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11/27/1995 - 00001432� � � THE MINUTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 27, 1995 The Regular Meeting of the Fridley City Council was called to order at 7.40 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: MEMSERS ABSENT APPROVAL OF MINUTES: Mayor Nee, Councilman Billings and Councilman Schneider Councilwoman Jorgenson and Councilwoman Bolkcom COUNCIL MEETING, NOVEMBER 13. 1995: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA• Mr. Surns, City Manager, reviewed the proposed consent agenda items NEW BUSINESS 1 E APPROVE PARK NAME FOR PARK PROPERTY SOUTH OF RICE CREEK TOWN$OUSES: Mr. Burns, City Manager, stated that the Parks and Recreation Commission recommended that the park be named Creek View Park. He stated that the neighborhood has been polled, and out of the eight persons responding, seven indicated that they liked the name Creek View Park for the park property south of the Rice Creek Townhouses. He stated that it is recommended that Council approve this name for the park and authorize the in- stallation of a park sign in early spring. APPROVED THE NAME OF CREEK VIEW PARK FOR THE PARK PROPERTY SOUTli OF THE RICE CREEK TOWNHOUSES AND AUTHORIZED THE IN- STALLATION OF A PARK SIGN. APPROVE HOUSING GOALS AGREEMENT FOR THE METROPOLITAN LIVABLE COMMUNITIES ACT: Mr. Eurns, City Manager, stated that at the October 23, 1995 meeting, Council elected to participate in the housing � FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 27. 1995 PAGE 2 incentives program and agreed to support the six principles of the Act He reviewed the benchmarks and stated that the City agrees to use benchmarks established for this area regarding affordability, life-cycle, and density. He stated that the City is now within these benchmarks APPROVSD THE HOUSING GOALS AGREEMENT FOR THE METROPOLITAN LIVEABLE COMMUNITIES ACT AND AUTHORIZED THE bIAYOR TO SIGN SAME. 3 FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 31, ENTITLED "PAWN SHOPS." BY AMENDING SECTIONS 31.06, 31 11, 31.12. 31.13. AND ADDING NEW SECTION 31.14, AND RENLTMBERING THE REMAINING SECTIONS CONSECUTIVELY. AND AMENDING CHAPTER 11, "GENERAL PROVISIONS 71ND FEES:" Mr. Burns, City Manager, stated that the Public Safety Director, David Sallman, is recommending seven changes to Chapter 31 of the City Code He stated that these changes would: (1) limit the number of pawn shop licenses in the City to three; (2) require that record keeping conform with re- quarements of automated record keeping software being de- veloped by the Minneapolis Police Department; (3) provide � changes in customer identification; (4) require that the pawned items be stored on the premises; (5) limit the conditions under which property may be received by the licensee; (6) limit the conduct of persons on the licensed premises; and (7) raise the annual pawn shop license from $8,000 to $15,000 a year to cover the cost of enforcement and monitoring. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 4. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 216. ENTITLED "STORM WATER DRAINAGE UTILITY" BY AMENDING SECTION 216.04: Mr. Burns, City Manager, stated that this amendment would allow storm water drainage fees to be set by Council resolution. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. RESOLUTION N0. 89-1995 CONFIRMING THE AMOUNTS HELD IN CHANGE FUNDS WITHIN THE GENERAL FUND AND MLiNICIPAL LIOUOR FUND• � Mr. Burns, City Manager, stated that this resolution consoli- dates all of Council's previous actions on change funds, as well as approves an increase of 5100 in the change fund at the front counter. He stated that the front counter change fund � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27. 1995 PAGE 3 needs to be increased to allow for a second cash drawer that will be used on Tuesday nights when City offices are open until 7:00 p.m ADOPTED RESOLUTION NO. 89-1995. 6 RESOLUTION N0. 90-1995 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO SPRING LAKE PARK LIONS (LONGHORN GRILL & BAR1 (WARD 3)• Mr. Burns, City Manger, stated that this is a request to allow a lawful gambling premises permit at Longhorn Grill and Bar by the Spring Lake Park Lions ADOPTED RESOLUTION NO. 90-1995. 7. CLAIMS: PAYbIENT OF CLAIM NOS. 65190 THROIIGH 65414. 8. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE � LICENSE CLERK'S OFFICE. No persons in the audience commented on the consent agenda items. MOTION by Councilman Schneider to approve the consent agenda items. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA MOTION by Councilman Schneider to adopt the agenda as submitted Seconded by Councilman Billings Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously OPEN FORUM. VISITORS. There was no response from the audience under this item of business PUBLIC HEARINGS: 9. PUBLIC HEARING TO AMEND REDEVELOPMENT PROJECT AREA N0. 1. AND CREATE TAX INCREMENT FINANCING DISTRICT N0. 