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09/08/1997 - 00001711� OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:33 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of A1legiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PROCLIIMAT I ON : Mayor Jorgenson, Councilman man Billings, Councilman Councilwoman Bolkcom None CONSTITUTION WEEK, SEPTEMBER 17-23, 1997: Barnette, Council- Schneider and Mayor Jorgenson read and issued a proclamation proclaiming the week of September 17 through 23, 1997 as Constrtution Week. She urged all resldents to reflect, during this week, on the many benefits of � the Federal constitution and privileges and responsibilities of American citizenship. APPROVAL OF MINUTES: � COUNCIL MEETING. AUGUST 25. 1997: MOTION by Councilman Schneider to approve 5econded by Councilwoman Bolkcom. Upon aye, Mayor Jorgenson declared the motion APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS. the minutes as presented. a voice vote, a11 voting carried unanimously. 1 ORDINANCE N0. ll02 AMENDING SECTION 7.02 OF THE FRIDLEY CITY CHARTER (TAXATION AND FINANCE)• Mr. Burns, City Manager, stated that this amendment replaces a 16 mill limit on the dollar value of assessed property valuation with language that ties property tax limits to the Consumer Price Index for the Twin Cities metropolitan area. The State's prescribed method for calculating taxes that was adopted in 1988 abandons the mill rate in favor of a new tax rate system that defies interpretation in mill rate terms. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 2 Mr. Burns stated that, in order to establish more meaningful limits on property taxes, the proposed language would require a public hearing and a four-fifths ma�ority vote of the Council to approve tax levies that increase by more than the Consumer Price Index increase for the prior year. The first reading of the ordinance was on August 25. Staff recommends Council's approval for adoption on the second reading. WAIVED THE READING AND ADOPTED ORDINANCE NO SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. 3 1102 ON THE RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 20, 1997: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 20, 1997. RESOLUTION NO 66-1997 OF THE CITY OF FRIDLEY ;MS OF A METROPOLITAN COUNCIL GRAN' MINNESOTA TO r'INANCIHI, ASSISTANCE TOWARll THE COMPL�'1'lON OF '1'HE Cl'1'Y Ur' FRIDLEY'S AMENDMENT OF THEIR COMPREHENSIVE PLAN• � Mr. Burns, City Manager, stated that the request for this grant was submrtted on July 18, 1997. The City was recently notified of an award of at least $8,190. This amount is to be ad�usted upward, if additional funds become available. The terms of the grant are: (1) supporting the concept of encouraging development within 2020 MUSA; (2) commitment to revitalize our portion of the "urban core;" and (3) a strong interest in creat�_ng a more liveable community zn accordance with the Metropolitan Counc�l's 2090 policy goals. � Mr. Burns stated that staff has examined these terms and concluded that they are no more restrictive than any that the City has previously agreed to. Council's approval is recommended. ADOPTED RESOLUTION NO. 66-1997. 4. APPROVE COMPREHENSIVE SIGN PLAN FOR 7651 CENTRAL AVENLTE N.E. BY ABLE PROPERTY MIINAGEMENT, INC. (WARD 2)• Mr. Burns, City Manager, stated that this plan was submitted by Able Property Management, Inc. The owners of property at 7651 Central Avenue propose to remove existing signs and to install three internally illuminated cabinet signs. Each sign measures 32 inches by 8 feet and will be 21.3 square feet in area. The total square footage of the three signs (64 square feet) does not exceed the amount of square footage allowed for these signs. Council's approval is recommended sub�ect to the stipulation that there be no free standing signs allowed on this site. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER B, 1997 PAGE 3 APPROVED THE COMPREHENSIVE SIGN PLAN FOR 7651 CENTRAL AVENUE N.E., WITH THE STIPULATION THAT THERE BE NO FREE STANDING SIGNS ALLOWED ON THIS SITE. 5. APPROVE ONE-YEAR EXTENSION FOR VARIANCE REQUEST, VAR #95-24, BY KENNETH ANDERSON, TO ALLOW THE CONSTRUCTION OF A PORCH AND GP,RAGE, GENERALLY LOCATED AT 132 RIVER EDGE WAY N.E. (WARD 3): Mr. Burns, City Manager, stated that the original four foot rear yard variance was approved August 26, 1996. This extension wi11 allow the owner to combine the porch and garage improvements with substantial improvement to the main structure. Staff recommends approval of the extension retroactive to Auqust 26, 1997 for one-year to August 26, 1998. APPROVED A ONE-YEAR EXTENSION FOR VARIANCE REQUEST, VAA #95-29. 6. APPROVE STORM DAMAGE CLEAN UP POLICY FOR THE CITY OF FRIDLEY: Mr. Burns, City Manger, stated that during the last two years, the City has been responding to severe storm damages through � curbside collection of tree limbs. At Council's request, staff has developed a policy to continue this activity at City expense. Mr. Burns stated that the ma�or components of the policy are as follows: (1) upon declaration of a storm damage emergency by the Fublic Safety Director, the Public Works Director will assess the time and resources necessary for brush collection in those areas of the City that are identified as impacted by the storm; (2) the City wi11 remove or trim damaged trees that are in the public right-of-way; (3) the City will remove, cut, and stack tree branches from storm damaged trees that have been placed at the curb by residential, commercial, and industrial property owners; (4j the City will not remove tree trunks that have been removed from private property; and (5) the City will not be responsible for brush pick-up after the established clean-up date. Council's approval of this storm damage policy is recommended. APPROVED THE STORM DAMAGE CLEAN UP POLICY FOR THE CITY. 7. APPROVE ADDITIONAL COSTS TO THE AGREEMENT WITH BARTON-ASCHMAN ASSOCIATES, INC., FOR THE T-694/TH 47 NE RAMP RECONSTRUCTION PROJECT NO. ST. 1997-3: ' Mr. Burns, City Manager, stated that Barton-Aschman, the design consultant for this pro�ect, is claiming costs for work outside the original scope of services, due to the failure of MnDOT to provide certain as-built drawings, and to plan modifications made by MnDOT. These additional services are generally those related to storm sewer design, traffic signalizatzon, and street lighting. The cost for this � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 4 ;, a additional work is $13,045. The Minnesota Department of Transportation is accepting responsibility for $9,137.77 of these costs, leaving $3,907.23 to be covered by the City. It is staff's opinion that the costs are �ustified. Mr. Burns stated it is recommended that these additional costs be approved with the understanding that sufficient funds are available from Home Depot to cover the City's portion of these costs. If approved, $13,045 will be paid to Barton-Aschman with the expectation that the State will reimburse the City for $9,177.77 at the conclusion of the pro�ect APPROVED THE ADDITIONAL COSTS TO THE AGREEMENT WITH BARTON- ASCFIIdAN ASSOCIATES, INC. IN THE AMOUNT OF $13,045. RESOLUTION NO. 67-1997 ESTABLISHING WARD 3, PRECINCT 1B AS A MAIL BALLOT PRECINCT: Mr. Burns, City Manager, stated that Ward 3, Precinct 1B, was created to accommodate a recent annexation of property from Coon Rapids to Fridley. Since this precinct meets the criteria for a mail ballot precinct, staff is recommending that it be established as such. If Council approves, staff will forward the proposal to Anoka County for approval by �he Government Services Division Manager. ADOPTED RESOLUTION NO. 67-1997. RESOLUTION N0. 68-1997 DESIGNATING OFFICIAL DEPO5ITORIES FOR THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated it is recommended that the name of Susan K Lemieux, Assistant Finance Director, be added to the list of individuals who are authorized to sign checks or make withdrawals from the City's official depositories. This list would include the Finance Director, the Assistant Finance Director, and the City Manager. ADOPTED RESOLUTION NO. 66-1997. 10. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS 11. LICENSES: 12. 76399 THROUGH 76552. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: , � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 5 Allied Blacktop Company 10503 89th Avenue Maple Grove, MN 55369 1997 Street Improvement (Sealcoat) Pro�ect No. ST. 1997-10 FINAI, ESTIMATE . . . . . . . . . . Richmar Construction, Inc. 7776 Alden Way N.E. Fridley, MN 55432 . . . . $13,634.06 Filter Design and Construction, Well No. 12 Pro�ect No. 293 FINAL E5TIMATE . . . . . . . . . . . . . . . $80,016.39 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 Central Avenue Bikeway/Walkway Pro�ect No. ST. 1994-2 Estimate No. 6 . . . . . . . . Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive 5t. Paul, MN 55110 Services Rendered as City Attorney for the Month of August, 1997. .. $50,594.15 $ 4,250.00 No persons in the audience spoke regarding the proposed consent agenda. MOTION by Councilman Schneider to approve the consent agenda items. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously_ ADOPTION OF AGENDA MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 6 PUBLIC HEARING: 13. PUBLIC HEARING ON REZONING REQUEST ZOA #97-02, BY THE HOUSING CORP., FOR SHADDRICK & LABEAU AMERICAN LEGION POST 303, TO REZONE FROM R-1, SINGLE FAMILY DWELLING, TO C-2, GENERAL BUSINE55, IN ORDER TO ALLOW THE CONSTRUCTION OF AN EXPANDED PARKING LOT FOR THE AMERICAN LEGION, GENERALLY LOCATED AT 1360 ONONDAGA STREET N.E. (WARD 2): MOTION by Councilman Schneider to waive the reading of the public hearinq notzce and open the pu6lic hearinq, Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Sorgenson declared the motion carried unanimously and the public hearing opened at 7:45 p.m. Mr. Hickok, Planning Coordinator, stated that this is a request by the American Legion to rezone property at 1360 Onondaga Street from R-1, single family dwelling, to C-2, general business, in order to allow the construction of an expanded parking lot. If this rezoning is approved, the existing dwelling and detached garage on this property will be removed and a parking lot constructed. Mr. Hickok stated that staff evaluated this rezoning request using ' standard compatibilrty criteria with the proposed district, ad�acent uses, and district requirements. The proposed use is an expanded parking area for the American Legion and is a permitted accessory use in a C-2 zoning district. In 1975, the City approved a rezoning for the American Legion property. This request extends the commercial zoning an additional 50 feet into the residential area and allows the American Legion to meet their parking requirements. The building does not meet the side yard setback for a C-2 district; however, the parking area meets the setback requirements. Screening from the public right-of-way would be provided, as an eight foot screening fence is proposed ad�acent to the residential properties. Mr. Hickok stated that the Planning Commission voted unanimously to recommend approval of this rezoning. The pro�ect meets the tests of the three evaluated criteria and staff also recommends approval with the stipulations that (1) a Comprehensive Plan amendment shall be approved prior to construction of the expanded parking area; and (2) a$5,000 performance bond shall be submitted to ensure completion of the landscaping and fencing. Councilman Schneider stated that a letter was received in opposition to this rezoning. MOTION by Councilman Schneider to receive the letter from James and � Teresa Hub, 1395 Onondaga Street, dated August 27, 1997. Seconded by Councilman Billings. Upon a voice vote, a11 voting aye, Mayor Jorgenson declared the motion carried unanimously. Councilman 5chneider stated that he visited the site. He felt the additional parking would improve the situation for the neighborhood and would be a posrtive change. He said that Mr. and Mrs. Hub's � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 7 concerns are valid, but they have nothing to do with the rezoning issue. Their concerns are about debris, loud music, and behavior of the patrons. Mr. Hickok stated that Mr. and Mrs. Hub's property is located north of and four lots from the area of the expanded parking. Mr. Watson, Chaplain of the American Legion Post 303, stated that they have had problems with parking and drainage. However, they would hope to alleviate the issues pointed out in Mr. and Mrs. Hub°s letter once they have sufficient parking. Councilman Billings stated that his neighbor's secretary lives on Onondaga. She felt that expanding the parking lot would be good for the neighborhood. No other persons in the audience spoke regarding this proposed rezoning. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 7:54 p.m OLD BUSINESS: 14. APPROVE 1997-1998 ANIMIIL CONTROL CONTRACT BETWEEN THE CITY OF Mayor Jorgenson removed this item from the table. She stated that at the last meeting there were questions regarding euthanasia. Mr. Sallman, Public Safety Director, informed council that Skyline Animal Clinic was contacted. They said that animals are euthanized with a lethal in�ection of beuthanasia. They keep an animal a minimum of seven days before it is euthanized. The Brighton Clinic uses a euthanizing solution and keeps an animal for a minimum of five days, sometimes longer. Councilman Schneider asked if an animal is scanned for a micro chip to determine who owns the animal. Mr. Burns stated that staff would check to find out if this is done. MOTION by Councilman Barnette to approve the 1997-1998 animal control contract with the Brighton Veterinary Hospital. Seconded ' by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 15. RECEIVE BIDS AND AWARD CONTRACT FOR COPIER MACHINES� Mr. Hunt, Assistant to the City Manager, stated that seven bids were received for copier machines. One bid arrived late and was � L. J � FRIDLEY CITY COUNCIL I�ETING OF SEPTEMBER 8, 1997 PAGE 8 not opened. Another vendor bid on only six of the seven machines and did not include a bid for the copier/fax machine at Springbrook Nature Center. It is recommended, therefore, that Council only receive the five other bids. Mr. Hunt stated that the low bidder was Stringer, the Lanier copier agent, at $39,922 for the seven copiers plus applicable sales tax and the service and maintenance per copy costs. The estimated cost for service and maintenance are $25,951 over a four-year period. No maintenance fee is charged during the first ninety days. However, the City pays for the toner so the cost would be slightly less than $25, 591. It is recommended that the bid be awarded to Stringer, the low bidder, at an estimated cost of $65,872. MOTION by Councilman Schneider to receive the following bids for the copier machines: Copier Machines Ikon $44,200 (Cannon, Minolta, Sharp & Toshiba) Konica Metro Sales (Ricoh) Stringer (Lanier) Xerox $47,243 $49, 415 $39,922 $56, 165 Serv./Maint. $26, 105 $26,352 $33,972 $25,951 $81,848 Total $ 70,305 $ 73,595 $ 83,387 $ 65, 872 $138,013 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for the seven copiers to the low bidder, Strinqer, in the amount of $39,922 plus estimated service and maintenance costs of $25,951, or a total of $65,872. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanlmously. NEW BUSINESS• 16 FIRST CITY DISTR READING OF AN ORDINANCE TO AML�ND THE CITY CODE OF THE iie�s4�1'l� Mr. Hickok, Planning Coordinator, stated that the Planning Commission unanimously recommended approval of this rezoning from k-1, single family residential, to C-2, general business. Councilman Schneider questioned if the stipulations should be included in the ordinance. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 9 Ms. Dacy, Community Development Director, stated that the ordinance refers to the stipulations adopted at this Council meeting. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading, with Section l, paragraph 2 of the ordinance referring to the stipulations that a Comprehensive Plan amendment shall be approved prior to construction of the expanded parking area; and (2) a$5,000 performance bond shall be submitted to ensure completion of the landscaping and fencing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 17 RESOLUTION NO L.S. #97-02, ' 69-1997 APPROVING A SUBDIVISION, LOT SPLIT SPLIT A PORTION OF 7922 RANCHERS ROAD AND AD IT TO 7940 FtANCHERS ROAD TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOTS 7 AND 8, BLOCK 4, UNIVERSITY INDUSTRIAL PARK, GENERIILLY LOCATED AT 7922 AND 7940 R1INCHERS ROAD N.E. (WARD 3): Mr. Hickok, Planning Coordinator, stated that this request is to split a portion of property 20 feet by 75 feet from 7922 Ranchers Road and add it to 7940 Ranchers Road. Both properties are zoned M-1, light industrial. In 1965, a variance for parking was granted for the parcel at 7940 Ranchers Road. In 1984, a lot split was approved to split the property. The proposed lot split does not create a buildable lot, as the lot areas for both properties do not meet the 1.5 acre requirement. The lot coverage increases on each property to 39 percent. An easement to allow access and address drainage and parking concerns was previously granted by the Czty. Mr. Hickok stated that, as proposed, an 18-inch gap would exist between the two buildings. This should be closed in to eliminate future maintenance problems. The Engineering Division is concerned about the capacity of the regional drainage pond. Mr. Hickok stated that the Planning Commission unanimously recommended approval of this request with the stipulations that (1) no future development on the sub�ect or surrounding vacant properties shall occur until an analysis of the capacrty of the regional storm water pond occurs and is approved by the City; and (2) that the petitioner shall close the 18-inch gap between the proposed addition and the existing building located at 7922 Ranchers Road and make them architecturally compatible. Mr. Hickok stated that staff recommends denial of this lot split, as it does not meet the minimum area requirements and approval would not be consistent with previous plats and lot split actions. Councilman Barnette questioned how the 18-inch gap would be enclosed and if there would be a roof over it. Mr. Hickok stated that the petitioner indicated there is a way to create a wall on the front and back of the building. Essentaally, it would be a typical wall but have an 18-inch air space. � FRIDLEY CZTY COUNCIL MEETING OF SEPTEMSER 8, 1997 PAGE 10 Mr. Haukaas, Assistant Public Works Director, stated that with some of the recent additions and changes, there has not been a complete analysis of the drainage. The pond serves more than one lot and with the sandy soil, there is not much of a problem. The pond has been improved in a piecemeal fashion. With any development beyond this addition there should be an analysis done. Councilwoman Bolkcom questioned if the lots could be combined so that they meet the code requirements. In 1985, the code was changed to require a minimum of 1.5 acres for development. She felt the City should not deviate from this requirement. Mr. Hickok stated that he would defer to the petitioner, but he believes they are separately owned. Councilman Billings stated that he felt if Council approved this lot split it would be going in the opposite the direction the City wanted to proceed. He would like the lots combined into one that meets code instead of taking from 7922 Ranchers Road to enhance 7940 Ranchers Road. He also had concerns about the ponding and the stipulation about future development. Mr. Haukaas stated that the pond is in the rear lot area of these � properties. There reaily are not any lots left to build on. If there are additional expansions or changes to the existing properties, he felt the City needed to look at the area as a whole. He stated that really the only properties affected are in this block. Ms. Dacy, Community Development Director, stated that the wording in the stipulation to include surrounding vacant properties should probably be eliminated, as the lot split has to do only with the two lots. Councilman Billings stated that property owners should probably be forewarned of the drainage prol�lem in the area. Anything they do in the future would require on site ponding. Mr. Haukaas stated that there currently is not a problem, but there is the potential for one in the future. Mr. Paschke, representing the property owners at 7922 and 7940 Rancher Road, stated that this pro�ect was designed in 1982. The pond was designed to handle a one hundred year storm. This year, there was a five hundred year storm. There were no problems with the pond, and it was not close to capacity. No one from the City has approached him with problems with the pond. The only thing �hey are required to do, by law, is to detain the water for a ' period of time. The pond has the capacity to handle the water in that area. The addition requires the handling of 900 cubic feet or about 1,500 gallons of water which is minute and results in about one-fourth of an inch more water in the pond. Mr. Paschke stated that the property owners at 7922 Ranchers Road were thinking of additions to their property so 30 feet was taken � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 11 from Lot 7 and added to Lot 8. With this lot split 30 feet is being taken from Lot 8 and being reverting back to Lot 7 where it was when it was platted in 1989. Councilwoman Bolkcom asked if the two lots could be combined to meet the code. Mr. Paschke stated that there are two different owners and two mortgages. There are several other buildings in this area with the same circumstances, one is on 81st Avenue, and it is well maintained. Councilwoman Bolkcom stated that at some point, the City is going to have to follow the codes and require the 1.5 acres. 5he did not want to set a precedent for the future. She cited the case of a residential property from the last Council meeting. Mr. Paschke stated that there is only 47, 000 square feet, and it was never platted for 1 5 acres. Councilman Barnette stated that in a situation from the last Council meeting, a person bouqht a lot after the ordinance was passed knowing full well it was not a buildable lot. Mr. Paschke's � development was platted in 1984, and the ordinance was not changed until 1985 for the 1.5 acre requirement. He felt that this was a different situation and is an existing development. Ms. Dacy stated that this is essentially a replat of two lots. Another option would be to re-convey the south 30 feet of Lot 7 back to Lot 7 from Lot 8 and expand the building on the north. This would permit about a 4,000 to 4,500 square foot addition, and the lots would revert back to the area originally created. Councilwoman Bolkcom asked if the owners would consider a smaller addition. Mr. Paschke stated that he cannot speak for them. He felt, however, that the Fire Department might have a concern with two buildings too close together so that they cannot fight a fire. He felt that this would create a maintenance and fire problem at that close dlstance. Ms. Dacy stated that she did not necessarily agree and would like to review this with the Fire Department. There would be fire walls, and the new addition would have to be sprinkled. Staff presented a video tape of the area and the two buildings involved in this lot split. � Councilman Billings stated that he could not support this lot split, as he felt that this was the opposite direction from what the City wished to accomplished by trying to eliminate as many non- conforming lots as possible. There is reasonable use of the property as it exists now. He failed to be convinced that this is in the best interests of the City as a whole. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 12 Councilwoman Bolkcom stated that she agreed with Councilman Billinqs' comments. She would be willing to table and explore staff's option for a smaller addition. Councilman Barnette stated that he would vote in favor of the lot split if more space can be provided and tihe area cleaned up to the satisfaction of the two property owners. Mr. Paschke stated that the area needs a lot of soil correction. It would not be possible to complete the addition this year if there are delays. There is probably another way to construct the addition so there is no impact, as the buildinq has more than the required number of parking spaces even with the proposed addition. Mr. Paschke stated he felt that Council should study the recommendation regarding no future development before any action is taken. The pond serves all the property alonq Ranchers Road and the University Industrial Park which is the three shopping centers. There are other ponding areas built into this entire system. The only thing that was talked about was the grassed in ponds. By 1aw water can be detained on the roof of the property. Councilwoman Bolkcom stated that her concern was not the drainage � issue. What staff is recommending is that there be no further future development on the sub�ect or surrounding vacant properties until an analysis of the capacity of the storm water pond occurs. Mr. Haukaas stated that he met with Mr. Paschke's engineer and is satisfied with the amount of ponding for this pro�ect. Since the pond was originally installed, there have been some changes. The site needs to be re-analyzed before any future development occurs. � Councilman Schneider asked the permitted lot coverage. Mr. Hickok stated that the permitted lot coverage is 40 percent in this zoning district. In both cases the lots would be at 39 percent lot coverage. Councilman Schneider stated that this building was in existence before the code was changed. Nothing can be done to make it 1.5 acres. Councilman Billings stated that there is a letter from the owners at 7922 Ranchers Road agreeing to the lot split. He questioned if there was any communication from the owners of 7940 Ranchers Road. Mr. Hickok stated that the request for this lot split is from the owners at 7940 Ranchers Road, and they have filed the application. Councilman Barnette asked how the 18-inch gap would be covered between the two buildings. Mr. Paschke stated that preliminary plans have been submi�ted, and they intend to cover the 18-inch gap. The roofs would be � � 1 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 13 connected, and there have been no legal or title problems with this situation. It creates a legal lzne between the two buildings. MOTION by Councilwoman Bolkcom to deny Lot Split, L.S. #97-02. Seconded by Councilman Billings. Upon a voice vote, Councilwoman Bolkcom and Councilman Billings voted in favor of the motion. Mayor Jorgenson, Councilman Barnette, and Councilman Schneider voted against the motion. Mayor Jorgenson declared the motion failed. MOTION by Councilman Barnette to adopt Resolution No. 69-1997, with the following stipulations: (1) no further future development on the sub�ect or surrounding vacant properties shall occur until an analysis of the capacity of the regional storm water pond occurs and is approved by the City; and (2) the petitioner shall close the 18 inch gap between the proposed addition and the existing building located at 7922 Ranchers Road and make them architecturally compatible. Seconded by Councilman Schneider. Councilman Schneider stated that he basically agrees with the philosophy of the Council in that a line oP encroachment needs to be in the code. However, this is an existing building, and it was platted before the ordinance was changed. He was concerned that this not be taken as a blanket precedent. Councilwoman Bolkcom asked if this was approved if Council was settinq a precedent. Mr. Knaak, City Attorney, stated that whenever Council approves something it does set a precedent. They are required to treat similar applications in the same manner. However, if this situation is unique it makes the City's position more defensible. Council needs to be concerned about particular distinguishing circumstances. Councilman Barnette stated that the lot was platted prior to the ordinance being changed to the 1.5 acre requirement. Councilman Schneider stated that with this lot split it reverts back to what was originally platted. It meets the overall lot coverage area, and there are no drainage problems associated with this particular addition. MOTION by Councilman Billings to amend the above motion by eliminating the words "or surrounding vacant properties" from stipulation No. 1. Further, to add the following stipulations: (3) the petitioner shall submit a notarized statement from the fee owners of 7922 and 7940 Ranchers Road before October l, 1997 indicating that both fee owners understand the stipulations; and (4) that these stipulations will be filed against both properties at the Anoka County Courthouse. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 14 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, Mayor Jorgenson, Councilman Barnette and Councilman Schneider voted in favor of the motion. Councilman Billings and Councilwoman Bolkcom voted against the motion. Mayor Jorgenson declare the motion carried. 18. PRELIMINARY PLAT, P.S. #97-02, BY GREG FRANK OF MCCOMBS, FRANK, ROOS & ASSOCIATES, AGENT FOR WAI,-MART, TO SUBDIVIDE PROPERTY INTO TWO LOTS, AN OUTLOT AND DEDICATED RIGHT-OF-WAY, GENERF�LLY LOCATED AT 8150 UNIVERSITY AVENUE N.E. (WARD 3): Ms. Dacy, Community Development Director, stated that this is a preliminary plat which includes four parcels: Lot l, 12.96 acres which will contain the Sam's Club facility; Lot 2, 7.11 acres which is vacant and will be sold for a future use; Outlot A, 1.81 acres which contains a storm water pond which will service both Lots 1 and 2; and right-of-way dedication for the West University Avenue Service Road. The plat encompasses Sam's Club, and the remaining vacant property ad�acent to and north of Sam's Club. The proposed plat meets the minimum lot area requirements for the C-3 district. A portion of Lot 2 will need to be rezoned from C-2 to C-3. Cross parking, access easements, and �oint use and maintenance agreements for the storm water pond will need to be recorded. She stated that stipulations from the expired development agreement will be met with this request. Ms. Dacy stated that the Phase II development behind Sam's Club was to cost $3 million. It is anticipated Bachman's will be purchasing the second lot, plus space for a restaurant. Ms. Dacy stated that the Planning Commission voted unanimously to recommend approval of this request with five stipulations which she outlined. Councilman Billings asked who maintains ownership of the outlot. Ms. Dacy stated that both owners would be responsible. There is a stipulation regarding the outlot which is to be recorded against the properties. Mr. Knaak, City Attorney, stated that by covenants or other language agreed to by the owners, the maintenance of the outlot can be enforced in court. Ms. Dacy stated that when Wal-Mart creates the plat they will own Outlot A, and it would not be conveyed if they want to continue ownership. Councilman Billings felt a stipulation should be added that Outlot A will be attached to Lot 1 unless a lot split is presented to the City or an addendum to Stipulation No. 1 that, as part of the storm agreement, ownership will have to be decided for Outlot A. Ms. Dacy stated that to have it combined for tax purposes would clarify the issue. � � � FRIDI.EY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 15 Councilman Billings stated that Lot 2 would be sized not only for retail space but for a potential restaurant. He asked if a lot split would be required. Ms. Dacy stated that Lot 2 would provided for one use. Bachman's indicated that they are evaluating it and would submit a replat for the second lot. No application has, as yet, been submitted. There is the potential that Lot 2 could be replatted in the near future. Mr. Frank, representing Wa1-Mart, stated that there is language in the City's requirements to make sure that the outlot could not be conveyed separately from Lots 1 or 2. They accept this language. Mr. Knaak stated that there is no harm in additional clarification on this topic, and it would be appropriate. Councilwoman Solkcom asked what the expansion at Sam's Club would znclude. Mr. Frank stated that when Sam's Club acquired this store it was less than a typical Sam's club. More space is needed for their merchandise and to respond to their clientele. The General Manager of Sam's Club stated that to provide an updated facility for their customers, this store would be remodeled in line with other Sam's Club's. Councilman Billings stated that he would recommend another stipulation be added that Outlot A be combined with either Lot 1 or Lot 2 for tax purposes. MOTION by Councilwoman Bolkcom to approve preliminary plat, P.S. #97-02, for Wal-Mart, to subdivide property into two lots, an outlot and dedicated right-of-way, with the following stipulations: (1) a �oint storm water pond use and maintenance agreement between both owners of Lot 1 and 2, Walton Addition, shall be executed and recorded against Outlot A, Walton Addition; (2) cross-parking and access easements shall be executed and recorded against Lot 1 and Lot 2, Block 1, Walton Addition; (3) that portion of Walton Addition currently defined as Lot 2, Block 2, Caba Realty 1st Addition, shall be rezoned from C-2, General Business to C-3 General Shopping Center District, prior to the time of development; (4) the petitioner agrees that both Lot 1 and Lot 2, Walton Addition, shall be assessed for their share of the installation of a stoplight at 83rd & University Avenues; (5) the petitioner shall pay a park dedication fee of $13,359.03; and (6) that Outlot A be combined with either Lot 1 or Lot 2 for tax purposes. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 19. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND BRW TO ON PROJECT N0. ST. 1997-4: Mr. Haukaas, Assistant Public Works Director, stated that proposals were requested of Barton-Aschman and BRW for the design and � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 16 construction/inspection of the 57th Avenue reconstruction pro�ect. Barton-Aschman submitted a proposal of $59,950 to design the pro�ect and $32,000 for inspection. BRW's submittal for design was $42,210 and construction/inspection at $15,950 for a total of $58,160, making them the low bidder. Mr. Haukaas stated that Home Depot will contribute $25,000 for the design of the pro�ect, which leaves a remainder for the design and construction/inspection of $33,160 to be paid by the City. Staff recommends Council approval to allow BRW to design the pro�ect. MOTION by Councilman Billings to authorize staff to prepare an agreement with BRW in an amount not to exceed $58,160 for the design and construction/inspection for the 57th Avenue reconstruction pro�ect and submit the contract to Council for approval. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 20. INFORMILL STATUS REPORTS: Mr. Burns, City Manager, stated that there were several items to be discussed during the conference session including: litigation; Old Central Avenue pro�ect; Fridley Community Center pro�ect; and potential contract for telecommunication services. Mr. Burns stated that the City is still solicit�ng volunteers to assist with the landscaping at the community center on September 20 beginning at 8•00 a m. Those interested in volunteering may contact him directly at 572-3506. Councilman Barnette suggested that Mr Bock at the Fridley High School be contacted about obtaining students from his landscaping class to assist with this pro�ect. Mayor Jorgenson suggested that Boy Scouts working on their badges may wish to participate. ADJOURNMENT: MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 8, 1997 ad�ourned at 9:21 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Nancv J. Jorgenson Mayor