern about snowplowing on Stinson Boulevard. He stated that after the last snowfall on Thanksgiving Day, Ramsey County plowed their side of the street in the morning, and the other side of the street was not plowed until late afternoon. He stated that at one point, traffic was only able to move on half the street. He stated that he would like a clear definition on who is going to plow the street. Mr. Flora, Public Works Director, stated that the City did not plow the streets until that evening. He stated that they have an agreement with Ramsey County that whoever arrives first will plow the entire street and not only half. NEW BUSINESS• l. RESOLUTION NO. 101-1993 ADOPTING A BUDGET FOR THE FISCAL YEAR 1994: Mr. Pribyl, Finance Director, stated that this resolution adopts the 1994 budget in the amount of $11,455,209, with the General Fund portion being $9,364,724. He stated that the public hearing on the budget was held on December 1, 1993, and conformed to the truth in taxation hearing. I I � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 1993 PAGE 3 MOTION by Councilman Schneider to adopt Resolution No. 101-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. RESOLUTION N0. 102-1993 DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REOUIREMENTS FOR 1994 TO THE COUNTY OF ANOKA FOR COLLECTION: MOTION by Councilman Billings to adopt Resolution Pdo. 102-1993. Seconded by Councilman Schneider. MOTION by Councilman Billings to amend Resolution No. 102-1993, paragraph 7, by changing the word °hearings�� to "hearing," deleting the words "and 13th days," and replacing with the word "day." Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. OLD BUSINESS• 3. ORDINANCE NO. 1021 ESTABLISHING CHAPTER 128 ENTITLED "ABATEMENT OF EXTERIOR PUBLIC NUISANCES" TO THE FRIDLEY CITY CODE• Ms. Dacy, Community Development Director, stated that during the public hearing process on this ordinance, the Council expressed concern that the intent of this ordinance was not to permit interior inspections of single family homes. She stated that language is included in the ordinance which clearly states that the intent of the ordinance is to abate exterior public nuisances only. Ms. Dacy stated that another issue concerned excess profit from abatements. She stated that the City Prosecutor believed this would be extremely rare and should probably not be addressed in the ordinance itself. The City could administratively return this excess to the property owner if so desired. Ms. Dacy stated that the final issue dealt with the time period for a property owner to file an appeal to the district court. She stated that the City Prosecutor advised that while the City may have a legal right to abate the nuisance conditions immediately after the Council makes final determination that a public nuisance exists, it may be prudent to allow a period of time for a property owner to file a legal appeal before proceeding with the abatement. She stated that a twenty-day waiting period has been suggested before the abatement is commenced. , MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 1021 on the second reading and order publication. � FRIDZEY CITY COUNCIL MEETING OF DECEMBER 13, 1993 PAGE 4 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSAL FOR THE ISSUANCE OF BONDS TO FINANCE THE ACQUISITION OF A MULTI-FAMILY RENTAL HOUSING FACILITY AND AUTHORIZING AN APPLICATION FOR ALLOCATION FOR BONDING AUTHORITY TO THE MINNESOTA DEPARTMENT OF FINANCE• This item was deleted from the agenda. 5. RESOLUTION NO. 103-1993 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE SANUARY 11, 1994, SPECIAL ELECTION: MOTION by Councilman Schneider to adopt Resolution No. 103-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES," BY AMENDING SECTION 11.10: Mr. Pribyl, Fiance Pirector, stated that this proposed ordinance relates to service fees charged by the City. He stated that these � changes are a direct result of the analysis of costs associated with the delivery of certain fee related activities. He stated that a study was done by Publicorp which analyzed both direct attd indirect costs and compared the total cost to the current fee to determine if the City was subsidizing the activity. He stated that fees have been increased to the point where the City avoids subsidizing any of the costs of providing these services. � Mr. Pribyl stated that under Code 603, Liquor (Employee Dispensing Liquor - Intox.), a$10.00 fee is identified, and this should be eliminated as the City will be adding a managerial license for $10.00. He stated that under Code 16, Street Vending, the $50.00 fee for residential should be shown as $50.00 residential/ commercial. Mr. Pribyl stated that these changes would be included for the second reading of the ordinance. MOTION by Councilman Schneider to waive the readinq and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Mayor Nee stated that this ordinance represents an effort by the Council to charge for costs for special services provided by the City in order that the total populace does not have to subsidize these special activities. UPON A VOICE VOTE TAREN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 1993 PAGE 5 � 7. RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 27. 1993: A. SPECIAL USE PERMIT REQUEST. SP #93-07, BY ANIMAL MEDICAL CLINIC TO ALLOW VETERINARY CLINICS CONDUCTING VACCINATIONS, GENERALLY LOCATED AT 250 OSBORNE ROAD N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a special use permit by Animal Medical Clinic to allow vaccinations to be given at the Pet Food Warehouse at 250 Osborne Road. She stated that this would be for vaccinations only, and there would be no overnight boarding of the animals. Ms. Dacy stated that the petitioner, Dr. Locketz, was placed on probation by the_ Board of Veterinary Medicine, and rt is anticipated that this probationary status will be removed from his license when the Board meets in January. She stated that the City has received a number of letters regarding this issue and has heard testimony from Dr. Locketz's attorney. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with three stipulations, which she outlined. � Ms. Helen Winder, attorney representing Dr. Locketz, stated that Dr. Locketz's license was not revoked nor his practice limited. She stated that he was placed under observation and has met the terms of probation; however, the State Board of Veterinary Medicine will not meet again until January, at which time they will pronounce his probation fulfilled. Dr. Locketz stated that he has been giving vaccinations at other Pet Food Warehouse locations. He stated that he did not plan to begin vaccinations at the Fridley location until February. He stated that Dr. Olson, Executive Director for the Minnesota Board of Veterinary Medicine, inspected their location at Maplewood, checked their record keeping, and submitted a report. Councilman Schneider stated that he did not have a problem approving vaccination services at this location; however, there is still the issue of Dr. Locketz's probationary status and how this can be handled. He felt that perhaps the special use permit could be granted with a stipulation regarding Dr. Locketz's probationary status. MOTION by Councilman Schneider to grant Special Use Permit, SP #93-07, by Animal Medical Clinic, with the following stipulations: (1) No vaccination supplies or medical waste shall be stored on the site; (2) Any alterations to the building will � require issuance of a building permrt; and (3) Future violations similar to those set forth in the Board of Veterinary Medicine's stipulation order against the petitioner shall be grounds for � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1993 PAGE 6 revocation of this special use permit. Seconded by Councilwoman Jorgenson. MOTION by Councilman Schneider to amend the above motion by adding stipulation No. 4, as follows: (4) That this special use permit is contingent on a favorable outcome, at the next official meeting of the Board of Veterinary Medicine, relative to Dr. Locketz's probationary status. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of October 27, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF NOVEMBER 23,1993: A. VARIANCE RE9UESTS, VAR #93-32, BY ANOKA COUNTY: � 1 2 3 4 � TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 8 FEET AT 129 HARTMAN CIRCLE N.E.; TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 15.22 FEET AT 6880 EAST RIVER ROAD N.E.; TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 28.44 FEET AT 102 71ST WAY N.E.; AND TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 31 FEET, AND TO REDUCE THE LOT AREA FROM 9,000 SQUARE FEET TO 8,363.52 SQUARE FEET AT 7095-99 HICKORY DRIVE N.E.: Ms. Dacy, Community Development Director, stated that these variances are requested by Anoka County in con7unction with the widening of East River Road. She stated that the improvement pro�ect starts at Hartman Circle and extends north to Glen Creek Road. Ms. Dacy stated that the variances are as follows: (1) reduction of the front yard setback from 35 feet to 8 feet at 129 Hartman Circle; (2) reduction of the front yard setback from 35 feet to 15.22 feet at 6880 East River Road; (3) reduction of the front yard setback from 35 feet to 28.44 feet at 102 71st Way; and (4) reduction of the front yard setback from 35 feet to 31 feet and reduction of the lot area from 9,000 square feet to 8,363.52 square feet at 7095-99 Hickory Drive. FRIDLEY CITY COUNCIL MEETING OF DECEMSER 13, 1993 PAGE 7 � Ms. Dacy stated that meetings were held with the property owners, and members of the County where staff was present. She stated that if the County intends to acquire a portion of right-of-way for the expansion and the variance is not granted, the property will become non-conforming. She stated that it is the County's wish to compensate the property owner for non-conforminq status. She stated that if a home is non-conforming and is destroyed to more than fifty percent of its fair market value, the property owner will be required to build the home at the required setbacks or apply for a variance at that time. Ms. Dacy stated that if the County acquires the additional right- of-way and the variance is granted, the property becomes conforming, and the property owner is compensated merely for the value of the property necessary for the right-of-way. She stated that despite the outcome of the variance request, the County may acquire property in either conforming or non-conforming status and could sell the property to a willing buyer. Ms. Dacy stated that at the Appeals Commission meeting, the property owners at 129 Hartman Circle and 6880 East RiVer Road testified that they wanted the variances for their properties to be denied. She statefl that the Appeals Commission was in agreement and recommended denial of the variances for these two properties. � Ms. Dacy stated that the property owner at 1D2 71st Way testified for approval of the variance, and the property owner at 7095-99 Hickory Drive was not in attendance at the Appeals Commission meeting. She stated that the Appeals Commission recommended approval of the variances for the properties at 102 71st Way and 7095-99 Hickory Drive. Ms. Dacy stated that in response to the action of the Appeals Commission, the County submitted a letter withdrawing their request for variances for the properties at 129 Hartman Circle and 6880 East River Road. She stated that because the County was the petitioner for the variances, the property owners were contacted to consent to the withdrawal. She stated that the property owners at 129 Hartman Circle, Mr. and Mrs. Gerald McDonald, indicated that they did not want to withdraw the variance request. She stated that the other property owner at 6880 East River Road, Ms. Anna Wichern, has not decided whether the variance should be withdrawn. Mayor Nee asked who has the right to withdraw the request for the variances. Ms. Dacy stated that she understands the property owner has to consent to the withdrawal. � Mr. Aerrick, City Attorney, stated that normally the City requires �hat thQ fee own�r of th� prop�r�y j��n in a��qu�st fQr Va�ic�nae even though the fee owner may not be the party that is actively .� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 1993 PAGE 8 � seeking the variance. He stated in that sense, the property owner has a legitimate position as far as the request for variance is concerned. He stated that he felt there is perhaps a mis-statement of the law in alt�rnative No. 2 listed in the staff report. He stated that the rule for determining damages in a condemnation case is what was the value of the property before the condemnation and the value of the property after the condemnation. He stated that if the County acquires the additional right-of-way and the variance is granted, he did not agree that the property owner is compensated merely for the value of the property necessary for the right-of- way. He stated that it is still the difference between the market value before and after condemnation. Mrs. McDonald, 129 Hartman Circle, stated that they requested the variance because �hey felt this was the procedure they needed to follow. She stated that they had the impression that it probably would not be granted anyway. She stated that she did not know if it would be to their advantage to have this variance. Councilwoman Jorgenson stated that she attended a meeting held with Mike Kelly of the Anoka County Highway Department and the residents. He stated that it was suggested by Mr. Kelly and agreed upon by Michele McPherson of City staff that the variance process should proceed through the Appeals Commission and the Council to � obtain a vote on this variance request. She stated that she believed the McDonalds and Ms. Wichern felt that they would proceed with the variance even though it is close to their properties. Councilwoman Jorgenson stated that there was also some discussion about what would �appen if the County were to purchase the homes. She stated that the County indicated they could probably re-sell the homes, and she inquired if a mortgage could be taken on the properties. The response was that this could be done. Council- woman Jorgenson stated that she has checked with Prudential Home Mortqage. Under this situation, they would not issue a mortgage on these properties. She stated that the McDonald home could not be made to be a legal conforming use, but the Wichern home could be relocated on t�e lot to make it a conforming use. She stated that the trees on�these two properties show scars where vehicles have hit them. She felt there is a public safety issue involved if the variances are approved for these two properties. Mr. Michael Kelly, Anoka County Highway Department, stated that he had no objection to accepting the recommendation of the Appeals Commission. He stated that when they first met with the property owners and asked if they wanted to proceed with the variance, all four property owners signed the petition. He stated that at the Appeals Commission meeting, it was discovered there was confusion on whether this was good or bad and, therefore, the County simply � withdrew the variance re�uest for the McDonald and Wichern properties, He stated that at this time, the County is willing to deal with them on the same basis as every other property owner in FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 1993 PAGE 9 � that area. He stated that the County was not trying to force the variances on them. Mayor Nee asked if the County felt this was a safe encroachment. Mr. Kelly stated that the County runs into encroachment problems on every project. He stated that there are properties on several projects that have an eight foot setback, and they have elected to remain in their homes. He stated that they make an offer based on the definition of damages, as the City Attorney outlined. He stated that if damages are significant, the County will offer to purchase the entire property. He stated that often the property owner wishes to remain in the home, and the County honors that decision. Ms. Dacy stated that with the improvement, the proposed curb would be 22 feet away from the McDonald's home, and it is now 43 feet away. She stated that for the Wichern property, the curb is 52 feet from the home and with the improvement, it would be 33 feet. She stated that the lot line itself would be 15 feet on the Wichern property and S feet on the McDonald property. Mayor Nee stated that he would have a problem approving the variances for these properties. � Mr. Scott Williamson, Northeast Suburban Chapter of Habitat for Humanity, stated that he represented the home owner at 102 - 71st Way, and the property owner is in favor of the variance for his property. MOTION by Councilwoman Jorgenson to deny that portion of Variance Request, VAR #93-32, for the properties at 129 Hartman Circle and 6880 East River Road. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to grant that portion of Variance Request, VAR #93-32, for the property at 102 71st Way N.E. to reduce the front yard setback from 35 feet to 28.44 feet, and for the property at 7095-99 Hickory Drive to reduce the front yard setback from 35 feet to 31 feet and reduce the lot area from 9,000 square feet to 8,363.52 square feet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REQUEST. VAR #93-33, BY KIM J. MILLER OF MILLER FUNERAL HOME, TO REDUCE THE SIDE YARD SETBACK FROM 15 FEET TO 3 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION FOR THE USE OF HEARSE LOADING AND UNLOADING, GENERALLY LOCATED AT � 6210 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that this is a request to reduce the side yard setback from 15 feet to 3 feet to FRIDLEY CITY COUNCIL MEETING OE DECEMBER 13. 1993 PAGE 10 � allow for the expansion of an existing canopy on the north side of Miller Funeral Home at 6210 Highway 65 N.E. She stated that the Council has granted variances in the past to this setback. Ms. Dacy stated that the Appeals Commission recommended approval with two stipulations, which she outlined. Mr. Herrick, City Attorney, asked if the property owner to the north has expressed an opinion one way or the other on this request. Ms. Dacy stated that the property owner to the north was notified of the variance request, but the City has not received a response either in favor nor in opposition. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and qrant Variance Request, VAR #93-33, with the following stipulations: (1) the proposed addition shall comply with fire and building codes; and (2) the proposed addition shall be architecturally compatible and constructed of similar materials as the rest of the building. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 9. CONSIDERATION OF POSSIBLE PUBLIC NUISANCE ABATEMENT AT 7419 MCKINLEY STREET N.E.: Ms. Dacy, Community Development Director, stated that staff received petitions from the neighboring residents regarding the condition of the property at 7419 McKinley Street. She stated that a letter dated November 30, 1993 was sent to the owner regarding four issues that had to be resolved. She stated that two of these items, the outside storage of the large dumpster and the outside storage of assorted materials located in and ad�acent to the driveway and front yard areas, have been corrected. She stated that the other two items concerning the vehicle and utility trailer have not been resolved. Ms. Dacy stated that Chapter 110 of the City Code allows the Council, upon a determination of a public nuisance existing, to proceed with an abatement and remove the items not in compliance with the code and charge the cost against the property. She stated that staff is recommending the abatement to correct the remaining problems on the property. Mr. Scott Larson, 1651 Onondaga Street, stated that the property has been a problem, as the people who live there do not take care of the property. He stated that there is an odor from the materials stored on the property. He stated that he was perturbed when the Police Department raided the home and neglected to inform � the neighbors, as his son was out in the yard with a baby sitter when the polic@ cam� with guns. FRIDLEY CITY COUNCIL MEETING OF DECEMHER 13. 