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07/10/1995 - 00001334� � J THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 10, 1995 The Regular Meeting of the Fridley City Council was called to order at 7:12 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider and Councilwoman Bolkcom MEMBER ABSENT: Councilman Billings APPROVAL OF MINUTES: COUNCIL MEETING, JUNE 26, 1995: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated it is proposed that the Council invert the order of business for tonight's meeting and consider the regular agenda items before the consent agenda. ADOPTION OF AGENDA: MOTION by Councilman Schneider to consider the regular agenda items, before the consent agenda items, and move Item 4 of the consent agenda to the regular agenda, Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. NEW BUSINESS: 10. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA k95-04, BY HOME DEPOT USA, INC., TO REZONE FROM C-2, GENERAL BUSINESS, AND M-2, HEAVY INDUSTRIAL, TO C-3, GENERAL SHOPPING CENTER DISTRICT, GENERALLY LOCATED NORTH OF I-694 AND EAST OF EAST RIVER ROAD lWARD 31; Ms. Dacy, Community Development Director, said that staff has no remarks at this time, and Council has received staff's recom- FRIDLEY CITY COUNCIL MEETING OF JULY 10. 1995 2 � mendation. She stated that the traffic consultant and represen- tatives of Home Depot are present to answer any questions. Mr. Tim Platt, Real Estate Manager for Home Depot, stated that the questions raised by Council concerning traffic on 53rd, 57th, and 61st Avenues have been addressed. He stated that one of the biggest traffic generators of the entire development was an outlot which would probably have been developed for a fast food restaurant. He stated that Home Depot has agreed to remove this outlot from the development and only develop the Home Depot parcel and the additional retail. He stated that this would cut 100 peak hour traffic trips in the morning hours and 170 trips in the afternoon hours. He stated that the outlot would be landscaped and probably used for some additional parking. Mr. Platt stated that based on the new traffic data received from the traffic consultant, Barton-Aschman Associates, Inc., there are different traffic scenarios depending if Home Depot develops alone, with additional retail, or a full development. He stated that as far as truck deliveries, there would be approximately twelve common carrier deliveries per day to the Home Depot store. He stated that Home Depot can control the routes used by the truckerse Councilwoman Bolkcom stated that in the traffic study, the peak � hours of traffic during the week were addressed. She asked about traffic on weekends and the impact it may have on those persons living on 53rd and 615t Avenues. Mr. Platt stated that there would not be work-related traffic on the weekends, so the traffic would be less than during the week. Councilwoman Bolkcom asked about the amount of traffic that would be coming off I-694 onto University and going north to make a Teft turn at 57th Avenue. Ms. Dacy stated that the number of vehicles would be between 22 and 60, depending on the zoning and the development. She stated that with Home Depot's current request, the amount of vehicles would be between 32 and 54. She stated that the traffic consultant, Barton- Aschman had recommended that a study be completed in this inter- change area, in cooperation with the Minnesota Department of Transportation, to address the existing operational weave deficiency. Councilwoman Bolkcom stated that if persons are having difficulty crossing University Avenue at 57th Avenue, they would use 53rd or 61st Avenues, and this would impact some of those neighborhoods. � Mr. Platt stated that with the current zoning, there is the same problem. He stated that if the City or the Minnesota Department of Transportation were to undertake a study, they would be willing to assist in some funding to determine if the traffia circulation LJ � � FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1995 3 can be improved. He stated that they want to have easy access to their site. Councilwoman Solkcom suggested that maybe access from Main Street to East River Road should be explored to alleviate some of the traffic. Councilman Schneider asked if staff concurs with the results of the traffic study that except for one intersection all the other intersections basically operate at the same level of service. He stated that it is beyond him how these figures are determined. He asked if staff felt they were reasonable. Mr. Hickok, Planning Coordinator, stated that he believed the facts are accurate, and the study is very complete. He stated that the report does point out the "weaving" problem with the westbound vehicles coming off I-694 onto University and making a left turn at 57th Avenue. He stated that the figures are based on recognized ITE standards which are the source for trip generation rates for various types of development. Councilman Schneider asked if Home Depot would be willing to parti- cipate in a study of this "weaving" pattern. Mr. Platt stated that knowing how highway projects operate, the cost may be substantial, but Home Depot would be willing to assist in some funding. Councilwoman Bolkcom asked if staff could obtain further informa- tion on the costs, Ms. Dacy stated that sta££ coulcl contact the Minnesota Department of Transportation to try and obtain further information and some idea of cost. She stated that she did not know if Home Depot's consultant had already done so. Councilman Schneider stated that assuming the cost for the study is reasonable, he questioned how the improvements would be funded, Ms. Dacy stated that if Council chose to approve the rezoning, the recommendation would be that Home Depot would be responsible for the cost of the improvements for any work necessary as a result of the development. She stated that this would pertain to University Avenue and the function of the intersection. Mr. Platt stated that Home Depot would be happy to offer assistance in regard to University and 61st Avenues. If they get into rebuil- ding highway ramps, that is something not caused by Home Depot. He stated that they would assist with additional turn lanes but not rebuildinq highway ramps. � � � FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1995 4 Councilman Schneider asked what the plans were for the additional retail. Mr. Platt stated that the additional retail would probably include a business like Pet Food Warehouse or something similar. Mayor Nee asked for a comparison of trips generated in the morning and afternoon peak hours for an industrial/commercial mix develo�- ment versus the Home Depot development. Mr. Platt stated that for Home Depot only there would be 200 trips in the morning (7:30 to 8:30) peak and 325 trips in the afternoon (4:30 to 5:30) peak. He stated that with Home Depot and the additional retail, there would be 215 trips in the morning and 395 trips in the afternoon. He stated that in an industrial/commercial mix, there would 274 trips in the morning peak hours and 520 trips in the afternoon peak hours. Councilman Schneider asked the basis for staff's recommendation for denial of this rezoning. Ms. Dacy stated that the City's Comprehensive Plan identifies the site as industrial. Historically, development of this strip has been industrial. She stated that there is no access to the west, and staff is concerned about traffic impacts, however, the developer has reduced the size of the development. Councilman Schneider asked, from a planning perspective, if a well run commercial establishment would be beneficial to the neighborhood as a whole. Ms. Dacy stated that staff spoke with Mr. Platt about the Hyde Park neighborhood and the recent history and plans for redevelopment. She stated that it was made clear that the City would expect strict adherence to the maintenance codes, if Home Depot locates on this parcel. Mr. Platt stated that Home Depot is active in the Habitat for Humanity program. He stated that their employees take an active part in helping rebuild communities. He stated that they conduct clinics on areas of home improvement, and their employees have gone out to show persons how to erect a building. He stated that the mare Home Depot gets involved, the better it is for their business. Councilwoman Bolkcom stated that there are several persons in the audience from the neighborhood who would like to comment on this rezoning. She stated that they were not within the legal radius to be notified of this rezoning; however, she would like to give them the opportunity to submit their comments. Ms. Lori Wood, 133 53rd Avenue, stated that she had concerns about the traffic. She stated that they now have a lot of truck traffic FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1995 5 � on weekdays. She stated that the traffic on weekends is relatively quiet. She stated that there was a traffic counter on 53rd Avenue and wondered if this included the weekend. She stated that she felt Home Depot would probably bring more weekend and retail traffic on 53rd Avenue. She presented a petition with 33 signa- tures against this rezoning. Mr. Greg Gaides, Barton-Aschman Associates, Inc., stated that the traffic counters were not installed by their firm, but traffic counts were not done on the weekend. Mr. Fred Dock, Barton-Aschman, stated that the traffic on 53rd, 57th, and 61st Avenues was all counted as part of this study. He stated, however, that the average annual daily traffic figures are from the Minnesota Department of Transportation. He stated that in order to conduct the peak hour attalysis, Earton-Aschman collected those traffic volumes. He stated that they kept track of turning movements at the intersections during peak hours. Councilman Schneider asked if it would be possible to obtain projections on weekend traffic for Home Depot's type of business and for a mix of industrial/commercial. MOTION by Councilwoman Bolkcom to receive Petition No. 10-1995. � Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Michelle Brask, 5261 Horizon Drive, stated that she has concern about the impact of Home Depot on their neighborhood. She stated that recently Main Street was widened but the bridge was not, and she wondered if anyone had considered the impact on that bridge. She stated that they like to ride their bikes and walk in the neighborhood, and they also like the peace and quiet. Mayor Nee stated that an alternative may not be any better. He stated that there is pressure to develop this land. Something will go there, and the same issues will be before Council. Ms. Kathy Nordos, 171 53rd Avenue, stated that she shares the same concerns about the traffic. She stated that she is concerned that there is no access to the west ta qo to East River Road. She stated that their neighborhood is a residential area, and they live with the traffic during the peak hours. She felt that the traffic would be much greater if Home Depot locates on this site. Councilman Schneider stated that he shares the concerns about the traffic. He stated that in reviewing the traffic figures, the traffic would be heavier if the land develops as it is now zoned. � He stated that he wanted to be sensitive to the needs of the residents, however, the question is what is best - a reasonable re�ail development, or possibly an industrial development which may have a greater impact on the neighborhood. FRIDLEY CITY COUNCIL MEETING OF JULY 10. 1995 6 � Councilwoman Jorgenson stated that Gateway Foods was one possible project for this parcel, and this would mean a lot of truck traffic. MOTION by Councilwoman Bolkcom to table this rezoning request, ZOA #95-04, to the July 24, 1995 Council meeting in order for staff to obtain further information regarding weekend traffic, access to East River Road, and consultation with the Minnesota Department of Transportation. Seconded by Councilman Schneider. Mr. Platt stated that he has no problem with this request being tabled. He stated that he hoped the additional information will help everyone with their decision. Councilman Schneider asked Mr. Platt about Home Depot's time table. Mr. Platt stated that they would like to begin construction this year and break qround by mid-october. Councilwoman Jorgenson asked if the Metropolitan Council had reviewed and submitted comments regarding this rezoning. Mr. Hickok stated that the Metropoli�an Council had ten days to respond, and the City has not received any communications. He � stated that he felt any major issues would have been addressed within this time period. UPON A VOICE VOTE TAREN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 11. RESOLUTION APPROVING PLAT, P.S. #95-02, HOME DEPOT FRIDLEY ADDITION {BY HOME DEPOT USA, iNC., TO REPLAT TRACT A, REGISTERED LAND SURVEY #130 INTO THREE SEPARATE PARCELS, GENERALLY LOCATED NORTH OF I-694 AND EAST OF EAST RIVER ROAD1 (WARD 3� MOTION by Councilwoman Bolkaom to table this plat request, P.S. #95-02, to the July 24, 1995 Council meeting. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. SPECIAL USE PERMIT REOUEST, 5P #95-05, BY HOME DEPOT USA, INC.. TO ALLOW GAR➢EN CENTERS dR NUR5ERIES WHICH REOUIRE OUTSIDE DISPLAY OR STORAGE OF MERCHANDISE, AND PER SECTION 205.15.1.0 (7) OF THE FRIDI,EY CITY CODE, TO ALLOW ESTABLISH- MENTS OF THE "DRIVE-IN" TYPE. SELLING, SERVING. OR OFFERING GOODS OR SERVICES DIRECTLY TO CUSTOMERS EITHER WAITING IN PARKED MOTOR VEHICLES OR TO CUSTOMERS WHO RETURN TO THEIR VEHICLES TO CONSUME OR USE THE GOODS OR SERVICES WHILE ON THE � PREMISES. GENERALLY LOCATED NORTH OF I-694, AND EAST OF EAST RIVER ROAD (WARD 3): MOTION by Councilwoman Bolkcom to table this special use permit request, SP #95-05, to the July 24, 1995 Council meeting. 5econdecl ' � � FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1995 7 by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. VARIANCE REOUEST, VAR #95-12, BY HOME DEPOT U5A, INC., TO INCREASE THE MAXIMUM AREA OF A FREE-STANDING SIGN FROM 80 SOUARE FEET TO 160 SOUARE FEET: TO INCREASE THE HEIGHT OF A FREE-STANDING SIGN FROM 25 FEET TO 40 FEET, GENERALLY LOCATED AT THE NORTHWEST CORNER OF I-694 AND MAIN STREET: MOTION by Councilwoman Bolkcom to table this variance request, VAR #95-12, to the July 24, 1995 Council meeting. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT, CPA #95-01, BY HOME DEPOT USA, INC., FOR PROPERTY IACATED ON TRACT A, REGISTERED LAND SURVEY NO. 130. GENERALLY LOCATED NORTH OF I-694 AND WEST OF RIVER ROAD ON MAIN STREET (WARD 3 L MOTION by Councilwoman Bolkcom to table this comprehensive plan amendment, CPA #95-01, to the July 24, 1995 Council meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider asked if a neighborhood meeting may be bene- ficial on the Home Depot issue. Councilwoman Bolkcom stated that she would be willing to attend such a meeting and will work out a time and contact the residents. 4. RESOLUTION N0. 40-1995 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE JULY 11. 1995, STATE REPRESENTATIVE HOUSE DISTRICT 52A SPECIAL ELECTION: Councilwoman Jorgenson stated that this is an unfunded mattdate, but she would move the following: MOTION by Councilwoman Jorgenson to adopt Resolution No. 40-1995. Seconded by Councilwoman Solkcom. Councilman Schneider stated that he assumes the election will be held and in all fairness to the election judges, they will be paid. He stated that there are two points to be made: (1) this is an unfunded mandate; and (2) the election was called in haste for some reason that is not clear. Ae asked if this resolution was not adopted, what would happen. Mr. Burns, City Manager, stated that staff would be in a position of spending money without Council's authority. Mr. Herrick, City Attorney, stated that without Council's adoption of this resolution, he was not sure if staff could pay the election judges. � FRIDLEY CITY COUNCIL MEETING OF JULY 10. 1995 8 Councilman Schneider stated that perhaps what needs to be done is to send a letter to the Governor with a statement and bill and to publish that in the local media. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE Jorgenson, Councilwoman Bolkcom, Councilman Nee voted in favor of the motion. Mayor Ne carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: MOTION, Councilwoman Schneider, and Mayor e declared the motion RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 21, 1995• Mr. Burns, City Manager, stated that Council is requested to receive the minutes of the Planning Commission meeting of June 21, 1995. RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OE JUNE 21� 1995. 2. ESTABLISH A PUBLIC HEARING FOR AUGUST 14. 1995, APPROVING AN � ORDINANCE RECODIFYING THE FRSDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTION 205.25.8.C. AND REPEALING SECTION 205.24. AND ADOPTING A NEW SECTION 205.24 CREATING FLOODPLAIN REGULATIONS: Mr. Burns stated that the ordinance was first adopted in 1977 to limit development in flood way and permit development that meets standards in the flood fringe district. �e stated that the regulations require minimum first floor elevations and a speoial use permit to build in the flood fringe district, Mr. Burns stated that the amendments provide for the creation of a third district, "General Floodplain District" that includes both the flood way and flood fringe districts. He stated that the amendment also provides additional standards for manufactured homes, manufactured home parks, and placement of travel trailers and travel vehicles. He stated that there are no changes to the ordinance as it relates to flood way and flood fringe districts and no changes to boundaries of these districts. He stated that since Fridley does not permit manu- factured homes or travel trailers in flood way or flood fringe districts, these amendments will have no affect on Fridley residents. He stated that the changes are at the request of the Federal Emergency Management Association and the Depart- ment of Natural Resources. � SET PUBLIC HEARING ON THI3 PROPOSED AMENDMENT FOR AUGUST 14� 1995. � FRIDLEY CITY COUNCIL MEETSNG OF JULY 10, 1995 9 3. RECEIVE PETITION NO. 9-1995 AND AUTHORIZE INSTALLATION OF A SUMP PUMP DRAIN LINE ON BACON DRIVE: Mr. Burns stated that a petition has been received from resi- dents at 7601, 7613, 7627, 7639, 7651 and 7665 Bacon Drive requesting a sump pump drain line be installed at �he rear of their properties. He stated that the City's contribution is in lieu of the $45D sump pump disconnection benefit, and the project will begin after September 15, 1995. RECEIVED PETITION NO. 9-1995 AND AUTHORIZED INSTALLATION OF A SUMP PUMP DRAIN LINE ON BACON DRIVE. 4. RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE JULY 11 1995 STATE REPRESENTATIVE HOUSE DISTRTCT 52A SPECIAL ELECTION: TH23 RE30LUTION WA3 CONSIDERED WITH THE REGULAR AGENDA ITEMS. 5. RESOLUTION N0. 41-1995 APPROVING AND AUTHORIZING SIGNING A REVISED JOINT POWERS AGREEMENT WITH THE LAW ENFORCEMENT AGENCIES IN ANOKA COUNTY TO ESTABLISH A PRISONER TRANSPORT SERVICE FOR ANOKA COUNTY LAW ENFORCEMENT AGENCIES: � Mr. Burns stated that to assist with the transport of prisoners to the Anoka County Jail, the Anoka Regional Treatment Center, and the Anoka County Juvenile Shelter Facility, eleven law enforcement agencies, on a rotational basis, provide personnel to operate a transport vehicle during assigned shifts. He stated that the vehicle, training and equipment is provide by the Anoka County Sheriff's Department. He stated that this service will require an officer and a Community 5ervice Officer between 7:00 p.m. and 3:00 a.m. on Friday and Saturday nights and once every eleven weeks. He stated that this would be a trial operation from June 30, 1995 to October 31, 1995. He stated that this would not impact the City's insurance costs. ADOPTED RESOLUTION NO. 41-1995. 6. RESOLUTION NO. 42-1995 APPROVING AGREEMENT BETWEEN THE CSTY OF FRIDLEY AND STATE OF MINNESOTA FOR PUBLIC SCHOOLS FIRE INSPECTIQN• Mr. Burns stated that the resolution provides for fire inspeotion of all public schools in Fridley every three years. He stated that the inspections are conducted in accordance with the Minnesota Uniform Fire Cocle, and tfie State Fire Marshal provides training for City Fire Department personnel. � He stated that the term of the agreement is July 10, 1995 to December 31, 1997. ADOPTED RESOLUTION N0. 42-1995. � � FRIDLEY CITY COUNCIL MEETING OF JULY 10, 1995 10 7. CLAIMS� APPROVED CLAIM NOS. 62600 THROUGH 62867. 8. LICENSES' APPROVED THE LICEIQSES AS SUHMITTED AND AS ON FILE IN THE LICENSE CLERR�S OFFICE. 9. ESTIMATES• APPROVED� AS FOLLOWSS Newquist & Ekstrum, Chartered 301 Fridley Plaza office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of May, 1995. ....$14,092.50 Standard Sidewalk 29635 Neal Avenue Lindstrom, MN 55045 1995 Miscellaneous Concrete Curb, and Sidewalk Project No. 279 Estimate No. 3 . . . . . . . . . Gutter . . . . . . $ 5,451.17 There were no comments form the audience regarding the consent agenda items. MOTION by Councilwoman Bolkcom to approve the consent agenda items. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. INFORMAL STATUS REPORTS: EAST RIVER ROAD BIKEWAY: Mr. Burns, City Manager, stated that a meeting was held with the residents on East River Road on June 29 regarding the proposed bikeway. He stated that Councilwoman Bolkcom was present at the meeting, and the residents' liability was discussed. He stated that also discussed was the requirement for constructing a bikeway along East River Road. Mr. Burns stated that it was pointed out by Jon Olson of Anoka � County that with the Federal Highway Administration funding the project and the high volume of vehicles on East River Road, the City really did not have a choice. He stated that if the bikeway wa5 not constructed, the City would be hard pressed to explain why it was not included.