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07/14/1997 - 00001659� � � THE NIINUTES OF TAE REGULAR MEETING OF THE FRIDLEY CITY COUNCiL OF JiTLY 14, 1997 The Regular Meetmg of the Fndley City Council was called to order by Mayor Jorgenson at 739pm PLEDGE OF ALLEG7ANCE: Mayor Jorgenson led the Council and audience m the Pledge of Allegiance to the Flag ROLL CALL: Members Present PROCLAMATION: Mayor 7orgenson, Councilman Barnette, Councilman Billmgs, Councdman 5chneider and Councilwoman Bolkcom Mayor 7orgenson read and issued a proclamahon proclaumm� Tuesday, August 5, 1997 NaUonal N�ght Out She called upon all citizens oiFndley to �om the Fndley Neighborhood Watch and the National Associahon of Town Watch m supportmg the 13th Annual Narional Night Out on August 5, 1997 Mayor Jorgenson presented block captams Mel and Charlotte Bolen with the proclamaUon Residents of Fndley were encouraged to reg�ster for national mght out visits from the local police and fire depaRments by calhng 572-3638 by the July 23rd deadlme APPROVAL OF MINUTE5: COUNCIL MEETING. JUNE 23, 1997 MOTION by Councilwoman Bolkcom to approve the mmutes as presented 5econded by Councilman Bdlmgs Upon a voice vote, all votmg aye, Mayor Jorgenson declared the motion carned unammously APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. RECEIVE THE MINUTES OF TAE PLANNING COMDIISSION MEETING OF JiTNE 18 ,1997: RECEIVED THE 1VIINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 18, 1997. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 1997 PAGE 2 � 2. VARIANCE REOUEST, VAR #97-OS. BY W.W. KLUS REALTY, TO INCREASE THE MAXIMUM AREA OF A SIGN FROM SO SOUARE FEET TO l30 SQUARE FEET TO ALLOW TIIE REPLACEMENT OF AN EXISTING PYLON SIGN, GENERALLY LOCATED AT 7920-7990 UNIVERSITY AVENUE N.E. {VVARD 3): Councilman Bdlmgs recommended movmg Item No 2 from the consent agenda THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. APPROVAL OF A PERMIT FOR A TEMPORARY TRAILER AT 7800 ELM STREET N.E. UNTIL SEPTEMBER 1, 1997 (WARD 3): Mr Burns, C�ty Manager, reported that the permrt request has been submitted by Mr James Graff The permrt would allow a trader to house staff and offices while the storm damaged building at 7800 Elm 5treet �s reconstructed The 12 foot by 56 foot trader w�ll be removed by September 1, 1997 Staffrecommends CounciPs approval APPROVED PERMIT FOR A TEMPORARY TRAII.ER AT 7800 ELM STREET N.E. UNITL SEPTEMBER 1, 1997. � 4. RESOLUTTON AUTHORiZiNG ADVERTISEMENT FOR BIDS ON WELL AOUSE NO. 1: Councilman Schneider recommended movmg Item No 4 from the consent agenda THIS ITEM WAS REMOVED FROM TF[E CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO MINNEAPOLIS JAYCEES CFIARTl'ABLE FOUNDATION: Councilman Barnette recommended movmg Item No 5 from the consent agenda THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON TFIE REGULAR AGENDA. 6. APPOINTMENT: CITY EMPLOYEE: Mr Burns, City Manager, �ntroduced Che consideration of a motion to appomt a City � employee, Angie Taylor, to Public Servzces Worker - 5treets The vacancy was created by transfernng a streets section employee to the water section Ms Taylor was selected from 43 applicants She has a Class B dnver's license with a�r brake and passenger FRTDLEY CITY COUNCIL MEETING OF JULY 14. 1997 PAGE 3 � endorsements, Fiilti Actuator certtficahon and supervisory certificatton from Employers Associat�on She was previously a dnver at Beckman Produce and was also a d�rector of maGntenance and secunty office at General Growth Management APPOINTED ANGIE TAYLOR TO PUBLIC SERVICES WORKER - STREETS. � � 7uly 14, 1997 Startmg Startmg Name Posihon Salary Date Replaces Angie Pubhc Servtces Taylor Worker, Streets Non-exempt 7. CLAIMS: S. � $11 86 7uLy 28, 7oseph per hour 1997 Gons�or AUTHORIZED PAYMENT OF CLAIM NOS. 75168 - 75554. LICENSES: Councilman B�lhngs recommended movmg Item No 8 from the consent agenda THIS ITEM WAS REMOVED FROM TE[E CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. ESTIMATES: APPROVED THE ESTIMATES A5 FOLLOWS Freder�ck W Knaak, Esq Holstad and Larson, P L C 3535 Vadna�s Center Dnve St Paul, MN 55] 10 Services Rendered as Crty Attorney for the month of June, 1997 Newquist & Ekstrum, Chartered 301 Fndley Plaza Office Buddmg 6401 Umvers�ty Avenue N E Fndley, MN 55432 5erv�ces Rendered as C�ty Prosecutmg Attorney for the Month of May, 1997 $ 4,250 00 $ 19,250 00 FRIDLEY CITY COUNCIL MEETING OF JULY 14, 1997 PAGE 4 � Hardnves, Inc 14475 Quiram Dnve Rogers, MN 55374 Central Avenue Bikeway/Walkway Pro�ect No ST 1994 - 9 Estimate No 2 $ 35,620 25 No persons m the aud�ence spoke regardmg the proposed consent agenda �tems APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Counctlwoman Bolkcom to approve consent agenda items with the exception of Items 2,4,5, 8 Seconded by Councilman Barnette Upon a voice vote, all votmg aye, Mayor Jorgenson declared the motion carned unanimously ADOPTION OF AGENDA: MOTIQN by Councilwoman Bolkcom to adopt the agenda with the addrtion of Items 2,4,5,8 from the consent agenda Seconded by Councilman Barnette Upon a voice vote, all votmg aye, Mayor 7orgenson declared the mot�on carned unarumously � OPEN FORUM, VISITORS: No persons m the audience spoke durmg ttus item of business PUBLIC AEARINGS: Motion by Counc�lman Billmgs to wvve the readmg and open the public hearmg not�ce Seconded by Councilwoman Bolkcom Upon a voice vote, all voring aye, Mayor 7orgenson declared the motion carned unammously and the public hearmg was opened at 7 45p m 10. AMENDMENT TO SECTION 7.02 OF THE FRIDLEY CITY CHARTER, REGARDING TAXATION fCONTINUED FROM JUNE 9, 1997): Richard Pnbyl, Finance D�rector, reported that at the May, 1997, meetmg of the Fndley Home Rule Charter Comnussion, the amendment to Sechon 7 02 of the Fndley City Charter was approved This amendment is now recommended to the City Counc�l for enactment by ordmance At the June 9, 1997 Crty Councd meetmg a pubhc hearmg was opened and then contmued to 7uly 14, 1997 to allow the Charter Commission AYtorney sufficienY time to review Yhe newly passed Ommbus Tax Bill to determme if any confl�cts exist between the new enacted tax law and the Charter change � The conclus�on that the Charter Commission Attorney reached was, "the proposed amendment of Section 7 02 of the Charter may be approved and would govern provided the levy limitat�ons FRIDLEY CITY COUNC]L MEETING OF JULY 14, 1997 PAGE 5 � codified therem do not exceed the levy lurutations authorized by Mmnesota Statutes Sect�on 275 71, Subd 4 As discussed previously, however, the levy l�riutattons imposed by Mmnesota 5tatutes Sechon 275 71, Subd 4, must be cons�dered and may supersede the amended charter provision, at least for taxes levied m 1997 and 1998 " Based on tlus mformation, Mr Pnbyl brought the Charter change back to Councd for their review This amendment removes the 16 mill language and replaces rt w�th a Consumer Pr�ce Index spectfic to the Minneapolts/SY Paul metropolrtan area The Charter Comm�ssion feels that ttus ehrrunates obsolete language w}ule retammg some Lmits m the area of taxation Councilman Billmgs clanfied, from a pract�cal standpomY, that this ts a cleamng up of the language, and it �s fa�r to say there would l�kely be no change m the way the crty operates Mr Pnbyl confirmed that the language would not change the process or procedures that the Crty has put mto process over the past twenty years MOTION by Counctlman Bill�ngs to close the publtc heanng Seconded by Councdwoman Bolkcom Upon a voice vote, all voring aye, Mayor Jorgenson declared the motion carned unarumously and the pubhc hearmg closed at 7 53 p m � 11. APPROVAL OF BEER LICENSE FOR ORIENTAL HOUSE (5865 UNIVERSITY AVENUE N.E.) (WARD 11: Mot�on by Councilman Schneider to waive the readmg and open the pubhc heanng not�ce Seconded by Counalman Samette Upon a voice vote tlus public hearing was opened at 755pm Richard Pribyl Finance Director, reported that tlus new l�cense �s a result of an ownerslup change of t}us busmess The Pohce Department has performed the required background invesGgat�on on Oriental House Publ�c Safety Director Sallman has not found any reason to deny this request MOTION by Councilman Barnette to close the public heanng Seconded by Councdwoman Bolkcom Upon a vo�ce vote, all votmg aye, Mayor Jorgenson declared the mot�on carried unarumously and the public heanng closed at 8 00 p m 12. AOUSING FINANCE PROGRAM AND THE ISSUANCE OF REVENUE BONDS TO FINANCE AN ELDERLY HOUSING DEVELOPMENT (NOAA'S ARK OF FRIDLEY PROJECTI (WARD 3): Motion by Councdman Schne�der to waroe the readmg and open the public hearmg not�ce , Seconded by Councdman Barnette Upon a voice vote, all votmg aye, Mayor Jorgenson declared the motion carned unarumously and the pubhc hearmg was opened at 8 02 p m FRIDLEY CITY COUNCIL MEETING OF JULY 14, 1997 PAGE 6 � Richard Pnbyl, Finance D�rector, reported that this publ�c hearmg �s required as part of the process that the developer must go through to �ssue housmg revenue bonds for the construcUon of the elderly housmg development, "Waters Crest " The procedure will mtroduce the concept of issumg housmg revenue bonds for the development of a semor housmg facilrty The pro�ect wdl use $9,SOQ000 of housmg revenue bonds to finance the construction The debt is a conduit financmg that t�es the owner of the development to the payment of the bonds and not the Crty The pro�ect consists of 112 one bedroom uruts renhng between $605 and $825, as well as two bedroom umts rentmg between $875 and $1100 The pro�ect w�ll operate as an elderly rental housing development w�t}un Nlmnesota Statutes, Chapter 462C Gary Porter, Developer of Noah's Ark, md�cated that there �s an age restnction determmed by I3UD, for ages 55 and above He described the development wh�ch vv�ll mclude commuruty spaces for guest rooms, dmmg rooms, a general store, etc to accommodate the needs of the aging populahon Councilman Barnette mquired about qualifying considerations for appl�cation Mr Porter reported that at least forty percent of the apphcants wrth sncty percent of ined�an mcome ($24,000) will quahfy for the most cost effective rent (not to exceed $600 per month) Uruts are 900 Yo 1,200 square feet, and are des�gned with amb�ance There are eight, 9,000 � square feet of common area mcludmg green space available Laundry facil�ttes are ava�lable on each floor and options to include then each apartment as well Ant�c�pated completion date is June/July 1998 Questtons and concerns can be addressed at the corporate office That telephone number is 484-6474 The pro�ect has received final approval from the Housmg and Redevelopment Author�ty on the use of tax mcrement financmg for the pro�ect They will be receivmg an amount not to exceed $683,000 to be used for land acquisrtion and srte improvements The financmg is provided to reduce the rates to make umts more affordable MOTION by Councilwoman Bolkcom to close the pubLc hearmg Seconded by Councdman Billmgs Upon a voice vote, all votmg aye, Mayor 7orgenson declared the motion carried unarumously and the public hearmg closed at 8 08 p m OLD BUSINESS: 13. RESOLUTION NO. 53-1997 OF THE C[TY OF FRIDLEY. MINNESOTA, DECLARING A BREACH OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND TWO OTHER PARTIES BY REASON OF THE NON-PERFORMANCE BY THOSE PARTiES OF TAEIR OBLIGATiONS THEREUNDER, AND RESERVING FOR TAE CITY OF FRTDLEY TAOSE � � FRIDLEY CITY COUNCII, MEETING OF JULY 14. 1997 PAGE 7 ' REMEDIES AS MAY BE AVAiLABLE TO IT BY LAW (PROPERTY LOCATED AT 61ST AVENUE AND EA5T RIVER ROADI (WARD 3) (TABLED°NNE 23, 1997 : Barbara Dacy, Communrty Development Director, reported that the Crty Council, at rts June 9, 1997 meeting, directed staff to contact Mr Nielson to address the Council abaut th�s resolution Mr NAelson has md�cated that he would not be m attendance at the July 14th meetmg, and that the property could be rezoned to R-1, Smgle Family Dwellmg He said that the new developer would not be pursumg a rezomng to It-3, General Mulhple Famdy Developmg The resolution declares the 1984 development agreement between the Crty of Fndley, Maynard Nielson, and Robert DeGardner breach It also d�rects staff to take the required steps to rezone the sub�ect property located at 61st Avenue and East Rrver Road from R-3, General Mult�ple Family Dwellmg back to R-1, Smgle Family Dwellmg MOT10N by Councilwoman Bolkcom to adopt Resolution No 53-1997 Seconded by Councilman Schneider Upon a voice vote all voring aye, Mayor Jorgenson declared the motion carried unammously ITEMS FROM TAE CONSENT AGENDA: � 2. VARIANCE REOUEST, VAR #97-U8, BY W.W. KLUS REALTY, TO INCREASE TAE MAXiMUM AREA OF A SIGN FROM SO SOUARE FEET TO 130 SQUARE FEET TO ALLOW THE REPLACEMENT OF AN EXISTING PYLON SIGN, GENERALLY LOCATED AT 7920-7990 UNIVERSITY AVENUE N.E. (WARD 3): Mr Bums, Crty Manager, reported that the exishng s�gn allowed by vanance �ssued m 1985 is 160 square feet The sign is bemg reconstructed to 130 feet Pet�t�oner �s seekmg variance for size and set back The request was approved unanimously by the Appeals Comm�ssion on June 25, 1997 with three st�pulat�ons Morion by Councdman B�llmgs to grant Vanance Request, VAR #97-08 wrth the followmg three stipulat�ons (1 ) no addrt�onal pylon signs are to be allowed on e�ther of the two parcels served by the existmg sign, (2 )�f the parcels are separated, the sign must be brought mto compl�ance, and (3 ) the City �s held harmless from hability created by over hangmg the sign on the boulevard Tlus variance shall remam m effect unless any of the followmg occur (1 ) The sign is alYered m any way, except for routme mamtenance and change of inessages wluch makes the s�gn less m comphance with requirements, (2 ) The supportmg structure of the s�gn is replaced or remodeled, (3 ) The face of the sign �s replaced or remodeled, (4 ) The sign becomes dilapidated or damaged and the cost of bnng�ng it mto compl�ance is more than fifty percent of the value of the sign, at which time all of the s�gn and �ts structure be removed, and (5 ) Notwithstand�ng subparagraph � (1) above, upon the change ofthe name ofthe busmess bemg d�splayed on this sign FRIDLEY C[TY COUNCfL MEETING OF JULY 14, 1997 PAGE 8 � At such ttme the owner of the sign will have three months to obtain a s�gn perrrut and construct a sign wluch meets all requuements of this Chapter, or obtam a vanance for any new or existmg stgn wluch does not meet all requ�rements of tlus Chapter 5econded by Councilwoman Bolkcom Upon a vo�ce vote, all voring aye, Mayor Jorgenson declared the mot�on carned unammously 4. RESOLUTION NO 52-1997 AUTHORIZING ADVERTISEMENT FOR BID5 ON WELL HOUSE NO. 1: Mr Burns, City Manager, presented esttmates prepared by 5EH at $255,000 Another $31,785 w�ll be required to connect this location to our 5CADA system Whde these amounts are $36,000 above the 1997 Capital Improvement Plan appropnahons for these rtems, we have $45,000 m savmgs from well redevelopment that can be used to absorb the overage If approved, the pro�ect will be advertised tlus year for a late fall start Ma�or components of tivs pro�ect mclude the demol�t�on of the e�ustmg buildmg and the construction of an 18 foot by 36 foot masonry buildutg, the remstallat�on of well pump motor and accessories and booster pump, discharge pipmg, and chem�cal feed eqwpment, and the mstallation of motor center and �nstrumentation Staffrecommends Counc�Ps approval MOTION by Councilwoman Bolkcom to adopt Resolution No 52-1997 Seconded by Council- � man Schne�der Upon a voice vote, all votmg aye, Mayor Jorgenson declared the mot�on carned unammously 5. RESOLUTION IN SUPPORT OF AN APPLiCA1TON FOR A M INNESOTA LAWFUL GAMBLING PREMISE PERMIT TO MINNEAPOLIS JAYCEES CAARITABLE FOUNDATION: Councilman Barnette shared comments of ]vs expenence workmg with WAABI, and the tremendous assets WAABI has provided tlus communrty It �s not Council's mtention to tell Mam Event how to run the�r busmess He hopes there �s a way to work out tlus issue Councilman B�llmgs requested clarification that only one locaUon can have a lease wrth chariCable gambhng, however the new owners of Mam Event have a prtor workmg relationsh�p w�th the MmneapoLs 7aycees, and he encouraged a good look at both orgamzations prior to makmg a decision Ms Reba WhiteOak, Gamb(mg Manager for the World Associat�on of the Alcohol Beverage Industry, addressed the Council and reported that the new owners of Mam Event have made an agreement with WAABI to rematn domg busmess w�th them MOTION by Councilwoman Bolkcom to table Item No 5 until pehtioner reqaests the Yopic be � placed back on the agenda Seconded by Councilman Barnette Upon a voice vote, all votmg aye, Mayor 7orgenson declared the motion carned unammously FRIDLEY CITY COUNCIL MEETING OF JULY 14. 