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03/06/2000 - 00008705THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 6, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:36 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 7orgenson, Councilmember Barnette, Councilmember Billings, and Councilmember Bolkcom MEMBERS ABSENT: None STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of other with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. PRESENTATION: Mr. Brandon Shar�, Fridley Wal-Mart Store Manager Mr. Sharp stated that he was present to award a check in the amount of $6,870 to the Fridley Middle School. Mr. Siah St. Clair, Naturalist, thanked Wal-Mart and especially Mr. Sharp for his persistence and hard work to keep the application for the funds on track This money will be spent on the wetland curriculum of the middle school in Fridley that is taught to all of the students. They do environmental assessments, wetland surveys, and determine water quality and other aspects of wetlands within Fridley and adjoining areas. Mr. Sharp stated that this is part of a Clean Air and Water Act Grant that Wal-Mart has established that each store applies for. Mr. Sharp stated that he would like to present Ms. Connie Thompson, Senior Program Coordinator, a check in the amount of $5,000 for the senior center. Mr. Burns stated that Ms. Thompson could not be present at the meeting to accept the award, but he would accept it on her behalf. Mr. St. Clair stated that Wal-Mart presented another award to Springbrook Nature Center for the New Year's Eve program of this past year. He said the City appreciates Wal-Mart being a really good neighbor. Mr. Sharp stated that they have a charity appeal a couple of weeks before Thanksgiving where a portion of a Saturday's sales goes toward wherever they choose. The staff at Wal-Mart chose Springbrook Nature Center. Mr. Sharp thanked the City Council. Mayor 7orgenson and the City Council thanked Mr. Sharp. PRESENTATION Ms. Mary Billstein, Mediation Services for Anoka CountX Ms. Billstein presented the City Council with a report on the services provided by Mediation Services for the residents of Fridley in 1999. Mayor Jorgenson stated that Mediation Services for Anoka County strives to bring peace and harmony to the community. Ms. Billstein stated that was correct. They have referral sources for the law enforcement community and some people at the City offices to assist people with complaints of neighbors parking in the wrong spot, dogs barking, accidental damage to homes, and similar things. They also have a family visitation program for parents who are in conflict with their children. Their "Students to School" program is aimed at reducing elementary truancy. They work with parents, representatives from school, social workers, and students to reduce truancy. The City Council thanked Ms. Billstein. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meetin� of February 14, 2000 FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 3 Councilmember Bolkcom stated that on page 7 the sentence, "Councilmember Bolkcom asked Mr. Haukaas if they were going to televise the plans" should be changed to "Councilmember Bolkcom asked Mr. Haukaas if they were going to televise the lines." OLD BUSINESS: 1. SECOND READING OF ORDINANCE NO. 1137 REPEALING CHAPTER 31 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 31, ENTITLED "PAWN SHOPS" AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE ENTITLED "GENERAL PROVISIONS AND FEES:" Mr. Burns, City Manager, explained that staff was proposing to rewrite the City's pawnshop ordinance in conjunction with participation in the Minneapolis Automated Pawn System. The most significant of the changes is a change in the fee schedule. Currently, there is a licensing fee that ranges between $10,000 and $15,000 for three classes of pawn shops. The new legislation establishes a$3,000 annual license fee for all pawnshops and a $1.50 transaction fee for every transaction recorded in a pawn shop. The Public Safety Director expects that the combination of license fees and the transaction fees would be sufficient to allow the City to receive the same amount of revenue under the new ordinance as it was receiving under the old ordinance. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1137 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 15, 2000: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 15, 2000. 3. RESOLUTION NO. 21-2000 APPROVING A SUBDIVISION, LOT SPLIT, LS #00-01, TO ESTABLISH TWO INDIVIDUAL PARCELS ON THE PROPERTY, GENERALLY LOCATED AT 1491 RICE CREEK ROAD BY K. ROBERT FINNAMORE)(WARD 2): Mr. Burns, City Manager, stated that this was consideration of a motion approving a subdivision lot split for property located at 1491 Rice Creek Road. The proposed split was requested by K. Robert Finnamore to allow the construction of a new single family home. The Planning Commission reviewed and approved the request at their February 15 meeting. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 4 ADOPTED RESOLUTION NO. 21-2000 APPROVING A SUBDIVISION, LOT SPLIT, LS #00-01, TO ESTABLISH TWO INDIVIDUAL PARCELS ON THE PROPERTY, GENERALLY LOCATED AT 1491 RICE CREEK ROAD. 4. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND ANN L. BATESON, GEORGE F. BATESON, MARY E. PIETRINI AND DENNIS J. PIETRINI FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF OLD CENTRAL AND HEATHER PLACE (WARD 2): Mr. Burns, City Manager, stated that this was consideration of a motion to approve a development agreement between the City of Fridley and George F. Bateson, et al., for property located at the northeast corner of Old Central Avenue and Heather Place. Mr. Knaak, City Attorney, suggested that the stipulations for the George Bateson plat be incorporate into a separate development agreement. Staff recommended the development agreement for Council's approval. APPROVED DEVELOPMENT AGREEMENT. 5. RESOLUTION NO. 22-2000 APPROVING A PLAT, PS #99-05, BY GEORGE BATESON, ANN BATESON, DENNIS PIETRINI, AND MARY PIETRINI TO REPLAT PROPERTY TO ACCOMMODATE FOUR SINGLE FAMILY RESIDENTIAL LOT, GENERALLY LOCATED AT THE NORTHEAST CORNER OF OLD CENTRAL AND HEATHER PLACE (WARD 2): Mr. Burns, City Manager, stated that this was consideration of a resolution approving a plat for George Bateson, et al., for four lots located at the corner of Old Central Avenue and Heather Place. On October 25, 1999, Council approved the Heather Hills North preliminary plat that creates four new single-family lots at the northeast corner of Old Central and Heather Place. Staff reviewed the final plat mylars and confirmed the accuracy of the document as it relates to both City and County requirements. The Planning Commission reviewed and approved the final plat for this project at their February 15 meeting. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 22-2000 WITH THE FOLLOWING EIGHT STIPULATIONS: 1) GRADING AND DRAINAGE PLANS TO BE APPROVED BY CITY'S ENGINEERING STAFF PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, IN ORDER TO MINIMIZE IMPACTS TO THE SURROUNDING PROPERTIES; 2) PETITONER SHALL PROVIDE A 20 FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE EASTERLY AND SOUTHERLY PROPERTY LINES OF PROPOSED LOT 4; 3) PETITIONER SHALL PROVIDE A 12-FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE NORTHERLY PROPERTY LINE OF PROPOSED LOTS 1, 2, 3 AND 4; 4) PROVIDE PROOF THAT ANY EXISTING WELLS OR INDIVIDUAL SEWAGE TREATMENT SYSTEMS LOCATED ON THE SITE ARE PROPERLY CAPPED FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 5 OR REMOVED; 5) DURING CONSTRUCTION, SILT FENCING SHALL BE USED WHERE APPLICABLE; 6) PETITIONER SHALL PAY $750 PER LOT PARK FEE PRIOR TO ISSUANCE OF BUILDING PERMITS; 7) PETITIONER TO PAY ALL WATER AND SEWER CONNECTION FEES; AND 8) THE PETITIONER SHALL AGREE TO PRESERVE MATURE TREES TO THE EXTENT POSSIBLE. ALL TREES REQUIRED TO BE REMOVED FOR THE NEW HOMES SHALL BE MARKED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF BUILDING PERMITS. 6. APPROVE AGREEMENT FOR 2000 RESIDENTIAL RECYCLING PROGRAM BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA: Mr. Burns, City Manager, stated that this was consideration of a motion approving an agreement between the City of Fridley and Anoka County regarding the City's 2000 residential recycling program. The agreement allows the City to receive up to $75,218.56 in State Score Funds from Anoka County for our residential recycling program. The agreement is an e�tension of the 1999 agreement that establishes recycling program requirements, reporting requirements, billing and payment procedure for receipt of S.C.O.R.E. funds and financial record keeping requirements. Staffproudly noted that the recycling program has steadily increased recycled tonnage since its inception. Staff recommended approval of this agreement. APPROVED AGREEMENT FOR 2000 RESIDENTIAL RECYCLING PROGRAM BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA. 7. APPROVE AGREEMENT FOR SERVICES BETWEEN THE CITY OF FRIDLEY AND ANOKA COUNTY COMMUNITY CORRECTIONS: Mr. Burns, City Manager, stated that this was consideration of a motion approving an agreement for services between the City of Fridley and Anoka County Community Corrections. This agreement provides for "diversion hearings" as an alternative to the formal juvenile court system for first-time juvenile offenders in Fridley. Under the terms of the contract with the County, the City uses the County's Juvenile Accountability Incentive Block Grant to pay the salary of a part-time diversion hearing officer who holds hearings approximately twenty hours per week The hearings are for youth referred to the City by the County Juvenile Court System. They are youth who have committed minor offenses such as truancy, underage use of alcohol and tobacco and curfew violations. The hearing would also be used for minor criminal violations such as shop lifting. The hearings are held either here or at school district property and are attended by our hearing officer, Ms. Yaeger; the youth; the youth's parents; and a school representative in truancy cases. In shoplifting cases, a representative of the store where shoplifting occurred is often present. The hearings offer an alternative to the first-time underage offender and allows them to avoid establishing a criminal record. The City's Project Safety Net outreach workers conduct post-hearing follow-up to make sure that compliance with hearing goals is achieved. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 6 APPROVED AGREEMENT FOR SERVICES BETWEEN THE CITY OF FRIDLEY AND ANOKA COUNTY COMMUNITY CORRECTIONS. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 7 8. RECEIVE BIDS AND AWARD CONTRACT FOR SANITARY AND STORM SEWER LINING PROJECT NO. 329: Mr. Burns, City Manager, stated that this was consideration of a motion to receive bids and award a contract for sanitary and storm sewer lining. The low bidder for the City's 2000 storm sewer and sanitary sewer lining program is Lametti & Sons, Inc. from Hugo, Minnesota. Staff recommended that Council receive the bids and award the contract to Lametti & Sons in the amount of $201,515. This amount is well below the $240,000 that was budgeted. RECEIVED BIDS AND AWARDED THE CONTRACT FOR SANITARY AND STORM SEWER LINING PROJECT NO. 329 TO LAMETTI & SONS, INC., IN THE AMOUNT OF $201,515. 9. RECEIVE BIDS AND AWARD CONTRACT FOR MISCELLANEOUS CONCRETE CURB AND GUTTER PROJECT NO. 330: Mr. Burns, City Manager, stated that this was consideration of a motion to receive bids and award a contract for miscellaneous concrete curb and gutter installation. The low bidder for the City's 2000 miscellaneous, curb and gutter program is Ron Kassa Construction of Elko, Minnesota. Staff recommended that Council receive the bids and award the contract to Ron Kassa Construction in the amount of $54,537.50. This amount falls within the amount that was budgeted. RECEIVED BIDS AND AWARDED THE CONTRACT FOR MISCELLANEOUS CONCRETE CURB AND GUTTER PROJECT NO. 330 TO RON KASSA CONSTRUCTION IN THE AMOUNT OF $54,537.50. 10. RECEIVE BIDS AND AWARD CONTRACT FOR 2000 STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 2000-10: Mr. Burns, City Manager, stated that this was consideration of a motion to receive bids and award a contract for the 2000 sealcoat project. The low bidder for the 2000 sealcoat program was Allied Blacktop Company of Maple Grove, Minnesota. The streets to be sealcoated lie between University Avenue and the City's border with New Brighton. The southern boundary for the project is the Columbia Heights border. The northern boundaries are generally Hathaway Lane and 61gt Avenue. Staff recommended that Council receive the bids and award the contract to Allied Blacktop Company in the amount of $137,988.37. This number is well within the $180,000 that was budgeted. RECEIVED BIDS AND AWARDED THE CONTRACT FOR 2000 STREET IMPROVEMENT PROJECT NO. ST. 2000-10 TO ALLIED BLACKTOP COMPANY IN THE AMOUNT OF $137,988.37. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 8 11. RESOLUTION NO. 23-2000 AUTHORIZING A CHANGE IN MILEAGE REIMBURSEMENT RATES FOR THE 2000 CALENDAR YEAR: Mr. Burns, City Manager, stated that this was consideration of a resolution authorizing a change in mileage reimbursement rates. The Internal Revenue Service has raised its mileage reimbursement rate from $0.31 to $0.325. Staff recommended that the City follow past practice and adopt the Federal rate. ADOPTED RESOLUTION NO. 23-2000. 12. RESOLUTION NO. 24-2000 ESTABLISHING A PUBLIC HEARING FOR MARCH 20, 2000, TO ASSESS THE EFFECT OF THE PROPOSED TRANSFER OF OWNERSHIP BETWEEN TIME WARNER INC. AND AMERICA ONLINE, INC.: Mr. Burns, City Manager, stated that this was consideration of a resolution authorizing a public hearing for March 20 to assess the effect of the proposed transfer of ownership between Time Warner, Inc. and America Online, Inc. Mr. Knaak, City Attorney, recommended that the City hold a public hearing to discuss the proposed transfer of ownership of local cable television facilities between Time Warner and America Online. The proposed hearing date is March 20, 2000. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 24-2000. 13. APPOINTMENT - CITY EMPLOYEE: Mr. Burns, City Manager, stated that this was consideration of a motion appointing a City employee. Staff recommended that Council approve the appointment of Mary Trapp as the City's second full-time Information Systems employee. This move was provided for in the 2000 budget. Mr. Burns reviewed Ms. Trapp's work history. CONCURRED WITH THE APPOINTMENT OF MARY TRAPP AS MIS TECHNICIAN. 14. CLAIMS: APPROVED PAYMENT OF CLAIM NUMBERS 91998 THROUGH 92325. 15. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 9 16. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of February, 2000: $ 5,000.00 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Prosecuting Attorney for the Month of December, 1999: $ 17,472.80 MOTION by Councilmember Barnette, to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Wolfe to adopt the agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mayor Jorgenson invited members of the public to come forward to address any items not on the agenda. Mr. Pete Eisenzimmer, 6535 Oakley Drive, asked if the City is paying prevailing wages for the contractors who are doing work for the City. Mr. Burns stated that the City does require prevailing wages from contractors on City projects. Mr. Tom Myhra, 6360 Able Street, stated that he felt many people feel they need more density. He likes single-family living and does not feel that living closer to people is what it is hyped up to be. He likes the idea of suburbia. It is not urban sprawl. It is progress. He thinks that the FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 10 Northstar Corridor only came about because they need the people's vote for support for Hiawatha. The costs for the corridor are not very accurate, nor is the schedule. Eighty miles with si�teen stops in one hour and a half is not accurate. Construction costs of $2,800,000 is not accurate either. The residents cannot afford this when it will only serve three percent (3%) of the people. There was a commuter rail in Fridley at one time and it was taken out because people did not use it. This is a way to rescue the City of Minneapolis because it is a dying city. He felt there should be some kind of referendum as to what direction they should be taking on this. He said it was incomprehensible to him that people can say that they would like to be a part of a bureaucracy that tells them how and where to live. He hoped Council would think about this seriously. He asked if this is the route to go. Councilmember Billings asked Mr. Myrha what he was going to do to get the people of the fourth fastest growing area of the country through the City if they do not go on the e�sting railroad track. Mr. Myrha stated that they should put in the highway first. Councilmember Billings asked if he is suggesting to widen University Avenue. Mr. Myrha stated that it would be appropriate to widen Highway 65. Councilmember Billings asked Mr. Myrha if he was suggesting that four lanes of traffic in each direction of University