The URL can be used to link to this page

08/06/1984 - 00012186�_ ��l1�JL. • Jal_ �?Ol • 1�. • y, l �� 1� � , •;, The Regular Meeting of the Fridley City Council was cz3led to �rder at 7:35 p.m. by Mayor Dlee. � • � i _•1� Mayor Nee led the Council and audience in the Pledge oi I��Iegiance to the Flag. FOLL C11L,L • � MF�IBERS PRESENT: Mayor Nee, Councilrar� L�arnetce, Counczlman Hamernik and Councilman Ficzp�trick N�ERS IjBSENT: Councilmvi Schneider FIPPROVAL OF MINUTES: �� a_ . •:� NI�TION by Councilman Hamernik to approve the runutes as �,resenteG. SecondeG by Councilman Fitzg�trick. Upon a voice vote, all voting aye, P��ayor T1ee declared the motion carried unanimously. ADOPTION OF �EP1DA: MOTION by Councilman Barnette to adopt the ayenda as presentecl. Secor.clec? Up Councilman Fitzpatrick. Upon a voice vate, all votin5 aye, P9ayor Nee declared the motion carried unan�mausly. OPEN FORUM. VISITORS: Mr. Denrus ,Iohnson, 6336 Starlite �oulevarcl, asked if the Clty l�ad fout�cl out what route NSP's nuclear waste would take tlarough the Ci�y. Fae zlso � questioned if Fridley had been involved ii� anp of these meetinys on tlzis matter. Mayor Nee stated the City's Fire Chief has been extensivel_y invoived in these meetings. r � �� P9r. Flora, Public Works Director, stated the Fire I?epartment representaa_tves have attended these meetings and, if the waste were d.o k�e moved il�rouyh �he City, it would be on the west side of the t+Itssissa�ap� River. He stated the Fire I�partrnent and Burlington Northern P.ailroac7 representatives have been communicating regarding any proposed transfer of nuclear waste. �'ir, Flor� also stated Fire Depsrtment personnel have taken courses in handling t1_ese wastes, Mr. Johnson stated a study was done by Rockwell Internat��nz1 svhsch indicated that no City is capable of handlin� a ma�or c�tastrophe from L��ese wastes. He statea he woulc] forward a co�.y to Mayor Alee. `� � °� l �r�' ��l - ,� � •p. M,ayor Nee statea he appreciated Pir. Johnson bringing this to the Council's attention aric3 felt the Fire Department was keeping abreast on what is happening in cnis regarci. A7BLIC I-IE11FtINGS: 1. AJbLIC HEARING ON A LIOUOP. LICE[VSE FOR T. R. McCOY'S. INC. - 7850 - 7880 UNIVERSITP AVENUE: t�TIODi by Councilman Barnette to waive the reading of the public hearng � notice �nd open the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, [�ayor Nee declared the motion carried unanimouslp and the �ublic hearing opened at 7:45 p.m. Mr. Inmari, City Clerk, stated this is a request for a liquor license for a f-amily restaurant located in East F.ancher's Estates, Second Addition at 7$SD-78&0 University Avenue. Fle stated the restaurant would occupy approximately 6,600 sc3uare feet and seat about 200. He further stated there woulcr be no entertainment at this facility. Mr. Inman stated the ['ire and Police Dep�rtrnents have reviewed the doc�unents and would recommend approval of the liquor license. A9r. Sohn Stacy, representing T. R. McCoy's, stated the restaurant would be familp oriented featuring American food, mostly gourmet hamburgers, hot do,�s, and chili, FPe stated it would be designed in a 50's motif and they don't plan to have entertairunent. He stated they don't anticipate a larc�e part of their sales in the lic�uor area, but did want a liquor license. Councilman Hamernik askeci if they operated any other restaurants in this area. Pflr. Stacy stated their Chief Operating Officer has been involved in nine restaurants in Fargo, St. Cloud and Mankato, mostly in the Elexican food area. He stated this is the first prototype restaurant in this field. � Councilman Barnette asked what kind of s�yr�ing they plan to use. Mr. Stacy state� they woulcl like a pylon sign similar to others in the area. Mayor Nee asked if the �rking was adequate. Mr. Paschke stated he didn't think they have a�_arkin� problem. Fie stated he received a letter from staff regarding the �rking, but didn't remember how many spaces they were short. He stateu� he considers Phase 1, 2, and 3 as one center and didn't feel there was a shortage of �arking in Phase 1 and 2, which would cover any shortages that may occur in Phase 3. He stated other businesses in Phase 3 woulcl be fazrly laa vol�mie and didn't feel �rking would be a problem. fle stated there is more than enough of overflaa p�rking across the street. Mayar Nee stated the auestion staff raised was whether there would be space available for parking across the street, if these parcels were sold separately anG Mr. Paschke wasn't the owner. -2- � �� a� u �. • ei ••� P4r. Flora, Public Works Director, stated when additic�nal s�ces are leasec� ior this development, consideration shoulc� be gi�en to what parkii�g ls available as the code requires p�rking mc�st be on that site. He st�tec�, basically, Mr. Paschke is being notified �l�at parkinc f-ar PicCoy's may 3n�pact on the avazlability of �rking for other ieasees. P4r. Pasehke stated additional �rking stal3s wulc] iae acicleG on th,e pxo�rty, if there is a need to do so, � Mr. Flora stated the restaurant is a little greater density than what was originally antici�ted. He stated staff �aanted Pfr. Paschke to be a�aare there may be a problem with the �rking. i��r. Qureshi, City Manager, stated if P-ir. Paschke continues co own all three properties, there wouldn't be a problem; nowever, if these were solu, they should be sold with Ehe intent that �rking is a �oint �se. Councilman Hamernik askeG if there is s�ace avaiJ.able for addiL-ronal �arking, if this would meet the code rec�uarements. Pn_r. Flcra srateu tYee p�rking for the operation must 6e on the �ro�erty aaneG for this fac?lity. He statea if Mr. Paschke owns both parcels, it coul�l ]�e interpretecl that there is sufficient p�rking. Councilman Barnette asked if tl�is would be a iast fooG tyle restaurant. Mx, Stacy stated it would not, but is a"sic-down," iamil_y res�auranL-. Ivo other persons in the audience spoke regzrdanc� tk:is proposeG issuance oi a liquor license. t10TI0N by Councilman Hamernik to clase the �ubiic l�e�ring. Seconc�ec7 by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee c�eclareu the motion carried unanimously and the pu��ic hearing closed at. 7:55 �a.m. � 2. PUBL7C HEARING OTI 73SSESSMEN'I' FY�R S�P,R4 SEtiJFR II�iPP.O'JEP1L'NT PRQ7ECI' N0. 1_32: Nl�TION by Councilman Sarnette to waive the reading of the public hearinc, notice and open the public hearing. Seconc7ed by Councilman hamernik. U��on a voice vote, all voting aye, Mayar r]ee declarec� the motican carrie� unanimously ana the public hearing opened at 7:55 p.m. Mr. Inman, City Clerk, stated a preliminary� hezring was held December E, 1980 for this storm sewer imprwement anc7 the area lnvolved is bounc;ed by Central Avenue on the east, Highway 65 on the west, ad�d Nrississi�pi Street on the noxth. He stated there are two g�rticular types oi assessments far this pro�ect, one for fully benefited area and another zor adcitioiially �enei�ted area. Fle stated the rate of assessment for the fully benefited area is $�.96 per one hundrec7 square feet of area and tYte rate for additioiially benefitecl area is on a front foot basis a� a cost of $10.00 per iroilt foot. -3- � �_'� 7 �� •_•� • � .� :i��:r•�e Mr. Inman stated the total cost oi the pro�ect is $535,187.58 with 76o being paid from Fec�eral, State and local, funds and 24o being assessed to the affecte� property owners. He stated the amount to be assessed is $129,23&.46. P�r. Flora, Public Works Director, stated this pro�ect consisted of grading and dredging storm sewer and related drainage appurtenances tc divert the v✓ater around Mocre Lake into a detention pond so it cotild be filtered and i:he overilaa draining into the R�.ce Creek drainage system. He stated the other partion was to build a filter unit at the southeast portion of the lake. � l�r. Duane Levanc,a�aski, 636] Pierce Street, stated at the preliminary hearing he unc�erstood they would improve the drainage behind his lot and the ad�acent lot. He stated for the last several springs his yard and his neighbor's yzrd have been under water. He stated he questions whether the u�,arovement done has re�11y been beneficial. Mr, Plora stated the slo�e of the ditch was improved to assure positive drainac�e to the ditch along West Moore Lake Drive, and move soutkr away from the pro�erties. Mr, Levandowski asked if it would be xedredged as they still have a lot of watEr in thezr back yards. Mayor Nee stated the system would never be as effective as they really would war.t it, however, as far as the maintenance, the City has been consistent. He statecl ii �fr. Levandowski felt there was a lack of r,�aintenance, he shoulc] notify the City as it is the City's intention to maintain it properly. P+lr, �im Reiland, 6068 V�Joody Lane, asked if this pro�ect woulc7 affect his property. Mr. �uresrei, City N'umager, stated Mr. Reiland is located on the east side of Central �venue and he wouldn't be affected by this pro�ect. Ms. Elaine Gray, G062 Central Avenue, stated a tile line was run behind � their property bePore for whzch they were assessed and asked if they would be assessed for the front and back. Mr. Inman, City Clerk, stated Ms. Gray's property is being assessea� $4.96 per 100 square feet, far a total of 52,500 square feet, and $10.00 a foot, for 100 front feet, and a total assessment of $3,604. t�.s. Gray askecl if she could be assured they wouldn't be assessed for another improvener�t in the future. Mr. Qureshi, City Manager, stated they could nat �ssure it Lecause if additional improvements are done which benefit her pro�erty, she may be assessed Eor the improvements. Ms, Gray stated this i�rovement is essentially to save Moore Lake and shc is not the only one that will benefit frcro saving the lake. She stated she is ooncerned to being assessed again and agaiyl for saving the lake, as Mloore Lake is for the benefit of all of Fridley and everyone who uses it. � � ��.A. _ i ►. • ei . :� NLS. Gray stated she only hopes Moore Lake will soan be savec before everyane goes broke trying to save the lake. She srated since t2oore Lake is in a redevelognent area, tax incr�nent monies shoulc7 be u:sed. Nlayor Nee stated there is not a tax incremenL- pro�ect u�i tha1= area as it was deleted at the residents' request. t,r. Qureshi, City Manager, stated only a smal,l portion of the cost of this pro7ect is being assessed to the property owners. He sL-ated the City is also working on the second phase of the Moore Lalce restorat�.on arfd that wi71 � be funded out of separate funds, Ms. Gray asked if there was sufficient drain�ge or, tYAe west side oE the lake so it wouldn't halt or hinder the progress zn tYne east l�sir. hlayor Ddee statec's the flaa will be frcan east to =.aest F�ecause of the hydrauiic engineering. Councilman Sarnette stated the water from trie west basin drains inta the ditch by Sti. Philip's Church then to Itice Creel� on the west side oF Central P.venue. Mr. Flora explained the procedures for the second ph�se af the restoration pro�ect which, basically, eonsists of rtmoving the weecls �nd ��lccai�g a plastic type blanket on the bottom to imp�cve the water quality thrauqh che re�oval of phosphorus in the water. He explained the plan for a rccl. oase near the shoreline and for upgrading the beach and installation of an aeratar system. No other persons in the audience spoke regarding these assessments for this storm sewer pro�ect, Mayor Nee said that as nobody is ob�ecting to the proposed assessments so t-he asessment hearing can be closed. � P+fOTION by Councilman Barnette to close the �ublic hearing. Seconaed by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declarea the motion carried unarumously and the pul�lic hearing closed at. 8:22 �,m. •_� = �L, . •:1 ��. • : . ....� !,. «�. Mr. Inman, City Clerk, stated from Lhe financxal infurmation provided, it was not possible to obtain a comp�rative total for the difierer.t Eranchis�s. He questioned if it would be possible to receive detaileca data on each franchise and some depreciation material. t4r. A7egemer, representing Storer Cable, stated the City received verification from officers of the com�any that the figures presented were corxect. He stated their losses in Bloornington �xe much Iess than in Fridley and an independent audit would cost about $25,000 which woalcl urnount -5- � �� 1 YyJ�V — _ _, �ilR \a • 1@1 _ • ' 3 � to about 50 cents per subscriFer per monrh. Mayor Nee stated he understood Storer agreed to submit the FCC form which was previously required to be sent to the FCC. Mr. Wegemer stated this report anly shows gross revenues and is information which the Council has in their possession. Councilman Hamernik stated Storer had indicated they felt Bloomington and St. Louis Park would resFond favorably to the recuest for a rate increase in their cities. Mr. Nlegemer stated he would hope to have the actual reports � from these cities by the end of this month. Mayor Nee askec� that these regorts frcffn Bloomington and St. Louis Park be sent to the Council when they are received. NKYi'TON by Councilman Barnette to waive t11e second reading of Ordinance No, 816 and adopt it on the second reading and order publication. Seconded by Councilman Fitz�atrick. Upon a roll call vote, Councilman Barnette, Councxlman Fitz�trick, Councilman Hamernik, and Pfayor Nee all voted in iavar of the motion. Mayor Nee declzred the motion carried unanimously. NEW BUSINESS: 4. RECEIVING PRELIMINARY 1 qg5 BL�ET AND uEPPING P[]BLIC HEARING FOR SEPTEI�9BER 10, 1984: Mr. 4ureshi, City P7anager, stated the proposed 1985 budget is for $7,635,948 which r.epresents an increase of 3.79% over the 1984 budget. He statee: it is a balancec7 budget as required by the Charter. He stated, essentially, the mill rate would probably renain in the area of 14 - 15 mills. He stated the budget doesn't provicle for any increase or cutback in the level of City services, P�TION by Councilman Fitz�trick to receive the 1985 proposed budget and set the public hearing for Septe�nber 10, 1984. Seconded by Councilman Barnette. � lipon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . l � .. • � �.. ��,yi � • 1 __ : : � �� • • • • •�• ;:� 1: • �� , • � � � . � � l Mr. Flora, Fublic Works Director, stated the request is to split off the lot facing Onondaga Street. He stated, in reviewing this lot split, it was found there were a number of other properties in the area that could possibly be split anc3 staff- looked at access should these splits occur. He stateu' tY�,is information was presented to the Planning Commission when they reviewed the lot split. Mr. Flora stated if the lot split is approved, it is recommended a 27 foot street and utility easement be provided in order to provide for an extension � � C�•-:i�c � a� _�, • _,ti--'-- ''' of 73 1/2. Mr, Flora stated the Plamm�g Commission called ior a�ublic notice of this lot �plit and a nimiber of persons came to the meeting to discuss it. Mr. Flora stated a neighboring property aaner statea he may cansider a split of his lot in the future. Mr, Flora stated the Planrung Cwnmission reco,nrnended approval of the lot � sp11t with nane stipulations, which he revic�aed. Mr. �ureshi, City Manager, stated the problem is the �raperty ta the south is already develo�d an� the possibility oE gettir.5 right-oi-way L-o serve any of the properties which may everttual3y split would, he feli=, be extrenely difficult. Mr. Qureshi stated because of this questao3; regarding access for possiY�le future develo�anent, he would suggest thzs item be r�bled until the ward representative, Councilman Schneider, is present. MCITION by Councilman Fitzpatrick to table this item to the next regu3ar meeting. Seconded by Councilman Barnette. Upon a vaice vote, all vot�nc,s aye, Mayor Nee declared the motion carried unanimously. 5g, Cp Sr �TION OF A PE TAr E PERMIT #�34°1 rr � p,EpAIR G1IRAGE AT 8080 UNIVERSITY AVENCiE N. E. BY MIL�AS MUFPLER: Mr. Flora, Public Works Director, stated �.his is a request to construct u Midas tluffler Shop at 8080 University Avenue and the cocle requires a spec�� use permit for an auto repair garage. Mr. Flora stated the zonirg is correct and the proposal meets all code requirements. Mr. Flora stated the Planning Commissivn recommenc�ed approval of this special use permit with stipulations for a landsca�inc� and drainage plan, no � outside storage, and five feet setback �rounc� the bvildzng wherever possible. Nir. 4ureshi, City Manager, felt it would b� be�ter tc have more landsca�ing in sane of the area designated for �rkir.�. Mr. Taylor, �,he petitioner, stated that area w�uld be where the drzinage is located and would be bermed, however, he didn't �ob�ect co eliminatinc, several g�rkxng stalls for additional landscaping. MOTIQN Y�y Councilman Hamernik to concur vaith the recommendation e£ the Planning Commission and grant special use �ermit, SP 584-12, to a11cw a rep�ir garage at 8080 University Aven� vaith the icllaaing st�pulations: (1) an approved landscape plan with irrigation system; {2) no outsic7e storage; (3) approved drainage plan; and (�) any place on the building that isn't an access door be provic3ed with a Eive foo� curb to protect the buildinq from �rked cars. Seconded by Councilman B�rne`r_te. Upon a voice -7- � �� la �� i � �.ei. . �:, vote, all voting aye, Niayor Nee declared the motion carried unanimously. A1r. Taylor questioriec� where he would connect with the sewer system. He state� he thought at first he could connect with the manhole in the street, but finds that he will probably not be able to do so. t�lr. Paschke stated when they were developing in the area, they rerouted the sanitary sewer system to the north so Mr. Taylor would have to go across the street to obtain these services. Mr. Plora, Public Works Director, stated the City had a service in the � middle oi the street which is no longer there and he understood the developer woulc� provide the service when this property was developed. Mayor Nee asked why the line was abandoned. Mr. Paschke stated it was aLanc7one� because they didn't use it as the financial institution would not allow a sanitary sewer to go underneath the buildinqs. P?r. Qureshi stated he felt this issue would have to be resolvea at staif level and worked out with the property avners. SC. CONSIDII2ATION OF A SPECIAL USE PERMIT. SP #84-13, 'ICJ ALL�NT R-1 PkOPEItii'Y � BE USED FrIR A PARKING IAT AND GARAGE AT 441 HUGO .�TREET N. E. BY DON CHIXJINARD: Mr. Floxa, Public Works Director, stated this is a request for a special use Fermit to allow for a�Zrking lot and Garage on R-1 property in aonjunction with a seven unit townhouse development to be constructed on ad�acent property which is zoned R-3. Mr. Flora stztecl, in addition to this request for a special use permit, there are also some variances requested in order to construct these taanhouse units. Mr. Fiora stated the Planning Commission recommended approval of this � s�aecial use permit with seven stipulations, which he outlined, Mr. Flora stated, ir4 con�unctzon with the three variances requested, the Appeais Commission discussed the traffic issue and made a separate recommendation to Council that there be no parking on the north sicle of the 400 block of Hugo Street to acconunodate p�rking. He stated these variances appear an the Council's agenda later in the meeting. MOTION by Councilman Fitz�trick to concur with the recommendation of the Planiung Commission and grant s�cial use permit, SP #84-13, to allow Lots 78 and 79, Block A, P�.vervie�a fleights, zoned R-1 to be used for a parking lot and garage in con�unction with a seven unit multiple dwelling at 441 flugo 5treet, with the fellaaing stspulations: (1) the units be constructed of town-house design; (2) a drainage plan be approved by the City's Enyineerir�g Department; (3) an approved landscaping plan; (4) a 17 1/2 foot easement along East kiver Road; (5) a fire wall be constructeu' along the east w�ll of the garage; (6) the extenor of the east garage wall be of the � � �� 1� u _ ��, � • .ri _ . ' : � samE material as the townl�ouses; and (7) a towrihouse convenant be siynec7. Seconded by Councilman Barnette. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimouslv. � � ;� • � .. . a_� i � s 11� •;, - VA12IAddCE REOIJEST � ELIC4INATE THE REOUIRL'T7ENT OTd S�'PB11Q� FftOM PROPERTY LINE FOR A PARKING OP. FtARD SURFACE P,R7�',11, AT 8010 � 8050 RANCHER'S ROAD, BY G. W. PASC[IKE: Mr. Flora, Public Works Director, stated this is a request for a var��u�ce to eliminate the setback requirement for parkrng and harcr surfaced areGs at 8010 and 8050 Rancher's Road. Mr. I'loru state� che code requires all �arking and hard surfaced areas to be no ctoser than iive Leet Pram � siae lot line in order to reduce visual polluti�n and to separate adjacei:t p�rkinq areas with landscaped areas, Mr. Flora stated the hardship identified by the peL-iLioner is that Lhere isn't sufficient s�ce to dr�.ve a truck through without this v�riance, and he wishes to provide fox a conunon driveway. P?r. Paschke stated he felt it woulc7 be mere appropriate to have a driveway through and eliminate the green strip in orc]er to provide better access. Mr. Flora stated staff's feeling was there shcuid be a lanclscapir�g axea in order to provide for a distinct separation oP pro}�exty ownershi�s, i-le stated it may be acceptable to provide a common driveway up to the iront of the buildings and then to begin the landscapin5� area proceeding to the back of the buildings. Mr. Paschke stated it is difficult for � ser�i-tr�ck to get zn anc� eui 6ecause there is only 25 feet on each side of the lai�dscaping strip. He stated he didn't feel the variance is neeGed because they own both the � properties and if there was agreement between the owners for a �aint easement, a variance shouldn't be needed. Mayor Nee questioned why the five foot strip was shown on the orig�nal �lans, if they hadn't intended to provide it. Mr. Paschke stated this was a staggered develoFanent and if it haa been gresentec7 as one develo�ent, this five foot strip would never have been included, � Councilman Hamernik stated the loading space at the building at �010 University Avenue also rc�uires additional s�ace even if the yaraye door hadn't been a�ded to the building at 8050 Universicy I�venue. He dicln't Peel anything else could be cbne, but to follow the recommendation of the Appeals Coni�rdssion to approve the variance. MOTION by Councilman Hamernik to concur w�ih the �:ecommendation oi the Appeals Commission and grant the varianre request to elaminate the requirement for a 5 foot setback from property line for a park�ng or harcl surface area at 8010 and 8050 Rancher's Road, with the stipulatlon Lhat che -9- l�� ;� ��,� ��y i • •.ei. . �;, proper easementa be executec? to accomplish the 7oint use af the driveway facility. Secondecl by Councilm�an Barnette. Upon a voice vote, all voting aye, Nlayor Nee declaxecl the motion carr�ed unanimously. r � � • • �� r• d�iT:Ze�f7��f�f17a�_�� ! � �' , � 1 Li. \L \. ' Mr. Flora, Public Works Director, stated this variance is for the Western Station at Qsborne and Umversity. He stated the code requires all parking and hard surfaced areas be no closer than 20 feet to any street right-af- way. He stated the Western Station ownexs wish to put in a diesel pump and � the fuel truck will be blocking the gasoline pump islands if the driveway can't be widened; therefore, a variance is needed to reduce the setback from the required 20 feet co 10 feet. Nlr. Flora stated sone landscaping would be lost in this area of the property, however, there would be additional landscaping in other areas of the proFerty and around 'che perimeter. Mr. Flora stated the Appeals Commission recommended approval of this variance wit}i the stipulation that a landsca�e plan be submitted to staff and the petitioner work with staff on the landscaping. Mr. Flora stated the Citp has today received a landscaping plan, but hasn't had the opportunity to review it in detail. Mr. ,,�im Fuqua, Area Planager for the Upper Midwest Kayo Oil Company, stated P�ir, Ingram was unable to be present this eveninq and he would answer any questions the Council may have pertaining to this variance request. I�i0TI0N by Councilman Hamernik to concur with the recommendation of the Fappeals Ccx�unission and a,rart the variance to reduce the required 20 foot setback for green area to 10 feet so the driveway can be widened at the property at 76Q0 Umversity Avenue with the stipulation that a landscape plan be submitted and the petitioner work with staff on the landscaping. Seconded by Councilman Fitzpatrzck. Upon a voice vote, all voting aye, � Mayor Nee c7eclarea the motion carned unammo�isly. 5E, ITEP+I FRQM THE MINUTES OF THE APPEAiS CO[�M�IISSION MEETING OF JULY 10. 198d: ��7�i�fii�7�7`eVWC17Fii��7a� 'fiY � /: G a � • • � � • , • , � • 1 . � • ' • � � . _I � _.¢.; �. �� .1 � 1 ' � 1�, ' � � �• � _ � � _ _ _ _ Mr. Flora, Public Works Director, stated these variances pertain to the taarfl-�ouse development on Hugo Street for wich a special use permit was approved L-y the Council earlier an this meeting. Ile stzted in order to construct the parking lot and garage on the R-1 property, three variances are requested as follows: (Ij to reduce the requared setback for a planting strip from 15 to 5 feet on the side yard of -10- � ��.�� ui_ �. • � r . ' • � the property zoned R-3; (2) to reduce the requsred setbacic for a plantin9 strip from 10 to 5 feet on the rear and sicle yards; and (3) to reduce the front yard setback from 35 to 25.6 feet or, Lots 7& and 79, Blc+ck A, Rivervi�a Heights, to allow R-1 zoning tc be used f_ar a parking loi. an� garage. Mr. Flora stated the hardship was because oi the linear shape ef the ]OLS and parking had to be on one side. � Mr. Flora stated the biggest concern w�s the traffic an the street anc7 residents in the area e�ressed these concerizs at the hppeals Commissior. meeting. He stated the Appeals Cammission did reconmenc� appraval of the variances with several sti�ulations. Mr. Flora stated the Appeals Cmturussion also recamrnended CouncYl consicler nc parking along the north side of the �iOQ block of Y.ugo in order to accommodate p�rking. Councilman Fitzp�trick stated Hugo Street is an exit or.to East River Road and the street is very narrow. He stated he dicln't knaa ii the resic�ents in the area thought that iio �rking on the norid� sic�e of the street 4aouid take care of the problem. Mr. Frank Hegner, 450 Hugo Street, stateu seven �rking stalls an seven garages would be provided in this taanYiouse com�lex and felt this wouldn'� be sufficient. He felt you had to take into consideration that each unit n;ay have two, three or faur persons living in than and each rnay have a vehicle and that alone would create a shortage without even takin, lnto consideratan visitor �rking. He stated if p�rking was allowec] an i�oth sides af the street here woulc]n't be room for emergency vehicles to �et through. � Mr. Hegner statec3 the residents knaa sometlaing wilT Go in on this parcel, however, they felt it was too craaded witiz seven unats and that it woulc be suitable for a four plex or two single family um ts. He felt the seven unit density was too high for this parcel �f propert_y. � Mr, Qureshi, City Manager, stated possibly � six wi�` would meet all the code requirements without requiring the varzances, N�r, Hegner stated this was suggested to the petitioner, but he stated �'r u�oulcl be this seven uni� or else he would push for a ten unit, Councilman Fitz�trick stated he would agree it is go�ng to be crowcleca �nd there will be a�rk�ng problem. He statc-d it prcbaLly woulcl be bettex to have six units, but felt with the unanimous recommenda�ion of the Ap�eals Commission he was pre�red to concur with their recommendations. h1�TI0N 6y Councilman Fitzp�trick to concur w1tl� the recori�mendation of �he Appeals Commission and grant the variances to reduce the required setback -11- �� 1�� C 7. �� K . •:, for a plantzng strip from 15 feet to 5 feet on the side yard of the property zoned R-3 (multzple clwelling), and to reduce the required setback for a plantinq strip from 10 feet to 5 feet on the rear and side yards, and reduce ��e front yard setback from 35 feet to 25.6 feet on Lots 78 and 79, Block A, Rivervi�a Heights, ta al_laa P.-1 Zcning (one family dwellings) to be used for a parking lot and garage in con�unction with the seven unit multiple dwelli:�gs at 441 Hugo Street N. E., with the following stipulations: (1) the units be constructed of a townhouse design; (2) a drainage plan be approved by the City's Enc�ineering Department; (3) an approved landscaping plan; (4) a 17 1/2 foot easement alang East River Road; and (5) a f ire wall along the east side of the garages. Seconded by Councilman Barnette. Mr. 4ureshi, City Manager, asked if the Council was prepared to act on the recommendation oi the Appeals Cc�unission for no p�rking on Hugo Street. Mayor Nee asked if they could reciuce the setback to provide additional �rkinq in the front. Mr. �ureshi stated the setback is 35 feet and the roadway is 26 feet. He stated if there is a cancern, the owner should probably provide an aaditional 12 feet easement to the north which would then provide for a 23 foot setback. He felt the road should then be improved from the driveway to East River Road. MOT70N by Councilman Fitzpatrick to amend the above motion to add a sti�ulation that a 12 fooY easement be provided in the front of this property anu' the property aaner p�y for the cost of the roadway extension from the clriveway to East River Road. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousl_v. Ui�R� A VOICE VffPE TAIiEN ON 'IS3E MAIN MOTION, all voted aye, and I�Tayor A7ee declared the maticn carried unarimously. CONSIDERA'ibN OF [UIOORE LAKE PR0,7ECP EASEP7F,NT5: MOTIOIV by Councilman Barnette to table this item to the next regular r,�eeting. Seconded by Councilman Fitzp�trick. Upon a voice vote, all voting aye, Mayor Nee �eclarec� the motion carried unanimously, CONSIDERATION OF l�PPROVAL OF SIGN PLAN FOR 7820-88 UNIVERSITY AVEN[IE N.E. BY GF',RAT,D PASCFIIiE: Mr. F1ora, Public Works Director, stated this is the sign plan for the proposed T. R. McCoy Restaurant, He stated, at this time, the City has not received a request for a pylon sign, but the code does provide that there could b� two pylon signs for this property. He stated this sign plan strictiy addresses the two foot lighted �nel sign. MOTION by Coune3lm�n Hamernik to approve the sign plan for 7820-88 University Avern�e N.E. Seconcled by Councilman Barnette. Upon a voice vote, aLl voting aye, e�±ayor Dlee c�eclared the motion carried unanimously. -12- I U � , [��.�� . �. • � .e� _ •;• 8. RESOLITTTON N0. 8-1 84 APPROVrN' ND E� TH PIZIN THE EXE TION OF F�N A RF'II� �'�'P AL �O ATTNG THE ITY OF FRTDr EY' 1 84 IND STRI T DE��' OPNIEN� BOfID�' En7`PTTi.Eh1ENi' ArqpIIN'1'� � NpRTH FREEWAY INVESTOP A1'dD ^10 RIVEP POt�17 IP�VESTORS- Mr. Inman, City Clerk, stated the documents �iefore the Council are an agre�nent between the City and the two ir.vestoxs, North Freeway 7nvestars and River Road Investors regarding allocation of the City's 1S'S� indus�rial development bonding entitlement. � He stated it provides in princig�l. allocaticns of clesignated amounts ior these pro�ects and provisions for the one �rcent deposit. He stateu claat the agreement has been revised fram the �=ersion in the agenda. MOTION by Councilman Fitz�trick to adopt R�solution No. 85-1984 incluoing the revised version of the agreement, Secondecl by Councilmai� �arr.eL-te. Upon a voiee vote, all voting aye, MayoL i7eE declarec� tne motion e�irrlec� unanimously. � i�.• • �� :. •:� •' �, � P •�.�. � •. .,. � .. _�� • i s � � S N10TIOPI by Councilman Hamernik to acbpt Reso3ution No. &6-19$4. Seconaec� by Councilman Barnette. Upon a voice vote, all vcung aye, P4ayor D7ee declared the r.rotion carried unanimously. 10. RFSOLL7TION N0. 87-19$4 DFSTGNATINC� POLT�7� PLACES An1D APPOINTING GLECTION 7CL�ES FOR THE SEPTII�7BER 11 , 7 984 STA`I'�ICE PRIMARV ET.E�ION: MOTION by Councilman Barnette to adopt Resolution No. 47-19�4, with the chanqe in Section 6 for compensation of Reguldr Judles to be at $4.00 �er hour and compensation for the Chairmen oi 11�e �3ectic�n Eoarc to L�e �t $5.00 per hour. Seconded by Councilman Fiamermk. U�on a vaice vote, a11 votia�g � aye, Mayor Nee declared the motion carriecl unai7imous3y. 11. RESOLUTION N0. 88-19$4 TO APPROVE THE �IX CITIES WAT�RSHED P4ANAGEP'iENi ORGANIZATION BUIIGET FOR 1985: � P'lOTION by Councilman Hamernik to adapt Reso3u�ian No. 8II-1984. Seconcled by Councilman Barnette. Upon a voice vote, all votiny aye, Mayor Nee deciared the motion carried unanimously. 12. RESOLUTION NQ. 89-1984 APPROPRIATING P4UNICIPAL S^1ATE-AID FUNP.S TC A P4UNICIPAL OFF SYSTFT7 PRQ7ECT: Mr. Flora, Public Works Director, stated this resoluticn is to obtain Scate Aid Funds for the portion of the bikeway/�aalkway systeir� alonq 73rd f_rom Ole� Central to Stir�son Boulevarc]. MOTION by Councilman Barnette to adopt Resol�ation No. 89-1984. Secondecl bp Councilman Hamernik. Upon a voice vote, all -vaiin�� z,ye, M�yor Nee aecl�red -13- �k �`ir � �`��;a ��1� �\ � . ,� � ��. the motion carriec3 unaninously. • • ,r .� . � ... � . � �. � •. � Mr. Flor�, Public Works Director, stateG thls resolution is to obtain State Aid Funds ior costs associated with the traffic signal construction at East River Road and 43rd Avenue. N+DTIOPd by Councilman Fitz�trick to adopt Resolution No, 90-1984. Seconded by Councilmar_ Hamernik. Upon a voice vote, all voting aye, Mayor Nee � declared the mation carried unanimously. � • � • � �� .� � � 91� • :i • _'�_ e4r. Flora, Fublic Works IIirector, stated Superamerica is proposing to construct a new service station on 57th Avenue and Highway 47. He stated an agreenent was m�de ta vacate a portion of the existing service drive and Superamerica woulc9 construct a new sexvice drive to City specif-ications and then deed it over to the City. He stated in order for Superamerica to obtain turnback property from the State Highway Department, the City will quit claim ats right ta the property to expedite the property transfer. Mr. Herrick, City Attorney, felt it is important to make certain that, in acldition to ttie resolution, there be an agreement or understanding with Superamerlca that until the new service drive is constructed, the old one w�ll stay in service ancl the resolution will only be effective if, in fact, the plan is completed. P�TIOD] by Councilman Hamernik to adopt Resolution No. 91-1984. Secondea by Councilman Barnette. Upcan a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to subnut a letter of transnittal, along with the above resolution, ind2catrng the City's deeding of this property is � sub�ect to the successful completion of the pro�ect and construction of the new servace dnve. Further, the exssting service �rive shall be maintained until the new service drive is completed. Seconded by Councilman Barnette. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimausly. 15. RFSOL�JTION I�. �2-1984 APPRCJVII� 7AT SPLIT �r84-07 AT 411 & 415 57TH PT1�,C� N.G. BY BRANDON �NS'IN'KUCPION, INC.: MOTION by Councilman Hamermk to adopt P.esolution No, 92-1984. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrieci unanimously. ln`. RFSOLUTTON N0. 93-1984 O�NFIRMING ASSESSMENT FOR STORM SEWER IMPROVEMENT PROJEGT N0. 132: -14- � � � � C��.1� i � _ �. � � ,K . ' : � PfDTION by Councilman Barnette to adopt Resolution No, 93-1984. Secondec7 by Councilman Hamernik. Upon a vaice vote, a]_1 vating �ye, D4ayor Nee declared the motion carried unanimously. �_. • .� �l \� •� 'i� �y� 1. _\I1 � � � • � �� • e \ l �' • � � � 4�u_ � �• � : �_ ' _�► ' �P a ` 1. l . \i�9�1►.:'.1 � . . � - Ni�TION by Councllman Hamernik to adopt Resolut�an No. 94-1984. Seconc�ecf by Councilman Ftizpatrick, Upon a voice vute, all vating aye, I�Iayor I�ee declared the motion carrie� unanimously. 1: ��_. ._�. � .,..� ��,�4" •� � ■ •• • i. ��, . Mr. Flora, Public ti�7orks Director, stated bic7s were opened on July 18, 1984 � for a new dehumidifier unit to be instal_ied at the Locke Park I'iltracion Plant. He stated three heating/air condit�oring and shec-t metel compan�es bid on the pro�ect. P70TIODI by Councilman Hamernik to receive che �ids. ELECTRIC GAS DELIVERY VII�IDOR BID BOND (r ular _ (alternate) I�1TE Allan Heating & Ps r Conditloning 6020 Culligan Way Minnetonka, P'�I 55343 Egan & Sons Com�ny 7100 hfedicine Lk. Rd, tdpls. , MN 55427 Chuhla Group of Insurance Com�nies American Institute of Architects General Sheet Metal Chubb Group 2330 Louisiana Ave N. of Insurance Mpls., MN 55427 Comp�nies 23,5C1Q.00 32,224.OG 20,1917.OG 2Q,775.Q0 18,3y6.�0 20,915.00 Sept. 3G, 1984 A�ter Sep'r_. 3G, 19l34 Sep�. 3�, 1984 Seconded by Councilman Fitzpatrick. Upon a voice vote, all vcting aye, PM1ayor Nee decicred the motion carried unammously. Mr. Flora stated the bids were received for an electrical fireca dehumidiL-ier unit, with the gas unit as an alternate bic�. He stated because there wasn'� that much difference in cost for the electricGl Fired or gas oired unat, staff would recommend a gas unit which wou�d be mare cost ef£ective. He stated the laa bidder for the gas unit was rg�n and Sons in the arnount c� $20,775. MOTION by Councilman Aamernik to award the eontract for tYie dehumidzLier unit to the laa bldder, Egan anc3 Sons Canta�ny for a Bcy-Air gas ianit in the amount of $20,775 on the basis that the existiny unit is gas fired an� the utilities are there ancl use of this unit would be more cost effective than -15- �� `� C� f? 19 r�i] ��m� _ . . � n :��:i� the electric wut, Seconded by Councilman Fitz�trick, Upon a voice vote, all vc�tiny aye, Mayor Nee declared the motion carried unanimously. •�_.� � •� '� � � •�•� • •�,� MOTION by Councilnan Barnette to approve this request for a temporary trailer license permit through mid 1986. Seconded by Councilman Hamernik, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanarrously. LICENSFS: MOT7OP7 by Councilman Barnette to approve the license as submitted and as on iile in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. ESTIMATFS: P70TION by Cauncilrr�an Fitzp�trick to approve the estimates as submitted. H & S 1Ls�alt 70d Industry Avenue NW Anoka, MN 55303 Street Improvement Pro�ect Pdo. ST 1984-1&2 Partial Estimate No. 3 f3alvorson Construction Com�ny 4227-165tY� Aver�ue NE Wyonung, P�7 55092 19II4 M�scellaneous Curb & Gutter & Sidewalk Pro�ect PartiG]. Estimate t7o, 3 Hickock & Associates 54F Indian P9ound D]W Wayzar.a. M[J 55391 Moore Lake Restoration Pro�ect IT For Professional Services Partial Estimate - 3une, 19i?4 P�ior�ette Canstruction Com�ny 2050 WI-i�.te Bear Avenue St. Paul , N7N 55109 Fridley Garage/Storage Facility Fartial Estlmate No. 1 Sraith, 3uster, Feike�na, Malmon & Haskvitz -16- $ 34,979.82 $ 3,038.10 $ 6,718.16 $ 11,970.00 LJ � LJ � � L_J [��;i1�I _ �. � � ,e1 _ . � : � 1250 Builders Exchange Buildinq Minneapolis, MN 55402 For legal services rendered as Prosecutor for the month of June, 19$4 Herrick & Ne4m�zn, P.A. 6279 University Avenue N.E. Fricl].ey, i�I 55432 For Legal Services as City Attorney for the month of June, 1964 Hazardous Waste Processing Invoice No. 2544. June 3- June 26, 19II� $ 6.515.6G $ 2,L26.7O $ 3&5.85 Seconded by Councilman Barnette. Upon a voice vcte, all voti�� aye, htaycr Nee declared the motion carried unammousiy. 22. CL�AINLS: MOTIOPd by Councilman Barnette to authorize �aymeni oi Claims No. 195524 through 216Z09. Seconded by Councilman Hamernik. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried una�nimously. �! �. '�� MOTION by Councilman Barnette to ad�ourn t?�e meeting. Seconded by Councilman Hamernik. Upon a voice vote, al7 voting aye, Mayor Nee c3eclared the motion carried unanimously and the Regular i�eetireg of the Fric�ley City Council of August 6, 1984 ad�ourned at 10:30 p.m. Respectfully submitted, �'a2.,� �..�,c�� Carole Hadc7ad Secretary to the City Council Approved: August 20, 1984 _ -17- , � c �i��' �� W1111am J. I� Mayor � �� _ �/L--t'_- ��',