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07/21/1993 - 00005076L.J � � THE MINUTES OF THE RBGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JIINE 21, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by �ayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson and Councilman Billings MEMBERS ABSENT: Councilman Schneider and Councilman Fitzpatrick APPROVAL OF MINUTES: COUNCIL MEETING. JUNE 7, 1993: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee stated that staff has requested that the estimate from Newquist and Ekstrum be added to the agenda. MoTION by Councilwoman Jorgenson to adopt the agenda with the above addition. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: LOCKE LAKE DAM PROJECT: Mr. Leon Hinkel, 50 70th Way, questioned why only certain property owners were going to be assessed for this improvement. He felt that the residents on the north side of the street and around Hickory Drive should also be assessed. Mr. Flora, Public Works Director, stated that in addressing the storm water system that supports Locke Lake, the storm water line was drawn based on the catch basins and the center line of the street. Ae stated that water on the north side of the street remains on that side, and the storm water on the south side of the street runs into Locke Lake. He stated that the storm water system for the Locke Lake project includes everything east of East River Road, west of the railroad tracks, north of Mississippi and south of 70th Way. FRIDLEY CITY COUNCIL MEETING OE JUNE 21, 1993 PAGE 2 � Mr. Hinkel did not feel this assessment was fair. He stated that all the water from Rice Creek drains into Locke Lake, and these property owners are not being assessed. He stated that there would be a public access on the lake, and he felt the entire City should pay for the improvement. Mayor Nee stated that the entire drainage district will be contributing towards the improvement, as there are several different components to the plan. Councilwoman Jorgenson stated that there are various assessments across the entire Watershed District with contributions from the City, the County and state. She advised Mr. Hinkel that the total project cost is $800,000, attd his area would be paying $64,000. Mr. Flora stated that there would be a public hearing on the excavation project before the Rice Creek Watershed District this Thursday, and a proposed assessment is $6.57 for an $85,000 home. Mr. Hinkel asked what would happen if the cost was well above the estimates. Mr. Flora stated that a determination will be made if the dam should be constructed when bids are received. � STOP SIGN5 - DAVE SINIGAGLIO, 4875 THIRD STREET: Mr. Dave Sinigaglio, 4875 Third Street, stated that 48th Avenue and 2-1/2 Street was the site of an aocident this past Friday, and there was beer all over the street. He stated that this is the fifth time he has addressed Council to request stop signs for this area. He stated that there is a yield sign at this intersection, but a car was speeding on 49th Avenue at 80 mph. He stated that one person was taken to the hospital, and the other walked away from the accident. He stated that everyone in the area questioned when the City was going to do something and install stop signs. He stated that he was tired of coming to the Council meetings and the Council was elected to serve the residents of Fridley. Mr. Sinigaglio stated that people drive like idiots in this area, and he has reported several persons who received citations. He asked that stop signs be install for a six-month period, and then let the people be the judge if they work or not. He stated that if people do not obey the signs he would move. Councilman Billings stated that if a driver was driving 80 mph and there was beer all over the street, he felt this driver would not have obeyed the stop sign if he did not obey the yield sign. He stated that the City can install stop signs in place of yield � signs, but the City cannot place a police officer on every corner to make sure people obey these signs. L_� � FRIDLEY CITY COIINCIL MEETING OF JUNE 21, 1993 PAGE 3 Mayor Nee felt strongly that the stop sign issue deserves some review as to whether or not more stop signs are needed. He stated that he wanted the Public Works Department to conduct a review of the neighborhood, and that a larger area should be studied rather than one intersection. He stated that if stop signs are installed at every other corner on Third Street, f.he situation may be worse on Second Street. He stated that the City would do a study and see how this can be resolved. Councilwoman Jorgenson stated that she had the same situation in her neighborhood, and she obtained a petition from the residents. PBTITION NO. 11-1993 FOR CONCRETE CURBS: Mrs. Weiser, 6876 Madison Street, submitted a petition for concrete curb and upgrading of 5eventh Street. 5he stated that over fifty percent of the residents are in favor of this improvement at a cost of $8.00 a front foot. She stated that there are 24 properties involved, and sixteen were at home when the petition was circulated. They were all in favor of this improvement except for one, MOTION by Cauncilman Billings to receive Petition No. 11-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINE5S: ORDINANCE N0. 1014 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUE5T, SAV #93-01, BY MARK AND JEAN SCHWARTZ, AND FRANK AND VALLIE LABANDZI: MOTION by Councilwoman Jorgenson to waive the second reading of Ordinance No. 1014 and adopt it on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 18, 1993: A. VARIANCE REOUEST, VAR #93-09, BY WALTER BAUER, TO REDUCE THE SETBACK BETWEEN THE LIVING AREA AND THE SIDE LOT LINE FROM 10 FEET TO 4.5 FEET AT 6420 STARLITE CIRCLE: 10 FEET TO 5 FEET AT 6422 STARLITE CIRCLE: 10 FEET TO 7 FEET AT 6430 STARLITE CIRCLE; AND 10 FEET TO 6 FEET AT 6432 STARLITE CIRCLE N.E. TO ALLOW THE CONSTRUCTION OF TWO NEW TWO-FAMILY DWELLINGS: � Ms. Dacy, Community Development Director, stated that the properties involved in the variances are two twin homes located in � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 21. 1993 PAGE 4 the northwest part of Starlite Circle. She stated that the property is zoned R-2 and is known as the Doty-Wellner Addition. She stated that the variances are to reduce the setbacks between the living area and the side lot lines for the properties at 6420, 6422, 6430 and 6432 Starlite Circle. Ms. Dacy stated that this property was originally platted as a result of a lengthy rezoning and platting process initiated in 1980 and completed in 1982. 5he stated that a number of variances were granted at this time for the twin home lots. She stated that the variances were granted because at that point in history the City did not have a zero lot line provision in the ordinance. She stated that the variances granted included a lot width variance for each of the twin home lots; a side yard variance for a garage from 5 feet to 3 feet; a front yard setback from 35 feet to 30 feet for four lots; and for the single family lots, there were some side yard and rear yard variances. Ms. Dacy stated that as part of the plat and rezoning process, the petitioners submitted two types of twin hornes that were being contemplated for construction, Type A and Type B. She stated that the Type A plan included a double garage, and the Type B plan included a single garage but did not indicate living area abQVe the garages. She stated that one of the petitioners, Mr. Wellner, currently owns the existing lot to the south of one of the properties at 6412 Starlite Circle. Ms. Dacy stated that the variance requested is to reduce the side yard setback for the living area, and there is a different variance for each of the lots. She stated that the petitioner, Bauer Construction, has submitted two site plans for consideration. She stated that for the properties at 6420 and 6422 Starlite Circle, the garage is located in front of the living area. The construction is similar for the twin home at 6430 and 6432 Starlite Circle. Ms. Dacy stated that during the plan review process, the setbacks were reviewed to assure the garages met the variances granted in �he 1980�s. She stated that the submitted surveys for each of the twin homes clearly indicate a garage. However, there is no mention of the living area above the garage unless one reviews the building plans. She stated that while the garage location on each of the twin home lots meets the setback requirements, the existence of a living area on the second floor above the garaqe dictates the need for a variance from the ten foot required side yard setback. Ms. Dacy stated that at 6420 Starlite Circle, there is 4.5 feet between the lot line and the corner of the living area; at 6422 Starlite Circle, there is 5 feet between the lot line and living area; at 6430 Starlite Circle, there is 7 feet between the living area and lot line; and at 6432 Starlite Circle, there is 6 feet between the living area to the lot line. She stated that the twin ' � � FRIDLEY CITY COUNCIL MEETING OF JUNE 21. 1993 PAGE 5 homes at 6420 and 6422 Starlite Circle has the foundation installed, framed, exterior siding, as well as the electrical, roofing, and plumbing systems installed. She stated that the twin homes at 6430 and 6432 Starlite Circle have the foundation installed, framed, and a minimal amount of plumbing has been completed. She stated that when it was detected there was an error in construction, the contractor was asked to stop work immediately. Ms. Dacy stated that the Appeals Commission considered this variance request on June 1, 1993 and had three options. She stated that they could approve the variances as requested; deny the variances and instruct the owner to redesign the units to meet the ten foot setback requirement; or consider a modified variance request where a fire wall is constructed within each of the units to meet the ten foot setback requirement. She stated that in three of the units there would be a small encroachment into the ten foot setback area ranging from 8 inches to 1.3 feet. Ms. Dacy stated that if a fire wall is constructed at 90 degree angles so that the interior of the unit is physically separated that it meets the intent of the ordinance. She stated that it is recommended this fire wall be constructed of 5/8 inch gypsum board and the interior of the wall that has been constructed should also be lined with 5/8 inch gypsum board to produce a double stop to prevent spread of fire. Ms. Dacy stated that if the fire wall option is Council would be granting variances from l0 feet 6420 Starlite Circle; from 10 feet to 9.4 feet at Circle; at 6430 Starlite Circle there would be no because the fire wall would be in excess of ten feet lot; and at 6432 Starlite Circle, the encroachment 1D £eet to 8.7 feet. pursued, the to 9 feet at 6422 Starlite encroachment away from the would be from Ms. Dacy stated that the Appeals Commission recommended denial of the variances at 6420 and 6422 Starlite Circle on a 3 to 1 vote, and unanimously recommended denial of the variances at 6430 and 6432 Starlite Circle. She stated that if variances are approved based on the fire wall option, the petitioner should be required to record deed restrictions stating the fire wall cannot be removed and is intended for safety purposes. Ms. Dacy stated that there is a drainage concern along the common lot line laetween 6420 and 6412 Starlite Circle. She stated on that particular variance, staff recommends a swale to appropriately drain o£f to the street. Councilman Billings stated that the drawings are somewhat accurate, but not completely precise because there actually would be about a six inch variance required at 643o Starlite Circle. He stated that the City requires a ten foot setback from living space and a five foot setback for qaraqes. He stated that a garage can be located within five feet of the lot line, and a home can be located FRIDLEY CITY COIINCIL MEETING OF JUNE 21, 1993 PAGE 6 � within ten feet of the lot line. He stated that homes built with tuck-under garages have the entire home and garage located within the ten foot setback. He stated that there are a number of homes, typically in the Innsbruck area, where the home is built less than ten feet from the property line. There is space above the garage, but it is not living space. He stated that the outside wall of these buildings are straight up and down and less than ten feet from the property line but with no living area above the garage. This is essentially what staff is recommending with the fire wall in this particular instance. Councilman Billings stated that by providing the fire wall option, these twin homes would look similar to other twin homes in the area. He stated that these homes are built relatively close to the property line which is the result of the variances granted by the City in 1982 to Mr. Wellner and Mr. Doty. Councilman Billings stated that there were a number of persons who testified at the Appeals Commission meeting that they did not want twin homes on those sites. He stated that this property is already zoned R-2 which means twin homes or double bungalows are permitted on these lots. He stated, therefore, that this is not the issue this evening. � Councilman Billings stated that the issue before the Council is the living space inside the building. He stated that in 1982, the Council chose to grant a number of variances to most of the lots in this particular plat. He stated that Mr. Wellner and Mr. Doty were able to convince a prior City Council that there was a hardship that necessitated a variance. He stated that he is not exactly sure what the hardships were but probably because of the odd shape of the lots. He asked if it would be reasonable to assume that whatever hardships existed in 1982 would also be true today. Ms. Dacy stated that the same conditions apply today which is the unusual shape of the lot. Councilman Billings stated that, essentially, nothing has really changed in regard to the lots since 1982. He stated that he visited the site, and several neighbors approached him. Their primary concern was that they really did not want twin homes on the site. He stated that when he advised them this was not the issue before the Council, and the Council could not prevent the petitioner from constructing twin homes, they seemed disappointed. He stated that they pointed out that there is very little landscaping in the front of the two twin homes that already exist. He stated that he would like to know if the developer would be willing to install landscaping between the driveways to improve the � appearance. � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 21, 1993 PAGE 7 Councilman Billings stated that he has tried to determine what kind of variances he felt were reasonable had the petitioner applied for the variances prior to any building being done on the site. He stated that it seems the recommendation from staff as to fire wa11s makes sense in relation to other developments in the City and in terms of the building codes and zoning. He stated that the other question is if those fire walls should be less than the ninety degree angles. He stated that in several other cases in the City, one on McKinley and one on North Danube, there were approvals for variances for living space that would be six £eet away from the property line. Councilwoman Jorgenson asked if a drainage plan has been submitted. Ms. Dacy stated that no drainage plan was submitted, and in this particular instance, it would not be required. Councilwoman Jorgenson asked about fire wa11s in the homes where variances were granted. Ms. Dacy stated that the variances granted for the properties on McKinley and North Danube were within six feet of the property line. A fire wall is not required by the Uniform Building Code until a structure is within three feet. She stated that what staff is recommending is in excess of the code. Mr. LeVander, attorney representing Bauer Construction, stated that since Councilman Billings has described the history and justification for the variances, they probably would have been granted if the petitioner had come in before construction began. He stated that variances were granted to Mr. Wellner and Mr. Doty same time ago for three feet from the garages. He stated that it is simply the variances for the living space which is now a problem. Mr. LeVander stated that the initial variances were modified quite substantially. He stated that he did not think what is proposed is substantially different than what Mr. Wellner had submitted when he sugqested in his letter to the City on June 2, 1983 that "each unit will have a two-car garage with a bedroom above that area.1° He felt that the variances would solve the problem, and they would install £ire walls to avoid the spread of fire. Councilwoman in 1982 did stated that later which garage. Jorgenson stated that the original variance granted not allow for living space above the garage. She the City received a letter from Mr. Wellner a year noted his intent to provide living spaoe above the Councilman Sillinqs asked if Mr. Bauer would be willing to install plantings to improve the appearance. � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 21. 1993 PAGE 8 Mr. Bauer stated that he would not have a problem with the landscaping. Councilman Billings asked Mr. Bauer if his company constructed buildings to maintain ownership and rent them or if they build and sell the units. Mr. Bauer stated that they maintain and keep units for rental, as well as build and sell. He stated that if anyone wished to purchase one of the units it could be sold. Mr. LeVander stated that the deed restrictions referred to by staff would also be acceptable. Mr. Wellnex, owner of property at 6412, 6421, and 6423 Starlite Circle, stated that to give some history on these properties, the two car garages are a result of a compromise with the City because the neighbors raised concerns about parking. He stated that this was agreed upon by the City and the Council person at that time, Ed Hamernik. He stated that the plans were called A and B. Plan B was a single car garage, and Plan A came about in order to get final approval of the plat. He stated that the buildings had to be set back farther in order to have the garages located in front. He stated that the variances were granted after long, detailed discussions. He stated that he felt it was a mistake that Lot 4 is in preliminary construction. Mr. Wellner stated that with respect to the letter referred to by Mr. LeVander regarding living space above the garages, he is not sure of the context of the letter or that it was written by him. He stated that this probably has to do with the present buildings he owns and not with these lots in question. He stated that he is not sure the letter he submitted was in reference to these lots. Mr. Wellner stated that the drainage problem on Lot 3 is very serious. He stated that Mr. Bauer chose to elevate the building, and there is a 3.4 foot setback from the corner of the garage to the property line. He also has to install a three foot sidewalk along the garage. He stated that Mr. Bauer chose to change the grade, and he could have a drainage problem which could make the lower level unlivable. He stated that this particular lot drains directly on to his lot. This has to be dealt with and is a severe problem. Mr. Wellner stated that if the variances are granted with the fire wall, he suggested that at no time could anyone come back to the Council and petition for that area to be living space. Mayor Nee stated that he recalls the discussion about the garages and wanting to get cars off the street. He stated that as he looks back now, the buildings are probably too large for the site. FRIDLEY CITY COIINCIL MEETING OF JUNE 21 1993 PAGE 9 � Mr. Wellner felt thati Lot 5 had to be included in the Council's deliberations. He stated that the drainage problem created by the building at 6420 Starlite Circle better be dealt with in some fashion. He stated that he is not interested in donating any land to someone who elevates that building. Mr. Bauer stated that he hears what Mr. Wellner is saying; however, the garage floor is twelve inches above his garaqe floor. He stated that the cul-de-sac rises six inches above his building. He felt that the drainage could be handled. He