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01/05/1998 - 4806� � OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING JANUARY 5,1998 . � anor Fwa�r FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Mav�day, Januany 5, 1998 � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER � CfTY OF FRIDLEY FI�IDLEY CITY COUNCIL MEETING OF JANUARY 5,1998 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activiries because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientarion or status with regard to public assistance. Upon request, accommodarion will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: By Marcia Etlicher of Norwest Bank Minnesota, N.A. u APPROVAL OF MINUTES: City Council Meeting of December 8, 1997 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Resolution Designating Official Depositories for the City of Fridley . . . . . . . . . . . . . . . . . . 1.01 - 1.03 FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (�CONTINUEDI: Resolution Designating Official Newspaper for the Year 1998 . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.02 Resolution Designating Director and Alternate Director to the Suburban Rate Authority . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.02 Resolution Imposing Load Limits on � Public Streets and Highways in the City of Fridley, Minnesota . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.05 Receive the Minutes of the Planning Commission Meeting of December 3, 1997 ....................................5.01-5.12 FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Receive the Minutes of the Planning Commission Meeting of December 17, 1997 ....................................6.01-6.13 Resolution Approving a Vacation, SAV #97-02, Generally Located at 8200 University Avenue N. E: (By Todd Bachman of Bachman's Inc.) (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.11 Establish a Public Hearing for January 26, 1998, to Review the City of Fridley's 1998 CDBG Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.04 Approve 1998 Development Review Schedules for Planning Commission, � Appeals Commission and City Council Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.10 FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: Resolution Right-of-Way for Lake Pointe improvement (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.03 Resolution in Support of a Renewal Application for a Minnesota Lawful Gambling Premise Permit to Moose � Lodge 38 Fridley (8298 University Avenue N.E.) (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.02 n Claims ....................................12.01 Licenses ....................................13.01-13.04 Estimates: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.01 ADOPTION OF AGENDA: FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARING: PAGE 5 Zoning Text Amendment, ZTA #97-04, by the City of Fridley, to Amend Appendix A of Section 205.29 of the Fridley Zoning Code, to Designate Seven Sites as "Approved Sites" for Telecommunication Towers or Antennas on Existing Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.01 - 15.12 NEW BUSINESS: City of Fridley 1998 City Council and Staff Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.01 Informal Status Reports ADJOURN: ..............................17.01 0 � � � � /�,:2<. Z� ,+ - i- �� � FAIDLEY CITY COUNCIL MEETING OF JANUABY 5,1998 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatinent, or employment in its services, prograzns, or acriviries because of race, color, creed, religion, narional origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodarion will be provided to allow individuals with disabiliries to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabiliries who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: By Marcia Etlicher of Norwest Bank Minnesota, N.A. �? � ,-�- . � L 7 S-� �.�-.-�-�-� �„�._.. . t�. , � APPROVAL OF MINUTES: City Council Meeting of December 8, 1997 �t%��Z,�„r--�C_ � � - �4PPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Resolution Designating Official Depositories for the City of Fridley 1.01 -1.03 � ��� ��- , Resolution Designating Official Newspaper for the Year 1998 �-Z �-��-� l/�-- . NEW BUSINESS [Continuedl: Resolution Imposing Load Limits on Public Streets and Highways in the City of Fridley, Minnesota ..... 4.01 - 4.05 �,�.a-y.t-,�.� � _ Receive the Minutes of the Planning Commission Meeting of Decembe� 3, 1997 ��� . . . . . . . . . . 5.01 - 5.12 � Receive the Minutes of the Planning Commission Meeting of December 17, 1997 ��,_�.;�. . . . . . 6.01 - 6.13 Resolution Approving a Vacation, SAV #97-02, Generally Located at 2.01 - 2.02 8200 University Avenue N.E. (By Todd Bachman of Bachman's Inc.) (VVard 3) . . . . . . . . . . . . . . 7.01 - 7.11 - i2�.�. Resolution Designating Director and Alternate Director to the Suburban Rate Authority ..... 3.01 - 3.02 �''��*'�"` _� ��-� �� ' � ��" ,.� ��--� ��t��,4� L EstablisM a Public Hearing fo� January 26, 1998, to Review the City of Fridtey's 1998 CDBG Application . . . . . . . . . . . . . . 8.01 - 8.04 .�,� �`�' �`" ���/�'� APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED�; Approve 1998 Development Review Schedules for Pianning Commission, Appeals Commission and City Council Actions . . . . . . . . . . . . . . 9.01 - 9.10 ���� Resolution Right-of-Way for Lake Pointe Improvement (Ward 2) . . . . . . . . 10.01 -10.03 �..�,�,�.-�� __-�. �._�..�,� � ��'�_`'`'� �.` ,.� �,�.�a---- � sL Y+--��'— /��— � L�-�� � Resolution in Support of a Renewal �"1�'�`��"� Application for a Minnesota Lawful �� ) Gambling Premise Permit to Moose Lodge 38 Fridley (8298 University Avenue N.E.) (Ward 3) . . . . . . . 11.01 - 11.02 ��� � • Claims Licenses Estimates: ��.......... 12.01 � .......... 13.01-13.04 � .......... 14.01 PUBLIC HEARING: Zoning Text Amendment, ZTA #97-04, by the City of Fridley, to Amend Appendix A of Section 205.29 of the Fridley Zoning Code, to Designate Seven Sites as "Approved Sites° for Telecommunication Towers or Antennas on Existing Buildings . . . . . . . . . . . . . . �^ �� . � �� �- �;/C 15.01 -15.12 �' c . ,�Z� . e,,,�:.fi-..�--� �u---�----a` � �,� �,ti.:� �u--�^�� ` ��,z-��. � NEW BUSINESS: ADOPTION OF AGENDA: � J � a �� �. �. -- �- OPEN FORUM. VISITORS• (Consideration of Items not on Agenda - 15 Minutes) �j,r' City of Fridley 1998 City Council and Staff Appointments . . . : . . . . . . . . . . 16.01 � �.- jji� ,' -��'`� �3,U�� -.� ��A ��,,�, G�-r� °+.,� . �-�' �' ,� 'L' -�--�-,--,-�-�.-�- ,�-- �- ����- �__---, Informal Status Reports . . . . . . . . . . . . 17.01 �,,,,:� ��,.���� % � -,� . �-`�,�.'" 6� � T'�`..x�- '.,.` ?'` f'�...�,�„�- 5,,.�.� � � �"'-,.' ��� �' � �"''ti"„` - ADJOURN: 0 � � � )'�? . THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8,1997 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 2 3. APPROVE 1998 GIS RANGE RIDER PROPOSAL WITH PLANSIGHT, LLC: Mr. Burns, City Manager, stated that during the last year, the City has joined with the cities of Columbia Heights and Andover in contracting for GIS services. Mr. Jerry Happel and his co-worker from P1anSight, LLC have performed well for all cities. Their 1997 accomplishments in Fridley include: (1) identification and documentation of existing GIS data bases; (2) assessment and upgrading of existing data bases; (3) development of a data dictionary for all GIS files; (4) development of a link between our GIS software and police reporting software; (5) updating our GIS base map; and (6) numerous custom applications. Mr. Burns stated that as a result of successful performance in all three cities, staff is recommending the approval of a GIS Range Rider contract for 1998. Under the terms of the contract, services to the City include: (1) provision of networked GIS access; (2) construction of various utilities overlays; (3) development of a multi-unit address file; and (4) creation of a building permit issuance file. The cost for this contract is $47,000 or fifteen percent more than in 1997. Fridley's share of this cost is $15,666 and $20,000 was budgeted for this item. APPROVED THE 1998 GIS RANGE RIDER PROPOSAL WITH PLANSIGHT, LLC. 4. RESOLUTION NO. 112-1997 AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1998 GALENDP.R YEAR: Mr. Burns, City Manager, stated a three percent cost of livinq adjustment for all City employees who are not members of bargaining units is recommended. This adjustment also includes a three percent increase in automobile allowances and a half cent increase in the City's mileage reimbursement rate. ADOPTED RESOLUTION NO. 112-1997. 5. RECEIVE PROPOSALS FOR INSURANCE AND RISK MANAGEMENT SERVICES: � RESOLUTION NO. 113-1997 APPROVING AN AGENT'S INSURANCE SERVICE AGREEMENT WITH CORPORATE 4 INSURANCE AGENCY, INC.: Mr. Burns, City Manager, stated that the requests for proposals were sent to 23 agencies. Six proposals were submitted and evaluated. As a result of this review and the good performance of our existing contractor, it is recommended that Corporate 4 Insurance Agency be reappointed as the City's provider of insurance and risk management services for the next three years. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 3 Mr. Burns stated that the terms of the agreement with Corporate 4 are: (1) conduct an annual risk exposure survey; (2) write specifications for the City's various insurance products; (3) obtain quotes for insurance coverage; and (4) conduct negotiations with all of the City's insurance providers on behalf of the City. The annual cost for these services is $4,000. _ RECEIVED THE FOLLOWING REQUESTS FOR PROPOSALS: AGENCY Aon Risk Services Youngdahl Companies Twin City Group Krause-Anderson Insurance Corporate 4 Ins. Agency Acordia of Minnesota ADOPTED RESOLUTION NO. 113-1997. TOTAL (for 3 yrs.) $45, 000 34, 500 30, 000 19, 000 12, 000 10, 500 6. RESOLUTION NO. 114-1997 IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO CLIMB (CREATIVE LEARNING IN MIND AND BODY) THEATRE CON�ANY (MP,PLE LANES, 6310 HIGHWAY 65 NE.) (W�RD 2): Mr. Burns, City Manager, stated that CLIMB took over this pull tab operation for Totino-Grace for a partial year in 1997 and this permit covers the years 1998 and 1999. Staff reviewed CLIMB's charitable giving and operations records and found no problems. ADOPTED RESOLUTION NO. 114-1997. 7. CLAIMS: AUTHORIZED PAYMENT OF CLAIMS NO. 77886 THROUGH 78097. 8. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 9. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of November, 1997. ......$ 4,250.00 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 4 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Prosecuting Attorney for the Month of September, 1997. .$15,494.50 No persons in the audience spoke regarding the proposed consent agenda. MOTION by Councilman Billinqs to approve the consent agenda items. Seconded by Councilwoman Bolkcom. Upon a voice vote, all votinq aye, Mayor Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Jorgenson stated that Items 12 and 13 on the agenda should be reversed. MOTION by Councilman Billings to adopt the agenda, with the above amendment. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response business. PUBLIC HEARING: from the audience under this item of 10. PUBLIC HEARING ON LOCAL LAW ENFORCEMENT BLOCK GRANT IN THE AMOLJNT OF 21, 67 9: MOTION by Councilman Billings to waive the reading of the public hearing notice and open 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 opened at 7:43 p.m. Ms. Rose Griep, Public Safety Projects Coordinator, stated that the City has been awarded a local law enforcement block grant in the amount of $21,679 with the City contributing $2,408. This grant is similar to the one received in 1996 for $20,056 that was used to fund overtime for enforcing curfews and surveillance work for thefts. There are several other funding sources for overtime so this grant will be used to purchase equipment. Ms. Griep stated that a citizens advisory board meeting was held to obtain recommendations for expenditure of these funds. The advisory group consisted mostly of the block captains for the Neighborhood Crime Watch Program. After discussions, it was recommended that the funds be used to purchase a speed trailer, digital cameras, and a lap top computer. The City currently uses a FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 5 speed board that only picks up the first car's speed in a series of vehicles. The speed trailer will pick up all cars, monitor speeds, and identify those vehicles exceeding the speed limit. The cost for this speed trailer is $14,300. Ms. Griep stated that another recommendation was to purchase a lap top computer with a portable projection unit to be used by the neighborhood resource officers to identify areas of crime and other data during their presentations. The final recommendation was to purchase digital cameras used primarily in domestic violence cases to identify personal injuries sustained by victims. Mayor Jorgenson asked if the speed trailer could be equipped at a later date with camera equipment. Ms. Griep stated that it does have that capability. It is, basically, an awareness tool. If there are a lot of traffic violations in a certain area enforcement would be increased. Councilwoman Bolkcom asked the advantage over the hand held units. Ms. Griep stated that with the hand held units an officer needs to be present. Councilwoman Bolkcom asked if the advisory board agreed to these purchases, or if they had any other ideas. Ms. Griep stated that another issue discussed was greater enforcement for those persons violating red lights. This is being reviewed through the GIS mapping. Equipment would be needed for high speed chases and other tactical type equipment. The board did not want to support these at this time. Ms. Griep stated that this hearing is an awareness process for anyone who wished to voice any concern or comments if they were not in agreement with the advisory board's suggestions. The public hearing notice was published in the official newspaper in the event anyone wished to attend. Mr. Burns, City Manager, stated that this item was mentioned as part of the consent agenda at the last City Council meeting. The City's legal obligation is to hold the public hearing. No persons in the audience spoke rec}arding this local law enforcement block qrant. MOTION by Councilman Barnette 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 7:52 p.m. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 6 OLD BUSINESS: 11. PRELTMINP.RY PLAT, P.S. #97-04, HEATHER HILLS NORTH, BY THE PHILIP STEPHEN C�ANIE5, TO RESUBDIVIDE THE PROPERTY GENERALLY LOC.�TED AT 6217 CENTRPiL AVENUE N.E. (WARD 2) (TABLED NOVEMBER 10, 1997): MOTION by Councilman Barnette to remove this item from the table. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mr. Hickok, Planning Coordinator, stated that this property in the plat is located south of Rice Creek Road, east of Central Avenue, and west of the Moore Lake Racquet Club. There is an existing home on the property at 6217 Central Avenue. A preliminary plat has been filed. That plat has two unreserved issues. They are: access to heather place, due to a four foot outlot in the Heather Hills West developments and lot 1 does not meet the minimum eighty foot requirement of the subdivision ordinance. It will require a two foot addition to comply with the City's subdivision ordinance, as it now only has a dimension of 78 feet. Mr. Hickok stated that this request is to create seven single family lots in an R-1 zone. Each lot exceeds the 9,000 square foot minimum required. Six homes will be "paired" sharing a single driveway and maintained within a homeowner's association, but, architecturally, they would be individual. The average price of the homes to be marketed is $300,000 with 1,800 square feet on the main floor. There would be shared concrete driveways, matching mailboxes, yard lighting appropriate for the architecture in the area, as well as an entry monument off Central Avenue. The seventh lot would be maintained separately with access from the Ben More cul-de-sac. Mr. Hickok said the status of Outlot B, Heather Hills West is without resolution. Without�0utlot B, this plat does not have legal street access. As of today, staff has not received word that acquisition of Outlot B has occurred. With the exception of the access issue and the minor modification of Lot l, the plat meets the requirements of the subdivision ordinance. Staff recommends the plat be denied due to lack of required street frontage. Councilman Billings stated that in a letter dated November 4, 1997 and signed by Mr. Dommer. In the letter Mr. Dommer stated that the corner lot would be adjusted to meet the 80 foot width requirement. Councilman Billings asked staff if anything has been received indicating that this adjustment has been made, and if any information has been received indicating that Mr. Dommer has control of Outlot B. Mr. Hickok stated that staff has not received any further information on the lot adjustment or control of Outlot B. Councilwoman Bolkcom asked if Council was seeking additional information at this time. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 7 Mayor Jorgenson stated that the Planning Commission held a public hearing. Council either attended this meeting, received a copy of those minutes, or viewed the meeting on cable television. Councilman Billings stated that this is not a public hearing, only an item for Council action. Mr. Hickok stated that the official public hearing was held before the Planning Commission. Mayor Jorgenson stated that when this item was first before Council, the developer and his attorney were not present. Therefore, the item was tabled and residents did not comment. This item was again tabled at the last Council meeting which did not allow comments from residents. Councilman Billings stated that this is not an official public hearing. If Council is prepared to take action there is no legal requirement that the issue has to be kept open as a public hearing. Mayor Jorgenson stated that both she and Councilman Schneider received calls from neighboring residents. She did not want to exclude them from speaking. Councilwoman Bolkcom stated that testimony was heard at the public hearing before the Planning Commission. She did not want the same information brought up again. � Mr. Dommer, the petitioner, stated that Heather Hills North is a fine project and would create valuable homes. He will try to introduce new information regarding this development. Councilman Billings stated that Mr. Dommer, in his letter of November 4, addressed the 80 foot width requirement for a corner lot. Councilman Billings a5ked Mr. Dommer if he had a new survey plat showing the 80 foot lot. Mr. Dommer stated that he brought a site plan with him that shows this lot as 80 feet wide. Councilman Billings asked Mr. Dommer if he has taken control of the four-foot strip. Mr. Dommer stated that it is their position that the four foot strip does not exist, and no one has control of it. Councilman Billings stated that Council has read all the information regarding this plat, and action will be taken this evening. However, he would be happy to hear any clarification of the points. Mr. Dommer stated that there are two stipulations in the staff report that he feels must be addressed before action by the Council. There is a site plan that shows the 80 foot width on the corner lot. The rest of the lots are 77 feet wide. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 8 Councilman Billings asked if the 77 foot widths were discussed with the Planning Commission at the public hearing. Mr. Dommer stated that was not an issue at the time. Staff indicated that 75 feet was the required width. After the public hearing staff stated that it did not meet the width requirement. Councilman Billings questioned if modifications can be made to the plat without a public hearing. Mr. Dommer stated that he felt this could be done with a preliminary plat before a final plat is approved. He would, however, like to address the two stipulations. Councilman Billings stated that depending on the outcome of the four feet strip, it may or may not be necessary to address these two stipulations. : Mr. Robert Hensley, attorney for Mr. Dommer, stated that he was retained by Mr. Dommer to review some of the legal issues in this case. The primary legal issue involves the four foot strip and to analyze the history of the strip to determine the legal property interests. A letter dated December l, 1997 was sent to the City. MOTION by Councilman Billings to receive the letter dated December 1, 1997 from Mr. Hensley Re: Philip Stephen Companies/ Approval of Preliminary Plat. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mr. Hensley stated that there were a number of discrepancies and unusual legal circumstances involving the plat that was approved in May, 1981. The actual signature blocl� for the plat shows that the owner of the property, the Peoples Church, dedicated that particular roadway that was Heather Place in May, 1981. At that time it was 50 feet wide. Council approved the plat at their May 18, 1981 City Council meeting. Councilman Billings asked if there is a quit claim deed that deeds the 50 feet to the City or the actual verbiage from the plat that addresses this 50 feet. Mr. Hensley stated that he was not aware of a quit claim deed. Only the easement is shown on the plat. Mr. Hensley stated that attachment 7(to his December 1 letter) shows Outlot B. Councilman Billings asked if that is what is actually on file with Anoka County. Mr. Hensley stated that he does not believe it was actually filed with Anoka County. He believes that the document filed had been altered after it was filed. There is no question that there were changes made. The outlot was not created as a platting process, but was part of the sanitary sewer project. That occurred in FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 9 August, 1981; however, everyone signed the plat and notarized it in May. Councilman Billings stated that this would probably have to be settled in court. He asked the City Attorney if Council has the discretion to pick and choose what is on file at the County. Mr. Knaak, City Attorney, stated not to his knowledge. Councilman Billings asked if Council must abide by what is on file at the County whether appropriate or inappropriately filed. Mr. Knaak stated that is correct. However, he said that Mr. Hens,ley has raised some interesting questions with respect to his review. Mr. Knaak did not know if anyone is in a position to factually contest it. The issue here is what is of legal record. It is not in the purview of the Council to make a judgment on what official record it wishes to choose. There is no justification for Council to choose some other basis for making a decision. However, there may be other forums where these issues may be addressed. The plat that is of record in Anoka County, whether modified, is the official plat that Council must rely on in making a decision. Mr. Hensley stated that from their standpoint, in addition to what was filed, the issue is what Council approved. The Council only approved a 50 foot wide easement between the church and Brickner's. The Council, at another meeting, apparently made some revisions which were after the plat was sworn to and after it was recorded. He believes there is a 50 foot wide easement available for use. Any subsequent action is void because Council never followed any procedure to change it. There are no actions by the Peoples Church to change it, and they owned the property at that time. There never was any variance to Brickner's to build a 46 foot roadway. It looks like everythinq happened later in another process. His client's position is that there is a 50 foot easement there that was never altered. What this creates for the City is a four foot issue. Councilman Billings stated that this is a title issue that needs to be resolved between the property owners. The petitioner has the option to pursue it. Council, however, is not in a position to pick and choose which document on file at the County they honor. MOTION by Councilman Billings to deny preliminary plat, P.S. #97-04, Heather Hills North, by The Philip Stephen Companies, to resubdivide the property generally located at 6217 Central Avenue for failing to meet the requirement of Section 211 of the Fridley Municipal Code, specifically: (1) failure to obtain the tentative approval of the Planning Commission (Fridley Municipal Code Section 211.04.2B(1)); (2) failure to meet the requirements for correctly specifying existing boundaries, including existing streets and rights-of-way, pursuant to Fridley Municipal Code Section 211.04C(1)(a) &(c); (3) failure to meet the requirements for correctly specifying lot widths, pursuant to Fridley Municipal Code Section 211.07.19; and (4) failure to establish legal access to FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 10 public roads and rights-of-way in the plat design. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. NEW BUSINESS: 13. RESOLUTION NO. 115-1997 DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1998 TO THE COUNTY OF ANOKA FOR COLLECTION: Mr. Pribyl, Finance Director, stated that this resolution serves two purposes in that it satisfies Section 7.02 of the City Charter which requires a public hearing be held when it appears the tax levy may be in excess of 16 mills and also certifies the 1998 tax levy to the County for collection. The impact of this levy would result in about an $18 increase on an average $90,000 home. MOTION by Councilman Barnette to adopt Resolution No. 115-1997. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 12. RESOLUTION NO. 116-1997 ADOPTING A BUDGET FOR THE FISCAL YEAR 1998: Mr. Pribyl, Finance Director, stated that Council held a public hearing on the 1998 budget on November 29, 1997. At that time, the budget was reviewed by the City Manager, and there were no unresolved issues and no need to continue the hearing. Mr. Pribyl stated that this resolution approves the 1998 budget. He reviewed the budgeted expenditures for the various funds. The total budget is $12,384,876 or a 7.4 percent decrease from the 1997 budget. MOTION by Councilwoman Bolkcom to adopt Resolution No. 116-1997. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 14. APPROVE THE 1998 AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE FRIDLEY COMMUNIGATIONS WORKSHOP (E.T.C. CHANNEL 33): MOTION by Councilman Barnette to approve the 1998 agreement between the City and the Fridley Communications Workshop (E.T.C. Channel 33), and authorize the appropriate officials to execute same. Seconded by Councilman Billings. Councilman Billings asked if this agreement allows for either party to terminate the contract. Mr. Burns stated that either party can terminate the contract with a ninety-day notice. Councilman Billings stated that he has concerns on the whole area of public access. He felt the cost to the Fridley subscriber was FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 11 more than the cost in other communities. He questioned if there was a way to provide service more economically. Councilman Billings stated that, originally, there was a board of directors dedicated to providing quality access to the cable system. It now appears the majority of the board of directors have a vested interest in the station. He was not sure the guidance is there to provide a quality station. It would appear that the board of directors is interested in maintaining the ability for programming what they wish and not programming in the best interests of the City. He was not pleased with the quality of programming appearing on E.T.C. Channel 33. He has received telephone calls from many people regarding the prbgramming. He felt that this needed to be addressed. It is especially important when the City is supporting the Values First program. Councilman well taken. ninety-day concerns. Barnette stated that Councilman Billings' comments are There is a provision to terminate the contract with a notice. It puts them on notice that there are some Councilwoman Bolkcom stated that sometimes the programming has not been the best. It does not seem to coincide with the City's Values First program. Councilman Billings felt there probably needed to be a task force to look at the models from other communities. He would like to see the first quarter of 1998 be a time frame to honestly evaluate the public educational and governmental aspect of our four channels to see if there is a more economical use and greater quality. UPON A VOICE VOTE TAI{EN ON THE ABOVE MOTION, Councilman Barnette, Councilwoman Bolkcom and Mayor Jorgenson voted in favor of the motion. Councilman Billings voted against the motion. Mayor Jorgenson declared the motion carried by a three to one vote. 15. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that he is proposing a holiday schedule for the City. There have been extended hours on Tuesday evenings, but because of the holiday, he is recommending that the Municipal Center hours for Tuesday, December 23 and December 30 be 8:00 a.m. to 5:00 p.m. The extended hours would resume after the first of the year. He also recommended that the Municipal Center be closed at 3:00 p.m. both on Christmas Eve and New Year's Eve. The Municipal Center will also be closed on December 26, the day after Christmas. If there were no objections, these hours would be publicized in Focus News. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 12 ADJOURNMENT: MOTION by Councilman Billings to adjourn 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 December 8, 1997 adjourned at 8:40 p.m. Respectfully submitted, Carole Haddad Nancy J. Jorgenson Secretary to the City Council Mayor TO: WILLIAM W. BURNS, CITY MANAGER�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES DATE: December 19, 1997 Attached is a resolution that will appoint Norwest Bank Minnesota N.A. as the City's official depository for 1998. We are incurring little cost for the service we are provided by Norwest Bank Minnesota N.A. At this time it does not seem to be beneficial to solicit for banking services, since our options are limited within the City. The service we receive is very good; Norwest Bank Minnesota N.A. has been responsive to our requests for information. In using Norwest Bank Minnesota N.A. we are able to invest idle cash on a daily basis with minimum cost to the City. We are able to determine daily needs and invest the balance in a money market account with Norwest and First Trust. If we were to change t11e provider for the banking services we would need to change the method in which we invest idle funds and the ease in which we make deposits. RDP/me Attachment 1.01 RE30LUTION NO. - 1998 RESOLUTION DE3IGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY I, Richard D. Pribyl, do� hereby certify that I am Finance Director- Treasurer of the City of Fridley, a corporation organized under the laws of the State of Minnesota. I further certify that at a meeting of said corporation duly and properly called and held on the 5th day of January, 1998, the following resolution was passed; that a quorum was present at said meeting; and that said resolution is set forth in the minutes of meetinq and has not been rescinded or modified. IT IS HEREBY RESOLVED, that Norwest Banks is hereby designated as a depository for the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts or other withdrawal orders issued aqainst the funds of this corporation on deposit with said bank shall be signed by two of the following: Richard D. Pribyl, Finance Director-Treasurer Susan K. Lemieux, Assistant Finance Director William W. Burns, City Manager and that said bank is hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that Norwest Banks as a designated depository of the corporation is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of two of the following: Richard D. Pribyl, Finance Director-Treasurer Susan K. Lemieux, Assistant Finance Director William W. Burns, City Manager and Norwest Banks shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with Norwest Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governinq the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. 1.02 0 Page 2-- Resolution No. - 1998 BE IT FURTHER RESOLVED, that any bank or savings and loan may be used as depositories for investment purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of two of the following named City employees are required for withdrawal of City investment funds from savings and loan associations: Richard D. Pribyl, Finance Director-Treasurer Susan K. Lemieux, Assistant Finance Director William W. Burns, City Manager BE IT FURTHER RESOLVED, that any brokerage firm may be used as a vendor for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. I further certify that the Council of this corporation has, and at the time of adoption of said resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named who have full power and lawful authority to exercise the same. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JANUARY, 1998. — NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK 1.03 RESOLUTION NO. - 1998 RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 1998 WHEREAS, the Charter of the City of Fridley requires in Section 12.01 thereof that the City Council annually designate an official newspaper for the City. NOW, THEREFORE, BE IT RESOLVED that the Focus News is designated the official legal newspaper for the City of Fridley for the year 1998 for all publications required to be published therein. BE IT FURTHER RESOLVED that the Minneapolis Star and Tribune be designated as the City of Fridley's second official newspaper for the year 1998. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JANUARY, 1998. NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK 2. �2 City of Fridley TO: William W. Burns, City Manager �� � � FROM: John G. Flora, Public Works Director DATE: January 5, 1998 SUBJECT: SRA Appointment PW98-003 The City continues to remain a member of the Suburban Rate Authority (SRA). Accordingly, we need to designate by resolution the City's representatives. For the last number of yeazs the Council has designated the Public Works Director and the Assistant Public Works Director as the representative and alternate representative to the SRA. The attached resolution formalizes the appointment in accordance with the SRA criteria. JGF:cz Attachment 3.0� RESOLUTION NO. - 1998 RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Fridley, Minn�:�c°;��:.� �� follows: WHEREAS, the Public Works Director, is hereby designated to se���<:� �-._. Director of the Suburban Rate Authority, and the Assistant Pub�J.* ��� .. Director is hereby designated to serve as Alternate Director of the 5���;�r���:YG.�� Rate Authority for the year 1998 and until their successors are appoir±��s:�. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS z:f�.:>'`��` �_,.,_.. JANUARY, 1998. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 3.02 _ __ NANCY J. JORGENSON - MAXC�E�, u TO: FROM: DATE: SUBJECT: City of Fridley William W. Burns, City Manager ��� John G. Flora rPublic Works Director January 5, 1998 Load Limit Designation Attached is a resolution establishing the spring load limits for the City streets. PW98-002 Annually we receive Council's approval to publish the load limits. This allows us to place the notice in the newspaper at an appropriate time based upon the spring thaw. Load limits stay in effect until the County informs us of them raising the limits on the County roads. To facilitate the notification process, recommend the City Council adopt the attached l,oad limit resolution for 1998. JGF:cz Attachment 4.01 Page 1 R$SOLIITION NO. - 1998 RSSOLUTION IMPOSING LOAD LIMITS ON PIIBLIC STRSETS AND HIGIi�PAYS IN TH$ CITY OF FRIDL$Y, MINNSSOTA B$ IT RESOLVED by the City Council of the City of Fridley as follows: A. That pursuant to Chapter 503, City Code of Fridley, Minnesota, 1978 that commencing on the 17th day of March, 1998, and continuing until the isth day of May, 1998, unless sooner terminated or thereafter continued, no vehicle shall be driven or operated upon any street or public highway in the City under jurisdiction of the City where the weight of such vehicle exceeds: 4 TON PLR A%L$ B. The above restriction shall not apply with respect to the following named streets or public highways, to-wit: �� Alden Way Ashton Avenue Ashton Avenue Ashton Avenue Able Street Alley East of Beech Street Arthur Street Arthur Street Baker Street Beech Street Benjamin Street Berne Road Bridgewater Drive Brookview Drive Camelot Lane Carrie Lane Cheri Lane Commerce Circle East Commerce Circle South Commerce Circle West Commerce Lane East Danube Road East Moore Lake Drive East River Road East River Rd. Serv. Dr. East River Rd. Serv. Dr. Elm Street Fillmore Street Fireside Drive Gardena Avenue Glacier Lane Hathaway Lane Hillwind Road Hickory Street Hickory Street 0 79th Avenue 52nd Avenue 52nd Way 79th Avenue West Moore Lake Drive 78th Avenue Camelot Lane North Danube Road 73rd Avenue 77th Avenue Gardena Avenue Windemere Drive Entire Length Mississippi Street Squire Drive Quincy Street 53rd Avenue 73rd Avenue Commerce Circle East Commerce Circle South 73rd Avenue Matterhorn Drive T.H. #65 Lafayette Street 51at Way 57th way 77th Avenue 53rd Avenue T.H. #65 Central Avenue Matterhorn Drive Hackma Matter��e 81st Avenue 78th Avenue � 76t'' way Industrial Blvd. Industrial Blvd. Ironton Street Mississippi Street 79th Avenue Mississippi Street 400 feet nbrth Osborne Road 81st Avenue Rice Creek Road East End Rice Creek Terrace Arthur Street Jacksoa Street Fillmore Street Commerce Circle South Commerce Circle West 73rd Avenue Osborne Road N. Innsbruck Dr. Central Avenue 37th Avenue N. to Cul-de-Sac N. of 57th Way 79th Avenue Cheri Lane Central Avenue East City Limits St. Moritz Drive 430 Ft East Regis Drive Central Avenue 600 feet north 79th Avenue Page 2 STREET Industrial Boulevard Jackson Street Kerry Lane Kristin Court Lake Pointe Drive Lynde Drive Main Street Main Street Matterhorn Drive Mississippi Street Monroe Street North Danube Road North Innsbruck Drive Osborne Road Osborne Way Polk Street Quincy Street Rainer Pass Ranchers Road Regis Drive Regis Lane Rice Creek Road Rice Creek Terrace Riverwood Drive St. Imier Drive St. Moritz Drive Stinson Boulevard Squire Drive Trollhagen Drive West Danube Road West Moore Lake Drive Windemere Drive 3rd Street 5th Street 7th Street 7th Street 7th Street 45th Avenue T.H. #47 E. Serv. Dr. T.H, #47 E. Serv. Dr. T.H. #47 E. Serv. Dr. T.H. #47 W. Serv. Dr. T.H. #47 W. Serv. Dr. 51st Way 52nd Way 53rd Avenue 53rd Avenue 53rd Way 57th Avenue 58th Avenue 61st Avenue 63rd Avenue 64th Avenue T.H. #65 E. Serv. Dr. T.H. #65 S. Serv. Dr. T.H. #65 E. Serv. Dr. T.H. #65 W. Serv. Dr: �. � � 51st way Carrie Lane Ben More Drive Stinson Boulevard 7th Street Hillwind Road Osborne Road 44th Avenue I-694 Crossing East River Road 63rd Avenue West Danube Road Matterhorn Drive Stinson Boulevard fiast River Road xackmann Avenue 57th Avenue Glacier Lane 77th Avenue Hathaway Lane Regis Drive Central Avenue 68th Avenue 71st Avenue Berne Road Trollhagen Drive Osborne Road Rice Creek Road Matterhorn Drive North Danube Road T;H. #65 (N.Moore Lake) Trollhagen Drive 49th Avenue 61st Avenue Madison Street 53rd Avenue 67th Avenue Main Street 53rd Avenue 400 LF So 57th Avenue 69th Avenue 73rd Avenue Mississippi Street E. River Road Ashton Avenue Main Street Matterhorn Drive E. River Road Ser. Dr. T.H. #47 Jackson Street Starlite Blvd. T.H. #47 Arthur Street 73rd Avenue Osbor 63rd ��h e Osborne Road � Ashton Avenue 58th Avenue Rice Creek Road through cul-de-sac West Moore Lake Drive Polk Street 83rd Avenue 61st Avenue Gardena Avenue Stinson Boulevard Rice Creek Terrace N. Innsbruck Drive East City Limits East River Road 75th Way Lynde Drive Carrie Lane South City Limits 81st Avenue Regis Lane Matterhorn Drive East City Limits Brookview Drive 712 Avenue South City Limits South City Limits 73rd Avenue Camelot Lane St. Imier Drive South Cul-de-sac T.H. #65 (S.Moore Lake) Trollhagen Drive 53rd Avenue Mississippi Street 900 feet south 67th Avenue 68th Avenue University Avenue N. Approx. 500� Mississippi Street 73rd Avenue 85th Avenue S. Approx. 800' Industrial Blvd. Industrial Boulevard T.H. #65 E Approx 300 ft Fillmore Street Industrial Boulevard Quincy.Street West Moore Lake Drive West Moore Lake Drive Monroe Street Old Central Avenue 72nd Avenue Fireside Drive South End South 800' Page 3 STREET T.H. #65 W. Serv. Dr 67th Avenue 68th Avenue 69th Avenue 71st Avenue 712 Way 72nd Avenue 73rd Avenue 73rd Avenue 7.6th Way 77th Avenue • 78th Avenue 79th Avenue 81st Avenue 83rd Avenue is. ��� 73rd Avenue Monroe Street Brookview Drive Central Avenue T.H. #47 200' west of Alden Cr T.H. #65 Central Avenue Commerce Lane Alden Way East River Road E. Burlington No. R/W E. Burlington No. R/W Hickory Street Main Street � South End Jefferson Str�E:3 Monroe Street East City Limiia€ City Garage to cul-de-sac Ceatral Avenue Stinson Boulevex � ;°_ Central Avenue East to cul-d�- ::�. Ranchers Road Main Street T.H. #47 T.H. #47 T.H. #47 and the weight limit with respect to such streets an� �� l��,; :_x°,���.a 9 TON P8R A%LB C. Notice of these restrictions shall be published with r.��a, =c; � .. each of such streets and highways and when so publi�:�?� a,. .1x� restrictions shall be in full force and effect; all as xt� �„�u�,���s� thereof, under Chapter 503, City Code of Fridley, Ni�.r��}����.�:��<}y 1978. D. A vehicle in excess of such limits may be operated or dri���r �1.���ar� a street or published highway in the City without viol<�s� �,fP��.� za� law when the same is done under Special Permit thereof ��� �Y�.�x. �.x� accordance with the provisions of Minnesota Statutes Se�� �:' ����`7 which are adopted and made a part hereof by reference the :�ad�~° �s if fully incorporated herein. E. That school bus operators are given special permit t��� ��=����d with normal operation on their regularly established ro��::- �.nd at regularly established hours, said permits to be issu��� �s� ?�l�e Public Works Director. PASSED AND ADOPTSD BY THE CITY COUNCIL OF TH$ CITY OF FRIDLES� '; � t• ��ii DAY OF JANIIARY, 1998. ATTEST: WILLIAM A. CHAMPA, CITY CLERK NANCY J. JORGENSON, MAYOR 4.04 � _. � i_.. _ ._. , -. �.. �i�_ i � 'ti "_- .- __ _'_ - ` -. �_ - -. .. , '., . _ _'_I AI A '1rr .. { i +' � _ �" _ 1 '_ ' � ' �. ' ��� _�. . . � �I:�' _.._ �._ , �._�__ • . •� `\ ...1 ��:� _�:• �,1;..��,��`;i, '>' Ilii ._ . I 1 � I ����.-_ �'•'..._s� _ _ �,- '__. ._ _ _ _ �;v'i.. � _— f ,, ---- — . L �� � , � �--E�, _1��� �� �� _ � `. _ j�� �;, � r! � -- i� �� � � � -� __ �_..-,��..� � . � � �j - r-- .�'��-- • \ ��� �� � \ __:; _ � � _ -_ _.,` � _ — -- e \ � " � > -- _ � � : : _: .- :. .�.. - - v a \ . ' �. � , � :� ... ..� . �:: ..�;:i� t . � � ' y � \� ' j �.. ............ � � S��iN ... .:, _ — ` y.. ..�.�...... . ' . • it ,,.,, . r..+ 1 ��E�t -•.e . -' � c . . 1 .. "" . 1 � . . ' -sr ... _. _...__�� - �.. _ _. _. _ . �y�''b c _ _ i - ' -- _�_ ' = � _ ° i � � � �� ` � �r - _-� -= �� - � �`�j P ��., �, � _ �� � - _ �� � � � ���� � ` � -- --- t - - r----- ' C� : �. t ,.: _ : ; . Z i � I� :o-.�'I i ' — ' F'•1 _ �a � � am;_._ ......:, I � , �'� _ �- �,'=. —::»:•.:;] �i � :v - � �I�C� ��i� � =C __�:���:�. . -. ;�: � . >� � Q�- , -!'� -�, � . ,r�. , `� �•4 I �_� -- '"_ � � ' ��� - --_ _� J� .._._ � o 8 � .''•ii?'„�^ > _ ,:.. �Q�'�: �4�_ �/ ��: � ''�' '?' ''�� .L-j'�,r ��"� I __ � �, ''„��' :' ,' � • �1 _ I —. � . ' _ > > _ � • b� ��� �'.i L�a' • ��, �'�� � � . " ••I�V�. - `r t' . .i:��. �.Li :t'� aa /--� I' � ,o � �. \�1�+,�:E'�� �"°�' � i �.c 1.3' �� ' �1= � ':; �,-x, •r,. . - v� � �� `•``..c .��.,;. ,. 3 . . ai — �S VI'• ! �.'—T- �� �'��` V •�,. � �r��'��� L!t/ � � I��'�j!c � - ' ._.J;� ����-- �J •'.:,� � —�.-. .._ --- � \Q;:k��--�-- ��I� �� �,i— ::a,� ;; �;' ,i�'��I�i . J /-y�p.�� O � ,�) �GU L.� V �(�� �IiI:'�t�r 1- �� •����� C'� ( �;"' I ��t'1:1!�:i :�� -- _ � :`�!;:�':�" �- _— — _ iJr � 7 aoG�� l ��� ��• j�,� ...ry,. i �� �V • �' �vF•��i� . - i� F�' • `:�� � 1 '�Gt�i� � I •al A i �� % �.eFint - :I:: � .tifr'.ir i'Y L��E °j �.��. ° '�• ' -- -'.:?�.:`�=`� J E/ �'� . � ���/ _° __ f I�' j _:1 ��'?:?-. y0�� :�' �`„ - ::::�: _ E '�; . —• .. - W W - ::,�-< �• .; /� ` :�:.,: :; .:��:q __ _ oa ��- , .. �� n /• ,;�L��a �� a� , �• ��' _ - �-�'Sr •�`�,l '� � '� �'� �V:�i rJ��� ._ � V . ::� � �'.4:.! / :�{— '_' . � _��' _ �i�1.,"i�=•i! � / oy� ,'' -- - �`�I5 ; �__;_:: f — i : =_ . . ?:, �. / _ ! 1.�,c�� .1� > �I � ,; '• __ � ! i ' - �:`� �:- �� i. �`� � � - — _ — � � ' � —� • 'r ��� ,.,� _- . ;� - _ �� — •� �i� : �� � � — , � — _ � _ ...a.. -�—__ . ...f. ._. .— —�: << _ ; � ; � _ . ..n.....,..... ,. ! , . - _ _ _ ___ ___ : �.,.a„ ..�. ► .� � _ _ ��_ =- � �:_: � __ _ _ � _ . �_ — : � •;c , ..__ , _ �=-: :.' —_ __- - __. .... �=– . :�, \ . � r`_tiv. x " = __ . -- = - �Q :�, --- — ;� �-, �� - = _ .. ==: .. �: . __: .. __ - :; :, _ _ IT]li� �, :-_- :: _= - - - -- _-_ �d � -- �, �, -cJ �=._.. ;; -_. .. __ _ _ _ = =– � ��. �� e ' �I =- ;�`� �=:-. _ _ - = _: = =_ ___ –=-.�.._.-- � o _ �,.� � - _ �i-� .;i, ; .. -_ _ _ _ - _=_. . _ = .� ,, �� -- - -..: ... _. _._ � _.: .. - - ��� � iI '� ., � CITY OF FRIDLEY PLANNING COI�IISSION MEETING, DECEMBER 3, 1997 CALL TO ORDER: Chairperson Savage called the December 3, 1997 Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig, Larry Kuechle Members Absent: None Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Anthony Segale, U. S. West Communications Richard & Candice Weispfenning, 1310 - 69th Avenue NE, Fridley . . . � • � • • ��: : . . �_�l►� � • ���t _ • � �t �,11� _ � NLOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the November 19, 1997, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE D,ECLARED THE MOTION CARRIED UNANIMOUSLY. 1, pTTRT,T� FHF'.ARTNC�� C'nTTSTnFRATTOTT nF A ZONING TEST AMENDMENT. ZTA #97-04. BY THE CITY OF FRIDLEY: To amend Appendix A of Section 205.29 of the Fridley Zoning Code, to designate seven sites as "Approved Sites" for telecommunication towers or antennas on existing buildings. The following properties are currently being considered for wireless communication facilities: • Onan Corporation (Tract C, Registered Land Survey No. 114, subject to easements of record.) • All Temp Storage (Lot 1, Auditor's Subdivision No. 78, together with that part of Lot 2 of said Auditor's Subdivision, lying southerly of I-694, except that part of said lots lying southwesterly of the following described line: Commencing at the southeast corner of the South 660 feet of the West 300 feet of said Lot 1, thence westerly along the south line of said Lot 1, 60.30 feet to the point of beginning, thence northwesterly to a point on the north line of said South 660 feet of the West 300 feet, 154.54 feet west of the northeast corner thereof, thence west along the 5.01 PLANNING CONIl�ISSION MEETING, DECEI�ER 3, 1997 PAGE 2 said north line to a point 101.35 feet east of the northwest corner of the said South 660 feet of the West 300 feet, thence northwesterly to a point on the west line of said Lot 2, 710.40 feet northerly of said northwest corner (as measured along the west line of said Lot 1 and 2), and there terminating, subject to easements of record.) Agro-K (East 1/2 of the Northeast 1/4 of the Southeast 1/4 of ,Section 3, Township 30, Range 24, except the South 805 feet thereof.) • FMC Water Tower (Auditor's Subdivision No. 79, being parts of Lots 7 and 8.) • Parson's Electric (North 1/2 of Lot 5, as measured along the east and west lines thereof, and the South 200 feet of the East 363 feet of Lot 6, as measured along the east and south lines thereof, all in Auditor's Subdivision No. 78, Anoka County, Minnesota, subject to easements.) • City-owned property lying between the Burlington Northern Railroad and Hickory Street, immediately south of Springbrook Nature Center (The Northerly 135 feet of that part of the Southwest 1/4 of the Northeast 1/4 lying east of Burlington Northern Railroad right-of- way, subject to easements of record.) City-owned right-of-way south of I-694 and adjacent to Lot 30, Block 10, Hamilton Addition to Mechanicsville. MOT by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Mr. Hickok stated, in 1996, the Federal government passed an act which means that communities throughout the nation will now be seeing telecommunications equipment, towers and facilities installed in their communities. In the City of Fridley for the last year we have had a moratorium to study where it is we want those towers and analyzing the number of towers and sites that would be necessary. We now have an ordinance that will help to regulate the performance standards, bring forth the expectations of the City as telecommunications equipment and facilities are installed, and help with the deployment of the equipment. For those in the telecommunications industry, sites have been selected 5.02 PLANNING COl�lISSION MEETING, DECFI��ER 3, 1997 PAGE 3 and will be open for their installations. Mr. Hickok stated, as the ordinance was passed, seven sites were indicated, including Community Park, the recycling center, the water tower near Highway 65, Edgewater Park, the water tower at Commons Park, well house #13 at 51st and East River Road, and the water tower off Matterhorn Drive. In addition, we have existing facilities off Alden Way on the St. Paul Waterworks surge tower along the Mississippi River, on the McGlynn's tower, and south of I-694 between Aramark and Wick's Furniture. Mr. Hickok stated the tower you might expect to see on these selected sites could be a monopole structure with equipment installed on that monopole. These monopoles are engineered to withstand winds in excess of 100 miles an hour, to be co-location facilities, and to provide for additional arrays of equipment. In some cases, equipment needs to be located in a small building which is located at the base of the structure. Mr. Hickok stated, as the consultant and staff analyzed this further from a technical and legal perspective, it was made clear that we should look for further deployment beyond the original seven sites. The additional sites include Onan Corporation at Central Avenue and 73rd Avenue, All Temp Storage at Main Street south of I-694, Agro-K at Main Street and 81st Avenue, FMC south of I-694 on East River Road, Parson's Electric on Main Street south of 61st Avenue, city-owned property at the south�est corner of Springbrook Nature Center, and city-owned property south of I- 694 between Sth and 6th Streets. Mr. Hickok stated the Parks and Reereation Commission discussed the Springbrook Nature Center option and tabled it for further discussion. He understands that Jack Kirk, Director of Recreation and Natural Resources, did ask for opinions to get a sense as to whether or not that site would be an appropriate site. An informal consensus of the Parks and Recreation Commission was that this would not be an appropriate site. The Parks and Recreation Commission will discuss this at their January meeting. Mr. Hickok stated staff is asking for a recommendation from the Planning Commission to amend Appendix A to include six of the seven additional sites, eliminating the Springbrook Nature Center site. This item will then go to the City.Council on January 5 for its first reading, and for a second reading on January 26. Mr. Kondrick stated the Parks and Recreation Commission decided to table this item because they needed more information. They were against the tower because of visual concerns. In addition, there is a site on 81st and Main Street (Agro-K) which is very close so they questioned the need for another site in that immediate area. 5.03 PL�NNING CON�IISSION MEETING, DEC�ER 3, 1997 PAGE 4 In addition, they questioned why a facility could not be placed on the NSP towers that are already there. They did not know the consequences of doing that. They did not want a tower on park property. Ms. Savage stated it appears that staff has recommended this site be eliminated. There are currently seven sites that have been approved and staff is saying it is necessary to have seven additional sites of which we are considering six. Will six sites be sufficient? Mr. Hickok stated the technology is changing. The industry is moving towards microcell technology as opposed to the larger scale macro technology. As we move forward and see the industry changing, we will move beyond the 13 sites to a smaller scale, different looking structures or facilities than what we are seeing today. For this phase and in order to meet the deployment needs of the industry, 13 sites are deemed necessary. We do have 13 without the Springbrook site. Ms. Savage asked if staff had received any additional responses from any of the site owners since the staff report was written. Mr. Hickok stated Mr. Nelson, Onan, was interested in the discussion although he did not know a lot about the industry or what it meant for their site. One of his concerns was the land under the guidewires and that land being unusable. Mr., Hickok explained to him that the City is looking at the monopole which minimizes the land area of a site. Mr. Nelson attended the City Council meeting to understand more about the industry. At the time of that meeting, Mr. Nelson was uncertain as to whether the corporation was in favor or opposed. Mr. Hickok stated Mr. Holman, All Temp Storage, wrote to let staff know that he had no objection and that he hoped they would be approved so they could negotiate with telecommunications carriers. Mr. Hickok stated staff did not receive a response from Agro-K. Mr. Hickok stated Mr. Van Keuren stated the FMC water tower is U.S. Navy property and would take review by the appropriate officials. The paperwork has been forwarded to those officials, and city staff is waiting to hear on that site. Mr. Hickok stated staff received no response from Parson's Electric. Mr. Hickok stated the city-owned site at Springbrook Nature Center was discussed and this site is recommended to eliminated from consideration. 