1993 PAGE 11 � Councilwoman Jorgenson stated that she met with Mr. Larson at his home. At that time, there was a large dumpster in the yard which has been removed, but there still is a home made trailer loaded with garbaqe and trash. She stated that she was in contact with all but one of the neighbors on this street, and the general consensus of the neighborhood is that they would like this situation corrected. Councilwoman Sorgenson stated that the people living at this home gutted the inside and placed these items into the dumpster. She stated that the residents felt the owner was making an effort, but their needs to be some follow-up on the condition of this property. Mr. Mike Miles, 7436 Stinson Blvd., stated that his home is located in the back of this property. He stated that the trailer was loaded with crushe� cans. He stated that he has a concern with the two dogs being housed on this property, as one is a pit bull. He stated that when his grandchildren visit, he fears allowing them in his bank yard because of the dogs. He stated that there is a general intimidation in the neighborhood from the actions flowing from this house. Mr. Larson stated that he has had a problem with the dogs for many years. He stated that a dog they had at one time at this location bit his brother. � Councilman Schneider stated that if something is not done, it will decrease other home values in the area. He stated that the house is an eyesore in an otherwise beautiful neighborhood. He asked if it may be feasible for the City to acquire this property. Ms. Dacy stated that this may be an option, but the Housing and Redevelopment Authority's initial focus has been on those homes that are abandoned or have severe structural problems. Mr. Miles stated that the new abatement regulations apply to exterior abatement, but he asked if the City could enter a home to view the interior. Ms. Dacy stated that the Chief Building Inspector and Code Enforcement Officer inspected the property to determine if the wark that was being done required a permit. She stated that this was the only issue that was addressed at the time. Councilwoman Jorqenson stated that when the Council discussed this public nuisance abatement ordinance, the intent was not for this to apply to interiors of single family homes but to the exterior. Mr. Herrick, City Attorney, stated that if conditions inside the home pose a public health problem, the City can request a search � warrant from the court. He stated that in addition to the testimony the Council heard this evening, he felt it would be well for Ms. Dacy to offer any files or correspondence regarding this FRIDLEY CITY COUNCIL MEETING OF DECEMSER 13, 1993 PAGE 12 � property to the Council, which shows that there has been a public problem over a period of time. He felt that the petition and City's file on this property should be received. MOTION by Councilman Schneider to receive Petitions No. 17-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that on one of the petitions there were several signatures of people not living in the neighborhood but who come into the area for daycare for their children. Ms. Dacy stated that staff's file on this property contains records of phone calls, complaints on this property, and letters sent to the property owner. She stated that the City is required to maintain the anonymity of complainants. MOTION by Councilman Schneider to receive the record of City files on this property as summarized by Ms. Dacy. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman 5chneider that the police file regardinq animal complaints and otiher suspicious activities at this property � be made part of the record. MOTION WAS WITHDRAWN. Mr. Herrick felt that the abatement and enforcement action should be limited to the four items outlined in the letter af November 30, 1993 to the property owner, two of which have been resolved. He felt that if there are other conditions on the property that need to be abated, they have to be documented. Councilman Billinc�s stated that the Council is acting in the capacity as a judge on whether or not to order the abatement. He felt that since Councilwoman Jorgenson had circulated the petition, it is a case of o�e of the judges presenting the evidence. Councilwoman Jorgenson stated that she was contacted by several neighbors who were concerned about their own safety in circulating the petition, andishe volunteered to circulate the petition in the neighborhood. She asked Mr. Herrick, City Attorney, her position in voting for an abatement of a nuisance on this property. Mr. Herrick, City Attorney, suggested that Councilwoman Jorgenson abstain from voting on a motion regarding this property. MOTION by Councilman Schneider that based on evidence and information presented by staff, the record of correspondence to the property owner dating back to May 28, 1993, testimony of Mr. Larson � and Mr. Miles, and personal inspection of the property and the video taken today, it has been found that the property at 7419 McKinley Street constitutes a public nuisance and staff is FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1993 PAGE 13 � directed to abate said nuisance as early as possible consistent with due process._ Seconded by Councilman Billings. Upon a voice vote, Councilman Schneider, Councilman Billings, and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson abstained from voting. Mayor Nee declared the motion carried. 10. RESOLUTION NO. 104-1993 DESIGNATING TARGET NEIGHBORHOODS TO COMMUNITY REHABILITATION FUND PROGRAM: Ms. Dacy, Community Development Director, stated that this resolution designates target neighborhoods to receive funding under the Minnesota Housing Finance Agency's Community Rehabilitation Fund Program. She stated that the designated neighborhoods are identified as Target Neighborhood 1 bounded by 57th Avenue on the south, University Avenue on the east, Main Street on the west, and 61st Avenue on the north. She stated that the other designated neighborhood is identified as Target Neighborhood 2 bounded by 53rd Avenue on the south, 7th Street on the east, I-694 on the north, and University Avenue on the west. MOTION by Councilman Billings to adopt Resolution No. 104-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 11. RESOLUTION NQ. 105-1993 APPROVING PLAT, P.S. #93-04, NORTHCO BUSINESS PARK 4TH ADDITION (GENERALLY LOCATED AT 500 73RD AVENUE N.E.1: Ms. Dacy, Community Development Director, stated that Councilman Billings had reque,sted that staff review the original stipulations for Northco Business Park lst Addition to determine if there were outstanding stipulations. She stated that staff has determined that there are .no outstanding stipulations that should be conditions of approval for this present request. Councilman Billin�s stated that his concern is the number of driveway accesses ,on 71st and 73rd Avenues were limited when the original Northco Business Park plat was approved. He stated that Council is now considering Northco Business Park 4th Addition. He wanted to make sure the intent of the original plat is being carried out so the City does not end up with five or six driveways onto 73rd Avenue�instead of the one driveway access which was approved with the original plat. Mr. Larry Berg, the attorney representing Northco Business Center, stated that there•are easements based on the original plat, and they do not go away merely because of the replatting. He stated � that the boundary lines of lots have changed, and it may be a good idea to amend that document and provide more up-to-date legal descriptions in or�der to simplify the replattings that have taken place. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1993 PAGE 14 � Councilman Billings stated that with this plat approval, the original stipulations on the access from 71st Avenue which shall be limited to four driveways, and the access from 73rd Avenue which shall be limited to one driveway should probably be resurrected. Mr. Berg stated that whatever Council and staff is comfortable with would be acceptable, as long as there is an understanding that items required in the stipulations that have actually been completed need not be redone. Councilman Billings asked if the terms and conditions of the development agreement would continue to apply for this plat, as was contained in the original plat stipulations. Ms. Dacy stated that the terms and conditions of the development agreement have been completed; and therefore, would not be a stipulation of this plat. MOTION by Councilman Billings to adopt Resolution No. 105-1993, subject to the following stipulations: (1) the development agreement that was executed for the Northco Business Park continues to be in effect for Northco Business Park 4th Addition; (2) a storm drainage plan which either encompasses a comprehensive drainage plan or individual drainage plans for each lot shall be submitted � prior to the issuance of a building permit; (3) access from 73rd Avenue shall be limited to one driveway; (4) access from 71st Avenue shall be limited to four driveways in total for Northco Business Park, Northco Business Park 3rd Addition, and Northco Business Park 4th Addition; and (5) the necessary �oint driveway and parking easements shall be executed for Lots 1 and 2, Block 1. Seconded by Councilwoman Sorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Schneider abstained from voting on the motion. Mayor Nee declared the motion carried. 