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09/18/1995 - 00001381� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 18, 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 Flaq. ROLL CALL: MEM$ERS PRESENT: MEMBERS ABSENT Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom None Mayor Nee stated that the City Manager, Mr. Burns, is out of town at a conference and will be back later this week. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 11, 1995: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL QF PRQPQ5ED C�NSENT AGENDA: NEW BUSINESS: l. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #95-05, SY KARL AND MARGARET SCHURR FOR MINCO PRODUCTS, 7321 COMMERCE LANE N.E.) (WARD 3): Mr. Pribyl, Acting City Manager, stated that a public hearing was conducted on this rezoning request on September 11, 1995, and there were no comments or concerns from the public. He stated that staff recommends first reading of the ordinance with three stipulations. WAIVED T$E READING AND APPROVED THE ORDINANCE ON FIRST READING WITH THE FOLLOWING STZPULATIONS: (1) A MINOR AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN SHALL BE APPROVED PRIOR TO ISSUANCE OF A BUILDING PERMIT; (2) THE PETITIONER SHALL COMPLY WITH THE COMMENTS IN JON WILCZER�S MEMORANDUM DATED AUGUST 10, 1995 PRIOR TO ISSUANCE OF A BUILDING PERMIT; AND (3) THE PETITIONER SHALL SUBMIT A LANDSCAPE PLAN COMPLYING WITH THE REQUIREMENTS � L J J FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 18, 1995 PAGE 2 QF THE M-l� LIGHT INUIISTRIAL DISTRICT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. 2. 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 REQUEST, SAV #95-03, SY KARL AND MARGARET SCHURR FOR MINCO PRODUCTS, 7321 COMMERCE LANE N.E.1 (WARD 31: 3. � Mr. Pribyl, Acting City Manager, stated that a public hearing was conducted on this vacation request on September 11, 1995, and there were no comments or concerns from the public. He stated that staff recommends first reading of the ordinance to vacate a 30 foot drainage and utility easement. He stated that the petitioner is required to relocate the sanitary sewer line. He reported that staff has identified three options, and the petitioner has to decide which option to pursue. WAIVED THE READING AND APPROVE THE ORDINANCE ON FIRST READING WITH THE FOLLOWING STIPULATIONS: (1) RELOCATION OF THE SANITARY SEWER LINE VIA ONE OF THREE OPTIONS IDENTIFIED BY STAFF; AND (2) OBTAINING OR GRANTING ANY EASEMENTS ASSOCIATED WITH THE CHOSEN OPTION. MOTION APPROVING OFFTCIAL TITLE AND SUMMARY OF ORDINANCE NO, 1056. CREATING FLQODPLAIN REGULATIONS: Mr. Pribyl, Acting City Manager, stated that staff has pre- pared an official title and summary for Ordinance No. 1056 for publication purposes. He stated that due to the length of this ordinance, it is requested that Council approve publication of only the official title and summary. He stated that this ordinance, which promotes the health, safety, and general welfare and minimizes losses in the floodplain and flood fringe areas, was adopted by the City Council at the September 11, 1995 meeting. APPROVED THE PUHLICATION OF THE OFFICIAL TITLE AND SUMMARY OF ORDINANCE NO. 1056. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 6, 1995: Mr. Pribyl, Acting City Manager, stated that Council is requested to receive the minutes of the Planning Commission meeting of September 6, 1995. RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 6� 1995. � � � FRIDLEY CITY COUNCIL MEETTNG OF SEPTEMBER 18, 1995 PAGE 3 � 7. RE50LUTION NO. 53-1995 APPROVING A SUBDIVISION, LOT SPLIT. L.5. #95-01, TO TAKE PROPERTY AND SPLIT IT INTO FIVE SEPARATE PARCELS (PARCELS A- E), GENERALLX LOCATED AT 520 DOVER STREET N.E. (WARD 3 L Mr. Pribyl, Acting City Manager, stated that this resolution approves a lot split for property generally located at 520 Dover Street. He stated that the purpose of the lot split is to consolidate and dispose of lots owned by the petitioner and to provide for potential future subdivision to the south of the single family dwelling at 520 Dover Street. Mr. Pribyl stated that the Planning Commission recommended approval of this lot split with two stipulations, which are inoluded in the resolution as Exhibit A. ADOPTED RESOLUTION NO. 53-1995 WITH THE FOLLOWING STIPULATIONS ATTACHED AS EXHIBIT A: (1) THE PETITIONER SAALL STIPULATE IN THE CONDITIONS OF SALE THAT THE ADJACENT NEIGHBORS, THE HALVORSONS AND THE LINDSTROMS� COMBINE THE SPLIT PARCELS WITH THEIR PARCELS TO CREATE SINGLE TAX RECORDS; AND (2) A PRIVATE EASEMENT ALLOWING MAINTENANCE, REPAIR� OR REPLACEMENT OF UTILITY SERVICES SHALL BE EXECUTED AND RECORDED AGAINST LOT 33� BLOCK L, RIVERVIEW HEIGHTS. MOTION TO ADVERTISE FOR SIDS FOR THE 53RD AVENUE BOOSTER STATION RENOVATION PROJECT NO. 280 (WARD 1): Mr. Pribyl, Acting City Manager, stated that Maier Stewart and Associates designed this renovation project for the 53rd Avenue booster station. He stated that $300,000 has been included in the 1996 Capital Improvements budqet for this project. He stated it is requested that Council authorize advertising for bids so that the project can be completed next year. AUTHORIZED ADVERTISING FOR BID3 FOR TH8 53RD AVENUE BOOSTER STATION RENOVATION PAOJECT NO. 280. APPROVE 1996 SCHOOL REFERENDUM LEVY RETURN AGREEMENTS (SCHOOL DISTRICT NOS. 11, 13, 14 AND 161: Mr. Pribyl, Acting City Manager, stated that these annual agreements with the school districts have been approved by the Housing and Redevelopment Authority for taxes payable in 1996. He stated that the total amount estimated to be returned to the school districts is $310,940. He stated that the break- down for each school district was No. 11; $2,648 for School District District No. 14; and $59,345 for $16,416 for School District No. 13; $232,531 for School School District No. 16. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 18, 1995 PAGE 4 � '-�� � 10. � 11 12 � APPROVED THE 1996 SCHOOL REFERENDUM LEVY RETURN AGREEMENTS WITH SCHOOL DISTRICT NOS. 11� 13, 14 AND 16 AND AUTHORIZED THE MAYOR AND CITY MANAGER TO EXECUTE TAESE AGREEMENTS. RESOLUTION NO. 54-1995 DIRECTING PREPARATSON OF ASSESSMENT ROLL FOR 1995 TREE ABATEMENT (WARD 31: Mr. Pribyl, Acting City Manager, stated that there is an assessment to only one property in the amount of $661.90 for the removal of a diseased tree. ADOPTED RESOLUTION NO. 54-1995. RESOLUTION NO. 55-1995 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR THE 1995 TREE ABATEMENT (WARD 31: Mr. Pribyl, Acting City Manager, s�ated that this resolution establishes Octoher 23, 1995 as the date of �he public hearing on this proposed assessment roll for the 1995 tree abatement. ADOPTED RESOLUTION NO. 55-1995. RESOLUTION NO. 56-1995 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1995 SERVICE CONNECTION (WARD 3): Mr. Pribyl, Acting City Manager, stated that there is an assessment to only one property in the amount of $1,877.48 for a service connection. ADOPTED RESOLUTION NO. 56-1995. RESOLUTION NO. 57-1995 DIkECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR THE 1995 SERVICE CONNECTION (WARD 31• Mr. Pribyl, Acting City Manager, stated that this resolution establishes October 23, 1995 as the date of the public hearing on this proposed assessment roll for the 1995 service connection. ADOPTED RESOLUTION NO. 57-1995. RESOLUTION NO. 58-1995 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. ST. 1993-7: Mr. Pribyl, Acting City Manager, stated that this assessment is for improvements on Stinson Boulevard from 73rd Avenue to osborne Road. He stated that the total cost o£ the project was $277,631.30. ADOPTED RESOLUTION NO. 58-1995. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 18, 1995 PAGE 5 13 14 RESOLUTION NO. 59-1995 DIRECTING PIIBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 5TREET IMPROVEMENT PROJECT N0. ST. 1993-7: Mr. Pribyl, Acting City Manager, stated that this resolution establishes October 23, 1995 as the date of the public hearing on this proposed assessment roll for Street Improvement Project No. ST. 1993-7. ADOPTED RESOLUTION NO. 59-1995. RESOLUTION NO. 60-1995 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROSECT NO. ST. 1992-2: Mr. Pribyl, Acting City Manager, stated that this assessment is for improvements at 1040, 1050, and 106o Hathaway Lane, which were part of Street Improvement Pro7ect No. ST. 1992-2 but were not included in the original assessment roll in October, 1993. ADOPTED RESOLUTION NO. 60-1995. 15. RESOLUTION NO. 61-1995 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. ST. 1992-2: Mr. Pribyl, Acting City Manager, stated that this resolution establishes October 23, 1995 as the date of the public hearing on this proposed assessment roll for improvements included in Street Improvement Project No. ST. 1992-2. ADOPTED RESOLUTION NO. 61-1995. 16. RESOLUTION N0. 62-1995 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE 64TH AVENUE STORM WATER IMPROVEMENT PROJECT N0. 260• Mr. Pribyl, Acting City Manger, stated that this assessment is for improvements at 1372 and 1384 64th Avenue, which were part of the 64th Avenue Storm Water Improvement Pro7ect No. 260. He stated that the total cost of the project was $173,105.08. The original assessment in October, 1994 did not include these two properties. ADOPTED RESOLUTION N0. 62-1995. 17. RESQLUTION N0. 63-1995 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR THE 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260: Mr. Pribyl, Actinq City Manger, stated that this resolution establishes October 23, 1995 as the date of the public hearing FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 18, 1995 PAGE 6 � on this proposed assessment roll for improvements included in the 64th Avenue Storm Water Improvement Project No. 260. ADOPTED RESOLIITION NO. 63-1495. 18. APPOINTMENT - CITY EMPLOYEE: Mr. Pribyl, Acting City Manager, stated it is recommended that Ronald Julkowski be appointed as Chief Building Official. He stated that Mr. Julkowski has six years of municipal experi- ence and twelve years of construction experience. He stated that Mr. Julkowski replaces John Palacio and his starting date would be October 2, 1995 at a beginning salary of $41,606.41 per year. APPROVED THE APPOINTMENT OF RONALD JULKOWSKI AS CHIEF BUILDING OFFICIAL� EFFECTIVE OCTOBER 2� 1995� AT A BEGINNING SALARY OF $41�606.41 PER YEAR. 19. CLAIMS• AUTHORIZED PAYMENT OF CLAIMS NO. 64144 through 64255. 20. LICENSES• � APPROVED•THE LICENSES A3 SUBMITTED AND AS ON FILE IN THE LICENSE CLERR'S OFFICE. There were no comments from the audience on the proposed consent agenda items. MoTION by Councilman Schneider to approve the consent agenda items. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee stated that staff has requested that the public hearing for the revocation or suspension of the intoxicating liquor license for Sharx Club be deleted from the agenda. He stated that Sharx Club has now complied with all outstanding stipulations, and there will be a review by Council of the intoxicating liquor license and adherence to the forty percent food requirement in November. MOTION by Councilwoman Bolkcom to adopt the agenda, with the deletion of the public hearing for Sharx Club. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � I__ J � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 18, 1995 PAGE 7 OPEN FORUM, VISITORS: There was no response from the audience under this item of business. 21. PUBLIC HEARING ON REVOCATION/SUSPENSION OF INTOXICATING LIQUOR LICENSE FOR SHARX CLUB, GENERALLY LOCATED AT 3720 EAST RIVER ROAD (WARD 3)• This item was deleted from the agenda. NEW BUSINESS: 22. RECEIVE BIDS, AWARD CONTRACT AND APPROVE CHANGE ORDER NO. 1 FOR 1995 STREET IMPROVEMENT PROSECT NO. ST. 1995-2: MOTION by Councilman Schneider to receive the following bids for Street Improvement Project No. ST. 1995-2: Bidder Hardrives, Inc. Plymouth, MN 55441 Valley Paving, Inc. Brooklyn Park, MN 55443 H & M Asphalt Company Elk River, MN 55330 C.S, McCrossan Construction, Inc. Maple Grove, MN 55311-6240 Midwest Asphalt Hopkins, MN 55343 Total Bid $573,282.80 $578,397.83 $582,391.95 $614,476.60 $661,211.40 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that this improvement project includes 67th Avenue (Monroe to Brookview), Arthur Street (64th to Mississippi), 69th Avenue (Old Central Avenue to Stinson Boulevard), University Avenue slipoff, Rice Creek Townhouse parking lot, and 1995 street overlays. He said that the State Aid Office will address the University Avenue slipoff as a supplemental agreement, and it has to be removed from this project. Mr. Flora requested that Council not award the contract at this time. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 18. 1995 PAGE 8 23. INFORMAL STATUS REPORTS: VALUES AWARENESS WEEK: Councilwoman Bolkcom reminded the residents that on Tuesday, September 19, Dr. Walsh will be speaking at the Fridley High School Auditorium, and on Thursday, September 21, Ms. Rice will be speaking at Murzyn Hall in Columbia Heights. She stated that Dr. Walsh will address some positive things people can do with their children to promote the values program. She stated that Ms. Rice will be talking about values geared towards younger children. She stated that on Saturday, there will be an ice cream social at the athletic field behind Fridley High School with a dixie land band and the Columbia Heights High School band providing entertainment. FIRE TRUCK• A short video was presented on the new fire truck for the City. REPORT ON CLEAN-UP PROGRAM; Ms. Dacy, Community Development Direc�or, stated that a resident expressed her appreciation with the choreography of the entire � Clean-Up Week. She stated that the volunteers were "angels in blue shirts" and cleaned out over 35 years of items in her home. She was very appreciative of their help. � Ms. Dacy stated that the contractor was working today to finish collection of the brush and hoped this task would be completed by 3:00 p.m. Tuesday. Ms. Dacy stated that there are eighty appliances that still need to be collected. She stated that this would be done on September 25 and October 2 for those who have called for a pickup. Ms. Dacy stated that there were two contractors collecting refuse, Walter's and Waste Management. Any items missed will be picked up today. Ms. Dacy stated that ACCAP was overwhelmed with the furniture to be collected. She stated that they made about two hundred stops and felt that all items were picked up from those who called. She stated that if residents have additional items, they should call their local church or Salvation Army. Ms. Dacy stated that there were 1,203 vehicles who visited the drop-off site at Columbia Arena On Saturday, 5eptember 16. Ms. Dacy stated that a detailed report will be submitted to Council as soon as figures are available. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 18, 1995 PAGE 9 Councilwoman Jorgenson stated that she appreciated the staff's time for working on this clean-up. She stated that Councilwoman Bolkcom was part of the committee that worked on this project, and it was great. Councilwoman Bolkcom commended all the volunteers and those who stayed all day to work. She stated that there were not a lot of people at the party, but she felt many of the workers were exhausted. She stated that people helped their neighbors. She said she appreciated everyone's hard work from City staff to all the volunteers. She stated that she has received more positive than negative comments. Councilman Schneider stated that one of his neighbors, who is in the hauling business, was working at the drop-off site at Columbia Arena and was extremely complimentary of City staff. He stated that staff had their heart and soul in this pro�ect and really worked hard. He stated that staff deserves a lot of credit. He said that Councilwoman Bolkcom was an inspiration and did an excellent job. Councilwoman Bolkcom stated that she appreciated Council's support of this project. She stated that Girl Scouts were also cleaning the parks, so there were a lot of activities associated with this � clean-up project. ADJOURNMENT: MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilwoman ,7orgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 18, 1995 adjourned at 8:05 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council � William J. Nee Mayor