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11/10/1997 - 00001808� � � THE MINUTES OF THE REGUI�AR MEETING OF THE FRIDLEY CITY COUNCIL OF The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:34 p.m. PLEDGE QF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT• Mayor Jorgenson, Councilman Barnette, Councilman Billings, Councilman 5chneider (arrived at 8:14 p.m.) and Councilwoman Solkcom MEMBERS ABSENT� None PROCLAMATION: HOME HEAI,TH CARE MONTH, NOVEMBEk, 199�: Mayor Jorgenson read and issued a proclamation proclaiming the month of No-v2mber, 1997 as Home Health Care Month in the City. Mr. Loftus, Metro Home Health Care, invited Council to their celebration of National Home Health Care Council was presented with a small loaf of bread as a sign of their gratitude for Council's support of nursing assistance. CUB SCOUT TROOP 271: Mayor Jorgenson welcomed Cub Scout Troop 271 to the City Council meeting. Mr Steve Smuder introduced the members of his cub scout troop who are working on their citizen activity badges. APPROVAL OF MINUTES: COUNCIL MEETING, OCTOBER 27, 1997: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. RESOLUTION NO. 96-1997 APPROVING A FINAL PLAT, P.S. #97-02, WALTON ADDITION (BY WAL-MART STORES, INC.) (WARD 3): Mr. Burns, City Manager, stated this plat and reactivated in July, 1997, with the new C1ub. He stated this plat needs to be was begun ln 1993 addition to Sam's acted upon before � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 2 rezoning for Bachman's can occur A final plat for Walton 5econd Addition will be added to tonight's aqenda. � ADOPTED RESOLUTION NO. 96-1997, WITH THE FOLLOWING STIPULATIONS ATTACHED AS EXHIBIT A: (1) A JOINT STORM WATER POND USE AND MAINTENANCE AGREEMENT BETWEEN BOTH OWNERS OF LOTS 1 AND 2, WALTON ADDITION, SHALL BE EXECUTED AND RECORDED AGAINST OUTIAT A, WALTON ADDITION; (2) CROSS-PARKING AND ACCESS EA5EMENT5 SHALL BE EXECUTED AND RECORDED AGAINST LOT 1 AND LOT 2, BLOCK 1, WALTON ADDITION; (3) THAT PORTION OF WALTON P,DDITION Ci7RRENTLY DEFINED AS LOT 2, BLOCK 2, CABP. REALTY 1ST ADDITION, SHAI.L BE REZONED FROM C-2, GENERAT• BUSINESS TO C-3, GENERAL SHOPPING CENTER DISTRICT PRIOR TO THE TZME OF DEVEIAPMENT; (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 AND UNIVERSITY AVENUES; (5) THE PETITIONER SHALL PAY A PARK DEDICATION FEE OF $13,359.03; AND (6) OUTLOT A BE COMBINED WITH EITHER LOT 1 OR LOT 2 FOR TAX PURPOSES. OLD BUSINESS: 2. ORDINANCE NO. 1109 TO AMEND THE CITY CODE OF THE CITY OF REZONE PROPERTY GENERALLY LOCATED AT 6200 UNIVERSITY AVENUE N.E.) (WARD 3): Mr. Burns, City Manager, stated that the first reading of this ordinance was approved at the October 27 City Council meeting. The property to be rezoned was a 1.89 acre parcel located to the north of Sam's Club alonq the West University Avenue Service Drive. The rezoning request was from C-2 to C-3. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1109 ON THE SECOND READING AND ORDERED PUBLICATION. 3. ORDINANCE NO. 1110 IaMENDING CHAPTER 602, "BEER LICENSING," OF THE FAIDLEY CITY CODE, TO DELETE THE WORD "NON-INTOXICATING" AND REPLACE IT WITH "3_2 PERCENT" AND TO AMEND SECTIONS AND AUTHORIZE PUBLICATION OF THE OFFICIAL TITLE AND SUNAIARY: Mr. Burns, City Manager, stated that this action brings the City into conformance with a 1996 State Statute that � proscribes the term "non-intoxicating liquor." The Statute requires the replacement of this term with the words "3.2 percent malt liquor" in our beer licensing law. In addition to the above changes to the beer licensing 1aw, staff, with the support of the City Attorney, is recommending that the process for approval of a beer license be changed. The proposed change would a11ow the City Clerk to publish the � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 3 hearing notice, without City Council approval, and help the City to stay wzthin the State's sixty-day action law. Mr. Burns stated that if Council approves this change staff will be returning in the near fu�ure asking for a similar change in the City's liquor izcensing law. In addition to these changes, the amendments include changes sugqested by Councilmember Billings on October 27. These changes would strike the date by which liability insurance would be required for on and o£f-sale liquor establishments. It would also correct an outdated reference to Minnesota Statutes. In addition to adoption of this ordinance staff recommends that Council authorize the publication of these changes by official title and summary. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1110 ON THE SECOND READING AND ORDERED PUBLICATION OF THE OFFICIAL TITLE AND SUMMARY OF THIS ORDINANCE. 9. RESOLUTION NO. 97-1997 SUPPORTING DESIGNATION OF MISSISSIPPI RIVER AS AN �RICAN HERITAGE RIVER (' � Mr. Burns, City Manager, stated that the Metropolitan Council, in cooperation with the McKnight Foundation, is seeking Federal, "Heritage River" status for the portion of the Mississippi River that flows through the seven-county metropolitan area. Approval of this designation will facilitate receipt of Federal funding for river pro�ects. If Council approves this resolution of support, they would not be committing funds or relinquishing any of its local controls over this area. In response to Councilmember Schneider's request, staff has verified that this action does not preempt local land use control or other matters of local �urisdiction. ADOPTED RESOLUTION NO. 97-1997. NEW BUSINESS: 5. VARIANCE �7 iZ�!`�MM�C�ri��S��]a�!'TIM'��I: �' III. FOR Mr. Burns, City Manager, stated that the proposed variance is � for property located at the corner of 63rd Avenue and East Moore Lake Drive. This varzance will enable the construction of a 3,022 square foot office building by the International Ministerial Fellowship. The Appeals Commission voted unanimously to recommend approval at their October 22 meeting. � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 4 3 7. 0 � GRANTED VARIANCE REQUEST, VAR #97-18, TO REDUCE THE SETSACK FROM AN ADJACENT RESIDENTIAL PROPERTY FROM 30 FEET TO 15 FEET. RESOLUTION NO. 98-1997 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO FRIDLEY V.F.W. 1J/lOT OC'J /T.TTDiI �]\ r Mr. Burns, City Manager, stated that this is a biennial application renewal for pull-tabs that was last approved in 1995. Staff found no reason to deny approval. ADOPTED RESOLUTION NO. 98-1997. 99-1997 NO. ST 1998- THE PRELIMINARY REPORT ON THE ;RTAIN IMPROVEMENTS: STREET Mr. Burns, City Manager, stated that this is one of several actions pursuant to establishing an assessment district for the 1998 Hackmann P.venue pro�ect. It mandates that the City Clerk identify property owners who are to be assessed and to calculate estimated assessments for each owner. It further requires that this information be available for inspection. It also establishes November 10, 1997 as the date for the public hearing on the improvement and related assessments. ADOPTED RESOLUTION NO. 99-1997. APPROVE CHANGE ORDER NO 2 TO I-694/TH 47 NE RP.MP � n��_o /41TDll � � . Mr. Burns, City Manager, stated that the Minnesota Department of Transportation (MnDOT) requested changes to this pro�ect including signage for the daily ramp closures, $605; an additional hand-hole for connection of light pole wiring, $632.50; and relocation of a light base, $3,000. Staff recommends approval of a change order in the amount of $4,327.50 with Forest Lake Contracting. These costs are reimbursable by MnDOT. AUTHORIZED CHANGE ORDER NO. 2 WITH FOREST LAKE CONTRACTING IN THE AMOUNT OF $4,327.50 FOR THE I-694/TH 47 NE RAMP, RECONSTRUCTION PROJECT NO. ST. 1997-3. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 29, 1997, TO CONSIDER A RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE STATE OF MINNESOTA FOR THE ONAN CORPORATION: 1 Mr. Burns, City Manager, stated that the City and Onan Corporation have been working wlth representatives of the Minnesota Department of Trade and Fconomic Development toward the acquisition of a$360,000 forgiven loan for Onan. The loan application would be submitt_ed by the City and used to support the move of Onan's small "genset" manufacturing process from Huntsville, Alabama to Fridley. Onan is pledging � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 5 the creation of L44 full-time �obs with an average salary of $15.00 per hour. The forgiven loan is made available under the Minnesota Investment Fund. The proposed date for the public hearing is November 24, 1997. SET THE PUBLIC HEARING FOR NOVEMBER 24, 1997 TO CONSIDER AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE STATE OF MINNESOTA FOR THE ONAN CORPORATION. 10. CLAIMS: AUTAORIZED PAYMENT OF CLAIM NOS. 77389 THROUGH 77623. 11. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 12. ESTIMATES. APPROVED THE ESTIMATES, AS FOLLOWS: S.M. Hentges & Sons, Inc. 650 Quaker Avenue P 0. Box 69 Jordan, NIIV 55352 Removal and Replacement of Miscellaneous Concrete Curb, Gutter and Sidewalk Pro�ect No. 305 FINAL ESTIMATE :.. . . . . .. . . . . . . . . $ 9,820.S�J M.C. Magney Construction, Inc. 19245 Highway 7 Excelsior, MN 55331 Wellhouse No. 1 and Water Booster Station Pro]ect No 298 Estimate No. 2 . . . . . . . . . . . . Hardrives, Inc. 14475 Quiram Drive Rogers, MN 553274 Central Avenue BikewayJWalk�ray Pro�ect No. ST. 1994-9 Estimate No. 10. . . . . . . � Diversified Paving 8019 146th Avenue N.W. Ramsey, MN 55303 1997 Driveway Pavinq Pro�ect No. 307 Estimate No. 3 . . . . . . _ . . _ _ $37,862.25 $ 8,706.09 $16,587.48 � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 1D, 1997 PAGE 6 Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Pau1, MN 55110 Services Rendered as City Attorney for the Month of October, 1997 .... ..$ 4,250.00 No persons in the audience spoke regarding the proposed consent agenda. MOTION by Councilman Billings to approve the consent agenda items. Seconded by Councilwoman Bolkcom. Upon a voice vote, a11 voting aye, Mayor Jorgenson declared the motion carried unanimously. f_� � 7�7 y � i Ti r• � i] a� i[e f� !.!7 � MOTION by Councilwoman Bolkcom to adopt the agenda with the addition of Item 21A, Resolution Approcing a E'inal Plat, P.S #97-05, Walton Second Addition. Seconded by Councilman Billings. MOTION by Councilman Billings to amend the agenda to consider Item 15, after Open Forum. Seconded by Councilman Barnette. Upon a � voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: COMPLAINT BY MR. PAUL LARSEN, 6460 SQUIRE DRIVE: Mr. Paul Larsen, 6460 Squire Drive, addressed Council in regard to the proposed installation of a 15 KW stand-bV generator at his residence. After several contacts with City staff to determine what regulations and ordinances would affect the installation of this unit, he sti11 does not have a deflnitive answer He felt he has been ignored by the City. Mr. Larsen stated that he has contacted persons at Onan. They were very concerned that the City would consider a ban on standby power. He has also talked wzth a representative of the State Attorney General's Office who offered an opinion that municipal code and zoning restrictions are wrrtten to be adhered to, or variances granted, not interpreted by reading between the lines. Mr. Larsen stated that he has engaged the services of an attorney, � Michael Sokol, who specializes in government lrtigation Mr. Hickok, Planning Coordinator, staLed that he has talked with Mr. Larsen on several occasions. Mr. Kurt Jensen-Schneider vislted the site and discov2red the generator on the driveway. Mr Larsen indicated that he would be moving it to the side yard for installation. Mr. Hickok informed Mr. Larsen tha� this was not a � � ' FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 7 permitted accessory use under the City's ordinance. Mr. Hickok stated that this generator is three times larger than the typical home generator, with a muffling system and automotive type muffler. Mr. Hickok stated that Council would need to advise staff if they want to pursue an amendment to allow this type of generator as an accessory use in a residential district. Onan indicated that they would be wllling to make some suggestions. Mr Hickok apologized to Mr. Larsen for the delay. Since the City Code does not co=aer this situation staff felt it would be detrimental to locate a commercial generator in a residential yard. Mr. Burns, City Manager, stated that part of the reason for the delay was for the time required for legal review. Councilman Barnette stated that without an amendment to the Ctty Code he would be uncomfortable with this installation, as it is not listed as a permitted use. Mr. Hickok stated that Mr. Larsen indicated that in order to keep it viable he would run this unit once a month for approx_imately five minutes. He is concerned about three phase power going into a dwelling. There is also a concern that if people start using generators to run a woodshop, it would be a use of land beyond what is permitted in residential districts Mayor Jorgenson questioned the size. For comparison, Mr. Hickok stated that it is about as large as the podium in the Council Chambers. Councilwoman Bolkcom questioned the noise level Mr. Hickok stated that it would be like starting a four cylinder engine. She questioned whether it could be soundprooLed. Mr. Burns stated that in talking to Onan it would need to be enclosed and insulated. Onan would be willing to develop a set of standards. This could very well be a model for Fridley, as well as other communities. Mr. Hickok stated that the ordinance does not address these type of generators in a residential district. Perhaps this needs to be reviewed. Councilman Billings stated that staff is not saying a generator of this type is necessarily prohibited. At this point, the City does not have provisions in the ordinance to cover this use. Because there is no language stating it is a permitted use, staff cannot give the City`s stamp of approval. Mr. Larsen stated that he is trying to have it properly installed and hooked up permanently in his home, as an improper installation can cause shock_s down the line. � � � CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE B Mayor Jorgenson stated that Council does not take action on items brought up under the Open Forum. It is something that Council will be reviewing. Possibly it could be permitted as an accessory use. 15. PRELIMINARY PLAT. P C�S�li7T� #97-04. HEATHER HILLS NORTH, BY THE Mayor Jorgenson removed this item from the table. Mr Hickok, Planning Coordinator, stated that this is a seven-lot subdivision at 6217 Central Avenue. Mr. Dommer, the petitioner, requested this item be tabled to this meeting. However, Mr. Dommer submitted a written request for an additional extension until December 8 to try and resolve certain issues. The sixty-day actzon period has been extended into the second sixty days, and Council must take action by December 12. If this item is Labled to December 8, action must be taken by Council on this date Councilman Billings asked if the petitioner is aware that this is the date when Council must take action. Mr. Hickok stated that the petitioner has been made aware of this issue. MOTION by Councilman Billings to table this item to the December 8, 1997 Council meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. PUBLIC HEARINGS: 13. PUBLIC HEARING ON RICE CREEK BANK STABILIZATION PROJECT NO. 309 (WARD 1): MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Sr�lkc�m. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 8.06 p.m Mr. Flora, Public Works Director, stated that three petitions were received for a total of nineteen property owners in favor of this improvement. This represents 83 percent of the 23 affected property owners. It is proposed that this pro�ect will be financed with 50 percent from the Rice Creek Watershed District, 25 percent from the City; and 25 percent from the affected property owners. If Council adopts the resolution to order the final plans and specifications, the pro�ect will begin with an antzcipated completion in September, 1998 The pro�ect would be on-going during the winter months, depending on the weather. Mr. Petrangelo, 520 Rice Creek Boulevard, wanted to make sure nothing would be done to his property without his approval. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 9 Mr. Flora stated that is what the City agreed upon. Mr. Gary Knight, 513 Rice Creek Terrace, asked if the bank erosion would be taken care of. Mr. Flora stated that the walls of the creek would be lined in order to keep the creek in its channel and to stop the walls from eroding. Ms. Lynda E11is, 540 Rice Creek Boulevard, asked if the holes would be filled referring to the second rabbit ear. Mr. Flora stated that the first rabbit ear has already eroded, and the holes would be filled. No other persons spoke regarding thls proposed bank stabilization pro�ect. MOTION by Councilman Billings to close the public hearing. Seeonded by Councilwoman Bolkcom. Upon a voice vote, �ll voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 8.14 p.m. At this time, Councilman Schneider arrived at the meeting_ 14. PUBLIC HEARING ON HACKMANN AVENUE IMPROVEMENT PROJECT NO. ST. 1999-1: MOTZON by Councilman Schneider to waive the reading of the public hearing notzce and open the public hearing. Seconded by Councilman Billings Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 8:15 p.m. Mr. Flora, Public Works Director, stated that a meeting was held with residents on Hackmann Av2nue and Hac}�nann Circle. Five petitions were received with 27 of the 59 residents or 46 percent in favor of the improvement. The improvement consists of replacing the water line and rebuilding the streets with concrete curb and gutter on Hac]Qnann Avenue and Hackmann Circle. Councilman Schneider asked the proposed impact as far as the alignment of the streets. Mr. Flora stated that the entire street surlace will be removed to make the water line connections, as well as removing the existing curbing and adding the qutter. It was suggested, in con�unction with this pro�ect, that a sump pump drainage system could be installed in the street to connect to the storm system. However, there was not much support for this suggestion. Counciiwoman Solkcom asked the cost to install the sump pump drainage system. � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 10 Mr. Flora stated that it is estimated around $18,000 and would involve about nine or ten properties This is a sump pump pro�ect where the City would provide $450 toward this cost. It may be something that Council may wish to consider. As of now, no one has shown any interest in connecting. This was discussed bn efly at the meetings with the residents, but there has not been any further contact. Councilman Schneider asked where the sump pumps are currently draining. Mr. Flora stated that they were draining in the street. This can cause a problem with the street being wet and slippery. By havinq a piped system, there would be no surface impact whatsoever. Mr. Robert Townsend, 5874 Hackmann Avenue, stated that he lives at the bottom of the street. It was suggested that two additional catch basins be installed, but they were told they were not needed. All the water comes in front of his home. Over a foot of water seeped through his garage door and into his basement during storms this year. There is a need for two more catch basins Mr. F1ora stated that there are three addrtional catch basins proposed in order to drain the water on the street faster. Councilman Schneider asked Mr. Townsend if he supported the pro�ect. Mr. Townsend replied in the aFfirmative. No other persons spoke regarding this proposed improvement pro�ect. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 8:22 p.m. 15. THIS ITEM FOR A 16. PLAT, P.S. #47-�4, HEATHER HILLS �N APPROVING A REDEVELOPMENT PLAN ANIENDMENT TO THE )EVELOPMENT DISTRICT (PROJECT PLAN AMENDMENT, ZOA BY SEMPER DEVELOPMENT LTD.. TO AMEND A PREVIOUSLY Mavor Jorgenson removed this item from the Lable � Ms. Dacy, Community Development Director, stated that since the October 27, 1997 meeting, staff reviewed rhe site plan to determine if additional spaces on-site could be created. Walgreen's is proposing to locate their building in the center of the site with parking in front of the building and along the Mississippi Street right-of-way and University Avenue. There will also be spaces to 1 �J FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 10, 1997 PAGE 11 the rear of the building and probably in the northeast and east corners of the site. Ms. Dacy stated that the site plan has been revised to accommodate additional parking spaces for a possible park-and-ride activity. The revised site plan proposes a total of 131 parking spaces. Walgreen's had previously stated that 76 spaces would be sufficient to serve its use. The Zoning Code requires 94 spaces which still leaves 37 spaces remaining on the site. Ms. Dacy reviewed the revised site plan recommended by staff. She stated that Tim Yantos of the Anoka County Regional Railroad Authority was contacted. It has been determined that there is not a need for buses to use the proposed Walgreen's site, as there is adequate right-of-way along Mississippi Street and University Avenue to accommodate a bus stop or bus lane. The Rail Authority also had no problems with the 24 spaces at the rear of the site for a park-and-ride function. Ms. Dacy stated that this resolution approving a redevelopment plan amendment to the S-2, Redevelopment District, is submitted for Council's consideration. Stipulation No. 1 is to be amended to include the proposed changes to the site p1an, and Stipulation No. 5 is to be changed based on the City Attorney's comments at the October 27 meeting. Ms. Dacy stated that staff faxed the proposed revised site plan to the petitioner on Pdovember 3. Staff's recommendation is for denlal of this plan amendment. However, both the Planning Commission and the Housing and Redevelopment Authority recommended approval. Councilman Billings stated that as he understands, a motion to adopt the resolution with the stipulations attached as Exhibit A and a motion to amend Stipulation No 5 is on the table from the October 27 meeting He asked that the question be called on these motions. UPON A VOICE VOTE TAKEN ON THE MOTION TO AMEND STIPULATION NO 5 (FROM THE OCTOBER 27, 1997 MEETING), ALL VOTED NAY, AND THE MOTION FAILED. Councilman Billings stated that what is on the table from the October 27, 1997 meeting is a motion to adopt the resolution with stipulations attached as Exhibit A He offered the following substituted motion: MOTION by Councilman Billings to substitute a motion for this resolution, with the changes recommended, and as found on Pages , 16.03, 16.04 and 16.05 of the agenda book Seconded by Councilman Barnette, Councilman Billings stated that as he understands, a vote in favor of the substitute motion would be to provide the substitution with the changes that have been made since the October 27 meeting. ' FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 12 UPON A VOICE VOTE TAKEN ON THE ABOVE SUBSTITUTED MOTION, ALL VOTED AYE, and Mayor Jorgenson declared the motion carried unanimously. Councilman Billings stated that in 1990 and 1991 one of the ma�or concerns in regard to light railJmass transit was to minimize the amount of bus and auto traffic in the ad�acent neighborhood as it related to a potential station at the corner. The Anoka County Regional Railroad Authority has stated that they would be able to provide bus and auto access to the station without requiring a stipulation on this site. It must be realized, however, without access across this site, traffic will likely need to use the neighborhood streets if a station goes on this corner C�uncilman Billings stated that in 1990 and 1991 the Co�lnty was also looking at improvements to Mississippi Street and concerned with the location of the median, and the shortness of stacking area into the site. At that time there was a stipulation that the petitioner acknowledged the fact that Lhe roadway conEiguration was something that was the County's concern. The City was not going on record promising there would be a break in the median forever. Councilman Billings stated staff indicated that one of the stipulations is that the petitioner file a rezoning application for � the single family lot abutting 66th Avenue. The petitioner does not have control over that site. He felt that the intention to rezone this site back to R-1 is the right direction, but he is not sure if the City can require this property owner to enter into an action affecting another resident's property. �J MOTION by Councilman Billings to delete Stipulation 1�To 19 and renumber the remaining stipulations: To amend Stipulation No 5 and substitute the following language "The developer acknowledges that the right-of-way of TH #4� may become a mass transit corridor and that a stop or station may be built near Mississippi and University and that these events may cause easements to be sought on portions of the site by governmental authorrties." Further, the Pollowing three stipulations are to be added and numbered accordingly: (20) "The 17 stipulations from 1990 and the 17 stipulations from 1991 are herewith deleted"; (21) "Al1 of the lots included in the site plan shall be combined to form one tax parcel;" and (22) "The developer ack_nowledges that the current roadway configuration and the traffic studies from 1990 and 1991 notwithstanding, the appropriate governmental bodies reserve the right to change and alter the alignment of the roadway, including the location of the median." Seconded by Councilman Schneider. Councilman Schneider stated that he does not have a problem with the language, but he is not sure of the purpose of Stipulation No. 5. Councilman Billings stated that from the standpoint of the S-2 zoning, the City is basically approving a site plan. If this developer sells the property, it is merely a protection indicating that the City is not telling anyone that the road will stay as it is and that the Ratlroad Authority would not be requesting � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 13 easementis. It puts everyone on notice that things may change in the area and have an impact on the site. The record would probably so indicate, but by having it in the stipulations a future owner would see it more readily. Mr. Knaak, City Attorney, felt this was a good stipulation to add. Councilwoman Bolkcom asked if the City is causing any hardship to the residential property on 66th Avenue. Councilman Billings stated that he felt this property owner would now have more control over the property without this stipulation on the rezoning. Councilman Barnette stated that the property owner's intention is to rezone the property back to R-1. Mr. Kohler, architect for Semper Development, stated that the revised site plan submitted by staff was forwarded to Walgreen's for their review. He understood the intention was to determine how park_ing could be maxlmized. However, there are a number of issues they felt were conflicts. Based on information from the last meeting in regard to a park-and-ride, they felt such a facility had � to be freestanding with their own plowing and maintenance. It was suggested that a separate portion to the north be self-contained for the park-and-ride. Mr. Kohler submitted a modified site plan which shifts the entire pro�ect to the south by fifteen feet to increase the green space to the north near the residential area. This would allow a separation between their facility and the park-and-ride. It also meets the request for 24 parking spaces. Walgreen's felt that the park-and- ride site was a surge traffic generator. This was another reason why the second driveway cut is needed on Mississippi Street. It is important for Walgreen's business as well Councilman Schneider asked Mr. Kohler if he had any further discussions with the County regarding the two driveway cuts. Mr. Kohler stated that he felt they needed to work with the City to have their support. There is a letter from 1987 which stated that two entrances on Mississippi Street would be allowed It does not make sense for them to approach the County if the City does not support their request. Mayor Jorgenson stated that with one driveway, traffic wanting to make a left turn would tie up traffic making a right turn onto Mississippi Street. � Mr. Kohler stated that the two driveway cuts make it simpler for traffic that wants to make a right turn. Mayor Jorgenson asked if all the setback_ requirements were met if the building were moved fifteen feet south � FRIDLEY CITY COUNCIL MEETING OF NOVEMBEft 10, 1997 PAGE 14 Ms. Dacy stated that there is a five-fooL setback along the Mississippi Street right-of-way and sufficient space for landscaping. Ms. Dacy stated that she wished to confirm that the amendments proposed in Councilman Billinqs' memorandum were handed out this evening. Staff had no prior knowledge of this memorandum. Councilman Billings stated that he handed out the proposed amendments to these stipulations this evening. Therefore, staff did not have the opportunrty to submit these to the petitioner. Ms. Dacy stated that in 1990 and 1991, the City approved the driveway design that has been proposed on this site. It was very clear between the City and the County that there would be one access point However, Walgreen's has a formula where their sites function with two driveways. It would not be appropriate for staff to change their recommendation Walgreen's building will be smaller than the original proposed plan, and starf cannoL condone the construction of a second driveway. In regard to the proposed plan, she felt the bottom line is that the site can be manipulated to accommodate the extra parking. She did not Feel the proposed stipulations suggested by Councilman Billings wculd negate this � plan or staff's suggested plan. The plan suggested by staff does conserve the amount of use of the site and provides flexib�_lity for the developer as well. Councilwoman Bolkcom stated that Walgreen's stated that they do not have heavy peak hours of traffic. She wondered whv there was concern about traffic backing up with only one access Mr. Christensen, Semper Development, stated that Walgreen's will not accept the site without the second driceway. They can argue the fine points, but this is presented to Council as a given that if they do not have the second driveway the pro�ect cannot proceed. Walgreen's was advised by the County that they would go along with what the City recommends. If the City does not want this second driveway Walgreen's would accept that decision. If a decision cannot be made until it is decided what the County is willing or not willing to do, Walgreen's would like to continue this process in order to meet with the County. Councilman Barnette felt that Walgreen's has met the City half way on their agreement for the park-and-ride. He personally does not see the hang-up on the two driveways. Ms. Dacy stated that from a planning standpoint, the volume of traffic the petitioner has stated would be gener�ted, would not � require another driveway. From a historical perspective, the County has advised the City to maximize the queuing distance from the driveway to the intersection. Another driveway is a conflict point. Councilman Schneider asked if it would ciolate the MnDOT queuing distance if two driveways were allowed � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 15 Ms. Dacy stated that a permit is not required From MnDOT because there is no access onto a State roadway She felt that the County would have to answer the question if this would violate MnDOT's queuing. From the City's viewpoint, Mississippi Street is a ma�or roadway. Walgreen`s is a building that can operate with one driveway; however, they would prefer two driveway cuts. Councilman Schneider asked if two driveways would be allowed if this was a larger development. He did not see the harm in providing another driveway. Ms. Dacy stated that the proposed prior development for this site was twice as large, and one driveway was adequate to serve their needs. Wrth two driveways there is an additional conflict point closer to the intersection that would typically be approved for Mississippi Street. She did not doubt from the petitioner's viewpoint that two driveways are beneficial to them. However, Mississippi Street is a main arterial at a ma�or intersection, and a 32 foot wide driveway is provided to serve the site. Councilman Barnette stated that he would be willing to allow two driveways and to let Walgreen's deal with the County. He felt the pro�ect was a good one Walgreen's has addressed the mass cransit issue, and perhaps the City should compromise. Councilwoman Bolkcom questioned what would happen if the Crty approves two driveway cuts but the County allows only one. Councilman Barnette stated that Walgreen's would then have to address this issue. Mr. Christensen stated that they were requesting that the City support two driveway cuts. Councilman Schneider stated that it would be another case if there was evidence that two driveways would cause accidents or violate certain standards. He believes the argument is that the building is small and that two driveways are not needed. Mayor Jorgenson stated that at this time, Council is focusing on a single use. There may be another type of use in the future that may have a greater impact during peak_ periods. These issues all need to be considered in the best interests of the City. Councilman Sillings asked if there �aere anV questions on his motion for the amendments Mr. Christensen asked if any of these amendments compromise the driveway issue. Councilman Billings stated that to his knowledge these amendments compromise the driveway issue. � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 16 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Jorgenson declared the motion carried un�nimously. Councilman Billings stated that he had a conversation with Mr. Yantos in which he stated that he had spoken with a representative from Walgreen's in Chicago and a representative from Semper Development. Mr. Yantos indicated to him that Walgreen's was quite firm in that they did not want to move the building, even an inch. He has been looking at this proposal from the standpoint that the building would not be moved and how light rail transit r_ould be accommodated. He felt staff's primary position was that the County is looking for a drop-off and not necessarily for a park-and-ride. Even if this site is considered as a drop-off for mass transit there are a number of people that will park in this lot. He felt the main emphasis of staff has been to try to accommodate the space in that eventuality. The Anoka County Regional Railroad Authority has re-evaluated their needs on the srte. After their conversation with Walgreen's agreed that they will do the drop-off. If people are park_ing on Walgreen's site, Walgreen's can deal with it. It would have been nice to have had this plan last week so that they could have brought it to the County. � Mr. Kohler stated that when they received staff's revised plan they immediately sent it to Walgreen's. Walgreen`s plan was to k_eep the building where it was originally proposed. Semper Development proposed that zt be shifted. Af�er reviewing the issues, management realized there would be a park_-and-ride site. Councilman Billings asked if 5ernper Development or Walgreen's has a problem with the parking configuration included in staff's revised site plan dated November 3 Mr. Kohlzr stated that it really does not address the park-and- ride. It maximizes parking on the site. MOTION by Councilman Billings to amend Stipulation No 1 and delete all the underlined language which refers to the revised site plan Seconded by Councilman Barnette. Upon a voice vote, a11 voting aye, Mayour Jorgenson declared the motion carried unanimously. Councilman Billings stated that in 1990 and 1991 there was a tremendous amount of engineering data that addressed the conflicts that would arise with two driveways. Although staff has not brought those conflicts forward he felt Council was iully aware of them. The developer stated that they would be willing to extend the time period �o have an opportunity to bring these questions to the County. If Stipulation No. 4 was amended to address the two � driveways, Chere would still be the quesLion of the location of the building on the site. Councilman Barnette felt that the Communitp Development Department had a right to review the petitioner's modified p1an. � � ' FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 17 Councilwoman Bolkcom stated that if the County permitted twc driveways on this site, she would go along with it. Councilman Barnette stated that the County's position is one driveway. However, if the City approves two it gives the developer leverage to go back to the County and negotiate. MOTION by Councilman Schneider to amend the stipulations by deleting Stipulation No. 4 pertaining to t_he driveways. Seconded by Councilman Barnette. Councilman Billings stated that if Stipulation No. 4 was deleted and the County does not approve two driveway cuts, there would be a problem. This would leave no opportunity for Walgreen's but to go along with one driveway because the site plan has been approved with two driveways and the time for action expired. He felt it would make more sense to leave Stipulation No. 4 and add a sentence that if the County was to approve two 30 foot driveways the site plan could be approved. Councilman Schnzider stated that he is attempting to give the developer some leverage to go to the County. Mayor Jorgenson stated that if there are two driveway cuts located as on the plan she could not support it. COUNCILMAN SCHNEIDER WITHDREW HIS MOTION WITH THE PERMISSION OF HIS SECONDER COUNCILMAN BARNETTE. MOTION by Councilman Schneider to delete Stipulatlon No. 4 as written and substitute the following wording: "That the City conceptually approves two driveway cuts and the petitioner is to work with the County to determine the exact location of the two cuts." Seconded by Councilman Barnette. Upon a voice vote, Councilman Schneider, Councilman Barnette, and Mayor Jorgenson voted in favor of the motion. Councilman Billings and Councilwoman Bolkcom voted agalnst the motion Mayor Jorgenson declared the motion carried Councilman Billings stated that the motion �ust passed requires two driveways for the site. The S-2 zoning requires approval of the site plan by the Council. He understands that ir there are not two driveways, the pro�ect would not proceed if the County allows only one driveway, Walgreen's no longer has an approved site plan. MaVOr Jorgenson stated that she felt staff should have the opportunity to evaluate this modified plan submitted by Semper Development. Mr. Christensen ask_ed if they could voluntarily extend this sixty- day action period. Mr. Knaak, City Attorney, stated that if they are oFfering a waiver of the requirements for the legal status Council could approve the � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 1B extension. An affirmative action on the resolution could be tabled. Councilman Schneider stated that he was trying to force a decision on the two versus one driveway so that the developer had something concrete when they approach the County. The ma�ority of Council supports two driveway cuts. Mr. Christensen requested an extension of the sixty-day action requirement. Mr. Knaak stated that this would have to be a written request to the City. Councilman Billings stated that an extension would allow staff to evaluate the relocation of the building. MOTION by Councilman Billings to table consideration of this item in order to ascertain the necessary information to fully examine and study the request, and to extend the review period for City Council action an additional sixty-days and to notify the petitioner in writing of this sixty-day extension as soon as possible. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Councilman Billings stated he hoped Lhat staff could bring this back as expedrtiously as possible. I�L�i:i=i�I.�i�.I�XYi 17. FIRST READING OF AN ORDINANCE RECODIF'YING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING,^ BY ADDING NEW SECTION 205.29, "O-5 TELECOMMUNICATIONS TOWERS AND FACILITIES,^ TO AMEND SECTIONS 205.D6, 205.17.O1.C.(7), 205.18.O1.0 (7), Ms. Dacy, Community Development Director, stated that since the public hearing staff has revised this proposed ordinance as follows: (1) reformat the text to match the City's format for Overlay Districts; (2) clarify the procedures for reviewinq towers and wireless communications facilities as permitted uses on approved srtes and special uses in industria] districts, (3) a requ�rement has been added for wireless providers to submit technical evidence from an independent geological engineering consultant confirming that the soil is capable of supporting the proposed tower, antenna arrays and equipment; and a structural engineer wi11 have to prove that the area proposed for a monopole or tower is adequate to completely contain the structure if it should collapse for any reason; (4) sections added to clearly state that a building permit is required, and that the facilities are to be located in the rear or side yard areas, and (5) a fee schedule has been proposed. Ms. Dacy further explained these revisions and reviewed the fee schedule. � � ��I �J FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 19 Ms. Dacy stated that one industry representative has suggested extension of the moratorium to allow other approved sites. She stated that there is also a letter from Peter Beck, AT&T Wireless, who recommends additional antennas at existing sites and placement of antennas on buildings or other antenna-supported structures as a permitted use. Staff felt this was contrary to the concept of "approved srtes." Ms. Dacy stated it is recommended that the ordinance be approved on first reading sub�ect to deleting the lease agreement fee on a public site, removing Section 205.29.06 and creating separate sections for each requirement, and amending Section 205.29.08.C. to remove an improper reference to item (8). She said that some additional minor modifications may need to be made prior to the second and final reading of this ordinance on Diovember 24, 1997. MOTION by Councilman Barnette to waive the reading and approve the ordinance on first reading sub�ect to the deleting the lease agreement fee on a public site, removing Section 205.29.06 and creating separate sections for each requ�_rement, and amending Section 205.29.OS,C. to remove improper reierence to item (8). Seconded by Councilman Schneider. Upor a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 18. FIRST READING OF AN ORDINANCE AMENAING CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION,^ BY �NDING SECTION 113.07. AND ALSO AMENDING CHAPTER 11, ENTITLED w Ms. Jones, Planning Ass�stant/Recycling Coordinator, stated that this ordinance would amend the recycling serv_ce fees from $4 to $6 per quarter for residential dwellings of �ne to four units and multiple dwellings of five to twelve units. Multiple dwellings of thirteen or more unrts will be charged the current contract price which the City is charged by a private contractor. Ms. Sones stated that at the public hearing there was a request from Council about possibly offering a seniors discount. The discounts currently offered a 25 percent on water rates and 50 percent on sewer rates. If a 33 percent discount is recommended on the recycling fee, it would amount to 66 cents per month. There are currently two hundred households on this discount system. If offered rt would mean an additional shortrall in the SWAP budget of $1,600. It is important to note that the 1998 SWAP budget, including the increased $6 per quarter fee on utility bills, is already short approximately $16,000 from covering pro�ected expenses. Staff is recommending that no discounts be allowed. Ms. Jones stated that there has been a 43 percent increase in the October, 1997 tonnage compared to the October, 1996 tonnage In comparing the tonnage betiween April, 1997 and October, 1996 there has been a 10 percent increase. � FRIDLEY CITY COUNCIL MEETING OF NOVEM�ER 10, 1997 PAGE 20 MOTION by Councilwoman Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilman Barnette. Upon a voice vote, Councilwoman Bolkcom, Councilman Barnette, Councilman Billings and Mayor Jorgenson voted ln favor of the motion. Councilman Schneider voted against the motion. Mayor Jorgenson declared the motion carried. 19. RECEIVE PROPOSALS FOR COLLECTION, PROCESSING AND MARKETING Ms. Jones, Planning AssistantlRecycling Coordinator, stated that RFPs were sent out for the metals portion of the recycling operations. Four quotes were received, and Great Western proposed the best price for aluminum cans and scrap metal. The Environmental Quality and Energy Commission unanimously recommended to accept this proposal from Great Western Ms. Jones stated that the RFPs were sent out for the miscellaneous recyclables which include steel cans, plastic bottles, cardboard, newspaper, mixed paper, and glass. Three proposals were received, but were difficult to analyze because predictions needed to be made about the volume of each category of recyclables in order to fairly compare container rental and transporting fees. It appeared that � BFP s proposal is the most competitive, with an estimated cost of $807 per month. However, boxboard is not a part of their program. Fridley residents should not be inconvenienced by this change since they can recycle dry food boxes at the curb. The Environmental Quality and Energy Commission recommended that Council approve the Weyerhaeuser proposal. Incorrect market value information was provided regarding BFI's proposal. The EQE Chairperson has been contacted, and staff has not received any ob�ections. Staff recommends that Council accept the proposal from BFI for miscellaneous recyclables marketing and transport. Councilman Schneider asked the total cost of operating the recycling center. Ms, Dacy stated that the net cost with these proposals for 1998 is going to be $6,000 to $8,000. The cost will be less this year than last. The contracts are for one year. She felt that_ the City could provide the service and get the tonnage for a reasonable cost. Councilman Schneider stated that the question was how much would it cost everyone for the convenience of the center MOTION by Councilman Billings to receive Lhe RFPs for the metal recycling and the miscellaneous recyclables. Seconded by � Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 20. CTION, PROCESS m PAGE 21 MOTION by Councilman Billings to approve the contract with Great Western Recycling for aluminum and scrap metal recycling and the contract with BFI for miscellaneous recyclables and authorize the appropriate City officials to execute same. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 21. 00-1997 FINAL PLANS AND MOTION by Councilman Billings to adopt Resolution No 100-1997. Seconded by Councilman Schneider. Upon a voice vote, al1 voting aye, Mayor Jorgenson declared the motion carried unanimously. 22. RESOLUTION NO. 101-1997 ORDERING FINAL PLANS AND ESTIMATES OF COSTS THEREOF: HACKMANN AVENUE IMPROVEMENT PROJECT NO. ST 1998-1 (WARD 2y: MOTION by Councilman Schneider to adopt Resolution No. 101-1997. Seconded by Councilman Barnette. Upon a voice vote, al1 coting aye, Mayor Jorgenson declared the motion carried unanimously 21A. RESOLUTION NO. 102-1997 APPROVING A FINAL PLAT, P.S. #97-05, WALTON SECOND ADDITION: Mr. Hickok, Planning Coordinator, stated that earlier in the evening Council had a plat for Sam's Club. This plat was Walton's Second Addition. Bachman's requested that Council consider tt last this evening. This plat would allow a two-lot subdivision for Bachman's and continue to allow the block for Sam's Club and an outlot for a ponding area. Mr. Hickok stated that staff recommended approval of this final plat with the following stipulations� (1) execute and record common storm water use and maintenance agreements for Outlot A, Walton Addition, against the plat; (2) parl; dedication fees shall be paid at the following rates: Lot 2, Bachman's, $5,657.24; Lot 3, vacant, $1,217.07; and (3� rezoning request, ZOA #97-OS shall be approved. MOTION by Councilwoman Bolkcom to adopt Resolution No. 102-1997, with the following stipulations attached as Exhibit A: (1) execute and record common storm water use and maintenance agreements for Outlot A, Walton Addition, against the p1at, (2) park dedication fees shall be paid at the following rates. Lo� 2, Bachman's, $5,657,24 and Lot 3, vacant, $1,217.07; and (3) rezoning request, ZOA #97-08, shall be approved. Further, to authorize the Mayor to slgn the final plat. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIZ MEETING OF NOVEMBER 10, 1997 23. INFORMP.L STATUS REPORTS: PAGE 22 Mr. Surns, City Manager, stated that for the conference session he would like to discuss the Old Central Avenue pro�ect, Jackson Street consulting proposal, potential petition to circulate regarding the vacation of an easement connecting River Edge Way with Stevenson School, and Norwest Foundation`s donation for the Community Center. ADJOURNMENT - MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council oF November 10, 1997 ad�ourned at 10:30 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Nancy J. Jorgenson Mayor