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05/08/1995 - 00001224� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COIINCIL OF MAY 8, 1995 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee a� 7:33 p.m. PLEDGE OF ALLEGYANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Council- woman Bolkcom None Mayor Nee stated that he wished to take this occasion to no�e Victory in Europe Day. He stated that fifty years ago today this day had special meaning for he and his wife, as tizey were both in Europe when V-E Day was declared. He stated thalt this was quite an event, as it was the end of the war in Europe. IIe stated that this was a very happy day, as they were to go home, but they were saddened because they were forced to reflect on those comrades who did not make ito Mayor Nee stated that there are no words sufficient to honor those who served in all the Armed Forces in the American battle in Europe. He stated that he cannot articulate those feelings, but the memories will always be in his mind. IIe stated that �here are a number of people in Fridley who were participants in World War II. He stated that this evening he would like to remind those who have the images in their minds to talce a moment to reflect and honor their comrades and then go on to the next chapter of their lives. APPROVAL OF MINUTES: BOARD OF REVIEW MEETING OF APRIL 10. 3995: MoTION by Councilman Schneider to approve �he minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all votincp aye, Mayor Nee declared the motion carried unanimously. CONTINUED BOARD OF REVIEW MEETING OF APRIL 24, 1995: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Bolkcom. upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETI�G OF MAY 8 1995 PAGE 2 1 COUNCIL MEETING, APRIL 24, 1995: MOTION by Councilwoman 3orqenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice votea all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: Mr. Burn5, City Manager, briefly reviewed the items on the consent agenda. OLD BUSINESS: 1. ORDINANCE NO. 1049 ESTABLISHING CHAPTER 219 ENTITLED 11HARRIS POND STORM WATER YMPROVEMENT DISTRICT" TO THE FRIDLEY CITY CODE: AND APPROVE SUMMARY NOTICE FOR �UBLICATION: Mr. Burns stated that this ordinance esta�lishes a special taxing district in lieu of an annual assessment process, for the treatment of Harris Pond. He stated tfiat the taxing district includes 29 properties in Fridley and New Brighton that surround Harris Pond. He stated that the pond treatment would consist of the following: weeds, twice per year; algae, ' three times per year; and phosphorus reduction, once every four years. He stated that the costs would be shared with fifty percent paid by the City and the other fifty percen� paid by the property owners. Mre Burns stated that the residen�s would be notified of the annual treatment costs, and the treatment may be terminated by the residents if 51 percent or more of the property owners petition the City. He stated that if the City decides not to continue to share in the cost, a public hearing could be held to repeaT this ordinance. WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 1049 ON THE SECOND READING AND APPROVE THE SUMMARY NOTICE FOR PIIBLICATIONo NEW BUSINESS• 2. RECEIVE THE MINUTES OF THE SPECIAL PLANNING COMMISSION MEETING OF MARCH 29, 1995• RECEIVED. 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 19. 1995• � RECEIVED. � � � FRIDLEY CITY COIINCIL MEETING OF MAY 8, 1995 PAGE 3 4. ESTABLISHING A PUBLIC HEARING FOR MAY 22,1995, FOR A PRELIMI- NARY PLAT REOUEST, P.S. #95-01. BY THE ROTTLUND COMPANY, INC. THE ROTTLUND COMPANY IS PROPOSING THIS PLAT REQUEST IN CON- JUNCTION WITH STREET VACATION AND REZONING REOUESTS IN ORDER TO CONSTRUCT 48 SENIOR-ONLY. OWNER-OCCUPIED CONDOMYNYUMS, 48 OWNER-OCCUPIED ATTACHED TOWNHOUSES, AND 50 OWNER-OCCUPIED DETACHED TOWNHOMES. THE SITE IS GENERALLY LOCATED SOUTH OF MISSISSIPPI STREET. WEST OF UNIVERSITY AVENUE, AND NORTH OF SATELLITE LANE QWARD 1L AND ESTABLISHING A PUBLIC HEARING FOR MAY 22. T995, FOR A REZONING REOUEST, ZOA #95-01. BY THE ROTTLUND COMPANY. INC. THE ROTT- LUND COMPANY IS PROPOSING THIS REZONYNG RE UEST IN CONJUNCTION WITH STREET VACATION AND PRELIMINARY PLAT REQUESTS IN ORDER TO CONSTRUCT 48 SENIOR-ONLY. OWNER-OCCUPIED CONDOMINIUMS, 48 OWNER-OCCUPIED ATTACHED TOWNHOUSES, AND 50 OWNER-OCCUPIED DETACHED TOWNHOMES. THE SITE IS GENERALLY LOCATED SOUTH OF MISSISSIPPI STREET. WEST OF UNIVERSITY AVENUE, AND NORTH OF SATELLITE LANE. CURRENT ZONING OF THE PROPERTYES YS: R-3, GENERAL MULTIPLE FAMILY DWELLING AND C-3. GENERAL SHOPPING CENTER. THE PROPOSED ZONYNG DISTRICT IS S-2o g2EDEVELOPMENT DISTRICT. THE S-2 DISTRICT REOUIRES PLAN APPROVAL BY THE PLANNING COMMISSION AND THE CITY COUNCIL (WAF2D 11: AND ESTABLISH A PUBLIC HEARING FOR Y�IAi' 22.1495. 7FQR A t7ACATYON REQUEST. SAV #95-02. BY THE ROTTLUND COMPANY, YNC, THIS VACATION REOUEST WILL VACATE A PORTION OF THE iTNIVERSITY AVENUE SERVICE ROAD SOUTH OF MYSSISSIPPI STREET AND NORTH OF SATELLITE LANE, AND A PORTION OF THYRD STREET YMMEDIATELY NORTH OF SATELLITE LANE. THE VACATYOI3 REOUEST WILL ALSO VACATE A NUMBER OF DRAINAGE AND UTILITY EASEMENTS WITHIN THE DEVELOPMENT AREA, THE ROTTLUND COMPANY YS PROPOSYNG THIS VACATION REOUEST IN CONJUNCTION WYTH PRELIMINARY PLAT AND REZONING REOUESTS IN ORDER TO CONSTRUCT A TOWNHOME PROJECT GENERALLY LOCATED SOUTH OF MISSISSIPPY STREET, F7EST OF UNIVERSITY AVENUE. AND NORTH OF SATELLITE LANE fWARD 1): Mr. Burns stated that these public hearings are for a project �y Rottlund Homes which consists og 48 senior-only condo- miniums; 48 two-story attached townhomes; and 5o detached townhomes -- 26 are one-story and 24 are two-story. He stated that at the public hearing there will be a review of computer simulations, proposed housing types, traffic patterns, buffers and landscaping, and open space issueso Fie stated that in conjunction with this public hearing for the preliminary plat, there are also public hearings for rezoning and vacation requests. 8ET THE PUHLIC HEARINGS FOR MAY 22, 1995 FOR PRELIMINARY PLAT REQUEST� P.B. #95-01; REZOPIIPIC, REQIIEST� ZOA #95-Olg AND 9ACATION REQUEST, 3AV #95-02. FRIDLEY CITY COUNCTL MEETING OF MAY 8, 1995 PAGE � � 5. ESTABLTSH A PUBLYC HEARING FOR MAY 22. 1995. FOR A REZONING REOUEST. ZOA #95-02, BY THE CITY OF FRIDLEYa TO REZONE PROPERTY FROM M-2, HEAVY INDUSTRIAL TO C-2. GENERAL BUSINESS, TO ALLOW THE CONSTRUCTION OF A NEW MUNICIPAL LI4UOR STORE, GENERALLY LOCATED AT 7299 UNIVERSITY AVENUE N.E. (WARD 1� SET THE PUHLIC HEARING FOR MAY 220 1995 FOR REZONING REQUESTg ZOA #95-02e ESTABLISH A PUBLIC HEARING FOR MAY 22, 1995, FOR A REZONING REOUEST. ZOA #95-03, BY RMS COMPANY, TO REZONE FROM M-3, LIGHT INDUSTRIAL, TO C-2, GENERAL BUSINESS, GENERALLY LOCATED AT 970 OSBORNE ROAD N.E. (WARD 2): SET THE PIIBLIC HEARING FOR MAY 22a 1995 FOR Y2EZONING REQUESTe ZOA #95-03. 7. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206, ENTITLED "BUILDING CODE,11 BY AMENDING SECTIONS 206.01.02, 206.01.030 206.01.04, 206.03.010 206.03.02. 206.05.01, 206.07.07, AND 206.10.04: Mr. �urns stated that in 1989, the City adopted the 1988 � Uniform Building Code, and fees have not been increased since that time. FIe stated that this ordinance would adopt �.he 1994 Uniform Buildinq Code and related Pees. He stated it is recommended, however, that the mechanical and plumbing feea be lower than those provided in the IIniform Buildinq Code. Mr. Burns reviewed some of the numerous changes in the fees. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA� A3 REQIIESTED BY COIINCILMAN SCHNEIDER. 8. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUESTo SAV #95-01, BY THE CITY OF FRIDLEY. GENERALLY LOCATED AT 5900 THIRD STREET N.E.9 (WARD 31' Mr. Burns stated the ordinanee tha+t is in �he agenda book vacates only the land under the slip-off, and the intent was to declare both the Custom Mechanical property with the slip- off as surplus. He stated that a replacement ordinance was provided to Council prior to the meeting, and this is the one that is recommended for first reading. WAIVE THE READING AND APPROVE THE ORDINANCE OBi FIRST READING. ' 9. FIRST READING OF AN ORDINANCE YJNDER SECTION 12.06 OF THE C3TY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPY,US AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT 5900 TH3RD STREET N.E.1 (WARD 31: WAIVE THE READING ANU APPROVE THE ORDINANCE QN FIRST READING. � � � FRIDLEY CITY COUNCIL MEETING OF MAY 8, 1995 PAGE 5 10. VARIANCE RE4UEST. VAR #95-08, BY RU5SELL AND BONNIE JAPS, TO REDUCE THE REAR YARD SETBACR FROM 30 FEET TO 27 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION. GENERALLY LOCATED AT 1422 66th AVENUE N.E. (WARD 2L FFI 12. 13. F[!� Mr. Burns stated that this is a request for a variance to reduce the rear yard setback from 30 feet to 27 feet. He stated that the Appeals Commission unanimously recommended approval of this variancee THIS ITEM &AS REMOVED FROM `PHE CONSEI�TT �GENDA P�IJD PLACED OB% THE REGULAR AGENDA' AS REQUESTED BY COUNCILMAN SCHNEIDER, APPROVE KENKO, INC.. ESTIMATE ADSUSTMENT FOR PROJECT NO. 248: Mr. Burns stated that at the April 24, 1995 Council meeting, a partial estimate was approved for Kenko, Inc. in the amount of $8,770.67 for the TCAAP project. He stated that an audit was completed by the City of New Brighton, and a new final cost was identified as $7,758.52. He stated that it is recom° mended that this final estimate of $7,758.52 be approved to replace the partial estimate approved by 'the Council on ApYil 24, 1995. APPROVED FINAL ESTIMATE OF $7�758.52 `Ptl RENROs 3NC.`�O REPLAC� 3'HE PARTIAL ESTIMATE ($8,770.eay �,PPROVED ON APRIL 29a 1995. CLAIMS• APPROVED - NO3. 61532 THROUG$ 61i93e LICENSES• APPROVED AS ON FILE IN THE LICENSE CLERR�S OFFICE. ESTIMATES: APPROVED� AS FOLLOWS: Kenito, Inc. 1694 91st Avenue N.E. Blaine, MN 55449 Twin Cities Army Ammunition Plant (TCAAP) Inter-City Waterline Projec� No. 248 FINAL ESTIMATE . . . . . . . . . . . . . . .*$7,758.52 *As approved under the consent agenda, Ytem il � FRIDLEY CITY COUNCIL MEETING OF MAY 8 3995 PAGE 6 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55435-5489 Services Rendered as City Attorney £or the Month of April, 1995 ... F. F. Jedlicki, Inc. 14203 West 62nd Street Eden Prairie, MN 55346 South Marian Hills Storm Sewer & Clover Pond Diversion Project No Estimate No. 4 . . . . . . . . . . $1,790.54 222 . . . . $5,520.00 There were no comments from the audience regarding the consent agenda items. Councilman Schneider requested tttat %tems 7 and l0 be removed from the consent agenda. MOTION by Councilwoman Jorgenson to approve the consent agenda, � with the exception of Items 7 and 10 which are to be placed on the regular agenda. Seconded by Councilwoman Bolkcom. LTpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ADOPTION OF AGENDA: MOTION by Councilman Scrineider to adopt the agenda with the addition of consent agenfla Items 7 and 10 Councilwoman Bolkcom. iJpon a voice vote, all voting declared the motion carried unanimously. OPEN FORUM. VISITORS: as submittecl, . Seconded by aye, Mayor Nee Mr. Frank van Dan, 6342 Baker Stree�, s'tated he felt that the present theme of the Fridley °49er Days celebration was not repre- sentative of Fridley's history. He stated that it is historically incorrect, but Fridley is the second oldest community in the state. He said that the City's annual celebration is called '49er Days, because of the Gold Rush in 1849 in California, and he cloes not know how it relates to Fridley. He stated that before the rail link to Winnipeg in 1885, the only way persons could get to Winnipeg was from Fridley and St. Paul. He stated that Minneapolis and St. Anthony did not even exist, and the Banfill House was an important link. He stated that transportation was by ox carts, and John Banfill built a ferry across the river. He thought that ox carts should be included in the parade and the celebration renamecl to possibly Manomen Days. He stated that originally this area was called Manomen which was the Indian name for wild rice. FRIDLEY CITY COIINCIL MEETING OF MAY 8, i995 PAGE 7 � Mr. van Dan stated that perhaps Council would support a resolution to bring out the history of Fridley in the annual celebration. He thanked Council for hearing his comments and felt it was important to emphasize Fridley's history. Mayor Nee stated that '49er �ays relates to 1949 when the City was incorporated, and Fridley's 50th Anniversary will be in 1999. He s�ated that he did not know that Fridley is the second oldest community in the state. NEW BUSINESS: 15. VARIANCE REQUEST, VAR #95-07, BY BROOKSTONE REAL ESTATE SERVICES, TO REDUCE THE SETBACK OF A FREE-STANDING SIGN TO A PROPERTY LINE FROM 10 FEET TO 3 FEET. GENERALLY LOCATED AT 7120-7190 UNIVERSITY AVENUE N.E. (WARD 31: Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the required setback of ten feet to a31ow a sign to be set back three feet from the property line at an existing compleX at 7120-7190 University Avenue N.E, He stated that the proposed sign is 8 feet by 10 feet and would be placed 3 feet from the property line in the center of this development. � Mr. Hickok stated that this sign would replace �he brick monument and the other existing sign along the edge of the parking lot, He stated that the purpose of the sign is to advertise the tenants in this complex. Mr. Hickok stated that staff recommends denial of this variance, and the Appeals Commission concurred with staff's recommendation. He stated that this request does not meet the following four condi- tions: (1) that there are no exceptional or extraordinary circum� stances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district; (2) that the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question; (3) that the strict application of the chapter would constitute an unnecessary fiardship; and (4) that the grantinq of the variance would not be materially detrimental to the public health, safety, general welfare, or detrimental to the property in the vicinity or district in which �he property is located. Mr. Hickok stated that staff did not feei �here were any extra- ordinary circumstances, as there are alternate locations for the sign, and the hardship did not apply. He stated tha� staff had a concern about the bikeway/walkway which would be in close proximity � to the sign. FRIDLEY CITY COIINCIL MEETING OF MAY 8. 1995 PAGE 8 � Ms. Sarah Gardner, representing Brookstone Real Estate Services, stated that three tenants in their complex requested the existing sign be moved to the center of the iacilitye She stated tha� the existing sign, as well as the monument sign, would be removed and replaced with this new sign. She stated �hat if �he new sign was located to the north or south of the complex, there is a lot of obstruction either from the U.S. Swim and Fitness sign or a tree and power pole. She stated that the new sign would be updated and list only the three tenants of their complex. Councilman Schneider stated that the overall signage would be re- duced, as both of the existing signs would be removed and replaced with the new sign. Councilman Billings stated that he believed there was a variance for the monument sign to identify the management of the buildingo Ms. Gardner stated that the monumen£ is no longer needed and has no significance at this time, as the management has changed, Mayor Nee asked if the new pylon sign would be in line with the monument sign which is to be removed. � Ms. Gardner stated that the new sign will be in �he same spot, but the face of t�e sign will be three feet away from the bikeway/ walkway. Mr. Hickok stated that in 1989, a variance was granted for the brick monument sign parallel to the curb of the parking lot and six feet from the property line. He stated that �he current request is to have the new sign three feet from the property line. Councilwoman Bolkcom asked if there are any other signs along the bikeway/walkway that are that close. Mr. Hickok stated that as far as the location of signs in proximity of the bikeway/walkway, he did no� beiieve there are any that close. Councilwoman Jorgenson asked the height of the sign. Ms. Gardner stated that it is eiqht to ten feet, and they want it high enough so that bikers cannot reach it, Councilman Schneider asked how close the existing pylon sign as �o the bikeway/walkway. � Mr. Hickok stated that this sign was to be set back ten feet, how- ever, this is not the case as a variance was granted for the par- king lot so the curb is closer to the walkway. He stated that a variance was granted for the monument sign. FRIDLEY CITY COUNCIL ME$TING OF MAY 8. 1995 PAGE 9 ' Mayor Nee asked what the encroachment into the parking 1ot was i£ the sign was moved seven feet, Ms. Gardner stated that it would be abou� 11 feet into the parking loto Mr. Hickok stated that if the proposed sign is moved towards the parking lot, it would be necessary to extend the curb and plantings around the sign. MOTION by Councilwoman �olkcom to concur with the Appeals Commission recommend and deny Variance Request, VAR #95-07. Seconded by Councilman Billings. Councilman Schneider suggested fhat this i£em be tabled so that other options could be reviewed with the petitionere MOTION by Councilman Schneider to table this Variance Request, VAR #95-07 in order to allow the petitioner time to work with staff on other options. Seconded by Councilwoman Jorgensone Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Mr. Greg Asproth, owner of University �illiards, stated that he was one of the persons in favor of the original sign. He stated that this proposed sign would be the same as the sign that now existse Councilwoman Sorgenson stated that there is nothing wrong with the existing sign except that it was not placed in the approved location. 16. RESOLUTYON NO. 30-1995 ORDERING YMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NOo ST. 1995-1: Mr. Flora, Public Works Director, stated that Council held a public hearing on April 24, 1995 for this improvement project on 68th Avenue and Arthur Street. He stated that �wo petitions were received with 32 percent of the property owners on 68th Avenue signing the peti�ion, and 100 percent o� the property owners on Arthur Street signing the petitione Mr. Flora stated that this improvement project would upgrade 68th Avenue and Arthur Street to a width of 32 feet, and the property owners would be assessed for concrete curb and gutter at a cost not to exceed $9.00 per front foot. He stated tha� parking would be allowed on only one side of the street. He stated that for 68th � Avenue, the parking would be on the nortkn side, and for Arthur Street, the parkinq would be on the west side. � FRIDLEY CITY COIINCIL MEETING OF MAY 8. i995 PAGE 10 � MOTION by Councilman Billings to adopt Resolution No. 30-1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �nanimouslye 7. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206. ENTITLED "BUILDYNG CODE,1° BY AMENDYNG SECTIONS 206.01.02. 206.01.03. 206.01.04, 206.03.01, 206.03.02, 206.05.01, 206.07.07. AND 206.10.04: Councilman Schneider stated that fie would like to �now the actual costs to the City to process these permits. He felt that the City should keep the fees as low as possible to encourage peopTe to remodel and update their homes, Ms. Dacy, Community Development Director, stated that tfiere was an analysis of the fees completed two years ago, and she could supply copies for the next meeting. She stated that on a majority of the permits, the cost for the City to process did exceed the fee. She stated that the City is not making money on the fees, as staff spends a good deal of time, especially with residential permits. MOTION by Councilwoman Bolkcom to table this item to the Special Council Meeting on May 15, 1995. Seconded by Councilman Schneider. � Upon a voice vote, all voting aye, Mayor Nee declared tfie motion carried unanimouslyo 10. VARIANCE REOUEST, VAR #95-08. BY RUSSELL AND BONNIE JAPS, TO REDUCE THE REAR YARD SETBACK FROM 3D FEET TO 27 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION. GENERALLY LOCATED AT 1422 66TH AVENUE N.E, (WARD 2): Mr. Hickok, Planning Coordinator, stated that �his is a request for a variance to reduce the rear yard setback from 30 to 27 feet to allow the addition of a porch. He stated that at �he Appeals Com- mission meeting, �here was a comment from an adjacent property owner regarding the closeness �o her property and if there would be a fence. He stated that this issue has been resolved, and a letter has been received from this neighbor at T455 Creek Ridge Lane that they are not opposed to thas variance. i3e stated that he unders£ands there has been an agreement that the petitioner will construct a privacy fence along the rear portion of their property. Councilman Schneider asked if the fence is a separate agreement or a stipulation of this variance. Mr. Hickok stated that, at this time, it is an agreement between the two property owners. He stated that they apparently came to � an understanding, and the property owners at 1455 Creelc Ridge Lanea Patty and Robert Traczyk, have sent a letter stating �Ehe� are not opposed to the variance. Mr. Hickok �hen read the letter to the Council.