Loading...
11/24/1997 - 00001830� THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF The Regular Meeting of the Fridley City Council was called to order by Mayor Sorgenson at 7:34 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Alleqiance to the F1ag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PRESENTATION: Mayor Jorgenson, Councilman Billings, Councilwoman Bolkcom None Councilman Barnette, Councilman Schneider and CEkTIFICATE OF COMMENDATION TO SHIkLEY EARLEY: Mr. Sallman, Public Safety DZrector, recognized Ms. Earle�,� for her efforts in preventing a crime with the Police Department's � apprehension of a burglary suspect on September 15. The Police Department has a Neighborhood Crime Watch Program, and they need the assistance of the public. In this case, Ms. Earley noticed a suspicious person at a neighbor's home and called the police. Mr. Sallman presented Ms. Earley with a certificate of commendation for her assistance in helping detier crime in the community. APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 10, 1997: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 113, ENTITLED b � Mr, Burns, City Manager, stated that this was the second reading of this ordinance which would increase the recycling fee from $4.00 to $6.00 per quarter. The additional revenue is needed to cover the operation of the City's weekly curbside � � FRIDLEY CITY COUNCIL MEETING OF 24, 1997 PAGE 2 recycling program and the operation of the redemption center. A public hearing was held on October 27 with no one from the public testifying. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGUi�AR AGENDA. NEW BUSINESS: � 3 � RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 5, 1997: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 5, 1997. SPECIAL USE PERMIT, SP #97-09, BY GREG ASPROTH OF UNIVERSITY EILLIARDS, INC., TO ALLOW THE EXPANSION OF A CONJMERCIAL RECREATION FACILITY IN AN INDUSTRIALLY-ZONED DISTRICT, Mr. Burns, City Manager, stated that this special use permit would allow the petrtioner to construct a 2,778 square foot addition. The special use permit is for a commercial recreation use in an industrial building. City staff and the Planning Commission recommend approval with five stipulations, which he outlined. GRANTED SPECIAL USE PERMIT, SP #47-09, WITH THE EOLLOWING STIPULATIONS: (1) NO JLJVENILES SHALL BE ALLOWED IN THE UNIVERSITY BILLIARDS FACILITY WITHOUT THEIR PARENTS BEYOND THE CURFEW TIME FOR THEIR AGE GROUP; (2) THE PETITIONER SHALL PROVIDE ADEQUATE ADULT STAFF AT ALL TIMES WITH AT LEAST TWO ADULTS ON STAFF FROM 6:00 P.M. TO CLOSING ON FRIDAYS AND SATURDAYS; (3) THE PETITIONER SHALL PATROL THE PARKING LOT AND REPORT SUSPICIQUS ACTIVITIES TO THE POLICE; (4) NO ALCOHOLIC BEVERAGES SHALL BE SERVED OR ALLOWED ON THE PREMISES; AND (5) THE DEVEIAPMENT OWNER SHALL NOTIFY THE CITY OF FUTURE ADDITIONS/EXPANSIONS OF VACANT BUILDING SPACE AND SHALL ACCEPT LIMITATIONS ON OCCUPANCY OF REMAINING VACANT SPACE SHOULD PARKING SHORTAGES RESULT. THE DEVELOPMENT OWNER SHALL AGREE, IN WRITING, TO ACCEPT THIS STIPULATION PRIOR TO THE APPROVAL OF THE SPECIAL USE PERMIT. P#97-10, EY RON STELTER OF AUTOMOBILE SALES FACILITY, GENERALLY LOCATED AT 75D1 HIGHWAY 65 N.E. (WARD 2): ' Mr. Burns, City Manager, stated that this special use permit would a11ow the construction of 104,650 square foot parking lot. City staff and the Planning Commission recommend approval wrth six stipulations, which he outlined. GRANTED 5PECIAL USE PERMIT, SP #97-10, WITH THE FOLLOWING STIPULATIONS: (1) NO CARS SHAI,L BE PARKED IN THE BOULEVARD OR � � 1 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 3 5 G 7. ON ANY LANDSCAPED AREAS; (2) THE PETITIONER SHALL PROVIDE CURB AND GUTTER ALONG THE ENTIRE PERIMETER OF THE PARKING AREA; (3) THE PETITIONER SHALL SUSMIT A NEW LANDSCAPE PLAN TO BE APPROVED BY THE CITY PRIOR TO THE COIM�NCEMENT OF THE PARKING RECONFIGURATION; (4) SARBED WIRE SHALL NOT BE INSTALLED IF THE EXPANDED PARIfING AREA IS FENCED; (5) THE PARKING SPACES SHALL BE STRIPED AT TEN FEET; AND (6) NO CARS OR OTHER VEHICLES SHALL SE PARKED IN A MANNER SO AS TO IMPEDE THE FREE TRAVEL OF VEHICLES IN AREAS INTENDED AS DRIVE AISLES. RESOLUTION NO. 103-1997 AMENDING THE HOUSING REPLACEMENT DISTRICT PLF�N FOR HOUSING REPLACEMENT DISTRICT NO. 1 TO INCLUDE PHASE II: Mr. Burns, City Manager, stated that the original Housing Replacement District Plan was created by the Housing and Redevelopment Authority (HRA) in October, 1995. The creation of the district allows the HRA to collect tax increment from scattered site developments for a period of fifteen years. The program allows the HRA to designate up to ten sites per year over a ten-year period, but no more than fifty sites can be included in the program. Eight srtes were identified in 1995, and five additional sites are proposed. These five additional sites were approved by the HRA at their November 13, 1997 meeting. ADOPTED RESOLUTION NO. 103-1997. APPROVE MEMORANDUM OF UNDERSTANDING SETWEEN THE ANOKA CONSERVATION DISTRICT AND THE CITY OF FRIDLEY. Mr. Burns, City Manager, stated that this agreement is the vehicle by which the City is reimbursed for its Wetland Conservation Act expenses. It covers the year 1998. APPROVED THE MEMORANDUM OF UNDERSTANDING BETWEEN THE ANOKA CONSERVATION DISTRICT AND THE CITY TERMINATION AND RELEASE AGREEMENT BETWEEN THE CITY TT.TiI [)TTSTTI�L� T�DlIT]L+DTYL�C� ri.ir . Mr. Surns, City Manaqer, stated that this agreement pertains to the Wholesale Club development �greement between the City and Vantage Properties. This termination and release agreement is needed in order to close the sale between Wal-Mart Stores, Inc. and Bachman's and to record the Walton Addrtion plat. Staff has reviewed the original agreement and concurs that the agreement should be nullified as the obligations of the developer in the 1986 agreement have been satisfled. APPROVED THE TERMINATION AND RELEASE AGREEMENT BETWEEN THE CITY AND VANTAGE PROPERTIES, INC. � FRIDLEY CITY COUNCIL MEETING OF NOVENIBER 24, 1997 PAGE 9 8. APPROVE CFiANGE ORDER NO. 3 TO I-694 DL�nnl.iCmnrTnmTn1J nDn'mnm l.Tn cm 1 O[]`!_9. 47 NE RAMP Mr. Burns, City Manager, stated that the Minnesota Department of Transportation has added a minor work order and a supplemental agreement to this pro�ect. The minor work order covers additional hand holes, trenching, and rigid steel conduit which will be used for traffic signal in�erconnection. The supplemental agreement between MnDOT and the contractor regards the price of bituminous pavement. The entire amount wi11 be reimbursed by MnDOT. Staff recommends approval of this change order in the amount of $11,819.50. AUTHORIZED CHANGE ORDER NO. 3 WITH FOREST LAKE CONTRACTING, INC. FOR 2-694/TH 47 NE RAMP RECONSTRUCTION, PROJECT NO. ST. 1997-3, IN THE AMOUNT OF $11,819.50. 9. RESOLUTION NO. 104-1997 ORDERING IMPROVEMENT AND APPROVAL OF ADOPTED RESOLUTION NO. 104-1997. � 10. RE PL IM 11 � 105-1997 ADOPTED RESOLUTION NO. 105-1997. �• : � / u�`���.i�i�77ci�IV �Ri]� RESOLUTION NO. 106-1997 OF THE CITY OF FRIDLEY, MINNESOTA, AUTHORIZING THE MAYOR AND THE CITY MANAGER TO SIGN THE JOINT Mr. Surns, City Manager, stated that this Task Force includes the Anoka County Sheriff's office, Blaine, Coon Rapids, Anoka, Brooklyn Park, Brooklyn Center, Maple Gro*ae, and, if approved, Fridley. This is a multi-agency group that has been established to investigate narcotics offenses. Fridley's particapation makes sense for the following reasons: narcotics cases are by their nature multi-�urisdictional and very labor intensive; a multi-�urisdictional agency will be more successful in attracting grant funding, as participants, the City will also participate in the proceeds from forfeiture of property; and the Task Force wi11 also provide a significant manpower pool for the investigation of other ma�or crimes. Mr. Burns stated that the City's participation comes with some cost. As a member, the City would be expected to assign one officer to the Task Force. If approved, the City's involvement would begin January 1, 1998, and would continue until the City withdraws or until the Task Force is dissolved. � FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 24, 1997 12. 13 ADOPTED RESOLUTION NO. 106-1997. 5 ITIONS OF COPS MORE GRANT IN THE AMOUNT OF $88,350 �HIP WITH COLL7MBIA HEIGHTS AND SPRING LAKE PARI< Y\ Mr. Burns, City Manager, stated that this grant has been solicited by the cities of Fridley, Columbia Heights, and Spring Lake Park. These funds will enable the City to purchase photo imaging and live scan fingerprint capture equipment. Fridley's participation in the 25 percent match for the grant will be $15,000. The equipment is to be housed and used in Fridley by existing personnel. A supplemental appropriation for the City's share of the match will be needed at a later date since these funds are not budgeted. ACCEPTED CONDITIONS OF COPS MORE GRANT. ESTABLISH A PUBLIC HEARING FOR DECEMBER 8, 1997, FOR LOCAL LAW ENFORCEMENT BLOCK GRFaNT IN THE AMOUNT OF 21,679: Mr. Burns, City Manager, stated that the Block Captains � Advisory Board will meet December l, 1997 to consider staff's recommendation for use of this qrant. It is expected that most of the money will be used to purchase a speed trailer which will include a display board, register the numbers and speeds of vehicles by time of day and make calculations. The public hearing for this item is scheduled for December 8, 1997. 14 Fl.y 16, � �J SET PUBLIC HEARING FOR DECEMBER B, 1997, FOR THE LOCAL LAW ENFORCEMENT BIACK GRANT. RESOLUTION NO. 107-1997 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO FRIDLEY AMERZCAN LEGION, POST 303 (7365 CENTRAL AVENiTE N.E.) (WARD 2): ADOPTED RESOLUTION NO. 107-1997. RESOLUTION NO. 108-1997 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO LIONS CLUB OF FRIDLEY (JOE DIMAGGIO'S RESTAURANT, 1298 EAST MOORE T,AKF norcm� ir.�ron �� . ADOPTED RESOLUTION NO 108-1997. APPOINTMENT: CITY EMPLOYEES: Mr. Burns, City Manager, recommended the appointment of Mark Daly as Program Supervisor. Mark has a Bachelor of Science Degree from Mankato State University ma�oring in recreation and leisure services. He has over eight years of part and full-time work with the CitV of Spring Lake Park which includes various positions in the recreation area. I� � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 29, 1997 PAGE 6 Mr. Burns stated that Lee Hollom is recommended for appointment as a Public Services Worker in the Parks Section. Lee's background includes classes on golf course management at Anoka-Hennepin Technical College and experience in welding, playground equipment lnstallation and repair, and excavation. He has been a Seasonal Public Services Laborer for Fridley and a light equipment operator for the City of Anoka. CONCURRED WITH THE FOLLOWING APPOINTMENTS BY THE CITY MANAGER. Name Mark Daly Lee Hollom Position Program Supervisor Exempt Public Serv�s Worker-Parks Non-exempt 17. CLAIMS: Starting Salary $36,143 per year $11.86 per hour Starting Date Dec. 1, 1997 Dec. 8, 1997 Replaces Richard DeGardner, Jr Emme t t Gosselin AUTHORIZED PAYMENT OF CLAIM NOS. 77624 THROUGH 77883. 18 LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 19. ESTIMATES: APPROVED THE ESTIMATES, AS FOLIAWS: M.D Magney Construction, Inc 19245 Highway 7 P.O. Box 249 Excelsior, MN 55331 Design Well House No 1 Pro�ect No. 298 Estimate No. 3 . . . . Diversified Paving 8019 - 146th Avenue N.W. Ramsey, MN 55303 1997 Driveway Paving Pro�ect No. 307 Estimate No. 4 . . . . . . . . . . . . $64,735.85 . $ 6,100.40 � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 7 Forest Lake contracting 14777 Lake Drive Forest Lake, MN 55025 I-694/TH 47 NE Ramp Reconstruction Pro�ect No. ST. 1997-3 Estimate No. 3 . . . . . . . . . . $58,687.57 No persons in the audience spoke regarding the proposed consent agenda. Councilman Schneider requested that Item 1 be removed from the consent agenda. MOTION by Councilman Barnette to approve the consent agenda ltems with the exception of Item 1. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Sorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the addition of Item 1 from the consent agenda. Seconded by Councilman � Billings. Upon a voice vote, all coting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: � There was no response business. PUBLIC HEARING: from the audience under this it2m of 20. PUBLIC HEARING TO CONBIDER AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE STATE OF MINNESOTA FOR THE ONAN CORPORATION: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 7:48 p.m. Mr. Burns, City Manager, stated that this hearing is to consider authorizing the subnattal of a grant appl�cation to the State of Minnesota on behalf of Onan Corporation, a subsidiary of Cummins Engine, Inc. This 1oan would be from the State's Investment Fund in the amount of $360,000. The loan would be forgiven if, after a period of five years, Onan has created a minimum of 144 �obs having an average annual salary of $15,OD0 per year. The City is responsible for completion of semi-annual compliance reports. Mr. Burns stated that Onan has been manufacturing small gasoline engines and small qenerators in Huntsville, Alabama. With the decision to out source the production of small gasoline engines, � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE B Onan decided to move the manufacturing of small "gensets" to one of their other facilities where there was surplus space. Several other sites were considered, as well as Fridley. The incentive package from the State of Minnesota, along with other moves at Onan's Fridley operation to cut costs of production, have been instrumental in the decision of Cummins to move the small "genset" operation to Fridley. Mr. Burns stated that although the CiLy does not expect to receive any of the proceeds from the loan, the City is required by the State to establish guidelines for an economic development revolving loan fund. The Community Development Department has prepared these guidelines and a resolution for their adoption. Mr. Dan Seebart and Mr. Woody Nelson are here this evening to answer any questions. Councilman Schneider asked Mr. SeebarL what type of �obs would be generated by this move from Alabama. Mr. Seebart, Director of Fridley Operatlons for Onan, stated that there would be approximately th�_rty salaried positions in manufacturing, as well as positions in production. Their primary application for this particular operation is for installation in mobile homes. � Councilman Barnette asked if local persons would be filling these positions. Mr. Seebart stated that they have not been very successiul in enticing the personnel from Alabama to relocate to Minnesota The vast ma�ority of the positions will be filled locally. Mayor Jorgenson asked when the move wou�d be completed and how soon they would be hiring personnel. Mr. Seebart stated that they will have transferred all their operations by the end of February, 1998. They are now actively recruiting for personnel to fill these positions. Councilman Schneider asked how many persons were affected when this operation was relocated to Alabama. Mr. Seebart stated that approximately 95 people were affected. The export business in Asia was rapidly growing, and there was not a layoff at that time. Councilman Barnette asked the minimum and maximum salary scales. Mr. Seebart stated that there were many entry level positions � requiring a high school education and general assembly positions where specific skills are not required. The machining and fabrication portion of the operation does require some specific skills. The pay scale for production workers is a minimum of $12.00 per hour, and the maximum is $17.00 per hour � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 9 Councilman Schneider asked if this move requires any expansion at Onan. Mr. Seebart stated that there is considerable investment inside their facility to accommodate thls transfer. No other persons in the audience spoke regarding this grant application for Onan Corporation. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 7:55 p.m NEW BUSINESS: 21. FIRST READING OF AN ORDINANCE ESTABLISHING BY INTERIM ��r.-rre. aw� DEVELAPMENT OF PROPERTY FOR SUCH NEW TOWERS THEREBY AMENDTNG THE CITY CODE BY ADDING A NEW SECTION FOR THAT PURPOSE � Ms. Dacy, Community Development Director, stated that as Council was aware, the City has a moratorium applicable to the installation of wireless antennas and facilities. One of the providers suggested that the moratorium be extended in order for the City to complete its process of adding additional sites. The additional sites the City will be evaluating are Agro-K, Onan, All Temp Storage, Parson`s Electric, City-owned land south of Springbrook Nature Center, United Defense Water Tower, and City right-of-way located ad�acent to I-694 between Fifth and Sixth Streets. Ms. Dacy stated that a letter was received from Gary Gandrud on behalf of Sprint PCS indicating that they felt an extension of the moratorium was unnecessary and punitive to some providers. Mr. Gibbs, representing US West Wireless, submitted a letter in favor of extending the moratorium; however, he contacted staff and retracted his request to extend the moratorium. One of the sites his client was interested in was an approved site. The City no longer has any request from providers to extend the moratorium However, Council may, at its discretion, extend the moratorium for the purpose of evaluating the additional sites. Mr. Gandrud was at the meeting if Council had any questions Councilman Schneider asked, from staff's viewpoint, if there was any need to extend the moratorium. � Ms. Dacy stated that the process had been initiated for the additional sites. It will be coming to Council in about a month. She did not see a reason to extend the moratorium. Councilman Billings asked if it is necessary to extend the moratorium to protect any aspects of the telecommunications ordinance the Council may be adopt�ng this evening. � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 10 Ms. Dacy stated that if the moratorium is not extended it will not affect the telecommunications ordinance the Council was considering for adoption this evening. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voted nay, and Mayor Jorgenson declared the motion failed. OLD BUSINESS: 1. 111 AMENDING TLED "SOLID WASTE 113.07, AND ALSO AMENDING CHAPTER 11, ENTITLED "GENERAL PROVISIONS AND F'EES," BY AMENDING SECTION 11.10, "FEES:" Councilman Schneider stated that he requested this item be removed from the consent agenda, as he intends not to vote for this increase in fees. MOTION by Councilwoman Bolkcom to waive the reading and adopt Ordinance No. 1111 on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, Councilwoman Bolkcom, Councllman Billings, Councilman Barnette, and Mayor Jorgenson voted in favor of the motion. Councilman Schneider voted against the motion. The motion carried by a four to one vote 22. ORDINANCE NO. 1112 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY ADDING NEW SECTION 205.29, "O-5 N b C. Ms. Dacy, Community Development Director, stated that there have been a few amendments and some minor changes to title blocks and references between sections since the first reading of this ordinance on November 10, 1997. These changes were included in Council's agenda book. The effective date of this ordinance was March 16, 1998 based on the premise that the moratorium would be extended. This, however, was not done, so there is no need for this sentence referring to the effective date of this ordinance. Mayor Sorgenson asked when the ordinance would take effect. Ms. Dacy stated that if no specific date was listed, the ordinance would take effect fifteen days after the date of publication. The title and summary of this ordinance would be publ�shed in next � week`s Focus News. MOTION by Councilman Barnette to waive the reading and adopt Ordinance No. ll12 on the second readinq. Further, to amend this ordinance by deleting the effective date of March 16, 1998. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. L�J FRIDLEY CITY COUNCIL MEETING OE NOVEMBER 24, 1997 PAGE 11 MOTION by Councilman Billings to order the publication of the official title and summary of Ordinance No. 1112. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 23. RESOLUTION NO. 109-1997 APPROVING A REDEVELOPMENT AMENDMENT TO THE S-2. REDEVELOPMENT DISTRICT (PROJEC' [�YI !/ Mayor Jorgenson removed this item from the table. Ms. Dacy, Community Development Director, stated that at the November 10 Council meeting, there were a number of amendments to the stipulations for this resolution. One of the stipulations was to conceptually approve two driveways to the site, as long as the County would approve the specific locations of those driveway cuts. The County has informed staff that they would not override Council's decision for two driveways onto the Mississippi Street right-of-way. � Ms. Dacy stated that the developer and the Anoka County Regional Railroad Authority have drafted an easement which is now being reviewed by the Railroad Authority. While these negotiations have not been concluded, the developer was requesting that Council act on this issue. Stipulation No. 5 would require the developer to record the easement at the County prior to issuance of a building permit for the site. � Ms Dacy stated that the staff has also reciewed the site plan. Information was received on the impact of the drainage pond to the north of the building. There is a slight increase to the surface of the area; however, there are optlons to handle the drainage when a park-and-ride is created. Ms. Dacy suggested that the date of September 12 in Stipulations No. 1 and 13 be chanqed to November 10, and for Stipulation No. 5 that was submitted this evening to be evaluated by Council. MOTION by Councilman Billings to receive the iax from Semper Development dated November 24, 1997 regardinq Stipulation No. 5. Seconded by Councilwoman Bolkcom. Upon a voice vote, all votinq aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Billings to adopt Resolution No. 