Loading...
11/22/2004 - 45780 0 0 � B OF ICIAL CITY_COUNCIL AGENDA CITY COUNCIL MEETING , NOVEMBER 22, 2004 � . F • � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22, 2004 7:30 p.m. - City Council Chambers Attendance Sheet Please �rint name address and item number vou are interested in. � � CITY COUNCIL MEETING OF NOVEMBER 22, 2004 CRY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATIONS: CenterPoint Energy Minnegasco Minneapolis Metro North Convention & Visitors Bureau APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 8, 2004 NEW BUSINESS: Receive the Minutes from the Planning Commission Meeting of November 3, 2004 ' ............................................................................ 1 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22, 2004 PAGE 2 _ APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Resolution Approving Recycling Service Fees - ................................................... 6 7 3. Resolution Providing for Sewer Rate Increases ................................................. 8- 9 4. Resolution Providing for a Storm Water Drainage Rate Change ...................................................................................... 10 - 11 5. Resolution Providing for Water Rate Change .................................................... 12 - 13 - 6. Resolution Requesting the Minnesota Department of Transportation to Conduct Regular Maintenance of their Rights of Way Within City Limits ............................................................ 14 - 15 7. Resolution Authorizing an Increase in Compensation and Changes in Certain Benefits for the 2005 CalendarYear .................................................................................................... 16 - 17 � 8. First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for - the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley .................................................................... 18 - 19 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22, 2004 _ PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Claims ....................................................................................................... 20 10. Licenses ....................................................................................................... 21 11. Estimates ....................................................................................................... 22 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes PUBLIC HEARINGS: 12. Consideration of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #04-02, by Creek Properties and Glen Harstad, to Rezone Properties Located at 7101 and 7151 Highway 65 from M-1, Light Industrial, to C-2, General Business) (1Nard 2) ............................................................................... 23 - 29 13. Consideration of the Proposed Assessment for the 2004 Nuisance Abatement (Continued � October 25, 2004) 30 - 31 .............................................................................................. � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22, 2004 PAGE 4 OLD BUSINESS: 14. Resolution Adopting the Assessment for the 2004 Nuisance Abatement (Tabled October25, 2004) .............................................................................................. 32 - 34 NEW BUSINESS: 15. Informal Status Reports ..................................................................................:.. 35 ADJOURN. MINUTES� OF THE FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2004 CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 8, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:35 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe MEMBER ABSENT: Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director, Deb Skogen, City Clerk Rebecca Brazys, Recording Secretary APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 25, 2004 APPROVED. OLD BUSINESS: 1. Ordinance No. 1198 to Amend the City Code of the City of Fridley, Minnesota, by Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, stated this is an exchange of a small parcel between the City and Brendan and Cheryl Klein, 1419 West Danube Drive. The exchange is being made to cure an encroachment on Farr Lake Park. A public hearing was held on this matter FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 2 OF 8 by the Planning Commission on October 6, 2004. After a brief discussion and no public opposition, the Planning Commission recommended approval of the land exchange befinreen the City and the Kleins. The Council approved the first reading of this ordinance at their October 25, 2004, meeting. Staff recommends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1198 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Receive Proposals and Award Contract for Design and Construction Administration Services for the Commons Park Filter Plant Upgrades. Dr. Burns, City Manager, stated the City received five responses from its request for proposals. After studying the proposals, staff recommends approval of a contract with Bonestroo, Rosene, Anderlik & Associates for a not to exceed cost of $152,750. THIS ITEM WAS REMOVED FROM CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Approve 2004-2005 Winter Snow Removal Policies and Procedures. Dr. Burns, City Manager, stated the plan identifies equipment and snow plowing procedures and is also available on the City's website. It establishes that Jeff Jensen, Street Supervisor, will determine when to call employees for snow removal. Normally City crews will begin plowing snow after a storm has ended. It also provides for the initial clearing of collector streets followed by clearing in ten residential districts. Whenever slippery conditions exist on City streets, the Police Department will notify the "on-call" person in the street division for the spreading of salt/sand at intersections and other icy areas. The plowing of collector streets typically takes four to six hours. Plowing of neighborhood streets takes another six to eight hours. Since specialized equipment is needed for the clearing of Fridley's eight-six cul-de-sacs and thirty-five dead-end streets, clearing of these areas will typically occur toward the end of the twelve to sixteen hour plowing cycle. As streets are plowed, we will also be plowing improved alleys and municipal parking lots. While we plow concrete sidewalks, we do not plow asphalt bikeways. Beginning November 1 and ending April 1, Dr. Burns explained, all vehicles must be off City streets befinreen the hours of 2:00 a.m. and 6:00 a.m. Also, all vehicles must be off City streets whenever snow plowing is necessary. For a major snow storm (over 9" of snow) a snow emergency plan will be enacted. This means that crews will work in twelve hour shifts. An initial pass will be made on each street before clearing from curb to curb. Dr. Burns also pointed out that University Avenue, Highway 65 and I-694 are the responsibility of the State. Anoka County has responsibility for East River Road, the 44th Street bridge, Main Street north to 57th Avenue, 57t" east to University Avenue, 49tn FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 3 OF 8 Avenue befinreen Main Street and University Avenue, Mississippi Street, Osborne Road and Old Central. Staff recommends Council's approval. APPROVED. 4. Resolution No. 2004-66 for Agency Agreement between the City of Fridley and the Minnesota Department of Transportation. Dr. Burns, City Manager, stated this agreement makes it possible for Fridley to receive federal funds for highway projects that are consistent with the State's Transportation System Plan. In particular, it will enable us to get federal funding for a portion of the 85t" Avenue bikeway as well as future projects for which the City seeks federal funding. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-66 5. Resolution No. 2004-67 Approving and Authorizing Signing an Agreement for Police OfFicers of the City of Fridley Police Department for the Years 2004 and 2005. Dr. Burns, City Manager, stated this is a finro-year contract covering both 2004 and 2005. It provides for a 3% wage increase in each year of the contract. It also provides that those assigned to duties as Field Training Officers will receive a minimum of two hours overtime or compensatory time for overtime worked beyond the normal shift. Prior to this contract, they had received 1'/2 hours for any overtime worked as Field Training Officers. There are no other changes. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-67 6. Approve Agreement for Legat Services between the City of Fridley and Newquist & Ekstrum, Chartered, and Carl J. Newquist. Dr. Burns, City Manager, stated this agreement replaces a three-year agreement that provided $90 an hour for prosecution services. The new agreement also covers three years and provides for $95 an hour in 2005, $97 an hour in 2006 and $99 an hour in 2007. It also provides for $37 an hour for a law clerk and reimbursement of costs for subpoena services incurred by the firm. There are no other changes. Staff recommends Council's approval. APPROVED. 7. Appointment. Dr. Burns, City Manager, stated staff recommends the appointment of Julie Jones to the Planning Coordinator position recently vacated by Paul Bolin upon his appointment as Assistant HRA Director. Julie has been with the City since January of 1997. Prior to FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 4 OF 8 - her work in Fridley, she served as environmental planner for the City of Edina. Before - that, Ms. Jones was Housing and Redevelopment Director for the City of Brooklyn Park. She has a B.S. Degree in Housing from the University of Minnesota. Julie was selected from among 18 candidates who applied for the position. Staff recommends Council's approval. APPROVED. 8. Claims: 118906 —119113 APPROVED. 9. Licenses. APPROVED AS SUBMITTED AND AS ON FILE. 10. Estimates. Approved the following estimates: Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 2004 Street Improvement Project No. ST. 2004 —1 FINAL ESTIMATE ............................................................... $ 17,057.41 Hardrives Inc. 14475 Quiram Drive Rogers, MN 55374-9461 2003 Street Improvement Project No. ST. 2003 — 1 FINAL ESTIMATE ............................................................... $ 38,202.05 Natgun Corporation 11 Teal Road Wakefield, MA 01880 Marian Hills Reservoir Construction Project No. 356 Estimate No. 2 ...................................................................... $350,887.25 APPROVED. FRIDLEY CITY COUNCIL MEETING. NOVEMBER 8, 2004 PAGE 5 OF 8 Mayor Wolfe requested that Item 2 be removed from the consent agenda. MOTION by Councilmember Barnette, seconded by Councilmember Billings, to approve the consent agenda with the removal of Item 2. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to approve the agenda with the addition of Item 2. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORSI: Consideration of items not on the agenda — 15 minutes. Don Anderson, 7304 West Circle, commented on remarks made by Mr. Eisenzimmer at a previous Council meeting and he expressed his support for Mayor Lund and Councilmember Barnette on their re-election. PUBLIC HEARING: 11. Consideration of an Application for an On-Sale Intoxicating Liquor License for Applebee's Neighborhood Grill and Bar Located at 5277 Central Avenue N.E. (Ward 1). MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPEN AT 7:45 PM. Ms. Skogen, City Clerk, stated this business will be located on the old Ground Round site. The Ground Round building has been torn down and a new building is currently under construction. The Public Safety department has reviewed this license request and found no reason to deny it. Staff provided Applebee's with a copy of the code and, at this time, Applebee's is not requesting a 2:00 a.m. endorsement. Applebee's plans to open January 24. The notice of public hearing for this matter was published in the Fridley Focus on October 28. The final approval of the license request will be scheduled for the November 22 meeting. The license will be held until staff has the surety bond, insurance, and certificate of occupancy. Mel Laughlin, General Manager, and Evelyn Whitson, Area Director, were present to represent Applebee's. FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8. 2004 PAGE 6 OF 8 Councilmember Billings asked if this is a franchise operation, how many stores Applebee's has in the Twin Cities, whether or not there is another Applebee's location also going up in St. Anthony, what kind of operation this will be and whether or not there will be entertainment. Ms. Laughlin responded it is corporately owned and the corporate headquarters are located in Kansas City. There are a total of 63 Applebee's locations in the state. She said there currently is a new Applebee's under construction in St. Anthony. She stated this is a restaurant and bar and there will be no entertainment. They will have four televisions running, but without sound. Councilmember Billings pointed out that the City requires there be a ratio between food and liquor of 40% food and 60% liquor. Ms. Laughlin stated the grand opening is scheduled for January 24. The restaurant will seat 169 and will employ 90 people. She stated she has been the general manager for the Calhoun Square Applebee's for the past year and a half and has worked for Applebee's for three years. Councilmember Billings also stated the City requires all managers be licensed. If management staff changes during the year, they must apply when the change is made, not at license renewal time. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 7:00 PM. 2. Receive Proposals and Award Contract for Design and Construction Administration Services for the Commons Park Filter Plant Upgrades. Mayor Lund questioned why staff is recommending this contract be awarded to the high bidder which came in $18,000 higher than the next bid. Mr. Haukaas, Public Works Director, explained that staff met with each firm submitting a proposal. One of the things they take into consideration is past experience with the firms. In putting their bid together, they made it clear that the price is a"not to exceed" quote. On the lower proposal the cost for construction administration is merely an estimate. He felt more comfortable having a definite cap on the costs. There are a number of things throughout the proposal that made them come to this recommendation including the experience level with this type of work and with the City's system. Mayor Lund asked if there is a requirement that the City take the lowest bid. FRIDLEY CITY COUNCIL MEETING NOVEMBER 8 2004 PAGE 7 OF 8 Mr. Haukaas responded it is not required under a professional services agreement. This project is a conglomeration of several small projects that needed to be done, including new chemical feed equipment for the removal of radium to meet new EPA regulations, replacement or rehabilitation of filter media in all seven of the filter tanks in that plant, upgrades to the backwash electronics, and upgrades to valves and a�tuators which should have been upgraded in 1988. The whole building needs a new roof, repainting of all piping and equipment. This is another reason staff recommended the contract go to Bonestroo, Rosene, Anderlik & Associates because they are a full service firm and can cover all of these different aspects. Mayor Lund asked if some of the work was necessary because of government mandates. Mr. Haukaas explained the primary project is as a result of changes in the EPA changing radium level requirements for drinking water. The other projects are standard upgrades. The costs for these projects will come out of the water enterprise fund. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to receive the proposal and award the contract for design and construction administration services for the Commons Park filter plant upgrades to Bonestroo, Rosene, Anderlik & Associates in an amount not to exceed $152,750. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 12. Informal Status Reports. Councilmember Billings commented that since moving into Fridley in 1981, there has been an undertone that somehow the taxpayers of Fridley were not told the truth about Springbrook. While he voted for the Springbrook referendum, he is very disappointed because he thought this would be an opportunity to clear the air on this whole issue. He stated he is very disappointed in the leadership of the Springbrook Nature Center Foundation. He stated he through this campaign, they have convinced him that the leadership cannot be trusted and he no longer has respect for the leadership of that organization. The literature they distributed is filled with lies. Mayor Lund commented that because of different interpretations, a lot of the comments may not have been intentionally misleading. Councilmember Billings stated they specifically led their volunteers down the wrong path of what to say to people instead of telling the truth. FRIDLEY CITY COUNCIL MEETING NOVEMBER 8 2004 PAGE 8 OF 8 Councilmember Wolfe commented that he feels Council failed miserably in educating people about the truth of the Springbrook situation. He asked if voters can challenge the outcome of the vote. Mr. Knaak, City Attorney, responded that Chapter 5 of the City Charter indicates that to begin a process to seek to amend this would require a minimum of 10% of the total number of registered voters. Mayor Lund, City Attorney, stated there were numerous discussions at Council meetings regarding this matter so he did not agree that the Council failed to inform the citizens. Councilmember Barnette felt the voters have an obligation to find out what the referendums are about. He also stated it needs to be made clear that this is a City park and that the City makes decisions on how the park will be used. He added he was more disappointed in the vote on the utility rate referendum. It is very difficult for a City to give the facts on an issue and not appear bias. Councilmember Billings stated again that he is pleased with the outcome of the Springbrook vote, but disappointed in the manner in which the campaign was run. Mayor Lund stated the second annual spaghetti dinner fundraiser for the Springbrook Nature Center Foundation is scheduled for Saturday, November 13, at 6:00 p.m. at St. William's. ADJOURN MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:20 PM. Respectfully submitted by, Rebecca Brazys Scott J. Lund Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION NOVEMBER 3. 2004 CALL TO ORDER Chairperson Savage called the November 3, 2004, meeting of the Planning Commission to order at 7:30 p.m. ROLL CALL Members present: Members absent: Barbara Johns, Larry Kuechle, Diane Savage, Dean Saba, Leroy Oquist and Brad Dunham. David Kondrick Others present: Stacy Stromberg, City Planner Rebecca Brazys, Recording Secretary Karen Sorenson, Creekside Properties Curtis Sorenson, Creekside Properties Herald Koskiniemi, Creekside Properties Sandy Koskiniemi, Creekside Properties Pam Reynolds, 1241 Norton Avenue, Fridley APPROVE PLANNING COMMISSION MINUTES — October 6, 2004 MOTION by Mr. Saba, seconded by Mr. Kuechle, to approve the minutes of the October 6, 2004 Planning Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: Consideration of a rezoninq, ZOA #04-02, bv Sandra Koskiniemi and Glen Harstad, to rezone the properties located at 7101. 7103 and 7151 Hiqhwav 65, from M-2 Liqht Industrial to C-2 General Business. Rezoninq the properties will allow the current use to conform to the zoninq code requirements. MOTION BY Mr. Oquist, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:34 PM. Ms. Stromberg explained that Creekside Properties, owner of 7101 Hwy 65 and Glen Harstad, owner of 7151 Hwy 65, are requesting to rezone their properties from M-1 Light Industrial to C-2 General Business. Rezoning their properties will allow the current uses to conform to the zoning code requirements. Ms. Stromberg stated that staff advised the owner of the building located at 7101 Hwy 65 to apply for the rezoning as a result of a conflict between an existing tenant, who needed zoning compliance sign-off, and the M-1 Light Industrial zoning district regulations. 1 � CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 3, 2004 Page 3 of 5 (It Figures) and the M-1 zoning code requirements, staff was unable to sign-off. City staff then suggested that the best way to resolve this use conflict for this particular tenant and the other tenants in the building would be to rezone the property to C-2, which is the current use of the property. In order to accomplish a successful rezoning, the lot at 7151 Hwy 65 would also need to be rezoned. It should also be noted that these properties will remain as they exist today; there are no current plans to make changes to either of the properties. Ms. Stromberg stated the City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to rezone property from one designated use to another so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designates this area as "Redevelopment." While these properties aren't being redeveloped, they are eliminating incompatible land uses by correcting the current use of the property to the zoning regulations. Ms. Stromberg explained that Comfort Homes, located at 7151 Hwy 65, has a special use permit to allow a trailer sales lot, which is required in the M-1 zoning district, as well as the C-2 zoning district. It would be beneficial to include as part of this rezoning request, the transfer of the special use permit on this property from the M-1 zoning to the C-2 zoning to keep this property in conformance. Staff would recommend that the Planning Commission note this in their motion, if the rezoning is approved. Ms. Stromberg stated City Staff recommends approval of this rezoning request because the proposed zoning will allow the current use of the properties to conform to the zoning code requirements. City Staff recommends approval of a special use permit transfer for the property at 7151 Hwy 65 to allow an agency that sells and displays manufactured homes. Sandy Koskiniemi, Creekside Properties, stated this issue came up when one of the tenants in their building wanted to put up some signage for his business. She explained they were not aware when they purchased the building that their tenancy doesn't fit the current industrial zoning. Pam Reynolds, 1241 Norton Avenue, which is behind the property in question. She questioned whether this would constitute spot zoning since the rest of the properties around this site are zoned M-1. Ms. Stromberg responded that rezoning these properties would not constitute spot zoning as it is an extension of the commercial district and the current uses are commercial in nature. Ms. Reynolds then asked why 7151 Hwy 65 would continue to need a special use permit with the proposed rezoning. Ms. Stromberg explained that a special use permit is required in an industrial or commercial district for an agency that sells manufactured homes. Ms. Johns asked if Chopper City also has a special use permit. Ms. Stromberg replied that they do. MOTION by Mr. Saba, seconded by Mr. Kuechle, to close the public hearing. 3 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 3, 2004 Page 4 of 5 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE PUBLIC HEARING CLOSED AT 7:50 PM. Mr. Saba commented that he doesn't consider this request to be spot zoning as it conforms to what surrounds the property and makes sense. Mr. Kuechle stated he agrees with Mr. Saba particularly since it is located along a busy highway, the businesses are of a commercial nature and doesn't consider it spot zoning. MOTION by Mr. Saba, seconded by Mr. Kuechle, to recommend approval of rezoning ZOA #04- 02 by Sandra Koskiniemi & Glen Harstad to rezone the properties located at 7101, 7103 and 7151 Highway 65 from M-1 Light Industrial to C-2 General Business along with the recommendation that the special use permit on 7151 Hwy 65 be transferred. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Receive the minutes of the September 13, 2004 Parks & Recreation Commission meetinq. MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the October 19, 2004 Environmental Qualitv � Enerqv Commission meetinq. MOTION by Ms. Johns, seconded by Mr. Kuechle, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: 4. Approve the 2005 Planninq Commission meetina dates. Ms. Stromberg presented the following for the proposed 2005 Planning Commission meeting dates: January 5 & 19 February 2 & 16 March 2 & 16 April 6 & 20 May 4 & 18 June 1 & 15 July 6 & 20 August 3 & 17 �� � CITI' OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 3, 2004 Page 5 of 5 September 7 & 21 October 5 & 19 November 2 & 16 December 7 & 21 MOTION by Mr. Kuechle, seconded by Mr. Oquist, to approve the proposed 2005 Planning Commission meeting dates as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Stromberg stated the next regular Planning Commission meeting will be November 17. Ms. Stromberg also reported that the fourth and final housing forum is scheduled for Thursday, November 18. ADJOURN: MOTION by Mr. Oquist, seconded by Mr. Kuechle, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE MEETING ADJOURNED AT 7:52. Respectfully submitted by, � �� � � �1e'� �� Rebecca Brazys Recording Secretary 5 � � arr aF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 22, 2004 Date: November 18, 2004 � To: William Burns, City Manager�� From: ect: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator SWAP Fee Increase Background Fridley's curbside recycling contract costs will increase 10% on April 1, 2005, when the new revenue sharing contract arrangement with BFI begins. Also, a slight reduction in (State) SCORE funding is expected in 2005 as more funds are shifted to the faster growing communities. In order to help alleviate this gap between increased expenses and lower revenues, the City needs to raise the recycling rate charged to residents the maximum percentage allowed, which is 1.7%. A 1.7% increase in the recycling service fee on resident's utility bills raises the fee from $6.06/quarter to $6.16/quarter. This is a$.40 annual increase per residence. Even if the proposed fee increase is implemented, there will still be a shortage of revenues to cover the expense of recycling services in 2005. Depending on a number of variables, this funding gap is projected to be somewhere between $5,000 and $15,000. It is possible that the City could use a portion of the curbside recycling revenues at the end of the year to offset the gap in funding. Recommendation Staff recommends that the City Council adopt the attached resolution, directing staff to increase the SWAP recycling service fee to $6.16/quarter effective with the January l, 2005, utility billing. M-04-147 �� RESOLUTION NO. _-2004 A RESOLUTION APPROVING RECYCLING SERVICE FEES WHEREAS, State Statute 115A.552, Subdivision 2, requires the City of Fridley to provide, at minimum, curbside recycling services; and WHEREAS, the City of Fridley has chosen to provide Fridley residents with recycling services, including curbside recycling; and WHEREAS, the State provides only partial funding to subsidize the City's recycling efforts so that the remaining costs must be paid by the user of such services; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that the per dwelling unit service fee charged to all single through 12-unit multi-unit residential buildings serviced by the City's residential recycling service contract in the City be set at $6.16 per dwelling per quarter effective with the January 1, 2005, utility billing. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 2004. ATTEST: DEBRA A. SKOGEN — CITY CLERK fl SCOTT J. LUND - MAYOR r � CfTI( OF FRIDLEY TO: FRO�I.• SUBJECT: AGENDA ITEM COUNCIL MEETING OF NOVEMBER 22, 2004 WILLIAM W. BURNS, CITY MANAGER ��� RICHARD D. PRIBYL, FINANCE DIRECTOR � SEWER RATE INCREASE FOR 2005 Date: November 18, 2004 As part of the budget work done this year, we indicated that the Sewer Utility Fund would require a rate increase for 2005. Even with this rate increase we are projecting this fund to end the year with an operating deficit. We are recommending an increase for 2005 in the amount of 1.7 % based on the local initiative that limited the amount we can raise the rates. We are recommending that the sewer rates be increased to $2.45 per thousand gallons. This increase would be effective the first billing in January of 2005. Staff is recommending the sewer rate change for 2005. RDP/me Attachment E�j RESOLUTION NO. _ - 2004 RESOLUTION PROVIDING FOR SEWER RATE INCREASES WHEREAS, Section 402.13 of the City code provides that the City Council shall have the authority to set sewer rates, and Whereas, based on the increases of disposal of sanitary sewer costs, the rate increase of 1.7% is being passed through to the sanitary sewer utility customers. NOW THEREFORE, BE IT RESOLVED, that the following sewer rate schedule shall be effective with the first billing in January, 2005. PROPERTY CLASS "Single Family" Dwelling (including Townhomes) CommerciallIndustrial Non-Profit Entity including schools Multiple Dwellings (including Trailer Courts) Qualifying Disable and Senior Citizens CONSUMPTION $ASIS Winter Quarter Water Usage Current Quarter Water Usage Current Quarter Water Usage Winter Quarter Water Usage Winter Quarter Water Usage MINIMUM C.'HARGE $29.40 $61.25 $61.25 $61.25 Maximum of $24.50 MINIMUM ('ONSUMPTION 12,000 Gallons 25,000 Gallons 25,000 Gallons 25,000 Gallons No Minimum — Maximum of 10,000 Gallons All consumption in excess of the minimums stated above will be charged at a rate of $2.45 per thousand gallons. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22nd DAY OF NOVEMBER, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK �� SCOTT J. LLJND - MAYOR � i/ AGENDA ITEM � COUNCIL MEETING OF NOVEMBER 22, 2004 CfTY OF FRIDLEY TO: WILLIAM W. BURNS, CITYMANAGER �I° � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR � SUBJECT: STORM WATER RATE INCREASE FOR 2005 Date: November 18, 2004 As part of the budget work done this year, we indicated that the Storm Water Fund would require an increase for 2005. This fund is projected to be operating at a loss without an increase. We are recommending an increase for 2005, but because of the local initiative we are limited to an increase of 1.7%. We are recommending that the REF factor be increased to $9.36 per quarter. You might recall that a residential lot was defined to be 1/3 of an REF acre. The quarterly cost for storm water would then be $3.12 per quarter for a residential lot. This increase would be effective the first billing in January, 2005. Staff is recommending the storm water rate change for 2005. RDP/me Attachment 10 RESOLiJTION NO. - 2004 RESOLUTION PROVIDING FOR A STORM WATER DRAINAGE RATE CHANGE WHEREAS, Section 402.13 of the City Code provides that the City Council shall have the authority to set the storm water drainage fee by resolution, and Whereas, the expenses associated with the maintenance of the storm water system have increased, and WHEREAS, the City has indicated a desire to provide for proper maintenance and improvements to the storm water drainage system, and WHEREAS, both the maintenance and improvements have been outlined in the City's Budget and Capital Improvement Program, and WHEREAS, the new rate is to be effective with the January, 2005 billing. NOW THEREFORE, be it resolved, that the following storm water drainage rate for all customers shall be $9.36 per quarter per REF-acre. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22na DAY OF NOVEMBER, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 11 � � Qi7 OF FRIDLEIf TO: FROM: SUBJECT: AGENDA ITEM COUNCIL MEETING OF NOVEMBER 22, 2004 WILLIAM W. BURNS, CITYMANAGER I° � RICHARD D. PRIBYL, FINANCE DIRECTOR WATER RATE INCREASE FOR 2005 � Date: November 18, 2004 As part of the budget work done this year, we indicated that the Water Fund would require a rate increase for 2005. This fund is projected to end the year of 2005 with an operating defcit even with the requested rate increase. We axe recommending an increase for 2005, but because of the recent local initiative to limit the amount we can increase the rates, it will be limited to 1.7%. We axe recommending that the water rates be increased to $1.12 for the consumption under 5,000,000 gallons and $1.17 for consumption over 5,000,000 gallons per quarter. This increase would be effective the first billing in Januaxy of 2005. Staff is recommending the water rate change for 2005. RDP/me Attachment 12 RESOLUTION NO. - 2004 RESOLUTION PROVIDING FOR WATER RATE CHANGE WHEREAS, Section 402.13 of the City Code provides that the City Council shall have the authority to set water rates by resolution, and WHEREAS, increases in operating costs since the last water rate increase in 2004 have necessitated an increase in rates limited to an increase of 1.7%. WHEREAS, the rates are to be effective with the 7anuary, 2005 billing. NOW THEREFORE, be it resolved, that the following water rate schedule for all customers except those qualifying for the low income senior citizen and disabled citizen rate shall be as follows: WATER RATE SCHEDULE 0 - 5,000,000 $1.12/1,000 GaUMinimum $13.44 OVER - 5,000,000 $1.17/1,000 Gal BE IT FUR'fHER RESOLVED, that the City Council hereby provided a reduced rate schedule for qualifying low income senior citizens and disabled citizens as follows: SENIOR CITIZEN RATE SCHEDULE 0 - 5,000,000 $.83/1,000 Gal/Minimum $9.96 The following criteria must be set to qualify for the low income senior citizen rate: 1. The senior citizens must occupy single family or double bungalow units. The senior citizen rate does not apply to apartments, commercial, industrial, institutional, or other. 2. The customer or person having responsibility for payment of the water charge must be sixty two years of age or older and must provide a copy of a valid Minnesota Driver's License or receipt thereof, or a Minnesota Identification Card or a receipt thereof with current address for proof of age. 3. The person must certify that the total household income is less than the low income level defined by the Department of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's Federal Tax Form. The following criteria must be met in order to qualify for the low income disabled citizen rate: 1. Disabled citizens must provide a copy of an award letter from the Social Security Administration indicating that the individual is one hundred percent (100%) disabled. 2. The person must certify that the total household income is less than the low income level defined by the Department of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's Federal 1040 Tax Form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22°d DAY OF NOVEMBER, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LLJND - MAYOR 13 � � CffY OF FRIDLE'Y AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 22, 2004 TO: FROM: SUBJECT: DATE: The Mayor and Council ,� ry� William W. Burns, City Manager f�' MnDOT Right of Way Maintenance November 19, 2004 At Council's request, I contacted all Minnesota cities that were connected to the League of Minnesota Cities "list serve." In contacting them, I asked them to take part in the following activities: 1. 2. 3. 4. Passage of a resolution requesting MnDOT to conduct regular maintenance of their rights of way within city limits. Seek a meeting of at least six mayors with the Governor to discuss this issue. Send copies of their resolution to each member of their legislative delegation. Inquire about right of way maintenance on the Governor's Friday morning radio show on WCCO. Thus faz I have heard from about twenty cities. Eight of the city councils including those in Anoka, Falcon Heights, Robbinsdale, Brooklyn Center, White Bear Lake, Montevideo, Roseville and Buffalo have passed the resolution before you tonight. I expect to receive resolutions from several other cities prior to December 10. On Monday, November 22, I respectfully request that the Fridley City Council also adopt the attached resolution. Thank you. Attachment 14 RESOLUTION NO. 2004 - RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO CONDUCT REGULAR MAINTENANCE OF THEIR RIGHTS OF WAY WITHIN CITY LIMITS WHEREAS, as maintenance of government property and facilities is important to the image of Minnesota cities; and WHEREAS, Minnesota cities are responsible for enforcement of property maintenance codes that pertain to the mowing of grass, the abatement of noxious weeds, the placement of trash and junk in yards and the maintenance of fences; and WHEREAS, the State of Minnesota has many miles of highways running through Minnesota cities; and WHEREAS, the rights of way along these highways are characterized by infrequent mowing, uncollected litter, the presence of noxious weeds and dilapidated fences and guard rails; and WHEREAS, as the Minnesota Department of Transportation has cut a very large percenta.ge of their right-away maintenance staff over the last ten years; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley hereby formally requests that the State of Minnesota and the Minnesota Department of Transporta.tion provide immediate support for maintenance for all fences and guard rails on State and Interstate highways, including highway ramps, that traverse Minnesota cities; BE IT FURTHER RESOLVED that the City Council of the City of Fridley also formally requests that the Minnesota Department of Transportation provide for weekly mowing of State rights-of-way, or alternatively, that they reimburse Minnesota cities for the labor, supplies and equipment necessary to maintain State rights-of-way in a manner that is consistent with local ordinances governing the upkeep of private property. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 2004. DEBRA A. SKOGEN — CITY CLERK 15 SCOTT J. LUND — MAYOR 0 � � CfTY OF FRIDLE7 To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETiNG OF NOVEMBER 22, 2004 William W. Burns, City Manager � � �, vl Deborah K. Dahl, Human Resources Director � November 10, 2004 Compensation Adjustments In order to prepare the final figures for the Personal Services portion of the 2005 budget, it will be necessary for the City Council to approve any adjustments to salaries, benefits and other forms of - compensation for 2005. 0 0 I recommend the following for full- and part-time City employees: 1. A genera.l increase of 3.0 percent in salaries. 2. An increase of 3.0 percent in automobile allowances, where applicable. Please present the attached resolution to the City Council at their November 22, 2004, meeting. Thank you for your attention to this matter. dkdJrsc Attachment � RESOLUTION NO. 2004 - RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR THE 2005 CALENDAR YEAR WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley City employees within budgetary constraints; and WHEREAS, the City of Fridley intends to comply with the Minnesota Local Government Pay Equity Act; and VVHEREAS, the City Council and City staff have reviewed the City's financial position as well as economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments and changes be authorized for non-union employees of the City of Fridley, effective January l, 2005: 1. A general increase of 3.0 percent in non-union employee salaries. 2. An increase of 3.0 percent in automobile allowances, where applicable. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 17 � . � CfIY f}F FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 22, 2004 William W. Burns, City Manager Deborah K. Dahl, Human Resources Director �� November 10, 2004 2005 Council Salaries Attached for first reading is an ordinance to increase Council salaries by three percent (3%) effective January 1, 2005. The ordinance was prepared pursuant to Chapter 2.07 of the Fridley - City Charter. The annual salaries for the Mayor and Councilmembers during 2005 shall be as follows: 0 0 Mayor: $9,926.07 Councilmember-at-Large: $ 8,153.16 Councilmember, Ward I: $ 7,208.17 Councilmember, Ward II: $ 7,208.17 Councilmember, Ward III: $ 7,208.17 Staff recommends Council's approval of the first reading of this ordinance. Attachment : ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADN5TMENT OF SALARIES FOR TI� MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF TI� CHARTER OF THE CITY OF FRIDLEY The City Council of the City of Fridley does hereby ordain as follows: The annual salaries for the Mayor and Councilmembers during 2005 and subsequent years shall be as follows: Mayor $9,926.07 Councilmember-at-Large $8,153.16 Councilmember, Ward I $7,208.17 Councilmember, Ward II $7,208.17 Councilmember, Ward III $7,208.17 In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-time authorized employees of the Ciry of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2004• ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: Second Reading: Publication: 19 SCOTT J. LUND - MAYOR E AGENDA ITEM �` COUNCIL MEETING OF NOVEMBER 22, 2004 crrr aF FRIDLEY CLAIMS 119116 -119398 Zo � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 22, 2004 Tvne of License FOOD ESTABLISHMENT Applebee's 5277 Central Av. Fridley, MN 55421 LICENSES � Carin Lee Stutz INTOXICATING LIQUOR LICENSE Applebee's Carin Lee Stutz 5277 Central Av. Fridley, MN 55421 CHRISTMAS TREE SALES LOT Bob's Produce Robert Schroer 7620 University Av. Fridley, MN 55432 21 Approved By• Comm. Dev. Director Fire Inspector Public Safety Director Comm. Dev. Director Fire Inspector Public Safety Direetor Comm. Dev. Director Fire Inspector Public Safety Director 0 0 � 0 � AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 22, 2004 `� °F ESTI MATES FRIDLEIf Ron Kassa Construction, Inc. 6005 — 250�' East Elko, MN 55020 2004 Miscellaneous Concrete Repair Project No. 355 Estimate No. 4 ....................................................................................... $21,520.16 I�'1 � - AGENDA ITEM �' CITY COUNCIL MEETING OF NOVEMBER 22, 2004 CRY OF FRIDLEY Date: November 16, 2004 n, To: William Burns, City Manager� �1 �a" From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Rezoning Request, ZOA #04-02, Creekside Properties and Glen Harstad M-04-146 INTRODUCTION Creekside Properties, owner of 7101 Hwy 65 and Glen Harstad, owner of 7151 Hwy 65, are requesting to rezone their properties from M-1, Light Industrial to C-2, General Business. Rezoning their properties will allow the current uses to conform to the zoning code requirements. Staff advised the owner of the building located at 7101 Hwy 65, that one alternative solution to resolve an existing inconsistency in zoning on their property would be to apply for the rezoning. Currently, there is a zoning conflict befinreen existing tenants, and the M-1, Light Industrial zoning district regulations. In order to avoid spot zoning and to accomplish a successful rezoning, both of the properties at 7101 and 7151 Hwy 65 would need to be rezoned. Therefore, staff and Creekside Properties consulted Don Harstad, owner of 7151 Hwy 65, to see if he was interested in having his property rezoned to C-2, Genera� Business. Mr. Harstad determined that it was the right decision for his property, thus the rezoning request from both Creekside Properties and Glen Harstad. PLANNING COMMISSION RECOMMENDATION At the November 3, 2004, Planning Commission meeting, a public hearing was held for ZOA #04-02. After a brief discussion, the Planning Commission recommended approval of rezoning request, ZOA #04-02. THE MOTION CARRIED UNAMIOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 23 City of Fridiey Land Use Application ZOA #04-02 November 3, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Creekside Properties Sandra Koskiniemi 7101 Hwy 65 Fridley MN 55432 Glen Harstad 7151 Hwy 65 Fridlev MN 55432 Requested Action: Rezone property from M-1 to C-2. Existing Zoning: M-1, Light Industrial Location: 7101 Hwy 65 and 7151 Hwy 65. Size: 7101 Hwy 65 37,125 sq. ft. 7151 Hwy 65 51,810 sq. ft. Existing Land Use: 7101 Hwy 65 — Multi-use commercial/office building. 7151 Hwy 65 — Comfort Homes. Surrounding Land Use & Zoning: N: Chopper Ciry & G2 E: Townhomes/Apartment Bldg. & R-3 S: Office/Retail Building & C-2 W: Hwy 65 & ROW Comprehensive Plan Conformance: Consistent with Plan. Zoning History: 7101 Hwv 65: 1949 — Lot is platted. 1960 — Building permit issued for an office warehouse. 1972 — Addition to building. 1974 — Storage building constructed. 7151 Hwv 65: 1949 — Lot is platted. 1969 — Building permit issued for a Trailer Sales office. 24 Legal Description of Property: 7101 Hwy 65: The west 270 feet of Lot 4, Auditors Subdivision #89. 7151 Hwv 65: The west 375 feet of Lot 3, Auditors Subdivision #89. SUMMARY OF REQUEST Creekside Properties and Glen Harstad are seeking to rezone their properties, which are located at 7101 and 7151 Hwy 65, from M-1, Light Industrial to C-2, General Business. SUMMARY OF ANALYSIS City Staff recommends approval of this rezoning request. • Proposed rezoning will allow the current use of the properties to conform to the zoning code requirements. Council Action / 60 Day Date: November 22, 2004 / November 29, 2004 Staff Report Prepared by: Stacy Stromberg ZOA #04-02 REQUEST Creekside Properties, owner of 7101 Hwy 65 and Glen Harstad, owner of 7151 Hwy 65, are requesting to rezone their properties from M-1, Light Industrial to C-2, General Business. Rezoning their properties will allow the current uses to conform to the zoning code requirements. Staff advised the owner of the building located at 7101 Hwy 65, that one alternative solution to resolve an existing inconsistency in zoning would be to apply for the rezoning as a result of a conflict between an existing tenant, who needed a zoning compliance sign-off, and the M-1, Light Industrial zoning district regulations. In order to avoid spot zoning and to accomplish a successful rezoning, both of the properties at 7101 and 7151 Hwy 65, would need to be rezoned. Therefore, staff and Creekside Properties consulted Don Harstad, owner of 7151 Hwy 65, to see if he was interested in having his property rezoned to C-2, General Business. Mr. Harstad determined that is was the right decision for his property, thus the rezoning request from both Creekside Properties and Glen Harstad. SITE DESCRIPTION AND HISTORY The property at 7101 Hwy 65 is zoned M-1, Light Industrial, and has been since that late 1950's. The property was developed in 1960, when an office/warehouse building was constructed. In 1972, an office addition was constructed and in 1974, a warehouse building was constructed. Since 1974, at least 3 building permits have been issued to remodel existing storage space into office space. It appears that over the years, the use of this building has been changed to accommodate office and retail uses, such as a contractor's office, tax serves, realty services, attorney's office, barbershops and more recently Esquire hair and tanning salon and It Figures. 25 � 0 ,.�...� � � � � • wW.xv� � — � a. _ �. �� ,,, �; � ,� R �' "} �-". �� .7;,s,s,r ,� a�°. °� _ �i � � ;��c§ � ( � .: , ' ,.. � �.� } � — . w . . •- a n'�?�` � w�,.� �_ , �`._' �: � ��:� . ^.w � �:'. . utl�li .ac � f, � . t us � i �� � i: y-v �t��� �:�,,. �� '� �. =: f'� �, �.� �„ :�,.��,��x�'.n�`_:; �.. '.e""�"�'H-�i. ' r �.� . :u� _ .. .. - 13; : !'7"�wq"",�y� � The property at 7151 Hwy 65 is also zoned M-1, Light Industrial and has been since the late 1950's. In 1969, a building permit was issued for a Trailer Sales lot and as a result . a special use permit was granted to operate a Trailer Sales lot. At that time, the special use permit was granted for a 3 year period. In 1971, the property owner sought a rezoning to commercial, which was denied because it was felt that although this area should have a commercial zone, they wanted to wait for a more permanent business to locate on the site. In 1974, a SUP was granted to operate a Trailer Sales lot for 5 years and in 1980 an additional SUP was granted with no time limit or review unless there was a change in use. The property has remained a Trailer Sales lot since 1980 and is currently Comfort Homes. ANLAYSIS In 1989, the City Council approved a rezoning for 7191 Hwy 65 from M-1, Light Industrial and R-3, General Multiple Units, to C-2, General Business. Currently, this is where Chopper City Sports is located. In 1990, City staff met with the remaining property owners between the railroad tracks and 72nd Avenue, in an attempt to have them file a joint rezoning application for the entire block. The reason for the meeting was because all of the uses within that corridor were generally office and retail. At that time, there were concerns regarding the contractor's office and associated yards as to whether they would continue to be permitted uses under the C-2, General Business district regulations. City staff determined that they would continue to be permitted uses under the C-2 zoning. At that time, the owners preferred to let the existing zoning stand. - In 1992, the City Council approved a rezoning request by Ed Stanke, for his property, which is located at 7091 Hwy 65. At that time, he requested a rezoning to better match the existing uses in his building, which were an insurance and marking office and a diet � center. 26 As a result of the rezoning for 7091 and 7191 Hwy 65, the subject properties were left as an industrial island between two commercial properties. The existing land use isn't consistent with the existing zoning designation. Rezoning these properties would be a continuation of the existing C-2 zoning. Therefore, rezoning these properties would be consistent with the neighboring properties. As was stated earlier, one of Creekside Properties tenants came into City Hall, to ask for a zoning compliance sign-off. Due to the conflict between the use (If Figures) and the M-1 zoning code requirements, staff was unable to sign-off. City staff then suggested that the best way to resolve this use conflict for this tenant and other tenants in the building, would be to rezone the property to C-2, which is the current use of the property. In order to accomplish a successful rezoning, the lot at 7151 Hwy 65 would also need to be rezoned. It should also be noted that these properties will remain as they exist today; there aren't any plans to make any changes to either of the properties. Property locateci at i � u� hwy b5 The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's 2020 future land use map designates this area as "Redevelopment." While these properties aren't being "redeveloped", they are eliminating incompatible land uses, by correcting the current use of the property to the zoning regulations. 27 Comfort Homes, has a SUP to allow a Trailer Sales lot, which is required in the M-1 zoning district, as well as the C-2 zoning district. It would be beneficial to include as part of this rezoning request, the transfer of the SUP on this property from the M-1 zoning to the C-2 zoning, to keep this properiy in conformance. Staff would recommend that the Planning Commission note this in the motion, if the rezoning is approved. �m '151 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 7101 Highway 65 NE: The west 270 feet of Lot 4, Auditors Subdivision No. 89, subject to easement of record. 7151 Highway 65 NE: The west 375 feet of Lot 3, Auditors Subdivision No. 89, subject to easement of record. Is hereby designated to be in the Zoned District C-2 (General Business). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-1 (Light Industrial) to C-2 (General Business). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13th DAY OF DECEMBER, 2004. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: November 22, 2004 First Reading: Second Reading: Publication: 29 SCOTT J. LUND — MAYOR � AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 22, 2004 CffY OF FRIdLEY a TO: WILLIAM W. BURNS, CTTY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DII2ECTOR GREG TIItEVOLD, SPECIAL ASSESSMENTS SUBJECT: PUBLIC HEARING FOR THE 2004 NUISANCE ABATEMENT DATE: November 17, 2004 Attached is the Public Hearing Notice for the assessment for the 2004 Nuisance Abatement. Notice was published in the Focus newspaper on September 16, 2004 as required by State Statute. The Public Hearing is being continued from the October 25, 2004 Council Meeting. The public hearing is in regard to two abatements done during 2004, in which no payment has been received for the work that was done. The first abatement is for the installation of a sump pump line connection located at 7699 Highway 65. 'This has been set up as a one-year assessment in the amount of $9,717.00 The second abatement has to do with mowing of nuisance weeds. The property is located at 7601 Arthur Street. The one-year assessment, in this case, is $113.16. • � • ,i� Attachment ��� PUBLISHED IN THE FOCUS CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct public hearings at 7:30 p.m. on October 4, 2004 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2004 STREET IMPROVEMENT PROJECT Proj ect #2004-1 2003 ALLEY PAVING PROJECT Project #2003-3 Assess 10 years @ 6.5% Interest $106,171.67 North Park Neighborhood Assess 10 years @ 6.5% Interest $21,336.00 2004 NUISANCE ABATEMENT Assess 1 year @ 6.5% Interest $9,830.16 7601Arthur Street 7699 Highway 65 The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Publish: September 16, 2004 Scott J. Lund Mayor 31 cm oF ��� AGENDA ITEM CITY Ct�UNCIL MEETING OF NOVEMBER 22, 2004 TO: WILLIAM W. BURNS, CITY MANAGER !`�� /� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPEClAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2004 NUISANCE ABATEMENT DATE: November 16, 2Q04 Attached you will find the final assessment roll for the 2004 Nuisance Abatement along with the Resolution to adopt the assessment. The Public Hearing for this assessment has been continued from two previous City Councit m�tings. The adoption of the assessment has also been tabled until the November 22, 2004 meeting. The assessment includes 2 properties at a cost of $9,830.16. The assessment wi11 be certified for 1 year at an interest rate of 6.5%. RDP/gt Attachment 32 RESOLUTION NO. 2004 RESOLUTION ADOPTING ASSESSMENT FOR 2004 NUISANCE ABATEMENT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 2004 Nuisance Abatement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCII, OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 2005, and shall bear interest at the rate of 6'/z percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property t� lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI-� CITY OF FRIDLEY THIS DAY OF NOVEMBER, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR ��j ASESSMENT ROLL FOR 2004 ABATEMENT Name PIN No. Actual Assessment SpineCare P.A. 12-30-24-21-0002 $ 9,717.00 7699 Highway 65 Fridle , MN 55432 Jeffrey Pappenfus 12-30-24-11-0122 $ 113.16 7601 Arthur Street Fridley, MN 55432 34 � � AGENDA ITEM �oF CITY COUNCIL MEETING OF NOVEMBER 22, 2004 FRIQLEY INFORMAL STATUS REPORTS 35