Loading...
10/14/1996 - 00002194THE MINUTES OF THE REGULAFt MEETING OF THE FRIDLEY CITY COUNCIL OF ' OCTOBER 19, 1996 The Regular Meeting of the Fridley City Council was called to order at 7:40 p.m, by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the F1ag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Council- woman Bolkcom MEMBERS ABSENT: None NASIM OURESHI, PAST FRIDLEY CITY MANAGER: Mayor Nee stated that everyone is probably aware that Nasim Qureshi died several days ago. He said that he is terribly grieved about his death and thinks that other city managers might accept his �udgment that Nasim was probably the best city manager Fridley ever had. Mayor Nee stated that Nasim was hired during his first term � as Mayor and was City Engineer at the time of the tornado. Nasim was instrumental in bringing about the recovery of the City. When Nasim was later appointed City Manager, he did an outstanding �ob for all those he was associated with. Mayor Nee stated rt is his deep feeling that of all the people on City staff that have been exceptionally good, Nasim, in his mind, was the very best. The community, over the years, owes a great debt of gratitude to him. Nasim was a very shy man and hired as his assistants people who could talk. Nasim guided the City to its present health and prosperity. Mayor Nee wished to make note of his passing. Councilman Schneider stated that he would echo these same words. Nasim had a unique skill of getting the dollar to go further. He had the political savvy on what the community needed and why. He found ways to make things happen. Councilman Schneider stated that the years when Nasim was City Manager were formative times, and his wisdom and foresight were very visionary. Nasim placed the City into a very responsible financial posrtion to face the challenges of today. Nasim will be missed very much. Councilwoman Jorgenson stated that Nasim left the City in a very sound financial condition. He knew how to stretch the dollar Councilwoman Jorgenson recalled his comment that "the pie is only so big." � � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER lA, 1996 PAGE 2 PROCL�MI�TION: MANI7FACTURERS' WEEK: OCTOBER 14-18, 1996: Mr. Burns, City Manaqer, read this proclamation which proclaimed the week of October 14 through 18 as Manufacturers' Week. Mayor Nee issued this proclamation in recognition of the contribution of Fridley manufacturers to the social and economic well-being of the community. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 30, 1996: MOTION by Councilwoman Bolkcom 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 OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Il 2 SECOND READING OF ORDINANCE N0. 1074 AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER: Mr. Burns, City Manager, stated that the first reading of this ordinance was July 22, 1996, and all of the changes relate to the procedures of the City Council. Some examples of the changes are clarification of what is meant by the first meeting of the year and definition of a reqular meeting. The amendment recognizes that Council may hold conference meetings but specifies that no formal action may be taken. It clarifies procedures and the time frame for codifying ordinances. Mr. Burns stated that the changes need to be adopted by an affirmative vote of all of the Council members since it is a requirement of Minnesota State Statutes. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1074 ON THE SECOND READING AND ORDERED PUBLICATION. SECOND READING OF ORDINANCE N0. 1075 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 124, ENTITLED "NOISE," BY AMENDING SECTION 124.0�.02, "PUBLIC 1VUISANCE NOISES PROHIBITED:" Mr. Burns, City Manager, stated that this amendment is in response to complaints about loud automobile stereos. The amendment would make it illegal to operate an automobzle stereo in a manner that is audible from a distance of 75 feet or more. Similar ordinances of surrounding cities were reviewed as well as a model policy from the MPCA. The amendment has been reviewed and agreed to by the City's Prosecuting Attorney. � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1075 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 3. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CHHY'1'P:tt .il� P:N'1'1'1'L�ll "YKWN 5t1UY7� " riY 1-ll°1P:Nll1Nb .01, "DEFINITIONS," SECTION 31.02, "LICENSE REQUIRED," AND Mr. Burns, City Manager, stated that these amendments have been requested by the City's Prosecuting Attorney as a result of a recent court case in which the issue of definition of the "licensee" was raised. The recommended changes include the addition of the words "corporation, partnership, or business association" after the word "person" in the definition of licensee or pawnbroker; and the addition of the words "nor any agent or employee of a licensee" after "no licensee" in the section covering restricted transactions. Both of these changes apply to Chapter 31 of the code entitled "pawn shops." Fridley's two operating pawn shops are licensed to partner- ships or corporations rather than to a person. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 2, 1996: RECEIVED THE PLANNING COMMISSION MINUTES OF OCTOBER 2, 1996. 5 SPECIAL USE PERMIT REQUEST, SP #96-16, BY JUGAL AGARWAL, TO ALLOW ACCESSORY BUILDINGS, OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, GENERALLY LOCATED AT 370-372 74TH AVENUE N.E. (WARD 1): Mr. Burns, City Manager, stated that this is a request for a special use permit to allow an accessory building over 240 square feet. The petitioner, Mr. Agarwal, wished to construct a 320 square foot structure to be used as a detached garage. The property has been the sub�ect of code enforcement complaints, mainly related to �unk cars, solid waste, and improper outdoor storage. Mr. Burns stated that the Planning Commission recommended approval of this request with four stipulations, which he outlined. Although there were considerable neighborhood complaints about this property expressed at the Planning Commission meeting, staff believes that most of the complaints were related to code violations. Staff also believes that the code issues are more correctly enforced through separate processes than through denial of the special use permit. It � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 4 6 7. is felt that the additional garage will provide a storage opportunity for most of the items ob�ected to in the code enforcement complaints. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. ESTABLISH A PUBLIC HEARING FOR OCTOBER 28, 1996, TO AMEND CHAPTER 205 OF THE FRIDLEY CITY CODE, ENTITLED "ZONING." Mr. Burns, City Manager, stated that these proposed amendments are in response to Council's request that staff complete required policy and ordinance changes needed to comply with 1995 state legislation. This legislation requires cities to act within sixty days on all land use applications that apply to the zoning code, subdivision code, and the City Charter. SET THE PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO CHAPTER 205 OF THE FRIDLEY CITY CODE FOR OCTOBER 28, 1996 ESTABLISH A PUBLIC HEARING FOR OCTOBER 28, 1996, TO AMEND CHAPTER 211 OF THE FRIDLEY CITY CODE, ENTITLED "SUBDIVISION:" Mr. Burns, City Manager, stated that these proposed amendments � are in response to Council's request that the City comply with state mandated time limits on land use applications. In cases of both rezoning and subdivision legislation, both the Planning Commission and the City Council would continue to hold public hearings, but the time required for the process would be shortened by allowing staff to administratively set Council's public hearing dates As this process is changed, it is suggested that the Planning Commission's informal hearings for lot splits be changed to formal hearings. � SET THE PUBLIC HEARING ON THE PROPOSED ANIENDMENTS TO CHAPTER 211 OF THE FRIDLEY CITY CODE FOR OCTOBER 28, 1996. 8. FIRST READING OF AN ORDINANCE APPROVING A VACATION REQUEST, SAV #96-02, BY INDEPENDENT SCHOOL DISTRICT N0. 14 (WARD 1): A TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 615T AVENLTE, EAST OF 7TH STREET, SOUTH OF 63RD AVEN[JE, AND WEST OF JACKSON STREET. B. TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 59TH AVENUE, EAST OF 7TH STREET, SOUTH OF 61ST AVENUE, � AND WEST OF WES TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 59TH AVENUE, EAST OF 7TH STREET, SOUTH OF 61ST AVENUE, PND WEST OF WEST MOORE LAI{E DRIVE. ' � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 5 9 10 11 Mr. Burns, City Manager, stated that this request is to vacate streets and alleys located on school district and City owned property in the areas of the high school, middle school, and Commons Park well field. It is a housekeeping item to be done in conjunction with clarification of property ownership. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. RESOLUTION APPROVING A PLAT, P.S. #96-01, TIGERLAND PARK (INDEPENDENT SCHOOL DISTRICT N0. 14) (WARD 1)• Mr. Burns, City Manager, stated that a public hearing on this plat was held on Ju1y 8, 1996. The request is to replat Vineland Addition into Tigerland Park. The area is generally bounded by Seventh Street on the west, 61st Avenue on the south, an extension of Jackson Street on the east, 63rd Avenue on the north, not including the first row of residential properties directly abutting 63rd Avenue. A portion of this property includes Commons Park. The City's well field will be transferred from the school district to City ownership once the plat is approved and recorded. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. RESOLUTION N0. 92-1996 ELECTING TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1997: Mr. Burns, City Manager, stated that last year the City partic�pated in the Metropolitan Livable Communities Act and agreed to a housing goals agreement and to completing a housing action plan. The Livable Communities Act is a voluntary program designed to encourage cities to create affordable and life cycle housing, to clean up polluted sites, and to encourage compact development that links housing, �ob and transportation services. Participants are eligible for three incentive programs: (1) tax base revitalization account; (2) the Livable Communrties Demonstration account, and (3) the Local Housing Incentives account. Participation in the program also enhances City applications for other federal and state grant programs. This resolution would authorize the City's participation in the Metropolitan Livable Communities Act for 1997. ADOPTED RESOLUTION NO. 92-1996. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA FOR MULTI-UNIT RESIDENTIAL RECYCLING PROGRAM• Mr. Burns, City Manager, stated that Anoka County is making � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 6 funds available to enhance multi-unit recycling, and the City is eligible for a$21,000 grant. Through this grant, the City is hoping to increase multi-family recycling trom 14 to 25 pounds/unit/year. This improved multi-family recycling will help the City reach increasingly tougher recycling goals. APPROVED AGREEMENT BETWEEN THE CITY AND ANOKA COUNTY FOR THE MCTLTI-UNIT RESIDENTIAL RECYCLING PROGE2AM. 12. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CENTER FOR ENERGY AND ENVIRONMENT, INC., FOR ADMINISTRATIVE SERVICES 13 14 Mr. Burns, City Manager, stated that from 1993 to present, the City has contracted with the Anoka County Community Action Program for administrative services in con�unction with the Community Development Block Grant program. Staff is recommending this contract be given to the Center for Energy and Environment, Inc. for administration of 1996 CDBG funded housing rehabilitation programs. CEE will receive $875 for grants issued compared with $1,622 per grant for the services of ACCAP. This change allows the City to locate all of the housing rehabilitation programs in one place and consolidate the application process. Mr. Burns stated that the agreement would be in effect from October 15, 1996 to December 31, 1997 He also reviewed the facets of the program which would be administered by CEE. APPROVED THE AGREEMENT BETWEEN THE CITY AND THE CENTER FOR ENERGY AND ENVIRONMENT, INC. FOR ADMINISTRATIVE SERVICES IN CONJUNCTION WITH THE COMMIJNITY DEVELOPMENT BLOCK GRANT PROGRAM. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 25, 1996, FOR AN ORDINANCE AMENDING SECTION 2.D6.01 OF THE FRIDLEY CITY Mr. Burns, City Manager, stated that a public hearing is requested for November 25 to consider amendments to Chapter 2 of the City Charter. SET A PUBLIC HEARING FOR NOVEMBER 25, 1996 TO CONSIDER AMENDMENTS TO CHAPTER 2 OF THE CITY CHARTER. APPROVE CHANGE ORDER N0. 2 FOR STONYBROOK CREEK BANK STABILIZATION PROJECT N0. 246: � Mr. Burns, City Manager, stated that this change order is in response to residents' requests for additional fill which required construction of an additional retaining wall. The FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 7 � change order is to Schield Construction in the amount of $24,900.50 for a revised contract amount of $352,496.65. APPROVED CHANGE ORDER NO. 2 FOR THE STONYBROOK CREEK BANK STABILIZATION PROJECT NO. 246 WITH SCHIELD CONSTRUCTION COMPANY IN THE AMOUNT OF $24,900.50 AND A REVISED CONTRACT AMOUNT OF $352,496.65. 15. RESOLUTION NO. 93-1996 REVOKING AND ESTABLISHING MUNICIPAL STATE AID STREETS: Mr. Burns, City Manager, stated that in an earlier resolution, the wrong limits were inadvertently provided for Slst Way. Rather than describing the limits as the East River Road Service Drive to Industrial Boulevard, the limits should have been described as East River Road to Industrial Boulevard. ADOPTED RESOLUTION NO. 93-1996. 16. RESOLUTION NO. 94-1996 DELETING AN AUTHORIZED POSITION IN THE 1'1' 1 UN : Mr. Burns, City Manager, stated that this change is recommended in order to provide a more reasonable work load � for the two existing Liquor Store Managers who are operating in the absence of a liquor operations manager. As the Assistant Liquor Store Manager position is created, a Liquor Store Clerk posrtion will be eliminated. The change is consistent with long-term management goals for the liquor operation. ADOPTED RESOLUTION NO. 94-1996. 17. RESOLUTION N0. 95-1996 DESIGNATING THE TIME AND PLACE FOR A SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL TO CANVASS GENERAL ELECTION RETURNS: Mr. Burns, City Manager, stated that this resolution establishes Tuesday, November 12, 1996 as a Special City Council Meeting. The meeting is required to provide Council's canvass of election returns from the November 5 general election. ADOPTED RESOLUTION NO. 95-1996. 18. RESOLUTION DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS: Mr. Burns, City Manager, stated this resolution establishes � dates for Council meetings for 1997. Whenever possible, the meetings were scheduled on the second and fourth Mondays of the month The three exceptions to this rule are the first meetings in January, March, and December. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 8 THIS ITEM WAS REMOVED FROM TAE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 19. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manager, stated it is recommended that Gerald Kremer be hired to fill the Community Service Officer Coordinator position recently vacated by Mark Bonesteel. Mr. Kremer has been employed �as a Community Service Officer since April, 1996. He is a graduate of Coon Rapids High School and has an AA degree in law enforcement from North Hennepin Community College. Mr. Burns stated it is also recommended that Kyle Birkholz be appointed as Assistant Liquor Store Manager. Mr. Birkholz has worked for the City since November, 1990. CONCURRED WITH THE FOLLOWING APPOINTMENTS RY THE CITY MANAGER: Name Position Gerald CSO Coordinator � Kremer Non-exempt � Kyle Birkholz Assistant Liquor Store Manager Exempt 20. CLAIMS: Starting Salarv $io.za per hour $1,781.60 per month $28,945.76 per year 1996 $2,412.15 per month Starting Date Replaces oct. 1s, 1996 Oct. 15, Mark Bonesteel Promotion to new position AUTHORIZED PAYMENT OF CLAIM NOS. 70417 THROUGH 70638. 21. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 22. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of September, 1996 ......$ 5,259.75 � � , FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 9 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of June, 1996 .. Richmar Construction, Inc. 7776 Alden Way, N.E. Fridley, MN 55932 Water Treatment Plant Pro�ect No. 293 Estimate No. 2 . . . Landmark Concrete 1�630 Highway 65, N.E. Ham Lake, MN 55304 Miscellaneous Concrete Curb and Sidewalk Pro�ect No. 294 Estimate No. 4 . . . . . . . . . . $19,774.36 $84,339.05 $ 3,627.19 No persons in the audience spoke regarding the proposed consent agenda items. Councilman Schneider requested that Items 8 and 9 be removed from the consent agenda. Councilwoman Bolkcom requested that Item 18 be removed from the consent agenda Councilwoman Jorgenson requested that Item 5 be removed from the consent agenda. MOTION by Councilman Schneider to approve the consent agenda items, with the exception of Items 5, 8, 9 and 18. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Bolkcom to adopt the agenda with the addition of Items 5, 8, 9 and 18 from the consent agenda. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee 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 OCTOBER 14, 1996 PAGE 10 PUBLIC HEARINGS: 23. PUBLIC HEARZNG ON ZONING TEXT AMENDMENT REQUEST, ZTA #96-01, BY NpRTHCO CORPORATION, TO AMEND THE FRIDLEY CITY CODE, L�b�.��al:�u'��iWY�I�=��MY:�_\ Y9�[y l�b9J RENiTMBERING CONSECUTIVE SECT L?3 ECUTIVE RMITTED MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:10 p.m. Mr. Hickok, Planning Coordinator, stated that this is a request to amend the Industrial District requirements to allow daycare centers as a special use in M-1 and M-2 zoning districts. The petitioner is Northco for their property at 500 73rd Avenue. The Zoning Code now only allows daycare centers in a residential district, as a special use, and in commercial districts as a permitted use. Mr. Hickok stated that the City has little vacant industrial land remaining. Staff recommends that the City not allow stand alone facilities in industrial districts in order to preserve the land for industrial uses. A number of zoning issues should be considered including floor area, location of outdoor play areas, loading and drop-off locations, pedestrian crossings, and signage The State building and fire codes have very specific requirements regarding occupancy and separation requirements between ad�acent uses. Mr. Hickok stated that the Planning Commission recommended approval of this ordinance change to allow daycare centers with a special use permrt in industrial districts with eight stipulations, which he outlined as follows: (1) the proximity of the outdoor play area to the building shall be designed so that children do not have to cross vehicle traffic; (2) loading and drop-off locations should not interfere with traffic flow; (3) pedestrian crossing areas should be clearly marked; (4) the maximum floor area to be occupied by a daycare center in an industrial building shall be 30 percent of the floor area of the principal industrial building; (5) require parking at one space per 250 square feet of useable daycare space, (a) reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship; adequate open space shall be provided to satisfy the required number of parking spaces; (b) when the provisions for required parking space are inadequate, the City may require that additional off-street parking be provided; (6) limit the type of signage to wall signage, no independent free-standing signs shall be permitted unless the free-standing sign replaces the sign � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 11 allowed for the industrial complex; (7) the facility shall be licensed in accordance with Minnesota and Anoka County requirements; and (8) the facility shall comply with building code occupancy and separation requirements. Mr. Hickok stated that staff concurs with the recommendation of the Planning Commission to approve a zoning text amendment to allow daycare centers in industrial districts. Mr. Dennis Zylla, representing Northco, stated that a lot of discussion at the Planning Commission meeting related to parking. It was Northco's position that this would be an accessory use. The Planning Commission recommended a special use permit, and they are in favor of it. He introduced Ms. Carol Brennan who will be in charge of the daycare program. Mayor Nee questioned the number of parking spaces needed for staff, as we11 as for parents who will be dropping off their children. Ms. Brennan stated that they are licensed for ninety children, and they have fifteen people on their staff. Five or eight additional spaces would be needed for parents who are dropping oif their children. � Mr. Hickok stated that they meet the parking requirements, as the ratio is one parking stall to each 250 square feet of floor space which is 26 parking spaces. Councilwoman Jorgenson asked how many children they currently serve in Spring Lake Park. Ms. Brennan stated that they had ninety children but had to downsize due to space. They are now serving only 53. With this new facility, they hope to maintain their current licensed capacity of ninety children. Councilwoman Jorgenson asked if they serve school age children from the Spring Lake Park area. Ms. Brennan stated that they currently do not have any school age children because of the latch key program in Spring Lake Park. The only way for them to accommodate school age children would be for the public school buses to transport them to their facility. No other persons spoke regarding this proposed zoning text amendment. MOTION by Councilwoman Bolkcom to close the public hearing. � Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:20 p.m. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 12 � 24. PUBLIC HEARING ON THE SALE OF EXCESS PROPERTY IN THE SOUTHEAST CORNER OF THE INTERSECTION OF 7TH STREET AND 615T AVENUE (WARD 1): � � MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:20 p.m. Mr. Hickok, Planning Coordinator, stated that the City owns the property located in the southeast corner of the intersection of Seventh Street and 61st Avenue. This property is generally located between 61st Avenue on the north, Seventh Street on the west, West Moore Lake Drive on the east, and unimproved 60th Avenue on the south and legally described as Blocks 2- 6, Moore Lake Addition. Mr. Hickok stated that the original operating agreement established between School District No. 14 and the City in 1957 indicated a transfer of ownership of Blocks 4- 6(general location of the Community Education Center) from the City to the School District. A subsequent agreement in 1960 indicated that in addition to Blocks 9- 6, Blocks 2 and 3(location of the high school parking lot) would also be transferred from the City to the School District. This was never consummated, and staff is recommending that Council conduct this hearing in order to declare the property excess so that a first reading of the ordinance can be submitted for Council's consideration. No persons in the audience spoke regarding the sale of this excess property. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:24 p.m. 5. SPECIAL USE PERMIT, SP #96-16, BY JUGAL AGARWAL, TO ALLOW ACCESSORY BUILDINGS, OTHER THAN THE FIRST ACCESSORY BUILDING, Mr. Hickok, Planning Coordinator, presented a video of this property. There was much discussion at the Planning Commission meeting about code issues. Mr. Hickok stated that the petitioner believes that much of this outside storage will be relieved with the construction of the garage. He believes that through code administration the remaining issues can be resolved. Mr. Hickok stated that the petitioner wishes to construct a second accessory structure on this site which will be 320 square feet. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 13 Staff recommends approval with four stipulations, and the Planning Commission has concurred on a five to one vote. Councilwoman Jorgenson asked if the City has been working with the property owner or the renters regarding the code enforcement issues. Mr. Hickok stated that staff has been working with the property owner. The owner realizes he has had outdoor storage on the site and attributes this to the fact that he does not have a garage for this unit. Councilwoman Jorgenson asked if there would be sufficient room for storage inside this structure. Mr. Hickok stated that the garage would be large enough for one vehicle with room for storage along the inside. MOTION by Councilwoman Jorgenson to grant Special Use Permit Request, SP #96-16, to allow construction of a second accessory structure and encourage staff to work with the property owner on the code enforcement issues. Seconded by Councilwoman Bolkcom. Upon a ro11 call vote, Councilwoman Jorgenson, Councilman � Schneider, Councilwoman Bolkcom, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. Councilman Billings stated that the motion passed, but the stipulations were not added. Councilwoman Jorgenson stated that, wrth permission of her seconded, she would amend the motion to include the stipulations. Councilman Billings stated that the motion has already passed and would have to be reconsidered. MOTION by Councilman Schneider to reconsider the motion on Special Use Permit Request, SP #96-16. Seconded by Councilwoman Bolkcom Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to amend the motion granting Special Use Permit Request, SP #96-16, by adding the following stipula- tions: (1) the petitioner shall provide a hard surface driveway at the time of garage construction; (2) the accessory structure shall not be used for a home occupation; (3) the structure shall be architecturally compatible with the existing dwelling, and (4) vehicles, refuse, and other materials shall be stored in compliance � with the City Code. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 19 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 8. FIRST READING OF AN ORDINANCE APPROVING A VACATION R SAV #96-02, BY INDEPENDENT SCHOOL DISTRICT N0. 14 (WARD r:� I� C TO VACATE STREETS AND AI,LEYS GENERALLY LOCATED NORTH OF 61ST AVEN[JE, EAST OF 7TH STREET, SOUTH OF 63RD AVENiJE, AND WEST OF JACKSON STREET; TO VACATE STREETS AND AI,LEYS GENERALLY LOCATED NORTH OF 59TH AVENUE, EAST OF 7TH STREET, SOUTH OF 61ST AVENiTE, AND WEST OF WEST MOORE I,AKE DRIVE; AND TO VACATE STREETS AND ALLEYS GENERALLY LOCATED NORTH OF 59TH AVENilE, EAST OF 7TH STREET, SOUTH OF 615T AVENLTE, AND WEST OF WEST MOORE LAKE DRIVE: Mr. Hickok, Planning Coordinator, stated that this is a request for vacation of streets and alleys in the Vineland Addition and Blocks 2- 11, Moore Lake Addition. In 1955, the City had vacated the streets and alleys in Vineland Addition. School District No. 14 requested that the streets and alleys be re-vacated to clarify the issues, as the paperwork was not completed in order to finalize this process. Councilman Schneider stated that his primary issue was an explanation, as there was an implied receiving of property. Mr. Hickok stated that this vacation is a�oint request bV the City and the School District. Councilman Schneider stated that these are "paper" alleys and are being vacated because there is no possibility of them being used. Streets are already built in these areas. Mayor Nee stated that the petition by the School District for vacation is on property owned by the City and asked if this was correct. Mr. Hickok stated that this is a�oint request for vacation of the streets and alleys on Crty property and on School District property. He reviewed the areas on a map that will be City property and those that will be School District property. After the transfer the School District retains about 29.17 acres, and the City retains about 29.27 acres. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 15 9. RESOLUTION NO. 91-1996 APPROVING A PI,AT, P.S. #96-�1 TIGERLAND PARK (INDEPENDENT SCHOOL DISTRICT N0. 141 (WARD 11: Mr. Hickok, Planning Coordinator stated that this resolution would iormalize the approval of the plat for Tigerland Park. Agreements in the mid-50`s led both School District No. 14 and the City to believe they owned certain properties and operated in accordance with those agreements. The properties were developed by the School District and City in accordance with the belief that they owned it. Some time later, both parties acknowledged, in good faith, that the paperwork had not been completed. This was not revealed until there was a waste fee attached to each of the properties. This led to this plat so that it can be filed and the titles cleared as to the proper ownership. Councilman Schneider asked what instrument proves ownership. Mr. Hickok stated that there is another document that will describe ownership of each of the parcels. Mr. Knaak, City Attorney, stated that the previous attorney for the City is handling this issue, but understands it was intended to be a registration process. This would be a court document and a land registration proceeding that would declare the ownership. There are alternatives involving qurtclaim deeds; however, this particular process was intended to be a registration proceeding. Mr. Hickok stated that staff is working with Virgil Herrick's office. Gregg Herrick is drafting the final document. Mr. Knaak stated that the platting is actually different than declaring ownership. The plat is a means for describing the property; however, to create ownership there needs to be an additional process. He understands that the whole effort was to finally get everything into a registered document. Councilman Schneider asked if this registered document would be brought to the Council for approval. Mr. Hickok stated that the doctunent would be submitted to Council for review. With the plat, each party understands that the property lines and the document solidifying this would be submrtted to the County. Councilman Schneider stated that he would be more comfortable in seeing the document declaring ownership. Mr. Burns stated that the plat process has to precede the registration of documents. He understands that the re-platting does not directly affect ownership. Transfer or swapping of property occurs after the plat is approved, and the registered � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 16 documents are prepared. The plat has to be approved first before the registration of documents can occur. Councilman Schneider asked what would happen if the registration process is not approved but the Council has already approved the plat. Mr. Hickok stated that the plat would not be filed, as the accompanying document would identify ownership. Mr. Knaak stated that any time property is platted there is an initial owner. A description of the property is created with this plat but not ownership. Then there is the land registration process in which the court reviews the plat and examines who is the owner. If everyone agrees, there is the �udicial protection of the Torrens system There is no requirement that the two parties need to �oin in order to get the �udicial approval. This is the simplest way to clear the record. Councilman Billings stated that what is being presented is, in fact, a duplication of what happened in 1955. The problem is that part of the property is abstract, and part is Torrens property. When the attorney reviewed it to file quitclaim deeds, it proved to be easier and less confusing to re-survey and plat it. Since this is a �oint effort by the School District and the City, he felt the process would proceed until it is concluded. He has been working on this issue for over a year to bring this together and to represent the actual usage of the land. Councilman Billings stated that the map on Page 9.04 of the Council's agenda book reflects the property to be transferred to the City. Councilman Schneider asked what would be involved to change the name of this plat. Mr. Hickok stated that the name could be changed before the mylar was completed. Mr. Burns said that if Council wished to change the name of this plat, he would suggest an amendment to this resolution to change the name. Councilwoman Bolkcom suggested the name Vineland-Shorewood or a combination of both of these words, Vinewood, rather than Tigerland. MOTION by Councilman Schneider to adopt Resolution No. 91-1996. Seconded by Councilwoman Bolkcom. MOTION by Councilman Schneider to amend Resolution No. 91-1996 by eliminating the word "Tigerland" in the resolution and substituting ' � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 PAGE 17 the word "Vinewood". Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilman Schneider, Councilwoman Bolkcom, Council- woman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Sillings voted against the motion. Mayor Nee declared the motion carried. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 18. RESOLUTION N0. 96-1996 DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS: Councilwoman Bolkcom requested that the March 24, 1997 Council meeting be changed to March 31, 1997. She also suggested that the holiday for Veterans Day be November ll, 1997, not September 11, 1997. MOTION by Councilwoman Bolkcom to adopt Resolution No. 96-1996, with the following changes: The March 24, 1997 Council meeting should be changed to March 31, 1997 and the Veterans Day holiday should be changed to November 11, 1997. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 25. FIRST READING OF PN ORDINANCE UNDER SECTION 12.D7 OF THE CITY CHAFtTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, SAV #96-03, BY CLAYTON AND JEAN HICKS, GENERALLY LOCATED AT 106 HARTMAN CIRCLE N.E.) (WARD 3): Mr. Hickok, Planning Coordinator stated that Council held the public hearing on this vacation request on September 30. The request was to vacate two five-foot drainage and utility easements along the property line of Lots 2 and 3, Block l, Sandhurst Addition. This property is located at 106 Hartman Circle. Mr. Hickok stated that staff originally recommended that the petitioner dedicate a ten-foot drainage and utility easement ad�acent to the north property line of the petitioner's property. The Planning Commission recommended approval of this vacation request without the stipulation for an easement. It is staff's recommendation that a five-foot easement be requested which is consistent with typical plat/easement policies. MOTION by Councilwoman Bolkcom to waive the reading and approve the ordinance on first reading, with no stipulations in concurrence � with the unanimous recommendation of the Planning Commission. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Bolkcom, Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted ' � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1996 against the motion. Mayor Nee declared the motion carried by a four to one vote. 26. INFORMAi� STATUS REPORTS: Mr. Burns, City Manager, stated that the Public Works Director would like to informally discuss changes to the intersection at Interstate 694 and Highway 65 after this meeting. ADJOURNMENT: MOTION by Councilwoman Bolkcom to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 14, 1996 ad�ourned at 9:25 p.m. Respectfully submitted, ,. : � f r� { `','_e -,,.�a:c's,-�C_ Carole Haddad Secretary to the City Council �(/� � Willia�e� Mayor