12. APPROVE AMENDMENT TO 1993 ANOKA COUNTY JOINT POWERS AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM: Ms. Dacy, Community Development Director, stated that in May, the Council approved the 1993 Anoka County Joint Powers Agreement for the residential re�cycling proqram. She stated that this amendment is needed to distribute additional S.C.O.R.E. revenue received by the County, and Fridley would be eligible for up to $78,392 in reimbursement for, expenses. She stated that the City is also eligible for an $8,000 bonus if the abatement goal is met and, at this time, it appears Fridley will meet this goal. MOTION by Councilman Schneider to approve Amendment No. 1 to the Residential Recycling Agreements. Seconded by Councilwoman � Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 1993 PAGE 15 � 13. ESTABLISH PUBLIC HEARING FOR JANUARY 18. 1994 FOR AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: ' Mr. Hunt, Assistant to the City Manager, stated that at the November meeting of the Charter Commission, the Commission voted to present proposed amendments to Chapter 2 and Section 4.04 of the City Charter to the Council. He stated that a public hearing is requested for January 18, 1994 to consider these proposed amendments. MOTION by Councilwoman Sorgenson to set the public hearing for January 18, 1994 for proposed amendments to Chapter 2 and Section 4.04 of tkte City Charter. Seconded by Councilman Billings. Upon a voice votew all voting aye, Mayor Nee declared the motion carried unanimously. 14. APPROVE 1994 AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE ETC FRIDLEY COMMLJNICATIONS WORKSHOP: Mr. Hunt, Assistant to the City Manager, stated that each year the Council authorizes'that a portion of the cable television franchise fee be given to the public access workshop. He stated that the amount authorized for 1994 is $36,548, and it is requested the � Council authorize�and execute this agreement. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into this agreement with the ETC Fridley Communications Workshop. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. „ 15. APPROVE PAYMENT TO THE CITY OF NEW BRIGHTON FOR CITY OF FRIDLEY'S COSTS ASSOCIATED WITH THE TCAAP WATER INTERCONNECTION PROJECT: Mr. Flora, Public Works Director, stated that when entering into the TCAAP agreeme�t with the Army, there were certain items which were to be paid by Fridley. He stated that these costs included concrete curbing on one side of Benjamin Street, repair of a sewer line on Camelot Lane, the differential cost between asphalt and concrete curbing on 64th Avenue, and the storm sewer catch basins and piping install,ed on 64th Avenue. He stated that these items amounted to $102,606.28, and it is recommended that the City of New Brighton be reimbursed for these costs associated with the TCAAP Interconnection Project. MOTION by Councilman Schneider to authorize payment in the amount of $102,606.28 to the City of New Brighton for Fridley's costs � associated with the TCAAP Interconnection Pro�ect. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13. 1993 PAGE 16 � 16. RESOLUTION NO. 106-1993 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: SANITARY SEWER REPAIR PROJECT N0. 263: MOTION by Councilwoman Jorgenson to adopt Resolution No. 106-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro ,Tem Schneider declared the motion carried unanimously. 17. RESOLUTION NQ� 107-1993 ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR WELL NO. 1 REPAIR AND MAINTENANCE PROJECT N0. 264: Mr. Flora, Public Works Director, stated that in the 1994 Water Capital Improveme�t Plan, the Council identified funds to repair Wells No. 8 and 1T. He stated that Well No. 1 has been pulled due to poor pumping capacity, and it has been determined that most of the parts need to be replaced. He stated, therefore, staff would like to reschedule the repairs to Well No. 11 for 1995, and repair Well No. 1 instead in early 1994. MOTION by Councilwoman Sorgenson to adopt Resolution No. 107-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. � 18. RESOLUTION N0. 108-1993 ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR WELL N0. 