Avenue can handle the rush hour traffic rather than the train. Mr. Myrha stated that it would be necessary to handle the daily traffic, not only the rush hour traffic. Councilmember Billing stated that the commuter rail only runs during rush hour. The roadway system is adequate except during rush hour. Mr. Myrha stated that he knows that. It is terribly expensive for the commuter rail for three percent of the people during rush hour. Once again they will have to subsidize the tickets and pay for the maintenance and repair. Councilmember Bolkcom stated that she would encourage him to attend the public meetings in the future regarding the commuter rail. At the last public meeting, there were many people present who were supportive of commuter rail. Mr. Myrha stated that he did attend one meeting already. Councilmember Bolkcom stated that she was concerned that the community keeps getting cut away by taking away homes to build highways. She was also concerned about pollution. She asked at what point you stop. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 11 Mr. Myrha suggested that there should be a split grade at University Avenue and Mississippi Street. Councilmember Bolkcom stated that with commuter rail, people might start thinking about living in places they might not normally think about. Ms. Jerri O'Dell, 7303 Taylor Street, presented a letter to the City signed by 319 residents in Fridley who want to enact a manufactured home park closing ordinance authorized by Minnesota State Statute. This measure would provide relocation compensation for Fridley residents of manufactured home parks in the event of displacement or manufactured home park closing. Through this ordinance, residents have some financial protection should their park ever close. If a park closes for redevelopment purposes, the park owner and/or redeveloper provides relocation costs to move all homes within a 25 mile radius or buys out the homes at their appraised market values if they cannot be moved. The likelihood that the manufactured home parks in Fridley may be closed for redevelopment is a legitimate concern for homeowners given that both parks are located on Highway 65 in a City that has little land left to redevelop. MOTION by Councilmember Barnette to receive the letter. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pete Eisenzimmer, 6535 Oakley Drive, stated that he was disappointed in the last meeting on the light rail that the City held. It was handled in the way that no one could ask any questions. He noticed that Focus News mentioned that the money that was raised for the senior citizens by selling wreaths was put in the City's General Fund. He felt that this was wrong. People worked really hard to sell them. People thought the money was for senior citizens. Ms. Janet Flipp, 7325 West Circle, stated that she was present to support the ordinance protecting manufactured homeowners. She is the owner of one and is a disabled senior citizen raising her granddaughter. She said there are several citizens in the same situation. Mayor Jorgenson asked if there has been any proposal to remove the mobile home parks. Councilmember Barnette stated that he has the same question. Ms. Flipp stated that it may happen. Councilmember Barnette stated that as part of the Comprehensive Plan, the City must provide housing for low and moderate income people. Mobile home parks are a part of that plan. He has not heard of any proposals to buy them. Ms. O'Dell stated that several of the nine municipalities that enacted this ordinance do it as an insurance measure to protect the mobile home owners. Given the shortage of land in Fridley, there are probably a number of buyers who would love to get their hands on the property and should the owners ever decide to sell they would have the right to do so. It would be better for FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 12 the ordinance to be put on the books ahead of time so everybody knows what the homeowners are to receive in the case of redevelopment. Mayor Jorgenson asked if they identified the two mobile home parks in the Comprehensive Plan as continuing on in Fridley. Mr. Hickok stated that was correct. This is part of the affordable mix of housing. Mayor Jorgenson asked if a developer proposed to buy the properties would the development be inconsistent with the Comprehensive Plan? Mr. Hickok stated that they would have to evaluate the affordability mix of a new development that is recognized as a very important part of Fridley. Councilmember Bolkcom stated that they could certainly look at this ordinance. Ms. O'Dell stated that this ordinance states very clearly that the homeowners would be compensated for being displaced and makes all negotiations a lot clearer. Mayor Jorgenson stated that she thinks it makes sense to look at it, but she wanted to reassure the residents of the mobile home park that there is nothing in the immediate future to cause the homes to go away. Ms. O'Dell asked Mayor Jorgenson if she could speak for the owner of the park. Mayor Jorgenson stated that as long as the Comprehensive Plan has this as a mobile home park, the City would be very hard pressed to change the zoning of that particular piece of property to be consistent with the Comprehensive Plan. The Metropolitan Council would have to approve that change. PUBLIC HEARING: 17. ESTABLISHING RESTRICTIVE ACCOUNTS FOR EXCESS POLICE PENSION RESIDUAL ASSETS AND ADOPTING A PLAN FOR THE EXPENDITURE OF SUCH ASSETS: MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:20 P.M. Mr. Burns, City Manager, stated that in 1999, the Minnesota State Legislature allowed the merger of 44 pension plans. Fridley was one of the cities that over contributed by about $2,100,000. Legislation was passed that provided for the return of those funds to cities that had over contributed. Funds must be spent on police-related activities, and the City must hold a public FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 13 hearing on the spending policy. The City must pass a resolution defining the policy and the funds must be segregated from other funds. Staff proposed that the funds be used for providing e�tended funding for police personnel and funding for capital outlay purchases and information technology purchases. Mayor Jorgenson asked if any members in the Council or audience wished to address this issue. Mr. Pete Eisenzimmer, 6535 Oakley Drive, asked where the money came from to begin with. Mr. Burns stated that it was paid out from the General Fund. It came from the City to support police pensions. Mayor Jorgenson stated that it was the pension retirement fund and the market has been doing so well for so many years. More money accumulated in that fund than what was anticipated. The legislature allowed the City to merge into another type of plan and now there is an overpayment. The money is being returned to the City to go back into the General Fund with stipulations. Mr. Eisenzimmer asked where the money originally came from. He asked if it was taxpayer's money. Mr. Burns stated that was correct. Councilmember Bolkcom stated that it is not just the City, they merged with 44 other communities. Mr. Eisenzimmer stated that since the money is put out by taxpayers, some should go back to taxpayers and spending in Fridley should be reduced. Mayor Jorgenson stated that Council would love to do that, but the money cannot be used for anything outside of police-related activities. This was money that was set aside for the retirement pension plan for police officers so it needs to go back into the Police Department. Councilmember Bolkcom stated that it is a State law. Mr. Eisenzimmer asked if he could get a letter on the ordinance. Councilmember Billings stated that it was Chapter 222 of the laws of Minnesota. It was adopted through Senate File 318. Article 4 of that law allowed for the merger of 44 municipalities that has been administered by PERA. The City does not have all of the State statutes but he could look at it on a website or go to the library or the State Capitol library and look at the State statutes. Mr. Eisenzimmer asked if the City would eventually get a copy of it. Councilmember Billings stated that he did not know. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 14 Mr. Eisenzimmer stated that they could buy vehicles for the police department. Mayor Jorgenson stated that it could be used for police personnel, overtime and for grants and for capital outlay items including motor vehicles or laptop computers for police cars. Councilmember Bolkcom stated that some of the grants used to hire police officers may be expiring so some of this money could be used to continue having those police officers. In a sense this is saving taxpayers money. MOTION by Councilmember Barnette, to close the public hearing. Seconded by Council- member Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:30 P.M. OLD BUSINESS: 18. VARIANCE REQUEST, VAR #99-31, BY MAUI, INC. (SPIKERS GRILLE & BEACHCLUB), TO REDUCE THE PARKING DRIVE AISLE FROM 25 FEET TO 22.5 FEET, TO REDUCE THE PARKING SETBACK FROM THE REAR LOT LINE FROM 5 FEET TO 3 FEET, TO REDUCE PARKING STALL SIZE FROM 10 FEET BY 20 FEET TO 9 FEET BY 18 FEET, TO ALLOW THE EXPANSION OF THE PARKING AREA, GENERALLY LOCATED AT 1200 OSBORNE ROAD N.E. (WARD 2) (TABLED JANUARY 3, 2000): MOTION by Councilmember Wolfe to accept the letter of withdrawal of the variance request by Spikers Grille & Beachclub. Seconded by Councilmember Bolkcom. Councilmember Bolkcom asked Mr. Hickok exactly what Spikers was asking for in the letter. Mr. Hickok stated that they are withdrawing the variance request to analyze other options. Councilmember Bolkcom asked if Sprikers wanted to come back at a further date would they have to start the process over. Mr. Hickok stated that was correct. Councilmember Billings asked if it would make more sense for clarification for the record, that this is not a tabling. Mr. Knaak, City Attorney, stated that the withdrawal of the request would be action on Council's part. Once the request is withdrawn there is not a risk that they would somehow be approving it by not acting. If it is acknowledged as being withdrawn in the record, that should be the end of it. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 15 Councilmember Bolkcom asked if they were to deny it, would they have to go through with the presentation and find reasons to deny the variance request. She asked if it would make more sense to accept the letter. Mr. Knaak stated that was correct. Council would have to make a record and have reasons for denial in the record based on what is before them. A voluntary withdrawal on the part of the applicant would be very defensible in court. They would not have to deal with adequacy or inadequacy of anything that may be on the record for basis of denial. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor 7orgenson asked Mr. Knaak if they need to include in the motion that the variance request has been withdrawn. Mr. Knaak stated that the letter is already in the record and the minutes should reflect the fact that it has been accepted. They do not need to do this by formal resolution. It is enough to state that it has been withdrawn upon the request of the applicant and that the City accepts that. They could make an affirmative motion to remove it from the agenda to take focused action, but it is not necessary. Councilmember Bolkcom asked if the railroad ties in Spikers parking lot have been cleaned up. Mr. Hickok stated that they have been cleaned up. NEW BUSINESS: 19. RESOLUTION NO. 25-2000 ESTABLISHING RESTRICTIVE ACCOUNTS FOR EXCESS POLICE PENSION RESIDUAL ASSETS AND ADOPTING A PLAN FOR THE EXPENDITURE OF SUCH ASSETS: MOTION by Councilmember Bolkcom to adopt Resolution No. 25-2000. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 20. VARIANCE REQUEST, VAR #00-02, BY GEORGE SROKA, TO REDUCE THE REQUIRED SIDE YARD SETBACK FOR AN ATTACHED ACCESSORY STRUCTURE FROM 5 FEET TO 2 FEET 6 INCHES TO ALLOW THE EXPANSION OF AN EXISTING GARAGE, GENERALLY LOCATED AT 1363 - 53� AVENUE N.E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that this was a request for the property at 1363 - 53ra Avenue. Mr. George Sroka, the petitioner, is seeking a variance to reduce the required side yard FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 16 setback of 5 feet to 2 feet 6 inches in order to construct an 11 foot 4 inch by 28 foot long garage expansion at 1363 - 53rd Avenue. City Code requires a minimum side yard setback from the garage to the property line at 5 feet. The petitioner's hardship is stated as "Presently all the houses on the street have a double garage. This is the only house that was built with a single garage." Adjacent to the garage, the neighboring home has its living area. That living area is appro�mately 12 feet from the lot line. Mr. Hickok stated that the Appeals Commission voted unanimously to recommend denial of the variance request. Initially, the petitioners were asking for a two and one-half foot sideyard setback. Historically, the City has granted a variance for two and one-half feet from the lot line. The new survey revealed that the garage would be six inches closer to the lot line, meaning that it would be two feet from the lot line and six inches closer than the City has ever gone with a variance. Staff recommended concurrence with the Appeals Commission on the denial of the variance. Alternatives to the variance e�st. The garage could be built at the two foot six dimension that was originally requested within the parameters with what has previously been granted. The revised request is not within those previously granted dimensions and would be setting a precedent. Staff recommended that if the variance was granted, the following stipulations be attached: 1) All necessary building permits shall be obtained from the City prior to construction of addition; 2) E�terior finish and shingles on expansion shall match the e�sting home and garage; 3) Garage shall not be used for any home occupations; 4) The west wall of the garage shall meet all fire rating requirements due to its pro�mity to the property line; and 5) Garage plan shall not be modified to include a porch behind addition due to a ten foot setback requirement for living space. Councilmember Barnette asked Mr. Hickok to explain the Stipulation No. 5 about the ten-foot living space. He asked if there was living space there now. Mr. Hickok stated that behind the e�sting garage there is a porch. If the variance was granted, it should be clear that the porch should not carry over to the side property line. Ms. Lonnie Sroka, sister of the petitioner, George Sroka, stated that she was confused. She said she did not realize that she had an option of going to two feet and six inches. That option was fine. She did think they had a problem with that. Ms. Sroka brought some drawings illustrating the existing house and garage plans. They wanted to modify what is e�sting for the garage and then attach another garage attached to the e�sting to match with the same materials. The house was originally built with no garage but it was added later. Presently, according to the zoning ordinance it is a requirement now to have a two car garage, so it is not compliant. A survey was done, and they found that everything is a bit skewed on the lot and the neighbor's lots. She does not know who really meets the five foot setback from the lot line requirement within the Swanstrom Court development when it was first built. A survey shows another neighboring lot that had received the variance for a precedent setting setback on the same street. One neighbor's house has a setback for a garage at 5.3 feet, but there is a slab that comes over farther than that so the vehicles are actually closer to the property line. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 17 They meet the 13 foot acceptable distance between the buildings, but they do not meet the 22 foot garage addition. Ms. Sroka stated that she felt that zoning really regulates the density of the area of the neighborhood. She did not believe that she would affect the character of the neighborhood by adding this garage. The original garage was put on with no building permit, and no inspections were done. The problem with doing the construction one way is that there is a full basement that may be affected. That could add a lot of money to the cost. Pricing out just adding the garage stall ne�t to the e�sting one is very expensive coming to about $18,000 which is about $58.00 per square foot. If they have to go in and underpin and not add as much square footage, tear the roof off, and put new trusses on, the cost would be about $83.00 per square foot. It would add about a third to the cost by doing it that way. She would be very happy to stay 2 feet 6 inches away from the property line if she could do that. Mr. George Sroka, 1363 - 53rd Avenue, stated that he appreciates all of his sister's work. He was a custodial engineer working at a Minneapolis school for seven years and now also works part- time at the Minneapolis library. Mayor 7orgenson asked if they went to a single car garage and not move the load bearing wall versus a double garage, if they would be able to stay fairly close to the variance requirements. Ms. Sroka stated that if the wall was removed they might as well rip that part off. That would be doable, but it adds about a third more to the cost. She said she was amazed at how expensive it is. Mayor Jorgenson stated that she may find with inspection, that the garage that was put in there without a permit is substandard. There may be some repair work in order to keep it. Ms. Sroka stated that she is hoping to leave as much of the e�sting garage there and add on to that. Mayor Jorgenson asked Mr. Hickok if the City discovers, through inspections, that the e�sting garage is without a permit and substandard, if they will they have to repair that. Mr. Hickok stated that was correct. Because they are placing new demands on the original foundation the garage would have to be built to a new and modern standard, whether or not they go with the option that adds on or they tear it down and build a new foundation. Mayor Jorgenson stated that she wants to make sure there is not a misunderstanding that if the petitioner just adds another parking stall, if the other portion does not meet code, they will still have to make some modifications. Ms. Sroka stated that the only place that they would do tampering with the e�sting garage would be at the foundation away from the basement foundation. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 18 Mayor Jorgenson stated that by adding on to the e�sting structure they would still have to meet the codes. Ms. Sroka asked if she finds something wrong with the foundation in that spot it would still have to meet code. Mayor Jorgenson stated that was correct. Ms. Sroka stated that Mr. Sroka bought the house for $83,500. His tax assessment last year was $105,000. They are looking at quite a bit of money in relation to percentage of what it would cost to do this and it is a concern. Mr. Sroka's salary is $35,000 per year, and it would be a big stretch for him to do that. Councilmember Billings asked Ms. Sroka what the width of the garage would be by going two and one-half feet away from the lot line. Ms. Sroka stated that it makes it 10 feet six inches. Councilmember Billings asked if it would work to put a garage in the backyard and add a driveway around the house. Ms. Sroka stated that she would have to take down some nice trees to do that, and there is no alleyway. The house is built on an easement, and there is an easement in the back There is a standard oil easement in the front so it is already not built within zoning ordinances. The back has an easement, and the property slopes downhill there. Councilmember Billings asked if the sloping roof was going to stay and if there would be a flat roof on the new garage. Ms. Sroka stated that the roof would be a gable filling in the end portion with a structure and carrying that ridge line across with new trusses going from front to back She is trying to match the character of the e�sting house. Councilmember Billings asked if the e�sting structural wall that is there would stay in place. The inside of the garage would only be 10 feet 6 inches wide. Ms. Sroka stated that was correct. She spoke with the neighbor as soon as she got the survey in and talked with her about how close things were. Councilmember Wolfe asked if she would have to go back to the Appeals Commission. Mr. Hickok stated that Council has the final authority to make the modification of the variance request. Ms. Sroka stated that if she could find another solution to shorten it, she would come in and do whatever she can to get it away from the property line. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 19 Councilmember Bolkcom asked if the option presented tonight was presented to the Appeals Commission. Mr. Hickok stated that there was discussion about the different types of designs but the two foot setback was new to them that evening. They were a bit concerned about the new numbers and their inability to react to that and to think through what the locations might be. Ms. Sroka stated that the new survey she had came in the same day of the Appeals Commission meeting. Councilmember Barnette asked Mr. Hickok if that meeting would have been different if the request was for two feet six inches for the setback. Mr. Hickok stated that he thinks the Commission is always more comfortable acting within the bounds of what they have done before. The Commission talked about the idea of taking out the wall of the existing garage and the new addition. He has concerns from a design perspective that moving the garage this close to the property line means a number of compromises. This includes having a gable at one end and a hip at the other end, an overhang at one end and not at the other end, having an internal wall in the garage versus basically rebuilding the garage properly and not having an internal wall. At five feet of setback the garage would be 23.1 feet in width. Standard new two car garage construction typically is a 22 foot wide garage as the standard. This would be 23 feet at five feet of setback and the petitioners could have the hip to match the other hip and have an overhang to match the other side. The Appeals Commission had concerns about design and trying to put on an addition to the garage versus taking it down and doing it in such a way that it would look right. Mr. Burns asked if the design was really the issue here. It seems to him the issue is setback. Mr. Hickok stated that setback is the issue and if they want to do a gable end on one end and a hip on the other that is fine but those are products of granting a variance and of being closer to the lot line than they normally would. He concluded that makes the design relevant. Councilmember Wolfe asked if the structure would have footings if the petitioners went the way Mr. Hickok was talking about. Mr. Hickok stated that with a garage that was built without a permit to begin with, they would be most satisfied with that implement. Ms. Sroka stated that she does not think the house looks bad with the gable and the hip on the other end. The neighborhood has both hips and gables. She does not think anybody in her block meets the five foot requirement for setbacks. The house that got the variance for 2 feet 2 inches is right down the block That also has two garage doors that is separated with an end piece. They are trying to build a second garage without it costing a lot of money. The way they approached it makes sense. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 20 Councilmember Wolfe asked if there was a gable on one end and a hip on the other end for a neighboring house. Ms. Sroka stated that the garage was on the front of the house and the roof changes. She asked what the process was for the request. Mayor 7orgenson stated that Council would make the final decision this evening or they could request it to be tabled for more time for other possibilities. Her only concern is that when they get in there and start working on the load bearing wall if they will find that it was not built per code. Ms. Sroka stated that they would only be excavating in two areas. It was built in 1959 and has not settled at this point. Mayor Jorgenson asked when the garage was put on. Ms. Sroka stated that she thinks that the garage was put on a year later. Ms. Stella Sroka, mother of Lonnie and George Sroka, stated that the original builders are not around anymore but she is sure that it was done right and they were very well known. Councilmember Bolkcom asked if it was a possibility to look at one of the City's low interest loans or grants because of Mr. Sroka's income. Mr. Hickok stated that if Council is compelled to give them time to investigate that, that is certainly something they can answer. Ms. Sroka asked if they were low interest loans. Mr. Burns stated that it was at five percent. Ms. Sroka stated that they could look at what else could possibly be done for this project. Mayor Jorgenson stated that they could look at the potential resale value and it sounds like there is a little more work that needs to be done on the internal wall issue. Giving 60 more days would give more time to explore housing loans available through the City if they would choose to table this until March 20. Councilmember Barnette stated that he feels that this is a family coming to them to improve their property and neighborhood rules and we should take their time to do that. MOTION by Councilmember Billings to approve Variance Request #00-02. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 21 MOTION by Councilmember Billings to amend Variance Request #00-02 to have the setback read from five feet to three feet. Seconded by Councilmember Barnette. Councilmember Billings stated that several years ago they approved a change in the zoning ordinance to allow the expansion of garages to within three feet of the property line. They put a stipulation in that the ma�mum width be 22 feet. The intent of the legislation was that if they were going to be creating a variance from the standard operating procedure that it not be strictly for the sake of someone wanting to build a 60 foot wide garage or a 40 foot wide garage door. A variance from five feet to three feet would be in keeping with something that is reasonable based on what they have done in the past. How the petitioner finances should not be a determining factor on whether or not they pass a variance. Mayor Jorgenson asked Ms. Sroka if she understands the motions. Ms. Sroka stated that he is saying that they can go to three feet and work it out and figure out how to do it. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to amend the variance request by including the stipulations as follows: 1) All necessary building permits shall be obtained from the City prior to construction of addition; 2) E�terior finish and shingles on expansion shall match the existing home and garage; 3) Garage shall not be used for any home occupations; 4) The west wall of the garage shall meet all fire rating requirements due to its pro�mity to the property line; and 5) Garage plan shall not be modified to include porch behind addition due to a ten foot setback requirement for living space. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Jorgenson asked for a vote on the main motion. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 2L INFORMAL STATUS REPORTS: Mr. Burns stated that the City now has $52,000,000 worth of new construction this year. Mayor Jorgenson stated that she received a letter about taking part in the year 2000 census. She urged all citizens of Fridley to partake in the census. It is very critical for the City and school districts for funding. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 22 Councilmember Bolkcom asked Mr. Flora to remind people that it is still snow season, and they still could get a ticket. Mr. Flora reminded everyone that the parking ordinance is effective until May 1 with no parking on City streets from 2:00 a.m. to 6:00 a.m. regardless of whether or not there is snow. Councilmember Wolfe stated that he wanted to congratulate Carrie Varichek, a Fridley High School student in gymnastics. She advanced to the State tournament. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 23 ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MARCH 6, 2000 CITY COUNCIL MEETING ADJOURNED AT 9:35 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor