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11/20/2000 - 00008781THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 20, 2000 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 7orgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: None STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of others with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meetin� of November 6, 2000 APPROVED Special City Council Meetin� of November 13, 2000 APPROVED FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 2 NEW BUSINESS: RECEIVE THE MINUTES FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 1, 2000: RECEIVED THE PLANNING COMMISSION MINUTES. 2. RESOLUTION No. 105-2000 APPROVING A LOT SPLIT, LS #00-05, BY IRENE AND DAVID VASECKA, TO SPLIT PROPERTY FOR THE PURPOSE OF CREATING TWO LOTS TO ALLOW CONSTRUCTION OF SINGLE FAMILY HOMES, GENERALLY LOCATED AT 5427 FOURTH STREET N.E. (WARD 3): Mr. Burns, City Manager, stated that the lot split would allow the owners to construct a single-family dwelling and a triplex on two newly created lots that meet all zoning requirements. The Planning Commission granted their unanimous approval to the request at their meeting on November 1, 2000. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 105-2000. 3. RESOLUTION NO. 106-2000 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS FOR THE NORTH CENTRAL BUSINESS PARK: Mr. Burns, City Manager, stated that in September, Council approved the splitting of Lot 1 of the Northco Business Park This action would split utility and street assessments for these parcels. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 106-2000. 4. RESOLUTION NO. 107-2000 APPROVING ADDENDUM NO. 1 TO THE ANOKA COUNTY JOINT LAW ENFORCEMENT COUNCIL AGREEMENT: Mr. Burns, City Manager, stated that Fridley is a participant in the Joint Law Enforcement Council, a countywide organization that is set up to deal with countywide law enforcement services. Its responsibilities include central dispatching, central record keeping, overseeing the County's Criminal Investigation Division (homicides and criminal se�ual conduct), and overseeing countywide training. This resolution adds the cities of St. Francis and Centerville to the council and adjusts the manner in which the County's four representatives of the 26 member council are selected. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 107-2000. 5. ESTABLISH A PUBLIC HEARING FOR DECEMBER 11, 2000, FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT: Mr. Burns, City Manager, stated that Fridley has been selected to receive $22,734 in Local Law Enforcement Block Grant money. This requires a local match of $2,526. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 3 Under terms of the grant, the City is required to assemble an advisory board to assist in identifying the use of the funds. This board consists of a representative of the City Prosecutor's Office, the Principal of the Fridley Middle School, a representative of the Anoka County Courts, and a representative of the Block Captain's Advisory Board. The City solicited input from this group which approved the list of items. The City proposed to hold the required public hearing on the use of the Block Grant money for these purposes on December 11, 2000. Staff recommended Council's approval. ESTABLISHED A PUBLIC HEARING FOR DECEMBER 11, 2000, FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT. Mayor 7orgenson stated that the grant expenditures include squad rifles in the amount of $3,000, laser sights in the amount of $7,548, Taser electronic incapacitation device in the amount of $6,200, plastic squad back seat in the amount of $4,000, crime view mapping program in the amount of $3,000, and traffic squad in the amount of $1,200. 6. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that staff recommended the appointment of Jeffrey Allyn Guest to the Police Officer vacancy created by the resignation of Officer Andrew Johnson. Mr. Guest grew up in Crystal, Minnesota and graduated from Armstrong High School. He also holds a BS Degree from the University of Wisconsin at River Falls in Political Science and Business Administration. He has also attended Metro State University where he completed the skills course in law enforcement. He spent ten years in the Army Reserve where he achieved the rank of lst Lieutenant. He was previously employed at North Star Marketing for ten years where he sold medical insurance. Mr. Burns stated that staff also recommended the appointment of Burt F. Dahlquist to the position of Lead Liquor Store Clerk Jane Oster, who was recently promoted to another position in the Finance Department, vacated this position. Mr. Dahlquist is a thirty year resident of Fridley and has spent fourteen years as Director of Corporate Financial Policies at Control Data Corporation. After his retirement from Control Data, Mr. Dahlquist owned and operated his own on-and-off sale liquor operation. He has also worked in clubhouse operations at Cuyuna Country Club in Deerwood, Minnesota. Staff recommended Council's approval. APPOINTED JEFFREY ALLYN GUEST AS POLICE OFFICER. APPOINTED BURTON. F. DAHLQUIST AS LEAD LIQUOR STORE CLERK. 7. CLAIMS: APPROVED CLAIM NOS. 96349 THROUGH 96738. 8. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 4 9. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Julian M Johnson Construction Corp. 6190 Industry Avenue N.W. Anoka, MN 55303 Heather Hills Watermain Looping Project No. 331 FINAL ESTIMATE: $11,282.00 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: No persons in the audience spoke. 10. CONSIDERATION OF MOORE LAKE HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2001-1: MOTION by Councilmember Wolfe to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:40 P.M. Mr. Jon Haukaas, Public Works Director, stated that the streets involved in ST #2000-1 in the Moore Lake Hills neighborhood include Woody Lane, Gardena Lane, Hillcrest Drive, and Tennison Drive. The improvements to be completed include reconstruction of the street base, installation of concrete, curb, and gutter, repaving, replacement of the water mains and services to property lines, repairs and upgrades to the storm and sanitary sewers as necessary and restoration of the driveways and boulevards. A neighborhood meeting was held on October 18, 2000, to explain the project and to answer questions. As a result, a new petition drive was conducted by the residents in the area. Mr. Haukaas stated that the petition had signatures from 76 residents representing 67 of the 117 affected properties in favor of the petition. There are eight letters in support of the project that have been received by Council. The petition includes 24 signatures of properties that had signed the previous petition against the project but have since changed their mind. MOTION by Councilmember Barnette to receive the petition. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to receive the eight letters. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Barnette asked Mr. Haukaas to read the numbers representing those who voted "yes" in favor of the project, and those who voted "no" against the project. Mr. Haukaas stated that the net result after all the petitions were in, with 117 affected properties, 67 were "yes" votes, and 39 "no" votes. Eleven properties had not indicated one way or the other. Councilmember Bolkcom asked if the eight letters were included in the 67 "yes" votes. Mr. Haukaas stated that was correct. The people who sent those letters were prior to the petition and have since also signed the petition. Councilmember Wolfe stated that he was impressed with all the neighbors who were involved in this process. It was nice to see how the system works. He thought both sides did a great job in getting involved. Mayor Jorgenson stated that the Council is not sure how the new "Vote yes" amendment is going to impact this project. This amendment talks about discretionary spending and assessments against properties could be classified as discretionary and may require a vote in the 2002 election. Mr. Ray MacAfee, 1360 Hillcrest Drive, stated that he was the person who carried the petition not supporting the project. He does not mind having people change their mind. He did not misrepresent the petition, and told people that this was his opinion. Some of the people do not have an address that faces into any of the affected areas of Hillcrest and Woody Lane. He wondered what was said to people to change their mind. It bothered him when he saw bikeways and sidewalks included in the construction. This advertisement appeared in all three editions of Focus News. He felt that the streets and curbings do not need fi�ng. He appreciates the people who supported the project and believed people have been misrepresented what the project will be. Mayor Jorgenson asked Mr. Haukaas to clarify about the advertisement in Focus News. Mr. Haukaas stated that the advertisements were put together early before a project is fully developed. Mayor Jorgenson asked Mr. Haukaas if they send a new advertisement to Focus News each time they are listed. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 6 Mr. Haukaas stated that they send a new one each time. Mayor Jorgenson stated that this causes confusion and in the future, the language could be a little more specific to the project. Councilmember Bolkcom asked Mr. Haukaas if there were any plans for a bikeway or sidewalk. Mr. Haukaas stated that there were not in this project. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:50 P.M. 11. CONSIDERATION SPRINGBROOK CREEK CHANNELIZATON PROJECT NO. 335: MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:50 P.M. Mr. Haukaas stated that this project area is appro�mately 300 feet of creek between Ironton and Hugo Streets. The project was brought to Council as a result of a petition by the residents on Ironton Street concerning the erosion and high water levels of Springbrook Creek during spring runoff and after heavy rainfalls. Staff presented several options to the people and recently had a new option presented from the conservation district that included some partial funding support. As a result of these developments, a neighborhood meeting will be held November 28 to discuss all four options before proceeding with the project. Mayor Jorgenson stated that for the record, a motion is in order to open the public hearing and to table this until December 11, 2000. Councilmember Bolkcom stated that there were two letters sent to the neighborhood about the public hearing and the meeting for November 28 letting them know that is the plan this evening. The gentleman from the conservation district could not be here tonight to answer any questions but will be at the meeting on November 28. Mayor Jorgenson stated that the Anoka County Conservation District is looking at straightening out the creek and adding a little bit of a flood plain. There would also be some funding available from the Anoka County Conservation District for fifty percent funding from them. The other fifty percent funding would then be needed from the residents. Mr. Haukaas stated that the conservation district could put up to fifty percent of the project cost, but they require 25 percent from the residents directly. The meeting on November 28 will be held at the Municipal Center in Conference Room A adjacent to Council Chambers at 7:00 p.m. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 7 MOTION by Councilmember Bolkcom to continue the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WILL BE CONTINUED ON DECEMBER 11, 2000 AT THE REGULAR CITY COUNCIL MEETING. 12. CONSIDERATION OF AN ORDINANCE CONCERNING MANUFACTURED HOME PARKS AND REQUIRING OWNERS TO PAY RELOCATION EXPENSES TO DISPLACED RESIDENTS UPON PARK CLOSURE (WARD ?): MOTION by Councilmember Barnette to open the public hearing and waive the reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE PUBLIC HEARING WAS OPENED AT 7:55 P.M. Mr. Grant Fernelius, HRA Housing Coordinator, stated that this is a public hearing only, no action is needed. Some changes need to be made to the current version of the ordinance. The first reading would be scheduled on December 18 with the second and final reading on January 8, 2000. In March, 2000, a petition was received by the City from residents of two mobile home parks along Highway 65. The petition was asking the City to consider adopting an ordinance requiring the park owner to provide relocation assistance in the event that the park was ever closed. The park purchaser or developer would also be required to pay compensation to those homeowners who could not move their home, or who chose not to. The adoption of this ordinance is authorized under state law. Similar ordinances have also been adopted in ten other metropolitan communities. Mr. Fernelius stated that the intent of this ordinance is to ensure that the minimum level of compensation would be provided to residents in the event that there ever is a park closure. This ordinance applies to closure of the whole park as well as a portion of it. Mobile home park owners are in a unique position owning the home but renting the land the home is located on. There is equity in the unit, but not the land. When the park closes they are faced with the difficulty and expense of finding a new spot or moving the home. Most of the units are older and probably would not be accepted in a new park Many of the owners would be faced with the situation of losing their home and the investment in it. This ordinance attempts to provide them with some financial help. What triggers this ordinance is closure of conversion of the park. Some of this information is prescribed by State law. The owner is required to provide a nine month notice sent to all residents affected by the closure as well as the City. The City is required to conduct a public hearing to review the impact the closure would have. The ordinance would require the owner to pay reasonable relocation costs to the tenants that would be displaced by the closure. People who own the home and rent the lot would have two choices. They could receive relocation assistance to move to another park within 25 miles or receive compensation. Renters of the home and the lot would be entitled to relocation assistance. Reasonable cost would include relocating to within a 25 mile radius of the park, preparation for the move, transportation, hook-up with the new site, decks porches, skirting, etc. The second option is compensation. If the homeowner is displaced they would turn over their title to the park purchaser who would pay them for the value. The amount they would be paid would be equal to the assessed value or a FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 8 third party appraisal. The park purchaser would be responsible for paying for the third party's appraisal. Mr. Fernelius stated that this creates certainty for folks who live in mobile home parks. It provides financial assistance to them and outlines the process for park owners and residents in the future. This does add cost for paying for the relocation or purchasing the title. It sets the expectation from developers as well as the park owner that they may be obligated to assist in paying some of these costs. This is a draft and timing issues need to be ironed out. Public input will need to be evaluated and revisions were not made to the draft. Councilmember Barnette stated that there are no plans or discussions of any imminent sales or closures of any of the mobile home parks currently in Fridley. Mr. Fernelius stated that was correct. Councilmember Barnette stated that this ordinance is an effort on the part of the City to be proactive to support the owners of the park and the owners of the mobile homes. Mr. Fernelius stated that proper credit needs to be given to the residents who initiated this petition back in March. Councilmember Barnette stated that he thought it was a nice reaction that staff gave to this at the request of the membership of one of the parks. Councilmember Bolkcom asked Mr. Fernelius what letter was referred to. Mr. Fernelius stated that a letter from Ms. Traci Tomas, the manager of Park Plaza Estates, LLP, was a cover letter for the revised version of the ordinance. MOTION by Councilmember Bolkcom to receive the letter. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if a meeting had taken place with Ms. Tomas. Ms. Dacy stated that they have not yet due to everyone's schedules. They did want to review the proposed suggestions with the City Attorney first also. Mayor Jorgenson stated that there is no project at this time that would require removal of any mobile home parks. Ms. Dacy stated that was correct. Ms. Tomas, Administrator of Park Plaza Estates, LLP, stated that in her letter she submitted some basic changes to the draft of the ordinance. The park has no plans of closing. The owners are in support of the park closing ordinance. It provides structure for everybody involved. The FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 9 Minnesota Manufactured Housing Association and the All Parks Alliance are working together to come up with a recommendation that they submitted to State Legislature so that there is a statewide ordinance governing park closures throughout the state. One of the key points that needed change in the ordinance was the part about the renter. Park Plaza Estates has no rental units and they have no problem paying an owner that will be displaced. The requirement for the residents to submit a verifiable cost estimate is vague. Mr. Dale Starmark???, 1009 South Circle, stated that he wishes that the radius could be 200 miles because many parks do not accept old trailers. When the park is sold, residents have an opportunity to buy within 45 days. It is not right that renters have up to si�ty days. Mr. Brian Martin, Attorney for Fridley Terrace Mobile Home Park, stated that the park has no present intention of closing. The park welcomes the ordinance to give some certainties. A point of the ordinance he would like to make has to do with the confusion of owners and renters. He would like to see the owners receive the compensation. The definition of park owner is confusing. The statement that the owner should pay reasonable cost causes confusion also and opens a door to not specifically defining the terms. In Subdivision 11, he did not see any reason for establishing any criminal penalties in a civil matter. Mayor Jorgenson stated that depending on how far the mobile home would have to be moved, the cost could be large or small. She asked how an average cost could be arrived at. Mr. Martin stated that it could be determined on a mileage basis. Mr. Chris Schultz, 1119 Onandaga Street, asked why they could not buy their own land to move their home to. He did not think there would be enough parks to move to. In Subdivision 10, Section 3, he thought that it was not right for the houses to not be eligible to be moved, it is not right to be denied their right to find a place to move to. He asked if every mobile home owner receive a certain dollar amount where the park owners could pay the differential. This should include people who sell and move to anywhere. Mayor Jorgenson stated that if they were going to look at that for an option, she would like to see some wording explaining this. Mr. Schultz stated he would bring it to the ne�t meeting. Ms. Jerri Lynne, 7303 Taylor Street, stated that revisions addressed by residents of Fridley Terrace and Park Plaza Estates are that the discrepancy of reimbursement of personal property to owners and renters be resolved. The consideration could be changed to include personal expenses such as transportation of the displaced person and personal property, expenses for packing, crating, unpacking, and uncrating of the personal property, disconnecting, dismantling, removing, reassembling, reinstalling, relocating household appliances, and other personal property, storage of personal property for a period not to exceed twelve months, the cost of insurance for the replacement value for the property being moved. The amount received by the mobile home park owners if a park closes may not be sufficient to cover the cost because supply and demand factors are resulted in premiums adding to the selling price of used manufactured homes in the areas. She said the residents are asking that the issue of differential expenses for renters and owners be reviewed. Subdivision 6 is suggested to be eliminated because it may be a FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 10 violation of the nine-month park closure notification. The possibility that the inclusion of this language may result in a legal battle is real. MOTION by Councilmember Barnette to receive the letter from 7erri Lynn. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings stated that in Subdivision 7, it says that within ninety days of a closure statement, a displaced resident should provide the owner with a written statement of the relocation costs. Subdivision 3 says that the closure statement goes out nine months before the close. That means that within the first three months the resident has to put together all of their costs. He asked how it fit with Subdivision 6. It sounds like the people have from nine months to six months to get all of this done. Ms. Dacy stated that is a timing issue and conflict in the process that the City would like additional time to address. Mr. Fernelius stated that is the language they need to clear up with all the affected parties. Mayor Jorgenson stated that it has been suggested that clarification is needed for who is responsible for costs associated with this and not actually the manager of the mobile home park. Councilmember Bolkcom asked what the ne�t process was. Ms. Dacy, Community Development Director, stated that she and Mr. Fernelius need to meet with Mr. Knaak to discuss some of the issues from the City's perspective. Once they do that, staff will contact the people that had testified tonight to go through the issues one by one. She said staff will do this prior to the first reading on December 18. Councilmember Bolkcom asked if December 18 was realistic with the holidays. Ms. Lynn stated that it may be rushing this a litte. Ms. Dacy stated that a meeting could be postponed until after the holidays. Councilmember Billings stated that a purpose of this ordinance is to strike a balance between the park owners who own the land and the mobile home owner upon sale. This means a reasonable outcome is needed. Both sides understand that this ordinance is designed to become a panacea for someone that happens to own a mobile home. This is an additional cost being placed by the City on the underlying land owner. This lies in the face of the Charter Amendment and this needs to go to the voters of 2002. Mr. Knaak, City Attorney, stated that he is in the process of putting together a list of potential charges that could be construed as discretionary. He was not able to say if this is, but he is analyzing the information. It is possible that it would apply here. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 11 Mayor Jorgenson asked if there was a definition in the Charter or the Minnesota State Statute that constitutes what is discretionary. Mr. Knaak stated that there is no single source to give a clear definition. Mayor Jorgenson asked if it would be prudent to come up with a definition of discretionary for the Charter. Mr. Knaak stated that he agrees. Councilmember Barnette stated that there is no urgency on this and he feels that it would be acceptable to continue this in January. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:59 P.M. Mayor Jorgenson stated that this would be taken up at the January 8, 2001, City Council meeting. 13. CONSIDERATION OF A REZONING, ZOA #00-02, BY EAST RANCH ESTATES TO REZONE PROPERTY FROM C-3, GENERAL SHOPPING, TO C- 2, GENERAL BUSINESS, GENERALLY LOCATED AT THE NORTHWEST CORNER OF UNIVERSITY AVENUE AND OSBORNE ROAD N.E. (WARD 3): MOTION by Councilmember Wolfe to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:00 P.M. Ms. Dacy. Community Development Director, stated that because this item also relates to the variance request, she was going to summarize both issues at once. The request is by East Ranch Estates to rezone a parcel at the corner of University Avenue and Osborne Road from C-3 to C-2 in order to construct a new 4,595 square foot commercial building. The petitioner is also requesting a couple of setback variances to the C-2 requirements. This is the former site of the University Station restaurant. The parcel is one of 19 loop-back parcels in Fridley created by the intersection of the frontage road along State TH 47 or State TH 65. The intent of the C-2, General Commercial, better fits this particular lot. The two setback requirements had to do with the side yard setback of 35 feet for the principal building and then a parking area setback from 20 feet to five feet along the University Avenue right-of-way. The driveway location will remain in place. The building is going to have a different alignment on the site. This site is surrounded on three sides by three right-of-ways and also contains a 60-foot wide St. Paul Waterworks easement along Osborne Road. The buildable area is restricted. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 12 Ms. Dacy stated that the proposed location was a result of a number of ineetings between the petitioner and staff. This is really the best location for the building on the site for that particular site. One of the tenants will more than likely have a drive-through window. The si�ty-foot easement takes a sizable parcel out of the lot. The driveways on the north side of the site will align with one another and it will be a one-way traffic pattern to the site. Staff recommendation on both requests was for approval subject to a number of stipulations: 1) The petitioner shall submit written verification that all tanks have been removed and all soil remediation completed; 2) All development over this easement area included: landscaping, driveways, parking surfaces, architectural features, etc. must approved by appropriate St. Paul Waterworks personnel prior to commencement of construction; 3) Appropriate signage and pavement striping shall be provided on site to eliminate conflicts for motorists entering and e�ting the site; 4) Additional cosmetic enhancements shall be made to the rear of the building so that it does not appear as a rear of the building that has a prominent position along the service drive. Enhancements to be reviewed and approved by staff, prior to issuance of the building permit; 5) All building doors must meet all applicable building codes; and 6) In the event that the bikeway/walkways are plowed, the petitioner shall manage the snow storage on site or have it removed as necessary. Ms. Dacy stated that the Planning Commission recommended approval with stipulations. Councilmember Billings asked if Stipulation No. 2 should say "All development over the St. Paul Waterworks Easement." This easement was referenced to something that has already been identified. Ms. Dacy stated that was correct. Councilmember Billings asked if the site plan has parking over the St. Paul Waterworks easement. Ms. Dacy stated that was correct. Councilmember Billings asked if the developer is aware of the types of materials that need to be used over the easement. Ms. Dacy stated that he did. Mr. Bob Schroer, East Ranch Estates, stated that he was present to answer any questions. He thought Council and the City Manager have done quite a good job in working with them over the last five years. Councilmember Bolkcom stated that she would like the snow removal stipulation to be changed to read: "The petitioner shall manage the snow removal on-site or have it removed as necessary." She said the City does not allow any storage of snow on the walkways/bikeways even though the City does not plow them. She felt it was reasonable to change so that the City is treating everyone similarly. Mr. Haukaas stated that was a correct interpretation of the snow removal process. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 13 Mr. Schroer stated that it bothered him that he would have to go to the expense of removing it when it is not necessary. He is paying taxes on the land anyway. In 1983, when they paved the bikeway/walkway it was agreed upon by Council that the previous owner could use that area for snow storage. It is just another added expense. Mayor 7orgenson stated that there was an ordinance change last year prohibiting anyone from storing snow on their neighbors property or City property. A number of folks were pushing their snow across the City roadway into the right-of-way and there were huge tunnels of snow across the roads. Perhaps an agreement could be worked out with Mr. Schroer because he is not going to be pushing it across a City road. Councilmember Wolfe stated that until the City starts plowing the bikeway, it is not an issue. Mr. Schroer stated that he agreed. Mayor Jorgenson stated that they have to treat all citizens the same in this matter. Councilmember Wolfe stated that it may not be the same situation for everybody. He asked if the City would actually cite someone for the same situation. Councilmember Bolkcom stated that when this was originally passed, it was to take care of the contractor that pushed the snow into the street or the ne�t door neighbor's property. Mayor Jorgenson asked Mr. Haukaas if the City has had to cite anyone for a situation like this. Mr. Haukaas stated that there were not that he was aware of. It was mainly for contractors pushing the snow into the street. Councilmember Wolfe stated that it is against the law to snowblow the snow out into the street. Councilmember Barnette asked if there was a gas station there. Mr. Schroer stated that there was in 1960. It was a Shell station. Councilmember Barnette asked if that station had to remove the tanks when they moved out, and if the City has a record of that. Mr. Schroer stated that they know the tanks are out. There was a fuel oil tank to heat the premises, and the previous owner does not recall if he took the tank out. A record could not be found it. The EPA tests could not find anything either. Mayor Jorgenson stated that she thinks that it will be a real beautification project. Mr. Schroer stated that with all the stipulations they have, they would like to see something happen with the lights at the corner like the City has done with the other locations in Fridley. That would be an asset to the corner and the other asset is to redo the University Avenue fence. His realtor, Jon Nelson, and his architect, Dan O'Brian, have discussed the fence a little bit, and they both agree that the fence is a detriment to Fridley as we are trying to beautify and increase FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 14 the values of the properties. The City wants people to improve properties but that fence has never been improved. There are other concerns about University Avenue also. Mayor Jorgenson stated that the residents adjacent to the fence do not want it removed because of the safety issues. It was a question in the citizen survey done a few years ago, and it was voted to stay. Councilmember Bolkcom stated that they should wait to see what happens with Gateway East. Hopefully, this will spur the issue to be looked at again. Council has looked at the lights on Osborne Road before. If the businesses want to come on board and be a part of the committee, that would be fine. Mr. Schroer asked if all the other businesses in the other areas where lights were added agreed to have it assessed to their properties. Councilmember Bolkcom stated that they did not. It was a street reconstruction project. Not all the businesses on Osborne Road are retail type businesses, but it does not mean that Council cannot look at it again. Mr. Schroer stated that the fence is getting older and worse looking. Councilmember Barnette asked when he would anticipate demolition of the building and when he would start construction. Mr. Schroer stated that if approval comes tonight, the building would probably be torn down ne�t week After that, construction would probably start in six months. Councilmember Barnette asked Mr. Schroer if any antiques were inside the building for sale. Mr. Schroer stated that the former owner had legal rights to everything that was in the building. He removed everything. The interior is trashed. Councilmember Bolkcom asked if he was at liberty to say what shops would be in the building. Mr. Nelson stated that he is leasing the building and helping with the project. As of this moment, there are no leases signed so he cannot say who they are. If one signs, the City would be very happy with them. Mayor Jorgenson asked if she might be able to buy a cup of coffee there someday. Mr. Nelson stated that was right. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:15 P.M. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 15 14. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING, ZOA #00-02, BY EAST RANCH ESTATES) (WARD 3): MOTION by Councilmember Bolkcom to approve the first reading of the Ordinance ZOA #00-02 with the six stipulations: 1) The petitioner shall submit written verification that all tanks have been removed and all soil remediation completed; 2) All development over this easement area included: landscaping, driveways, parking surfaces, architectural features, etc. must approved by appropriate St. Paul Waterworks personnel prior to commencement of construction; 3) Appropriate signage and pavement striping shall be provided on site to eliminate conflicts for motorists entering and e�ting the site; 4) Additional cosmetic enhancements shall be made to the rear of the building so that it does not appear as a rear of the building that has a prominent position along the service drive. Enhancements to be reviewed and approved by staff, prior to issuance of the building permit; 5) All building doors must meet all applicable building codes; and 6) In the event that the bikeway/walkways are plowed, the petitioner shall manage the snow storage on site or have it removed as necessary. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to amend Stipulation Nos.. 2 and 6 to read: 2) "All development over the St. Paul Waterworks easement area included: landscaping, driveways, parking surfaces, architectural features, etc. must be approved by appropriate St. Paul Waterworks personnel prior to commencement of construction." 6) "n the event that the bikeway/walkways are plowed, the petitioner shall manage the snow storage on site or have it removed as necessary." Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. VARIANCE REQUEST, VAR #00-30, BY EAST RANCH ESTATES TO REDUCE THE SIDE YARD SETBACK FOR A PROPOSED BUILDING AND PARKING AREA: MOTION by Councilmember Bolkcom to approve the Variance Request, VAR #00-30 with the seven stipulations as follows: 1) he petitioner shall submit written verification that all tanks have been removed and all soil remediation completed; 2) Approval of ZOA #00-02; 3) All development over this easement area including landscaping, driveways, parking surfaces, architectural features, etc. must be approved by appropriate St. Paul Waterworks personnel prior to commencement of construction; 4) Appropriate signage and pavement striping shall be provided on site to eliminate conflicts for motorists entering and e�ting the site; 5) Additional cosmetic enhancements shall be made to the rear of the building so that it does not appear as a rear of the building that has a prominent position along the service drive. Enhancements to be reviewed and approved by staff, prior to issuance of the building permit; 6) All building doors must meet all applicable Building Codes; and 7) In the event that the bikeway/walkways are FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 16 plowed, the petitioner shall manage the snow storage on site or have it removed as necessary. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to amend Stipulation No. 3 to read: "All development over the St. Paul Waterworks easement area including landscaping, driveways, parking surfaces, architectural features, etc. must be approved by appropriate St. Paul Waterworks personnel prior to commencement of construction." Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that two important public hearings were coming up. One is the Truth in Taxation hearing on the 2001 City of Fridley budget. The meeting would be on December 11 in the City Council Chambers at 7:30 p.m. The Northstar Corridor group is having a public hearing on the commuter rail Environmental Impact Statement on December 14 between 5:00 p.m. to 7:00 p.m. probably in Council Chambers. Councilmember Barnette asked if letters were being sent out to the people on Starlite Boulevard. Mr. Burns stated that they were going to be sent out. Councilmember Bolkcom stated that the letters should be sent out to everyone who attended the meetings. Ms. Dacy stated that was correct and they will. Councilmember Bolkcom stated that meeting for Springbrook Creek residents would be on November 28 for the five homes affected in the conference room at 7:00 p.m. If possible, could we also talk about the railroad crossing at 77th Way. Mayor Jorgenson stated that was possible. Councilmember Wolfe stated that he wanted to congratulate Councilmember Barnette and Mr. Lund on their election to Councilmember-at-Large and the new Mayor. Mayor Jorgenson also congratulated them. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 20, 2000 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE NOVEMBER 20, 2000, CITY COUNCIL MEETING ADJOURNED AT 9:21 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor