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11/19/2007 - 29206CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 19, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 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 Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Fritz Knaak, City Attorney Don Abbot, Public Safety Director Richard Pribyl, Finance Director PRESENTATION: Richard Pribyl, Finance Director, presented a response to some comments from a reader who viewed the "Statement of Activities" on the City's Comprehensive Annual Financial Report. This is a new statement that is part of the change that the Governmental Accounting Standards Board implemented. This statement is meant to be a city-wide financial measurement combining both governmental and enterprise related activities under a"full accrual" basis, showing the change in "net assets" and not necessarily "financial position." Mr. Pribyl said this statement is representative of the changes that occurred within the assets and liabilities of the City of Fridley under a full accrual basis. The resident felt that the $1,634,904 represented a surplus of spendable resources. This number does not represent spendable resources. The bulk of the $1.6 million, is accounted for under the "Capital Grants and Contributions" program heading. This amount represents the full amount of revenues received from Grants and Special Assessments related to 2006 proj ects. Mr. Pribyl said that the only expenses attributed to these revenues are one year's worth of depreciation associated with the capital assets purchased with those same grants and contributions. The full amount of the value of the capital assets are capitalized and depreciated in future years. The money was all spent during 2006. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 2 Mr. Pribyl said that for the purpose of this statement, it represents the change in "net assets" as defined by GASB #34. It also represents the amount by which assets exceeded city-wide liabilities. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF THE MINUTES City Council Meeting of November 5, 2007. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 1. First Reading of an Ordinance Amending the Fridley City Code, Chapter 603, Intoxicating Liquor, to Allow the Sale of Intoxicating Malt Liquor with 3.2% Malt Liquor and Wine Licenses. William Burns, City Manger, stated this proposed change allows the City to issue a liquor license under Chapter 603 that includes wine and strong beer. Currently, a restaurant must apply for an additional license if they want to serve strong beer with wine. This request was made by Councilmember Barnette and Rob Debnecay, owner of Chris and Rob's Chicago Taste Authority. Staff research reveals that State law allows this change where an establishment holds a wine license, a 3.2% malt liquor license, and where at least 60% of an establishment's gross receipts are attributable to food sales. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE ON FIRST READING. 2. Preliminary Plat Extension Request, PS #07-04, by Bruce Westman, to Reconfigure Property Generally Located at 100 and 110 Mississippi Place N.E. William Burns, City Manager, stated petitioner, Bruce Westman, plans to change the boundaries of his two lots on Mississippi Place by splitting the lots with a north-south property line rather than an east-west property line. Council approved the replat on May 21. Since Mr. Westman has not yet had his preliminary plat approved by Anoka County, he is requesting an extension. Staff recommends extending Mr. Westman's plat request until May 21, 2008. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution Approving a Final Plat, P.S. #07-03, Park Shop, by Richard Carlson, for the Purpose of Consolidating Several Small Parcels and Vacated Streets and Alleyways to Create One Lot, Generally Located at 30 - 81st Way N.E. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 3 William Burns, City Manager, stated Richard Carlson, the petitioner, is seeking to replat multiple parcels, including vacated streets and alleys, to create one lot. Council approved the preliminary plat on April 18, 2007. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Resolution Authorizing Mutual Aid with Anoka County and Other Anoka County Cities. William Burns, City Manager, stated the agreement replaces the Anoka County Law Enforcement Joint Powers Agreement. The agreement continues to authorize the Public Safety Director to provide police resources to Anoka County or other Anoka County cities in times of need. It also authorizes the City Manager to extend other City services, such as public works services, to Anoka County or other Anoka County cities in times of need. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Resolution Authorizing an Increase in Compensation and Changes in Certain Benefits for the 2008 Calendar Year. William Burns, City Manager, stated the legislation provides for a 3% cost of living adjustment for full and part-time City employees in 2008. It also authorizes a 3% increase in automobile allowances. The 3% increase is consistent with amounts included in the City's union contracts. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. Claims (134242 —134391). APPROVED. 7. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom asked for Items 2, 3, 4, 5 and the minutes from the Council meeting of November 5, 2007, to be removed from the consent agenda and placed on the regular agenda. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Items 2, 3, 4, 5 and approval of the minutes from the City Council meeting of November 5, 2007. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 2, 3 4 and 5 and approval of the minutes from the City Council meeting of November 5, 2007. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY OPEN FORUM: No one was present. PUBLIC HEARING: 6. Consideration of Neighborhood Street Improvement Project No. ST 2008-1. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:42 P.M. James Kosluchar, Public Works Director, stated this project is part of the annual street reconstruction program. It will address the increasing costs of maintenance and repair work on our aging streets. The streets that are being addressed are those without curb and gutter. This does not mean that all areas of improvement will be without curb and gutter but that is the main focus. Some areas with curb and gutter may have streets that need to be reconstructed. There are four main project areas to this project and a side benefit of this construction project is that the excess material will be used to improve the ball fields at Community Park. Mr. Kosluchar said this project includes concrete curb and gutter, standard roadway width of 30' curb to curb, design and drainage off the street. Asphalt curbs are to be replaced as part of the 2008 project because that type of curb does not hold up to plows and does not drain as well. This is part of the 2005 through 2008 accelerated street reconstruction project and this year's project is the most aggressive project. After this year, there will be no streets left without concrete curb and gutter. Mr. Kosluchar said there would be utility relocations by private utilities including gas and power companies. The existing asphalt surface will be removed, upgrades made to the drainage and miscellaneous utilities as necessary, existing curb removed, concrete curb and gutter installed, roadways striped, sod placed, irrigation systems replaced where needed, and certain hydrants replaced or relocated. The south side ball fields in Community Park will be graded similar to fields one and two and the electrical and sprinklers will be updated. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 5 Mr. Kosluchar said they would like to complete construction by the end of October 2008. Another hearing will be held on the final assessment in October 2008. They would be happy to work with residents on any construction issues they may have. Mr. Kosluchar reviewed the assessment policy. He said calculations are based on the address front footage of the property. Based on historic assessments, the cost could be up to $27.00 per lineal foot. If the concrete curb already exists on the address side of the property, the assessment could be up to $16.00 per lineal foot. He said these projections are based on estimates at this time. Calculations for commercial properties are based on the front footage adjusted for street access. Based on historic assessments, the commercial properties could be assessed between $59 and $81 per front foot based on street width. Commercial, industrial, institutional and multi-unit residential properties are considered commercial properties for the purpose of this special assessment. Mr. Kosluchar reviewed the payment options. Option one is the lump sum payment. Option two is to add the cost to the property taxes that can be paid over 10 years with an interest rate of approximately 7%. Option three is if you meet certain criteria you can request deferral of the assessment until the property is sold. Mr. Kosluchar said the estimate of the total project is $3,658,000. Revenues to pay for this project come from Minnesota State Aid (which is funded by gas tax dollars that are dedicated to road proj ects), the General Fund, special assessments, sanitary and water funds and park funds. Special assessments overall reduce the tax burden on properties and provide a method to allocate costs to greater user of the service, such as commercial properties' use of roads. MOTION by Councilmember Bolkcom to receive a memorandum dated October 9, 2007. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Councilmember Bolkcom asked about the feasibility report. Some residents claim there is nothing wrong with their streets. Mr. Kosluchar, responded that some of the streets might seem acceptable today, but as the streets age they will eventually physically break apart. As the design is created, more detailed studies will be made to look at each individual street. Councilmember Bolkcom asked about the meeting that was held where 57 people attended from 47 properties and asked what kind of questions they had. Mr. Kosluchar said that the questions were generally about how the assessment works and the range of costs. Some questions were Public Works-related. Information was shared regarding rain gardens. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 6 Councilmember Bolkcom asked to review the individual costs of the project and if better soil will be used this year to help the sod grow. Mr. Kosluchar said that better soil will be used for this project and he reviewed the individual cost breakouts with Council. Councilmember Bolkcom asked if the materials that were placed at the ball fields from the last proj ect made a difference. Mr. Kosluchar said that the material did help with the draining issues on the fields and it will keep the fields in better condition. The fields were not used much this year after the construction, so he was not sure how much of a difference the new material made on the fields. Councilmember Bolkcom said that if Third Street is widened, some residents are concerned about their driveways. Mr. Kosluchar said that Third Street currently meets the standard width and if it were widened, it would not be much wider. Councilmember Bolkcom asked about Ashton Street and the drainage issue. Mr. Kosluchar said that if they widen the roadways, the intent is to provide good drainage and look at options to improve the drainage. More details will be available as the design is developed. Staff could meet with residents individually to address their concerns if needed. Councilmember Bolkcom asked for Hickory Street to be changed to Hickory Drive. Mayor Lund asked about the funds and where the money was coming from as it relates to the Enterprise Funds. He said when the streets are reconstructed, sewer, water and anything underneath are looked at. The City sets aside funds to do repairs to the streets and curbs, improve water and sewer, and at the same time the gas company will go ahead of construction to check the lines. This program has been accelerated to complete the streets before the funds run out. This is why reserves are set aside, so that as Fridley continues to age, funds are available to assist with street reconstruction. William Burns, City Manager, said that sewer camera work is available and sewer lines can be replaced at the homeowners cost. The camera work is free. Roger Avery, 600 Glencoe Street, spoke for the Knights of Columbus on Highway 65 and asked for an estimate of their assessment for budget purposes. He also addressed concerns regarding drainage on the southeast corner. Mr. Kosluchar said that when the design is created they would look at that area. People on that street have mentioned the drainage problem. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 7 Mr. Avery asked about the time frame as to when the work will be done and if it would affect business and access to the building. Mr. Kosluchar said business would be limited to one access and the City would work around the business. They would try not to inconvenience the business in any way. Mr. Avery asked if they would replace or relocate the sprinkler heads. Mr. Kosluchar said they would relocate whatever was in the way and needed to be relocated. Mr. Avery said he would like to meet with Mr. Kosluchar at the property. Mayor Lund said that when the repairs are done to the storm sewer it should fix the problematic drainage areas. Mrs. Ebsky, 158 — 63 '/z Way, said that she has a handicap person in her home. She wanted to know how to contact the contractor to let them know of her situation. Mr. Kosluchar said a notice will be sent to her home as to when the contractor will be in her area and she should then ask to meet with the contractor to discuss the circumstances. Mayor Lund said that staff works very well with the homeowners in reconstruction proj ects to minimize any inconvenience. Les Schimelpfenig, 6390 Ashton Avenue, said his son owns the home but lives in San Diego. He would like details mailed to his son so he can decide if he wants to fix water mains to the home at the same time. Also there is a cottonwood tree in the public right of way and he wondered who would be responsible to pay for the removal. Councilmember Barnette said if the tree is in the City's right of way, the City will pay for the removal. Mr. Kosluchar said that they try to relocate trees if possible. Mr. Schimelpfenig said this tree is too large to relocate. Councilmember Saefke advised to have the water and sewer lines checked out at the same time, as they may be damaged from the large tree. Charles Kane, 6860 Siverts Lane, asked if they pay for the street because the park is across the street. Mayor Lund said that the homeowner will only pay for the address side of their street and will get a new concrete curb and gutter. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 8 Mr. Kane asked if the street is widened to 35 feet, if the land would come from his property or the park. Mr. Kosluchar said that they are trying not to widen the street because of the lots. The City will be sensitive to the lot and right of way and are working on how to address the situation. The City could not take any property from the homeowner without asking. Mr. Kane asked to set up a meeting with Mr. Kosluchar to look at the property. Mayor Lund said that a j oint street proj ect was recently shared with New Brighton. He recalled that the average expense to Fridley residents was $1,800 versus $4,500 to New Brighton residents. The difference is that Fridley sets funds aside for street reconstruction proj ects and the City would like to complete all streets before the funds are depleted. Dr. Burns said that the property owners are assessed for the curb and gutter, and the past three years the City has levied for the cost of the streets and charged all taxpayers. This will continue beyond 2008. Rosemarie Melcher, 5500 Pierce Street NE, asked if the project would widen Pierce Street. Mr. Kosluchar said he was not sure but she could call him and he would look at the preliminary plan. Ms. Melcher said she did not think there was a reason to widen the street. Ken Hughes, 6424 Ashton Avenue, said he received the assessment for the curb and gutter and did not understand why it was so high. He said the price for curb and gutter should be around $8.00 per lineal foot not $27.00. Mr. Kosluchar said the last assessment was $17.00 and this amount included removal, excavation and other labor associated with installation of curb and gutter construction and tear- off. Councilmember Bolkcom said that the cost estimate is $16.00 to $27.00 per lineal foot and that would include a small amount of sod and soil. Mr. Kosluchar said that in some cases, the sod is part of the assessment. Mr. Hughes asked about homeowners who live on the corner lots and who would pay for the side curb and gutter. Mr. Kosluchar said that the cost is rolled into and divided into property owners' costs. Mr. Hughes said that would increase the cost for those on the street paying for the front footage of their lot. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 9 Mayor Lund said that the curbside cost is rolled into the overall project. The entire project is $3.6 million and the street fund and levy funds pay for the other curbs. Only a small portion comes from the assessment of the homeowners. Mr. Hughes asked why there is such a big difference in the cost from $8.00 to $27.00. Mr. Kosluchar said that the 2007 street proj ect came in at $17.00 per lineal foot, so this proj ect will probably be between $17.00 and $27.00. The $27.00 price may be a high estimate. Mr. Hayes thought the assessment was higher because this project includes a large area throughout the city. Councilmember Bolkcom said that this project is not any different than other projects. Contractors are usually more interested in larger projects and give competitive bids. Dr. Burns agreed that the larger proj ects are likely to get a volume price from contractors. If we wait to do this project, the asphalt price is likely to go up, so it makes sense to do this larger proj ect now to save on future costs. Mayor Lund said that this project involves four primary areas. The contractors will work in one area at a time so the efficiency should be good. Councilmember Bolkcom said that this is the largest project, over four miles. If the numbers were drastically higher than the proj ections they would look to see if this proj ect was worthwhile. Mr. Hughes said he thought the homeowners were being penalized because this project jumps all over the City. Councilmember Bolkcom said they did not anticipate the proj ect going over the $27.00 per lineal foot. The last project cost estimate was up to $25.00 per lineal foot and the actual cost came in at $17.00. Mayor Lund said that it is better to estimate on the high side than too low. If we hold off on this proj ect unti12009, homeowners could be paying a lot more. Councilmember Bolkcom said they could take out an area of the proj ect but the goal is to get all the streets done. Mr. Kosluchar said that he could go through the numbers with Mr. Hughes if needed. Mr. Hughes asked if he could get a copy of the estimates. Mr. Kosluchar said that he could come in and meet with him. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 10 Councilmember Saefke asked if it would be possible to bid the 4 zones separately and as a whole to see what the economy scale is. Councilmember Bolkcom said that might prevent people from bidding. Mr. Kosluchar said that it would require a lot of work to break up the proj ect. Councilmember Saefke said he would like to get the entire proj ect done but would like to satisfy the concerns of the property owners. Alvin Flanders, 6350 Riverview Terrace, asked about the cost to replace the sewer and water lines to the house from the street. Mr. Kosluchar said it is about $50 per lineal foot if the lines are done together. The price will depend on the contractor. Mayor Lund said that the City would look at the sewer line for free if he wants them to check on the condition of the line. Councilmember Saefke said that the homeowner could get a bid and compare it to the City's contractor bid. He encouraged homeowners to get their own bid but to make sure the contractor is bonded and insured. Councilmember Barnette mentioned that homeowners might want to get bids to get their driveways done as well because the City will be replacing the bottom portion of the driveway. Joan Ridgley, 6876 Channel Road, said that the front address side of her home already has a curb and wondered if she would need to pay for a new curb. Mr. Kosluchar said that the proj ects vary by street and asked her to contact him. Councilmember Saefke encouraged homeowners to look at all potential problems that may come up underground during this project, as it is more economical to replace when the area is under construction. Councilmember Bolkcom asked if some streets needed to be added to the bid and/or others taken out, would another public hearing be needed and a notice sent out. Attorney Knaak said that it is more difficult to add streets but to eliminate streets would not be a problem. They would just need to notify all the residents it would apply to. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 11 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:55 P.M. NEW BUSINESS: 9. Resolution Ordering Final Plans, Specifications and Estimates of Costs Thereof: 2008 Neighborhood Street Improvement Project No. ST 2008-1. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-68. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. First Reading of an Ordinance to Amend the City Code of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #07-02, by Timothy Nelson, to Rezone Property from M-4, Manufacturing Only, to M-2, Heavy Industrial, Generally Located at 61st Avenue and Main Street N.E.) (Ward 3). Scott Hickok, Community Development Director, presented a rezoning request from Timothy Nelson, Main Street Properties, LLC, who is requesting a rezoning at the southwest corner of 61 st Avenue and Main Street, from M-4, Manufacturing Only to M-2, Heavy Industrial. The petitioner submitted a site plan for the property, which depicts two industrial buildings. The petitioner has not identified for the City if there are users for the buildings or what the buildings will be used for; however, both of the buildings appear to be typed for warehouse. Mr. Hickok said the first goal of M-4 zoning is to reduce warehouse and distribution impacts on surrounding neighborhoods and streets from truck traffic. The traffic study by the petitioner's traffic consultant did not dispute that there would be 170 additional trips per day with warehouse and did not prove how many would be trucks and how many would be cars. Historically, trucks have been the source of complaints for residents along Main Street. Mr. Hickok said the second goal of M-4 Zoning is to encourage uses which provide a significant amount of job opportunities and require more complex building systems. The petitioner's building data on value was not persuasive and generally contradicts the assessor's information on value. No information on future use is available from the petitioner, but warehouse has been part of their discussion and warehouse generally results in less job opportunities. Mr. Hickok said the third goal of M-4 Zoning is to promote clean uses that do not produce fumes, odors, or require outdoor operations, which may cause noise. Beyond the building's construction however, things like trucks idling, diesel engines running all night awaiting an early morning drop-off or pick-up at a warehouse, tow motors moving materials in open parking or storage areas, pallets of materials being dropped, and the constant beep of trucks backing to docks are all complaints that we have received from neighbors near existing warehouse facilities on Main Street. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 12 Mr. Hickok said the fourth goal for M-4 Zoning is to eliminate uses which require significant amounts of outdoor storage. In this petition for rezoning, the petitioner has not provided information that would suggest what types of warehouse users might occupy the buildings. Without that information, the City can only assume that more truck-intensive occupants may occupy this building, which would potentially leave the presence of large commercial vehicles, semi-trucks and trailers as an on-going outdoor vehicle storage issue. Mr. Hickok said the Planning Commission held a public hearing on September 19, 2007. The Planning Commission recommended denial of Rezoning Request, ZOA #07-02. The motion carried on a 4 to 1 vote. City staff recommends concurrence with the Planning Commission. If the City Council elects to approve the rezoning, staff recommends 12 stipulations be attached to that approval. Councilmember Bolkcom asked for clarification that warehouse use produces more trips than manufacturing use. Mr. Hickok said that is correct, throughout a day, the warehouse use would have 172 more trips than manufacturing use. Councilmember Bolkcom asked for clarification about storage. Mr. Hickok said that information from the petitioner on what will be stored at this location has not been submitted. There may be an issue with outdoor storage on this property. Outdoor storage cannot be more than 50% of the square footage of the building and must be screened from the pubic right of way. Councilmember Saefke said that according to the M-2 ordinance, the property could have poultry processing or bulk storage of oil or gasoline. Mr. Hickok said agreed but said it would require a Special Use Permit. Councilmember Saefke said that the M-4 did not specify what type of manufacturing is allowed. Mr. Hickok said it includes a broad spectrum of manufacturing possibilities such as lighting, microchip or cabinets, but manufacturing is the key word. Most of the manufacturing companies are indoor, and not a lot (if any) outdoor storage is needed. Councilmember Saefke said that with a special use permit in an M-4 zoning, other types of manufacturing would be permitted. Mayor Lund said that looking at the minutes from the last meeting, there was a lengthy discussion. He did not think there were justifiable issues for a rezoning change. The traffic study does not make that much difference, warehouse versus manufacturing. There still will be a lot of traffic. There are repeated adversarial problems and lack of communication issues FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 13 associated with this request. This has been going on for two years and he is not convinced that in 1997 Council made an error. He would vote for denial of the rezoning request. Councilmember Bolkcom concurred with Mayor Lund and agreed there was not a huge change since 1997. MOTION by Councilmember Bolkcom to waive the first reading of the ordinance and deny the first reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #07-02, by Timothy Nelson, to Rezone Property from M-4, Manufacturing Only, to M-2, Heavy Industrial, Generally Located at 61st Avenue and Main Street N.E.). Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION DENIED UNANIMOUSLY Councilmember Saefke said that he had concerns for the neighborhood itself and that neighbors may not want to live next to what may go in that location. If the petitioner knew what type of business would go in there, it may be different. He agreed that the 1997 vote had valid reasons for the zoning change and they were still valid today. Councilmember Bolkcom said that over the years, traffic and noise would be an issue, plus they are trying to clean up outdoor storage problems. Mayor Lund asked Attorney Knaak if it was appropriate to deny the request. Attorney Knaak said that the application is a request to pass the ordinance. If not passed the ordinance should make affirmative finding for basis of denial. The vote for the zoning request for or against would suggest to adopt a resolution such as the reasons stated in the packet for denial. MOTION by Councilmember Bolkcom to remove the resolution for denial that was previously presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY MOTION by Councilmember Bolkcom to waive the first reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-69. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 14 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Approval of the City Council Meeting Minutes of November 5, 2007. Councilmember Bolkcom asked on page 8 forManufacturing to be changed to Warehouse. Mayor Lund asked on page 13 for 1977 to be changed to 1997. MOTION by Councilmember Bolkcom to approve the minutes with the corrections. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Preliminary Plat Extension Request, PS #07-04, by Bruce Westman, to Reconfigure Property Generally Located at 100 and 110 Mississippi Place N.E. Councilmember Bolkcom asked how often more than one extension was granted. Mr. Hickok said Council can say no to any extension, but in this case, the petitioner would have six months to get the final plat filed. Council has granted one extension and this property owner did not understand really well or realize the steps that needed to be taken to get the plat completed. Petitioner has made steps towards completing this process. Councilmember Bolkcom asked that if this extension is granted, things must be completed by May 31, 2008. No more extensions would be granted. Mayor Lund asked if the petitioner understood what is needed to complete this process. Mr. Hickok said yes he was well aware of how much time it takes and is working toward the goal of completion. Councilmember Bolkcom asked that a letter be sent to the property owner stating that all would need to be completed by May 31, 2008. MOTION by Councilmember Bolkcom to approve preliminary plat extension request, PS #07- 04, by Bruce Westman. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 3. Resolution Approving a Final Plat, P.S. #07-03, Park Shop, by Richard Carlson, for the Purpose of Consolidating Several Small Parcels and Vacated Streets and Alleyways to Create One Lot, Generally Located at 30 - 81st Way N.E. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 15 Councilmember Bolkcom asked if the four stipulations on the landscaping were done and if staff was comfortable that all the stipulations will be done. Mr. Hickok said that some things had to wait, but he was confident all stipulations would be completed. Councilmember Bolkcom said the landscaping was not done. Mr. Hickok said the part that was not done relates to a pipeline, not being able to plant and some items that were waiting for the approval of the Metropolitan Council. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-65. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 4. Resolution Authorizing Mutual Aid with Anoka County and Other Anoka County Cities. Councilmember Bolkcom asked why the City Manager was the designee but not the Public Safety Director. Don Abbott, Public Safety Director, said that the resolution and agreement were supplied by the Anoka County Attorney's office. Mayor Lund said that if we were asked that an outside agency wants to use some of our power equipment, they would ask the City Manager. If in our police department we were in need of some mutual aid outside it would be our Director of Public Safety. Mr. Abbott said he understood the point and he could add in the words "or designee" after the words Public Safety in number one and number two if it would make things more clear. Attorney Knaak said that it may conflict with the language of the j oint agreement but it does not look like it would. Councilmember Bolkcom asked about the damage to equipment. If we borrowed something to someone else and they break it, we have to pay for it. Mr. Abbott said that is correct. It describes the relationship that works on both sides. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-66 and to amend the resolution to add "or designee" after the words "Public Safety Director." Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 16 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 5. Resolution authorizing an increase in compensation and changes in certain benefits for the 2008 Calendar Year. Councilmember Bolkcom asked what the increase in the 3% auto allowance was based on. William Burns, City Manager, said that it was consistent with the cost of living adjustment. Councilmember Bolkcom asked if this was any different from what other cities are doing. Dr. Burns answered no. MOTION by Councilmember Bolkcom to adopt Resolution 2007-67. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY INFORMAL STATUS: Mayor Lund reminded residents of the special election on November 20. Residents are encouraged to vote at their normal polling locations from 7:00 a.m. to 8:00 p.m. Dr. Burns said the December newsletter would be going out to residents the first week in December. Councilmember Bolkcom said that there is a meeting special meeting on Monday, November 26, at 5:00 p.m. to canvass the special election, and it will not be televised. She also congratulated the Fridley High School on a very successful musical "Kiss Me Kate." It was a great production as usual. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:40 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor