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06/01/1987 - 00011158��,•r .- r�i � , THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 1, 1987 The Regular Meeting oF the Fridley City Couneil was called to order at 7:�43 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance t4 the F1 ag. ROLL CALL: N�MBERS PRESENT: Mayor Nee, Councilman Goodspeed, Councilman Fitzpatrick, Councilman Schneider, and Councilwoman Jorgenson MEMBERS ABSENT: None APPRQIAL �F MINUTES: COUNCIL MEETING, JUNE 1. 1987: ' MOTION by Councilman Fitzpatrick to approve the minutes with the following correetion: Page 6, Item 9, insert the word "unbudgeted" before the word "funds" on the last line of this item. Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. ADOPTION OF AGENDA: 1he following item was added to the agenda: (21) Consideration of Extending River Lots Addition Flat, P,S. #86-04, Keith & Diane Harstad, 6652 East River Road. MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audienee under this item of business. PUBLIC E� ARINGS: 1. PUBLIC HEARING ON AN ORDINANCE CREATING CHAPTER 403 OF TE� FRIDLEY CITY CODE RELATING TO UNIFORM ELECTRIC FRANCHISE: ' MOTION by Councilman Goodspeed to wai.ve the readang of the public hearing notice and open the publie hearing. Seconded by Councilman Sehneider. Upon a voiee vote, all voting aye, Mayor Nee declared the motion earried unanimously and the public hearing opened at 7:47 p.m. -1- ' � ' � ��,. � �"�, COUNCIL MEETING OF JIINE 1. 198T The Council Chambers were overflowing with residents (400 to �450 per�ons) coneerned about a franchise fee being assessed to Minnegasco. Mayor Nee attempted to explain that this publac hearing did not involve the franchise fee, but only to consider entering into a franchise with Northern States Power. He stated the item concerning the franchise fee is on the agenda for a publ3c hearing following this public hearzng. Mr. Flora, Public Works Director, stated the Suburban Rate Authority, is a group of some 30 suburban communities that have banned together to work with the utility companiea to develop a uniform franchise. He stated Northern States Power desires to have a franchise with all cities in whieh they do business. Mr. E1ora stated this franchise is the agreement that allows Northern States Power to use the right-of-ways in the City and provide power to Fridley residents. A gentleman in the audienee questioned why they needed the franchise as Northern States Power has been in the City for a number of years and asked how they are operating now without a franchise. Mr. William Eldridge, General Manager of the North Division of Northern States Power, stated the company wishes to have this franchise. He stated they have negotiated for several years with the Suburban Rate Authority in developing the franehise. He stated they would be opposed, however, to any franchise fee allowed under the franchise. A gentleman in the audience asked the advantages to having a franehise and what would happen if the franchise was not adopted. Mr. Eldridge stated he felt nothing would happen, however, it has been standard practice and believes there ia a State law whieh suggests they do have a franehise which spells out how they operate in the City. He stated the franchise is nothing more than an agreement signed by two parties which outlines the rules under which they openate. He stated the franehise beang discussed does not impose any type of a fee upon the residents. He stated the question of a franehise fee is a separate issue and would take another document to impose such a fee. He stated the franchise provides that a fee is permissible, but doesn't necessarily mean it would be adopted. Since the public address system was not working, Mayor Nee felt the meeting was completely out of order, as persons in the audienee who did not have the f'loor, were shouting questions in a disorderly fashion and expressing their concerns without allowing a proper response from the City staff or Council. Mayor Nee suggested this item be tabled to another evening and possibly meet at the high school where they could accommodate the large crowd. The response from the majority of the people in the audienee was to demand action be taken this evening. Mayor Nee asked the City Attorney to explain the reason for the franchise. Mr. Herrick, City Attorney, stated the Fridley City Charter provides that utility companies that use the public streets to deliver their product are -2- ' � � �,,� �,- ��. _, � COUNCIL MEETING OF JUNE 1, 1987 to have a franchise. He stated the City has had some franchises in the past and there has been an attempt in the suburban areas to obtain uniformity in dealing with utility companies. Mr. Herrick stated he felt it is a real advantage from the standpoint of the individual suburbs, because they do not have the staff or funds to negotiate every contract with the utility companies serving their community. He stated by ,7oining with the Suburban Rate Authority, there are some 3D suburbs that have negotiated the proposed franchise with Northern States Power. He stated it makes sense to adopY, th3s franehise, because it has been negotiated over a substantial period of time by those persons who are specialists in that area, and expected th at all the other suburbs, which are part of the Suburban Rate Authority, will be adopting the franchise. He stated it seems the quarrel isn�t with the franchise, but the question of the franchise fee. He stated these are separate issues tefore the Council and are to be diseussed under two separate public hearings. A gentleman in the audience stated a contract can be broken, but not a franchise, Mr. Herrick stated a franehise can be broken, the same as a contract, hut the persons breaking the franchise or contract may be subject to damages. A gentleman asked who was the City's representative to the Suburban Rate Authority and the reasoning behind this franchise. Mr. Flora, Publie Works Director, and the City's representative to the Suburban Rate Authority, stated the Suburban Rate Authority was established to review policies of the various utility companies. He stated it took several years to negotiate a uniform franchise with Minnegasco. He then stated that negotiations have been in progress for two years with Northern StaYzs Power to establish a suitable franchise that would be acceptable to Northern States Power and the Suburban Rate Authority. He stated the other cities in the Suburban Rate Authority are in the process of adopting this franchise. Mr. Flora etated this Franchise gives Northern States Power the right to provide services in the City and outlines methods on operation and rights of the City and Northern States Power in the distribution of services. He stated it is in the City's and Northern States Power's interest to esta6lish the rules on how the utility company operates. A gentleman in the audienee stated that residents received a letter from Minnegaseo regarding this franchise fee. He stated if a franchise with Northern States Power is adopted, he would suspect the City would take the same route to impose a fee on Northern States Power. Mayor Nee stated the Council is considering an alternative proposal which would exempt almost all residences from the franchise fee. Ae stated the alternative ordinance proposed would establish a franehise fee of 3� or less on cons�ption in excess of 100 CCF of gas per month or 5,OOD kilowatt hours per month. He stated most residences would fall within these limits. A gentleman stated 150 people work in his plant and they have a gas bill of -3- � � � COUNCIL MEETING OF JUNE 1, 1g87 $20,000 per month and an electrie bill of $10,000 per month. He stated it is ludicrous to say the people wouldn't pay for it. He stated when he came to Fridley in 1966, taxes were $17,OQ0 and he stall has the same services, but taxes are now $76,000. He stated the State policies have hurt business and now the City is going to "heap it on". A gentleman asked Why the City needs this 3$ franchise fee. Mayor Nee stated the City is losing Federal Revenue Sharing Funds from whieh some of these expenses were paid. Several persons in the audience responded that the City should cut spending if revenues are lost. A gentleman stated he finds �t difficult to believe the City needs these funds and asked what the City was doing to save money. Mayor Nee stated the City is attempting to eharge for services they have been providing to the utility companies for over 30 years at the taxpayers' expense. One person suggested an increase in property taxes so the entire City would pay for it. A gentleman suggested a committee be formed to see if something can be worked out to cover these costs. Mayor Nee stated the budget is $7,400,000 and property taxes generate a6out $2,700,000 so the balanee has to be raised el�ewhere. A gentleman in the audience stated he felt Fridley may lose businesses, if this fee is adopted, He stated two businesses on his street have already left. Mayor Nee stated one of the businesses relocated to Coon Rapids which has a 3% franehise fee and believed the other relocated out of the state. Mr. Richard Harris, 6200 Riverview Terrace, asked what the City would do with the funds raised from a franchise fee, and if it would be used for capital improvements. Mayor Nee stated it would be applied to the overhead in Public Works. A lady in the audience stated it is obvaous the citizens of Fridley do not want this franch3se or user's fee. She felt the City should not consider it. Couneilman Fitzpatriek stated if the whole process was tabled indefinitely, it would have the effect of not having the franehise fee. The audience reponded by chanting they wanted action this evening to not have the franchise fee. Mr. Eldridge felt there was some confusion because the item the Council is diseussing, under this public hearing, is the franehise with Northern States Power and not the franchise fee. He stated Northern States Power would like -�- � �� �� ��. a -. -„ ' � �� 2 COUNCIL MEETING OF J[R� 1, 7987 this franchise because it is an agreement that deals with many items in the working arrangements with the City. He stated it is not an exelusive franchise and any other utility can serve Fridley whether or not they have this franchise. He stated there is a better working relationship when each party knows what is required of them. A gentleman in the audience stated he felt the City would benefit by having this franchise which establishes order in the way the utility company provides services, but residents are concerned about the fee. Mr. Diek Harris stated the publie hearing re�arding the question of the franchise fee has not been opened and is the next agenda item. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Sehneider. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:47 p.m. MOTION by Couneilman Fitz patrick to reject the proposal for a franchise f or Northern States Power. Seconded by Councilman Schneider. Upon a roll call vote, Councilman Fitzpatrick, Councilman Schneider, Mayor Nee, Councilwoman Jorgenson and Councilman Goodspeed voted in favor of the motion, and Mayor Nee declared the motion carried unanimously. PUBLIC HEARING ON AN ORDINANCE ADDING TO THE FRIDLEY CITY CODE CHAPTER 407, ENTITLED "PUBLIC UTILITY GRQSS EARNINGS FRANCHISE FEE": MOTION hy Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing, Seconded by Councilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at $:50 p.m. Mayor Nee stated comments were heard regarding this franehise fee under the first publie hearing regarding the franchise for Northern States Power. A gentleman asked without a franchise, if there would be a fee. Mr. Herrick, City Attorney, stated the authority the City has to impose the fee is contained in the franchise so if there is no franchise, there is no authority for the fee. Mr. Jim Anderson, Administrator of Publie Affairs for htinnegasco, stated the reasons they're opposed to the Franchise fee have been articul ated, but he would be pleased to answer any questions. He stated Minnegasco will carry their fair share, but felt the franchise fee is a discriminatory burden against people who use gas, A gentleman in the audience referred to the City's handout which was distributed at the meeting and requested a response from Minnegasco in regard to the City expenses for the following: (t) working around pipes and shoring up poles when repairing streets and roads; (2) keeping track of the locaton of the company�s income-producing equipment - even on private property - to prevent enehroachment or non-authorized use. (3) providing one-stop information service to the public regarding the location of the -5- ���_� :3 COUNCIL MEETING OF JUNE 1. 1987 � comparry's equipment and easements, These items involve staff time, computer eapacity, action by commissions and by the City Couneil, and retention of thousands of maps, drawings, and files; otherwise, these people would have to go to the enerEy company offices in other cities to get maps or drawings. This gentleman questioned the public utility company's involvement in these areas. He questioned if they keep track of the equipment and have complete inventories to which Mr. Anderson answered in the affirmative. 'Riis person then questioned why the City had to duplicate these services. Couneilman Schneider stated the rrext time z developer comes to the City with his plan, he could be sent to the Niinnegasco office. Mr, Anderson stated Minnegasco expeets the City to assist in this manner to make the developers aware there is gas and review the locations. He stated the City has an obligation to manage the right-of-ways because they are public, but they don't manage the records for Minnegasco. A gentleman in the audience questioned the costs which the City ineurs to provide services related to the utility companies. Mayor Nee stated these are not well-defined. This gentleman felt some facts should be established on how the City arrived at a proposed franehise fee of 3� before the public hearing was set. � Mr, Anderson stated Minnegasco pays all taxes that every other company pays. He stated, in addition, they pay the personal property tax which was eliminated in 1972 for everyone else. He stated in not eliminating this tax for the utility companies, they were told it was a payment in-kind for utiliz ation of the streets. He stated no one else pays this tax, except the utility companies, He stated the City receives $13,857, payable in 1987, from this tax, and the school and County receive their proportionate share. A gentleman in the audience stated every contractor coming to the City for a permit can be told to go to Northern States Power and Minnegasco and this would not involve much expense to the City. Mayor Nee stated the residents have expressed their views and unless there is additional information to be added, he would call for a motion to close the public hearing. MOTIpN by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing elosed at 9:00 p.m. MOTI�N by Councilman Fitz patrick to reject the proposal for a franchise fee for Minnegasco. Seconded by Councilman Goodspeed. Councilwoman Jorgenson stated she would suggest the Couneil direct the Public Works and Community Development Departments to send all persons 1 applying for permits to Minnegasco and Northern States Power. UPON A ROLL CALL VOTE TAI�N ON THE ABWE MOTION, Councilman Fitzpatrzek, Couneilman Goodspeed, Mayor Nee, Councilwoman Jorgenson and Councilman � 4�1!� �'. ;" ' � 0�"� ,.�� COIINCIL MEETING OF JUNE 1, 1987 ' Schneider voted in favor of the motion, and Mayor Nee declared the motion carried unanimously. Persons in the audience were angry and stated if Minne�asco had not sent them a notice on the proposed franchise fee, they wouldn't have lm own about it. Mayor Nee stated the notice of the hearings on this item were published in the City's official newspaper. A gentleman in the audience stated he wanted a special notice when items sueh as this come before the Council. Mayor Nee thanked the residents for attending the meeting and stated he was sorry the publie address system was not working and the meeting was so disorganized. 3• PUBLIC HEARING ON A FINAL PLAT, P.S. #87-03 OLN ER OISON ADDITION, BEING A MOTION by Councilman Schneider to waive the readang of the public hearing notice and open the publie hearing. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion canried , unammously and the public hearing opened at 9:10 p.m. Mr. Robertson, Community Development Director, stated this proposal is to subdivide the single family lot at 6430 East River Road into three single family lots. He stated, in 1982, a lot split approved by the Council was rejected by the petitioner and the petitioner is now requesting a different subdivision. He stated the proposal was for a corner lot to be 73•39 feet wide, the middle lot to be 65 feet wide and the resident's lot would be 728 feet wide. Mr. Robertson stated in con�unetion with the plat, there is a request to vacate a six foot drainage and utility easement which runs east to west aeross the property. Mr. Robertson stated, presently, four residences exist to the south of this property whieh share two unimproved driveways off East River Road. He stated the City and County ob�ectives would be to eliminate these curb cuts by providing a minimum of 25 feet of street easement on the west oF the plat and a 25 foot triangle at the intersection with 64 1/2 Way. He stated the balance of the right-of-way, if needed, could come from the adjacent park. Mr. Robertson stated lot widths should be as close to Code as reasonably possi6le and staff recommends a corner lot of 75 feet and an intermediate lot of 70 feet, (each five feet short of Code) leaving 121.3 feet for the petitioner's homesite. Mr. Robertson stated there is a utility easement down the center which goes through the building lots. He stated the next item for Council`s � consideration is to vacate this easement and substitute a 10 foot utility easement along the West and north of the plat. Mr. Robertson stated the Planning Commission recommended approval of this -7- ' ' ' ,� �� �•� ,_. COUNCIL MEETING OF JUNE 1, 1987 preliminary plat with eight stipulations which he outlined. A gentleman from the audience asked about the park fees. Mayor Nee stated these fees are placed into the park fund for park improvements and a oq ui si ti on. No other persons in the audience spoke regarding this proposed plat. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously and the public hearing closed at 9:20 p.m. U. PUBLIC HEARING ON A V ACATION REQUEST, SAV #87-03. TO V ACATE A 6 FOOT DRAINAGE AND UTILITY EASEMENT CREATED BY VEIT'S SECOND ADDITION, GENERALLY LOCATED AT 6430 EAST RN ER ROAD N.E., BY DONNA OLSDN: MOTION by Couneilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:20 p.m. Mr. Robertson, Community Development Director, stated this is a request to vacate an existing easement in order to provide for develoment of plat, P.S. #87-D3• He stated a new easement would be provided on the west and north of the plat, if this one is vaeated. No persons in the audienee spoke regarding this proposed vacation. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9�z0 p.m. Mayor Nee thou�t perhaps the utility company should be billed for the work provided by the City in conjunetion with the easement. A gentleman in the audience questioned the work involved by the City on such a utility easement. Mr. Fiora, Public Works Direetor, stated staff reviews developments in an area and determines the most prudent location for the utilities to make the parcel more developable and connect with existing utilities in the area. He stated each staff person revaews the area of his expertise. Councilman Sehneider stated he felt the utility company is really receiving a lot of beneFit for the $13,D00 return the City receives. He stated it was unfortunate the public address system did not work this evening, as staff had a presentation regarding the amount of staff time involved to provide these services. Mayor Nee stated the City provides all kinds of special services and persons are charged aceordingly. He stated the City is attempting to identify the special costs which are above and beyond what is provided to everyone, and � O�:�f-,.�-; CODNCIL MEETING OF JONE 1. 1987 ' charge for them. OLD BUSINESS: 5. CONSIDERATION OF SECOND READING OF AN aRDINANCE RECODIFYING CHAPTER 205 OF THE FRIDLEY CITY CODE, AS IT RELATES TO SOLID WASTE STORAGE CONTAINER ENCL�URES. HEALTH CARE CLINIC PARKING. CHURCH PARKING AND GARAGE SETBACKS: Mr. Robertson, Community Development Director, stated the first proposed change deals with accessory buildings and this is an attempt to simplify the present ordinance. He stated persons who have attaehed single family garages and wish to add a double garage can do so, without going through the varianee procedure, providing certain conditions are met. Mr. Robertson stated the second ehange regards solid waste storage container enclosures and, essentially, requires screening of these containers in certain zoning districts. Mr. Richard Harris, 6200 Riverview Terrace, questioned if this ordinance refers to all outdoor solid waste containers, re�ardless of size. He felt the way the ordinance was written, it may eliminate trash can eontainers such as found in front of the City Hall. He was also concerned whether existing developments needed to comply. ' Nh-. Qureshi, City Manager, stated he believed this ordinance would pertain only to new developments. Mr. Robertson stated the definition section of the ordinanee deals with the size of the containers and believed it exempts the small "garbage cans". M�yor Nee stated even if this is the case, they are not permitted, under this ordinance, in front of a building. Mr. Harris felt the ordinance should be more explicat to indicate these small trash reeeptaeles are exempt. Mr. Robertson stated the third change addresses the need for adequate off- street parking for health service industries. He stated researeh shows clinics generate more parking needs so the parking ratio is being changed to require one parking space for every 150 square feet of building fl oor area, rather th an one parking space for every 250 square feet of building floor area. Mr. Robertson stated the final change regards church parking and provides for at least one off-street parking space for every three fixed seats or for every five feet of pew length in the main assembly hall. He stated it also provides that additional parking may be required for activities such as day care, classroom and reereational activities. � In order to give staff time to research some of the questions raised by Mr, Harris, the following aetion was taken: MOTION by Councilman Schneider to table this item to the next meeting on � �*', �' ^'� COUNCIL MEETING OF JUNE 1, 1987 � June 15, 1987• Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION N0. 42-7987 APPRW II� A LOT SPLIT, L.S. #87-03. TO SPLIT OFF PART OF LOT 13, REVISED AUDITOR'S SUSVDN ISION N0. 103, GENERALLY LOCATED AT 870D EAST RIVER ROAD N.E.. BY SERNADETTE BENSON OF MIDWEST SUPER STOP: MOTION by Councilman Fitzpatrick to adopt Resolution No. �12-1987, with the stipulations attached as Exhibit A. Seeonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. CONSIDERATION OF APPOINTMENTS TO EIN IRONMENTAL QUALITY. ENERGY, AND HOUSING AND REDEVELOPMENT AUTHORITY CO[�17SSIONS: ENIIIRONMENTAL QUALITY COMMISSION: MOTION by Councilman Sehneider to table the appointment to the Environmental Quality Commission. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ENERGY COT�IISSION: � MOTION by Councilman Goodspeed to table the appointment to the Energy Commission. Seconded by Councilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. HOUSING & REDEVELOPMENT AUTHORITY: Mayor Nee stated he wished to nominate Walter Rasmussen for reappointment to the Housing & Redevelopment Authority for another term. MOTION by Councilman Schneider to coneur with the nomination of Mayor Nee to reappoint Walter Rasmussen to the Housing & Redevelopment Authority for another term. Seconded by Couneilman FYtzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 8. RECEN ING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 20, 1987� A. CONSIDERATION OF A PRELIMINARY PLAT. P.S. �87-04, KEN'S 15T ADDITION, GENERALLY LOCATED SOUTH OF 77TH AVENUE, WEST OF MAIN STREET AND NORTH OF �HORNE ROAD, BY KEN BUREAU OF ROSEWOOD PROPERTIES, INC.: MOTION by Councilman Goodspeed to set the public hearing on this pl at for June 15, 1987• Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' B. ITENS FROM THE APPEALS COMM7SSTON MEETING OF MAY 12, 1987: -10- �� � �� CODNCIL MEETING OF JDIdE 1, 1987 � S-7. CONSIDERATION OF A VARIANCE, VAR #87-13, TO INCREASE mvc M�VTMTT..1 nrrncrnnrv verr_vm na mm �rnoeennv nnrinrxn 152D RICE CREEK ROAD N.E.. BY JAMES DAHL: Mr. Robertson, Community Development Director, stated this variance was before the Appeals Comm3ssion on April 28. He stated the petitioner requested a varianee to increase the maximum allowable height of an accessory building from 14 to 21 feet, and because there had been some objection to the variance, the Appeals Commission tabled the atem to May 12 so that the petitioner could meet with the neigj�bors. Mr, Robertson stated the petitioner has now changed his request for a variance from the maximum allowable hei�t of an aceessory building from 14 to 16 feet. He stated the reason this item is before the Council was because one of the r�ighbors was unable to attend the Appeals Commission meeting. Neither the petitioner nor any neighbors were present at this meeting. MOTION by Couneilman Schneider to concur with the unanimous recommendation of the Appeals Commission and grant varianee, VAA �k87-13, to increase the ma�cimum allowable hei�t of an aceessory building from 14 to 16 feet (above grade) to allow construetson of a detached garage at 1520 Rice Creek Road. � Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. B-2. COIYSIDERATION OF A VARIANCE. VAR �87-15. TO DECREASE THE MINIMUM DISTANCE FROM ANY PROPEHTY LINE OR DRNEWAY FROM Mr. Robertson, Community Development Director, stated this is a request for a variance to allow an increase in the maximum allowable size of two informational signs, for ingress and egress, from four to eigi�t square feet eaeh and reduce the setback from both the driveway and property line from 10 to 5 feet. He stated a variance is also requested to allow rotation of the existing free-standing sign in order for it to face 53rd Avenue. Mr. Robertson stated the hardship stated by the petitioner is they have no direct access to their facility from 53rd Avenue and these signs will greatly facilitate ingress and egress to and from their parking area. He stated the only aceess to the facility is located to the west side of the parking area and approximately 90 feet north of the access drive to the shopping center property from y3rd Avenue which causes some eonfusion to customers seeking entry to this facility. Mr. Robertson stated this varianee request was before the Appeals Commission and they recommended approval of reducing the setbaek from the driveway and � property line from 10 to 5 feet on the south side of the driveway and gave no recommendation to reduee the setback from the driveway and property line fr� 10 to 5 feet on the north side of the driveway, beeause the owner of the car wash to the north wanted to look at sight lines to see if it would _��_ COUNCIL MEETING OF JUNE 1, 1987 � interfere with his facility. He stated the Appeals Commission recommended denial of the varianees to inerease the maximum size of the two informational signs and to decrease the minamum distance from any property line or driveway from 1D to 5 feet to allow the 90 degree axial rotation of the existing free-standing sign. Councilwoman Jorgenson stated this is such a busy intersection and if the sign is rotated, it may be more confusing for people on 53rd Avenue. Mr. Jim Golden stated he was hired by the petitioner to install the sign, if the variance was approved. He felt the sign at the southerly end of the property would be beneficial for this business. Mayor Nee asked if the owner of this building or the tenants were requesting the variance. Mr. Golden stated approval has 6een given by the owner of the building that Payless could install the signage. Mr. Branden, owner of the car wash to the north of this property, stated he did not haue any objeetion to a sign for entrance into the parking lot, however, he would not be in favor of an exit siEn, as it would only be 10 feet from this business. He also stated he would like the sign no more than 40 inches from the ground. He stated if the sign is too high, it may obstruct the vision of persons exiting his business. � Couneilman Goodspeed stated he didn't have a problem with the south sign if the s�ze remains within the code requirements and installed no higher than 40 inches from the ground. Mr. Golden stated he would make sure the sign meets these requirments. MOTION by Couneilman Goodspeed to deny the variances to increase the size of the two informational signs; to decrease the minimum distance from any property line or driveway from 10 to 5 feet; to allow the 90 degree axial rotation of the existing free-standing sign; and to reduce the setbaek from the driveway and property line from 10 to 5 feet on the north side of the driveway. Further, to grant the variance to reduce the setback from the driveway and property line from 10 to 5 Feet on the south side of the driveway for installation of one informational sign, with the condition it be installed no higher than 40 inehes from the ground. Seconded by Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. ITEM FROM THE PARR & RECREATION COMMISSION MEETING OF MAY 4, 1987� C-1 . CONSIDERATION OF TERMINATING THE LEASE FOR THE BURLINGTON NORTHERN PARK: MOTION by Councilman Fitzpatrick to authorize the termination of the lease with Hurlington Northern for Burlington Northern Park. Seconded by � Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion earried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning _�Z_ ��' ^�3 � . _�.. ��f' �Iw r. � COUNCIL MEETING OF JUNE 1, 1987 � Commisson meeting of May 20, 1987. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF AN EXTENSION OF A SPECIAL USE PERMIT SP #82-12, TO ALLQW A ROCK CRUSHING OPERATION HY PARK CONSTRUCTION AT 7900 BEECH STREET N.E.: Mr. Robertson, Community Development Director, stated Mr. Prairie of Park Construction has requested an extension of this special use permit to allow roek crushing at their site at 7900 Beech Street. He stated since the permit was issued, only one rock crushing operation has occurred and there were no complaints. He stated a second rock crushing operation is pl anned for this winter and extension of the permit is requested. Mr. Robertson stated staff would suggest several stipulations, which he outlined, if the permit were to be extended. Mr. Robertson stated Mr. Prairie is aware of the stipul ations, however, on Item 6 regarding planting of trees, they would like to substitute plantings such as lilaes and instead of planting vines, shrubs be installed. He stated they previously had planted vines and they did not survive. He stated shrubs would be an aceeptable substitute. MOTION hy Councilman Goodspeed to extend special use permit, SP �k82-12 with ' the following stipulations: (1} this special use permit is extended for a period of two years and re-evaluation of the permit is to be scheduled for the first regular meeting of the Council in May 1989, Providing there has been one crushing operation at that time; (2) the City be allowed to dump their waste conerete material at this site in City trucks, at no cost, eredit allowanee to be agreed upon, will be provided to the City For the amount of waste conerete deposited; (3) Park Construction to take necessary steps to ensure the City and State noise, dust and enviro�ental limits are not exeeeded; (�F) the rock crusher, generators and stock piles to be located as far nortti and east on the property as possible; (5) the same standards regarding run-off be applied to this site as applied in the Rice Creek Watershed area; and (6) additional landscaping to be provided by Oetober, 1987 on Beech Street and 81st Avenue including (a) street trees so on center adjacent to Beeeh Street and west of curb cut adjacent to 81:,t Avenue; (b) aix inches of woodchip mulch on existing shrubs and proposed trees; (c)provide shrubs four feet on center alI along fence on 81st Avenue and Beech Street; and (d} continue slats in fence on 81st Avenue to Hickory Street and on jog in fence west of Hickory Street. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF A COMPREHENSNE SIGN PLAN FOR RICE CREEK BUSINESS CENTER, �'155 UNNERSITY AVENUE N.E.: Mr. Robertson, Community Development Director, stated there are two types of ' signs in this sign plan. He stated one is the sign on the building face over the individual businesses and the second is a monument si�n at the corner of the development. He stated the staff has discussed this plan with Mr. Walsh and Mr. Winkels and, after considering several alternatives, it -73- a �c ��, r COUNCIL MEBTING OF JUNE 1, 1987 , has been decided to install white lettering on the dark base. Mr. Robertson stated the mont�ent sign was proposed for the corner, however, this location is in front of the power poles. He stated the petitioner has requested it be moved and this would require a:light variance as it would project into the setback. Mr. Robertson stated a hold harmless agreement would also be necessary with the property owner beeause of the existing water line. MOTION by Couneilman Goodspeed to approve the Comprehensive Sign Plan for the Rice Creek Business Center, 7155 Uniaersity Avenue. Seconded by Couneilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Goodspeed to recommend a hearing for the change in location of the monument sign and request a hold harmless agreement be executed. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CONSIDERATION OF A COMPREHENS NE SIGN PLAN FOR PARKVIEW BUILDING BY DAVID 0. HARRIS AT 250 COMMERCE CIRCLE N.E.: Mr. Robertson, Community Development Direetor, stated staff has reviewed the � sign plan and would recommend approval. He stated the individual tenant signs will consist of gold lettering mounted on a brick wall band. MOTION by Councilman Goodspeed to approve the Comprehensive Sign Plan for 25D Commerce Cirele. Seeonded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 72. RESOLUTION N0. 43-1987 AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY LOCAL N0. 49, AFL-CIO (PUBLIC WORKS) FDR 1987-1989� Mr. Hunt, Assistant to the City Manager, stated the agreements for Public Works employees include the Master Agreement and local addendum, coverYng a three year contraet with the International Union of Operating Engineers, Local 49- He stated about a 3$ inerease is involved for 1987 and a$10 inerease in the amount For health benefits. Mr. Hunt stated there are some cosmetic changes which didn't cause any problems with the Union. MOTION by Councilman Schneider to adopt Resolution No. 43-1987. Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13• RESOLUTION N0. 44-1987 AUTHORIZING INCLUSION IN AN EMPLOYEE SEPARATION BENEFIT PLAN FOR CERTAIN EMPLOYEES OF THE CITY OF FRIDLEY PUBLIC WORKS DE PARTME NT : ' Mr. Hunt, Assistant to the City Manager, stated over a year ago, the Council authorized a separation benefit plan for non-Union employees. He stated it was felt the proper time to deal with this question of a separation plan for Union employees was at the time of contract negotiations. He stated it was _� t{_ 1 , ' COUNCIL MEETING OF JUNE 7, 7987 the advice of the Labor Relations Council that this not be actual local addendum, but settled as a separate issue. He proposed this be retroactive to June 15, 1986 to cover one retired at th at time. 0�'' .,.> part of the stated it is employee who MOTION by Councilman Fitzpatrick to adopt Resolution No. 44-1987. Seconded by Councilman Goodapeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION N0. 45-1987 AUTHORIZING INCLUSION OF CERTAIN EMPLOYEES OF THE PUBLIC WORKS DEPARTMENT IN THE FLE%IBLE BENEFIT PLAN FOR CITY EMPLOYEES: � 16 Mr. Hunt, Assistant to the City Manager, stated the Couneil approved a flexible Cenefit plan for non-Union employees and the eligibility section indicated Union employees could join. He stated this resolution would allow Union Publie Works employees to enter into this plan effective September 1, 1987. MOTION by Couneilman Schnezder to adopt Resolution No. 45-1987• Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. RESOLUTIDN N0. �46-1987 CONFIRMING APPOINTMENTS TO THE CITY OF FRIDLEY CO[�1.TSSIONS FOR THE YEAR 1987� MOTION by Councilman Fitzpatrick to adopt Resolution No. 46-1987 and include the reappointment this evening of Walter Rasmussen to the Housin� & Redevelopment Authority. Seconded by Councilman Sehneider. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unammously. COI�LSIDERATION OF AWARDING OR REJECTING BIDS FOR THE REPAIR OF THE COMMONS PARK FILTRATION PLANT PROJECT #16$: Mr. Flora, Public Works Director, stated the Couneil received these bids on MaY u, 1987, however, the contract was not awarded as staff was to review the specifications with TKDA to determine if there should be any modifications, as the bids were higher th an was anticipated. He stated some changes have been discussed and elimination of the backwash tank would reduce the cost to $1,272.800. He stated in discussions with TADA and the Minnesota Pollution Control Agency, in regard to disposal of the backwash material, it appears the existing National Pollutant Discharge Elimination System permit is still valid and disposal of manganese waste will not affect its use by the City. He stated based upon this information, it appears additional modifications can be made to the filter plant to achieve even further cost savings in the design and construction. He atated it also appears in the near future, the City will not be required to deal with backwash material and the State does not anticipate actions to eliminate the discharge of groundwater into the storm system. Mr. F7.ora stated the Council could either award the original contract to Shank Mechanical, the low bidder, as designed; award the contraet to Shank Mechanical and approve change order No. 1 with nine items for a reduction of -15- ,-�, �� `_ v .� COiTNCIL MEETING OF JIINE 1. 1987 � $247,200; or reject all the bids and have TKDA redesign the plans and specifications totally eliminatig the manganese and iron backwash requirements, Councilman Schneider asked if the manganese wa� di�char�ed into the river, if it would cause pollution. Mr. F1ora stated under today's standards, it is not. He stated manganese and iron in the water aren�t a health issue. He stated after discussions with staff inembers of the MPCA, they don't plan on changing the controls and manganese isn't a controlled item. Mr. Tom Kirk, representing TKDA, stated iron and manganese are inorganic materials and do not deplete o�cygen and create foul conditons in the water. He stated they do, in a uay, pollute, but not like sewage or organic materials. Mr. Kirk stated under the present MPCA system, there are levels of iron and manganese that are allowed to be discharged in the river, and the City cannot exceed these amounts. He stated at the present time, the City can stay within these limits, particularly at the Loeke Fark system where there are provisions to separate these materials. He stated everything at Commona Park hss to he discharged into the river. Mr. Kirk stated when TKDA was designing the filtration plant for Commons � Park, the Clean Water Act recent amendments were under consideraton in Washington, D.C. He stated it seemed there was going to be a great deal of emphasis placed on cleaning up the storm sewer discharges, however, iron and manganese aren't some af the gross pollutants. He stated there are still provisions in this Aet for becoming tougher with storm water diseharges, however, the City's current position is they do not expect that these discharges Would be contralled for at least five years, unless there is a change of policy at the State level. He felt the point should be made that they cannot guarantee that, in the future, the City wouldn't be faced with separating those materials from the backwash water at the treatment pl ant before discharge to the river. He stated he felt, in time, it would be required. He stated there are so many more other pollutants now in the river that this is low on the list of priorities as it is marginally pollutionable. Mr. Qureshi� City Manager, asked Mr. Kirk if he foresees any new tech nol ogy that might make it easier and less expensive to control these materials. Mr. Kirk stated the methods proposed in the plan for removal of iron and manganese are as inexpensive as they probably ever would be in the future. He stated o� of the alternatives would be to make a provison for the future addition of the facilities proposed today and in so doing, it would minim�.ze costs. He stated if all provisions or the backwash were eliminated, the additional costs in the futvre to provide the backwash would probably be about $200,000. � Councilman Schneider stated, environmentally, it would be better to install the baekwash. -16- j � � � 17 COUNCIL MEETING OF JUNE 1, 19a7 Mr. Kirk stated he felt everyone is in favor of pollution control and it seemed with the amount of work being done at the plant anyway, it may be a good opportunity to make the investment for the backwash. Mayor Nee asked if funds may be available under the Clean W aters Act to cover some of the costs. Mr. Kirk stated money was never avail ale, except in cases of lime sludge. Mr. Flora stated it seems nothing will change in the next five years, but no one knows after that time. Councilman Goodspeed stated he felt if the City does not discharge its limits, it encourages the MPCA to liberalize the limits for others. Couneilman Schneider stated if a pollution issue is involved and changes are now being done to the plant, it appears this improvement should be included if there is a prospect it may be required in the Future. Mr. Flora stated by using the shallow wells, the City does have more manganese problems. He stated if the City doesn't deal with the manganese, the filters will not last and there is better water quality when the manganese is removed. Mr. Qureshi asked Mr. Kirk if TKDA was designing a nex plant, would they have recommended this backwash system. Mr. Kirk stated he can safely say, there hasn't been a new plant construeted without recycling the backwash. Mayor Nee asked Mr, E7ora if he would recommend the City proceed with the original design plans. Mr. Flora stated if the City is going to provide the best system, then we should proceed with the original design. Councilman Sehneider asked what staff had estimated the cost for this project. Mr. Flora stated the estamates were 1.1 to 1.2 million and the bid was for $1,�450,000. He stated there are some items that could be ehanged, based upon the letter from the low bidder, Shank Meehanical, and still maintain the same design by changing the type of pipe and alignment of some of the lines, He stated this would probably be a$40,000 to $50,000 reduction. MOTION by Councilman Schneider to award the eontraet for repair of the Commons Park Filtration Plant Projeet �k164 to the low bidder, Shank Mechanical, Inc, in the amount of $7,450,000. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee decl ared the motion carried unanimously. Mr. Qureshi, City Manager, stated staff would review the possibility of reducing these costs $40,000 to $5D,OD0 and a change order may be necessary. RECEIVING BIDS AND AWARDING CONTRACT FOR STREET IMPROVEMENT PROJECT ST 1987-10 (SEALCOAT): MOTION by Couneilman Schneider to receive the following bids for Street -17- 0�°,^�' L� � 1 m 19 COUNCIL MEETING OF JIINE 1. 1987 Improvement Project ST 1987-10 �Sealcoat): PLANHOLDER Allied Blacktop Company 10503 89th Aven� No. Shakopee, MN 55375 Buffalo Bituminous Box 337 Plymouth, t�IIV 55442 Bituminous Roadways 2825 Cedar Ave. Maple Grove, MN 55369 � :� ► 5� 5� 5% TOTAL B ID $60,933•73 $65,222.60 $75,29�.13 o�� ..�. Seeonded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Direetor, stated the sealcoating pro�eet was bid jointly with the City of Columbia Heights and the low bid was received from Allied B3acktop. He stated Fridley's portion of the total bid w as $6D,933•73 and reeommended the bid be awarded to Allied Blacktop. MOTION by Councilman Schneider to award Street Improvement Pro,7ect ST 1987-10 tSealcoating) to the low bidder, Allied Blacktop, in the amount of $60,933•73• Seconded by Couneilman Fitzpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS : MOTION by Councilman Schneider to authorize payment of Claims No. 14553 through 1k729. Seconded by Councilxoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unana.mously. LICENSES: MOTION by Councilman Goodspeed to approve the licenses as submitted and as on file in the License Qerk�s Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Hunt, Assistant to the City Manager, stated it should be noted that these license approvals include an application for a eharitable gambling 1 ice nse . 20. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Smith, Juster, Feikema, Malmon & Haskvitz � o�� -,.� COUNCIL I�ETING OF JUNE 1. 1987 � 6401 University Ave. NE Suite 301 Fridley, Minnesota 55u32 For Services Rendered as City Prosecutor For the Month of March, 1987 • • . • • . • • • • • . • $ 8, 850.00 For the Month of April, 1987 . . . . . . . . . . . . . 7.944.75 $16,794.75 Halvorson Construction Co. 4227 - 165th Ave., N.E. Anoka, MN 553o4 Miscellaneous Concrete Curb, Gutter & Sidewalk - 1987 Estimate No. 3 • • • . • • . • • . � • • • � • • • � • $ � � � 02 •95 Minnesota V alley Landscape, Inc, 9700 Bush Lake Road Minneapolos, PRJ 55438 Landscape, Irrigation & Lighting Pro�ect 4k168 Estimate No. 4 . . . . . . . . . . . . . . . . . . . . $45,687.40 Seconded by Couneilman Goodspeed, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 21. CONSIDERATI�N OF EXTENDII�'i TIME TO REC�RD P.S. #86-44. RN ER L�TS ADDITIQN PLAT, KEITH & DIANE HARSTAD. 6652 EAST RNER ROAD: Mr, Robertson, Community Ilevelupment Director, stated the Couneil approved this plat on September 8, 1986 and it had to be recorded at the County in six months. He stated this was not done, therefore, an extenaion to the recording time is requested. MOTION by Councilman Fitzpatrick to extend the time to record this gl at for another six months to September 8, 1987. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTTON 6y Couneilman Sehneider to adjourn the meeting. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 1, 1987 ad�ourned at 11:12 p.m. Respectfully submitted, n -�-.-� s�'� w� � �, o ir_ i./ � Carole Haddad, William J. Ne Secretary to the City Council Mayor Approved: -19-