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07/20/1987 - 00011100� � 1. 1 �,� �1�l�1/ •! The Regular I�eting of the Fridley City Council was called to order at 8:08 p.m. by Mayor Nee, after a tornado warning was cancelled. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audienee in the Pledge of Allegiance to the Fl ag. ROLL CALL: 1�EI�IDERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Goodspeed MEt�ERS ABSENT: None APPROIAL OF MINUTES: COUNCIL MEETING. JULY 6, 7987: MOTION by Couneilman Schneider to approve the minutes as presented. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unammously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the a�enda as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITOAS: lhere was no response from the audience under this item of business. PUBLIC HEARINGS: PUBLIC HEARING ON THE ISSUANCE OF AN ON-SALE WINE AND BEER LICENSE TO ROCKY ROCOCO RESTAURANT 7601 HIGHWAY 65: MOTION by Couneilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:10 p.m. Mr. Hunt, Assistant to the City Manager, stated staff has reviewed this request for an on-sale wine and beer license and has no problems with the issuance of the license. Mr. Dan Rooney, representing Rocky Rococo's, stated he would answer any -1- ��S �,,,� �-y COUNCIL MEETING OF JIILY 20, 1987 � questions from the Council. Mayor Nee asked the size of the building and iF the parking meets the standards for this type of license. Mr. Robertson, Community Development Director, stated z oning standards are met and there are no particular parking requirements for this license. Mr. Qureshi, City Manager, asked the seating capacity and Mr. Rooney stated there are 99 �ats. PIo persons in the audienee spoke regarding this proposed on-sale wine and beer license. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitz patriek, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing elosed at a:i3 P.�. 2. PUBLIC HEARING ON A FINAL PLAT, P.S. $87-06, SHOREWOOD PLAZA, GENERALLY LOCATED SOUTH OF RICE CREEK ROAD EAST OF HIGHFIAY 65. NORTH dF MOORE LAKE AND WEST OF CENTRAL AVENUE. BY ST. ANTHDNY V ILLAGE SHOPPING CENTER: MOTION by Councilman Schneider to waive the reading of the publie hearing � notice and open the public hearing. Seconded by Councilman Fitz patrick. Upon a voice vote, all voting aye, Mayor Nee decl ared the motion carried unanimously and the public hearing opened at 8:14 p.m. Mr. Robertson, Community Development Direetor, stated thi� plat is related to three other items on the agenda for the Council's consideration this evening. He stated in addition to the plat, there as a vacation of 1.7 acres of City drainage property, a special use permit to construct a parking lot on an obsolete flood plain, and approval of development plans in an area of PUD z oning. Mr. Robertson stated the proposal is for a multi-use commercial buil ding of approximately 55,000 square feet and a health and racquet facility of approximately 180,000 square feet. He stated the developer of the commereial building is represented by Brody and Associates and the health club represented by Jerry Runk. Mr. Norm Brody stated he is o� of the developers and one of the owners of Shorewood Plaza which is adjacent to this proposed pro,7ect and is excited about the new development in the City of Fridley. He stated as part of this development, the existng Shorewood Plaza will be renovated, a new design incorporated, and the entire development renamed Moore Lake Commons. He stated improvements would be made to Shorewood Plaza by installing a new canopy and sign band to unif� signage with the shopping center and the new development, parkixtg lot resurfaced and restriped, and new plantings. � Mr. Brody atated the new building would be brick and masonry about 55,000 square feet, with a pre-finished metal canopy. He stated the building would -2- d�� -; COUNCIL MEETING OF JULY 20, 1967 be a mixed use of retail, restaurant, and office space. He stated he plans to relocate his offices to the building when it is completed. Mr. Brody presented a drawing showing the renovation of the Shorewood Plaza with the blue metal canopy and sign band. He also presented a drawing showing the new building which will be two-stories with an oFfice in the center. He stated the loxer level will be retail and restaurant uses and the upper level will be office space. He stated the lighting will refleet dow�nrard so as not to extend to the residential areas. Mr. Brody stated the site will be heavily landscaped along Rice Creek Road and Central Avenue to act as a buffer for adjacent residences to the east. He stated they are working with staff to develop a good traffie flow and there are City plans to upgrade R3ce Creek Road, Mr. Jerry Runk, of KMR Architects, stated he is representing the Northwest Racquet and Swim Clubs. He stated Northwest Racquet and Swim Club has been 6uilding these facilities in the Twin Cities area since 1972. He stated they have ten clubs with another to open in Eden Pralrie next month. He stated the club proposed for Fridley would be a large multi-purpose facility providing amenities for the entire family. He stated the faeility will include $ indoor tennis courts, 21 racquetball courts, and a 25 yard indoor pool. He stated there would be Nautilus training, aerobic dance, jogging track, pro-shop, lockers, free weights, universal gyms, ehzld care facilit3es, sun deek and juice bar. He stated they are also considering the � possihility of an outdoor pool. Mr. Runk presented a plan oF the building showing location of various facilities. He stated the upper level would be open to view the pool, Nautilus areas, and the landscaping. He stated the lower level will contain the locker rooms, recreation rooms and additional fitness areas. Mr. Runk stated the exterior of the building would be masonry with a briek face on all sides. He stated the color 6ands and graphies will be done with a gl� ed tile and all windows will be blue glass with blue frames. He stated an 80 foot setback would be maintined from Old Central and a 50 foot setback from the south property line to the building. Mr. Runk stated the roof of the building provides a large recessed area to shelter the meehanical equipment. Councilwoman Jorgenson voiced concern about truck traffic servicing the shopping center as she felt this traffic should be reduced as much as possible on Old Central and Rice Creek Road. Mr. Brody stated he is working with staff and the traffic engineer for upgrading Rice Creek Road regard3ng alternatives to keep traffic away from the residential areas. Mr. Flora, Public Works Director, stated staff is reviewing some alternatives for driveway exits from the shopping center. He stated if the � north exit was relocated along 63rd Avenue, a meeting with the neighborhood residents would be necessary. He stated there are no final plans and possibly the north exit could be posted for right turns only and no truek -3- ��0 I I L_ �L�� 5 COUNCIL MEETIIdG OF JULY 20. 1987 ' traffic. Councilman Schneider questioned the amount of' traffic on Rice Creek Road east of Old Central. Mr. Flora stated there are some traffie counts for Rice Creek Road and it is pro,7ected 2,500 cars would be added due to this development and improvement of the road. He stated these figures were ineorporated into the design f or Rice Creek Road and staff could obtain them for the Council. Couneilman Schneider stated he felt Rice Creek Road would be a primary access into New Brighton and knows residents on this street have some concerns. He stated he, personally, doesn't think there is a problem, but would like the figures on the volume of traffic. Mr. Flora stated Rice Creek Road, east of Old Central, has a minimum amount of traf'fie for the design of the roadway. He stated the consultant took into account this type oP facility in the plans for upgrading Rice Creek Road. Mr. Robertson stated the majority of this property is z oned C-3, General Shopping, with the exception of a PUD zone that requires Plann�.ng Commission and City Council approval oF the site plan. Ae stated this entire area is designated as a redevelopment distriet and the site plan is consistent with ' the City's Comprehensive 1990 Land Use Plan. Mr. Robertson stated there is a 24 inch storm sewer pipe that runs through the west end of the property under Highway 65 and flows into Rice Creek. He stated an extensive storm water drainage syatem has been designed for this area to replace the existing City holding pond and provide additional capacity for the development with four new ponds. Mr. Robertson stated this plat was approved by the Rice Creek Watershed Distriet on July 8 and is currently being reviewed by City staff. He stated the basic engineering is completed, but the depth oP the holding area has yet to be determined and if the botto� should be gravel, rock, or grass. Mr. Robertson stated a traffic analysis has been completed and a review done Uy the Department of Natural Resources and they indicated no permit was required by their body. He stated extensive landseaping will be installed to buffer th is development from residential areas to the south and east. He stated the City is requesting a storm water pond maintenanee agreement. Mr. Robertson stated the vaeation of the land for which the City has title is covered in t41e next public hearing. He stated a restrietive covenant for drainage purposes only was established under the Surface Management Act to preserve flood plains. He stated this was based on a 7955 topographie survey which was then the most currrent, however, when the developer did a topographic survey of the site, it revealed that prior to the adoption of the 1981 flood plazn ordinanee, the area had been sufficiently f�lled so it ' was in error to classify it as a flood plain z one. He stated this was discussed with the DNR and they agree that to elassif� this as flood plain is obsolete. -�- R./��`�'�.�_ CDUNCIL MEETING OF JULY 20. 1987 ' Mr. Robertson stated the project is in compliance with the C-3 zoning and building setbaeks along Central Avenue are 80 feet and setbacks off Rice Creek Road are 100 feet. He stated the lot area coverage for the racquet and health club is approximately 30� and 20� for the mixed use cammercial center. He stated the code allows up to 35� lot coverage for each de vel opme nt . Mr. Robertson stated parking ineludes 296 stalls for the commercial center and 414 for the raoquet and health club. He stated the Fridley code doesn't prescribe a specifie amount of parking for this type of facility. He stated staff reviewed the requirements in other municipalities and found a wide variety of approaehes. He atated the proposed ratio of 2.3 cars per 1,000 square feet is above average in the metropolitan area for this type of facility. He stated there is space for overflow parking across the street at the shopping center so it is staff�s opinion parking is adequate. He stated he felt as the club matures, there may be a need for either satellite parking or installation of a parking ramp and this is added as a stipulation to the glat requirements. Mr. Robertson reviewed five pages of stipulations associated with the pl at including plat and storm drainage requirements, site development, architectural refinements, and landseape requirements. No other persons in the audience spoke regarding this proposed plat. ' MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votig aye, Mayor Nee declared the motion carried unanimously and the public hearing elosed at 9:02 p.m. 3. � Mayor Nee stated the normal procedure is for this plat to be considered for approval at the �xt Couneil meeting. He questio�d, however, if there was any urgency for the Couneil to take action this evening. Mr. Brody stated it would be beneficial to them if the Council could consider approving the final plat this evening. RESOLUTION N0. 6D-1987 APPROJING FINAL PLAT OF SHOREWOOD PLAZA, P.S. �87-06: MOTION by Couneilman Schneider to adopt Resolution No. 60-1987, with the stipulations attached as Exhibit A and, with the understanding that the details relative to the final traffic pattern, drainage plan, and any other outstanding items, be subject to staff approval before final recording of the plat. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. BRODY ASSOCIATES. INC.: MOTION by Couneilman Schneider to waive the reading of the public hearing -5- Y �� '�i^' iL a..:'' _' COUNCIL MEETING OF JULY 20, 1987 ' notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:02 p.m. Mr. Robertson, Community Development Director, stated this vacation is an relation to proposed plat #87-06. He stated the City has title to this 1.7 aeres strictly for drainage purposes and would recommend this property be vacated to allow for development. He stated the vacation should be subject to the stipulations of the plat requirements and the City should transfer this property to the developer. Mr. Robertson stated the developer will provide the needed drainage areas at a s�w location on the property. No persons in the audience spoke regarding this proposed ❑acation. MOTION by Councilman Sehneider to close the publie hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9�05 p.m. Mayor Nee stated it was the developer's desire for the Council to consider the first reading of the vacation ordinance at this meeting. CONSIDERATION OF AN ORDINANCE UNDER SECTIONS 12.06 AND 12.07 OF THE CITY CHARTRR T(1 VACATF. A DRATNAGE WAY. DECLARING IT SURPLUS. DIRECTING ITS � Mr. Newman, Assistant City Attorney, stated because the City has title to this property it is different than an easement. He stated in order to comply with real estate law, a deed needs to be executed and a finding made that there is no longer a need for this parcel as the drainage will be aecommodated on another portion of the site. He stated the ordinanee under consideration has been drafted to authorize appropriate officials to execute a deed to convey title of this groperty to the fee owner. MOTION by Councilman Schneider to waive the reading and approve this ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS: 4. CON5IDERATI�N OF A SIGN PLAN FOR THE RNERBOAT SHOPPING GENTER. 7899 EAST RNER ROAD N.E.: Mr. Robertson, Community Develo�ent Director, stated a question arose at the last Council meeting regarding the reader board sign. He stated thzs sign is used by one of the tenants and, under the code, zs a temporary sign requiring a permit. He stated this si�n should not have been ineluded in the comprehensive sign plan for th is center and should be omitted. � Mr. Aobertson stated the landscape plan for this ce nter has not been £ully implemented and it is recommended that any future sign permits be contingent � ��;�;.,� �: �,��_ � COUNCIL MEETING OF JULY 20. 1957 , upon implementing these outstanding landscaping features, MOTION by Councilman Fitz patrick to approve the comprehensiae sign pl an for the Riverboat Shopping Center at 789g East River Road N.E. with the deletion of the words "plus the detached separate reader-board sign" under Item A-1 and deletion of Item A-2 under Sign Specifications. Fhrther, this approval is contingent on the completion of the 3mplementation of the l andscaping plan for the shopping center. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 5. CONSIDERATION OF APPOINTMENTS TO THE ENVIRONMENTAL QIIALITY AND ENERGY COMM7SSIONS: MOTION by Councilwoman Jorgenson to table this item. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. ORDINANCE N0. 890 RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 1& ENTITLED "PEDDLERS" SECTION 14.08 INfiESTIGATION AND ISSUANCE AND ADDING NEW SECTION 14.11. HOURS OF SOLICITATIONS. AND RENUMBERING PRESENT 14.11 THROUGH 14.20: MOTION by Councilman Schneider to waive the second reading and adopt ' Ordinance No. 890 on second reading and order publication. Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 7. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPRW ING A V ACATION, SAV �87-04. TO VACATE EASEMENTS ON LOT 4. SLOCK 2. EAST RANCH ESTATES SECOND ADDITIDN, GENERALLY LOCATED AT 7710 UNN ERSITY AVENUE N.E.. BY J. BEI� ON AND G. BRADBURY: MOTION by Councilman Goodspeed to waive the reading and approve the ordinance upon first reading, with the following stipulations: (1) developer responsible for all costs associated with relocation of 8 inch sanitary sewer line; and (2) new utility easements to be provided on north and south of property to accommodate the relocation of the sewer line. Seconded by Councilman Fitzpatrick, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unarumously. 8. ITEM FROM THE MINUTES OF THE PLANNING COMMISSION I�ETING OF JUNE 24 1987: A. CO1� IDERATION OF A SPECIAL USE PERMIT. SP #87-13, TO ALLOW THE GRADING AND CONSTRUCTION OF A PARKING LOT IN THE CRP-1 FLOODWAY. GENERALLY LOCATED SOUTH OF RICE CREEK ROAD, EAST OF HIGHWAY 65, NORTH OF MOORE LAI� AND WEST OF CENTRAL AVENUE. BY BRODY ASSOCIATES: � Mr. Robertson, Community Development Director, stated this special use permit is requested in order to allow the construction of a parking lot in -7- �� _� '��_ � COUNCIL MEETING OF JULY 20. 1987 � what was designated as a flood pl ain. He stated based on current information, it is apparent there was an error made in designating this particular area in the flood plain, as the area had been filled prior to enactment of the Surface Water Management Act. MOTION by Councilman Schneider to grant special use permit, SP ��87-13, to allow the grading and construction of a parking lot, with the stxpul ation that this special use permit is subjeet to the Rice Creek Watershed District and City staff's approval of the storm drainage plan. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CJ B. COPS IDERATION OF APPRW AL OF THE MOORE LAKE COMMONS DEVELOPMENT PLANS IN AN AREA OF PUD ZONING. BY NORTHWEST RACQUET AND SWIM AND HEALTH CLU&S AND BRODY AND ASSOCIATES: MOTION by Councilman Schneider to approve the Moore Lake Commons Development plans in a PUD z oning area as this development meets the intent of the original PUD District. Further, this approval is subject to all the stipulations attaehed to Pinal plat, P.S. �k87-06. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 9. RECENING THE MSNUTES OF THE PLANNING COMMISSION MEETING OF JULY 8, 1987: A. CONSIDERATION OF A REZONING, ZOA #87-03. TO REZONE FROM G1 MOTION by Councilman F3tzpatrick to set the public hearing on this rezoning request for August 3, 1987• Seconded by Councilman Goodapeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. S. CONSIDERATION OF A SPECIAL USE PERMIT, SP �k87-15, TO ALLOW A OLEHEFSKE OF RNERSIDE CAR WASA: Mr. Robertson, Community Development Direetor, stated thxs existing car wash has become a legal non-conforming use because, after the car wash was established, the zoning code was amended. He stated the owners of the car wash wish to expand their facilities to include a polishing and buffing center. Mr. Robertson stated the expansion could have been allowed in the C-1 zoning district, but there are also plans to use the vacant building on Tract C for a pizza establishment wha.ch wouldn't be allowed an a C-1 zone. Mr. Rol�ertson stated rather than create two sgot zonings, staff is ' recommending Council eonsider this special use permit, required under a C-2 zone, while the rezoning is being procsssed. He stated this would allow the developer to begin construetion with the understanding it is contingent on � � �..�F' �Ol,�� w . COUNCIL MEBTING OF JULY 20. 1987 � final approval of the rezoning. Mr. Robertson stated a joint access and exit plan has been worked out with the oHners oF 1Y�acts C and D, He stated cars going through the car wash would exit to the east to go south on East River Road. He stated if the patrons wish to go north on East River Road, they would travel to the rear of the lot and exit on Mississippi Street to go east or north. Mr. Qureshi, City Manager, asked the plans For Tract B. Mr. Robertson stated at this time, there are no plans, but the petitioner has thought about using Traet B for additional parking for the apartments. He stated the types of uses that would be allowed would come under a restrietive covenant of the rezoning agreement. Mayor Nee asked why the Counc3l was considering the special use permit at this time. Mr. Robertson stated if the special use permit is approved, it gives the developer some time to develop the rest of the plans for the site and is for the conveni.ence of the developer, Mr. Newman, Assistant City Attorney, stated the reason for the special use permit is the owner of the car wash wishes to begin construetion of the � polishing and buffing facility and staff is trying to expedite the process. He stated o� of staff's concerns was perhapa it would be beneficial to have the zoning conform to the use. He stated under the current zoning, the pizza establishment wouldn't be permitted as a non-conforming use. Mayor Nee stated he understands the special use permit is not needed for the car wash because it is a legal non-conforming use, however, if it is rezoned, the special use permit is needed. Mr. Olehefske stated he is the owner of the Riverside Car Wash and wants to expand the services to allow car buffing which they now do under a canopy. He stated in applying for a building permit, it was found the zoning was not proper. He stated 6ecause of the length of time to process the rezoning, he questioned if there was some way they could begin construction and staff suggested they apply for the special use permit. MOTION by Councilman Fitzpatriek to grant special use permt, SP �87-15 with the following stipulations: (1) owner agrees to manage the car wash operation in such a way as to not require greater than 10 spaces of parking - in the event of a shortage, parallel parking may be required on the north side of the building; (2) this special use permit is contingent upon compliance with all stipulations outlined in the rezoning petition ZOA �87-03; �3) it is understood by the City and the petitioner that this special use permit is valid under the proposed C-2 zoning classification; (4) driveway on East River Road to be designated and signed as an exit only � and driveway on Mississippi Street to be signed as an entrance; (5) parking and access situation to be reveiwed by staff in nine months; and (6) petitioner to provide a new easement for the water line and pay all costs ".i2 /�a,,; � ,—.� `lp'.JY�� '1 COUNCIL MEETING OF JULY 20, 1987 1 associated with the relocation of this line. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unarumously. C. CORSIDERATION OF A VACATION, SAV #87-06, TO VACATE THE 12 FOOT ALLEY LOCATED BETWEEN 57TH AVENUE AND 58TH AVENUE AND SETFIEEN JEFFERSON STREET AND WASHINGTON STREET, BY ROGER LEFFLER: MOTION by Councilman Goodspeed to set the public hearing on this vacation request for August 3, 1987• Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. SAME BEING 1282 MISSISSIPPI STREET N.E. BY MARGARET BRICBNER: Mr. Robertson, Community Development Director, stated this is a request to split off the northerly 213 feet of Lot 3, Auditor's Subdivision No. 88 at 1282 Mississippi Street. He stated this parcel was rez oned from single family to C-1 to allow a gift shop. He stated if the lot is split, it would be over 25,000 square feet and code requires only 20,000 square feet. He stated there was concern the remaining property would be landlocked, however, the petitioners are the arners of the adjacent property and this would be added to that property. � It should be noted that the P1 anning Commission minutes indieated the spl it was for the northerly 180 feet, however, this did not take into account the 33 feet from the center line of Mississippi Street which actually makes it 213 feet. Mr. Robertson stated the Planning Commission recommended approval of this lot split with two stipulations which he outlined. MOTION by Councilman Schneider to grant lot split, L.S. #87-07, with the following stipulations: (1) the southerly portion of the split parcel is to be added to Sandee's Restaurant pareel concurrently with recording of subdivision; and (2) park fee of $1,905 to be paid prior to recording the lot split. Seconded by Councilman Fitz patrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson asked the petitioner if he was planm ng an expansion or if the property xill 6e held for future development. Mr. Briekner stated, at this time, he has no plans for the property. E. ITEM FROM THE MINUTES OF THE APPEAIS COHA72SSION MEETING OF JUNE 23, 1987: � E-1. CDNSIDERATION OF A V ARIANCE REQUEST, V AR �87-23. TO REDUCE THE REQUIRED SIDE YARD SETBCK FROM 10 FEET TO -10- COUNCIL hEETING OF JULY 20� 1987 �� . i �� «� ' 6 FEET TO ALLOW THE CONSTRUCTION OF A NEW HOUSE ON LOT 3, BLOCK 7, OAK RNER ESTATES, TIIE SAME BEING 141 76TH WAY N.E., BY ARTHUR SIISETH: Mr. Robertson, Community Development Direetor, stated the petitioner plans to construct a new dwelling on this lot. He stated the home would be 44 feet long and the garage would be 20 feet which allows for a five foot setback on the garage side and a six foot setbaek on the living area side. Mr. Robertson stated Mr. Silseth has changed his original request and is moving the home further east so a variance from ten to six feet is requested on the east side of the lot. Mr. Silseth stated the reason he is moving the home east is because the home located on the lot to the east has a setback of 33 feet on the west side. He stated his garage would be located on the we st . MOTION by Councilman Fitzpatrick to grant variance request, VAR �k87-23, to reduce the required side yard setback from 10 feet to 6 feet on the east side of this lot to allow construction of a house on Lot 3, Bloek 1, Oak River Eatates at 141 76th Way N.E. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. hh�. Silseth stated residents on Rickard Road and 76th W ay have stated they � wi•hed something could be done with the house on Lot 4. Councilman Fitzpatrick stated when this plat was approved, this home was existing and the plat tried to accommodate it. Ae thought some stipulations were made relative to this home and perhaps they should be reviewed. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of July 8, 1487. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECE N ING THE MINUTES OF THE CAN MEETING OF JUNE 18, 1987: MOTION by Councilman Goodspeed to receive the minutes of the Cable Television Commission meeting of June 18, 1987• Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CONSIDERATION OF CHANGE ORDER N0. 3 FOR DEMOLITION & SITE GRADING PROJECT N0. 163. ENEBAK CONSTRUCTION: Mr. Robertson, Community Development Director, stated this ehange order covers the compensation Enebak Construction was awarded in the American Arbitration Association Industry Arbitration Tribunal. ' Mr. F1ora, Public Works Director, stated the change order also includes eosts for on-site sand mining and clay backfill placement. He stated any quantities in exeess of 2,000 cubic yards of useable sand remaining within -11- v,,/'��s"�J�.�' COIINCIL MEETING OF JULY 20. 1987 ' the planned excavation areas, as agreed to hy the engineer and Enebak, the City shall receive a credit of $1.25 per cubie yard. Mr. Robertson stated the City Attorney has revaewed this ehange order and the HRA has authorized staff to present it to the Council. MOTION by Councilman Goodspeed to approve Ch ange Order No. 3 to the Demolition and Site Grading Project �163 with Enebak Construction Company in the amount of $167,113 and a revised contraet amount of $1,162,113• Seeonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF CHANGE QRDER N0. 2 FOR LANASCAPING. IRRIGATION & LIGHTING PROJECT N0. 168, MINNESOTA VALLEY LANASCAPE, INC.: Mr. Robertson� Community Development Direetor, stated this change order is to add a sprinkling system for Pad C which was the site where the first building was to 6e constructed within the Lake Pointe development. He stated since construction has not commenced nor a starting date determined, it ia recommended this area be sprinkled, Mr. Robertson stated this change order has been reviewed by the HRA and they have recommended approval. ' MOTION by Councilman Goodspeed to approve Change Order rlo. 2 to the Landscaping, Irrigation and Lighting Project �k168 with Minnesota V alley Landscape, Ine, in the amount of $11,872 and a nevised contraet amount of $498,870.47. Seeonded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 13 Yil PROJECT: Mr. Flora, Public Works Director, stated the City entered into an agreement with the Minnesota Pollution Control Agency to complete the Moore Lake pro�ect. He stated in order to continue receipt of payments from the State, an amended subetate agreement is required changing the project schedule from June 1, 1980 to December 31, 1987 instead of June 1, 1980 to March 12, 1985. MOTION by Councilman Schneider to authorize the Mayor to enter into the amended substate agreement and state grant agreement with the Minnesota Pollution Control Agency for trie Moore Lake projeet. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1�1. CONSIDERATION OF ADVERTISEMENT FOR BIAS FOR REPAIR OF WELL N0. 1: OR CONSIDERATION OF AN EMERGENCY ORDINANCE FOR CONTRACTING AND EXPENDITURE OF , FUNAS TO REPAIR WELL AND PUMP #1 IN THE CITY OF FRIDLEY: Mr. Flora, Public Works Director, stated Well No. 1 had to be taken out of _12_ ' �� "� .J� , COUNCIL MEETING OF JULY 20, 1987 operation due to possible breakdown in the bowl assembly. He stated since this well is o� of two whieh support the hgh level reservoir system and it is the season where water demands would normally inerease, he would suggest Couneil consider an emergency repair of this well. He stated the cost is estimated around $15,000. Mr. Flora stated if the Council wished the repair work to be done on a normal basis, he would suggest advertising for bids. He stated if an emergency ordinance is adopted, bids would be called for and time could be saved an the advertisement process. Mr. Qureshi, City Manager, stated this year has been extremely dry and in June, the C3ty pumped the highest amount of water in its history. MOTION by Couneilman Goodspeed to waive the reading and adopt Emergency Ordinance No. 891 for contracting and expenditure of funds to repair well and pimmp �1. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION N0. 55-1987 APPRW ING A LOT SPLIT. LS. �87-05. TO SPLIT THAT PART OF LOT 6. BLOCR 1, PARKVIEW MANOR SECOND ADDITION (TRIANGLE): AND RESOLUTION N0. 56-1987 APPRW ING A LOT SPLIT. L.S. �87-05. TO SPLIT THAT PART OF LOT 6. BLOCK 1, PARKVIEW MANOR SECOND ADDITION (MAIN LOT): Mr. Robertson, Community Development Director, stated the HRA in3tiated this � lot split in order to accommodate the proposed future re-alignment of Hacl�ann Drive to provide better access to Old Central. He stated the lot split involves 154 square feet th at is necessary to be added at a future date to Parcel A. � Mr. Robertson stated the owner of Lot 6 has agreed to the split and purchase price of $40D. He stated it is recommended this lot split be approved to preserve future options of the HRA to adequately provide the reverse driveway to the lot. MOTION by Councilman Schneider to adopt Resolution No. 55-1987. Seconded by Couneilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to adopt Resolution No. 56-1987. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION N0. 57-1987 APPRWING A LOT SPLIT. LS. �k87-06, TO SPLIT LOTS 1 THROUGH LOT 5. BLOCK 4, ADAMS STREET ADDITION INTO THREE RESIDENTIAL BUILDING S_I_TES, CsENERALLY LOCATED AT 57�8 JEFFERSaN STREET N.E.. BY ROGER LEFFLER: Mr. Robertson, Community Development Director, stated this resolution is to approve a lot split on Lots 1 through 5, Block 4, Adams Street Addition in order to make three residential building sites. He stated the Planning Commission reviewed this request and has recommended approval. -73- ' �J � � ��' �� , COUNCIL MEETING OF JULY 20, 1987 Mr. Robertson stated these lots are slightly smaller than the minimum lot width and a public hearing has been scheduled for August 3 for a vacation of the alley. He stated if the vacation is approved, the lots would be the minimum lot width. Mr. Robertson outlined the four stipulations recommended for this lot split. Mr. Leffler, the petitioner, stated the existing house would be removed as well as the two garages. He stated the lot would be completely leveled for the new construction. Mr. Leffler stated ad�acent lots are also 66 feet wide. Couneilman Goodspeed asked what would happen if the lot split is approved and there is objection to the vacation of the alley. Mr. Robertson stated this lot split would stand on its own, without the vacation. Mr. Qureshi, City Manager, asked iF these lots would be separate tax parcels. It was noted that the Surveyors Certificate delineates these as separate parcels and probably should be included with the resolution as an exhibit. MOTION by Councilman Goodspeed to adopt Resolution No. 57-1987, with the stipulations attached as E�chibit A and the Surveyors Certificate attached as Exhibit B. Seconded by Councilman Schneider. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17, RESOLUTION N0. 58-1987 APPRW ING A LOT SPLIT, L.S. #87-04, TO SPLIT OFF PARTS OF LOT 3 AND 4, BLOCK 2, EAST RANCH ESTATES SECOND ADDITION, GENERALLY LOCATED AT 7710 UNN ERSITY AVENUE N.E., BY J. BENSON AND G. BRADBURY: Mr. Robertson, Community Development Director, stated the Council approved this lot split on July 6 and the Certificate of Survey has been completed and the lot split is ready for recording. Mr. Qureshi, City Manager, stated the survey does not refleet what the Couneil approved on July 6 as the resolution should indicate only two tax parcels rather than three. Mr. Robertson in reviexing the survey stated Mr. Qure�i was correct and the resolution should be amended and a corrected Certificate of Survey submitted. MOTION hy Councilman Goodspeed to adopt Resolution No. 58-7987 and amend paragraphs two and four to change the pareels from three to two. Further, that a corrected Certificate of Survey be submitted. Seconded by Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION N0. 59-1987 APPRW ING A CLASSIFiCATION AND COMPENSATION PLAN FOR EMPLOYEES OF THE CITY OF FRIDLEY: _�q_ ,��,�� COUNCIL MEETING OF JIILY 20. 1987 � Mr. Hunt, Aasistant to the City Manager, stated in 1984, the State Legislature passed the Pay Equity Aet of 198�1 which requires all subdivisions of the State to conduet a study and establish equitable compensation relationships between all positions. He stated one of the major factors must be the internal equity. Mr. Hunt stated in 198� and 1985, the Metro Area Management Association conducted a ser3es of interviews and entered into a contract with Control Data Business Advisors, Inc. to conduct an extensive study based on task analysis. He stated each task, not �ob titles, was individually evaluated and assigned a point value. He stated these tasks which compromise a particular position are weighted by the time spent in each of those tasks and a point value for that job is created. He stated some of the �obs are grouped together as benchmarks. Mr. Hunt stated the maximum earning potential of each position is plotted against the point value using standard statistical procedures to develop two trend lines, one for non-exempt employees and one for exempt employees. He then explained how the salary ranges are determined for eaeh group and the ranges which extend from 80� to 110$ of the corresponding dollar value associated with that group�s midpoint val.ue. He stated these actual ranges should be available in Oetober. Mr. Hunt stated Contral Data Business Advisors, Inc. has sold their rights � to Peraonnel Decisions, Inc. and they are continuing to work on the statistical end of the study. He stated he felt the classification and compensation plan establishes equitable compensation among all employees. Mr. Hunt stated Fridley was probably one of the most involved cities. He stated most of the department heads acted as specialists in the study and he served on the advisory committee. Mr. Hunt stated he would be the last to say the glan is absolutely foolproof and tried to build in safeguards and allowanees for appeal. Councilman Schneider asked if there were a lot of appeals. Mr. Hunt stated only one has been received, but he anticipates more before the appeal period expires. He stated the purpose is not to discourage appeals, but to arrive at an eq uitable point total for each position. MOTION by Co�cilman Schneider to adopt Resolution No. 59-7987• Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. Mayor Nee thanked Mr. Hunt for all his work on this compensation plan. 19. CONSIDERATION OF EXTENSION OF TIME FOR THE REMW AL OF TRAILERS USED FOR CLASSR00I•S AT FRIDLEY ASSEPffiLY OF GOD. 472 OSBORNE ROAD: Mr. Robertson, Community Development Director, stated when this property was sold to the North Suburban Hospital District, one of the stipulations ' regarding the special use permit was the two trailers used for classrooms were to be removed by October 31, 1987. He stated a letter h as been received from Iden Ford, Business Administrator for the Fridley Assembly of -75- �� "0�� `� . ,�. COUNCIL MEETING OF JLTLY 20. 1987 God, yrhich indicates a delay in construction and they haae renegotiated their closing date on the property to April 1, 1988• He stated they are requesting the trailers be allowed to this date. MOTION by Couneilman Goodspeed to approve the extension of time for removal of the trailers at the Fridley Assembly of God to no later than April 1, 7988. Seeonded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Couneilwoman Jorgenson asked if the trailers were inspeeted by the City staff. Mr. Robertson stated he believed they had to be inspected sinee they are used for public purposes. Couneilwoman Jorgenson stated at the last Task Force meeting, there was a tour of the facilities and she noticed a nimmber of fire code violations, and wvndered about the inspections. 1he City staff was requested to check on this further. 20. ORDINANCE N0. 892 RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIR F TO PRO�IIDE FOR TE� ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: MOTION by Councilman Goodspeed to waive the second reading of Ordinance No. 892 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. CLAIbS: MOTION by Councilman Schneider to authonize payment of Claims No. 15328 through 15581. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. LICENSES: MOTION by Couneilman Goodspeed to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. z3. ESTIMATES: i�TION by Councilman Fitzpatriek to approve the estimates as submitted: Layne Minnesota Co. 3147 California St., N.E. Minneapolis, [�A1 55�18 Repair of Well No. 3 Pro�ect #775 FINAL +LS TIMATE . . . . . . . . . . . . . . . -76- . . . $ 15,794.30 �'�� `�1 COIINCIL MEETING OF JDLY 20, 1987 � Enebak Construction P.O. Box 458 Northfield, MN 55057 Demolition & Site Grading Projeet #163 Estimate No. 5 . . . . . . . . . . . . . . . . . . . . $280,362.70 � � Eugene A. Hiekok � Associates, Ine. 545 Indian Mound Wayzata, PIId 55391 Moore Lake Phase II Project Partial Estimate . . . . . . . . . . . . . . . . . . . $ 1,822.76 Northwest Asphalt 1 �451 Co. Rd. �189 Shakopee, NIN 55375 Street Improvement Project ST. 7987 - 1 Estimate No. 2 . . . . . . . . . . . . . . . . . . . $ 22,582.07 Subterranean Engi�reering Corp. 6875 Highway 65, N.E. Minneapolis, MN 55432 Lake Pointe Corporate Center Partial Estimate . . . . . . . . . . . . . . . . . . $ 6,214.93 Sunde Engir�ering 9001 East Blo�ington Freeway Hloomington, NA1 55420 Lake Pointe Corporate Center Partial Estimate . . . . . . . . . . . . . . . . . . $ 12, 832 •50 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. ADJQURNMENT: MOTION by Couneilman Schneider to ad�ourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously and the Regular Meeting of the Fridley City Couneil of July 20, 7987 adjourned at 11:05 p.m. Respectfully submitted, '" L�G -^-a�� ,�2'„��' Carole Haddad Seeretary to the City Council Approved: _�q_ f/ �/ ��^'� "'""" _// ✓ � William J. Nee May or