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01/04/1999 - 00000396THE MINUTES OF THE SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 4, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Pro Tem Barnette at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Barnette led the City Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilmember Barnette, Councilmember Billings, Councilmember Schneider, Councilmember Wolfe, and Councilmember Bolkcom MENIBERS ABSENT: Mayor Jorgenson APPROVAL OF MINUTES: Special Citv Council Meetin� of December 14, 1998: MOTION by Councilmember Bolkcom to approve the minutes of the Special City Council Meeting of December 14, 1998 as presented in writing. Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, ACTING MAYOR BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS: Ms. Deb Skogen, City Clerk, administered the Oath of Office to Richard Wolfe, Ann Bolkcom, and Steve Billings for their new terms as Councilmembers. Mayor Pro Tem Barnette and the Councilmembers took this opportunity to thank Councilmember Schneider for his 22 years of dedicated service to the City of Fridley. They noted that he had been a very valuable peer, and they hoped to carry out the level of commitment that he had shown to the residents of Fridley. They wished him all the best. Councilmembers Bolkcom and Billings thanked the citizens for their support during the past election. They e�tended their congratulations and welcomed Councilmember Wolfe. Mayor Jorgenson was present at the meeting briefly to e�tend her sincere appreciation to Councilmember Schneider for all that he had done, noting that he will be greatly missed. FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 2 Councilmember Schneider stated that the past 22 years have been great for him. He felt the City had a great staff and a great City Council. He said he was looking forward to the future. Councilmember Wolfe briefly introduced family members who were present. He also thanked citizens for their support. He stated that he hoped Councilmember Schneider would still be available to offer support and assistance during the transition. STATE LEGISLATIVE UPDATE: Senator pon Betzold and House Representative Satveer Chaudhary were present to give Council a brief update on issues that they felt would be discussed and/or acted upon during the upcoming legislative session, which will begin at 12:00 p.m. on Tuesday, January 5, 1999. Some issues included discussions on the projected budget surplus, budget funding for area schools, Metropolitan Council, Mass Transit/Commuter Rail, discussions with regard to juvenile offenders who commit serious crimes, lowering of the DWI limits, firefighter training funds, data privacy, education/class size reduction, tax cuts, and removal of the levy limits. Representative Chaudhary noted that a town meeting will be held on Saturday, January 9 at the Columbia Heights Public Library. He encouraged the public to attend to discuss some of the upcoming legislative issues. Mayor Pro Tem Barnette noted that the Mayor and Councilmembers received a letter from Representative Alice Johnson who apologized that she was unable to be present at the Council meeting. The Councilmembers thanked Mr. Betzold and Mr. Chaudhary for their informative update. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MINUTES OF DECEMBER 2, 1998: RECEIVED PLANNING COMMISSION MINUTES OF DECEMBER 2, 1998. 2. SPECIAL USE PERMIT, SP #98-17, BY WENCK ASSOCIATES, INC. TO ALLOW A CHIROPRACTIC CLINIC IN A R-3 DISTRICT, GENERALLY LOCATED AT 6431 HIGHWAY 65 (WARD 2): Mr. Burns, City Manager, explained that this action would allow a chiropractic clinic at 6431 Highway 65. The special use permit was approved by the Planning Commission at their meeting on December 2, with seven stipulations. APPROVED SPECIAL USE PERMIT, SP #98-17, BY WENCK ASSOCIATES, INC. TO ALLOW A CHIROPRACTIC CLINIC IN A R-3 DISTRICT, GENERALLY LOCATED AT 6431 HIGHWAY 65. FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 3 3. VARIANCE REQUEST, VAR #98-38, BY WENCK ASSOCIATES, INC. TO DECREASE THE REQUIRED SETBACK FROM THE RIGHT-OF-WAY TO THE DRIVEWAY FROM 20 FEET TO 0 FEET IN ORDER TO EXTEND THE DRIVEWAY FOR ADEQUATE FIRE PROTECTION FOR A PROPOSED CHIROPRACTIC CLINIC, GENERALLY LOCATED AT 6431 HIGHWAY 65 (WARD 2): Mr. Burns, City Manager, noted that this variance was approved by the Appeals Commission at their December 23, 1998 meeting. Staff recommended Council's approval as well. APPROVED VARIANCE REQUEST THAT WILL DECREASE THE REQUIRED SETBACK FOR THE PROPOSED CHIROPRACTIC CLINIC FROM 20 FEET TO 0 FEET. 4. MOTION TO AUTHORIZE STAFF TO SOLICIT PROPOSALS FOR YARD WASTE TRANSFER SERVICES: Mr. Burns, City Manager, explained that the City is happy with their current contractor. However, they also want to make certain that the rates are competitive. This action would allow them to do so. AUTHORIZED STAFF TO SOLICIT PROPOSALS FOR YARD WASTE TRANSFER SERVICES WITH CHANGE IN DATE OF CONTRACT TO 1999. 5. APPROVE 1999 DEVELOPMENT REVIEW SCHEDULE FOR PLANNING COMMISSION AND CITY COUNCIL ACTION: APPROVED 1999 DEVELOPMENT REVIEW SCHEDULE FOR PLANNING COMMISSION AND CITY COUNCIL ACTION. 6. RECEIVE PROPOSALS AND AWARD CONTRACT FOR THE DESIGN AND CONSTRUCTION/INSPECTION FOR THE RIVERVIEW TERRACE IMPROVEMENT PROJECT NO. ST. 1999-1: Mr. Burns, City Manager, explained that the City received five responses to their request for proposals for the Riverview Terrace Improvement Project. Of the five, Orr, Schelen, Mayeron & Associates was being recommended for Council approval. OSM has agreed to an early year project start, and has further agreed to deduct $10,000 from their design fee if they do not achieve a March advertising date. The cost for the design of the Riverview Heights project was not to exceed $66,000. The cost for construction supervision and inspection is an amount not to exceed $150,000. RECEIVED PROPOSALS AND AWARDED CONTRACT FOR THE DESIGN AND CONSTRUCTION/INSPECTION FOR THE RIVERVIEW TERRACE IMPROVEMENT PROJECT NO. ST. 1999-1 TO ORR, SCHELEN, MAYERON & ASSOCIATES WITH TERMS AT A COST NOT TO EXCEED $66,000 FOR FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 4 DESIGN OF RIVERVIEW TERRACE AND A COST NOT TO EXCEED $150,000 FOR CONSTRUCTION SUPERVISION AND INSPECTION. 7. RESOLUTION 1-1999, AUTHORIZING FLOOD DAMAGE AGREE-MENTS ASSOCIATED WITH THE RIVERVIEW TERRACE IMPROVEMENT PROJECT NO. ST. 1999-1: Mr. Burns, City Manager, explained that this resolution would authorize staff to seek DNR funding for acquisition of properties near the intersection of 79t'` Way and Riverview Terrace. The properties are needed to construct water quality and flood improvement projects associated with the Riverview Heights Street Improvement Project. ADOPTED RESOLUTION 1-1999, AUTHORIZING FLOOD DAMAGE AGREEMENTS ASSOCIATED WITH THE RIVERVIEW TERRACE IMPROVEMENT PROJECT NO. ST. 1999-1. 8. RESOLUTION NO. 2-1999, IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIGHWAYS IN THE CITY OF FRIDLEY, MINNESOTA: Mr. Burns, City Manager, explained that this resolution would establish load limits on City streets between March 15 and May 15, 1999. These load limits will restrict the weight of vehicles at a time when the base beneath the streets would be experiencing spring thaw. ADOPTED RESOLUTION NO. 2-1999, IMPOSING LOAD LIMITS ON PUBLIC STEETS AND HIGHWAYS IN THE CITY OF FRIDLEY, MINNESOTA. 9. RESOLUTION NO. 3-1999, DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY: Mr. Burns, City Manager, noted that staff recommended that Council appoint the Public Works Director and Assistant Public Works Director as the City's representatives to the Suburban Rate Authority in 1999. This would be a continuation of the existing arrangement. ADOPTED RESOLUTION NO. 3-1999, DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY WITH AN AMENDMENT, CHANGING THE DATE IN THE RESOL UTION FROM 1998 TO 1999. 10. RESOLUTION NO. 4-1999, IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR TOTINO- GRACE HIGH SCHOOL (SHARX CLUB)(WARD 3): Mr. Burns, City Manager, explained that this was a renewal which e�tends from April 1, 1999 to March 31, 2001. The Fridley Police Department has no problems with the pull- tab operation at this location. FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 5 ADOPTED RESOLUTION NO. 4-1999, IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR ToTnvo-GRacE xlGx scxooL �sxa� cLUB��waRn 3�. 11. RESOLUTION NO. 5-1999, IN SUPPORT OF AN APPLICATION FOR MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR TOTINO- GRACE HIGH SCHOOL (SPIKER' S GRILLE AND BEACHCLUB)(WARD 2): Mr. Burns, City Manager, explained that this was also a renewal. The Fridley Police Department has no problem with the pull-tab operation at this location. ADOPTED RESOLUTION NO. 5-1999, IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR TOTINO-GRACE HIGH SCHOOL (SPIKER' S GRILLE AND BEACHCLUB)(WARD 2). 12. RESOLUTION NO. 6-1999, DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY: Mr. Burns, City Manager, noted that this resolution would appoint Norwest Bank N.A. as the City's official depository for 1999. ADOPTED RESOLUTION NO. 6-1999, DESIGNATING NORWEST BANK N.A. AS THE OFFICIAL DEPOSITORY FOR THE CITY OF FRIDLEY. 13. RESOLUTION NO. 7-1999, DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 1999: Mr. Burns, City Manager, noted that this resolution would designate Focus News as the official newspaper for the City of Fridley for 1999. It would also name Star Tribune as the City's second official newspaper for 1999. ADOPTED RESOLUTION NO. 7-1999, DESIGNATING THE FOCUS NEWS AS THE OFFICIAL NEWSPAPER FOR THE CITY OF FRIDLEY FOR 1999 AND THE MINNEAPOLIS STAR TRIBUNE AS THE CITY' S SECOND OFFICIAL NEWSPAPER FOR 1999. 14. APPROVE CITY OF FRIDLEY PAY EQUITY IMPLEMENTATION REPORT: Mr. Burns, City Manager, noted that Sara Hill, Human Resources Manager, prepared the Pay Equity Report in compliance with the Local Government Pay Equity Act. Staff requested Council's approval. APPROVED CITY OF FRIDLEY PAY EQUITY IMPLEMENTATION REPORT. FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 6 15. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, explained that after reviewing forty applicants for the position of Staff Accountant, staff recommended the appointment of internal candidate, Craig Ellestad. Craig has an accounting degree from Augsburg University and has worked successfully for the City as Accountant over the past six years. APPROVED APPOINTMENT OF CRAIG ELLESTAD TO THE POSITION OF STAFF ACCOUNTANT FOR THE CITY OF FRIDLEY. 16. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 84756 THROUGH 84918. 17. LICENSES: APPROVED LICENSES AS SUBMITTED. 18. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Knaak, PLC 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of December, 1998 $4,250.00 MOTION by Councilmember Billings to approve the adoption of the consent agenda with the changes in dates as noted in Item 4 and Item 9. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the adoption of the agenda. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 7 PUBLIC HEARINGS: 19. ZONING TEXT AMENDMENT, ZTA #98-03, BY THE CITY OF FRIDLEY, TO AMEND THE ZONING CODE TO ALLOW DAYCARE CENTERS IN PLACES OF WORSHIP, SCHOOLS OR OTHER BUILDINGS HAVING A LOT AREA OF AT LEAST 12,000 SQUARE FEET, LOCATED ON A LOCAL ACCESS STREET IN THE R-1, R-2, R-3 AND R-4 ZONING DISTRICTS, AS A SPECIAL USE, WITH SPECIFIC PERFORMANCE STANDARDS: MOTION by Councilmember Billings to waive the reading and open the public hearing at 8:03 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:03 P.M. Mr. Scott Hickok, Planning Coordinator, stated that staff has applied for this te�t amendment to the City Zoning Code to allow daycare centers in places of worship, schools and other buildings having a lot area of at least 12,000 square feet and being located on a local access street in the R-1, R-2, R-3 and R-4 zoning districts, as a special use with specific performance standards according to code. In addition to the current performance standards identified in the code for daycare centers, additional performance standards were recommended in order to have a daycare center on a local access street. These include having a minimum lot size of at least 12,000 square feet, adequate area for a playground, adequate and safe vehicle access areas to drop off and pick up children, and compliance with County and State standards regulating daycare centers. Mr. Hickok noted that the request was being made after being approached by different churches asking staff to investigate the possibility of amending the zoning ordinance to permit them to operate daycare centers when the facility abuts a local access street. Currently, daycare centers are allowed in facilities as long as they are located on arterial or collector streets under a special use. He noted that daycare centers are also permitted in other zoning districts, provided they obtain required permits. Mr. Hickok explained that a questionnaire was mailed out to 254 households within 350 feet of all churches within the City. Of the 98 responses, 72 percent of the respondents indicated that they would support a zoning change to allow daycare centers in churches located on local access streets. Nearly 12 percent indicated that they have had difficulty finding daycare in the City. However, 38 percent noted concern in allowing daycare centers on local access streets due to increased traffic, traffic speed, parking and safety of children. A brief discussion followed with regard to the wording in the zoning te�t amendment. Councilmember Billings asked if it was necessary to state the types of buildings that daycare centers would be allowed in. Mr. Hickok noted that the intent would be the same. However, he believed that the language would help to provide clarification. He also noted that should a church choose to operate a daycare center in their facility, the church would be required to obtain a special use permit, which would also require a public hearing. FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 8 Councilmember Bolkcom asked about parking requirements for daycare facilities. Mr. Hickok responded that the City has in place a local standard ordinance which would assist them in determining the number of required parking spaces, based on the specific building size. Staff also utilizes an Institute of Traffic Engineers (ITE) source, which takes into consideration various aspects of the business, such as peak hours, etc. With no further questions, there was a MOTION by Councilmember Bolkcom to close the public hearing at 8:29 p.m. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:29 P.M. 20. CONSIDER APPLICATION TO THE MINNESOTA TRADE AND ECONMIC DEVELOPMENT'S MINNESOTA INVESTMENT FUND BY HARKER'S DISTRIBUTION INC., 7501 COMMERCE LANE N.E.: MOTION by Councilmember Bolkcom to waive the reading and open the public hearing at 8:30 p.m. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:30 P.M. Ms. Barbara Dacy, Community Development Director, explained that Harker's Distribution Inc. requested that the City sponsor an application to the Department of Trade and Economic Development (DTED) for the purpose of obtaining Minnesota Investment Funds in the amount of $45,000 to assist with the purchase of new machinery and equipment. Harker's is a privately- owned meat processing and distribution business. They purchased the property at 7501 Commerce Lane in the fall of 1998. They intend to produce custom cuts of ineat for fine dining establishments and restaurants, as well as serve some other customers in the Midwest. As part of Harker's proposed expansion they intend to purchase appro�mately $100,000 in new equipment and machinery. Additionally, they intend to spend an additional $200,000 for remodeling of the interior of the building. They plan to create twenty new jobs at the location, and in two years, they may also expand the business. The grant of $45,000 would be a forgiven loan with a term of two years at five percent interest. If they are able to meet all of the job creation goals, the company would not need to repay the loan. Ms. Dacy noted that this application was consistent with past applications that the City has made on behalf of companies for DTED funds. Ms. Dacy noted that the petitioner was not able to be present at the meeting, but he did submit some written comments, which she distributed to Council. MOTION by Councilmember Bolkcom to receive into the record the letter from Harker's Distribution Inc. Seconded by Councilmember Billings. FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 9 UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Pro Tem Barnette asked what obligations the City has with regard to this loan. Ms. Dacy responded that there were no obligations on the part of the City. The City would act as a sponsor, putting together all of the paperwork and seeing that Harker's complies with the job and wage goals. The City does not have any financial obligations. With no further questions, there was a MOTION by Councilmember Bolkcom to close the public hearing at 8:36 p.m. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:36 P.M. NEW BUSINESS. 21. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.07.O1C. (4), 205.08.O1.C. (4), 205.09.O1.C. (3), AND 205.10.O1.C. (4), TO ALLOW, BY SPECIAL USE PERMIT, DAYCARE FACILITIES ON PROPERTIES THAT EXCEED 12,000 SQUARE FEET IN THE R-1, SINGLE FAMILY DISTRICT; R-2, TWO FAMILY DISTRICT; R-3, GENERAL MULTIPLE UNIT DISTRICT; AND R-4, MOBILE HOME PARK DISTRICT: MOTION by Councilmember Billings to approve the first reading of an ordinance recodifying the Fridley City Code, Chapter 205, entitled "Zoning", by amending Sections 205.07.O1.C. (4), 205.08.O1.C. (4), 205.09.O1.C. (3), and 205.10.O1.C. (4), to allow, by special use permit, daycare facilities on properties that exceed 12,000 square feet in the R-, Single Family District; R-2, Two Family District; R-3, General Multiple Unit District; and R-4, Mobile Home Park District and to waive the reading thereof. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 22. RESOLUTION NO. 8-1999, AUTHORIZING THE CITY OF FRIDLEY TO ACT AS THE LEGAL SPONSOR FOR AN APPLICATION TO THE DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT ON BEHALF OF HARKER'S DISTRIBUTION INC. FOR MINNESOTA INVESTMENT FUNDS: Ms. Dacy noted that a minor correction to Resolution No. 8-1999 found on Page 22.02 of the agenda. The third paragraph, line 6 should be changed to read "... Compliance Section (S-7) of the Business and Community Development ..." MOTION by Councilmember Bolkcom to approve the adoption of Resolution No. 8-1999, A Resolution Authorizing the City of Fridley to Act as the Legal Sponsor for an Application to the Department of Trade and Economic Development on Behalf of Harker's Distribution Inc. for FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 10 Minnesota Investment Funds, as amended, and to waive the reading. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 23. VARIANCE REQUEST, VAR #98-33, BY ROBERT GRANGER, TO INCREASE THE ALLOWABLE ENCROACHMENT INTO THE REAR YARD SETBACK FROM 10 FEET TO 17 FEET TO ALLOW THE CONSTRUCTION OF AN OPEN DECK, GENERALLY LOCATED AT 6310 SEVENTH STREET N.E. (WARD 1): Mr. Hickok, Planning Coordinator, explained that Mr. Granger was requesting a variance to increase the allowable encroachment in the rear yard setback from 10 feet to 17 feet to allow for the construction of an open deck, at his property located at 6310 Seventh Street N.E. Mr. Granger's hardship statement was that the requested deck would allow for greater usage of the livable area and would not change the character of the neighborhood in any way. Mr. Hickok stated that on a field visit staff noted that alternatives e�st which would allow the proposed deck to be constructed without a variance. The City has a 23-foot drainage and utility easement along the west side of the property, which would require a hold harmless agreement if the deck were built as proposed. Mr. Hickok provided a drawing of the site and the proposed deck. The proposed deck contained both an upper and lower platform with stairs coming off each side of the lower platform. Unfortunately, the steps coming off the lower platform would cause an encroachment beyond what is allowable. The alternative noted by staff would be to run the stairway off the north or south side of the upper deck; however, the petitioner has noted that with the window configuration he would prefer to construct the steps as originally proposed. Councilmember Billings noted that this case was a difficult one for the Appeals Commission. He sincerely respected the decision of the Appeals Commission; however, contrary to their recommendation, he was in favor of the variance request. MOTION by Councilmember Billings to approve Variance Request, VAR #98-33, by Robert Granger, to increase the allowable encroachment into the rear yard setback from 10 feet to 17 feet to allow the construction of an open deck, generally located at 6310 Seventh Street N.E., with the stipulation that the petitioner present a Hold Harmless Agreement to the City of Fridley and that it be filed with Anoka County. Seconded by Councilmember Bolkcom. Councilmember Wolfe asked if the deck would run the full length of the house. Mr. Hickok noted that it would not run the entire length but would cover a substantial portion. Councilmember Wolfe noted, if this were the case, the stairway would likely be visible from the front of the house. Mr. Hickok responded that it was possible; however, the side yard setbacks are rather large, and it could be done without encroaching. He noted that there are a number of other homes in Fridley where this has been done. Mr. Granger stated that he designed the deck to be attractive. With the location of the windows, he really would rather not run the stairway on either side of the upper deck. FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 11 UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 24. VARIANCE REQUEST, VAR #98-34, BY SPIKER'S GRILLE AND BEACHCLUB, TO INCREASE THE MAXIMUM HEIGHT OF A SIGN TO 50 FEET, THE MAXIMUM SIZE TO 200 FEET, AND TO PLACE A FREE STANDING SIGN ON AN ENTRY DRIVE, GENERALLY LOCATED AT 7651 CENTRAL AVENUE N.E. (WARD 2): Mr. Hickok, Planning Coordinator, explained that Mr. Pelstring of Spiker's Grille & Beachclub requested a variance to increase the size of a pylon sign from 80 feet to 200 square feet, and to increase the ma�mum height of a pylon sign from 25 feet to 50 feet and to place a pylon sign adjacent to an entry driveway rather than locating it 10 feet from a driveway or property line. City Code requires that pylon signs be no more than 25 feet in height, that they be no more than 80 square feet in size, and that they be at least 10 feet from any entry drive or property line. The hardship statement of the petitioner was that this property is currently served and immediately adjacent only ne�t to the frontage road. In fact, the majority of the site is set back appro�mately 100 feet off the frontage road. As such, the property is 250 feet or more off either of the two major thoroughfares (Highway 65 and Osborne Road). The property is zoned for commercial development, and their use is appropriate for this zoning. It was consistent with commercial zoning that this type of site would typically have direct "road site" exposure. A sign variance would be needed to overcome this obstacle. They believe the physical location and separation from the roadways are unique within the City. The current configuration of the frontage road was completed prior to their acquisition of the site. The developments of the individual lots, which physically separate this site from the major thoroughfares, were all completed prior to their acquisition. They stated that they do not believe the signage would directly impact any residential development. Additionally, they believe that the area signage (i.e. the height of the Friendly Chevrolet sign and/or the "off-site" signage for Tam's Rice Bowl Restaurant) were very consistent and/or exceed their variance request. Mr. Hickok noted that the City has not granted any similar sign variances within the past ten years. The signs mentioned were both legal, non-conforming signs that had sign permits issued prior to the current sign ordinance being adopted. The Appeals Commission voted unanimously to deny this variance request. The Commission did, however, recommend that Council investigate a creative solution to the hardship as offered by the petitioner by whatever means possible even if it requires setting a precedent. Mayor Pro Tem Barnette asked if the 80 square foot sign limit applied also to rooftop signage. Mr. Hickok responded in the affirmative. Councilmember Bolkcom asked if there were any discussions on signage with the petitioner prior to construction. Mr. Hickok stated that this was a topic of discussion early on. Staff tried to steer the petitioner in another direction to avoid seeking a variance. He noted that the petitioner also explored the possibility of purchasing a 600-square foot parcel of land on the corner for a signage site. An 80 square foot sign on that parcel would give them the necessary exposure and FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 12 be adequate for their needs. Staff has informed them; however, that a lot split would not likely be approved for this purpose. Councilmember Billings asked when the statutory si�ty-day period expires on this variance request. Mr. Hickok responded that it would expire prior to Council's ne�t scheduled meeting on January 25. Mr. Pat Pelstring, Spiker's Grille & Beachclub, stated they believed that they had a unique business and a unique site. Finding the right site was difficult, and they understood it would be difficult when it came to identification. At least eighty percent of their income would be derived from the restaurant and lodge business. It would be very important for people to be able to find them. They have been trying all along to work with staff to come up with an acceptable solution to the problem. He stated that he could not find a similar situation to their's where the immediate access and visibility of the site was restricted and blocked entirely by buildings between the main thoroughfare and their building. Furthermore, the length of the entry road into their site is appro�mately 100 feet. The address of their site is 7651 Highway 65, which he feels will also likely cause some confusion. Mr. Pelstring discussed some of the options they have considered including the purchase of a small parcel of property on the corner. Councilmember Billings informed Mr. Pelstring that he also felt it would be very difficult for them to obtain a lot split for this purpose. Mr. Pelstring stated that an 80 square foot sign on top of their building would not provide them the visibility they need. Therefore, they requested a sign variance to increase the size from 80 square feet to 200 square feet, an increase in height from 25 to 50 feet and that they be allowed to place a sign adjacent to the entry drive. He noted that the Friendly Chevrolet sign is 47 feet high (225 square feet). With their facility located an additional 150 feet back, their sign would appear to be lower on the horizon than the Friendly Chevrolet sign, and their sign would be smaller. If they were allowed to construct a sign at a height of 45 feet with a total square footage of 120 square feet, it would meet their base sign requirements. The possibility of neon striping on their building was also discussed. Mr. Pelstring noted that while this would help, it would not identify the business, which they feel would be so important. Councilmember Bolkcom stated that granting a variance request such as this would set a huge precedence. The fact is that they knew when they wanted to move to the City what the City's requirements were regarding signage. Staff has continued to remind them of that. Mr. Pelstring stated that given the distance their property is located from the frontage road and the visual separation, he did not think the City would be setting a precedent as a hardship was very evident. City signage requirements would make it difficult for their business to compete with other restaurants in the area. Mr. Hickok reminded Mr. Pelstring that the Friendly Chevrolet sign was a pre-existing, non- conforming sign. When the business name changed, the only change that was made to the sign was the content. Therefore, they were not required to comply with the new signage requirements. FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 13 Councilmember Billings stated that he personally would not have an issue with the third portion of the variance request; however, he felt that the height issue was one of great concern. MOTION by Councilmember Billings to approve that portion of Variance #98-34, to locate a sign on entry driveway, which will require that sign is within 10 feet of driveway and/or property line. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to deny those portions of Variance #98-34, which would increase the height of a sign from 25 feet to 50 feet and increase the size of a sign from 80 square feet to 200 square feet. Seconded by Councilmember Billings (for discussion only). Councilmember Billings stated that this property was a somewhat unique site, but he could not support a motion to deny both of these portions of the variance request. Councilmember Bolkcom felt that perhaps Council should instruct staff to meet with the petitioner to look at some type of compromising size between 80 square feet and 200 square feet. Councilmember Billings stated that he would prefer to keep the size at 80 square feet and consider raising the allowable height to 35 feet. Perhaps the petitioner could further examine alternatives to the 25 foot height requirement by having a sign company assist him in determining how high a sign would need to be in order to provide adequate visibility. If the petitioner were agreeable, this item could be tabled; however, an agreement for a si�ty-day e�tension would be necessary by both parties. Mr. Pelstring stated that a si�ty-day e�tension would be acceptable. Councilmember Bolkcom asked to withdraw her motion. Councilmember Billings withdrew his second. MOTION by Councilmember Billings to table consideration of a portion of Variance #98-34 to increase the size of a sign from 80 square feet to 200 square feet and to increase the ma�mum height of a sign from 25 feet to 50 feet, in order to ascertain the necessary information to fully examine and study the request, and to e�tend the review period for City Council action an additional si�ty days and to notify the petitioner in writing of the si�ty-day e�tension as soon as possible. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 25. VARIANCE REQUEST, VAR #98-37, BY BRUCE BOGIE, MERCHANTS MAINTENANCE & CONSTRUCTION, TO INCREASE THE MAXIMUM LOT COVERAGE OF THE MAIN BUILDING AND ALL ACCESSORY BUILDNGS FROM 30 PERCENT TO 32 PERCENT; TO DECREASE THE DRIVE WIDTH FROM 25 FEET TO 23 FEET; AND TO DECREASE THE SETBACK FROM FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 14 THE ALLEY FROM 15 FEET TO 5 FEET, NINE INCHESE, TO ALLOW THE CONSTRUCTION OF AN EIGHT-UNIT APARTMENT BUILDING, GENERALLY LOCATED AT 5427 FOURTH STREET N.E. (WARD 3): Mr. Hickok, Planning Coordinator, explained that Mr. Bruce Bogie requested a variance to increase the maximum lot coverage of the main building and all accessory buildings from 30 percent to 32 percent; to decrease the drive width from 25 feet to 23 feet; and to decrease the setback from the alley from 15 feet to 5 feet 9 inches to allow the construction of an eight-unit apartment building at property located at 5427 Fourth Street. Staff recommended that the petitioner move the proposed main building two feet to the north to eliminate the need for the variance for the driveway width, which would decrease the side yard setback from 15 feet to 13 feet. Mr. Hickok presented a photograph of the site. There was a single family home on the property; however the property is currently vacant. Mr. Hickok read the petitioner's hardship statement. He noted that staff tried to work with the petitioner to scale back the size of the building to eliminate the need for variances. Because of the owner's desire to use slab on grade construction and make the units accessible, options to scale back the size of the development are very limited. Staff suggested to the petitioner that he reduce the number of units; however, the petitioner felt the current layout was the more desirable to the owners and prospective tenants. Additionally, staff would like the entire building to be moved two feet to the north, which would require a sideyard setback from 15 feet to 13 feet, but would allow the property to meet the required driveway width of 25 feet thus eliminating the need for that variance request. Mr. Hickok noted that staff received a telephone call from the resident north of the proposed apartment building who voiced concerns about granting any of the requested variances. The caller also voiced an opposition to moving the building two feet to the north. The neighborhood was notified of the proposal to provide them with an opportunity to speak on this issue if they wished to do so. MOTION by Councilmember Billings to concur with the recommendations of the Appeals Commission, approving the variance of the sideyard setback from 15 feet to 13 feet, the decrease in the alley setback from 15 feet to 5 feet 9 inches, and the increase in the lot size from 30 percent to 32 percent, and to further concur with the recommendation to deny that portion of Variance Request #98-37 to decrease the drive width from 25 feet to 23 feet. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 26. RESOLUTION NO. 9-1999, AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT RELATING TO THE ANOKA COUNTY JOINT LAW ENFORCEMENT CENTRAL RECORDS PROJECT: Mr. Dave Sallman, Public Safety Director, explained that the current Fridley Police Department computerized system was purchased in 1980. Appro�mately five years ago, staff began investigating the option of replacing the system at a cost of appro�mately $275,000; however, a FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 15 decision was made to hold out. Some interest was shown by other members of the Anoka County Joint Law Enforcement Council to pursue a joint project. The Anoka County Board approved contracts for a joint police record system software and to set up the system, project management during installation and a joint powers agreement with participating cities for the financing and management of the project. The expense would be considerably less than if the City replaced the e�sting system. Additionally, the County has agreed to provide $400,000 toward the total cost of the project, with the remaining costs divided up based upon a percentage of police calls for service. The final costs are not available; however, the estimates provided are likely high. Mr. Rick Pribyl, Finance Director, noted that funds have been set aside in the City's information systems fund for a number of years, which is where the initial funding will come from. He presented a breakdown of the total purchases by the County, which would be repaid by the City of Fridley over the ne�t four years. Additionally, he provided information regarding ongoing costs which would need to be paid annually by the City. Fridley's portion of the estimated cost of the system would be $125,581.83. Mr. Pribyl noted that at the present time, the City is paying approximately $17,000 per year just for hardware maintenance of the existing equipment. With the shared cost being considerably lower than what it would be for Fridley to purchase their own system, there was a MOTION by Councilmember Bolkcom to approve the adoption of Resolution No. 9-1999, Authorizing the Execution and Delivery of a 7oint Powers Agreement Relating to the Anoka County Joint Law Enforcement Central Records Project. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 27. APPROVE PROPOSED 1999 AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE E.T.C. FRIDLEY COMMUNICATIONS WORKSHOP, INCORPORATED (E.T.C. CHANNEL 33): MOTION by Councilmember Billings to concur in the agreement between the City of Fridley and E.T.C. Channel 33, as found on Pages 27.03 and 27.04 of the agenda. Seconded by Councilmember Wolfe. MOTION by Councilmember Billings to amend Item 6, line 5, found on page 27.03 to read "April l, 1999, July 1, 1999, October 1, 1999, and February 1, 2000. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MTOION CARRIED UNANIMOUSLY. Councilmember Billings noted that the agreement was prepared by E.T.C. They requested an amount of $45,300 for the year 1999. The City budgeted an amount to equal $43,554. E.T.C. Channe133 already executed the contract. Therefore, both parties must agree to it. MOTION by Councilmember Billings to amend Item 4, Line 1, of the Agreement to read "For the period of this agreement, the City will grant to ETC the amount of $43,554 from ..." Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 16 UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings noted that public access was now, and always has been, an essential aspect of our cable television franchise agreement with Paragon Cable and its predecessors. The City of Fridley has an agent to do the actual operation of the public access, which has been E.T.C. 33 for many years. As a part of the annual agreement with E.T.C., certain information must be provided to the City of Fridley on a quarterly basis. This would allow the City to monitor the effectiveness of its relationship with E.T.C. Channe133. In July 1998, E.T.C. did not provide any information on the services provided. In October 1998, E.T.C. provided some information but not the level of content that the City was accustomed to. In November 1998, the City requested additional information. As of the present time, E.T.C. Channel 33 had not provided that information. He felt that it was time to evaluate whether another operator could provide the same, or better, service at a lower cost. MOTION by Councilmember Billings to table indefinitely the 1999 agreement between E.T.C. and the City of Fridley. Seconded by Councilmember Wolfe. Councilmember Bolkcom asked what Councilmember Billings wished to do with the existing program, if the contract was tabled. The contract expired December 31, 1998. Councilmember Billings stated that if the agreement was tabled, he intended to authorize the City Manager to find someone to do the public access on a temporary basis and to prepare a request for proposals for public access, contacting the Fridley School District, Paragon Cable and E.T.C. Channe133, as well as anyone else who may be interested. Councilmember Bolkcom wondered if it would be of greater benefit to have a representative of E.T.C. Channe133 and a representative from Paragon Cable come to the City Council conference meeting on Monday evening, 7anuary 11 to discuss the matter in greater detail. Perhaps an option would be to e�tend the current agreement by thirty days and to review the situation. Fritz Knaak, City Attorney, stated that if the City agreed to something different than the agreement presented, it would require that E.T.C. Channel 33 also be in agreement to those changes. John King, 13355 Partridge Street, Andover, representing E.T.C. Channel 33 stated that several reports have been presented to the Cable Commission. A reply was written in response to the November request and delivered to the front desk/reception area. Ms. Becky Harvet, 13362 Partridge Street N.W., Andover, Chairperson for E.T.C. Channel 33 stated that their company received the letter from Brian Strand, Video Specialist. At that time, she contacted him and was referred to Mr. Burns. She spoke with Mr. Burns and told him it would be difficult for them to provide all of the information that the City was requesting. A follow-up letter also went out after that telephone conversation. E.T.C. Channel 33 has addressed a number of the questions and provided information; however, they noted it was difficult to report in the detail that has been requested, especially considering their staffing level. FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 17 Mr. King stated that he felt it had been unclear what information the City really needed. He wanted to meet personally with City staff to get a better idea as to what they would like to see. The type of reporting that the City requested was never requested before. Mr. King noted that actual productions at this time were down due to equipment problems so they had been doing a lot more community shows. Larry Hutchinson, Circle Pines, stated that he was a board member of E.T.C. Channel 33. He watched from the inside and saw the hard work that has gone into this channel over the years. Mayor Pro Tem Barnette stated that what the City wanted to know was how many Fridley residents were actually participating in the program. That is the information that had not been made available. Mr. Hutchinson noted that they currently lack the manpower to get this information together. Some of it the information would need to be obtained from past tapings, etc. Ms. Harvet also noted that it would take time to pull the information together. That type of responsibility could not be given to a new volunteer. Councilmember Bolkcom noted that this information had been requested over a six-month period. E.T.C. Channe133 should have had adequate time to provide the information. Councilmember Billings stated that one of the things he wanted to determine was how many residents were actually getting on the channel and exercising their free speech rights. He has often seen residents from other communities such as Andover, Centerville, Brooklyn Center and Brooklyn Park on the channel. He wondered if Fridley was actually paying for the north metropolitan area to exercise their free speech. It appeared that the channel is costing the City of Fridley appro�mately $6,000 to $10,000 for each resident's participation on E.T.C. Channel 33. If this was so, the product delivered by E.T.C. Channel 33 was not cost effective for the City of Fridley. That was why he was asking that this item be tabled for further consideration and discussion. Ms. Harvet stated that she would like the opportunity to work with the City on these issues before they choose to table this indefinitely. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings stated that he felt there were a number of options for continued programming. One option would be to offer E.T.C. Channel 33 an opportunity to e�tend the 1998 contract with all of the terms and conditions for a specified period of time. Another option would be to authorize the City Manager to enter into an agreement with someone else to provide temporary public access. Ms. Harvet stated that the ne�t scheduled board meeting for E.T.C. Channel 33 was on Wednesday, January 13� FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 18 Councilmember Bolkcom stated that she wanted a response to the information requested by the City. She wanted to have the information available at the Council Conference session on Monday, January 25. She felt this matter had been ongoing for some time and she wanted to get to the bottom of it. Ms. Harvet indicated that it would be highly likely that the E.T.C. Channe133 Board would agree to a thirty-day e�ension to the e�sting contract, e�ending it to January 31, 1999. MOTION by Councilmember Billings to agree to e�tend to E.T.C. Channel 33 a thirty-day e�tension of the 1998 agreement, through January 31, 1999, with the compensation at one-twelfth of the 1998 agreed upon compensation. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 28. 1999 FRIDLEY CITY COUNCIL AND STAFF APPOINTMENTS: MOTION by Councilmember Bolkcom to appoint Councilmember Barnette as Mayor Pro Tem. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to approve the re-appointments for the Anoka County Law Enforcement Council, the Association of Metropolitan Municipalities, the League of Minnesota Cities, School District Nos. 13, 14, and 16, and the Northstar Corridor Development Authority as printed on page 28.01 with the amendment that Councilmember Wolfe's name be substituted for Councilmember Schneider. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings noted that one vacancy exists for the North Metro Convention & Visitors Bureau. He asked Mr. Burns if this could be filled by William Champa, Management Assistant. Mr. Burns stated that he believed that would be acceptable. MOTION by Councilmember Billings to appoint William Champa as representative for the North Metro Convention & Visitors Bureau. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 29. INFORMAL STATUS REPORTS: There were no informal status reports. FRIDLEY CITY COUNCIL MEETING OF JANUARY 4, 1999 PAGE 19 ADJOURNMENT: MOTION by Councilmember Bolkcom to adjourn the 7anuary 4, 1999 Regular meeting of the City Council at 11:15 p.m. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE JANUARY 4, 1999 REGULAR MEETING OF THE CITY COUNCIL WAS ADJOURNED AT 11:15 P.M. Respectfully submitted, Tamara D. Saefke Nancy J. Jorgenson Recording Secretary Mayor