Loading...
07/10/2000 - 00008627THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 10, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor 7orgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: None STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of other with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. PRESENTATION OF FRIDLEY `49ER DAYS ROYALTY: Ms. Dianne McKusick, representative of the Miss Fridley Pageant Scholarship, introduced Miss Fridley Queen Rachel Roith, Princess 7ennie French, and Princess Christy Peterson. Queen Rachel Roith stated that if Fridley would like them to participate in any events or benefits they would be more than happy to be involved in those. Ms. Roith thanked Council for having them tonight. Princess Jennie French stated that they are having fun, and she is honored to represent the City of Fridley. Princess Christy Peterson stated that she wanted to e�tend her thanks for inviting them this evening. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2000 PAGE 2 PROCLAMATION: National Ni�ht Out - Au u.°� st 1, 2000 Ms. Rosie Griep, Public Safety Projects Coordinator, introduced the members of the Neighborhood Crime Watch Advisory Board who assist in making the National Night Out so successful. Fridley has participated in this program since 1989. Fridley has placed in the top ten nationally since 1992 for a community of our population category. For neighborhoods to participate, there is a registration packet. There is also information available to be distributed throughout neighborhoods. This year there will be yard signs to show where the parties are, as well. If you need additional information contact the Police Department at 572-3638. Mayor Jorgenson asked Ms. Griep how many parties are scheduled. Ms. Griep stated that they have about 28, but she said reminders were just mailed. Traditionally, in the past, there have been about 70 to 75 parties. This year there will probably be that many as well. Mayor Jorgenson stated that members of the City Council, Police Department and Fire Department are able to attend the parties. Mayor Jorgenson asked Ms. Griep for an update on the Fridley Safety Camp. Ms. Griep stated that 160 students attended. They had an enjoyable time and were able to have the National Guard weather helicopter for the graduation ceremony. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Wolfe stated that he would like to remove Item No. 6 for further discussion. MOTION by Councilmember Billings to approve the proposed consent agenda with the amendment to the minutes of the City Council meeting of June 26, 2000, and with the exception of Item No. 6. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meetin� of June 26, 2000 Councilmember Bolkcom stated that the neighborhood commuter rail meeting was listed in the minutes as being on August 3, but it is actually August 2. Councilmember Barnette asked what time that meeting was. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2000 PAGE 3 Councilmember Bolkcom stated that it is at 7:00 p.m. Mayor Jorgenson stated that it will be held at Fridley High School in the gymnasium. NEW BUSINESS: 1. VARIANCE REQUEST, VAR #00-15, BY VISION WOODWORKING, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 8 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION, GENERALLY LOCATED AT 7890 HICKORY STREET N.E. (WARD 3): Mr. Burns, City Manager, stated that the matter was heard and approved unanimously by the Appeals Commission at their June 28 meeting. Staff recommended Council's approval. APPROVED VARIANCE REQUEST, VAR #00-15. 2. SPECIAL USE PERMIT REQUEST, SP #00-05, BY HOWARD R. TAPPE, JR., TO ALLOW A SECOND ACCESSORY STRUCTURE IN EXCESS OF 240 SQUARE FEET, GENERALLY LOCATED AT 7601 EAST RIVER ROAD N.E. (WARD 3): Mr. Burns, City Manager, stated that the petitioner wishes to build a new accessory building that will be used for storage of vehicles. The e�sting garage and shed together with the proposed accessory building are less than the ma�mum square feet. Staff recommended approval with seven stipulations. The Planning Commission unanimously concurred with staff's recommendation at their April 19 meeting. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT, SP #00-05 WITH THE FOLLOWING STIPULATIONS: 1) PETITIONER SHALL INSTALL CODE REQUIRED HARD SURFACE DRIVEWAY, 2) ALL NECESSARY PERMITS SHALL BE OBTAINED FROM THE CITY PRIOR TO CONSTRUCTION, 3) THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION; 4) ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY; 5) TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET; 6) THE SIDING AND ROOF MATERIALS SHALL MATCH THE EXTERIOR OF THE EXISTING HOME; AND 7) IF HOME IS TO BE MODIFIED IN ANY WAY, PETITIONER MUST OBTAIN VARIANCE TO RECOGNIZE THE EXISTING SIDE YARD SETBACK NON-CONFORMITY (10 INCH SETBACK REQUIRED FOR LIVING AREA, EXISTING HOME HAS ONLY 6.17 INCH). 3. RESOLUTION NO. ??-2000 APPROVING A PLAT, PS #00-01, (TALIA'S TOWNHOMES), BY TIMOTHY JAWOR, TO REPLAT PROPERTY FOR THE PURPOSE OF CREATING SEVEN LOTS TO ALLOW THE CONSTRUCTION FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2000 PAGE 4 OF SIX OWNER OCCUPIED TOWNHOME UNITS, GENERALLY LOCATED AT 7411 UNIVERSITY AVENUE (WARD 1): Mr. Burns, City Manager, stated that staffrecommended Council's approval. APPROVED RESOLUTION APPROVING A PLAT, P.S. #00-01 BY TIMOTHY JAWOR WITH THE FOLLOWING STIPULATONS: 1) A GRADING AND DRAINAGE PLAN SHALL BE SUBMITTED AND APPROVED BY THE CITY'S ENGINEERING STAFF PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; 2) THE PARKING LOT SHALL BE CONSTRUCTED TO CODE STANDARDS; 3) THE AMOUNT OF BRICK USED ON THE BUILDING SHALL RESEMBLE ORIGINAL OPTION B AS SUBMITTED ON MARCH 31, 2000; 4) A CODE REQUIRED FENCE SHALL BE EXTENDED ALONG THE ENTIRE EAST SIDE OF THE PROPERTY; 5) ALL ELEMENTS OF THE BUILDING MUST MEET THE CURRENT BUILDING CODE AND BE APPROVED BY THE CITY BUILDING OFFICIAL; 6) SCREENING BERM ON WEST SIDE OF PROPERTY MSUT MEET THE ZONING CODE REQUIREMENT FOR HEIGHT; 7) THE PETITIONER SHALL SUBMIT A UTILITY PLAN PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; 8) THE PETITIONER SHALL PAY APPLICABLE PARK DEDICATION FEES OF $750 PER UNIT PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT; 9) FINAL LANDSCAPE PLAN MUST MEET CODE REQUIREMENTS FORNUMBER OF AND SIZES OF PLANTINGS AND MUST BE APPROVED BY CITY STAFF PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; 10) ALL GREEN SPACE MUST HAVE IRRIGATION INSTALLED AND BE SPRINKLED; 110 THE PROPOSED WALKWAY SHALL BE CONCRETE; 12) A 12 FOOT UTILITY AND DRAINAGE EASEMENT SHALL BE GRANTED ALONG THE ENTIRE EASTERN EDGE OF THE PROPERTY PRIOR TO FINAL PLAT; 13) A 10 FOOT UTILITY AND DRAINAGE EASEMENT SHALL BE GRANTED ALONG THE ENTIRE SOUTHERN EDGE OF THE PROPERTY PRIOR TO FINAL PLAT; 14) A STORM POND MAINTENANCE AGREEMENT SHALL BE FILED WITH THE CITY PRIOR TO ISSUANCE OF A BUILDING PERMIT; AND 15) THE PETITIONER SHALL COMPLY WITH ALL STATE REGULATIONS REGARDING TOWNHOME ASSOCIATIONS. 4. APPROVE COMPREHENSIVE SIGN PLAN FOR MEDTRONIC, INC.'S CORPORATE HEADQUARTERS (WARD 1): Mr. Burns, City Manager, stated that Medtronic has submitted drawings indicating that there would be two wall-mounted signs and additional directional signage for Phase I of their world headquarters project. Both signs would be 5.5 feet high by 28 inches long. They would be internally lit and finished in blue. One sign would be on the neurological building. The other would be at the entrance to the project. Directional signs would comply with the City's requirement that they have an area of four square feet or less. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2000 PAGE 5 APPROVED COMPREHENSIVE SIGN PLAN FOR MEDTRONIC, INC.'S CORPORATE HEADQUARTERS. 5. APPROVE AMENDMENT TO COMPREHENSIVE SIGN PLAN FOR MOON PLAZA (6201-6269 UNIVERSITY AVENUE N.E.) (WARD 1): Mr. Burns, City Manager, stated that the owners of Moon Plaza are requesting that their sign plan be amended to reflect the signs that are there. The panels are 42 inches by 218 inches rather than 36 inches by 192 inches as contained in their comprehensive sign plan that was approved by Council in 1991. Since the existing panels are within code required sizes, Staffrecommended Council's approval. APPROVED AMENDMENT TO COMPREHENSIVE SIGN PLAN FOR MOON PLAZA WITH THE FOLLOWING STIPULATIONS: 1) ALL BUSINESSES IN BUILDING SHALL OBTAIN SIGN PERMITS PRIOR TO ANY MODIFICATIONS OR REPLACEMENT OF EXISTING SIGNS; 2) NO OFF PREMISES SIGNS ALLOWED, AS PER SIGN CODE, AND 3) ALL TEMPORARY SIGNS MUST MEET SETBACK REQUIREMENTS AND NO SIGNS SHALL BE PLACED IN THE BOULEVARD (PUBLIC RIGHT-OF-WAY). 6. APPROVE CONTRACT BETWEEN THE CITY OF FRIDLEY AND HOISINGTON KOEGLER GROUP, INC, FOR PLANNING SERVICES PERTAINING TO THE PROPOSED NORTHSTAR COMMUTER RAIL SITE IN FRIDLEY: Mr. Burns, City Manager, stated that the contract is for consultant services that will be needed by the City as it seeks to implement a station/park and ride site planning and public hearing process for the North Star commuter rail project. The consultant's services will include issue research and meeting facilitation. The meeting schedule includes a meeting of residents and business representatives from the area where the proposed station and park and ride sites are to be located. Mr. Burns stated that the meeting is scheduled for Wednesday, August 2, 2000 at the Fridley Community Center Cafeteria. The Planning Commission will also address proposed comprehensive plan amendments for the commuter rail station and park and ride facilities at their August 16 meeting. The consultant will facilitate the meeting on August 2 and be available for a presentation at the August 16 Planning Commission meeting. He will also assist staff in preparation for these meeting. The contract for services provides for an amount not to exceed $6,000 for these services. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED AFTER ITEM NUMBER 14 OF THE AGENDA LISTED AS ITEM NUMBER 14.B. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2000 PAGE 6 7. RECEIVE BIDS AND AWARD CONTRACT FOR RICE CREEK BANK STABILIZATION PROJECT NO. 333: Mr. Burns, City Manager, stated that bids for this year's Rice Creek Bank Stabilization Project were opened on June 29. Staff opened six bids. The low bidder was W.B. Miller at $61,840. Half of this amount is to be funded by the Rice Creek Watershed District. The remaining half of the project cost is to be split evenly between the City and benefiting residents. The City's share is $15,460. In 1999, $28,000 was budgeted and has been encumbered for this project. Staff recommended that Council award the bid to W.B. Miller in the amount of $61,840. RECEIVED BIDS AND AWARDED CONTRACT FOR RICE CREEK BANK STABILIZATION PROJECT NUMBER 333. 8. APPROVE CHANGE ORDER NO. 3 TO STREET IMPROVEMENT PROJECT NO. ST. 2000 - 1: Mr. Burns, City Manager, stated that change order #3 is for $1,650. It is for the restoration of the University Avenue East Service Drive boulevard. Materials used include mulch, seed, and disk anchoring instead of sod. Staff recommended Council's approval. APPROVED CHANGE ORDER NO. 3 TO STREET IMPROVEMENT PROJECT NO. ST. 2000 - 1. 9. CLAIMS: APPROVED CLAIM NOS. 94137 THRUOGH 94316. 10. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 11. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Prosecuting Attorney for the Month of April, 2000 $ 17,594.00 Services Rendered for the Month of May, 2000 $ 459.00 FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2000 PAGE 7 Frederic W. Knaak Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of June, 2000 W.B. Miller, Inc. 6701 Norris Lake Road Elk River, NIN 55330 2000 Street Improvement Project No. ST. 2000 - 1 Estimate No. 2 ADOPTION OF AGENDA: $113,407.43 MOTION by Councilmember Billings to adopt the agenda with the addition of Item No. 6 placed before Informal Status Reports listed as 14.b. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: No persons in the audience spoke. PUBLIC HEARING: 12. RECONSIDERATION OF SPECIAL USE PERMIT, SP #94-18, FOR SINCLAIR SERVICE GARAGE, GENERALLY LOCATED AT 6290 HIGHWAY 65 N.E. (TABLED APRIL 10, 2000) (WARD ??): MOTION by Councilmember Bolkcom to remove this item from the table and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:50 P.M. Mr. Hickok, Planning Coordinator, stated that there was discussion of the Sinclair site and concern over the stipulations. Subsequent to that meeting, staff met with the operator of the site and also with Sinclair corporate representatives. Staff went through each item on the special use permit and discussed the stipulations. There was an agreement about what would happen with each one of these stipulations. The first stipulation was that there would be a fenced screened area behind the building. The screened fence would be eight feet in height and have a board on board design with an opaque gate according to the approved plan. Used tires, the dumpster, and the waste oil tanks and so forth should be placed within this storage area. The screened storage FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2000 PAGE 8 area is on the west side of the facility. The screened area was built and through miscommunication they built a chain link fence with screening slats. It meets the intent of the ordinance; however, they failed to see the specifics in the wood. Mr. Hickok stated that the second stipulation states that no junk vehicles shall be stored on site. Mr. Preciado, Operator of Sinclair, has agreed to monitor closely and maintain the site so that stipulation is adhered to. The third stipulation is that vehicles leaking fluid shall not be stored outside without a device to prevent fluid from running off the site. Mr. Preciado has agreed to monitor and maintain the compliance of that stipulation. The fourth stipulation states that signage shall comply with Chapter 214 of the City Code. Sinclair's signage does meet that section. The fifth stipulation states that alterations to the site shall comply with the uniform fire and building codes. The property meets those standards. The si�th stipulation states that the petitioner shall provide on site additional landscaping areas by the concrete as indicated on the improvement plan. The landscaped area shall included seed or sod, three ornamental trees and shrub beds with evergreen and deciduous shrubs. Landscape shall be completed on or before December 31, 1998. Sinclair has agreed to have the landscaping done by August 15 of this year to comply. Mr. Hickok stated that the seventh stipulation is that there shall be no vehicle storage outside the screened area except for licensed motor vehicles, which are parked in designated parking stalls provided that they are not parked there for more than 48 continuous hours. Mr. Preciado agreed that he would monitor and maintain consistency with that stipulation. The eighth stipulation was that the drive aisle shall be reduced to 32 feet and shall be completed on or before December 1 of 1998. Their analysis on the tanks revealed that they did not need new tanks and they lost the rest of that stipulation. The code requires a 32 foot drive maximum at the curb. Mr. Haukaas is working with them to have the curb improvements made that will put nice rounded end caps on the landscaped area on the front of the pumps and will provide that standard 32 foot width. They will do that during this year as coordinated with the public works staff and the concrete crew. The cost will be entirely for Sinclair. Stipulation No. 9 states that in the event that this structure is remodeled so the overhead doors are located other than on the east side of the building the special use permit shall be reviewed again. This is not applicable at this time, however they agreed that if that happens certainly they would come back. Mr. Hickok stated that the tenth stipulation states that if additional parking areas are designated above and beyond what is shown on the submitted plan City staff must approve the parking areas. Mr. Preciado has indicated that he will do that parking in the very near future. He will ask staff if there is an opportunity to bring in at least two more stalls. Mr. Preciado has indicated that he will not allow people to park outside of the striped area. The eleventh stipulation states that time improvements to stipulations number six and eight are started, petitioner shall submit a performance bond of $5,000 to cover those. That would carry through the year 2001 to make sure the landscape improvements stay vital and plants live and the site looks good. The irrigation to those landscaped areas will happen at a time they refinish their curb and gutter. Mr. Preciado, operator of the Sinclair site, stated that he would like to ask if he could add parking. He would like to angle the north and south parking and run about three more that go FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2000 PAGE 9 east and west and add a handicapped spot right ne�t to the building ne�t to a non-handicapped spot. Mr. Hickok stated that he does not think that should be an issue. As long as the east and west traffic can get in and out the parking should be fine. Mr. Preciado stated that it still provides enough space to circle the structure. Ms. Bolkcom asked Mr. Hickok if he could get back to Mr. Preciado before he actually adds the parking. Mr. Hickok stated that he would. Mayor Jorgenson thanked Mr. Preciado for working with staff. She thought it came out to be a win-win situation. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:02 P.M. 13. MOTION TO RECONSIDER SPECIAL USE PERMIT, SP #94-18, FOR SINCLAIR SERVICE GARAGE, GENERALLY LOCATED AT 6290 HIGHWAY 65 N.E. (WARD ??): Mr. Hickok, Planning Coordinator, stated that based on the activity and efforts of Sinclair and its operator, staff recommend that Council allow continuance of the special use permit with the modifications outlined in the previous presentation. Mayor Jorgenson asked if that was with the stipulations placed on it. Mr. Hickok stated that was correct. There were eleven stipulations which responses have been received. Councilmember Bolkcom asked if they are the original stipulations. She asked if staff did not adding or delete any stipulations. Mr. Hickok stated that they were the original stipulations. MOTION by Councilmember Wolfe to allow continuance of the special use permit, SP #94-18, for Sinclair Service Garage. sconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY WITH THE FOLLOWING STIPULATIONS: 1) A FENCED SCREENING AREA AT THE REAR OF THE BUILDING SHALL BE FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2000 PAGE 10 CREATED. THE SCREENING FENCE WILL BE 8 FEET HIGH IN HEIGHT, BOARD ON BOARD DESIGN, WITH OPAQUE GATE (ACCORDING TO AN APPROVED PLAN). USED TIRES, THE DUMPSTER, AND THE WASTE OIL TANK SHALL BE STORED WITHIN THE STORAGE AREA; 2) NO JUNK VEHICLES SHALL BE STORED ON SIDE; 3) VEHICLES LEAKING FLUID SHALL NOT BE STORED OUTSIDE WITHOUT A DEVICE TO PREVENT FLUID FROM RUNNING OFF SITE; 4) THE SIGNAGE SHALL COMPLY WITH CHAPTER 214 OF THE CITY CODE; 5) ALTERATIONS TO THE SITE SHALL COMCPLY WITH THE UBC AND UFC; 6) THE PETITIONER ON-SITE SHALL PROVIDE ADDITIONAL LANDSCAPED AREAS LINED WITH CONCRETE CURB AS INDICATED ON THE IMPROVEMENT PLAN. THE LANDSCAPED AREAS SHALL INCLUDE UNDERGROUND IRRIGATION. THE LANDSCAPED AREAS SHALL INCLUDE SEED OR SOD, THREE ORNAMENTAL TREES AND SHRUB BEDS WITH EVERGREEN AND DECIDIOUS SHURBS. LANDSCAPE SHALL BE COMPLETED ON OR BEFORE DECEMBER 31, 1998 OR AT THE TIME OF THE INSTALLATION OF UNDERGROUND TANKS, WHICHEVER OCCURS FIRST; 7) THERE SHALL NOT BE ANY OUTDOOR STORAGE OUTSIDE OF THE SCREENED YARD AREA EXCEPT FOR LICENSED MOTOR VEHICLES, WHICH ARE PARKED