14: MOTION by Councilman Billings to waive the reading of the public � hearing notice and open 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 opened at 7:52 p.m. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27, 1995 PAGE 4 Ms Dacy, Community Development Director, stated that the subject parcel is located at the southeast corner of 73rd Avenue and the University Avenue Service Drive She stated that the pro�ect is to be known as the Fridley Business Center and will consist of a one-story 88,000 square foot building for use as office/warehouse. She stated that the parcel is in an M-2 zoning district, and it is anticipated that companies involved in printing, electronics, and high technology would occupy the space. She stated that there are vacation and variance requests associated with this pro�ect She stated that the developer has indicated they have tentatively iden- tified a tenant for about half the space and need occupancy in the spring of next year. Ms. Dacy stated that tax increment financing assistance is re- quested for this pro�ect, and the site is already in a redevelop- ment pro7ect area. She stated that there has been conceptual approval by the Housing and Redevelopment Authority for assistance in the form of a loan and a grant for soil correction and reloca- tion of the storm sewer on this site She stated that the soil reports indicate that there are a number of areas where peat and organic clays need to be removed and silty sand needs to be replaced. She stated that approximately 27,000 cubic yards of fill is needed on the site after removal of the poor soils. Ms Dacy stated that this would be Tax Increment Financing District No 14, but there will only be eleven active tax increment finan- cing districts, as two districts, No 4 and 5, were decertified in 1994 and 1995, and District No 8 will be decertified in 1996. She stated that this new district would expire in the year 2006. She stated that the LGA/HACA penalty can be avoided by paying a local contribution equal to ten percent of the annual tax increment She stated that by paying the local contribution from unrestricted revenue from the HRA, a savings of $129,815 would be realized. Ms. Dacy stated that after the public hearing this evening, a reso- lution to create this district will be submitted to the Council on December 11. The HRA will consider the development contract for assistance on December 14. No persons in the audience spoke regarding the creation of this tax increment financing district. MOTION by Councilman Schneider to close the public hearing Seconded by Councilman Billings Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:58 p m 10 PUBLIC HEARING ON VACATION REOUEST, SAV #95-04, BY GARY HEDMAN, TO VACATE A UTILITY EASEMENT, GENERALLY LOCATED AT 60-70TH WAY N.E. (WARD 31 MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing Seconded by Councilman � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27, 1995 PAGE 5 Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7 58 p.m. Mr. Hickok, Planning Coordinator, stated that this request is to vacate a utility easement at 60 70th Way N.E He stated that the petitioner's home was constructed over the easement, and this en- croachment was revealed at a recent sale of the home He stated that the title company is requesting this easement be vacated. Mr. Hickok stated that the Planning Commission recommended approval of this vacation with two stipulations: (1) the petitioner dedi- cate a new utility easement adjacent to the westerly lot line of the subject parcel, and (2) a verifying survey shall be submitted by the petitioner, which shall determine the width of the new easement between the dwelling and the westerly lot line In all other areas along the west lot line, the easement shall be ten feet and shall be indicated on said survey and, in no case, will the easement be required to be wider than ten feet on this property He stated that staff concurs with the recommendation of the Planning Commission No persons in the audience spoke regarding this proposed vacation � request. MOTION by Councilman Billings 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 8 01 p.m. 11 PUBLIC HEARING ON VACATION REOUEST, SAV #95-05, BY INDUSTRIAL �UITIES, TO VACATE DRAINAGE AND UTILITY EASEMENTS ORIGINALLY DEDICATED ON THE RECORDED PLATS OF NORTHCO BUSINESS PARK AND NORTHCO BUSINESS PARR 2ND ADDITION, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF 73RD AVENUE AND NORTHCO DRIVE (WARD 1) MOTION by Councilman Billings to waive the reading of the public hearing notice and open 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 opened at 8 O1 p.m. Mr Hickok, Planning Coordinator, stated that this is a request for vacation of a 20 foot drainage and utility easement to allow the construction of an office/warehouse industrial building He stated that the 24 inch storm water line will be relocated Mr. Hickok stated that this request has been reviewed by the � Planning Commission, and staff concurs with the recommendation for approval with two stipulations. (1) the petitioner shall maintain the storm water drainage system from the manhole located in the southeast corner of the parking lot and the outlet located at the � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27, 1995 PAGE 6 intersection of 73rd Avenue and the East University Avenue Service Road; and (2) the petitioner shall execute and record against the property a storm water pond maintenance agreement Mr. A1 Quam, 399 73rd Avenue N E, stated that he would like Council to withhold approval of this vacation until such time that an acceptable landscaping plan can be developed. He suggested landscaping in the 73rd Avenue median to screen this property from the neighborhood to the north. Mr. Hickok stated that all the setbacks have been met, and the amount of landscaping is based on the building dimensions. He stated that he believed the landscaping plan can be designed to meet code requirements and enhance the site. Councilman Schneider stated that landscaping in the boulevard area would have to be maintained, and asked Mr. Quam if the residents would be willing to pay extra taxes for this maintenance Mr. Quam stated that he would be willing to pay for the maintenance. He also suggested that if some landscaping could be placed in the median, it would spare the residents from looking at the development. Councilman Schneider felt that was is a planning issue, and the item before Council at this time is a public hearing for the vacation o£ an easement. Councilman Billings stated that as he understands, Mr Quam is requesting that the petitioner or the City pay for some land- scaping, and he did not feel the issue of the vacatzon and land- scaping are connected. Mr. Al1en, the petitioner, stated that he felt the landscaping could be worked out He stated that there is not a great deal that would be required but perhaps Some majestic spruce. He assured Council that this pro�ect is not something Mr Quam would ob�ect to looking at and would be a credit to the neighborhood. Mayor Nee stated that he takes this as an offer to work out the landscaping and keep in contact with the residents on the plans. MOTION by Councilman Billings 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 8:17 p.m. 12. PUBLIC HEARING ON STONYBROOK CREEK IMPROVEMENT PROJECT NO. 246• MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27, 1995 PAGE 7 Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:17 p.m Mr. Flora, Public Works Director, stated that this public hearing is necessary to initiate the project for the improvement of Stony- brook Creek He stated that Petition Number 6A-1995 was received signed by eleven property owner5 agreeing to the $2,000 assessment and waiving the right to a public hearing. He stated that a petition has now been received from seven property owners supporting this improvement, the $2,000 assessment, and waiving the right to a public hearing He stated that these two petitions incorporate all of the properties on the Stonybrook Creek portion of the project. Mr. Flora recommended that the petition be received and the public hearing be closed. No persons in the audience spoke regarding this improvement pro�ect for Stonybrook Creek. Councilman Schneider stated that a letter was received regarding the easements. Mr. Flora stated that easements have been executed except for two properties, and the majority are permanent easements. He stated that the Netzs and Martins indicated that they will sign the construction easements after they are changed to indicate a temporary easement and a final drainage utility easement. He stated that the Sombrios indicated that they will szgn a release agreement once the project has been completed. He stated that once work is completed the easements will allow for maintenance on the pipe and ditch systems. MOTION by Councilman Billings to receive Petition No 12-1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:23 p m NEW BUSINESS 13 VARIANCE REOUEST. VAR #95-31, BY ANTHONY AND SOYCE SWANSON, TO REDUCE THE SIDE YARD SETBACK FROM A STREET RIGHT-OF-WAY FROM 17.5 FEET TO .5 FEET TO ALLOW RECONSTRUCTION OF A GARAGE, GENERALLY LOCATED AT 6601 LUCIA LANE N.E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that this is a request to allow a variance from the required setback of 17 5 feet to .5 feet � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27, 1995 PAGE 8 for a side yard on a corner lot adjacent to a public right-of-way. He stated that the variance is requested to allow the reconstruc- tion of a garage Mr. Hickok stated that the Planning Commission and staff reviewed this variance request and determined that there are really three alternatives. He stated that these alternatives are (1) to vacate the 66th Avenue right-of-way between Lucia Lane and Pierce Street, (2) locate the garage behind the house 17 5 feet from the property line; and (3) locate the garage behind the dwelling facing the south property line and 25 feet from the rear property line and acquire an ea5ement from the City to drive on the 66th Avenue right-of-way to access the garage. Mayor Nee asked if 66th Avenue was closed if it would adversely affect the traffic in the neighborhood. Mr. Hickok stated that the potential for a street is debatable. He stated that, at this time, it is landscaped property that is being enjoyed by the property owners Mr. Flora, Public Works Director, stated that the right-of-way for 66th Avenue has been acquired to provide access between Lucia Lane � and Pierce Street. He stated that this provides the City possibilities for future development. Councilman Schneider stated that the only reason for the variance is because of the platted right-of-way. He felt that if a street has not been constructed in Che last thirty years, it should probably be determined if there is a need for the right-of-way. He stated that he can see the need to continue Pierce Street in order to open up possible development of lots in the future, but he questioned if the 66th Avenue right-of-way was really needed. Mr Flora stated that the 66th Avenue right-of-way is another way of distributing traffic if Pierce Street is opened He stated that if this right-of-way is vacated, it eliminates an option Mr. Hickok stated that if 66th Avenue was vacated the land would be added to the four adjacent properties This would increase the value of these properties from $2,000 to $3,900, and increase taxes in a range of $44 to $86 per year. He stated that for this particular site, the value would increase by $2,700, and taxes would be increased by $59 per year. MOTION by Councilman Billings to table this variance request and request staff to submit a report on the pros and cons of vacating the 66th Avenue right-of-way. MOTION FAILED FOR LACK OF A SECOND. � Councilman Schneider stated that he did not feel the variance is very significant. He proposed to grant the variance and, if the City vacates the easement, the petitioner would accept it He 1 � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27, 1995 PAGE 9 stated that this right-of-way is being used now by all the ad�acent property owners, and it seems the right-of-way should be vacated and added to the tax rolls MOTION by Councilman Schneider to grant Variance Request, VAR #95-31, with the stipulation that should the 66th Avenue right-of- way be vacated by the City, the petitioner agrees to accept this parcel, maintain it, and pay taxes on it. Further, to direct staff to report on the pros and cons of vacating 66th Avenue Seconded by Councilman Billings Councilman Billings stated that he has a problem of approving a variance that is within six inches of the right-of-way He stated that a variance has already been granted for 14-1/2 feet. He felt that this would be setting a dangerous precedent. He stated that it seems highly unlikely that the street will ever by constructed. If the street is vacated, the variance would not be necessary He stated that if, in fact, the street is needed, a variance would have been approved which is greater than any in the history of the City when there really is not a hardship involved This would be in violation of the spirit and intent of the State statute. He stated that he would vote against the variance because if the street is not vacated and constructed at some future date, the garage would be too close to the street. Councilman Schneider stated that the garage has been there for 25 years, and the street has not been constructed He stated that the alternate location for the garage places it immediately behind the house, and the driveway would have to be much longer. He stated that the options are not very practical, and he did not feel there would be a pressing need to construct this street. Mr. Swanson, the petitioner, stated that if he built the garage in the back, his neighbors would only have a view of the garage instead of the trees He stated that if he rebuilds the garage where it is now located, he is still twelve feet from the right- of-way. For the two foot variance, he would be ten feet from the right-of-way He did not feel that there would be that much of a difference between ten or twelve feet Mrs. Swanson stated that these buildings have been in existence on Lucia Lane over thirty years, and they wanted to improve their property and construct a new garage. Councilman Schneider asked if all four property owners must agree to a vacation. Mr. Hickok stated that the vacation policy for alleys has been to have one hundred percent in support for a vacation. He stated that staff viewed this as being similar to an alley vacation Councilman Billings stated that the most important question is whether adjacent property owners are in favor or opposed, but the � FRIDLEY CITY COUNCIL MEETING OF NOVEbIBER 27, 1995 PAGE 14 vacation is at Council's discretion Ae stated that the policy, in particular to vacation of alleys, is that the City wanted one hundred percent participation because that is an access to a particular property. He stated that in this particular instance, it is not that critical because access to these properties would not be affected. MOTION by Councilman Billings to table Variance Request, VAR #95-31 until the Council meeting on January 8, 1996. Seconded by Council- man Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to direct staff to prepare an analysis of the pros and cons of vacating 66th Avenue and to present a report to the Council prior to the Council meeting of January 8, 1996. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION N0. 91-1995 ADOPTING A DRUG AND ALCOHOL POLICY IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS: � Mr. Hunt, Assistant to the City Manager, stated that in 1988, the Federal government passed a Drug Free workplace Act that led to a policy for all City employees that was approved by Council in May, 1993 He stated that in February, 1994, a new set of regulations were initiated for the Transportation Safety Act that included municipalities. He stated this means that employees who drive large trucks, drivers of buses which transport sixteen or more passengers, or drivers of trucks of any size that transport hazardous materials are sub�ect to these regulations. He stated that the City is required by law to have a policy covering these kinds of occasions. He reviewed the six different kinds of tests Mr. Hunt stated that cities can choose to implement the regulations individually or join a consortium administered by a third party He stated that he is recommending that the City enter into a service agreement with Kerr Transportation Services, Inc. doing business as Metro-Test to administer the City's participation in their consortium He stated that the City Attorney has reviewed the agreement with Kerr Transportation Services, Inc. and recommends that a provision be added that specifies this service agreement ls connected to our policy. He stated that there is no reference as to how much insurance Kerr Transportation should carry which should probably be included. He stated that there also is some language that is apparently omitted under Item 10, Indemnifi- cation, which should be inserted. He recommended that the resolu- � tion be adopted to approve the agreement and that the City Attorney work out the details with Kerr Transportation. MOTION by Councilman Billings to adopt Resolution No. 91-1995. Seconded by Councilman Schneider � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27, 1995 PAGE 11 MOTION by Councilman Billings to amend the last paragraph in Resolution No. 91-1995 by deleting the words "the attached" and substituting the word ��a." 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 15. RESOLUTION N0. 92-1995 ORDERING IMPROVEMENT, FINAL PLANS AND ESTIMATES OF COSTS THEREOF: STONYBROOK CREEK IMPROVEMENT PROJECT N0. 246: Mr. Burns, City Manager, stated that there will be another public hearing process for the ad valorem levy for this project He stated that if this resolution is adopted, the City is authorizing proceeding prior to the ad valorem levy hearing He stated that the Public Works Director feels it is important to begin this pro7ect. MOTION by Councilman Billings to adopt Resolution No. 92-1995. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RECEIVE PROPOSAL AND APPROVE CONTRACT WITH MAIER STEWART & ASSOCIATES FOR DESIGN OF WELL NO 12 FILTRATION PLANT (WARD 2): Mr. Flora, Public Works Director, stated that Maier Stewart & Associates conducted a preliminary study of filtering the City's water system. He stated that by installing a new filter at Well No 12, it would satisfy the City's demand for the removal of manganese and iron by filtering eight millions gallons of water per day. He stated that Maier Stewart & Associates has submitted plans and specifications for a filter plant at Well No 12, and it is recommended that they be contracted to provide the design and construction inspection of the filtration plant for Well No 12 at a cost of $125,465. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into a contract with Maier Stewart & Associates for the design and construction inspection of Well No. 12 filtration plant at a cost not to exceed $125,465 Seconded by Councilman Billings Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17 INFORMAL STATUS REPORTS Mr Burns, City Manager, stated that there were no informal status reports. ' � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 27, 1995 PAGE 12 ADJOURNMENT. MOTION by Councilman Schneider to ad�ourn the meeting Seconded by Councilman Billings Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeta.ng of the Fridley City Council of November 27, 1995 ad�ourned at 9:20 p m. Respectfully submitted, Carole Haddad Secretary to the City Council William J. Nee Mayor