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11/08/1999 - 4665OFFICIAL CITY CITY COUNCIL AGENDA CITY COUNCIL MEETING NOVEMBER 8,1999 � unor FRIDLEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Monday, NavembeJc 8, 1999 � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER \� G � l � �. � � � �w � �-�-��:r ia�� 1s3.� ��,�� . h� ��, � ��;Y1 ��eU� �� ,�,}, � , ��r��,�, �� ;�y��=4� — �� s�� (�r��v� � '�� i� � I � �� r �a �'�ti (,I�f 1��3E'`�G'1 '-�� = � ��`r � vi �r�� i� % �� i��s�L� % T ��'� ,�. r ��. .. � ' ' ��,Y 1�1 � L.. �� -, ��- f�.�-�-.�� 5� � �``lt�� 1i'z�. , ��7 i�-� 5 �� iY� l` `� ��„ � �, � n � � , �1 �,,��,,� �� t � � P� w i ��;�L�'�-- _ �-�� l�r�`.� � � , ^ � -~� �l` � k-�� v . � � CITY COUNCIL MEETING OF NOVEMBER 8, 1999 GTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Community and Regional Planning Day — November 8, 1999 APPROVAL OF MINUTES: City Council Meeting of October 25, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Receive the Planning Commission Meeting Minutes of October 20, 1999 ........................................................ 1- 7 � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Special Use Permit, SP #99-11, by Ted Mattke, Mattke Engineering, Inc., for Wal-Mart Stores, Inc., ' for a Proposed Addition to the Outdoor Garden . Center, Generally Located at 8450 University r Avenue N.E. (Ward 3) ................................................................... 8— 17 3. Resolution Approving a Vacation, SAV #99-05, Vacating a Portion of the University Avenue Service Drive (By Marc Rice) (Ward 1) ......................................... 18 — 23 4. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Ward 1) ...................... 24 — 25 5. Approve Change Order No. 1 to the Liquor Store Parking Lot Improvement Project No. 326 .................................... 26 - 28 , r 6. Resolution Requesting Funding from Minnesota ' Department of Transportation for Trunk Highway 65 Causeway Improvements from Central Avenue to 63�d Avenue and Agreeing to Complete the Project if Said �unding is Provided .............................................................. 29 - 30 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Resolution Authorizing an Increase in Compensation and Changes in Certain Benefits for the 2000 Calendar Year .......................................... 31 — 32 8. Resolution Amending Resolution No. 88-1999 Calling for a Special Election on Amending the Fridley City Code, Chapter 409, Ordinance No. 1130 .................................................................................... 33 — 34 9. Approve Appointment to Appeals Commission ............................ 35 10. Claims ....................................................................................... 36 11. Licenses ..................................................................................... 37 12. Estimates ................................................................................... 38 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 4 ADOPTION OF AGENDA. � %�� 'E�it;� �;�� r,�' ��a�� c'%��t� v'cz�� ;�,, OPE Fj(�,LC C% j' .J ��f Y:' E� ��"r� . b�RUM, VISITORS: (Consideration of Items not on Agenda —15 Minutes) NEW BUSINESS: 13. Informai Status Reports ................................................................ 39 ADJOURN. � � �� Q � FRIDLEY CITY COUNCI L MEETING OF NOVEMBER 8,1999 '� OTY OF FR LEY. The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employmen m its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Community and Regional Planning Day — November 8, 1999 APPROVAL OF MINUTES: �� " City Council Meeting of October 25, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: V�. � 1'�,I� �J I' } 1. Receive the Planning Commission Meeting Minutes of October 20, 1999 ....... 1- 7 �� foJe,� 2. Special Use Permit, SP #99-11, by Ted Mattke, Mattke Engineering, Inc., for Wal-Mart Stores, Inc., for a Proposed Addition to the Outdoor Garden Center, Generally Located at 8450 University Avenue N.E. (Ward 3) ................. 8 —17 ��o�co� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Ward 1) .............. ........... 24 — 25 �ra ��--d Approve Change Order No. 1 to the Liquor Store Parking Lot Improvement Project No. 326 ................................... 26 = 28 ��p��.,�-c.� 6. Resolution Requesting Funding from %� Minnesota Department of Transportation f Trunk Highway 65 Causeway Improvements from Central Avenue to 63`� Avenue and Agreeing to Complete the Project if Said Funding is Provided ............ 29 - 30 ��p �oJ� 7 3. Resolution Approving a Vacation, SAV #99-05, 8. Vacating a Portion of the University Avenue � Service Drive (By Marc Rice) (Ward 1) ................................. 18 — 2� r� J('�%" Resolution Autho�izing an Increase in �� Compensation and Changes in Certain Benefits for the 2000 Calendar Year................................... 31 — 32 �p�� Resolution Amending Resolution �' No. 88-1999 Calling for a Special Election on Amending the Fridley City Code, Chapter 409, Ordinance No. 1130 .......................�..... 33 — 34 �� . � w . FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 2 APPROVAL OFPROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Approve Appointment to Appeals Commission ................................ 35 � � � iDV UDC 10. Claims ................................... 36 ��'�""� 11. Licenses ................................... 37 �x-P� � 12. Estimates .................................. 38 �P�a � ADOPTION OF AGENDA. A 1(� �,�� S� �� 1 �-�3 p��-- OPEN FORUM, VISITORS: (Consideration of Items not on Agenda — 15 Minutes) NEW BUSINESS: 13. Informal Status Reports ........................ 39 ADJOURN. � � , � �� .�^l,nt� _ dUr" =�= =1- _, CO/N/�1 !l�II T l/ ��ID �EG/ON�L. PL�NN/NG D� Y N01/EI��E� �, 1999 WHEREAS, November 8, 1999, is the SOth anniversary of World Town Planning Day; and, WHEREAS, November 8 of each year has been celebrated as World Town Planning Day in many countries since its inception in 1949; and, WHEREAS, the American Institute of Certtfied Planners (AICP) acting for the 11, 000 members of the planning profession in America, a component of the 30, 000-member American Planning Association, endorses World Town Planning Day as an opportunity to highlight the contributions sound planning makes to the quality of our settlements and environment and to celebrate American accomplishments in making collective decisions concerning our cities and regions that bring quality and meaning to our liUes; and, WHEREAS, the celebration of World Town Planning Day gives us the opportunity to publicly recognize ihe participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City; and, � WHEREAS, the City Council recognizes the many Ualuable contribu�ions made by the City of Fridley advisory commissions and planners and extends heartfelt thanks for the continued commitment to public service; and, WHEREAS, Fridley is currently working on its Comprehensive Plan to carry the City into the 21St Century; and, WHEREAS, Fridley is concerned with good planning th.at will maintain and enhance the livability of the City in the future. NOW THEREFORE, I, Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby proclaim November 8, 1999, to be: CORIIMUtdITY �RID AtEGBON�►d P�AIdRI11dG DAl( in the City of Fridley in conjunciion with the worldwide celebration of World Town Planning Day. TN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affuced this 8th day of November, 1999. NANCY J. JORGENSON, MAYOR ✓ THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF OCTOBER 25,1999 � , . � THE MINUTES OF THE REGULAR MEETING OF THE�FRIDLEY CITY COUNCIL OF OCTOBER 25. 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: None. STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of others with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. APPROVAL OF NIINUTES: COUNCIL MEETING — SEPTEMBER 13, 1999: MOTION by Councilmember Wolfe to amend stipulation number 9 on page 29 to state that service doors will face University Avenue (not towards the residential neighborhood to the east). Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 2 NEW BUSINESS: 16. RECEIVE PETITION PERTAINING TO ORDINANCE NO. 1130 �FRANCHISE FEES): Mayor Jorgenson stated that Council has reviewed a petition that was circulated by a group opposed to the franchise fee that was approved by Ordinance No. 1130 in August. The petition reflects a lot of work by those involved in circulating it. The City Charter is clear on the actions that need to be taken. First, the City Council will move to accept the petition. Second, the City will vote to affirm or set aside the proposed ordinance. The City Council heard public testimony on the issue on three occasions over a six-week period prior to voting on this issue. Several changes were made as a result of the testimony heard. No one on this Council voted on this issue without a lot of prior thought. Mayor Jorgenson continued by saying that in addition, there has been ample opportunity for each of the Councilmembers to give considerable thought to our actions during the past several weeks while the petition has been circulating. If the Council votes to affirm Ordinance No. 1130, there will be a date set for an election to allow the citizens an opportunity to express their position on this issue. At this time, when Council votes to affirm or set aside Ordinance No. 1130, a spokesperson from each committee will be invited to speak for a period of up to ten minutes to affirm or deny the franchise fee ' ordinance. After discussion, Council will move immediately to vote on the motion. Councilmember Billings stated that it would be appropriate to have the City Clerk, Ms. Debra Skogen, present the petition, and a motion be made for Council to receive the petition. Mayor Jorgenson stated that it would be appropriate to receive the petition first, and then give the petitioners an opportunity to speak. Ms. Skogen stated that a petition was submitted on October 8, 1999. On January l, 1999, there were 17,136 registered voters in the City f Fridley. The petitioners needed fifteen percent (15%), of those registered voters' signatures for the petition to be sufficient. They submitted 3,694 signatures, of which 3,157 were valid. This number of signatures is approximately eighteen percent (18%). Ms. Skogen stated that she was presenting the petition to the City Council, who then must vote to reconsider Ordinance 1130. If Council votes affirmative, they will immediately call for an election. The election could be by a special election, or sent to the next 1 municipal election. The earliest possible date for an election will be December 14, 1999. The City does have to notify the County no less than 49 days according to State Law. All polling locations are available that day. MOTION by Councilmember Billings to received the petition. Seconded by Council- member Bolkcom. CITY COUNCIL NIEETING OF OCTOBER 25 1999 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE NIOTION CARRIED UNANIMOUSLY. Mayor Jorgenson asked if there was a spokesperson ready to speak for the petition committee. Mr. Tim Werner, 6424 Able Street, stated that he was one of the people who helped to put the petition together. He stated that he was present to say thank you to the people of Fridley. The citizens rallied against the City, and they stood up against a tax that they felt was not fair. The community, as a whole, was against the franchise fee. They urged CounCil not to go ahead with the fee and not to waste taxpayers' money. 17. RECONSIDERATION OF ORDINANCE NO. 1130: AN ORDINANCE OF THE CITY OF FRIDLEY MINNESOTA AMENDING THE CITY CODE TO INCLUDE A NEW CHAPTER 409 ENTITLED "FRANCHISE FEES:" MOTION by Councilmember Billings to reconsider Ordinance No. 1130. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Q Councilmember Bolkcom asked for further clarification of the purpose of the yellow forms passed out to the audience at the beginning of the meeting. Mayor Jorgenson stated that, depending on the vote of Council, the yellow forms would be used for the City to prepare additional mailings for any information necessary prior to the Special Election vote, if Council reaffirms Ordinance No. 1130. Councilmember Bolkcom asked for further clarification of the vote for the ordinance. Mayor Jorgenson stated that if Council voted to reconsider the motion, then Council would need to reaffirm or throw out the ordinance. Mr. Werner asked if the petition group would receive the yellow forms also. Mayor Jorgenson stated that it was public information. Mr. Werner asked if Council would use the yellow forms for lobbying the community. Mayor Jorgenson stated that Council would use the forms to provide information from the questions received to the community. Mr. Werner stated that his group was planning to lobby the community. CITY COUNCIL MEETING OF OCTOBER 25 1999 PAGE 4 Mayor Jorgenson stated that Council has not come to that determination yet. It would depend on the vote of Council to reaffirm or throw the ordinance out. Councilmember Billings asked if Council was considering a motion to reconsider the ordinance, or if this was a motion to bring it off the table for reconsideration. Mayor Jorgenson stated that it would be a motion to reconsider the ordinance, and Council would need a second motion to affirm or deny the ordinance. Mr. Knaak stated that was correct. MOTION by Councilmember Billings to affirm Ordinance No. 1130 as originally passed. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings thanked the petition committee and all of the people who signed the petition. There are approximately 17,000 registered voters in the City of Fridley. Approximately 3,500 signed the petition. He felt this showed a tremendous desire to be involved in what was going on in the City. There are another 14,000 people who have not expressed an opinion. This would give the opportunity for all of the people in Fridley to express their opinion. Councilmember Billings stated that there are some folks who have called and indicated that they have signed the petition, but after they found out more information about it, they asked to have their name removed. Unfortunately, the City Clerk cannot do that because the petition was circulated, signed, and already presented. 18. RESOLUTION NO. 88-1999 DECLARING A SPECIAL ELECTION ON DECEMBER 14. 1999: Ms. Skogen, City Clerk, stated that the soonest an election could be held would be December 14, 1999. Within 49 days from tonight, she has to notify the Anoka County Auditor's office of the special election which would bring them to December 14, 1999. After that date, the holiday season begins, and there is also some concern whether or not rosters would be available due to the Year 2000 possible non-compliance issues. Staff recommended that the election be held on December 14. All of the polling locations are available on that day. MOTION by Councilmember Bolkcom to approve Resolution No. 88-1999 declaring a special election on December 14, 1999. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING OF OCTOBER 25,1999 PAGE 5 Councilmember Billings asked Mr. Burns how it would affect the budgeting process if they held the special election in November of 2000. Mr. Burns, City Manager, stated that they would not know the impact until the year was practically complete, but it would probably have an impact on the year 2001 budget. Councilmember Billings asked if the 2001 preliminary budget needs to be sent to Anoka County in September of the year 2000. Mr. Burns, City Manager, stated that the third week in August is when they have to send the budget levy and preliminary budget to the County. Councilmember Billings asked Mr. Burns if the year 2000 budget was based on the franchise fee being in place. Mr. Burns stated that it was. Prior to the franchise fee, they recognized a$1,500,000 shortfall of general fund revenue expenditures. With the franchise fee, it still would have been a shortfall of $750,000 in fund balance uses. Councilmember Billings stated that if the year 2000 referendum was successful, and the $750,000 was not available, there would be some changes in the budget for the year 2000. Mr. Burns stated that they will have to use fund balances to accommodate for the shortfall. Councilmember Billings stated that it makes sense to find out the results of the referendum vote at the earliest time reasonable, so they can plan for the year 2000 and the year 200 L Mr. Burns stated that was correct. Mayor Jorgenson asked Mr. Knaak what would be the date that the franchise fee would be in effect that if go forward with the December 14 special election. Mr. Knaak, City Attorney, said that the City Charter stated that the effective date would be December 14, 1999. He believed the fee would first occur in the January bill. Ms. Skogen, City Clerk, stated that they still have to canvas the results of the election, within seven days of the election. Mr. Knaak stated that the City Charter provides that if in fact, there is a majority vote at the election, the ordinance becomes effective immediately upon the vote. The bottom line is that once the majority vote occurs, is when the franchise fee would occur. CITY COUNCIL MEETING OF OCTOBER 25 1999 PAGE 6 Mayor Jorgenson stated that she thought if there were less than 100 votes there may be a recount. If the franchise fee becomes reaffirmed by the City Council, there would need to be a special meeting canvas, and the City will move on from there. Councilmember Bolkcom stated that the cost of the special election would be around $10,000. Ms. Skogen stated that it would be around $10,000, and the majority of that would go to pay for the City's legal publication costs, to pay the election judges, and for using a paper ballot, rather than the active vote ballot which is less expensive. Mayor Jorgenson stated that the special election will be held on December 14, to review the issue, and the City Council will hold a special meeting to accept the canvas. This is usually a short meeting. Councilmember Bolkcom asked if the election judges would be doing the counting. Mayor Jorgenson stated that the election judges do the counting but the ballots are taken out to another area at the County which would affirm it. Mr. Knaak stated that seven days is not uncommon for a canvas. Mayor Jorgenson stated that City Council will meet December 20 at 7:00 p.m. to accept the canvas. Councilmember Barnette stated that he was very strongly in favor of this franchise fee. He stated that he would like to propose that the League of Women's Voters, a non- partisan group in Fridley, set up a time prior to the election, so they could have a public forum with two people from the Council plus two people from the referendum committee. They would each take five minutes to present the stipulations, have half an hour of questions from the audience and maybe about ten minutes of wrap-up. The meeting should be very unemotional, and not so adversarial because Council are all taxpayers too. Mr. Werner stated that this is an emotional issue. This is people's livelihood, their tax dollars. Some people do not think the City should be digging into their pocketbooks every day. The City should be able to control the budget. There is no reason to have a League of Women Voters discussion group on it. The discussion should be right now. Councilmember Barnette stated that he was suggesting that the League of Women Voters sponsor the forum. Mr. Werner stated that lots of taxpayers' money would be spent lobbying for this. Many people, such as senior citizens, cannot afford to be taxed on their fixed incomes, any more than the rest of the hard-working folks can who are not on a fixed income. The Council is forgetting that they all have to work for a living. The City has to spend $10,000 on a CITY COUNCIL NIEETING OF OCTOBER 2� 1999 PAGE 7 special election and lobbying, where the citizens have to pay the bill. The City has already had their discussions and knew what they were going to do. Mayor Jorgenson stated that there is a rebate mechanism in the franchise fee for senior citizens and low-income people, to give them back that money. If there is no support for the suggestion of ineeting with the League of Women Voters, then it is the City of Fridley's loss because that is democracy in progress. Mr. Werner stated that this is democracy, but the Council wants to stifle it. Mr. A1 Stahlberg, 8055 Riverview Terrace, stated that he and his neighbors have to pay for the new streets and sewers, pay taxes to School District 11, and now a franchise fee. He can only work so many hours a day. Mayor Jorgenson stated that the project for the streets and sewers was over $2,000,000. She guaranteed the citizens in that area that they are not even going to scratch the surface of what it cost for that project. The City picks up the majority of that cost. Ms. Dawn Locker, 6856 Monroe Street., stated that they only had so much time to collect names. They are all working people, some are parents, and they can only be stretched so far. She stated that the schools are losing students because people cannot afford to live in Fridley. She was born and raised in Fridley, and wants to stay, but she does not have - much choice. She may have to go someplace where it is cheaper to live. Mr. Peter Eisenzimmer, 6535 Oakley Drive, stated that the franchise fee was an outrage. The City can build an underpass underneath Highway 65 that costs $1,000,000. Then, all of a sudden, the citizens have to pay a franchise fee. Medtronic has a twelve-year increment on their taxes. The senior citizens cannot afford higher taxes anymore. It is time for Council to repeal this ordinance regardless of the vote. Not even half of the citizens in Fridley are on the petition. The City is wasting tax-payers money. Mayor Jorgenson stated that the State of Minnesota built the underpass on Highway 65. Council is not responsible for what the State of Minnesota has done. Mr. Eisertzimmer said that the State still used taxpayers money. Mr. Eisenzimmer stated that he has never seen a financial statement for the City of Fridley. He asked what the composition of the City Council was. Councilmember Billings stated that most of the City Council was fiscally conservative. In the last twelve years, the property taxes have only been raised twice because the State of Minnesota is tinkering with the tax formulas. The goal of the House of Representatives is to equalize taxes between commercial and residential property. Right now in Fridley, apartment houses make up about ten percent (10%) of the tax base and pay about ten percent (10%) of the taxes. Commercial and industrial make up approximately thirty percent (30%) of the tax base and pay about sixty percent (60%) of CITY COUNCIL MEETING OF OCTOBER 25. 1999 PAGE 8 the real estate taxes. Residential single family makes up about sixty percent (60%) of the tax base, and pays about thirty percent (30%) of the real estate taxes. The City portion only makes up about fifteen percent (15%) of the property ta�ces. Councilmember Bolkcom stated that Council has made many cuts and the things they are spending money on helps children and seniors. Mr. Burns stated that he tends to be liberal on social issues but fiscally more conservative. Mayor Jorgenson stated that she is liberal on social issues, but she does not think anyone on the Council is more conservative with tax dollars than she is. Councilmember Wolfe stated that he definitely wants to save as much money as possible, but he tries to be on either side and use common sense. He asked Mr. Eiesenzimmer how much he thought this franchise fee would cost him per year. Mr. Eisenzimmer stated that he heard it would be about $25 for this year. Mr. Eisenzimmer stated that in 1966 Springbrook Nature Center turned out nice. The Council, in 1966, stated that they were not going to spend any money on it. Now there is a $250,000 per year cost. Councilmember Wolfe stated that the fee can only go up one percent (1%). Councilmember Barnette stated that he is liberal on social issues, fiscally very conservative. Mr. Eisenzimmer stated that liberals have a reputation of taxing and spending. Mayor Jorgenson stated that the City is working on putting together a newspaper with more information on where Fridley stands in comparison to the other nine suburban communities around Fridley. Many people have asked her why the City is using the franchise fee versus property tax. Council would like to get this information out to the public because nobody likes being taxed. If Fridley wants to have the programs that are here it will cost money. Mr. Brian Rosen, 8072 Garfield Street, Spring Lake Park, asked if the franchise fee would be levied to Westwood Elementary School. Mr. Burns stated that it would be because the school is located in Fridley, but it is not a very expensive amount. Mr. Rosen stated that he would advise Council to not go through with this ordinance. Council has just taxed everyone in Spring Lake Park and Blaine, because they all pay that school district's property taxes, and he resents that. CITY COUNCIL NIEETING OF OCTOBER 25. 1999 PAGE 9 Mr. John Howard, 7549 Tempo Terrace, stated that he was one of the people who helped get signatures. He felt the City would be wasting more taxpayers' money. Mr. Francis Adam van Dan, 6342 Baker Avenue, stated that he has a law degree and has extensive experience and knowledge with the law. He felt there were a few misunderstandings. He said it violates the State Constitution to grant a franchise fee to all of the businesses that have been in Fridley before the City became pro-rated. The State recognizes that you cannot levy a fee except to offset the expenses administered in the franchise. Any other thing is illegal. You must go to the Legislature and ask for permission to levy any tax that you want. The Council has the authority to grant franchises, but it is not for election power. Mayor Jorgenson stated that the Legislature gave them the constitutional authority to do this. They had a franchise agreement with one of the utility companies prior to the new one that has just been enacted this summer. There are at least a dozen other communities that are doing this. Mr. Knaak stated that Mr. van Dan was correct in saying that fees can only be levied for offset expenses. This was an express exception in the Statute. The Statute provides that it can be levied for the purpose of obtaining those costs or other purposes. The Statute allows the City also to use it for a revenue source. Mr. van Dan stated that he wondered if the Supreme Court would sustain that. Mr. Knaak stated that it was spelled out very plainly in the Statute. He believed it had been challenged and held up. Ms. Dawn Locker, 6856 Monroe Street, asked if the five monument signs for the City of Fridley has anything to do with the levy. She felt that Fridley was beautiful just as it is. The monument signs are unnecessary. The expenditures have to stop. Councilmember Bolkcom stated that there are six monument signs. Different service organizations have donated money for them. A small portion was being spent by the City for the easements to put the monuments on. Mayor Jorgenson stated that the monuments were a gift to the City of Fridley for the 50�' Anniversary from the service organizations. Mayor Jorgenson stated that the City Council, who the public has elected, makes the decisions and does not turn all of the decisions over to the public. Ms. Locker stated that when the City of Fridley asks the citizens for money, the City should ask citizens before they spend money on places where the_ citizens are not sure they want it. CITY COUNCIL MEETING OF OCTOBER 25 1999 PAGE 10 Mayor Jorgenson stated that Ms. Locker has an opportunity to come and listen to the budget message and to offer comments at that time. The information is presented on cable television, in Focus News, and people can request that they be informed. Mayor Jorgenson stated that at this time, Council needed to move on to the other items in the agenda. She thanked everyone for coming. APPROVAL OF CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1134 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REOUEST, ZOA #99-04, BY BRIAN AND JACQUELINE BONA) (WARD 1Z 2. Mr. Burns, City Manager, explained that the subject property is located at 5333 University Avenue. The rezoning is from R-3, Multi-Family Residential to C-2, General Commercial. The rezoning would allow the construction of an automobile service garage. Council approved the first reading of this ordinance at their meeting on October 11. Staff recommended approval of the second and final reading. APPROVED ORDINANCE NO. 1134. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF OCTOBER 6. 1999: Mr. Burns, City Manager, explained that this was consideration of a motion to receive the Planning Commission meeting minutes of October 6, 1999. RECEIVED PLANNING COMMISSION MEETING MINUTES OF OCTOBER 6,1999. 3. PRELIMINARY PLAT REQUEST, PS #99-05, BY KIM AND GEORGE BATESON AND MARY AND DENNIS PIETRINI. TO DIVIDE PROPERTY INTO FOUR SINGLE-FAMILY LOTS. GENERALLY LOCATED AT 6217 CENTRAL AVENUE N.E. (WARD 2Z Mr. Burns, City Manager, explained that the area being platted is 2.25 acres located along Old Central Avenue just north of Heather Hills on what has commonly been referred to as the Skinner property. The plat includes four large lots that range in size from 19,154 square feet to 32,495 square feet. Access to the plat will be from the existing street (Heather Place). There are no plans to connect this street with Ben Moore Drive to the northeast. Staff asked the petitioner to provide easements along the southern and eastern borders of the plat for future CITY COUNCIL MEETING OF OCTOBER 25 1999 PAGE 11 looping of water and sewer line. The petitioner was also required to have all trees that are to be removed approved by staff. The preliminary plat was approved by the Planning Commission at their October 6 meeting without any objection from any neighbors. Staff recommended Council's approval along with the following eight stipulations: 1) Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties; 2) Petitioner shall provide a 20 foot drainage and utility easement along easterly and southerly property lines of proposed lot 4; 3) Petitioner shall provide a 12 foot drainage and utility easement along the northerly property line of proposed lots 1, 2, 3, and 4; 4) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed; 5) During construction, silt fencing shall be used where applicable; 6) Petitioner to pay $750 per lot park fees prior to issuance of building permits; 7) Petitioner to pay all water and sewer connection fees; and 8) The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by staff prior to issuance of building permits. APPROVED PRELIMINARY PLAT REQUEST, PS #99-05. 4. PRELIMINARY PLAT REOUEST PS #99-06 BY KURT MANUFACTURING COMPANY. TO REPLAT FOR THE PURPOSE OF PURCHASING A PORTION OF THE RAILROAD RIGHT-OF-WAY GENERALLY LOCATED SOUTH OF INTERSTATE 694 AND INDUSTRIAL BOULEVARD AND ASHTON AVENUE (WARD 3Z Mr. Burns, City Manager, explained that Kurt Manufacturing asked to combine 19,631 square feet (.45 acres) they acquired from the Burlington Northern Rail Road with their property at 5280 Main Street. The new property is non-buildable due to the location of water and sewer lines. Kurt's intent was to use the area for parking. The Planning Commission gave their approval to the proposed preliminary plat request at their October 6 meeting. There were no objections raised by neighboring property owners. Staff recommended Council's approval of the request with the following stipulations: 1) Grading and drainage plan to be approved by the City's engineering staff prior to the issuance of any permits for the parking lot; 2) Parking lot to be constructed to City Code standards; 3) Petitioner shall provide a 25 foot drainage and utility easement along easterly property line of proposed Lot 1; 4) Petitioner shall combine this lot with existing property prior to final plat; and 5) Petitioner to pay applicable park dedication fees prior to issuance of any permits. APPROVED PRELIMINARY PLAT REQUEST, PS #99-06. CITY COUNCIL MEETING OF OCTOBER 25,1999 PAGE 12 5. VARIANCE REQUEST, VAR #99-27, BY TOM BRAMA, TO REDUCE THE REQUIRED SIDE YARD SETBACK FOR AN ACCESSORY BUILDING FRON1 FIVE FEET TO THREE FEET TO ALLOW THE CONSTRUCTION OF A GARAGE, GENERALLY LOCATED AT 1284 NORTON AVENUE (WARD 2� Mr. Burns, City Manager, explained that the variance was needed to allow the construction of an eight unit garage structure at the above address. The garages would serve the seven-unit apartment building that Mr. Brama has recently acquired. The garages would be effectively screened from the adjoining Medtronic property to the south by a stand of evergreens. The Appeals Commission considered the item without objection from neighbors at their October 13 meeting. Staff recommended Council's approval, subject to the following stipulations: 1) Petitioner shall obtain any required permits prior to beginning construction; 2) Staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to the issuance of a building permit. APPROVED VARIANCE REQUEST, VAR #99-27. 6. RESOLUTION NO. 84-1999 FOR A LOT SPLIT, LS #99-03. BY THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY, TO SPLIT � THE NORTH 20 FEET OF LOT 29, HYDE PARK ADDITION AND SELL PROPERTY TO THE ADJACENT NEIGHBOR AT 5861 MAIN STREET (�VARD 3Z Mr. Burns, City Manager, stated that the property to be split is located at 5857 Main Street. It was acquired by the Fridley Housing and Redevelopment Authority (HRA) as part of its scattered site acquisition program. By this evening's action the City would be splitting off the northernmost 20 feet of this parcel and selling it to the adjoining property owner at 5861 Main Street. We would also be declaring the property at 5861 Main Street to be a conforming lot in an S-1 district. The lot split allows the HRA to maintain a conforming 60 feet wide lot in S-1 district. At the same time, the attachment of the 20 feet to the neighboring corner property would bring it close enough (63.25 feet) to the required 65 feet for a corner lot in S-1 district to accept it as conforming. The lot split and the declaration of conforming status were approved by the Planning Commission at their October 6 meeting. Staff recommended Council's concurrence. APPROVED RESOLUTION NO. 84-1999. 7. RESOLUTION NO. 85-1999 FOR A VACATION REOUEST, SAV #99-06, BY THE CITY OF FRIDLEY, TO VACATE THAT PORTION OF CHERYL STREET LYING EASTERLY OF THE SOUTHERN CITY COUNCIL MEETING OF OCTOBER 25,1999 PAGE 13 EXTENSION OF THE WESTERLY LINE OF LOT 18 BLOCK L, RIVERVIEW HEIGHTS, ANOKA COUNTY, MINNESOTA (WARD 3): Mr. Burns, City Manager, explained that at the October 11 meeting the City vacated a portion of Cheryl Street adjacent to property owned by Michael and Claudia Geis for purposes of creating an additional buildable lot. Since that time, staff determined that the unbuilt portion of the Cheryl Street right-of-way to the east of Broad Street has no public purpose. Since it was very unlikely that the City would build this portion of Cheryl Street, the City would like to vacate it and allow it to pass to the three adjoining property owners. Staff recommend Council's concurrence. APPROVED RESOLUTION NO. 85-1999. 8. RESOLUTION NO. 86-1999 CERTIFYING DELINQUENT UTILITIES: Mr. Burns, City Manager, explained that this resolution applies to approximately 333 utility accounts. The combined amount owed is $232,121.33, including penalties. Prior to this evening, staff notified all property owners of the City's intent to place the bills on their property taxes. Staff had also given them adequate time to respond. After this evening's action, the debtors will have thirty days to pay before the delinquent amounts and penalties are certified to the County. Staff recommended Council's approval. APPROVED RESOLUTION NO. 86-1999. 9. APPROVE AGREEMENT BETWEEN THE CITY OF FRILDEY AND THE CITY OF HILLTOP FOR FIRE PROTECTION SERVICES: Mr. Burns, City Manager, stated that the contract was a two-year contract for services beginning on January 1, 2000. The terms and conditions are the same as those contained in our existing contract that will expire at the end of this year, with one exception. It allows the City to charge a$260 fee for reimbursement of an assisting fire department at a Hilltop incident. Staff believed that with this exception, our existing fee structure would cover our costs for fire response to Hilltop. Staff recommended Council's approval. APPROVED AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CITY OF HILLTOP FOR FIRE PROTECTION SERVICES. 10. MOTION TO AWARD BID FOR IMAGING AND DOCUMENT MANAGEMENT SYSTEM: Mr. Burns, City Manager, stated that after extensive research, staff solicited requests for proposals for an imaging and document management system. This is computer software that would enable staff to research all City computer files CITY COUNCIL MEETING OF OCTOBER 25 1999 PAGE 14 using a key word or phrase to retrieve relevant information. After considering four proposals, staff recommended that the contract be awarded to AMI Imaging systems, Inc., in the amount of $97,372. AWARDED BID FOR IMAGING AND DOCUMENT MANAGEMENT SYSTEM. 11. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that staff recommended the appointment of Jeana Allen to the position of Public Works Secretary. Jeana has been employed by the City for the past two years in the position of Accounting/Data Processing Clerk. Before coming to Fridley, she worked for Edgecomb Metals for 17 %2 years. In addition to being a very good employee, Jeana is a Fridley resident and a graduate of Fridley High School. Staff believed that Jeana would fit in well at the Public Works Municipal Garage. Staff recommended Council's approval. APPOINTED JEANA ALLEN TO THE POSITION OF PUBLIC WORKS SECRETARY. 12. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 89838 THROUGH 99794. 13. LICENSES: APPROVED LICENSES AS ON FILE WITH THE LICENSE CLERK. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING OF OCTOBER 25. 1999 PAGE 15 OPEN FORUNI. VISITORS: Mayor Jorgenson stated that this was the time for anyone to address any issues not listed on the agenda. Ms. Mary Rogers, 6111 Star Lane, Apartment #3, stated that the new winter parking policy for her apartment complex was something that was not considered carefully. She asked what the apartment tenants should do with their cars from 2:00 a.m. to 6:00 a.m. when they have to remove the cars from the street lot for snow removal. She felt the policy was very unfair. When the parking lot and building were built, most people only had one car, but now this was not the case any more. There are three people in her family who work and have a car. Mayor Jorgenson stated that the Council took a look at the number of apartment buildings. Ms. Rogers was correct in saying that most were built when most people had one vehicle. Things have changed since the time the ordinance was passed. Staff needs to be able to efficiently remove snow. The City has been having great difficulty removing snow because residents do not remove their cars from the street even during the day hours. This is one of the hard decisions Council had to make to stay within the budget. Ms. Rogers stated that when her apartment manager called the City for more information, he could not get a return telephone call from the Councilmember until the ordinance was passed. There is a space in the back of the apartment building for parking, but it only accommodates less than a third of the vehicles that belong there. The landlord has stated that he has been talking to the City about this. He was told the City was not going to be tagging until after January 1, 2000. Mayor Jorgenson stated that the City tries to get the streets plowed curb to curb within 24 hours of a snowfall. There has been much difficulty in getting people to move their vehicles. Ms. Rogers stated that she has always been responsible in trying to move her car in time. Councilmember Barnette asked Mr. Hickok if the vacation of the easement near her apartment would help. Mr. Hickok, Planning Coordinator, stated that the vacation would allow them to have some flexibility on their property to do some other site planning, but it was not part of the package at this time. Mr. Flora, Public Works Director, stated that over the last couple of years, the City took traffic surveys of the cars on the streets in the winter. They found around 200 vehicles on the street. A public hearing on the ordinance was held, the City published two readings in the newspaper, and the ordinance was adopted after two presentations to Council. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 16 Councilmember Bolkcom stated that sometimes she has seen in the winter that the parking lot was empty so the apartment owner could plow the parking lot leaving people parking on the street. She gets a lot of telephone calls from people asking her if there is something she could do about people parking on the street. The landlords need to be involved in trying to work something out with the apartment tenants and the City as well. Ms. Rogers stated that her landlord has parking on both sides. All of the parking is being taken already. Mayor Jorgenson stated that this needed to be addressed. She encouraged the Public Safety Department and the Public Works Department to work with the Rental Coalition. Mr. Flora gave Ms. Rogers his card so she and her landlord could contact him to work out some options. Mr. Burns stated that Ms. Rogers raised a good point. The City should try to work with the Chamber of Commerce to try to find a solution. Mayor Jorgenson stated that the Community Development Department should be involved as well, because they are the ones who are going to have to enforce the parking situation. Ms. Rogers thanked Council. 14. CONTINUATION OF THE PUBLIC HEARING ON THE ASSESSEMNT FOR THE 1999 WEED ABATEMENT (TABLED OCOTOBER 11. 1999Z MOTION by Councilmember Bolkcom to remove this item from the table and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:57 P.M. MOTION by Councilmember Bolkcom to receive a letter from Mr. Maynard Nielsen, dated October 17. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, stated that since the October 11 public hearing, three properties have paid their weed assessment. This is the assessment for those properties that were in violation of the Section 1 of the City Code. Mr. Hickok, Planning Coordinator, stated that at the last opportunity to hear this issue, there were some questions about some properties. Mr. Nielsen's property at 61S` through CITY COUNCIL MEETING OF OCTOBER 25 1999 PAGE 17 62"d Way at Ashton and East River Road, had questions about how he was charged for the assessment. Mr. Nielsen had the largest amount being assessed. Mr. Nielsen was charged for the size and complexity of his entire fields. He was not charged according to tax parcel number. At the last meeting, there was a belief that because Mr. Nielsen had eleven properties, he may have been charged on a per parcel basis. That was not correct. When the Finance Department assigns the values to be assessed they attach those to the property identifications. Mr. Hickok continued by saying that in this case, there were two parcels that needed to be mowed. The mower mows accordingly. The charge is based solely on the job, not the number of parcels. The mower did not know there were eleven individual parcels in these properties. There was also a question about 52"d Avenue. Mr. Paul Johnson owns property by Cheapo Records. After talking with the City's contractor and reviewing the amounts charged, the conclusion was that Mr. Johnson would have been charged $76 per lot. At the last meeting there was question regarding whether Cheapo Records' S0-foot lot has been mowed along with Mr. Johnson's neighboring lot and assessed to Mr. Johnson. With or without the Cheapo Records property, Mr. Johnson would have been billed $76. The size and maintenance of Cheapo Records' lot had no effect me on Mr. Johnson's amount due. There is a chart in Council's packet which contains the information about the other properties and to address their assessments. Mayor Jorgenson stated that questions have been raised about an additional letter notification that these properties would be put on a regular maintenance schedule. Mr. Hickok stated that the folks were notified one time that their property would be mowed if they were not maintained. They were not notified on a reoccurring basis. They received a notice and then were put on a schedule to be mowed along with the City lots. Mayor Jorgenson asked Mr. Knaak for clarification as to the specificity's of the legal notice sent to the property owners. Mr. Knaak stated that it was his conclusion, based on the correspondence, that there was sufficient notice for the City to go forward and do what the City did. He suggests that the City specify in the ordinance that it is a possibility that the City would put the property on a maintenance schedule. There is a possibility that there could be an ambiguity in the way that the ordinance was drafted. Councilmember Bolkcom asked Mr. Hickok to clarify the history of the properties. Mr. Hickok stated that they have been mowed more than once by the City in the past. The majority of the properties have been problem properties. This year the City took a stance and made a point that the owners either take care of their own property or it would be taken care of by the City. CITY COUNCIL MEETING OF OCTOBER 25.1999 PAGE 18 Councilmember Bolkcom stated that the goal in reality is that the property owners take care of their properties. The City would rather have the property owners do it on their own. Mr. Hickok stated that was correct. Councilmember Barnette stated that particularly on the Nielsen property he felt that Mr. Nielsen's lot did not grow that fast. $4,000 and nine times mowing is excessive. Mayor Jorgenson stated that the other lots that were put on the same maintenance schedule were also mowed the same number of times. The cost is based on the amount of material that was mowed and the length of time it took to mow it. If it was unfair for one person, then it was unfair for all. Councilmember Barnette stated that he agreed with that, but he was looking at the total amount. He would like to know how long it took to cut Mr. Nielsen's property. Councilmember Wolfe asked Mr. Hickok how short the contractor cut the property. He cuts his weeds along his fence twice a year and it does not get above ten inches. If the properties are on a regular schedule, they are probably cutting it before it gets to ten inches. Mayor Jorgenson stated that that was probable. Councilmember Wolfe stated that if they are cutting lots every two weeks and the grass does not get to ten inches in that time, four of those cuttings were probably unnecessary. He agreed with Councilmember Barnette that it may have been cut five extra times, and that it may look bad, but according to the City Code it was not in violation if it is not up to ten inches. Councilmember Bolkcom stated that this is a continual problem year after year for some of these properties. If you are living near this property, the value of your property is decreased. When people drive down the street and see these properties it still does not look good. She agrees that next year they should be more detailed when they send that first letter to state that the property would be put on a regular mowing schedule. Councilmember Wolfe stated that he agreed partly with Councilmember Bolkcom, but he felt that if the grass is not ten inches it should not be cut. Mr. Flora stated that when they cut the corridor, the length varies from three to six inches. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Council-member Wolfe. CITY COUNCIL MEETING OF OCTOBER 25 1999 PAGE 19 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:17 P.M. OLD BUSINESS: 15. RESOLUTION NO. 87-1999 ADOPTING ASSESSMENT FOR 1999 WEED ABATEMENT (TABLED OCTOBER 1 1999)• MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to adopt the resolution adopting assessment for 1999 Weed Abatement. Seconded by Councilmember Billings. Councilmember Billings asked Councilmembers Barnette and Wolfe if they are prepared to propose that the amounts be reduced. Councilmember Barnette stated that he was not going to propose that, but he was going to � vote his disapproval. If the money was reduced, he does not know where the money to pay the contractor would come from. Councilmember Bolkcom asked Councilmember Barnette if he was proposing that Council adopt some new way of monitoring and mowing the properties. Councilmember Barnette stated that they have to do a better job of letting people know each time. The letter should state that their properties will be put on a two-week mowing schedule and what the cost will be. If the property owners do not maintain their property then they really do not have an excuse. Mayor Jorgenson stated that she felt the property owners do need clarification on how to deal with this in the future. Councilmember Bolkcom stated that after the property was mowed the first time someone could have made contact because there was a telephone number on the letter. Mr. Paul Johnson, owner of property at 52nd Avenue and Central Avenue, asked Mr. Hickok when his property was mowed last. Mr. Hickok stated that he did not have that number available, but he estimated the last time was the last week in September or the first week in October. CITY COUNCIL MEETING OF OCTOBER 25,1999 PAGE 20 Mr. Johnson showed pictures of his property and Cheapo Records' property. He stated that he mowed the property today as low as he could cut it. He could not find anything that was over eight inches. He believed that every two weeks was too often. He did not know that his property was put on a regular maintenance schedule. He was going to mow the lawn when it got to ten inches, but it never got a chance to get up to ten inches. Mayor Jorgenson stated that most of the grass is dormant at this stage. To compare grass in October to what the grass was in the summer is no comparison. She stated that Mr. Johnson's property was not charged for the Cheapo Records lot. Councilmember Bolkcom stated that Mr. Johnson has had a history of non-compliance since 1994. Mr. Johnson stated that he has had health problems, and the City should give more adequate notice. Mayor Jorgenson stated that she has addressed the issue as to whether or not legal notice was provided to the property owners that their land was going to be maintained. Mr. Knaak stated that the existence of the requirements of the ordinance are public notice. The fact that people do not make a habit of reading City ordinances is a reality. The public is expected to know what ordinance requirements are. The City provided - additional noti�'ication by way of letter. The basic ordinance has a certain size the grass needs to be and allows the City to maintain it. Mr. Johnson stated that the grass will not be ten inches high two weeks after it is first cut. UPON A VOICE VOTE, TAKEN ON THE ABOVE MOTION, COUNCILMEMBER BOLKCOM, COUNCILMEMBER BILLINGS, AND MAYOR JORGENSON VOTED IN FAVOR OF THE MOTION. COUNCILMEMBER WOLFE AND COUNCILMEMBER BARNETTE VOTED NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED THREE TO TWO. Mayor Jorgenson stated that they have already discussed item numbers 16, 17, and 18, so they continued to item number 19. 19. INFORMAL STATUS REPORTS: Mayor Jorgenson asked the remaining members of the audience if they were there for a particular item. They stated that they were watching government in action for the students they were with for a school project. CITY COUNCIL MEETING OF OCTOBER 25 1999 PAGE 21 Mayor Jorgenson stated that Springbrook Nature Center would be holding their Halloween event this Saturday. Fridley will be having their own haunted house at the fire training tower facility by Columbia Arena. The cost is minimal, and she encouraged people to make alternate Halloween activities for this year. For further information. people can call the Municipal Center at 571-3450 and ask for the Recreation Department. Mr. Burns stated that he has three items to talk with the Council about after the meeting regarding the liquor store, the Fridley `49er Days celebration, and improvements for the front of the Municipal Center. Mr. Pribyl stated that the construction completion date for the liquor store is estimated at November 4. The store will probably open a few weeks after that. A grand-opening Thanksgiving sale is planned. Mayor Jorgenson stated that the public access channel will not be televising the items that were discussed in tonight's meeting due to the playoffs for the Fridley/Totino Grace football game. Councilmember Barnette stated that the game was in Fridley, and he is the announcer. ADJOURNMENT: MOTION by Councilmember Bolkcom to adjourn the October 25, 1999 City Council Meeting at 9:42 p.m. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED AT 9:42 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 20, 1999 CALL TO ORDER: Chairperson Savage called the October 20, 1999, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Diane Savage, LeRoy Oquist, Brad Sielaff, Larry Kuechle Members Absent: Dave Kondrick, Dean Saba, Connie Modig, Others Present: Scott Hickok, Planning Coordinator Tedd Mattke, Mattke Engineering Stephanie Barton, Wal-Mart Marc Rice, 6111 Star Lane Vernon Lindberg, 6140 and 6144 Star Lane APPROVAL OF OCTOBER 6. 1999 PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Kuechle, to approve the October 6, 1999, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT SP #99- 11. BY TED MATrKE MATTKE ENGINEERING INC FOR WAL-MART STORES INC.: For a proposed addition to the outdoor garden center, generally located at 8450 University Avenue N.E. MOTION by Mr. Kuechle, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRlED AND THE PUBLIC HEARING OPEN AT 7:34 P.M. Mr. Hickok stated the petitioner is requesting to expand an outdoor garden center by 618 square feet and construct a 4,555 square foot seasonal shop_ which will accommodate the overflow of the garden center during peak season and carry seasonal items during the remainder of the year. The code allows garden centers as a special use. 1 PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE 2 Mr. Hickok stated the property is located to the west of University Avenue and to the south of 85`� Avenue. The store was built in 1992. In 1992, a special use permit was granted for the first garden center. In 1994, a request for a garden expansion came through the process. At that time, the original garden center was not meeting Wal- Mart's needs, and they had asked to expand into the parking lot and the front sidewalk. As a result, the special use permit was granted. Mr. Hickok stated the current garden center is located to the east of the existing building. The garden center was designed to be architecturally compatible with the original structure. The proposed expansion is designed to also be compatible with the existing structure. The expansion would be added to the front of the building at the northeast corner, and would connect the existing building and garden center using an architectural treatment that would continue the current design. Mr. Hickok stated staff recommends approval of the special use permit with the following stipulations: 1. All building permits shall be obtained prior to start of construction. 2. City reserves the right to require additional parking, at the code required 1:150 ratio, should demand warrant it at any time in the future. 3. Parking islands displaced by the expansion shall be relocated as indicated on the site plan submitted by Mattke Engineering dated 8/13/99. 4. No garden sales shall occur in the parking lot. � 5. No products for sale may be displayed on the sidewalk. 6. There shall be no outside storage of chemical fertilizers, pesticides, or herbicides. 7. Bulk items shall be screened from the public right-of-way. 8. Proposed expansion shall be constructed of the same materials as, and be architecturally consistent with, the existing building. 9. SP #99-11 shall replace SP #92-07 and SP #94-14. Ms. Savage asked if staff had received any comments regarding this request. Mr. Hickok stated staff had received no comments. Mr. Sielaff asked how the need for additional parking is determined. Mr. Hickok stated the need is determined through staff observations. Parking space now exceeds demand even at peak times. Mr. Oquist asked if it was correct that 12 parking stalls would be eliminated. Mr. Hickok stated this was correct. Mr. Mattke stated he had no additional comments. Mr. Savage asked if the petitioner had any problems with the stipulations. � PLANNING COMti11SSION MEETING, OCTOBER 20, 1999 PAGE 3 Mr. Mattke stated the stipulations seem reasonable. They have not received any comments regarding the request. MOTION by Mr. Sielaff, seconded by Mr. Kuechle, to ciose the pubiic hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAiRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:43 P.M. Mr. Oquist stated the request seems straightforward and is covered with the stipulations. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to recommend approval of Special Use Permit, SP #99-11, by Ted Mattke, Mattke Engineering, Inc., for Wal-Mart Stores Inc., for a proposed addition to the outdoor garden center, generally located at 8450 University Avenue, with the following stipulations: 1. All building permits shall be obtained prior to start of construction. 2. City reserves the right to require additional parking, at the code required 1:150 ratio, should demand warrant it at any time in the future. 3. Parking islands displaced by the expansion shall be relocated as indicated on the site plan submitted by Mattke Engineering, dated 8/13/99. 4. No garden sales shall occur in the parking lot. 5. No products for sale may be displayed on the sidewalk. 6. There shall be no outside storage of chemical fertilizers, pesticides, or herbicides. 7. Bulk items shall be screened from the public right-of-way. 8. Proposed expansion shall be constructed of the same materials as, and be architecturally consistent with, the existing building. 9. SP #99-11 shall replace SP #92-07 and SP #94-14. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated the City Council would consider this request on November 8. 2. PUBLIC HEARING: CONSIDERATION OF A VACATION SAV #99-05 BY MARC RICE: To vacate that portion of Star Lane for the purpose of tenant parking, generally located at Star Lane. MOTION by Mr. Slelaff, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:44 P.M. Mr. Hickok stated the petitioner is requesting to vacate a portion of the University Avenue service road right-of-way not used by the general public and to use this space as off-street parking for his tenants. Because the City owns the subject area and has 3 PLANNING COtitMISSION MEETING, OCTOBER 20, 1999 PAGE 4 fee title, the City Councii will also have to approve the sale of the excess property ordinance to convey it to the petitioner. Mr. Hickok stated the area of the service road to be vacated is at the northwest quadrant of 6151 Avenue N.E. and University Avenue. At one time, the service drive was intended to go along University Avenue and connect at 61St. From our modern day standards, connecting a right-of-way that close to a major intersection is not a good idea. For many years, this has not been used as a public right-of-way. Mr. Hickok stated the road was platted in 1952 as part of the Sylvan Hills Addition. In 1962, the apartment building was constructed. Mr. Hickok stated that due to the fact that this is a stub street that ends in the apartment parking lot; it is not possible to put a street through to 615t; tenants have been using the stub street as their private parking area for a number of years, and a"snowbird" ordinance would not allow the tenants to park in this area if it were a public street, staff recommends approval of the request with the following stipulations: 1. City staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Council granting the street vacation. 2. The petitioner shall enclose the dumpster and recycling container by November 1, 2000. 3. The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. Mr. Kuechle asked if the City has been maintaining that part of the roadway. Mr. Hickok stated the City has done snow removal. In the recent past, some patchwork has been done to that segment of the roadway. At that time, the Public Works staff asked if that repair was necessary. The Public Works staff is in support of the request. Mr. Rice gave a history of how this request came about. Last spring, there was a pothole on the street, and he called the Public Works Department to fix the pothole. When he said it was not his property, Public Works staff called back and stated it was not under the City's jurisdiction. Upon further checking, he met with the Public Works staff. At that time, they asked if Mr. Rice would like this piece of land. He did not do anything for several months. Then he was made aware of the parking ordinance. The building was constructed in 1962. At that time, they had one stall for each apartment. Now each apartment has two cars. He knew he had to do something about the parking situation, and that is why he is here today. Mr. Rice stated he has cleaned up the garbage on that part of the street, he has been mowing there, and his brother has been doing the snowplowing. The street is a one- way street. To get to the street, you must go through the building's parking lot. The parking lot is for tenants only. The street is of no purpose to the City. The tenants would also appreciate the extra parking. The petition is not only for himself but for the tenants. � PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE � Ms. Savage asked if the petitioner had any problems with the stipulations. Mr. Rice stated the only question he has is regarding the enclosure for the dumpster. The dumpster is already enclosed. This must refer to the recycling bins. He will work with staff to find out what he would need to do. Mr. Lindberg stated he has no objection to the proposal. It is a good idea. It seems like a coincidence that this came up about the same time he heard there was going to be an ordinance about on-street parking or overnight parking, which he does oppose. He came to see if there was a connection. Is there an ordinance for on-street parking? Mr. Hickok stated, yes, there is a"snowbird" ordinance. Mr. Lindberg stated he now lives in New Brighton and they have an overnight parking ordinance. He had friends stay overnight, they parked in front of his house, and they were ticketed. He has no problem with getting the cars off the street for snow plowing. It is those residents who have small lots who will be hurt by this. He does support the vacation request. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. - MOTION by Mr. Sielaff, seconded by Mr. Oquist, to recommend approval of Vacation, SAV #99-05, by Marc Rose, to vacate that portion of Star Lane for the purpose of tenant parking, generatly located at Star Lane, with the following stipulations: 1. City staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Council granting the street vacation. 2. The petitioner shall enclose the dumpster and recycling container by November 1, 2000. 3. The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated the City Council would consider this request on November 8. 3. RECEIVE THE MINUTES OF THE SEPTEMBER 2, 1999, HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Kuechle, seconded by Mr. Sielaff, to receive the minutes of the September 2, 1999, Housing and Redevelopment Authority meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5 PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE 6 4. RECEIVE THE MINUTES OF THE SEPTEMBER 9, 1999, HUMAN RESOURCE COMMISSION MEETING: MOTION by Mr. Oquist, seconded by Mr. Kuechle, to receive the minutes of the September 9, 1999, Human Resource Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE SEPTEMBER 13, 1999, PARKS & RECREATION COMMISSION MEETING: MOTION by Mr. Sielaff, seconded by Mr. Kuechle, to receive the minutes of the September 13, 1999, Parks & Recreation Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE SEPTEMBER 21, 1999. ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Mr. Sielaff, seconded by Mr. Oquist, to receive the minutes of the September 21, 1999, Environmental Quality & Energy Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: 7. APPROVE THE 2000 PLANNING COMMISSION MEETING DATES: MOTION by Mr. Kuechle, seconded by Mr. Oquist, to approve the meeting dates for the year 2000 as follows: January 5 January 19 February 2 February 16 March 1 March 15 April 5 April 19 May 3 May 17 June 7 June 21 � July 5 July 19 August 2 August 16 September 6 September 20 October 4 October 18 November 1 November 15 December 6 December 20 PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. UPDATE ON CITY COUNCIL ACTIONS: Mr. Hickok provided an update on City Councii actions. 9. RESIGNATION OF LAVONN COOPER: Mr. Hickok thanked Lavonn Cooper for her many years of wonderful service and stated that since 1985, citizens, staff, various commissions, and the City Council have had the benefit of Lavonn's excellent recording of minutes. Changes in Lavonn's work schedule have caused her to make alterations in her schedule which would not allow her to continue as recording secretary. The Commission members individually thanked Lavonn and wished her well. ADJOURNMENT: MOTION by Mr. Sielaff, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE OCTOBER 20, 1999, PLANNING COMMISSION ' MEETING ADJOURNED AT 7:57 P.M. Respectfully submitted, �L^-Z/�,.�J � Lavonn Cooper � Recording Secretary � : AGENDQ ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 1999 Cfl'Y OF FRIDLEY Date: 11 /01 /99 � To: William Bums, City Manager �(� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission action on SP #99-11 M-99-270 INTRODUCTION � WalMart is seeking to expand their outdoor garden center by 618 sq. ft. and construct a 4,556 sq. ft. seasonal shop addition that will accommodate the overflow from the garden center during the peak season and carry seasonal items the remainder of the year. The petitioner has indicated that the "seasonal shop" assists in a better distribution of parking. The convenience of the shop will allow for faster turnaround of the parking stalls. The current parking lot has 771 parking stalls. This addition and relocation of parking islands will result in the loss of twelve parking stalls, leaving a total of 759 parking stalls. While the building does not meet the strict retail parking requirements of 1 stall / 150 sq. ft. of floor area (808 parking spaces), it does exceed the speculative / multi-use building parking requirements of 1 stall / 200 sq. ft. (606 parking spaces). Staff's obse►vation has been that WalMart currently has more than adequate parking. In addition, WalMart does have enough land available to develop additional parking stalls if the City ever deems it necessary. PLANNING COMMISSION ACTION At the October 20, 1999 Planning Commission meeting, a public hearing was held for SP #99-11. After a brief discussion, the Planning Commission endorsed staff's recommendation for approval. A motion was made to recommend approval of special use permit, SP #99-11, with the following stipulations: 1. All building permits be obtained prior to start of construction. 2. City reserves the right to require additional parking, at the code required 1/150 ratio, should demand warrant it at any time in the future. 3. Parking islands displaced by the expansion shall be relocated as indicated on the site plan submitted by Mattke Engineering, dated 8/13/99. 4. No garden sales shall occur in the parking lot. 5. No products for sale may be displayed on the sidewalk. 6. There shall be no outside storage of chemical fertilizers, pesticides, or herbicides. 7. Bulk items shall be screened from the public right-of-way. 8. Proposed expansion shall be constructed of the same materials as, and be architecturally consistent with existing building. 9. SP #99-11 shall replace SP #92-07 and SP #94-14. THE MOTION CARRIED UNANIMOUSLY. : PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and grant the proposed Special Use Permit, SP #99-11, with the stipulations as presented. � � City of Fridley Land Use Application SP-99-11 October 20, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Wa1Mart Stores Inc. 8450 University Avenue Fridley, MN 55432 Requested Action: Special Use Pernut Ptupose: Outdoor garden center and seasonal shop expansion. Existinng Zoning: C-2 (General Business) L,ocation: 8450 University Avenue Size: 908,553 sq. ft. 20.9 acres Existing Land Use: WalMart Store Surrounding Land Use & Zoning: N: Coon Rapids E: University Ave. & G2 S: Apartments & R-3 W: SB Nature Center & P Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sections 205.14.O1.C.(13) requires a garden center to obtain a special use pemut. Zoning History: 1992 - Lot platted 1992 - Wa1Mart Store is built 1992 - SP# 92-07 for garden center 1994 - SP#94-14 garden center exp. 1996 - Alterations done for McDonalds Legal Description of Property: Lot l, Block 1 Walinart Addn. Public Utilities: E�sting store is connected. Transportation: University Avenue service road provides vehicle access to the site. Physical Characteristics: Lot contains the existing store, parking lot, and landscaping. SUNIMARY OF PROJECT Wa1Mart is seeking to expand their outdoor garden center by 618 sq. ft. and construct a 4,556 sq. ft. seasonal shop addition that will accommodate the overflow from the garden center during the peak season and cazry seasonal items the remainder of the year. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. The additional square footage does not appear to have any negative impacts upon parking. CITY COUNC'II, ACTION ATnvamhar R 1 QQQ 10 (Location of proposed expansion.) Staff Report Prepazed by: Paul Bolin STAFF REPORT SP #99-11 REQUEST Wal requesting a special use permit to allow the construction of a garden center expansion and "seasonal shop" addition to their existing store. The property, located at 8450 University Avenue, has been used as a WalMart retail store since 1992. The main purpose of this expansion is to construct a"seasonal shop" which will be connected to the existing garden center and the existing store, yet have a direct entrance from the parking lot. The "seasonal shop", which is approximately 4,556 square feet, will be used to accommodate the overflow of garden center materials during the peak season and materials not suited to exposure during the off-season. The "seasonal shop" will be used to sell seasonal merchandise during the various holiday seasons. Having a direct entrance from the parking lot will allow customers, wishing to just purchase seasonal items, an opportunity to quickly and conveniently obtain these items. The petitioner has indicated that the "seasonal shop" assists in a better distribution of parking. The convenience of the shop will allow for faster tumaround of the parking stalls. The cur�ent parking lot has 771 parking stalls. This addition and relocation of parking islands will result in the loss of twelve parking stalls, leaving a total of 759 parking stalls. While the building does not meet the strict retail parking requirements of 1 stall / 150 sq. ft. of floor area (808 parking spaces), it does exceed the speculative / multi-use building parking requirements of 1 stall / 200 sq. ft. (606 parking spaces). Staff's obsenration has been that WalMart currently has more than adequate parking. In addition, WalMart does have enough land available to develop additional parking stalls if the City ever deems it necessary. HISTORY The WalMart store was originally constructed in 1992. Special use permits were granted for the construction of the garden center in 1992 and an expansion of the garden center in 1994. The granting of this special use permit, SP #99-11 will replace the existing special use permits, SP #92- 07 and SP #94-14. All applicable stipulations from the previous special use permits have been included in the stipulations for SP #99-11. RECOMMENDATION City Staff recommends approval of this specia/ use permit, with stipulations. Garden centers are a permitted special use in the C-2 zoning district and the proposed expansion, with stipulations, complies with the requirements for the special use permit. STIPULATIONS Staff recommends the Planning Commission approve the special use permit subject to the following stipulations: 1. All building permits be obtained prior to start of construction. 2. City reserves the right to require additional parking, at the code required 1/150 ratio, should demand warrant it at any time in the future. 3. Parking islands displaced by the expansion shall be relocated as indicated on the site plan submitted by Mattke Engineering, dated 8/13/99. 4. No garden sales shall occur in the parking lot. 5. No products for sale may be displayed on the sidewalk. 6. There shall be no outside storage of chemical fertilizers, pesticides, or herbicides. 7. Bulk items shall be screened from the public right-of-way. 8. Proposed expansion shall be constructed of the same materials as, and be architecturally consistent with existing building. 9. SP #99-11 shall replace SP #92-07 and SP #94-14. 11 � � � « r�x r�do �Onm r'� aD U � O 01 � 0 U q 3 m Z t0 �� 01 's�\ d � � M � Mp N � M�O n X 0D � � � � � � . , , � � �� 0 M x ��o coi� m r� lD U � �o r � M p c�i[in M�O X LL � � � � �nc� � a0r _ ,,; � � cD � � \ \ � � � co n � � 61a � c � 0 � v v Q a O r � v c 0 a� v u N � N t0 � � � O O � n ao � v c O � �U 0 � o� �� I �P �tie Ge Y � � o�? 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E. lOth STREET * gENTONVILLE, AR 72712-6489 * 501-204-0026 October 6, 1999 Mr. Paul Bolin Re: Wal*Mart Store #1952 — Fridley, MN Garden Center Expansion/Seasonal Box Addition Dear Mr. Bolin: VIA FACSII�IILE 612-571-1287 The subject store has been selected for the 1999 Seasonal Shop Program as an unportant part of our continuing efforts to improve customer satisfaction and enhance market share. At this particular location we would like to expand the garden center and add a seasonal box to accommodate our high amount of seasonal merchandise sales. The seasonal box addition will consist of 4,556 square feet of store space attached to the cucrent building. The seasonal box is used to accommodate the overflow of garden center materials during the peak season and materials not suited to exposure during the off-season. The seasonal box is also used as a convenient access by our customers to other seasonal merchandise, such as candy and related gifts during Valentine season; Easter baskets, candy and gifts during Easter season; and wrapping paper and other Christmas merchandise during the C1�ristmas season. The seasonal box is accessible from the pazking area, the gazden center area and the store building for convenience. This allows customers looking for specialty items to purchase them from the seasonal area, as this` area includes checkout locations. Customers may also purchase items from the garden center or the store itself and check out through the seasonal azea, reducing time spent in checkout lines at main store entrance and enabling smooth customer flow. The seasonal box assists in a better distribution of parking. Although the parking area in front of the seasonal box addition will be reduced by 6 spaces, it will not significantly impact the store's parking ratio. The current number of spaces provided is 787 and the number of spaces provided after the addition will be 781. The current puking ratio is 6.7 spaces per 1,000 square feet of building area and will be 6.4 spaces per 1,000 square feet after the addition, well within the required guidelines. Customers may enter the store and/or garden center areas from the seasonal box areas, thus drawing traffic away from the main entrance and allowing customers purchasing seasonal items to park closer to the seasonal shopping area. This redistribution of customer vehicles will ensure a smooth traffic flow throughout the parking area. Customers accessing the seasonal area from their vehicles will not travel through the main store, thus avoiding busy areas and saving time. The seasonal box addition will benefit customers by making their shopping experience more convenient and making seasonal items more easily accessible. If you should have any questions, please contact me at (501) 204-0026. Thank you for your attention to this matter. Sincerely, Annette M. Cogdill Realty Manager/Special Projects cc: Stepharue Barton, Store Manager Via Facsimile 612-780-9632 D:�faxsr\fazq�ATCHi 841944697-1. doc 10/6/99 15 c�� 5 s � �� l y ,.is> " " ? � Ssr,� September 10, 1999 City of Fridley Community Development Department Attention: NIr. Paul Bolin 6431 University Avenue Fridley, MN 55432 Re: Wal-Mart Expansion-Fridley, MN Dear Mr. Bolin: WEIS BUILDERS, INC 8009 34th Avenue South Minneapolis, MN 55425-1625 Telephone: 612-858-9999 Fax: 612-858-9884 Via Facsimile & US Mail (612)571-1287 Thank you for discussing with me the status of the planning and zoning for the Wa1 Mart expa.nsion in Fridley, MN. Per our conversation, it is my understanding that the following information is correct: • The Community Development Department requires that the applicant submit a written narrative describing the addition by September 24, 1999. • If the applicant provides the Community Development Department the written narrative by September 24, 1999, the application will be presented to the Planning Commission on October 6, 1999, and City Council on October 25, 1999. • If the City Council approves the addition on October 25, 1999, the Planning Department will issue the Conditional Use Permit on October 26, 1999. • The Conditional Use Pernut is a zoning permit only. The applicant will be required to obtain a building permit from the City of Fridley Building Department. If this information is inaccurate please notify me in writing by September 17, 1999. Please contact me if you have any questions regarding this conespondence or project at (612)858-9999. Sincerely, WEIS BLTILDERS,INC. eff Melby Entitlement Manager cc: Robert Albright/Wal-Mart Brian Cartier/Weis Builders Erik WeislWeis Builders File/City of Fridley EQUAL OPPORTUNITY EMPLOYER/CONTRACTOR 16 BUILDING RELATIONSHIPS SINCE 1939 i August 13, 1999 City of Fridley Mattke Engineering, Inc. 7671 Central Ave. N.E. • Fridley, MN 55432 •(612) 783-0300 re: Wal-Mart Garden Center Expansion -- Special Use Pernut Application Dear Staff, Planning Commission, and Council: This accompanies the special use permit application in support of such, along with the attached site plan, building plans and specifications, a check for $400.00, and an overall site plan as requested by staff, as well as reductions. Regarding the application submission checklist, several items are not considered applicable by the applicant: 1. The parking lot has 771 parking stalls presently, while 12 stalls will be lost to the expansion. Based on present usage, the applicant does not believed it necessary to create additional parking area at this time. It should be noted that additional parking stalls could be created simply by restriping at 9' width (presently the stalls are over 9 feet in width), resulting in 840 stalls. It ' should be noted that additional parking could also be created in the northeast corner of the site in the area set aside for such future parking lot expansion. 2. We aze not planning a parking lot expansion, however the islands moved will be restored to the existing landscaping. 3. As the impervious surface area and drainage plan will not be significantly changing from present, a separate drainage plan, and stormwater calculations are not believed necessary. 4. As the site disturbance will be limited to removal and replacement of a limited amount of on-site pavement and existing class 5 aggregate will remain in-place, an erosion control plan is not believed necessary. 5. As no additional outside utilities aze required, a utility map is not believed necessary. Wal-Mart would like to complete the project before Christmas, so anything you can do to facilitate this schedule would be appreciated. If you have any questions, or require additional information, please give me a call. Sincerely �� Tedd W. Mattke, P.E., #15612 • Residential & Commercial Development Hydrology • Wate� j�sources • Municipal 7! / a CfiY OF FRIDLEY Date: To: From: RE: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 1999 � 11 /02/99 William Bums, City Manager � � Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner Planning Commission action on SAV #99-05 M-99-271 INTRODUCTION The petitioner is seeking to vacate a portion of the University Avenue service road right-of-way, not used by the general public, and use it as off-street parking for his tenants. Marc Rice owns the 18-unit apartment building located at 6111 Star Lane. The portion of the service drive to be vacated is a dead end that adjoins the apartment parking lot. MnDOT transferred ownership of this portion of the right-of-way to the City in the early 1960's when University Avenue was under construction. PLANNING COMMISSION ACTION At the October 20, 1999 Planning Commission meeting, a public hearing was held for SAV #99-05. The Planning Commission unanimously recommended approval with stipulations. After brief discussion, a motion was made and seconded to recommend approval of the street vacation request, SAV #99-05 with stipulations. The motion carried unanimously. STAFF RECOMMENDATIONS FOR SAV #99-05 Cify Staff recommends concurrence with the Planning Commission and approval of street vacation resolufion, with the following stipulations. 1. City Staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Gouncil granting the street vacation. 2. The petitioner shall enclose the dumpster and recycling container by November 1, 2000. 3. The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. : City of Fridley Land Use Application SAV #99-05 October 20, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Marc Rice 6111 Star Lane NE Fridley, MN 55432 Requested Actions: Vacate a portion of University Avenue Service Drive. Existing Zoning: R-2 Two Family Residential Location: Portion of service road immediately adjacent to the east edge of apartment parking lot. Size of Properly: 44,912 square feet 1.03 acres Existing Land Use: Multi-family aparhment building. Surrounding Land Use & Zoning: N: Two family & R-2 E: University Avenue S: Two family & S-1 W: Two family & R-2 Comprehensive Plan Conformance: Use of properiy is consistent with Plan. Property History: � 1952 - Sylvan Hills is platted. • 1962 - Aparkment is built. Legal Description of Property: See Attached Council Action: November 8, 1999 Public Utilities: Apt. building is connected. Transportation: Property is accessed from 61 S` and Star Lane. Physical Characteristics: 19 Portion of street to be vacated is paved and used by tenants as a pazking lot. SUMMARY OF REQUEST The petitioner is seeldng to vacate a portion of University Avenue from the service drive right-of- way, that is not used by the general public, and use it as off-street pazking for his tenants. SUMMARY OF ANALYSIS Due to the following factors: • This is a stub street that ends in the apartment parking lot; • Not possible to put the s�reet through to 61S` as the intersection would be too close to the 61S` and University intersection; • Tenants have been using the stub sh�eet as their private parking area for a number of years; � • The "snowbird" ordinance would not allow the tenants to park in this area, if it were to remain a public street. City Staff recommends approval of the street vacation. (Portion of service drive to be vacated) SAV #99-05 ANALYSIS The petitioners is seeking to vacate a portion of the University Avenue service road right-of-way, not used by the general public, and use it as off-street parking for his tenants. Marc Rice owns the 18-unit apartment building located at 6111 Star Lane. The portion to be vacated is a dead end that adjoins the apartment parking lot. MnDOT transferred ownership of this portion of the right-of-way to the City in the early 1960's when University Avenue was under construction. The apartment building was built in 1965, when most families only owned 1 car. The parking lot is not adequate to park all of the tenant vehicles. As a result, tenants have been using this portion of the right-of-way as their parking area for a number of years. The City's enactment of the "snowbird" ordinance, which prohibits overnight parking between November and May on all City streets, would prevent tenants from continuing to use this portion of the right-of-way for parking. Due to the fact that Star Lane "loops back" and will continue to have access to 61$` Avenue, staff has determined that there is not a need to maintain this portion of right of way adjacent to the petitioner's parking lot. The original purpose of the right-of-way was to create a frontage road, and because Star Lane does connect to 61 s' Avenue on the west side of the apartment site, there is no City interest in maintaining this right-of-way. During site inspection, staff did note that the garbage dumpster and recycling container was not screened. It is suggested that the petitioner prepare a design of an enclosure and submit it to staff prior to Council approval of this item. Because the City owns the subject area in fee title, the City Council will also have to approve a"sale of excess" property ordinance to properly convey it to the petitioner. If there are any utilities in this area (gas or electric), a utility easement must be reserved. RECOMMENDATION FOR SAV #99-05 City Staff recommends approval of this proposed street vacation for the following reasons: • This is a stub street that ends in the apartment parking lot; • Not possible to put the street through to 61 S` as the intersection would be too close to the 61S` and University intersection; • Tenants have been using the stub street as their private parking area for a number of years; • The "snowbird" ordinance would not allow the tenants to park in this area, if it were to remain a public street. STIPULATIONS If approved, staff recommends the following stipulations be attached. 1. City Staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Council granting the street vacation. 2. The petitioner shall enclose the dumpster and recycling container by November 1, 2000. 3. The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. 20 RESOLUTION NO. A RESOLUTION APPROVING A VACATION, SAV #99-05, VACATING A PORTION OF THE UNIVERSITY AVENUE SERVICE DRIVE WHEREAS, The Planning Commission held a public hearing on the vacation, SAV #99-05, on October 20, 1999, and recommended approval to vacate: That part of Outlot A, Sylvan Hills according to the plat thereof on record at Anoka County, Minnesota. Lying Easterly of the Northerly extension of the West line of Lots 1 through 15 inclusive, Block 5, Hyde Park according to the record plat thereof. And also; the West 25 feet as measured at right angles of the platted Service Road in said plat of Sylvan Hills, lying South of an Easterly extension of the North line of said OutlotA, and lying north of a line 20 feet, as measure at right angles to, and parallel with the South line of said OutlotA and its Easterly extension WHEREAS, the City Council at its November 8, 1999, meeting approved the vacation request; and WHEREAS, City Staff has determined it is not possible for public use of this small portion of the service drive; and WHEREAS, that portion of the University Avenue Service Drive to be vacated shall be returned to adjoining property owners; and WHEREAS, the vacation request has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Chapter 205 of the Fridley City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley, Minnesota, hereby approves the vacation, SAV #99-05, and authorizes the City Clerk to amend Appendix C of the City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEYTHIS 8TH DAY OF NOVEMBER 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 21 EXHIBIT A 1. City Staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Council granting the street vacation. 2. The petitioner shall enclose the dumpster and recycling container by November 1, 2000. 3. The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. 22 � W > � � � O W � Q U � �---i � W U -�o a ° > ti � m L " ' L � � i T p �« y � N m � N ' L � } d N m . -� � o- s m o o« C ` o � O t o o L c o O -- � m m a N` _ y T } } '_ _�' °-' °�' � 3 a o o � o a�'i • m - D � � ` �._ ?'� LL �� f= a m� C � m m •� . . _ _ _ l. U T in . 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U,..� ¢ \ � d . ;7 �Nd� adls � g 0 r� , a II � a� 1 �i , N _ _ - -- - � � � in a� � w � J N �( O V � Q W � Q i-- � � ,0'99 '.L'S�- . . �g :Yo p : � S s Y-� Y = � hd; Yg t _ � �gL Fb� s Y i 9Y; } T� 8 � ° ti � � n 5 ti u + ; N � i o � o 0 c o m � � �� AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 1999 QTY OF FRIDLEY Date: 11 /02/99 To: William Bums, City Manager �,r{`�'� � From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Consider First Reading of an Ordinance Under Section 12.06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof • M-99-272 INTRODUCTION The portion of the University Avenue service road, which is the subject of a recent vacation request by Marc Rice at 6111 Rice Street, was conveyed to the City in fee title in the early 1960s. In order to properly combine this strip of land with the petitioner's property, it must be conveyed by a quit claim deed. The City Charter requires that the "sale" of all public lands occur via an ordinance which declares the property as excess. Unlike other properties the City has sold as excess, this property is extremely unique and has very little value. There are ongoing snow removal and maintenance costs that burden the City's street maintenance budget. Therefore, staff recommends the property be conveyed to the adjacent property owner for $1.00. STAFF RECOMMENDATION Because a public hearing has been conducted as pa�t of the vacation request, an additional hearing for this ordinance is not required. Staff recommends that the City Council pass for first reading the attached ordinance declaring the subject property as excess. 24 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING SALE THEREOF The Council of the City of Fridley does ordain as follows: SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: That part of Outlot A, Sylvan Hills according to the plat thereof on record at Anoka County, Minnesota. Lying Easterly of the Northerly extension of the West line of Lots 1 through 15 inclusive, Block 5, Hyde Park according to the record plat thereof. And also; the West 25 feet as measured at right angles of the platted Service Road in said plat of Sylvan Hills, lying South of an Easterly extension of the North line of said Outlot A, and lying north of a line 20 feet, as measure at right angles to, and parallel with the South line of said Outlot A and its Easterly extension SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City is hereby authorized to - sell or enter into a contract to sell said property. _ SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deed to affect the sale of said property. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 1999. ATTEST: DEBRA A SKOGEN - CITY CLERK First Reading: November 8, 1999 Second Reading: Publication: NANCY J. JORGENSON - MAYOR 25 MEMORANDUM TO: William W. Bums, City Manager ��i � � FROM: John G. FlorarPublic Works Director Jon H�. • kaas, Assistant Public Works Director Richard D. Pribyl, Finance Director DATE: October 28, 1999 PW99-180 SUBJECT: Change Order No. 1 to the Liquor Store Parking Lot Improvement Project No. 326 Attached is Change Order No. 1 to the City of Fridley Municipal Liquor Store Parking Lot repaving project. Due to the condirion of the exisring parking lot, there was a significant ovenun in remedial work necessary to prepare the parking lot for overlay. The amount of patching and leveling mix to prep the parking lot more than doubled. The net change to the contract is $10,207.70. Recommend the City Council approve Change Order No. 1 to the City of Fridley Municipal Liquor Store Parking Overlay Project No. 326 to Diversified Paving, Inc. in the amount of $10,207.70. JJH/JGF/RDP:cz Attachment 26 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNNERSITY AVENUE N.E. FRIDLEY, MN 55432 October 28, 1999 Diversified Paving 8019 146�h Ave NW Ramsey MN 55303 SUBIECT: Change Order No. 1, Fridley Liquor Store Parking Lot Improvements Project No. 326 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Fridley Liquor Store Parking L,ot Improvement Project No. 326 by adding the following work: Addition: Item � . Mill bituminous pavement 2. Patch mix (#2331 asphalt) 3. Type 41 wear course 4. Adjust frame & ring casting TOTAL CHANGE ORDERS: uanti Price Amount 100 Sq yd 950.00 950.00 86.67 Ton 60.00 5,200.20 95 TOI"1 38.50 3,657.50 2 each 200.00 400.00 TOTAL ADDITIONS ...........................510,207.70 Original Contract Amount .......... .........................................................533,838.50 Contract Additions - Change Order No. 1 .........................................................510,207.70 REVISED CONTRACT AMOUNT 27 .. �.. � Diversified Paving Inc. Change Order No. 1 November 8, 1999 Page 2 Submitted and approved by .1ohn G. Flora, Public Works Director, on the 8"' day of November, 1999. Prepared by Checked by � i� John . qra, P.E. Dir ct 'f Public Works Approved and accepted this day of , t 999 by - Urban H. Schmidtbauer, Project Coordinator Approved and accepted this day of , 1999 by CITY OF FRIDLEY Nancy J. Jorgenson, Mayor William W. Bums, City Manager : MEMORANDUM TO: William W. Bums, City Manager �(� � FROM: John G. Flora, �Public Works Director Jon H. H�ukaas, Assistant Public Works Director �/J DATE: November 8, 1999 PW99-181 SUBJECT: Resolution Requesting MnDOT Funding for Causeway Improvements Under the Municipal Cooperative Agreements Program The MnDOT Metro Division is in the process of accepting candidate projects for the FY 2001 Municipal Agreement program for locally iniriated and administered construction projects involving a trunk highway. We are makixg a submittal for the TH 65 causeway project for consistency and as another opportunity to expedite the funding for this improvement. The attached resolution requests funding from MnDOT and agrees that the City will complete the project if funding is provided. Recommend the City Council adopt the attached resolution for submittal to MnDOT. JHH/JGF:cz Attachment 29 RESOLUTION NO. - 1999 RESOLUTION REQUESTING FUNDING FROM MINNESOTA DEPARTMENT OF TRANSPORTATION FOR TRUNK HIGHWAY 65 CAUSEWAY IMPROVEMENTS FROM CENTRAL AVENUE TO 63RD AVENUE AND AGREEING TO COMPLETE THE �PROJECT IF SAID FUNDING IS PROVIDED WHEREAS, a feasibility and conceptual plan, project development process and cost estimate have been prepared for the construction of a northbound and a southbound auxiliary lane within the existing causeway embankment, signal and intersection improvements at Moore Lake drive, elimination of two highway access drives, construction of a cantilevered off-highway pedestrian and bikeway trail on the east side of Trunk Highway 65, creation of an off-highway fishing node for Moore Lake and highway and walkway lighting, and WHEREAS, studies have been completed affirming the constructability of the project using sheet pile walls without affecting the ordinary high water level of Moore Lake, and WHEREAS, the project is consistent with the major recommendation of the June 1999 Trunk Highway 65 Traffic Operations Study, and WHEREAS, the proposed improvement extends the recent I-694/TH 65 highway enhancement project SAP 127-010-13, and WHEREAS, the project addresses the transportation problem discussed in the amended Transportation Chapter of the Fridley Comprehensive Plan dated September 13, 1999, and WHEREAS, letters supporting the project have been received from the Minnesota Department of Natural Resources and the Rice Creek Watershed District, and WHEREAS, the Minnesota Department of Transportation's Metro Division is accepting local agency initiated and administered candidate projects for funding under the federal year 2001 Municipal Agreements Program, and WHEREAS, the Commissioner of Transportation requires a resolution from the local municipality agreeing to complete the project if the funding is provided. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, hereby requests funding from the Minnesota Department of Transportation under the Municipal Agreement Program and agrees to complete the project should said funding be provided. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF NOVEMBER 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON, MAYOR �� r � CRY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 1999 William W. Burns, City Manager �� _ � �Sara S. Hill, Human Resources Director � _, November 4, 1999 Compensation Adjustments In order to prepare the final figures for the Personal Services portion of the 2000 budget, it will be necessary for the City Council to approve any adjustments to salaries, benefits and other forms of compensation for 2000. - I recommend the following for full and part-time City employees: 1. A general increase of 3.0 percent in salaries. 2. An increase of 3.0 percent in automobile allowances, where applicable. Please present the attached resolution to the City Council at their November 8, 1999 meeting. Thank you for your attention to this matter. 31 RESOLUTION NO. -1999 A RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR THE 2000 CALENDAR YEAR WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley City Employees within budgetary constraints; and WHEREAS, the City of Fridley intends to comply with the Minnesota Local Government Pay Equity Act; and WHEREAS, the City Council and City Staff have reviewed the City's financial position as well as economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments and changes be authorized for full and part-time employees of the City of Fridley, effective January l, 2000: _ 1. A general increase of 3.0 percent in employee salaries. � 2. An increase of 3.0 percent in automobile allowances, where applicable. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. DEBRA A. SKOGEN - CITY CLERK 32 NANCY J. JORGENSON - MAYOR r a CRY OF FRIDLEY TO: FROM: DATE: RE: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 1999 William W. Burns, City Manager �� . Rick Pribyl, Finance Director Deb Skogen, City Clerk November 4, 1999 Resolution Amending Ballot Question for Special Electnn on December 14, 1999 The City Council adopted Resolution No. 88-1999 declaring a special election on December 14, 1999 pertaining to Ordinance No. 1130: An Ordinance of the City of Fridley, Minnesota, Amending City Code to Include a New Chapter 409, Entitled "Franchise Fees." -- This resolution directed the City Clerk to provide a written notice to the county auditor to include the date of the election and the question to be voted as required by Minnesota State Statutes. The City Clerk prepared and mailed that letter on October 26, 1999. It has been requested that the question on the ballot be stated more clearly and that the two utility providers be named in the question. If that is the desire of the council, staff recommends a motion adopting a resolution amending Resolution No. 88-1999 directing the City Clerk to change the wording of the question. 33 RESOLUTION NO. -1999 A RESOLUTION AMENDING RESOLUTION NO. 88-1999 CALLING FOR A SPECIAL ELECTION ON AMENDING THE FRIDLEY CITY CODE, CHAPTER 409, ORDINANCE NO. 1130 WHEREAS, the City Council received Petition No. 8-1999, a referendum perition proposing the repeal of Ordinance No. 1130: An Ordinance of the City of Fridley, Minnesota, Amending City Code to Include a New Chapter 409, Entitled "Franchise Fees"; and WHEREAS, the City Council declared a special election to be held on December 14, 1999; and WHEREAS, the City Clerk was authorized and directed to cause printed ballots to be prepared for the use in said election in which the question was to be stated as: Shall the Fridley City Code be amended to impose a franchise fee on all entities providing electric and gas service in accordance with the franchise agreement entered between the City and each utility provider? WHEREAS, it has been requested that the question be stated more clearly for the voters to understand by specifying the names of the two utility providers. NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall be authorized and directed to cause printed ballots to be prepared for the use in said election in which the question shall be stated as follows: Shall the Fridley City Code be amended to impose franchise fees on Northern States Power Company (NSP) and Minnegasco (now lrnown as Reliant Energy) in the manner permitted in the Franchise Agreement between the City of Fridley and those two utility companies? PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF NOVEMBER, 1999. ATTEST: Debra A. Skogen, City Clerk 34 Nancy J. Jorgenson, Mayor � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 1999 APPOINTMENT APPEALS COMMISSION Jon M. Tynjala TERM EXPIRES: April l, 2000 35 : AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 1999 CfTY OF FRIDLEY CLAIMS 90054 - 90243 36 � r CfTY OF FRIDLEY LICENSES CITY COUNCIL MEETING OF NOVEMBER 8, 1999 L I CENSES Type of License GAS SERVICES Clarion Contracting Route 1 Box 127 Becker MN 55308 Dahl Heating 1933 164 Ln NE Ham Lake MN 55304 LBP Mechanical Inc 315 Royalston Ave N Minneapolis MN 55405 GENERAL CONTRACTOR-COMMERCIAL Greiner Construction Inc 222 S 9 Street Minneapolis MN 55402 GENERAL CONTRACTOR-RESIDENTIAL Peak Roofing (20045301) 14939 Raven St NW Andover MN 55304 Winters Paul Construction (7678) 5031 Clear Spring Dr Minnetonka MN 55345 PLUMBING Nelson Terry Plumbing 17033 Argon St Andover MN 55404 � C Ted Olson Jerry Dahl Douglas Hayes Wolfgang Greiner Mark Seashore Paul Winter Terry Nelson 37 Approved By: RON JULKOWSKI Building Official Same Same RON JULKOWSKi Building O�cial STATE OF MINN Same STATE OF MINN 0 .+ e r * t , � � CfTY dF FRIDLEY ESTIMATES CITY COUNCIL MEETING OF NOVEMBER 8, 1999 Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of October, 1999 ........................................................ $ 5,000.00 Park Construction Co. 7900 Beech Street N.E. Minneapolis, MN 55432-1795 Riverview Heights Area Improvement Project No. ST. 1999 —1 Estimate No. 7 ..................................., ............................................... $384,582.56 Diversified Paving, Inc. 8019 —146`�' Avenue N.W. Ramsey, MN 55303 Municipal Liquor Store Parking Lot Improvement Project No. 326 Estimate No. 1 .................................................................................... $ 43,067.28 Ron Kassa Construction 6005 — 250�' East Elko, NIN 55020 ' Miscellaneous Coricrete Curb and ' Gutter and Sidewalk y Project No. 322 Estimate No. 7 .................................................................................... $ 7,089.52 Lund Martin Construction, Inc. 3023 Randolph Street N.E. Minneapolis, MN 55418 Liquor Store Project Estimate No. 2 .............. ................................................ 38 ....... $278,820.00 � .�' r � CRY OF FRIDLEY r . ESTIMATES CITY COUNCIL MEETING OF NOVEMBER 8, 1999 Carl J. Newquist, Esq. Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of August, 1999 .......................................... $ 18,054.40 � �.. - TO: WILLIAM W. BURNS, CITYMANAGER FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: AWARD OF SIGN CONTRACT DATE: NOVEMBER S, 1999 Last Friday we opened bids on the back lit canopy sign for the new Liquor Store. The sign will the back lit style and will be located on the East Side and continue around the corner and extend down the North Side. Staff had estimated that the sign would be under $25,000 and would not need to be bid. As estimates came in, it was apparent that the project would need to be bid since the cost was in excess of the $25,000 threshold. We had 2 bids on the sign and it was determined that Nordquist sign was the low bidder at a cost of $32,000. Staff is recommending the contract for the back lit canopy with Nordquist sign in an amount not to exceed $32,000. � AGENDA ITEM � CITY COUNCIL MEETING OF NOVEMBER 8, 1999 CRY OF FRIDLEY INFORMAL STATUS REPORTS 39