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10/05/1998 - 4831� r � FRIDLEY CITY COIINCIL MEETING una Fwa�r ATTENDENCE SHEET Mavtday, Oc.tabeh. 5, 1998 . 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER � � FRIDLEY CITY COUNCIL MEETING OF cmroF OCTOBER 5, 1998 fRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or ' employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, ' disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, � accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TT'D/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Cities Week: October 5- 11, 1998 APPROVAL OF MINUTES: City Council Meeting of September 28, 1998 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #98-02, by Roslyn Park Wesleyan Church) (Ward 1) .............................................. 1.01 - 1.02 . . CRY OF FRIDLEY �7 ���� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 5, 1998 ., The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Cities Week: October 5- 11, 1998 ���FtOi/AL OF iViiFiui'�S: City Council Meeting of September 28, 1998 �"�/�� C�-�..�.{,� ,� .• � GL G2.��._ APPROVAL OF PROPOSED CONSENT AGENDA• — OLD BUSINESS: Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #98-02, by Roslyn �f�i A��3� �f� G�� �-�--e.-. C'���� � . �� . r Q� �`-�.�� Park Wesleyan Church) (Ward 1) 1:01 - 1.02 .............................................. /� . - - FRIDLEY CITY COUNCIL MEETING OF APPROVAL OFPROPOSED CONSENT AGENDA: OLD BUSINESS (CONTINUED): 1998 Resolution Approving a Vacation, �� SAV #98-02, Generally Located � at 5300 Sixth Street N.E. (By Roslyn Park Wesleyan Church) (Ward 1) (Tabled September 14, 1998) .................................................... 2.01 - 2.04 U�� NEW BUSINESS: Claims....................................................................................... 3.01 U"� Licenses.................................................................................... 4.01 - 4.02 Estimates................................. ................................................ 5.01 ADOPTION OF AGENDA: �a�,�� � � OPEN FORUM. VISITORS: �� .` QGi.-- Consideration of Items Not on Agenda (95 minutes). ��� Informal Status Reports ....................................................................... 6.01 ADJOURN. ��% � — � ����a�� i�' � �4.� THE MINUTES OF THE REGULAR MEETTNG OF TAE FRTDLEY CITY COUNCIL OF SEPTEMBER 28, 1998 The Regular Meeting of the Fridiey City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGiANCE: Mayor Jorgenson led the Council and audience in the Pledje of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Schneider and Councilmember Bolkcom MEMBER ABSENT: None PROCLAMATIONS: Student Foreign Exchan�e Week: Sentember 28 - October 4, 1998: Mayor Jorgenson read three proclamations honoring Foreign Exchange Student Rafaei Collantes from Chile, Foreign Exchange Student Sabine Holm from Germany, and Foreign Exchange Student Thanasin Tanompongphandh from Thailand. Each student was invited to the podium to give a brief statement about their country, their family, and their host family. At that time, Mayor Jorgenson presented each of them with a plaque. On behalf of the City Council she welcomed them to Fridley, Minnesota. Fire Prevention Week: October 4- 10, 1998: Mayor Jorgenson read a proclamation designating the week of October 4- 10, 1998 as Fire Prevention Week in the City of Fridley. Mr. Richard Larson, Deputy Fire Chief, was present to accept the proclamation. He noted that the Fire Training Center will be open on October 3, 1998 and that the public is invited to visit to view the community's fire fighting equipment, meet the firefighters and other members of the City's Public Safety Division. Refreshments will be provided. Minnesota M�nuf�cturer Week: October 12 - 16, 1998: Mayor Jorgenson read a proclamation designating the week of October 12 - 16, 1998 as Minnesota Manufacturer Week in the City of Fridley. Domestic Violence Awareness Month: October 1998: � Mayor Jorgenson read a proclamation designating the month of October as Domestic Violence Awareness Month in the City of Fridley. 0 CITY COUNCiL MEETING OF SE�PTEMBER 28, 1998 PAGE 2 PRESENTATTON: Mr. Don Helmstetter, Superintendent of Independent School District No. 16, and Mr. Larry Martini, Director of Fiscal and Human Resources for Independent School District No. 16, were present to provide the City Council and the public with information about the upcoming excess levy referendum for Independent School District No. 16 which will be held on November 3, 1998. It was noted that the levy would cost the average homeowner approximately $9.07 per month. However, with the tax credits that the legislature passed this past session, it would likely result in a tax decease. The additional monies would be used to help address the deficit, stop the reduction of staff, stop the erosion of student programs, and keep class sizes down. Councilmember Bolkcom asked if the school district has experienced any organized opposition to the proposed levy. Mr. Helmstetter stated that a hotline has been set up to address many of the questions posed by residents. He noted that most parents are aware of the levy referendum; however, they are working actively to get additional information out to all parents via mail and expect to have the information out in the very near future. APPROVAL OF NIiNUTES: CiTY COUNCiL MEETiNG - SEPTEMBER 14 1998• MOTION by Councilmember Bolkcom to approve the minutes of the September 14, 1998 City Council Meeting as presented in writinb. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL NIEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRtED UNANiMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSiNESS: 1. ORDiNANCE NO. 1117 RECODiFYiNG THE FRiLLY CITY CODE CAAPTER 205, ENTiTLED "ZONTNG" BY AMENDiNG NEW SECTION 205 29, "0-5 TELECOMMUNiCATIONS TOWERS AND FACiI.,iTiES DtSTRICT" TO REGULATE AUTOMATIC METER READiNG SYSTEMS BY AMENDiNG THE THTRD "WHEREAS," AND BY AMENDTNG SECTIONS 205 29 01. 205 29 02, 205.29.03. 205.29.05, 205.29.07, 205.29.19. 205 29 22. 205 29 23 AND BY AMENDTNG SECT�ON 11.10, FEES (ZONING TEXT AMENDMENT, ZTA #98 01, BY CELLNET DATA SERVECES (MSP, INC )• and ADOPT ORDiNANCE TO PUBLiSH OFFTCiAL TiTLE AND SUMMARY: Mr. Burns, City Manager, explained that this ordinance establishes the conditions under which automated meter reading devices may be attached to utility po(es. It amends Section 205.29 and Section 11.10 of the Fridley City Code dealing with telecommunications towers and facilitates and fees. These amendments define automated � CITY COUNCIL MEETTNG OF SEPTEMBER 28 1998 PAGE 3 meter reading devices, describe a permitting process, and identify standards for their installation. The City Council held a public hearing and approved the first reading of this ordinance at their September 14 meeting. Staff recommended the approval of the second reading and approval of the title of the publication by official title and summary. APPROVED SECOND READING OF ORDINANCE NO. 1117 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING" BY ANIENDING NEW SECTION 205.29, "0-5 TELECOMMUNICATIONS TOWERS AND FACILITIES DiSTRICT" TO REGULATE AUTOMATIC METER READING SYSTENIS BY ANIENDING THE THIRD "WHEREAS," AND BY AMENDING SECTIONS 205.29.01, 205.29.02, 205Z9.03, 205.29.05, 205.29.07, 205.29.19, 205.29.22, 205.29.23 AND BY AMENDING SECTION 11.10, FEES (ZONING TEXT AMENDMENT, ZTA #98-01, BY CELLNET DATA SERVICES (MSP, INC.) AND APPROVED TITLE OF THE PUBLiCATION BY OFFICIAL TITLE AND SUMMARY. 2. ORDiNANCE RECODiFYiNG THE FRTDLEY CiTY CODE, CHAPTER 205, ENTITLED "ZONiNG", BY ADDiNG NEW SECTiON 205 25, "S-3, HEAVY INDUSTRTAL, ONAWAY ADDITiON DTSTRiCT", TO RE-NUMBER REMAiNiNG SECTiONS (N THE ZONING CODE; TO AMEND SECTiON 205.18,03A; AND TO MAKE A CHANGE iN THE ZONTNG DiSTRiCTS; �nd ADOPT ORDiNANCE TO PUBLISH OFFiCIAL TITLE AND SUMMARY: , Mr. Burns, City Manager, explained that legislation was drafted to address the issue of small, non-conforming industrial lots that were created in the area bounded by the Burlington Northern Railroad Tracks, Main Street, 79th Way and 77th Avenue in the 1960s and 1970s. In order to address these problems, a special district, encompassing all but two of the lots in this area has been created. The requirements of the new district replace the requirements of the M-2 zoning code. The new language will reduce the required lot sizes from 1.5 acres to 10,000 square feet. It also reduces setback requirements to conform with the setbacks of existing buildings in this area. In addition, the minimum lot size for the M-2 district has been reduced from 1.5 acres to 62,000 square feet. The combination of the changes reduces the number of non-conforming properties in this area from 54 to 4. The four non-conforming lots are confined to a small area along 77th Avenue. The first reading of this ordinance was approve at the Council's September 14 meeting. Staf� recommends approval of the second reading and seeks authorization to publish the ordinance by of�icial title and summary. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGE1vDA, IMMEDIATELY FOLLOWING ITEM 19. NEW BUSiNESS: 3. APPROVE REViSED JOi1vT POWERS AGREEMENT BETWEEN TRE CITY OF FRTDLEY AND THE COUNTY OF ANOKA FOR THE iMPROVEMENT OF CITY COUNCiL MEETING OF SEPTEMBER 28, 1998 _ PAGE 4 COUNTY STATE AiD HIGHWAY NO. 35 (CENTRAL AVENUE FROM TRUNK ` HTGAWAY 65 TO SiST AVENUE )(CENTRAL AVENUE IMPROVEMENT _ PROJECT NO. ST. 1998-4): Mr. Burns, City Manager, stated that this is the second revision to this Joint Powers Agreement. This revision will accommodate a request by Onan to install a new driveway and water and sewer services for a proposed warehouse project to be constructed south of their existing facilities. It also accommodates a$100,000 math error in the County's calculation of Fridley's costs that was included in the last agreement. These changes will bring the City's total costs from $594,438 to $744,307. These costs are expected to be paid for from a combination of assessments and state aid off-system funding. APPROVED REVISED JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA FOR TAE IMPROVEMENT OF COUNTY STATE AiD HIGHWAY NO. 35 (CENTRAL AVENUE FROM TRUNK HIGHWAY 65 TO 81ST AVENUE) (CENTRAL AVENUE IMPROVEMENT PROJECT NO. ST. 1998-4). 4. MOTION TO APPROVE THE 1998-99 S1vOW REMOVAL PLAN FOR THE CiTY OF FRTDLEY: Mr. Burns, City Manager, stated that at the suggestion of the League of Minnesota Cities, staf� submitted the 1998-99 snow removal plan for Council approval. The plan is the same as last year's plan with the exception that it provides for contractual plowing in the south industrial areas. APPROVED TNE 1998-99 SNOW REMOVAL PLAN FOR THE CITY OF FRIDLEY. 5. APPROVE CHANGE ORDER NO. 1 TO THE FRTDLEY COMMUNITY CENTER LOWER LEVEL, PROJECT NO. 319: Mr. Burns, City Manager, stated that staff is requesting a change order in the amount of $8,154, which would cover the following items: 1) plumbing revisions associated with a drinking fountain and mop basin. $1,523. 2) painting the open ceiling area above the wood grid ceiling $1,785. , 3) new gas line, intake, exhaust venting, and dampers associated with the instailation of the fireplace. $4,846. The change order would bring the total project cost to $241,221. The original estimated cost was $278,209. APPROVED CHANGE ORDER NO. 1 TO THE FRIDLEY COMMUNITY CENTER LOWER LEVEL, PROJECT NO. 319, BY CRAWFORD-MERZ CONSTRUCTION COMPANY IN THE AMOUNT OF $8,154. � Y � CITY COUNCiL MEETiNG OF SEPTEMBER 28, 1998 PAGE 5 , 6. APPROVE PUBLiC SCHOOL iNSPECTiON AGREEMENT BETWEEN TAE CiTY OF FRTDL_E_Y AND THE STATE OF MiNNESOTA DEPARTMENT OF PUBLiC SAFETY - FIRE MARSHAL DiViSION: Mr. Burns, City Manager, stated that renewal of this agreement would allow the Fire Department to continue to do annual fire inspections in the public schools. The agreement would remain in effect to the year 2001. APPROVE PUBLIC SCHOOL INSPECTION AGREEMENT BETWEEN THE CITY OF FRiDLEY AND THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY - FIRE MARSHAL D1ViSiON. 7. RESOLUTiON NO. 60-1998 APPOiNTiNG ELECTiON JUDGES FOR THE 1998 GENERAL ELECTiON: Mr. Burns, City Mana;er, stated that stafi is recommending the appointment of the individuals listed on Pa�e 7.02 of the agenda. The judges will be paid at a rate of $7.00 per hour for regular judges and $7.50 per hour for the Chairman of the Election Board. APPROVED AND ADOPTED RESOLUTION NO. 60-1998 APPOINTING ELECTION JUDGES FOR THE 1998 GENERAL ELECTION. 8. RESOLUTION NO. 61-1998 PROViDiNG FOR THE TSSUANCE AND SALE OF $4,185,000 iN TAXABLE GENERAL OBLiGATION TAX iNCREMENT BONDS, SERIES 1998B: Mr. Burns, City Manager, explained that these bonds are being issued to provide permanent financing for the acquisition of the "Lake Pointe" property in December 1992. They will replace temporary bond financing that matures on November l, 1998. Sealed bids for the bonds were opened on September 28. Three institutions submitted bids, with the best bid being provided by Norwest at a rate of 5.63 percent. APPROVED AND ADOPTED RESOLUTiON NO. 61-1998 PROVIDING FOR THE ISSUANCE AND SALE OF $4,185,000 IN TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1998B. 9. RESOLUTiON NO. G2-1998 FOR HEARiNG ON PROPOSED ASSESSMENT FOR HACKMANN AVENUE/HACKMANN CiRCLE IMPROVEMENT PROJECT NO. ST. 1998-I: Mr. Burns, City Manajer, stated that the notice for the assessment hearing would be printed in Focus News on October 1 and October 8, 1998. The hearing would be held on October 19, 1998. ADOPTED RESOLUTiON NO. 62-1998 ESTABLISHING A HEARING Ol� PROPOSED ASSESSMENT FOR HACKMANN AVENUE/HACKMANN CIRCLE TMPROVEMENT PROJECT NO. ST. 1999-1. CITY COUNCiL MEETTNG OF SEPTEMBER 28, 1998 PAGE 6 10. RESOLUTiON NO. 63-1998 DECLARiNG COST TO BE ASSESSED AND � ORDERiNG PREPARATTON OF PROPOSED ASSESSMENT FOR HACKMANN _ AVENUE/I�ACKMANN CTRCLE IMPROVENiENT PROJECT NO. ST. 1998-1: Mr. Burns, City Manager, expiained that the final cost for this project was $501,131.34. Of this amount, $58,753.50 will be assessed to 59 property owners at a cost of $11.50 per foot. ADOPTED RESOLUTION NO. G3-1998, DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR HACKMANN AVENUE/I-IACKIVIANN CIRCLE IMPROVEMENT PROJECT NO. ST. 1998-1. 11. RESOLUTiON NO. 64-1998 FOR HEARTNG ON PROPOSED ASSESSMENT FOR RiCE CREEK BANK STABiLiZATiON PROJECT NO. 309: Mr. Burns, City Manager, stated that the notice of this hearing will appear in the October 1 and the October 8, 1998 issues of Focus News. The hearing on these assessments is scheduled for October 19, 1998. ADOPTED RESOLUT�ON NO. G4-1998, FOR HEARING ON PROPOSED ASSESSMENT FOR RICE CREEK BANK STABILIZATION PROJECT NO. 309. 12. RESOLUT(ON NO. GS-1998 DECLARiNG COS'1' TO BE ASSESSED AND ORDERTNG PREPARATiOIV OF PROPOSED ASSESSMENT FOR THE RiCE CREEK BANK STABILiZATT01�1 PROJECT NO. 309: Y Mr. Burns, City Manager, noted that the final cost of this project is $246,376.07. Of this amount, � 117,240.50 wiil be reimbursed by the Rice Creek Watershed District. Additionally, $7,200 has been reimbursed by the Anoka County Soil and Water Conservation District. Of the remainder, $57,164.80 will be assessed to twenty-three property owners at the rate of $20.30 per lineal foot. ADOPTED RESOLUTION NO.GS-1998, DECLARTNG COST TO BE ASSESSED AND ORDERTNG PREPARATION OF PROPOSED ASSESSMENT FOR TAE RICE CREEK BANK STABILiZATION PROJECT NO. 309. 13. MOTiON TO APPROVE THE WARDEN OiL TNTERiM FUNDiNG AGREEMENT: Mr. Burns, City Manager, explained that this proposed agreement will provide for , additional financial participation by Fridley in the amount of $3,190.08 as a partner in a li "Potential Responsible Parties" group. The group was formed from among potential ' litigants who have been named by MPCA as entities whose waste oil found its way to the former Warden Oil site in Minneapolis. The City's contribution, along with total _ contributions of $150,000 would be used to hire Barr Engineering to do extensive technical analysis of the site. The original agreement was entered into in October of 1997. The City's initial contribution to the group was $1,066.02. " CITY COUNCiL MEETTNG OF SEPTEMBER 28 1998 PAGE 7 � APPROVED THE WARDEN OIL INTERIM FUNDING AGREEMENT. 14. RESOLUTION NO. 66-1998 APPROViNG SETTLEMENT AND AUTAORiZiNG PAYMENT THEREOF (MPRS)• Mr. Burns, City Mana;er, stated that the attorney for the 36 cities that are involved in the MPRS lawsuit recommended a further settlement. In order to avoid reporting requirements to the District Court for police testing, the City Attorney has arranged a final settlement with the plaintiffs' attorneys. According to the settlement agreement, the cities would provide an additional $15,000. Since Fridley's share of approximately $417 is relative small and the relief is considerable, staff recommended settlement. APPROVED RESOLUTION NO. 6G-1998, APPROVING SETTLEMENT AND AUTHORiZiNG PAYMENT THEREOF (MPRS). 15. APPOTNTMENT: CiTY EMPLOYEE• Mr. Burns, City Manajer, stated that staff recommended the appointment of Paul Bolin to the Planning Assistant position recently vacated by Paul Tatting. Paul has two B.A. Degrees from the University of Minnesota at Duluth in Urban and Regional Planning and Political Science. He has been employed as a Planner by the Arrowhead Regional Development Commission for the past three years and has done related work for the cities _ of Cloquet and Duluth. He has experience in housing studies, land use planning, and has worked with design review ordinance, zoning updates, comprehensive plan updates and � GIS map generation. If appointed to the position, he would being work November 2, " 1998. APPROVED APPOINTMENT OF PAUL BOLIN TO THE POSITION OF PLANNING ASSiSTANT. 16. CLAiMS: APPROVED PAYMENT OF CLAiM NOS. 82880-83129. 17. LiCENSES: APPROVED LICENSES AS LiSTED ON PAGES 17.01 THROUGH 17.0G OF THE COUNCIL AGENDA. 18. ESTiMATES: APPROVED ESTINiATES AS FOLLOWS: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 CITY COUNCTL MEETiNG OF SEPTEMBER 28, 1998 PAGE 8 Services Rendered as City Prosecuting ' Attorney for the Month of June, 1998 $16,817.50 .. Councilmember Billings asked that Item 2 of the Consent Agenda be removed for discussion. MOTION by Councilmember Barnette to approve the Consent Agenda, AS AMENDED. Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRiED UNANINiOUSLY. ADOPTiON OF AGENDA: Mayor Jorgenson asked that Item 2 be placed on the regular agenda under New Business, immediately following Item 19. MOTION by Councilmember Schneider to approve the adoption of the agenda AS AMENDED. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTiNG AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, ViSITORS: Mayor Jorgenson explained that this is the time reserved for residents to address Council on items that are not on the agenda. There were no questions or comments from the public. NEW BUSINESS: 19. VARiANCE REQUEST, VAR #98-26, BY WILLiAM ZBiKOWSKi, TOOLKRAFT, iNC. TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 8 FEET TO ALLOW THE CONSTRUCT�ON OF A 100' x 200' ADDiTION TO AN EXiST1NG iNDUSTRiAL BUTLDiNG. GENERALLY LOCATED AT 7500 COMMERCE LANE N.E. (WARD 3): Mr. Hickok, Planning Coordinator, explained that Mr. Zbikowski, owner of Toolkraft, Inc., requested a 17 foot variance (from 25 feet to 8 feet) to aliow the construction of a 100 foot by 200 foot addition to his industrial facility at 7500 Commerce Lane. The property is zoned M-2, Heavy Industrial, and is surrounded by industrial properties. On September 9, 1998, the Appeals Commission considered the rear yard variance to allow an 8 foot versus 25 foot setback; however, the item was tabled due to the absence of the petitioner. Chairman Kuechle had a question about the property to the west and the relationship to the proposed building. Mr. Hickok presented an aerial diagram to indicate the location of both properties in question. CITY COUNCiL MEETING OF SEPTEMBER 28, 1998 PAGE 9 . In 1990, the City granted a variance from 25 feet to 8 feet for Humberto Martinez at 7786 Beech _ Street N.E. The Appeals Commission recommended approval of this request at their September 23 meeting, with the following stipulations: 1) the building grounds be modified to meet the current minimum landscape requirements; and 2) additional parking stalls be provided to meet code requirements. The precise number of stalls shall be based on the use of the space within the addition. Both of the stipulations were acceptable to the petitioner. MOTION by Councilmember Bolkcom to approve Variance Request, VAR #98-26, with the stipulations as foilows: 1) that the building grounds be modified to meet the current minimum landscape requirements; and 2) that additional parking stalls be provided to meet code rec�uirements. The precise number of stalls shall be based on the use of the space within the addition. Seconded by Councilmember Billin�s. . UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTiON CARRiED UNANIMOUSLY. 2. ORDiNANCE NO. 1118 RECODiFYiNG THE FRIDLEY CTTY CODE, CHAPTER 205, ENTITLED "ZONiNG", BY ADDiNG NEW SECTTON 205 25, "S-3, HEAVY iNDUSTRIAL, ONAWAY ADDiTION DiSTRiCT", TO RE- NUMBER REMAiNiNG SECT(ONS iN THE ZONTNG CODE; TO AMEND SECTION 205.18.03A; AND TO MAKE A CHANGE �N TAE ZONiNG DiSTRiCTS; and ADOPT ORDiNANCE TO PUBLISH OFFICIAL TiTLE AND SUMMARY: Councilmember Billings stated that he believed the intent of the amendment was to have the zoning code match what the City has in practice out in the fieid. If this is the case, it would seem appropriate to reduce the minimum lot requirement in the M-2 district from 1.5 acres to 61,500 square feet, rather than the proposed 62,000 square feet. This would enable one additional property to comply with the code requirements, thereby leaving only one other property non- conforming. Mr. Hickok responded that this would be appropriate. MOTION by Councilmember Barnette to approve the Second Reading of Ordinance No. 1118 and to publish the Official Title and Summary. MOTION by Councilmember Billings to AMEND the Ordinance as follows: 1) Under Section 2, strike "62,000 square feet" and insert "61,500 square feet"; 2) In the third paragraph of Section II of the Official Title and Summary, strike "62,000 square feet" and insert "6,500 sc�uare feet". This would make the minimum lot size 61,500 square feet rather than 62,000 square feet. Seconded by Councilmember Bolkcom. VOTE ON AMENDMENT: UPON A VOiCE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRiED UNANIMOUSLY. VOTE ON ORiGiNAL MOTiON: UPON A VOICE VOTE, ALL VOTING AYE, .- MAYOR JORGENSON DECLARED THE MOTION CARRiED UNANIMOUSLY. CITY COUNCiL MEETTNG OF SEPTEMBER 28, 1998 PAGE 10 20. INFORMAL STATUS REPORTS: 0 Mayor Jorgenson reminded residents of the Fridley Fire Department's annual open house for Fire Prevention Week. It will be held at 300 - 71st Avenue N.E. from 1:00 to 5:00 p.m. She encouraged resident participation. Councilmember Bolkcom stated that she would like to invite all residents to the Fridley Community Center Grand Opening on October 25 from 11:30 a.m. to 3:30 p.m. There will be a number of different activities, including a pancake breakfast put on by the Fridley Lions served from 7:00 a.m. to 1:00 p.m. She encouraged all to attend. Councilmember Billings stated that there will be a presentation on Thursday, October 22 at 7:00 p.m. at the Municipal Center to provide information to the public on the commuter rail that is being discussed. This commuter rail would run from Minneapolis to St. Cloud. If you are unabie to attend, two additional presentations will be held on October 20 in Elk River and on October 27 in Becker. Councilmember Biliin�s asked for a status report on staf�'s meeting with Menard's management in regard to their request for a license for outdoor Christmas tree sales. Mr. Hickok, Planning Coordinator, stated that he met with legal council for Menards on Monday, September 28. They were aware of the stipulations for outdoor sales and display. They would like to locate the Christmas tree sales south of the building, inside the gate which was approved as a sales area by the City under a special use permit. � Councilmember Schneider asked that staff provide periodic reminder notices to Menards of the outdoor sales requirements so that they remain aware of the stipulations. Councilmember Billings asked that staff follow up their meeting with a letter to Menard's management staff, recapping the discussion they had and the agreements. Additionally, Menards should be reminded that failing to abide by the stipulations of the special use permit could result in revocation of the special use permit. MOTION by Councilmember BillinJs to approve the license for the Christmas tree sales for Menards for the 1998-99 season. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Councilmember Schneider to adjourn the meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried CITY COUNCIL MEETiNG OF SEPTEMBER 28, 1998 PAGE i l - unanimously and the Regular Meeting of the Fridley City Council of September 28, 1998 was � adjourned at 8:35 p.m. � Respectfully submitted, Tamara D. Saeflce Nancy J. Jorgenson Recording Secretary Mayor , .� . . C/ / � C,�t�es t�/ieek vctaber S - 11, 1998 WHEREAS, cities are gathering places for neighbors, families and friends, and provide the comerstone for creating and supporting the well-being of our communities; and WHEREAS, after natural disasters ht many of Minnesota's cifies in recent months, citizens, alongside their city officials, banded together to clean up their communities; and WHEREAS, all communities, whether simply growing and changing or dealing with disaster, provide a forum for citizens to reach out to each other, learn from each other, and share ideas and resources; and WHEREAS, citizens' invo/vement in their govemment is essential, from volunteering to serving in public office, to simply understanding and caring about the govemment that is closest to the people; and WHEREAS, Cities Week 1998—Ce/ebrating Caring Communities promotes the value of cities and the role they play in deve/oping communities and our home towns; NOW THEREFORE, BE /T RESOLVED that l, Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby proclaim the week of October 5 through 11, 1998, to be: Cities �eek in Fridley, Minnesofa, and encourage all citizens to become active partners with their City government to build a strong and bright future for all to enjoy. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 5f`' day of October, 1998. NANCY J. JORGENSON, MAYOR MEMORANDUM PLANNING DIVISI�N DATE: September 10, 1998 ,� / �1,�. TO: Wiliiam W. Burns, City Manager� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Second Reading of The Ordinance Rezoning of Property Owned By Roslyn Park Wesleyan Church from R-2 to R-3 On September 2, 1998, the Planning Commission considered a rezoning request by Gary Brewster, Roslyn Park Wesleyan Church. The purpose of their rezoning request is to allow all of the Church property to be zoned consistently, currently, half of the church property is zoned R-2, while the other half is R-3. On September 14, 1998, the City Council approved first reading of the ordinance as recommended. RECOMMENDATION Approve second reading of the attached ordinance and order publication. 1.01 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 11, 12, 13, 14, and15, Block 15, Hamilton's Addition to Mechanicsville, as recorded at the office of the Anoka County Recorder, generally located at the northwest corner of 53`� Avenue NE and 6�' Street. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-2, Two Family Dwelling to R-3, General Multiple Family Dwelling. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 1998. ATTEST: NANCY J. JORGENSON - MAYOR DEBRA A SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: September 14, 1998 September 14, 1998 October 5, 1998 October 15, 1998 r � .� 1.02 � I MEMORANDITM PLANNING DIVISION DATE: September 30, 1998 � � �� TO: William W. Burns, City Manager� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Resolution Approving a Vacation Request, SAV #98-02, by Roslyn Park Wesleyan Church, 5300 6`� Street. On September 2, 1998, the Planning Commission considered a vacation request by Gary Brewster, Roslyn Park Wesleyan Church. The purpose of their request was to vacate an alley that bisects the Church property, thereby allowing the land to be contiguous and to allow the Church to master plan for future expansion. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of vacation request SAV #98- 02, with 11 stipulations. On September 14, 1998, the City Council considered this request and held their decision off until the October 5, 1998, meeting (at the petitioner's request). The petitioner asked that the resolution be re-worded to simplify the recording process at Anoka County. Note the resolution has been re-worded somewhat from the version first reviewed by the City Council. The following changes were made: 1. Stipulation #1 was modified to not be specific to addresses, but instead to keep an easement open for those needing access (new stipulation #2). 2. Stipulation #2 was modified to state that the City will retain an easement for utility purposes (new stipulation #1). 3. Stipulation #3 was eliminated because at such time as the easement defined in new Stipulation #1 is vacated, we will require the replacement easement. 4. Stipulation #4 became new stipulation #3 5. Stipulation #5 became new stipulation #4 2.01 6. Stipulation #6 had no changes •�. 7. Stipulation #7 became stipulation #5 . 8. Stipulation #8 became stipulation #7 and further defined the period of the hold harmless. 9. Stipulation #9 became stipulation #8 10. Stipulation #10 became stipulation #9 11. Stipulation #11 became stipulation #10 The surveyor for the petitioner has spoken with the County Recorder's office and believes that the revised version will be easier (and more economical) to record. Staff has analyzed the changes and has determined that the City is adequately protected with the stipulations as they have now been presented. RECOMMENDED ACTION Concur with the Planning Commission's recommendation to vacate_ a portion of the alley and approve the attached revised resolution. 2.�2 1: RESOLUTION NO. -1998 A RESOLUTION APPROVING A VACATION, SAV # 98-02, GENERALLY LOCATED AT 5300 6T" STREET WHEREAS, the Planning Commission held a public hearing on the vacation, SAV #98-02, On August 19, 1998, and September 2, 1998, and recommended approval to vacate: The alley legally described as: All that part of the alley adjacent to Lots 11,12,13,14,15,16,17,18,19, and 20, Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota. WHEREAS, the City Council held a public hearing at their September 14, 1998 meeting and the petitioner determined he needed additional time; and WHEREAS, the City Council further evaluated and approved the vacation request at their October 5, 1998 meeting; and WHEREAS, the vacation request has been made and processed in conformance with Minnesota State Statutes and pursuant to Section 12.07 of the City Charter and Chapter 205 of the Fridley City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the vacation, SAV #98-02, and authorizes the City Clerk to amend Appendix C of the City Code as follows: That portion of the alley in Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota as described above, be and is hereby vacated with the following stipulations: 1. That the City of Fridley does hereby retain an easement for utility purposes over and across said lands, including the right to enter upon said lands to maintain, repair, replace, remove, or otherwise attend to existing utilities; 2. That the City of Fridley does hereby retain a temporary easement for ingress and egress across said lands, said easement to continue in full force and effect until an access easement has been provided to the City across Lots 20 and 21, Block 15, and an improved surFace constructed within said easement in accordance with a plan to be submitted and approved by the City. 3. The petitioner shall apply for and receive a special use permit prior to expansion of their church facility. 2.03 4. The petitioner shall provide an easement to provide Amoco continued rights across the former alley. 5. The petitioner shall not alter the alley across their property , or in any way limit access by adjacent property owners, until the new access has been completed. 6. The petitioner shall provide the improved asphalt or concrete access to 5�' Street in accordance with a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall hold harmless the City from any damage or injury that occurs during the reconstruction of the alley. 8. The petitioner shall provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. 9. The petitioner shall receive approval for the tuming radius which is to be adequate to handle emergency vehicles. 10. The alley shall be sufficiently labeled to prevent the entrance from being blocked. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5th DAY OF OCTOBER, 1998. Attest: DEBRA A. SKOGEN - CITY CLERK 2.04 NANCY J. JORGENSON - MAYOR � � CiTY OF FRIDLEY CLAIMS OCTOBER 5, 1998 CLAIMS 83130 - 83390 3.01 Y .�► � � � - QTY OF FRIDLEY LICENSES OCTOBER 5, 1998 GAS SERVICES Kraemer Heating Inc 7441 Dallas Court Maple Grove MN 55311 � Rick Kraemer GENERAL CONTRACTOR-COMMERCIAL Stevens Dan Contractor 1949 Collin St Mora Mn 55051 Dan Stevens Stewart Jeremy Contracting 10711 Kumquat St NW Coon Rapids MN 55448 Jeremy Stewart Superior Construction Services 8665 Jefferson Hwy Osseo MN 55376 Randy Hedden GENERAL CONTRACTOR-RESIDENTIAL Abbacare LLC (20122698) 550 Orono Orchard Rd Wayzata MN 55391 Lawrence Nelson Bazoff James A (20129882) 632 Monroe St Anoka MN 55303 James Bazoff Berry Dave Construction Inc (9204) 20625 Co Rd 30 Corcoran MN 55374 David Berry Oakwood Builders (4254) 4061 Granada Ave N Oakdale MN 55128 Robert Minar Phillips Construction Co 4632 Southmore Dr Bloomington MN 55437 Stanley Phillips Rasmussen Construction (20112713) 26525 Lake Ave Zimmerman MN 55398 Robert Rasmussen 4.01 RON JULKOWSKI Building Official RON JULKOWSKI Building Official Same Same STATE OF MINN Same Same Same Same Same Roncor Construction (2337) 10740 Lyndale Ave S STE lOW Bloomington MN 55420 Jeff Sele Stern Scott Construction (5129) 141 Canabury Ct Little Canada MN 55117-1503 Scott Stern Total Home Improvement & Landscaping (20118242) 775 Torchwood Dr New Brighton MN 55112 Jonathan Shun HEATING Kraemer Heating Inc 7441 Dallas Court Maple Grove MN 55311 Rick Kraemer Little Igloo Heating & Air 1502 7 Ave Anoka MN 55303 Don Sufka PLUMBING I.eVahn Bros Inc 12700 Bass Lake Rd Maple Grove MN 55369 Loren LeVahn � 4.02 Same Same Same RON NLKOWSKI Building Official Same STATE OF MINN i �. r � , � � � L GTY OF FRIDLEY Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 ESTI MATES OCTOBER 5, 1998 Services Rendered as City Attorney for the Month of September, 1998 ....................................................... $ 4,250.00 Ron Kassa Construction 7438 Upton Richfield, MN 55423 1998 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 315 EstimateNo. 6 ........................................................................................ $2,752.72 5.01 � � FRIDLEY CITY COUNCIL MEETING OF �oF OCTOBER 5,1998 FRIDLEY INFORMAL STATUS REPORTS