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04/18/1994 - 00004862� THE MINOTES OF THE R$GULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 18, 1994 Mayor Pro Tem Schneider called the Regular Meeting of the Fridley City Council to order at 7:45 p.m., after the Council met as the Board of Review. MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Mayor Pro Tem Schneider, and Councilwoman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING. APRIL 4. 1994: MOTION by Councilman Billings to approve the minutes as presenteda Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion aarried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting � aye, Mayor Pro Tem Schneider declared the motion carried unanimouslyo OPEN FORUM. VISITORS: � Mr. David Sallman, Public Safety Director, introduced new employees of the Police Department, He stated that Liz Chevalier was hired to fill the vacanoy of Crime Prevention Specialist. He stated that she previously worked for the City in the same position and has a BS Degree from the University of Minnesota and a certificate in social work. Mr. Sallman also introduced four new Police Officers, Jon Burnham, Dan Douglas, Greg Salo and Jeff Smith. He stated that Jon Burnham was raised in New Hope, received his AA degree from North Hennepin Community College, and was previously employed at United Parcel Services, Mr. Sallman stated that Dan Douglas was raised in Byrona Minnesota, received his AA degree in law enforcement from Rochester Community College, and was previously employed in Iowa as a police officer. Mr. Sallman stated that Greg Salo was raised in Fridley and attended Coon Rapids High School. He stated that Greg received his AA degree from Anoka Ramsey Community College and was a former Community Service Officer at Fridley and a Deputy with Hennepin County. Mr. Sallman stated that Jeff Smith was raised in St. Paul and attended Cretin High School, received his AA degree from Lakewood Community College, and was previously employed by the Minnesota Zoo. �� � � � ERIDLEY CITY COUNCIL MEETING OF APRIL 18, 1994 RAGE 2 The City Council welcomed these new employees to the City. OPEN FORUM, VISITORS: Mr. Clarence Theisen, 111 63rd Way, voiced several concerns. He stated that his home was broken into several years ago even though he had notified the Police Department that he would be away. He stated that over a year ago, Police Department personnel followed him to his home after leaving the liquor store. He stated that this was reported to liquor store personnel, but nothing was ever done. He stated that he was also concerned with people not observing traffic signals. Councilwoman Jorgenson advised Mr. Theisen that it would have been helpful if these items had been brought to the Council's attention sooner so that they could have been checked. Councilman Schneider asked Mr. Theisen to forward his concerns, in writing, to the Council. At that time they would be reviewed. PUBLIC HEARINGS: 2. PUBLIC HEARING ON AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 506, ENTITLED °1VEHICLE PARKING,11 BY AMENDYNG SECTION 506.13. "PARKING IN RESIDENTIAL DISTRICTS:" MOTION by Councilman Billinqs to waive the reading of the public hearing notice and open the public hearing. Seconded by Counci3- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion oarried unanimously and the public hearing opened at 7:55 p.m. Mayor Pro Tem Schneider stated that this public hearing is on a proposed ordinance amendment. He stated that the purpose of this hearing is to receive input from the public and hear arguments for or against this proposed amendment. He stated that no action would be taken this evening on the proposed ordinance amendment. Mayor Pro Tem Schneider stated that staff would present a report on this amendment, with an opportunity for the Councig �o ask questions after staff's presentation. He stated that this issue would then be open for the public to ask any questions and then comments for or against the proposed ordinance amendment would be heard. MOTION by Councilman Billings to receive a letter from Arnie Ostlund, 1453 64th Avenue, dated April 4, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive letters from David Vant, 7555 Van Buren Street, dated April 12, 1994; Dennis and FRIDLEY CITY COUNCIL MEETING OF APRIL 18, 1994 PAGE 3 � Kathleen Webber, 1371 75th Avenue, dated April 10, 1994; and Mervin Herrmann, 278 Mercury Drive, dated April 18, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, a11 voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that six to ten times per year staff receives complaints about large vehicles on private property. She stated that these complaints relate to noise, size and conflict with the single family areas. She stated that most of these vehicles have a diesel engine, and there are noise and odors associated with these engines. She stated that sometimes there is a visual obstruction because of the size of the vehicle, which may take up an entire driveway. She stated that some of the vehicles may be used as an illegaT home occupation. Ms. Dacy stated that this proposed amendment is to Chapter 506 of the City Code and contains a variety of issues regarding safety. She stated that Section 506.13 contains language that prohibits parking of vehicles over 12,00o pounds on the street. She stated that some communities prohibit parking not oniy on the street, bu� private property. In some cities, there may be a 10,000 pound limit. Ms. Dacy also stated that currently there is no language within Section 506.13 of the Code that addresses parking of large vehicles on private properties in residential districts. � Ms. Dacy stated that the relevant definitions for terms used in the vehicle parking code are set forth at the beginning of Chapter 506 of the City Code. She stated that these definitions are important to this issue since only those vehicles identified by the definitions are subject to the requirements of Section 506.33. She stated that the definitions reference s�ate statues which define the vehicles. Ms. Dacy then reviewed the statutory definitions of a mobile home, house trailer, tractor, truck, semitrailer, and bus. Ms. Dacy stated that the intent of the proposed ordinance is �o prohibit vehicles over 12,000 pounds of weight on priva�e property, and the other portion of the ordinance would limit residents tc storing one vehicle on the property if its licensed gross vehicle weight is between 3,001 and 12,000 pounds. She stated that it has been determined that the 3,000 pound limit is too low, and this minimum should be increased to 6,001 pounds. Ms. Dacy stated that some of the owners of larqer trucks felt they should be grandfathered in, and that this proposed ordinance should not apply to them. She stated that the City Attorney has reviewed this issue, and the grandfather clause appYies only to zoning code provisions. Ms. Dacy stated that this proposed ordinance amendment was not � intended to include recreational vehicles. She stated that the ordinance could possibly be interpreted to read that recreational vehicles are covered by this amendment due to the manner in which � FRIULEY CITY COIINCIL MEETYNG OF APRYL 18. 1994 PAGE 4 the statute defines the terms. She stated that recreational vehicles oould be excluded from the proposed ordinance amendment by eliminating house trailers and mobile homes from the list of defined vehicles or adding other language to exclude such vehicles from the parking restriction on private properties. Ms. Dacy stated that there was a concern about the reference to the weight of vehicles and if recreational vehicles over 12,000 pounds would be allowed to be parked on private property. She stated that the point to be discussed is if the weight restriction should apply to residential properties. Councilman Billings questioned if there were only six to �en complaints per year, how the issue got to this point. He asked how many complaints were for vehicles over 12,000 pounds in weight. Ms. Dacy stated that there were two specific property complaints that generated staff research, and this was brought to the Council's atten�ion. She stated that the majority of the complaints pertained to the larger trucks. Mr. Barg, Code Enforcement Officer, stated that the number of complaints is an estimate since no record of these calls exists unless the complainant alleqes the vehicle to be unlicensed and/or � inoperable. He stated that if the vehicle is licensed and operable, there is no further action, as the vehicle is in _ compliance with the current code. �I Ms. Lynn Gasparro, 1604 Briardale Road, asked if boats and trailers were included in this ordinance. Ms. Dacy stated that boats and trailers are not included. Mr. Quentin Freeburg, 301 Rice Creek Terrace, stated that there were a number of churches that maintain buses on their propertieso and he asked if they would be affected by this ordinance amendment. Ms. Dacy stated that churches would be subject to this proposed amendment because there is reference to residential property. Mr. Freeburg asked what was meant by visual obstruction. Ms. Dacy stated that if there are several large trucks parked in a driveway, there is visual obstruction for neighbors who cannot see �o back out of their driveways. Mr. Freeburg asked if there was not some other way to handle these complaints. Ms. Dacy stated an ordinance that could possibly apply would be the junk vehiale ordinance; however, if the owner makes sure the vehicle is in an operable condition, it is not a junk vehicle. FRIDLEY CITY COUNCIL MEETING OF APRIL 18. 1994 PAGE 5 � She stated that the other ordinance that may apply would be an amendment to the home occupation ordinance on what types of vehicTe activity would be allowed on the property. Mr. Ed Thayer, 6526 Clover Place, stated that there is no question this ordinance would include recreational vehicles, as they weigh over 12,000 pounds. Ms. Dacy stated that the intent was not to include recreational vehicles. If this is the way it is interpreted, the wording should be changed. Mr. Lee Switzer, 5870 7th Street, asked if he and a trailer, in violation of the proposed ordinance if he had a dump truck and the trailer is an E classification. He stated that the two had to go together. Ms. Dacy stated that this would have to be clarified in the ordinance. Mayor Pro Tem Schneider stated that the way it is now worded, he wouTd be in violation. Mr. James Dawson, 6360 Van Buren Street, stated that he just � purchased a recreational vehicle that weighs 15,000 pounds. He stated that if he had to store it, the cost would be between $75 to $100 per month. Mr. Warren Paulson, 6881 Highway 65, stalted that he is the owner of the Budget Host Motel, and his property and the Insurance Mart and Knights of Columbus Hall are zoned residential. He stated that if this ordinance is adopted, he would need a special use permit in order to remain in business. Ms. Dacy stated, in essence, that these properties are commercial even though they have an R-3 zoning. She stated that to apply this ordinance to these particular properties would not be appropriate. Mr. Dave Sinigaglio, 4875 3rd Street, commentecY about the road restrictions in the City. Mr. Maynard Edson, 5190 Buchanan Streelt, stated that 12,000 pounds is not much weight, anci he felt it is very restrictive. He felt that if the minimum was changed from 3,000 pounds to 6,000 pounds, the license classifications would also need to be changed. Mr. Dick Thomasson, 7498 Jackson Street, stated that he has a recreational vehicle, but if he is restricted to 12,00o pounds� he woulci be in violation of this proposed ordinance. � Mr. Henry Zimmer, 4021 California Street, asked if a tool van would be covered under this proposed ordinance. FRIDLEY CITY COUNCIL MEETING OF APRIL 18 1994 PAGE 6 � Mayor Pro Tem Schneider stated that as the ordinance is written, vans are not included. Mr. Theisen, 111 63rd Avenue, stated that he has a pickup which weighs 8,100 pounds and a 35 foot fifth wheel trailer which is a D classification and weighs no more than 9,000 pounds. He wanted to know if he could park these in his drivewaye Mayor Pro Tem Schneider stated that as the proposed ordinance is written, he could not. Ms. Agnes Mihalow, 5411 Madison Street, stated that with only �wo complaints received by the City, this certainly has opened a"can of worms," and she felt it did not need to be done. Mr. Don Gonko, 1361 75th Avenue, voiced his concern about trucks parked in the driveway at 1371 75th Avenue. He stated that these trucks are started every morning between 5:30 a.m. and 7:30 a.m., and the noise from the diesel enqines vibrates his whole house. He stated that one family in the area has to use fans in their bedrooms due to the noise. He stated that he did not like these commercial trucks in the neighborhood. He also said that he cannot see to the end of the block. 1 Mr. Gonko played a cassette tape of what he hears every morning when the trucks are started. He stated that he did not say anything when there was only one truck, �ut now there are two. He wondered if there would be more in the future. Mr. Gonko presented a petition for removal of these trucks from the neighborhood. MOTION by Councilwoman Jorgenson to receive Petition No. 2. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mr. Quentin Freeburg, 301 Rice Creek Terrace, felt that there were not a lot of complaints about commercial vehicles. Possibly these could be handled by a less restrictive means and the City could leave the ordinance as it now exists. Mayor Pro Tem Schneider stated that the existing ordinances do not provide the tools to address these issues. Mr. Willard Kastensen, 1541 Rice Creek Road, stated that in his neighborhood, a neighbor starts his truck at 5:OD a.m. and lets it warm up 15 fo 2D minutes. He felt that commercia3 trucks should not be tolerated in a residential area. He stated that one of the � vehicles in question has not been moved for years, and it creates an eyesore and devalues property. He stated that at any time, his neighbor can bring in any type of truck even though it blocks his view. Mr. Kastensen spoke in favor of the ordinance. FRIDLEY CITY COUNCIL MEETING OF APRIL 18, 1994 PAGE 7 � Mr. Darrell Cedarholm, 1551 Rice Creek Road, stated that he strongly supports the proposed ordinance. He stated that he has lived in Fridley for seventeen years and knew there were large trucks in his neighborhood when he purchased his property. He incorrectly assumed Fridley hacl an ordinance to prohibit the commercial vehicles in a residential area. He stated that the size of the vehicles can be very intimidating, and they create noise and air pollution. Mr. Cedarholm stated that at one time the situation was so bad that the Police nepartment was called. When they came into the house, their eyes burned. He stated that safety is another issue, as Rice Creek Road is a residential collector street. He felt that a person should not be able to operate a large trucking business in a residential area, and he did not understand why surrounding communities had ordinances protecting their residents but Fridley did not. Mr. James Sommers, 6221 6th Street, stated that he has lived in Fridley for thirty years. Most of the time has had a camper but never a complainte He felt that most of the campers are in people°s back yards and out of sight. He felt that the issue of campers and large commercial trucks should be separated. Ms. Dolores Kastensen, 1541 Rice Creek Road, presented a petition in favor of this proposed ordinance. � MOTION by Councilwoman Jorgenson to receive Petition Noo 30 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Ms. Kastensen stated that the City allows the privilege of industrial vehicles to park on residential property and streets. She stated that this is abuse, which results in air pollution and disruption of lifestyle. She stated that she must keep her windows closed due to the pollution from the diesel engines of the commercial vehicles parked on her neighbor's property. She stated that �.his also devalues property and creates a stigma by allowing parking of those vehicles in a residential area. She stated that the taxes she pays are for residential living, not for industrial living. Ms. Kastensen stated that some truck operators feel this proposed ordinance may mean a change for them. She stated that in the name of progress or betterment of the community, everyone has to make changes. She stated that the majority of the residents in her neighborhoocT expressed the need for this ordinance, and it would be in the best interests of the home owners. She requested that the Council pass this ordinance to make properties better and 4.0 keep up property values. � Mr. Jim Bates, 6211 6th Street, felt that large commercial vehicles and recreational vehicles should be two separate issues. He FRIDLEY CITY COUNCIL MEETING OF APRIL 18, 1994 PAGE_8 � suggested that recreational vehicles be eliminated from this proposed ozdinance. Mr. Jim Ring, 1500 Rice Creek Road, felt that two issues are involved. He stated that from talking with people, the majority of people aqainst this ordinance are against it because it includes recreational vehicles and camperse He stated that recreational vehicles have not been the source of complaints. He stated that commercial vehicles are a totally separate issue. Mr. Ring stated that the commercial vehicles in his area have been there for some time. He stated that the reality is that people abuse rights and privileges. An individual is powerless to do anythinq about it and looks to the City for enforcement. Mr. Bill Camp, 6280 University Avenue, stated that he would like recreational vehicles eliminated from this proposed ordinance. He felt that it was important that two vehicles be allowed, rather than just one, in order to accommodate visitors. He stated that he would be in favor of the ordinance amendment, if the issue of recreational vehicles was eliminated. Mr. Gene Engelbrecht, 6800 Madison Street, stated that he would be in favor of this proposed ordinance, if the following wording was added: "Factory manufactured vehicles intended for recreational use � shall be exempt from this ordinance.B' Ms. Cindy Kummrow, 4632 2nd Street, stated that sometimes motor homes and recreational vehicles are unsightly. She stated that limiting access to public streets is one thing, but she questioned limiting access to private property, She felt that a person°s livelihood had to be �aken into consideration, as they may need to park a commercial truck on their private drivewaya Mr. Bob Miller, 6293 Jackson Street, stated that he can appreciate some of the complaints about Iarge commercial vehicles. He stated that he has a 12,000 pound vehicle, and the Council might wish to consider not allowing dual tandem vehicles, as these enqines are very loud. Mr. Miller stated that nis truck has been in the neighborhood for 22 years. His son has a vehicle whiah weighs more but is smaller in size. He stated that to store his vehicle would cost him about $6, 000 a year, and that is a Yot oP money for a small business. Mr. Steven Thill, 7603 Meadowmoor Drive, stated that he felt this proposed ordinance invaded his privacy as a property owner and takes away his right to park a recreational vehicle on his land. He asked that the commercial trucks be separated from �he recreational vehicles and that any reference to recreational vehicles be removed form the ordinance. He stated that he would � support the ordinance if recreational vehicles were not included. FRIDLEY CITY COUNCIL MEETING OF APRYL 18. 1994 PAGE 9 ' Mr. Ed Thayer, 6526 CloVer Place, stated that he would support the proposed ordinance if recreational vehicles are not included in the ordinance. Mr. Tom Moore, 6580 Central Avenue, stated that he felt the industrial trucks and recreational vehicles are separate issues. He stated that it seems a person has to make a living. Placing land values and aesthetics above a person's right to make a living was not right. He stated that he was not in favor of the ordinance. Mr. Walter Luckow, 161 64-1/2 Way, stated that he has had recrea- tional vehicles for twenty years. He stated that he has a motor home parked in his side yard, and this is not a problem for the neighbors. He stated that he can sympathize with people who have trucks roaring beside their homes. He stated that he would be in favor of the ordinance if recreational vehicles were excluded from this proposed ordinance, Mr. David Locker, 5664 Jackson Street, stated that he has a 26 foot motor home, a 30 foot travel trailer, and a 21 foot boato He aelt that the Council does have to address the issue of the large commercial vehicles, but that recreational vehicles should be excluded. � Mr. Edwin Meaney, 6520 Able Streeto stated that they have just bought a 19,000 pound motor home, and they have not had any complaints from the neighbors. He stated that he would like more freedom. He stated that he does not appreciate the large commercial vehicles, garbaqe vehicles, or sirens, but some things are necessary. He stated that there are people who have to make a living with their trucics. He statecl that nothing is perfec�, including noise control, and laws now on the books should be enforced but no more are needed. Ms. Nancy Hartwig, 4921 3rd Street, stated that this ordinance would hurt truck drivers. She agreed that the recreational vehicles should be separated from this ordinance, as it is a different issue. She stated that truckers make everyone°s lives and jobs easier. Srie stated that in 1994p there will be legislation for commercial vehicles, as currently there are no standards for diesel engines. She stated that semi�railer operators have to meet stringent standards. Ms. Hartwig stated that there were four occasions where police officers were dispatched to her home to remove trucks on the street. She stated fhat they are permitted to load and unload their trucks and then they must be moved. She stated that they do everything possible �o comply with the ordinanceso She felt that everyone has to learn to be a little toTerant of each other. � Mr. Lee Erdahl, 248 Liberty Street, felt that the ordinance needed to define trucks versus recreational vehicles. He stated that most FRIDLEY CITY COUNCIL MEETING OF APRIL 18. 1994 PAGE 10 � of the recreational vehicles are in the D classi�ication. Mr. Bob Schewe, 1153 Mississippi Street, stated ��at he has driven truck for 35 years. He stated that he does not let his truck run when it is not necessary. He stated that he plugs his truck in when he starts it, and it does not cause a lot of smoke. He stated that if he parked the truck on a commercial property, it would be vandalized. He felt that what �rought this issue to light was the dump trucks that had not been moved in years. Mr. Schewe felt that trucks should be allowed in a residential area and possibly have restrictions about how long they could run and the length of time they could be parked. Councilman Schneider asked Mr. Schewe what �e felt would be a reasonable period of time for trucks to be parked at any one time. Mr. Schewe stated that three days would be adequate, but this may be different for other truckers depending on their schedules. Mr. Larry Petry, 6700 Channel Road, stated that he would like to use his property as he wishes rather than the City telling him how he can use his property. Ms. Elsie Hanscom, 6000 Stinson Blvd., stated that their tow vehicle is a one ton pickup with an E license. She asked if � recreational vehicles are excluded from this proposed ordinance, if this would exclude their pickup. Mayor Pro Tem Schneider stated that the input receive8 this evening is that anything that is recreational in nature be excluded from this proposed ordinance. He stated that the Council would take all the comments into consideration, and he suspected there would be changes in this proposed ordinance amendment. Ms. Donna Tigner, 6370 Monroe Street, stated that she owns a recreational vehicle and has to stand up for the right to protect private property if it is not an eyesore for the community. She stated that the large gravel trucks should be removed or painted, She stated that her parents drive a diesel one �on pic�up. If they were to visit, she did not know where they could park. Mr. Rich Olson, 1660 Mississippi Street, �elt that the whole ordinance is ridiculous. He stated that he has lived in Fridle� for 47 years, and vehicles all make the same amount of noise. �e stated that the City is trying to tell someone they do not have the right to park fhese vehicles on their property. He stated �hat he has lived near the railroad tracks and become adjusted to the noise over a period of time. He Pelt that in situations where there are complaints, generalTy, the people themselves are having a disagreement with others in the neighborhood, He stated that it � is not the vehicles as much as it is two parties against each other. ' � I I � FRIDLEY CITY COIINCIL MEETING OF APRYL 18, 199ffi PAGE il Ms. Janet Langer, representing her father, Lester Chies who resides at 1530 Rice Creek Road, stated that her father owns the dump trucks that have caused these problems, She stated that when they moved to this neighborhood, t�ere were probably onTy four or five residents in the area. She stated that she did not believe that the trucks devalue property, and she submitted a letter from a licensed realtor, Mr. Art Ohotto, which indicated "that if the trucks have any affect now, which they may or may not, then they had to have the same affect when residents bought their property.1° He stated that if the trucks did not affect the value then, they should not affect it now. Ms. Langer asked why her father's trucks would not be grand- fathered, as she understood this was the case with Fantasy House. Mr. Herrick, City Attorney, stated that the question with Fantasy House was if the ordinance applied to the type of business they were conducting, and the court stated that it did not. Ms. Langer stated tha� the neighbors a�t one time did have goats ancY they were grandfathered. Mr. Chies stated that Rice Creek Road is a County road and is busy 24 hours a day, so there is noise. d-Ie stated that between 3:30 p.m. and 5:30 p.m. you cannot back onto that road. Mr. Chies stated that he has not used the truck in four years, but there may come a time when he needs the vehicle. Ms. Langer stated that her father needed a second vehicle to drive. kiayor Pro Tem askecY if there was not some compromise that could be worked out with the neighbors. He stated that the City is going through a lot of discussion and hearings for a handful of problemse Ms. Langer stated that if someone is making a living driving a truck, this should not be taken from him. Mr. Chies stated that he leaves between 5:30 a.m. and 6:00 a.m. and does not try to wake anyone. He stated that you neecl enough time �o pump the air up and get out of the c�riveway. I-Ie stated that he should be told if he is making noise, and he would try 'to keep it down. Ms. Langer stated that she has lived at i530 Rice Creek Road for over twenty years, and no one made any comments. She stated that alY of a sudden there was a lawsuit, and they went to court and won. She stated that no one took the time to listen to what they had 'co sayo MOTTON by Councilwoman Jorgenson to receive the letter dated April 14, 1994 from realtor, Arthur Ohotto, regardinq truck parking FRIDLEY CITY COUNCIL MEETYNG OF APRIL 18 1994 PAGE T2 � on property at 153o Rice Creek Road. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Wally Froehle, 508 67th Avenue, stated that he has lived in Fridley 31 years and owned a travel trailer for 25 years. He felt that people keep their recreational vehicles better looking and cleaner than some of the homes and yards in Fridley. He felt that the recreational vehicles and trucks are two differen£ issues, and that there should be some restrictions on the large commercia3 trucks. Mr. Warren Paulson, owner of the Budget Host Motel on Highway 65, stated that he has truckers who stay at his moteY, and he asked his options for his property. Mr. Herrick, City Attorney, stated that the options would be to rezone the property or another solution. If this ordinance is adopted, language could be included that would apply to Mr. Paulsoh's situation. Mayor Pro Tem Schneider stated that the City does not intend to inhibit Mr. Paulson�s business. � Mr. Douglas Juenemann, 6280 7th Street, stated that he has a 30 foot travel trailer that he has had in storage. He felt that if it was left on the street for only a few days out of the year, - it would not hurt anyone's property value. He stated that if recreational vehicles were eliminated from this proposed ordinancea he would be in favor of ito Mr. Curt Barsness, 6581 Central Avenue, felt that people with larger trucks should have some consideration. He felt that if they are good citizens, they should have the opportunity to park their vehicles with their neighbors° blessings. He £elt that to pass an ordinance with no recall does not make much sense. Mr. Lee Switzer, 5870 7th Street, stated that he owns a recrea- tional vehicle, has a 3/4 ton pickup, and will probably purchase a one ton pickup, but he could not do this under the provisions of the proposed ordinance. He felt that there is too much government control now, and several years from now it will be fightened further. He stated that he is not in favor o£ the ordinance period because he sees some danger in where it is heading. He fel� that if there is a particular issue, it should be addressed and leave the rest of the property owners to their private property. Mr. Dean Bliss, 5212 Fillmore Street, stated that he currently owns a 9,000 pound recreational vehicle and would not like to see any � weight restrictions on �hese vehicles. He stated that he would like recreational vehicles specifically excluded from this proposed ordinance. FRIDLEY CITY COUNCIL MEETING OF APRIL 18. 1994 PAGE 13 � Mr. David Vant, 7555 Van Buren Street, stated that he submitted a letter which the Council received at the beginning of the meeting. � He stated that he runs a business out of his fiome and parks his trucks at a mini-storage facility. He stated that when a truck runs late, they will sometimes park it in the driveway overnight. He stated that he would hate for this ordinance to be adopted. He stated that people are not going to operate a terminal out of their homes unless a trucker does not have any other option, He stated that he definitely would not want recreational vehicles included in this proposed ordinance, and he would like everyone to be able to keep their personal freedoms, Mr. Ben Baxter, 191 Rice Creek Terrace, stated that he would suggest that the ordinance be revised to exclude church buses and private school buses parked on church property. He stated he is concerned that the ordinance is much too broad, and church buses should not be included in the ordinance. Mr. James Dahl, 1520 Rice Creek Road, stated that he has lived at this address for eight years. He stated that the dump trucks were at his neighbor's before he purchased his home, and he either had to accept them or buy another home. He stated that his home has not decreased in value, but actually has increased. He stated that the problem comes down to being neighborly. He stated that af ' someone has a problem, they should tell the person. Mr. Dahl stated that he has known Mr. Chies for many years. He knows Mr. Chies has a lot of respect for neighbors, and the last thing he would want to do is pollute their air. He stated that he would like to see the neighbors work this out, as it is a personal issue. Mr. Jennifer Webber, 1371 75th Avenue, representing her father, stated that no one had complained about the trucks being parked in their driveway until now. She stated that when they received a call that the trucks were noisy, they were quickly started and gone from the property. She stated that they have invested a lot of money in the trucks and would like to keep them at their home to make sure they are not vandalized. Mr. Webber, 1371 75th Avenue, stated that once he became aware that the noise was bothering his neighbor, the trucks are only run there five minutes at the maximum. He stated that both the trucks are new, are washed every week, and are no eyesore. He stated that a police officer has checked the noise, and they are not over the noise limits. Mr. Arnie Ostlund, 1453 64th Avenue, stated that he has been parking his truck in his driveway for seventeen years and did not think there has been any complaints. He stated that the truck is visible mostly from the front of his driveway. He felt tnat people � have to try and get along with each other. He stated that most of the recreational vehicle owners indicated they were in favor of the ordinance once they felt that recreational vehicles would not be �II FRIDLBY CITY COUNCIL MEETING OF APRIL I8. 1994 PAGE 14 included. He stated that some of the recreational vehicles weiqh more than his truck. He felt that the proposed ordinance was not needed, as there are only a handful of problems. Mr. Don Gonko, 1361 75th Avenue, submitted newspaper articles and facts regarding the two commercial diesel trucks parked on his neighbor's driveway. MOTION by Councilwoman Jorgenson to receive the documents submitted by Mr. Gonko, which states the facts as he perceives them. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mr. Dick Lund, 6836 Monroe Street, stated that he purchased a tandem trailer in 1976. He has since sold it and purchased a travel trailer. He stated that he called the City to determine if there were any restrictions. Since it had to be parked on concrete, he paid $800 to install a concrete pad. He stated that the City is now telling him that he cannot park the trailer on his property. Councilman Billings stated that he came to this public hearing unable to support the ordinance amendment as written and has not � heard anything this evening that changed his point of view. He stated that he shares some of the comments that were made and Mr. Dahl's comments about being neighborly. He stated that in most cases, everyone wants to be good neighbors, and he did not think the citizens of Fridley want to upset their neiqhbors. Councilman Billings stated that six to ten complaints a year are received on commercial vehicles, and five or six complaints are received on recreational vehicles. I-Ye stated that when the City gets involved and lets residents know their neighbors are upset, in most cases, people will probably take care of the problem. He stated that he honestly does not thin➢c this is a big problem in the City to the point where it has to be regulatedy and he could not support such an ordinance. No other persons in the audience spoke regarding this proposed ordinance amendment. MOTION 2�y Councilman Schneider to close �he public hearingo Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 10:58 �.m. Mayor Pro Tem Schneider stated that this issue would be delibera�ed by the Council. The residents would be notified when action would � be taken if they have signed the attendance form or filled out a card to speak at this public hearing. He thanked everyone for attending and conducting themselves well, as this was an emotional issue. FRIDLEY CITY COUNCIL MEETING OF APRIL 18, 1994 PAGE 15 � RECESS: Mayor Pro Tem Schneider called at recess at 11:00 p.m. RECONVENED: Mayor Pro Tem 5chneider reconvened the meeting at 11:10 p.m. All Council members were present. PUBLIC HEARING ON TWO PRELIMINARY PLAT REOUESTS, P.S. #94-02 (NORTHCO BUSINESS PARK 5TH ADDITION) AND P.S. #94-03 (TARGET NORTHERN DISTRIBUTION CENTER 3RD ADDITIONI, BY FRTDLEY BUSINESS CENTER PARTNERSHIP AND DAYTON HUDSON CORPORATION. TO REPLAT PROPERTY LOCATED WITHIN THE PLATS OF NORTHCO BUSINESS CENTER 4TH ADDITION AND TARGET NORTHERN DISTRYBUTION CENTER ADDITION FOR PURPOSES OF LAND ACOUISITION. GENERALLY LOCATED AT 500 73RD AVENUE N.E. AND 1090 73RD AVENUE N.E.: MOTION by Councilman Billings to waive the reading of the publio hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. iTpon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 11:10 p.m. � Ms. Daay, Community Development Director, stated that the peti- tioners, FridTey Business Center Partnership and Dayton Hudson Corporation, request that the properties located at 500 73rd Avenue and 1Q90 73rd Avenue be replatted. She stated that the purpose o£ the replat is to add 215 feet to the Target Northern Distribution Center to allow a possible future truck parking area expansion, as well as a possible building expansion, and to also add .9 acres to the Kwik File property to meet district requirements and allow for possible future expansion. Ms. Dacy stated that the Planning Commission recommended approval of the two plats subject to various stipulations. She stated that some of the major issues involved the relocation of the bikeway/ walkway, tkae use of the access onto 73rd Avenue which can be used by Target only on an emergency basis, and a concern about the wetlands on the property. Councilman Billings asked if Target had a speciaT use permit for outdoor storage. Ms. Dacy stated that there was a special use permit in 1989, prior to the change in industrial districts, the ordinance amendment, and clarification of outdoor screening requirements. She stated that because the ordinance amendmenf. was adopted after the special use permit, staff is interpreting that the new ordinance appiiese � Councilman Billings stated that the residents in Melody Manor to the north were very concerned about screening and access to 73rd Avenue when the original plats were being considered. � � � F IDLE CITY COIINCIL MEETING OF APRIL 18 1994 PAGE 16 Ms. Dacy stated that there was concern regarding screening and whether trucks would be coming out the entrance near Jackson Street. She stated that one of the stipulations is for a landscapinq plan which consists of a 100 foot vegetative buffer adjacent to 73rd Avenue. Councilman Sillings stated that he is apprehensive about an additional access on 73rd Avenue, as truck traffic should be kept to a minimum. Mr. Tom Bonneville, representing Target Stores ReaY Estate Department, stated that this access would be maintained as an emergency access, and Target will use the same access they have been using all these years. He stated that at this time, Target is attempting to add land to their property so they can expand when the need arises. Councilman Billings asked if Target would be willing to add to the stipulations that the other access on the Northco Addition onto 73rd Avenue would only be for emergencies. Mr. Bonneville stated that he dici no� have a problem with this being listed as an emergency entrance. He stated that it probably would be locked most of the time. No other persons in the audience spoke regarding these plats. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 11:28 p.me NIEW BUSINESS• 4. VARIANCE REOUEST, VAR #94-01. BY DONALD EGERER FOR UNO-VEN COMPANY. TO INCREASE THE MAXIMUM SOUARE FOOTAGE OF A SIGN FROM 80 SOUARE FEET TO 227 SOUARE FEET, GENERALLY LOCATED AT 5695 HACKMANN AVENUE N.E.a Ms. Dacy, Community Development Director, stated that the petitioner was not present at this meeting. MOTION by Councilman Billinqs to table this item to �he May 2, 1994 Council meeting. Seconclecd by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 5. RESOLUTION NO. 26-1994 IN SUPPORT OF A RENEWAL APPLICATIOIS FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE CHURCH OF THE IMMACULATE CONCEPTIONe MOTION by Councilwoman Jorgenson to adopt Resolution No. 26-1994. Seconded by Councilman Billings. Upon a voice vote, all votinq � L� � FRIDLEY CITY COUNCIL MEETING OF APRIL 18, 1994 PAGE 17 aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 6. RESOLUTION NO. 27-1994 APPROVING PLANS AND REOUESTING ANOKA COUNTY TO PROCEED WITH IMPROVEMENTS ON EAST RIVER ROAD FORM HARTMAN CIRCLE TO GLEN CREEK ROAD S.P. 02-601-36 (CITY STREET IMPROVEMENT PROJECT NO. ST. 1994-31; Mr. Flora, Public Works Director, stated that Anoka County has prepared plans and submitted a project for funding for the improvement of East River Road from �artman Circle to Glen Creek Road. He stated that the County requires the City to approve the plans and specifications and execute a joint powers agreement. He stated that the plans have been reviewed, and they are consistent with the proposed improvement of East River Road with medians and signalization. Mr. Flora stated that if Council does not wish to include the red brick in the medians, the joint powers agreement should be amended to delete this item. MOTION by Councilwoman Bolkcom to adopt Resolution No. 27-1994. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 7. APPROVE JOINT POWERS AGREEMENT FOR THE YMPROVEMENT OF COUNTY STATE AID HIGHWAY NO. 1{EAST RIVER ROAD) FROM HARTMAN CIRCLE TO GLEN CREEK ROAD. PR03ECT NO. SP 02-601-36: MOTION by Councilwoman Bolkcom to approve the Joint Powers Agreement with Anoka County for the improvement of County State Aid Highway No. 1(East River Road) from Hartman Circle to Glen Creek Road, Project No. SP 02-601-36. Seconded by Councilman Billings. MOTION by Councilwoman Solkcom to amend the Joint Powers Agreement for Project No. SP 02-601-36 by deleting the red brick from this project, which is shown in the agreement under Item III, B-4a and renaming b, c, and d. Further, that the amount for concrete stone paving be eliminated from this agreement, as shown under Item III, B-11 in the amount of $69,870.00. Seconded by Councilwoman Jorgenson. Councilman Billings stated that the City �as made a considerable investment in red brick paving for the medians to identify the City, and he would be opposed to the motion to delete this from the project. Councilwoman Bolkcom stated that there are a lot of problems with weeds when the red brick is used. Personally, she did not feel it is worth the cost. UPON A VOICE VOTE TAKEN ON THE AMENDMENT TO THE MOTION, Council- woman Bolkcom, Councilwoman Jorgenson, Mayor Nee, and Mayor Pro Tem � FRIDLEY CITY COIINCIL MEETING OF APRIL 18, 1994 PAGE 18 Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried. UPON A VOYCE VOTE TAKEN ON THE MAIN MOTION, Councilwoman Bolkcom, Councilwoman Jorgenson, Mayor Nee, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried. 8. RESOLUTION NO. 28-1994 AUTHORIZING NNNICIPAL STATE AID FUNDS TO COUNTY STATE AID HIGHWAY (C.S.A.H.� EAST RIVER ROAD - HARTMAN CIRCLE TO GLEN CREEK ROAD {S.P. 02-601-26) (S.A.P. 127-020-13)• MOTION by Councilwoman Bolkcom to adopt Resolution No, 28-1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 9. RESOLUTION NO. 29-1994 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMEN`P FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST. 1994-11 (SLURRY SEAL): MOTION by Councilwoman Jorgenson � Seconded by Councilman Billings. aye, Mayor Pro Tem Schneider unanimously. � to adopt Resolution No. 29-1994. Upon a voice vote, all voting declared the motion carried 10. RESOLUTION N0. 30-1994 AUTHORIZING THE CITY OF FRIDLEY TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATIOIS FOR THE REIMBURSEMENT OF TUITION COSTS FOR THE STATE MANDATSD TECHNICAL CERTIFICATION PROG'RAM (AGREEMENT NO. 701021: MOTION by Councilman Billings to adopt Resolution No. 30-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Pro Tem Schneider declared the motion earried unanimously. 11. APPROVE CHANGE ORDER NO. 1 OF THE MISCELLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK PROJECT N0. 262: Mr. Flora, Public Works Director, stated tha� this change a�cder would delete the concrete apron in front of the Fire Department garage. Councilman Billings asked if the cost would be less in 1995 and wondered if there was any real reason to delete it. Mr. Flora stated that the cost would probably be about the same. Mayo� Pro Tem Schneider stated that he thouqht this cost would be included in the Five-Year Capital Improvement Plan. � � FRYDLEY CITY COIINCIL MEETING OF APRIL 18, 1994 PAG� 19 MOTION by Councilwoman Jorgenson to authorize Change Order No. 1 to the Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 262 with Schmidt Curb Company for a deletion o€ $22,000.00 from the original contract. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 12. APPROVE DRAFT LETTER TO NORTEL CABLE TELEVISION AND PARAGON CABLE-MINNESOTA: AND APPROVE JOINT AND COOPERATIVE AGREEMENT BETWEEN THE CITIES OF FRIDLEY, BLOOMINGTON, AND ST. LOUIS PARK REGARDING THE REOUESTED TRANSFER OF OWNERSHIP FROM NORTEL CABLE TO PARAGON CABLE-MINNESOTA (KBLCOM INCORPORATED): Mr. Flora, Public Works Director, stated that Paragon Cable is proposing to purchase Nortel Cable which services the cities of Fridley, Bloominqton and St. Louis Park. He stated that the cities will enlist legal counsel and/or other professional services to assist in the overall review process. Mr. Flora stated it is requested that the Council approve this draft letter to Nortel Cable and the Joint and Cooperative Agreement between the other two oities for retention of a consultant to review the legal, technical, and financial qualifications of Paragon Cable. MOTION by Mayor Nee to approve the draft letter to Nortel Cable Television. Seaonded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Mayor Nee to approve the Joint and Coopera�ive Agreement with the cities of Bloomington and St. Louis Park for the retention of a consultant. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 13. RESOLUTION N0. 31-1994 DECLARING APRIL 21. 1994 AS CITY UNITY DAY• Mr. Burns, City Manager, stated that the League of Minnesota Cities is planning a walk �o the State Capitol on April 21, 1994 �o impress upon £he state legislators the need for certain actions that are in the bes� interests of Minnesota cities. He stated that this resolution woul� add the Council's support for a state-wide legislative effort. MOTION by Councilman Billings to adopt Resolution No. 31-1994. ' Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF APRIL 18, 1994 PAGE 20 � 14. INFORMAL STATUS REPORTS: RENTAL LICENSING ORDINANCE: Ms. Dacy, Community Development Director, stated that the next step for the rental licensing ordinance is for staff to drafti a letter to every owner who receives a license to summarize some of the changes to the proposed ordinance. She stated that each owner will be mailed a copy of the proposed ordinance and be advised to review the ordinance and submit any comments in writing by June 1. Ms. Dacy stated that staff will then provide a report to the Council so that any changes could be madee Ms. Dacy stated that staff wished to noti£y the owners of the existing fee and the proposed fee. She stated that if the fee schedule is adopted as proposed at the public hearing, the owners would have several months' advance notice to plan for the increase 4�efore their license renewal. Mayor Nee asked how the ordinance addresses the frequency of disturbances. Ms. Dacy stated that it has been clarified that if a hearing is conducted for a license revocation, this would pertain only to that � unit and not the building in its entirety. She stated that there were also some other minor adjustments to this section of the ordinance. Mayor Nee stated that there seems to be an emotional problem with the responsibility of the landlords reporting the names of tenants. He asked if it was needed for other purposes other than dealing with the behavior issue. Ms. Dacy stated that this was mostly for the tenant behavior. Councilwoman Jorgenson asked if there was not a need to maintain an occupancy list for emergency purposes, Mr. Dacy stated that the owners are responsible for gdentifying themselves or an agent to contac't for emergency purposes. Mayor Nee asked if an occupancy list was needed in order for the ordinance to be workable, Ms. Dacy stated that the only reason the roster would be required is if the Police Department needed it for investigation. She stated that she would be happy to checic into this further and provide additional information. � Mayor Nee stated that it seemed the residents were emotional on this issue, and it was not clear to him why the City would need that information except to determine what units caused problems.