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03/20/2000 - 00008684THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 20, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:32 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 7orgenson, 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 other 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 PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meetin� of March 6, 2000 APPROVED CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 1, 2000: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 1, 2000. 2. SPECIAL USE PERMIT, SP #00-01, BY US WEST WIRELESS, LLC, TO ALLOW THE CONSTRUCTION OF A 90-FOOT TELECOMMUNICATIONS TOWER, GENERALLY LOCATED AT 7835 MAIN STREET N.E. (WARD 3): Mr. Burns, City Manager, stated that this was consideration of a motion to approve the special use permit by US WEST Wireless to allow the construction of a 90 foot telecommunications tower at 7835 Main Street. The property is owned by Tonkel Inc. The Planning Commission approved this request on March 1 with eight stipulations. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT, SP #00-01 WITH THE FOLLOWING STIPULATIONS: 1) THE PETITIONER OR SUCCESSORS SHALL INSTALL AND MAINTAIN THE PROPOSED EQUIPMENT SO THAT IT BLENDS INTO THE SURROUNDING ENVIRONMENT; 2) A NON-CORROSIVE FINISH SHALL BE USED TO MATCH THE COLOR OF THE EXISTING STRUCTURE, STAFF TO APPROVE COLOR AND DESIGN OF POLE PRIOR TO INSTALLATION; 3) THE TOWER SHALL NOT BE ARTIFICIALLY ILLUMINATED EXCEPT AS REQUIRED BY THE FEDERAL AVIATION ADMINISTRATION (FAA); 4) ALL SCREENING PLANTINGS SHALL BE INSTALLED IN ACCORDANCE WITH THE LANDSCAPE PLAN, DATED FEBRUARY 3, 2000, SUBMITTED BY US WEST; 5) THE FACILITY SHALL BE DESIGNED TO DISCOURAGE UNAUTHORIZED ENTRY; 6) A BUILDING PERMIT SHALL BE OBTAINED PRIOR TO COMMENCEMENT OF INSTALLATION OF ANY FACILITY EQUIPMENT ON THIS SITE; 7) NO SIGNS OTHER THAN WARNING OR EQUIPMENT INFORMATION SIGNS ARE PERMITTED AS PART OF THIS APPLICATION; AND 8) ANY FUTURE PLACEMENT OF ANTENNAE ON THE TOWER SHALL REQUIRE REVIEW BY THE CITY TO DETERMINE IF THE EQUIPMENT LOCATION REQUIRES ADDITIONAL STIPULATIONS OR A REVISED SPECIAL USE PERMIT. 3. SET A PUBLIC HEARING DATE FOR APRIL 10, 2000, FOR CONSIDERATION OF THE REVOCATION OF SPECIAL USE PERMIT, SP #76-08, FOR A HOME GENERALLY LOCATED AT 401 IRONTON STREET N.E. (WARD 1): FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 3 Mr. Burns, City Manager, stated that this was a motion to establish a public hearing for consideration of the revocation of a special use permit issued to a home on the property located at 401 Ironton Street. The special use permit for this property was issued in 1976 to allow a second floor apartment. Inspection of the property revealed several maintenance, and identified two additional units that had been created in the home. Following inspections, staff determined that the structure was no longer fit for those additional living units. Staff recommended that Council set April 10, 2000 as the public hearing date for consideration of the revocation of the special use permit. APPROVED APRIL 10, 2000 AS THE PUBLIC HEARING DATE. 4. SET A PUBLIC HEARING FOR APRIL 10, 2000, FOR CONSIDERATION OF THE REVOCATION OF SPECIAL USE PERMIT, SP #94-18, FOR THE SINCLAIR SERVICE GARAGE, GENERALLY LOCATED AT 6290 HIGHWAY 65 (WARD 1): Mr. Burns, City Manager, stated that the owners of the Sinclair Service Garage at 6290 Highway 65 applied for and received a special use permit for an automobile repair garage in 1994. The permit that was granted was subject to the stipulation that abandoned vehicles could not be stored outside. It was further stipulated that vehicles that had been repaired or were being repaired could not be stored outside for more than three days. Both of these stipulations are being violated, and the owner has not cooperated to correct the problem. Staff recommended that Council establish April 10, 2000, as the public hearing date for consideration of revocation of this special use permit. APPROVED APRIL 10, 2000, AS THE PUBLIC HEARING DATE. 5. SET A PUBLIC HEARING FOR APRIL 10, 2000, FOR CONSIDERATION OF AN ORDINANCE REVISING CHAPTER 407 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITLED "GENERAL PROVISIONS AND FEES" (RIGHT-OF-WAY MANAGEMENT): Mr. Burns, City Manager, stated that the Public Works Director recommended that Council amend the City's Right-of-Way Management Ordinance that was adopted in 1998. Both changes include increasing the registration fees to $50.00 and increasing the excavation fee from $200 to $300. Staff recommended that Council establish April 10, 2000 as the public hearing date for the proposed amendments. APPROVED APRIL 10, 2000, AS THE PUBLIC HEARING DATE. 6. RESOLUTION NO. 26-2000 RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST. 2000 - 1: FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 4 Mr. Burns, City Manager, stated that this was consideration of a resolution receiving final plans and specifications and ordering advertisement for bids on street improvement for the year 2000. ADOPTED RESOLUTION NO. 26-2000. 7. RESOLUTION NO. 27-2000 REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR LOCAL USE: Mr. Burns, City Manager, stated that this was consideration of a resolution requesting municipal state aid system construction funds for local use. ADOPTED RESOLUTION NO. 27-2000. 8. RESOLUTION NO. 28-2000 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR RIVERVIEW HEIGHTS IMPROVEMENT PROJECT NO. ST. 1999 - 1: Mr. Burns, City Manager, stated that this was consideration of a resolution declaring costs to be assessed and ordering preparation of proposed assessments for the Riverview Heights project. The resolution authorizes the City to declare the assessment toll for 387 properties in the 1999 project. The City's portion of the cost is $1,952,774.10. The property owners share the cost of $481,157.17. Assessments are for curb and gutter, driveways and water improvements. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 28-2000. 9. RESOLUTION NO. 29-2000 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR THE RIVERVIEW HEIGHTS IMPROVEMENT PROJECT NO. ST. 1999 - 1: Mr. Burns, City Manager, stated that this was consideration of a resolution directing publication of the hearing on the proposed assessment for the Riverview Heights improvement project. The public hearing notice will be published on April 7. The public hearing will be held on Apri124. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 29-2000. 10. RESOLUTION NO. 30-2000 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUND AND THE CAPITAL IMPROVEMENT FUND FOR FOURTH QUARTER, 1999: Mr. Burns, City Manager, stated that altogether there were $11,273 in grant revenues. These were all related to police department programs. Staff recommended that the revitalization fund balance be maintained at $250,000 for the amount budgeted for the FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 5 year 2000. This means eliminating $189,749 from the amount that would have been transferred to funds in the first quarter of 1999. The last change is transferring an additional $97,372 from the Capital Improvements Fund to the Optical Disk Records System purchased late last year. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 30-2000. 1L MOTION TO ELIMINATE THE POSITION OF CORPORAL IN THE FRIDLEY POLICE DEPARTMENT AND PROMOTE THE TWO EXISTING CORPORALS TO THE RANK OF SERGEANT: Mr. Burns, City Manager, stated that this was consideration of a motion to eliminate the position of Corporal in the Fridley Police Department and promote the two e�sting Corporals to the rank of Sergeant. This will provide more fle�bility in scheduling. The two individuals being promoted to Sergeant have finished at the top of the promotional tests. The move is consistent with staffing situations for police departments of cities our size. The proposed change would be effective for January 1, 2001. Staff recommended Council's approval. ELIMINATED THE POSITION OF CORPORAL AND PROMOTED THE TWO EXISTING CORPORALS TO THE RANK OF SERGEANT. 12. CLAIMS: APPROVED PAYMENT OF CLAIM NUMBERS 92326 THROUGH 92532. 13. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. MOTION by Councilmember Billings to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, to adopt the agenda as presented. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 6 Mayor Jorgenson invited members of the public to address any items not included on the agenda. No members in the audience spoke. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 7 PUBLIC HEARING: 14. ASSESS THE EFFECT OF THE PROPOSED TRANSFER OF OWNERSHIP BETWEEN TIME WARNER INC. AND AMERICA ONLINE, INC: MOTION by Councilmember Bolkcom to open the public hearing and waive the reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:45 P.M. Mr. Knaak, City Attorney, stated that America Online and Time Warner Inc. announced a stock for stock merger in which they will merge with subsidiaries of a newly formed holding company. As a result of these mergers, both of these entities will become wholly owned subsidiaries of a new holding company, AOL/Time Warner Inc. Under the terms of the merger agreement, these two companies' stock will be converted to AOL/Time Warner stock at fixed exchange ratios. It has been theCity's interpretation of the code and applicable law that this would represent a transfer of ownership for purposes of our ordinance and purposes of state and federal law. Mr. Knaak stated that under both state and federal law, the City may either agree to this merger and transfer ownership of its franchise within thirty days or conduct a public hearing and determine whether this transfer is in the interest of the City's residents and cable users. The hearing must be within thirty days of the termination for its lead, and that has occurred. Mr. Knaak stated that Council's decision or recommendation must fall within thirty days of this meeting. This merger would have no discernible impact into the foreseeable future for Fridley residents. Questions are being raised throughout the country as to whether this merger may have dramatic effects on the future of the cable industry. This includes issues of competitive telephone and data transfer services and the appropriate base on which a franchise fee might be calculated in the future as such additional services are offered. Like much of the information industry today, this is an area currently ripe for prediction and speculation. Mr. Knaak said that since it is Council's fiduciary responsibility to deal with the issues of whether these matters will impact cable users of the City, the most prudent action is not to immediately approve the merger, but conduct a public hearing on the issues and invite representatives of Time Warner Cable to establish plainly that this merger will not adversely impact cable users or the City's franchise revenues for the duration of the franchise. This franchise is up for renewal within a few short months. Staff met with Time Warner representatives, and they have been very forthcoming in providing precise assurances. Mayor 7orgenson asked if there were any questions from the Council at this time. Ms. Kim Roden, Vice President of Public Affairs and Customer Service for Time Warner Cable, stated that she and Mr. Lance Leupold, Director of Public Affairs and Programming for Time FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 8 Warner Cable, did not have any formal remarks to make this evening but were prepared to try to answer any questions. Councilmember Barnette asked Mr. Leupold how this merger will affect the cable user and subscribers in the City of Fridley. Mr. Leupold stated that in the future it will be positive. There are enhanced efficiencies and expertise being brought together with the products and services to ensure that this cable company can provide the best service and products. Councilmember Barnette stated that in the state legislature, there is the possibility of taking away from Fridley the right to franchise local cable television companies. He asked where the City was regarding that. Mr. Knaak stated that he understands that Time Warner prefers the current system and is not interested in State regulations. Senator Kelly has a bill that is in place that comes up every year and there is some concern that during this legislation it may be enacted. This would provide for State regulation. That is not part of this immediate process, however. Mayor Jorgenson stated that one of the questions she has heard a lot during the past year has been regarding public access and guaranteeing public access availability. She asked what type of guarantee the company could give Council that these types of services would be ongoing. Mr. Leupold stated that this change of control does not affect the franchise and does not affect a company that holds a franchise. Time Warner Cable will continue to be the entity and continue to enforce the obligations of the franchise. Any future scenario would be just like it is today. Mayor 7orgenson stated that the last acquisition from Paragon to Time Warner incurred considerable legal fees for the City which have yet to be resolved. Ms. Roden stated that she has had brief conversations with the City Manager and other individuals with the City. There have not been any details expressed to her about a resolution. Unfortunately, she is not able to answer the question other than to let Council know she is aware of the history but not aware of any potential ability to conclude those discussions. Mr. Knaak stated that one of the important issues that came up was the basis of calculating the franchise fee. The revenue base on which the fee is based would be the same, and if there were new services that were offered this would represent an increase in the base from which the fee is calculated. He asked if that was correct. Ms. Roden stated that was correct. During discussions last week with staff, Time Warner indicated that they envision launching digital cable services as well as high speed online service, which they currently call "Roadrunner." They will be launching two additional services on top of video services that they now offer Fridley residents. She said it was the company's position that high speed online service and digital cable are in fact cable services that are regulated under the cable franchise that makes them susceptible to the gross revenues in the cable franchise. That FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 9 would suggest that for every Roadrunner subscription Fridley, the City would be entitled to five percent (5%) of whatever those totals are. Mayor Jorgenson asked if the online service they are offering is going to be associated with AOL. Ms. Roden stated that it will continue to e�st as Roadrunner. Customers will be able to choose Roadrunner as their Internet service provider or AOL or any other Internet service provider. They may decide to keep AOL and have Time Warner Roadrunner as their service provider or decide that they want to sign up with Roadrunner. Mayor Jorgenson stated that the online service would be provided through the television cable into the home rather than through the telephone. Ms. Roden stated that was correct. Mayor Jorgenson asked how residents would upgrade their equipment. Ms. Roden stated that the upgrade itself should not require any in-home wiring changes. In order to receive the two-way high speed online service, the technicians will go into customer's homes to maintain and inspect the cable drop as well as the wiring to ensure that the two way service can be delivered. Mayor Jorgenson asked if they will be able to service multiple computers. Ms. Roden stated that one of the benefits of Roadrunner is that you will not have to tie up the telephone line when you are online, plus multiple computers can be used. That is one of the benefits of having a cable service providing your online Internet service as opposed to other options that would need a second phone line. Mayor Jorgenson asked if anyone else wished to address this issue. No members in the audience spoke. MOTION by Councilmember Barnette, to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:02 P.M. 15. ZONING TEXT AMENDMENT, ZTA #99-02, BY THE CITY OF FRIDLEY, TO ALLOW FOR LIMITED TEMPORARY OUTDOOR DISPLAY AND SALES PROMOTIONS IN COMMERCIAL DISTRICTS. IN ADDITION, THE AMENDMENT WILL DELETE A PART OF THE ORDINANCE THAT ALLOWS DISPLAY OF PETROLEUM PRODUCTS BETWEEN PUMPS AND FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 10 TEMPORARY DISPLAY OF MERCHANDISE WITHIN FOUR FEET OF THE BUILDING AT SERVICE STATIONS: MOTION by Councilmember Bolkcom, to open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:03 P.M. Mayor Jorgenson asked if the request was ZTA #99-02 or ZTA #00-02. Ms. Daniels, Planner/Code Enforcement Officer, stated that it is ZTA #99-02 because it was first presented to the Planning Commission in November, 1999. Ms. Daniels stated that this is a two-part presentation. They are trying to allow for temporary outdoor displays and sales in Fridley in commercial areas, and also to delete a part of the ordinance. Ms. Daniels stated that with this proposed ordinance, they are trying to accomplish opportunities for businesses to conduct special outdoor promotions. They have received calls asking for tent sales and other types of outdoor temporary sales and currently there is nothing in the ordinance that would allow this. They have allowed them, but did not have any regulations for them. The current ordinance allows for outdoor displays between pumps at service stations and temporary displays within four feet of the station building. No other temporary or permanent outdoor display is allowed. There are special use permits for outdoor storage for garden centers, Menards, Home Depot and like places. They also have a special use permit process for unscreened e�terior storage of materials and equipment. Ms. Daniels stated that they are proposing an ordinance, amendment that would allow three outdoor sales events per business per year in commercial districts G1, C-2, C-3, and CR-1. The ordinance would allow six events per year for multi-tenant buildings instead of three for each tenant. An administrative permit process for these events is being proposed rather than commission or Council action with a ten-day time frame for promotions and twenty days between each event. The advantages to this approach is that it will allow events that are currently not permitted by the ordinance. Three events per year falls within the requirements of other cities and strikes a beneficial balance between the e�tremes of not allowing them or permitting them continuously. Ms. Daniels reviewed the proposed ordinance language. Ms. Daniels stated that the proposed fee for the license will be $75.00. Planning Commission action on this part of the ordinance amendment was approved unanimously. Staff recommended approval of the proposed temporary outdoor sales and display amendment. This is the first part of the presentation. Staff will be asking for action on the two separate pieces. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 11 Ms. Daniels stated that the second part they are proposing is a proposed deletion to some ordinance language. The proposed deletion in G1, C-2, and C-3 is the same. She reviewed the current language of the ordinance. Ms. Daniels stated that the current ordinance language allows petroleum products between pumps. That is no longer a common practice. The ordinance currently states temporary storage but temporary is not defined anywhere so there is permanent outdoor storage at all of these places and the City cannot enforce the ordinance otherwise. Staff is proposing to revise this part of the language to delete the last sentence. This does not affect the service stations ability to have the temporary display, they would still be allowed to have three per year. Ms. Daniels said the Planning Commission and the Southern Anoka Chamber of Commerce business community had some concerns that permanent outdoor storage issues were not being addressed with either of the proposed amendments. That is true. The special use permit process addresses that now. This is separate. The elimination of outdoor storage opportunities at service stations is also an issue with the second part and the aesthetics of any outdoor displays allowed. During the Planning Commission after the businesses' concerns had been expressed, staff came up with four options. Ms. Daniels said the first option is to delete the ordinance language allowing outdoor displays at service stations. Option No. 2 would be to delete the language allowing the storage and add "Merchandise offered for sale may be displayed outdoors provided the display area does not exceed a greater number of square feet than ten percent (10%) of the ground floor area of the building housing for the principal use. No storage of any type shall be permitted within the front of side yard setback of parking area." This is slightly better than what they currently have because it takes away the word temporary, and it gives a set amount of space. Ms. Daniels said the third option would be to delete the word "temporary" from the current ordinance. This would allow the display within four feet of the station building. Option four would be to leave the ordinance as is. Ms. Daniels stated that the Planning Commission did recommend Option No. 3 deleting the word "temporary" from the ordinance and deleting the provision of storage between the pumps. They did want to add the wording "no storage of any type shall be permitted within the required front or side yard setback or parking area." Staff recommends removing the provision allowing outdoor sales and display between the pumps and within four feet of the station building and service stations, which is Option No. 1. Councilmember Wolfe asked if the businesses were charged each time for the sales events with the temporary ordinance. Ms. Daniels stated that they were charged $75.00 for each event. Councilmember Bolkcom stated that they were making it much simpler. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 12 Councilmember Barnette asked if Option No. 1 would not allow service stations to have softener salt between the pumps or in front of the building. Ms. Daniels stated that was correct. Councilmember Barnette stated that most of the service stations he goes to have a dispenser of ice cubes. Ms. Daniels stated that that would be considered permanent outdoor storage. Salt falls under the temporary ordinance. If they were to go to Option No. 1 and not allow it, it would need a special use permit. Councilmember Barnette stated that the Texaco on 73rd Avenue always has salt outside. They could get a special use permit to continue to display that. Ms. Daniels stated that they have, in the current ordinance, a special use permit process for unscreened e�terior storage so they would have the right to come in and request that. Councilmember Barnette stated that it seemed to him that not allowing that really puts those stations at a disadvantage. Councilmember Bolkcom asked if there were any gas stations that did not have anything displayed outside. She thought the things outside were rather junky looking. Councilmember Wolfe asked why they were redoing this ordinance. He asked if there were complaints regarding the salt. Ms. Daniels stated that when Holiday was going in on 57t'` Avenue, there was a concern about the stipulation for what was being allowed outside there and how it related to the rest of the City and the ordinance. Staff looked at the other facilities and realized that the ordinance was unenforceable with the word temporary, and that storage of petroleum products between the pumps is from a bygone era. They do need to clean up the ordinance and that is the recommendation of staff. Councilmember Wolfe stated that cleaning up the ordinance means taking it away. Ms. Daniels stated that the recommendation from staff is to take it away. They need to clean up the ordinance language so that whatever it reads is enforceable. Councilmember Bolkcom stated that there are some gas stations that do have things stacked up with the cartons breaking, etc. She asked if Fridley was more strict than other communities if Council agreed with staff's recommendation? Ms. Daniels stated that they reviewed ordinances of surrounding cities. Blaine does not enforce the codes and products sit against the building like salt. Edina does not allow any outdoor sales at all or storage and they enforce it. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 13 Councilmember Barnette stated that it seems to him that they are looking at passing something that in his mind is not intrusive. Some of the businesses are being put at a disadvantage. He does not think it is a major problem. Councilmember Bolkcom asked Councilmember Barnette why it is putting them at a disadvantage if they do not have enough storage inside. Councilmember Barnette stated that was correct, because of what they are marketing, they do not. These convenience stores are pretty cramped anyway. That is their marketing strategy. Councilmember Wolfe stated that he likes smaller stores to carry salt. He gets all of his salt at gas stations. He said it was nice to pull up and load it up right there. Most of the time it seems everything is neatly stacked. He said he was surprised the issue came up. Mr. Burns stated that when they started this some time ago, they were responding to Councilmember Barnette's request when they were talking about the Holiday Stationstore and investigating the storage issue. It was Councilmember Barnette's suggestion to make things more consistent. Councilmember Barnette stated that he does not remember that. Mayor Jorgenson stated that in front there is a sidewalk and children and people with disabilities need access to that. More often than not, you could not move down the sidewalk, you had to walk in the drive aisle. This also puts the stores like Target, Wal-Mart and Cub at a competitive disadvantage because they cannot do that and are required to house displays indoors and need a special use permit to display anything outside. Two years ago the issue of sidewalk sales came up for Wal-Mart. They need a special use permit. Councilmember Barnette stated that under this new ordinance Wal-Mart would have the ability to use the sidewalks for a sale and have it three times per year. Councilmember Bolkcom asked if it would open up that possibility for those stores to display pop outside. Councilmember Barnette stated that this language applies only to convenience stores. Councilmember Bolkcom stated that by going with a different option in the proposals, they are not allowing those stores to do that. Ms. Daniels stated that this language is only for the service stations. Councilmember Bolkcom stated that with this they are not opening the doors for the other stores to do this. She does not have an issue with the service stations having anything outside but she FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 14 agrees that there is the tendency for the products to spill almost off the sidewalk She felt they need to fine tune the ordinance. Councilmember Bolkcom stated that a wheelchair would be hard pressed to get into some of the places with the step up to the sidewalk. Councilmember Wolfe stated that most gas stations have very distinct handicapped access entrance into the front door that goes right into the building. Usually the restrooms outside are not blocked either. Mr. Hickok, Planning Coordinator, stated that the code requires that they keep the parking surfaces at least five feet back from the front of the building. The perimeter area is curbed with curb and gutter, and there is typically a raised area in front of the store that is at least five feet deep. Rather than planting that space most often it is concrete and becomes part of the front of the store. There is often a handicapped accessible dip by the front door. Sometimes they do even bring a sidewalk across the front of that. That is probably not all that common though. Mayor 7orgenson asked if there was a code requirement for a sidewalk around the e�terior of the building. Mr. Hickok stated that there was not a code requirement. Ms. Leigh Harris, Southern Anoka County Chamber of Commerce President, stated that the convenience stores cannot store certain things inside because of safety reasons like the firewood. There also are not any carts to get the merchandise versus at Wal-Mart there are carts available. The retailers want to compete at an even level with the communities surrounding Fridley and they, for the most part, paying attention to the aesthetics of the situation. Councilmember Bolkcom stated that every community except Edina allows with their ordinances what the Planning Commission is proposing. Ms. Daniels stated that for the most part that is correct. Councilmember Barnette stated that Option No. 3 which the Planning Commission was most in favor of, would allow the softener salt, propane tanks, and ice cube makers. Ms. Daniels stated that Option No. 3 would allow anything stored outside within four feet of the building but would not allow the display between the pumps. Councilmember Bolkcom asked how many stations have stuff in between the pumps. Councilmember Barnette stated that almost all of them that he goes to have that. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 15 Ms. Daniels stated that the ordinance right now does not allow what they are storing between the pumps. It states that petroleum products between the pumps can be stored, and the service stations are not storing products. Councilmember Barnette stated that it is almost always just softener salt. Councilmember Bolkcom asked why it has to be by the pumps if it is by the door. Councilmember Wolfe stated that is because people are parked right by the pumps. Councilmember Barnette stated that it is the convenience so people do not have to pull up to the front of the store. Councilmember Bolkcom stated that at the service stations she goes to, she does not see anything stored by the pumps. The Planning Commission is making a nice compromise by stating that is okay to store things by the door in front. She asked if Council would be hurting a lot of stations by not allowing storage by the pumps. Ms. Daniels stated that in some of the larger pump aisles there is a little storage of product. The picture she brought of salt displayed in between the pumps was the only service station in Fridley that had anything in between the pumps when she went out. Councilmember Barnette asked Ms. Harris if Option No.3 would be satisfactory to the businesses. Ms. Harris stated that Option No. 2 or No. 3 would be good. Mayor Jorgenson stated that most of the service stations are good about keeping the height of the products to allow easy accessibility of looking into the store. Councilmember Barnette asked Ms. Daniels if it makes it easier from an enforcing standpoint. Ms. Daniels stated that if the ordinance was changed to be more clear it would be easier with either option. Mr. Burns asked Ms. Daniels if the propane sales are usually in front and what are the amendments pertaining to that. Ms. Daniels stated that if this ordinance was passed it would allow storage within four feet in front of the building, and would not allow storage between pumps. Councilmember Barnette stated that he feels that there is probably an OSHA factor involved on distance from a building because those are explosives. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 16 Councilmember Bolkcom asked if they could look at this and figure out how it could be written in and come back with some other type of language. It seems cumbersome for every service station to come back to get a special use permit. Mayor Jorgenson stated that they could check with the Fire Department. She thinks the regulations include a certain number of feet away from the building for the propane tanks so the fumes do not get back into the building. MOTION by Councilmember Bolkcom to close 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 CLOSED AT 8:40 P.M. NEW BUSINESS: 16. FIRST READING OF AN ORDINANCE AMENDING SECTIONS 205.13, 205.14 205.15M AND SECTIONS 205.16 OF THE FRIDLEY CITY CODE PERTAINING TO ACCESSORY USES, AND SECTION 11.10 PERTAINING TO FEES (ZONING TEXT AMENDMENT, ZTA #99-02, BY THE CITY OF FRIDLEY): Ms. Daniels stated that this is directly related to the public hearing just held. Councilmember Bolkcom stated that possibly they were going with Option No. 3. Ms. Daniels stated that what the Councilmembers have in the Commission packet is the staff recommendation. Mr. Hickok stated that the best way to remember Option No. 3 is as the Planning Commission recommendation. MOTION by Councilmember Barnette to incorporate Option No. 3. Seconded by Councilmember Wolfe. Councilmember Bolkcom stated that they were deleting the staff recommendation on the convenience store. Councilmember Barnette stated that was correct. UPON A VOICE VOTE, COUNCILMEMBERS BOLKCOM, WOLFE, BARNETTE, MAYOR JORGENSON VOTING AYE, COUNCILMEMBER BILLINGS VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED BY A FOUR TO ONE VOTE. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 17 Ms. Daniels stated that Council has acted on the second part of the presentation. The first part of the proposed temporary ordinance for outdoor displays and sales needs to be acted on. Councilmember Bolkcom stated that in Councilmember Barnette's motion all the language except service stations would be in Option No. 3. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. APPOINT CITY COUNCILMEMBER TO THE JOINT TASK FORCE ESTABLISHED BETWEEN THE CITY OF FRIDLEY AND THE CITY OF COLUMBIA HEIGHTS: Mr. Burns, City Manager, stated that several weeks ago, the Columbia Heights and Fridley staff got together to discuss the possibility of appointing a joint Task Force member. Subsequent to that, the City Council of Columbia Heights and Columbia Heights school board got together to talk about this and developed the idea of the joint Task Force. The Task Force would identify opportunities created by the Medtronic campus and negative impacts, look at the strengths and weaknesses of the two communities and take advantage of the opportunities of the Medtronic campus. They decided that in order to do this, the joint Task Force would consist of nine members. Four members of the City of Fridley, four members of Columbia Heights and an additional Chairperson. The City Managers would also be expeditionary members of the task force. There is also a technical advisory committee to meet with staff and school districts. They asked Council to appoint a City Councilmember to be representative for the task force. They would also have an HRA Commissioner and a Planning Commissioner to serve. Councilmember Bolkcom asked how often and at what times of the day the task force would be meeting. Mr. Burns stated that they would meet six times on a monthly basis in a six-month period. The times of the days and days of the week would have yet to be determined. Councilmember Barnette stated that he would like to ask Councilmember Billings to be appointed as a member of the task force. Councilmember Billings stated that he felt that his time was stretched pretty thin with the Northstar Corridor and other things that are taking place revolving around the City of Fridley. The ne�t six to nine months would be very busy for him. He was thinking that Councilmember Barnette as Councilmember-at-Large would be in the best position to represent all of the interests of the City of Fridley. Councilmember Barnette stated that he would accept that. MOTION by Councilmember Billings to appoint Councilmember Barnette to the 7oint Task Force. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 18 Mayor Jorgenson stated that she felt it was short-sighted of Council not to invite Spring Lake Park to the meeting as well considering the range of the target area. She said that Spring Lake Park has more vacant land closer to Highway 65 than Columbia Heights or Fridley. Councilmember Barnette asked when they were planning to start the first meeting. Mr. Burns stated that he thinks they are starting in April. UPON A VOICE VOTE, COUNCILMEMBERS BILLINGS, BOLKCOM, WOLFE, BARNETTE VOTING AYE, MAYOR JORGENSON VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED BY A FOUR TO ONE VOTE. 18. APPROVE REAPPOINTMENTS TO CITY OF FRIDLEY COMMISSIONS: Mayor Jorgenson stated that there are a number of reappointments to the commissions. There are presently vacancies on the Commissions. The Appeals Commission, the Environmental Quality and Energy Commission, and the Planning Commissions have a position. There is one vacancy in the Human Resources Commission by default. The Cable Television Commission has a vacancy also. MOTION by Councilmember Bolkcom to reappoint J. Diane Savage and David Kondrick to the Planning Commission. Seconded by Councilmember Barnette. Councilmember Billings stated that he believes that Mr. Kondrick serves as the Chairperson of the Parks and Recreation Commission so this is not an appointment that Council actually makes. MOTION by Councilmember Bolkcom to reappoint J. Diane Savage to the Planning Commission. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Jorgenson stated that Susan Jackson stated that she was interested in appointment to the Appeals Commission. Councilmember Bolkcom asked if everyone on the Appeals Commission wished to be reappointed. Mr. Burns stated that Carol Beaulieau does not wish to be reappointed. Mayor Jorgenson stated that she thought that the vast majority of the members would be aware of Ms. 7ackson's involvement with the Charter Commission as well as the Human Resources Commission. That is fine if Council would like to have her come in for an interview. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 19 Councilmember Bolkcom stated that she personally does not know a lot about Ms. Jackson. In all fairness, she felt she should come in for an interview. Councilmember Billings asked if they advertise at all for openings on the Appeals Commission. Mayor Jorgenson stated that she was not sure. Mr. Burns stated that they have not. Councilmember Billings stated that staff had no knowledge of these appointments of people who have asked to be appointed. He knows that Mayor Jorgenson in the past has been quite insistent that they advertise for openings on the various commissions. Presentation of a name without that is a departure of the Mayor's position in the past. Councilmember Bolkcom stated that maybe they should do that to see who is out there and interested. Mayor 7orgenson stated that they would have to advertise fairly quickly. Mr. Burns stated that he could take care of that. There is one opening on the Appeals Commission and there is one opening on the EQEC and one position vacant by default on the Human Resource Commission. The Chair on the Cable Television Commission has not sent in a resignation but has moved out of town so that position should be advertised also. MOTION by Councilmember Barnette to reappoint all Commission members who have chosen to continue. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if the plan was to put an article in Focus News. Mr. Burns stated that was correct. Mayor Jorgenson stated that there may be some openings on the Charter Commission so he could put in an advertisement for that at the same time. 19. INFORMAL STATUS REPORTS: Councilmember Barnette stated that Ms. Gargaro has asked that he would acknowledge that the Fridley `49er Days will be 7une 15 through 7une 18. All of the activities except for the parade will be held at Columbia Arena. This includes the carnival, the Rocking Hollywoods and the White Sidewalls which will be there Friday and Saturday evenings. Craft sale registrations will be taken at the Municipal Center and will be inside Columbia Arena. A community garage sale will be held FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 20 outside of Columbia Arena. There will be food booths, a beer garden and a horseshoe tournament for a fund-raiser for Make A Wish foundation sponsored by Bob's Produce. Mr. Burns stated that he would advertise it in the newsletter. Mayor Jorgenson stated that in the last City Council meeting an individual spoke regarding a letter that appeared in Focus News about fundraising that is conducted by the seniors of the Fridley Senior Center and that the money ended up in the General Fund. Mr. Burns stated that he talked with Mr. Jack Kirk and learned that the funding did not go into any of the City funds. They called the individual who misunderstood this and explained the process. Councilmember Bolkcom stated that she went to the remodeling fair this weekend that was co- sponsored by the cities of Coon Rapids and Mounds View. She said it was nicely done, and there was a good crowd. She thanked everyone that was a part of the fair. Councilmember Wolfe thanked staff for the wonderful evening at the Employee Appreciation Dinner. Mr. Burns stated that Ms. Sara Hill, Director of Human Resources, worked really hard to put it together. Mr. Burns said Ms. Hill did a great job. Councilmember Bolkcom stated that after the meeting, she wanted to have a conversation with the City Attorney about a letter they received. Mayor Jorgenson stated that was regarding impending litigation against the City, and they could meet after the meeting. Councilmember Billings stated that there have been some e-mails in the last few days regarding meeting times that they had previously agreed on. He asked for clarification. Mayor Jorgenson stated that the times of the meetings that have been set up for various commissions are at 6:00 p.m. The meeting that was scheduled this evening had begun at 6:00 p.m.. Council has to be careful that they publish the correct times for the meetings. She has some concern about the times for the meetings. Councilmember Bolkcom stated that she thought they agreed that the time was good because then they would not have to wait until after the City Council meeting. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 2000 PAGE 21 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MARCH 20, 2000 CITY COUNCIL MEETING ADJOURNED AT 9:09 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor