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02/25/2002 - 00017254THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 25, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 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, Councilmember Wolfe MEMBERS ABSENT: None. PROCLAMATION: Read Across Fridley Day - March 1, 2002 Mayor Lund read and issued a proclamation proclaiming March 1, 2002, as Read Across Fridley Day. Mr. Greg Rosholt, a member of the Fridley School Board, stated that it is not what you read, it is that you do read. There are many kids struggling with reading and this will hopefully get everyone excited about reading. Ms. Becky Beck, Media Specialist at Fridley Middle School, stated that March 1 is Read Across America Day in honor of Dr. Seuss's birthday. The Fridley School District decided to take a whole week to promote reading and talk about its importance. On Wednesday, some community leaders will read to homeroom students. On Thursday and Friday, author Michael Dahl will be at the Middle School. He has written quite a few books for middle school age students and will be at the Middle School on Thursday morning and Friday afternoon with a book signing for students. He actually went to Fridley Middle School when he was in 7th grade. She said that "Stop, Drop and Read" will be on Friday from 2:00 p.m. to 3:00 p.m. 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. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 2 APPROVAL OF MINUTES: City Council Meeting of February 11, 2002. APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 6, 2002: RECEIVED THE MINUTES FOR THE PLANNING COMMISSION OF FEBRUARY 6, 2002. 2. RESOLUTION NO. 18-2002 APPROVING A SUBDIVISION, LOT SPLIT, LS #02-01, TO CREATE AN ADDITIONAL SINGLE FAMILY PARCEL, GENERALLY LOCATED AT 6831 EAST RIVER ROAD, BY JERRY THOMPSON) (WARD 3): Mr. Burns, City Manager, stated that the Planning Commission recommended approval of this resolution at their meeting on February 6. Staff recommended and we recommend Council's concurrence subject to the following six stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 2. Grading and drainage plan 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. 3. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. Petitioner to pay $750 required park fee for the newly created lot prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 6. The Petitioner shall agree to preserve mature trees to the e�tent possible. All trees required to be removed for the new home shall be marked and approved by City staff prior to issuance of building permits. ADOPTED RESOLUTION NO. 18-2002. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 3 3. APPROVE THE 2002 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA: Mr. Burns, City Manager, stated that this agreement is renewed annually. The agreement establishes the terms by which SCORE funds can operate residential recycling assistance and those terms have not changed since last year. The agreement provides that we can receive up to $71,737.60 which is about four percent (4%) less than what we received in 2001. Staff recommended Council's approval. APPROVED 2002 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM. 4. RESOLUTION NO. 19-2002 APPROVING RECYCLING SERVICE FEES: Mr. Burns, City Manager, stated that this includes an increase in recycling fees. Staff recommended a 4.2 % increase in the City's recycling fee to accommodate the increase of cost for hauling for recyclables as well as to offset the loss of SCORE funds. ADOPTED RESOLUTION NO. 19-2002. 5. APPROVE LETTER TO GOVERNOR VENTURA IN SUPPORT OF STATE RESTRICTIONS ON THE SALE OF PHOSPHORUS LAWN FERTILIZERS; and RESOLUTION NO. 20-2002 RELATING TO RESTRICTIONS ON THE USE AND SALE OF PHOSPHORUS LAWN FERTILIZERS: Mr. Burns, City Manager, stated that the letter is addressed to Governor Ventura and the resolution is for the State Legislature. Shorewood and thirty-six other municipalities have passed a resolution requesting state legislation restricting phosphorus in lawn fertilizers. These cities want restrictions due to the impact phosphorus has on algae growth in local bodies of water. They contend that Minnesota soils do not need phosphorus in lawn fertilizers. The bill has been signed in committee and has been heard in the Senate. ADOPTED RESOLUTION NO. 20-2002. 6. RESOLUTION NO. 21-2002 AUTHORIZING EXECUTION OF AN AMENDMENT TO LOAN AGREEMENT AND A SUPPLEMENTAL TRUST INDENTURE FOR SENIOR HOUSING REVENUE BONDS: Mr. Burns, City Manager, stated that the amendment corrects references to certain sections in the indenture as well as the monthly deposit amount. It also reverses the order of 9th and lOth items paying out of the revenue fund. The Wedum Foundation will be the FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 4 manager of the housing project. Rick Pribyl, Finance Director, reviewed the changes with the City's Bond Council. Staff recommended Council's approval. ADOPTED RESOLUTION NO. NO. 21-2002. 7. RESOLUTION NO. 22-2002 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR ITALIAN AMERICAN FOUNDATION CLUB (MAIN EVENT, 7820 UNIVERSITY AVENUE N.E.)(WARD 3): Mr. Burns, City Manager, stated that this is for a pull-tab operation at the Main Event. The renewal will become effective on July 1, 2002, and expire June 30, 2004. Staff recommended Council's approval. ADOPTED RESOUTION NO. 22-2002. 8. RESOLUTION NO. 23-2002 RATIFYING FIREFIGHTER RELIEF ASSOCI- ATION BYLAW AMENDMENT: Mr. Burns, City Manager, stated that this is a technical change that would accommodate the State Auditor's office. It does not affect the financial obligation to the City. The change would establish credited months of service rather than weeks of service for firefighter pensions. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 23-2002. 9. RECEIVE BIDS AND AWARD CONTRACT FOR THE 2002 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 344: Mr. Burns, City Manager, stated that the project includes remedial sidewall repair, repair of concrete street panels, and repair of concrete curb maintenance. The low bidder is Ron Kassa Construction of Elko, Minnesota, in the amount of $63,501.25. The bid is within the budget. The contractor has done very good work for us in the past few years. Staff recommended Council's approval. RECEIVED BIDS AND AWARDED CONTRACT FOR THE 2002 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 344 TO RON KASSA CONSTRUCTION. 10. APPROVE CONTRACT FOR CLEANING SERVICES BETWEEN THE CITY OF FRIDLEY AND CORPORATE CLEANERS: Mr. Burns, City Manager, stated bids were received from nine companies for cleaning services for the Municipal Center and garage. The low bidder was Corporate Cleaners, Inc., of Andover, Minnesota. The amount of the bid was $30,416.40 per year. Staff FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 5 recommended Council's approval of a contract for cleaning services with Corporate Cleaners. APPROVED CONTRACT FOR CLEANING SERVICES. 11. CLAIMS: APPROVED CLAIM NOS. 103907-104077. 12. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda as presented. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No visitors in the audience spoke. OLD BUSINESS: 13. ORDINANCE NO. 1164 AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO EXTERIOR STORAGE REQUIREMENTS: Mr. Hickok, Community Development Director, stated that a public hearing was held on September 17, 2001. Approximately 16 people spoke at that hearing. The Planning Commission held a public hearing on January 2, 2002. They gathered further information from audience members and staff. Their motion to recommend approval of the ordinance change was passed by a 5 to 1 vote. Residential properties would be able to have boats, non-motorized camping trailers, and utility trailers, in the front yards on a hard surface and no portion of the said trailer shall e�end closer than 15 feet to the back of the curb on the property. In no case shall the trailer encroach public right-of-way. In addition, boats, non-motorized camping trailers, utility trailers, are not required to be on a hard surface in side or rear parts of the yard. Council held an additional public hearing on January 28, 2002. The first reading of this ordinance was on February 11. Councilmember Bolkcom stated that they received a letter from the Mackelberg family. MOTION by Councilmember Bolkcom to receive the letter. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Margaret Mackelberg, 425 Rice Creek Boulevard, stated that the Council has done many positive things in Fridley and they are proud of Fridley. She asked why the City Code was being changed. She said the City was taking a step backwards. She felt that the City is opening Pandora's box and once the lid is off it will be difficult to put back on. Once one person leaves a camper, boat, or camper on the yard, how many more are going to take the lead and leave their trailer vehicles on the driveway or add hard surfaces to their existing driveway to provide more area for storage? The ordinance creates more storage area in the front yard. Surveys state people say it is taking quality time away from the family to go pick up the trailer vehicle. She said she was not against family quality time. She said that when you start taking shortcuts quality suffers. She believes this should not be amended and that it should be left the way it is. Mr. Gerald Mackelberg, 425 Rice Creek Boulevard, asked if a homeowner would be able to park one, two, or three trailers, or more on their property or driveway at one time. Mayor Lund stated that they can park as many as the driveway would allow. Mr. Mackelberg asked if you can put in a three-car driveway to have more hard surface? He asked if there was a limitation to the hard surface in a front yard. Mr. Hickok stated that there is no magic number, but the code states that the area between the house and the street is to be covered with seed or sod with the exception of the area used for garage surface. People have asked if they could pave the whole front yard. Staff has emphasized that aesthetics should be kept in mind. People have a reasonable judgment of paving the front. Councilmember Bolkcom asked if the old code states that someone could park three trailers in the side yard or the back yard? Mr. Hickok stated that was correct. Councilmember Bolkcom stated that the difference is that they can now park them in the driveway. Mr. Mackelberg asked if the homeowner could keep a snowmobile and boat trailer on his or her driveway year round? We could have snow covered boats in the front yard in January and dust covered snowmobiles on the driveway in July. Mr. Hickok stated that was correct. Mr. Mackelberg asked if the homeowner could store home renovation debris or salvage materials in a trailer for two or three months until it is fully loaded to take it to a landfill or cabin. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 7 Mr. Bolin, Planning Coordinator, stated that there are things that other codes would prohibit. Mr. Mackelberg asked if kitchen cabinets can be taken out of the house during the night and covered and stored in a trailer. Mayor Lund stated that if the trailer could be viewed from the right-of-way, that would involve code enforcement. Mr. Mackelberg asked about code enforcement if no one knew the cabinets were there. Mayor Lund stated that it would be out of sight, out of mind. Mr. Hickok stated that is common practice to contact folks about items stored in a trailer, even if the trailer is properly stored on the side of the home. Mr. Mackelberg stated that all vehicles need to have current licenses if stored on the driveway. He asked if the license requirement applied to trailers and cars. Mayor Lund stated that the code would still be adhered to. Mr. Mackelberg asked if it was true that trailers would need to be fully mobile? Mr. Hickok stated that is where other sections of the code would come in. Mr. Mackelberg asked if another community had more strict regulations, and a friend parked his trailer in his driveway, would that meet code? Mr. Hickok stated that it would meet code. It is likely that enforcement would be difficult and the impact on a friend's driveway is no different than the impact of your own boat in the driveway. Mayor Lund stated that we looked at other municipalities and Fridley was more restrictive. Mr. Mackelberg stated that they liked that. He said he did not think there was anything wrong with having a high standard. Mayor Lund stated that this may be good for the City. Mr. Mackelberg stated that many different colored tarps will be used to cover these things up. What would you do if you thought something was unsightly? Mayor Lund stated that residents could contact himself, the City Council and City staff. Unless there is something that is in the Code that includes it, we have to live and let live. People are going to be neighborly and keep up the yard and appearance with or without a trailer. Ms. Mackelberg stated that is an assumption but there is about 2 percent who do not. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 8 Mr. Mackelberg stated that there was a resident survey. One-half of the residents stated that they thought trailers were fine in the driveway and the other half did not. Councilmember Wolfe stated that 47 percent stated that they were in support of the vehicles in the driveway. Mr. Mackelberg stated that in his graduate statistics class he learned that if you have 250 people stating it is good and about 250 people stating it is not, would say no, you cannot take that random survey and apply it to the general population of Fridley and say that half want it and half do not. He is hoping people are not saying that half people care and half people do not care because that is not an accurate statement. Laws and polls are not necessarily written for the majority of people who may use common sense, good judgment, or maintain pride in their home, neighborhood, or community. Laws and polls require everyone to perform to an acceptable standard. We need to develop a code that contributes value in our City to the same high standard applied to commercial properties and other developments. Mayor Lund thanked them for the valid concerns and points. Mr. Roger Stene, 870 Pandora Drive, stated that he has had as many as five camping trailers or recreational equipment on his property and stored outside. He has never had a complaint from a neighbor to the City, but has heard complaints verbally to himsel£ He had sheet metal thrown at his camper and had dogs do damage. He finally brought them inside. He is being a good neighbor and his property looks good. He sees too much improper storage in Fridley. He asked what a utility trailer was. His camping pull-behind trailer is 13 feet with a 1,000 pound hitch that can be pulled by a four cylinder car. There should be a limitation on the hitch size of what can be parked. This would eliminate the large construction trailers and bring it down to something more reasonable. He had a camping trailer for five years without a license. That should also be monitored. Parking all over the yards should be monitored as e�tended families would fit easily in a parked camper on the driveway. Parking close to the house is dangerous because of the fuel danger. Campers should be parked 12 feet away like from the house. Using the wrong e�tension cord to plug the refrigerator in may cause fire damage. His vehicle had the equivalent of 2,731 gallons of gasoline. He asked if Council was going to allow a camper ten feet from someone's bedroom with all that gasoline without an inspection. He has safety concerns and now with the possibility of storms plus the residing being done to homes, he feels it makes it more dangerous. Mayor Lund stated that with current code trailers can be parked on the side yard. Mr. Stene stated it should be redone and relooked at. On Mississippi Street, there is a semi- trailer parked on the grass by the side of a house. These rules are not being enforced. There should be a conformance code for these vehicles. The vehicles should checked to make they are owned by the owners of the home. There are many townhome developments, and many of the homeowners store their boats in their parents' yards. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 9 Councilmember Wolfe stated that if they stop people with colored tarps then they should start telling people how to paint their house. These are all worst case scenarios and Fridley is known for wonderful neighbors. No matter what we do with the code, someone is not going to like it. Mr. Mackelberg stated that in his neighborhood there are 40 homes. There are 17 with recreational vehicles. Right now they are not intrusive to anyone and he does not see what the problem is. Councilmember Barnette asked if that was also true in the summer. Mr. Mackelberg stated that he does not think they are in the driveway in the summer. Councilmember Bolkcom stated that she does not see any difference between a side yard and a driveway. Side yards are not often paved and it can be detrimental to property. Her neighbor (deceased) could not park his beautiful camper in the side yard due to a hill but had the longest driveway but could not park it there either. He came for a variance and it was voted down. We are treating two groups of people differently. Everything has to do with being a good neighbor. There is no way we could enforce the codes every day and we count on people to be fair. If a neighbor has a trailer in their yard and the tarp is flapping, discussion between the neighbors would hopefully work out a resolution. Mr. Stene stated that townhomes have rules for matching storm doors and colors. We do not have that in Fridley. Councilmember Wolfe stated that he is not talking about townhomes. In Blaine, the new development by the golf course has the stipulation that all homes can only be beige or gray. Do we want to give people the freedom of choice? Some people say they cannot afford to store their campers or boats in separate storage. Mr. Stene stated if people can afford to buy this stuff, they should be able to house it appropriately. He has a special use permit to drive on his single car driveway to go into his garage and we should consider refunding his money if we are going to allow driveway parking. Councilmember Barnette stated that this issue has been the most common. Very seldom do any neighbors complain about this. If you had an 18-foot motorhome, you could park it in your driveway. An 18-foot trailer was illegal and that did not make much sense. He looked on Monday to see if there were many boats or anything in people's driveways and did not see many. There were a number on the side yards. Fridley is very restrictive with this ordinance and this is an issue with fairness and friendliness. People in Fridley have been good neighbors. He does not know if we could ever limit the colors of tarps. If this proves to be a terrible problem we can revisit it. Mr. Stene stated that his concern is with the parking of commercial vehicles and people living in them. A utility trailer needs to be defined and that is why there should be a limit of a 1,000 pound hitch. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 10 Councilmember Barnette stated that there are issues with commercial trailers and storage of household items, but that comes under another ordinance. Mr. Stene stated that he is talking about home-operated businesses in Fridley that have not been enforced. Parking is not enforced for the plows either. Mr. Burns stated that e�tended families moving into trailers are addressed under different ordinances. Mr. Hickok stated that he would have to research that issue. It has not been a big problem so far. Mr. Stene stated that his ex-wife stayed in his camper when she visited. Mr. Jim Reisner, 6424 Pierce Street, stated that he appreciates the work done, and it is a good deal. He does not think this would be a problem. He has not seen many campers out much after Labor Day. Mayor Lund stated that he has not been as favorable to this ordinance but has accepted it and hopes people will continue to be considerate and neighborly. If we hear many complaints about tarps and trailers and it becomes a problem, Council can visit this issue again. MOTION by Councilmember Bolkcom to waive the second reading and adopt Ordinance No. 1164 on the second reading and order publication. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, COUNCILMEMBERS BOLKCOM, WOLFE BARNETTE, WOLFE, AND MAYOR LUND VOTED IN FAVOR OF THE MOTION. COUNCILMEMBER BILLINGS VOTED AGAINST THE MOTION. MAYOR LUND DECLARED THE MOTION CARRIED. 14. RESOLUTION NO. 9-2002 AUTHORIZING THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO CARRY OUT A SPECIAL PROJECT TO DISPOSE OF COUNTY-OWNED EXCESS RESIDENTIAL PROPERTY LOCATED IN FRIDLEY (TABLED JANUARY 28, 2002): Mr. Hickok, Community Development Director, stated that there were questions raised on this issue. One was regarding demolition versus resale of the property. There were a number of properties that were borderline and if they crossed over the right-of-way they were purchased. Residents were given an opportunity to decide if they wanted to keep the home with a diminished side yard or se1L Many resolved their issue by taking some sort of compensation for a reduced side yard. The properties that did not fit were the seven properties before you this evening. The County HRA will take those properties held by the Highway Department if this Resolution passes and the HRA will manage the properties most appropriately. The County HRA needs City Council approval to operate in the City of Fridley. They ask Council's permission to sell these homes. 8180 East River Road (the side yard was reduced to 8.58 feet); 8200 East River Road (side yard was reduced to 9.9 feet); 510 Janesville (side yard was reduced to 12.54 feet); 641 Hugo (reduced to 3.63 feet); 8114 Fairmont (reduced to 8.58 feet); 8114 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 11 Fairmont Circle (two setbacks reduced on the side yard to 5.61 and the front yard to 17.56 feet); and 7948 East River Road (side yard reduced to 17.49 feet). This will address the deficiencies on each property. Councilmember Bolkcom asked if there were any variances given to similar properties. Mr. Hickok stated that east of Highway 65 a cross street was never installed and there is a side yard setback on a garage that is less than that. If that street was installed they would be in the same situation. Councilmember Bolkcom asked if there were some that were in the 8 to 10 feet range. Mr. Hickok stated that there were. Councilmember Barnette asked if the house on Hugo was boarded up and if the other six houses are inhabited. Mr. Hickok stated that the Hugo house is boarded up and not all the houses are inhabited. Mr. Burns asked if some were rented out. Mr. Hickok stated that some have been rented out. Councilmember Bolkcom stated that she is satisfied with the resolution. Mayor Lund stated that Councilmember Billings had some reservations. Councilmember Billings stated that he just wanted to make sure the questions were asked and answered. MOTION by Councilmember Bolkcom to adopt Resolution No. 9-2002. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 15. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated she would like to discuss pre-Council meeting agenda items after the meeting. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2002 PAGE 12 ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE FEBRUARY 25, 2002, CITY COUNCIL MEETING ADJOURNED AT 8:54 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor