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04/23/2001 - 00009243THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 23, 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, and Councilmember Wolfe. MEMBERS ABSENT: None. PROCLAMATIONS: Third District Nurses Day - May 10, 2001 Mayor Lund proclaimed May 10, 2001, as Third District Nurses Day. Currently, there is a critical shortage of nurses in the State of Minnesota. The Third District Nurses Association has recognized the need to inform the public of the importance of the nursing profession. Ms. Sandra L. Abraham stated that they are thankful to have the most active and wonderful nurses available to serve in Minnesota. On behalf of the nurses she thanks the Council for honoring their profession. Veterans' Buddy Po�pv Day - May 18, 2001 Mayor Lund declared May 18, 2001, to be Veterans' Buddy Poppy Day to honor the Veterans of Foreign Wars of the United States. The purpose of the annual sale of the Buddy Poppies by the Veterans of Foreign Wars is to "Honor the dead by helping the living." Mr. Robert 7. Biller, representative of the Veterans of Foreign Wars, thanked the Council on behalf of the VFW for honoring the Veterans' Buddy Poppy Day. Medtronic A�preciation Day - Apri130, 2001 Mayor Lund stated that there was no one present to accept the proclamation on behalf of Medtronic but they would receive it on April 30. FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2001 PAGE 2 LEGISLATIVE UPDATE: Representative Connie Bernardy from the Minnesota House of Representatives stated that she was present to give a legislative update. She said that Governor Ventura held a meeting with school district superintendents across the state. He learned how education spending was important. Much of the education spending increase has resulted from taking the expense off the property tax and spending it at the State level. There will be larger class sizes. Around 209 teachers will be laid off this year with 250 teachers laid off ne�t year. Representative Bernardy stated that Fridley has a unique situation because of the charter amendment that was added. The Springbrook Nature Center wetlands need to be restored. It affects the Minneapolis/St. Paul water intake. If we do not get direct funding from the legislature, we may be able to apply for an environmental grant. Long-term care is another issue. The technical issue on how much we reimburse nursing homes will be worked out also. If anybody would like to talk with her please call 651-296-5510 or send her an e-mail at rep.connie.bernard�house.le�.state.mn.us Her home number is 763-571-0015. Mayor Lund asked if Fridley was unique in the type of restriction with the new charter amendment. Representative Bernardy stated that she has not heard of any other communities having anything similar yet. CONTINUATION OF THE BOARD OF REVIEW MEETING: MOTION by Councilmember Wolfe to open the Board of Review meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING WAS OPENED AT 7:55 P.M. Mr. Hervin, the City Assessor, stated that were three properties to review after the first Board of Review meeting. Since then, he has not received any more requests from the properties in question. Two requests were by letter. The third case had an appraisal of the property. The first case was an industrial property on Ashton Avenue owned by Mr. Robert Norris. The owner requested that the assessor look at the value. Mr. Hervin said he recommended not changing the value. The owner was concerned because he may add on to it this year. Mr. Hervin stated that the second case belonged to Mr. Lowell Efterfield. He owns an apartment building on 57th Place with all one-bedroom units. In the process of investigation, it was discovered that the land was misvalued. The building is actually on two lots so there should be some reduction in land value. None of the land values is based on buildable land. A reduction was recommended on the two lots and that the lots also be combined. He said he has not heard back from Mr. Efterfield, so he assumes the answer was acceptable to Mr. Efterfield. FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2001 PAGE 3 Mr. Hervin stated that the third case was for James and Nancy Jorgenson for a single family home on Polk Street. The complaint was that the home was near a TIF District and also near some freeways, which caused constant noise. In the process of researching this matter, sales were found that were influenced by a busy street with noise by TIF Districts. No reduction in value was found. He stated that the Jorgenson house was valued at $157,000 for a selling price. The City has valued it at $140,000. Staff is recommending no change to the assessment. The City was appro�mately 15 percent low on all the properties according to what the properties actually sold for. He said the City has very conservative values. Councilmember Billings asked if they had heard from Ms. Jorgenson. Mr. Hervin stated that he let her know that he was going to recommend no change. Councilmember Billings stated that Mr. and Mrs. 7orgenson looked at similar property to theirs, and it was priced quite a bit higher than what her home was appraised for. Her home was relatively close to busy streets. An analysis was done with homes on busy streets and Mr. Hervin's estimated market value was only 85% of the selling price. He said there is no choice other than to affirm the assessor's value or raise the value. He asked what the procedures for increasing the value would be? Mr. Hervin stated that the value can be raised if they chose to do so. Councilmember Billings asked if there were notification requirements to raise the value. Mr. Hervin stated that it was not necessary. Councilmember Billings stated that they have to inform the property owner that the City is looking at raising the value of the property. Mr. Hervin stated that it is possible but he is not aware of that. Councilmember Billings asked if the County could carefully review the information if the value is raised and take whatever action is appropriate. The County Assessor stated that the County will notify the taxpayer of any change. MOTION by Councilmember Billings to affirm the Assessor's evaluation of the three parcels presented. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to close the Board of Review meeting. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2001 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE BOARD OF REVIEW MEETING WAS CLOSED AT 8:11 P.M. CITY COUNCIL MEETING: APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of Apri19, 2001. APPROVED. NEW BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF APRIL 4, 2001: RECEIVED. 2. SPECIAL USE PERMIT, SP #01-02, BY TIMOTHY AND ANGELA HUGHES, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE OVER 240 SQUARE FEET IN SIZE, GENERALLY LOCATED AT 5900 SEVENTH STREET N.E. (WARD 1): Mr. Burns, City Manager, stated the petitioners wish to build a second accessory structure that is over 240 square feet. It will be used as a detached garage and the location is well suited for this site. The proposed size is in the requirements for code and staff recommends Council's approval. APPROVED SPECIAL USE PERMIT, SP #01-02. 3. APPROVE A JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE NORTH METRO MAYORS ASSOCIATION: Mr. Burns, City Manager, stated that Fridley last belonged to the North Metro Mayors Association in 1995. This is an organization of 21 cities dedicated to supporting the common interests of the northern suburbs and the City of Minneapolis. It focuses largely on transportation issues. The cost to belong to the organization in 2001 will be $8,713. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2001 PAGE 5 APPROVED JOINT POWERS AGREEMENT WITH THE NORTH METRO MAYORS ASSOCIATION. 4. CLAIMS: APPROVED PAYMENT OF CLAIM NUMBERS 98961 THROUGH 99178. 5. LICENSES: APPROVED ALL LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK' S OFFICE. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No members from the audience spoke. PUBLIC HEARINGS: 6. CONSIDER ISSUING AN INTOXICATING LIQUOR LICENSE TO THE KING CLUB AND RESTAURANT, GENERALLY LOCATED AT 1051 EAST MOORE LAKE DRIVE (WARD 2): MOTION by Councilmember Wolfe to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:15 P.M. Mr. Pribyl, Finance Director, stated that Ms. Man Ye Lewandowski is the applicant. The Public Safety Department has conducted a background study and has found no reason to deny this request. Staff recommends approval. Councilmember Wolfe asked what kind of establishment this is. Ms. Lewandowski stated that it is a Korean restaurant located by Great Clips. FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2001 PAGE 6 Councilmember Bolkcom asked if she had run a restaurant before. Ms. Lewandowski stated that she had not. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:18 P.M. 7. CONSIDER ISSUING AN ON-SALE BEER LICENSE TO THE TASTE OF THAILAND, GENERALLY LOCATED AT 7890 UNIVERSITY AVENUE N.E.: MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:18 P.M. Mr. Pribyl, Finance Director, stated that the Great Lakes Chinese Restaurant has been sold to Lamphay Phetphbachanh. The restaurant had a similar license issued in the past, and the new owner is now applying for a license under his ownership. The Public Safety Director has done a background study and has found no reason to deny this request. Staff recommends approval. The location of this restaurant, Taste of Thailand, is at 7890 University Avenue. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:20 P.M. NEW BUSINESS: 8. INFORMAL STATUS REPORTS: Councilmember Bolkcom asked Mr. Haukaas to give an update on the flooding situation. She thanked the Public Works, Police and Fire Departments for their hard work. Mr. Haukaas stated that during the weekend there was close to four inches of rain. On Sunday night the floodgates were opened and the crest was near earlier levels. There have been no emergencies yet. Councilmember Wolfe thanked him for the good job. FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2001 PAGE 7 Mr. Haukaas stated that it would have been much harder without Council's support for the Riverview Heights area project completed in 1999. Councilmember Bolkcom thanked everyone for attending the commuter rail meeting. Seventy- six residents and fourteen staff members were present. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE APRIL 23, 2001, CITY COUNCIL MEETING ADJOURNED AT 8:25 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor