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11/04/1996 - 00002242� � � THE MINUTES OF THE REGULF.R MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 4, 1996 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 1ed the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Council- woman Bolkcom MEMBERS ABSENT: None PROCLAMAT I OI�I : HOME CARE MONTH: NOVEMBER, 1996: Mr. Burns, City Manager, read this proclamation which Mayor Nee had issued. The proclamation was presented to Mr. Randy Decker, Coordinator of Services for Metro Home Health Care. Mr. Decker invited Council, City staff, and the general public to attend an open house at their facility on November 14 at 3.00 p.m. As a licensed home health care agency, they are pleased to provide home health care while helping people to remain in their homes. They are privileged to serve residents of Fridley with quality care administered by qualified professionals. APPROVAL OF MINUTES: COUNCIL MEETING, OCTOBER 28, 1996: MOTION by Councilman Billings to approve the minutes as presented Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously APPROVAL OF PROPOSED CONSENT AGENDA: GLD BUSINESS: 1. ORDINANCE NO. 1079 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN PROPERTY TO BE SURPLUS AND AUTHORIZING THE Mr. Burns, City Manager, stated that this ordinance involves property located at the southeast corner of the intersection of Seventh Street and 61st Avenue. The property encompasses the Community Education Center, the high school football field, and the north portion of the high school parking lot. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 2 transfers between the City and School District No. 14 that was negotiated in 1957, 1960, and 1972, but was never properly recorded at the County. Mr. Burns stated that the city is transferring title to land south of 61st Avenue to the school district and the City will be receiving from the school district title to property located north of 61st Avenue. The latter transfer will occur with the completion of a replat for this area. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1079 ON THE SECOND READING AND ORDERED PUBLICATION. 2. ORDINANCE N0. 1080 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTIONS 205.17.O1.0 AND .01.C(141✓(ZONING TEXT AMENDMENT, vZTA #9 Mr. Burns, City Manager, stated that this request is by Northco Corporation to allow daycare centers as a special use in M-1 and M-2 zoning districts. This special use would be subject to nine conditions, including the conditions that the daycare center must be located in a multi-tenant building that is on an arterial street, and the area used by the center may not exceed thirty percent of the floor area of the building. WAIVED THE READING AND ADOPTED ORDINANCE NO SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 1080 ON THE 3. FIRST READING OF AN ORDINANCE ADOPTING FAIR HOUSING PRACTICES. Mr. Burns, City Manager, stated that this ordinance was required by the settlement agreement with the Sylvan Oaks Tenants Association. The ordinance incorporates by reference the standards of both the Federal Fair Housing Act and the Minnesota Human Rights Act. In summary, these references state that it is unlawful to refuse to sell, rent, or lease housing to any person or group of people because of their race, color, creed, religion, national origin, sex, marital status, status with respect to public assistance, disability, sexual orientation or familial status. Mr. Burns stated that the ordinance has been reviewed and approved by the Housing and Redevelopment Authority and the Human Resources Commission. Council conducted a public hearing on this ordinance on October 28, and no one spoke in opposition to the ordinance. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 3 4. FIRST READING OF AN ORDINANCE CONSIDERING AN AMENDMENT TO THE CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY ADDING SECTIONS 205.05.02 AND 205.05.07, AMENDING SECTIONS 205.05.03 AND 205.05.04, AND RENOMBERING CONSECUTIVE SECTIONS WHERE APPROPRIATE: Mr. Burns, City Manager, stated that these amendments are in response to Council's request that staff complete changes needed to comply with 1995 State legislation establishing time limits for consideration of land use actions. The legislation required that cities act within sixty days on all land use applications. The changes proposed apply to zoning and subdivision codes. Separate changes are proposed to the City Charter. Mr. Burns stated that, in summary, the changes are that public hearings for various land use actions--rezoning requests, easement vacations, plats and zoning text amendments will be set administratively rather than at a separate Council meeting. Hearing notices to surrounding property owners and the public will contain Planning Commission and City Council hearing dates. Council action on those requests will be scheduled during the same meeting as the public hearings. If further action is needed, the action may be carn ed over under one of two conditions: there remains adequate time within the sixty day process limit, or the applicant has agreed to extend consideration beyond the sixty day limit. Mr. Burns stated that the ordinance provides a means for recovery of City costs for revocation of special use permits. The changes were reviewed and approved by the Planning Commission. Council conducted a public hearing on October 28 resulting in no negative comments. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 5. FIRST READING OF AN ORDINANCE kECODIFYING THE FRIDLEY CITY CODE, CHAPTER 211, ENTITLED "SUBDNISION," BY AMENDING SECTION 211.04.01, DELETING SECTION 211.04.01.0 AND F, AND AMENDING SECTION 211.04.02 AND RENiTMBERING CONSECUTIVE SECTIONS: Mr. Burns, City Manger, stated that these amendments are designed to bring the City into compliance with state law relating to the time needed for processing land use applications. The changes shorten the City's time for consideration of plat requests by allowing for administrative establishment of public hearing dates and by providing for Council action at the same meeting as the public hearing. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. � ' � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 4 6. CLAIM5: AUTHORIZED PAYMENT OF CLAIM NOS. 70858 THROUGH 70967. 7. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 8. ESTIMATES: APPRO�/ED THE ESTIMATES AS SUBMITTED: Thomas & Sons Construction, Inc. 13925 Northdale Boulevard Rogers, MN 55374 1996 Street Improvement Pro�ect No. ST. 1996-1 & 2 Estimate No. 3 . . . . . . . . . . . . . . . $204, 004.73 No persons in the audience spoke regarding the proposed consent agenda items. MOTION by Councilman Schneider to approve the consent agenda items. Seconded by Councilwoman Bolkcom. 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 Councilwoman Bolkcom. 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 ON ASSESSMENT FOR IMPROVEMENT PROJECT N0. ST. THE EAST RIVER ROAD -03 (CONTINLTED FROM MOTION by Councilwoman Bolkcom remove this item from the table and reopen 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 reopened at 7:53 p.m. Mr. Pribyl, Finance Director, stated that this item was tabled at the last meeting in order for staff to obtain further information from the County regarding the costs. The total cost for this FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 5 � pro�ect was $189,671.02 with property owners being assessed $46,080.21. The remaining amount of $143,590.81 would be paid from the City's Capital Improvement Fund. This improvement covers East River Road from Hartman Circle to Glen Creek Road. The assessed properties would be certified for ten years at an interest rate of 6-1/2 percent. Mr. Pribyl stated that the Engineering Department reviewed the line item costs with the County and confirmed the amount of concrete curb and gutter that was used in this pro�ect. The County and City's overhead costs were also reviewed. The actual cost for the concrete curb and gutter was $79,746.25. With the removal of the median costs of $42,�71.75, plus engineering and inspection costs, the total is $58,011.19. This amount divided by the assessable front footage equals $11.24 a front foot. These numbers support the $9.00 a front foot assessment. Counciiman Schneider asked how many lineal feet of concrete curb and gutter was installed and how much is included in the assessment. Mr. Flora, Public Works Director, stated that the City is assessing for 5,160 feet. The $�9,�46 includes the total concrete curb and gutter for both sides of the street and the median When the � $93,000 cost for the median is removed and engineering and inspection costs are added, the total is $58,000 divided by the assessable footage of 5,160, amounting to an assessment of $11.24 a front foot. Councilman Schneider stated that, as he understands, the difference of an $11.24 iront foot cost and the amount quoted at the last Council meeting of about $5.75 is because the cost is spread over the total assessable front footage and engineering and inspection costs have been added. This method of spreading the assessment is consistent with the City's policy. Councilwoman Bolkcom stated that Mr. Flora met with Mr. Sandstrom, who is the property owner at 6941 East kiver Road. The front footage should be 113, not 117 68. Mr. Pribyl stated that the assessment roll indicated 117.68 front feet for Mr. Sandstrom's property, but it should be 113 feet resulting in a $42.12 reduction. Mrs. Jan Hammerstrom, 6931 East River Road, stated that she spoke with the County's Engineering Department to verify the figures presented at the last Council meeting. The County told her that the costs for the median curb and gutter were paid by the County, � and the 4,073 5 linear feet of concrete curb and gutter that was installed was half the total or 8,147 feet which covered both sides of the street. She was also told that half of this cost is paid by the County. � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 6 Mrs. Hammerstrom stated that the bid for the curb and gutter was $5.25 a front foot with an added eight percent engineering fee. That brings the cost to about $5.65 a front foot. The City is only beinq charged for 4,073.5 linear feet. The amount being assessed against the property owners is $46,080, which is for the total 8,147 feet at $5.67 a front foot. Therefore, property owners are being assessed for curb and gutter on both sides of the street. She felt that property owners were being assessed for this total footage of 8,147 even though the County pays for half this amount. Mr. Flora stated that the total assessable footage is 5,160 front feet plus the engineering and administrative costs associated with this pro�ect. If, for example, the state pays 100 percent of the cost, the City also assesses for 100 percent of the cost. Councilwoman Bolkcom stated that the City has improved Municipal 5tate Aid Streets, and these have been assessed even though the City has been reimbursed. Basically, the City is trying to put funds back into the street improvement fund in order to maintain the streets. Mr. Flora stated that the actual cost of the concrete curb and gutter on this pro�ect amounts to about $58,000 which includes engineering and administrative costs. With a total of 5,160 front � feet of assessable property, the cost is $11 24 a front foot. The City is assessing only $9.00 a front foot. The total pro�ect cost is $189,617. Of that figure, $143,590 will be paid out of the City's Capital Improvement Fund. Mrs. Hammerstrom stated that it seemed to her the property owners are being assessed almost double the amount the City has to pay the County. If the County bills the City $23,000 and the City assesses the property owners $46,000, it seems the property owners are paying double. Councilwoman Bolkcom stated that the City's cost for the pro�ect was $189,000, and the money has to come from somewhere. Councilman Schneider stated that the policy that Council adopted in order to maintain the City's street infrastructure, was on County and Municipal State Aid Streets that are improved, property owners would only be assessed for the concrete curb and gutter portion of the improvement. Councilman Billings stated that what is being done is limiting a homeowner's exposure on a pro�ect. Instead of assessing the $189,000 cost of the pro�ect the City is limiting the cost to the property owner by assessing only for the concrete curb and gutter. � The language in the notice that was sent to the property owners would lead one to believe that the City is only assessing for the concrete curb and gutter in front of the property owner's property. That is not the case. The property owners pay the total cost of curb and gutter on the entire pro�ect. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 7 � Councilwoman Jorgenson stated that the City's policy is for property owners to only pay one assessment for curb and gutter. If the assessment method seems unfair, it is necessary for the City to recoup some of the costs in order to keep the street improvements ongoing and maintain the City°s infrastructure. Councilwoman Bolkcom stated that Council has had numerous discussions on how to maintain the City streets in the future, if funds, such as state aid, are not available. Councilman Billings stated that the City did not adequately describe what was included in the assessment. He promised to do everything he could to correct this situation so that residents do not have to go through the anxiety Mrs. Hammerstrom has over the last several days. Councilwoman Bolkcom stated that she appreciated Mrs. Hammerstrom bringing this forward. She was sure it was a learning process for the Council. Hopefully, the wording will be better defined for the next assessment hearings Mrs. Hammerstrom stated that she has a hard time with the figures and felt this had been resolved but not necessarily to her satisfaction. She is saddened that Mayor Nee's name is not on the � ballot and appreciated all the efforts, hard work, and integrity he brought to this office. Councilman Schneider stated that he appreciated Mrs. Hammerstrom bringing this to their attention and the homework she has done. The notices will be chanqed to better reflect the assessment. MOTION by Councilman Billings to close the public hearinq. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8�34 p.m. 10. PUBLIC HEARING ON ASSESSMENT FOR THE MAIN STREET IMPROVEMENT 0 OCT Mayor Nee removed this item from the table and the hearing re- opened at 8:34 p.m. Mr. Pribyl, Finance Director, stated that the total cost of this pro�ect was $177,702.30 for improvements on Main Street. $173,111.02 is being assessed against the affected commercial property owners at $8.00 a front foot for concrete curb and gutter and $3.03 per 100 square feet based on 75 percent coverage for ' storm sewer The assessment is for a ten-year period at an interest rate of 6-1/2 percent. Mr. Pribyl stated that the Engineering Division has consulted with the County. The actual cost for concrete curb and gutter was FRIDLEY CITY COUNCIL MEETING OE NOVEMBER 4, 1996 PAGE 8 � $72,608.22 plus the addition of administrative and engineering costs or a total of $97,237.91. This amount divided by the assessable front footage of 10,037 is about $9.69 a front foot. No persons spoke regarding this proposed assessment. MOTION by Councilwoman Bolkcom 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;36 p.m. 11. PUBLIC HF�1kING ON ASSESSMENT FOR THE MAIN STREET IMPROVEMENT PROJECT N0. ST. 1994-08 (RESIDENTIAL) (CONTINLTED FORM Mayor Nee removed this item from the table and re-opened the public hearing at 8:36 p.m. Mr. Pribyl, Finance Director, stated that the total cost of this pro�ect was $177,702.30, with $21,728 being assessed against the affected residential property owners at $5.00 a front foot for concrete curb and gutter. This assessment is for the residential portion of the Main Street improvement. The assessment will be spread over a ten-year per�od at an interest rate of 6-1/2 percent. � No persons spoke regarding this proposed assessment. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:40 p.m. 12. PUBLIC HEARING ON ASSESSMENT FOR 1995 STREET IMPROVEMENT PROJECT NO. 1995-1 & 2(CONTINiTED FORM OCTOBER 28, 1996): Mayor Nee removed this item from the table and reopened the public hearing at 8:90 p.m. No persons in the audience spoke regarding this proposed assessment. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:40 p.m. 13. PUBLIC HEARING ON ZONING TEXT AMENDMENT, ZTA #96-02, BY NOAH'S ARK. TO AMEND THE FRIDLEY CITY CODF. CHAPTER 205. ENTTTTED � 205.09.O1.C(17), ✓AND � 205.14.O1.A(14), TO �PROVIDE PARKING STANDARDS FOR NURSING HOMES, CONVALESCENT HOMES AND HOMES FOR mvt+ r.+r nc+n r �r . � , � CITY COUNCIL MEETING OF NOVENlBER 4, 1996 PAGE 9 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 8:40 p.m. Mr. Hickok, Planning Coordinator, stated that this request for a zoning text amendment has been submitted by Noah's Ark to update the City's parking to reflect actual parking demands for elderly/senior housing and care facilities. It has been determined that the City's code is lacking specific language in defining parking ratios for nursing homes, independent living facilities, and assisted living facilities. Mr. Hickok stated it is recommended that the parking ratio for nursing homes be one space for every four beds and three spaces for every four employees on the largest shift. For �ndependent living facilities, the recommendation is one space per unit, with fifty percent of the stalls enclosed. If the building is convertible to market rate, then the number of stalls shall be based on the number of bedrooms. The parking recommended for assisted living facilities is one-half space per unit. Councilwoman Jorgenson asked if this amendment would decrease the number of parking stalls that are currently required for nursing homes. Mr. Hickok stated that as far as nursing homes, there are very few residents that have vehicles. The requirement for one space for every four beds is fairly consistent. Councilman Schneider asked why this ordinance would be less restrictive than New Brighton`s. Mr. Hickok stated that there are varying numbers around the metropolitan area. New Brighton's ordinance is one that may or may have been modified to reflect industry standards. Very few cities have modified their ordinances. From staff's perspective, they felt parking was exaggerated. Councilwoman Bolkcom stated that on a typical day, there are not many visitors at nursing homes. Councilwoman Jorgenson stated that she was checking this over the weekend. She reported that Fridley Concalescent Home's parking lot was totally full. She wanted to be careful that the City was not limiting parking to a typical Monday through Friday staffing and then when people are visiting on weekends, there is not a place to park. There should be sufficient parking available so that people do not park on neighborhood streets. Mayor Nee asked if the parking at Village Green has been evaluated. � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 10 Councilwoman Jorgenson stated that this weekend there was plenty of space in the back, but the visitors parking area in front of the building was full. ' Mr. Hickok stated that persons in a nursing home generally do not have vehicles. This would balance the space for employees. Ms. Cheryl Stinski, who operates several facilities for skilled care and independent living, stated that in the skilled care facilities the parking problem centered around the shift changes. The ratio of one to four seems reasonable. In an assisted living facility, very few people drive, and it is not like the nursing home category, Councilwoman Bolkcom stated that it seems the number of parking spaces proposed is reasonable. Mr. Roland Stinski stated that he built the Trevilla Nursing Homes and has never had a problem with parking. A one to four ratio would provide plenty of parking. He is constructing an assisted living facility in Burnsville which has a one to four parking ratio. No other persons in the audience spoke regarding this proposed zoning text amendment. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:56 p.m. 14. PUBLIC HEARING ON ZONING TEXT AMENDMENT, ZTA #96-03, BY ROLAND STINSKI, TQ ALLOW PROFESSIONAL SEWELRY SERVICES AS A PERMITTED USE IN CR-1 DISTRICTS: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:56 p.m. Mr. Hickok, Planning Coordinator, stated that this is a request for a zoning text amendment by Roland Stinski, John Mely, and Brian Sullivan. The request is to amend the CR-1, General Susiness District, to allow a professional �ewelry store as a permitted use. Mr. Hickok stated that staff recommends allowing professional �ewelry services as a special use permit, rather than a permitted � use. This conclusion is based on a need to limit the retail floor area within a CR-1 complex, minimize the "commercial destination" appearance in an otherwise office or residential district, and to assure adequate parking exists for the other uses in the CR-1 � ' � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 11 district. Staff recommends approval with three stipulations which he outlined. Mr. Stinski, the petitioner, stated that he would have no ob�ection to a special use permit rather than a permitted use. Councilman Schneider asked if there are special security requirements tYiat would be needed for the operation of this �ewelry service. Mr. Stinski stated that there is now security in the building, however, the znsurance company may require additional security measures. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:01 p.m. OLD BUSINESS: 15. SECOND READING OF AN ORDINANCE REPEALING CHAPTER 12 OF THE FRIDLEY CITY CODE I1Q ITS ENTIRETY AND ADOPTING A NEW CHAPTER AND FEES• MOTION by Councilman Schneider to waive the reading and adopt this ordinance on second reading and order publication. Seconded by Councilman Billings. Mr. Gary Lenzmeier, Deputy Public Safety Director, stated that he understood that Council wished to add several items to this ordinance. These issues involve language to be added regarding training for clerks, a hearing officer, and state statute requirements concerning compliance checks. Councilwoman Bolkcom stated that she wished to thank the persons who spoke last week on this proposed ordinance and for forwarding additional information. Council has information from the City of Hopkins, and she would like to explore implementation of a training program. She would also like the retailers to notify the City as to their compliance wrth this training. Councilman Billings stated that he understood Hopkins' ordinance stated that the employer needs to have a training program. Super- America already has a training program for their employees. Mr. Lenzmeier stated that from information received from the non- smokers coalrtion, SuperAmerica does have a video series for training their employees. There is ample traininq information from vendors that retailers can use. � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 12 Councilman Sillinqs stated that it would appear that adding language regarding training would not be burdensome to the retailers because there is information readily available. Councilwoman Bolkcom stated that Mr. Norris, who was at last week's meeting, was in favor of a training program. Councilwoman Jorgenson noted that Mr. Norris said that Super- America has an extensive training program for compliance. Councilwoman Jorgenson stated that as far as looking at assessing fines for those that are not in compliance, possibly some in-house program could be provided and shared among retailers. Mr. Larry Spiczka, Manager of the SuperAmerica at 5667 University Avenue, stated that they use video tapes for training, as they do not want a questionable tobacco sale. Councilman Billings asked if their program was available or if it was an in-house program. Mr. Spiczka stated that it is an in-house program. do have some kind of training for their employees. commercially Most retailers � MOTION by Councilwoman Bolkcom to receive a letter from Hubert Humphrey, III, dated October 31, 1996 regarding the sale of tobacco to children. Seconded by Councilwoman Jorgenson. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unanimously. � Councilwoman Bolkcom questioned the self-serve issue, cited infor- mation received from the University of Minnesota, and how cities arrived at their decisions. Mr. Lenzmeier not contact legislation. stated that when he received the information he could those that were instrumental in drafting the Mr. Burns, City Manager, stated that Council may want to consider a contractual hearing officer to hear appeals based on the enforcement of these laws. A hearing officer probably could be the first step in the appeal process before going to Council which would be consistent with what the City is doing in other areas. Councilwoman Bolkcom stated that she and Councilwoman Jorgenson felt it was not a bad idea to have a hearing officer. It might be worthwhile to find out how much time other cities are spending on these issues and look at their process for resolving these problems. Mr. Lenzmeier stated that in reviewing the ordinances from other cities, he failed to see any reference to a hearing and did not know if this was an oversight or included in another ordinance. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 13 Councilwoman Jorgenson stated that the enforcement is probably through the court system. She wanted to make sure there is some sort of due process. She also wanted to be aware of where and when these problems arise. Councilman Billings questioned the language with regard to compliance checks. As he understands the ob�ections, it seems the non-smokers coalition favored the State statute because it allows them to do studies. Possibly, the State language could be combined with the Crty's proposed language in that if someone is doing a research pro�ect in the City, they need to notify the Police Department beforehand. The City does not necessarily need to have direct supervision of studies but prior approval by the Police Department is in order. Councilwoman Bolkcom stated that possibly the words "direct supervision" causes the problem. She is not against changing the ordinance so that if someone like the University of Minnesota came in to conduct a study, it could be coordinated with the Police Department. Councilwoman Jorgenson stated that she could visualize where a high school student may want to do a survey for one of his classes. As long as they could do it in con�unction with the Police Department, it would be a good effort. Councilman Billings felt that when the University of Minnesota conducted their studies, they are not done wrth the intent towards enforcement. He is not sure if this is good or bad, but he would like the Police Department to know the study is being conducted Councilwoman Jorgenson stated that part of the study is usually to control the variables. This would assist the Police Department in controlling those varzables. Councilman Schneider felt that the Police Department should be aware if there is a study being conducted. He felt that the ordinance language should be less restrictive, but it should not be so open as to allow everyone to come into the City to do compliance checks. He would be interested if other cities use a hearing examiner for appeals. He would prefer a hearing examiner. Councilman Billings stated that, as he understands, it is felt the language regarding compliance should probably be a lrttle less restrictive but not as restrictive as the state statute Further, language requiring a training program and possible language regarding a hearing officer versus Council should be added He stated that he, Councilman Schneider, and Mayor Nee prefer a hearing officer; however, it appears Councilwomen Jorgenson and Bolkcom would like more information on what is being done in other cities with regard to a hearing officer. ' � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 14 Councilwoman Bolkcom stated that she would like to know how other cities are proceeding with appeals, but she is not necessarily opposed to a hearing officer. Councilwoman Jorgenson questioned if the reason for leaning towards a hearing officer. She asked if there is a concern that Council might be unwilling to impose the heavy fines, or is it �ust that the hearings would be too cumbersome for Council. MOTION by Councilwoman Jorgenson to table this item for further staff investigation. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 107-1996 CONFIRMING ASSESSMENT FOR EAST RIVER ROAD IMPROVENiENT PROJECT N0. ST. 1994-03 (TABLED OCTOBER 28, Mayor Nee removed this item from the table. MOTION by Councilwoman Bolkcom to adopt Resolution No. 107-1996, with the amendment to Mr. Sandstrom's front footage from 117.68 feet to 113 feet for his property at 6941 East River Road for a reduction of $42.12 ln this assessment. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION N0. lOB-1996 CONFIRMING ASSESSMENT FOR MAIN STREET IMPROVEMENT PROJECT N0. ST. 1994-08 (COMMERCIAL) (TABLED A Mayor Nee removed this item from the table. MOTION by Councilwoman Bolkcom to adopt Resolution No. 108-1996. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION N0. 109-1996 CONFIRMING ASSESSMENT FOR MAIN STREET IMPROVEMENT PROJECT N0. ST. 1994-08 (RESIDENTIAL) (TABLED A Mayor Nee removed this item from the table. MOTION by Councilwoman Bolkcom to adopt Resolution No. 109-1996. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO. 110-1996 CONFIRMING ASSESSMENT FOR 1995 STREET IMPROVEMENT PROJECT N0. ST. 1995-1 & 2(TABLED OCTOBER 28, 1996) : Mayor Nee removed this item from the table. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 15 MOTION by Councilman Schneider to adopt Resolution No. 110-1996 and direct staff to provide the notification to Ms. Angela Percic, the property owner at 1020 68th Avenue who filed an ob�ection. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 20. VARIANCE REQUEST, VAR #96-22, BY KIM J. MILLER OF MILLER FUNERAL HOME, TO REDUCE THE REAR YARD SETBACK FROM 40 FEET TO 33 FEET TO ALLOW CONSTRUCTION OF A 22.7 X 60 FOOT ADDITION TO A STORAGE BUILDING; TO REDUCE THE FRONT YARD SETBACK ON A CORNER LOT FROM 80 FEET TO 37 FEET TO ALLOW THE CONSTRUCTION OF A 30.5 BY 66 FOOT ADDITION TO AN EXISTING FUNERAL HOME, GENERALLY LOCATED AT 6210 HIGHWAY 65 N E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that this is a request for two variances to reduce the rear yard setback from 40 feet to 33 feet and to reduce the front yard setback from 80 feet to 37 feet. The variances are requested in order to allow construction of additions to the Miller Funeral Home at 6210 Highway 65 N.E. If the variances are approved, the petitioner will construct a 30.5 foot by 66 foot addition to the west of the principal building and construct a 22.7 foot by 60 foot addition on to the garage located in the rear of the property. The hardship indicated by the petitioner is that they need arrangement offices, business offices, casket showroom, and storage. Mr. Hickok stated that the proposed addition is 2,013 square feet and does not impact the sight lines of ad�acent properties. The garage addition will be used for vehicle and casket storage. The Appeals Commission voted unanimously to recommend approval with four stipulations that he outlined. Staff recommends concurrence with the Appeals Commission's recommendation. Councilman Schneider stated that he does not have an issue with the front yard variance, but he is concerned with the garage expansion. On a previous request there was visual impact to the ad�acent residential neighborhood. Mr. Hickok stated After discussing variance request. reviews. that staff received one call from a Mrs. Jasper. this proposal with her she was opposed to the The other 24 petition respondents had mixed Councilman Schneider stated that he was concerned if the petitioner has reached the point where they have outgrown this parcel of land. The idea of zoning is to protect persons between zoning districts any encroachments in that area. Mr. Hickok stated that one of the unique features of this site is a 40 foot planting which creates a distinction between the commercial and residential areas to the west. � � J FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 16 Mr. Lexvold, representing Miller Funeral Home, stated that Mr. Miller talked with Mr. Addison, the property owner on the corner of Baker and West Moore Lake Drive. Mr. Addison circulated a petition the last time they requested a variance. Mr. Addison's main concern was the loss of trees. The offer was made to plant trees in his yard to which he responded favorably. Councilman Schneider stated that his biggest concern is the residents. If a petition was submitted and was supported by a ma�ority of the residents, he would look at this request in a better light. Mr. Lexvold stated that this was what they tried to accomplish with the letter, but he is not opposed to doing this again. Councilman Billings asked where this process would be in terms of the sixty-day rule. Mr. Hickok stated that if Mr. Lexvold agrees for this item to be tabled, it will go beyond the sixty-day limit. The petltioner would need to recognize this and to request an extension beyond the sixty days. Councilman Billings felt that in addition to Mr. Lexvold's request for an extension, there should be a letter written by the City acknowledging the request. MOTION by Councilman Schneider to table this item until the next Council meetinq on November 25, 1996 for appropriate lnformation from the petitioner. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. MOTION TO APPROVE A CONTRACT WITH SPRINGSTED, INC. TO PROVIDE CONTINLTING DISCLOSURE SERVICES FOR THE CITY OF FRIDLEY. Mr. Pribyl, Finance Director, stated that there has been a chanqe in reporting requirements required by the Securities and Exchange Commission that impacts municipal debt offerings. This change requires issuers of municipal securitles to continue to update the information in the final Official Statement throughout the life of the issue. Mr. Pribyl stated that this agreement with Springsted, Inc. would provide for the continuing disclosure services. The funding would come from the types of overheads charged from the special assessment funds. This is a new cost, and staff recommends approval of this contract with Springsted, Inc. MOTION by Councilman Billings to approve the agreement with Springsted, Inc. to provide continuing disclosure services and authorize the appropriate City officials to execute same. Seconded � ERIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 17 by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. RESOLUTION N0. 111-1996 PROVIDING FOR THE ISSUANCE AND SALE OF Mr. Pribyl, Finance Director, stated that this is probably the second most favorable bid the City has received on long term bond issues. The low bidder was Piper Jaffray, Inc. at an interest rate of 4.9509 percent. The Council received and reviewed the following bids: True Bidder Price Net Int. Cost Int. Rate Piper Jaffray, Inc. $2,922,726.57 $1,147,256.56 4.9509% Robert w. Baird & Co. Griffin, Kubik, Stephens $2,899,977.70 $1,138,569.80 4.96300 & Thompson, Inc. Dain Bosworth, Inc. $2,913,009.00 $1,155,614.44 5.00200 � Norwest Inv. Serv.,Inc. $2,914,455.00 $1,160,668.13 5.0194% FBS Inv. Serv., Inc. John G. Kinnard & Co. Juran & Moody, Inc. Cronin & Company, Inc. $2,916,161.90 $1,160,842.45 5.0154% Smith Barney � Nike Securities $2,899,780.00 $1,167,771.56 5.06620 William R. Hough & Co. J.C. Bradford & Co. Betzold, Berg & Nussbaum & Co. Mr. Bob Thistle, 5pringsted, Inc., stated that the City received an Aal rating because of strong fiscal management and efforts of the Housing and Redevelopment Authority in terms of redevelopment activities. There were seventeen or eighteen financial institutions that submitted bids, and the City can be commended. Councilman Billings stated he notes that Piper Jaffray indicated a true interest rate of 4.9509 percent, and Griffin, Kubik, Stephens & Thompson, Inc. indicated a true interest rate of 4.9630 percent. However, the net interest for Piper Jaffray is $1,197,256.56 and $1,138,569.80 for Griffin, Kubik, Stephens & Thompson. He asked why the City oras paying about $10,000 more to Piper Jaffray if they quoted a lower interest rate. Mr. Thistle stated that the true interest rate is what they provided as part of their profit. � � � FRIDLEY CITY COUNCTL MEETING OF NOVEMBER 4, 1996 PAGE 18 Councilman Billings stated that the true interest rate includes the net interest cost plus the vendor's profit. Mr. Thistle stated that there are only three or four cities in the state that have a higher credit rating than Fridley. The better the credit rating the lower the interest rate. MOTION by Councilman Schneider to adopt Resolution No, 111-1996, awarding the bid to Piper Jaffray, Inc. at a true interest rate of 4.9509 percent. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. INFORMAL STATUS REPQRTS: Mr. Burns, City Manager, stated that John Litchy, the architect, will discuss the design of the Community Education Center pro�ect at the informal meeting. Councilwoman Bolkcom stated that she and Councilwoman Jorgenson, along wlth John Flora, attended a meeting last week on the East River Road sidewalk. About twenty people attended, representing sixteen properties. The residents on the west side, where the sidewalk is proposed, raised several concerns about having it at this location. Their concern was mainly that they would lose property, however, it was made clear that there are easements there. Councilwoman Bolkcom stated that before Council takes any action, she wanted the residents notified. The County should be advised that the Council is reviewing this issue and will contact them when action is taken. She felt this needed to be on the agenda soon and she has no problem with it being on the next meeting, if possible. A letter should be sent to the County indicating it would be brought before the Council on November 25. All the residents who were originally notified should be sent a notice even though they did not attend the neighborhood meeting. Staff should draft a resolution including the sidewalks on the west side of East River Road. Councilwoman Bolkcom stated that about sixteen people attend the meeting. Half were in favor of the sidewalk and half were against it. Several residents were not definitely opposed to having the sidewalk but were concerned how close it would be to their property. The County was going to work with them on this issue. One person was totally opposed to the whole East River Road pro�ect. Councilwoman installed by forthcoming. Bolkcom stated that staff is working to have a light the trestle, and additional information will be � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1996 PAGE 19 ADJOURNMENT: MOTION by Councilwoman Jorgenson to ad�ourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 4, 1996 ad�ourned at 10:06 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council � J