109-1997, with the stipulations attached as Exhibit A: (1) the development shall be constructed in accordance with the site plan dated September 12, 1997, unless otherwise provided for by the stipulations of approval; (2) compliance with the comments of the Engineering Department as stated in the September 23, 1997 memorandum from Jon Haukaas; (3) a final landscaping and irrigation plan shall be submitted and approved by City staff prior to issuance of a building permit, (4) the City conceptually approves two driveway cuts, and the petitioner is to work with Anoka County � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 12 to determine the exact location of the cuts; (5) the developer acknowledges that the right-of-way of T.H. 47 may become a mass transit corridor and that a stop or station maybe built near Mississippi Street and University Avenue and that these events may cause easements to be sought on portions of the property, (6) the petitioner shall pay park dedication fees at time of building permit in the amount of $2,618.41; (7) storm water management calculations shall be submitted prior to issuance of the building permit; (8) all rooftop equipment shall be screened from view from the public right-of-ways; (9) no automotive service uses, car sales, or other outdoor repair/display uses shall be permitted. No pawn shops shall be permitted. No restaurants are permitted unless specifically approved by the Planning Commission and City Council. The city, in its evaluation of a proposed restaurant use, may require proper HVAC and odor venting equipment to eliminate to the greatest extent possible any odor emissions from the building. Venting for specifiC odor causing uses sha11 be routed to the most westerly point of the building before being released to the open air; (10) in the event Walgreen's vacates the building, the City shall have the right of review each us° within the building prior to occupancy to determine whether or not it is consistent with the intent of the Center Crty Redevelopment Plan; (11) all lighting shall be shielded such that the glare does not adversely affect residential properties; (12) all parking and driving areas shall be lined with concrete curb. Spaces identified as "proof of parking" shall be installed at the request of the City; (13) all dumpsters shall be screened by the trash enclosure indicated on the site plan dated September 12, 1997; (14) underground irrlgation shall be provide to landscaped areas; (15) the pavement shall be appropriately marked to delineate the prescription pick up window lanes. Any changes to the pavement plan shall be indicated on the plan submitted for building permit review, (16) the decibel level of the audio system for the pick up window shall be at a level where its noise is not audible from residential properties to the east; (1�) the property owner shall work with the Anoka County Regional Railroad Authority to provide pedestrian connections where appropriate into the site, including striping or sidewalks; (18) a seven foot cedar fence shall be constructed along the north and east sides of the development. The fence along the north side of the parking lot shall be constructed between the parking lot curb and the edge of the pond. The petitioner shall submit a p1an for the installation of a decorative fence with brick pillars and black_ aluminum fencing along University Avenue and Mississippi Street in con�unction with the buildang permit application. The fence shall be installed prior to issuance of a certificate of occupancy; (19) the petitioner shall execute a storm water pond maintenance agreement to maintain the detention pond at the north side of the site; (20) the 17 stipulations from 1990 and the 17 stipulations from 1991 are herewith deleted; (21) all of the lots included in the site plan shall be combined to form one tax parcel; and (22) the developer acknowledges 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 Councilwoman Bolkcom. ' FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 13 MOTION by Councilman Billings to amend the above Stipulations 1 and 13 by deleting the date of September 12, 1997 and inserting the date of November 10, 1997. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Billings to eliminate all the above language in Stipulation No. 5 and substitute the following language: "The petitioner has offered to grant an easement to the Anoka County Regional Railroad Authority for parking. The plan amendment approval was sub�ect to the agreement by the Anoka County Regional Railroad Authority as to the form of such easement. Petitioner shall provide a letter from the Anoka County Regional Railroad Authority to the City that such form has been agreed to, and shall record such easement prior to the issuance of any building permit for the development. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. UPON A VOICE VOTE TAE�N ON THE MAIN MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. Councilman Barnette � fine. He thanked cooperation between thanked Councilman issues resolved. stated that democracy is slow but exceedingly the Swansons for their patience and the Semper Development and City staff. He also Billings for his assistance in getting the Mr. Christensen, Semper Development, stated that the process was for the betterment of both sides and will work_ well for the community. Mrs. Swanson stated that she was happy to have Walgreen's locate on this site. Mayor Jorgenson asked when they would be breaking ground. Mr. Christensen stated that ground breaking will occur in 30 to 45 days with an opening anticipated late next summer. 24. RESOLUTION NO. 110-1997 OF THE CITY OF FRIDLEY, MINNESOTA MOTION by Councilman Schneider to adopt Resolution No. 110-1997. Seconded by Councilwoman Bolkcom. Mr. Burns, City Manager, stated that � City to apply for a grant under the behalf of Onan. It certifies that the of the company and agrees to abide by this resolution authorizes the Minnesota Investment Fund on City has inspected the credit State and Federal iaws. Councilman Schneider asked if it would in any way encumber City fund if Onan should default on their agreement. � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 19 Mr. Burns stated that there are not City funds involved whatsoever. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Bolkcom, Councilman Billings, and Councilman Barnette voted in favor of the motion. Mayor Jorgenson abstained from voting on the motion. The motion carried by a four to one vote. 25. RESOLUTION NO. 111-1997 APPROVING AND ADOPTING GUIDELINES FOR THE FRIDLEY ECQNOMIC DEVELOPMENT REVOLVING LOAN E'UND: Ms. Dacy, Community Development Director, stated that guidelines need to be adopted in the event the City does receive program income as the result of the Onan grant. Because Onan's assistance will be forgiven, it was not anticipated that there will be any program income. Nonetheless, the City still needs to adopt the guidelines. MOTION by Councilman Barnette to adopt Resolution No. 111-1997. Seconded by Counczlwoman Bolkcom. Upon a voice vote, Councilman Barnette, Councilwoman Bolkcom, Councilman Schneider and Councilman Billings voted in favor of the motion. Mayor Jorgenson abstained from voting on the motion. The motion carried by a four to one vote. � 26. MOTION TO APPROVE PLANS FOR IMPROVEMENT OF OLD CENTRAI, AVENUE (COUNTY HIGHWAY 35): Mr. Flora, Public Works Director, stated that a letter of acknowledgment and support has been prepared for the proposed improvement to Central Avenue consisting of widening north of Rice Creek and milling and overlaying south of Rice Creek. He recommended that Council approve the storm sewer installation along Old Central from Osborne Road to Rice Creek, widening of the road by eight feet to the west, construction of a bike path along the west side of the road, and the installation of concrete curb and gutter as required Mr_ Flora also suggested that Council approve the concept of milling and overlaying that portion of Central Avenue south of Rice Creek and installing concrete curb and gutter as required. If, in the future, there are any curb costs associated with the TH 65 intersection improvement pro�ect, the City would cooperate in those reconstruction costs. Mr. Flora requested that Council approve this concept. A letter will be sent to the County indicating support of the pro�ect. Councilman Schneider stated that the increase in width north of Rice Creek is approximately eight feet of paved surface on the west � side of the existing road. He asked if there was any change or widening of the existing road or change to �he curb and gutter south of Rice Creek. Mr. Flora stated that there would only be the addition of curb and gutter, but it would not change the curb alignment. �� � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 15 Councilman Schneider asked if the intersection at Highway 65 would be constructed as to the plans shared with the neiqhborhood. Mr. Flora answered in the affirmative. The County is improving the intersection as designed by the City. If there was any change, the City would have to bear the cost of the curb and gutter. Councilman Schneider asked if both the widening and overlay would be on the County's work schedule for 1998. Mr. Flora stated that, hopefully, they both could be done. There are not specific funds set aside for the mi11 and overlay. Councilman Schneider stated that he has received a number of telephone calls on the condrtion of the road and has yet to receive a call on the widening. He would not like to have the north part of the road widened without the overlay. Mr. Flora stated that the purpose of sending a letter to the County is to outline the City's position. The only real issue was the funding, but he was advised by the County that they could reallocate some of their funds to complete the overlay in 1998. Councilman Schneider asked if they could be assured that both the widening and the overlay would be done at the same time. Mr. Flora stated that he was told by the Anoka County Highway Department and Commissioners Kordiak and McCarron that they wanted to get both of these improvements completed. Mayor Jorgenson stated that if the road is going to be torn up, both pro�ects should be completed at the same time. Councilman Schneider stated that the City needs a decent driving surface, but he still wanted to protect the residential propertles to the south. Mr. F1ora suggested that language be added that if both pro�ects cannot be constructed in 1998 the City should be informed so both pro�ects can be scheduled simultaneousl_y. MOTION by Councilman Schneider to authorize City staff to send the letter to the County dated November 25, 1997 with the followinq amendments: In the second paragraph, second sentence, after the word "overlay," add the following words: "within the existing gutter lines". Further, to add the followinq language at the end of the third paragraph: "If both pro�ects cannot be completed in 1998, the City requests that they be informea so both pro�ects can be scheduled simultaneously." Seconded by Councilman Billings. Upon a voice vote, Councilman Schneider, Councilman Billings, Councilman Barnette and Mayor Jorgenson voted in favor of the motion. Councilwoman Bolkcom voted against the motion. The motion carried by a four to one voLe. Councilwoman Bolkcom stated that she could not support this pro�ect wrth the widening. L_J � �.�J FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 16 27. APPOINTMENT TO APPEALS COMMISSION: MOTION by Councilwoman Bolkcom to nominate Blaine Jones for appointment to the Appeals Commission. Seconded by Councilman Billings. There being no further nominations, Mayor Sorgenson declared the nominations closed and an unanimous ballot was cast for the appointment of Blaine Jones to the Appeals Commission. 28. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that he had no informal status reports. Mayor Jorgenson thanked everyone who attended the open house at the newly remodeled Fridley Community Center on Sunday, November 23. Three hundred persons attended. She felt that a lot of residents would use the new facilities. She also thanked the business community for their support and for their donations. Councilwoman Bolkcom stated that there were many volunteers who conducted tours. She also thanked Bill Burns for all his work in obtaining support for this pro�ect. Councilman Barnette stated that donations are still being accepted. Former Mayor William Nee was in attendance, and he was a tremendous supporter for this pro�ect. Mayor Jorgenson stated that the Southern Anoka County Chamber of Commerce may be requesting permission to hold a one-day circus early this spring. Mayor Jorgenson stated that the Truth in Taxation public hearing wi11 be held this Saturday, November 29 at 10.00 a.m. at the Municipal Center. Councilman Schneider stated that it was not Council's des�re to have this meeting on Saturday, but the hearing must fall within a prescribed time period. This was the only date available when other agencies were not conducting their hearing for this issue. ADJOURIa�NT : 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 24, 1997 ad�ourned at 8:40 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Nancy J. Jorgenson Mayor