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10/27/1997 - 00001774� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF 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 1ed the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: �^ MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings, Councilman Schneider and Councilwoman Solkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, OCTOBER 13, 1997 MOTION by Councilman Sillings to approve the minutes as presented Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1106 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS -U4, BY BOLTON & Y�ri��a{'�i7`.lai�'��7��l:yM��i�l�l_k�7����1[iZM VY�1�; Mr. Burns, City Manager, stated that Council approved the first reading of this ordinance on October 13, 1997, with six stipulations. This rezoning requesr was to rezone property located to the east of the existing Friendly ChevroleL property from M-4 to C-3. This rezoning will enable Friendly Chevrolet to construct an addition, as well as additional parking. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1106 ON THE SECOND READING, WITH THE FOLLOWING STIPULATIONS, AND ORDERED PUBLICATION: (1) SARBED WIRE SHALL NOT BE INSTALLED ON THE EXTENDED FENCE AND SHALL BE REMOVED FROM THE EXISTING FENCE; (2) THREE MARSHAI,L'S ASH, SPACED EVENLY, SHALL BE INSTALLED ALONG FIRESIDE DRIVE IN ADDITION TO THE PROPOSED HEDGE; (3) THE PLAT REQUEST SHALL BE APPROVED; (4) THE PETITIONER SHATT RECEIVE A SPECIAL USE PERMIT PRIOR TO EXPANSION OF THE PAFtKING LOT; (5) ADDITIONAL HEDGE MATERIALS SHALL BE INSTALLED ALONG FIRESIDE DRIVE IN THE AREA OF THE "OLD" PARKING LOT; AND (6) ADEQUATE ON-SITE EMPIAYEE AND CUSTOMER PARKING SHALL BE PROVIDED. ON-STREET PARKING SHALL NOT BE ALLOWED. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 2 AND B. RECEIVE LETTER FROM FRIENDLY CHEVROLET DATED OCTOBER 27, 1997: � C! 2. 3. MOTTON by Councilman Schneider to receive the letter dated October 27, 1997 from Friendly Chevrolet withdrawing their variance request. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mr. Burns, City Manager, stated first reading of this ordinance rezoning request was to rezone intersection of rJniversity Avenue C-2. that Council approved the on October 13, 1997. This property located at the and 73rd Avenue from M-2 Lo THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. OF AN ORDINANCE TO AMEND THE CITY CODE OF THE i �,_ ��E:i�_i�`fci?I; s �7`q�7iifi Mr. Burns, City Manager, stated that Council approved the first reading of this ordinance on October 13, 1997, with three stipulations. This rezoning request is to rezone property at the intersection of 63rd Avenue and East Moore Lake Drive from R-1 and C-3 to CR-1. This rezoning will enable the owner to construct a 3,022 square foot office building that will house the International Ministerial Fellowship. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NO. 83-1997 CHANGING THE DATE OF THE DECEMBER 15 L MEETING TO DECEMBER 8, 1997. Mr. Burns, City Manager, stated that this change of date was being requested in order to establish a leyally correct ' continuation date for the 1997 Truth in Taxation hearing on the 1998 budget. ADOPTED RESOLUTION NO. 83-1997. � I_ J � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 NEW BUSINESS: 5 0 7 G' PAGE 3 READING OF AN ORDINANCE AMENDING CHAPTER 602, "BEER SECTION 602.05.O1.C: P4l�; AUTHORIZE PUBLICATION OF OFFICIAL TITLE AND SUMMARY• Mr. Burns, City Manager, stated that this ordinance brings the City into conformance with a 1996 Statute that proscribes the term "non-intoxicating liquor." This Statute requires the replacement of this term with the words "3.2 percent malt liquor" in the City's beer licensing law. Mr. Burns stated that in addition to the aboce changes, staff, with the support of the City Attorney, is recommending that the process for approval of a beer license be changed. This change would allow the City Clerk to publish the hearing notice wrthout Council approval and will assist the City in staying within the State's sixty-day action law. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 15, 1997: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 15, 1997. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY FOR THE 1997 COMM[JNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Burns, City Manager, stated Lhat �he City has received the standard agreement between the City and the County that needs to be executed for receipt of CDBG funds. The agreement covers the period from July 1, 1997 to June 30, 1998. Nothing in the agreement changes any of the previously aqreed upon usages for these funds. APPROVED THE AGREEMENT BETWEEN THE CITY AND THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY FOR THE 1997 CDBG PROGRAM. RESOLUTION SUPPORTING DESIGNATION OF THE MISSISSIPPI RIVER AS AN AMERICAN HERITAGE RIVER: Mr. Burns, City Manager, stated that the Metropolitan Council, in coopera[ion with the McKnight Foundation, is seeking Federal, "Heritage River" status Lor the portion of the Mississippi River that flows through the seven-county metropolitan area. Approval of this designation would � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 4 facilitate receipt of Federal funding for river pro�ects. By approving this resolution of support, Council is in no way committing money or relinquishing any of its local controls over this area. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. RESOLUTION NO. 84-1997 ORDERING PRELIMINARY CK�l` PLANS STREE Mr. Burns, City Manger, stated that this proposed pro�ect provides for the reconstruction of Hackmann Avenue and Hackmann Circle and for the replacement of water lines in these areas. A petition was circulated that has been signed by 32 of the 58 property owners A public hearing has been set for November 10, 1997. This resolution authorizes the drafting of preliminary plans, specifications, and estimates. ADOPTED RESOLUTION NO. 84-1997. 10. APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA FOR THE RECONSTRUCTION OF 57TH AVENUE 4CTf'IL�L�A1 T Li A'I TI.TTI T.fTTI.T CTDL`L�T lT�TD�I ']\ • 11 Mr. Burns, City Manager, stated that this �oint powers agreement is for the upgrading of 57th Avenue in 1998 The planned upgrade includes widening to five lanes, construction of a partial median, re-signalization of the University Avenue/57th Avenue intersection, decorative lighting, landscapinq, and storm sewer improcements. The agreement outlines cost sharing for the pro�ect between the County and the City and establishes the City's share of construction costs as $100,000. These costs exclude right-of-way acquisi- tion, new sidewalks, hydrant relocation, a portion of the storm sewer construction, street 1�_ghting, medians, any new or upgraded driveways, and the City's share of the signalization A total of $186,000 has been budgeted in the 1998 Capital Improvements budget for this pro�ect. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. RESOLUTION NO. 85-1997 ORDERING PRELIMINARY PI�ANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STORM SEF7ER PROJECT NO. 309 (WARD 1): � Mr. Burns, City Manager, stated that this is a 1998 storm water pro�ect that is located between 477 and 601 Rice Creek Terrace. The pro�ect includes grading, construction of retaining walls, storm sewer improvc-ments and landscapinq, with fifty percent of the cost funded by the Rice Creek_ Watershed District. The other fifty percent of the pro�ect costs of $250,000 wi11 be shared evenly by the propertV owners � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 5 and the City. The property owners' share will be assessed over a fifteen-year period. A ma�ority of the property owners have informally aqreed to the assessment. ADOPTED kESOLUTION NO. 85-1997. 12. RESOLUTIdN NO. 66-1997 RECEIVING THE PRELIMINARY REPORT AND �nrLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF 13 14. Mr. Burns, City Manager, stated that the proposed hearing date for this pro�ect is November 10, 1997. ADOPTED RESOLUTION NO. 86-1997. APPROVE DISPOSITION OF TAX FORFEIT PROPERTY LOCATED IN THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that the Anoka County Tax Commissioner has notified the City that three parcels are scheduled to become tax forfeit. If the Clty ls interested in acquiring these parcels, the County should be notified. Staff has advised there is no City need tor any of these properties which include two Innsbruck townhomes and a small unbuildable parcel at the east end of Norton Avenue It is recommended that the City not acquire these properties and that they be sold by the County. APPi20VED THE SALE BY ANOKA COUNTY PROPERTIES NUMBERED AS 3, 36 AND 37, INTEREST IN ACQUIRING THESE PROPERTIES. �� rrn�,��� OF THREE TAX FORFEIT AS THE CITY HA5 NO Mr. Burns, City Manager, stated that this resolution establishes the terms for assessments levied against the owners of five properties who participated in this year`s hard surface driveway program. These assessments are to be spread over five years at an interest rate of seven percent. ADOPTED ftESOLUTION NO 87-1997. 15. RESOLUTION CERTIFYING CERTAIN UTILITY SERVICES TO 1998 TAXES: Mr. Burns, City Manager, stated that this list includes the � owners of 341 properties, with a combined value of unpaid utility bills, with penalties, of $163,811.54. These individuals have until thirty days after the adoption of this resolution to make payment and to avoid having the bills attached to their property taxes. � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 6 � 17 � THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. RESOLUTION NO. 89-1997 AUTHORIZING CHANGES IN APPROPRIATIONS Mr. Burns, City Manager, stated that these ad�ustments have arisen as a result of unforeseen expenditures and revenues, as well as reclassification of account codings. The General Fund expenditure ad�ustments amount to $115,363. Of this amount, $101,955 represents the expenditures of grants, disaster aid or donations. The remaining $13,408 is for unanticipated building repairs and for contractual services related to the gravel driveway program. Mr. Burns stated that the Capital Improvement Fund ad�ustments ($57,300) are all related to the receipt and expenditures of donations and contributions. ADOPTED RESOLUTION NO. 89-1997. RESOLUTION NO. 90-1997 AUTHORIZING THE CITY OF FRIDLEY TO PARTICIPATE IN THE WARDEN OIL SITE INTERIM FUNDING AGREEMENT Mr. Burns, City Manager, stated that the City has been named as a"potential responsible party" by thc- Minnesota Pollutton Control Agency for pollution of the Warden Oil site in north Minneapolis. The City has been include� on this list due to prior dealings with Warden Oil between 1976 and 1988 when the City sold its used oil from the City garage to Warden Oil. This aqreement establishes Fridley's membership in a group of "potential responsible parties" or PRPs. Representatives from the PRP list are interested in hirzng an environmental consultant to study the possibilrty and the extent of off-site pollution of the Warden Oil site Through these and other studies they hope to limit the responsibilityo uf the PRPs for cleanup of this site. The financial responsibility of each of the group members is to be proportionate to the amount of contamznation that is alleged for each PRP, but not less than $500. Fridley's alleged contribution to contamination is .66 percent, and its contribution under this agreement would be $500. Sy signing this agreement the City is not admttting any liability. Staff recommends Council's concurrence with this agreement. ADOPTED RESOLUTION NO. 90-1997 RESOLUTION NO. 91-1997 AUTHORIZING PARTICIPATION IN ANOKA- HENNEPIN DRUG TASK FORCE PROGRAM FOR 1998: Mr. Burns, City Manager, st_ated that a group of eight 1oca1 governments in Anoka and Hennepin Counties have established a special task force that is supported by manpower contributors of the member �urisdictions. This resolution would authorize ' � � FRIDLEY CITY COUNCIL MEETING OF OCTOSER 27, 1997 PAGE 7 19 20 participation of the Fridley Police Department in this task force. An officer would be assigned to this task force From the department's "problem response team " The City's intent is to appoint an officer for a two-year tour of duty, as long as the City remains a member o£ this task force, Grant funding of $257,000 from the Edward Byrne Grant will be used for payment of overtime for task force members. This resolution will indicate to other members that Fridley intends to �oin and will begln the officer selection process. P. �olnt powers agreement is expected to be submitted to Council before the end of the year. ADQPTED RESOLUTION NO_ 91-1997. RESOLUTION NO 92-1997 DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS FOR 1998: Mr. Burns, City Manager, sta�ed that this resolution establishes �he time and dates for 1998 Council meetings and conference sessions. Council meetings will begin at 7:30 p.m., and conference sessions are scheduled to begin at 7:00 p.m. ADOPTED RESOLUTION NO. 92-1997. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated it is recommended that Jeana Al1en be appointed to the position of Accounting/Data Processing Clerk to fill the position vacated by Carol Williams. Jeana is a graduate of Fridley High School and has considerable �ob-related experience at Edgcomb Metals and Augsburg Publishing House CONCURRED WITH THE FOLLOWING APPOINTMENT BY THE CITY MANAGER: Starting Starting Nam2 Position Salary Date Replaces Jeana Accounting/ $11.07 Oct. 28, Carol Allen Data Proc'g per hour 1997 Williams Clerk Non-exempt 21. CLAIMS: AUTHORIZED PAYMENT OF CLAIMS NO. 7718B THROUGH 77388. 22. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. ' � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 23. E5TIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: M.C. Magney Construction, Inc. 19245 Highway 7 Excelsior, MN 55331 Wellhouse No. 1 and Water Booster Station Pro�ect No. 298 Estimate No. 1 (Revised) . . . . . . . ... Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 Central Avenue BikewaV/Walkway Pro�ect No. ST. 1994-9 Estimate No. 9 . . . . . . . . Diversified Paving, Inc. 8019 146th Avenue N.W. Ramsey, MN 55303 1997 Driveway Paving Pro�ect No 307 Estimate No. 2 . . . . . . . . . . Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 I-694/Th 47 N.E. Ramp Reconstruction Pro�ect No. ST. 1997-3 Estimate No. 2 . . . . . . . . . . PAGE 8 $ 14,905.50 $ 14,507.45 $ 9,944.98 $239,25%.73 No persons in the audience spoke regarding the proposed consent aqenda items Councilwoman Bolkcom requested that Item 10 be removed from the consent agenda Councilman Billings requested that Items 2, 3, 5 and 15 be removed from the consent agenda. Councilman Schneider requested that Item 8 be removed Lrom the consent agenda. MOTION by Councilman Billings to approve �he consent agenda with � the exception of Items 2, 3, 5, 8, 10, and 15. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF OCTOB�R 27, 1997 PAGE 9 ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the addition of Items 2, 3, 5, 8, 10 and 15 from the consent agenda_ Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously OPEN FORUM, VISITORS: Mr. Blaine Kopischke, 6830 Monroe Street, requested assistance from Council in resolving the problem created during the 1993 street improvement pro�ect. He was informed, at that time, by Scott Erickson that the street elevation would be maintained. The elevation in front of his home was raised, and the water no longer runs from his garage to the street He contacted Mr Erickson and a swale was suggested. Mr Kopischke stated he did not want a swale because he did not think the water should run from his driveway into his yard. Mr. Kopischke stated that he has been in contact with John Flora, Jon Haukaas, Councilman Billings, and Mayor Jorgenson regarding this problem. The end result, from his conversations was that if he did not agree to the swale, there was nothing the City could do � He stated that because of the City's design flaw, he has had to put up with dirty water coming into his yard and garbage from the street running into his driveway. Water has been up to six inches high in the driveway and front yard which makes it impossible to walk or park his vehicles in his driveway. Mr. Kopischke stated that in a meeting with Jon Haukaas and l�iayor Jorgenson a swale and options were discussed, including a catch He requested a detailed plan. He received a plan several months later that did not cover any of the issues that were discussed. On further review, he did not believe a catch basin on his property would be the best solution. The City is responsible for the water on their street. He asked that Council take their situation seriously and resolve this problem. He has been told that the City is not going to replace the driveway because -t costs too much. Mayor Jorgenson stated that she met with the P�r. and Mrs. Kopischke in March and Apri1 regarding thelr situation In May a letter was sent regarding some options that were available, and the Kopischke's were asked to contact the City. She met again with them in July, and Mr. Kopischke had a contractor at that meeting She has not heard anything since the July meeting, but she understands Mr. Kopischke is working with Jon Hauk_aas. She is disappointed that the process has taken so long She would like to find out what could be done this year. � Mr. Flora stated that a proposal was presented to the Kopischkes, and the City has been warting to hear from them. There have been discussions with staff, but the City never received approval to go on their property to install the catch basins Councilman Schneider asked Mr. Kopischke if he accepted the plan. � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 10 Mr. Kopischke stated that the plan was for catch basins. He believes that these catch basins will freeze and will requlre maintenance. He wanted to examine all solutions and not �ust close the door on a new driveway because of the cost. He does not want a band-aid solution. Mr. Flora stated that the garage is only a few inches above the street level. The proposal was to install a bump at the driveway and then a catch basin. Unfortunately, Mr. Kopischke's driveway was at the minimum slope before the road was constructed. Mr. Kopischke stated that there was nothing mentioned in the plan about turf restoration or easements. The drawing did not show the catch basins or profiles of his driveway. He felt the plan submitted by the City was not serious. Mayor Jorqenson stated that if he was unhappy with the plan he should have contacted the City. 5he has not heard anything from him since July. Mr. Kopischke said he felt he is not being taken seriously and wants to find other options. Mrs Kopischke stated that they were waiting for the plan from Jon Haukaas. He has not contacted them since September. Mr Burns, City Manager, stated that Mr. Hauk_aas contacted Mr Kopischke on July 14 regarding the creation of the drawing It was completed on September 11. It should be noted that this was the height of the construction season. Councilman Billings stated that when he initially talked with Mr. Kopischke, it appeared that the only option acceptable to Mr. Kopischke was to have the City remove the roadway and have it redone. At that time, Councilman Billings said that was not a possibility. He did not personally contact Mr. Kopischke after this meeting, but staff has been in contact with him. Mayor Jorgenson stated that she would be available any day after 4:30 p.m. to meet with the Kopischkes to try to resolve this issue. She asked that they contact her and staff regarding a convenient time for them to meet PUBLIC HEARINGS: 24. PUBLIC i THE ASSES: �NT FOR LOCKE LAKE DAM EXCAVATION � MOTION by Councilman Harnette to waive the reading of the public hearing notice and open the public hearinq. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 8:05 p m. Mr. Pribyl, Finance Director, stated that this hearing is for the assessment of the costs for the Locke Lake dam excavation pro�ect. � FRIDLEY CITY COUNCIL MEETING OF OCTOBEk 2�, 199� PAGE 11 There were numerous Locke Lake Homeowners Association meetings that occurred since 1996. The Homeowners Association petitioned the City to dredge the lake and pledged $54,000 for this pro�ect The pro�ect was requested by the property owners in hopes of expediting this pro�ect through the Rice Creek Watershed District. Mr. Pribyl stated assessment totaling Pin Nos. 15-12-0067 The assessment will of 6-1/2 percent. that 43 property owners are involved in this $51,469. There is a combination of two lots, and 15-12-0068, into one Pin No. 15-12-0072 be over a ten-year period at an interest rate Ms. Mary Vasecka, 6909 Hickory Drive, stated that she ob�ected to this assessment. The proposal to resolve the issue with the Rice Creek Watershed District victimizes the property owners. The assessment was not fully explained to those concerned, and it was presented that it would not be completed until all the neighbors agreed. She and her husband did not sign the petition for this pro�ect. Council told the property owners if Lhey agreed to pay for the assessment of the dam, they would not have to pay another assessment. Ms. Vasecka stated that the problems with the dredging itself is � another reason she felt she should not be assessed The dredging was not completed between her property and her neighbor's property Secause there is no resolution as to the lake level she ob�ects to being assessed She requested that Council continue this hearing, as she felt residents did not fully understand that they could come this evening to ob�ect. She also felt that the notice to the property owners should come in both names if the property is �ointly owned. � Councilman Schneider said that in the public hear�ng notice, it is stated that written or oral ob�ections w�ll be considered at this hearing. No other persons spoke regarding this proposed assessment for the Locke Lake dam excavation. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, Councilman Billings, Councilman Schneider, Councllman Barnette, and Mayor Jorgenson voted in favor of the motion. Councilwoman Bolkcom abstained from voting. Mayor Jorgenson declared the motion carried and the public hearing closed at 8:16 p m. 25. PUBLIC HEARING ON ASSESSMENT FOR ALDEN WAY PROJECT NO. ST. 1996-1 S 2; CONCRETE CURB AND GUTTER PORTION: MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Counc�lman Schneider. Upon a voice vote, all voLing aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 8:16 p.m � � J FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 12 Mr. Pribyl, Finance Director, stated that this assessment was for concrete curb and gutter on Alden Way from 79th Avenue to 300 feet south of Rickard Road. He said that 53 property owners are affected for a total cost to be assessed of $50,250. The estimated cost for this pro�ect was $11 a front foot, but the actual cost was $10 a front foot. The assessment is for ten years at an interest rate of 6-1/2 percent. Mr. Leroy Anderson, 7581 Alden Way, stated that this was a great improvement and was less than the estimated cost per front foot. The improvement has been well received. No other persons spoke regarding this proposed assessment for curb and gutter. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 8:20 p.m. 26. PUBLIC HEARING ON AN APPLICATION TO AMEND REDEVELOPMENT PLAN IN AN S-2, REDEVELOPMENT DISTRICT, ZOA #97-07, BY SEMPEft DEVEIAPMENT LTD , FOR PROPERTY GENERALLY LOCATED AT 6525 R MOTION by Councilman Billings to waive thc- reading of the publ�c hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voLing aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 8:20 p.m. Ms. Dacy, Community Development Director, stated that is located in the northeast corner of University Mississippi Street. The site was rezoned to S-2 in 28,230 multi-tenant shopping center. The S-2 zoning commercial site and two single family lots to the east. the property Avenue and 1990 for a included the Ms. Dacy stated that, in 1991, an amendmc-nt was filed for a drive- through window and a smaller building This plan cal]ed For one driveway at the east corner and a Walgreen's located at the east end of the shopping center, with a fast tood restaurant and a drive throuqh at the west end. Ms. Dacy stated that the proposal this evening is for a free- standing 13,905 square foot Walgreen's store with a prescription pick-up window. The building would be brick faced wrth stucco accents, and the entrance oriented toward the intersection. This plan excludes a single family dwelling facing 66th Avenue. A driveway is proposed on the east side of the site, and another driveway is proposed closer to the intersection. Ms. Dacy stated that the requested action is to amend the plan approved six years ago in order to construct the Walgreen's facility. Staff has recommended denial, however, both the HRA and Planning Commission have recommended approval. The Planning ' FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 13 Commission also recommended four stipulatlons, as follows: (1) compliance with the comments of the Engineering Department as stated in a September 23, 1997 memorandum from Jon Haukaas; (2) the petitioner shall execute a storm water pond maintenance agreement to malntain the detention pond at the north side of the site, (3) a final landscaping and irrigation plan shall be submitted and approved by City staff prior to issuance of a building permit; and (4) staff and the petitioner to come to an agreement on tihe driveway. The Planning Commission deleted a fifth stipulation that the property owner shall agree to execute an easement to use park.ing spaces on the site for a park-and-ride site. Ms. Dacy stated that the driveway issue has been discussed The petitioner is recommending two driveways, with the westerly driveway being shifted from its current 1_ocation another 120 feet to the east so that it aligns approximately across from the prescription drive through window. There would be 90 feet beLween the shifted driveway and the proposed easL driveway. The County recommends only one driveway at the east end of the site. Staff recommends a stipulation that the driveway on the east be as designed on the original plan, with one inbound lane separated by a four foot median and two 12 foot outbound lanes. The size of this proposed building is half the size that was originally approved, � and the site can operate with one driveway. Ms. Dacy stated that another issue discussed at the Planning Commission meeting was the stipulation that would require shared parking spaces for any transit system. This will be a key intersection Lo provide this type of facility. Staff is suggesting that Council reinstate the stipulation to require shared parking facilities. The type of use Walgreen's is proposing should be compatible with a park and ride facility. Ms. Dacy stated that another issue involves the remaining single family lot to the northeast which Eaces 66th Avenue. It is possible that a rezoning request could be filed for thls property Ms. Dacy stated that as far as the issue of a decorative fence, the design can be balanced at this intersection by the installation of a decorative fence like the one installed on the Rottlund development. 5taff is suggesting this stipulation be included, as well as the stipulations from previous approvals. In addition to the stipulations recommended, two additional stipulations should be included regarding the filing of a rezoning application to rezone the single family 1ot abutting 66th Avenue, and a stipulation for the petitioner to execute a storm water pond maintenance agreement to maintain the detentlon pond at the north side of the site. � Mr. Kohler, Semper Development, stated that he is the architect for the Walgreen's pro�ect. A slightly smaller 13,905 square foot building is proposed on this site. In working w�_th the residents in the neighborhood it has been determined that the par}-ing and entrances should be focused toward the intersection and away from the residential neighborhood. There would be a drive through � FRIDLEY CITY COUNCIL MEETING OF GCTOSER 2�, 1997 PAGE 14 window for persons to pickup prescriptions. This plan is modified somewhat in terms of access. Mr. Benshoof, Benshoof & Associates, stated that they performed the traffic study focusing on how the traffic affects Mississippi Street. The traffic was observed to determine if any changes were needed to provide adequate access with no adverse impacts on Mississippi Street. He presented information on the number of entering and exiting trips for the peak hours at this location and the pro�ected peak hour trips for the Walgreen's development. The net change is really very modest in terms of traffic, as there would be an increase of seven entering trips and fourteen exiting trips or a total of 21. Mr. Benshoof stated that during the peak hours there were 45 vehicles making right turns from the two driveways to proceed west on Mississippi Street. Of these 45 vehicles, 31 made a right turn at the west driveway with no problem; five made a right turn at the west driveway after waiting for westbound traffic to clear, and nine made a right turn at the east driveway to avoid delays at the west driveway. The conclusion was that it would be beneficial for the west driveway to be relocated 120 feet to the east to increase the separation from University Avenue. With this change, trips to and from Walgreen's will be effectivel�� accommodated, and the � overall effect on University Avenue will be an improvement from what it is today. Mr. Kohler stated that they are eliminating one driveway cut and moving one to the east. Throughout this process there have been a number of ineetings with the residents. They wish to have a strong buffer between the commercial and the residential areas. They have designed the green space ad�acent to the residential area to meet the desires of the neighborhood. Residents wanted fencing not only along the residential side but continuing to the north. They would also like the fence to be seven feet in height. Parking was eliminated on the east side, and pine trees will be added t� increase the screening. They will work with the neighborhood on the species of the trees on the north. Mr. Kohler stated that another issue was lighting. The main concern of residents was that the lighting be focused away from their homes. This will be done, and the lighting will be downcast near the residential area. Mr. Kohler stated that this corner has gone through numerous tenants, and Walgreen's is making a long-term commitment to this site. The single use of a Walgreen's on this sire allows for better maintenance and control. They have incorporated the � neighborhood's desires into this plan. �ccess is very important He felt that their plan provides better �ccess than whct eXists now. Mr. Craig Christensen, Semper Development, stated that he wished to address two oF the proposed stipulations There is no problem wlth filing an application for rezoning the Bennethum property. If this � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27. 1997 is allowed, they would be happy to proceed Mrs. Bennethum's consent would be needed. PAGE 15 He assumed that Mr. Christensen stated that another issue would be the park-and- ride facility. A decision whether a LRT system will be located at this intersection has not been made. Correspondence qoes back to June, 1990. He is not sure the issue is close to fruition, and it is speculative if this will happen. If an easement is required it would create problems in the financing and would adversely affect the value of the property. In requiring an easement private property owners would be responsible for policing a public facility, and there could be liabilitV problems. Only twenty parking spaces would be available, and he did not know if this would even qualify for a park-and-ride. He requested that this stipulation not be included, because it would impair their ability to proceed with the development. Councilman Billings stated that he has two ma�or concerns the driveway locations and the provision for mass transit. Of the 86 trips, he asked what the percentage ol trips entering from the new proposed west driveway was, the new proposed east driveway, and how many would be exiting from the west driveway. � Mr. Benshoof stated that entering trips were higher on the east than the west and that the pattern would continue. This would provide a greater degree of accessibilatV Sixty to seventy percent enter on the east, and thirty to forty percent enter on the west. L J Councilman Billings stated that traffic traveling eastbound on Mississippi Street would need to make a leFt turn into the east driveway. He asked if the vast ma�ority of westbound traffic on Mississippi Street would drive past the west driveway and go to the east driveway. Mr. Benshoof felt that there would be heavier traffic traveling from the east into the development. Councilman Billings stated that he understands the flgures are based on the current facility on th�s site and not on a traffic analysis on the direction customers would be coming from to get to Walgreen's. Mr Benshoof stated that was correct. Councilman Billings asked if traffic coming from the east towards University Avenue would go past the east driceway and enter at the west driveway Mr. Benshoof stated that those traveling west would enter on the east. Those coming from th2 east would be split b2tween the east and west driveways. Councilman Billings stated that from his own driving patterns, when there are two driveways only a distance apart, he would be more � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 16 inclined to enter the first driveway. He asked what percentage would exit to the east on Mississippi Street and what percentage would exit to the west. Mr. Benshoof stated that he has not analyzed that component, but he would assume that the west driveway will serve most of the exiting traffic. Most customers would use the west driveway to go west. Those wanting to go south or east would use the east driveway. Mr. Kohler felt that if it was possible to direct some of the traffic away from the residential area, this should be done. The situation now is people are coming out of the driveway and going the wrong way. Their proposal improves the safety from what exists. Councilman Billings stated that one concern of thz residents was headlights from the cars shining into their living room windows. Mr. Kohler stated that they will be constructing a secen foot fence which should shield most of the lights from the cars coming into the parking lot. Councilman Barnette stated that the County will permit one access on Misszssippi Street to be located at the extsting median break. Mr. Kohler stated that he has met with Lhe rounty on this issue They go by the distance requirements which would allow for only one cut. This did not involve analyzing the pro�ect. Ms. PemYile indicated to him that if Council allows Lwo driveway cuts a permit would be issued. Councilwoman Bolkcom felt that the peak hours may be when people stop on their way home from work. Mr. Kohler stated that, generally, the type of traffic they generate does not have peak hours, and it is steady all day long. Mr. Howard Berger, Semper Decelopment, stated that over fifty percant of Walgreen's business is pharmacy. People are coming into their store for prescriptions throughout the day. The traffic counts are the standards used, and they do not have the rush at 5:00 p.m. Most of their customers would be coming from the east, however, Walgreen's likes two access points which is something they require on their sites. They would 'oe more than happy to try to ad�ust the second access point, but they really need two accesses. Councilman Billings stated that he had a conversation with Jon Olsen, Anoka County Engineer. It was made clear that the County's � official position was one driveway, and that it should be 32 feet wide. There is a letter from the CountV datzd October 21 regarding their position. Ms. Dacy stated that Mr Kohler did meet with Ms. Pemble. However, she felt the letter from the County was their current position In the original draft study six years ago, the directional � � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 17 distribution was 85 percent of the traific into the site would be from the west and 15 percent from the east. There is demographic information that would increase that by 15 percent. She felt that Council should not underestimate the volume of traffic going north during the peak hours. She felt uncomfortable saying the ma�orrty of the traffic would come from the east to the west into the site. Mr. Christensen stated that the last pro�ect included several other uses, including a Burger King. Traffic for a fast food restaurant is three or four times the volume of a drug store. Walqreen's is a very minimal traffic generator. Councilman Billings stated that another concern is mass transit. Tim Yantos from the County is present to present an update on LRT. Mr. Yantos stated that in 1989-90 the Anoka County Regional Railroad Authority participated in developing corridors for LRT and analyzing potential locations for stations. One of the preliminary areas for Fridley was at University Avenue and Mississippi Street. They discussed 31 spaces along the side of this site and an easement to provide for this activity. However, this development did not proceed. Studies have been completed for the seven countv metro area, and three preliminary corrtdors have been identified Although this has moved slowly, interest is increasing in LRT activity. The Northstar Corridor is the fastest growing corridor in the State and the third fastest in Lhe nation. Grants are being received to review the corridor growth and management from Minneapolis to St. Cloud. S variety of modes of transportation are being considered. He felt that this site was stlll very important to the City, with the possibility of LRT A ma�or transit hub was built at Northtown. Work will proceed to bu�ld a smaller version in Columbia Heights. Councilman Billings stated that six years ago everything was on hold; however, there seems to be a change Ln thinking regarding some type of mass transrt or LRT. Councilman Billings stated that the most logical location for a station to serve the center portion of the City would be in Lhe area of Mississippi Street and University Avenue. At the same time, there is no guarantee for mass transit or LRT. If some consideration were given to working out an agreement between the Anoka County Regional Railroad Authority and the developer for either acquisition or an easement across the property on the south portion of the site, there would be less disruption of the single family neighborhood immedzately north. Counc�lman Schneider stated that the City cannot bring all development to a halt until the question of mass transit_ or LRT is resolved. Mr. Yantos stated that the County is very interested in economic development. They have not purchased land, however, in anticipation of something that may not occur for decades. In looking at this area, Council has stated that the northeast FRIDLEY CITY COUNCTL MEETING OF OCTOBER 27, 1997 PAGE 18 � quadrant was important. He felt the area makes the most sense if Council wants to provide some mass transit for the residents in the future. Mayor Jorgenson stated that this site was d�_scussed for a kiss and ride. There was talk about developing an east/�✓est bus system. She asked if these items were being considered, as well as getting people from Minneapolis to St. Paul. Mr. Xantos stated that all of these issues will be revieored in the specifics for the Northstar Corridor study, and are still to be considered. Councilman Schneider stated that the property owner has the right to use that property. The window for mass transit may be twenty or thirty years If the County is interested, they should purchase the property or work wrth the developer to resolve some economic issues. Mr. Yantos stated that the City has advised the County that this area was one to consider for mass transportation. Councilman Barnette stated that if Stipulation No. 5 was excluded, � rt would not negate the County from negotiating with Walgreen's to obtain the space. Since Walgreen`s is a retail facility, a park- and-ride site may be �eneficial to their business. It seems that if this stipulation is included it would negate the pro�ect He would hate to see that happen. � Councilman Schneider stated that without something specific, rt would be difficult for an owner to suffer the consequences when no one knows the outcome for mass transit. Councilman Billings asked if there is a condemnation, if it is likely that MnDOT would be required to buy the entire building or srte. Mr. Knaak, City Attorney, stated that �t dr�es happen, but he would speculate that it would not be right in this case. Legally, it is theoretically possible the condemnation could be for the entire parcel. Stipulation No. 5 does require a property transfer of interest. Any transfer of interest could be construed as a takinq and would require some compensation. He raises this issue as a cautionary note. Councilman Billings stated that when this property was rezoned to S-2, certain stipulations were placed on the rezoning. In 1991, there was a new site p1an, and the stipulations were modified. Council was advised that the existing stipulations still remained as part of the rezoning. It is his understanding that the stipulations are existing stipulations, and action would need to be taken to eliminate them if Council so des�red. Councilman Billings stated that there is a stipulation that requires the developer to work with the Anoka County Regional � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 19 Railroad Authority for easements across the south and west portion of the site. Mr. Knaak stated it is not a problem if the stipulation is that the developer work_ w�th the Anoka County Regional Railroad Authority. Ms. Norma Swanson, 361 Rice Creek Terrace, owner of the property, stated that she has had a difficult time qetting lonq-term tenants because of the redevelopment of this site. Twice the County has come and taken a piece of a corner. She had to fight for the curb cuts. The two curb cuts on Mississippi Street are extremely important. She is now hearing that this is the only site in Fridley that would be good for LRT. She needs to sell this property due to the death of her brother. The other plan was approved which generated more traffic than Walgreen's. She does not understand why this property is constantly being singled out Ms Louise Bennethum, 368 66th Avenue, stated that this is the fourth plan for this site. She is tired of rhis unsightly corner. If this plan is not approved she asked if Lhe City would be willing to purchase the property. Councilman Billings asked Ms. Bennethum if it would make sense to her, since she is not part of this plan, to rezone her property � back to R-l. Ms. Bennethum stated that she would appreciate it. Ms. Patricia Andersen, 367 66th Avenue, spoke in facor of the Walgreen's development. She understands Council's concern to have a more intensive use of the property. Walgreen's would complete all four corners of this downtown area. The developer has worked with the residents on screening and lighting, and they offer the opportunity for a long-term tenant on this site. Mr. Paul Munson, 360 66th Avenue, spoke in favor of the Walgreen's development. The building is attractive for this intersection, and he did not feel Council should waste time on mass transit. He felt that Walgreen's would improve this intersection and elima�nate the eyesore on this corner, Mr Duane Hanson, 365 66th Avenue, felt L'he Walgreen's development would be good and that the property would be well mainrained Mr. Bill Hogan, 365 Mississippi Street, stated that he would prefer the other driveway being closer to University Avenue. There is a concern that no shrubbery be installed that would interfere with the sight lines. He spoke in favor of the Walgreen's development, however, whatever could be done to reduce traffic on the east driveway would be appreciated. 1 Mr. Crazg Christensen stated that when Walgreen's was interested in the site in 1990, they only approved the building on the site and not sharing a park-and-ride. Councilman Billings asked if the site would be owned or leased by Walgreen's. � � ' FkIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 20 Mr. Christensen stated that it is meant to be leased, but Walgreen's buys back about fifty percent of their buildings. They do their own maintenance even if the building was sold. Councilman Billings asked if they were comfortable with the stipulations besides the two relating to the driveways and LRT. Mr. Kohler stated that those two stipulatzons were their primary concern. Mr. Christensen stated that there was some concern regarding the stipulation about the fence, but it would be satisfactory. He requested that Council approve the plan with the two driveway cuts and without the easement for LRT. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 10•17 p.m. 27. PUBLIC HEARING ON RE20NING REQUEST, ZOA #97-08, BY TODD BACHMAN OF BACHMAN'S. INC . TO REZONE PROPERTY FROM C-2. I�� MOTION by Councilman Billings to waive the reading of the public hearing notzce and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, a11 voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 10.1� p.m. Mr. Hickok, Planning Coordinator, stated that this rezoning is for property at 8200 University Avenue. The request is to rezone the north 169 feet of Lot 2, Block 1, Walton Addition from C-2, General Business, to C-3, General Shopping Center district If this rezoning is approved, a 25,000 square Foot retail facilitV 4aould be constructed on this site Mr. Hickok stated that the rezoning request meets the three evaluation criteria of compatibility of the proposed use with the proposed district, compatibility of the proposed district with ad�acent uses and zoning; and compliance of the proposed use with the proposed district requirements Thc- setbacks and parking requirements have been met and the landscaping plan submitted meets the code There is �oint drainage with Sam's Club and the lighting consists of two types, decorative and shoebox. The building is proposed to be constructed of two types of rock face block and/or brick. A glass atrium wi11 extend the width of the building from front to back at the main entrance location. A video was presented of the flagship site in south Minneapolis. Mr. Hickok stated that the Planning Commission unanimously voted to recommend approval. In con�unction with this rezoning request, there is a request for a special use permit for an outdoor garden center behind the store. � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 21 Mr. Todd Bachman, Chairman of Bachman's, stated that staff did an excellent �ob in presenting their proposed plan. There will be a main atrium entrance with green glass and this carries through the building. A secondary entrance would be for the garden center. The greenhouses are located to the side of the building The lighting is decorative in front of the bullding. He submitted a site plan showing the construction materials and colors used for the outside of the building. Councilman Schneider asked if Mr. Bachman was aware of the signage regarding the reader boards. Mr. Bachman stated that staff has advised him of the sign ordinance requirements throughout this planning process. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 10:31 p.m 28. PUBLIC HEARING ON PROPOSED ORDINANCE AMENDING CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION," BY AMENDING SECTION ll3.07, AND ALSO AMENDING CHAPTER 11, ENTITLED "GENERAL PROVISIONS AND FEES," BY AMENDING SECTION 11.10, "FEES: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing Seconded by Councilman Barnette. Upon a voice cote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 10:31 p.m. Ms. Jones, Planning Assistant/Recycling Coordinator, stated that the purpose of this public hearing is to consider amendments to the existing City Code relating to recycling fees. The fee increase proposed is from $4 per quarter to $6 per quarter for residential dwellings of one to four units and multiple dwellings of five to twelve units. Multiple dwellings of thirteen or more units will be charged the current contract price which the City is charged by a private contractor to provide multi-unit recycling servlces. Ms. Sones stated that nine other metropolitan communities were surveyed. The average residents pay per quarter for recycling is $5.30. For those that had weekly recycling, the cost was $6.55 per quarter None of these communities had a full-service recycling center. Ms Jones stated that the main reason for the increase is due to � the switch to weekly recycling. The clean-up day for 1998 has been eliminated, and three new materials have been added for collection at the recycling center. These include appliances, scrap metal, and fluorescent lamps Ms. Jones presented a chart comparing 1996 tonnage with 1997. There was about a five percent increase in 1997 since weekly � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 22 collection has started. The addition of plastic bottles has been very effective. � � Ms. Jones stated that the City is mandated to provide curbside recycling, and SCORE funding has decreased slightly Fridley needs tonnage from both the curbside and recycling center in order to meet their goals. This increases cost could possibly be offset by residents reducing their number of trash cans Mayor Jorgenson asked why the recycling haulers do not pick up the recycled materials on both sides of a street at the same time. Ms. Jones stated that most companies conduct their pick-ups in the same manner. They do not want their drivers czossing back and forth across the street for safety reasons. Mayor Jorgenson asked if there is any way to combine garbage and recycling. She suggested that Ms. Jones may want to talk to the haulers on this issue. Councilman Schneider stated that he is sympathetic tc the seniors that do not have much garbage or recycling. He asked if there was a way to offer a senior discount program. Ms Jones stated that it is unfortunate that our system is not good at rewarding those that reduce waste. In order to give a reduced rate, it would be necessary to monitor the recycling. This would involve a bar code system which would noL be cost effective. Councilman Schneider stated that when this tee was initiated it was $1.25. He asked the direction this was taking. Ms. Jones stated that it would be difficult to predict because the City has short-term contracts Tradttionally, curbside recycling costs have been very stable. Councilwoman Bolkcom stated that not everyone is recycling. Difierent prices are paid for the various recycled materials. She asked if the costs were higher with items being co-mingled. Ms. Jones stated that the costs are abour the same for separated and co-mingled programs because someone has to sort them, eirher by hand or mechanicallp. The co-mingled items are sorted mechanically, and this may be more cost effective Mayor Jorgenson stated that she is concerned with the costs for those that cannot afford them. The City should be looking at ways to accommodate these situations. She felt that the City would probably be heading in that direction at some point in the future. Councilman Billings asked if the County has certain guidelines each year in terms oi the volume the City should collect. Ms. Sones stated that they have guidelines, but the City does not receive a financial penalty if the guidelines are not met. , FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 23 Councilman Billings stated that as he becomes more ecology minded, he generates less waste and recycling If the City looks at ways to reduce costs for people who can least afford to pay, this will encompass a broad spectrum of society. No persons in the audience spoke regarding this proposed increase in the recycling fees. MOTION by Councilman Billings to close the public hearing Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 10:59 p.m. 29. PUBLIC HEARING ON PROPOSED ORDINANCE REGULATING WIRELESS COMMUNICP,TION FACILITIES: MOTION by Councilman Billings to waive the reading of the public hearing notice and open 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 opened at 1D.05 p.m. Ms. Dacy stated that this year a moratorium was placed on wireless � communication facilities in order to determine how these facilit�_es should be regulated and to abide by the Federal Telecommunications Act of 1996. Consultants were hired to assist with this proposed ordinance and Mr. Dolter, of Kreines and Kreines is here this evening to answer any questions. Ms. Dacy stated that ordinances from other cities were reviewed, and meetings were held with wireless service providers. The purpose of the ordinance is to control the location of these facilities; minimize the intrusion into residential areas; locate these facilities on existing structures; and to make sure the sites are adequate. The ordinance is structured to permit tele- communication facilities on "approved sites" as a permitted use. They would also be allowed as special uses in industrial districts. She outlined the "approved srtes" and said thaL seven additional sites recently were proposed for "approved sites." The Planning Commission will hold a hearing on those sites on December 3, 1997. The Parks and Recreation Commission reviewed the proposed sites that were located on park_ property. Ms. Dacy stated that the Planning Commission recommended approval of this proposed ordinance. The Cable Television and Telecommunications Advisory Commission recommended that adequate fees be charged. Ms. Dacy stated that the stage of deployment for the � telecommunications towers and facilities in the metropolitan area has been on poles or applied to the sides of buildings. The direction the technology is taking is smaller antennas, but there will be more as the demand increases for these types of facilities. Mr. Dave Dolter stated that the approved sites are to minimize the intrusion for the use of wireless telecommunications providers ' FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 199� PAGE 24 There is an increased use in voice data and wireless technology by consumers resulting in an increase in antennas. As more of these sites are developed, the height of the towers will decrease drastically. Councilman Billings asked if short towers could be found in every neighborhood in the future. Councilman Schneider asked if existing telephone poles would be used for the shorter towers. Mr. Dolter stated that the antennas would be shorter. Some are in a box smaller than a computer monitor. The City is taking a pro- active approach on identifying sites. As things change, some will become obsolete and removed or shortened in height. Councilman Schneider asked if there would be a series of diLferent size towers ranging from small to large. Mr. Dolter answered not necessarily. He felt some standards needed to be set so carriers can try to do the best �ob they can to make these invisible. � Councilman Billings stated that this ordinance covers essentially the large towers. Hopefully, they will become smaller. The ordinance addresses the current needs of the carriers. At some point, the City will need to address the issue of less intrusive towers. Mayor Jorgenson stated that the CitV must abide by the Federal Telecommunications Act. She asked what the City can regulate as far as telecommunications devices. Mr. Knaak, City Attorney, stated that the Crty can regulate, under the zoning code, the location of towers or facilities. The City cannot prohibit the towers from being located in the City. Mr. Peter Beck, AT&T Wireless, presented a video tape on their tower at I-694 and East River Road. He stated AT&T is one of two cellular providers, and their license requires them to cover the entire metropolitan area with signals. Originally, there were nine sites located on very tall buildings. The technology expanded and the cells filled up so rt had to be broken down into smaller cells. This results in lowering the height of the antennas so they are not casting their signal farther than the area they cover. There are over one hundred cell sites now in the Twin Cities market. They want enough flexibility so they can continue to make this technology available ro their customers. He stated that 75 feet is � about as low as they can go with the antennas because they need to be over the tree line. If they get to the point of fixed wireless, it would be on shorter poles. At that time, they hope to find buildings to mount the antennas, but he felt that was three to seven years down the road. This ordinance does not attempt to address this situation. , � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 25 Mr. Beck stated that the ordinance is innovative as far as designating approved srtes. Antennas should be allowed on existing structures in any location. In regard to the height, every 25 feet over �5 feet, allows for a co-location or additional provider. He felt this should be considered. Mr. Gregory Korstad, Larkin & Hoffman, representing Aerial PCS, stated that there are varying types of developers of PCS and telecommunications services. Aerial Communications is one of the providers that developed telecommunications, and antennas located on existing structures is working for their purposes. Mr. Korstad stated thet with respect to this ordlnance, he wanted to emphasis Mr. Beck's comments, as these issues are transferable to the PCS from the traditional cellular carriers. They use the same type of cell technology, and antenna locations are significant to this technology. It is very important to locate the cells and antennas at the height and location necessary to effectively provide the service. His reaction to the pre-determined site approach is that it is certainly something new and something that has not been used. To the extent that this can be done without eliminating the necessary amount of fleXibility, he would like to work with it, but he is concerned about not having enough flexibility. He felt the designated sites may not be adequate as the system grows. Height is an imporLant issue for his client, as they are in the business of selling air time, and not developing towers. He recommended that the City consider having the height as one of the issues for approval of a special use permit rather than having a specified maximum height. He said he looked forward to continuing to provide services to the City. Mr. Dave Hagen, Sprint PCS, stated that he would echo Mr. Beck's and Mr. Korstad's comments to add existing structures to the list of permitted use sites. The attachment of antennas to existing structures is less intrusive to the community's environment than erection of a new tower. He requested that Council consider this change to the proposed ordinance Councilman Billings stated that if antennas were allowed to be placed on existing structures, they possibly could be attached to homes in residential areas. This is what the City is trying to avoid and to keep the antennas in business areas rather than in a residential neighborhood. Mr. Hagen stated that a single family home would not provide sufficient elevation above the ground or trees to propagate a signal. He can understand the concern of antennas attached to single family dwellings. It would seem that multi-family nwellings might be something the City may need to consiaer in the future. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 11:50 p.m � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 ITEMS FROM THE CONSENT AGENDA: 2. ORDINANCE NO. 1107 TO A1�ND THE CITY PAGE 26 OF THE CITY OF MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 1107 on the second reading and order publication Seconded by Councilwoman Bolkcom. MOTION by Councilman Billings to amend Section 2 of the ordinance by deletinq paragraphs two and three and deleting all of Section 3. Further, to insert the following language in Section 2, second paragraph: "Tract A Registered Land Survey No. 78 Anoka County Minnesota;" and to insert the following lanquage in Section 2, third paragraph: "Is hereby designated to be in the Zoned District C-2, General Business." The following language is to be inserted for Section 3; "That the Zoning Administrator is directed to change the offlcial zoning map to show said tracts or areas to be rezoned from Zoned District M-2, Heavy Industrial to C-2, General Susiness." Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Billings to further amend Section 1 of the ordinance by deleting the second paragraph which reads as follows: "Be and is hereby rezoned sub�ect to the stipulations adopted at the October 1, 1997, City Council meeting." Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN P40TION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously 3 ORDINANCE NO. 1108 TO IaMEND THE CITY CODE OF THE CITY OF MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 1108 on the second reading, with the following stipulations, and order publication: (1) approval of VAR #97-18, (2) a new landscape plan will be required and shall be approced by staff prior to issuance of a building permit, and (3) a Comprehensive Plan amendment will be required on the portion of the property that is currently designated as residential. Seconded by Councilman Barnette. MOTION by Councilman Billings to amend Section 1, second paragraph, of the ordinance by changing the October 1, 1997 date to October 13, 1997. Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 27 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Sorgenson declared the motion carried unanimously. WAIVED THE READING AND ADOPTED ORDINANCE NO 1108 ON THE SECOND READING, WITH THE FOLLOWING STIPULATIONS, AND ORDERED PUBLICATION: APPROVAL OF VAR REQUEST #97-18; (2) A NEW LANDSCAPE PLAN WILL BE REQUIRED AND SHAI�L BE APPROVED BY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; AND (3) A COMPREHENSIVE PI.AN 71MENDMENT WILL BE REQUIRED ON THE PORTION OF THE PROPERTY THAT IS CURRENTLY DESIGNATED AS RESIDENTIAL. 5. FIRST READING OF AN ORDINANCE daMENDING CHAPTER 602, "BEER LICENSING," OF THE FRIDLEY CITY CODE, TO DELETE THE WORD "NON- e *�` � APPROVE OFFICIAL TITLE AND SUNIMARY. MOTION by Councilman Sillings to ordinance on first reading, and Seconded by Councilwoman Bolkcom. waive the reading and approve the the official title and summary. � MOTION by Councilman Billings to amend Section 602.13, Item 1, third line, of the ordinance by deleting the words "after August 1, 1983" and changing the fourth line by substituting "340A 409," instead of 340.95. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. 8. RESOLUTION SUPPORTING DESIGNATION OF THE MISSISSIPPI RIVER AS AN AMERICAN HERITAGE RIVER: Councilman Schneider stated that he was concerned about any financial commitment if this resolution is adopted. Ms. Dacy, Community Development Director, stated that �_f the Mississippi River receives this designation there is the possibility of allocation of funds for pro�ects within the river area and cooperation between agencies and local government. If Council desired further information, this could be provided for the November 10, 1997 Council meeting. MOTION by Councilman Schneider to table this item to Nocember 10, ' 1997 and direct staff to provide further information. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously � FkIDLEY CITY COUNCIL MEETING OF OCTOBER 2�, 199� 10. APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF THE COUNTY OF ANOKA FOR THE RECONSTRUCTION OF BETWEEN T.H. 47 AND MAIN STREET (WARD 3): Councilwoman Bolkcom stated her only concern is neighborhood is notified of the plans for this area � PAGE 28 FRIDLEY AND that the Ms. Dacy, Community Development Director, stated that meetings have been held with the engineer and the process has �ust begun. Meetings will be conducted with the residents after staff has all the information and after they receive a response on the Local Communities Act application. MOTION by Councilwoman Bolkcom to approve the �oint powers agreement between the City and Anoka County for the reconstruction of 57th Avenue between T.H. 47 and Main Street. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 15. RE B8-1997 CERTIFYING CERTAIN DELINQUENT UTILITY Councilman Billings stated that there are a number of addresses listed twice with identical amounts. He asked if this was a duplication or if it covers two different quarters. Mr. Pribyl, Finance Director, stated that this list has been reviewed a number of times. If there were duplicates they would not be certified to the County. MOTION by Councilman Billings to adopt Resolution No. 88-1997. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OLD BUSINESS: 30. SPECIAL USE PERMIT, SP #97-07, BY PAUL LITWINCZUK, TO ALLOW A SECOND ACCESSORY STRUCTURE, GENERALLY LOCATED AT 6291 CENTAAL AVENUE N.E. (WARD 2)(TABLED OCTOBER 13, 1997): MOTION by Councilman 5chneider to remove this item from the table. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mr. Hickok, Planning Coordinator, stated that this was a request for a special use permit to a11ow a second accessory structure at 6291 Central Avenue. The petitioner recently constructed a new � home with an attached garage. The proposed second accessory structure was an existing 360 square foot garage which was built in 1973. Staff is recommending approval with seven stipulations. Councilman Schneider asked if there is an issue with the two driveways � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 29 Mr. Flora, Public Works Director, stated that the second accessory structure is far enough back from the intersection to not be a problem. Councilman Schneider stated that it would be better to have the vehicles parked in the garage rather than on the street. Mayor Jorgenson stated she was concerned that this may be used for a home occupation. She was also concerned with the amount of dirL on the site. Mr. Litwinczuk, the petitioner, asked if he could drain his property ta the curb. Mr. Knaak, City Attorney, stated that if a property owner has any area on his property where water stands for a period of time it may be considered a wetland, and the property owner cannot fill it. MOTION by Councilman Schneider to grant Special Use Permit, SP #97-07, with the following stipulations: (1) all grading, drainage, and downspout locations shall be designed in a manner to prevent detrimental runoff impacts to ad�acent properties, (2) all necessary permits shall be obtained from the City prior to � construction; (3) the structure shall not be used for a home occupation; (4) a11 vehicles shall be stored on a hardsurface as approved by the City; (5) the siding and roof materials shall match the exterior of the new dwelling, An overhead garage door shall be installed; (6) a letter of credit of $20,000 shall be submitted prior to issuance of a building permiL to ensure timely completion of the pro�ect; and (7) failure to complete the pro7ect by October l, 1998 shall constitute a basis for establishing a public hearing to revoke the special use permit. Seconded by Councilman Barnette. UPON A VOICE VOTE, Councilman Schneider, Councilman Barnette, Councilman Billings and Mayor Jorgenson voted in favor of the motion. Councilwoman Bolkcom voted against the motion. Mayor Jorgenson declared the motion carried by a four to one vote. MOTION by Councilman Schneid2r to request staff Lo meet with the petitioner regarding options on the dirt located on his property. Seconded by Councilman Sillings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. NEW BUSINESS- 31. RESOLUTION NO. 93-1997 ADOPTING ASSESSMENT FOR LOCKE LAKE DAM EXCAVATZON PROJECT NO. 255: � Mr. Knaak, City Attorney, stated that there has to be a written communication ob�ection to this assessment, and then it becomes a process by the District Court The City is then notified when the matter is set for trial in the District Court. ' FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2�, 199� PAGE 30 Ms. Vasecka, 6909 Hickory Drive, asked what would be considered legal notification for the public hearing and if the notice had to be addressed to the 1ega1 property owners. � � Mr. Knaak stated that it should be addressed to the legal property owners, but the key issue is that the notice has to arrive at the address of the property that is receiving the assessment. He asked Ms. Vasecka if she received the notice. Ms. Vasecka stated that she did, but her husband did not get the notice. If it was not addressed to him then he would not have seen it. Ms Vasecka stated that the petition submitted did not specifically address this particular assessment or the amount being assessed. She asked if that was considered a legal petition for the assessment. Mr. Knaak stated that if the ultimate amount is greater than what was anticipated then it is allowed. Ms. Vasecka asked if the dredging was complete ecen though no dredging has taken place by the storm drain in front of her home. Mr. Flora, Public Works Director, answered in the affirmative. Ms. Vasecka asked if this would be considered proper notice if the original petition was filed prior to addrtional information given on the shortcomings of the dredging. Mr. Knaak stated that the entire public hearing process is for the purpose of considering these kinds of issues. Ms. Vasecka asked Council to keep in mind that total information was not given to residents about the depth of the assessment so, the cost was to have been $40,000 rather than $54,000. She would like Council to take into consideration the fact that when they were originally assessed for the dam they were told no additional assessment would be passed by the Council regarding this pro�ect The dredging, in her mind, is not complete, and she had discussions with John Flora and the DNR regarding this issue. At the beginning, the concern of the residents was that additional assessments would be made, and theV were given assurances by Council that there would be no additional assessment. Residents were told that if they did not sign the petition there would be no improvement. Mayor Jorgenson asked Ms Vasecka if she is saying residents were coerced into signing the petition. Ms. Vasecka stated that is what she is saying. Ms. Vasecka asked the elevation of the lake. � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 31 1Kr. Flora stated that the current elevation is 820 3 feet. It is anticipated that it will be lowered two feet in November to make room for snow and ice melt in the spring. Mr. Pribyl, Finance Director, asked that the minutes reflect that Pin Nos. 15-12-0067 and 15-12-0068 were combined into one Pin No 15-12-0072 in the amount of $2,393.92. MOTION by Councilman Billings to adopt Resolution No. 93-199�. Seconded by Councilman Barnette. Upon a voice vote, Councilman Billings, Councilman Barnette, Councilman Schneider and Mayor Jorgenson voted in favor of the motion. Councilwoman Bolkcom abstained from voting on the motion. Mayor Jorgenson declared the motion carried by a four to one vote. 32. RESOLUTION NO. 94-1997 ADOPTING ASSESSMENT FOR ALDEN WAY PROJECT NO. ST. 1996 - 1& 2: MOTION by Councilman Schneider to adopt Resolution No. 94-1997. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 33. RESOLUTION APPROVING A REDEVELOPMENT PLAN AMENDMENT TO THE S-2, REDEVELOPMENT DISTRICT (PROJECT PLAN I�MENDMENT, ZOA AMEND A PREVIOUSLY RALLY LOCATED AT 6525 UI^IIVERSITY MOTION by Councilman Billings to adopt this resolution with stipulations attached as Exhibit A. This was submitted by staff this evening. Seconded by Councilwoman Bolkcom. MOTION by Councilman Billings to amend Stipulation No. 5 to read as follows: "The property owner shall enter into negotiations with the Anoka County Regional Railroad Authority for an easement to include 21 feet on the south 51 feet of Lots 9, 10, 11, and 12 of Block 2, Rice Creek Terrace, Plat 1" Seconded by Mayor Jorgenson. Councilman Billings stated that although he would lik_e a more intensive commercial development, he felt this was a reasonable development. Prior discussions with the property owner did provide for the contingency that some type of mass transit would go on that site. This stipulation has been in the record s�_nce 1990. It should come as no surprise that those stipulations existed Both Walgreen's development and the mass transit could be accommodated on this site if the building were sighted a little iurther south and east � Councilman Billings stated that the other issue is the driveway. The County has stated that there should be onlV one driveway, but the developer is saying they need two driveways. This has to be worked out with the County. If this item was tabled for two weeks it would allow the developer to meet with the County to work out this issue. � � ' FRIDLEY CITY COUNCIL MEETTNG OF OCTOBER 27, 1997 PAGE 32 Councilman Billings stated that he is in favor of this development on the site. In representing the City, he has to look at what the City is giving up by scaling down the development and the good planning done by prior developers in terms of mass transit and driveway locations. Councilman Barnette stated that he was in favor of the development, but he felt including the stipulation regarding the agreement with the County for an easement was not necessary. The driveway issue is one that will have to be discussed with the County. As he understands, if Stipulation No. 5 is not deleted the pro�ect will not proceed. Councilman Schneider stated that he had a problem with requlring the easement. This does have some impact on the property Mass transit may never happen. He cannot support the amendment, and he suqgested that Stipulation No. 5 be deleted_ Councilman Barnette felt this was a good pro�ect. There have been other proposals for this site over the years, and the residents have ob�ected. He did not hear any negative comments on this pro�ect. He felt it was not good business to commit parking spaces for something that may or may not happen in the future. He did not know how much the Council was committed to the 1990 and 1991 stipulations, but he felt the easement requirement would kill this pro�ect. Councilman Billings stated that his maln reason for the mocion was for the developer to take a serious look at this issue because he believes there will be mass transit along University Avenue with a station in the vicinity of Mississippi Street. He would like the developer to talk to the Railroad Authority, as they may want to locate their building farther north and east knowing that th2 Railroad Authority may come in and condemn the property It makes sense to plan for mass transit, as he felt it will happen in the future. Mayor Jorgenson felt it would seem shortsighted not to look at an easement. The City cannot �eopardize the future of the community. MOTION by Councilman Billings to table this item to the November 10, 1997 Council meeting. Szconded by Councilwoman Bolkcom. Mr. Craiq Christensen, Semper Development, stated that the easement would take away their best parking and would move the building 60 feet. They would also have to acquire rhe other home wh�ch is noL for sale. If the City insists on taking the parking in front it prevents them from operating a retail establlshment. Ms. Dacy stated that she would like to iaork_ wlth Mr. Kohler, as she believes there are areas on the site where they could come to a solution. The spaces in front are verV important to Walgreen's, but there is 110 feet of blacktop that is unused. She felt tabling this item was appropriate. � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 33 Ms. Swanson, owner of the property, stated that the present tenant in the existing building has been forced to leave. If this pro�ect does not proceed the City will have another empty building. It was time to upgrade this site and to beautify all the four corners of this intersection. UPON A VOICE VOTE TAKEN ON THE MOTION TO TABLE, Councilman Billings, Councilwoman Bolkcom and Mayor Jorgenson voted in favor. Councilman Barnette and Councilman Schneider voted against the motion. Mayor Jorgenson declared the motion carried by a three to two vote. 34. RESOLUTION NO. 95-1997 APPROVING A PLAT, P.S. #97-05, WALTON �� � 8200 iJNIVERSITY AVENCTE N.E.) (WARD 3) : MOTION by Councilwoman Bolkcom to adopt Resolution No. 95-1997, with the following three stipulations attached as Exhibit A: (1) execute and record common storm water use and maintenance agreements for Outlot A, Walton Addition against the plat, (2) park dedication fees shall be paid at the following rates: Lot 2 (Bachman's), $5,657.24; Lot 3 (vacant), $1,217.07, and (3) Rezoning Request, ZOA #97-08, shall be approved. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 35. SPEGIAL USE PERMIT REQUEST, SP #97-08, BY TODD EiP,CHMAN OF BACHMAN'S, INC., TO ALLOW A NURSERY OA GARDEN CENTER REOUIRING Mr. Hickok, Planning Coordinator, stated that this zs a request for a special use permit for Bachman's to allow a garden center which requires outdoor sales or storage. The proposed sales and storage area will be located west of and to the rear of the main structure. MOTION by Councilman Schneider to grant Special Use Permit Request, SP #97-08, with the following stipulations. (1) there shall be no sales or display of inerchandise in front of the building; (2) there shall be no outside storage of chemical fertilizers, pesticides, or herbicides; (3) the plat request and rezoning requests shall also be approved; (4) there shall be no off-season storage of bulk inventory in outdoor sales areas; (5) the fence enclosure and pergola for outdoor sales area shall be built and designed to be architecturally compatible with the build�_nq and building elevation plan dated October 8, 1997; and (6) building elevations shall be as proposed on the plan dated October 8, 1997. Seconded by Council- woman Bolkcom. Upon a voice vote, all vo u ng aye, Mayor Jorgenson declared the motion carried unanimouslV � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2�, 1997 PAGE 34 36. FIRST READING OF AN ORDINANCE TO 7aMEND THE CITY CODE OF THE CITY OF FRIDLEY� MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING, ZOA 97-08, BY TODD BACHMAN OF BACHMAN`S, N.E. MOTION by Councilwoman Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 37. APPROVE CONTRACT FOR ARCHITECTURAI. SERVICES FOR FINISHING LOWER LEVEL OF FRIDLEY COMMUNITY CENTER: (WARD 1): Mr. Jack Kirk, Director of Recreation and Natural Resources, stated that this contract is for designing the lower level of the Fridley Community Center. The design work includes architectural finishes, structural, mechanical, electrical and fire protection systems. The architect during the construction phase is to have weekly meetings for monitoring the progress according to the plans. The City will be informed of any suggested changes after the preliminary design has been approved by Council. The City will have a chance to review and approve changes before this is sent out for bid The contract amount is $20,000 with up to $2,500 of reimbursable expenses and will lnclude sixteen hours of interior design professional work. The architect will attend five meetings throughout the course of the pro�ect to include a program gathering meeting, a design approval meeting, and a construction meeting. MOTI02d by Councilman Schneider to authorize entering into thls contract with Setter, Leach and Lindstrom for designing the lower level of the Fridley Community Center. Seconded by Councilman Billings. Upon a voice vote, al1 voting aye, Mayor Jorgenson declared the motion carried unanimously. 38. INFORMAL, STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 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 October 27, 1997 ad�ourned at 1:27 a.m. Respectfully submitted, Carole Haddad Secretary to the City Council Nancy J. Jorgenson Mayor