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01/25/1999 - 00000415THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 25, 1999 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 CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom MENIBERS ABSENT: None APPROVAL OF MINUTES: Re�ular Citv Council Meetin� of Januarv 4, 1999: MOTION by Councilmember Bolkcom to approve the minutes of the Regular City Council Meeting of January 4, 1999 as presented in writing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MINUTES OF JANUARY 6, 1999: RECEIVED PLANNING COMMISSION MINUTES OF JANUARY 6, 1999. 2. REPLAT, P.S. #98-04, BY N. G. NELSON, ONAN CORPORATION, TO REPLAT PROPERTY TO ACCOMMODATE THE DEVELOPMENT OF A WARE- HOUSING FACILITY, GENERALLY LOCATED AT 1400 73� AVENUE N.E. (WARD 3): THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA, FOLLOWING ITEM 22. FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 2 3. PLAT, P.S. #98-05, BY DAVE CARLAND, CSM PROPERTIES, INC. TO REPLAT PROPERTY FOR THE DEVELOPMENT OF VACANT LAND, (WARD 1): THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA, FOLLOWING ITEM 22. 4. VARIANCE REQUEST, VAR #98-40, BY WILLARD AND DONNA JOHNSON, TO ALLOW THE STORAGE OF A TRAVEL TRAILER ON A BLACKTOP DRIVEWAY IN THE FRONT YARD RATHER THAN IN THE SIDE OR REAR YARD, GENERALLY LOCATED AT 560 FAIRMONT STREET N.E. (WARD 3): THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA, FOLLOWING ITEM 22. 5. RECEIVE PROPOSALS AND AWARD CONTRACT FOR CURBSIDE RECYCLING SERVICES: Mr. Burns, City Manager, stated that the City recently solicited proposals for curbside recycling services. Two proposals were received; one from the City's current contractor, Waste Management, and one from Browning Ferris Industries (BFI). He noted that while the Waste Management proposal included a lower per household cost and a lower overall cost, staff recommended that Council award the contract to BFI. This recommendation was based mainly on the City's poor experience with Waste Management over the last two years as well as very positive recommendations of other communities that are currently using BFI. Staff recommended that Council authorize them to negotiate a three-year contract with BFI. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA, FOLLOWING ITEM 22. 6. APPROVE CHANGE ORDER NO. 3 FOR THE FRIDLEY COMMUNITY CENTER LOWER LEVEL PROJECT NO. 319: Mr. Burns, City Manager, stated that this change order provides $1,113 to change the location of a ballet rail in the dance floor area of the lower level. The rail was shown in the specifications in a location where it would have divided the dance floor area from the remainder of the lower level. Subsequently, it was installed but it was replaced with a different rail attached to the wall. Staff recommended Council approval of the change order. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA, FOLLOWING ITEM 22. FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 3 7. RECEIVE BID AND AWARD CONTRACT FOR UPGRADE OF THE CITY OF FRIDLEY'S WATER AND SEWER SCADA SYSTEM: Mr. Burns, City Manager, explained that staff recently advertised for and received bids for the upgrading of the City's SCADA system. SCADA is the computer system that records and coordinates the operation of our water, sewer and storm sewer systems. The upgrade would make the existing system Year 2000 compliant. It would also tie in the sewer and storm sewer lift stations to the e�sting system. The $184,375 contract to Automatic Systems Company of Roseville would include both additional hardware and software. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA, FOLLOWING ITEM 22. 8. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE ANOKA COUNTY CONSERVATION DISTRICT FOR WETLAND CONSERVATION ACT REIMBURSEMENT: Mr. Burns, City Manager, explained that this agreement would enable the City to receive portions of Anoka County's Block Grant for administering the Wetland Conservation Act. This year, Fridley expects to receive $197. APPROVED MEMORANDUM OF UNDERSTANDING WITH THE ANOKA COUNTY CONSERVATION DISTRICT FOR WETLAND CONSERVATION ACT REIMBURSEMENT. 9. RESOLUTION NO. 10-1999, ORDERING IMPROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST. 1999-10 (SEALCOAT): Mr. Burns, City Manager, noted that the 1999 sealcoating program is planned for areas north of Osborne Road and west of University Avenue, excluding the area to be covered by the Riverview Heights Street Improvement Project. It would also cover Melody Manor and a small area south of 73rd Avenue. The City has budgeted $160,000 in the General Capital Improvements Budget for this purpose. APPROVED ADOPTION OF RESOLUTION NO. 10-1999, ORDERING IMPROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVMENT PROJECT NO. ST. 1999-10 (SEALCOAT). FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 4 10. RESOLUTION NO. 11-1999, ORDERING ADVERTISEMENT FOR BIDS: 1999 — REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB AND GUTTER AND SIDEWALK PROJECT NO. 322: Mr. Burns, City Manager, explained that this program would cover remedial sidewalk, curb and gutter repair that may occur as a result of utility repairs or driveway entrance permits. The bids received would be defined in unit terms. APPROVED ADOPTION OF RESOLUTION NO. 11-1999, ORDERING ADVERTISEMENT FOR BIDS: 1999 — REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB AND GUTTER AND SIDEWALK PROJECT NO. 322. 11. RESOLUTION NO. 12-1999, ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: SANITARY AND STORM SEWER REPAIR PROJECT NO. 320: Mr. Burns, City Manager, stated that this 1999 project includes lining of 3,317 feet of 12- inch sanitary sewer on portions of Madison Street and 68t'` Avenue. It would also include 314 feet of 10-inch sanitary sewer that connects to the sewer on 68t'` Avenue and runs beneath Highway 65. APPROVED ADOPTION OF RESOLUTION NO. 12-1999, ORDERING IMRPOVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISE- MENT FOR BIDS: SANITARY AND STORM SEWER REPAIR PROJECT NO. 320. 12. RESOLUTION NO. 13-1999, AUTHORIZING THE ISSUANCE OF $2,140,000 IN COMMERCIAL DEVELOPMENT REVENUE BONDS (COLUMBIA PARK PROPERTIES): Mr. Burns, City Manager, noted that this resolution would replace commercial development revenue bonds previously issued for Columbia Park Properties in 1992. This would be the second refinancing of bonds for Columbia Park Properties. The resolution has been prepared by Columbia Park's bond council and reviewed by the City's bond council. All costs incurred by the City would be reimbursed. He noted that the City was simply the conduit for these bonds and not a guarantor. APPROVED ADOPTION OF RESOLUTION NO. 13-1999, AUTHORIZING THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS (COLUMBIA PARK PROPERTIES). FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 5 13. RESOLUTION NO. 14-1999, AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO (PUBLIC WORKS MAINTENANCE) FOR 1999 AND 2000: 14 15. Mr. Burns, City Manager, explained that this agreement was with the International Union of Operating Engineers, Local Union #49. It provided for the same benefits as afforded to other employees except that it does provide for a five percent cost of living adjustment in 1999. After reviewing wage survey data, staff concluded that wages for Fridley's Public Works employees were below the average for similar employees in other cities. Staff also concluded that in order to attract and keep good employees in a very competitive labor market, competitive wages need to be paid. Therefore, staff recommended that this group be given a higher wage adjustment than the three percent that was provided for other employee groups. The contract was a two-year contract and provided for a three percent wage increase in the second year. APPROVED ADOPTION OF RESOLUTION NO. 14-1999, AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO (PUBLIC WORKS MAINTENANCE) FOR 1999 AND 2000. RESOLUTION NO. 15-1999, AUTHORIZING A CHANGE IN MILEAGE REIMBURSEMENT RATES FOR THE 1999 CALENDAR YEAR: Mr. Burns, City Manager, stated that staff recommended that the City's mileage reimbursement rate be lowered from $0.325 per mile to $0.310 per mile. It would be in keeping with a recent IRS action and presumably reflects reduced costs for fuel. APPROVED ADOPTION OF RESOLUTION NO. 15-1999, AUTHORIZING A CHANGE IN MILEAGE REIMBURSEMENT RATES FOR THE 1999 CALENDAR YEAR. RESOLUTION NO. 16-1999, APPOINTING A YEAR 2000 PROJECT COORDINATOR: Mr. Burns, City Manager, explained that the official appointment of a Y2K Coordinator is in response to the League of Minnesota Cities recommendations and requirements for additional Y2K liability coverage. He asked that Council appoint him to this position. APPROVED ADOPTION OF RESOLUTION NO. 16-1999, APPOINTING WILLIAM W. BURNS TO SERVE AS THE CITY'S YEAR 2000 PROJECT COORDINATOR. FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 6 16. APPROVE AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEY AND NEWQUIST & EKSTRUM, CHARTERED, AND CARL J. NEWQUIST: Mr. Burns, City Manager, stated staff recommended that Carl Newquist be appointed for another three-year term as the City's Prosecuting Attorney. The contract would run through the year 2001. Mr. Newquist's hourly rate would rise from $75 per hour to $80 per hour under the terms of the contract. All other terms would remain the same. Staff surveyed other cities and found the contract price was equitable. APPROVED AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEY AND NEWQUIST & EKSTRUM, CHARTERED, AND CARL J. NEWQUIST. 17. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that staff recommended the appointment of Juliana Vogel as the City's new Staff Accountant to replace Craig Ellestad who moved to the other accountant position. He noted that Julie has a Bachelor's of Science Degree in Accounting from the University of Minnesota-Duluth and has most recently worked as Senior-in-Charge Auditor with Larson, Allen & Weishair. She also worked for more than eleven years as a local auditor for the Office of the State Auditor. Julie is a licensed Certified Public Accountant. APPROVED THE APPOINTMENT OF JULIANA VOGEL TO THE POSITION OF STAFF ACCOUNTANT WITH THE CITY OF FRIDLEY. 18. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 84919 THROUGH 85257. 19. LICENSES: APPROVED LICENSES AS SUBMITTED. 20. ESIMATES: APPROVED ESTIMATES AS FOLLOWS: Newquist & Ekstrum, Chartered 6401 University Avenue N.E. 301 Fridley Plaza Office Building Fridley, MN 55432 FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 7 Services Rendered as City Prosecuting Attorney for the Month of October 1998 $15,966.25 Councilmember Bolkcom asked that Items 2, 3, 4, 5, 6 and 7 be removed from the consent agenda. MOTION by Councilmember Barnette to approve the consent agenda, without Items 2, 3, 4, 5, 6, and 7. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Mayor Jorgenson suggested that Items 2, 3, 4, 5, 6 and 7 be placed on the regular council agenda, immediately following Item 22. MOTION by Councilmember Bolkcom to approve the adoption of the agenda AS AMENDED. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DELCARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. 7ack Velin, Mr. Arlo Schweikert, Mr. Bill Larson, and Mr. Virgil Haugen were present from the Fridley American Legion #303 to present a check to Mr. Scott Lund, Chairman of the SOt'` Anniversary Task Force Committee in the amount of $10,000. Mr. Lund, on behalf of the SOt'` Anniversary Task Force Committee, expressed his deep appreciation for the generous contribution. He noted that a significant portion of these funds would be put toward six monument signs on the major street corridors welcoming people into the City of Fridley. The American Legion was planning to sponsor an essay contest titled "Why I Like to Live in Fridley" for the younger residents of Fridley. A monetary prize will be awarded. Mr. Lund provided information with regard to other planned events scheduled in 1999, noting that information with regard to these events would be available in Focus News and the City newsletter. He again thanked the American Legion for their contribution to this event. Councilmember Barnette noted that a Fridley All-School Reunion was being planned. Up-to-date class lists were being sought for all forty graduating classes. He noted that these lists could be sent to the Municipal Center. Mayor 7orgenson informed residents that the National Commander was planning to be at the Fridley American Legion on Sunday, January 31 at 1:30 p.m. Lunch was to be served, and reservations were required. FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 8 Mayor Jorgenson noted that a large number of youth were present from the Spring Lake Park High School political science class. She welcomed them. OLD BUSINESS: 21. VARIANCE REQUEST, VAR #98-34, BY SPIKERS 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) (TABLED JANUARY 4, 1999): Mr. Hickok, Planning Coordinator, noted that this item was tabled at the January 4, 1999 City Council meeting, where Council directed staff to meet with the petitioners on site and further evaluate the situation to provide additional information to Council about the hardship claimed by the petitioner and the sign sizes being discussed. Mr. Hickok provided photographs of a field exercise illustrating signage from various distances and various directions. This exercise was provided to depict how visible signage would be from various areas and to clarify the petitioner's request for variances. Mr. Hickok also provided photographs of other similar properties with similar conditions such as Sam's Club, Bachman's, Crysteel, Menards and the Moose Club. To further illustrate the desire of Council to maintain some type of sign code, Mr. Hickok provided photographs of nearby communities whose signage created an obscurement, thereby making any one sign difficult to read, while traveling at a higher rate of speed. Mr. Hickok noted that the petitioner does not meet the criteria required by the sign code to grant the variance for size or height. Therefore, staff recommended that the signage be limited to 80 square feet, with a 25-foot ma�mum height, which they believed was adequately visible for persons traveling along Highway 65. The location ne�t to the driveway appeared to be the optimal on-site location for a sign of this size. He noted that staff believed rooftop sign would be a preferred type of sign for this site. Rooftop signs are allowed to replace a free standing sign. It gives the height and visibility in addition to eliminating the variance for a pylon sign. Mayor Jorgenson stated that the driveway leading to Spikers is located on a frontage road and that she has noted that patrons apparently do not realize this and are not yielding to those on the frontage road. She asked if there was a way to address this issue, perhaps by providing a stop sign at the end of the driveway. Mr. Hickok noted that this could be mentioned to the Public Works Department to see what options are viable. Councilmember Billings inquired about the photograph with the overlay of a rooftop sign, which had been presented. He asked if the example was an accurate illustration of the size of the sign in relation to the size of the building. Mr. Hickok responded that the illustration was merely to show where the signage could be placed and that it was far larger than what would be allowed by FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 9 code. He noted that the backdrop for rooftop signage would be the screening for the mechanical equipment. They could utilize the maximum 80 square feet of signage as they wish. Neon banding would be allowed across the rooftop screening without being considered as part of their signage. He noted that there were no other signs of the rooftop height in that location. Councilmember Wolfe stated it was his understanding that Council would possibly look at some type of compromise between the height requested in the variance request and the height allowed under the sign code. A compromise in height (37.5 feet) appears to him to be more visible than the 25-foot height allowed. Councilmember Bolkcom stated that she did not feel the pictures reflected a substantial visual difference. Mayor 7orgenson stated that she was concerned that approving this variance would set a precedent in the community. Councilmember Wolfe stated that he felt the location of the property made it a unique situation. Councilmember Bolkcom noted that the petitioner was aware of the City's sign code from the beginning. She felt that approving this ordinance would set a precedent, and it would create too much visual clutter. She was not able to see the hardship, as there are other options for them. Councilmember Barnette asked if there were provisions in the City Code to allow for a smaller directional sign on Osborne Road to direct patrons to the site. Mr. Hickok stated there were no provisions for signs located off site; however, there was a provision for informational signage on site. An internally lit four square foot entrance sign could be placed on the property. Mayor Jorgenson asked if the rooftop sign on Old Country Buffet was comparable to a rooftop sign for Spikers. Mr. Hickok noted that it would be very similar and would use the rooftop screening as a backdrop for the sign. Mayor Jorgenson noted that the rooftop air conditioner units on the Spikers building were very visible from Highway 65. She felt that with some illumination the sign would be very visible. Councilmember Billings found this location to be significantly different than most or all of the examples provided by staff. Almost all of the other examples have direct frontage on a frontage road without the obstruction of buildings directly in front of them. He found this site different and felt that this situation did meet the hardship requirements. He was be willing to look at some type of variance. Even with an 80-square foot sign on the rooftop, he felt it would not be sufficient. Mayor Jorgenson stated that she felt a rooftop sign would be adequate and would provide them with the best advantage. Councilmember Billings stated that he believed the rooftop signage for Old Country Buffet was considerably larger than what would be allowable for the Spikers property, as it was FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 10 grandfathered in prior to the existing sign ordinance. He was willing to consider something similar in size to the signage of Old Country Buffet. Councilmember Wolfe stated he felt that an 80 square foot sign, set back 120 feet, would not provide adequate visibility. Councilmember Bolkcom stated that she may be willing to consider a rooftop sign with the possibility of a smaller sign also located in the driveway area with a height not exceeding 25 feet. Mr. Pat Pelstring, Spikers Grille & Beachclub, stated that he believed the main problem for their customers was in finding the entrance to their property. He noted that visibility would be different in the spring and summer months than what the photographs show now, as the trees would have foliage and thus create a greater visibility problem. The property is unique in that it is removed from the frontage road, removed from the highway and does not have a direct access from the frontage road. The unique location of the property thus generates a hardship. If they were to utilize a rooftop sign, he felt they would need in excess of a 200 square foot sign. This, however, would not help identify the entrance to the property, which, again, is a concern. Mr. Pelstring noted that they could agree to reduce the request from 200 square feet to 80 square feet, provided that Council agreed to increase the allowable height from 25 feet to 40 feet (to the top of the sign). MOTION by Councilmember Billings to approve that portion of sign variance #98-34 to modify the ma�mum height of from 25 feet to 40 feet. Seconded by Councilmember Wolfe. Councilmember Billings stated he felt this was a compromise, which would be the least harmful to the City in terms of the sign ordinance. Councilmember Barnette stated that he went to the groundbreaking and voiced his concerns about the potential difficulty in adequately identifying the facility. At that time a representative of Spikers assured him that their facility was unique and that they would have a developed clientele. He asked what their plans would be if the variance was denied. Mr. Pelstring stated that they have not made any alternative decisions. They were reluctant to pursue the rooftop sign, as they did not feel the 80 square foot limit was anywhere close to the size that they felt was acceptable. Councilmember Bolkcom asked if a larger rooftop sign had been approved in the past. Mr. Hickok responded that no larger signs had been approved for rooftops. Mayor Jorgenson asked what the maximum height variance was, which had been allowed in the past. Mr. Hickok stated that he did not believe the City had granted any height variances after the current sign ordinance was put into place. In certain instances, larger signs have been approved for properties where there were two users where a second free standing sign has been given up in exchange. Additionally, the City has approved larger signs in cases where the original sign far exceeded the limits and the petitioner was installing new signage. FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 11 UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, BILLINGS, AND WOLFE VOTED AYE AND MAYOR JORGENSON AND COUNCILMEMBER BOLKCOM VOTED NAY. MAYOR JORGENSON DECLARED THE MOTION CARRIED. 22. APPROVE PROPOSED 1999 AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE E.T.C. FRIDLEY COMMUNICIATIONS WORKSHOP, INCORPORATED (E.T.C. CHANNEL 33) (TABLED JANUARY 4, 1999): Mayor Jorgenson explained that this item was tabled at the January 4, 1999 City Council meeting. E.T.C. met with staff and members of the City Council at the last Council conference session and provided additional information as requested. Councilmember Barnette stated it was his understanding that some of the board members of E. T. C. were getting paid; however, the information submitted to staff indicated differently. A representative of E.T.C., Larry Hutchinson, stated that no board members were getting paid. Councilmember Billings stated that a letter from Mr. Larry Hutchinson, which the Council received last fall, indicated that there was a change in the by-laws and that board members were allowed to be paid. Mr. Hutchinson stated that this was a recommendation; however, it was never approved at the general meeting. Mayor Jorgenson stated her appreciation to E. T. C. for information they put together for Council after the last regular City Council meeting. Councilmember Bolkcom stated that she felt the City should consider doing a request for proposal for a non-profit group to operate community access. She noted that she continued to have concerns about who the programs were reaching as well as who was a board member. At this time, it appeared that only three of the twelve board members resided in Fridley. She felt that there needed to be more involvement in the production of programs by people that live in Fridley, as there was a substantial amount of Fridley taxpayers' money being used to fund this access program. Mayor Jorgenson stated she was in agreement but felt that Fridley's situation was different than other communities. Many other communities are part of a larger group and are able to put together consortiums for running their public access, which is an advantage. Fridley had to decide if they wanted to be a"stand alone" community or become part of a larger group. Councilmember Billings felt that Council should consider having staff prepare a request for proposal and report the results of that to the Cable Television and Telecommunications Advisory Commission for them to analyze and to make a recommendation to Council. Based on the analysis of participation by Fridley residents in creating programming, he felt that the same level of public access could be provided to handle the e�sting needs of the citizens of Fridley at a significantly lower cost than E.T.C.'s cost of $45,000. FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 12 Mayor Jorgenson wondered if the same level of service could be provided at a lesser cost. She wanted to be able to support the First Amendment Rights of the citizens of Fridley. Furthermore, she felt that E.T.C. should be given the opportunity to restore the service to what it was previously. Councilmember Billings stated that E.T.C. had been the provider of public access for the City of Fridley for the past five years. During that time, service had been steadily declining. It was not necessarily a fault of the provider but perhaps due to changes in technology, which he felt, had lessened the need for public access. The interest in that type of programming was not the same as it was 25 years ago. The availability of staff and equipment at E.T.C. was greater than what he felt Fridley would ever need. Councilmember Bolkcom asked what could be used as benchmarks if the contract were to be approved. She asked if information would be required at regular intervals such as every three to six months, etc. Mayor Jorgenson stated that she felt it would be necessary to obtain information on regular intervals, requiring reports based on the work plan that they submitted. Councilmember Wolfe stated that he felt very strongly about the need for public access. He was also concerned about the number of residents versus non-residents who were involved at the time. E.T.C. indicated that they plan to get more residents from Fridley involved. He wanted to give E.T.C. another opportunity but would require that they submit regular reports on information for Council and staff to review. MOTION by Councilmember Billings that the City of Fridley refrain from entering into an agreement between the City of Fridley and E.T.C. for 1999. Seconded by Councilmember Barnette. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, BILLINGS AND BOLKCOM VOTED AYE AND MAYOR JORGENSON AND COUNCILMEMBER WOLFE NOTED NAY. MAYOR JORGENSON DECLARED THE MOTION CARRIED. Mr. Jerry Smith stated that he was a member of E.T.C., and believed the programming offered many options to Fridley youth. E.T.C. staff spent many hours assisting him with various projects, and he was not sure that the same level of service could be offered at a fraction of the cost. He felt that more youth could be involved in producing programs if they were aware of it. Mr. Jim Bauer, 7630 Baker Drive, stated that he was a former board member of E.T.C.. He stated that his family greatly benefited from public access. He asked that Council consider giving E. T. C. another chance. MOTION by Councilmember Billings to authorize the City Manager to enter into a temporary agreement with an agent of his choice to provide public access for the residents of Fridley until FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 13 such time as the results of a request for proposal and award of a permanent contract. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Jorgenson asked if this issue could be revisited at the February Council conference session. Mr. Burns stated that he would try to expedite the process in attempt to have the information for them at that time. MOTION by Councilmember Billings to authorize the City Manager, in conjunction with the Cable Television and Telecommunications Advisory Commission, to develop a request for proposal for public access, and to contact at a minimum Paragon Cable, School District No. 14 and E.T.C. Channe133 with that RFP. Seconded by Councilmember Barnette. Councilmember Bolkcom stated that it would be her desire to contact as many providers as possible. Mayor Jorgenson noted that the City would need to take a look at some mission statements as to where they would like to see public access be with the City of Fridley. 2. REPLAT, P.S. #98-04, BY N. G. NELSON, ONAN CORPORATION, TO REPLAT PROPERTY TO ACCOMMODATE THE DEVELOPMENT OF A WARE- HOUSING FACILITY, GENERALLY LOCATED AT 1400 73� AVENUE N.E: Mr. Hickok, Planning Coordinator, provided a diagram illustrating the site location of the subject property. At the time, the property consisted of four different tracts. The preliminary plat contained three lots, a public right-of-way and an outlot. To accommodate the proposed 400,000 square foot building, it would be necessary to replat the property, re-defining the parcel boundaries. Councilmember Wolfe noted that it came to his attention that employees of Medtronic had been parking their vehicles on 69t'` Avenue. He wondered if "No Parking" signs could be installed to prevent this from occurring. He stated that he was concerned that this problem would escalate due to the increased vehicles from the new development. In addressing the impact that the development at Onan would have on the situation, Mr. Hickok stated that the parking for the proposed development was really centered around the building. He believed that staff had effectively addressed on-site parking concerns there. However, if there was an e�sting problem in the area, it could be addressed with the Public Works staff. Mr. Hickok stated that it was staff's recommendation that Council approve the request for replatting of the property with the following stipulations: 1) A 20-foot utility easement should be provided along the easterly property line of the Onan property; 2) A road with a 60-foot right-of- way, 30 m.p.h. curves, and necessary cul-de-sacs or bubble should be identified to provide access FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 14 to the proposed lot splits; 3) the proposed access road will continue along the eastern edge of Lot 3 for a minimum of 150 feet in order to meet the lot width requirements; 4) The sewer services should be designed to service the proposed and future lots on the plat; 5) Sewer connection to the MCES interceptor will require MCES approval; 6) The water system should be designed to provide service to the e�sting and proposed lots; 7) Fire hydrants associated with the development will be flushed by City crews. Operation, maintenance and repair will remain with the property owners; 8) Storm water pond calculations need to be approved by the Engineering Department; 9) A storm pond agreement needs to be executed to include the outfall system for the pond; 10) A user fee will be required from the property owner for the storm system placed within the City right-of-way; 11) The storm water outlet pipe will require the repair of Stinson Avenue and the installation of B618 concrete curb and gutter; 12) The storm sewer pond design must be approved by the Rice Creek Watershed District; 13) Petitioner shall combine Outlot A with Lot 1, for tax purposes, before the final plat is approved; and 14)Petitioner shall notify the City of any contaminants that surface, for wellhead protection. MOTION by Councilmember Wolfe to approve Replat P. S. #98-04, and concur with staff's recommendation that the zoning code be M-2, except for Outlot A, which would be to be used as public right-of-way, with the stipulations as found on Page 2.05 of the agenda book Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, BILLINGS, WOLFE AND BOLKCOM VOTED AYE. MAYOR JORGENSON ABSTAINTED FROM VOTING. MAYOR JORGENSON DECLARED THE MOTION CARRIED. 3. REPLAT P.S. #98-05, BY DAVE CARLAND, CSM PROPERTIES, INC. TO REPLAT PROPERTY FOR THE DEVELOPMENT OF VACANT LAND, (WARD 1): Councilmember Billings noted that the agenda did not contain an illustration of the new lots after the proposed replatting. Mr. Hickok, Planning Coordinator, provided a diagram depicting the replatting information. The request was merely to take the e�sting lot and to subdivide it into two lots to allow for the development of another facility. Councilmember Billings asked why the required number of parking stalls was specified, taking into consideration that the building ownership/use could change in the future. Mr. Hickok stated that he felt the City needed to provide a service to petitioners when they come forward with a request. The location of the lot line was dependent upon the petitioner providing the required number of parking spaces. Therefore, it was felt that it was necessary to specify this. Councilmember Billings stated he believed that in the original replatting of the Northco Subdivision there was a stipulation referring to the number of driveway accesses available from 71gt Avenue. He believed that the language had been added to any subsequent replatting. FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 15 Mr. Hickok stated that he was not able to find any language restricting access to 71gt Avenue in the previous replat discussion. Councilmember Billings stated that it may have been discussed at a Council meetings. He believed that this had been discussed each time. MOTION by Councilmember Billings to approve the Replat #98-05, with the following stipulations: 1) The required 131 parking spaces shall be on site and usable; 2) A guardrail shall be provided between the roadway and retaining wall on the storm water pond; 3) A park dedication fee of $4,605 shall be paid prior to the issuance of a building permit; 4) The petitioner shall record a shared driveway Access and Maintenance Agreement; 5) A future 71gt Street Upgrade Assessment Agreement must be signed and filed with the City prior to issuance of a building permit for the newly created lot. Seconded by Councilmember Bolkcom. MOTION by Councilmember Billings to strike Stipulation #1 in its entirety and change it to read as follows: " 1. Any construction will require adequate parking to meet zoning code requirements." He believed this would communicate to the petitioner that the parking needs to be looked at. Seconded by Councilmember Bolkcom. MOTION by Councilmember Billings to add Stipulation #6 indicating that all the stipulations which applied to Northco Business Park St'` Addition that are appropriate to this replat be added as additional stipulations. Seconded by Councilmember Bolkcom. VOTE ON AMENDMENTS: UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. VOTE ON ORIGINAL MOTION: UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. VARIANCE REQUEST, VAR #98-40, BY WILLARD AND DONNA JOHNSON TO ALLOW THE STORAGE OF A TRAVEL TRAILER ON A BLACKTOP DRIVEWAY IN THE FRONT YARD RATHER THAN IN THE SIDE OR REAR YARD, GENERALLY LOCATED AT 560 FAIRMONT STREET N.E.: Councilmember Bolkcom stated that she would like to see the variance approved, with the stipulation that Council revisit the portion of the zoning code relating to travel trailers in the future. MOTION by Councilmember Bolkcom to approve Variance Request, VAR #98-40, for a period of two years, with the following stipulations: 1) The petitioner shall continue parking travel trailer as close to the garage as possible; and 2) The petitioner shall continue parking towing vehicle in garage when not in use. Seconded by Councilmember Barnette. Councilmember Billings stated that he empathized with this property owner and his situation. However, he could find other similar situations in which the City always enforced their rules. There are many residents in Fridley with trailers, and they have had to make accommodations on their properties or find alternate storage for them off-site. He felt there were many other similar FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 16 properties to this. Approving this variance would create a situation where many trailers would be parked in the front yards in Fridley. Mayor Jorgenson stated that she also felt there were other similar situations and that approving this variance would create further problems. However, she felt the City Code should be revisited on this issue. UPON A VOICE VOTE, COUNCILMEMBER BOLKCOM VOTED AYE AND MAYOR JORGENSON, AND COUNCILMEMBERS BARNETTE, BILLINGS, AND WOLFE VOTED NAY. MAYOR JORGENSON DECLARED THE MOTION FAILED. Councilmember Barnette asked how many other communities have similar ordinances. Mr. Hickok noted that many have similar ordinances. Mayor 7orgenson asked that this part of the City Code be reviewed by staff to determine whether or not it is realistic. Councilmember Bolkcom asked that staff check with other communities in regard to their code requirements for storage of travel trailers, snowmobiles/trailers, boats, etc. 5. RECEIVE PROPOSALS AND AWARD CONTRACT FOR CURBSIDE RECYCLING SERVICES: Ms. Julie Jones, Planning Assistant/Recycling Coordinator, stated that the City sought proposals for curbside recycling. Two proposals were received; one from Waste Management, and one from Browning Ferris Industries (BFI). The annual service cost from Waste Management was $202,037. The annual service cost from BFI was $210,667. Ms. Jones noted that earlier in the evening, staff received a letter from BFI adjusting their proposal to a lower amount. However, the recommendation from the Energy, Quality and Environmental Commission was based on the original proposals submitted. Their recommendation was to accept the BFI proposal for a three-year contract. The reasons for recommending the higher proposal were service concerns, SCORE funding implications, and e�tra services included in the proposal. Ms. Jones noted that the new reduced rate submitted by BFI reduced the difference between the two proposals to about $5,000. Councilmember Billings asked Mr. Fritz Knaak, City Attorney, whether a lower cost could be accepted after receiving the proposals. Mr. Knaak responded that it was acceptable. He further noted that the City was not required to contract with the lowest bidder but rather the lowest responsible bidder. If service has been a problem in the past, the City would not be obligated to contract with Waste Management. Councilmember Bolkcom asked if Ms. Jones had had an opportunity to review the letter from Waste Management, dated January 25, 1999. Ms. Jones stated she had reviewed the letter and FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 17 that the letter contains promises much the same as those promised months ago which have not been fulfilled. Mayor Jorgenson stated that she heard a number of complaints from residents as to the service of Waste Management with regard to missed pick-ups, debris left behind, etc. Mr. Ron Gersdorf, Waste Management, stated that he believed problems escalated during Waste Management's merger with USA Waste in mid-1998. He believed that any complaints regarding service had always been addressed in the past. They were prepared to offer the City a two-sort system, replacement of the containers, and assigned supervisors to work with City staff. Mr. Paul Rosland and Mr. Dave Wiggins of BFI were present. Mr. Rosland presented information as to the types of services their company offered. In addition, he assured Council that their company had an excellent service reputation and would be willing to work with the City to see that they were well satisfied. A discussion followed with regard to the two-sort versus three- sort method of pickup. Mr. Rosland stated that BFI was currently taking test loads at the time. If the system could be changed to a two-sort system there will be no changes to the contract costs. MOTION by Councilmember Bolkcom to find the proposal from BFI to be the most responsible proposal and direct staff to enter into a negotiation with exact costs for a three-year contract. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. APPROVE CHANGE ORDER NO. 3 FOR THE FRIDLEY COMMUNITY CENTER LOWER LEVEL PROJECT: Councilmember Bolkcom stated that she asked that this item be removed, as there was a discrepancy between information in the packet and the information provided by Mr. Burns. MOTION by Councilmember Bolkcom to approve Change Order No. 3 for the Fridley Community Center Lower Level Project No. 319. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE BID AND AWARD CONTRACT FOR UPGRADE OF THE CITY OF FRIDLEY'S WATER AND SEWER SCADA SYSTEM: Councilmember Bolkcom noted that the costs associated with this upgrade are substantial. She asked if it would accomplish what it was intended to accomplish. Mayor Jorgenson stated this would assist the City in providing data for the Clean Water Act. FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 18 Mr. Burns, City Manager, noted that it would also allow the City to monitor the various systems through computerized equipment and to help coordinate the operation of the different equipment. Councilmember Bolkcom asked if the system would be Year 2000 Compliant. Mr. Burns stated that he believed it would. MOTION by Councilmember Bolkcom to receive the bid and award the contract to Automatic Systems in the amount of $184,375. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 23. VARIANCE, VAR #98-31, BY MARK A. SMITH, MONEY XCHANGE, TO DECREASE THE MINIMUM LOT AREA FROM 20,000 SQUARE FEET TO 12,991 SQUARE FEET, TO DECREASE THE MINIMUM SIDE YARD SETBACK FROM 15 FEET TO 0 FEET, TO DECREASE THE MINIMUM SETBACK FOR A HARD SURFACE AREA FROM THE SIDE LOT LINE FROM 5 FEET TO 0 FEET, TO DECREASE THE MINIMUM SETBACK FOR A HARD SURFACE AREA FROM THE STREET RIGHT-OF-WAY FROM 20 FEET TO 1.5 FEET, TO ALLOW THE DEVELOPMENT OF A COMMERCIAL SITE, GENERALLY LOCATED AT 6301 HIGHWAY 65 N.E. (WARD 2): Mr. Scott Hickok, Planning Coordinator, presented a diagram illustrating the subject property. He noted that petitioner, Mark Smith, requested various variances to accommodate the development of a"street bank" Mr. Hickok discussed the variances which were being requested. He noted that the Appeals Commission recommended denial of all variance requests. Mr. Hickok proceeded to offer a list of stipulations which would be recommended by staff if Council should choose to approve the variance request. Mr. Jon Peterson, owner of the subject property located at 6301 Highway 65, stated that he viewed the matter as a third generation opportunity for the property. The variances would provide them with the ability to upgrade an e�sting building and landscaping. He asked that Council consider approving the variance request. Councilmember Barnette noted that staff received a number of comments from surrounding neighbors who were all in opposition to the proposed use. Additionally, the variances required in order to allow for this proposal were numerous. Mr. Peterson stated that if Council chose to deny the requests, he would solicit their input as to how this property could be redeveloped to attract favorable occupancy. MOTION by Councilmember Wolfe to deny Variance, VAR #98-31. Seconded by Council- member Bolkcom. FRIDLEY CITY COUNCIL MEETING OF JANUARY 25, 1999 PAGE 19 UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARD THE MOTION CARRIED UNANIMOUSLY. 23. INFORMAL STATUS REPORTS: There were no informal status reports. ADJOURNMENT: MOTION by Councilmember Bolkcom to adjourn the 7anuary 25, 1999 City Council Meeting at 11:40 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED AT 11:40 P.M. Respectfully submitted, Tamara D. Saefke Nancy J. Jorgenson Recording Secretary Mayor