5.04 P7�NNING COI�lISSION MEETING, DEC�ER 3, 1997 PAGE 5 Mr. Hickok stated Ms. Skarrie, owner of an apartment complex south of the city-owned parcel between Sth and 6th Streets, questioned the aesthetic impact. She is interested in approaching the City about a subdivision at a later time for a piece of the southern edge of this property to allow the appropriate setback for an existing garage. If Ms. Skarrie's request does come in and because this is considered as a telecommunications site, the City would seek to have equipment installed so that, in the event the Planning Commission or City Council felt it appropriate to separate that small piece of property, it could be done while still allowing that telecommunication facility. Mr. Sielaff asked why they should approve those sites which the owners have not responded. Mr. Hickok stated the ordinance itself is an overlay zone for the City. Those properties were involved at the time this overlay was created. We are looking at a deployment service to the community, and it impacts these sites. This is their opportunity to come forward. The owners were duly notified. Mr. Sielaff asked if no response means the owners have given up their right to object. Mr. Hickok stated, if the two owners not responding are not present and the ordinance passes, the next thing to hap�en on the private sites would be private party discussion about location, building design, etc. With their site being identified, it narrows the search area for the industry representatives. That means they can approach these owners about their site. Mr. Sielaff asked, if these sites are approved, can the owners object to it later. Mr. Oquist stated the owners have had an opportunity. They were notified and there was na response. Mr. Kuechle stated, if the owner decides they do not want a tower on their site, they still have the right to say no to the industry. Mr. Hickok stated he would presume there will be some negotiations between the owners and the industry. Mr. Saba asked if this was a good faith effort by the City to provide an overlay for sites. Mr. Hickok stated this was correct. 5.05 PLANNING CON�IISSION MEETING, DECII�ER 3, 1997 PAGE 6 Ms. Savage asked if this ends up being a contract that has to be signed by the City and the property owner. Mr. Hickok stated there is a contract between the vendor and the owner. The contract is very much like a special use permit with its own set of stipulations with performance standards and characteristics for the site. Mr. Sielaff asked why the City came out with six additional sites. Mr. Hickok stated staff was originally looking at co-location and thought seven sites were appropriate. Staff wanted to make certain we had deployment or coverage of the City. If asked whether we had been reasonable in our expectations, we would be able to respond yes. With only City-owned sites, our legal advisor said we may be setting ourselves up for a lot of criticism and debate. With a mix of public and private sites available, it helps with deployment and heads off a later argument. Mr. Hickok stated the ordinance talks about special use permit opportunities in the industrial districts for sites that are not currently designated. The Planning Commission may see requests coming forward. Staff has tried to determine ahead of time how much is necessary in terms of land area and site locations. We also believe it is helpful to the industry because it is easier for them as well. Mr. Sielaff asked if it is anticipated that this is the last time they would amend the ordinance as far as specific locations. Mr. Hickok stated, with technology changes and more but smaller sites, he thought the Commission would be revisiting this item again. Ms. Modig asked, if we get a response for example from FMC that indicates they do not want to be considered, would that eliminate them from the sites and would we then have to designate another site. Mr. Hickok stated what may then happen is that well house #13 may be designed to carry additional facilities in order to provide coverage for that area. Ms. Modig asked if the contract for these private sites is between the carriers and the property owners. Mr. Hickok stated yes. The performance standards of the City would apply to those contracts. Mr. Sielaff asked if surrounding cities had ordinances. 5.os PLANNING COl�lISSION MEETING, DECII��ER 3, 1997 PAGE 7 Mr. Hickok stated many surrounding cammunities have moratoriums. Coon Rapids has permitted towers because towers were not clearly prohibited, nor described in their ordinance. Hilltop is in a moratorium. New Brighton is looking at an ordinance. Mr. Sielaff asked if they were informed about the ordinance for the City of Fridley. One of the issues is the placement of the towers near the boundaries which can affect Fridley. Is that taken into account? Mr. Hickok stated staff have been in toueh with staff in other communities and share the same concerns about visual impacts, etc. Unfortunately, we do not have a regional approach. It would have been better to do it that way, but this is being done independently. Each City is defining their own parameters. Mr. Weispfenning stated he came for information on what the proposed ordinance is like and he had two concerns. First, on the Onan site, is there language in the ordinance that would have some limiting power by the City in dealings between telecommunication companies and the property owners for things like height, density, placement of the towers, etc.? The Onan site has several acres and he has not heard there is the possibility of uses such as that. He does not want Onan to become an "antenna farm". Some discussion had occurred regarding using the transmission towers of NSP. He understood there was a representative from U.S,. West here and asked their knowledge of using existing towers and supports for wireless communications. Mr. Hickok stated he would send Mr. Weispfenning a copy of the ordinance. The ordinance regulates the height, location, characteristics about the installation, etc. In putting together the ordinance, staff worked to try to create a set of standards that would make the visual impact minimal to adjacent properties. Maximum height in 125 feet. Onan expressed concerns about guidewires. In this case, we are talking about a monopole which minimizes the impact and the land area used. Mr. Weispfenning asked if technology was used for placement of the towers. Is one tower capable of being shared in order to minimize the number of structures and still provide coverage? Is it possible to have more than one standard on a site? Mr. Hickok stated co-location or more than one user on a pole does occur. The idea is that these sites will be used to their fullest potential to provide coverage for the industry but to avoid an "antenna farm". The technology is here to consolidate uses. As far as having the technology know-how, we did not have the full capability to analyze this. The City hired the best consultant in 5.07 PLANNING COI�Il�lISSION MEETING, DEC�ER 3, 1997 PAGE 8 the industry to analyze the issues and to make sure we are being realistic in our locations and numbers. Ms. Savage asked if there would be more than one tower on a site. Mr. Hickok stated that is possible. Each site has its own difficulties. There are physical things that make it necessary to put the structures together and to make them as invisible as possible. They must be near power, placed where they do not interfere with traffic circulation or become a detriment to existing vegetation. Onan, for example, has a large area and one might assume there is room for many towers. However, when you consider the parking needs, the existing building footprint, and small ancillary generator uses, etc., there is not a lot of room left for these things to happen. Mr. Oquist stated we have identified 13 sites, and this does not guarantee there will be a tower on every site. We are trying to be proactive and identify the sites where we want towers placed. Without identified sites, vendors can negotiate and place towers anywhere. Federal law also says we have to make this available. There is the possibility of putting more than one tower on a site. Ideally, there would be one tower which would be shared. There is no guarantee of that either. We are trying to be proactive to identify sites but we don't have a lot of say about how it will be done. He have tried to get as much control over what happens in our community regarding these towers as we are allowed.' He thought this was a good ordinance for that reason. Mr. Weispfenning stated he had not heard what the status is for the Onan property and the fact that they excavated for contaminated soil. Is that site a prime location for a tower? Mr. Hickok stated he would say no. He thought this would be the least likely location because of the distance from power and the soil conditions. This area has been far too disturbed. The soil conditions need to be very good to hold the tower upright. Mr. Hickok stated, from the original seven site perspective, staff looked at the ability to have the land area for the structure to make them work, to be reasonable in our expectations and to separate uses. We do not have a lot of sites that have that land area ability and characteristics that they were looking at. Mr. Segale stated he has worked with staff and the consultant over the last year. He complimented them on their due diligence. Regarding Parson's Electric, U.S. West has had some contact with them, and they have shown an interest. As far as their no response to staff, it may just be an oversight. They have looked in the area and, as you may know, they are in the process of 5.08 PLANNING COl�lISSION MEETING, DECII��ER 3, 1997 _ PAGE 9 building their service now. The two locations U.S. West is looking at is Parson's Electric and the water tower. Mr. Segale stated, regarding the transmission facilities, U.S. West along with other carriers have a master use agreement that allows them to go on the transmission facilities. U.S. West has written an individual agreement that says we can go on their facilities in the metropolitan area. He believed there were 15 locations where they may be placing antenna. When you are up there, you barely see the antenna and base equipment. We have been in moratorium for a considerable amount of time. Staff has done an excellent job. There is room in the future to look at some of those transmission facilities. They do not fit the need of U.S. West today. In the future, he would encourage existing structures like NSP's to be considered. Mr. Kuechle asked, with the current technology, what kind of spacing is required. Mr. Segale stated this depends on the density of population and traffic flow. U.S. West is looking at a little different strategy than phone carriers. They are looking at it as also residential service. For the area of Fridley, they are looking at approximately 1 to 1.5 miles apart. In the country, the spacing may be 5 miles apart. Mr. Kuechle asked if Mr. Segale saw this as staying the same for PCS. Mr. Segale stated U.S. West is now providing PCS technology. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:14 P.M. Ms. Savage stated she thought it was clear that six sites are being considered. The seventh site at Springbrook Nature Center is being eliminated from consideration. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend approval of a Zoning Text Amendment, ZTA #97-04, by the City of Fridley, to amend Appendix A of Section 205.29 of the Fridley Zoning Code, to designate six sites as "Approved Sites" for telecommunication towers or antennas on existing buildings. The following properties are currently being considered for wireless communication facilities: • Onan Corporation (Tract C, Registered Land Survey No. 5.09 PLANNING CO1�Il�lISSION MEETING, DECII�ER 3, 1997 P�.';:�': �� 114, subject to easements of record.) • All Temp Storage (Lot l, Auditor' s Subdivision No o'��;:'. ; together with that part of Lot 2 of said Auditor'� Subdivision, lying southerly of I-694, except th�t pari of said lots lying southwesterly of the following described line: Commencing at the southeast corner of the South 660 feet of the West 300 feet of said Lot l, thence westerl�r along the south line of said Lot 1, 60.30 feet to the point of beginning, thence northwesterly to a point on the north line of sa�.d South 660 feet of the West 300 feet, 154.54 feet �vest of the northeast corner thereof, thence west alor�g the said north line to a point 101.35 feet east of the northwest corner of the said South 660 feet of the Wes�: 300 feet, thence northwesterly to a point on the west line of said Lot 2, 710.40 feet northerly of said northwest corner (as measured along the west line of said Lot 1 and 2), and there terminating, subject to easements of record.) • Agro-K (East 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 30, Range 24, except the South 805 feet thereof.) • FMC Water Tower (Auditor's Subdivision No. 79, being parts of Lots 7 and 8.) ' • Parson's Electric (North 1/2 of Lot 5, as measured along the east and west lines thereof, and the South 200 feet of the East 363 feet of Lot 6, as measured along the east and south lines thereof, all in Auditor's Subdivision No. 78, Anoka County, Minnesota, subject to easements.) • City-owned right-of-way south of I-694 and adjacent to Lot 30, Block 10, Hamilton Addition to Mechanicszrille. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ....• •;••� � �• TI by Ms. Modig, seconded by Mr. Saba, to approve the 1998 meeting dates as follows: , January 7 July 1 January 21 July 15 February 4 August 5 February 18 August 19 5.10 PLANNING CONIl�IISSION MEETING, DECII�ER 3, 1997 PAGE 11 March 4 March 18 April 1 April 15 May 6 May 20 June 3 June 17 September 2 September 16 October 7 October 21 November 4 November 18 December 2 December 16 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGis DECLARED THE MOTION CARRIED UNANIMOUSLY. • ; �l Mr. Hickok stated Ms. McPherson has accepted a position as city planner with the City of South St. Paul. Her last day with the City of Fridley is December 5. The Planning Commission commended Ms. McPherson for her years of service with the City and with the Planning Commission, and wished her well in her new position. � � • �� ���I MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARLD THE MOTION CARRIED AND THE DECEMBER 3, 1997, PLANNING COI�IISSION MEETING ADJOURNED AT 8:20 P.M. Respectfully submitted, `.,_�� l ;l,U Lavonn Cooper Recording Secretary 5.11 �f=-r =�_. ( °CG �_:� r . ...._ _ _. � CITY OF FRIDLEY � SIGN-IN SHEET PLANNING COMMISSION MEETING December 3, 1997 � � Name and Address � Agenda Item o� ��� � ����>>� � ��� �' (�- �3/� �rf��,� %� q S U'. �.�.�1- ( vt ' j i.� j3'(�(, �-- / �% `,2 �,0�'1�? �.r'�l'�e f�'% t r S ' �-!„9 �� 0 � CITY OF FRIDLEY PLANNING COI�SISSION MEETING, DECEt��ER 17, 1997 CALL TO ORDER: Chairperson Savage called the December 17, 1997, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Diane Savage, Dean Saba, Brad Sielaff, Connie Modig, Larry Kuechle Members Absent: Dave Kondrick, LeRoy Oquist Others Present: Scott Hickok, Planning Coordinator Jerold Bahls, 7514 Alden Way Al Stahlberg, 9055 Riverview Terrace Deb Strand, 590 Hugo Street Cindy Ruschy, 584 Janesville Councilmember Bolkcom David Berry, 6965 Hickory Lane Scott Janssen, 1121 79th Avenue NE, #1 Jan & Jim Bromenschenkel, 175 Logan Pkwy. NE Clayton Hicks, 106 Hartman Circle Dick Kemper, 7857 Alden APPROVAL OF DECEMBER 3, 1997, PLANNING COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Mr. Sielaff, to approve the December 3, 1997, Planning Commission minutes as written. UPON A VOICE VOTE, AI,L VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARFtIED UNANIMOUSLY. 1. COMPREHENSIVE PLANNING AREA MEETING: AREA #7 Ms. Savage stated the purpose of the meeting is to solicit comments about the future of the city. The city is beginning a process to update its comprehensive plan. This meeting is one of six meetings which the Planning Commission is conducting to get residents' ideas about the future. It is not the purpose of the meeting to discuss individual problems or issues which you may now have with the city. Rather, the Planning Commission encourages residents to provide comments about the city's future and what goals you think the city should pursue. Mr. Hickok stated the meeting is for planning area #7. This is the last of the planning area meetings to gather information from the public about what they wish to see in the future for Fridley in an effort to aid staff as they prepare amendments to the comprehensive plan. The comprehensive plan is a document that s.o1 PLANNING COl�lISSION MEETING, DECII��ER 17 , 1997 `��.� `��_ f' guides the city in making decisions in the areas of develo�}��.� _ redevelopment, preservation, utilities, transportation, pax-';:„ etc. The document itself is in need of updating. Mr. Hickok stated, in 1976, the Minnesota legislature pas�e��� ��;e� Metropolitan Land Planning Act. As part of that, the city prepared its first comprehensive plan. At that time, they j=<a>;:�= projecting into the 1990's. It is now time to move beyond i� :•. projections and set some new projections for the future. �t� ��z important as staff undergoes this process to take in commer�;����: �� �;��,�t residents. Some comments have been received through surve���: ��:.t� i:}� were mailed to residents. Mr. Hickok stated planning area #7 is located west of East R��.-<� Road to the Mississippi River, north of Rice Creek, and e�i::��r7;-� ; north to the city boundary. 1,144 surveys were mailed to residents in this planning area on November 24 and 67 surv��,� �:�.:; returned for a return rate of 5. 8 0. Most respondents have k���F�:c� residents in the city between 11 and 40 years. Most respo�ic�f���� were between the ages of 40 and 60. Responses were groupec� �i;���� the categories of parks, city services, property upkeep, amenities, city government, taxes, people, access/ locatior�� traffic/speed, safety, land uses, image, schools, cleanlines� �� streets, and snow removal. Generally, respondents were ve��f satisfied with the parks, amenities, people and access/loca��-:���z�o Less favorable responses were noted in the areas of propert� upkeep, traffic/ speed, and land uses. , Mr. Hickok stated staff is now gathering data. As they mo�i� forward and talk about transportation, utilities and land us� �.:u_r_ the future, this information will help act as a guide when �� .s' ,: ; decisions about modifications to the comprehensive plan. '�1� :�j the last of the neighborhood meetings. The Planning Commi:=� and the public will have the opportunity to review and comxr+c-.:r� i:: further on the suggested amendments to the comprehensive pl,��. in the upcoming months. Residents who have not completed sur�t�,.��-. are encouraged to contact city staff to present their commentso Mr. Bromenschenkel stated he sells real estate and works in <:_n:«= area. When he brings people to Fridley, their big concer�.:? >.he number of trains. They have noticed an increase in the noa�.°s �Ie was wondering if anyone else has ever complained about tha�... Ms. Savage stated she thought the noise of the trains had b�:�::�� , noted in the surveys. Mr. Bromenschenkel asked if there were more trains now. T��.�:_. '���ave lived in their home for 10 years, and it seems as though t���., are more trains. They blow the whistles in the middle of the �-�:� :,;,��. o Is there is any way of finding out what the traffic patter�a �";' s.oz PLANNING COI�lISSION MEETING, DECEr�ER 17, 1997 PAGE 3 Mr. Hickok stated staff can follow up on that. In the early 1970's, there were changes made to the switching yards which enable the railroad to switch cars and other things. Over time, that industry has grown. His guess is that there has been an increase in the number of trains and cars. The city has received a number of comments. As these calls come in, they are provided with the Federal safety standards so they understand why the whistles are blown at these distances and why they continue to blow them for a time. We have had questions as to whether the city can control this. The city cannot. The city is pre-empted by the Federal government regulations. We can make comments to them about that. Ms. Savage asked what citizens can do when they have concerns about the trains. Mr. Hickok suggested citizens call Burlington Northern. If someone has a general question about the Federal regulations, they can contact Mr. Hickok who will provide information about enforcement. Mr. Hickok will try to get the name of a contact person at Burlington Northern and residents can contact him for the name of that person. Ms. Ruschy stated she had a conversation with a Burlington Northern employee at an October safety program. At that time, he said there were at least 50 trains that go through there a day. The whistles are louder in the winter because there are no leaves on the trees and the air is denser. The whistles are louder because they built new homes where there once was a wild area and they installed hills to protect the homes from the railroad tracks. When the hills were put in there, the whistles got louder. Ms. Ruschy stated she has several concerns. She feels at times that in this portion of Fridley they are forgotten when it comes to dealing with street signs, crime watch signs, etc. She feels they are forgotten there because they are not specifically in the area. They cannot have the neighborhood values signs there because they are not in the Fridley school district. Her wish is that there would be more cooperation between having the children who live in this area going to the Fridley schools. In a way, they don't belong anywhere. The Coon Rapids district is very large. Fridley High School, she did not believe, was filled to capacity. Something might be considered where an arrangement could be made for the children to go Fridley schools with busing made available. Ms. Ruschy stated she has another concern about their neighborhood enforcement officer. She was called with a question concerning a f.03 PLANNING CON�ISSION MEETING, DECII��ER 17, 1997 PAGE 4 specific incident from two weeks ago, and he never returned her call. When she did reach him, he said there was no record of an incident on her block, but three neighbors saw it and approached her about it. She called him, and he stated there was no record of the police being at this address on her street. The neighbors however saw three police cars there. If the neighborhood officer could not tell her because this was of a seeret nature or something, she could have accepted that explanation but he stated there was no record. She called several days later and asked the police department why they were there. At this time, the women she spoke with gave her all the information that she needed to know. The neighborhood enforcement officer has the responsibility of communicating with the neighborhood, and it does make her feel comfortable with what has been happening. Ms. Ruschy stated she knows that officers volunteer for specific areas. She does not know if the officer was ill and could not � call back. She stated she would like to know, and he stated he would get back to her and he did not call. She feels that they are discounting their concerns about the neighborhood and being a neighborhood watch person. Her neighbors had a question about what was happening and asked her to find out for them. Ms. Ruschy stated she enjoys living in Fridley and looks forward to the changes that will be taking place in the comprehensive plan. She has concerns about the construction and delay in traffic on East River Road. She would like to hear more about how that is going affect their daily lives, when it is starting, and how that will happen. Mr. Hickok asked Ms. Ruschy to clarify her comments about the signs. Ms. Ruschy stated her one concern wa� the crime watch signs. They have never had one. Mr. Hickok stated he will provide information on how to obtain a crime watch sign, and he will pass along the information regarding the neighborhood incident to the police department. Mr. Hickok reviewed the comments received from the surveys. Ms. Savage stated comments about dark streets and the lack of street lights have been received from a number of areas. In a neighborhood in Minneapolis, they added ornamental lights and, at the same time, crime had gone down. She thought that is something the city could work on. Ms. Modig stated there was at one time a ban on gas lights in the individual yards. She asked if that was still in effect. s.o4 PLANNING COI�Il�IISSION MEETING, DECII��ER 17, 1997 PAGE 5 Mr. Hickok stated he did not know and that he would follow up on that. Ms. Modig stated this information could be included in the newsletter. She would be interested to know whether residents could have an ornamental gas light and, if not, an electrical light instead. There are areas where these ornamental lights would be nice to have. Mr. Hicks stated, regarding the crime watch sign, there is a way to get a crime watch sign.. It is a matter of getting the people in the neighborhood together and getting the sign. It can be done but it takes some commitment. Mr. Hicks stated, regarding the railroad tracks, Hartman Circle is a death trap in the morning and evening getting in and out of there. There have been some accidents but someday there is going to be a bad one. The traffic moves fast on East River Road. When you pull out of Hartman Circle whether going north or south, there is a wall. You cannot see far enough back to get out their safely. He tells people they live on the wrong side of the tracks in Fridley. Because of the railroad, you cannot get through there. He has had days where he has been across there four times and was stopped three times at the same crossing. It seems there should be some limit that the railroad can block these crossings. This seems like a safety problem for emergencies. Frequently, traffic is blocked for a long time. Another concern is that there are many motorists who ignore stop signs and no turn on red. There are any number of times that your life is in danger trying to enter a street. Ms. Strand stated she organized the Riverview Heights area before becoming a block captain. They did meet and asked for a sign for a year. At that time, Bonnie Haffa had asked for a sign but they never did receive it. They have had several block meetings and they gather several times a year for block parties so they should be able to get a sign. Ms. Strand stated their park was greatly improved in the last year but they find some unwanted things going on there such as the destruction of property. The children do not want to go there anymore because the teenagers harass them out of there. That is a big concern in the neighborhood. They have several houses that seem to be attracting problems. This has been addressed but she does not know what is happening. When officials are called, they are not receiving calls back with information. Ms. Strand stated the streets are pretty good. She would like to find a way to lower the speed limit by the park to 20 miles per 6.05 PLANNING CONIl�IISSION MEETING, DECFI��ER 17, 1997 �{y:�, �:= hour like they do around the schools. Regarding city gove.t;.�.�;. she is pleased with many of their activities. The city he:1.��< out a lot during the storms and cleaning up brush. Last y�:��:,~; they helped her also. As far as the people, friendly Fridl��:Y ���.�� earned its name . She does feel isolated in this neighbonc�>� �. -;�� � that, in order for them to be heard, they have to make a b.i- stink. This is not right because they are still a part of Fridley. She expressed appreciation for letting the resid�:��. ����-- a part of this process. Mr. Stahlberg stated someone had mentioned property upkeep� �,. his neighborhood, the big one is junk cars. He has called talked with people. Throughout the city, there are proble�r�:� ����: his neighborhood has a few real doozies. He does not feel �"�..t the city is doing what they should on that. Also, externa'.. remodelling projects get started and some go on forever. Supposedly there is a State code that says you cannot for�cL: .:�.f<� to finish it. His idea is a performance bond. It is grea� ���: F>::,�; people wanting to improve their properties but, if it is a:�_': finished project for a long period of time - one, two, eve�� ��.�< years - there is no excuse for that . He did not know if th�� r ��.±�:.. any law against a performance bond to encourage people to �:.��,�:� projects in a timely manner. Mr. Stahlberg stated they had talked about parks. In some c�:� �:he parks, they have put in some nice colorful playground equip��r;���. The park at 79th Way on the Mississippi River gets very•li��,:'.c- use. There are a few times in the summer when they see a:i:t�,h, people throwing a baseball around or shooting baskets. He : ��:1t know if they were planning to increase these gymnastic sets f�» the parks. He thought they should monitor the parks to se� '_ much use there is and how many younger kids are there to �`�� equipment. You would have to go through the schools to fi�1� �:«� out. Mr. Stahlberg stated there was a comment about people runn:�..:,. �.;� lights. There is no standard to the length of a yellow li<;5�: : Some of them are ridiculously short. If you look at the �.§.: intersections like University Avenue and Highway 65 at Missz.��a��>.�i or Osborne, you cannot speed up. If you happen to be in ��jc> intersection at the yellow, the light is sometimes red by �.,�� 2��� you get through the intersection. When there are semi tr�a��:;; going through, you cannot stop a semi like a car. He tho�c�� it has to do with the County or State but there are no standa��:� length to the yellow l�ghts and he thought that should be �. Mr. Stahlberg stated, at Springbrook on 85th, the speed 1i.7.3� 50 mph. This is a commercial area. You have people pulli.6.? ` and out of the theater, the shopping area, the industrial L��:. across from Springbrook, etc. That speed should be 35 to �!,.� s.os PLANNING COI�SISSION MEETING, DECII��ER 17, 1997 PAGE 7 especially in the spring when the road starts to roll. At 50 mph near the railroad tracks, you nearly become airborne. He thought this should be addressed. Mr. Stahlberg stated his first issue is the junk cars and houses that are not being kept up. That is the first thing that gets a neighborhood going downhill. In his neighborhood, there have been vacant lots for sale for 5-6 years and no one buys them. He is assuming they are standard lots. No one wants them because they are so close to these junk yards. The vacant lots on Glencoe where the city took out houses were nearly given away at $3,000 per lot when anywhere else in the city they are going for $20,000 or more, especially that close to the river. The city buys the property, knocks down the houses, and then gives the lot away for $3,000. If you would run that through a realty company, you could get more money than that. He thought the city was losing money that way. Ms. Savage stated the issue of junk cars is a concern in many areas. Mr. Hickok stated that junk cars were not overlooked in the survey. The city has had over 280 cases this year on junk cars alone. Of those, 188 cars were placarded where the owner is given 5 days to get the vehicle operational, stored or off the property. Out of the 188 vehicles that were placarded, less than 1°s were towed. The city has a code enforcement officer that re�sponds to these types of issues. The 280 junk cars is only one of the issues. The city has a systematic process, and the goal is inspect the entire city to eliminate junk vehicles and to eliminate the need for residents to call about neighbors. Staff will continue to work on that until the junk vehicles are cleaned up. While part of the city has been done, we have not yet been to this specific neighborhood with the systematic process. He can say, however, that many of the vehicles that were towed were from this neighborhood. Mr. Hickok stated a building permit is alive for 120 days. The process is structured to allow people to work on their own home. It is difficult from an enforcement standpoint to know if trim has been put on, detail work done inside, etc., to keep a building permit alive. He did not have a response to the suggestion of a performance bond. The city is guided by the State and Uniform Building Code. Mr. Hickok stated, regarding the vacant lots, the city has a housing replacement program. He thought one has to look beyond the cost of the lot.� If the city turns around a lot that they have purchased, the idea is to get a home of greater value back on it within a given period of time. There are stipulations involved �.�� PLANNING CON�IISSION MEETING, DECII�ER 17, 1997 PAGE 8 when buying a lot. The buyer must agree to put a home on it within a certain period of time, the home must be of a certain value, and the city must approve the design. It is more of a partnership to get a home back on the lot, creating some tax value, and getting a reinvestment in the neighborhood. (nihile the price of the lot may look cheap, we have a number of lots available and have little interest from realtors or others to buy them. Mr. Sielaff asked if the building permit needed to be displayed. Mr. Hickok stated yes. The permit must be seen from the street. Mr. Sielaff asked if there was a expiration date. Mr. Hickok stated the project is kept alive as long as the resident continues to work on it. If they were to stop working on a project and let it sit for 120 days, their permit would become ineligible and they would need to get another permit. Ms. Strand stated she had a permit and her time was within a year. She put in new windows and new siding. When the year was up, the inspector called to inspect the house. But she has seen some houses which have displayed the building permits for 2 or 3 years. She thought these people should be called. Mr. Hickok stated the inspectors do call. If they have not heard from a property owner or have seen activity from the street, they will call to make sure the project is moving forward. Mr. Ruschy asked when the city would begin the systematic code enforcement in their area. She is specifically interested in how three houses are kept up on Janesville. She calls once in a while, and it seems that nothing is happening. One house is vacant. The city was going to buy it but the owner then decided to fix it up. It is stilZ sitting there. One is owned by an elderly couple who now live somewhere else. This seems to be a place where crime happens. What can the city do about those houses or to communicate with the residents about what is happening with them in the process? Mr. Hickok stated the city has an inventory of vacant homes which they keep and which is coordinated with the utility billers. They check with the code enforcement staff. If there is suspicion of criminal activity, that is coordinated with the police department. It is possible when someone calls in that they may talk to the housing coordinator who may be talking with the owners about a possible purchase, to the code enforcement officer if their is a code issue about property conditions, or to the law enforcement officials if there is criminal activity. In the scattered site • f. • PI�ANNING COI�lISSION MEETING, DEC�ER 17, 1997 PAGE 9 housing program, we do not purchase property unless there is dangerous property that is harmful to the health, safety and welfare of the neighborhood. It is a negotiated purchase between the city as a buyer and the owner. One of the homes mentioned on Janesville was one that the city was interested in purchasing. The owner however decided to keep it and make some improvements. Mr. Hicks stated there are over 300 block watch captains in Fridley. He wondered if there could be cooperation between the block captains and the police department regarding vacant homes? Mr. Hickok stated this seems like a good suggestion. While he cannot speak for the police department, staff are interested in getting any help possible on abandoned properties. Mr. Bromenschenkel stated, when talking about houses being improved, would there be any merit to the City of Fridley before property is sold having a code compliance inspection to bring the property up to code before selling. Mr. Hickok stated, in 1997, they did an extensive evaluation of a point of sale ordinance that would require an inspection and to bring properties up to code. They found that this is an information only process in communities that now do this. Other communities have a hazardous condition correction process where the person selling the property is responsible to make improvements. This did not address the issues which tYie speakers are talking about. The things you see from the street may require a housing maintenance program. Mr. Sielaff stated he is hearing that the truth in housing which is information only does not make any difference as to whether the house is improved by a buyer. � . Mr. Hickok stated the truth in housing is a disclosure document that is information only. The point of sale ordinance investigated by staff on paper may appear to be the way to get some of the code enforcement issues taken care of, but staff found that this is an information only mechanism as well. To take it a step further, you would need to have inspectors on staff separate from building code inspectors which would be a considerable investment for what they were finding. They did some sample inspections just to see how the point of sale ordinance would impact owners. There were few things revealed. Many issues found predated the code requirements. Mr. Sielaff asked if the inspections required to b� sure the improvements had been made was not worth the cost to do that. Mr. Hickok stated, if you are really revealing hazardous f.09 PLANNING COI�IISSION MEETING, DECII��ER 17, 1997 PAGE 10 conditions, that is a wonderful thing. To truly be an enforcement, you would have to a staff of inspectors, an unbiased inspection by a third party, and another inspector to make sure the work is done. We do not have the staff. From what was found in the sample inspections, there weren't the type of conditions you might expect through this process. The majority of the items predated the code. A housing maintenance code would address those visible things that people are more concerned about. Mr. Sielaff asked if there was any benefit to have the disclosure of information. Mr. Bromenschenkel stated Minneapolis has truth in housing which is an awareness of what the house does or does not have. The City of New Hope requires the homeowner pay a fee up front to have the inspection. If there are code compliance problems, the owner has to have them repaired before they can actually close. He can see in one respect what they are looking at. Going through this is expensive. HUD now requires a buyer to either accept a third party coming out and paying for the inspection or having a team of inspectors go out, do the inspection and submit a report. Perhaps that would offset some of that. It would help in code compliance. He thought the truth in housing was a joke. It is an awareness. The truth in housing does nothing for the buyer. Ms. Bolkcom stated her house was inspected when the city was considering the point of sale ordinance. The issues that came up were things like the traps in the back flow preventers. When they looked an ordinance, they wondered what they could do to help fix up homes and encourage people to maintain them? Most of the inspections were not getting at that issue. There is a difference between a house being sold and a house that has people living in it for years. They are still looking at other options for maintaining homes. They were in favor of an ordinance, but after having the inspections done and not finding any obvious issues, they did not proceed. Mr. Hicks stated, �egarding the truth in housing, his family sold a house in Ramsey County a few years ago. In order to sell, some issues had to be resolved in the City of St. Paul. They had to pay someone to come in and inspect, make out a report, and get the permits for which they paid a fee. The City of St. Paul stated tl-� work would be inspected but no inspection was ever done. They did the work and the house of eventually sold, but there was no follow up by the St. Paul inspectors. Ms. Strand stated her home would probably never pass an inspection. When she bought the home, the air exchanger was held together with duct tape. When the home was inspected before the sale, it passed. The realtor stated it depended on the inspector. s.10 PLANNING COI�iISSION MEETING, DECII��ER 17, 1997 _ PAGE 11 Ms. Strand stated the neighborhood officers have gone to 12-hour days and perhaps the contact officer does not work as often as they used to. She was wondering if going back to 8-hour days would provide more contact with the officers on a more regular. basis. 2. PUBLIC HEARING: CONSIDERATION OF A VACATION REQUEST, SAV #97-02, BY TODD BACHMAN OF BACHMAN'S, INC.: To vacate a drainage and utility easement located adjacent to the south lot line of Lot 2, Block 2, Caba Realty First Addition, generally located at 8200 University Avenue N.E. MOTION by Mr. Kuechle, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HF�ARING OPEN AT 8:50 P.M. Mr. Hickok stated the petitioner had a conflict and was unable to attend the meeting. Mr. Hickok stated the request is by Bachman's, Inc., for a retail facility. The city recently completed a rezoning for the C-2 parcel and a plat along with Sam's Club to create an individual lot for the 25,000 square foot retail facility. Construction of the facility is now underway and soil correction is being done. In the process of doing the title work, a survey revealed a residual easement running through the parcel in a east/west fashion. Bachman's is asking for that easement to be vacated. In exchange, they have agreed to dedicate an new easement along the northerly property line. The adjacent property has a five-foot easement which would be matched by Bachman's to provide a ten-foot easement. Ten feet is the amount of space required to the City to access the area in order to do repairs. The new easement would still lead to the storm pond shared by Sam's Club and Bachman's. Mr. Hickok stated staff has reviewed the vacation request and recommends approval with the following stipulations: 1. The petitioner shall dedicate a 190 foot long by five foot wide easement along the northwest lot line of Lot 2, Block l, Walton 2nd Addition. The easement document shall be prepared by the petitioner and submitted to the City by January 23, 1998. The petitioner shall record the easement within 30 days of City Council approval. 2. The easterly 550 feet of the easement shall be vacated in order to keep a continuous easement along the north lot line of Lot 2. s.1� PLANNING CO1�Il�lISSION MEETING, DECEP�ER 17, 1997 ,�,�;?:: �,_: Ms. Savage asked if the petitioner agreed with the stipul�.i � Mr. Hickok stated yes. MOTION by Ms. Modig, seconded by Mr. Saba, to close the pu��;.:: hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECI��� �;� '� ���'. MOTION C.ARRIED AND THE PUBLIC HEARING CLOSED AT 8:53 P.M. MOTION by Ms. Modig, seconded by Mr. Saba, to recommend ap�>� •::���:��:1. of Vacation Request, SAV #97-02, by Todd Bachman of Bachmar�s��� Inc ., to vacate a drainage and utility easement located ac�� 4=� � F:; �? to the south lot line of Lot 2, Block 2, Caba Realty First_ Addition, generally located at 8200 University Avenue N.EE.,. �-a.i.. the following stipulations: 1. The petitioner shall dedicate a 190 foot long by fiv� �`.`�;;,f:��:. wide easement along the northwest lot line of Lot 2, ?�.' �;:i; ±. Walton 2nd Addition. The easement document shall be 1?�c r��f °;1 by the petitioner and submitted to the City by Janua���.-:_ 1998. The petitioner shall record the easement with�� >f'� days of City Council approval. 2. The easterly 550 feet of the easement shall be vacat�c� s.r� order to keep a continuous easement along the north �����. �,:r�� „_�� of Lot 2. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DEC��� ���s. MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISe�_�•�:t:`ti MEETING OF NOVEMBER 3, 1997 MOTION by Mr. Saba, seconded by Mr.Kuechle, to receive th� �: of the Parks & Recreation Commission meeting of November `�, "�f".- UPON A VOICE VOTE , ALL VOTING AYE , CHAIRPERSON SAVAGE DECI�ak�� �� �:`f nz� MOTION C,AFtRIED UNANIMOUSLY . 4. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETII�C� ; NOVEMBER 12, 1997 �� MOTION by Mr. Kuechle, seconded by Mr. Sielaff, to receiv�:: minutes of the Appeals Commission meeting of November 12, "; UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DEC��%,' MOTION CARRIED UNANIMOUSLY. 6.12 PLANNING CON�IISSION MEETING, DECII�ffiER 17, 1997 PAGE 13 5. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF NOVEMBER 13, 1997 MOTION by Ms. Modig, seconded by Mr. Saba, to receive the minutes of the Housing & Redevelopment Authority meeting of November 13, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CAAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Hickok provided an update on items coming before the City Council. ADJOURNMENT MOTION by Mr. Kuechle, seconded by Mr. Saba, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CAAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE DECII��ER 17, 1997, PLANNING COI�lISSION MEETING ADJOURNED AT 8:57 P.M. Respectfully submitted, Lavonn Cooper Recording Secretary s.13 � CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: Todd Bachman of Bachman's Inc. requests that the City approve a vacation of the five foot drainage and utility easement on Lot 2, Block 1, Walton 2"d Addition. The vacation of this easement will allow a nursery and garden center to be constructed on this lot. The store itself will be 25,000 square feet and will be located at 8200 University Avenue N.E. A plat, rezoning, and special use permit were recently approved for this project. SUMMARY OF ISSUES: A 5' x 555' easement currently exists through the middle of the property where the Bachman's store is to be constructed. In a discussion with the Public Works department, a determination was made that there are no utilities in the easement to be vacated, and therefore this easement can be vacated. Staff recommends, however, that the petitioner dedicate a 190 foot long by five foot wide easement along the lot line just west of the easement to be vacated. By dedicating this easement, there will be a continuous five foot easement along the entire north lot line of Lot 2. The 190 foot easement will connect to an existing five foot easement which runs along the remaining portion of the north lot line of Lot 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended that the City Council approve this vacation request, SAV #97-02, with finro stipulations: 1. The petitioner shall dedicate a 190 foot long by five foot wide easement along the northwest lot line of Lot 2, Block 1, Walton 2"d Addition. The easement document shall be prepared by the petitioner and submitted to the City by January 23, 1998. The petitioner shall record the easement within 30 days of City Council approval. 2. Only the easterly 550 feet of the easement shall be vacated. RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission's recommendation and approve this vacation request. 7.01 Project Summary SAV #97-02, by Bachman's Inc. Page 2 PROJECT DETAILS Petition For: Vacation of a five foot drainage and utility easeme��t.. Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: 81St and University Avenues Lot 2, Block 1, Walton 2"d Addition 6.86 acres Flat Sod, trees, shrubs C-3, General Shopping Center District Connected; University Avenue West Service Roa� � 815t Avenue, University Avenue West Service Roa� University Avenue bikeway Jon Haukaas has prepared a brief inemo for inclu��F-�.:. in this staff report The zoning and Comprehensive Plan are currentl� consistent in this area. To be taken. ��� Project Summary SAV #97-02, by Bachman's inc. Page 3 ADJACENT SITES: WEST: Zoning: M-2, Heavy Industrial Land Use: • � EAST: V•- Zoning: M-2, Heavy industrial Zoning: Spring Lake Park; commercial Zoning: M-2, Heavy Industrial & C-2. General Business Site Planning Issues: ftEQUEST: Trucking terminal Land Use: Mixed industrial, multi-tenant Land Use: Commercial multi- � tenant Land Use: Office/warehouse multi-tenant assembly Todd Bachman of Bachman's Inc. requests that the City approve a vacation of the five foot drainage and utility easement on Lot 2, Block 1, Walton 2"d Addition. The vacation of this easement will allow a nursery and garden center to be constructed on this lot. The store itself will be 25,000 square feet and will be located at 8200 University Avenue N.E. , A plat, rezoning, and special use permit were recently approved for this project. SITE DESCRIPTION/HISTORY• The subject property is located north of Sam's Club at 81 �` and University Avenues. The property is currently vacant, and the petitioner is proposing to construct a 25,000 square foot masonry retail facility with an additional 7,000 square feet of greenhouse space and 66,000 square feet of outdoor sales and storage area. During the closing for the Bachman's project, it was discovered that a 5' x 555' utility and drainage easement exists on what had been a former lot line from the underlying plat. Through the Walton Addition replat process, much of what had been Caba Realty 1 St Addition now has become Lots 2 and 3, Walton 2"d Addition. Unfortunately in this case, the utility and drainage easement did not automatically become vacated once the new plat was approved. The easement must instead be officially vacated. 7.03 Project Summary SAV #97-02, by Bachman's Inc. Page 4 In addition, staff recommends that the petitioner dedicate a 190 foot long by five foot wide easement along the lot line just west of the easement to be vacated. By dedicating this easement, there will be a continuous five foot easement along the entire north lot line of Lot 2. The 190 foot easement will connect to an existing five foot easement which runs along the remaining portion of the north lot line of Lot 2. There are no utilities in the easement to be vacated. PLANNING COMMISSION RECOMMENDATION• The Planning Commission recommended that the City Council approve this vacation request, SAV #97-02, with two stipulations: 1. The petitioner shall dedicate a 190 foot long by five foot wide easement along the northwest lot line of Lot 2, Block 1, Walton 2"d Addition. The easement document shall be prepared by the petitioner and submitted to the City by January 23, 1998, The petitioner shall record the easement within 30 days of City Council approval. 2. Only the easterly 550 feet of the easement shall be vacated. RFrOMMENDATION: Staff recommends that the City Council concur with the Planning Commission. 7.04 R$SOLIITION NO. - 1998 A RBSOLIITION APPROVING A VACATION, SAV #97-02, GENERALLY LOCATBD AT 8200 IINIYERSITY AVENIIE N.$. WHEREAS, the Planning Commission held a public hearing on the vacation, SAV #97-02, on December 17, 1997 and recommended approval to vacate: The South 5.00 feet of Lot 2, Block 2, Caba Realty First Addition, Anoka County, Minnesota, except the West 5.00 feet of said Lot 2. WHEREAS, the City Council at their , 1998 meeting approved the vacation request at the same meeting, with stipulations attached as Exhibit A. WHEREAS, the vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Chapter 205 of the Fridley City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the vacation, SAV #97-02, and authorizes the City Clerk to amend Appendix C of the City Code. PASS}3D AND ADOPTI3D BY TH$ CITY COIINCIL OF TH$ CITY OF FRIDLi3Y THIS DAY OF , 1998. ATTEST: WILLIAM A. CHAMPA - CITY CLERK �.O � NANCY J. JORGENSON - MAYOR Page 2- Resolution No. - 1998 1. The petitioner shall dedicate a 190 foot long by five foot wide easement along the northwest lot line of Lot 2, Block 1, Walton 2nd Addition. The easement document shall be prepared by the petitioner and submitted to the City by January 23, 1998. The petitioner shall record the easement within 30 days of City Gouncil approval. 2. Only the easterly 550 feet of the easement shall be vacated. 7.os � R3 83 A�E PE 87 AVE DE 81 AVE PE 81 PNE PE � Zoning Designations: � R 1 - One Family lkrts R 2- Tvw Family lkuts 0 R 3- General Multiple Urits R-4 - Mobile Horrie Parks � PUD - Plamed Urit Deuelo�xr�errt � s, -►-���� �z - �� a� o a, - �� �,�;� G2 - Gener-al Business � G3 - Ger�al Shopping � GR1- General Office � M-1 - �gM Industrial 0 fv4�2 - �y Industrial � fuF3 - Outdoor Intensive Fleavy Ind. � RR - Raf�roeds � P - PuWic Facilities � wAr� � RIGHT-OF-WAY � � � Vacation Re uest SAV 97-02 A request by Todd Bachman, to vacate a drainage and utility easement located along the south lot line of Lot 2, Block 2, a�,Realty . . �f .�� �irst Add.�t�on. � r.,..� ', � �_ , .., . ..r..... . . .._ -- ---- �. _. —, .., . ..��.. ........_._ —.-__ _.� _ _ .. .._. . � , � r- � 00 ;o / � `� � � ; �� `: � �_c�l _�N _ l£8Z6 'ON '�00 213d 1N3w35d3 A . � ` r- -�- — — -- — — / `. -- �- --�-�-�. o=-� --- - ----__.. . . _.._....--- -. �..- - --- � N Z -, � . � ., -, ,. � , . � -, . .. - ' � ^ � •-1 /1 I !i 1 1 .�i 11 /1 !� -i ` � � / _ I - � J � 1 1 \ J \ J � J ♦ � 1 i 1 \ J � J � i ��� . i � �OQOO� � � � �� — 3�,ii,s L.iON— — — 3Nn 3rroH � �`� ,��5• 6� / , ��� o� � i� ," � ,`'�j1 � ',��' �� ��j�� �`L�° �;,,_- � p' ,�'10,' ',' / �/ � : j J \ � %�, � r � � � � i � � � �� � Q w � � � �' �� ��< % � � .��� � / w Z (7 J ? 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S t iivM �rarrnt� 8 Ia3sodo � 3„LZ,OO.00N � N � o Z a � o Q a a . .. . �\ � V \ ,, � � � �, aZ CITY OF FRlDL�Y 6431 UNlVERSITY AVENUE FRIDLEY, MN 55432 (612} 571-3450 CQMMUNITY DEVELQPM�NT bEPARTMENT APPLlCATION FOR: Vacation of Street, Alley or Easement �RMATION: - s'rie plan required for submittal, see attacned Address: oo � � e �� E; ' le �1 N 5�� ' Property identification Number. l,t� N ��� Lega! Description: Lot �. Bfock �_ Tr'ac�//Addition a Current Zo�ing: _��_ Square footdge/aoteage: Lega) Description of Street, AIley or Easement ta be V ' -� -�`� - --- I _ n_� !7 .1 n. ► Reasvn for Vacation: Have you operated a business in a city which required a business license? Yes No � tf Yes, which cit� If Yes� what type of business? Was that license ever denied or revoked? Yes No , �..,��.,��......��,.,.,.��.,. �.�.,.�..r.r. ......,...�..�....� FEE OWN�R INFdRMATtON (as it appears on the prop�rty tiUe) (Contract purchasers: Fee owners m' �sst sign this form pMOr to processing) NAME: (�a� �� �t ma� �'t-tD i2TL' o LL.0 . ADL7RESS: (oot0 L��;t�.i� �Que e r's DAYriM� PHONE: _��1-7��/4� SIGNATUR�IDA E- � /Y�MSir�r�r� _� "'— -wrw+MM�e�rtitiMVAwVtiw+wlM/ti/ti+rM�rtirv�rti�rNti �4�M NAME: ' ADQRESS: Ioo lC DAYTlME PHONE: �� -5561-7� � U SIGNATURE/DA �Mw+r+rtir �r'rrr��4ti+r��vti�tiwrr�rw.w��yyyti4w�r�vti�nwernr w�rw.r�.rw�wrwrw+�rnrw�wr�rwrwrnrnrw.w'/yw/MMti/r/�/ti FEE$ . �ee: $250.00 Applicatiar► Numb f-r�`' Receipt #: �5 Received By: Scheduled Planning Commission Date: ��2-�-[�- i�, �Hg� Scheduled City Council Date:, ,I�,.�Ja-�; �; ����� 10 Day Application Complete Notification Date: 60 D�y Date: 9��Z0'd LScZ tiLS ZZ9 7.09 J,3�Q I �� �0 Jll I � ZO:LS L66S-LZ-f10N � �b �x o� �� � 0 � � 0 �� H � A A � � � � � s � ' a �! $ ( � � ����' [ � � ��� � s�� �� � �� ���g��E��� �;� �� �� �s( �� ��3� ��� �� ��� �f� �� � 8. ?�E����i"�� �� :�t��e�� �s� �� lE'i $', �= 3 � y#�6�i'��i� E � � ���i8;� . � � �I � �+�� �� ���; ��� � o � � ���������_� � �' � �_ ;�s � � _ �� ���� � i � � � ��i�'�� �i� � �a� � �e� ,��s ��� �� ��;. � � � � � � � ��� _::�;� �� � � � � � �. �� � �s � � 1� s �t � #� �y•,,�� e t � I< � � j � ����t f��� s�� i[ 1`i �� �$ � � � ��t��Eia�2 �� � � ��� � �t�����! � 111N7AY Alll713AINfl a � � I � �� � ��i � � � �� A --- � �) __ '0 M A t N M 1 1 N 71 N fl y 1 7 1 � 1 f �� —I— — � �;�._. �-_� — � I j•�/.� : . 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S — — — — ? — — — — — — _ — R ...____... � ( � I 7.10 � �a �� � a� �� �z o� x � e� � �� � �� ��� ��� �, .� ��� �'� �� � � �� �9�s� � �$ � • e $q �� s o �$ � �� X , —_�.._. � ,; -' "�� � � •-- � • � � �� �y' � � 1 : '� �' • �� ' / / o� I O� w� � ; ���0' ^�` op N � ::�;� / ' �j �%� ��' N �- � ! v Q' // t\ N--- v �p / , N _ =_ -', ..- . .. _; \�`� V � � � / �� �, .� .. �� V� r' ; r� .; �` . �-- ;-- .-. ._, � � J � � N � M i� � � d- rn � Z �� `� 1 y;. N �,,1 � L O � � / Z� W Z t � W a � � Q W W � �� .` �' W a ,% � a 1 �� �� °z� I <� a � a' J J �m 3 l o c�i oc� � oi � �� ��� � ♦ o a� N Z d Y o� � a a �'" �' M % E °' GI � L � 00 N %r� -- -- ' � �� el E . � — — W . W- - a - � — — •- �W I ' — — W �Yr, . � — — Q O / . � � y = � a � Q � Y F � /I � � � � a _ ��l/ a � - <� I% - W - - Q, - �� - m - ? � - - am _ o�, � � - _ c �— � Cc ~ N Z W �, G � W N - = a ��� � W = — 3Nil N�d813S JNiQllflB - � Il_ �� ' � � J Q I � t � � n � ^ �� W� ��' � < �� � <� ,... . � �Q , Z� W V � O M . F.. c� o z .'_` _ � � 0 a�� � ..y� � �:. � aZ. 3„L Z,00.00 N a3sodoad oz � o 0 �m a � = O ... _. YQ � � 3 — —t�8'89l — — � � �a N � �d 3.,� �,gZ.00s , � � a � W � Z �I o � s • � • ;w I � W & °a � � � MI I W Q a � , �; � C/� W - ; -- �I Q ._. ��, rWm ._. .� -_� I `I � i �� �- - 7.11 i � .-._ M,.ZS,7.�.00N MEMORANDUM DEVELOPMENT DIRECTOR DATE: December 17, 1997 TO: William Burns, City Manager �'t'�3'` FROM: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator SUBJECT: Establish Public Hearing for 1998 CDBG Program Every year the City Council is required to conduct a public hearing to review the projects which will be funded under the Community Development Block Grant (CDBG) program. This year applications are due at Anoka County by February 13, 1998. In previous years, the Council's practice has been to conduct the public hearing first and then approve the actual application at a following meeting. Becaus� the priorities for funding already have been established along with the specific agencies to be funded, it seems appropriate to approve the application the same evening as the public hearing. Attached is the CDBG budget for 1998 along with the public service agencies which were funded last year. Unless otherwise directed, staff will prepare the application following last year's funding formula. We also plan to submit an application for the Project Priority Fund to supplement the housing rehab program. The details for this new fund have not been worked out yet by the County. We will keep you updated on this issue and come back to the Council for further discussion at a future meeting. Recommendation Staff recommends that the City Council establish a public hearing for January 26, 1998 to review the 1998 CDBG application. After the public hearing is closed, it is also proposed that the Council approve the application on January 26, 1998. G F/ M-97-510 8.01 CDBG Funding Allocation County's Administrative Charge Net Available Public Services ACCAP Senior Outreach Senior Home Companion Program Fridley Recreation and Natural Resources Alexandra House SACA Prop Change Change 1998 1997 i n$ i n%* $128,177 $147,848 $(19,671) $ 1,000 $ 1,000 $ - $127,177 $146,848 $(19,671) -13% $ 8,500 $ 8,500 $ $ 4,000 $ 4,000 $ $ 4,000 $ 4,000 $ $ 3,000 $ 3,000 $ $ 2,500 $ 2,500 $ $ 22,000 $ 22,000 $ - 0% Housing Rehab Program $105,177 $124,848 $(19,671) Notes: *- Budget reduction will only affect housing rehab program. 0 1-5-98 Council Memo Attachment ��� -16% Source: Anoka County 1998 REVISED DISTRIBUTION OF CDBG FUNDING (Based on 1997 funding amounts) Grant Amount Priority Project Fund 10% of grant County portion (Admin, Rehab, Economic Development) Cities Area I Blaine Columbia Hts. � . Fridley Anoka Coon Rapids Area 11 East Bethel Lino Lakes Spring Lake Park Andove� Ham Lake Area III Ramsey Oak Grove Linwood Circie Pines Burns Columbus Area IV Hilltop Lexington Bethel St Francis Centerville $1,868,000 186,800 In 1998, priorities are housing rehab, senior housing, MHOP(Hollman) related activities. 464,000 156,353 196,809 128,177 143,123 243,440 37,661 31,878 25,781 47,178 35,137 28,713 25,277 15,741 8,817 9,153 17,019 11,140 17,930 7,088 24,271 6,498 8.03 u Rules for P�iori Projgct Fund 1. Each year the Anoka County HRA will determine the priorities. 2. Applications must be for at least $50,000. 3. An application form will be developed by the Anoka County HRA to save time for cities. 4. Applicants not funded will be looked upon favo�ably the next year. 5. Starting with the second year, the priority project fund will increase each year by 5% of the grant amount after the deduction of 10% and the County portion. 6. Remaining or unallocated city funds go into the next year fund. Rules for ci allocations of grant 1. Public service funding will remain the same as befo�e. Public services can be 15% of the total County grant amount. � 2. Each project done must be a# least 25% of the allocation and at least $10,000. 3. Program income generated by the cities will be retumed to the city for their use. 4. No reallocations will be allowed. All remaining funds will go into the Priority Project Fund. ' � i • MEMORANDUM DEVELOPMENT DIRECTUR DATE: December 18, 1997 TO: William Burns, City Manager�"�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Approve 1998 Development Review Schedules for Planning Commission, Appeals Commission, and City Council Actions Staff has prepared the Development Review Schedules for Planning Commission, Appeals Commission, and City Council actions. Each review schedule indicates the application deadline, the ten day completion notification deadline, the Commission meeting date, the City Council meeting date, and the 60 day agency action date. The Planning Commission schedule also indicates the publication deadline for preparation of notices for publication in the Focus News. The Appeals Commission public hearing notices are not required to be published in the Focus News. . �� �, � Staff recommends that the City Council approve the attached Development Review Schedules for Planning Commission, Appeals Commission, and City Council actions. SH/dw M-97-520 9.01 _ � � _ _�_� � 1 � ' � � ; 1 �- -- � ' �_ _ � � _ �_ _ � _� � 1 �_ _ _ � � ' :_� � � 1 ���-� - � � _ �l� I► � J� _ _ _ � � City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. Application Deadline: December 5, 1997 Ten Day Completion Notification: December 15, 1997 Publication Deadline: December 16, 1997 Planning Commission Meeting: January 7, 1998 City Council Meeting: January 26, 1998 60 Day Agency Action: February 3, 1998 Application Deadline: December 19, 1997 Ten Day Completion Notification: December 29, 1997 Publicarion Deadline: December 30, 1997 Planning Commission Meeting: January 21, 1998 City Council Meeting: February 9, 1998 60 Day Agency Action: February 17, 1998 Application Deadline: January 2, 1998 Ten Day Completion Notification: January 12, 1998 Publication Deadline: January 13, 1998 Planning Commission Meeting: February 4, 1998 City Council Meeting: February 23, 1998 60 Day Agency Action: March 3, 1998 Application Deadline: January 16, 1998 Ten Day Completion Notification: January 26, 1998 Publication Deadline: January 27, 1998 Planning Commission Meeting: February 18, 1998 City Council Meeting: March 2, 1998 60 Day Agency Acrion: March 17, 1998 Application Deadline: January 30, 1998 Ten Day Completion Notification: February 9, 1998 Publication Deadline: February 10, 1998 Planning Commission Meeting: March 4, 1998 City Council Meeting: March 16, 1998 60 Day Agency Action: March 31, 1998 9.02 - Page 2 - Application Deadline: February 13, 1998 Ten Day Completion Notification: February 23, 1998 Publication Deadline: February 24, 1998 Planning Commission Meeting: March 18, 1998 City Council Meeting: Apri16, 1998 60 Day Agency Action: April 14, 1998 Application Deadline: February 27, 1998 Ten Day Completion Notification: March 9, 1998 Publication Deadline: March 10, 1998 Planning Commission Meeting: April 1, 1998 City Council Meeting: April 20, 1998 60 Day Agency Action: Apri128, 1998 Application Deadline: March 13, 1998 Ten Day Completion Notification: March 23, 1998 Publication Deadline: March 24, 1998 Planning Commission Meeting: April 15, 1998 City Council Meeting: May 4, 1998 60 Day Agency Action: May 12, 1998 Application Deadline: Apri13, 1998 ' Ten Day Completion Notification: April 13, 1998 Publication Deadline: April 14, 1998 Planning Commission Meeting: May 6, 1998 City Council Meeting: May 18, 1998 60 Day Agency Action: June 2, 1998 Application Deadline: April 17, 1998 Ten Day Completion Notification: Apri127, 1998 Publication Deadline: Apri128, 1998 Planning Commission Meeting: May 20, 1998 City Council Meeting: June 8, 1998 60 Day Agency Action: June 16, 1998 Application Deadline: May 1, 1998 Ten Day Completion Notification: May 11, 1998 Publication Deadline: May 12, 1998 Planning Commission Meeting: June 3, 1998 City Council Meetin : June 22, 1998 60 Day Agenc��n: June 30, 1998 - Page 3 - Application Deadline: May 15, 1998 Ten Day Completion Notification: May 25, 1998 Publication Deadline: May 26, 1998 Planning Commission Meeting: June 17, 1998 City Council Meeting: July 13, 1998 60 Day Agency Action: July 14, 1998 Application Deadline: May 29, 1998 Ten Day Complerion Notification: June 8, 1998 Publication Deadline: , June 9, 1998 Planning Commission Meeting: July 1, 1998 City Council Meeting: July 13, 1998 60 Day Agency Action: July 28, 1998 Application Deadline: June 12, 1998 Ten Day Completion Notification: June 22, 1998 Publication Deadline: June 23, 1998 Planning Commission Meeting: July 15, 1998 City Council Meeting: July 27, 1998 60 Day Agency Action: August 11, 1998 Application Deadline: July 2, 1998 � � Ten Day Completion Notification: July 12, 1998 Publication Deadline: July 14, 1998 Planning Commission Meering: August 5, 1998 City Council Meeting: August 24, 1998 60 Day Agency Action: August 31, 1998 Application Deadline: July 17, 1998 Ten Day Completion Notification: July 27, 1998 Publication Deadline: July 28, 1998 Planning Commission Meeting: August 19, 1998 City Council Meeting: September 14, 1998 60 Day Agency Acrion: Sept. 15, 1998 Application Deadline: July 31, 1998 Ten Day Complerion Notification: August 10, 1998 Publication Deadline: � August 11, 1998 Planning Commission Meering: September 2, 1998 � Cit3� Council Meeting: September 14, 1998 60 Day Agen��i,An: Sept. 29, 1998 V �F - Page 4 - Application Deadline: August 14, 1998 Ten Day Completion Notification: August 24, 1998 Publication Deadline: August 25, 1998 Planning Commission Meeting: September 16, 1998 City Council Meeting: September 28, 1998 60 Day Agency Action: October 13, 1998 Application Deadline: September 4, 1998 Ten Day Complerion Notification: September 14, 1998 Publication Deadline: September 15, 1998 Planning Commission Meeting: October 7,1998 City Council Meeting: October 19, 1998 60 Day Agency Action: Nov. 3, 1998 Application Deadline: September 18, 1998 Ten Day Completion Notification: September 28, 1998 Publication Deadline: September 29, 1998 Planning Commission Meeting: October 21, 1998 City Council Meering: November 9, 1998 60 Day Agency Acrion: Nov. 17, 1998 Application Deadline: October 2, 1998 � Ten Day Completion Notification: October 12, 1998 Publication Deadline: October 13, 1998 Planning Commission Meeting: November 4, 1998 City Council Meeting: November 23, 1998 60 Day Agency Action: Dec. 1, 1998 Application Deadline: October 16, 1998 Ten Day Completion Notification: October 26, 1998 . Publication Deadline: October 27, 1998 Planning Commission Meeting: November 18, 1998 City Council Meeting: December 7, 1998 60 Day Agency Action: Dec. 15, 1998 Application Deadline: October 30, 1998 Ten Day Complerion Notification: November 9, 1998 Publication Deadline: November 10, 1998 Planning Commission Meeting: December 2, 1998 City Council Meeting: December 7, 1998 60 Day Agen����n: � Dec. 29, 1998 - Page 5 - Application Deadline: Ten Day Completion Notification: Publication Deadline: Planning Commission Meeting: City Council Meering: November 13, 1998 November 23, 1998 November 24, 1998 60 Day Agency Action: g.os December 16, 1998 January 1999 January 1999 � ' � �, 1 1 ��; 1--L_1'��\_ �_-� � -�1 I �__ ��_ � � , ��� 1� :�1 � �� : �1� The Appeals Commission has final action on residential requests, unless there axe objecrions from surrounding neighbors or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendation from the Appeals Commission. All commercial or industrial requests will always continue to the City Council. Application Deadline: December 19, 1997 Ten Day Complerion Notification: December 29, 1997 Appeals Commission Meeting: January 14, 1998 City Council Meeting: January 26, 1998 60 Day Agency Action: February 17, 1998 Application Deadline: January 2, 1998 Ten Day Completion Notification: January 12, 1998 Appeals Commission Meeting: January 28, 1998 City Council Meeting: February 9, 1998 60 Day Agency Action: March 3, 1998 Application Deadline: January 16, 1998 � Ten Day Completion Notification: January 26, 1998 Appeals Commission Meeting: February 11, 1998 City Council Meeting: February 23, 1998 60 Day Agency Acrion: March 17, 1998 Application Deadline: January 30, 1998 Ten Day Completion Notificarion: February 9, 1998 Appeals Commission Meeting: February 25, 1998 City Council Meeting: March 16, 1998 60 Day Agency Action: March 31, 1998 Application Deadline: February 13, 1998 Ten Day Completion Notification: February 23, 1998 Appeals Commission Meeting: March 11, 1998 City Council Meeting: April 6, 1998 60 Day Agency Action: April 14, 1998 9.07 -Page2- Application Deadline: February 27, 1998 Ten Day Completion Notification: March 9, 1998 Appeals Commission Meeting: March 25, 1998 City Council Meeting: April 6, 1998 60 Day Agency Action: April 28, 1998 Application Deadline: March 13, 1998 Ten Day Completion Notification: March 23, 1998 Appeals Commission Meeting: Apri18, 1998 City Council Meeting: Apri120,1998 60 Day Agency Action: May 12, 1998 Application Deadline: March 27, 1998 Ten Day Completion Notification: Apri16, 1998 Appeals Commission Meering: April 22, 1998 City Council Meeting: May 4, 1998 60 Day Agency Action: May 26, 1998 Application Deadline: April 17, 1998 Ten Day Completion Notification: Apri127, 1998 Appeals Commission Meeting: May 13, 1998 City Council Meeting: June 8, 1998 60 Day Agency Action: June 16, 1998 Application Deadline: May 1, 1998 Ten Day Completion Notification: May 11, 1998 Appeals Commission Meeting: May 27, 1998 City Council Meering: June 8, 1998 60 Day Agency Action: June 30, 1998 Application Deadline: May 15, 1998 Ten Day Complerion Notification: May 25, 1998 Appeals Commission Meeting: June 10, 1998 City Council Meeting: June 22, 1998 60 Day Agency Action: July 14, 1998 Application Deadline: May 29, 1998 Ten Day Completion Notification: June 8, 1998 Appeals Commission Meeting: June 24, 1998 City Council Meeting: July 13, 1998 60 Day Agency Ac��8 July 28, 1998 - Page 3 - Application Deadline: June 12, 1998 Ten Day Completion Notification: June 22, 1998 Appeals Commission Meeting: July 8, 1998 City Council Meeting: July 27, 1998 60 Day Agency Action: August 11, 1998 Application Deadline: June 26, 1998 Ten Day Completion Notification: July 6, 1998 Appeals Commission Meering: July 22, 1998 City Council Meeting: August 10, 1998 60 Day Agency Action: August 25, 1998 Application Deadline: Jul� 17, 1998 Ten Day Completion Notification: July 27, 1998 Appeals Commission Meeting: August 12, 1998 City Council Meeting: August 24, 1998 60 Day Agency Action: September 15, 1998 Application Deadline: July 31, 1998 Ten Day Completion Notification: August 10, 1998 Appeals Commission Meeting: August 26,1998 City Council Meeting: September i 4, 1998 60 Day Agency Action: September 29, 1998 Application Deadline: August 14, 1998 Ten Day Completion Notification: August 24, 1998 Appeals Commission Meering: September 9, 1998 City Council Meeting: September 28, 1998 60 Day Agency Action: October 13, 1998 Application Deadline: August 28, 1998 Ten Day Completion Notificarion: September 7, 1998 Appeals Commission Meeting: September 23, 1998 City Council Meeting: October 5, 1998 60 Day Agency Action: October 27, 1998 Application Deadline: September 18, 1998 Ten Day Completion Norification: September 28, 1998 Appeals Commission Meeting: October 14, 1998 City Council Meeting: November 9, 1998 60 Day Agency Agic� 9 November 17, 1998 � - Page 4 - Application Deadline: October 2, 1998 Ten Day Completion Notification: October 12, 1998 Appeals Commission Meeting: October 28, 1998 City Council Meeting: November 9, 1998 60 Day Agency Action: December 1, 1998 Application Deadline: October 16, 1998 Ten Day Completion Norification: October 26, 1998 Appeals Commission Meeting: November 10, 1998 (Tues. 8 pm) City Council Meeting: November 23, 1998 60 Day Agency Acrion: December 15, 1998 Application Deadline: � November 13, 1998 Ten Day Complerion Notification: November 23, 1998 Appeals Commission Meeting: December 9, 1998 City Council Meeting: January 1999 60 Day Agency Action: January 1999 Application Deadline: November 25, 1998 Ten Day Completion Notification: December 5, 1998 Appeals Commission Meeting: December 23, 1998 City Council Meeting: January 1999 60 Day Agency Action: January 1999 9.10 City of Fridley TO: William W. Burns, City Manager �� PW98-001 FROM: John G. Flora, Public Works Director DATE: January 5, 1998 SUBJECT: Lake Pointe Improvement Associated with the improvement Lake Pointe/Highway 65 intersection, the Central Avenue portion of the intersection requires the construction of a retaining wall and relocation of the bikeway at the Moore Lake Beach Park at the northeast segment of the proj ect. This construction will impact a portion of the park along the roadway. Since this is an ISTEA federally participated project, all right-of-way for the improvements must be established prior to plan approval. � , The attached resolution establishes the use of a portion of the Moore Lake Beach Park property for the intersection improvement as required by federal criteria. Recommend the City Council adopt the attached resolution so that we may continue to proceed with the improvement of this intersection. JGF:cz Attachment 10.01 . � , � . RSSOLIITION NO. - 1998 R$SOLIITION RIGHT-OF-WAY FOR LAKS POINT$ IMPROVEMENT WHEREAS, the City and the City's Housing Redevelopment Authority are supporting the development of the Lake Pointe property, and WHEREAS, this development requires the rebuilding of the Highway 65 intersection with Lake Pointe and Central A�renue, and WHEREAS, the improvement requires the widen' g of Central Avenue into the City owned park on the northeast egment of the intersection, and \ �, WHEREAS, the widening requires that ce tain lands within the park b dedicated to the roadway improvem t, and e WHEREAS, the City desires this im ovement to be completed. NOW, THEREFORE, BE IT RESOLVED T, the City Council of the City of Fridley, Anoka County,. Mi sota, grants the necessary right- of-way from the Moore Lake B ch Park property for the Central Avenue widening associated v�5.th the Lake Pointe/Highway 65 intersection improvement p�r Appendix A. PASSED AND ADOPTED BY T� THIS 5TH DAY OF JANUA&Y, ATTEST: CITY COUNCIL OF THFs CITY OF FRIDLEY 1998. , NANCY J . JORGEN3`+�1J, MAYOR WILLIAM A. CHAMPA - CITY CLERK 1o.oz R$SOLIITION NO. - 1998 RSSOLUTION CONSTRIICTION SASEMENT FOR LP,K$ POINTB IMPROVEMBNT WHEREAS, the City and the City's Housing Redevelopment Authority are supporting the development of the Lake Pointe property, and WHEREAS, this development requires the rebuilding of the Highway 65 intersection with Lake Pointe and Central Avenue, and WHEREAS, the improvement requires the widening of the construction limits for Central Avenue into the City owned park on the northeast segment of the intersection, and WHEREAS, the widening requires that certain lands within the park be included in the roadway improvement, and wHEREAS, the City desires this improvement to be completed. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, grants a temporary construction easement expiring December 31, 2002 on the Moore Lake Beach Park property for the Central Avenue widening associated with the Lake Pointe/Highway 65 intersection improvement per Appendix A. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF JANUARY, 1998. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON, MAYOR r- � p CITY OF FRIDLEY M E M O R A N D U M � TO: WILLIAM W. BURNS, CITY MANAGER,� F'ROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: MINNESOTA LAWFVL C�MBLING PREMISE PERMIT RENEWAL APPLICATION FOR IrK)OSE LODGE 38 FRIDLEY DATE: DECEMBER 31, 1997 Attached is a resolution approving the renewal application for a Minnesota Lawful Gambling Premise Permit for Moose Lodge 38. Gambling will be conducted at the Moose Lodge, 8298 University Avenue Northeast. Minnesota State Statutes requires the adoption of a resolution approving this type of gambling permit. Staff has found no reason to deny this renewal application. � 11.01 RE30LUTION NO. - 1998 RESOLUTION IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNE30TA LAWFUL GAI�LING PREMI3E PERMIT TO MOOSE LODGE 38 FRIDLEY WHEREAS, the City of Fridley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for Moose Lodge 38 Fridley;.and WHEREAS, the location of the Premise Permit is for Moose Lodge 38 Fridley, 8298 University Avenue Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Moose Lodge 38 Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1998. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 11.02 NANCY J. JORGENSON - MAYOR n � � cmr oF fRIOLEY LICENSES JANUARY 5, 1998 GAS SERVICES Ace Mechanical Services Inc 4820 Lexington Ave ' Ham Lake MN 55304 C S H Enterprises 731 1 153 Ave Forest Lake MN 55025 Clarion Contracting 13961 Elmcrest Ave N White Bear Lake MN 55110 Hutton & Rowe Inc 2126 2 Ave Anoka MN 55303 Spriggs Plumbing & Heating Co 124 Eva St St Paul MN 55107 Superior Heating AC & Electric 115199AveNW Coon Rapids MN 55433 GENERAL CONTRACTOR-COMMERCIAL Keller Structures Inc N216 State Rd 55 PO Box 620 Kaukauna WI 54130-0620 Metro Building S�stems Inc 4401 85 Ave N Brooklyn Park MN 55443 Jim Harvey Curt Hanke Clarion Olsen David Rowe Wayne Plourde Mark Johnson Rick Sanderfoot Ed Studer 13.02 RON JULKOWSKI Building Official Same Same Same Same Same RONJULKOWSKI Building Official Same GENERAL CONTRACTOR-RESIDENTIAL Dailey Homes Inc (2217) 1471 91 Ave N E Blaine MN 55449 Lamperts (20103953) 9220 Hudson Bivd Lake Elmo MN 55042 Wyndridge Properties 5260 185 Ln NW Anoka Mn 55303 HEATING C S H Enterprises 7311 153 Ave Forest Lake MN 55025 Hutton & Rowe Inc 2126 2 Ave Anoka MN 55303 Superior Heating AC & Elect 115199AveNW Coon Rapids MN 55433 PLUMBING Nowthen Plumbing 2231 1 Norris Lake Rd Anoka MN 55303 McGuire & Sons 605 12 Ave S Hopkins MN 55343 Major Mechanical Inc 7382 Kirkwood Ct Maple Grove MN 55369 Oak Grove Mechanical Inc 7236 Oak Grove Blvd Richfield MN 55423 Jay Thorson Rick Crosby Curtis Salmon Curt Hanke David Rowe Mark Johnson Jeff Boettcher Mike McGuire Gary Mitsch Douglas Waller 13.03 STATE OF MINN Same Same RON JULKOWSKI Building Official Same Same STATE OF MINN Same Same Same Sunderland Plumbing 24380 Riverbank Ln Isanti MN 55040 Zell Plumbing 8920 27 St N Lake Elmo MN 55042 ROOFING Berwald Roofing Co Inc 2440 N Charles St N St Paul MN 55109-3080 SIGN ERECTOR Advanced Awning Design 1600 29 St Cloquet MN 55720 Tony Sunderland Leslie Zell Eugene Berwald Craig Simensen 13.04 Same Same RON JULKOWSKI Building Official RONJULKOWSKI Building Official � � ClTY OF FRIDLEY Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 FST/MAi'FS JANUARY 5, f998 Services Rendered as City Attorney for the Month of December, 1997 : . . . . . . . . . . . . . . . . . . . . . . $ 4,250.00 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Prosecuting Attorney for the Month of October, 1997 . . . . . . . . . . . . . . . . . . $ 18,080.50 M.C. Magney Construction, Inc. 19245 H ig hway 7 Excelsior, MN 55331 Wellhouse No. 1 and Booster Station Rehabilitation Project No. 298 Estimate No. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,120.60 14.01 MEMORANDUM DEVELOPMENT DIRECTOR DATE: December 18, 1997 TO: Wiiliam Bums, City Manager��� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Public Hearing on Zoning Text Amendment, ZTA #97-04, by the City of Fridley, to Designate Seven Sites as "Approved Sites" for Telecommunication Towers or Antennas on Existing Buildings -•� • As you are aware, the City of Fridley has spent the past year carefully analyzing locations for the deployment of telecommunication towers and facilities. The analysis resulted in a consensus on a mixture of publicly- and privately-owned sites strategically located to minimize impacts, and also to provide adequate wireless service for residents and businesses. The purpose of this application is to amend Appendix A, to add seven additional sites to be considered as "approved sites" or permitted uses. Seven municipally-owned sites have already been approved by the City Council. After further study and advice from the industry legal and technical experts, seven additional sites are proposed as approved sites; two are City-owned and five are privately-owned. Those sites are: • Onan Corporation; 1400 - 73rd Avenue • All Temp Storage; 5400 Main Street • Agro-K; 8030 Main Street 15.01 ZTA #97-04 December 18, 1997 Page 2 • United Defense/Navy Water Tower; East River Road south of I-694 • Parson's Electric; 5930 Main Street • City-owned property lying between the Burlington Northem Railroad and Hickory Street; southwest corner of Springbrook Nature Center • City-owned right-of-way south of I-694 adjacent to Lot 30, Block 10, Hamilton Addition to Mechanicsville; befinreen 5�' and 6"' Streets � : • , • • �� ' ' • ' ���i�]�L��� Onan Cor or�tion Staff contacted Mr. Woody Nelson of Onan Corporation and provided Mr. Nelson with photos of typical wireless facilities and briefly reviewed monopole technology. Mr. Nelson did not attend the Planning Commission public hearing. We will contact him prior to the Ci#y Council hearing. All Temp Storaae Mr. John Hollman of All Temp Store has submitted a letter stating: "We have no objections to our selection and hope that we will be approved to negotiate with telecommunications carriers in this regard.° (see attached) _• • . There has been no response from this owner. Staff will attempt to confirm their position by the City Council hearing. United Defense Mr. Jeff Van Keuren of United Defense stated that the water tower is technically on US Navy property; however, the paperwork has been sent to the appropriate officials and a response will be forthcoming the first week of January. No representatives from this location attended the Planning Commission public hearing. 1�.oz ZTA #97-04 December 18, 1997 Page 3 Parson's Electric There was no response from this company; however, Mr. Andrew Segale of US West indicated that he has been in contact with Parson's Electric and they are in favor of having their site selected as a telecommunications equipment site. No representatives from Parson's Electric were present at the Planning Commission public hearing. . -. . ..-� �- . - . . . .. .., �. _ -� - Jack Kirk and Siah St. Clair met with Barbara Dacy on the site to discuss the potential of a monopole in this location. Jack and Siah were both concerned about the impact on the natural setting in this location. The creek and bridge to the walking trail are very close to this site. They were not in favor of the use of the property for any type of telecommunications equipment. They did indicate, however, that equipment that has been properly designed to blend on the existing NSP structures west of Springbrook would be an agreeable alternative. The Parks & Recreation Commission discussed this issue and tabled it due to their requiring additional information not available at their November meeting. . -....- . ���••• Ms. Harrier Skarrie, owner of the apartments south of this parcel questioned the aesthetic impact. She is interested in a minor subdivision to acquire five feet of #he proposed site to rectify a setback deficiency created at the time the apartment garages were built. Staff believes that a minor subdivision will be possible while allowing the remainder of the site to be utilized as an approved telecommunication site. Staff did discuss the performance standards required to minimize the aesthetic impacts on Ms. Skarrie's property as well. . � �.� . _.. � _ � The City Council approved second reading of the telecommunications ordinance on Monday, November 24, 1997. An amendment to Appendix A of that ordinance specifying sites is the issue being considered at this time. A public hearing before the Planning Commission was held on December 3, 1997. The City Council first reading is scheduled for January 26, 1998 and second reading is scheduled for February 9, 1998. 1�.03 ZTA #97-04 December 18, 1997 Page 4 The Planning Commission recommended approval of six of the seven sites identified. Due to the potential for disruption of the natural amenity of the Springbrook Nature Center, the Planning Commission recommended that the Springbrook site be eliminated from consideration. :_ • il �� �� Staff recommends that the City Council conduct the public hearing. First reading of the ordinance will be on January 26, 1998. SH/dw M-97-521 15.04 �iL�� A� MP STORA��•DISTRIBUTIOH November 21, 1997 Barbara Dacy City of Fridley Municipal Center 6431 University Ave. NE Fridley, NIN 55432 Dear Barbara: We have reviewed Scott Hickok's letter of November 17th regarding the telecommunication tower and possibility to be a location for a tower and facility sight. We have no objections to our selection and hope that we will be approved to negotiate with the telecommunications carriers in this regard. It is my understanding that the only reason for us to attend the planning commission and/or city council hearings would be if we had an objection to our selection. Please let me know if there would be some positive reason for us attending one or both of these meetings. Yours very truly, G-- • / / �John C. Holman Chairman and Chief Executive Officer ALL•TEMP DISTRIBUTION COMPANY 5400 N.E MAINO EET, MINNEAPOLIS, MN 55421 (612) 571-0215 � � , � � r � �"-"'� r"� ��y`��.,,,,. A request by the City of Fridley ; ��, - S-2 - RedeveloPment DisUict � G2 -� �►� to allow the installation of � � G3 - Ge�a� S�bPP��9 �reless communications � GR1- C-,�a� Office (uF1 - Light Ir�shial ��2 -���� facilities at 1400 73rd Avenue. 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Euw; .::�;i%&;L`'_. � . . az�d �, � ��_.__... �..... f �' , s, . �. a �� 1 �'a a � - xxa t.� � x � . y ��a� t � > _�$a.3 �,i° . § ��'vffi'-0 ".?§ . 3 8 . � ' d� - _ . § . . . . . ., . . - . . �j . . .. . . _ . � 11-1� ! �' �_ i ......�. , �j � / � � � / �,,�," -�. ,�'`� : ! , 9 � � �'d , � Y� � ; 4��� � � � _ : g' ��a �� �'"� � ; _ : ;� �� � > �����1 �,�� ��. � � i� - ��v � �� rv, , `i�'�', 9 � _ � I� � ,; ; �, 4 � f..' i � � �' ' �•� . � � � . �<x � ,_ P b;: 5 .? {_ f; ilt + �.��f x �� 7 ► �_3� . , �. � � - ,�_1� �:: ; ; � � �� � . .:: � � ana ��I � � � �, ' ,� ' 3a�rilton's �� � �, � , ����' CITY OF FRIDLEY 1998 CITY COUNCIL AND STAFF APPOINTMENTS 1997 REPRESENTATIVE• Mayor Pro Tem: Councilmember-at-Large Robert Barnette Anoka County Law Enforcement Council Councilmember Schneider, Representative Mayor Jorgenson, Alternate Association of Metropolitan Municipalities: Mayor Jorgenson, Delegate Councilmember Bolkcom, Alternate League of Minnesota Cities• Councilmember Billings, Representative Mayor Jorgenson, Alternate School District Nos. 13 and 14• Councilmember-at-Large Barnette, Representative Councilmember Bolkcom, Alternate School District No.16: Councilmember Billings, Representative Councilmember Schneider, Alternate Northstar Corridor Development Aut� Councilmember Billings, Representative Jon Haukaas, Asst. Public Works Dir., Alt. North Metro Convention & Visitors Bureau: William Hunt, Asst. to the City Manager 1998 APPOINTEE: �s.o1 12-31-98 12-31-98 12-31-98 12-31-98 12-31-98 12-31-98 12-31-98 12-31-98 12-31-98 12-31-98 12-31-98 12-31-98 12-31-98 12-31-98