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05/04/1998 - 00000202THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 4, 1998 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom MENIBERS ABSENT: None PROCLAMATIONS: Veterans' Buddy Poppy Day: May 15, 1998: Mayor Jorgenson read and issued a proclamation declaring May 15, 1998 as Veterans' Buddy Poppy Day in the City of Fridley. She urged residents of Fridley to recognize the merits of this cause by contributing generously to its support by purchasing buddy poppies and wearing them as evidence of their gratitude to the men and women of our country who risked their lives in defense of freedom which we continue to enjoy today. Ms. Ma�ne Nystrom, Poppy Chairman, and Ms. Sarah Erickson, Poppy Queen of the VFW, were present to accept this proclamation. Public Works Week: May 17 - 23, 1998: Mayor Jorgenson read and issued a proclamation declaring the week of May 17 through May 23, 1998 as Public Works Week in the City of Fridley. She asked residents and civic organizations to recognize the contributions that the Public Works Department makes to the health and safety of citizens of the community. Mr. John Flora took this opportunity to introduce the four Division Supervisors of the City's Public Works Department. Jim Saefke, Water Supervisor; Ken Holmstrom, Streets Supervisor; Jim Brindley, Sewer Supervisor; and Dave Lindquist, Parks Supervisor. Each gave a brief overview of their departmental service and expressed gratitude to the Council for their support and for providing them with the equipment necessary to provide for efficient service to the residents of Fridley. CITY COUNCIL MEETING OF MAY 4, 1998 PAGE 2 1. BOARD OF REVIEW MEETING: MOTION by Councilmember Schneider to re-open the Board of Review Meeting. Seconded by Councilmember Barnette. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried unanimously and the Board of Review Meeting was re-opened at 7:40 p.m. Mr. Surendra Chaudharv, 5640 N. Danube Road: Mr. Chaudhary provided Council with copies of the updated market analysis of his property at 5640 N. Danube Road, completed by Mr. Gordon Denham of Edina Realty. Mr. Denham suggested a listing price range of $175,000 to $185,000 based on its current condition. He suggested a number of improvements to make the home more marketable. Such improvements included a new roof, new carpeting, replacement of three sliding glass doors, painting of interior and e�terior, and refinishing of the decks. The estimated cost of these improvements would be $20,000. Recovery of the cost of the improvements would be appro�mately fifty percent ($10,000) with an estimated listing price at that time of $185,000. The comparisons used by Mr. Denham are the same ones used by the Assessing Department. However, Mr. Chaudhary noted that the square footage for comparables listed in the assessor's review are inaccurate and that two of the homes have a considerable higher finished square footage. Furthermore, one of the homes is a two-story home and not comparable to a split foyer home such as his which is less marketable and sells for considerably less. Mr. Chaudhary explained that the house has not appreciated much in the past several years. Councilmember Schneider noted that on Page 2 of the Market Analysis, the 1998 Market Value is listed as $191,400. The City's assessed market value was $188,200. Therefore, it is evident that the City's assessed market value is consistent with the value placed on the property by Mr. Denham. Mr. Chaudhary stated that he believed the 1998 value should be no more than $175,000. Councilmember Schneider stated that, based on information he has received, he could not justify a reduction in the value to $175,000. Councilmember Bolkcom agreed. MOTION by Councilmember Schneider to affirm the City Assessor's value at $188,200 for the property at 5640 N. Danube Road. Seconded by Councilmember Barnette. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Councilmember Barnette encouraged Mr. Chaudhary to bring this item before the County Board. Mayor Jorgenson noted that he will need to contact Anoka County to schedule a time to appear before the Board of Equalization, should he desire to take this complaint further. CITY COUNCIL MEETING OF MAY 4, 1998 PAGE 3 MOTION by Councilmember Schneider to adjourn the Board of Review Meeting at 8:03 p.m. Seconded by Councilmember Bolkcom. Councilmember Billings requested that Mr. Hervin, Assessor, review the information provided on the comparables prior to the meeting of the Anoka County Board of Equalization, and verify that the information is correct. Mr. Hervin agreed to do so. He noted that a Real Estate Estimate of Market Value is not the same as an appraisal and that a certified appraisal provides a more accurate value of the property. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the Board of Review meeting adjourned at 8:03 p.m. STATE LEGISLATIVE UPDATE: Representative Alice Johnson, Senator pon Betzold and Senator Steve Novak were present and provided a brief update on the 1997-98 legislative session. Senator Betzold provided information with regard to some of the issues discussed including the K-12 bill, Human Services, Tornado Relief, Crime Prevention and Tax Increment Financing. Representative Johnson provided information in regard to her work on the Tax Committee over the past two years. She noted that she has taken the position that levy limits are not necessary for cities and that elected officials should set the amount of taxes that can be collected. Senator Novak provided an update in regard to the 7obs Energy and Community Development Finance package, the continuation of the North Suburban Planning Corridor, the Fridley Historical Society funding, transitional housing, and the redevelopment of polluted land properties. Councilmember Billings stated that he felt the imposition of levy limits by the legislature is something that poses a hardship on the cities that have consistently tried to hold their taxes down by spending down reserves and using other various mechanisms. Mayor Jorgenson noted that any reductions in the taxes require the City to make necessary adjustments in another area. 1997 CITY OF FRIDLEY BUSINESS SURVEY: Mr. Bill Morris of Decision Resources was present to provide Council and staff with a summary of the business survey conducted in the City of Fridley. He presented data collected in the survey including opinions about the City's services, crime and policing, appearance and image, code requirements, redevelopment projects, housing programs, and recycling programs. One of the areas of irritation for businesses appeared to be the stringent enforcement of City codes with a lack of understanding of some of the code requirements. In summary, however, it was felt that dissatisfaction was very low and that City services were rated rather high. CITY COUNCIL MEETING OF MAY 4, 1998 PAGE 4 APPROVAL OF MINUTES: COLTNCIL MEETING - Apri120, 1998: MOTION by Councilmember Bolkcom to approve the minutes of the Apri120, 1998 City Council Meeting as presented in writing. Seconded by Councilmember Schneider. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 2 RESOLUTION # 28-1998 IN SUPPORT OF A CHARITABLE GAMBLING PREMISE PERMIT FOR THE CHURCH OF THE IMMACULATE CONCEPTION (TABLED 4/20/98): Mr. Burns, City Manager, explained that at the Apri120 Council meeting clarification was requested for this application. This is the second application for a charitable gambling permit at the Knights of Columbus Hall to come before Council this year. The City Clerk has indicated that there is no restriction in our local code or in State law which would prevent the licensing of two organizations at the same location, as long as the organizations are using separate space for their operations. In this case, the Knights of Columbus and the Church of the Immaculate Conception conduct charitable gambling activities at the Knights of Columbus Hall at alternate times. This arrangement has been in e�stence for appro�mately four years. Staff has found no problem with the operation of either organization and recommends that Council renew the lawful gambling license for the Church of the Immaculate Conception. ADOPTED RESOLUTION # 28-1998. NEW BUSINESS: 3. CONSIDERATION OF A MOTION TO APPROVE CHANGE ORDER NO. 2 FOR THE HACKMANN AVENUE STREET IMPROVEMENT PROJECT: Mr. Burns explained that this change order is for the replacement of si�teen water service lines and valves and for the replacement of sanitary sewer lines. The water service lines and valves were found to be deteriorated or inoperable at the time of reconstruction of the Hackmann Avenue water main. A section of sewer line was impacted by the water line and valve replacement. The cost of the this additional work is $9,327.13. Staff recommended approval in the above amount to the benefit of Forest Lake Contracting, Inc. APPROVED CHANGE ORDER NO. 2, FOR THE HACKMANN AVENUE STREET IMPROVEMENT PROJECT NO. ST. 1998-1. CITY COUNCIL MEETING OF MAY 4, 1998 PAGE 5 4. RESOLUTION NO. 29-1998 ESTABLISHING A PUBLIC HEARING RE- GARDING THE CONSTRUCTION OF PUBLIC IMPROVEMENTS ON OLD CENTRAL AVENUE: Mr. Burns explained that Anoka County is proposing to upgrade Old Central Avenue from Rice Creek to the northern limit of Fridley. The project will include a new storm sewer, concrete curb and gutter, and a bike path along the west side of the roadway. In accordance with City policy, the curb and gutter will be assessed to abutting property owners on a front foot basis at a cost of $11.00 per front foot. Mr. Burns stated that staff requested that Council establish a public hearing for May 18, 1998 in anticipation of this assessment. ADOPTED RESOLUTION NO. 29-1998. 5. CONSIDERATION OF A MOTION TO ADVERTISE FOR BIDS FOR IMPROVEMENTS TO THE LOWER LEVEL OF THE FRIDLEY ACTIVITY CENTER: Mr. Burns stated that the Fridley Activity Center , located at 6085 Seventh Street, has been a cooperative project by the City of Fridley and School District No. 14. While the upper level of this facility has been in use since last Fall, the lower level remains unfinished. With a grant from the State of Minnesota, the City would like to proceed with the finishing of the lower level to accommodate many of the youth programs and to expand opportunities for community use of the facility. The improvements have been designed with the help of youth as well as the input of all age groups and include a dance/exercise room, a game room and a lounge area. It is estimated that these improvements will cost $364,169. Of this amount, $280,250 is available with grant proceeds, $55,380 will come from contributions raised by the community fund raising campaign, and $28,539 will come from the City's Liquor Operations Funds. AUTHORIZED ADVERTISEMENT FOR BIDS ON THE CONSTRUCTION OF THE LOWER LEVEL AT THE FRIDLEY COMMUNITY CENTER. 6. CLAIMS: APPROVED THE PAYMENT OF CLAIM NOS. 80376-80564. 7. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 8. ESTIMATES: APPROVED THE ESTIMATES AS FOLLOWS: CITY COUNCIL MEETING OF MAY 4, 1998 PAGE 6 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 Central Avenue Bikeway/Walkway Project No. ST. 1994-9 FINAL ESTIMATE: $ 2,944.80 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 Hackman Avenue/Hackman Circle Street Reconstruction Project No. ST 1998-1 Hackman Avenue Water Main Repair Project No. 317 Estimate No. 2 $79,487.77 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of February 1998: $17,287.00 Frederic W. Knaak, Esq. Holstad and Larson, PLC 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of April 1998: $ 4,250.00 No persons in the audience spoke regarding the proposed consent agenda items. MOTION by Councilmember Schneider to approve the consent agenda as presented. Seconded by Councilmember Barnette. UPON A VOICE VOTE, all voting aye, Mayor 7orgenson declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilmember Schneider to approve the adoption of the agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously. CITY COUNCIL MEETING OF MAY 4, 1998 PAGE 7 OPEN FORUM, VISITORS: There were no questions or comments from the public. Councilmember Barnette noted that at one of the last Council meetings, a discussion ensued in regard to the renewal of gambling licenses. In defense of WAABI who was being displaced in two of the establishments, he believes he spoke incorrectly. He stated at the meeting that WAABI had given the largest scholarship to the scholarship fund at Fridley High School. He intended to state that WAABI gave the two largest SINGLE scholarships (two $1,500 scholarships). The Lion's Club has, for many years, given ten $500 scholarships for a total of $5,000 per year. He wished to correct the error and to give credit to all of the service organizations for what they have done for the City of Fridley. PUBLIC HEARING: 9. APPROVAL OF BEER LICENSE FOR GREAT LAKE CHINESE RESTAURANT (7890 UNIVERSITY AVENUE N.E.)(WARD 3): MOTION by Councilmember Bolkcom to open the public hearing at 9:02 p.m. Seconded by Councilmember Billings. UPON A VOICE VOTE, all voting aye, Mayor 7orgenson declared the motion carried and the public hearing was opened at 9:02 p.m. Mr. Burns stated that a beer license has been requested by the owner of the Great Lake Chinese Restaurant at 7890 University Avenue N.E. The Police Department has performed the required background investigation and has not found any reason to deny the request. Mr. Tim Vo, Business Manager for the Great Lake Chinese Restaurant, was present to answer any questions in regard to this request. Councilmember Bolkcom asked if the applicant was aware of the food/liquor ratio which will need to be met. Mr. Vo responded in the affirmative. He provided a brief summary of the restaurant, including hours of operation, menu options, etc. With no further questions, there was a MOTION by Councilmember Bolkcom to close the public hearing at 9:08 p.m. Seconded by Councilmember Schneider. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried and the public hearing was closed at 9:08 p.m. She noted that the request for a beer license for the Great Lake Chinese Restaurant will be on the May 18 City Council agenda for consideration at that time. OLD BUSINESS: 10. VARIANCE, VAR #98-06, BY NORTHWESTERN ORTHOPAEDIC SURGEONS PARTNERSHIP, LLP, TO REDUCE THE NUMBER OF PARKING STALLS AS REQUIRED BY CITY CODE TO ALLOW AN EXPANSION WITHIN THE CITY COUNCIL MEETING OF MAY 4, 1998 PAGE 8 EXISTING BUILDING FOOTPRINT, GENERALLY LOCATED AT 8290 UNIVERSITY AVENUE N.E. (TABLED 04/20/98)(WARD 3): Ms. Barbara Dacy, Community Development Director, explained that the petitioner has indicated that they are going to pursue the construction of a parking ramp on their property rather than seek a variance request and rely on parking space available across the street. Staff is asking for formal Council action on this request, and recommending denial of the variance. MOTION by Councilmember Bolkcom to deny Variance Request #98-06. Seconded by Council- member Schneider. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 11. VARIANCE REQUEST, VAR. #98-09, BY KIM MILLER OF MILLER FUNERAL HOME, TO ALLOW THE REDUCTION OF THE SIDE YARD SETBACK FROM 80 FEET TO 37 FEET FOR A BUILDING ADDITION AND CANOPY, GENERALLY LOCATED AT 6210 HIGHWAY 65 (WARD 2): Ms. Dacy explained that Kim Miller of Miller Funeral Home is requesting a side yard setback variance request to allow the expansion of their facility at 6210 Highway 65. The request would reduce the setback from 80 feet to 37 feet from the right-of-way. This will allow for the construction of a 30.5 foot by 66 foot building addition and a 12 foot by 24 foot canopy. Both structures will be located on the west side of the e�sting facility. With the location of the canopy e�tending into the e�sting utility and drainage easement, staff is recommending that a hold harmless agreement between the petitioner and the City be executed. The request has minimal adverse impacts on adjacent properties because the proposed addition will have a similar right-of-way setback as the e�sting building and will not increase drainage from the parcel. Staff recommended that the Appeals Commission approve the variance request with the following stipulations: 1) the e�terior of the building addition shall match that of the e�sting principal building, 2) the canopy e�end no further than 10 feet into the drainage utility easement. 3) the design of the canopy must be approved by the Engineering Department, 4) the property owner must enter into a hold harmless agreement with the City with regard to the structure in the drainage utility easement and the agreement must be recorded with Anoka County, 5) the canopy shall not be enclosed with garage doors, and 6) the petitioner shall grant a 10 foot utility and drainage easement adjacent to the existing easement as described in VAR #98-04. Mayor 7orgenson noted that Council would like to be assured that the building finish on the west side of the garage be consistent with the e�sting building. Ms. Dacy stated that this was a stipulation in the previous variance that Council approved at the Apri16 meeting. MOTION by Councilmember Schneider to approve the Variance Request, VAR #98-09, by Kim Miller of Miller Funeral Home, to allow the reduction of the side yard setback from 80 feet to 37 feet for a building addition and canopy generally located at 6210 Highway 65 with the stipulations CITY COUNCIL MEETING OF MAY 4, 1998 PAGE 9 as outlined above. Seconded by Councilmember Billings. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 15. INFORMAL STATUS REPORTS: Ms. Dacy noted that at the last City Council meeting, during Open Forum, a resident inquired as to the possibility of using larger waste containers for yard waste. Currently, the ordinance allows for a 32 gallon container. Waste Management was offering a 96 gallon container for yard waste. Ms. Dacy provided the Council with a summary of the advantages and disadvantages of the use of larger containers. She noted that this issue was included in a recent resident survey and 37 percent indicated a desire for larger containers. Several concerns were addressed by Council, and a question was raised as to whether all of the waste haulers could accommodate the larger containers. If not, it would limit the number of waste haulers serving the Fridley area. It was the general consensus that the survey indicates that there is no compelling need for immediate change. Ms. Dacy provided information in regard to two vision meetings which have been scheduled for May 28, 1998 and June 25, 1998. The City will be hiring a consultant to assist staff in re-writing the Comprehensive Plan. As a part of the process, the consultant would like to have the two vision meetings made up of homeowners, businesses, tenants, apartment owners, churches, schools, etc. The purpose of the first meeting will be to help define what Fridley is today and find out from the community what they would like to see in the year 2010 and 2020. The second meeting will define what the City's benchmarks for success will be. The meetings could be held in the cafeteria or gymnasium of the middle school, but no final plans have been made at this point. Ms. Dacy noted that anyone who lives or works in Fridley is encouraged to attend the meetings. Councilmember Bolkcom suggested that Ms. Dacy look at child-care options for those who have small children and wish to attend. Mayor 7orgenson suggested that the meetings be held in a facility with air conditioning. Councilmember Bolkcom noted that the ne�t Fiftieth Anniversary Task Force meeting will be held May 14, 1998 at 5:30 p.m. in the lower level of the Municipal Center. If anyone desires more details they can contact the City Manager's Office. Mayor Jorgenson noted that the Loyalty Day Parade was a success. ADJOURNMENT: MOTION by Councilmember Schneider to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried CITY COUNCIL MEETING OF MAY 4, 1998 PAGE 10 unanimously and the Regular Meeting of the Fridley City Council of May 4, 1998 was adjourned at 9:40 p.m. Respectfully submitted, Tamara D. Saefke Nancy J. Jorgenson Recording Secretary Mayor