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08/26/1996 - 00002143� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 26, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:40 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the F1ag. ROLL CALL. MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Council- woman Bolkcom None COUNCIL MEETING, AUGUST 12, 1996 MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS. 1. ORDINANCE N0. 1072 TO REPEAL ORDINANCE N0. 1062 PERTAINING TO VACATION OF A DRAINAGE AND UTILITY EASEMENT (IPSDUSTRIAL E4UITIES, 73RD AVENUE P.ND NORTHCO DRIVE) (W.�RD 1). Mr Burns, City Manager, stated that an ordinance approved on January 8, 1996 vacated a drainage and utility easement for property along 73rd Avenue. At Lhe time the vacation was approved, the lot and block descriptions provided by the petitioner were in effect before the property was platted. ^1he property was subsequently platted. The lot and blocic descriptions must be redefined so they are consistent with the platting of the property and to allow the easement vacation to b2 recorded at the County. Nothing in this action changes tne lacation of the easement. WAIVED THE SECOND READING PND ADOPTED ORDINANCE NO. 1072 ON SECOND READING AND ORDERED PUBLICATION, � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 2 PAGE 2 ORDINANCE N0. 1073 UNDER SECTION 1207 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (INDUSTRIAL EQUITIES, 73RD AVENUE AND NORTHCO DRIVE) Mr Burns, City Manager, stated that this ordinance provides a corrected legal description of the Industrial Equities easement vacation. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1073 ON SECOND READIhIG AND ORDERED PUBLICATION. NEW BUSINESS: 3. VARIANCE REQUEST, VAR #96-18, BY THE CITY' OF FRZDLEY, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 25 FEET, AND TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 35 F�ET TO 30 FEET, ALL IN ORDER TO ALLOW THE EXPANSION OF AN EXISTING WELLHOUSE, GENERALLY LOCATED AT 7395 HIGHWAY 65 (WARD 2): Mr. Burns, City Manager, stated that at the time construction began on the filtration plant for Well No 12, the City v✓as unaware that the existing well was a non-conforming structure. � The City has proceeded with construction with the knowledge that the new facility wi11 be no closer tQ Hiqhway 65 (25 feet) than the existing well house. The side yard variance of five feet is a variance for the existing well house. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 4. VARIANCE REQUEST, VAR #96-19, BY CARL �dD MAkGARET CHRISTENSON, TO INCREASE THE HEIGHT OF A FENCE IN THE SIDE YARD FROM 7 FEET TO 8 FEET 3 INCHES, �ENERALLY LOCATED AT 1327 � 5 E. Mr Burns, City Manager, stated that this variance request is related to a physical hardship of the owner. There were no ob�ections from two of the three ad�oining neighbors. Staff and the Appeals Commission recommend approval with the stipulations that the petitioner submit a lerter attesting to the agreement of the third property owner and that the variance runs with the life of the fence THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. VARIANCE REQUEST, VAR #96-20, BY NNRPHY WAREHOUSE, TO ALLOW A SIGN PAINTED DIRECTLY ON A BUILDING, GENERALLY LOCATED AT 4850 MAIN STREET N.E, (WPFtD 3): Mr Burns, City Manager, stated that this is a request to allow a sign to be painted directly on a newly constructed warehouse. There would be very limited visual impact on the � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 6 PAGE 3 neighborhood, and the sign would not be illuminated. Mr. Burns stated that the Appeals Comm�ssion approved the variance with the stipulations that this variance precludes installation of a free-standing sign and that the sign shall be maintained in an attractive manner THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGUI.AR AGENDA. RESOLUTION N0. 59-1996 ORDERING THE REMOVAL OR R�PAIR OF A HAZARDOUS BUILDING, PURSUANT TO MINNESOTA STATUTES, SECTION Mr. Burns, City Manager, stated that this building was originally constructed in 1952 as a single family unit. Since then, it has been connected to a duplex and has a long history of code violations. The property was inspected in June of this year by the City's rental inspector and declared unfit for habitation. None of the City`s attempts to contact the property owners have been successful. Mr. Burns outlined the list of State Building Code violations which involved such items as the heating system, footings, � improper support, plumbing, wiring, etc. Action is being requested under the state's hazardous building statutes. This resolution would order the demolition or repair of the structure. The owners would be notified of this action. If they do not respond within twenty (20) days, che City would seek a court order to enforce resolution. Demolition would occur on or after the date set by the court, and all costs would be assessed against the property 7 8 � ADOPTED RESOLUTION NO. 59-1996. APPROVE A ONE-YEAR EXTENSION OF VAFtIANCE REQUEST, VAR #95-24, BY KENNETH ANDERSON, TO ALLOW CONSTRUCTIODI OF A PORCH AND GARAGE, GENERALLY LOCATED AT 132 RIVERS EDGE WAY N.E. Mr. Burns, City Manager, stated that this variance will expire on September 12, 1996. A one-year extension has been requested by the petitioner, Mr Anderson. APPROVED A ONE-YEAR EXTENSION OF VARIANCE REQUEST, VAR #95-29 ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 16, 1996, FOR THE SALE OF EXCESS PROPERTY LOCATED AT 615T AVENUE AND 7TH STREEZ (WARD 1): Mr. Burns, City Manager, requested that this item be removed from the agenda and placed on the regular agenda. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 9 10 PAGE 4 ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 16, 1996, FOR OSBORNE ROAD STREET IMPROVEMENT PROJECT N0. ST. 1994-5 (WARD 2) Mr. Burns, City Manager, stated that this public hearing is requested in con�unction with the County's plans to improve Osborne Road from Old Central Avenue to Stinson Boulevard. The pro�ect includes street widening, installation of concrete curb and gutter, a sidewalk/bikeway and storm water improvements. The City's share of this pro�ect is $104,077.17 for a portion of the bike path on the north side of Osborne Road and for sidewalk with curb and gutter on the south side of Osborne Road. The curb and gutter portion of the pro�ect would be assessed, and the City would also seek off-system MSA funds for the City's portion of the pro�ect's cost. SET THE PUBLIC HEARING FOR THE OSBORNE ROAD STREET IMPROVEMENT PROJECT NO. ST. 1994-5 FOR SEPTEMBER 16, 1996. DENIAL OF PURCHASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND CP RAIL SYSTEM FOR THE PROPERTY LOCATED AT UNIVERSITY AVENUE AND 73RD AVENUE (WARD 1): Mr. Burns, City Manager, stated that this purchase agreement � was negotiated in the spring of 1995 at the time the City was anticipating the location of a liquor store at this site. The City Council subsequently opted to table the rezoning of the property and to abandon the City`s effort to locate a liquor store at this location. The return of the earnest money was predicated on the Council's denial of the purchase agreement and/or denial of the rezoning. While the earnest money has been returned, he felt it would be wise to satisfy the condition for its return. DENIED PURCHASE AGREEMENT BETWEEN THE CITY AND CP RAIL SYSTEM FOR PROPERTY LOCATED AT UNIVERSITY AVENUE AND 73RD AVENUE. 11 CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 69583 THROUGH 69817. 12 LICENSES: THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 13 ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: � � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 Visu-Sewer Clean & Seal, Inc. 3940 Louisiana Avenue South St. Louis Park, MN 55426 Sanitary and Storm Sewer Repair Pro�ect No, 292 FINAL ESTIMATE . . . . . . . $72,934.80 PAGE 5 Mr. John Nail, representing the owners of the property at 73rd and University Avenues, commented on Item 10 on the consent agenda. He stated he understood that not only was Council going to declare the purchase agreement null and void, but the rezoning was to be discussed. Councilman Billings stated that he apologized for the rezoning not being on the agenda. He was not aware Mr. Nail had been told it would be considered this evening. He stated rt is his under- standing that a company is now negotiating for development of the site. He felt that before action is taken to proceed with the rezoning, Council should be aware of the plans for this srte. He met with two of the principals this afternoon and will be informing the rest of the Council about it at this meeting. Mr. Al Quam, 399 73rd Avenue, asked who would be notified if Lhis parcel is rezoned. Councilman Billings stated that the public hearing was held on the rezoning when the City was considering the purchase of this property. Council would have to decide if there would be another public hearing or �ust to proceed with either approval or denial of the rezoning. It is his intention to send letters to those persons who attended the public hearing advising them when this item will again be on the City Council's agenda. Councilman Billings requested that Items 4 and 12 be removed from the consent agenda. With regard to Item 6, the City has tried to contact the property owners to no avail He asked how the owners could respond within twenty (20) days if the City cannot locate them. Mr. Knaak, City Attorney, stated that by the Council's adoption of the resolution ordering the removal or repair of this structure, the legal process begins. The owners would be served personally, and they have twenty iL0) days to respond Another alternative is publication, if the owner cannot be found Mr Burns, City Manager, requested that Item 8 be removed from the consent agenda. Councilwoman Bolkcom requested that Item 5 be removed from the consent agenda. Mr. Schrader, SSD1 Lakeland Avenue, Crystal, requested that Item 3 be removed from the consent agenda. � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 6 There were no further comments from the audience regarding the proposed consent agenda items. MOTION by Councilman Schneider to approve the consent agenda items with the exception of Items 3, 4, 5, 8 and 12. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda with the addition of Items 3, 4, 5, 8 and 12 from the consent agenda to be considered as Item 21A. Seconded by Councilman Schneider. MOTION by Councilwoman Jorgenson to amend the above motion by adding an employee appointment to the agenda to be considered as Item 21B. Seconded by Councilman Billings. 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. OPEN FORUM, VISITORS: There was no response from the audience under this item of business PUBLIC HEARINGS: 14 PUBLIC HEARING ON THE APPLICATION OF MAIN EVENT FOR AN ITY MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing Seconded by Councilwoman Jorgenson. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:10 p m. Mr. Champa, City Clerk, stated that this is an application for an intoxicating liquor license for the property at 7850 University P.venue. The Public Safety Director and Chief Building Official have recommended approval of the license. The applicant, Mr. Stewart, also owns the Main Event restaurants in New Brighton and Crystal. Councilwoman Jorgenson requested clarification that the liquor license is for the interior of the building only and d�d not � include the outside deck area. Mr. Stewart stated that was correct. Mr. Stewart stated that Main Event would be a full service restaurant with over seventy items on the menu, as well as a children's menu. Menu prices range from $5.00 to $10.00, and they � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 7 offer a ten percent seniors discount. They serve a wide variety of customers of all ages, as it is a family restaurant with televisions and a bar They are conscious of the alcohol and the problems associated with it. They conduct alcohol awareness programs every six months for their servers. � Councilman Schneider stated that this particular location has not been very successful. He asked Mr. Stewart what his plans were to make lt a success. Mr. Stewart stated that he believes the food and service would make them successful. They would make some cosmetic changes in the booths and chairs and probably install a drop ceiling. They hope to open by mid-October. No other persons in the audience spoke regarding this application for an intoxicating liquor licens2. MOTION by Councilwoman Bolkcom to close �he 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 8:18 p.m. 15. PUBLIC HEARING TO CONSIDER THE REVOCATION OF SPECIAL USE PERMIT, SP #95-05, BY HOME DEPOT, FOR A GARDEN CENTER, (]RNFRZIT.T,V T.(1("Z1TF11 71T SFS(1 Mi1TN CTRFFT lTnl➢RTl '21 • MOTION by Councilwoman Bolkcom 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 8:18 p.m. Mr. Hickok, Planning Coordinator, stated that on July 24, 1995, Council approved a special use permit for a garden center at Home Depot with six stipulations. Home Depot has violated these specific stipulations regarding outdoor storage and display. Mr. Hickok stated that on April 19, 1996, the City's Code Enforcement Officer, Kurt Jensen-SChneider issued a formal correction notice; however, the violations continued. Ultimately, a citation was issued, and it went to court. Home Depot's store manager originally plead not guilty to the charges but later changed the verdict to guilty. Mr. Hickok stated that prior to the revised plea of guilty, Home Depot introduced three contact people to resolve issues that arise. They are Mr. McKenna, President, Midwest Division; Thomas Magers, � Real Estate Manager, Midwest Store Support; and Michael Folio, Director of Real Estate, Midwest. These corporate individuals have been committed to resolving remaining issues with the Home Depot store and truly want to be a good neighbor. � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 8 Mr. Hickok stated that the site is now in compliance, and staff is recommending no action. A video was presented of the site before and after compliance with the stipulations. Routine staff inspections will be conducted. If future violations occur, revocation proceedings will be initiated as well as court proceedings. Councilman Schneider asked what guarantees the City has that this will not happen again. Mr. Hickok felt that the internal communication could have been enhanced. Notification of the violations were not being sent beyond this store Councilwoman Bolkcom stated that she believes it is clear that there is to be no outside storage and what is expected for this site. Councilwoman Jorgenson stated that fertilizer was being stored outside. It has to be stored inside and be covered. Mr Tom Magers, Real Estate Manager for Home Depot's Midwest Division, stated it is very clear that it is Home Depot's desire and intent to comply with conditions of the special use permit � granted for operation of the garden center. Home Depot is utilizing every reasonable commercial and business effort to satisfy their customers' needs and the City's requirements related to that permit. � Mr. Magers stated that at a meeting at the Home Depot store with the President of the Midwest Division, the Director of Real Estate for the Midwest, himself, and Ms. Dacy and Mr. Hickok from the City staff, the conditions they were to operate under were communicated clearly Home Depot has demonstrated its intent to comply with the stipulations and has operated in this fashion over the last fifty to sixty days. He believed this good faith effort from Home Depot is a substantial improvement. It provides the City a true basis to allow Home Depot to utilize the garden center and satisfies customer demand. Mr. Magers requested that no action be taken to revoke the special use permit. Regarding the question if this will occur again, certainly Home Depot is a business that has tremendous fluctuating business requirements. This was one of two stores they opened in early sprirg bringing Home Depot to the Twin Cities markeL. They now have four stores serving the area which relieves the pressure of customer demand on the Fridley store. The Fridley store will truly serce the customer base for which it was designed and intended. The volume levels will not be out of the norm like they experienced with the first opening and novelty of Home Depot. Councilwoman Bolkcom stated that there have been concerns from persons in the residential area regarding the truck traffic and parking on residential streets. She asked that a reminder be given to the delivery truck operators that there is no parking on � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 9 residential streets. They should also use 49th and 57th Avenues rather than 53rd Avenue, Mr. Magers stated that he would personally follow-up on providing a notice to the operators of the delivery trucks about parking on residential streets and preferred access routes. Councilman Billings asked the City Attorney if there would be any advantage to imposing a thirty-day suspension of the special use permit so that the City has established a case regarding the past history. Mr. Knaak, City Attorney, stated that in a criminal case, certainly a suspended penalty is often done. However, this is not the case in this instance. Council has completed a review. There was a hearing, and corrective action was taken which does establish a precedent for the future. Mr. Knaak stated that the critical issue was that action was taken when there was an apparent violation of the terms of this permit. If Council fYnds that there has been a violation of the conditions of the permit, irrespective if remedial action was taken, Council can find that the special use permit is no longer in force or effect. � Councilwoman Bolkcom stated that there has been a lot of staff time spent on obtaining compliance with the stipulations of the special use permrt which should not have been necessary as the stipulations were very clear. Councilman Schneider asked if there was a way the City can recoup expenses for enforcing the stipulations if this should happen again. He questioned if language could be drafted into the special use permit ordinance to make provisions for recouping these costs. Mr Knaak stated that as a practical matter, perhaps this could be done. It is not unheard of thaL applicants are required to compensate for losses incurred. This may be worth examining, as the issue has been well researched. He would be happy to provide staff with a memorandum on some of the options. No other persons in the audience spoke regarding the revocation of this special use permit. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 8:48 p m. Mr. Hickox stated that this special use permit could be reviewed in � six months if Council so desired. It was the consensus of the Council that there be a review in six months. � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 NEW BUSINESS: PAGE 10 16. VARIANCE REQUEST, VAR #96-17, BY MICHAEL AND SHERRY PERRETEN, TO REDUCE THE SIDE CORNER SETBACK OF AN ATTACHED ACCESSORY STRUCTURE FACING THE STREET FROM 25 FEET TO 10 FEET, TO ALLOW THE CONSTRUCTION OF AN 8 FOOT BY 24 FOOT GARAGE ADDITION, GENERALLY LOCATED AT 5980 FIFTH STREET N.E. (WARD 1): Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to allow an 8 foot by 24 foot garage expansion for the property located at Fifth Street and 60th Avenue. The variance would be for the setback along 60th Avenue Mr. Hickok stated that the code allows that garages with doors not opening onto the side street can be as close to the right-of-way as 17.5 feet. The overhead door could be relocated to the west end of the new garage and minimize the size of the variance required. Staff recommends this option with several stipulations to reduce the size of the variance. Mr. Hickok stated that the Appeals Commission recommended approval of the variance without the stipulations. � Councilman Billings stated that there are ten foot setbacks with the exception of the south property line which has a 7.5 foot setback. He commended staff for trying to come up with an alternative to minimize the variance. However, in this particular case, the slze of the lot creates a future hardship in that it takes away almost all the useable space of what would normally be a back yard. He supported the recommendation of the Appeals Commission on this variance. � MOTION by Councilman Billings to concur with the recommendation of the Appeals Commission and grant Variance Request, tiAR #96-17 with no stipulations. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously 17. RESOLUTION NO. 60-1996 ADOPTING A"PROPOSED" BUDGET FOR THE Mr. Pribyl, Finance Director, stated that this proposed or preliminary draft budget meets the requirements of the City Charter and the state statutes regarding Truth in Taxation. Budget appropriations for 1997 are as follows. Gen2ral Fund, $10,029,705 (2.44 percent increase); Special Revenue Funds, $889,197 (9.24° increase); Capital Pro�ect Funds, $1,369,190 (2.42°s increase); Agency Fund, no change from 1996. The total budget is $12,293,950 or a 2.9 percent increase over 1996. The tax levy would remain the same. Mr. Pribyl stated that the total budget will be presented in detail at the Truth in Taxation hearing this fall. � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 11 Councilman Schneider asked how this proposed budget affects the taxes for a typical homeowner in Fridley Mr. Pribyl stated that the average homeowner, asstuning a 6.4 percent increase in market value, would realize a nine-tenths percent increase. The tax should be very minimal. Councilman Schneider stated that the net result is that if there is an increase in market value, City taxes could go up about $2 per year. If there is no increase in market value there could possibly be a decrease of $6.00 to $7 00 per year. Mr. Pribyl stated that at this point, these are proposed figures, and the final figures will not be available until December. MOTION by Councilman Schneider to adopt Resolution No. 60-1996. Seconded by Councilwoman Jorgenson. Upon a voice cote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 61-1996 CERTIFYING "PROPOSED" TAX LEVY REQUIREMENTS FOR 1997 TO THE COUNTY OF ANOKA: MOTION by Councilwoman Bolkcom to adopt Resolution No. 61-1996. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. FIRST READING OF AN ORDINANCE AMENDING SECTION 2.06 01 OF THE FRIDLEY CITY CHARTER: Mr. Champa, City Clerk, stated this section deals with vacancies on the Council. He stated that the public hearing for this proposed amendment was held on July 22, 1996, and a Charter amendment requires an unanimous vote of the Council. MOTION by Councilman Billings to waive the readinq and approve the ordinance on first reading. Seconded by Councilwoman Bolkcom. Mr. Bill Hunt, Assistant to the City Manager, stated that the Charter Commission began working on this chapter in 1989 This is the fifth time this item has come before Council. The first issue that caused concern was how to handle a vacancy in mid-term. The other issue was what to do in the case where a councilmember can neither attend nor resign his or her position. It was proposed that if a councilmember is absent for eight consecutive meetings that would be considered a vacancy. Council had some difficulty because of the timing, and this proposed amendment was re�ected Mr. Hunt stated that the Charter Commission reviewed the � declaration of a vacancy which is considered a factual matter. The Charter Commission recommended that the words "without good cause" be removed By eliminating these words, it is a declaration of fact rather than a removal for cause. Councilman Schneider stated that he understands the intent of the Charter Commission, but he felt the language was not clear. � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 12 Mr. Hunt stated that there would have to be a finding of fact in order for a vacancy to be declared even if a councilmember died. Councilman Billings stated that the only change is eliminating the words "without good cause". Certain circumstances are not addressed, but he dld not feel the elimination of these three words would create areas that could be abused by a future City Council, Councilwoman Jorgenson stated that she would support the proposed amendment. It is sometimes difficult to take action on items if a councilmember is absent. Councilwoman Bolkcom stated that she also supported the amendment. She did not believe the elimination of these three words would have any dramatic effect. There are other procedures for recalling a councilmember. Mayor Nee stated that his concern is what would be the test in determining if a councilmember is performing his duties. Mr. Hunt stated that is a problem with the Charter as it currently exists. There is no comprehensive list of the duties of a councilmember and no statement that attendance at meetings is � required. The Charter is vague as to the duties, but it is no more vague if this proposed amendment is approved than it is now. The proposed amendment does not address that "defect" in the Charter Councilwoman Bolkcom stated that there is no definition that performing the duties requires a councilmember to attend every single Council meeting. Councilman Schneider felt that a vacancy could be declared if a councilmember, for example, could only communicate by telephone This could not happen if the language "without good cause" remained in the Charter. He felt that the Charter Commission should address that issue. Councilman Billings felt that the scenarios were no different with the existing language or the proposed amendment Councilwoman Bolkcom felt that if Council was to declare a vacancy, the councilmember who was affected would surely be aware of this fact. UPON A ROLL CALL VOTE ON THE ABOVE MOTION, Councilwoman Bolkcom, Councilwoman Jorgenson, and Councilman Billings voted in favor of the motion Mayor Nee and Councilman Schneider voted against the motion. Mayor Nee declared the motion failed. � Councilman Schneider stated that if, in fact, there were procisions for a public hearing on the findings of fact, he could support the language. � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 13 Mr. Hunt stated that unfortunately, the process of amending the Charter is rather cumbersome, as Council cannot make amendments The Councilmembers comments will be helpful to the Charter Commissions if they decided another amendment to Section 2 06 Dl. 20. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that he has a problem with the provi- sions for special meetings. He did not know if he could support this amendment at the second reading. 21. RESOLUTION N0. 62-1996 APPROVING A$1,500,000 LOAN TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF Mr. Pribyl, Finance Director, stated that this particular loan agreement has been discussed by Council The loan is to the HRA, � and proceeds would be used to fund the revolving loan program. Details of this program were presented at the last Council meeting. It zs a response to address some housing conditions before they become a crisis. The loan is for fifteen years at an interest rate of five percent. This resolution does approce the loan. � MOTION by Councilwoman Jorgenson to adopt Seconded by Councilwoman Bolkcom. Upon a aye, Mayor Nee declared the motion carried 21A, ITEMS FROM THE CONSENT AGENDA: Resolution No. 62-1996. voice vote, all voting unanimously. 3. VARIANCE REQUEST, VAR #96-18, BY THE CITY OF FRIDLEY, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 25 FEET, AND TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 35 FEET TO 30 FEET, AI,L IN ORDER TO ALLOW THE EXPANSION OF AN EXISTING WELLHOUSE, GENERALLY LOCATED AT 7345 HIGHWAY 645 (WARD 2): MOTION by Councilman Schneider to grant Variance Request, VAR #96-18. Seconded by Councilwoman Jorgenson. Mr. Mike Schrader stated that he was here this evening on behalf of his father who is an ad�acent property owner. They are concerned about removal of access to their property and a number of other issues with respect to that 1and. Mr. Schrader stated that he wanted clarification that the roadway would be replacecl with no assessment to the property owner and would be part of the 1997 budget. He proposed that a stipulation on this variance should state that a suitable agreement between the ad�acent property owners be transacted in regard to the land so that this issue can be resolved in a timely fashion. � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 14 Mr. Schrader stated that this has been very discomforting to his father. However, it has forced them to proceed with a proposal for their parcel, and it should be forthcoming within the next ninety days. With respect to the front and side yard setbacks, ad�acent property owners should have similar considerations regarding sight exposure on the highway. Councilman Billings stated that the only issue he is aware of is relocation of the roadway. He questioned what other issues to which Mr Schrader was referring. Mr Schrader stated that it was their hope and intention to take part in the ownership of the land on the other side of the road, as it was before, consolidate that frontage and make it a marketable site. Suddenly, it was cleared and the road was gone. Councilman Billings stated that, as he understands, Mr. Schrader feels it would be better for them if the variance was not granted and the filtration plant built further to the east. Mr. Schrader stated that when they wished to develop the property for a self-storage facility they were told the City wanted this parcel to be improved to the highest level. There is now a pump house and �unkyard, and it does not make sense. They wished to be � notified before this was constructed. Councilman Schneider asked Mr. Schrader if he believed he has a resolution to the road issue in light of the communications he has had with the City over the last several weeks. Mr. Schrader stated that he believed there is a potential resolution. Councilman Schneider asked if there were other issues besides the road. Mr Schrader stated that there were not. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Schneider asked what action is being taken to resolve the road issue. Mr Burns, City Manager, stated that the road would be restored as part of the 1997 capital improvement pro�ect. He understands that Mr. Schrader is happy with this proposal. ' MOTION by Councilman Schneider to direct staff to continue working towards a resolution of the road issue with Mr. Schrader. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 15 Mr, Schrader stated that they wished to recoup some of the financial losses for the assessments by having the roadway restored. He thanked Council for their time. 4. VARIANCE REQUEST, VAR #96-19, BY CARL AND MARGARET CHRISTENSON, TO INCREASE THE HEIGHT OF A FENCE IN THE SIDE YARD FROM 7 FEET TO 8 FEET 3 INCHES, GENERALLY LOCATED AT 1327 66TH AVENUE N.E. (WARD 2): Councilman Schneider stated that he has no problem with the variance. Letters were also received from ad�acent property owners Ln favor of this variance. MOTION by Councilman Schneider to grant Variance Request, VAR #96-19, with the following stipulation: (1) that the variance is valid only for the life of the fence, and if the fence is ever damaged or removed to greater than fifty percent of its value, a new variance sha11 be applied for and approved. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. VARIANCE REQUEST, VAR #96-20, BY MURPHY WAREHOUSE, TO ALLOW A SIGN PAINTED DIRECTLY ON A BUILDING, GENERALLY LOCATED AT 4850 MAIN STREET N.E. (WARD 3). Councilwoman Bolkcom stated that she is not against the sign, but she wanted the petitioner to know there are neighborhood concerns about the traffic and trucks. She asked that the petitioner notify the operators of the delivery trucks to use 57th Avenue and not 53rd Avenue. Mr. Richard Murphy, the petitioner, stated that he heard the discussion earlier as it related to Home Depot. It is not their intent to be a nuisance to the neighborhood. He has gone out of the way to bring tax revenue to the City, and he does everything possible to lessen the impact of an industrial building. He said he would talk to the delivery persons, as there is an area where the trucks can pu11 off Main Street and onto their property so as not to cause the neighbors any trouble. Councilwoman Bolkcom stated that Murphy Warehouse has very nice buildings. It is a good business for the Ciry, but it also has to represent the people who live in that neighborhood. MOTION by Councilwoman Bolkcom to grant Variance Request, VAR #96-20 with the following stipulations: (1) approval of this variance precludes the petitioner from installing a free-standing sign; and (2) the petitioner shall maintain the sign in an attractive manner. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 16 8. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 16, 1996, FOR THE �AT,F. nF F.XCF.RR PRnPRRTY T��CATEn AT 61ST AVENUE AND 7TH STREET MOTION by Councilman Billings to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. 12. LICENSES: MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's office, with the exception of the auction license for Michael Servetus Unitarian Society. Seconded by Councilman Schneider. Upon a voice vote, al1 votzng aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to concur with the issuance of an auction license for Michael Servetus Unitarian Society Seconded by Councilwoman Jorgenson Councilman Billings stated that this auction is an annual event. Every year he rece�ves telephone calls from people in the neighborhood about parking on the streets or blocking driveways so residents cannot have anyone at their home on Labor Day. In the � opinion of people in the neighborhood, it is almost a public nuisance. Councilwoman Jorgenson stated that she felt the church needed to resolve this issue with the neighborhood Councilwoman Bolkcom felt that there needed to be a means for traffic control. Councilman Billings stated that he would strongly encourage that a letter be sent to the church saying that they need to apply in late June or early July for the license. If there are questions that need to be addressed, there is adequate time to come before the Council. He asked that staff contact the church and advise them of the discusston this evening. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Councilwoman Jorgenson, Councilman Schneider, Councilwoman Bolkcom and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. 21B. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that he is pleased to recommend � Eric Hahn for appointment as Interpretive Specialist at Springbrook Nature Center. Eric has a Bachelor of Science degree in biology from Indiana University and a teaching license in science from the University of Minnesota. He worked at the Minnesota Zoo as an interpretive guide and was recently employed as a Naturalist for the Minneapolis Park and Recreation Board where he taught and conducted interpretive tours. He also has experience as a master � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 17 teacher at the Minnesota Institute for Talented Youths and as a science teacher at Groves Learning Center. MOTION by Councilman Billings to concur with the following appointment by the City Manager: Name Eric Hahn Position Interpretive Specialist Exempt Starting Salary $28,945.76 per year $2,412.15 per month Starting Date Replaces Sept. 3, Scott 1996 Ramsay Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Bolkcom stated that there seems to be a lot of discussion about the nature center and an active letter writing campaign in Focus News. There was a budget cut last year, but she supports Springbrook Nature Center, which she believes is a valuable asset to the community. There has been scme decrease in Friday night programs, but no other programs have been eliminated. The budget cut was not positive, but it has enlightened the Springbrook Nature Center Foundation who is looking at programs to help fund the center. There are not any proposed cuts, and Council is committed to the programs at Springbrook Nature Center. Councilman Schneider stated that he circulated a petition to "Save the Trees," which was an ordinance that prevented a qolf course from being built at the site of Springbrook Nature Center. He been a big supporter of the nature center, and he wants to keep that land as a nature center. Many of the letters written contained a lot of mis-information. It would make sense for the Springbrook Nature Center Foundation to begin to fund the nature center. He is willing to support that activity like other activities in the City, but it also has to come under scrutiny. It would be good if Springbrook Nature Center Foundation had some fund raising. Councilwoman Bolkcom stated she believed that Springbrook Nature Center Foundation is looking at some alternative funding. Councilman Billings stated that in 1995 there was a Naturalist and two Interpretive Specialists at the Springbrook Nature Center. In 1996, one Interpretive Specialist was cut. Some of the letters to the editor of Focus News would lead one to believe that the City was planning on not replacing Mr. Ramsay. He asked staff if that was something that was seriously being considered. Mr. Burns, City Manager, stated that it was not. Springbrook Nature Center budget had a six percent increase over what was budgeted in 1996. One letter to the editor was very inaccurate. Councilman Billings stated that back in February, Sack Kirk provided some numbers in preparation for a meetinq with Springbrook � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996 PAGE 16 Nature Center Foundation. In 1987, which was the year Mr. Kirk was appointed as Director of Recreation and Natural Resources, the budget increased approximately 45 percent. The budget for the nine-year period from 1987 through 1996 increased 130 percent. Even after removal of one Interpretive Specialist, the budget for the Springbrook Nature Center went up approximately 75 percent, almost twice as much as any other department in the City. The tone of many of the letters was that the nature center was not getting its fair share of the budget dollars when, in fact, if it was to get its fair share it would be getting considerably less than it is now. Its share went up to the detriment of other departments. This points to the fact that Council has been very supportive of Springbrook Nature Center since its existence, and he did not feel that was changing, 22. INFORMAL STATUS REPORTS: Mr. Burns, Crty Manager, stated that there are three items to be discussed informally after this Council meeting. They are• the Communrty Education Center pro�ect; recommendation for the City to deny a proposal for the Northeast Quadrant of Mississippi Street and University Avenue; and proposed contract far a Global Action Plan. Councilwoman Bolkcom reminded everyone that September 4 was Good Pdeighbor Day Schaaf Floral ls providing roses to be given away as part of the Values First Program. Councilman Billings reminded residents to vote in the primary election on September 10. Councilwoman Jorgenson stated that the League of Women Voters wi11 be having a forum on September 4, which will be televised through the cable channel for rebroadcast. Councilwoman Sorgenson stated that the Friendly Fridley Folks have invited the candidates to speak on September 5. ADJOURNMENT: MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meetinq oF the Fridley City Council of August 26, 1996 ad�ourned at 10:40 p.m. Respectfully submrtted, � ./�i'C/—�"�� ��-sr�_ Carole Haddad Secretary to the City Council William J. Nee � Mayor