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10/15/1990 - 00006580� � � oz� THE MINUTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBBR 15, 1990 The Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: Councilwoman Jorgenson PRESENTATION OF PROCLAMATION: CRIME PREVENTION MONTH. OCTOBER. 1990: Mayor Nee read and issued a proclamation proclaiming the month of October, 1990 as Crime Prevention Month. He encouraged all citizens, businesses, and institutions to increase their crime prevention participation, organize crime watch neighborhoods, and receive Fridley neighborhood crime watch signs. Mayor Nee presented this proclamation to the Police Department's crime prevention mascot, McGruff, the Dog, who thanked the Mayor for taking a bite out of crime in the City of Fridley. INTRODUCTION OF NEW FIREFIGHTER: Mr. Aldrich, Fire Chief, introduced Kevin Swanson, Fridley's new full-time Firefighter. He stated that Kevin has been a paid on- call firefighter with the City for nine years. He stated in addition to his £ire suppression skills, Kevin is a nationally registered emergency medical technician and has a wide range of mechanical skills. Mr. Aldrich stated that he was pleased to have a person of Kevin's caliber join the Fire Department as a full-time employee. APPROVAL OF MINUTES: COUNCIL MEETING, OCTOBER 1. 1990: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , � � 02G FRIDLEY CITY COUNCIL MEETING OF OCTOSER 15.1990 PAGE 2 ADOPTION OF AGENDA: The following item was added to the agenda: (22-1) Change Order No. 1 with Keys Well Drilling Company for Monitoring Wells at Commons Park, Project No. 208. MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Art Moreau, Commander of Fridley's American Legion Post, submitted a$2,250.00 donation to the Police Department's D.A.R.E. program. Mr. Hill, Public Safety Director, stated that this donation will help the City continue the D.A.R.E. program. He stated that a similar contribution has also been pledged from the Lion's Club. He stated that the D.A.R.E. program educates children to keep them away from drugs and operates throughout the country. He stated that it is hoped, in time, this program will reduce drug use. Mr. Hill thanked the American Legion for this donation. PUBLIC HEARINGS: 1. PUBLIC HEARING ON THE ISSUANCE OF AN ON-SALE INTOXICATING LIOUOR LICENSE TO THE MOOSE IADGE FOR THE PROPERTY LOCATED AT 8289 UNIVERSITY AVENUE N.E.: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:39 p.m. Mr. Pribyl, Finance Director, stated that this public hearing is for the issuance of an on-sale intoxicating liquor license for the Moose Lodge at 8289 University Avenue. He stated that if the Council approves this license, it would not become effective until October 25, 1990 when the new ordinance goes into effect. No persons in the audience spoke regarding the issuance o£ this on- sale intoxicating liquor license. MoTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:40 p.m. �I � 1 �27 FRIDLEY CITY COIINCIL MESTING OF OCTOBER 15.1940 PAGE 3 PUBLIC AEARING ON A REGISTERED LAND SURVEY, P.S. #90-05. BY DAN SULLIVAN TO CREATE TWO TRACTS. TRACT A AND TRACT B, TO SIMPLIFY EXISTING LEGAL DESCRIPTIONS. GENERALLY IACATED AT 1161 REGIS LANE N.E.: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:41 p.m. Ms. Dacy, Planning Coordinator, stated that this proposed registered land survey subdivides an 80 by 665 foot parcel into two tracts which is currently described by metes and bounds. She stated that the parcel is located south and adjacent to property at 1161 Regis Lane and that this subdivision would create Tract A and Tract B to simplify existing legal descriptions. Ms. Dacy stated that Anoka County requested that the petitioner process the subdivision in this manner to eliminate the metes and bounds description and clear the title to this property. Ms. Dacy stated that the Planning Commission recommended approval with no stipulations. She stated that there is a resolution on the Council's agenda this evening to approve this registered land survey. She stated that a resolution will also be forthcoming in the next month to approve the original plat as this was not approved due to the legal issues regarding the description. No persons in the audience spoke regarding this proposed registered land survey. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:44 p.m. 3. PUBLIC HEARING ON A PRELIMINARY PLAT. P.S. #90-04, BY TARGET NORTAERN DISTRIBUTION CENTER 2ND ADDITION, BY DAYTON-IiUDSON CORPORATION TO ADD A 70 X 1.100 FOOT STRIP OF PROPERTY TO TARGET�S EXISTING PROPERTY. WHICH IS NOW PART OF M.T. PROPERTIES' RAILROAD RIGHT-OF-WAY, GENERALLY LOCATED WEST OF HIGHWAY 65 AND SOUTH OF THE TARGET NORTHERN DISTRIBUTION CENTER BUILDING: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:44 p.m. - �2� FRIDLEY CZTY COiJNCIL MEETIN6 OF OCTOSER 15 1990 PAGE � � Ms. Dacy, Planning Coordinator, stated that Target is proposing to acquire a strip of property from the Minnesota Transfer Railway Company. She stated that on the zoning map this strip has not been assigned a zoning district and if this plat is approved, the petitioner will submit a rezoning proposal. She stated that the purpose of this acquisition is to provide additional parking and maneuvering area for Target�s vehicles, as well as storage for some pallets. She stated that this strip of land is located under the existing power line from Highway 65 west along the rear of the Northco property. Ms. Dacy stated that the Planning Commission recommended approval of the plat with some stipulations. She stated that sta£f is working with Target to resolve the landscaping issue. She stated that a resolution for approval of the final plat will be presented to the Council in November. Mayor Nee asked if the Minnesota Transfer Railway Company has no further use of the right-of-way. Ms. Dacy stated that Minnesota Transfer Railway Company ielt they could convey this particular strip to Target as they do have additional right-of-way. She stated that their railroad track is not located exactly on this particular strip and involves only a ' portion of the existing right-of-way. No persons in the audience spoke regarding this proposed preliminary plat. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:48 p.m. 4. PUBLIC HEARING ON A REZONING REOUEST. ZOA #90-05, BY AL SCHRADER, TO REZONE LOTS 7. 8, AND 9. BLOCK 1, CENTRAL VIEW MANOR, FROM M-1. LIGHT INDUSTRIAL, TO C-3, GENERAL SHOPPING, GENERALLY LACATED AT 7355 HIGHWAY 65 N.E., FOR THE CONSTRUCTION OF AN "AUTO MALL" AND A RESTAURANT: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:48 p.m. Ms. Dacy, Planning Coordinator, stated that this property is located on the northeast corner of 73-1/2 Avenue and west of and adjacent to Central Auto Parts. She stated that the parcels to the � east and south are zoned M-1 and parcels to the west and north are az� FRIDLEY CITY COUNCIL ME&TIN6 OF OCTOBER 15 1990 PAGE 5 � zoned C-3. She stated that the proposal is to rezone three lots from M-1 to C-3 to form the southeast part of the proposed site for an auto mall. Ms. Dacy stated that the Planning Commission recommended approval of this rezoning subject to two stipulations which she outlined. Mr. John Buzick, 14850 Butternut Street, Andover, and an adjacent property owner, stated that he has a problem with flooding on his property and, with development of the Super-America station and Hydraulic Specialties, ponding is not sufficient for this area. He stated that he is in favor of Mr. Schrader's development, but the water problem needs to be addressed. Mr. Buzick stated that water from the trailer park drains onto his land and in order for development to occur, the area will have to be filled which would probably create a greater water problem. Mr. Flora, Public Works Director, stated that a permit would have to be obtained from the Rice Creek Watershed District when the property is developed and the quantity and quality of water leaving the site can be no greater than before development occurred. He felt a water retention pond would have to be constructed on-site. Mr. Buzick stated that he is being flooded each year by water that � should be retained on other areas. Mr. Flora stated that as each site is developed, there are detention ponds provided on-site, however, some of the older parcels do not have any detention facilities. Councilman Schneider stated that he understands Mr. Buzick has a problem with flooding even before this site is developed. Mr. Buzick stated that some of the sites have been filled and now there is water draining on his property. He stated that 73-1/2 Avenue sometimes becomes a river that drains on his property. He stated that Super-America is not retaining all the water they should be holding. Councilman Schneider asked Mr. Flora to check into this issue. Mr. Larry Falck, 1135 - 73-1/2 Avenue, asked what type of street improvements are proposed for this development. Mr. Flora stated that there are no planned improvements for 73-1/2 Avenue. Ae statad that at some time in the future, Viron Road may be extended and the median on Highway 65 would be closed. He stated that these are the only street improvements forecasted for this area. � Mr. Falck asked how it is proposed to move traffic in and out of this site. ��� FRIDLBY CITY COIINCIL MESTINQ OF OCTOSER 15,1990 PAGE 6 � Ms. Dacy stated that the develoger was asked to submit a traffic study. She stated that in this study, it was found the majority of the vehicles would come through the 73rd Avenue intersection. She stated that by keeping the 73-1/2 Avenue intersection open, this provides another means for traffic to go north out of the development instead of overloading the 73rd Avenue intersection. She stated that the traffic statistics presented are consistent with roadway capacities that now exist. She stated that if the site was developed as a retail aenter, the peak hour trips may be slightly less, but there would be more trips during the day and probably cause more problems. Mr. Falck stated that it seems like a large project for the site with limited access. Ms. Dacy stated that there is access and every means to get in and out of that site. Mr. Mike Schrader, representing the petitioner, stated that in response to the traffic issues, a traffic study was completed at the City's request. He stated that although traffic would increase, as with any increased use of the site, the specifications for the street are adequate and easily provide the ingress and egress for the site. � Mr. Schrader felt that the traffic generated from the auto mall is less than a retail use such as a shopping center or grocery store. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:07 p.m. 5. PUBLIC HEARING ON THE SALE OF EXCESS PROPERTY ON LOT 3 AND PART OF LOTS 2 AND 3. BLOCK 1. CENTRAL VIEW MANOR. GENERALLY IACATED AT 73-1/2 AVENUE AND T.H. 65: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dealared the motion carried unanimously and the public hearing opened at 8:10 p.m. Mr. Robertson, Community Development Director, stated that this property is located at the northeast corner of the frontage road at 73-1/2 Avenue and was acquired by the City in 1983 as a possible well site. He stated that as the City has no use for this parcel, it is recommended it be transferred to the HRA for redevelopment purposes in the Onan TIF district. He stated that the size oP this � surplus property is approximately 18,500 feet. 03i FRIDLBY CITY COUNCIL MSSTZNQ OF OCTOBER 15 1990 PAGE 7 � No persons in the audience spoke regarding this proposed sale of excess property. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:12 p.m. OLD BUSINESS• 6. APPOINTMENT TO THE APPEALS COMMISSION: MOTION by Councilman Schneider to table this item. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. ORDINANCE NO. 957 TO REPEAL IN ITS ENTIRETY CHAPTER 605 OF THE CITY CODE OF THE CITY OF FI2IDLEY. MINNESOTA, ENTITLED "INTOXICATING LIOUOR--CLUBS" AND TO ESTABLISH A NEW CT-IAPTER 605 ENTITLED "INTOXICATING LIOUOR--BOTTLE CLUB PERMIT" AND AMENDING CHAPTER 11, "GENERAL PROVISIONS & FEES": MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 957 and adopt it on second reading and order � publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 30, ENTITLED °CHARITABLE GAMBLING° BY RENAMING THE CHAPTER "LAWFUL GAMBLING" AND AMENDING SECTION 30.03: Mr. Hill, Public Safety Director, stated that the State Legislature passed a statute on comprehensive gambling regulations, and he received calls from organizations who currently hold gamblinq licenses in the City. He stated that one of the items in the City�s ordinance that was in conflict with the State statute was prohibiting booth workers to announce winners. He stated that there also was some question regarding limitation on the amount that organizations could pay for rent in liquor establishments. Iie stated that the City's ordinance limited it to $l00 per week and the State statute allowed up to $600 per month. Mr. Hill stated that with the changes by the State, it became obvious the City's ordinance had to be reviewed. He stated that these issues have been discussed with the Council and an amendment to the City's charitable gambling ordinance has been drafted, as well as an amendment to applicable sections of the liquor ordinance that relate to sales. He stated that one of the significant changes in the statute explicitly stated that if a City were to � have a more stringent regulation that it must apply equally to all forms of charitable gambling. ��2 FRIDLEY CITY COIINCIL MEETING OF OCTOBER 15 1990 PAGE 8 �Mr. Hill stated that because the proposed changes would have an _ effect on organizations in Fridley, he spoke personally with representatives of these organizations to make sure they understood the amendments and the existing ordinance. He stated that the only concern expressed to him from the veterans' organizations related to the control of gambling managere' salaries and salaries of the booth workers. He stated that he is recommending the City not include this restriction in the ordinance. Mr. Hill stated that the major changes and proposed amendments are as follows: (1) expand provisions of all forms of lawful gambling throughout the City rather than just pull-tabs; (2) expands local authority to all licensed organizations conducting lawful gambling in the City rather than just to retail intoxicating liquor establishments; (3) changes the requirement to contribute 10$ of the net profits within the City to fifty percent within the Fridley trade area; (4) estahlishes a fund administered by the City in which 5� of net profits are passed through to eligible organizations; (5) eliminates most local game operation regulations; (6) eliminates employee compensation restrictions; (7) increases allowable zent from $100/week to $600/month; (8) applies the 3� local gambling tax equally to all organizations; and (9) specifies by ordinance, specific gambling prohihitions in retail beer and intoxicating liquor establishments. � Mr. Gene Rafferty, Vice-COmmander of the American Legion, stated that the American Legion has three areas of concern with this proposed ordinance, but thanked Mr. Hill for clearing up a lot of misconceptions. He stated that one area of concern is the 3% local gambling tax. Ae stated he understands that this three percent tax is a mastimum and since several more organizations will be added, it may be possible to decrease this percentage and if there is a deficit, it could be raised up to three percent. Mr. Rafferty stated that another area of concern is the distribution of the charitable gambling funds in the trade area. He felt that the County should be included in this trade area as they have made donations to the Anoka County Sheriff's Department which will benefit Fridley. He felt that the trade area needed to be re-defined. Mr. Rafferty stated that the other concern is the five percent of net profits to the City. He felt that this five percent could gradually increase where it became ten percent. He felt that this requirement substitutes the Council's judgement for their policy making decisions in distributing funds to the community. Mr. Rafferty requested the Council allow time for their organization to review these proposed changes with their � memUership. �3� FRIDLBY CITY COUNCIL MEETINQ OF OCTOBER 15 1990 PAGE 9 � Mr. Griff Arnold, Commander of the VFW Post 363, stated that there are a lot of donations the VFW has to make to veterans' organizations. He stated that last year they gave $77,000 to the Veterans Hospital for telephones. Ae felt that the trade area should be reviewed. Councilman Schneider felt that the organizations should review where their contributions have been made over the last several years since they may, in fact, be complying with these proposed changes in regard to the trade area. Mr. French, Gambling Manger for the Knights of Columbus, felt that their organization would not have a problem meeting the requirement for expenditures in the trade area. He stated their one concern is that the ordinance contain provisions for a bingo hall since they could not survive without the rental of their hall. Mr. Aill stated that there is nothing in the City's current ordinance or the proposed amendments that would prohibit the Rnights of Columbus from conducting their bingo operations. Mayor Nee asked that the Knights of Columbus supply information to whom they have made contributions. � Mr. Glen Van Hulzen, 901 Overton Drive, President of the Fridley Tiger Boosters and past-President of the Fridley Xouth Association, stated that the veterans organizations have contributed much to the youth in Fridley. He stated that their annual contributions make it possible for any youth to participate in sports and use first rate equipment that would not have been possible without their support. Mr. Van Hulzen stated that the veterans' organizations have a formal process for determining where their funds will be spent. He stated that he has nothing against governmental organizations, but has seen where decisions made by government sometimes were not in the best interests of all. He stated that the veterans' organizations have done only the best for Fridley and to put constraints on how they should use their funds is like a"slam in the face'�. He urged that the veterans' organizations be allowed to contribute to the City as they have done in the past. Mr. Maynard Nielsen, Gambling Manager for the Fridley Lion�s, stated that the Lion's Club was in agreement with the amendments, but questioned the five percent. He stated that speaking as a Fridley resident, he would like to see the contributions from charitable gambling remain in the City. MOTION by Councilman Billings to table this item. Seconded by � Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 0 31� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 15.1990 PAGE 10 ' Councilman Schneider asked Mr. Rafferty how much time the American Legion needed to review these proposed amendments. Mr. Rafferty stated that this issue would be discussed at the membership meeting on November 5, 1990. Mayor Nee suqgested that any of the organizations which may have further questions be in contact with Jim Hill before this item comes back to the Council. He expressed his appreciation of the donations by the veterans' organizations and stated the City is probably the largest recipient of their generosity. 9. FIR5T READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 602 ENTITLED "BEER LICENSING " BY AMENDING SECTION 602.08.05: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 603. ENTITLED "INTOXICATING LIOUOR," BY AMENDING SECTIONS 603.10.7 AND 603.24: � MOTION by Councilman Schneider to waive th ordinance ugon fir&t reading. Seconded by Upon a voice vote, all voting aye, Mayor carried unanimously. � e reading and approve the Councilman Fitzpatrick. Nee declared the motion 11. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS• This item will be considered after Item 12, which concerns a Special Use Permit for this parcel. 12. SPECIAL USE PERMIT. SP #90-15. BY AL SCHRADER TO ALLOW REPAIR GARAGES; TO ALLOW AUTOMOBILE SERVICE STATIONS AND MOTOR VEHICLE FUEL AND OIL DISPENSING SERVICES; TO ALLOW MOTOR VEHICLE WASH ESTABLISHMENTS; TO ALLOW EXTERIOR STORAGE OE MATERIAL5 AND EOUIPMENT. ALL ON LOTS 1 THROUGH 9. BLOCK 1, CENTRAL VIEW MANOR 2ND ADDITION. GENERALLY LOCATED AT 7355 HIGHWAY 65 N.E.: Ms. Dacy, Planning Coordinator, stated that this is a proposal to construct two buildings for use as auto repair related uses and a restaurant. She stated that the site plan meets all the requirements of a C-3 zoning district. She stated that the petitioner submitted a landscaping plan which needs some minor adjustments. fl35 FRIDLEY CITY COUNCIL MEETING OF OCTOSER 15.1990 PAGS 11 �Ms. Dacy stated that there was concern from residents to the north _ and those living in the mobile home park about noise and odors from an auto body shop. She stated that there was also concern regarding screening, landscaping, and the intensity of the proposed lighting standards. Ms. Dacy presented a video of a similar site in Coon Rapids and an auto mall in Brooklyn Park. Ms. Dacy stated that the Planning Commission recommended approval of this Special Use permit with 17 stipulations. She stated that stipulation no. 16 regarding documentation that the fill material currently on-site is contaminant-free has been complied with. She stated that stipulation no. 8 should contain the added sentence which reads as follows: "Any auto body repair and painting facility and/or detailing facility shall be required to obtain its own special use permit". Councilman Schneider stated that noise and odor are two major concerns. He asked the petitioner what would be done if there is a problem with noise or odors. Mr. Mike Schrader stated that he had no problem with the annual review process. He stated that, however, when they enter into � leases, they do not always have the flexibility to remove tenants. He stated that they would work with tenants to minimize the odors and noise. He stated that the developer is very sensitive to the issues of the mobile home tenants, as he owns several mobile home parks and has a reputation of working with the community. Councilman Schneider asked who would review the equipment to remove odors. Ms. Dacy stated that either Bob Aldrich or Dick Larson would probably conduct an inspection to determine if there is proper ventilating equipment such as exhaust fans. She stated that the City has adopted the PCA regulations regarding noise and odor so there are some measurable standards. Councilman Schneider asked if the City staff has the ability to measure the odors. Ms. Dacy stated that if this became an issue, someone £rom the PCA would probably be contacted. Councilman Schneider asked if it would be appropriate to require a bond or escrow from the auto body shop so there are funds to correct any problems that might arise. ' Mr. Herrick felt that this could be made a condition of the special use permit. He suggested that the petitioner's attorney review the leases so there is a provision that if a tenant is in violation of V J � FRIDLBY CITY COONCIL MEETING OF OCTOSER 15 1990 PAGE 12 � a State statute or local ordinance, the tenant has a certain time to correct the violation and if this is not done, it would be a breach of the lease. Mr. Schrader stated that he is the attorney for the auto mall and their leases do include this provision; however, he has difficulty going above and beyond the legal requirements. xe stated that there has to be some point where it would be feasible for this business to operate and he would be open to finding this area. Mr. Schrader introduced Mr. Mesnick, owner of Crystal Collision, who could possibly shed some light on the equipment that is used in an auto body shop. Mr. Mesnick stated that the Council's concerns are well taken, but the new body shops are quite different than they were ten years ago. He stated that the average paint booth costs about $60,000 and is so sophisticated that he felt the concerns have already been answered. He stated that some paint booths have glass walls, and a lot of new equipment if being built to meet stringent California standards. He stated that the new spray booths deliver 75 percent of the product to the vehicle where the old ones would deliver about 30 percent, and the remaining paint would go into the air. Mr. Mesnick stated that the sanding tools have vacuum systems. He ' stated that i£ someone would be reviewing this business year after year, it would be very difficult to secure financing if they did not know from year-to-year if the business would be closed by the City. He felt that with restrictions, it would limit the investment an owner could put into the business, which, in turn, may create a problem. He felt that with the proper equipment, there should not be any problems. Mr. Mesnick stated that any facility that locates in this auto mall should have a good filter system and some type of water wash. Councilman Schneider asked if the EPA requires an auto scrubber. Mr. Mesnick stated that the EPA does not, but the State of California does require it. Councilman Schneider asked Mr. Schrader if he concurs with an annual review. Mr. Schrader felt that there should be the proper equipment, but to require the "top of the line", when it may not be necessary, might make it cost prohibitive for a tenant to conduct this business. Councilman Schneider stated his concern is that once an auto body � shop is located on this site, it is sometimes difficult to obtain compliance with the codes. �3i' FRIDLSY CITY COIINCIL MEETING OF OCTOBER 15,1990 PAGE 13 � Mr. 5chrader stated that they want to build a first class establishment. He felt that, however, they have to find a degree of reasonableness for that use. Mr. Herrick, City Attorney, stated that he could see nothing wrong with requiring the petitioner to indicate what type of equipment would be used and ask a qualified person to review it and charge the applicant for this review. Mr. Schrader stated that he believed that would not be a problem and meets the reasonableness level. Councilman Schneider asked if the develoger has a signed lease for the auto body shop. Mr. Schrader stated that they do not, but have several persons interested. He stated that they have signed leases of intent for approximately 70 percent of the mall. He stated that the collision center and other uses will make up the balance. Mr. Schrader stated that he wished, at this time, to thank staff for all their help and appreciated their cooperation. Councilman Billings stated that he does share some af Councilman � Schneider's concerns. He stated that he also is concerned about the sign plan and is fearful they will want a sign variance because everyone in the mall would want their own identity. He felt that there should be language to the effect that the petitioner is aware the Council expects them to meet all the requirements of the Sign Code. Councilman Sillings stated that he is not prepared to vote on the rezoning issue this evening and would like more time for review. MOTION by Councilman Schneider to table this item. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider requested that staff work with both the petitioner and the PCA to draft specific language on controlling odors and emissions relative to the body shop. Mr. Herrick stated that tabling this special use permit does not necessarily delay the developer's timeframe because the rezoning requires two readings of the ordinance before it would go into effect. Mr. Schrader stated that what the petitioner needed in order to continue to move this project forward was a clear signal from the ' Counail as to whether the petitioner had their support. He stated that the delay seriously impairs the ability of the developer to move forward. �3� FRIDLEY CITY COUNCIL MEETINQ OF OCTOBER 15.1990 PAGE 14 � Councilman Billings stated that he would not support a motion to approve the rezoning this evening as he was not prepared to vote on the issue at this time. He stated that there are a number of questions involved with the special use permit, and he is hesitant to rezone a parcel of property without knowing exactly what will be located on the site. He stated that he did not want the rezoning to move along and the project fall apart because of problems with the special use permit. Mr. Schrader stated that the petitioner has provided all the preliminary in£ormation and did not know what else could be provided in order for the Council to make their decision. Councilman Schneider stated that if the auto body repair was eliminated, he would be in favor of the special use permit. Mr. Schrader stated that he would be happy to supply any information the Council would like and will contact them to determine what those items are so they can make an in£ormed decision. 11. FIRST READZNG OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MZNNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS: � MOTION by Councilman Schneider to table this item. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion aarried unanimously. 13. RECEIVE ITEMS FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 10, 1990: A. SPECIAL USE PERMIT, SP #90-16, BY DAVID AND VALERIA SIAVENSKY TO ALLOW A SECOND ACCESSORY BUILDING. OVER 24D SQUARE FEET, ON IAT 29, BIACK 1. OAK CREEK ADDITION, GENERALLY LACATED AT 7234 EAST RIVER ROAD N.E.: Ms. Dacy Planning, Coordinator, stated that this is a request for a special use permit to allow a second accessory building. She stated that the Planning Commission recommended approval with four stipulations. MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #90-16, with the following stipulations: (1) access to the second accessory driveway shall be through the existing driveway; (2) there shall be no home occupation in the second aacessory building; (3) the accessory building shall be architecturally compatible with the existing dwelling unit; and (4) the driveway issue shall be reviewed in two years. The petitioner shall provide a hard surface ' driveway for the existing garage within one year of Anoka County �3� FRIDLSY CSTY COIIDTCIL MEETINQ OF OCT08ER 15 1990 PAGE 15 � completing the East River Road improvement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. SPECIAL USE PERMIT SP #90-06 BY BOB BUSHEY OF SEARS OUTLET TO ALIAW EXTERIOR STORAGE OF MATERIALS ON IAT 1 BLOCK 1 S}iOREWOOD PLAZA GENERALLY LOCATED AT 1000 EAST MOORE LAKE DRIVE N.E.� Ms. Dacy, Planning Coordinator, stated that this is a request for a special use permit to allow the outside storage of semi-truck trailers at the Sears Outlet store. She stated that approximately a year ago, Sears applied for a building permit to construct a loading dock, and a stipulation was placed on the permit that the outside storage of trailers cease. She stated that Mr. Bushey has been told he should remove the trailers, as noted in the building permit stipulation, or apply ior a special use permit. Ms. Dacy stated that last summer the petitioner appeared before the Planning Commission in order to allow the outside storage of five trailers, and the Commission recommended the petitioner investigate the alternative for an addition. She stated that at that time, in June, Sears was investigatinq the possibility about leasing space across the street from their store, and the item was tabled � by the Commission. She stated that Mr. Bushey also contacted Sears management regarding an addition and they advised they could not afford to make this addition. Ms. Dacy stated that she met with Mr. Bushey to try and reduce the impact of the trailers. She stated that fencinq and landscapinq options were discussed. She stated that at the Planning Commission meeting on October 10, the Commission recommended approval of this special use permit with three stipulations whioh she outlined. Ms. Dacy stated that she believed the Commission was sympathetic to Mr. Bushey's lack of space, and they have also leased space across the street. Ms. Dacy stated that in reviewing the site, it was felt landscaping should be provided; however, fencing would prohibit vehicular movements. Mr. Sushey stated that they did not have the trailers on the site with the intention of breaking the law, but they do have a problem with space. He stated that they are looking at another site in Fridley at I-694 and Highway 65, iaut have been discouraged by the high taxes. He stated that Sears backed off on the addition because of the length of their present lease and the possibility their current building will be demolished. � Councilman Billings asked how long Sears has been using the semi- trailers. � ' ' O�Q �RIDLEY CITY COIINCIL MEETINQ OF OCTOBER 15.1990 PAGE 16 Mr. Bushey stated that in the last five years since he has been at Sears, the trailers have been a very important part of the business. He stated that their joh is to liquidate the surplus merchandise from the catalog degartment of Sears. He stated that there are times when they have less goods and other times when they are overloaded. Councilman Billings asked if the nature of Sears' business has changed in the last five years. Mr. Bushey stated that the volume has changed because of the dramatic increase in inventories. Councilman Billings stated that he noticed Sears is selling mattresses which he did not find to be a seasonal item from a catalog and wondered if their marketing strategy has changed. Mr. Bushey stated that over the last several years, Sears has purchased name brand goods to supplement their particular line. Counoilman Billings stated that this gives some insight as to the problems as the volume is a combination of supplemental lines, as well as the reqular Sears catalog lines. Mr. Bushey stated that Sears has also reduced their distribution centers from eleven to six. Councilman Schneider stated that his concern is what prevents every other business from making the same arguments. Mr. Bushey stated that they are willing to work with the City to make the area as attractive as possible. He stated that in the meantime, they are looking at other sites. Councilman Schneider asked if this request is denied, what is the alternative for Sears. Mr. Bushey stated that the store could close if it is not profitable. Mayor Nee asked how much square footage would be needed in order to move those items inside that are now in the trailers. Mr. Bushey stated that they would need about an additional one thousand square feet of storage. Councilman Schneider asked if this request were granted for one year, if something could be worked out in this time period. Mr. Bushey stated that unless the inventory levels decrease, he probably would not know any more for at least three years. a�� FRIDLEY CITY COIINCIL MSETINQ OF OCTOBER 15 1990 PAGE 17 ' MOTION hy Councilman Schneider to grant Special Use Permit, SP #90- 06, with the following stipulations: (1) there shall be no more than three trailers located at the rear of the Sears building; (2) the petitioner shall work with staff to develop and install a screening plan using landscaping; and (3) the special use permit shall be reviewed in two years, or sooner if the tenant leaves. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of October 10, 1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVE AN ITEM FROM TFiE MINUTES OF THE APPEALS COMMISSION MEETING OF SEPTEMBER 11, 199D: A. VARIANCE REOUEST, VAR #90-23, BY MOORE LAKE RACQUET. SWIM, AND HEALTH CLUB TO INCREASE THE NUMBER OF DAYS A TEMPORARY �ANNER MAY BE DISPLAYED FROM 14 DAYS TO 90 DAYS. ON LOT 1, BLOCK 2, AND IAT 2. BIpCK 2. SHOREWOOD PLAZA. THE SAME BEING 1200 EAST MOORE LAKE DRIVE N.E.: Ms. Dacy, Planning Coordinator, stated that this is a request for � a variance to increase the number of days a temporary banner may be disglayed, She stated that staff is recommending denial because it does not meet the oriteria for a variance as required by the Sign Code. Ms. Dacy stated that the Appeals Commission recommended approval of this variance and stipulated that the ninety day period should start at the date the petitioner applied for the variance. Ms. Dacy stated that in regard to the noise complaints received on the Health Club's HVAC units, a sound consultant will be submitting a proposal to eliminate the noise. Mr. 5trootman, Manager of Moore Lake Racquet, Swim & Health Club, stated that he was not prepared to address the noise issue. He stated that the banners have been effective in promoting people to call or come in to their facility. He stated that they opened the first part of July and really wanted the banners displayed during the prime time of the season. MOTION by Councilman Schneider to concur with staff's recommendation and deny Variance Request, VAR #90-23. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �4� FRIDLEY CITY COIINCIL MEETINd OF OCTOSER 15.1990 PAGE 18 � 15. APPRQVAL QF 1441 SUPER CYCLE CONTRACT: Ms. Dacy, Planning Coordinator, stated that this contract calls for a rate of $75 per ton and is the lowest tonnage rate currently charged to all other Super Cycle clients. She stated that the 1990 rate per ton was $84. She stated that with the distribution of containers, it is expect the participation rate will increase by 70 percent. Ms. Dacy stated that the contract is the same as last year's, except for the tonnage payment. Mr. Paul Witski, a resident of New Brighton, wished to encourage the Council to go out for bids for recycling. He stated that it seems $75/ton is a good price, but the City paid $84/ton in 1990. He stated that tl�e City of New Brighton pays $72/ton which is substantially lower than what Fridley paid in 1990. He stated that New Brighton did not have to go out for bid, but they chose to do so. Mr. Witski stated that he asked the City's Planner why the City did not go out for bids, and the response was they could not identify any other haulers. He stated that he felt the estimates of a 70 percent participation rate, when the containers are distributed, is too high. He felt that some of the residents would not even want the containers and felt not more than one container should be � distributed. Mr. Witski felt that the Council should receive bids for the recycling. He pointed out that many of the smaller businesses are being bought out by BFI and Waste Management. He stated that if the County withdraws funding, a licensing approach has been worked out so that the license fee is adjusted aacording to the number of households a hauler serves. Mayor Nee asked if New Brighton residents are charged for recycling. Mr. Witski stated that Ramsey County is funding this proqram, but if this is not continued, a licensing approach will go into effect. Ms. Dacy stated that the Council has concluded a year-long process where many different approaches for recycling were reviewed. She stated that Mr. Witski may not be aware that, given the uncertainty of the funding £rom the County, the Council agreed to take a short- term approach of negotiating a short-term contract with Super Cycle. She stated that the licensing was a long-term approach, depending on the circumstances. Ms. Dacy stated that New Brighton did go out for bid for their recycling. She stated that she believed this year's contract with ' Super Cycle was a significant improvement. �4� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 15,1990 PAGE 19 � Mr. Burns, City Manager, stated that the City did go out for bids for the 1990 recyclinq contract. He stated that the $84/ton price was an open competitive bid. Ms. Dacy stated that the tonnage rate for Fridley was higher than St. Paul and other municipalities due to the distance from the sorting operation and the volume picked up per household. She stated that New Brighton has more tonnage per capita than Fridley which would dictate a lower price per ton. She felt that the price with Super Cycle is very competitive. MOTION by Councilman Billinqs to approve the 1991 Super Cycle contract. Seconded by Councilman Fitzpatrick. Ms. Nancy Healey, Vice President of Super Cycle, stated that Fridley pays the lowest recycling rate in Anoka County and felt the Council made a wise decision to approve the contract. Councilman Schneider asked if there was some way to make a pickup if someone was missed on Super Cycle's route. Ms. Healey stated that if someone is missed it is probably because the items were not out in time for the pickup. She stated that she really did not know what they could do about it and would be open ' to suggestions. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 16. CONSIDERATION OF STARTING TIME FOR CITY OF FRIDLEY CITY COUNCIL MEETINGS: Councilman Billings stated he has noticed that only six of the Council meetings since last January began before 7:35 p,m. He wondered if the Council should consider starting the meetings at 7:45 p.m. or discuss the agenda setting at an earlier time. He felt that the meetings are posted as beginning at 7:30 p.m. and if they do not begin on time, it may possibly show a lack of proper manners to the public. Mayor Nee stated that he felt an effort should be made to begin promptly at 7:30 p.m. 17. APPROVAL OF THE CITY OF FRIDLEY'S POLICY ON HANDLING COMPLAINTS REGARDING DISEASED TREES: Councilman Billings stated that it seemed during the course of the last year, the practice or procedure has been changed regarding how phone calls are handled in relation to diseased trees. He stated � that there is a question whether this is an administrative practice or a policy of the Council. He stated that when he requested this item be placed on the agenda, he assumed it was a Council policy. �'i �8 FRIDLEY CITY COIINCIL MEETINCi OF OCTOBER 15.1990 PAGE 20 � Mr. Flora, Public Works Director, stated that when the diseased tree ordinance was changed, and due to the assessment process, the City would only respond to a request from the property owner regarding diseased trees and did not go out on a complaint from a person other than the property owner. He stated that the City used to be very aggressive in the area of enforcement of diseased trees, but when the State curtailed funding, staff attempted to focus on individual complaints and backed off from aggressive enforcement. Councilman Billings stated that he feels there are two issues, one being the actual diseased tree issue and the other is the apparent change in practice. He stated that he has no problem with passing legislation and allowing staff to promulgate rules and regulations to enforce that legislation. He stated that he is comfortable with leaving the issue of diseased trees up to staff, as lonq as he is informed of the rules and regulations. He stated that if changes are made, he felt there should be a procedure in place for adopting and modifying those rules. Iie stated that he would like to be informed of the rules and if theze are any changes so he knows how to respond when he receives calls on the issue. MOTION by Councilman Fitzpatrick to refer this issue to the City Manager for the submission of proposals for the Council's consideration. Seconded by Councilman Billings. Upon a voice � vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Fitzpatrick stated he would like to emphasize that he is referring to oak wilt and Dutch elm disease. 18. APPROVAL OF LETTER TO BE SENT TO THE SIGNERS OF THE TROLLHAGEN STOP SIGN PETITION: MOTION by Councilman Billings to authorize that the amended letter be sent to the signers of the Trollhagen stop sign petition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. APPROVAL OF LETTER TO ANOKA COUNTY COMMISSIONER DAN ERHART REGARDING THE PROPOSED DIAL-A-RIDE PROGRAM: MOTION by Councilman Schneider to authorize that the amended letter be sent to Anoka County Commissioner Dan Erhart. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. RESOLUTION NO. 85-1990 APPROVING A REGISTERED LAND SURVEY. P.S. #90-05: � MOTION by Councilman Schneider to adopt Resolution No. 85-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � ' 04J FRIDLEY CITY COIINCIL MEETINQ OF OCTOBER 15.1990 PAGE 21 21. RESOLUTION NO. 86-1990 REGARDING CHANGE OF USE OF SURPLUS LANDS: MOTION by Councilman Schneider to adopt Resolution No. 86-1990. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. RESOLUTION NO. 87-1990 TO THE ANOKA COUNTY HIGHWAY DEPARTMENT REMOVING ASHTON AVENUE FROM THE EAST I2IVER ROAD UPGRADE PROJECT• MOTION by Councilman Fitzpatrick to adopt Resolution Nc Seconded by Councilman Schneider. Upon a voice vote, aye, Mayor Nee declared the motion carried unanimously. . 87-1990. all voting 22-1.CHANGE ORDER NO. 1 FOR MONITORING WELLS AT COMMONS PARK. PROJECT NO. 208• Mr. Flora, Public Works Director, stated that based on recommendations from Bruce Liesch Associates, Keys Well Drilling had to drill an additional 67 feet beyond the original estimate of 225 feet to reach the aquifer and an additional 14.5 hours of well development was required. He requested that the Council approve this change order for an additional $2,249 to the contract with Keys Well Drilling Company. MOTION by Councilman Schneider to authorize Change Order No. 1 with Keys Well Drilling Company in the amount of $2,249 for monitoring wells at Commons Park, Project No. 208. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. APPOINTMENT: CITY EMPLOYEE: MOTION by Councilman Fitzpatrick to concur with the following appointment by the City Manager: Name Position Kevin Fire- Swanson fighter Partially Exempt Starting alar $9.4585 per hour $2,406.95 per month Starting Date Oct. 16, 1990 Replaces Dennis Ottem Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 04� FRIDLEY CITY COII�CIL MEETINd OF OCTOSER 15,1990 PAGE 22 � 24. INFORMAL STATUS REPORTS: MATTERHORN CIRCLE - ADDITIONAL STREET LIGHTING: Mr. Flora, Public Works Director, stated that a petition was received for an additional street light on Matterhorn Circle. He stated that there is an Innsbruck standard street light at the intersection of Matterhorn and Matterhorn Circle. He stated that this request does not fall within the criteria for an additional street light. He stated that, as an option, a light could be installed with the property owners paying for it. Councilman Schneider felt that street lights are a basic safety issue and help to reduce crime. Mr. Flora stated that the Counail did approve a street lighting policy several years ago. Mayor Nee stated that he would like to see a breakdown of the costs. ADULT BUSINESSES: Ms. Dacy, Planning Coordinator, stated that staff is still � evaluating reducing the distance from a park in drafting a zoning ordinance for adult businesses. She stated that other cities have been cotttacted to determine impacts from adult business uses and she is waiting for all the responses. 25. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 34345 through 34556. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 26. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. MOTION by Councilman Billings to amend the motion and eliminate the license for the Moose Lodge. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � � L _I �4" FRIDLEY CITY COUNCIL MEETING OF OCTOBER 15.1990 PAGE 23 LICENSE, CLUB ON-SALE AND SUNDAY LIQUOR - MOOSE LODGE: MOTION by Councilman Billings to approve tha above license for the Moose Lodge, effective October 25, 1990, subject to the stipulation that the building has been re-certified as habitable by the appropriate City departments and that the Anoka County Health Department has approved the facility for this particular license. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 27. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted: Pitt-Des Moines, Inc. 1015 Tuttle Street Des Moines, IA 50309 Construction of the 1.5 MG Elevated Water Reservoir, Project No. 201 Estimate No. 2 . . . . . . . . . . . . . . . $445, 752. 35 Walbon Lawn Maintenance 3225 Skycroft Drive St. Anthony, MN 55418 Corridor Maintenance Project No. 199 Estimate No. 6 . . . . . . . . . . . . . . . $ 4, 342.86 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 15, 1990 adjourned at 11:41 p.m. Respectfully submitted, �,, Q,( j✓L L�t� , �i� �.GL�'/ �` Carole Haddad Secretary to the Approved: � City Council w�-��, William J. Nee Mayor