1997 PAGE 9 � S. LICEN5E5: MOTION by Councilman Billmgs to approve the licenses Seconded by Councilwoman Bolkcom Upon a voice vote, all votmg aye, Mayor 7orgenson declared the mohon carned unanimously OLD BUSINESS: 14. ORDINANCE NO. 1100 AMENDING SECTION 11.01 OF THE FRIDLEY CITY CHARTER REGARDING PUBLIC UTILITIES (TABLED J[TNE 23, 1997): Barbara Dacy, Commumty Development Director, reported that the Mmnesota State Statute requires that an ordmance amendmg the Crty Charter must Ue adopted by the Crty Counc�l by "an affirmative vote of all rts members The purpose of the amendment is to provide the ]egal foundation to enable the Crty to lease pubLc land and facdihes to w�reless commumcat�on providers In add�t�on, the amendment will prov�de the City Council with the flexibthty to determme whether it should pursue ownership and operation of wireless communicaUon facdities The proposed amendment clanfies what a pubhc utility �s and does not dictate to the C�ty Council wluch utility it should undertake Accordmg to the Crty Attorney, a referendum must be passed by two-thirds of the voters before the City Council can pass an ordmance to operate a utihty Staf£recommends that the City Council adopt the ordmance � MOTION by Councilman Schneider to amend Section 11 O1 of the Fr�dley Crty Charter Regardmg Public Uhlrties Seconded by Councilman Barnette Upon a voice vote, all vot�ng aye, Mayor Jorgenson declared the morion carried MOTION by Councdwoman Bolkcom to remove from table the second readmg of an ordmance amending Sechon 11 01 of the City Charter to amend the defimtion of "publ�c utilities" to mclude wireless commurucation antennae Seconded by Counc�lman Schneider 15. SPECIAL USE PERMIT, SP#97-02. BY HOME DEPOT USA, INC., TO ALLOW NURSERiES OR GARDEN CENTER5 WHiCH REOUiRE OUTDOOR SALES AND STORAGE. GENERALLY LOCATED AT 5G50 MAIN STREET N.E. (WARD 31: Scott I3�ckok, Plannmg Coordmator, reported that this �s a spec�al use request permit, with four aisles of park�ng removed m order to screen the area w�th cham Imk fence to allow garden sales of 22,000 square feet m the parkmg lot Home Depot �s located at 5650 Mam Street, and zoned G3 General Shoppmg Area The current garden sales area ts 27,972 Section 205 15 O1 C(I 1) of the Fndley City Code requires a spectal use perzrut for garden centers or nursenes w}uch require outdoor d�splay or storage of inerchandise Ongmal approval stipulated no garden area sale Staf�'s recommendation to deny the request was partially based on viewmg a video of the Home � Depot located m Maplewood FRiDLEY CITY COUNCIL MEETING OF JULY 14. 1997 PAGE 10 � A second v�srt was conducted today at the Maplewood store v�a v�deo demonstrating improvements, however it appears the cham hnk area serves as an mventory storage area At the commission meetmg, Home Depot management was present, as they are this evenmg They have committed to improving the outward appearance Councilwoman Bolkcom mqu�red if part of ttus plan mcludes the storage of fert�l�zer outside Th�s issue has ansen m the past She asked if Wal-Mart has been granted approval for outs�de storage Mr I3�ckok responded that their plan, as d�scussed with the Plannang Commission, did mclude outdoor storage of fertihzer Mr Hickok contmued by statmg that Wal-MaR did have a short term parkmg lot garden center as part of their commitment to mcrease the ex�stmg garden center and contamment area for trucks unloadmg They also went through an elaborate process with thetr outdoor merchandise area Todd Mosher and Vern Taber, representmg Home Depot, addressed the Council Todd Mosher reported that the spec�al use permit requested is for temporary, seasonal sales, from approxi- mately the fourth week m Aprd through the Fourth of July He explained that the Fndley Home Depot was one of the first stores to open m the IvUdwest The ongmal s�te plan approved did not mclude an outdoor sales garden center Home Aepot did not anticipate the demand durmg Aprd through 7uly Home Depot �s a home improvement store, and due to demand, is d�fficult to stock � suffic�ent mventory uiside dunng peak months Other Home Depot stores m the metro area have the outs�de sales area Councilwoman Bolkcom mquired if there are other oprions for expansion on the e�stmg s�te She also requested clarificahon for the temporary request She asked if the request �s temporary, until a permanent structure has been built, or if it is temporardy based on the calendar year for sales Mr H�ckok said that he believes there are arclutectural solutions that would allow the large amount of mventory to be kept confined Mr Taber reported that the extreme demand for seasonal merchandise is temporary, from April to July A temporary housmg outs�de can be kept m an attractrve and safe sellmg area m order to offer the quant�hes requued m this commumty The company is wdlmg to put up safety signage and work m cooperatron with the Crty's requirements Mr Taber requested pertrussion for one year, where Home Depot has an opportumty to provide an example of good business practices He also mquved why Menards �s able to have outside buildmgs and a fenced m area m their parkmg lot Councilman Bdlmgs reported that the zomng laws have changed smce the time Menards purchased the buddmg When Wal-Mart moved mto the community they also d�d not ant�c�pate � the sales volume of the grovv�ng season, and thus requested a special use permrt for temporary outdoor sales until a permanent structure could be erected if the crty were to �ssue a temporary perrrut for the 1998 growmg season, rt would be treated s�rrularly to the Wal-Mart case FRIDLEY CITY COUNCIL MEETING OF JITLY 14. 1997 PAGE 11 � Therefore, Councilman Bilhngs recommended tabhng the topic tomght suggestmg that Councd create some l�mitations as to what could be located outside and address the special use perrrut request at the 7uly 28 meetmg Tlus would give Home Depot the opportunrty to have a season of outdoor sales m order to determme if rt is a sound busmess decis�on to expand Councdman Schne�der repoRed that Wal-Mart was granted a one-year special use permrt with a stipulation for approval of the�r expansion It does not appear that Home Depot has plans to add a permanent 22,000 square foot addrtion Mayor 7orgenson mqu�red from Home Depot representatives �f they would hke a dec�s�on tomght or have the rtem tabled for two weeks Mr Taber requested permtsston to present a rev�sed plan t}us evenmg, as a result of the react�on of the Plauoing Comm�ssion which would ioclude (1 ) There will be no pesricides or herbicides stored outside, (2 ) a reduchon of 22,OOOsq ft area down to a 10,000 sq ft area to brmg the parkmg requirements to code, (3 ) Safety concerns for pedestnan/veh�cle issues will be addressed with stop signs, and (4 ) no parkmg signs, and the cham lmk fence could be green Mayor 7orgenson requested clanfication �fthis proposal is temporary Mr Taber reported that Home Depot is wilhng to apply for a special use permit each year � Mayor Jorgenson felt that if she saw a permanent structure m the plan she may consider approving a request of th�s type However it does not appear Home Depot has plans for permanent expansion Councilman Bamette expressed concern that if this request were granted, all the other s�mdar busmesses will be here with s�nular requests He thanked the Home Depot representattves for commg forward in a good faith effort to establish a worktng relationship with Yhe City of Fridley Mr Htckok clanfied the hmetable remammg on this issue, as �t can be addressed m August, and must be voted on by August 25 Counc�lman Billmgs summarized past representat�ons made by Home Depot to get a store built, which did a disserv�ce to Home Depot Corporate Headquarters It is difficult to not base decis�ons on past expenences He recommended that the store develop a plan with their corporate headquarters Perhaps the plamm�g staff could come up wrth some sripulations m the event that Councd moved to accept a special use perm�t MOTION by Councilwoman Bolkcom to table Special Use Permit 97-02 to August 11, 11997 Seconded by Councilman Barnette Upon a voice vote, all votmg aye, Mayor Jorgenson declared the motion carried unarumously 1 � � � RRIDLEY CITY COUNCIL MEETING OF JULY 14, 1997 PAGE 12 16. RESOLUTION NO. 54-1997 RECITING A PROPOSAL FOR A AOUSING FINANCE PROGRAM TO FINANCE AN ELDERLY F[OUSING DEVELOPMENT PROJECT, GIVING PRELTMINARY APPROVAL TO THE PROJECT AND TAE ISSUANCE OF REVENUE BONDS PURSUANT TO 111INNESOTA LAW, AND RATIFYING THE PREPARATION OF A HOUSiNG FINANCE PROGRAM INOAH'S ARK OF FRIDLEY PROJECT) (WARD 3): Mr Pnbyl, Finance D�rector, reported that this is the second step that Noah's Ark Semor Housmg, Inc must follow m order to proceed wrth the semor pro�ect In the pubLc heanng it was stated that the pro�ect �s antic�patmg usmg housmg revenue bonds, m an amount not to exceed $9,500,000, a�d some tax mcrement funds to finance the pro�ect Th�s resolut�on will prov�de the developer wrth the necessary City conceptual approval to proceed to have bond counsel prepare the necessary documents that relate to the pro�ect It also provides bond counsel with the necessary authority to consult with the Crty Attorney, developer and underwnter of bonds, as to the maturates, mterest rates and any other �tems and provisions of the bonds necessary for the preparation of the iinal documents that wtll be prov�ded to the C�ty, at some time m the future, for the City Counc�Ps final approval of the pro�ect There �s nothmg m this resolution related to this pro�ect that will obhgate the City to any expend�ture of mumc�pal funds MOTION by Councilwoman Bolkcom to adopt Resolution No 54-1977 Seconded by Councd- man Barnette Upon a voice vote, all votmg aye, Mayor 7orgenson declared the motron carned unammously 1NFORMAL STATUS REPORTS: MAGGIE NELSON Magg�e Nelson, 6090 Woody Lane smce 1960, addressed Council Over the course of many years she has had problems because oithe stortn sewer, which is sYill not capable af handlmg the water In 1981, Ms Nelson had a reta�mng wall mstalled m her back yard as a result of storm sewer floodmg Due to the storm last week the wall has been destroyed Ms Nelson has received an $ll,000 estimate to replace the wall without msurance to cover the cost She is requesting repa�r of the storm sewer to ensure the retammg wall wdl not be washed out agam durmg another storm She �s also requeshng financial assistance m replacmg the retainmg wall Mr Flora explamed that �t will take appro�mately two weeks to review the twelve properties mvolved because of the recent flood events and to outhne some solutions RAY MCAFFEE Ray McAffee, 1360 I�llcrest Dnve, reported that this problem has existed for twenty years He bel�eves that a smgle catch basm w�th a 14 mch pipe was mstalled many yeazs ago He requested the support ofthe C�ty to address th�s storm sewer problem and to ass�st Ms Nelson financtally to replace Yhe retammg wall L I � � FRIDLEY CTTY COUNCIL MEETING OF JULY 14, 1997 PAGE 13 Counctlman 5chne�der acknowledged the storm sewer problem He reported that the C�ty has their engmeers studymg the problem to find a solurion ADJOURNMENT: MOTION by Councdman Schneider to ad�ourn the meetmg Seconded by Counc�lwoman Bolkcom Upon a voice vote, all votmg aye, Mayor 7orgenson declared the mot�on camed unammously and the Regular meetmg of the Fridley City Council of 7uly 14, 1997 ad�ourned at 945pm Respectfully submrtted, �"�a.� K�� Debb�e Kidder Secretary to the CiYy Council � � /�� � �/ ,�� �� � /�� � Nancy J Fdrgenson Mayor