Loading...
06/09/1997 - 00001629' OF THE REGUL�AR MEETING OF THE FRI TY COUNCIL OF The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:34 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None PRESENTATIONS: CERTIFICATES OF APPRECIATION FOR FLOOD RELIEF HELP: Ms. Rosie Griep, Fridley Police Department, presented a plaque to Colonel Slice of the Civil Air Patrol in recognition for their � assistance with the flood relief. The Civil Air Patrol coordinated and supported the City's efforts and maintained a sense of order. Colonel Slice thanked the Crty Council on behalf of the Civil Air Patrol. She asked that the City Council not hesitate to call on them when they can be of assistance. Councilwoman Solkcom stated that the Civil Air Patrol was very helpful. Their efforts were appreciated. Ms. Griep stated that the City wished to recognize four Fridley police officers who responded to the severe flooding in East Grand Forks and volunteered to assist in this area. These officers were Wayne Pfuhl, Skip Standal, Greg Salo, and Dave Sorensen, who were not able to attend the meeting this evening. AWARD FROM THE AMERICAN PUBLIC WORKS ASSOCIATION: Mr. Elora, Public Works Director, presented the pro�ect of the year award to the City from the Minnesota Chapter of the American Public Works Association for the 5tonybrook Creek pro�ect. SOHN CONNELLY, EXECUTIVE DIRECTOR, NORTH METRO CONVENTION AND VISITORS BUREAU: ' Mayor Jorgenson introduced Mr. John Connelly, the new Executive Director for the North Metro Convention and Visitors Bureau. � FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 2 Mr. Connelly thanked the City Council for inviting him to the meeting. He appreciated the opportunity to meet everyone. He has been in this new position for about a week. He came from Rochester where he was Executive Director for four years. He is excited about the opportunity to market the north metro communities and promote tourism. He said he looked forward to working with the staff and City Council. APPROVAL OF MINUTES: COUNCIL MEETING, MAY 19, 1997• MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS• 1. ORDINANCE N0. 1097 AMENDING THE ZONING CODE, CHAPTER 205 ENTITLED "ZONING," BY AMENDING SECTIONS 205.17.OS.D.(6) .18.OS.D.(6), 205.19.05.D.(6), ADDING SECTION 2DS.2U (M- � -_Y..._AND,,.._ ., .....�_� � .u. .. ...,....�.._.. �..... ...,_ .� ..�.._. AUTHOAIZING PUBLICATION OF OFFICIAL TITLE AND SUMMARY: Mr. Burns, City Manager, stated that the first reading of this ordinance was held April 28. The M-4 zoning district creates stricter standards for industrial lots located near residential areas. These restrictions relate mainly to uses and exclude trucking terminals and other uses that require outdoor storage of materials, vehicles and equipment. The remaining requirements are similar to those used for other industrial districts. Staff recommends approval of this ordinance and authorization to publish the ordinance by title and summary only. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1097 ON THE SECOND READING. FURTHER, AUTHORIZED PUBLICATION OF THE OFFICIAL TITLE AND SUhID1ARY ONLY FOR ORDINANCE NO 1097. 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 21, 1997. ' � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 � 3 4 5 PAGE 3 SPECIAL USE PERMIT REQUEST, SP #97-03, BY THOMAS AND LYNN LASSER, TO ALLOW A SECOND ACCESSORY STRUCTURE (WORKSHOP) OVER 24Q SQUARE FEET, GENERAI,LY LQCATED AT 5840 TENNISON DRIVE N.E. Mr. Burns, City Manager, stated that the petitioners are requesting a special use permit to construct a 16 foot by 18 foot structure in their rear yard. This structure is to be used as a workshop and for storage of lawn equipment and tools. The new structure will be covered with siding similar to that on the front of the dwelling. The Planning Commission and staff both recommend approval with the stipulations that the structure shall be architecturally compatible with the existing structure and shall, at no time, be utilized for a home occupation. GRANTED SPECIAL USE PERMTT REQUEST, SP #97-03, WITH THE STIPULATIONS THAT THE ACCESSORY STRUCTURE SHALL BE ARCHITECTURALLY COMPATIBLE WITH THE EXISTING STRUCTURE AND THAT THE STRUCTURE SHALL, AT NO TIME, BE UTILIZED FOR A HOME OCCUPATZON. APPROVE CHANGE ORDER N0. 1 TO CENTRAL AVENUE BITUMINOUS SIDEWALK PROSECT NO. ST. 1994-9: Mr. Burns, City Manager, stated that thls change order is for $31, 673.80 to Hardrives, Inc. The change order will provide for two bikeway segments on the east side of East River Road between Rice Creek Way and Locke Lake Road and between Glen Creek Road and Osborne Road. These segments were to have been constructed with the County's last East River Road pro�ect, but were dropped due to the inability to negotiate reasonable costs with the County's paving contractor. Hardrives, Inc. has agreed to build these segments, along with the Central Avenue bikeway, at the same unit cost as the Central Avenue bikeway. These costs are acceptable to the state and are totally reimbursable through state aid funds. AUTHORIZED CHANGE ORDER NO. 1 TO THE CENTRP.L AVENUE BITUMOINOLTS SIDEWALK PROJECT NO. ST. 1994-9 WITH HARDRIVES, INC. IN THE AMOUNT OF $31,673.80. APPROVE CI3I�NGE ORDER N0. 4 TO 1996 STREET IMPROVEMENT PROJECT N0. ST. 1996-1 & 2: Mr. Burns, City manager, stated that this change order is in the amount of $10,991.50 to Thomas & Sons Construction for additional asphalt used on Alden Way and 77th Way. The change order also covers additional railroad crossing pavement markings on the east side of the Burlington Northern tracks on 77th Way. AUTHORIZED CHANGE ORDER NO. 4 TO THE 1996 STREET IMPROVEMENT PROJECT NO. ST. 1996-1 & 2 WITH THOMAS S SONS CONSTRUCTION, INC. IN THE AMOUNT OF $10,991.50. � FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 4 6. RE50LUTION NO. 44-1997 AUTHORIZING AGREEMENT WITH STATE OF MINNESQTA FOR FURNISHING CHEMICAL ASSESSMENT TEAM SERVICES (FROM JULY 1, 1997 TO JUNE 30, 1999): Mr. Burns, City Manager, stated that the Fridley Fire Department has been the contracting agency for the North Metro Chemical Assessment Team. This team includes the cities of Fridley, Coon Rapids, and the Blaine/Spring Lake Park/Mounds View fire district. The new contract extends the terms of the existing contract that has been in effect since August, 1996. ADOPTED RESOLUTION NO. 44-1997. 7. RESOLUTION N0. 45-1997 AUTHORIZING LEASE AGREEMENT WITH THE FIRE TRAINING ASSOCIATION, A SOINT POWERS CREATED ORGANIZATION �/�d[C Mr. Burns, City Manager, stated that as the property owner of the fire training site, the Crty is being asked to extend its lease agreement with the Fire Training Association that uses the site. This Association includes Fridley, Blaine, Spring � Lake Park, Mounds View and Brooklyn Center. Staff recommends the approval of this 25-year lease agreement. ADOPTED RESOLUTION NO. 95-1997. 8. RESOLUTION N0. 46-1997 CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A HOUSING FINANCE PROGRAM AND THE ISSUANCE OF REVENUE BONDS TO FTNANCE AN ELDERLY HOUSING DEVELOPMENT iNOAH'S ARK OF FRIDLEY PROJECT) PURSUANT TO MINNESOTA LAW, AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING• Mr. Burns, City Manager, stated that the proposed public hearing date is July 14, 1997 for the Noah's Ark pro�ect. This development is along the west University Avenue service drive near Wal-Mart. The bonds for this pro�ect are being issued under Minnesota statutes authorizing cities to issue revenue bonds for multi-family housing developments. In agreeing to issue bonds, the City is not pledging its full faith and credit, nor is it providing any funding for the pro�ect, but simply acting as a conduit for a tax exempt bond issue. ADOPTED RESOLUTION NO. 46-1997, AND SETTING THE PUBLIC HEARING DATE FOR JULY 14, 1997. I� � L J ' FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 5 9. ESTABLISH A PUBLIC HEARING FOR SUNE 23, 199�, FOR AN 10 Mr. Burns, City Manager, stated that the proposed hearing date of June 23 for this intoxicating liquor license. The license would be issued to the new owners of the Main Event at 7820 University Avenue. SET THE PUBLIC HEARING FOR AN INTOXICATING LIQUOR LICENSE FOR SUCCESSFUL CONCEPT DEVEIAPMENT, INC. FOR JUNE 23, 1997. RESQLUTION N0. 47-1997 AUTHQRIZING SUBMISSION OF ICE FACILITY RENOVATION GRANT APPLICATION (COLUMBIA ARENA) (WARD 1): Mr. Burns, City Manager, stated that this application is for a $50,000 grant that would be matched with another $50,000 from the National Sports Center Foundation. The funds would be used for repair and renovation of the roof and locker rooms at Columbia Arena. The City is proposing the grant application at the request of the Minnesota Amateur Sports Commission, as they are not eligible to apply for the grant. The County, City and school district in which the facility is located is eligible to make application for the grant; however, Anoka County has a competing grant application and does not wish to be the sponsor. Mr. Burns stated that there is absolutely no City funding required and no responsibility for administering the grant. In view of the value of these improvements to Fridley users of the Columbia Arena, staff is recommending Council's approval. ADOPTED RESOLUTION NO. 47-1997. 11. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 74587 THROUGH 79911. 12. LICENSES: APPROVED THE LICENSE AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 13. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Thomas & Sons Construction, Inc. 13925 Northdale Blvd. Rogers, MN 55374 1996 Street Improvement Pro�ect No. ST. 1996 - 1& 2 Estimate No. 9 . . . . . . . _ $78,684.27 � � ' FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 6 Richmar Construction, Inc. 7776 Alden Way, N.E. Fridley, MN 55932 Water Treatment Plant No. 3 Pro�ect No. 293 Estimate No. 10. . . . . . . S.N. Hentges & Sons, Inc. 650 Quaker Avenue Jordan, MN 55352 Removal & Replacement of Miscellaneous Concrete Curb, Gutter & Sidewalk Pro�ect No. 305 Estimate No. 1 . . . . . . , . . . . . Insituform Central, Inc. 17988 Edison Avenue Chesterfield, MO 63005 Sanitary and Storm Sewer Repair Pro�ect No. 304 Estimate No. 1 . . . . . . . . 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 May, 1997 ..... $47,797.87 . $ 9,638.70 $69, ll0.60 . . $ 4,250.00 No persons in the audience spoke regarding the proposed consent agenda items. Councilman Barnette asked about the proposed Noah's Ark pro�ect. Mr. Burns, City Manager, stated that it was a 104 unit elderly high rise development to be constructed next to Wal-Mart along the University Avenue service drive. Ms. Dacy, Community Development Director, stated that there would be a variety of units in the market range available to seniors and affordable to those with low and moderate incomes. She believed the qualifying age is 55 or older, but she would verify this with the developer. Councilman Barnette asked how persons may obtain further information. Ms. Dacy stated that they could call her office at 572-3590 to obtain the name of the developer. � FRIDLEY CITY COUNCIL MEETING OF NNE 9, 1997 PAGE 7 Mr. Burns stated that representatives from Noah's Ark will be present at the public hearing on July 14 to answer further questions. � � MOTION by Councilman Schneider to approve Seconded by Councilwoman Bolkcom. Upon aye, Mayor Jorgenson declared the motion ADOPTION OF AGENDA: the consent agenda items. a voice vote, all voting carried unanimously. MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: FRIDLEY `49ER DAYS CELEBRATION: Ms. Jan Golden, President of the Fridley 49er Association, stated that in keeping with the City values and non-violence they are promoting the Fridley parks and recreation system for the `49er Days celebration. Over 35 events have been planned between June 11 and 15. She wants everyone to know that Fridley is a fun place to live, work, and play. She is thankful to the businesses who support this event. Tickets and buttons are available at Snyders, Super-America, Sign Language and the Recreation office. The parade wi11 be Thursday evening, June 12, beginning at 6:30 p.m. from the high school. The Grand Marshal for the parade will be former mayor, William Nee. PUBLIC HEARINGS: 14. PUBLIC HEARING ON REVOCATION/SUSPENSION OF INTOXICATING LIQUOR LICENSE FOR SHARX CLUB, 3720 EAST RIVER ROAD (WARD 3): (CONTINUED FROM MAY 19, 199?): Mayor Jorgenson re-opened this public hearing at 7:54 p.m. which had been continued from the May 19, 1997 meeting. Mr. Knaak, City Attorney, stated that since the May 19 meeting there have been intensive discussions with Mr. DeFoe's attorney which have resulted in an agreement that he believes fully addresses the concerns of City personnel and the City Council. The agreement has resulted in a proposed resolution that is intended to address those points. It is recommended that the public hearing be closed and the resolution adopted. Sharx`s has agreed to all the points in the resolution. He requested that this agreement be acknowledged by Mr. DeFoe's attorney, Mr. Martinson. Mr. Knaak stated that the resolution provides for some immediate corrective measures and a penalty which includes a one-week suspension Mr. Brad Martinson, attorney representing Mr. DeFoe, stated that they are in agreement with the terms in the proposed resolution. On behalf of Mr. DeFOe, he would like to thank the City Council and staff for the time they worked on this issue. He acknowledged � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 Mr. Knaak's efforts and thanked him for the courteous and professional way they have been treated. Mr. Martinson stated that the City Council has a number of items that staff presented, and statistics were part of the story, as well as some people concerns. It is his and Mr. DeFoe's hope that the people who are involved in Sharx will become known to the City Council, as they are concerned about the image in the community and the issues that led to this public hearing. In no way do they take lightly the Police Department concerns and the concerns of the City Council. He hoped this resolution will be a stepping stone for a dialogue that will persuade the City Council that this is a responsibly run business. Their goal for the next year is to be on the consent agenda which they hope to accomplish. Councilman Billings asked if this procedure was similar to a quasi- �udicial situation where the City Council sits as a �udge. The aqreement that was reached is similar to a"plea bargain" where the attorneys have worked out the issues before it gets to the �udge. He also questioned if the procedure that the City Attorney and the licensee's attorney reached is common with other municipalities in the State of Minnesota in these types of situations. Mr. Knaak stated that he would have to answer in the affirmative on all these questions. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 8:00 p.m. RESOT.UTION N0. 48-1997 PROVIDING FOR THE LIMITED SUSPENSION, APPROVAL OF CONTINUATION WITH EXPRESS CONDITIONS AND SUBSEQUENT PROCESS OF ONGOING REVIEW OF THE LIQUOR LICENSE OF SHARX IN THE rrmv n� �nTnr.�v• MOTION by Councilwoman Bolkcom to adopt Resolution No. 48-1997 pursuant to the recommendation of the City Attorney and staff. This resolution approving the liquor license for Sharx in the City of Fridley is sub�ect to certain penalties stated in the resolution, as well as certain ongoing, stated conditions that are made part of the license. This motion is made on the express understanding that the issues and reservations expressed and stated earlier by the City's staff and this Crty Council related to the Sharx liquor license have now, in fact, been and will be addressed as the result of passage of this resolution, and that the penalty imposed is reasonable and appropriate under the circumstances. Further, by this motion, staff is directed to closely monitor compliance by Sharx with all of the conditions now imposed by this resolution on the license. 5econded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. L J FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 9 15. PUBLIC HEARING ON AMENDMENT TO SECTION 7.02 OF THE FRIDLEY CITY CHARTER REGARDING POWER OF TAXATION: MOTION by Councilman Schneider to waive the readzng of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 8:00 p.m. Mr. Pribyl, Finance Director, stated that Ordinance No. 592 adopted in August, 1975 included restricting language to Section 7.02 of the City Charter in that it provided for a 16 mill limit on the amount of taxes levied. The City Council was required to hold a public hearing for any levy in excess of 16 mills. Mr. Pribyl stated thai in 1988, system, and there were new formulas This, however, resulted in changes terms such as tax capacity. Staff recommending that all references removed. The replacement language Index specific to the Minneapolis/5t the state simplified the tax for determining the actual tax. in the language from mills to and the Charter Commission are to the 1975 modification be is tied with a Consumer Price . Paul metropolitan area. � Mr. Pribyl stated that the Charter Commission agreed to expedite the amendment process, but he wanted the proposed changes reviewed and approved by their attorney. Their attorney has reviewed the amendment and recommended that approval be withheld until the 1997 Omnibus Tax Bill, recently signed by Governor Carlson, can be considered. He recommended, therefore, that this hearing be continued to July 14, 1997. ' Councilman Billings stated that Council has been conducting public hearings on the mill levy even though there were changes by the state, because it was not known if the 16 mills would be exceeded. Basically, what this amendment would accomplish is to bring the City Charter in compliance with state statutes. MOTION by Councilman Schneider to continue this public hearing to July 19, 1997. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 16. PUBLIC HEARING ON AN INTOXICATING LIQUOR LICENSE FOR VALLEY CREEK, INC. (FORMERLY MAPLE LANES) (WARD 2): MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearinq. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 8:19 p.m. Mr. Pribyl, Finance Director, stated that this is a request for an intoxicating liquor license by Valley Creek, Inc. for the former Maple Lanes business. The Police Department has completed the required background check and found no reason to deny this request. � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 10 The applicant has acquired the Maple Lanes bowling facility at 6310 Highway 65. Councilman Schneider asked if the applicant has run similar facilities. Mr. Mike Anderson, representing the new owner Harvey Anderson, stated that Mr. Anderson has been in the bowling business for 25 years and is not planning any significant changes at Map1e Lanes. Some oP the bowling centers he owns are Southtown, Village North, Valley Creek, Sundance Lanes, Heroes, and Saxton Lanes. Councilman Billings stated that he was under the impression that several of these locations were owned by a construction company. Mr. Anderson stated that they were owned by Carlson-Anderson Construction at one time. Councilman Billings asked if they were operating Mingles in Little Canada. Mr. Anderson stated that they have closed it, as they are really not in the bar business. Bowling is their number one operation. Councilman Schneider stated that he assumes Mr. Anderson is aware of the liquor license requirements which the City takes very seriously. No other persons spoke regarding this intoxicating liquor license. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 8:17 p.m. 17. PUBLIC HEARING ON A REZONING REQUEST, ZOA #97-01, BY THE CITY OF FRIDLEY, TO REZONE EIGHT PROPERTIES FROM M-1, LIGHT TNiIiTCTRTAL. ➢iQTI M-7 AFi1�N TNTIiTCTRTAT. T(1 M-d MZ1iSfTFA('TTTRTNr• MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 8:17 p.m. Ms. McPherson, Planning Assistant, stated that this public hearing is to consider rezoning of eight properties from either M-1 Light Industrial or M-2 Heavy Industrial to M-4 Manufacturing. Council recently adopted a new ordinance which amends the existing industrial districts by eliminating loading docks on corner lots which face the public right-of-way across from residential districts and creates an M-4, Manufacturing Only district. Ms. McPherson stated that the intent of the newly created M-4 district is to reduce the impact of warehouse and distribution � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 11 facilities on residential properties, encourage uses which provide a significant amount of �ob opportunities, promote clean uses which do not produce fumes, odors, or require outside operations which may cause noise, and eliminate uses which require significant amounts of outdoor storage and display. Ms. McPherson stated that eight properties have been recommended to the Planning Commission for rezoning. These are: Everest Properties at 61st Avenue and Main Street; Anderson Trucking, Osborne Road; Kurt Manufacturing, Central Avenue; Friendly Chevrolet, Central Avenue; McGlynn's, Commerce Lane; Coachman Companies, Osborne Road; R.R.I., Inc., Ashton Avenue; and Northco Property, Northco Drive. After review by the Planning Commission, they recommended five sites be rezoned to M-4. They are the Everest Properties, Anderson Trucking, R.R.I., Inc., Friendly Chevrolet, and Kurt Manufacturing (both the occupied and vacant parcel). The Commission weighed the intent of the ordinance with the possible impact to existing owners and recommended that the McGlynn, Coachman, and Northco sites not be rezoned. Staff recommends that Council concur with the Planning Commission's recommendation. Councilman Schneider asked if any of the property owners ob�ected to the rezoning. Ms. McPherson stated that the owner of the Everest Properties at 61st Avenue and Main Street has strenuously ob�ected to the property being rezoned. The property owners of the other four parcels recommended for rezoning have not ob�ected throughout the rezoning process. Kurt Manufacturiny was contacted to make sure they understood the rezoning. They had no ob�ections. Mr. John Pritchard, Chief Operations Officer for McGlynn's, stated that he was prepared to share concerns on the rezoning of their site. However, the Planning Commission has recommended their site not be rezoned. They hope that Council concurs. Mr. Richard Eskola, attorney representing Coachman Companies, stated that he had the same agenda as Mr. Pritchard. His client is actively marketing the property. He urged Council to adopt the Planning Commission recommendation and not rezone the Coachman property. No other persons spoke regarding the proposed rezoning of these parcels. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 8�29 p.m. � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 OLD BUSINESS: 18. ORDINANCE NO I PAGE 1098 OF THE CITY OF FRIDLEY, MINNESOTA, FINDING SCRIBING THE PENALTIES UI�s\�I� Ms. Dacy, Community Development Director, stated that this is the second reading of an ordinance which would declare unpaved, gravel, or dirt driveways a public nuisance. At the time of the first reading of the ordinance on July 8, staff was authonzed to hire the Center for Energy and the Environment (CEE) to work with the households who are directly affected by this ordinance to determine the £inancial impact. Ms. Dacy stated that as a result of this process every household affected was notified. Of the 234 households, 31 did pave their driveway, 111 either did not respond to telephone messages or had unpublished telephone ntunbers. However, 92 households were contacted, and 47 0£ those proceeded to request audits. Of the 47 who expressed an interest in an audit, 33 have expressed interest 1n participating in the City's volume based paving program. The remaining 45 households of the 92 contacted either were not interested or offered miscellaneous comments which ranged from refusal to comply with the ordinance to not being prepared to make a decision. Ms. Dacy stated that the CEE staff advised that of these 33 households, eighty percent have incomes which can assimilate the cost of the improvement and the remaining twenty percent have lower incomes which may need a deferral, a Federal grant, or the HRA's "last resort" program. Since the initiation of the five percent housing improvement loan program, 19 properties have used the program to pave a driveway. The average household income was approximately $41,550; the median inr_Qme was $29,957; the lowest was $23,864; and the highest was $50,000 plus Ms. Dacy stated that if the ordinance is adopted staff is proposing a five-year period with no prosecution. She systematic code enforcement program has been initiated so that staff will remind the owners they have up to five years to pave their driveways. Another letter will be sent to the remaining 111 households that were not contacted. Ms. Dacy stated that under Section 110.02.1, Driveway Nuisance, the following words in the first paragraph "as provided under Chapter 205.07(6)A(2)" should be eliminated. This applies simply to the R-1 zoned properties. There is one unpaved driveway located in a C-2 zone. Councilman Barnette asked how they arrived at a figure of $1.25 a square foot. � FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 13 Ms. Dacy stated that last summer several driveway contractors were contacted, and a quote was received of $1.25 a square foot. Councilman Barnette stated that the bids he received for his driveway were considerably higher. Councilman Schneider asked if the $1.25 a square foot is still a realistic figure. Ms. Dacy stated that all the information she received was about that amount. Councilwoman Jorgenson stated that if the quote was for a minimum of thirty driveways, this may be the reason for a reduction in the cost. There was discussion on how a new property owner would know about this requirement. Councilman Schneider felt that anyone purchasing property would probably have an assessment search. Councilman Billings suggested that possibly this requirement could � be incorporated on the form used for an assessment search so prospective new owners would be aware that the driveway would need to be paved. MOTION by Councilwoman Bolkcom to waive the reading and adopt Ordinance No. 1098 on the second reading and order publication, with the following change: Delete the following words "as provided under Chapter 205.07(6)A(2)", under Section 110.02.1, Driveway Nuisance. Seconded by Councilman Schneider. Mr. Ralph Wedgewood, 5871 W. Moore Lake Drive, felt that the City should not wait five years to have the driveways paved. He felt this should be enforced immediately. For those persons who have a financial hardship, they should receive a waiver. Councilman Schneider stated that this has been a lengthy process. Hearings were held, and the five years was a compromise. There are some provisions for funding or deferment of the assessment. Mr. Wedgewood stated that people do not pave their driveways because they are derelicts. He hated to think that if someone is a big enough derelict that the City would give them money to accomplish what most citizens do on their own. The City then becomes a caretaker for the derelicts in the community. � Councilwoman Bolkcom stated that there are those on fixed incomes that this ordinance will affect. This is a huge inves�ment for some people. Mr. Wedgewood stated that he knows of cases where people have plenty of resources, but they do not keep up their property. � L J ' FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 14 Councilwoman Bolkcom stated that, hopefully, with the systematic code enforcement some of those issues can be addressed. Ms. Dacy stated that the funds are recovered, with interest, from the funding programs available. This really provides additional time to pay and a means to finance the improvement �o fit into a household's budget. Mayor Jorqenson stated that there are instruments in place. If a property owner does not keep up his property, the City can intervene and assess the costs to the owner. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. NEW HUSINESS: 19. RESOLUTION N0. 49-1997 AUTHORIZING THE ADVERTISEMENT FOR SIDS FOR RESIDENTIAL DRIVEWAY PAVING• Mr. Flora, Public Works Director, stated that this resolution gives staff the authorization to initiate the advertisement for bids to pave residential driveways. MOTION by Councilman Schneider to adopt Resolution No. 49-1997. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 20. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE E ra��i��u� IES FROM M-1, LIGHT INDUS Ms. McPherson, Planning Assistant, stated that the public hearing earlier this evening had covered eight properties to be rezoned from M-1 and M-2 to M-4. The Planning Commission has recommended that five of these eight properties be rezoned to M-4, If Council concurs with the Planning Commission recommendation, sites #2, 4, and 8 should be deleted from this proposed ordinance. These sites are the McGlynn, Coachman, and Northco properties. The five sites to be rezoned are the Everest Properties, Main Street; Anderson Trucking, Osborne Road; R.R.I., Inc., Ashton Avenue; Fn endly Chevrolet, Central Avenue; and Kurt Manufacturing, Central Avenue. The legal description for the existing Kurt Manufacturing facility also would need to be added to this ordinance for the second and final reading. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilman Schneider. MOTION by Councilman Billings to amend the ordinance by eliminating the following: Site No. 2, Lot 3, Block 1, Northco Susiness Park 2nd Addition; Site No. 4, all references to any part of Lot 3, Block 4, Commerce Park; and Site No. 8, all references to Lot 2, Block 4, Commerce Park. Seconded by Councilman Schneider. Upon a � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 15 voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Billings to amend the ordinance by adding the legal description for part of the Kurt Manufacturing site and direct staff to bring it back for the second reading of the ordinance. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. 21. FIRST READING OF AN ORDINANCE AMENDING SECTION 11.01 OF THE CITY CHARTER (REGARDING PUBLIC UTILITIES). Ms. Dacy, Community Development Director, stated that this amendment was suggested as part of the analysis regarding the impact of telecommunication facilities in the City. The amendment includes reference to other communication services or any other products or services the City, by ordinance, determines to be in the interests of the public. This amendment provides Council with the flexibility to pursue public ownership of the telecommunication facilities if it is in the interests of the public. Ms. Dacy stated that at the public hearing held on this proposed amendment there was testimony by one of the providers. The Charter Commission recommends approval of this amendment. Their attorney concurs, as suggested by our City Attorney. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 22. INFORMAi� STATUS REPORTS: Mr. Burns, City Manager, stated that in the conference session he would like to discuss the causeway lighting pro�ect on Highway 65 and the Maynard Nielsen property on East River Road. Ms. Dacy stated that staff brought forth a proposal for decorative lighting on Highway 65. The lighting would be an image and traffic safety enhancement for the City. This issue was discussed informally after the May 5 Council meeting. There was a request for accident history; however, MnDOT has not complied, as yet, with this request. There was also mention of a neighborhood meeting and a survey, as well as a list of other information and requests. She has been compiling information regarding the requests. Councilman Schneider stated that he is not necessarily opposed to this lighting, but he would like the neighborhood involved. � , � FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 16 Ms. Dacy stated that the option to Council and the HRA is to determine if they want to include this lighting in the bid specifications. Councilman Schneider stated that he wanted some public input before he made a decision. Councilwoman Bolkcom stated that Ann Pribula, 6880 East River Road, is anxious to return to her home on East River Road. Ms_ Pribula has been relocated because of the construction on East River Road. Despite promises from the contractor that she could return to her home by last Christmas, she still is not able to move back. She questioned if anyone from the City could assist Ms. Pribula in resolving this issue. Mayor Jorgenson stated that she has contacted the City's building official, Ron Julkowski, and understands that the contractor was going to try to finish this pro�ect in short order. Councilwoman Bolkcom stated that an outstanding issue is the bond for the landscaping. Ms. Pribula stated that she �ust wants to be able to move back into her home. Any asslstance would be appreciated. Councilman Billings stated that he wanted to make sure the confiict is not with City staff. He questioned if the contractor was licensed to do business in Fridley. He thought perhaps there is some way, through the licensing process, that the City can make sure he fulfills his promises to the residents. Mayor Jorgenson asked if the City required a bond, if a completion date could be stated and, if the landscaping is not completed, if the City would cash the bond. Ms. Dacy stated that she believed this could be done. She said that she would follow through on this issue with the building inspector and contact the contractor to see if they can resolve this problem. Councilman Billings stated that he has submitted a memorandum regarding the Northstar Corridor. The counties and cities along Highway 10 have initiated a study on traffic in that corridor and have applied for federal funding. One possibility is commuter rail between Minneapolis and 5t. Cloud. Amtrak is conducting some demonstration pro�ects around the nation. $100,000 has been raised to bring that Amtrak demonstration to the Twin Cities the week of July 1, 2, and 3. He would keep Council informed as plans develop in that corridor study. Mayor Jorgenson reminded the residents that this is `49er Days week. The celebration begins Wednesday, June 11 and runs through Sunday, June 15. The parade will be on Thursday evening. There will be a carnival next to the Municipal Center. She invited everyone to participate in this week's activities ' FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 1997 PAGE 17 ADJOURNMENT: MOTION by Councilman Sarnette to ad�ourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Frzdley City Council of June 9, 1997 ad�ourned at 9:22 p.m. Respectfully submitted, `� C/ Carolye Had����— ancy J. Jorgenson Secretary to the City Council Mayor � �