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07/24/1989 - 00006989THE MINUTES OF THS REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF � JULY 24. 1989 The Regular Meeting of the Fridley City Council was called to order at 7:50 p.m, by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, JULY 10, 1989: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: PRESENTATION BY VFW POSTS 363: Mr. Nessman, Commander of the Fridley VFW Post 363, presented a check to the City for $9,600 for use by the Fire Department. Mr. Aldrich stated these funds would be used for several educational programs and computer hardware for hazardous incident management. He stated he appreciated this donation by the VFW and their support of the Fire Department over the years. l. RECEIVING THE STATEMENT OF CANVASS FROM THE SPECIAL ELECTION OF JULY 18, 1989: Ms. Haapala, City Clerk, stated the Charter amendment on the Council's term of office passed with 706 votes in favor and 237 votes against. She stated there were no overvotes or blank votes. � ' � L� FRIDLEY CITY COUNCIL MEETING OF JULY 24, 1989 PAGE 2 MOTION by Councilman Fitzpatrick to apgrove the Statement of Canvass from the Special Election of July 18, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: 2. PUBLIC HEARING ON A VACATION, SAV #89-03. TO VACATE A SIX FOOT AND THE EAST ONE FOOT OF A DRAINAGE AND UTILITY EASEMENT IN CERTAIN TRACTS OF REGISTERED LAND SURVEY N0. 94 AND IN THE GENA-RAE ADDTTION, BY THE CITY OF FRIDLEY: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:57 p.m. Ms. Dacy, Planning Coordinator, stated there are two easements that need to be vacated, the north six feet of Outlot 1 and the east one foot of the west six feet of outlot 1. She stated these easements were included in Outlot 1 of the Gena-Rae Addition and, when it was replatted, the easements were not vacated. Ms. Dacy stated it is necessary to vacate the easements so the titles of the property can be cleared. Ms. Dacy stated the Planning Commission recommended approval of the vacation and staff would concur. No persons in the audience spoke regarding this proposed vacation. MOTION by Councilman Sahneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:59 p.m. 3. PUBLIC HEARING ON A REZONING, ZOA #89-03. TO REZONE LOT 2, AUDITOR'S SUBDIVISION NO. 89 FROM M-1, LIGHT INDUSTRIAL AND R-3, GENERAL MULTIPLE DWELLING, TO C-2, GENERAL BUSINESS, GENERALLY IACATED AT 7191 HIGHWAY 65 N.E.. BY TED HAINES: MoTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:59 p.m. Ms. Dacy, Planning Coordinator, stated this property is located on Highway 65 adjacent to 72nd Avenue. She stated the site is zoned both M-1, light industrial, and R-3, general multiple dwelling and Kurt Manufacturing is the current owner of the property. _--� � , FRIDLEY CITY COIINCIL MEETING OF JULY 24, 1989 PAGE 3 Ms. Dacy stated the petitioner is requesting rezoning to C-2, general business, to allow the existing building to be operated as a snowmobile showroom and dealership. She stated the building is 10,800 square feet and 3,000 square feet would be occupied by an embroidery shop. Ms. Dacy stated the property to the north and south is zoned industrial, but the uses are commercial in nature. She stated this rezoning would be compatible with adjacent uses. Ms. Dacy stated there are 51 parking spaces on the site and the use proposed by the petitioner would not pose any parking problem. She stated if the occupancy would change, it is recommended that adequate parking exist prior to any issuance of a certificate of occupancy. She stated the Planning Commission added another stipulation regarding outdoor storage and display. Ms. Dacy stated the City Attorney recommends the Council not include this stipulation as part of the rezoning, as a commercial zone permits an owner to file for a special use permit for outdoor storage. Ms. Dacy stated staff recommends the Council, therefore, approve this rezoning with the stipulation regarding the provision of adequate parking for any future tenants. She stated the first reading of the ordinance for this rezoning has been included on the � Council's agenda this evening as the petitioner would like to proceed as soon as possible. Mr. Haines, the petitioner, stated he was looking forward to working with the City. He stated this will be a retail business and they will keep the site very clean. Mr. Haines stated they operate another shop in Forest Lake. Mr. Haines stated in regard to the parking, they very seldom have more than ten customers at one time and there should not be any parking problem. He stated they want to make some improvements to the building by installation of windows and awnings across the front, repainting, and installation of an entry door facing Highway 65. Councilman Schneider asked if they would repair snowmobiles at this facility. Mr. Haines stated they would provide some servicing, but major engine repairs would be handled at their other shop in Forest Lake. No other persons in the audience spoke regarding this proposed rezoning. � MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:08 p.m. _ .� FRIDLEY CITY COUNCIL MEETING OF JULY 24. 1989 PAGE 4 � OLD BUSINESS: 4. ORDINANCE NO. 927 RECODIFYZNG THE FRIDLEY CITY CQDE BY AQDING CHAPTER 513. REGULATION OF SKATEBOARDS, ROLLERSKIS, ROLLERSKATES. AND ROLLERBLADES: MOTION by Councilman Fitzpatrick to waive the second reading of ordinance No. 927, adopt it on second reading, and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION NO. 62-1989 AUTHORIZING AMENDMENT OF A JOINT POWERS AGREEMENT TO FORM A COALITION OF METROPOLITAN COMMUNITIES TO PROVIDE FOR A CHANGE IN NAME: MOTION by Councilman Schneider to adopt Resolution No. 62-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSZNESS: RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 12, 1989• � A. CONSIDERATION OF A PRELIMINARY PLAT. P.S. #89-02, SBF ADDITION, BY JEROME FARRELL, TO REPLAT LOTS l, 2, 28 AND 29, BLOCK 2. COMMERCE PARK INTO TWO LOTS, THE SAME BEING 250 OSBORNE ROAD N.E.: MOTION by Councilman Billings to set the public hearing on this preliminary plat for August 14, 1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of July 12, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A REZONING, ZOA #89-03, TO REZONE LOT 2, AUDITOR'S SUBDIVISION NO. 89 FROM M-1, LIGHT INDUSTRIAL AND R-3, GENERAL MULTIPLE DWELLING, `PO C-2, GENERAL BUSINESS, GENERALLY LOCATED AT 7191 HIGHWAY 65 N.E., BY TED HAINES: MoTION by Councilman Schneider to waive the reading and approve the ordinance upon £irst reading, with the following stipulation: (1) Future tenants in the building shall not receive a certificate of ' occupancy until it is shown that adequate parking can be provided for the proposed use. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF JULY 24. 1969 PAGE 5 8. CONSIDERATION OF APPROVAL OF RECYCLING SERVICE CONTRACT WITH SUPER CYCLE: Ms. Dacy, Planning Coordinator, stated the Council discussed short term goals for continuing recycling service in the City and staff is recommending the Council consider this contract with Super Cycle. She stated one item not discussed at the June 26, 1989 meeting was compensation to the contractor of $100 per ton basic fee and $44 per month for "out-of-pocket expenses", or a total of $3,144.00 per month. She stated this would occur if the tonnage falls below 31 tons. The agreement still requires a minimum monthly payment of $3,144.00. She stated it is not expected the tonnage would fall below this figure as it has been averaging 36 to 44 tons a month. Ms. Dacy stated another item which was not previously discussed concerned the leave agreement Super Cycle has with Ramsey County. She stated the agreement provides that Super Cycle will notify the City by August 1, 1989 if its lease agreement with Ramsey County for its recycling center located at 775 Rice Street has been cancelled. She stated Mr. Glander, Vice President of Super Cycle, has stated, in a letter, that he anticipates the Ramsey County Board will approve the lease agreement at its July 25 meeting. She stated should the Ramsey County Board not approve the contract, Super Cycle will continue to serve the City through July 28, 1989. Councilman Schneider questioned the intent of Paragraph 4 on Page 2 of the contract, and if the contractor could cease pick-up of a particular recyclable at a moment's notice. Mr. Glander, Vice President of Super Cycle, stated this paragraph was included in the contract due to what happened this spring where they could not dispose of the newspapers that had been collected. He stated if the City wished clarification, this could be done, however, their intent was not to call the City on a moment's notice and advise they would not take certain recyclables. He stated this wording was added to minimize the impact if a serious problem arose. Councilwoman Jorgenson stated newspapers acaount for the majozity of the tonnage and, if for some reason they would not be collected, the tonnage could possibly fall below 31 tons. Mr. Glander stated newspapers comprise about 65 percent of the tonnage and if any problems arose, it probably would be in this area. He stated a minimum fee was designed because if the City wants them to continue collecting other recyclables, such as cans and glass, it would not be feasible if the tonnage fell below 31 tons. Mr. Burns, City Manager, questioned why tonnage rates were lower in other cities. FRIDLEY CITY COUNCIL MEETING OF JULY 24, 1989 PAGE 6 ' Mr. Glander stated the rates in St. Paul are $85 per ton and $90 per ton in Roseville. He stated there is more productivity in these cities and the rates are based purely on experience. He stated the productivity is reflected in the number of tons they can collect in one driver hour. He stated this takes into consideration how far they have to travel to their base and the density o£ households which increases the productivity. He stated they reviewed the City's recycling records for the first four months of this year to come up with the tonnage rate. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into this agreement with Super Cycle. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF ESTABLISHING A PUBLIC HEARING DATE OF AUGUST 14, 1989 FOR THE SALE OF EXCESS PROPERTY, LOTS 22 THROUGH 30, BLOCK 5, AYDE PARK, BY WAYNE JOHNSON: MOTION by Councilman Fitzpatrick to set the public hearing date for the sale of excess property, Lots 22 through 30, Block 5, Hyde Park, for August 14, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' 10. CONSIDERATION OF A FOUR FOOT CHAIN LINK FENCE FOR HOMEOWNERS BORDERING ON SUMMIT SOUARE PARK: Mr. Kirk, Director of Recreation and Natural Resources, stated Mr. and Mrs. Pettis, the homeowners at 5176 Hughes Avenue, have requested the City participate in the cost of a semi-privacy fence along their property which borders Summit Square Park. He stated the Parks and Recreation Commission considered this request and recommended the City share in the cost and installation of a four foot chain link fence. He stated there has been a long standing policy that a homeowner, if his property borders a park, can request the City to participate in the cost of this type of fencing. Mr. Kirk stated the Commission also recommended if this type of fencing is not installed, the City not participate. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Parks and Recreation Commission for the City to share in the cast and installation of a four foot chain link fence for the Pettis' property which borders Summit Square Park. Seconded by Councilman Schneider. Councilwoman Jorgenson asked if the Pettis' were aware of this recommendation. ' Mr. Kirk stated he advised Mr. Pettis as to what would be recommended. He stated Mr. Pettis would prefer a privacy fence, FRIDLEY CITY COUNCIL MEETING OF JDLY 24, 1989 PAGE 7 � but is waiting for the Council's action. Mr. Kirk stated the reason for the chain link fence is because of its durability. Mr. and Mrs. Pettis were not present at this meeting. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 11. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 206, ENTITLED "BUILDING CODE" BY ADDING SECTION 206.03.02 J FOR ESTABLISHING A MONITORING WELL FEE: Mr. Flora, Public Works Director, stated this change is recommended to the City Code to establish a fee for a monitoring well permit. He stated an initial application and plan check fee is proposed for $25.00; an initial monitoring well permit fee of $50.00; and an annual permit fee of $50.00, as well as submission o£ an annual and final monitoring activity report for all individual monitoring locations. He stated these fees are consistent with the fees charged in Minneapolis. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF CHANGE ORDER NO. 10 FOR THE FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT NO. 189: Mr. Flora, Public Works director, stated this change order in the amount of $32,380 consists of five changes to the Municipal Center Improvement Project No. 189. He stated these changes are as follows: (1) 6 proposal requests and 4 work orders for the Municipal Center for $10,370; (2) 8 proposal requests and 4 work orders for the ramp for $41,531; (3) a proposal request and work order for concrete work in the fire station for $549; (4) a deduction of $6,26D to Proposal Request No. 51 for the employee restrooms; and (5) a deduct of $13,810 in the contract with Country Cabinets, Inc. for elimination of fire station furniture. MoTION by Councilman Schneider to authorize Change Order No. 10 for the Munioipal Center Improvement Project No. 189 in the amount of $32,380. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. CONSIDERATION OF PETITION NO. 11-1989 REOUESTING A"NO PARKING 8:00 A.M. TO 5:00 P.M.. MONDAY THROUGH FRIDAY" SIGN ON THE SOUTH SIDE OF 69TH AVENUE FROM OLD CENTRAL TO THE PARK ACCESS: � Mr. Flora, Public Works Director, stated Petition No. 11-1489 has been received requesting no parking from 8:00 a.m. to 5:00 p.m., �} FRIDLEY CITY COUNCIL MEETING OF JOLY 24, 1989 PAGE S � Monday through Friday on the south side of 69th Avenue from Old Central to the county park. MOTION by Councilman Schneider to receive Petition No. 11-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated 69th Avenue is strictly a residential street and some employees of Medtronics have been parking on the street. Ae stated residents on 69th Avenue have petitioned for no parking on the south side between 8:00 a.m. and 5:00 p.m. , Monday through Friday. MOTION by Councilman Schneider to direct staff to install a"no parking 8:00 a.m. to 5:00 p.m., Monday through Friday" sign on the south side of 69th Avenue from Old Central to the county park. Seconded by Councilwoman Jorgenson. Councilman Billings stated he did not believe those persons employed by businesses in the area should park on the street, but his concern was that it would also eliminate parking on the street for persons who may be visiting or making deliveries to these residences. Ae questioned if parking should be limited to one or two hours. � Ms. Nelson, 1370 69th Avenue, stated she had circulated the petition which everyone had signed. She stated they have deep lots and driveways which can accommodate any visitors to their residences. Councilwoman Jorgenson asked if a letter has been sent to Medtronic requesting their employees to use the parking lots and not park on the street. Mr. Flora stated they have been contacted, but it is hard to enforce. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 14. CONSIDERATION OF AN AGREEMENT FOR LEASE OF THE "A" FRAME TO SCHOOL DISTRICT NO. 14: Mr. Pribyl, Finance Director, stated School District No. 14 has contacted the City regarding renewal of the lease for the "A" frame at North Innsbruck Park. He stated this lease includes the same terms as the previous one dated June 6, 1988. MoTION by Councilman Schneider to authorize the Mayor to enter into � this lease agreement with School District No. 14 for the "A" frame building located at North Innsbruck Park. Seconded by Councilwoman � 1 FRIDLEY CITY COUNCIL MEETING OF JULY 24, 1989 PAGE 9 Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CLAIMS; MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 27266 through 27589. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. ESTIMATES: MoTION by Councilwoman Jorgenson to approve the estimates as sul�mitted: Gammon Bros., Inc. 13845 Northdale Blvd. Rogers, MN 55374 Street Improvement Project No. ST. 1989 - 1& 2- Estimate No. 1. .. Gunderson Brothers 2325 Snelling Avenue Minneapolis, MN 55404 1989 Miscellaneous Concrete Curb, Gutter and Sidewalk Project - Estimate No. 2. . HNTB 6700 France Ave., Suite 260 Minneapolis, MN S. 55435 Water bistribution System Study Project No. 191 - Estimate No. 3 Volk Sewer & Water, Inc. 8909 Bass Creek Court Brooklyn Park, MN 55428 Water, Sanitary Sewer & Storm Sewer � Project No. 188 - Estimate No. 5. . . $ 43,154.11 $ 2,481.21 $ 9,410.59 . $ 5,339.13 ias ' � � FRIDLEY CITY COUNCIL MEETING OF JULY 24, 1989 PAGE 10 Civic Center Remodeling Pay Application #10 Through June 30, 1989 . . . . . . . . . . . . . . $143,359.00 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to ad7ourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 24, 1989 adjourned at 8:39 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: �� � William J. Mayor Nee � �