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06/14/2004 - 00026389CITY OF FRIDLEY CITY COUNCIL MEETING JUNE 14, 2004 The regular meeting of the City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilimember Billings and Councilmember Bolkcom MEMBERS ABSENT: Councilmember Wolfe OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Fritz Knaak, City Attorney Rebecca Brazys, Recording Secretary Representative Connie Bernardy Representative Char Samuelson Representative Barb Goodwin Senator pon Betzold LEGISLATIVE UPDATE: Representatives Bernardy, Samuelson and Goodwin, and Senator Betzold brought the Council up to date on the status of State legislation. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council meeting of May 24, 2004 APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of May 19, 2004. RECEIVED. FRIDLEY CITY COUNCIL, JUNE 14, 2004 Paqe 2 of 6 2. Variance Request, VAR #04-05, by Gary Peterson and Michael Jackson, to Reduce the South Side Yard Setback from 5 Feet to 3.34 Feet to Allow the Construction of a Building Addition, to Reduce the North Side Yard Setback from 5 Feet to 3.34 Feet to Recognize a Pre-Existing Non- Conformity, and to Reduce the Front Yard Setback from 35 Feet to 31.6 Feet to Recognize a Pre-Existing Non-Conformity, Generally Located at 7865-7869 Beech Street N.E. (Ward 3). Dr. Burns, City Manager, stated the first and third variances will recognize pre-existing non-conformities. The second variance allows for the construction of a 10' x 68' building addition which will be used for storage. The Appeals Commission approved these variances with seven stipulations by unanimous vote at their May 12, 2004, meeting. Staff recommends Council's approval. APPROVED VARIANCE REQUEST, VAR #04-05, WITH THE FOLLOWING SEVEN STIPULATIONS: 1. THE PETITIONER SHALL OBTAIN ANY REQUIRED PERMIT PRIOR TO THE START OF CONSTRUCTION. 2. LANDSCAPE PLAN TO BE SUBMITTED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT. 3. NO OUTDOOR STORAGE OF EQUIPMENT OR MATERIALS IS PERMITTED WITHOUT FIRST OBTAINING A SPECIAL USE PERMIT. 4. PETITIONER TO COMPLY WITH ALL BUILDING, ZONING AND FIRE CODE REQUIREMENTS. 5. BUILDING TO BE SPRINKLED AS PER STATE BUILDING CODE, CHAPTER 1306. 6. GRADING AND DRAINAGE PLAN TO BE SUBMITTED AND APPROVED BY CITY ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT. 7. ADDITION TO BE ARCHITECTURALLY COMPATIBLE WITH THE EXISTING BUILDING AND FINISHED WITH COMPLEMENTARY SIDING AND COLOR SCHEME. 3. Special Use Permit Request, SP #04-04, by Gary Peterson, to Increase the Lot Coverage Requirement from 40 Percent to 48 Percent, to Allow the Construction of a Building Addition, Generally Located at 7865-7869 Beech Street N.E. (Ward 3). Dr. Burns, City Manager, stated the 10' x 68' building addition included in Var #04-05, raises the lot coverage from the allowable 40% to 48%. The Planning Commission approved this request at their May 19 meeting. Staff recommends Council's approval. APPROVED SPECIAL USE PERMIT REQUEST, SP #04-04, WITH THE FOLLOWING SEVEN STIPULATIONS: FRIDLEY CITY COUNCIL, JUNE 14, 2004 Paqe 3 of 6 1. THE PETITIONER SHALL OBTAIN ANY REQUIRED PERMIT PRIOR TO THE START OF CONSTRUCTION. 2. LANDSCAPE PLAN TO BE SUBMITTED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT. 3. NO OUTDOOR STORAGE OF EQUIPMENT OR MATERIALS IS PERMITTED WITHOUT FIRST OBTAINING A SPECIAL USE PERMIT. 4. PETITIONER TO COMPLY WITH ALL BUILDING, ZONING AND FIRE CODE REQUIREMENTS. 5. BUILDING TO BE SPRINKLED AS PER STATE BUILDING CODE, CHAPTER 1306. 6. GRADING AND DRAINAGE PLAN TO BE SUBMITTED AND APPROVED BY CITY ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT. 7. ADDITION TO BE ARCHITECTURALLY COMPATIBLE WITH THE EXISTING BUILDING AND FINISHED WITH COMPLEMENTARY SIDING AND COLOR SCHEME. 4. Approve 2004 Agreement for Residential Recycling Program between the City of Fridley and County of Anoka. Dr. Burns, City Manager, stated under the agreement, the City will receive up to $61,377.92 in State SCORE funds from Anoka County to subsidize the cost of 2004 residential recycling expenses. The City will also receive $18,248.45 in unspent 2003 SCORE funds, which the County allowed Fridley to carry over into this year. The agreement sets up tonnage requirements, reporting requirements, and other general provisions for administering the program. Other than the numbers relative to funding there are no language changes in this agreement. Staff recommends Council's approval. APPROVED 2004 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA. 5. Resolution No. 2004-33 Designating Polling Places for the 2004 Primary and General Elections. Dr. Burns, City Manager, stated staff is proposing the same polling locations used in 2002. These locations are listed on the City's website. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004.33. 6. Appointment to Environmental Quality and Energy Commission. Dr. Burns, City Manager, stated Council met with Paul Westby and determined they wanted to appoint him to the Environmental Quality and Energy Commission. FRIDLEY CITY COUNCIL, JUNE 14, 2004 Paqe 4 of 6 APPOINTED PAUL WESTBY TO THE FRIDLEY ENVIRONMENTAL QUALITY AND ENERGY COMMISSION. 7. Appointment — City Employee. Dr. Burns, City Manager, said staff recommended the appointment of Brandon O'Mara to the vacant Public Services Worker-Streets position. Brandon worked as a seasonal parks maintenance employee in 2003 and has also operated his own lawn care and snow removal business. Staff recommends Council's approval. APPOINTED BRANDON O'MARA TO THE PUBLIC SERVICES WORKER-STREETS POSITION. 8. Claims. APPROVED CLAIM NOS. 116731 THROUGH 117026. 9. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 10. Estimates. APPROVED THE FOLLOWING ESTIMATES: Ron Kassa Construction, Inc. 6005 — 250t" East Elko, MN 55020 2004 Miscellaneous Concrete Repair Project No. 355 Estimate No. 1 $17,087.08 Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 2004 Street Improvement Project No. ST. 2004 — 1 Estimate No. 1 $58,703.97 Magnum Company LLC 7309 Lake Drive Lino Lakes, MN 55014 Woodside Court Improvement Project No. ST. 2004 — 2 Estimate No. 1 $22,783.50 FRIDLEY CITY COUNCIL, JUNE 14, 2004 Paqe 5 of 6 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to approve the proposed consent agenda. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette, seconded by Councilmember Billings, to adopt the agenda as presented. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund announced that the second reading of the Charter amendment relating to utilities fees had been postponed until the June 28 Council meeting. The matter could not be acted upon at tonight's meeting because a 5-0 vote was required and only 4 councilmembers were present. OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 minutes. Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., complained about loud car radios on Mississippi Street. Mayor Lund suggested Mr. Eisenzimmer try and get a license plate number. Mr. Don Anderson, 7304 West Circle, expressed his opposition to a$100 traffic ticket he received while riding his bicycle on the sidewalk along East River Road. Mr. Eisenzimmer stated the City Newsletter article about the rate increases for the water bills referred only to the 1.8% increase and did not mention the 2.8% increase last year. NEW BUSINESS: 11. Informal Status Reports Council discussed the upcoming Fridley `49er Days activities and encouraged attendance and participation. ADJOURNMENT: MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to adjourn. FRIDLEY CITY COUNCIL, JUNE 14, 2004 Paqe 6 of 6 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:20 PM. Respectfully submitted by, Rebecca Brazys Recording Secretary ������ Scott J. Lund Mayor