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09/11/1995 - 00001373, THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 11, 1995 The Regular Meeting of the Fridley City Council was called to order at 7:35 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: MEMBERS ABSENT PROCLI�MATION : Mayor Nee, Councilwoman Sorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom None VALUE5 FIRST WEEK, 5EPTEMBER 17 - 23, 1995: Mayor Nee read and issued a proclamation proclaiming the week of September 17 through 23 as Values First Week. He encouraged all residents to actively participate in the Values First program. He � stated that the community values are respect, integrity, caring, responsibility, self-control, non-violence, and citizenship. Mayor Nee stated that, in his opinion, the primary energizer for this values program was Commissioner Jim Kordiak. He presented the proclamation to Commissioner Kordiak and stated that he appreciated the leadership he has provided for this program. � Commissioner Kordiak stated that he was pleased to accept the proclamation on behalf of the Values First Committee. He stated that this committee had a great amount of support, as the citizens selected the core values. He stated that nine committees are working to develop a program with the core of values. He stated that he is attending a meeting of the business community to deter- mine what can be done to promote these values. Commissioner Kordiak outlined the activities planned for the week of September 17 - 23. He stated that on Tuesday, September 19, Dr. David Walsh will be speaking at the Fridley High School Auditorium and on Thursday, September 21, Ms. Judith Rice will be speaking at Murzyn Hall in Columbia Heights. He stated that on Saturday, September 23, there will be an ice cream social at the athletic field west of Fridley High School. He thanked the Mayor and the City Council for this proclamation. Councilwoman Bolkcom stated that the Values First Committee is looking for volunteers and trying to raise funds to give everyone in the schools a tee-shirt. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11. 1995 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING, AUGUST 28, 1995: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: 1. ORDINANCE N0. 1056 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205. ENTITLED "ZONING," BY AMENDING SECTION 205.25.8.C, AND REPEALING SECTION 205.24 AND ADOPTING A NEW SECTION 205.24 CREATING FLOODPLAIN REGULATIONS: Mr. Burns, City Manager, stated that this ordinance was first adopted in 1977 to limit development in the floodway and permit development that meets standards in the flood fringe district. He stated that the amendments provide for the creation of a third district, "General Floodplain District" that includes both floodway and flood fringe districts. He stated that there are no changes to the ordinance as it relates to floodway and flood fringe districts and no changes to the boundaries of this district. � Mr. Burns stated that the amendment also provides additional standards for manufactured homes, manufactured home parks, and placement of travel trailers on travel vehicles. He stated that since Fridley does not permit manufactured homes or travel trailers in floodway or flood fringe districts, this amendment will have no affect on the City's residents. Mr. Burns stated that Council requested removal of the special use permit requirement to build in the flood fringe district, and this has been done. He stated that the changes in the ordinance were requested by the Federal Emergency Management Association and the Department of Natural Resources. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1056 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. RESOLUTION N0. 51-1995 ADOPTING A PROPOSED BUDGET FOR THE FISCAL YEAR 1996: Mr. Burns, City Manager, stated that this preliminary draft budget is submitted in conformance with the State Statutes and � must be certified to the County Auditor by September 15, 1995. He stated that this budget is used as a basis for establishing the levy. Ae stated that the levy can be reduced but not increased. He stated that this levy does include $182,000 to ' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1995 PAGE 3 address the gap between revenues and expenditures. He stated that most funds are less than last year, but capital pro7ect funds are greater. ADOPTED RESOLUTION NO. 51-1995. 3. RESOLUTION NO. 52-1995 CERTIFYING PROPOSED TAX LEVY REQUIRE- MENTS FOR 1996 TO THE COUNTY OF ANOKA: Mr. Burns, City Manager, stated that this 1996 proposed tax levy of $3,897,629 represents a 6.2 percent increase over the 1995 certified levy. He stated that this is a result of a four percent increase in the property tax levy and a four percent decrease in the Homestead and Agricultural Creditllid. ADOPTED RESOLUTION NO. 52-1995. 4. EXTENSION OF A SPECIAL USE PERMIT, SP #94-10, BY DAVID AND PATRICIA YOUNKIN, TO ALLOW CONSTRTJCTION OF A 5ECOND ACCESSORY STRUCTURE OVER 240 SOUARE FEET, GENERALLY LOCATED AT 5401 MATTERHORN DRIVE N.E. (WARD 2): Mr. Burns, City Manger, stated that the petrtioners, David and Patricia Younkin, have requested a one-year extension of their � special use permit which was originally approved on September 19, 1994. He stated that this special use permit was to allow construction of a second accessory building over 240 square feet. APPROVED A ONE YEAR EXTENSION OF SPECIAL USE PERMIT, SP #94-10, WITH THE SAME STIPULATIONS. 5. EXTENSION OF A SPECIAL USE PERMIT, SP #94-12, BY MONTE AND MICHELLE MAHER, TO ALLOW CONSTRUCTION OF AN ADDITION TO A SINGLE FAMILY HOME IN THE FLOOD FRINGE DISTRICT, GENERALLY LOCATED AT 7965 RIVERVIEW TERRACE N.E. (WARD 3): AND EXTENSION OF A VARIANCE REQUEST, VAR #94-20, BY MONTE AND MICHELLE MAHER. TO REDUCE THE REAR YARD SETBACK FROM 4Q FEET TO 30 FEET, GENERALLY LOCATED AT 7965 RIVERVIEW TERRACE N.E. (WARD 3)• Mr. Burns, City Manager, stated that the petitloners, Monte and Michelle Maher, have requested a one-year extension of their special use permit and variance request. He stated that the special use permit was approved by the City Council on October 3, 1994. The variance approval was unanimous by the Appeals Commission and Council action was not necessary. ' APPROVED A ONE-YEAR EXTENSION OF SPECIAL USE PERMIT, SP #94-12� WITH THE SAME STIPULATIONS, AND A ONE-YEAR EXTEN5ION OF VARIANCE REQUEST, VAR #94-20. � � �J FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1995 PAGE 4 � 7 RECEIVE BIDS AND AWARD CONTRACT FOR WASAINGTON STREET WATER MAIN REPAIR PROJECT NO. 272: Mr. Burns, City Manager, stated that bids were received to replace 400 feet of eight inch water main for Washington Street. He stated that the existing pipe is worn by elements in the soil and has been the subject of numerous water main breaks. Mr. Burns stated that the bids were higher than anticipated, and the low bidder was Penn Contracting, Inc. in the amount of $39,765. He stated that there are savings from other projects to cover this overage. RECEIVED THE FOLLOWING BIDS FOR PROJECT NO. 272: Bidder Penn Contracting, Inc. Centerville, MN 55038 Bonine Excavating, Inc. Elk River, MN 55330 Volk Sewer & Water Brooklyn Park, MN 55428 H & M Asphalt Company Elk River, MN 55330 Northdale Construction Rogers, MN 53374 Total Bid $39,765 $48,546 $60,564 $61,660 $72,797 AWARDED THE CONTRACT TO THE LOW BIDDER, PENN CONTRACTING, INC. IN THE AMOUNT OF $39�765. CLAIMS• APPROVED CLAIM NOS. 63891 THROUGH 64143. 8. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLER&'S OFFICE. 9. ESTIMATES: APPROVED THE FOLLOWING ESTIMATE: ASTECH Corporation P. O. Box 1025 St. Cloud, MN 56302 1995 Street Improvement (Sealcoat) Project No. ST. 1995-10 Estimate No. 1 . . . . . . . . . . . . . . $47,548.53 � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1995 PAGE 5 There were no comments from the audience regardinq the consent agenda items. MOTION by Councilman Schneider to approve the consent agenda items. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Pete Eisenzimmer, 6535 Oakley Street, questioned why apartment buildings were being constructed in the southwest quadrant of Mississippi Street and University Avenue. He felt that the City was closing businesses, and this area should be developed for business and not housing. He stated that many businesses were closed or moved because of the redevelopment for housing. He also questioned if there would be an increase in crime with all the different types of housing. � Mayor Nee stated that the Southwest Quadrant has been available and promoted for commercial development for mariy years, but the market was not good. He stated that grocery stores, as well as other businesses, that tried to locate in this area had problems. He stated that the City then looked at other options and community needs and found there was a need for a special mix of housing for mainly middle and modest income persons. Mayor Nee stated that after a great deal of study, the City and the HRA felt that housing was probably a better use of this property than for commercial. Mr. Eisenzimmer stated that the businesses in Holly Center are suffering because of the median. Councilwoman Jorgenson stated that Mississippi Street is a County road. She stated that the County and the Minnesota Department of Transportation have more control than the City. Mr. Eisenzimmer felt that it should have been voted on by the people. He stated that Country Club Market suffered the same fate when the access from Highway 65 was closed off. Councilman Billings stated that Country Club Markets filed bank- ruptcy and closed all their stores in Minnesota. He stated that this had nothing to do with closing the median. He stated that � Council did object to that closing, but the Minnesota Department of Transportation felt it would be in the best interests of the populous to close of£ that access. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMSER 11, 1995 PAGE 6 PUBLIC HEARINGS: 10. PUBLIC HEARING ON REZONING REQUEST, ZOA #95-05, BY KARL AND MARGARET SCHURR FOR MINCO PRODUCTS, TO REZONE PROPERTY FROM C-2, GENERAL BUSINESS TO M-1. LIGHT INDUSTRIAL, GENERALLY LOCATED AT 7321 COMMERCE LANE N.E. (WARD 3): AND PUBLIC HEARING ON VACATION REQUEST, SAV #95-03, BY KARL AND MARGARET SCAURR FOR MINCO PRODUCTS, TO VACATE A 30 FOOT DRAINAGE AND UTILITY EASEMENT. GENERALLY LOCATED AT 7321 COMMERCE LANE N.E. (WARD 3 L MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notices and open the public hearings. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearings opened at 8:02 p.m. Mr. Hickok, Planning Coordinator, stated that this rezoning request is for approximately 5.4 acres to be rezoned from C-2 to M-1 along the University Avenue frontage road north of 73rd Avenue. He stated that the Planning Commission reviewed this rezoning request and recommended approval. He stated that this request meets the criteria in that it is compatible with the proposed zoning district and with the surrounding uses and zoning, and it meets the require- ments of the proposed district. He stated that three stipulations were recommended, which he outlined. Mr. Hickok stated that the purpose of the rezoning is to allow the construction of a third facility for Minco Products and to provide for expansion of the parking for one of Minco's other facilities. Mr. Hickok stated that, in con7unction with this rezoning, there is a vacation request to vacate a 30 foot utility easement. He stated that the Planning Commission recommended approval of this request with two stipulations, which he outlined. Councilman Billings stated that he is very excited about this project. He stated that Mr. and Mrs. Schurr have been residents of Fridley for a long time and are taking this opportunity to expand their business in Fridley unlike some of the businesses that have gone north. He stated that he is very proud to have the Schurr's both as residents and as business owners in the City of Fridley. Mayor Nee stated that he shares Councilman Billings' views. He also said that the City Council was very proud of the Minco Company and the Schurrs' great contribution to the City. Mr. Schurr thanked Council for their compliments. He stated that this Fridley site was one of the better sites available at the time they wished to expand. He stated that he did not anticipate they FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1995 PAGE 7 � would expand beyond the first plant; however, he did obtain another plant, and the new facility will be their third plant. He stated that it is fortunate they can expand on the land they obtained over the years. No other persons in the audience spoke for or against these rezoning and vacation requests. MOTION by Councilwoman Bolkcom ta close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearings closed at 8:14 p.m. NEW BUSINESS: 11. INFORMAL STATUS REPORTS: CLEAN-UP WEEK UPDATE: Ms. Dacy presented a short video on the Clean-Up Week kickoff. She stated that there were fifteen to twenty volunteers who helped homeowners move brush to the curb for collection. Ms. Dacy stated that there has been an overwhelming response �or � appliance pickup and over 1,200 appliances will be collected. She stated that there is a handout for other disposal options, and this can be made available to residents. Ms. Dacy stated that ACCAP was scheduled to collect a number of useable household items. She stated that they have arranged for additional trucks and will make up to two hundred stops; however, they are unable to continue to schedule any additional collections. She stated that they may be able to conduct additional collections in November. Ms. Dacy stated that they are in the process of recruiting addi- tional volunteers to assist persons in getting items to the curb. Ms. Dacy stated that after the first day of brush pickup the crews are a little behind. She stated that the monitoring crews report that the contractor is doing a good job of cleaning up after the brush is removed. She stated that there is a handout advising people where they can take trees and shrubs if they were unable to get their brush out in time. Councilman Schneider asked when the recycling center was open, as this was not clear to him. � Ms. Dacy stated that the recycling hours are the same as usual and will be open this weekend. She stated that the yard waste site will also be open to accept grass clippings and yard waste. L _J FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1995 PAGE 8 Councilwoman Bolkcom stated that there will be a party at Columbia Arena on Saturday evening starting at 7:00 p.m. to celebrate the clean-up, She stated that volunteers will eat free and this is another incentive to volunteer. Mr. Eisenzimmer asked where small branches and twigs that are shorter than two feet can be disposed of. Ms. Dacy stated that the contractor will take some of the smaller items. 5he stated that the concern is for items larqer than were outlined in the brochure. Mr. Eisenzimmer asked where concrete and asphalt could be taken. Ms. Dacy stated that concrete and asphalt can be dropped off at Columbia Arena on Saturday. Ms. Dacy stated that scrap wood cannot be picked up at the curb but should be taken to the drop off site at Columbia Arena on Saturday morning. Mr. Burns, City Manager, stated that there are several items to be discussed informally after this meeting and they are: location of the commemorative memorial; re-naming of two softball fields for , John Gargaro; of budget adjustments; review of a Water Conservation Plan; reView Flood Hazard Conservation Grant; and assessment for the storm water line on 64th Avenue. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meting of the Fridley City Council of September 11, 1995 adjourned at 8:30 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council � William S. Nee Mayor