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06/15/1987 - 00011138� 1 ' OOG�9�. TfIE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 15 1987 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m, by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Couneil and audienee in the Pledge of Allegiance to the Fl a8. ROLL CALL: hEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatriek and Councilman Goodspeed MEMBERS ABSENT: None APPRWAL OF MINUTES: COUNCIL [�ETING. JUNE 1, 1987: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: 1he following item was added to the agenda: (21) Consideration of First Reading of an Ordinance Recodifyang the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the t4ayor and Counc3lmembers in Accordanee with Seetion 2.07 of the Charter of the City of Fridley. MOTION by Councilman Goodspeed to adopt the agenda with the above addition. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VLSITORS: Mr. Scott Lund, on behalf of the Fridley $9er's and Jaycee's, presented a 49er's button to Mayor Nee. He stated several outlaws were here this evening to sell these buttons and hoped everyone would participate in the 49er Days celebration. PUBLIC HEARINGS: CONSIDERATION OF A FINAL PLAT. P.S. #87-04, KEN'S 1ST ADDITION, GENERALLY LOCATED SOUTH OF 7�TH AVENUE, WEST OF MAIN STREET AND NORTH OF OSBORNE ROAD, BY KEN HUREAU OF R�EWOOD PROPERT�S. INC.: -1- � � , 2 3 �SiL/�id •w COUNCIL MEETING OF JIINS 15. 1987 MOTION by Couneilman Goodspeed to waive the reading of the public hearing notice and open the public hearing. Seconded hy Councilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously and the public hearing opened at 7:43 p.m. Mr. Robertson, Community Development Director, stated this plat consists of approximately nine aeres on Main Street between 77th Avenue and osborne Road for development of office/warehouse facilities. Pe stated the petitioner was requested to plat this property because oF a lengthy legal description. Mr. Robertson stated the Plamm�g Commission recommended approval of the plat at their May 20 meeting with three stapulations relating to the park fee, bikeway/walkway easement, and providing additional right-of-way. He stated the developer is in agreement with these stipulations. No persons in the audience spoke regarding this proposed plat. MOTION by Councilman Goodspeed to close the public hearing. Seconded by Couneilman Fitzpatrick. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:45 p.m. OLD BUSINESS: ORDINANCE N0. 888 RECODIFYING CHAPTER 205 OF THE FRIDLEY CITY CODE, AS IT RELATES TO HEALTH CARE CLINIC PARKING, CHURCH PARKING AND GARAGE SETBACKS: Mayor Nee stated this ordinance had a first reading on June 1 and the staff has requested that a portion of this ordinanee relating to waste containers be removed at thas time. Mr. Robertson, Community Development Director, stated there were questions rai.sed at the last meeting regarding certain waste receptacles and when staff reviewed the item further, it was found there are ambiguities that remain 6ecause of updating over the last several years. He stated it will take several weeks before it is reviewed more thoroughly for revisions and recodification. He stated, however, the Couneil could consider the second reading of this ordinance coverin� garage setbacks and clinie and church parking. MOTION by Couneilman Sehneider to waive the second reading and adopt Ordinance No. 888 on the second reading and order publication. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, CONSIDERATION OF APPOINTMENTS TO ENVIRONMENTAL QUALITY AND ENERGY COMM75SIONS: MOTION by Councilman Schneider to table these appointments. Seconded hy Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -2- � eioii � � � 5 � Gt�Cia`��.� COIINCIL MEETING OF JUNE 15. 1487 NEW BUS INESS : Mr. Herrick, City Attorney, requested this item be tabled to the next meeting as he has some questions from staff regarding the proposed ordinanee. MOTION by Councilman Sehneider to table this item to the next regular meeting. Seeonded by Councilman Fitzpatrick, Upon a voace vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. [�ly OIS ON : Mr. Robertson, Community Develogment Uirector, stated this request is to vacate an existing utility easement and replace it with a 10 foot drainage and utility easement on the north and a 25 foot utility and drainage easement on the west. Ae stated this vacation is in conjunetion with plat P.s. �87-03 � MOTION by Couneilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Couneilman Goodspeed. Cipon a voice vote, all voting aye, Mayor Nee deelared the motion carried unaaimously. RESOLUTION N0. 47-1987 APPRUIING A FINAL PLAT P.S. #87-03, OLIVER OLSON ennrmrnwt nu Twm n vonr em na r nm � n. nrv � �>c�Tmrc ecrnmm �nTrm'rnr,t nnm T nT N.E., BY DONNA OLSON: Mr. Robertson, Community Develo�ent Director, stated a public hearing wa� held on this plat at the Council meeting of June 1. He stated the plat shows a 10 foot easement on the north and a 25 foot easement on the west. He stated stipulation No. 3 had to be redrafted because the street easement is not a part of the plat, but a separate document, MOTION by Couneilman Fitzpatrick to adopt Resolution No. 47-1987 with the following stipulations attached as Eadiibit A: (1) provide for the following lot uidths: a) corner 75 feet; b) middle 70 feet; c) westerly approximately 121 feet (incorporated on rev3sed plat received June 10, 1987); i2) Provide a 25 foot street easement along west of property with 25 foot trisngle at interseetion with 64 1/2 Way, Petitioner not to be assessed for new street provided they do not access it; (3) provide 10 foot utility and drainage easement all along north of plat plua a 25 foot utility and drainage easement along west of plat (incorporated on revised plat received June 10, 1987); (4) all future electric serviee to be underground; (5) two park fees -3- 0� ���� �� COUNCIL MEETING OF JUNE 15 1 87 � of $750 each to be paid with building permits; (6) lot width varianees are approved with subdivision; corner lot from 80 feet to 75 feet and middle lot from 75 feet to 70 feet; (7) improve entranee to existing house by eliminating old garage door and reorienting entry; and (8) no aceess allowed on East River Road. Seconded by Councilman Goodspeed. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. ITEM FROM THE PLANNING COt�]TSSION MEETING OF MAY 20, 7987� A. CONSIDERATION OF A SPECIAL 0.5E PERMIT, SP �87-09, TO ALL047 OFFICES NQT ASSQGIATED WITH THE PRINCIPAL USE, GENERALLY LOCATED SOUTH OF 77TH AVENUE, WEST OF MAIN STREET AND NORTH OF 0.SBORNE ROAD. BY KEN BUREAU OF R�EWOOD PROPERTIES, INC.: Mr. Robertson, Community Development Director, stated this is a req uest f or a special use permit to allow offices not associated with the principal use in an industrial zone. He stated plans are to construct two buildings totaling 113,000 square feet with 29$ lot coverage. He stated the parking ratio associated with a building of this type was one stall for every 500 square feet of floor area and would require 226 stalls. Ae stated the plan presently shows 212 stalls and this deficit is addressed in the stipulations. He stated the berming and drainage has been reviewed and approved by staff. Mr. Robertson also reviewed the type of construction materials which would be used for these buildings. � Co�ncilman Goodspeed stated at tkie P1 anning Commission meeting there was discussion regarding the Zoning Code and if it should be eh anged to accommodate these types of buildings and there was concern about the additional Eraffic. Mr. Robertson felt this was a valid concern and a review should probably be done to see what type of uses the Counell wishes in a manufaeturing zane. Mr. Herrick, City Attorney, stated the discussion at the Planning Commission was pertinent and felt it may be a good 3dea to review the Zoning Code. He stated industrial uses are changing somewhat to a more high tech use. He stated, originally, the City did allow commereial in an industrial zone, however, this was changed several years ago. IIe stated he hasn�t been terribly concerned with these developments because he felt they are good quality. He stated persons having heavy industrial plants would be harmed by this type of commercial use in a manufacturing zone. He felt the distinetion is becoming leas elear and probably should be reviewed and expand the definition or revert back to the type of z oning that was previously in effect. Mr. Bureau, the petitioner, stated development in the 1�in Cities is towards light multi-use hzgh teeh and away from heavy industrial. He stated he felt this would be a nice development for the eommunity. He stated the buildings would be brick with burnished bloek with the doorways opening under a � canogy, He stated they are seeking tenants who are light industrial users, but would not say they wouldn't have tenants who are retail oriented. -4- 0���� COIINCIL MEETING OF JUNE 15. 1987 ' Mr. Bureau stated Rosewood Properties has been in the development business over 20 years and constructed buildzngs in several 1t�rin City communities and in Arizona and E7,orida. He stated they were involved in the Renai�sance Square restoration at 5th and Nieollet in Minneapolis, and they remodel as well as construct new buil dings. MOTION by Councilman Goodspeed to grant special use permit, SP f687-09, with the following stipulations: (1) developer to supply to City tenant type and building srea caleulations prior to each oceupancy to monitor usage and parking supply. Parking need, by Code, not to exeeed supply; (2) provide at least one stall per 500 square feet of building floor area to meet Code. All stalls to be 10 feet w3de, exeept handicapped to be 12 feet wide; (3) developer to construct facades as illustrated on original elevations with recessed entries, brick corbelling over signage band and brick columns in front oP entries as �own; (q) grading plan to provide for berming, at least two feet above eurb, along all right-of-ways, to screen parking; (5) shrubbery to be planted at the top and street side of berms; add notation to landseape plan; (6) refine landscape plan with additional shrubbery and increased shrub sizes; (7) provide five 8-foot high spruee trees on extreme southwest corner of site to screen loading area from Osborne Road; add to planting plan; (8) provide detailed foundation planting plans with trees and shrubs to break up architectural mass; (9) all green areas to have underground automatie sprinkling; (10) a11 dumpsters to he located inside buildings or in enclosed masonry structure; (11) provide for steel posts � adjacent to loading doors to protect building; (12) all rooftop equipment to 6e sereened from view from right-of-ways; (13) provide a comprehensive szgn plan. Final plan to be agproved after building is construeted; (14) grovide evidence of St. Paul Water Works approval for all work in easement prior to building permit; (15) Provide a comprehensive lighting plan; (16) no overhead doors facing any right-of-ways; (17) all boulevard landscapang and irrigation to be installed prior to occupancy of first building; and (18) a performance bond or letter of credit equal to 3 Pereent of construetion value to be submitted prior to building permit. Seconded by Councilman Fitz patrick. Mr. Dick Harris, 6200 Riverview Terrace, stated he is familiar with Rosewood's operations and felt this development would be an asset to the community. He stated he is concerned, however, with the intersection of Main Street and Osborne Road. He felt this development, as well as the development oP the apartment complex to the north, wou7.d add to the traffic problems. He stated he doesn't have the answer to the problem and didn't knoN if si�naliz ation could be provided. Mr. Harris stated he felt the City was stretehing the purpose of the special use permit in allowing these types of development in an M-2 distriet. He felt the Zoning Code should be redesigned to fit today's needs. Mr. Flora, Public Works Direetor, stated there are 4,500 vehieles per day on Main Street and between 20,000 to 25>000 on Osborne Road. He stated with the County improvement next year on Osborne Road, they will also improve the ' intersection at Main Street and Osborne Road. He stated when the traffic warrants signalization at this intersection, the County would be willing to install it. He stated, at this time, traffic is not heavy enough to warrant -5- O�i€���: COUNCIL MEETING OF JUNE 15 1 87 � a signal, He felt the widening of Osborne Road would improve the visibility and traffic flow at this intersection. UPON AVOICE VOTE TAI�N ON THE ASWE MOTION, all voted aye, and Mayor Nee deelared the motion carried unanimously. Mayor Nee requested staff prepare modifications to the Zoning Gode, as discussed at the Planning Commission meeting, and submit these reeommendations at a Conference I�eting. 8. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE �, 1987: A. COAS IDEHATION OF A SPECIAL USE PERMIT, SP #87-10, TO ALLOW A SECOND ACCESSORY BUILDING ON LOT 15. BLOCK 3 MELODY MANOR �ITH ADDITION. THE SAME BEING 7531 LYRIC LANE N.E., BY JEROME AND JANET MEYER: Mr. Robertson, Community Development Director, stated this is a req uest f or a special use permit to locate a second aecessory building at 7531 Lyric Lane. He stated this item was before the Planrung Commission on June 3 and, after considerable diseussion, the petitioner was encouraged to explore the possibility of relocating the power line underground in order to place this building in a more convenient location and requiring less lot coverage. Mr. Robertson stated there were objections raised to this request and the � Piannxng Commission recommended denial. Mr. Robertson stated the petitioner is walling to locate the power line underground and change the location of this accessory buil ding, theref ore, the Council can consider the request or refer it baek to the Planning Commission. He stated the new proposal is to locate the double garage at the easterly rear corner of the lot. Mrs. Meyer, the petitioner, stated they are proposing to construct a double garage for storage. She stated they found they could bury the power line cable and locate the garage on the slab in back of the lot. She stated this is acceptable to them as they want to keep a low profile and the 6uilding would have no electricity and used only for storage. Mr. Gams, 7517 Lyric Lane, stated he felt the reason the Flanning Commission recommended denial of th3s request was due to the ratio of lot coverage versus open area and not being in character with the neighborhood, rather than the location. Mr. Gams stated he felt the City has an ohligation to follow the recommendation of the Planning Commission and didn't feel they would recommend approval because the locaton was changed, as their concern was the amount of green space. Mrs. Meyer stated there are several homes in the area that have extra garages for storage. She stated one in particular is located at Melody Manor and Ballet Boulevard. 1 Mrs. Judy Zimmerman, 7578 Tempo Terraee, stated she lives at the property directly behind the Meyer's. She stated a major part of her yard joins � Q,�'�'��'ti''r COUNCIL MEETING OF JUNE 15. 1987 � thelrs and there is a six foot fence around the property. She stated she can see inside the yards when she is in her home and feit the second accessory building would be an eyesore in a residential area. She didn�t Feel these residential lots are meant to be covered with this many buildings. Mrs. Zimmerman stated iP the special use permit is granted, it would depreciate her, as well as the Meyer's, property values. She stated it was mentioned at the Planning Commisson meeting that the cars wouldn't be moved ail winter. She stated this isn't the time she is out in her yard, but during the summer months when the cars will be moved. Mrs. Gams, 7517 Lyric Lane, stated she would not consider buying a home where she had to look at a garage in the back yard which would be Mrs. Zimmerman's case, if the special use permit was granted. She stated she would consider it an eyesore. Mr. Ron Kioyda, 7522 Tempo Terrace, stated about ten feet of their yard borders on the rear of the I�yer's property on the southeast corner. He stated he objects to this speca.al use permit even if the location is changed. He stated he felt, with the additional building on the property, it would reduce the value of adjacent properties in the area. He also felt it would limit the resale possibilities not only of the Meyer's property, but his property as well, as it would be quite difficult to find someone interested in purchasing property with this many garages. � Mrs. Zimmerman asked if the letters and petitions received by the Planning Commission were forwarded to the City Council. Councilman Goodspeed stated the Council had received them. Mayor Nee stated he was under the impression, the relocation of the garage would solve the problem and satisfy the neighborhood, but apparently this isn�t the case, Mr. Billings, Chairman of the Planning Commission, stated the location where the garage is proposed to be located, at thi� time, already has a conerete slab which runs from the existing garage to the proposed garage. He stated the proposal before the Planning Commission was to construct a garage on the other side of the lot which covered a considerable amount of the green area. He stated from the comments he has heard, he felt the neighbors were not necessarily in favor and the relocation wasn�t an aeceptable compromise. He stated it is, however, a better proposal than was before the Planning Commission. Mr. Billings stated at the Planning Commisson meeting several neighbors testified, when these homes were built, they were limited by the developer on the sixe of the home in relation to the s�,ze of the lot. He stated the entire addition is faarly well-balanced in regard to this ratio. He stated several residents were concerned that this request is not in keeping with the initial intent for the development. � Councilwoman Jorgenson asked the Meyer's af all their vehicles would be covered, 1f the special use perm3t was granted. Mrs. Meyer stated they would not and there would be some outside storage, -7- � � � 9. ���s��' COUNCIL MEETIAIG OF JUNE 15. 1987 Mr. Meyer stated they have a metal storage building behind their existing garage and would replace it with the second aecessory building. He stated they would bury the power line eable and the siding of the new garage would match the house. He stated they plan to store their classie automobiles and there would be no major repair in the garage. He stated there is a hedge in the back and they intend to keep a low profile, Mr. Meyer, 7523 Tempo Terrace, stated he is a new resident to Fridley and the reason he chose to live here was because he liked the looks of the neighborhood. He stated he submitted a letter to the Planning Commission and would like to reaffirm his point that he was not in favor of this special use permit, and didn't want the looks of the neighborhood to change. Couneilman Goodspeed stated he can understand the Meyer's dilemma and the need for additional storage. He stated, however, tlie neighborhood is not in favor and feels it is not compatible with their homes. MOTION by Councilman Goodspeed to deny special use permit, SP �87-70. Seeonded by Couneilman Schneider. Councilman Schneider asked Mr. Herrick the grounds for denial of this special use permit. Mr. Herrick, City Attorney, stated the Council should make a determination wheiher the construction of the proposed building would have an adverse impact on ad�acent properties in the neighborhood. Councilwoman Jorgenson asked if there are other homes in the neighborhood that have second accessory buildings other than the one mentioned at Melody Manor and Ballet Soulevard. Mr. Robertson stated there are several in the area. UPON A VOICE VOTE TAREN ON THE ABWE MOTION, Councilman Goodspeed, Councilman Schneider, Mayor Nee and Couneilman Fitzpatriek voted in favor of the motion. Councilwoman Jorgenson voted against the motion, Mayor Nee declared the motion carried by a 4 to 1 vote. B. CONSIDERATION OF A VACATION. SAV �87-04, TO VACATE EASEMENTS ON LOT 4, BLOCK 2, EAST RANCH ESTATES SECOND ADDITION, GENERALLY LOCATED AT 771D UNNERSITY AVENUE N.E., BY J. BENSON AND G. BRADHURY: MOTION by Couneilman Schneider to set the public hearing on this vacation request for July 6, 1987. Seconded by Councilman Fitz patrick, Upon a voice vote, a11 aoting aye, Mayor Nee deelared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of June 3> 1987- Seconded by Councilman Fitz patrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unani.mousl y . ITEM FROM THE PLANNING COI�R�I]SSION MEETING OF MAY 6, 1987: � � �C��:�,'"� COIINCIL MEETING OF JUNE 15, 1987 A. CONSIDERATION OF A SPECIAL ASE PERMIT, SP #87-05, TO ALLOW Mr. Robertson, Community Development Director, stated this is a request for a special use permit to allow offices not assocaated with the principal use and to allow exterior storage of materials and equipment. He stated there is also a varianee requested in conjunet3on with this special use permit. He stated the property is loeated on the aoutheast corner of 83rd and Main Street and is zoned heavy industrial. Mr. Robertson stated this development would consist of three multi-use buildings to be eompleted in three different phases. He stated 45$ would be used for offices and the rest of the space used for warehouse facilities. Mr. Robertson etated the Planning Commission considered this request on May 6 and recommended approval with nine stipulations. He stated these stipulations have been reviewed with the petitioner, Mr. Maertens, and some amendments are needed. He stated the petitioner cannot comhine the lots because they are under a contract for deed. He stated as far as the large mound of fill, the Planning Commission recommended it be removed and landseaping installed. He stated Mr. Maertens has some problems with this � and suggested the mound be lowered and reshaped. He stated staff felt this satisFied the intent to provide a screen until such time as the other buildings are constructed. He stated in addition to providing a fence around the storage area, vines should be planted around the perimeter. Mr. Robertson stated in regard to the sign plan, Mr. Maertens stated he has no plans for any signs and would supply a comprehensive sign plan at any time his tenants wanted a sign. Mr. Maertens, the petitioner, stated he is not enthused about all the stipulations, but reached an agreement where they are willing to accept them. Mr. Qureshi, City Manager, stated Vantage Companies at one tame indicated they had acquired interest in these lots for a proposed development. He stated their plans were for a high-quality deaelopment on this site. Mr. Maertens stated Vantage had a purchase agreement whieh they allowed to expire. Mr. Qureshi asked the type of building materials which would be used and if it would be mostly briek. Mr. Robertson stated the the top part of the window would be a hriek band and burnished block under the windows on the exterior. He stated the interior elevations would be painted eoncrete block. � Mr. Qureshi asked what materials would be used on the easterly wall of the east/west building, Mr. Maertens stated it would be concrete block. � 4�C�",� COUNCZL MEETING OF JUNE 15. 1987 ' Mr, Qureshi asked if the setback requirements are met on the side of the = development abutting Raffaele's. Mr. Robertson stated that setbacks are met on this particular side of the development. Mr. Qureshi questioned if provisions were made for drainage. Mr. Maertens stated there are three different drainage ponds proposed, one for eaeh phase. He stated the pond for Phase 1 would be located west of the building. MOTION by Councilman Goodspeed to grant speeial use permit, SP �k87-05, with the stipulations as follows: (1) petitioner apply for building setback variance from 83rd Avenue and process concurrently with special use permit; (2) provide and record a joint driveway easement between lots 3, $ and 5 prior to first building permit; (3) provide improved facade plans for staff approval - end elevation materials should be consistent with front elevation. All loading doors and man doors in loading area to be painted to soften visual appearance, utility meters to be toally screened from public view; (4) provide screening for loading doors on Phase 1 building through installation of a berm with shrubbery in the open area along 83rd Avenue with Phase 1 construction (plan to be approved by staff); (5) mound of fill adjacent to 83rd Avenue to be reshaped and lowered prior to oecupancy of Phase 1 building; (6) provide a decorative masonry screening wall at the northwest corner of building three to screen loading doors; (7) provide eight foot high opaque sereening fence around storage area in Phase 1 construction with vines planted around perimeter; (8) developer to supply to City tenant type and huilding area caleulations prior to each occupancy to monitor usage and parking supply. Occupaney not to exceed parking supply; (9) all green areas to have automatie underground sprinkling; (10) all shrub beds to be edged and mulehed with rock over a weed barrier; (17) landscape plan to be refined to include: (a) two techny arborvitae hedges, planted three feet on center, located on the north and south of the loading area drive oFf Main Street; (h) plantings for the green area east of building two; and (c) street trees, 40 feet on center, along Main Street; (12) a comprehensive sign plan to be provided prior to applying for individual sign permits; and (13) material samples of all facade materials to be submitted for staff approval prior to oonstruction permitting. Seconded by Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. ITEI�S FROM THE APPEAIS COMM7SSION MEETING OF MAY 26, 1987: A. CONSIDERATION OF VARIANCE REQUESTS. VAR �k87-17. TO DECREASE THE SETBACK FROM A STREET RIGHT-OF-WAY LINE. ABUTTING A FIRST ADDITION, ALL GENERALLY LOCATED SOUTH OF 83RD AVENUE AND WEST OF UNN ERSITY AVENUE N.E., BY M-B PROPERTIES: � Mr. Robertson, Community Development Director, stated these are requests for variances to decrease the setback from a street right-of-way line from � 100 to 90 feet and from 100 to 35 feet to allow the construction of -10- �O�:u w �` COUNCIL MEETING OF JUNE 15. 1987 � warehouse/office buildings. He stated normally a varianee is granted for - one year, however, because this is a phased development, the petitioner is requesting the variance extend for a five year period. Mr. Robertson stated the hardship cited was that a 100 foot setback on 83rd was imposed when the City recently rezoned the land to residential north of 83rd. Mr. Robertson stated the Appeals Commisson at their May 26 meeting recommended approval of the variances. Councilman Fitzpatrick stated it seems fairly heavy screening is required along the north edge in anticipation of the effect on adjacent residential property. Mr. Quresh3, City Manager, stated Raffaele's Restaurant is set baek quite far and this proposed building would be closer to the street. He felt there could be a smaller building in order to reduce the variance reque�t. Mayor Nee asked what setback would be required if the City had not rez oned for the apartment complex. Mr. Robertson stated it would be 35 feet. Mr. Qureshi stated he didn't have a problem with Phase I, but could not anticipate what would happen in the future. He stated, normally, variances expire in one year. � Mr. Herrick, City Attorney, stated it seems to make sense to treat these buildings separately since they will be construeted in phases. He stated as development occurs, there may be a different feeling as to how the Council wishes the property to develap. Mr. Maertens stated they are looking at a long range plan for the total parcel. He stated if they cannot build a certain amount of square feet, they probably won't build at all. He stated no variance is needed for the first phase, but he wanted to know what can be built in the future. Ee stated when the ad�acent property was rezoned, one of the stipulations was it not impact on the industrial property in the area. Mayor Nee stated he did not recall this being part of the stipulations for the rez oning. Mr. Herriek also stated he had no recollection of this being one of the stipulations and if it becomes an issue, it would have to be cheaked. Councilman Schneider stated he felt there was a hardship created by the City's rez oning for the apartment complex. He stated if that property had not been rezoned, Mr. Maertens would be able to build according to his proposed plans. Councilwoman Jorgenson stated she believed Mr. Maertens statement was correct and when the City rez oned the property for the apartment complex, � it wasn't to interfere with other uses. Councilman Goodspeed stated he would have no problem granting the variance — if the entire constructa.on were to occur at this time. He thought perhaps _��_ �V� i.Y v, �� COUNCIL MEETII� OF JUNE 75. 1987 ' the var3ance could be granted for two years. Mr. Maertens stated if the variance was granted for only two years, they would be penalized for not being able to construct all three buildings at one time. He stated he Imows the third building wouldn't be constructed in two years, possibly not in five years. MOTION by Councilman Goodspeed to grant the variance requests, V AR #87-17, for a five year period taking into consideration the hardship imposed on this property when the Council rezoned property for the apartment complex. Seconded 6y Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. H. CONSIDERATION OF A VARIANCE REQUEST, V AR �k87-18, TO REDUCE THE REQUIRED SIDE YARD SETSACK FROM 10 FEET TO 5 FEET ON LOT 2, BLOCK 2, SYLUAN HILIS ADDITION, THE SAME HEING 6251 RAINBaW DRNE N.E., BY RICHARD AND JAYNE FRANTA: Mr. Robertson, Community Development Direetor, stated this is a request to reduce the side yard setbaek from 10 to 5 feet at 6251 Rain6ow Drive in order to allow an addition to an existing home. He stated the petitioner reviewed several alternatives and felt this proposal best served their needs. � Mr. Robertson stated the Appeals Commission reviewed this request and recommended approval with two stipulations whieh he outlined. Mrs, Franta stated she and her husband have diseussed the proposed addition and are considering another alternative. She stated they are concerned whether the house is "legal" because of anly the five feet from the lot line in the rear of the property. Mr. Herrick, City Attorney, stated the house is already existing and grandfathered in so there is no legal problem with selling the house. Mrs. Franta stated since they are considering alternative plans, the Couneil did not have to take action on this varaance request. C, CONSIDERATION OF A V ARIANCE REQUEST. V AR �k87-19 TO REDUCE THE REAR YARD SETBACK FROM 25 F'EET TO 14 FEET ON LOT 2, BLOCK 1, RICE CREEK E�TATES SECOND ADDITION, THE SAME BEING 1531 WOOASIDE COURT N.E., BY JENNY RILEY: Mr. Robertson, Community Development Direetor, stated this is a request to reduce the rear yard setback from 25 to 14 feet to bring an already existing three season porch into a legal conforming use. He stated the person who built this porch did not obtain a building permit and h as sinee passed away. He stated the property has been sold and the previous owner � or new owner were not aware that this property was not in complianee with the code. Mr. Robertson stated a neighbor, Mr. and Mrs. Reseh, called and stated -12- � � ' ��'�s� _ ::� COUNCIL MEETING OF JUNE 15. 1987 their notice of this variance request was delayed as it went to another address. He stated the message received was they were against the variance and planned to attend this meeting. Ms. Riley, the petitioner, stated this was incorrect and that Mrs. Reseh was going to come to the meeting to support the varianee, but was upset because she didn't receive notification. Councilman Schneider asked how far the homes on Rice Creek Road are located to this porch. Ms. Riley stated they were 6D feet as this question was brought up at the Appeals Commission meeting. Councilman Schneider stated he didn't want to eneourage people to build without a permit, but under the circumstances, if the poreh has been in existence for seven years with no complaints, there apparently are no objections. Mr. Herriek, City Attorriey, stated he would advase the Council to treat this request as if it were an application to construet the poreh and not as one that is already in existence. He stated he didn't think the Couneil should approve the request because someone built it without a permit. He stated if the Council is eomfortable that it would have been approved, if the request was being made now, this should be the basis for approval. He stated a significant factor is the house on the lot behind is substantially removed from the lot line. MOTION by Councilman Schneider to grant variance request, VAR ik87-1q, to reduce the rear yard setback from 25 feet to 14 feet at 1521 Woodside Court for the following reasons: (1) that the existing home is on a partial cul-de-sae so it is setback further on the propenty than normal; and (2) the property to the north is a deep lot and sethack considerably and substantially removed from the lot line. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee decl ared the motion carried unanimously. D. CONSIDERATION OF A V ARIANCE REQUEST. V AR #87-20, TO INCREASE THE MAXIMUM PERCENTAGE OF A LOT ALLQ�ED TO BE CW ERED BY THE MAIN BUILDING AND ALL ACCESSORY BUILDINGS FROM 40� TO 46.5� ON LOT 3, BLOCK 3, EAST RANCH ESTATES, THE SAME BEING 7770 RANCHERS ROAD N.E., BY ELO EIdG2NEERING-BELT LINE CONSTRUCTION COMPANY: Mr. Robertson, Community Development Director, stated this is a requeet for a variance to inerease the pereentage of lot coverage from 40� to 46.5� to allow an addition. He stated the petitioner was granted a variance in 1g83 to inerease their maximum allowable lot coverage to 45.5$. He stated the petitioner is requesting they be allowed to fill in a very small indentation. He stated the hardship cited was the additional square footage is needed to make the plant more efficient. Mr. Robertson stated the appeals Commission reviewed M�y 26 meeting and recommended approval with three outlined. -13- this request at their stipulations which he d�i�,� "', ��. COIINCIL MEETING OF JUNE 15. 1987 � MQTION by Councilman Goodspeed to grant this variance request, V AR �87-20, to increase the maximum percentage of a lot allowed to be covered by the main building and all aceessory buildings from �10� to 46.5�> with the following stipulations: (1) the north parking lot he striped; (2) the dumpster located on the south side of the building be fully sereened; and (3) the petitioner work with staff and neighbors on an approved drainage plan. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 71. RESOLUTION NO �F8-1987 APPR(NING A REVISED CONTRACT WITH SUPER CYCLE FOR CURSSIDE RECYCLING COLLECTION SERVICES: Mr. Robertson, Community Development Directcr, stated Super Cycle wi�hes to increase collections in the City. He stated by inereasing the frequency of collections, it increases Super Lj�cle's business and doubles the service to the residents of Fridley for about $10D less per month. He stated the City would be divided into two sections, north and south of Mississippi and collections north of Mississipi would be on the first and third Fridays and collections south of Mississ3ppi would be on the seeond and fourth Fridays. Mayor Nee stated he felt residents would be in favor of a more frequent pickup for their recyclables. � Councilman Goodspeed stated he received a call this week from a person who received a letter fr� her trash hauler blaming the City for the high cost of garbage disposal. He stated her argument was why should she recycle when the eharges are still the same fr� her trash hauler. Councilman Sehneider stated rates would really skyrocket, if there was more garbage going to the landfills and the recycling helps to eliminate some of these items. 12 � Mr. Herrick, City Attorney, stated there recently was a letter from a trash hauler about increased costs of dumping at the landfills and pl acing some restrietions on the number of cans and law❑ bags that would be hauled eaeh week. He stated this may be the same letter to whieh the person who contacted Councilman Goodspeed is referring. MOTION by Councilman Schneider to adopt Resolution No. 48-1987• Seconded by Covncilman Goodspeed. Upon a voice vote, all votin� aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated it appears the City doesn't have any control over this pro�eet even though MnDOT projects they will be in viol ation of the noise standards when this improvement is completed. He stated he felt MnDOT should work with the residents on the noise problem. Mr. Flora, Publie Works Direetor, stated the City gave preliminary approval -14- ' COUNCIL MEETING OF JUNE 15, 7987 to this project and had meetings with residents regardang the He stated MnDOT would be willing to consider a noise 6arrier, some eost sharing. �a��c,� '� r_ noise barrier. if there is Councilwoman Jorgenson asked if MnDOT is working with the neighborhood to resolve this noise issue. Councilman Schneider stated the Innsbruck Townhouse Developer signed an agreement with MnDOT that they wouldn't request noise barriers and the developer did notify his tenants of this agreement. He stated he understands, however, this does not affect the single family homes in the area. Councilman Sehneider stated MnDOT's own statistics indicate there would be a violation of the noise standards, therefore, they should probably purchase the several homes that would be affeeted. Mr. Flora stated MnDOT may be two or three decibels over the acceptable level for two or three of the townhouses in Innsbruek Addition. He stated MnDOT has taken the position they do not want to construct a noise barrier unless somone wants to help share in the cost. Councilman Schneider stated he would like MnDOT to work with the residents in this area whieh they haven't done, as far as he as aware. � Mr. Flora stated the cost to construct a barrier would be about $300,000 for a two or three decibel change which only afFects a few homes, therefore, MnDOT doesn't find it cost-effeetive. He stated the Council could revise this resolution to indicate they wouldn't gave final approval until the noise issue is resolved, but didn't know what MnDOT's reaction would be or the final result. I � Mr. Qureshi, City Manager, stated the City has been able to add a number of items to this project which are in the City�s interests such as the bikeway/walkway across the river and a connection to the River Road system. He stated a detention pond has also been added to deal with runoff in the cloverleafs and a new 20 inch pipe will be installed under the railroad bridge. Councilman Sehneider stated the residents have asked that someone, other than MnAOT, go out and take noise readings. Ee stated he didn't know if noise barriers are the answer, but felt they have an ohligation to work with these residents to do something about the problem. Councilman Fitzpatrick felt it was a farce to be asked to approve these plans when they do not Imow all the details and all the implications which could be massive. Mr. F7ora stated if the Council desires, reference could be added to the noise barrier. He stated this would focus MnDOT's attention on the matter, but he is not sure they would get any action. Mr. Qureshi stated he would recommend the resolution be adopted with any reasonable stipulations indicating the Council is concerned about the noise -75- 0�:;�:'.�, COUNCIL MEETING OF JUNE 15. 1987 1 barrier and request the Highway Department to continue to look at this problem. � 13. Couneilman Schneider stated MnDOT has offered $100,000 and this is all they will contribute. Mayor Nee asked if the Council did not pas� this resolution, if MnDOT would proceed anyway. Mr. Flora stated at some point they would probably advise that they hadn't rece3ved a resolution from the Council. Mr. Flora stated decibel readings were taken several years ago and projections were made based on traffic volumes to the year 2010. He stated it was found several areas would be above the decibel standards. Couneilman Schneider stated one decibel is doubling the sound and two decibels is quadrupling it. Mayor Nee felt the staff should investigate the facts and take decibel readinga for a report at the next Council meeting. He stated he felt MnDOT needs to offen damages to the people who are affected. MOTION by Councilman Schneider to table this item to the next regular meeting and request staff to initiate a fact finding report and if appropriate, take decibel readings. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Pribyl, Finance Director, stated this resolution is necessary to aecomplish the appropriation changes and ad,7ustments for the 1g86 budget required by the Government Finance Officers Association in cor�7unetion with the Award for Outstanding Financial Reporting. Ee stated because of the increasing requirements of the Award Program, the list of adjustments is longer than past years. He stated this resolution doesn't change total appropriation levels for the General Fund, except for two areas involving donations received by the VFW for the Fire Department and insurance reimbursement for a fire at the Plature Center. Councilman Schneider stated his perception is there is a lot being moved out of the Contingency Fund. Mr. Pribyl stated this is typical based on different aetivities happening during the year. MOTION by Councilman Sch neider to adopt Resolution No. 49-1987. Seconded by ' Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. -16- fl`��'�� � �, COUNCIL MEETING OF JUNE 15. 1987 ' 14. RESOLUTION N0. 50-1987 CONFIRMING AN INVITATION TO THE CITY OF LAE, PAPUA NEW GUINEA TO BECOME A SISTER CITY AND INSIITING TE� PEOPLE OF LAE. PAPUA NEW GUINEA TO PARTICIPATE IN SAID PROGRAM: Mr. Hunt� Assistant to the City Manager, stated the resolution before the Council is an offer to establish a sister-city relationship with the City of Lae, Papua New Guinea. He stated this program is supported by the Rotary Club and the Sister Cities Program. Ms. Joyce Sandberg, representing Redeemer Lutheran Church, stated five persons from Redeemer Lutheran (hurch partieipated in a non-denominational retreat in Papua New Guinea. She stated they were amaz ed with this Third World country, which received its independence ten years ago from Australia. She stated the women of Papua New Guinea are back where the United States was before women could vote and are limited in their education. She stated there have been discussions in their church that perhaps funds would be available for students to eome here and finish their education. Ms. Sandberg stated their Pastor would be going to New Guinea next month and would like to take this resolution and talk to them about a sister-city relationship with Fridley. MOTION by Councilman Goodspeed to adopt Resolution No. 50-1987• Seconded by � Conneilman Schneider. Upon a vo3ce vote, all voting aye, Mayor Nee declased the motion carried unanimously. 15. CONSIDERATION OF CHAI�E ORDER N0. 1 FOR STREET IMPRQIEMENT PROJECT ST 1 87 -1, NORTHWEST ASPHALT: Mr. Flora, Public Works Directot^, stated in this year's street impro�ement project, a ntmber of werlays are being done. He stated a segment of 75th Avenue and the Commons Park tennis courts have experienced considerable eraeking and as a means of eliminating the reflection of these cracks into the overlay surface, the placement of geotextile fabric over the existing surface, prior to the overlay, has been investigated as a correetive measure. He stated Northwest Asphalt has submitted a written proposal to accomplish this work at a cost of $10,320. He stated ataff would recommend the Council consider this change order so that the geotextile material can be installed. MOTION 6y Councilman Schneider to authorize Change Order No. 1 for street improvement project ST 1987-1 with Northwest Asphalt in the amount of $10,3z0 for a revised contraet amount of $205,522.50. Seconded by Councilwoman Jorgenson. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. CONSIDERATION TO RETAIN TKDA TO INSPECT THE WORK ASSOCIATED WITH THE COMMONS PARR FILTRATION PLANT PROJECT #164: ' AND CONSIDERATION OF CHANGE ORDER N0. 1 FOR THE REPAIR OF THE COMMONS PARK FILTRATION PLANT PROJECT #16$. SHANK MECHANICAL: -17- ' ' ' COUNCIL MESTING OF JUNE 15. 1987 Mr. Flora, Public Works Director, stated at the last meeting, the Council decided to proceed with the improvements for the Commons Park Filtration Plant. He stated since TKDA has designed the plans and specifications for the special electrical, chemical, and mechanical changes for removal of iron amd manganese, it is recommended they be retained for the inspection work for an amount not to exceed $24,500. MOTION by Councilman Fitz gatrick to authorize the retention of TKDA to conduet the inspection work associated with the Commons Park Filtration Plant Project �k76u in an amount not to exceed $25,400. Seconded by Councilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unammously. Couneilman Schneider requested a list of consultants the City or HRA has hired in the past year and the eosts for these consultants, MOTION 6y Councilman Schneider to authorize Change Order No. 1 for the Commons Park Filtration Plant Pro�ect �k164 with Shank Mechanical for a deerease in the original amount of the contract by $50,000 and a revised contract amount of $1,400,000. Seconded hy Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1�. CONSIDERATION OF CHA1�E ORDER N0. 1 TO THE SUNDE ENGINEERING CONTRACT FOR THE LAKE POINTE DEVELOPMENT PROJECT: Mr. Robertson, Co��ity Development Director, stated due to the increased amount of construetion inspection and surveying associated with the integration of earthwork, storm sewer, utilities, street construction, and landscaping with the Woodbridge/Lake Pointe Development, a change order is requested in the amount of $7,500 to cover the increase in the inspection and surveying required. He stated the HRA approved this change order at their last meeting and it is noN before the Couneil for their consideration. Mr�. Jerry Sunde, representing Sunde Engineering, stated when they estimated this job, it was based on the time to complete the �ob, which was originally five months. He stated there is a total of about six months work and that is the reason for this difference. MOTION by Councilman Schneider to authorize Change Order No. 1 to the Sunde Engineering Contract for the Lake Pointe Development Project in the amount of $7,500 for a revised contract amount of $158,199.00. Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declaxed the motion carried unanimously. 1 8 . CLAII�S : MOTION by Couneilman Goodspeed to authorize payment of Claims No. 14730 tYjrough 14997. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. LICENSES: �E� , V�'�Y`4 y� "'L�� � , ' ��(�'y � �r, COUNCIL MEETTNG OF JUNE 15. 1987 Licenses for Victory Enterprises, Butterfield Vending, Fridley Hockey Soosters and Fridley V.F.W.Post 3b3 �re added to the licenses listed in the agenda. MOTION by Couneilman Sehneider to approve the licenses as submitted and as on file in the License Clerk's Off3ce. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. ESTIMATES: MOTION by Councilman Fitz patrick to approve the estimates as submitted: Herrick & Newman, P.A. 6401 University Ave. NE Fridley, Minnesota 55u32 For Services Rendered as City Attorney For the Month of May, 1987. • � • • � • � • • • • • • Smith, Juster, Feikema, Malmon & Haskvitz 6401 University Ave. NE Suite 301 Fridley, Minnesota 55432 For Services Rendered as City Prosecutor For the Month of March, 1987 . . . . . . . . . . . . For the Month of April, 1987 . . . . . . . . . . . . Enebak Construction Company P.O. Box $58 Northfield, MN 55057 $ 2,637.50 $ 8,850.00 7,94�+.75 $16,79�+.75 Demolition & Site Grading Project �k163 Estimate No. 4 . . . . . . . . . . . . . . . . . . . . .$133,�+95.68 Ernst Aseociates 122 West 6th Street Chaska, MN 55318 Landscaping, Irrigation & Lxghting Pro�ect �k168 Estimate No. 7 . . . . . . . . . . . . . . . . . . . . .$ H & 5 Asphalt, Inc. 1700 Industry Blvd. Anoka, MN 553�3 594.17 Street Improvement Project ST. 1986 - 1& 2(Phase 2) Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . $39,617.�17 Subterranean Engineering -19- V�i I.'r"4RT� C�IINCIL MEETING OF JUNE 15. 1987 ' 6875 Highway 65, N.E. Fridley, tMI 55u32 Lake Pointe Corporate Center Partial Estimate . . . . . . . . . . . . . . . . . . . . $ 327.50 Sunde Engineering 9001 E. Bloomington Freeway Sloomington, MN 55420 Lake Pointe Corporate Center Partial Estimate . . . . . . . . . . . . . . . . . . . . $ 7,537•75 Seconded by Couneilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY Mayor Nee stated the staff submitted a proposal which provides for about a 4� increase in the Mayor's and Councilmembers' salaries. � MOTION by Councilman Schneider to waive the first reading and approve the ord3nanee upon first reading. Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Covncilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Couneil of June 15, 1987 adjourned at 10:15 p.m. RespectFully submitted, ��r'�� �a���__ V 1/ ��� i' `�" `_ Carole Haddad William J. Ne Secretary to the City Council Mayor Approved: ' -20-