stated that water in the rear of the building will drain to the north. He stated that he would have to deal with the water only on the south side, and this could be accomplished. Councilman Billings stated that Mr. Wellner has mentioned Lot 5. He stated that the property owner of this lot has not requested any variances, and a request has to be before the Council before any action can be taken. He stated that he would assume if the property owner for Lot 5 did request variances, and circumstances being similar to what they are on the other lots, the variances would be granted if the petitioner felt they were needed. He stated that in respond to Mr. Wellner's remark, it is his opinion the City cannot take away a person°s right to make a request for a variance. � Councilman Billinqs stated that in terms of the drainage, it is his understanding the drainage problem to which Mr. Wellner refers is a by-product of two elements; one being the elevation of the home being constructed a� 6420 Starlite Circle and the other being the closeness of the building to Mr. Wellner's property. He stated that the garage being 3 or 3-1J2 feet from the property line is a direct result of the variance granted to Mr. Wellner in 1982. He stated that the living space above the garage makes no difference, as the garage is still that close to the property line as a result of the variance granted in 1982 to Mr. Wellner. He stated that the drainage is something Mr. Bauer needs to address in terms of his relationship with Mr. Wellner, but he does not think it is a prime factor for the variance. Councilwoman Jorgenson asked if a drainage plan is required when someone adds fill to a property which may cause a drainage problem to either neighbor. Ms. Dacy stated that for a typical home or twin home a drainage plan would not be required. She stated that nothing has been submitted to staff which would lead them to believe tihere is a drainage issue involved. Councilwoman Jorgenson asked if the City was aware that fill was � being brought in for this property. FRIDLEY CITY CQUNCIL MEETING OF JIINE 2Y. 1993 PAGE 10 � Mr. Wellner stated that the drainage on that particular lot was below the original elevation. He stated that when you look at the topography, there is a difference in elevation where this building is being built and the building he owns on the east side. He stated that he had the building constructed on the original elevation and did not have a problem. He stated that the elevation was created by Mr. Bauer's choice of raising the building. He stated that he did not believe Mr. Bauer brought in fill but bermed behind his property. He stated that he did not know why Mr. Bauer chose to elevate the building and create the drainage problem. Councilman Billings stated that the drainage problem is not connected to these variances but the elements of the existing elevation and the close proximity to the property line is. Mr. Wellner stated that he would not dispute this fact, and the setbacks did not cause the problem with the drainage. It was the elevation of the building. Mr. Bauer stated that the elevation is twelve inches higher than the property to the south, and the reason he went with this elevation is the next lot at 6430 Starlite Circle rises again. He stated that the lot might have been lower than Mr. Wellner's, but Mr. Wellner's lot was elevated somewhat. He stated that this � building and the adjacent buildinq were built a little higher in order to make it look better. He stated that the drainage problem can be handled. He stated that they probably will need to make a different sidewalk with a step down off the driveway to the sidewalk. He stated that he would not drain any water on Mr. Wellner's property. MOTION by Counoilman Billings to grant Variance Request, VAR #93-09, with the fire wall option, subject to the followinq stipulations: (1) a diagonal wall is to be constructed to meet the 10 foot side yard setback requirement, or (2) if a fire wall is constructed in a 90 degree fashion similar to what is indicated in the attached plans, the variance for Lot 3A, 6420 Starlite Circle would be from the required 10 feet to 7.25 feet; for Lot 3B, 6422 Starlite Circle, £rom the required 10 feet to 7.25 feet; for Lot 4A, 6430 Starlite Circle from the required ]0 feet to 9 feet; and for Lot 4B, 6432 5tarlite Circle from the required l0 feet to 7.25 feet for a living area encroachments; (3) this variance request acknowledges the existence of a portion of the structures that are located less than l0 feet from the lot line and, further, that there are prior variances that have been issued to these lots; (4) the wa11 surface of the fire wall shall be lined with a 5/8 inch gypsum baard to Pace the interior of the unit. Further, a 5/8 inch gypsum board shall also be placed on the interior of the existing outside walls; (5) the petitioner, on forms provided by � the City, shall record deed restriations stipulating that the wall cannot be removed and is intended for fire safety purposes; and (6) the petitioner will work with staff to specify and plant FRIDLEY CITY COUNCIL MEETING OF JUNE 21. 1993 PAGE 11 � appropriate plantings that will survive between the driveways of the individual twin homes. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked if there was anything that c4uld be done to have Mr. Bauer and Mr. Wellner work together towards the drainage plan. Mr. Herrick, City Attorney, stated that he heard Mr. Bauer say that he felt he could resolve the drainage problem. He stated that if he is not successful and there is a problem or some damages to Mr. Wellner's property, Mr. Bauer may have some civil liability. He felt that Mr. Bauer was aware of the concern. He stated that he did not know if there is anything the City can do to require the cooperation of the two persons. He assumes they would try to work out a mutual agreement. He stated that if there is a problem, the question is if one of the owners developed the property in an unreasonable fashion. Councilwoman Jorgenson felt that it may be prudent �o attach another stipulation to include a drainage plan to show the drainage of the property to make sure it would not affect Mr. Wellner's property. MOTION by Councilwoman Jorgenson to add stipulation No. 7 as � follows: (7) that a drainage plan be provided to staff prior to July 1, 1993 on the parcel at 6420 Starlite Circle. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF JUNE 1. 1993- A. VARIANCE REOUEST, VAR #93-10, BY MICHAEL AND JENNIFER MILLIGAN. TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 25 FEET TO 10 FEET TO ALLOW THE CONSTRUCTION OF A THREE-CAR GARAGE. GENERALLY LOCATED AT 392 66TH AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request to reduce the side yard setback on a corner lot from 25 feet to 10 feet to allow construction of a three car garaqe. She stated that the Appeals Commission recommended a 17-1/2 foot setback rather than a 10 foot setback with four stipulations which she outlined. MOTION by Councilman Billings to concur with the unanimous recommendation of the Appeals Commission and grant Variance � Request, VAR #93-10, with the following stipulations: (1) replacement of the existing driveway curb cut with B618 concrete curb and gutter; (2) removal of the existing driveway; (3) � � � FRIDLEY CITY COUNCIL MEETIN6 OF JUNE 21, 1993 PAGE 12 conversion of the existing garage to living area within 60 days of completion of the accessory structure; and (4) installation of a hardsurface driveway for the new garage by July 1, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REOUEST. VAR #93-11, BY TOP TOOL COMPANY, TO REDUCE THE FRONT YARD SETBACK FROM 100 FEET TO 90 FEET TO ALLOW THE CONSTRUCTION OF A SMALL AADITION. GENERALLY LOCATED AT 7615 BAKER STREET N.E.: Ms. Dacy, Community Development Director, stated that this is a request to reduce the front yard setback from 100 feet to 90 feet to allow the construction of a small addition to be used as an entry vestibule. She stated that this would improve the energy efficiency of this area. She stated that the petitioner is proposing to add additional parking in front of the building by increasing the number of spaces from four to eight. MOTION by Councilwoman Jorgenson to grant Variance Request, VAR #93-11, with the following stipulation: (1) the petitioner shall provide a landscape plan which provides screening for the parking lot along Baker Street N.E. prior to the issuance of a building permit. Screening shall be provided by either a three foot berm, hedge, or combination thereof. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE THE MINUTES FROM `PHE PLANNING COMMI55ION MEETING OF MAY 26. 1993' MOTION by Councilman Billings to receive the minutes of the Planning Commission meeting of May 26, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SUNE 9, 1993' A. SPECIAL USE PERMIT REQUEST, SP #93-08, BY SAM'S AUTO BUYING PROGRAM, TO ALLOW AUTOMOBILE AGENCIES SELLING OR DIS1'LAYING NEW AND/OR USED MOTOR VEHICLES, GENERALLY LOCATED AT 8150 UNIVERSITY AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a special use permit by Sam's Auto Buying Program to allow the sale of cars, trucks, recreational vehicles, boats and campers. She stated that the property is located in the northwest corner of 81st Avenue and zoned C-3. She stated that Sam's Auto Buying Program is affiliated with Sam's Wholesale Club, but it is a separate corporate entity. she stated that they work with area dealers in order to provide specific automobile prices which are FRIDLEY CITY COUNCIL MEETING OF JUNE 21, 1993 PAGE 13 � exclusive to Sam's Club members. She stated that these auto sales would occur no more than two times per year for no more than three days per occurrence. She stated that as part of this event, the petitioner is proposing to construct a tent and provide food and have the area controlled by barricades and streamers. She stated that they intend to hire a 24 hour security guard and provide traffic management. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with six stipulations, which she outlined. Mayor Nee asked if Sam's met the code on parking if they remove this number for the event. Ms. Dacy stated that about 150 parking stalls would be lost for this three day period, so they would fall below the required parking. She stated that i£ a problem does occur, the Council has the authority to establish a revocation hearing. Mayor Nee asked if new or used cars would be involved in this sales event. Mr. Tim Michalak, Regional Manager for Sam's Auto Buying Program, � stated that there would be new and program cars available. He asked if an additional permit is needed for the tent. Ms. Dacy stated that a temporary building permit will need to be obtained to make sure the tent materials are appropriate. Mr. Michalak stated that he is not sure of the exact location of the tent, but he would choose the best location in regard to safety. He stated that the entire area would be roped off. He stated that there would not be as much traffic for this event as Sam's has during the Christmas rush. Councilman Billings asked if a temporary building permit needs to be issued each time the tent is erected. Ms. Dacy stated that possibly something could be worked out to have the permit for a year as long as the same tent is used. MOTION by Councilman Billings to concur with the unanimous recommendation of the Planning Commission and grant Special Use Permit Request, SP #93-08, with the following stipulations: (1) the vehicle sales will occur no more than two times per year for no more than three days per occurrence; (2) the use of streamers, pennants, and flags is prohibited; (3) the petitioner shall comply with the temporary sign ordinance for all temporary signs on the � property, including staff review of the two story balloon and its location; (4) the petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code; � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 21, 1993 PAGE 14 (5) the petitioner shall insure that handicap accessible bathrooms in the building are available; and (6) the petitioner shall provide a traffic management person to properly control traffic on site and to prevent problems occurring on 81st Avenue and the £rontage road. Seconded by Councilwoman Jorgensone MOTION by Councilman Billings to amend Stipulation No. 4 by adding the following words at the beginning of the sentence: "Prior to the erection of the tent,'� and to add the following stipulation: (7) that the petitioner is herewith advised that he is responsible to provide adequate parking for the customers. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Michalak stated that Sam's Auto Buying Program is inviting their members to come and enjoy a no hassle purchase. He stated that they do not tell the dealers what prices to charge. Sam's merely provides the space to bring their members and dealers together. Mr. Herrick, City Attorney, asked if the purchases were limited to members of Sam's Club. Mr. Michalak stated that because the automobile dealers are moving a sizeable inventory on the lot, he is not saying a non-member could not go onto the lot and purchase a vehicle. Councilman Billings asked if the City issues licenses to automobile dealers. Ms. Dacy stated that licenses are issued to used car dealers. Mr. Herrick stated that new car dealers have a state license. Ms. Dacy petitioner file. stated that she £elt it may be appropriate Por the to provide a copy of the state license for the City's MOTION by Councilman Hillings to further amend the motion by adding the following stipulation: (8) a copy of all appropriate licenses shall be obtained prior to any given sale. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy said that if the state license is specific, a zoning signature is needed on the license so the City may have to sign anyway. Mr. Michalak stated that all the state required was a thirty day written proposal, basically telling them when they were going to have the sale, and they enclosed a copy of the invitation. FRIDLEY CITY COUNCIL MESTING OF JUNE 21, 1993 PAGE 15 � MOTION by Councilwoman Jorgenson to add the following stipulation: (9) that this special use permit be reviewed by staff at the end of the first year, Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of June 9, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 45-1993 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: TCAAP INTERCONNECT PIPELINE PROJECT NO. 248: Mr. Flora, Public Works Director, stated that the date for the bids to be opened should be changed from July 6 to July 13, 1993. MOTION by Councilwoman Jorgenson to adopt Resolution No. 45-1993, with the change in date for bid opening from July 6 to July 13, 1993. Seconded by Councilman Billings. Upon a voice uote, all � voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 46-1993 ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: 63RD AVENUE BOOSTER STATION PROJECT NO. 250: Mr. Flora, Public Works Director, stated that the date for openinq bids should be changed from July 6 to July 13, 1993. MOTION by Councilwoman Jorgenson to adopt Resolution No. 46-1993, with the change in date for bid opening from July 6 to July 13, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motiott carried unanimously. 8. RESOLUTION NO. 47-1993 AUTHORIZING THE POSTING OF "NO PARKING" SIGNS ON ONE SIDE OF ARTHUR STREET: MOTION by Councilwoman Jorgenson to adopt Resolution No. 47-1993. Seoonded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVAL OF AN AGREEMENT WITH MINNESOTA POLLUTION CONTROL AGENCY FOR COMMONS PARK PUMPING TEST: Mr. Flora, Public Works Director, stated that this agreement was � received from the Minnesota Pollution Control Agency for a pumping test of the Commons Park well field. He stated that the purpose of the test is to investigate the groundwater aquifer flow � FRIDLEY CITY COt7NCIL MEETING OF JIINE 21 1993 PAGE 16 direction. Bruce A. Leisah, the City's consultant, will be conducting the test. MOTION by Councilman Billinqs to authorize the Mayor and City Clerk to enter into this agreement between the Minnesota Pollution Control Agency and the City for the Commons Park pumping test. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CHANGE ORDER N0. 5, 1492 STREET IMPROVEMENT PROJECT NO. ST 1992 - 1 & 2• MOTION by Councilwoman Jorgenson to authorize Change Order No. 5 to Street Improvement Project No. ST 1992 - l& 2 in the amount of $7,880.00 with Northwest Asphalt, Inc. to complete sodding and seeding at the new Riverview Heights Park. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 48-1993 AUTHORIZING AN EARLY RETIREMENT INCENTIVE FOR ELIGIBLE EMPIAYEES OF THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that in 1993, the State Legislature included early retirement incentives in the omnibus appropriations � bill. He stated that in aacordance with this law, the City can offer eligible employees an incentive of either an increase of one- fourth percent (1/4%) in the multiplier used to calculate the retirement annuity or employer-paid premium contributions to hospital, medical and dental insurance until age 65 or both. He stated that offering eligible employees an increase of one-fourth percent in the multiplier used to calculate the retirement annuity would not involve an expenditure of City funds. He stated that the increased pension benefit would be paid from the resources of the � Public Employees Retirement Association. Mr. Burns recommended that Council provide this early retirement incentive of an increase of one-fourth percent in the multiplier used to calculate the retirement annuity to the three eligible employees who may be interested in this option. MOTION by Councilman Billings to adopt Resolution No. 48-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 12. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 13. CLAIMS: MOTION by Councilman Billings to authorize payment of Claim Nos. 49863 through 50127. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 21. 1993 PAGE 17 14. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk�s Office. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15, ESTIMATES: MOTION by Councilman Billings to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 20D Coon Rapids Boulevard N.W. 400 Northtown Financial Building Coon Rapids, MN 55433 Statement for Services Rendered Por the Month of May, 1993 as City Attorney, . . . . . . . . Innovative Yrrigation 100D6 University Avenue N.W. Coon Rapids, MN 55448 Corridor Maintenanoe Project No. 243 Estimate No. 2 . . . . . . . . . . . Jon Isaacson Lawn Care 19910 Dassel Lane Rogers, MN 55374 $ 5,538.99 $ 3,549.91 Lake Pointe Development Maintenance Project No. 244 Estimate No. 2 . . . . . . . . . . . . . . . $ 3,283.90 Gunderson Bros. Cement Contractors 2235 Snelling Avenue Minneapolis, MN 55404 1993 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 245 Estimate No. 2 . . . . . . . . . . . . . $ 2,590.65 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING QF JUNE 21. 1993 PAGE 18 � ESTIMATE FOR NEWOUIST & ERSTRUM, CHARTERED: MOTION by Councilman Billings to approve the following estimatee Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered for the Month of May, 1993 as City Prosecuting Attorney. . . e . . . . . . $ 9,577.50 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVE PETITION NO. 12-1993 FOR STABILIZATION OF THE RICE CREEK STREAM BANK FROM RESIDENTS ON RICE CREEK TERRACE: Mr. Roger Kaye, 585 Rice Creek Terrace, asked if the Council had received their petition for stabilization of the Rice Creek stream bank. Mayor Nee stated that this petition was received, and he asked for ' a motion to receive this petition into the minutes. MOTION by Councilwoman Jorgenson to receive Petition No. 12-1993 from residents on Rice Creek Terrace regarding the Rice Creek stream Hank stabilization project. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, RECEIVE LETTER FROM DIANE AND WADE SAVAGE REGARDING THE STREAM BANK STABILIZATION PROJECT: MoTION by Councilman Billings to receive a letter from Wade and Diane Savage indicating they would like to be included in the Rice Creek stream bank stabilization project. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 21, 1993 adjourned at 9:55 p.m. Respectfully submitted, � Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: