09/08/1997 - 00001711�
OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
The Regular Meeting of the Fridley City Council was called to order
by Mayor Jorgenson at 7:33 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of
A1legiance to the Flag.
ROLL CALL:
MEMBERS PRESENT
MEMBERS ABSENT
PROCLIIMAT I ON :
Mayor Jorgenson, Councilman
man Billings, Councilman
Councilwoman Bolkcom
None
CONSTITUTION WEEK, SEPTEMBER 17-23, 1997:
Barnette, Council-
Schneider and
Mayor Jorgenson read and issued a proclamation proclaiming the week
of September 17 through 23, 1997 as Constrtution Week. She urged
all resldents to reflect, during this week, on the many benefits of
� the Federal constitution and privileges and responsibilities of
American citizenship.
APPROVAL OF MINUTES:
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COUNCIL MEETING. AUGUST 25. 1997:
MOTION by Councilman Schneider to approve
5econded by Councilwoman Bolkcom. Upon
aye, Mayor Jorgenson declared the motion
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS.
the minutes as presented.
a voice vote, a11 voting
carried unanimously.
1 ORDINANCE N0. ll02 AMENDING SECTION 7.02 OF THE FRIDLEY CITY
CHARTER (TAXATION AND FINANCE)•
Mr. Burns, City Manager, stated that this amendment replaces a
16 mill limit on the dollar value of assessed property
valuation with language that ties property tax limits to the
Consumer Price Index for the Twin Cities metropolitan area.
The State's prescribed method for calculating taxes that was
adopted in 1988 abandons the mill rate in favor of a new tax
rate system that defies interpretation in mill rate terms.
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 2
Mr. Burns stated that, in order to establish more meaningful
limits on property taxes, the proposed language would require
a public hearing and a four-fifths ma�ority vote of the
Council to approve tax levies that increase by more than the
Consumer Price Index increase for the prior year. The first
reading of the ordinance was on August 25. Staff recommends
Council's approval for adoption on the second reading.
WAIVED THE READING AND ADOPTED ORDINANCE NO
SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
2.
3
1102 ON THE
RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
AUGUST 20, 1997:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
AUGUST 20, 1997.
RESOLUTION NO
66-1997 OF THE CITY OF FRIDLEY
;MS OF A METROPOLITAN COUNCIL GRAN'
MINNESOTA
TO
r'INANCIHI, ASSISTANCE TOWARll THE COMPL�'1'lON OF '1'HE Cl'1'Y Ur'
FRIDLEY'S AMENDMENT OF THEIR COMPREHENSIVE PLAN•
� Mr. Burns, City Manager, stated that the request for this
grant was submrtted on July 18, 1997. The City was recently
notified of an award of at least $8,190. This amount is to be
ad�usted upward, if additional funds become available. The
terms of the grant are: (1) supporting the concept of
encouraging development within 2020 MUSA; (2) commitment to
revitalize our portion of the "urban core;" and (3) a strong
interest in creat�_ng a more liveable community zn accordance
with the Metropolitan Counc�l's 2090 policy goals.
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Mr. Burns stated that staff has examined these terms and
concluded that they are no more restrictive than any that the
City has previously agreed to. Council's approval is
recommended.
ADOPTED RESOLUTION NO. 66-1997.
4. APPROVE COMPREHENSIVE SIGN PLAN FOR 7651 CENTRAL AVENLTE N.E.
BY ABLE PROPERTY MIINAGEMENT, INC. (WARD 2)•
Mr. Burns, City Manager, stated that this plan was submitted
by Able Property Management, Inc. The owners of property at
7651 Central Avenue propose to remove existing signs and to
install three internally illuminated cabinet signs. Each sign
measures 32 inches by 8 feet and will be 21.3 square feet in
area. The total square footage of the three signs (64 square
feet) does not exceed the amount of square footage allowed for
these signs. Council's approval is recommended sub�ect to the
stipulation that there be no free standing signs allowed on
this site.
� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER B, 1997 PAGE 3
APPROVED THE COMPREHENSIVE SIGN PLAN FOR 7651 CENTRAL AVENUE
N.E., WITH THE STIPULATION THAT THERE BE NO FREE STANDING
SIGNS ALLOWED ON THIS SITE.
5. APPROVE ONE-YEAR EXTENSION FOR VARIANCE REQUEST, VAR #95-24,
BY KENNETH ANDERSON, TO ALLOW THE CONSTRUCTION OF A PORCH AND
GP,RAGE, GENERALLY LOCATED AT 132 RIVER EDGE WAY N.E. (WARD 3):
Mr. Burns, City Manager, stated that the original four foot
rear yard variance was approved August 26, 1996. This
extension wi11 allow the owner to combine the porch and garage
improvements with substantial improvement to the main
structure. Staff recommends approval of the extension
retroactive to Auqust 26, 1997 for one-year to August 26,
1998.
APPROVED A ONE-YEAR EXTENSION FOR VARIANCE REQUEST, VAA
#95-29.
6. APPROVE STORM DAMAGE CLEAN UP POLICY FOR THE CITY OF FRIDLEY:
Mr. Burns, City Manger, stated that during the last two years,
the City has been responding to severe storm damages through
� curbside collection of tree limbs. At Council's request,
staff has developed a policy to continue this activity at City
expense.
Mr. Burns stated that the ma�or components of the policy are
as follows: (1) upon declaration of a storm damage emergency
by the Fublic Safety Director, the Public Works Director will
assess the time and resources necessary for brush collection
in those areas of the City that are identified as impacted by
the storm; (2) the City wi11 remove or trim damaged trees that
are in the public right-of-way; (3) the City will remove, cut,
and stack tree branches from storm damaged trees that have
been placed at the curb by residential, commercial, and
industrial property owners; (4j the City will not remove tree
trunks that have been removed from private property; and (5)
the City will not be responsible for brush pick-up after the
established clean-up date. Council's approval of this storm
damage policy is recommended.
APPROVED THE STORM DAMAGE CLEAN UP POLICY FOR THE CITY.
7. APPROVE ADDITIONAL COSTS TO THE AGREEMENT WITH BARTON-ASCHMAN
ASSOCIATES, INC., FOR THE T-694/TH 47 NE RAMP RECONSTRUCTION
PROJECT NO. ST. 1997-3:
' Mr. Burns, City Manager, stated that Barton-Aschman, the
design consultant for this pro�ect, is claiming costs for work
outside the original scope of services, due to the failure of
MnDOT to provide certain as-built drawings, and to plan
modifications made by MnDOT. These additional services are
generally those related to storm sewer design, traffic
signalizatzon, and street lighting. The cost for this
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 4
;,
a
additional work is $13,045. The Minnesota Department of
Transportation is accepting responsibility for $9,137.77 of
these costs, leaving $3,907.23 to be covered by the City. It
is staff's opinion that the costs are �ustified.
Mr. Burns stated it is recommended that these additional costs
be approved with the understanding that sufficient funds are
available from Home Depot to cover the City's portion of these
costs. If approved, $13,045 will be paid to Barton-Aschman
with the expectation that the State will reimburse the City
for $9,177.77 at the conclusion of the pro�ect
APPROVED THE ADDITIONAL COSTS TO THE AGREEMENT WITH BARTON-
ASCFIIdAN ASSOCIATES, INC. IN THE AMOUNT OF $13,045.
RESOLUTION NO. 67-1997 ESTABLISHING WARD 3, PRECINCT 1B AS A
MAIL BALLOT PRECINCT:
Mr. Burns, City Manager, stated that Ward 3, Precinct 1B, was
created to accommodate a recent annexation of property from
Coon Rapids to Fridley. Since this precinct meets the
criteria for a mail ballot precinct, staff is recommending
that it be established as such. If Council approves, staff
will forward the proposal to Anoka County for approval by �he
Government Services Division Manager.
ADOPTED RESOLUTION NO. 67-1997.
RESOLUTION N0. 68-1997 DESIGNATING OFFICIAL DEPO5ITORIES FOR
THE CITY OF FRIDLEY:
Mr. Burns, City Manager, stated it is recommended that the
name of Susan K Lemieux, Assistant Finance Director, be added
to the list of individuals who are authorized to sign checks
or make withdrawals from the City's official depositories.
This list would include the Finance Director, the Assistant
Finance Director, and the City Manager.
ADOPTED RESOLUTION NO. 66-1997.
10. CLAIMS:
AUTHORIZED PAYMENT OF CLAIM NOS
11. LICENSES:
12.
76399 THROUGH 76552.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
ESTIMATES:
APPROVED THE ESTIMATES, AS FOLLOWS:
,
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 5
Allied Blacktop Company
10503 89th Avenue
Maple Grove, MN 55369
1997 Street Improvement (Sealcoat)
Pro�ect No. ST. 1997-10
FINAI, ESTIMATE . . . . . . . . . .
Richmar Construction, Inc.
7776 Alden Way N.E.
Fridley, MN 55432
. . . . $13,634.06
Filter Design and Construction, Well No. 12
Pro�ect No. 293
FINAL E5TIMATE . . . . . . . . . . . . . . . $80,016.39
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374
Central Avenue Bikeway/Walkway
Pro�ect No. ST. 1994-2
Estimate No. 6 . . . . . . . .
Frederic W. Knaak, Esq.
Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
5t. Paul, MN 55110
Services Rendered as City Attorney
for the Month of August, 1997. ..
$50,594.15
$ 4,250.00
No persons in the audience spoke regarding the proposed consent
agenda.
MOTION by Councilman Schneider to approve the consent agenda items.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously_
ADOPTION OF AGENDA
MOTION by Councilman Billings to adopt the agenda as submitted.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 6
PUBLIC HEARING:
13. PUBLIC HEARING ON REZONING REQUEST ZOA #97-02, BY THE HOUSING
CORP., FOR SHADDRICK & LABEAU AMERICAN LEGION POST 303, TO
REZONE FROM R-1, SINGLE FAMILY DWELLING, TO C-2, GENERAL
BUSINE55, IN ORDER TO ALLOW THE CONSTRUCTION OF AN EXPANDED
PARKING LOT FOR THE AMERICAN LEGION, GENERALLY LOCATED AT 1360
ONONDAGA STREET N.E. (WARD 2):
MOTION by Councilman Schneider to waive the reading of the public
hearinq notzce and open the pu6lic hearinq, Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor Sorgenson
declared the motion carried unanimously and the public hearing
opened at 7:45 p.m.
Mr. Hickok, Planning Coordinator, stated that this is a request by
the American Legion to rezone property at 1360 Onondaga Street from
R-1, single family dwelling, to C-2, general business, in order to
allow the construction of an expanded parking lot. If this
rezoning is approved, the existing dwelling and detached garage on
this property will be removed and a parking lot constructed.
Mr. Hickok stated that staff evaluated this rezoning request using
' standard compatibilrty criteria with the proposed district,
ad�acent uses, and district requirements. The proposed use is an
expanded parking area for the American Legion and is a permitted
accessory use in a C-2 zoning district. In 1975, the City approved
a rezoning for the American Legion property. This request extends
the commercial zoning an additional 50 feet into the residential
area and allows the American Legion to meet their parking
requirements. The building does not meet the side yard setback for
a C-2 district; however, the parking area meets the setback
requirements. Screening from the public right-of-way would be
provided, as an eight foot screening fence is proposed ad�acent to
the residential properties.
Mr. Hickok stated that the Planning Commission voted unanimously to
recommend approval of this rezoning. The pro�ect meets the tests
of the three evaluated criteria and staff also recommends approval
with the stipulations that (1) a Comprehensive Plan amendment shall
be approved prior to construction of the expanded parking area; and
(2) a$5,000 performance bond shall be submitted to ensure
completion of the landscaping and fencing.
Councilman Schneider stated that a letter was received in
opposition to this rezoning.
MOTION by Councilman Schneider to receive the letter from James and
� Teresa Hub, 1395 Onondaga Street, dated August 27, 1997. Seconded
by Councilman Billings. Upon a voice vote, a11 voting aye, Mayor
Jorgenson declared the motion carried unanimously.
Councilman 5chneider stated that he visited the site. He felt the
additional parking would improve the situation for the neighborhood
and would be a posrtive change. He said that Mr. and Mrs. Hub's
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 7
concerns are valid, but they have nothing to do with the rezoning
issue. Their concerns are about debris, loud music, and behavior
of the patrons.
Mr. Hickok stated that Mr. and Mrs. Hub's property is located north
of and four lots from the area of the expanded parking.
Mr. Watson, Chaplain of the American Legion Post 303, stated that
they have had problems with parking and drainage. However, they
would hope to alleviate the issues pointed out in Mr. and Mrs.
Hub°s letter once they have sufficient parking.
Councilman Billings stated that his neighbor's secretary lives on
Onondaga. She felt that expanding the parking lot would be good
for the neighborhood.
No other persons in the audience spoke regarding this proposed
rezoning.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously and
the public hearing closed at 7:54 p.m
OLD BUSINESS:
14. APPROVE 1997-1998 ANIMIIL CONTROL CONTRACT BETWEEN THE CITY OF
Mayor Jorgenson removed this item from the table. She stated that
at the last meeting there were questions regarding euthanasia.
Mr. Sallman, Public Safety Director, informed council that Skyline
Animal Clinic was contacted. They said that animals are euthanized
with a lethal in�ection of beuthanasia. They keep an animal a
minimum of seven days before it is euthanized. The Brighton Clinic
uses a euthanizing solution and keeps an animal for a minimum of
five days, sometimes longer.
Councilman Schneider asked if an animal is scanned for a micro chip
to determine who owns the animal.
Mr. Burns stated that staff would check to find out if this is
done.
MOTION by Councilman Barnette to approve the 1997-1998 animal
control contract with the Brighton Veterinary Hospital. Seconded
' by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
15. RECEIVE BIDS AND AWARD CONTRACT FOR COPIER MACHINES�
Mr. Hunt, Assistant to the City Manager, stated that seven bids
were received for copier machines. One bid arrived late and was
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FRIDLEY CITY COUNCIL I�ETING OF SEPTEMBER 8, 1997 PAGE 8
not opened. Another vendor bid on only six of the seven machines
and did not include a bid for the copier/fax machine at Springbrook
Nature Center. It is recommended, therefore, that Council only
receive the five other bids.
Mr. Hunt stated that the low bidder was Stringer, the Lanier copier
agent, at $39,922 for the seven copiers plus applicable sales tax
and the service and maintenance per copy costs. The estimated cost
for service and maintenance are $25,951 over a four-year period.
No maintenance fee is charged during the first ninety days.
However, the City pays for the toner so the cost would be slightly
less than $25, 591. It is recommended that the bid be awarded to
Stringer, the low bidder, at an estimated cost of $65,872.
MOTION by Councilman Schneider to receive the following bids for
the copier machines:
Copier Machines
Ikon $44,200
(Cannon, Minolta, Sharp & Toshiba)
Konica
Metro Sales
(Ricoh)
Stringer
(Lanier)
Xerox
$47,243
$49, 415
$39,922
$56, 165
Serv./Maint.
$26, 105
$26,352
$33,972
$25,951
$81,848
Total
$ 70,305
$ 73,595
$ 83,387
$ 65, 872
$138,013
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
MOTION by Councilman Schneider to award the contract for the seven
copiers to the low bidder, Strinqer, in the amount of $39,922 plus
estimated service and maintenance costs of $25,951, or a total of
$65,872. Seconded by Councilman Barnette. Upon a voice vote, all
voting aye, Mayor Jorgenson declared the motion carried
unanlmously.
NEW BUSINESS•
16 FIRST
CITY
DISTR
READING OF AN ORDINANCE TO AML�ND THE CITY CODE OF THE
iie�s4�1'l�
Mr. Hickok, Planning Coordinator, stated that the Planning
Commission unanimously recommended approval of this rezoning from
k-1, single family residential, to C-2, general business.
Councilman Schneider questioned if the stipulations should be
included in the ordinance.
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 9
Ms. Dacy, Community Development Director, stated that the ordinance
refers to the stipulations adopted at this Council meeting.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading, with Section l, paragraph 2 of the
ordinance referring to the stipulations that a Comprehensive Plan
amendment shall be approved prior to construction of the expanded
parking area; and (2) a$5,000 performance bond shall be submitted
to ensure completion of the landscaping and fencing. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
17
RESOLUTION NO
L.S. #97-02, '
69-1997 APPROVING A SUBDIVISION, LOT SPLIT
SPLIT A PORTION OF 7922 RANCHERS ROAD AND AD
IT TO 7940 FtANCHERS ROAD TO ALLOW THE CONSTRUCTION OF AN
ADDITION ON LOTS 7 AND 8, BLOCK 4, UNIVERSITY INDUSTRIAL PARK,
GENERIILLY LOCATED AT 7922 AND 7940 R1INCHERS ROAD N.E.
(WARD 3):
Mr. Hickok, Planning Coordinator, stated that this request is to
split a portion of property 20 feet by 75 feet from 7922 Ranchers
Road and add it to 7940 Ranchers Road. Both properties are zoned
M-1, light industrial. In 1965, a variance for parking was granted
for the parcel at 7940 Ranchers Road. In 1984, a lot split was
approved to split the property. The proposed lot split does not
create a buildable lot, as the lot areas for both properties do not
meet the 1.5 acre requirement. The lot coverage increases on each
property to 39 percent. An easement to allow access and address
drainage and parking concerns was previously granted by the Czty.
Mr. Hickok stated that, as proposed, an 18-inch gap would exist
between the two buildings. This should be closed in to eliminate
future maintenance problems. The Engineering Division is concerned
about the capacity of the regional drainage pond.
Mr. Hickok stated that the Planning Commission unanimously
recommended approval of this request with the stipulations that (1)
no future development on the sub�ect or surrounding vacant
properties shall occur until an analysis of the capacrty of the
regional storm water pond occurs and is approved by the City; and
(2) that the petitioner shall close the 18-inch gap between the
proposed addition and the existing building located at 7922
Ranchers Road and make them architecturally compatible.
Mr. Hickok stated that staff recommends denial of this lot split,
as it does not meet the minimum area requirements and approval
would not be consistent with previous plats and lot split actions.
Councilman Barnette questioned how the 18-inch gap would be
enclosed and if there would be a roof over it.
Mr. Hickok stated that the petitioner indicated there is a way to
create a wall on the front and back of the building. Essentaally,
it would be a typical wall but have an 18-inch air space.
� FRIDLEY CZTY COUNCIL MEETING OF SEPTEMSER 8, 1997 PAGE 10
Mr. Haukaas, Assistant Public Works Director, stated that with some
of the recent additions and changes, there has not been a complete
analysis of the drainage. The pond serves more than one lot and
with the sandy soil, there is not much of a problem. The pond has
been improved in a piecemeal fashion. With any development beyond
this addition there should be an analysis done.
Councilwoman Bolkcom questioned if the lots could be combined so
that they meet the code requirements. In 1985, the code was
changed to require a minimum of 1.5 acres for development. She
felt the City should not deviate from this requirement.
Mr. Hickok stated that he would defer to the petitioner, but he
believes they are separately owned.
Councilman Billings stated that he felt if Council approved this
lot split it would be going in the opposite the direction the City
wanted to proceed. He would like the lots combined into one that
meets code instead of taking from 7922 Ranchers Road to enhance
7940 Ranchers Road. He also had concerns about the ponding and the
stipulation about future development.
Mr. Haukaas stated that the pond is in the rear lot area of these
� properties. There reaily are not any lots left to build on. If
there are additional expansions or changes to the existing
properties, he felt the City needed to look at the area as a whole.
He stated that really the only properties affected are in this
block.
Ms. Dacy, Community Development Director, stated that the wording
in the stipulation to include surrounding vacant properties should
probably be eliminated, as the lot split has to do only with the
two lots.
Councilman Billings stated that property owners should probably be
forewarned of the drainage prol�lem in the area. Anything they do
in the future would require on site ponding.
Mr. Haukaas stated that there currently is not a problem, but there
is the potential for one in the future.
Mr. Paschke, representing the property owners at 7922 and 7940
Rancher Road, stated that this pro�ect was designed in 1982. The
pond was designed to handle a one hundred year storm. This year,
there was a five hundred year storm. There were no problems with
the pond, and it was not close to capacity. No one from the City
has approached him with problems with the pond. The only thing
�hey are required to do, by law, is to detain the water for a
' period of time. The pond has the capacity to handle the water in
that area. The addition requires the handling of 900 cubic feet or
about 1,500 gallons of water which is minute and results in about
one-fourth of an inch more water in the pond.
Mr. Paschke stated that the property owners at 7922 Ranchers Road
were thinking of additions to their property so 30 feet was taken
� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 11
from Lot 7 and added to Lot 8. With this lot split 30 feet is
being taken from Lot 8 and being reverting back to Lot 7 where it
was when it was platted in 1989.
Councilwoman Bolkcom asked if the two lots could be combined to
meet the code.
Mr. Paschke stated that there are two different owners and two
mortgages. There are several other buildings in this area with the
same circumstances, one is on 81st Avenue, and it is well
maintained.
Councilwoman Bolkcom stated that at some point, the City is going
to have to follow the codes and require the 1.5 acres. 5he did not
want to set a precedent for the future. She cited the case of a
residential property from the last Council meeting.
Mr. Paschke stated that there is only 47, 000 square feet, and it
was never platted for 1 5 acres.
Councilman Barnette stated that in a situation from the last
Council meeting, a person bouqht a lot after the ordinance was
passed knowing full well it was not a buildable lot. Mr. Paschke's
� development was platted in 1984, and the ordinance was not changed
until 1985 for the 1.5 acre requirement. He felt that this was a
different situation and is an existing development.
Ms. Dacy stated that this is essentially a replat of two lots.
Another option would be to re-convey the south 30 feet of Lot 7
back to Lot 7 from Lot 8 and expand the building on the north.
This would permit about a 4,000 to 4,500 square foot addition, and
the lots would revert back to the area originally created.
Councilwoman Bolkcom asked if the owners would consider a smaller
addition.
Mr. Paschke stated that he cannot speak for them. He felt,
however, that the Fire Department might have a concern with two
buildings too close together so that they cannot fight a fire. He
felt that this would create a maintenance and fire problem at that
close dlstance.
Ms. Dacy stated that she did not necessarily agree and would like
to review this with the Fire Department. There would be fire
walls, and the new addition would have to be sprinkled.
Staff presented a video tape of the area and the two buildings
involved in this lot split.
� Councilman Billings stated that he could not support this lot
split, as he felt that this was the opposite direction from what
the City wished to accomplished by trying to eliminate as many non-
conforming lots as possible. There is reasonable use of the
property as it exists now. He failed to be convinced that this is
in the best interests of the City as a whole.
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 12
Councilwoman Bolkcom stated that she agreed with Councilman
Billinqs' comments. She would be willing to table and explore
staff's option for a smaller addition.
Councilman Barnette stated that he would vote in favor of the lot
split if more space can be provided and tihe area cleaned up to the
satisfaction of the two property owners.
Mr. Paschke stated that the area needs a lot of soil correction.
It would not be possible to complete the addition this year if
there are delays. There is probably another way to construct the
addition so there is no impact, as the buildinq has more than the
required number of parking spaces even with the proposed addition.
Mr. Paschke stated he felt that Council should study the
recommendation regarding no future development before any action is
taken. The pond serves all the property alonq Ranchers Road and
the University Industrial Park which is the three shopping centers.
There are other ponding areas built into this entire system. The
only thing that was talked about was the grassed in ponds. By 1aw
water can be detained on the roof of the property.
Councilwoman Bolkcom stated that her concern was not the drainage
� issue. What staff is recommending is that there be no further
future development on the sub�ect or surrounding vacant properties
until an analysis of the capacity of the storm water pond occurs.
Mr. Haukaas stated that he met with Mr. Paschke's engineer and is
satisfied with the amount of ponding for this pro�ect. Since the
pond was originally installed, there have been some changes. The
site needs to be re-analyzed before any future development occurs.
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Councilman Schneider asked the permitted lot coverage.
Mr. Hickok stated that the permitted lot coverage is 40 percent in
this zoning district. In both cases the lots would be at 39
percent lot coverage.
Councilman Schneider stated that this building was in existence
before the code was changed. Nothing can be done to make it 1.5
acres.
Councilman Billings stated that there is a letter from the owners
at 7922 Ranchers Road agreeing to the lot split. He questioned if
there was any communication from the owners of 7940 Ranchers Road.
Mr. Hickok stated that the request for this lot split is from the
owners at 7940 Ranchers Road, and they have filed the application.
Councilman Barnette asked how the 18-inch gap would be covered
between the two buildings.
Mr. Paschke stated that preliminary plans have been submi�ted, and
they intend to cover the 18-inch gap. The roofs would be
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 13
connected, and there have been no legal or title problems with this
situation. It creates a legal lzne between the two buildings.
MOTION by Councilwoman Bolkcom to deny Lot Split, L.S. #97-02.
Seconded by Councilman Billings. Upon a voice vote, Councilwoman
Bolkcom and Councilman Billings voted in favor of the motion.
Mayor Jorgenson, Councilman Barnette, and Councilman Schneider
voted against the motion. Mayor Jorgenson declared the motion
failed.
MOTION by Councilman Barnette to adopt Resolution No. 69-1997, with
the following stipulations: (1) no further future development on
the sub�ect or surrounding vacant properties shall occur until an
analysis of the capacity of the regional storm water pond occurs
and is approved by the City; and (2) the petitioner shall close the
18 inch gap between the proposed addition and the existing building
located at 7922 Ranchers Road and make them architecturally
compatible. Seconded by Councilman Schneider.
Councilman Schneider stated that he basically agrees with the
philosophy of the Council in that a line oP encroachment needs to
be in the code. However, this is an existing building, and it was
platted before the ordinance was changed. He was concerned that
this not be taken as a blanket precedent.
Councilwoman Bolkcom asked if this was approved if Council was
settinq a precedent.
Mr. Knaak, City Attorney, stated that whenever Council approves
something it does set a precedent. They are required to treat
similar applications in the same manner. However, if this
situation is unique it makes the City's position more defensible.
Council needs to be concerned about particular distinguishing
circumstances.
Councilman Barnette stated that the lot was platted prior to the
ordinance being changed to the 1.5 acre requirement.
Councilman Schneider stated that with this lot split it reverts
back to what was originally platted. It meets the overall lot
coverage area, and there are no drainage problems associated with
this particular addition.
MOTION by Councilman Billings to amend the above motion by
eliminating the words "or surrounding vacant properties" from
stipulation No. 1. Further, to add the following stipulations:
(3) the petitioner shall submit a notarized statement from the fee
owners of 7922 and 7940 Ranchers Road before October l, 1997
indicating that both fee owners understand the stipulations; and
(4) that these stipulations will be filed against both properties
at the Anoka County Courthouse. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Jorgenson declared the
motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 14
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, Mayor Jorgenson,
Councilman Barnette and Councilman Schneider voted in favor of the
motion. Councilman Billings and Councilwoman Bolkcom voted against
the motion. Mayor Jorgenson declare the motion carried.
18. PRELIMINARY PLAT, P.S. #97-02, BY GREG FRANK OF MCCOMBS,
FRANK, ROOS & ASSOCIATES, AGENT FOR WAI,-MART, TO SUBDIVIDE
PROPERTY INTO TWO LOTS, AN OUTLOT AND DEDICATED RIGHT-OF-WAY,
GENERF�LLY LOCATED AT 8150 UNIVERSITY AVENUE N.E. (WARD 3):
Ms. Dacy, Community Development Director, stated that this is a
preliminary plat which includes four parcels: Lot l, 12.96 acres
which will contain the Sam's Club facility; Lot 2, 7.11 acres which
is vacant and will be sold for a future use; Outlot A, 1.81 acres
which contains a storm water pond which will service both Lots 1
and 2; and right-of-way dedication for the West University Avenue
Service Road. The plat encompasses Sam's Club, and the remaining
vacant property ad�acent to and north of Sam's Club. The proposed
plat meets the minimum lot area requirements for the C-3 district.
A portion of Lot 2 will need to be rezoned from C-2 to C-3. Cross
parking, access easements, and �oint use and maintenance agreements
for the storm water pond will need to be recorded. She stated that
stipulations from the expired development agreement will be met
with this request. Ms. Dacy stated that the Phase II development
behind Sam's Club was to cost $3 million. It is anticipated
Bachman's will be purchasing the second lot, plus space for a
restaurant.
Ms. Dacy stated that the Planning Commission voted unanimously to
recommend approval of this request with five stipulations which she
outlined.
Councilman Billings asked who maintains ownership of the outlot.
Ms. Dacy stated that both owners would be responsible. There is a
stipulation regarding the outlot which is to be recorded against
the properties.
Mr. Knaak, City Attorney, stated that by covenants or other
language agreed to by the owners, the maintenance of the outlot can
be enforced in court.
Ms. Dacy stated that when Wal-Mart creates the plat they will own
Outlot A, and it would not be conveyed if they want to continue
ownership.
Councilman Billings felt a stipulation should be added that Outlot
A will be attached to Lot 1 unless a lot split is presented to the
City or an addendum to Stipulation No. 1 that, as part of the storm
agreement, ownership will have to be decided for Outlot A.
Ms. Dacy stated that to have it combined for tax purposes would
clarify the issue.
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FRIDI.EY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 15
Councilman Billings stated that Lot 2 would be sized not only for
retail space but for a potential restaurant. He asked if a lot
split would be required.
Ms. Dacy stated that Lot 2 would provided for one use. Bachman's
indicated that they are evaluating it and would submit a replat for
the second lot. No application has, as yet, been submitted. There
is the potential that Lot 2 could be replatted in the near future.
Mr. Frank, representing Wa1-Mart, stated that there is language in
the City's requirements to make sure that the outlot could not be
conveyed separately from Lots 1 or 2. They accept this language.
Mr. Knaak stated that there is no harm in additional clarification
on this topic, and it would be appropriate.
Councilwoman Solkcom asked what the expansion at Sam's Club would
znclude.
Mr. Frank stated that when Sam's Club acquired this store it was
less than a typical Sam's club. More space is needed for their
merchandise and to respond to their clientele.
The General Manager of Sam's Club stated that to provide an updated
facility for their customers, this store would be remodeled in line
with other Sam's Club's.
Councilman Billings stated that he would recommend another
stipulation be added that Outlot A be combined with either Lot 1 or
Lot 2 for tax purposes.
MOTION by Councilwoman Bolkcom to approve preliminary plat, P.S.
#97-02, for Wal-Mart, to subdivide property into two lots, an
outlot and dedicated right-of-way, with the following stipulations:
(1) a �oint storm water pond use and maintenance agreement between
both owners of Lot 1 and 2, Walton Addition, shall be executed and
recorded against Outlot A, Walton Addition; (2) cross-parking and
access easements shall be executed and recorded against Lot 1 and
Lot 2, Block 1, Walton Addition; (3) that portion of Walton
Addition currently defined as Lot 2, Block 2, Caba Realty 1st
Addition, shall be rezoned from C-2, General Business to C-3
General Shopping Center District, prior to the time of development;
(4) the petitioner agrees that both Lot 1 and Lot 2, Walton
Addition, shall be assessed for their share of the installation of
a stoplight at 83rd & University Avenues; (5) the petitioner shall
pay a park dedication fee of $13,359.03; and (6) that Outlot A be
combined with either Lot 1 or Lot 2 for tax purposes. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
19. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND BRW TO
ON PROJECT N0. ST. 1997-4:
Mr. Haukaas, Assistant Public Works Director, stated that proposals
were requested of Barton-Aschman and BRW for the design and
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 16
construction/inspection of the 57th Avenue reconstruction pro�ect.
Barton-Aschman submitted a proposal of $59,950 to design the
pro�ect and $32,000 for inspection. BRW's submittal for design was
$42,210 and construction/inspection at $15,950 for a total of
$58,160, making them the low bidder.
Mr. Haukaas stated that Home Depot will contribute $25,000 for the
design of the pro�ect, which leaves a remainder for the design and
construction/inspection of $33,160 to be paid by the City. Staff
recommends Council approval to allow BRW to design the pro�ect.
MOTION by Councilman Billings to authorize staff to prepare an
agreement with BRW in an amount not to exceed $58,160 for the
design and construction/inspection for the 57th Avenue
reconstruction pro�ect and submit the contract to Council for
approval. Seconded by Councilwoman Bolkcom. Upon a voice vote,
all voting aye, Mayor Jorgenson declared the motion carried
unanimously.
20. INFORMILL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were several items to be
discussed during the conference session including: litigation; Old
Central Avenue pro�ect; Fridley Community Center pro�ect; and
potential contract for telecommunication services.
Mr. Burns stated that the City is still solicit�ng volunteers to
assist with the landscaping at the community center on September 20
beginning at 8•00 a m. Those interested in volunteering may
contact him directly at 572-3506.
Councilman Barnette suggested that Mr Bock at the Fridley High
School be contacted about obtaining students from his landscaping
class to assist with this pro�ect.
Mayor Jorgenson suggested that Boy Scouts working on their badges
may wish to participate.
ADJOURNMENT:
MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of September 8, 1997 ad�ourned
at 9:21 p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
Nancv J. Jorgenson
Mayor