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01/05/1998 - 00001005� OF THE REGUI.AR MEETING OF THE FRIDLEY CITY COUNCIL OF The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CAI�L: MEMBERS PRESENT MEMBERS ABSENT: PRESENTATION. MARCIA ETL Mayor Jorgenson, Councilman Billings, Councilwoman Bolkcom None Councilman Barnette, Councilman Schneider and NORWEST BANK MINNESOTA, N.A.: Ms. Etlicher, Norwest Bank, presented a check for $27,500 to the City for the Fridley Community Center. These funds were obtained � through a grant from the Norwest Foundation, and Norwest Bank_ is pleased to be a part of this commitment to the community center and rts develepment. As a resident of the City for 35 years, she appreciated the steps taken by Council to provide the center. Councilman Barnette stated that it was his experience, when he was employed at the school, that you could always count on Fridley State Bank, and now Norwest Bank, whenever funding was needed. Even though the bank is now corporate, they have not lost their small town flavor. Ms. Etlicher stated that Norwest Bank holds true to community values and lends their support. APPROVAL OF MINUTES: COUNCIL MEETING. DECEMBER �. 1997. MOTION by Councilwoman Bolkcom to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously APPROVAL OF PROPOSED CONSENT AGENDA: � � � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 PAGE 2 NEW BUSINESS: 1. RESOLUTION NO, 1-1998 DESIGNATING ITORIES FOR Mr. Burns, City Manaqer, recommended that Norwest Bank be designated as the City's official depository. The City receives good service and a good return on investments from Norwest Bank. ADOPTED RESOLUTION NO. 1-1998. 2. RESOLUTION NO. 2-199B DESIGNATING OFFICIAI, NEWSPAPER FOR 3 � 5 � Mr. Burns, City Manager, recommended that Focus News be designated as the City's official newspaper for 1998 and that Star Tribune be designated as the City's second official newspaper for 1998. ADOPTED RESOLUTIQN NO. 2-199B. RESOLUTION NO. 3-1998 DE52GNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY: Mr. Burns, City Manager, recommended that the Public Works Director be designated as the Representative to the Suburban Rate Authority and the Assistant Public Works Director be designated as the Alterna�e. ADQPTED RESOLUTI�I3 NO. 3-199B. P.ESOLUTION NO. 9-1998 IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIGHWAYS IN THE CITY OF FRIDLEY, MINNESOTA: Mr. Burns, City Manaqer, stated that these load limits apply to vehicles in excess of four tons and nine tons per axle. Special permits are issued for school bus operators and, in some cases, special permrts may be tssued to others as well. ADOPTED RESOLUTION NO. 4-1998. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 3, 1997: RECEZVED TAE MINUTES OF TAE PLANNING COMMISSION MEETING OF DECEMBER 3, 1997. RECEIVE THE MINUTE5 OF THE PLANNING COMMISSION MEETING OF DECEMBER 17, 1997. RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 17, 1997. � � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 PAGE 3 7. RESOLUTION NO. 5-1998 APPROVING A 0 0 SAV #97-02 Mr. Burns, City Manager, stated that a 5 x 555 foot utility easement exists in the middle of the property where Bachman's store is to be constructed at 8200 University Avenue There are no utilities in this easement, and it can be vacated. However, staff is recommending that the petitioner dedicate a 190 foot long by 5 foot wide easement along the lot line �ust west of the easement to be vacated. The 190 foot easement wi11 connect to an existing 5 foot easement which runs along the remaining portion of the north lot line of Lot 2. Mr. Burns stated that the Planning Commission recommended approval of this vacation sub�ect to the petitioner providing the 190 foot long by 5 foot wide easement and that only the easterly 550 feet of the easement shall be vacated. ADOPTED RESOLUTION NO. 5-1998, WITH THE FOLLOWING TWO 5TIPUI�.TIONS ATTACHED A5 EXHIBIT A: (1) THE PETITIONER SHALL DEDICATE A 190 FOOT LONG BY 5 FOOT WIDE FASEMENT ALONG THE NORTHWEST L�T LINE OF LOT 2, BLOCK 1, WALTON 2ND ADDITION. THE EASEMENT DOCUMENT SHALL BE PREPARED BY THE PETITIONER AND 5UBMITTED TO THE CITY BY JANUARY 23, 1998. THE PETITIONER SHALL RECORD THE EASEMENT WITHIN 30 DAY5 OF CITY COUNCIL APPROVAL; AND (2) ONLY THE EASTERLY 550 FEET OF THE EASEMENT SHALL BE VACATED. ESTABLISH A PUBLIC HEARING FOR JANUARY 26, 1998, TO REVIEW THE CITY OF FRIDLEY'S 1998 CDBG APPLICATION: Mr. Burns, Crty set for January funded under the program. Manager, recommended that a public hearing be 26, 1998 to review the pro�ects that will be City's 1998 Community Development Block Grant SET PUBLIC HEARING FOR JAN[JARY 26, 1996 TO REVIEW THE 199H CDBG PROGRAM. APPROVE 1998 DEVELOPMENT REVIEW SCHEDULES FOR PLANNING COMMISSION, APPEALS COMMISSION AND CITY COUNCIL ACTIONS: Mr. Burns, City Manager, stated that staff has prepared 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 sixty-day agency action date. He requested that Council approve these schedules. APPROVED THE 1998 DEVELOPMENT REVIEW SCHEDULES FOR PLANNING COMMISSION, APPEALS COMMISSION, AND CITY COUNCIL ACTIONS. � � � FRIDLEY CITY COUNCIL MEETING OE JANUARY 5, 1998 4 10. RESOLUTION FOR RIGHT-OF-WAY FOR LAKE POINTE IMPROVEMENT (WARD 2): 11 12 Mr. Burns, City Manager, submitted a substituted resolution to be considered. He recommended that the old resolution be removed and the new resolution placed on the regular aqenda. THE RESOLUTION WAS REMOVED FROM THE AGENDA AND THE SUBSTITUTED RESOLUTION PLACED ON TAE REGULAR AGENDA RESOLUTION NO. 7-1998 IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNE50TA LAWFUL GAMBLING PREMISE PERMIT TO MOOSE LODGE 3H FRIDLEY (B298 LJNIVERSITY AVENUE N.E.) (WARD 3): Mr. Burns, City Manager, stated that the City has had no problems with this lawful gambling premise permit for the Moose Lodge and recommends approval. ADOPTED RESOLUTION NO. 7-1998. [Nl►�l�f.� AUTHORIZED PAYMENT OF CLAIM NOS. 78098 THROUGH 78525. 13. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 14. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St Paul, NIIV 55110 Services Rendered as City Attorney for the Month of December, 1997. Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. I'ridley, MN 55432-4381 Services Rendered as City Prosecuting Attorney for the Month of October, 199� . . $ 4,250.00 $18,080 50 , � FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 PAGE 5 M.C. Magney Constructaon, Snc. 19245 Highway 7 Excelsior, MN 55331 Wellhouse No. Rehabilrtation Estimate No. 4 1 and Booster Statlon Pro�ect No. 298 $27,120.60 No persons in the audience spoke regarding the rtems on the consent agenda. Councilman Schneider requested that Item 10 be removed from the consent agenda and that the new resolution substituted in Item 10 be added to the regular agenda. MOTION by Councilman Barnette to with the exception of Item 10, Upon a voice vote, all voting motion carried unanimously. ADOPTTON OF AGENDA: approve the consent agenda rtems, Seconded by Councilman 5chneider. aye, Mayor Jorgenson declared the MOTION by Councilman Schneider to adopt the agenda, with the addltion of the new resolution substituted in Item 10. 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 HEAE2ING. from the audience under this rtem of 15. PiJBLIC HEARING ON A ZONING TEXT AMENDMENT, ZTA #97-04, BY THE SITES" FOR TELECOMMUNICATION TOF7ERS OR ANTENNAS ON EXISTING BUILDINGS: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 7:43 p.m. P2r. Hickok, Planning Coordinator, stated that it wa5 a zoning te�t amendment by the City and related to the designation of seven sites � as "approved sites" for telecommunication towers. The City spent the last year analyzing locatlons for the deployment of telecommunication towers and facilities. This 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. Seven municipally- owned sites have already been approved and these seven � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 PAGE 6 additional sites are proposed as "approved sites." Of these seven sites, two are City-owned and five are privately-owned_ Mr. Hickok stated that the seven sites are Onan Corporation, A11 Temp Storage, Agro-K, United DefenseJNavy Water Tower, Parson's Electric, City owned property lying between the Burlington Northern Railroad and Hickory Street (southwest corner of Springbrook Nature Center; and a City-owned right-of-way south of I-694 ad�acent to Lot 30, B1ock 10, Hamilton Addition to Mechanicsville, between Fifth and Sixth Streets. Mr. Hickok stated that the Planning Commission recon¢nended approval of six of the seven sites identified. Due to the potential disruption of the natural amenity of the Springbrook Nature Center, they recommended that this site be eliminated from consideration. Ms. Dacy, Communrty Development Director, stated that she attended the Parks and Recreation Commission meeting when the Springbrook Nature Center site was discussed. The Commission would like the City to investigate other sites in the area, namely, Far� Construction and the truck terminals. They would also like the City to evaluate attaching the antennas to the Northern States Power poles ln the immediate vicinity of Springbrook Nature Center. � The Parks and Recreation Commission had an exhaustive discussion on this issue. Their motion was that these two options be pursued prior to action by the Clty on the Springbrook Nature Center site. Mr. Hickok stated that Mr. Woody Nelson, Onan Corporation, indicated that he is not certain whether he is pro or con about having their site included. He believed he would be more comfortable when and if there are negotiations on the design and location. His position at thls point is a guarded one. Councilman Schneider stated that incluslon in this list of "approved sites" does not quarantee that the antennas would be placed on these sites. From the City's viewpoint, these are sites Council would find acceptable. It does not, in any way, imply there has been discussion between the owner and the tele- communication company. It would be necessary for the tele- communication company to negotiate caith the property owners for use of their site. The property owners may or may not approve Mr, Hickok stated that the telecommunication companies rea]ize they would have to negotiate any use of these "approved sites" wiLh the owners. Councilman Billings stated that this public hearing is to amend the Zoning Code in order to include this type of activity on these � sites. The property owner sti11 has the prerogative �f allowing or not allowing the tower on his property. Mr. Hickok stated that Mr. Hollman of Al1 Temp Storage at 5400 Main Street has submrtted a letter of support for their property being designated as an "approved site." � � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 PAGE 7 Mr. Hickok stated that the owner and employees of Agro-K, 8030 Main Street, have indicated that they would prefer not to have their site included. Councilman Schneider asked if properties are included that do not want to be designated as an "approved site" would it constitute a taking of property. Mr. Knaak, City Attorney, stated that by increasing the use of the property it is not limitinq any current uses or mandating any uses. The fact that the antennas would be an allowed use does not require the property owner to enter into negotiations for a tower. Mr. Hzckok stated that Mr. Van Keuren of United Defense has indicated that the water tower site is technically on U.S. Navy property Informaticn has been sent to the appropriate Navy officials. A response will be forthcoming and should be available for the first reading of the ordinance Mr. Hickok stated that in regard to the Parson's Electric site at 5930 Main Street, they would welcome being included in the list of "approved sites." He understands that a telecommunications provider has already had discussions wrth Parson's Electric. Mr. Hickok stated that as far as the City-owned right-of-way south of I-694, he has had discussions with the owner of the apartments south of thls parcel, Ms. Harriet Skarrle. She is interested in a minor subdivision to acquire five f2et of the proposed site to rectify a setback deficiency created at the time the apartment garages were constructed. A minor subdivision will be possible while still allowing the remainder of the site to be utilized as an approved telecommunication site. Mayor Jorgenson asked if neighboring property owners were notified of this proposed amendment. Mr. Hickok stated that all property owners within 300 ieet of these sites were sent notices. Comments were received at the Planning Commission meeting, as some residents were interested in where the towers would be located on the Onan site. Councilwoman Bolkcom asked if any discussions were held with Northern States Power on the location of the antennas. Mr. Hickok stated that he has not been in contact with Northern States Power, but he understands that the telecommunication companies have had discussions with them. The telecommunication companies would like to locate the antennas on the Northern States Power (NSP) poles, and NSP does seem receptive to this suggestion. Councilwoman Bolkcom asked how the City arrived at these sites. Councilman Barnette asked if the water works site was considered. � � i �� J FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 PAGE B Mr. Hickok stated that there was an analysis done, and there was a gap in coverage in the southwest corner. Sites around Well No. 13 were considered; however, there was some natural amenity so staff thought perhaps the already developed industrial sites would be better. Councilwoman Bolkcom asked what would happen if United Defense was not in favor of their site listed as an "approved site." Mr. Hickok stated that there are other structures and potential sites in the area. Coverage could be provided in that area in the event something would happen with the United Defense site. Councilman Billings said it was staff's intention to identify sufficient sites to satisfy the immediate and future needs of the industry while still preserving the landscape of the City as well and not having a proliferation of towers. Ms. Concil Ra�mananan, owner of Agro-K, stated that most of her employees are worried that these towers would cause cancer. She would appreciate it if the Crty would remove thezr site from consideration. They are planning to expand in two years which is another reason why she would lik_e their site eliminated. Mayor Jorgenson stated that the Federal Communications Commission preempts Council from looking at some of these issues. Mr. Knaak, City Attorney, stated that the criteria the City uses in selecting and evaluating the sites can only be those matters that relate to zoning. Health and safety ls expressly requlated by the Federal government, and the Crty cannot regulate in the area where the Federal Government has intervened. These concerns can be expressed, but it cannot be the basis for any decision. Councilman Hillings stated that even though the property is zoned so that a tower can be placed on it, the property owner is under no obligation vrhatsoever to place a tower on the site Councilwoman Bolk_com asked staff to eXplore other options for the Springbrook Nature center site, especially Northern States Power's poles. Councilman Barnette asked if the Springbrook Nature Center site was removed from the list of "approved sites, " if the same would not apply for the Agro-K site. Councilman Billings stated that these are two different circumstances. Springbrook Nature Center srte would be removed because of the aesthetics which is not the case in the Agro-K site. Councilman Schneider stated that the City, as the owner, rould deny any towers on the Springbrook Nature Center srte, and Agro-K would have the same option on thelr srte. �I � „J FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a volce vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 8:16 p.m. NEW BUSINE5S: 10. RESOLUTION NO. 6-1998 FOR A CONSTRUCTION EASEMENT FOR TAE T,AKF POINTE IMPROVEMENT: MOTION by Councilman Schneider to adopt Resolution No. 5-1998. Seconded by Councilman Billings. Councilman Schneider stated that this construction easement is for the intersection improvement at Lake Pointe. He understands that a portion of the bike path would have to be removed for this intersection improvement. Mr. Haukaas, Assistant Public Works Director, stated that due to the alignment of Central Avenue, the roadway will be raised which would affect about 250 to 300 feet of zhe bik_e path. Councilman Schneider stated it is mind boggling that the bike path was installed, and now some of it has to be removed. Mr. Haukaas stated that the alignment problem was not found until September of this year. The ma�or1ty of the bike path was constructed before this was realized. Councilman Schneider stated that he would liYe a breakdown of the cost for this bike path and the cost to remove some of the path. P�Ir. Burns stated that the cost for the 1.6 mile blk_e path was in excess of $300,000; however, a large portion of the cost was for the bridge, Councilman Schnelder stated that from his calculations the cost for the portion of the bike path that needs to be removed is about $10,00�. This is a significant amount, and he would like some assurances that the City is looking at the most cost effective way of solving thls problem. Councilman Schneider asked how soon action needed to be taken on this resolution. Mr. Haukaas stated that because Federal funding is involved, all easements and right-of-ways are needed before the pro�ect is sent to the Federal government for approval. Councilman Schneider asked if the City can approve the construction plans. Mr. Haukaas answered in the affirmative. Ms. Dacy, Community Development Director, stated that the pro�ect is scheduled to beqin January 26, 1998. ' �I � FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 PAGE 1 Mayor Jorgenson asked if there would be additional public meetings for those residents ad�acent to this intersection. She �aanted to make sure the public is aware of the speed limit possibly beinq raised on Highway 65 and what will be happening in the construction phase. Ms. Dacy stated that residentis would be notified when the City receives the final plans. The plans are consistent with those presented at the public hearings held last February. If the public is interested they may come in and speak with staff. She did not anticipate the need for another public hearing The construction will be a significant process, and access will not be allowed into Lake Pointe Drive from Highway 65. This information needs to be sent to the residents, and another mailing will be completed. Mayor Jorgenson stated that the residents should also be aware that this pro�ect will be coordinated with an overlay on Old Central. She asked if the City has received any further information from the County on this issue. Mr. Haukaas stated that the Coun�y is still planning an overlay beginning with the 1998 constructlon season. Councilman Billings stated that until the design details and engineering standards were completed, �t was not realized that the roadway would have to be ralsed. UPON A VOTCE VOTE TAKEN ON THE ABOVE MOTSON, all voted aye, and Mayor Jorgenson declared the motion �or the adoption of Resolution No. 6-1998 carried unanimously. 16. CITY OF FRIDLEY 1998 CITY COUNCIL AND STAFF APPOINTMENTS: MOTION by Councilman Schneider to approve the following City Council and staff appointments for 1998� MAYOR PRO-TEM: Councilmember-at-Large Barnette ANOKA COUNTY LAW ENFORCEMENT COUNCIL: Councilmember-at-Large Barnette, Representative Councilmemlaer Schneider, Alternate ASSOCIATIODT OF METROPOLTTAbI MUNICIPAI,ITILS: Mayor Jorgenson, Delegatz Councilmember Bolkcom, Alternate ZEAGUE OF MINNESOTA CSTIES: Councilmember Billings, Representative Mayor Jorgenson, Alternate � �I � I � __ FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 PAGE 11 SCHOOL DISTRICT NOS. 13 and 14: Councilmember-at-Large Barnette, Representative Councilmember Bolkcom, Alternate SCHOOL DISTRICT N0. 16: Councilmember Billings, Representative Councilmember Schneider, Altiernate NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY: Councilmember Billings, Representative Jon Haukaas, Asst. Public Works Director, Alternate NORTH METRO CONVENTION & VISiTORS BUREAU. William Hunt, Asst_ to the City Manager Seconded by Councllman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 17. INFORMAL STATUS REPORTS: Mr. Burns, City Manaqer, stated that he would like to discuss the following items during the conference session: Firefighter vacancy; Islamic Center parYing change, leglslation regarding Truth-in-Taxation law; Sister Cities program; and Southern Anoka County Chamber of Commerce community resources. Mayor Jorgenson stated that the Crty's 50th Anniversary Task Force will be meeting at 5:30 p.m. on Thursday, January 8 in Meeting Rooms 1 and 2. Councilwoman Solkcom stated that there will be a neighborhood meeting at Stevenson Elementary School on January 15 at 7:00 p.m regarding the walkway on River Edge 4day. Representatives from the Police Department, Stevenson School and the City Manager will be in attendance Mayor Jorgenson stated that ln con�unction with the goals and ob�ectives, the City Manager has conducted performance reviews with the Department Managers. Council will be discussing a performance review for Mr. Burns. Councilwoman Solkcom asked for an update on the lower level of the Community Center. Mr. Burns stated that Jack Kirk will be meeting with the architect, and information will be procided as soon as it is available. Mr. Burns stated that Brian Strand will be airing a City accomplishments video on cable television following this Councll meeting. � � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 1998 ADJOURNbIENT: PAGE 12 MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of January 5, 1998 ad�ourned at 8:39 p.m. Respectfully submitted, � ,�,_� ���r��� Carole Haddad Secretary to the City Council ���-�:���- ;, �� � , . � � Nancy J. Jorgenson Mayor