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01/08/2007 - 00028939CITY OF COUNCIL MEETING CITY OF FRIDLEY JANUARY 8, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:29 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Varichak Councilmember Bolkcom Councilmember Saefke OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Layne Otteson, Assistant Public Works Director Richard D. Pribyl, Finance Director/Treasurer Paul Bolin, Assistant Executive Director of HRA OATH OF OFFICE: Councilmember, Ward 1: James T. Saefke Councilmember, Ward 2: Dolores M. Varichak Councilmember, Ward 3: Ann R. Bolkcom OATH OF OFFICE ADMINISTERED BY DEBRA A. SKOGEN, CITY CLERK. STATE LEGISLATIVE UPDATE Senator pon Betzold stated the legislative session began January 3 pursuant to State constitution which also requires they must finish the session by midnight, May 21. They are required by State law to present a two-year budget. He discussed the budget surplus. He thought some of the money will go into the budget reserve and some will go into buying down the interest. He said the top six bills introduced in the senate last week dealt with lowering property taxes, putting money into LGA, providing more health care and early education, transportation, energy, and the environment. Representative Carolyn Laine stated some of the bills that were just introduced include some LGA costs, most of them for school districts. She met with Metro Cities and they had a discussion about some things that were very relevant to the Fridley area. It would be very hard to revamp the LGA formula at this time but some of the smaller fixes are definitely on the table. FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 2 Representative Tom Tillberry stated they did start committee work Two of the four committees he belongs to are Education and then Taxes and Commerce. One of the things he wants to focus on is bringing kids in and getting them involved with government. Representative Kate Knuth stated she is serving on the Commerce and Labor Committee, the environment and natural resource finance division as well as the energy policy and finance. She did work as an environmental educator and her studies have been in biology and conservation. Senator Satveer Chaudhary stated he is chairing the Environment and Natural Resources Committee. They had a bill last year to try and expand Springbrook, but it did not get through. He would like to continue working on that. He is also working on the Agriculture Committee. One thing they will be seeing is comprehensive health care reform. The bill that was introduced is going to expand coverage for Minnesotans in terms of health care. They are going to be focusing on property tax relief, health care relief, education funding, energy independence, and the environment. Councilmember Barnette asked the Vikings stadium issue. Senator pon Betzold replied he did not know what the Vikings' plans are. Anoka County had been working for a couple of years with what they thought was a partnership. That fell apart in September. HRA UPDATE Paul Bolin, HRA, gave an overview of the Fridley Housing and Redevelopment Authority, its purpose, and programs and loans it offers. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 4, 2006. APPROVED. City Council Meeting of December 11, 2006. APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of December 6, 2006. RECEIVED. 2. Resolution Designating Official Depositories for the City of Fridley. FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 3 William Burns, City Manager, said staff recommends that Council designate Wells Fargo Bank of Minnesota as its official depository. Its recommendation is based on cost, convenience, and quality of service. ADOPTED RESOLUTION NO. 2007-01. 3. Resolution Designating an Official Newspaper for the Year 2007. William Burns, City Manager, said staff recommends the Focus News be designated the City's official newspaper and the Minneapolis Star Tribune be designated the City's second official newspaper. ADOPTED RESOLUTION NO. 2007-02. 4. Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. William Burns, City Manager, stated this resolution declares Council's intent to reimburse the costs associated with general obligation improvement bonds with the proceeds of a special tax levy. The proceeds of the bond will be used to cover the non-assessed portion of the costs associated with the 2007 neighborhood street improvement project. ADOPTED RESOLUTION NO. 2007-03. 5. Resolution Imposing Load Limits on Public Streets in the City of Fridley, Minnesota. William Burns, City Manager, stated this is an annual resolution allowing staff to publish a newspaper notice of load limits on a long list of City streets. The load limits will be in effect until the Anoka County Highway Department informs the City they are raising their limits. ADOPTED RESOLUTION NO. 2007-04. 6. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use. William Burns, City Manager, stated this resolution requests that the State release their MSAS funds for the 2007 neighborhood street reconstruction program. ADOPTED RESOLUTION NO. 2007-05. 7. Resolution Ordering Advertisement for Bids: 2007 Miscellaneous Concrete Repair Project No. 370. FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 4 William Burns, City Manager, stated this will provide a unit cost for repairs of curbs, gutters, and concrete street panels that are made necessary by street openings or work on driveways. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-06 8. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Sanitary Sewer Lining Project No. 371. William Burns, City Manager, stated $80,000 is budgeted in the sewer capital improvement plan to line three sections of the City's sanitary sewer system. The sections include 1,340 feet on 73 '/z Avenue, 760 feet along the south City limits easement from Matterhorn Drive to Buchanan Street, and 300 feet on Hugo Street. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007 - 07. 9. Approve Consulting Services Agreement between the City of Fridley and 3M Company for GIS Services. William Burns, City Manager, said the proposed contract provides for up to 80 hours of GIS consulting work per month for Fridley at a cost of $31,075 a year. The contract is between 3M and Fridley, Columbia Heights, and Andover. The contract had previously been provided by GIS Range Riders. Since GIS Range Riders had been acquired as part of 3M's Ttraffic Safety Systems Division, the contract is now with 3M Although there is a new working arrangement, the contract and the personnel will remain the same as in the past years. Staff recommends Council's approval. APPROVED. 10. Approve 2007 City Council and Staff Appointments. William Burns, City Manager, recommended the following City Council and staff appointments: Mayor Pro Tem: Councilmember-at-Large Barnette Anoka County Law Enforcement Council: Councilmember-at-Large Barnette, Representative; Councilmember Varichak, Alternate Metro Cities: Mayor Lund, Delegate; Councilmember Bolkcom, Alternate League of Minnesota Cities: Ann Bolkcom, Delegate; Councilmember Saefke, Alternate School District 13 Advisory Council: Councilmember-at-Large Barnette, Representative; Councilmember Bolkcom, Alternate FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 5 School District 16 Advisory Council: Councilmember Saefke, Representative; Councilmember Varichak, Alternate Northstar Corridor Development Authority: Councilmember-at-Large Barnette, Representative; Jon Haukaas, Public Works Director, Alternate Visit Minneapolis North: Debra Skogen, City Clerk, Representative. APPROVED APPOINTMENTS. 11. Appointment - City Employee. William Burns, City Manager, stated staff recommends the appointment of Perry Jones as a Fridley Police officer. He is Officer Jeff Schoeberl who is becoming part of the Anoka County Sheriff's Department. Staff recommends Council's approval. APPROVED APPOINTMENT. 12. Claims (129818 — 130128). APPROVED. 13. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Tom Myhra, 6360 Able Street NE, asked what is going to happen with the Comprehensive Plan. He presented a book to the Mayor and City Council. FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 6 Mayor Lund stated possibly by the ne�t meeting they can announce a tentative schedule of the Comprehensive Plan. Toni Swanson, 524 Fairmont Street, asked if anyone had any updates on what is going on with the Texaco station at 8880 East River Road. Scott Hickok, Community Development Director, stated they did serve the property owner. The owner has 28 days to respond and would need to respond by January 18. If they have not provided a proper response by the 19th, the City could with the court's permission begin demolition. PUBLIC HEARING: 14. Consider the Building Located at 136 Horizon Circle Hazardous and Order its Removal or Repair Pursuant to Minnesota Statutes, Section 463 (Ward 3) (Continued December 11, 2007). MOTION by Councilmember Bolkcom to remove the item from the table and waive the reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND ITEM WAS REMOVED FROM THE TABLE AT 8:27 P.M. Scott Hickok, Community Development Director, stated at the last meeting they had a public hearing regarding this property. There was a resolution being requested of the Council authorizing and approving staff moving ahead with the demolition of this structure as well if a plan was not in place within the required 20 days. The house was purchased and the closing was held on December 19. Since that meeting, the new owners have had contractors and soil engineers working on a solution for this property. Staff would recommend allowing some time for the new owners to get their plan in place and recommend keeping the hearing open until the second meeting in February. Councilmember Bolkcom asked if staff is comfortable that there is no increased risk by waiting. Mr. Hickok replied one of the City's concerns on December 11 was that the house was sitting vacant and the future of the home was uncertain. Any time a foundation is deteriorating is a problem for the City. When the City knows that it needs to act swiftly. The owners are now out and no one is living in there. The property has changed hands and all of the right things are happening. Staff believes the risk has been contained to the point that staff is comfortable allowing time for them to come back with a plan. Attorney Knaak stated it is important to remember that the purpose of the process is for the protection of the public. As a practical matter in these kinds of cases, when it arrives at court, the only time you ever really see a house immediately demolished or a structure immediately FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 7 demolished is when there is no one in it and no one is responding. The court is not interested in imposing any kind of e�treme sanctions on anybody and it is not in the business of being punitive, it is in the business of getting a result. Even if the City would have gone forward in this kind of case, you would be in a situation where the court would be asking those kinds of questions especially if the owner is represented. So this is one of those situations where the City, by deferring, has basically offered a gesture to the owners that they are prepared to hold off on this legal action and do what the court would probably make them do and that is to sit down and try and negotiate. The City is not in any way prejudiced legally by taking this action. Councilmember Bolkcom asked if staff was asking them to continue the public hearing and table the resolution. Mr. Hickok replied, yes, that is correct. Dr. Burns stated the resolution was attached to the hearing information but it was not listed as an agenda item. The resolution was there in case the Council chose to adopt the resolution tonight. He asked whether it needs to be tabled if it was not on the agenda. Mr. Knaak replied if it is in the packet, even though it is not acted upon necessarily, his recommendation is that they continue it. He agrees if it has not been put on as an agenda item, ordinarily he would not say that. However, given the fact it is a quasi judicial action, he would not want to create a technical reason for someone to object subsequently. Valerie Tatley, the homeowner, 115 Horizon Circle N.E., approached and stated she can give them a timetable. There is a dumpster at the house. She thinks the other family is in the process of cleaning out probably about 40 to 50 years worth of stuff. It is going very well. The soil boring samples have already been taken and they are waiting to hear the results. When they bought the property they had not even seen what the actual damage was. They had originally intended on just buying it for the property alone because of the location. The actual damage that occurred in the home is completely repairable. They have had seven different contractors who have said they can fix it. Mayor Lund asked if the work will have started if this is continued until the second meeting in February. Ms. Tatley replied yes. Their goal is to have this thing done hopefully by June. Mayor Lund said because of the safety issue, he assumes the foundation is one of their first objectives. Ms. Tatley said it was. Councilmember Bolkcom stated if they were to continue this, it is for a plan to be in place, not that the work needed to be completed by February 26. FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 8 Mr. Hickok replied correct. The City's only position on the question as whether to leave this open and go to February or not, they have been very impressed with Ms. Tatley and her fiance and the group they have been working with. There is no doubt they will get the work done; however, in any situation like this it would provide for them a safety net just to make certain. MOTION by Councilmember Bolkcom to continue the public hearing to February 26, 2007. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING MOTION CARRIED UNANIMOUSLY CONTINUED TO FEBRUARY 26, 2007. AYE, MAYOR LUND DECLARED THE AND THE PUBLIC HEARING WAS MOTION by Councilmember Bolkcom to table the Resolution Ordering the Removal or Repair of a Hazardous Building Pursuant to Minnesota Statutes Section 463, Located within the City of Fridley, Minnesota, to a date uncertain. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 15. Approve City Licenses for JWBB, Inc., d/b/a Baggan's Pub, Generally Located at 3720 East River Road (Ward 3). Richard Pribyl, Finance Director, stated this is the liquor license approval for JWBB, Inc. which will be doing business as Baggan's Pub. The public hearing on this matter was held initially on November 12 and was continued to December 4 and then to December 11, at which time it was closed. When it was closed, the license was to be scheduled for issuance this evening. At this time, staff feels the issues have been addressed and they recommend the City Council approve the license with the following stipulations: 1 2. 3. That the license not be issued until the Anoka County Health Department, the Fridley Building and Mechanical Inspectors and the City Fire Marshall have given their approval to open and operate a restaurant. That the State of Minnesota has approved the liquor license. That the license be issued for a 16-month period to expire Apri130, 2008. This particular license would then be issued for a duration of 16 months based on the timing related to the approval of this particular liquor license and renewal period that would actually be entered into within the ne�t month or two, so the City does not actually subject the owner to going back to a renewal process probably within the same month he acquired his liquor license. Councilmember Bolkcom stated she does not remember doing anything like this before. She is a little concerned about approving a license with stipulations related to issues that are still there. She understands they have made a lot of improvements. FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 9 Mr. Pribyl stated the last few licenses have actually been issued this way. Most of the time when the City issues a liquor license, the restaurant is not yet completed. The City actually issues the license and it is held by staff until those building components have been satisfied and the City and Anoka County are satisfied that the applicants can actually open as a restaurant. At this point in time, the applicant has satisfied staff in that he understands the City Code, understands what the requirements are, and is working with Anoka County and the Fridley building and mechanical inspectors and is moving quite diligently through the construction phase. This is really not much different than the last few liquor licenses the City has issued on new applicants, such as Appleby's. That license was issued prior to the opening of the restaurant. Councilmember Bolkcom said the applicant really does not get a liquor license until the stipulations have been met. Mr. Pribyl replied Council is actually approving it and staff is holding it until the stipulations have been met. William Burns, City Manager, asked if the organization structure issues have been resolved. Mr. Pribyl replied the applicant understands exactly what his requirements are related to the food and liquor sales on the premise related to the definition of a restaurant and actually the requirement related to that ratio on the food to liquor. Dr. Burns asked if staff has determined that the Oops Dinner Theater food and liquor sales are part of the Baggan's Pub food and liquor sales or if they are totally separate. Mr. Pribyl said that will be incorporated as the overall sales on that premise so he will have to take that into account--both the sales related to the theater and the sales related to food and alcohol. That is understood by the applicant. Councilmember Barnette asked if the liquor license is being given to Baggan's Pub. Mr. Pribyl replied correct. Councilmember Barnette stated Oops Theater is going to operate in the other part of the building and will also be selling liquor, correct? Mr. Pribyl replied they will actually have liquor dispensed on that side by Mr. Busick under his license. Councilmember Barnette asked so the 40/60 ratio will combine both the Pub and the Oops Theater. Mr. Pribyl replied that is correct. Councilmember Barnette asked why the license was just to Baggan's Pub and not Oops Theater. FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 10 Mr. Pribyl said Baggan's Pub includes the entire perimeter of the building itself. It is up to Mr. Busick what activities he has going on inside such as entertainment. It is basically similar to an entertainment license. So he is actually providing the theater as part of his entertainment. MOTION by Councilmember Bolkcom to approve the City licenses for JWBB, Inc., d/b/a Baggan's Pub, located at 3720 East River Road, with the following stipulations: 1. That the license not be issued until the Anoka County Health Department, the Fridley Building and Mechanical Inspectors and the City Fire Marshall have given their approval to open and operate a restaurant; and 2. That the State of Minnesota has approved the liquor license. 3. That the license be issued for a 16-month period to expire Apri130, 2008. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. Special Use Permit Request, SP #06-14, by BWBR Architects, for Unity Hospital, to Consider the Expansion of an Existing Hospital Building in an R-1, Single-Family Residential Zoning District, Generally Located at 550 Osborne Road N.E. (Ward 1). Scott Hickok, Community Development Director, stated Shannon Bambery of BWBR Architects is a representative of Unity Hospital, and they are proposing two changes for the hospital. One is a special use permit request to allow the expansion of their existing building which is in an R-1 District. The second part they are doing is remodeling the interior space of the hospital. The portion of the hospital that requires additional space has been there since 1984. The proposed expansion involves a second story over the existing surgery area which was built in 1994. It is not expanding the footprint of the building. The expansion is approximately 9,600 square feet and will be connected internally on the southeast area on the same level. They will be able to go up by stairs or by elevator from the emergency area so that will become part of their triage or emergency area. There will also be 2,200 square feet of space that will allow for future expansion within that shell which is good space planning. It allows them an opportunity to expand later without coming back and asking for a shell expansion or another special use permit. Mr. Hickok stated a special use permit is not needed to remodel, and typically they would go to the Building Division for that. However, to be perfectly clear what they are doing, they have included it in with their special use permit request. The remodeled area consists of approximately 11,000 square feet including the existing trauma to be remodeled, and treatment and exam areas. The proposed expansion will create larger exam rooms, private settings for waiting patients, a second-story staff work station, and an expanded first-floor staff area. The proposed expansion will not increase the number of beds. This is basically to make their space inside more efficient. FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 11 Mr. Hickok stated the property is zoned R-1, Single Family Residential, as is most of the surrounding property. The property is approximately 35 acres in size. The hospital campus is comprised of a hospital, associated buildings, parking lots, and landscaped area. The initial hospital was built in 1969. Subsequent special use permits have been issued to allow expansion. In 1984, the City Council approved a special use permit to add approximately 43,000 square feet to the trauma, treatment, and exam area. Additionally in 1984, the City Council approved a special use permit to allow expansion of the parking lot to meet the demands for that new addition space. Mr. Hickok stated in 1994, Council approved a special use permit for a surgery addition. In 2000, the City Council approved a special use permit for a minor addition to the building that included an interior second-story ICU unit. In 2002, the hospital added 80 parking stalls and ponding associated with that new hard surface. Landscape fencing along Lyric Lane was added in 2003. The hospital has been good at working with adjacent property owners' concerns. Hospitals are permitted as a special use in the R-1 single-family district subject to stipulation. The property complies with all setback and lot coverage requirements. Mr. Hickok stated at the September 6 Planning Commission meeting, a public hearing was held on this item. After the discussion, a special use permit was approved with a revision to Stipulation No. 6 and that was to request 36 additional stalls on the hospital grounds. One of the City's concerns when analyzing this was that for a period this summer they noticed an abundance of cars and some had parked off the hard surface. After speaking with officials from the site, they learned that Unity was having computer work done. Now that the work is done, they are not seeing the problem anymore. Mr. Hickok stated typically now there are cells available on this site surrounding both the professional building and hospital building. The petitioner has requested an opportunity then as to conduct further parking studies to verify this additional parking is unnecessary. Staff finds this to be reasonable. By allowing them to do this study, it would allow them to size the parking lot to the demands as opposed to having additional asphalt that is not necessary. Staff has further reworded Stipulation No. 6 to require a revised proof of parking plan that increases parking by 36 stalls. Mr. Hickok stated a resident from the neighborhood across Lyric Lane contacted the City regarding concerns about lack of screening between the hospital and the single-family homes on Lyric Lane. Staff inet with that resident, they did a site analysis and, as a result, staff is recommending two additional stipulations regarding landscaping and screening that were not available at the Planning Commission meeting. Staff agrees with the concerned resident that the view across from the residential property on Lyric Lane is one that could be enhanced. There is mechanical equipment, there is parking, and unfortunately they might have noticed on the aerial the most compressed area, the area that is closest to that residential across the street is probably the most open with a driveway and limited opportunity for landscape in that area. So they are recommending that it be looked at and a landscape plan be submitted. The petitioner has been considering screening options for its mechanical equipment and is prepared to share some of those ideas with them this evening. FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 12 Mr. Hickok stated staff recommends that the special use permit for this project be granted with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, fire, and ADA requirements. 3. The subject property shall be maintained free of any and all construction debris. 4. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. (on Saturdays that changes 9:00 a.m. when they can start). 5. The addition shall be architecturally compatible with the existing building and finished with complementary e�terior building materials and color scheme. 6. The petitioner shall provide a revised proof of parking plan that increases parking by 36 stalls on the southern side of the parking lot, according to the parking plan dated October 19, 2004, to be reviewed and approved by staff prior to issuance of building permit. 7. Petitioner shall provide a revised site plan to include 115 parking stalls as proof of parking in the northwest corner of the property as shown on parking plan dated October 19, 2004, to be reviewed and approved by staff prior to issuance of building permit. 8. Petitioner shall submit grading and drainage and storm water management plan for the additional parking areas to be reviewed and approved by the City engineering staff prior to issuance of the building permit. 9. Petitioner shall develop a landscape plan to screen the southeast parking areas facing Lyric Lane to be reviewed and approved by staff prior to issuance of the building permit. 10. Petitioner shall develop plans for mechanical screening on the south side of building which are acceptable to staff and file a letter of intent to install mechanical screening prior to issuance of building permit. MOTION by Councilmember Bolkcom to receive into the record two letters dated December 15 and December 31, 2006, from Suzanne M. Holm along with five photographs, and a memorandum from Timothy B. Grote, Director of Support Services, dated December 6, 2006. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked about Stipulation No. 4 and if the time for Saturday should be spelled out in the stipulation. Mr. Hickok replied it is spelled out in the ordinance. If they like they can modify that. Councilmember Bolkcom asked Mr. Hickok if he has any more comments related to the parking report. Mr. Hickok replied this is a very proactive stance on petitioner's part. They did go out in anticipation of doing expansion and analyzed their parking situation. Of course customer service FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 13 is key to them and they want to make certain their patients have parking spots as well and their professional staff. They also have concerns about putting in additional parking and not having it be used. Staff does think this is probably the best solution. They are one step closer this way to having the parking installed. Councilmember Bolkcom asked whether they have had complaints from the neighborhood related to people parking on the street. She knows there is some one-hour parking posted around there. On her way home today she saw a fair amount of cars parked on Lyric Lane. Mr. Hickok replied, yes, there was a time when staff was getting a number of complaints along Lyric. He thinks the posting of signs has changed that. Also, the hospital has a very proactive stance. There was also a smoking issue. People were parking close to the building so they could use their car as sort of a smoking lounge and that was troublesome for adjacent property owners, and the hospital was very good to react to that when the City got complaints. The City contacted them and the complaints seemed to go away. About the only on-street parking concern he has heard is that some people do not like the two-hour parking along Madison because they would prefer to park there, it seems to be closer to the door. Councilmember Bolkcom asked whether anything can be done with the smokestack She also asked about Stipulation No. 5. Shannon Bambery, BWBR Architects, noted with the pictures of the screening of the equipment, it is all existing equipment on that rooftop. It is not associated with the project but they are aware of the comments from the neighbors. As it has been stated, they are looking at some solutions to help screen that equipment. They do feel there are a number of potential solutions. In general, the leading candidate for a mechanical screen would be the type that is a metal louver that would screen the visual line from the neighbors of most of the equipment on the roof and still allow airflow which is critical. Structurally there are issues with whether that screen can go all the down to the roof level or not. They do not have the engineering completed on that yet. Mr. Bambery stated with respect to the Code, and the snow boating calculations have changed in the last few years, it is a little more complicated than that as kind of dry. Effectively, by introducing a wall out at that edge, you would be able to trap more snow than would otherwise drift off the roof. He presented a couple of pictures showing an example of the screen wall that was completed at a recent project in downtown St. Paul. They have worked diligently since the Planning Commission meeting to look at what those options might be. A second piece of that is the landscaping options. There are a number of items that to come into play when looking at the existing tree type and what can be used to fill in additional landscaping. There are also some other additional issues regarding the utilities. Mayor Lund asked about the smokestack. He said it was a hard thing to screen. Timothy B. Grote, Unity Hospital, stated they have not really done anything because you cannot keep it painted very well with 450-degree heat coming out of it. Ideally trees could do it but, unfortunately, they are dealing with some pretty large utility issues with planning any large FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 14 conifer type trees that would help screen that smokestack They have talked to City staff about planting some shrubbery. He believes the ordinance requires a 30-inch high screen where there is any parking and headlights were shining into the residential area. With snow removal trucks going through there it is very hard to maintain plant life. Over to the east towards Madison there are some holes in the landscape. There are no utilities in that area, and they can increase the screening for the homes across there. They are looking at putting several large conifer trees there. Councilmember Bolkcom asked if they have rain garden potential. Mr. Hickok replied there may be. They do have one in their parking plans on the northwest corner. Councilmember Varichak asked who maintains the shrubbery that is put in to cover the distraction. Mr. Grote replied the hospital would. They do have irrigation in the area so they have the best chance of survival but more than likely they would be replacing it every couple of years. Mayor Lund asked Mr. Grote if he had any problems with the stipulations. Mr. Grote said they really do not. They understand the residents' issues. They are going to be restricted to some degree on what they can and cannot do as far as the screening. Councilmember Saefke asked if the proposed screening plan would be shown to the residents. Mr. Hickok replied typically they would use their discretion on that. They have had a very nice visit with the resident who was concerned about the property who is here this evening. They are welcome once the information is here to come in and take a look at it. They will do the best they can. Councilmember Saefke asked if the plans would be brought before the Council. Mr. Hickok replied typically not. Council would rely on staff in their professional ability to analyze that. Suzanne Holm, 7424 Melody Drive, approached and thanked everyone and stated they all have concerns about the hospital in the sense it is big, much bigger than it was when they first moved there and they all know as Council does that it is truly an asset. She wanted to make the point that it is a co-dependency issue, the residents rely on them and they rely on the residents also. MOTION by Councilmember Saefke to approve the Special Use Permit Request, SP #06-14, for Unity Hospital with the following ten stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, fire, and ADA requirements. FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 15 3. The subject property shall be maintained free of any and all construction debris. 4. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 5. The addition shall be architecturally compatible with the existing building and finished with complementary e�terior building materials and color scheme. 6. The petitioner shall provide a revised proof of parking plan that increases parking by 36 stalls on the southern side of the parking lot, according to the parking plan dated October 19, 2004, to be reviewed and approved by staff prior to issuance of building permit. 7. Petitioner shall provide a revised site plan to include 115 parking stalls as proof of parking in the northwest corner of the property as shown on parking plan dated October 19, 2004, to be reviewed and approved by staff prior to issuance of building permit. 8. Petitioner shall submit grading and drainage and storm water management plan for the additional parking areas to be reviewed and approved by the City engineering staff prior to issuance of the building permit. 9. Petitioner shall develop a landscape plan to screen the southeast parking areas facing Lyric Lane to be reviewed and approved by staff prior to issuance of the building permit. 10. Petitioner shall develop plans for mechanical screening on the south side of building which are acceptable to staff and file a letter of intent to install mechanical screening prior to issuance of building permit. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to amend Stipulation No. 4 to state "Construction vehicles shall not bring materials before 7:00 a.m. (Monday through Friday) or before 9:00 a.m. (Saturday) and after 9:00 p.m. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. Informal Status Reports Mr. Hickok said the Recycling Coordinator has prepared the 2007 recycling drop off schedule. The first one is Saturday, April 14, and that will include major appliances, electronics, fluorescent bulbs, tires, car and lawnmower batteries, plus reusable furniture. There will be other ones held on June 9, August 11, and October 13. You can contact Rachel Harris at 763-572- 3594 to find out what will be collected on those dates. Councilmember Bolkcom asked if they were on the City's website. Mr. Hickok said they will be on the City's website. FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2007 PAGE 16 Mayor Lund said a new exhibit, PicturingAnoka County: ISO Photos for ISO Years, will open at the Anoka County History Center and Library, on January 16, 2007 at 7:00 pm. The public is invited to attend the opening, without admission charge, and to participate in a reception following. This event kicks off a full year of Sesquicentennial events. ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Saefke, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:44 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor