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09/30/1996 - 00002179� � � THE MINUTES OF THE REGUL�R MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 30, 1996 The Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Pro Tem Jorgenson. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PROCLAMATION: Mayor Pro Tem Jorgenson, Councilman Billings, Councilman Schneider, and Councilwoman Bolkcom Mayor Nee FIRE PREVENTIQN WEEK: OCTOBER 6-12, 1996. Mayor Pro Tem Jorgenson read this proclamation which was issued to proclaim the week of October 6 through 12, 1996 as Fire Prevention Week. She stated that in con�unction with Fire Prevention Week, the Fire Department will host open houses at each of the three fire stations. Mayor Pro Tem Jorgenson presented this proclamation to Mr. Dick Larson, Deputy Fire Chief Mr. Larson stated that all displays and demonstrations by each of the City's emergency services will be held at Fire Station 1, but the other two satellite stations will also be open. He invited everyone to attend on Saturday, October 5 from 1:00 p.m. to 5�00 p.m. Old Country Buffet and Hardee's are also participating in this event by providing refreshments. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 16, 1996: MOTION by Councilman Billings to Seconded by Councilwoman Bolkcom. aye, Mayor Pro Tem Jorgenson unanimously. approve rhe minutes as presented. Upon a voice vore, all voting declared the motion carr�ed APPROVAL OF PROPOSED CONSENT AGENDA: NEW SUSINESS: l. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 124, ENTITLED "NOISE," BY AMENDING SECTION 124.07.02, "PUBLIC NUISANCE NOISES PROHIBITED." Mr Burns, Crty Manager, stated that this ordinance amendment is in response to complaints about loud car stereos. The amendment would mak2 it illegal to operate a car stereo in a � , ' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 2 2 3. manner that is audible from a distance of 75 feet or more. This proposal has been reviewed by both the City Prosecuting Attorney and the City Attorney. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. RE50LUTION N0. 89-1996 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGE5 FOR THE NOVEMBER 5, 1996, STATEWIDE GENERAL ELECTION: Mr. Burns, City Manager, stated that the election �udges were chosen from lists provided by the DFL and IR parties. ADOPTED RESOLUTION NO. 89-1996. RECEIVE THE MINUTES OF THE PLP�TIQING COMMISSION MEETING OF SEPTEMBER 18, 1996• RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 18, 1996. 4. ESTABLISH A PUBLIC HEARING FOR OCTOBER 14, 1996, FOR A ZONING TEXT AMENDMENT REQUEST, ZTA #96-01, BY NORTHCO CORPORATION, TO AMEND THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTION 205.17.C, "USES PERMITTED WITH A SPECIAL USE PERMIT," BY ADDING 205.17.C(5), "COMMERCIAL DAYCARES," AND RENUMBERING CONSECUTIVE SECTIONS; AND BY AMENDING SECTION 205.18.C, "USES PERMITTED WITH A SPECIAL USE PERMIT,° BY ADDING 205.18.C(5), "COMMERCIAL DAYCARES,° AND RENUMBERING CONSECUTIVE SECTIONS: Mr. Burns, City Manager, stated it is requested that Council set a public hearing for this zoning text amendment that would permit commercial daycare centers in industrial areas sub�ect to certain conditions SET THE PUBLIC HEARING ON ZONING TEXT AMENDMENT REQUEST, ZTA #96-01, FOR OCTOBER 14, 1996. 5. ESTABLISH A PUSLIC HEARING FOR OCTOBER 14, 1996, FOR THE SALE OF EXCESS PROPERTY LOCATED AT 7TH STREET AND 61ST AVENUE• Mr. Burns, City Manager, stated it is requested that Council set a public hearing for the sale of excess property that is the site of the Community Education Center and Fridley High School. This land swap between the City and School District No. 14 is to make land ownership of the two �urisdictions conform to land use. SET THE PUBLIC HEARING FOR THE 5ALE OF EXCESS PROPERTY AT 7TH STREET AND 61ST AVENUE FOR OCTOBER 14, 1996. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 3 6 7 8 9. ESTABLISH A PUBLIC HEARING FOR OCTOBER 28, 1996, ON A PROPOSED FAIR HOUSING ORDINANCE: Mr. Burns, Crty Manager, stated that this ordinance is required by the settlement agreement with the Sylvan Oaks Tenant's Association. The ordinance has been reviewed by the HRA and will be reviewed by the Human Resources and Planning Commissions . SET THE PUBLIC HEARING ON A PROPOSED FAIR HOUSING ORDINANCE FOR OCTOBER 28, 1996. RECEIVE THE 1997 BUDGET FOR THE NORTH METRO CONVENTION AND VISITORS BUREAU: Mr. Burns, City Manager, stated that this budget for the North Metro Convention and Visitors Bureau is presented to Council in accordance with a five-city agreement. The budget provides for 1997 expenditures of $575,708. Expenditures are funded almost entirely from local lodging taxes. No actlon is required by Council other than to receive the document. RECEIVED THE 1997 BUDGET FOR THE NORTH METRO CONVENTION AND VISITORS BUREAU. IVE THE RECOMMENDATIONS FROM SPRINGSTED INCORPORATED U13L1GX'1'lUN tiUNllS Mr. Burns, City Manager, stated that the sale of these bonds will fund street, water, and storm water improvements. The issue includes funding of an accumulated number of pro�ects in order to enhance the marketability of the issues The bids for these bonds would be received on October 28, and payments on the bonds will be made through the year 2012. The bonds will be repaid primarily from special assessment revenues and storm water/water utility revenues. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. RESOLUTION INITIATING THE PROCESS FOR THE SALE OF THE CITY'S $2,935,000 GENERAL OBLIGATION BONDS, SERIES 1996A: Mr. Burns, City Manager, stated that this resolution initiates the process for the sale of these general obligation bonds in the amount of $2,935,000. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 4 10. APPROVE CONTRIBUTION TO SOUTHERN ANOKA COUNTY COMMUNITY Mr. Burns, City Manager, stated that the consortium consists of Fridley, Columbia Heights, the Fridley and Columbia Heights School Districts, and the City of Hilltop. Both Fridley and Columbia Heights are being asked to contribute $2,750 while Anoka County will contribute $5,000 The Southern Anoka County Community Consortium provides leadership for the cores values program, Values First. The consortium is a vehicle for the �urisdictions of southern Anoka County to work together to identify pro�ects that serve to stabilize and improve the health of the three communities. Staff recommends that Council approval the $2,750 contribution. APPROVED A CONTRIBUTION OF $2�750 TO THE SOUTHERN ANOKA COUNTY COMMCJNITY CONSORTIUM. 11 CLAIMS: 12 � 13 , AUTHORIZED PAYMENT OF CLAIM NOS. 70106 THROUGH 70416. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. ESTIMATES: APPROVED THE ESTIMATES AS FOLIAWS: Thomas & Sons Construction, Inc. 13925 Northdale Blvd. Rogers, NiN 55374 1996 Street Improvement Pro�ect No. ST. 1996 - 1& 2 Estimate No. 2 . . . . . . . W.B Miller, Inc. 6701 Norris Lake Road N.W Elk River, MN 55330 $ 58,075.40 Street Improvement Pro�ect No. ST. 96-4 Mississippi Street/Third Street Intersection Estimate No. 2 . . . . . . . . . . . . . . $121, 953 32 Shield Construction Co. 13604 Ferris Avenue Apple Valley, MN 55124 Stonybrook Creek Bank Stabilization Pro�ect No. 246 Estimate No. 7 . . . . . . . . . . . . . . $ 32,247.89 � , � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 5 No persons in the audience spoke regarding the proposed consent agenda. Councilman Schneider requested that Items 8 and 9 be removed from the consent agenda. MOTION by Councilman Schneider to approve the consent agenda items with the exception of Items 8 and 9. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the addition of Items 8 and 9 from the consent agenda. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS• There was no response business. PUBLIC HEARING: from the audience under this item of 14. PUBLIC HEARING ON VACATION REQUEST, SAV #96-03, BY CLAYTON AND JEAN HICKS, TO VACATE TWO FIVE-FOOT DRAINAGE AND UTILITY EASEMENTS DEDICATED IN THE PLAT OF SANDHURST AIJDITION, GENERALLY LOCATED AT 106 HARTMAN CIRCLE N.E. (WARD 3): MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously and the public hearing opened at 7:45 p.m. Mr. Hickok, Planning Coordinator, stated tnat this vacation request is for property on Hartman Circle. The petitioner requests that two five-foot drainage and utility easements lying ad�acent to and north of the south line of Lot 2, Block l, Sandhurst Addition and lying ad�acent to and south of the north property line of Lot 3, Block l, Sandhurst Addition be vacated. The dwelling on this parcel was constructed over the utility easement. Mr. Hickok stated that the Public Works Engineering Division has reviewed the request and indicated that only the east 93.11 feet of the easements should be vacated due to the location of overhead power lines within the westerly portion of the easements. This would vacate the portion under the dwelling unit Mr. Hickok stated that staff recommended to the Planning Commission that vacating only the east 93.11 feet of the easements with the stipulation that the petitioner shall grant the City a ten-foot drainage and utility easement along the north lot line of the property. The Planning Commission voted unanimously to recommend � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 6 approval of this vacation without the stipulation. After further analysis by staff, the best alternative would be to require a five- foot utility easement along the north property line. Mr. Hickok stated that the petitioner believes, because of site constraints, that it would be difficult to dedicate any easement along the lot lines. The easements that exist in the area are along the lot lines. If, in the future, the City would need any underground utilities the easement would be needed. There are few opportunities to link utilities across the mid-section of Hartman Circle. Mr. F1ora, Public Works Director, stated that the City always requires a five-foot easement along the property lines for drainage. Mr. Hicks, the petitioner, stated that he was satis�ied with the Planning Commission's recommendation far vacation, but he is not in agreement with dedicating a five-foot easement. He would like to do some improvements, and he did not feel the easement was feasible. He questioned why an easement was needed now when the dwelling has been there for 35 years. Mr. Hicks stated that he cannot see why he should lose property, as there is access from all other directions. Mr. Flora stated that the easement does not mean he would lose the property. Mr Hicks would have the use of the property, but an option would be left open for the City in case they needed to install any pipe for drainage and/or utilities. Mr. Hicks stated that he still could not see why the easement was necessary. Mr. Gabriel Giancola, former owner of the property at 109 Hartman Circle, stated that he is in agreement with Mr. Hicks. When the building permit was taken out for this dwelling, the problem with the easements should have been resolved at that time, as the existing easements go through the center of Mr. Hicks' home. There is an easement of the west side of Hartman Circle, and the City has full access to Mr. Hicks' lot. There is an easement coming from the east to the west and from the north to the south. It does not seem feasible that the City needs this five-foot easement when there is full accessibility to that area of Hartman Circle. Mr. Giancola stated that the Planning Commisslon questioned the need for the easement and recommended approval of the vacation without the provision for a five-foot easement. He supported Mr. Hicks' request and urged Council to follow the Planning Commission's recommendation. Mr. Burns, City Manager, asked if Mr. Hicks could construct an accessory building in the side or rear yard. Mr. Hickok stated that this would be possible, as the setbacks for a side yard are three feet and five feet for the rear yard. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMSER 30, 1996 PAGE 7 Mr. Burns stated that if the five foot easement is required, the City would only be encroaching one foot into Mr. Hicks' buildable space. Councilwoman Bolkcom stated that the City has access on the north, south, east, and west without requiring the five foot easement. Mr. Flora stated that his concern is the drainage. He did not understand how this home could have been built and the easement not recorded. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, a11 voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously and the public hearing closed at 8:14 p.m. 8. RECEIVE THE RECOMMENDATIONS FROM SPRINGSTED INCORPORATED REGARDING THE SALE OF $2,935,000 GEI�ERAL OBLIGATION BONDS, SERIES 1996A: Councilman Schneider stated that general obligation bonds require the full faith and credit of the City. He asked how these bonds would be funded � Mr. Pribyl, Finance Director, stated that internal funds would be used temporarily to fund these pro�ects through special assessments and utility fees but not through increased taxes. The three components of this bond issue include water, storm water, and street improvements. MOTION by Councilman Schneider to receive the recommendations from Springsted Incorporated regarding the sale of $2,935,000 general obligation bonds, series 1996A. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. 9. RESOLUTION N0. 90-1996 INITIATING THE PROCESS FOR THE SALE OF THE CITY'S $2,935,000 GENERAL OBLIGATION BONDS, SERIES 1996A. Councilman Schneider asked if this was a good time to issue the bonds in regard to the interest rates. Mr. A1 Erickson, representing Springsted Incorporated stated that it was difficult to predict the interest rates. The Federal Reserve Board did not raise interest rates at their meeting last week, and they will not meet agazn for at least six weeks He felti this was a good time to issue the bonds � MOTION by Councilman Schneider to adopt Resolution No. 90-1996. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 8 ' OLD BUSINESS: 15. SPECIAL USE PERMIT REQUEST, SP #96-15, BY VETsMART, TO ALLOW A VETERINARY FACILITY IN CONJUNCTION WITH A PETsMART RETAIL STORE, GENERALLY LOCATED AT 5660 MAIN STREET N E. (WARD 3) (TABLED SEPTEMBER 16, 19961: Mayor Pro Tem Jorgenson removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this item was tabled due to Council's concern about traffic related to this VetsMart facility within the PetsMart store. Additional information was needed regarding the Home Depot/PetsMart traffic study and specific generation potential of the VetsMart operation. Mr. Hickok stated that the 57th Avenue traffic study has been completed by BRW, Inc and distributed to Council for review. As the study relates to this special use permit request, PetsMart averages 394 customer trips per day with seventeen of those being VetsMart patrons. That equals about two cars per hour. The addition of the VetsMart facility within the PetsMart store does not contribute additional traffic to this development. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, � SP #96-15, wrth the following stipulations: (1) all windows in the area of the building housing animals shall be double glazed with a fixed sash, (2) any ventilation systems shall be designed so that no odors or organisms will spread between wards or to the outside air; (3) there shall be no outside pens or holding areas, and (4) the petitioner shall submit documentation verifying that all veterinarians are licensed as required by the State. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Pro Tem Sorgenson declared the motion carried unanimously. 16. APPROVE INSTALLATION OF PERSONAL COMMiTNICATION SERVICES UTILITY SURGE SITE1; REOUESTED BY Mayor Pro Tem Jorgenson removed this item from the table Mr. Hickok, Planning Coordinator, stated this is a request by SBA, representing Sprint Spectrum, to install eight, ten foot personal communication services antennae and equipment at 7504 Alden Way The antennae, attached to buildings, are considered an accessory use. These antennae would be mounted on the 90 foot surge tower of the St. Paul Water Utility and a 25 foot by 30 foot area at the base of the tower would be included to house transformer equipment � for control of the antennae. Mr. Hickok stated that staff received four calls regarding this request. Concerns were related to a number of items including interference, visibility, aesthetics, and health risks. � � � FRIDLEY CITY COUNCIL MEETING OF 5EPTEMSER 30, 1996 PAGE 9 Councilwoman Bolkcom questioned what the City can or cannot do legally since there are Federal regulations relating to this issue. Mr. Knaak, Crty Attorney, stated that this is an area of Federal regulation and the FCC regulations supersede local regulations. It is clear that the City cannot prohibit these antennae from being placed within their �urisdiction, but what is not clear is the degree that the City can regulate their placement. Mr. Hickok stated that in regard to the question regarding the health risk, Sprint has submitted a reply. Their letter states that a public standard was set by the American National Standards Institute (ANSI) in 1992 and adopted by the FCC as the national standard. This standard requires that the radio frequency for all personal communication services (PCS) facilities operate at a safety threshold that is fifty times below the level that the scientific community believes may pose a health risk to people. At a typical PCS facility operating at full power, the maximum public exposure, is 1,000 times lower than the ANSI standard. By design and operation, all Sprint PCS antenna facilrties are low-power devices. Councilman Schneider asked if transformers or transmission equipment would be located in the auxiliary building. Mr. Hickok stated that transmission equipment would be located in this structure. Mr. Tom Poulos, Area Vice President and General Manager for Sprint Spectrum, stated that the antennas are for low power wireless communications that are an enhancement to cellular. Sprint Spectrum will be offering this new wireless product in a digital format throughout the country and will not only allow voice communication, but video communication It is very 1ow power, lower than cellular phones. At the transmitter site it is 110 voltage or 10-100 watts. Councilwoman Bolkcom stated that Ms. Johnson, who had several concerns, was not able to attend this evening. She felt that Council needed some further discussion at a conference meeting. She asked if Ms. Johnson had been contacted regarding her concerns. Mr. Poulos stated that Ms. Johnson has been sent a copy of the letter that Council received related to her concerns. He attempted to contact Ms. Sohnson several times and also left messages. He would continue to invite open discussion. He recognizes that their obligation as a good corporate citizen is to address these issues. Councilwoman Bolkcom asked if there were any other sites that Ms Johnson could visit. Mr. Poulos stated that they are in the process of building over 200 of these sites. It was important to not only show the other sites but to specifically address the site in question. � �� � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 10 Councilwoman Bolkcom felt that there should be a meeting with Ms. Johnson to discuss this issue with her. Mr. Poulos stated that this could be done, however, he would like Council's action this evening in order to proceed with their plans for the building. It would be extremely difficult working with metal and attaching the antennae in the winter months. Councilman Billings asked where the antennae were to be mounted. Ms. Knapp, representing SBA, stated that the antennae would be five feet above the top of the structure. MOTION by Councilwoman Bolkcom to receive the letter from Mr Tom Poulos of Sprint Spectrum dated September 26, 1996 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. Ms. Judy Beine, 180 Talmadge Way, asked about noise, fencing, screening, and maintenance on this site Ms. Knapp stated that the compound area will be fenced and screened. For security, there would be a chain link fence approximately six feet high with barbed wire on top. Councilwoman Bolkcom asked how the fence would be maintained and how often the units were checked. Mr Dave Fisher, representing Sprint Spectrum, stated that any repairs can be made by computer, and maintenance people may check on the power once a month. When construction is completed routine maintenance would be done several times a year. As far as noise, it is not very loud. A person in the audience was concerned about maintenance since there is a bike path. The person said that this is a nice site except for the rusted tower. Mr Poulos stated that he assumes the St. Paul Waterworks would agree They would be happy to maintain any landscaping improvements within reason. Mayor Pro Tem Jorgenson asked what the City could do legally if this became a nuisance. Mr. Knaak stated that this would be no different than any other property in the City. The nu�sance ordinances would apply in this case also. Mr. Fisher stated that the communications with St. Paul Waterworks proposes up to twelve antennae. There would be three sectors with four antennae per sector. They would begin with two antennae per sector and then in the future may add two antennae per sector. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 11 MOTION by Councilwoman Bolkcom to approve the installation of personal communication services antennae and equipment at 7504 Alden Way (St. Paul Utility surge site). Further, request that staff work with Sprint on a landscaping plan within reason and contact Ms. Johnson to set up a meeting with Sprint. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. Councilwoman Bolkcom requested that she be notified when this meeting will be held. 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING TITCTRTfTC lRF7f1NTNl7 RF(1TTFCT 211Z1 $QS—(17 RV (�P RATT.. f;FnTFRAT,T.V �1����� Mr. Hickok, Planning Coordinator, stated that this is a request for a rezoning at 73rd and University Avenues. CP Rail has requested the rezoning from M-2 to C-2 for this parcel. The property, while zoned M-2, was designed as commercial on the City's Comprehensive Plan. This parcel is one of nineteen loop-back parcels in the City, thirteen of which are zoned C-2. Mr. Hickok stated the � Planning Commission unanimously voted to recommend approval of this rezoning. Staff recommends first reading of this ordinance to rezone the property from M-2 to C-2. Councilman Billings stated that this parcel was originally considered as a possible site for a municipal liquor store. In discussions by the Planning Commission, the rezoning was based on the land use issues and the fact that there are no other loop-back parcels in the City zoned heavy industrial. Mr. Al Quam, 399 73rd Avenue, spoke against the rezoning. He felt that if there was a plan for commercially developing this site, it should come back to Council for review and for public input. MOTION by Councilman Billings to waive the reading and approce the ordinance on first reading. Seconded by Councilwoman Bolkcom. Mayor Pro Tem Jorgenson asked the type of uses that would be permitted in a C-2 zoning district. Mr. Hickok outlined some of these uses and stated that some would require a special use permit. Mayor Pro Tem Jorgenson stated that during the special use permit process neighboring residents would be contacted. � Councilman Billings asked the permitted uses in an M-2 zoning district. They were outlined by Mr. Hickok. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Billings, Councilwoman Bolkcom, and Mayor Pro Tem Jorgenson coted in favor of the motion. Councilman Schneider voted against the motion. Mayor � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 Pro Tem Jorgenson declared the MOTION FAILED, requests require four affirmative votes. NEW BUSINESS: PAGE since rezoning 18. APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANQKA FOR OSBORNE ROAD IMPROVEMENT PROJECT N0. cm �a4d-�• Mr. Flora, Public Works Director, stated that a neighborhood meeting was held. Bus stops in this area were identified, and sidewalks are proposed for the south side of Osborne Road Councilman Schneider stated that there are persons who oppose the sidewalks, as there are presently no sidewalks to the east in Mounds View. Mr. Flora stated that Ramsey County's road does connect, but most likely, sidewalks would not be installed until a later date when Highway 10 is connected to the Highway 610 system Councilman Schneider stated that the only children that walk on the street are those of families who are opposing the sidewalk. If, at a future date, the City wanted to install a sidewalk, it could be done when Mounds View installs their sidewalk. Ms. Vivian Blaido, 1400 Osborne Road, stated that the bus stops in front of her home, and the children living on Osborne Road are picked up in front of their homes. She felt that a sidewalk was not needed, and she did not want it. Ms. Laurie Hanlish, 1682 Osborne Road, felt that the sidewalk_ could be installed when Mounds View installs their sidewalk. As far as safety, the sidewalk would be inviting people to walk down the street in front of their homes. The City would not remove snow from the sidewalk, and some residents felt that they should not have to plow a sidewalk they did not want. She questioned who was responsible if someone was in�ured on the sidewalk in front of her home. Mr. Knaak, City Attorney, stated that whether or not the City maintains the sidewalk is a litigated issue. At times it would be the City's responsibility, but the City tends to impose an obligation by ordinance that it is a �oint responsibility. In case of a lawsuit, probably both the City and homeowner would be sued Ms. Hanlish submitted a petition of fifteen persons who were against the sidewalk on Osborne Road. MOTION by Councilman Schneider to receive Petition No. 10-1996 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 13 Ms. Hanlish stated that if the sidewalk was installed, not even taking into consideration the loss of trees, it would be 18 feet from her front step. She believes this invites people to walk down the street in front of her home. Mr. Ed Blaido, 1400 Osborne Road, felt that there would be a safety issue with the snow. With a sidewalk, the pitch for plowing would be changed, resulting in more snow being stacked and making the visibility less for persons backing out of their driveways onto Osborne Road. Mayor Pro Tem Jorgenson asked if this incurs any legal liability for the City for anyone being in�ured while walking on the road if the sidewalk was not installed. Mr. Knaak stated that it does not incur any legal liability, and the City's position in that respect is very strong. Mr. Huynes, 1424 Osborne Road, felt that it was important to satisfy the residents who live on Osborne Road. They do not want a sidewalk. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into the �oint powers agreement with Anoka County � for the reconstruction of County Road No. 108 between County State Aid Highway No. 35 (Old Central Avenue) and the East County Line, with the deletion of the sidewalk construction along the south side of Osborne Road or, more specifically, the deletion of Item III, B-2 and Item III, B-7. Seconded by Councilwoman Bolkcom. ' Mr. Burns, City Manager, stated that he wanted to make sure that Council understands that the drainage is a Phase I pro�ect related to the Phase II pro�ect for next year along Old Central Avenue. Mr Flora stated that there is an agreement between Spring Lake Park and Fridley for a cer�ain flow which runs from that neighborhood south to Norton Creek and then into Rice Creek. The City does not yet know the costs, but the flow will be reduced in the current system by taking out the Spring Lake Park water. A pipe wi11 be placed from Osborne Road and parallel Old Central Avenue south into Rice Creek. Councilman Schneider questioned if the City should proceed with this pro�ect before there is addltional information on Phase II. Mr. Flora stated that the origlnal pro�ect was from 69th Avenue north to Highway 10. The phase now being done is one part of Osborne Road and Old Central Avenue north. Mayor Pro Tem Jorgenson stated that the improvement is needed on Osborne Road, as the residents have a lake every spring in front of their homes. Councilman Billings stated that he was fully aware of the other phase, as the City reviewed the ten-year pro�ects for the County. L___� � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 14 This was a pro�ect two years ago, and the City requested the sidewalk be added. Councilman Schneider asked if this creates a problem for the residents on Osborne Road if the City did not proceed with Phase II. Mr. Flora stated that as far as the problems, if the pipe is not installed down Central Avenue, there will be water on Osborne Road. In the worst scenario, it probably will not be any worse than it has been in the past because Osborne Road will have curb and gutter, and the water may be in the road for a short term duration. Councilwoman Bolkcom asked why only part of the improvement was being done at this time. Mr. Flora stated it was because the funding was not available. MOTION by Councilman Billings to amend the cost figures for Item III, C and D to reflect the deletions in this �oint powers agreement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, a11 voted aye, and Mayor Pro Tem Jorgenson declared the motion carried unanimously 19. APPROVE SITE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND APT MINNEAPOLIS, INC., ALLOWING THE PLACEMENT OF ANTENNAE FOR WATER TOWER LOCATED AT 6950 HIGHWAY 65 N.E. Mr. Hunt, Assistant to the City Manager, stated that this is a site lease agreement with American Portable Telecom (APT) to allow them to place three sets of three antennae for digital personal communication systems on the water tower at 6950 Highway 65. This agreement is the result of four months of negotiations. A model site lease agreement developed by the League of Minnesota Cities was used as a basis with some minor changes. Councilman Schneider asked if these were the same as cellular telephone antennae. Mr. Jeff Peterson, representing APT, stated that was correct, and the maximum power of the antennae is 500 watts. MOTIpN by Councilman Schneider to authorize the Mayor and City Manager to enter into the site lease agreement with American Portable Telecom (APT). Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 15 � 20. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there are two items to be discussed informally after this meeting. One is funding for the proposed Community Education Center improvements, and the other is the 57th Avenue traffic improvements. ADJOURNMENT: MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 30, 1996 ad�ourned at 10:02 p.m. Respectfully submrtted, ' � � i, � �,, :^, �^ Carole Haddad Secretary to the City Council � � Nancy J. Jorgenson Mayor Pro Tem