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03/06/1995 - 00001150� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 6, 1995 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Pro Tem Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT MEMBERS ABSENT Mayor Pro Tem Schneider, Councilwoman Jorgenson Councilman Billings, and Councilwoman Bolkcom Mayor Nee Mayor Pro Tem Schneider stated that Mayor Nee is recuperating after breaking several bones in his leg and will be back in several weeks. CERTIFICATE OF APPRECIATION: MARY JANE SCHREINER, PARKS & RECREATION COMMISSION: Mayor Pro Tem Schneider stated that the City has several commis- sions and residents who serve on a volunteer basis making recom- mendations to Council in the area of their specialty. Mayor Pro Tem Schneider stated that Mary Jane Schreiner has served a number of years on the Parks and Recreation Commission, and he was pleased to present her with this certificate of appreciation for her services on the Commission from April, 1982 to January, 1995. Ms. Schreiner stated that she was proud to serve on the Parks and Recreation Commission, and the City is fortunate to have Jack Kirk, Director of Recreation and Natural Resources, on its staff. She stated that the Commission looked to him for input, both pro and con, so that they could best serve the residents. She stated that the Commission has submitted many recommendations which the Council has not always agreed with, but she was happy that the little brick structure in Riverview Heights Park would not be removed. Ms. Schreiner stated that she now lives in New Brighton, and that is the reason she left the Commission. She stated that she hoped to get involved with the Parks and Recreation Commission in Neu� Brighton. FRIDLEY CITY COUNCIL MEETING OF MARCH 6, 1995 PAGE 2 � PROCLAMATION: VOLUNTEERS OF AMERICA WEEK, MARCH 5 THROUGH 12, 1995: Mr. Burns, City Manager, read this proclamation outlining the services and programs of the Volunteers of America and declared the week of March 5 through 12, 1995 as Volunteers of America Week. Since no one was present to receive this proclamation, Mayor Pro Tem asked that it be forwarded to the appropriate personsa APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY 27. 1995: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: Mr. Burns, City Manager, briefly reviewed each item on the consent agenda. � Councilman Schneider requested that the livestock license for the Fridley '49ers (C-R Pets) be removed from the consent agenda. 1. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST, SAV #94-04, BY CEANN HALUPTZOKI (WARD 2): Mr. Burns stated that this is a first reading of an ordinance to vacate a portion of a drainage and utility easement at 7580 Brigadoon Place. He stated that there was an encroachment of a garage by six inches into this easement. The owner has agreed to sign a hold harmless agreement with the City. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 2. ESTABLISH A PUBLIC HEARING FOR MARCH 20. 1995, FOR THE ESTA- BLISHMENT OF A SPECIAL TAXING DISTRICT FOR THE HARRIS POND TREATMENT PR�GRAM (WARD 2): Mr. Burns stated that the residents abutting Harris Pond have been submitting annual requests for weed and algae treatment, � and it has been suggested that a program be established for this to be done automatically. He stated that if there is not a petition from 100 percent of the property owners, a public hearing must be held on March 20, 1995. He stated that if 100 � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 6. 1995 PAGE 3 C�3 � 5 percent of the property owners agree, a public hearing will not be necessary. He stated that both the City and the property owners would share in the cost; $3,000 for the City and $3,000 for the property ownerso He stated that weed treatment would occur every four years and algae treatment each year. SET PUBLIC HEARING FOR MARCH 20, 1995. APPOINTMENT: CITY EMPLOYEE: Mr. Burns recommended Kurt Jensen-Schneider for appointment as Planning Assistant, Code Enforcement Officer, to replace Steven Barg. He stated that Kurt graduated from St. Cloud State University and has worked as an intern for the City of Fridley, as well as for the City of Becker and St. Cloud State University. APPROVED. CLAIMS: APPROVED - NOS. 60560 through 60701e LICENSES: APPROVED, WITH THE EXCEPTION OF THE LZVESTOCK LICENSE FOR THE FRIDLEY '49ERS (C-R PETS) WHICH WAS PLACED ON THE REGULAR AGENDA. There were no comments from the audience regarding the proposed consent agenda items. MOTION by Councilwoman Jorgenson to approve the consent agenda items, with the exception of the livestock license for the Fridley '49ers (C-R Pets). Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Bolkcom to adopt the agenda as submitted with the addition of the livestock license for the Fridley '49ers (C-R Pets). Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. FRIDLEY CITY COUNCIL MEETING OF MARCH 6, 1995 PAGE 4 � OLD BUSINESS• 6. VARIANCE REpUEST, VAR #95-01, BY EQUITY DEVELOPERS, INC., TO REDUCE THE REOUIRED LOT AREA FROM 32,670 SOUARE FEET TO 23,000 SOUARE FEET, GENERALLY LOCATED AT 970 OSBORNE ROAD N.E. {WARD 2) (TABLED FEBRUARY 13, 1995): Mayor Pro Tem Schneider removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the required lot area from 32,67o square feet to 23,000 square feet in an M-1 zoning district. He stated that there is C-2 zoning to the east and M-1 zoning to the south and west of this parcel. Mr. Hickok presented the history of this parcel. He stated that in Suly, 1962, Nagel's Woodlands was plated, and the subject parcel, which includes Outlot 1, is a composite of what appears to be three small parcels. He stated that in 1988, RMS purchased Outlot 1 and in June, 1988, a demoli-tion permit was issued to remove an old home on this outlot. Mr. Hickok stated that in November, 1989, a variance was approved for RMS Company to increase the lot coverage and reduce the hard surface setback in order to allow for expansion of the existing building. He stated that a � rezoning request was approved in December, 1990 to rezone from C- 2 to M-1 to allow for expansion of the building by RMS which never occurred. Mr. Hickok stated that RMS Company sold their building at 980 Osborne Road to Premier Industries in 1993. He stated that in January, 1995 there was a request for a variance for a landscaping business. The plan was missing many essential details, and the developer was contacted to submit a more detailed plan. He stated that on January 23, 1995, the Council tabled action on this item to determine how the hardship was created. He stated that the hardship was created when the property was sold to Premier Industries, but the small parcel was not sold. Mayor Pro Tem Schneider stated that the hardship was created because the two parcels were not combined. Mr. Hickok stated that an alternative solution would be to rezone the property back to C-2. He stated that the minimum lot require- ment for a C-2 zone is 20,000 square feet, and this site exceeds the minimum lot area for a C-2 zoning district. He stated that the owner has agreed this parcel should be marketed as a commercial site rather than an industrial site. � Mr. Hickok stated that Council's options regarding the variance request are: (1) approve the variance with the stipulations recom- mended by the Appeals Commission; (2) deny the variance which would prohibit development of the parcel; or (3) table final action on � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 6, 1995 PAGE 5 the variance request until the petitioner successfully rezones the property at which time the petitioner should withdraw the variance request. He stated that staff would recommend the third option, as the petitioner is willing to file a rezoning request and would withdraw the variance request. MOTION by Councilman Billings to table this variance request, VAR #95-01, and direct staff to bring it back to the Council at their discretion. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. NEW BUSINESS• 7. RESOLUTION NO. 20-1995 AUTHORIZING FUNDING OF PROJECT SAFETY NET• Mr. Sallman, Public Safety Director, stated that Project Safety Net is a combined effort of Kevin Thomas, Outreach Worker in the Police Department and Debi Campobasso, Program Specialist in the Recrea- tion Department. He stated that in researching what could be done with curfew violators, it was felt �hat this program combined with an activity program for youth in the evenings would help get youth off the streets. Mr. Sallman stated that those youth in violation of the curfew law would be dropped off at the centero Workers would contact the parents or guardians, and at the same time, have a consultation with the parents why the youth are out late at night. He stated that in addition to the curfew violation component of Project Safety Net, the program would provide positive recreation opportu- nities for youth ages fourteen to eighteen on weekend evenings. He stated that these activities would be supervised by outreach workers to try to keep youths off the street at night and to keep them from getting into trouble or becoming victims. Councilwoman Jorgenson stated she was glad the ages of youth could use the drop in center was addressed, as she had several calls regarding the age limit. Councilwoman Bolkcom stated that the idea is to begin with a small program and, at some point, the program could be expanded if it is successful. Mr. Sallman stated that this would be a trial program, and he hoped to build on its success. He stated that if it is successful, there are a lot of options. Mayor Pro Tem Schneider asked if there would be some publicity regarding the program. Mr. Sallman stated that the Police Department is reviewing a change in curfew laws. He stated that residents will be notified of the FRIDLEY CITY COUNCIL MEETING OF MARCH 6, 1995 PAGE 6 � curfew and violators would be picked up by police officers. He stated that they would post notices at schools so that the youth would be made aware of the curfew and recreational activities that are held on the weekendse Councilwoman Jorgenson stated she remembered in her teen years that a whistle would sound when youth had to be off the streets. Mr. Sallman stated that this was discussed at a crime watch mee- ting, and it would probably be done, Mayor Pro Tem Schneider stated that he and Councilwoman Bolkcom discussed this program on cable television, and it sounds exciting. He stated that staff deserves credit for organizing this program. MOTION by Councilwoman Bolkcom to adopt Resolution No. 20-1995. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 5. LICENSES° LIVESTOCK LICENSE - FRIDLEY '49ERS (C-R PETS L � MOTION by Councilwoman Bolkcom to approve the livestock license for the Fridley °49ers (C-R Pets), Seconded by Councilman Billings. Councilman Billings stated that, apparently, some members of the Council still have questions on this license so until these issues can be resolved, he moved the following: MOTION by Councilman Billings to table this livestock license for the Fridley '49ers (C-R Pets)e Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mayor Pro Tem Schneider stated that he has a concern about the welfare of the animals, and he did not know if there is any further information that would change his mind. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there are three items to be discussed informally after this meeting: (1) collection of plastics as part of the City's recycling program; (2) proposal for Stonybrook Creek improvements; and (3) a plan for the improvement of Old Central Avenue. Mr. Burns stated that staff has a meeting � with Anoka County on March 2D, 1995. I-Ie felt it would be appropriate to determine what improvements should be addressed in regard to Old Central Avenue before this meeting. � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 6 1995 PAGE 7 Ms. Dacy, Community Development Director, stated that Council and the Housing and Redevelopment Authority are sponsoring five focus groups whose purpose is to find ways to improve housing and promote rehabilitation programs in Fridley neighborhoods. She stated that the first meeting will be for the Hyde Park neighborhood, and Beisswinger's Hardware has agreed to provide gift certificates for residents involved in these neighborhood meetings. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 6, 1995 adjourned at 8:08 p.m Respectfully submitted, Carole Haddad Secretary to the City Council Dennis L. Schneider Mayor Pro Tem