11/10/1997 - 00001808�
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THE MINUTES OF THE REGUI�AR MEETING OF THE FRIDLEY CITY COUNCIL OF
The Regular Meeting of the Fridley City Council was called to order
by Mayor Jorgenson at 7:34 p.m.
PLEDGE QF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT• Mayor Jorgenson, Councilman Barnette,
Councilman Billings, Councilman 5chneider
(arrived at 8:14 p.m.) and Councilwoman
Solkcom
MEMBERS ABSENT� None
PROCLAMATION:
HOME HEAI,TH CARE MONTH, NOVEMBEk, 199�:
Mayor Jorgenson read and issued a proclamation proclaiming the
month of No-v2mber, 1997 as Home Health Care Month in the City.
Mr. Loftus, Metro Home Health Care, invited Council to their
celebration of National Home Health Care Council was presented
with a small loaf of bread as a sign of their gratitude for
Council's support of nursing assistance.
CUB SCOUT TROOP 271:
Mayor Jorgenson welcomed Cub Scout Troop 271 to the City Council
meeting. Mr Steve Smuder introduced the members of his cub scout
troop who are working on their citizen activity badges.
APPROVAL OF MINUTES:
COUNCIL MEETING, OCTOBER 27, 1997:
MOTION by Councilman Barnette 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:
NEW BUSINESS:
1. RESOLUTION NO. 96-1997 APPROVING A FINAL PLAT, P.S. #97-02,
WALTON ADDITION (BY WAL-MART STORES, INC.) (WARD 3):
Mr. Burns, City Manager, stated this plat
and reactivated in July, 1997, with the new
C1ub. He stated this plat needs to be
was begun ln 1993
addition to Sam's
acted upon before
� FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 2
rezoning for Bachman's can occur A final plat for Walton
5econd Addition will be added to tonight's aqenda.
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ADOPTED RESOLUTION NO. 96-1997, WITH THE FOLLOWING
STIPULATIONS ATTACHED AS EXHIBIT A: (1) A JOINT STORM WATER
POND USE AND MAINTENANCE AGREEMENT BETWEEN BOTH OWNERS OF LOTS
1 AND 2, WALTON ADDITION, SHALL BE EXECUTED AND RECORDED
AGAINST OUTIAT A, WALTON ADDITION; (2) CROSS-PARKING AND
ACCESS EA5EMENT5 SHALL BE EXECUTED AND RECORDED AGAINST LOT 1
AND LOT 2, BLOCK 1, WALTON ADDITION; (3) THAT PORTION OF
WALTON P,DDITION Ci7RRENTLY DEFINED AS LOT 2, BLOCK 2, CABP.
REALTY 1ST ADDITION, SHAI.L BE REZONED FROM C-2, GENERAT•
BUSINESS TO C-3, GENERAL SHOPPING CENTER DISTRICT PRIOR TO THE
TZME OF DEVEIAPMENT; (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 AND UNIVERSITY
AVENUES; (5) THE PETITIONER SHALL PAY A PARK DEDICATION FEE OF
$13,359.03; AND (6) OUTLOT A BE COMBINED WITH EITHER LOT 1 OR
LOT 2 FOR TAX PURPOSES.
OLD BUSINESS:
2. ORDINANCE NO. 1109 TO AMEND THE CITY CODE OF THE CITY OF
REZONE PROPERTY GENERALLY LOCATED AT 6200 UNIVERSITY AVENUE
N.E.) (WARD 3):
Mr. Burns, City Manager, stated that the first reading of this
ordinance was approved at the October 27 City Council meeting.
The property to be rezoned was a 1.89 acre parcel located to
the north of Sam's Club alonq the West University Avenue
Service Drive. The rezoning request was from C-2 to C-3.
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1109 ON THE
SECOND READING AND ORDERED PUBLICATION.
3. ORDINANCE NO. 1110 IaMENDING CHAPTER 602, "BEER LICENSING," OF
THE FAIDLEY CITY CODE, TO DELETE THE WORD "NON-INTOXICATING"
AND REPLACE IT WITH "3_2 PERCENT" AND TO AMEND SECTIONS
AND
AUTHORIZE PUBLICATION OF THE OFFICIAL TITLE AND SUNAIARY:
Mr. Burns, City Manager, stated that this action brings the
City into conformance with a 1996 State Statute that
� proscribes the term "non-intoxicating liquor." The Statute
requires the replacement of this term with the words "3.2
percent malt liquor" in our beer licensing law. In addition
to the above changes to the beer licensing 1aw, staff, with
the support of the City Attorney, is recommending that the
process for approval of a beer license be changed. The
proposed change would a11ow the City Clerk to publish the
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 3
hearing notice, without City Council approval, and help the
City to stay wzthin the State's sixty-day action law.
Mr. Burns stated that if Council approves this change staff
will be returning in the near fu�ure asking for a similar
change in the City's liquor izcensing law. In addition to
these changes, the amendments include changes sugqested by
Councilmember Billings on October 27. These changes would
strike the date by which liability insurance would be required
for on and o£f-sale liquor establishments. It would also
correct an outdated reference to Minnesota Statutes. In
addition to adoption of this ordinance staff recommends that
Council authorize the publication of these changes by official
title and summary.
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1110 ON THE
SECOND READING AND ORDERED PUBLICATION OF THE OFFICIAL TITLE
AND SUMMARY OF THIS ORDINANCE.
9. RESOLUTION NO. 97-1997 SUPPORTING DESIGNATION OF
MISSISSIPPI RIVER AS AN �RICAN HERITAGE RIVER ('
� Mr. Burns, City Manager, stated that the Metropolitan Council,
in cooperation with the McKnight Foundation, is seeking
Federal, "Heritage River" status for the portion of the
Mississippi River that flows through the seven-county
metropolitan area. Approval of this designation will
facilitate receipt of Federal funding for river pro�ects. If
Council approves this resolution of support, they would not be
committing funds or relinquishing any of its local controls
over this area.
In response to Councilmember Schneider's request, staff has
verified that this action does not preempt local land use
control or other matters of local �urisdiction.
ADOPTED RESOLUTION NO. 97-1997.
NEW BUSINESS:
5. VARIANCE
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iZ�!`�MM�C�ri��S��]a�!'TIM'��I: �'
III. FOR
Mr. Burns, City Manager, stated that the proposed variance is
� for property located at the corner of 63rd Avenue and East
Moore Lake Drive. This varzance will enable the construction
of a 3,022 square foot office building by the International
Ministerial Fellowship. The Appeals Commission voted
unanimously to recommend approval at their October 22 meeting.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 4
3
7.
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GRANTED VARIANCE REQUEST, VAR #97-18, TO REDUCE THE SETSACK
FROM AN ADJACENT RESIDENTIAL PROPERTY FROM 30 FEET TO 15 FEET.
RESOLUTION NO. 98-1997 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO FRIDLEY V.F.W.
1J/lOT OC'J /T.TTDiI �]\ r
Mr. Burns, City Manager, stated that this is a biennial
application renewal for pull-tabs that was last approved in
1995. Staff found no reason to deny approval.
ADOPTED RESOLUTION NO. 98-1997.
99-1997
NO. ST 1998-
THE PRELIMINARY REPORT ON THE
;RTAIN IMPROVEMENTS: STREET
Mr. Burns, City Manager, stated that this is one of several
actions pursuant to establishing an assessment district for
the 1998 Hackmann P.venue pro�ect. It mandates that the City
Clerk identify property owners who are to be assessed and to
calculate estimated assessments for each owner. It further
requires that this information be available for inspection.
It also establishes November 10, 1997 as the date for the
public hearing on the improvement and related assessments.
ADOPTED RESOLUTION NO. 99-1997.
APPROVE CHANGE ORDER NO
2 TO I-694/TH 47 NE RP.MP
� n��_o /41TDll � � .
Mr. Burns, City Manager, stated that the Minnesota Department
of Transportation (MnDOT) requested changes to this pro�ect
including signage for the daily ramp closures, $605; an
additional hand-hole for connection of light pole wiring,
$632.50; and relocation of a light base, $3,000. Staff
recommends approval of a change order in the amount of
$4,327.50 with Forest Lake Contracting. These costs are
reimbursable by MnDOT.
AUTHORIZED CHANGE ORDER NO. 2 WITH FOREST LAKE CONTRACTING IN
THE AMOUNT OF $4,327.50 FOR THE I-694/TH 47 NE RAMP,
RECONSTRUCTION PROJECT NO. ST. 1997-3.
ESTABLISH A PUBLIC HEARING FOR NOVEMBER 29, 1997, TO CONSIDER
A RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION
TO THE STATE OF MINNESOTA FOR THE ONAN CORPORATION:
1 Mr. Burns, City Manager, stated that the City and Onan
Corporation have been working wlth representatives of the
Minnesota Department of Trade and Fconomic Development toward
the acquisition of a$360,000 forgiven loan for Onan. The
loan application would be submitt_ed by the City and used to
support the move of Onan's small "genset" manufacturing
process from Huntsville, Alabama to Fridley. Onan is pledging
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 5
the creation of L44 full-time �obs with an average salary of
$15.00 per hour. The forgiven loan is made available under
the Minnesota Investment Fund. The proposed date for the
public hearing is November 24, 1997.
SET THE PUBLIC HEARING FOR NOVEMBER 24, 1997 TO CONSIDER
AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE STATE
OF MINNESOTA FOR THE ONAN CORPORATION.
10. CLAIMS:
AUTAORIZED PAYMENT OF CLAIM NOS. 77389 THROUGH 77623.
11. LICENSES:
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
12. ESTIMATES.
APPROVED THE ESTIMATES, AS FOLLOWS:
S.M. Hentges & Sons, Inc.
650 Quaker Avenue
P 0. Box 69
Jordan, NIIV 55352
Removal and Replacement of Miscellaneous
Concrete Curb, Gutter and Sidewalk Pro�ect
No. 305
FINAL ESTIMATE :.. . . . . .. . . . . . . . . $ 9,820.S�J
M.C. Magney Construction, Inc.
19245 Highway 7
Excelsior, MN 55331
Wellhouse No. 1 and Water Booster Station
Pro]ect No 298
Estimate No. 2 . . . . . . . . . . . .
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 553274
Central Avenue BikewayJWalk�ray
Pro�ect No. ST. 1994-9
Estimate No. 10. . . . . . .
� Diversified Paving
8019 146th Avenue N.W.
Ramsey, MN 55303
1997 Driveway Pavinq Pro�ect No. 307
Estimate No. 3 . . . . . . _ . . _ _
$37,862.25
$ 8,706.09
$16,587.48
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Frederic W. Knaak, Esq.
Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
St. Pau1, MN 55110
Services Rendered as City Attorney
for the Month of October, 1997 .... ..$ 4,250.00
No persons in the audience spoke regarding the proposed consent
agenda.
MOTION by Councilman Billings to approve the consent agenda items.
Seconded by Councilwoman Bolkcom. Upon a voice vote, a11 voting
aye, Mayor Jorgenson declared the motion carried unanimously.
f_� � 7�7 y � i Ti r• � i] a� i[e f� !.!7 �
MOTION by Councilwoman Bolkcom to adopt the agenda with the
addition of Item 21A, Resolution Approcing a E'inal Plat, P.S
#97-05, Walton Second Addition. Seconded by Councilman Billings.
MOTION by Councilman Billings to amend the agenda to consider Item
15, after Open Forum. Seconded by Councilman Barnette. Upon a
� voice vote, all voting aye, Mayor Jorgenson declared the motion
carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Jorgenson declared the motion carried unanimously.
OPEN FORUM, VISITORS:
COMPLAINT BY MR. PAUL LARSEN, 6460 SQUIRE DRIVE:
Mr. Paul Larsen, 6460 Squire Drive, addressed Council in regard to
the proposed installation of a 15 KW stand-bV generator at his
residence. After several contacts with City staff to determine
what regulations and ordinances would affect the installation of
this unit, he sti11 does not have a deflnitive answer He felt he
has been ignored by the City.
Mr. Larsen stated that he has contacted persons at Onan. They were
very concerned that the City would consider a ban on standby power.
He has also talked wzth a representative of the State Attorney
General's Office who offered an opinion that municipal code and
zoning restrictions are wrrtten to be adhered to, or variances
granted, not interpreted by reading between the lines.
Mr. Larsen stated that he has engaged the services of an attorney,
� Michael Sokol, who specializes in government lrtigation
Mr. Hickok, Planning Coordinator, staLed that he has talked with
Mr. Larsen on several occasions. Mr. Kurt Jensen-Schneider vislted
the site and discov2red the generator on the driveway. Mr Larsen
indicated that he would be moving it to the side yard for
installation. Mr. Hickok informed Mr. Larsen tha� this was not a
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 7
permitted accessory use under the City's ordinance. Mr. Hickok
stated that this generator is three times larger than the typical
home generator, with a muffling system and automotive type muffler.
Mr. Hickok stated that Council would need to advise staff if they
want to pursue an amendment to allow this type of generator as an
accessory use in a residential district. Onan indicated that they
would be wllling to make some suggestions. Mr Hickok apologized
to Mr. Larsen for the delay. Since the City Code does not co=aer
this situation staff felt it would be detrimental to locate a
commercial generator in a residential yard.
Mr. Burns, City Manager, stated that part of the reason for the
delay was for the time required for legal review.
Councilman Barnette stated that without an amendment to the Ctty
Code he would be uncomfortable with this installation, as it is not
listed as a permitted use.
Mr. Hickok stated that Mr. Larsen indicated that in order to keep
it viable he would run this unit once a month for approx_imately
five minutes. He is concerned about three phase power going into a
dwelling. There is also a concern that if people start using
generators to run a woodshop, it would be a use of land beyond what
is permitted in residential districts
Mayor Jorgenson questioned the size. For comparison, Mr. Hickok
stated that it is about as large as the podium in the Council
Chambers.
Councilwoman Bolkcom questioned the noise level Mr. Hickok stated
that it would be like starting a four cylinder engine. She
questioned whether it could be soundprooLed.
Mr. Burns stated that in talking to Onan it would need to be
enclosed and insulated. Onan would be willing to develop a set of
standards. This could very well be a model for Fridley, as well as
other communities.
Mr. Hickok stated that the ordinance does not address these type of
generators in a residential district. Perhaps this needs to be
reviewed.
Councilman Billings stated that staff is not saying a generator of
this type is necessarily prohibited. At this point, the City does
not have provisions in the ordinance to cover this use. Because
there is no language stating it is a permitted use, staff cannot
give the City`s stamp of approval.
Mr. Larsen stated that he is trying to have it properly installed
and hooked up permanently in his home, as an improper installation
can cause shock_s down the line.
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CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE B
Mayor Jorgenson stated that Council does not take action on items
brought up under the Open Forum. It is something that Council will
be reviewing. Possibly it could be permitted as an accessory use.
15. PRELIMINARY PLAT. P
C�S�li7T�
#97-04. HEATHER HILLS NORTH, BY THE
Mayor Jorgenson removed this item from the table.
Mr Hickok, Planning Coordinator, stated that this is a seven-lot
subdivision at 6217 Central Avenue. Mr. Dommer, the petitioner,
requested this item be tabled to this meeting. However, Mr. Dommer
submitted a written request for an additional extension until
December 8 to try and resolve certain issues. The sixty-day actzon
period has been extended into the second sixty days, and Council
must take action by December 12. If this item is Labled to
December 8, action must be taken by Council on this date
Councilman Billings asked if the petitioner is aware that this is
the date when Council must take action.
Mr. Hickok stated that the petitioner has been made aware of this
issue.
MOTION by Councilman Billings to table this item to the December 8,
1997 Council meeting. Seconded by Councilman Barnette. Upon a
voice vote, all voting aye, Mayor Jorgenson declared the motion
carried unanimously.
PUBLIC HEARINGS:
13. PUBLIC HEARING ON RICE CREEK BANK STABILIZATION PROJECT NO.
309 (WARD 1):
MOTION by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by
Councilwoman Sr�lkc�m. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously and the public
hearing opened at 8.06 p.m
Mr. Flora, Public Works Director, stated that three petitions were
received for a total of nineteen property owners in favor of this
improvement. This represents 83 percent of the 23 affected
property owners. It is proposed that this pro�ect will be financed
with 50 percent from the Rice Creek Watershed District, 25 percent
from the City; and 25 percent from the affected property owners.
If Council adopts the resolution to order the final plans and
specifications, the pro�ect will begin with an antzcipated
completion in September, 1998 The pro�ect would be on-going
during the winter months, depending on the weather.
Mr. Petrangelo, 520 Rice Creek Boulevard, wanted to make sure
nothing would be done to his property without his approval.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 9
Mr. Flora stated that is what the City agreed upon.
Mr. Gary Knight, 513 Rice Creek Terrace, asked if the bank erosion
would be taken care of.
Mr. Flora stated that the walls of the creek would be lined in
order to keep the creek in its channel and to stop the walls from
eroding.
Ms. Lynda E11is, 540 Rice Creek Boulevard, asked if the holes would
be filled referring to the second rabbit ear.
Mr. Flora stated that the first rabbit ear has already eroded, and
the holes would be filled.
No other persons spoke regarding thls proposed bank stabilization
pro�ect.
MOTION by Councilman Billings to close the public hearing.
Seeonded by Councilwoman Bolkcom. Upon a voice vote, �ll voting
aye, Mayor Jorgenson declared the motion carried unanimously and
the public hearing closed at 8.14 p.m.
At this time, Councilman Schneider arrived at the meeting_
14. PUBLIC HEARING ON HACKMANN AVENUE IMPROVEMENT PROJECT NO. ST.
1999-1:
MOTZON by Councilman Schneider to waive the reading of the public
hearing notzce and open the public hearing. Seconded by Councilman
Billings Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously and the public hearing
opened at 8:15 p.m.
Mr. Flora, Public Works Director, stated that a meeting was held
with residents on Hackmann Av2nue and Hac}�nann Circle. Five
petitions were received with 27 of the 59 residents or 46 percent
in favor of the improvement. The improvement consists of replacing
the water line and rebuilding the streets with concrete curb and
gutter on Hac]Qnann Avenue and Hackmann Circle.
Councilman Schneider asked the proposed impact as far as the
alignment of the streets.
Mr. Flora stated that the entire street surlace will be removed to
make the water line connections, as well as removing the existing
curbing and adding the qutter. It was suggested, in con�unction
with this pro�ect, that a sump pump drainage system could be
installed in the street to connect to the storm system. However,
there was not much support for this suggestion.
Counciiwoman Solkcom asked the cost to install the sump pump
drainage system.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 10
Mr. Flora stated that it is estimated around $18,000 and would
involve about nine or ten properties This is a sump pump pro�ect
where the City would provide $450 toward this cost. It may be
something that Council may wish to consider. As of now, no one has
shown any interest in connecting. This was discussed bn efly at
the meetings with the residents, but there has not been any further
contact.
Councilman Schneider asked where the sump pumps are currently
draining.
Mr. Flora stated that they were draining in the street. This can
cause a problem with the street being wet and slippery. By havinq
a piped system, there would be no surface impact whatsoever.
Mr. Robert Townsend, 5874 Hackmann Avenue, stated that he lives at
the bottom of the street. It was suggested that two additional
catch basins be installed, but they were told they were not needed.
All the water comes in front of his home. Over a foot of water
seeped through his garage door and into his basement during storms
this year. There is a need for two more catch basins
Mr. F1ora stated that there are three addrtional catch basins
proposed in order to drain the water on the street faster.
Councilman Schneider asked Mr. Townsend if he supported the
pro�ect. Mr. Townsend replied in the aFfirmative.
No other persons spoke regarding this proposed improvement pro�ect.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously and
the public hearing closed at 8:22 p.m.
15. THIS ITEM FOR A
16.
PLAT, P.S. #47-�4, HEATHER HILLS
�N APPROVING A REDEVELOPMENT PLAN ANIENDMENT TO THE
)EVELOPMENT DISTRICT (PROJECT PLAN AMENDMENT, ZOA
BY SEMPER DEVELOPMENT LTD.. TO AMEND A PREVIOUSLY
Mavor Jorgenson removed this item from the Lable
� Ms. Dacy, Community Development Director, stated that since the
October 27, 1997 meeting, staff reviewed rhe site plan to determine
if additional spaces on-site could be created. Walgreen's is
proposing to locate their building in the center of the site with
parking in front of the building and along the Mississippi Street
right-of-way and University Avenue. There will also be spaces to
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FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 10, 1997 PAGE 11
the rear of the building and probably in the northeast and east
corners of the site.
Ms. Dacy stated that the site plan has been revised to accommodate
additional parking spaces for a possible park-and-ride activity.
The revised site plan proposes a total of 131 parking spaces.
Walgreen's had previously stated that 76 spaces would be sufficient
to serve its use. The Zoning Code requires 94 spaces which still
leaves 37 spaces remaining on the site.
Ms. Dacy reviewed the revised site plan recommended by staff. She
stated that Tim Yantos of the Anoka County Regional Railroad
Authority was contacted. It has been determined that there is not
a need for buses to use the proposed Walgreen's site, as there is
adequate right-of-way along Mississippi Street and University
Avenue to accommodate a bus stop or bus lane. The Rail Authority
also had no problems with the 24 spaces at the rear of the site for
a park-and-ride function.
Ms. Dacy stated that this resolution approving a redevelopment plan
amendment to the S-2, Redevelopment District, is submitted for
Council's consideration. Stipulation No. 1 is to be amended to
include the proposed changes to the site p1an, and Stipulation
No. 5 is to be changed based on the City Attorney's comments at the
October 27 meeting.
Ms. Dacy stated that staff faxed the proposed revised site plan to
the petitioner on Pdovember 3. Staff's recommendation is for denlal
of this plan amendment. However, both the Planning Commission and
the Housing and Redevelopment Authority recommended approval.
Councilman Billings stated that as he understands, a motion to
adopt the resolution with the stipulations attached as Exhibit A
and a motion to amend Stipulation No 5 is on the table from the
October 27 meeting He asked that the question be called on these
motions.
UPON A VOICE VOTE TAKEN ON THE MOTION TO AMEND STIPULATION NO 5
(FROM THE OCTOBER 27, 1997 MEETING), ALL VOTED NAY, AND THE MOTION
FAILED.
Councilman Billings stated that what is on the table from the
October 27, 1997 meeting is a motion to adopt the resolution with
stipulations attached as Exhibit A He offered the following
substituted motion:
MOTION by Councilman Billings to substitute a motion for this
resolution, with the changes recommended, and as found on Pages
, 16.03, 16.04 and 16.05 of the agenda book Seconded by Councilman
Barnette,
Councilman Billings stated that as he understands, a vote in favor
of the substitute motion would be to provide the substitution with
the changes that have been made since the October 27 meeting.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 12
UPON A VOICE VOTE TAKEN ON THE ABOVE SUBSTITUTED MOTION, ALL VOTED
AYE, and Mayor Jorgenson declared the motion carried unanimously.
Councilman Billings stated that in 1990 and 1991 one of the ma�or
concerns in regard to light railJmass transit was to minimize the
amount of bus and auto traffic in the ad�acent neighborhood as it
related to a potential station at the corner. The Anoka County
Regional Railroad Authority has stated that they would be able to
provide bus and auto access to the station without requiring a
stipulation on this site. It must be realized, however, without
access across this site, traffic will likely need to use the
neighborhood streets if a station goes on this corner
C�uncilman Billings stated that in 1990 and 1991 the Co�lnty was
also looking at improvements to Mississippi Street and concerned
with the location of the median, and the shortness of stacking area
into the site. At that time there was a stipulation that the
petitioner acknowledged the fact that Lhe roadway conEiguration was
something that was the County's concern. The City was not going on
record promising there would be a break in the median forever.
Councilman Billings stated staff indicated that one of the
stipulations is that the petitioner file a rezoning application for
� the single family lot abutting 66th Avenue. The petitioner does
not have control over that site. He felt that the intention to
rezone this site back to R-1 is the right direction, but he is not
sure if the City can require this property owner to enter into an
action affecting another resident's property.
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MOTION by Councilman Billings to delete Stipulation 1�To 19 and
renumber the remaining stipulations: To amend Stipulation No 5
and substitute the following language "The developer acknowledges
that the right-of-way of TH #4� may become a mass transit corridor
and that a stop or station may be built near Mississippi and
University and that these events may cause easements to be sought
on portions of the site by governmental authorrties." Further, the
Pollowing three stipulations are to be added and numbered
accordingly: (20) "The 17 stipulations from 1990 and the 17
stipulations from 1991 are herewith deleted"; (21) "Al1 of the lots
included in the site plan shall be combined to form one tax
parcel;" and (22) "The developer ack_nowledges that the current
roadway configuration and the traffic studies from 1990 and 1991
notwithstanding, the appropriate governmental bodies reserve the
right to change and alter the alignment of the roadway, including
the location of the median." Seconded by Councilman Schneider.
Councilman Schneider stated that he does not have a problem with
the language, but he is not sure of the purpose of Stipulation
No. 5.
Councilman Billings stated that from the standpoint of the S-2
zoning, the City is basically approving a site plan. If this
developer sells the property, it is merely a protection indicating
that the City is not telling anyone that the road will stay as it
is and that the Ratlroad Authority would not be requesting
� FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 13
easementis. It puts everyone on notice that things may change in
the area and have an impact on the site. The record would probably
so indicate, but by having it in the stipulations a future owner
would see it more readily.
Mr. Knaak, City Attorney, felt this was a good stipulation to add.
Councilwoman Bolkcom asked if the City is causing any hardship to
the residential property on 66th Avenue.
Councilman Billings stated that he felt this property owner would
now have more control over the property without this stipulation on
the rezoning.
Councilman Barnette stated that the property owner's intention is
to rezone the property back to R-1.
Mr. Kohler, architect for Semper Development, stated that the
revised site plan submitted by staff was forwarded to Walgreen's
for their review. He understood the intention was to determine how
park_ing could be maxlmized. However, there are a number of issues
they felt were conflicts. Based on information from the last
meeting in regard to a park-and-ride, they felt such a facility had
� to be freestanding with their own plowing and maintenance. It was
suggested that a separate portion to the north be self-contained
for the park-and-ride.
Mr. Kohler submitted a modified site plan which shifts the entire
pro�ect to the south by fifteen feet to increase the green space to
the north near the residential area. This would allow a separation
between their facility and the park-and-ride. It also meets the
request for 24 parking spaces. Walgreen's felt that the park-and-
ride site was a surge traffic generator. This was another reason
why the second driveway cut is needed on Mississippi Street. It is
important for Walgreen's business as well
Councilman Schneider asked Mr. Kohler if he had any further
discussions with the County regarding the two driveway cuts.
Mr. Kohler stated that he felt they needed to work with the City to
have their support. There is a letter from 1987 which stated that
two entrances on Mississippi Street would be allowed It does not
make sense for them to approach the County if the City does not
support their request.
Mayor Jorgenson stated that with one driveway, traffic wanting to
make a left turn would tie up traffic making a right turn onto
Mississippi Street.
� Mr. Kohler stated that the two driveway cuts make it simpler for
traffic that wants to make a right turn.
Mayor Jorgenson asked if all the setback_ requirements were met if
the building were moved fifteen feet south
� FRIDLEY CITY COUNCIL MEETING OF NOVEMBEft 10, 1997 PAGE 14
Ms. Dacy stated that there is a five-fooL setback along the
Mississippi Street right-of-way and sufficient space for
landscaping.
Ms. Dacy stated that she wished to confirm that the amendments
proposed in Councilman Billinqs' memorandum were handed out this
evening. Staff had no prior knowledge of this memorandum.
Councilman Billings stated that he handed out the proposed
amendments to these stipulations this evening. Therefore, staff
did not have the opportunrty to submit these to the petitioner.
Ms. Dacy stated that in 1990 and 1991, the City approved the
driveway design that has been proposed on this site. It was very
clear between the City and the County that there would be one
access point However, Walgreen's has a formula where their sites
function with two driveways. It would not be appropriate for staff
to change their recommendation Walgreen's building will be
smaller than the original proposed plan, and starf cannoL condone
the construction of a second driveway. In regard to the proposed
plan, she felt the bottom line is that the site can be manipulated
to accommodate the extra parking. She did not Feel the proposed
stipulations suggested by Councilman Billings wculd negate this
� plan or staff's suggested plan. The plan suggested by staff does
conserve the amount of use of the site and provides flexib�_lity for
the developer as well.
Councilwoman Bolkcom stated that Walgreen's stated that they do not
have heavy peak hours of traffic. She wondered whv there was
concern about traffic backing up with only one access
Mr. Christensen, Semper Development, stated that Walgreen's will
not accept the site without the second driceway. They can argue
the fine points, but this is presented to Council as a given that
if they do not have the second driveway the pro�ect cannot proceed.
Walgreen's was advised by the County that they would go along with
what the City recommends. If the City does not want this second
driveway Walgreen's would accept that decision. If a decision
cannot be made until it is decided what the County is willing or
not willing to do, Walgreen's would like to continue this process
in order to meet with the County.
Councilman Barnette felt that Walgreen's has met the City half way
on their agreement for the park-and-ride. He personally does not
see the hang-up on the two driveways.
Ms. Dacy stated that from a planning standpoint, the volume of
traffic the petitioner has stated would be gener�ted, would not
� require another driveway. From a historical perspective, the
County has advised the City to maximize the queuing distance from
the driveway to the intersection. Another driveway is a conflict
point.
Councilman Schneider asked if it would ciolate the MnDOT queuing
distance if two driveways were allowed
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 15
Ms. Dacy stated that a permit is not required From MnDOT because
there is no access onto a State roadway She felt that the County
would have to answer the question if this would violate MnDOT's
queuing. From the City's viewpoint, Mississippi Street is a ma�or
roadway. Walgreen`s is a building that can operate with one
driveway; however, they would prefer two driveway cuts.
Councilman Schneider asked if two driveways would be allowed if
this was a larger development. He did not see the harm in
providing another driveway.
Ms. Dacy stated that the proposed prior development for this site
was twice as large, and one driveway was adequate to serve their
needs. Wrth two driveways there is an additional conflict point
closer to the intersection that would typically be approved for
Mississippi Street. She did not doubt from the petitioner's
viewpoint that two driveways are beneficial to them. However,
Mississippi Street is a main arterial at a ma�or intersection, and
a 32 foot wide driveway is provided to serve the site.
Councilman Barnette stated that he would be willing to allow two
driveways and to let Walgreen's deal with the County. He felt the
pro�ect was a good one Walgreen's has addressed the mass cransit
issue, and perhaps the City should compromise.
Councilwoman Bolkcom questioned what would happen if the Crty
approves two driveway cuts but the County allows only one.
Councilman Barnette stated that Walgreen's would then have to
address this issue.
Mr. Christensen stated that they were requesting that the City
support two driveway cuts.
Councilman Schneider stated that it would be another case if there
was evidence that two driveways would cause accidents or violate
certain standards. He believes the argument is that the building
is small and that two driveways are not needed.
Mayor Jorgenson stated that at this time, Council is focusing on a
single use. There may be another type of use in the future that
may have a greater impact during peak_ periods. These issues all
need to be considered in the best interests of the City.
Councilman Sillings asked if there �aere anV questions on his motion
for the amendments
Mr. Christensen asked if any of these amendments compromise the
driveway issue.
Councilman Billings stated that to his knowledge these amendments
compromise the driveway issue.
� FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 16
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Jorgenson declared the motion carried un�nimously.
Councilman Billings stated that he had a conversation with
Mr. Yantos in which he stated that he had spoken with a
representative from Walgreen's in Chicago and a representative from
Semper Development. Mr. Yantos indicated to him that Walgreen's
was quite firm in that they did not want to move the building, even
an inch. He has been looking at this proposal from the standpoint
that the building would not be moved and how light rail transit
r_ould be accommodated. He felt staff's primary position was that
the County is looking for a drop-off and not necessarily for a
park-and-ride. Even if this site is considered as a drop-off for
mass transit there are a number of people that will park in this
lot. He felt the main emphasis of staff has been to try to
accommodate the space in that eventuality. The Anoka County
Regional Railroad Authority has re-evaluated their needs on the
srte. After their conversation with Walgreen's agreed that they
will do the drop-off. If people are park_ing on Walgreen's site,
Walgreen's can deal with it. It would have been nice to have had
this plan last week so that they could have brought it to the
County.
� Mr. Kohler stated that when they received staff's revised plan they
immediately sent it to Walgreen's. Walgreen`s plan was to k_eep the
building where it was originally proposed. Semper Development
proposed that zt be shifted. Af�er reviewing the issues,
management realized there would be a park_-and-ride site.
Councilman Billings asked if 5ernper Development or Walgreen's has a
problem with the parking configuration included in staff's revised
site plan dated November 3
Mr. Kohlzr stated that it really does not address the park-and-
ride. It maximizes parking on the site.
MOTION by Councilman Billings to amend Stipulation No 1 and delete
all the underlined language which refers to the revised site plan
Seconded by Councilman Barnette. Upon a voice vote, a11 voting
aye, Mayour Jorgenson declared the motion carried unanimously.
Councilman Billings stated that in 1990 and 1991 there was a
tremendous amount of engineering data that addressed the conflicts
that would arise with two driveways. Although staff has not
brought those conflicts forward he felt Council was iully aware of
them. The developer stated that they would be willing to extend
the time period �o have an opportunity to bring these questions to
the County. If Stipulation No. 4 was amended to address the two
� driveways, Chere would still be the quesLion of the location of the
building on the site.
Councilman Barnette felt that the Communitp Development Department
had a right to review the petitioner's modified p1an.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 17
Councilwoman Bolkcom stated that if the County permitted twc
driveways on this site, she would go along with it.
Councilman Barnette stated that the County's position is one
driveway. However, if the City approves two it gives the developer
leverage to go back to the County and negotiate.
MOTION by Councilman Schneider to amend the stipulations by
deleting Stipulation No. 4 pertaining to t_he driveways. Seconded
by Councilman Barnette.
Councilman Billings stated that if Stipulation No. 4 was deleted
and the County does not approve two driveway cuts, there would be a
problem. This would leave no opportunity for Walgreen's but to go
along with one driveway because the site plan has been approved
with two driveways and the time for action expired. He felt it
would make more sense to leave Stipulation No. 4 and add a sentence
that if the County was to approve two 30 foot driveways the site
plan could be approved.
Councilman Schnzider stated that he is attempting to give the
developer some leverage to go to the County.
Mayor Jorgenson stated that if there are two driveway cuts located
as on the plan she could not support it.
COUNCILMAN SCHNEIDER WITHDREW HIS MOTION WITH THE PERMISSION OF HIS
SECONDER COUNCILMAN BARNETTE.
MOTION by Councilman Schneider to delete Stipulatlon No. 4 as
written and substitute the following wording: "That the City
conceptually approves two driveway cuts and the petitioner is to
work with the County to determine the exact location of the two
cuts." Seconded by Councilman Barnette. Upon a voice vote,
Councilman Schneider, Councilman Barnette, and Mayor Jorgenson
voted in favor of the motion. Councilman Billings and Councilwoman
Bolkcom voted agalnst the motion Mayor Jorgenson declared the
motion carried
Councilman Billings stated that the motion �ust passed requires two
driveways for the site. The S-2 zoning requires approval of the
site plan by the Council. He understands that ir there are not two
driveways, the pro�ect would not proceed if the County allows
only one driveway, Walgreen's no longer has an approved site plan.
MaVOr Jorgenson stated that she felt staff should have the
opportunity to evaluate this modified plan submitted by Semper
Development.
Mr. Christensen ask_ed if they could voluntarily extend this sixty-
day action period.
Mr. Knaak, City Attorney, stated that if they are oFfering a waiver
of the requirements for the legal status Council could approve the
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 1B
extension. An affirmative action on the resolution could be
tabled.
Councilman Schneider stated that he was trying to force a decision
on the two versus one driveway so that the developer had something
concrete when they approach the County. The ma�ority of Council
supports two driveway cuts.
Mr. Christensen requested an extension of the sixty-day action
requirement.
Mr. Knaak stated that this would have to be a written request to
the City.
Councilman Billings stated that an extension would allow staff to
evaluate the relocation of the building.
MOTION by Councilman Billings to table consideration of this item
in order to ascertain the necessary information to fully examine
and study the request, and to extend the review period for City
Council action an additional sixty-days and to notify the
petitioner in writing of this sixty-day extension as soon as
possible. Seconded by Councilwoman Bolkcom. Upon a voice vote,
all voting aye, Mayor Jorgenson declared the motion carried
unanimously.
Councilman Billings stated he hoped Lhat staff could bring this
back as expedrtiously as possible.
I�L�i:i=i�I.�i�.I�XYi
17. FIRST READING OF AN ORDINANCE RECODIF'YING THE FRIDLEY CITY
CODE, CHAPTER 205, ENTITLED "ZONING,^ BY ADDING NEW SECTION
205.29, "O-5 TELECOMMUNICATIONS TOWERS AND FACILITIES,^ TO
AMEND SECTIONS 205.D6, 205.17.O1.C.(7), 205.18.O1.0 (7),
Ms. Dacy, Community Development Director, stated that since the
public hearing staff has revised this proposed ordinance as
follows: (1) reformat the text to match the City's format for
Overlay Districts; (2) clarify the procedures for reviewinq towers
and wireless communications facilities as permitted uses on
approved srtes and special uses in industria] districts, (3) a
requ�rement has been added for wireless providers to submit
technical evidence from an independent geological engineering
consultant confirming that the soil is capable of supporting the
proposed tower, antenna arrays and equipment; and a structural
engineer wi11 have to prove that the area proposed for a monopole
or tower is adequate to completely contain the structure if it
should collapse for any reason; (4) sections added to clearly state
that a building permit is required, and that the facilities are to
be located in the rear or side yard areas, and (5) a fee schedule
has been proposed. Ms. Dacy further explained these revisions and
reviewed the fee schedule.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 19
Ms. Dacy stated that one industry representative has suggested
extension of the moratorium to allow other approved sites. She
stated that there is also a letter from Peter Beck, AT&T Wireless,
who recommends additional antennas at existing sites and placement
of antennas on buildings or other antenna-supported structures as a
permitted use. Staff felt this was contrary to the concept of
"approved srtes."
Ms. Dacy stated it is recommended that the ordinance be approved on
first reading sub�ect to deleting the lease agreement fee on a
public site, removing Section 205.29.06 and creating separate
sections for each requirement, and amending Section 205.29.08.C. to
remove an improper reference to item (8). She said that some
additional minor modifications may need to be made prior to the
second and final reading of this ordinance on Diovember 24, 1997.
MOTION by Councilman Barnette to waive the reading and approve the
ordinance on first reading sub�ect to the deleting the lease
agreement fee on a public site, removing Section 205.29.06 and
creating separate sections for each requ�_rement, and amending
Section 205.29.OS,C. to remove improper reierence to item (8).
Seconded by Councilman Schneider. Upor a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
18. FIRST READING OF AN ORDINANCE AMENAING CHAPTER 113, ENTITLED
"SOLID WASTE DISPOSAL AND RECYCLING COLLECTION,^ BY �NDING
SECTION 113.07. AND ALSO AMENDING CHAPTER 11, ENTITLED
w
Ms. Jones, Planning Ass�stant/Recycling Coordinator, stated that
this ordinance would amend the recycling serv_ce fees from $4 to $6
per quarter for residential dwellings of �ne to four units and
multiple dwellings of five to twelve units. Multiple dwellings of
thirteen or more unrts will be charged the current contract price
which the City is charged by a private contractor.
Ms. Sones stated that at the public hearing there was a request
from Council about possibly offering a seniors discount. The
discounts currently offered a 25 percent on water rates and 50
percent on sewer rates. If a 33 percent discount is recommended on
the recycling fee, it would amount to 66 cents per month. There
are currently two hundred households on this discount system. If
offered rt would mean an additional shortrall in the SWAP budget of
$1,600. It is important to note that the 1998 SWAP budget,
including the increased $6 per quarter fee on utility bills, is
already short approximately $16,000 from covering pro�ected
expenses. Staff is recommending that no discounts be allowed.
Ms. Jones stated that there has been a 43 percent increase in the
October, 1997 tonnage compared to the October, 1996 tonnage In
comparing the tonnage betiween April, 1997 and October, 1996 there
has been a 10 percent increase.
� FRIDLEY CITY COUNCIL MEETING OF NOVEM�ER 10, 1997 PAGE 20
MOTION by Councilwoman Bolkcom to waive the reading and approve the
ordinance on first reading. Seconded by Councilman Barnette. Upon
a voice vote, Councilwoman Bolkcom, Councilman Barnette, Councilman
Billings and Mayor Jorgenson voted ln favor of the motion.
Councilman Schneider voted against the motion. Mayor Jorgenson
declared the motion carried.
19. RECEIVE PROPOSALS FOR COLLECTION, PROCESSING AND MARKETING
Ms. Jones, Planning AssistantlRecycling Coordinator, stated that
RFPs were sent out for the metals portion of the recycling
operations. Four quotes were received, and Great Western proposed
the best price for aluminum cans and scrap metal. The
Environmental Quality and Energy Commission unanimously recommended
to accept this proposal from Great Western
Ms. Jones stated that the RFPs were sent out for the miscellaneous
recyclables which include steel cans, plastic bottles, cardboard,
newspaper, mixed paper, and glass. Three proposals were received,
but were difficult to analyze because predictions needed to be made
about the volume of each category of recyclables in order to fairly
compare container rental and transporting fees. It appeared that
� BFP s proposal is the most competitive, with an estimated cost of
$807 per month. However, boxboard is not a part of their program.
Fridley residents should not be inconvenienced by this change since
they can recycle dry food boxes at the curb. The Environmental
Quality and Energy Commission recommended that Council approve the
Weyerhaeuser proposal. Incorrect market value information was
provided regarding BFI's proposal. The EQE Chairperson has been
contacted, and staff has not received any ob�ections. Staff
recommends that Council accept the proposal from BFI for
miscellaneous recyclables marketing and transport.
Councilman Schneider asked the total cost of operating the
recycling center.
Ms, Dacy stated that the net cost with these proposals for 1998 is
going to be $6,000 to $8,000. The cost will be less this year than
last. The contracts are for one year. She felt that_ the City
could provide the service and get the tonnage for a reasonable
cost.
Councilman Schneider stated that the question was how much would it
cost everyone for the convenience of the center
MOTION by Councilman Billings to receive Lhe RFPs for the metal
recycling and the miscellaneous recyclables. Seconded by
� Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997
20.
CTION, PROCESS
m
PAGE 21
MOTION by Councilman Billings to approve the contract with Great
Western Recycling for aluminum and scrap metal recycling and the
contract with BFI for miscellaneous recyclables and authorize the
appropriate City officials to execute same. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
21.
00-1997
FINAL PLANS AND
MOTION by Councilman Billings to adopt Resolution No 100-1997.
Seconded by Councilman Schneider. Upon a voice vote, al1 voting
aye, Mayor Jorgenson declared the motion carried unanimously.
22. RESOLUTION NO. 101-1997 ORDERING FINAL PLANS AND ESTIMATES OF
COSTS THEREOF: HACKMANN AVENUE IMPROVEMENT PROJECT NO. ST
1998-1 (WARD 2y:
MOTION by Councilman Schneider to adopt Resolution No. 101-1997.
Seconded by Councilman Barnette. Upon a voice vote, al1 coting
aye, Mayor Jorgenson declared the motion carried unanimously
21A. RESOLUTION NO. 102-1997 APPROVING A FINAL PLAT, P.S. #97-05,
WALTON SECOND ADDITION:
Mr. Hickok, Planning Coordinator, stated that earlier in the
evening Council had a plat for Sam's Club. This plat was Walton's
Second Addition. Bachman's requested that Council consider tt last
this evening. This plat would allow a two-lot subdivision for
Bachman's and continue to allow the block for Sam's Club and an
outlot for a ponding area.
Mr. Hickok stated that staff recommended approval of this final
plat with the following stipulations� (1) execute and record
common storm water use and maintenance agreements for Outlot A,
Walton Addition, against the plat; (2) parl; 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-OS shall be
approved.
MOTION by Councilwoman Bolkcom to adopt Resolution No. 102-1997,
with the following stipulations attached as Exhibit A: (1) execute
and record common storm water use and maintenance agreements for
Outlot A, Walton Addition, against the p1at, (2) park dedication
fees shall be paid at the following rates. Lo� 2, Bachman's,
$5,657,24 and Lot 3, vacant, $1,217.07; and (3) rezoning request,
ZOA #97-08, shall be approved. Further, to authorize the Mayor to
slgn the final plat. Seconded by Councilman Barnette. Upon a
voice vote, all voting aye, Mayor Jorgenson declared the motion
carried unanimously.
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FRIDLEY CITY COUNCIZ MEETING OF NOVEMBER 10, 1997
23. INFORMP.L STATUS REPORTS:
PAGE 22
Mr. Surns, City Manager, stated that for the conference session he
would like to discuss the Old Central Avenue pro�ect, Jackson
Street consulting proposal, potential petition to circulate
regarding the vacation of an easement connecting River Edge Way
with Stevenson School, and Norwest Foundation`s donation for the
Community Center.
ADJOURNMENT -
MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council oF November 10, 1997 ad�ourned
at 10:30 p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
Nancy J. Jorgenson
Mayor