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06/06/1994 - 00004490� � � THE MIN[JTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JIINE 6, 1994 The Regular Meeting of the Fridley City Counoil was called to order by Mayor Nee at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT PRESENTATION' Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilwoman Bolkcom Councilman Schneider CERTIFICATE OF APPRECIATION TO SUSAN JACKSON: Mayor Nee presented a certificate of appreciation to Susan Jackson for her services on the Human Resources Commission from April 1, 1988 to April l, 1994. He stated that her dedication to improve her community and to make it a better place to live is truly appreciated. Mayor Nee stated that Ms. Jackson has served on various committees, as well as the Charter Commission. The Council really appreciates her years of service to the City. Ms. Jackson received this certi£icate from Mayor Nee and thanked the Council. PROCLAMATION• STUDENT FOREIGN EXCHANGE WEEK, JUNE 6-12, 1994: Mayor Nee read and issued a proclamation proclaiming the week of June 6-12, 1994 as Student Foreign Exchange Week in the City of Fridley in honor of Shaun Hudson of New Zealand and Reto Tuor of Switzerland. He stated that both students are made honorary citizens of Fridley during the duration of their stay. Mayor Nee presented this proclamation, as well as an American flag, to the students. Mr. Shaun Hudson of New Zealand thanked the Council and stated that he was proud to be recognized as a citizen of Fridley. He stated that he has been in Minnesota for over four months and has loved every minute of it. He stated that he was pleased to find that he has come to such a great City. FRIDLEY CITY COUNCIL MEETING OF JUNE 6. 1994 PAGE 2 � Mr. Hudson stated that everyone at Fridley High School has been extremely friendly and willing to get to know him. He stated that he has participated in activities at the high school, such as baseball and the school play, and every experience has been incredible. He stated that he enjoys his host family and, for the first time, has sisters and two other brothers. He stated that the student foreign exchange program is definitely something he would tell people to get involved with. He stated that he is looking forward to the next six months of his stay. He also presented the Council with a miniature flag of his country. Mr. Reto Tuor of Switzerland said that his stay has not been as pleasant so far. He stated that he has a great host family, but some times no one is home during the day. He stated that he has found great friends to help him. He stated that in Switzerland you hear the United States is dirty. When he came here he found that everything was nice and clean. Mr. Tuor stated that he comes from the part of Switzerland where they speak German. He stated that in Switzerland everyone learns French and several other languages. He stated that he sometimes misses the mountains of Switzerland, but he has enjoyed the sunsets here. He presented a miniature flaq of Swi.tzerland to the Council. � APPROVAL OF MINUTES: COUNCIL MEETING, MAY 16, 1994: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Sorgenson to adopt the agenda as submitted. Seconded by Councilman Billinqs. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: FRIDLEY '49ER DAYS CELEBRATION: Ms. Linda Callier, President of Fridley '49er Days, invited the Council to this year's festivities. She outlined the activities planned for the celebration and where the '49er Days buttons can be purchased. She stated that they appreciate the Council's support of this annual activity. LEGISLATIVE UPDATE - SENATOR DON BETZOLD: � Senator pon Betzold stated that he appreciated the opportunity to present a leqislative update to the Council. He stated that one � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 6. 1994 PAGE 3 item that may have the most impact, from a financial standpoint, was the local government trust fund, which will be eliminated as of July, 1996. He stated that there would be a two percent increase for the next year in Local Government Aid. Thereafter, LGA will increase by no less than 2.5 percent and no more than 5.0 percent per year. He stated that Fridley's share of Local Government Aid £or 1995 would be an additional $22,800. Senator Betzold stated that if the City is planning on purchasing personal equipment for fire fighters, there will not be a sales tax on these items as of July 1. Senator Betzold stated that there is a small change in the truth in taxation requirements. Tnformation that will be supplied by the State is to be included in this fall's truth in taxation statement. Senator Betzold stated that there are changes in the open meeting law so that the number of ineetings can be extended if the Council wanted to discuss personnel disciplinary mattersa He stated that fines have also been increased for violation of the open mee�ing laws. Senator Setzold stated that the landfill cleanup bill was passed. He stated that any businesses or government units that have had to pay for this can get their money back after October, 1995. Senator Betzold stated that all local elections have been moved to September and November dates in either odd or even numbered years. Everyone will have four year terms. He stated that the ethics bill was passed, and it applies to local governments. Senator Betzold stated that other minor issues passed relate to Charter Commissions, zoning on mobile homes, and bond counsel fees. Senator Betzold stated that no legislation was passed on tax increment financing, housing guidelines, or highway funding. Senator Betzold stated that this last legislative session was a busy one, and a lot of time was taken with the Target Center bill. He stated that the next session will begin January 3. Councilwoman Sorgenson stated that there was a law passed regarding animal complaints, She asked if the City had to publish a legal notice before an animal could be destroyed. Senator Betzold stated that this issue was the result o£ someone's animal being destroyed before the owner realized who to contact. He stated that he would be happy to review this legislation to determine what is required of cities. Counailman Billings questioned citizen enforcement of handicapped parking. FRIDLEY CITY COUNCIL MEETING OF JUNE 6. 1994 PAGE 4 � Senator Betzold stated that this is an expansion of a law which normally would require a police officer to ticket the cars. This legislation would allow a citizen to report and to follow up if they wished to do so. Mr. Herrick, City Attorney, asked if school boards were included in the change in the elections. Senator Betzold stated that the purpose of the law was to include school board elections, so they have the same election cycle as everyone else. Mr. Hunt, Assistant to the City Manager, asked if the school board elections would be held at the precincts in the fall of 1995. Senator Betzold stated that they would be held at the precincts, as it would be unreasonable to have the voters go to several places to cast their vote. Mayor Nee stated he understands that the school district is authorized to participate in the cost of the election. Senator Betzold stated that he did not recall that this was part of the bill. He stated that the school districts have to pay for � their own elections. He did not know the cost for adding extra names on the ballot. Mr. Burns, City Manager, stated that Senator Betzold has been very responsive to the City's requests. Senator Betzold stated that he hoped he could be of assistance to the City. PUBLIC HEARING: 1. PUBLIC HEARING ON ZONING TEXT AMENDMENT, ZTA #94-01, BY WILLIAM TURNER, TO APPROVE AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTIONS 2Q5.Q3. 2Q5.14.1.B. 205,14.1.C. 205.15.1.5. ANQ 2D5.15.1.C• MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:07 p.m. Ms. Dacy, Community Development Director, stated that the purpose of this zoning text amendment is to amend the C-2 and C-3 zoning � districts to permit seasonal outdoor food sales as an accessory and special use. She stated that this proposed ordinance defines daily, weekly, and special event food sales. She stated that FRIDLEY CITY COUNCIL MEETING OF JUNE 6, 1994 PAGE 5 ' special event sales and weekly sales occurring for less than two consecutive weeks would be a permitted accessory use. She stated that a special use permit would be required for daily sales and weekly sales occurring over two consecutive weeks. Ms. Dacy stated that the Planning Commission recommended approval of this amendment with some minor changes which have been modified. She stated that the 5tate of Minnesota Department of Agriculture regulates some types of food sales, and this ordinance has been sent to them for their review. She stated that the Minnesota Department of Agriculture considers the sale of mini doughnuts as a mobile £ood service and has speci£ic requirements regarding its operations. She stated that the key requirement of the State is that it not operate in any one location for more than fourteen consecutive days. Ms. Dacy stated that the petitioner who wishes to operate a mini doughnut stand at the wal-Mart site is contacting the State as to whether or not continued operation at the Wal-Mart site every weekend would be in conflict with the State rules regarding a mobile food service. She said that to date, the State has not rendered trieir opinion. Ms. Dacy said that the State receives a lot of pressure from the � hospitality industry because they feel that operatinq a temporary seasonal food operation throughout the year is unfair competition for the restaurants, as they have to comply with venting and other code requirements. Councilman Billings said that the State may change their require- ments over the years, but it does not necessarily mean the City would change the ordinance. He stated that this ordinance amend- ment is more comprehensive than just covering mini doughnut sales at Wal-Mart. He said that the State may have more stringent rules, and the petitioners may also have to meet the State requirements. Ms. Dacy stated that it probably should be clarified that a license from the county and the State should be obtained in addition to the local license. Councilwoman Bolkcom questioned if it would be better to wait for the State's opinion before proceeding with �his ordinance amendment. Ms. Dacy stated that whatever is most restrictive would be implemented. No other persons in the audience spoke regarding this proposed ordinance amendment. � MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting FRIDLEY CITY COUNCIL MEETING OF JUNE 6. 1994 PAGE 6 � aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:20 p.m. OLD BUSINESS: 2. ESTABLISH A PUBLIC HEARING FOR JULY 11. 1994, ON AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, stated that the public hearing notice that was published for this ordinance amendment was in error, and it is necessary to re-advertise the public hearing for July 11, 1994. MOTION by Councilwoman Jorgenson to set the public hearing on this ordinance amendment for July 11, 1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that even though the legal publication for the hearing was inaccurate, this ordinance amendment was advertised for this Council meeting and asked if anyone was present on this item. There was no response from the audience. � NEW BUSINE5S: 3. RESOLUTION NO. 47-1994 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE EPILEPSY FOUNDATION: Mr. Burns, City Manager, stated that the Epilepsy Foundation is petitioning for a lawful gambling permit for Sandee's Restaurant. He stated that the application was reviewed by the Police Department, and they have no objections. Ms. Connie Anderson, representing the Epilepsy Foundation of Minnesota, stated that they are rated the third best charity in Minnesota. They are one of the few charities that still participate in local programs, so a substantial amount of their proceeds stay in the community. MOTION by Councilwoman Jorgenson to adopt Resolution No. 47-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE THE MINUTES OF THE PLANING COMMISSION MEETING OF MAY 1S, 1994: � FRIDLEY CITY COUNCIL MEETING OF JUNE 6, 1994 PAGE 7 � A. ESTABLISH A PUBLIC HEARING FOR JUNE 20.1994, FOR A REZONING RE9UE5T ZOA #94-02, BY FORREST HAR5TAD OF TWIN CITY TOWN- HOMES TO REZONE PROPERTY FROM R-1, SINGLE FAMILY DWELLING, TO R-3 GENERAL MULTIPLE FAMILY DWELLING, TO ALLOW THE CONSTRUCTION OF 41 TOWNHOMES, GENERALLY LOCATED AT 971 HILLWIND ROAD N.E.: MOTION by Councilman Billings to set the public hearing on this Rezoning Request, ZOA #94-02, for June 20, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR JUNE 20, 1994. FOR A VACATION REOUEST, SAV #94-02, BY FORREST HARSTAD OF TWIN CITY TOWNHOMES, TO VACATE A PORTION OF PROPERTY GENERALLY LOCATED AT 971 HILLWIND ROAD N.E.: MOTION by Councilman Billings to set the public hearing ott this Vacation Request, SAV #94-02, for June 20, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. ESTABLISH A PUBLIC HEARING FOR JUNE 20, 1994, FOR A PLAT REQUEST, P.S. #94-04, BY FORREST HARSTAD OF TWIN CiTY � TOWNHOMES, TO REPLAT PROPERTY GENERAILY LOCATED AT 971 HILLWIND ROAD N.E.: MOTION by Councilman Billings to set the public hearing on this Plat Request, P.S. #94-04, for June 20, 1994. Seconded by Council- woman Bolkcom. 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 May 18, 1994. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 24, 1994' A. VARIANCE REOUEST. VAR #94-05, BY CHRIS RODGERS, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 22.4 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION, GENERALLY LOCATED AT 6050 6TH STREET N.E.• Ms. Dacy, Community Development Director, stated that this is a request for a variance to reduce the front yard setback from 35 feet to 22.4 feet to allow the construction of a 10 foot by 22 foot addition to the front of this home. She stated that the purpose � of the addition is to expand the kitchen and dining room and to create an enclosed foyer. FRIDLEY CITY COUNCIL MEETING OF JUNE 6, 1994 PAGE 8 � Ms. Dacy stated that the existing home is located 32.4 feet from the property line. Most of the homes along the west side of 6th Street are approximately at the same setback. She stated that the petitioner requested that City staff check the setbacks of other homes on the east side of 6th Street. She stated that it has been determined there are three homes less than the required 35 foot setback. She stated that one home was set back 28 feet and two others were at 30 feet. Ms. Dacy stated that at the public hearing before the Appeals Commission, two neighbors attended and had no adverse comments regarding this variance request. She stated that the Appeals Commission voted three to one to deny the variance, as they were concerned about setting a significant precedent in terms of a front yard encroachment. Councilman Billings stated that he met with the petitioner earlier this evening and discussed several items, including the non- conforming uses mentioned by Ms. Dacy. He stated that there was a similar situation on West Moore Lake Drive where a petitioner wanted a front yard variance, and there were some non-conforming uses on the same block. He asked if staff could provide some written information at the next Council meeting on the West Moore Lake Drive non-conforming uses and whether there were variances on � those homes in this neighborhood. Councilman Billings stated that in talking with the petitioner, other alternatives were discussed, and he would like this item tabled for further information from staff. � MoTION by Councilman Billings to table this item to the June 20, 1994 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION N0. 48-1994 AFFIRMING THE CITY OF FRIDLEY'S COMMITMENT TO WASTE REDUCTION: Ms. Dacy, Community Development Director, stated that this resolution would affirm the City's commitment to waste reduction and allow an additional twenty percent reduction in the solid waste abatement fee changed to the City by Anoka County. She stated that this resolution will have no affect on the City's current operations, as the City has had a waste reduction policy and an in- house waste reduction committee in place since last year. MOTION by Councilwoman Bolkcom to adopt Resolution No. 48-1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 6, 1994 PAGE 9 7. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 1994-11 (SLURRY SEAL): Mr. Flora, Public Works Director, stated that this pro7ect would cover slurry seal for approximately three miles of streets in the City. He stated that only one bid was received for this project. He recommended that the Council award the bid to Struck and Irwin Paving for $54,745.D2. MOTION by Councilwoman Jorgenson to receive the following bid for Street Improvement Project No. ST. 1994-11: Bidder Struck & Irwin Paving 812 Williamson St. Madison, WI 53703 Total Bid $54,745.02 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to award the bid for Street Improvement Project No. ST. 1994-11 to the low bidder, Struck & Irwin Paving, in the amount of $54,745.02. 5econded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVE JOINT POWERS AGREEMENT FOR SEALCOATING CORPORATE LIMIT STREETS BETWEEN THE CITY OF FRIDLEY AND THE CITY OF COLUMBIA HEIGHTS• Mr. Flora, Public Works Director, stated that this 7oint powers agreement covers sealcoating for the University Avenue East Service Road and 45th Avenue. MOTION by Councilman Billings to approve the Joint Powers Agreement with the City of Columbia Heights for sealcoating corporate limit streets and authorize the appropriate City staff to execute same. Seconded by Councilwoman Bolkcom. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 10. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manager, stated that he was pleased to recommend two persons for appointment. � FRIDLEY CITY COUNCIL MEETING OF JIINE 6. 1994 PAGE 10 He stated that the first appointment was to the Crime Prevention Speoialist II position, and he recommended Julie 5wanson. He stated that Ms. Swanson has a Bachelor of Science Degree from the University of Minnesota in Human Rela�ionships and has worked as a Crime Prevention Coordinator for St. Paul. He stated that she has had experience working with homeowners, landlords, tenants, business owners, and other neighborhood organizations. MOTION by Councilwoman Jorgenson to concur with the following appointment by the City Manager: Name Julie Swanson Position Crime Prevention 5pecialist II Exempt Starting Salarv $24,793.6D per year $2,066.13 per month Starting Date June 20, 1994 Replaces Connie Bauman Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Burns stated that the next appointment is for Liquor Store Manager, and he recommended LaVon Regnier. He stated that � Ms. Regnier has a Bachelor of Science Degree in Public Administration from St. Catherine's College with emphasis in management and marketing. He stated that she has worked as a Manager at T.J. Maxx and has experience with store budgets, inventory, and cost control. � MOTION by Councilwoman Jorgenson to concur with the following appointment by the City Manager: Name LaVon Regnier Fosition Liquor Store Manager Exempt Starting Salarv $31,699.20 per year $2,641.20 per month Starting Date June 20, 1994 Replaces New Position Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 55728 through 56012. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 6 1994 PAGE 11 12. LICENSES- MOTION by Councilwoman Bolkcom to approve the licenses as submitted and as on file in the License Clerk's office. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. ESTIMATE5: MoTION by Councilwoman Jorgenson to approve the estimates as submitted: Insituform Central, Inc. 6167 North Kent Avenue Milwaukee, WI 53217 Sanitary Sewer Repair Project No. 263 FINAL ESTIMATE . . . Northwest Asphalt, Inc. 1451 County Road No. 8 Shakopee, MN 55379 . . . . . . $72,793.40 1993 Street Improvement Project No. ST. 1993 - 1& 2 FINAL ESTIMATE . . . . . . . . . . . . . . . $62,833.00 Rainbow, Inc. 7324 36th Avenue North Minneapolis, MN 55427 1.5 MG Water Improvement Project No. 212 FINAL ESTIMATE . . . . . Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 . . . a . . . $36, 537. 64 Statement for Services Rendered as City Prosecuting Attorney for the Month of April, 1994 . . . . . . . . . $13,267.50 Schmidt Curb Company 21504 Ahlstrom Avenue Rogers, MN 55374 Miscellaneous Concrete Curb, Gutter & Sidewalk Project No. 262 Estimate No. 1 . . . . . . . . . . . . . . . $ 8,692.12