8 REPAIR AND MAINTENANCE PROJECT NO. 264: r� MOTION by Councilman Billings to adopt Resolution No. 108-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro � Tem Schneider declared the motion carried unanimously. , 19. RESOLUTION NO. 109-1993 BY THE CITY OF FRIDLEY ADOPTING THE PERMANENT RULES OF THE WETLAND CONSERVATION ACT: Mr. Flora, Public, Works Director, stated that the Board of Water and Soil Resources, is requiring a local government unit (LGU) be identified by January 1, 1994 for the metropolitan area. He stated that since Fridley has already delineated the wetland areas and is the best orqaniz,ation to manage any wetland impact, it is recommended that the City designate itself as the LGU for areas within its boundaries. He stated that this resolution satisfies the Board of Water and Soil Resources' requirements. He stated that staff will ibe notifying the Environmental Quality Board Monitor of the City's decision to not publish individual notices for small wetland impacts. � Councilman Schneider asked if there is a significant cost or liability. � i�l; II �ii FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1993 PAGE 17 � Mr. Flora said that the state legislature has established certain fees to be collected, but he did not know exactly what it will cost the City. MOTION by Councilwoman Jorgenson to adopt Resolution No. 109-1993. Seconded by Counc'ilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. RESOLUTION NQ. 110-1993 AMENDING THE REPAYMENT SCHEDULE OF A LOAN TO THE FRIDLEY HISTORICAL SOCIETY: I„ MOTION by Councilman Billings to adopt Resolution No. 110-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. RESOLUTION NO. 111-1993 AUTHORIZING REDEMPTION OF GENERAL OBLIGATION SPECIAL ASSESSMENT FUND BONDS OF 1982: Mr. Pribyl, Finance Director, stated that this resolution provides for early retirement of the debt service the City incurred for street pro�ects in 1982. He stated that this saves the City the interest on the remaining debt. MOTION by Councilman Schneider to adopt Resolution No. 111-1993. � Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. RESOLUTION Np. 112-1993 AUTHORIZING REDEMPTION OF GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS OF 1986: Mr. Pribyl, Finance Director, stated that this resolution provides for early retirement of the debt service regarding special assessment pro�ects for bonds issued in 1986. He stated that this saves the City the interest on the remaining debt. MOTION by Councilman Schneider to adopt Resolution No. 112-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. RESOLUTION IQO. 113-1993 AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1994 CALENDAR YEAR: Mr. Hunt, Assistant to the City Manager, stated that this resolution provides for an increase in compensation for City employees for 1994. He stated that a three percent cost of living increase is propo5ed, a$20.00 per month increase in the amount of family health insurance, an inclusion of $25,000 of group term life insurance, and a three percent increase in any mileage allotments. � MOTION by Councilman Schneider to adopt Resolution No. 113-1993. Seconded by Councilwoman Jorgenson. FRIDLEY CITY COUNCiL MEETING OF DECEMBER 13. 1993 PAGE 18 � Councilwoman Jorgenson stated that this increase does not apply to the Councilmembers. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 24. RESOLUTION NO. 114-1993 DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS FOR 1994: MOTION by Councilman Schneider to adopt Resolution No. 114-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that the Council meetings are referred to as regular and_conference meetings. He stated that he does not know if there is anything in the state statute that defines the difference between a regular or conference meeting. He stated that the proposed City Charter amendments may be something the Council will have to deal with in regard to which are regular and which are conference meetings. A. CONSIDERATION TO CANCEL THE DECEMBER 20. 1993 REGULARLY SCHEDULED CITY COUNCIL MEETING: � MOTION by Councilman Schneider to cancel the December 2D, 1993 regularly scheduled City Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. APPROVE LEGAL SERVICES AGREEMENT BETWEEN BARNA, GUZY & STEFFEN, LTD., AND THE CITY OF FRIDLEY: MOTION by Councilman Schneider to authorize the City Manager to enter into this agreement for legal services with Barna, Guzy & Steffen, Ltd. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting,aye, Mayor Nee declared the motion carried unanimously. 26. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. , 27. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claim Nos. 52923 through 5316,4. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � ' � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1993 PAGE 19 28. 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 motian carried unanimously. 29. ESTIMATES: MoTION by Council,woman Jorgenson to approve the estimates as submitted: Gunderson Brothers 2325 Snelling Avenue Minneapolis, MN 55�04 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 245 FINAL ESTIMATE . . . . . . . . . . . . . . . $3,406.98 Northwest Asphalt 1451 County Road 18 Shakopee, MN 55379 1993 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No.,8 . . . . . . . . . . . . . . . $2,936.78 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT' MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mo,tion carried unanimously and the Regular Meeting of the Fridley Crty Council of December 13, 1993 adjourned at 10:12 p.m. i Respectfully submitted, Carole Haddad Secretary to the City Council Approved: 1 William J. Nee Mayor