IN DESIGNATED PARKING STALLS PROVIDED THEY ARE NOT PARKED OUTDOORS FOR MORE THAN 48 CONTINUOUS HOURS; 8) THE DRIVE AISLES SHALL BE REDUCED TO 32 FEET, AND SHALL BE COMPLETED ON OR BEFORE DECEMBER 31, 1998 OR AT THE TIME OF THE INSTALLATION OF THE UNDERGROUND TANKS, WHICHEVER OCCURS FIRST; 9) IN THE EVENT THAT THE STRUCTURE IS REMODELED SO THAT THE OVERHEAD DOORS ARE LOCATED OTHER THAN ON THE EAST SIDE OF THE BUILDING, THE SPECIAL USE PERMIT SHALL BE REVIEWEDIO) IF ADDITIONAL PARKING AREAS ARE DESIGNATED ABOVE AND BEYOND WHAT IS SHOWN ON THE SUBMITTED PLAN, CITY STAFF IN ACCORDANCE WITH THE ORDINANCE MUST APPROVE THESE PARKING AREAS; 11) AT THE TIME THE IMPROVEMENTS IN STIPULATION NOS. 6 AND 8 ARE STARTED, THE PETITIONER SHALL SUBMIT A PERFORMANCE BOND OF $5,000 TO COVER THEM. 14. VARIANCE REQUEST, VAR #00-10, BY WOODCREST BAPTIST CHURCH, TO INCREASE THE ALLOWABLE SQUARE FOOTAGE OF AN INSTITUTIONAL SIGN, GENERALLY LOCATED AT 6875 UNIVERSITY AVENUE N.E.: Mr. Hickok, Planning Coordinator, stated that Woodcrest Baptist Church was seeking to increase the size of the free-standing institutional sign from 32 square feet to 70 square feet. The church is located at 6875 University Avenue and currently does not utilize a free-standing sign. Chapter 214 of the City Code requires an institutional sign to not exceed 32 square feet in size. The petitioner's statement of hardship is "The sign that is too small to read would create safety problems if people were to slow down to read the sign." Code requirements for sign variance approval has two criteria. The first is that exceptional or e�traordinary circumstances applicable to the property or the intended use that does not apply generally to other properties in the vicinity or district. The sign code is enforced uniformly across the City, and no churches currently have FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2000 PAGE 11 institutional signs in excess of 32 square feet. The ne� criteria states that for the variance it is necessary for the preservation and enjoyment of the substantial property rights possessed by other properties in the same vicinity and district, but which is denied the property in question. Larger than code signs are not a right possessed by others in the vicinity. Mr. Hickok stated that the petitioner has additional wall sign opportunities. Any larger than code signs along this stretch of University are for multi-tenant properties with unique hardships. Texaco/Taco Bell asked for a larger sign and were denied. A multi-tenant building up the road further asked for a larger sign and was denied. Historically, the City has approved variances when a combination of two signs for the price of one such as Bob's Produce or Lyndale Garden Center and chose to combine the signs and have one sign in an optimum location. They combined their signs and reduced their overall square foot dimension they could have from 160 to 120 square feet. Mr. Hickok stated that there is no real hardship here. There are no topographic constraints that would produce a statutory hardship. The granting of the variance would not be materially detrimental to the public health, safety, or general welfare or detrimental to the property vicinity. A sign would give this church a commercial look in a residential district. Granting would set a precedent for increasing the sign size for all places of worship in residential areas. The Appeals Commission reviewed this and determined that Woodcrest Baptist Church was originally seeking to increase the size of the free-standing sign from 32 square feet to 70 square feet but then revised their request to 48 square feet. The Appeals Commission indicated that there is a lack of hardship and a sign this size would be inconsistent in a residential district. The neighbor's objections and precedence that would be set, the Appeals Commission voted to recommend denial of any variance request that would exceed 32 square feet ma�mum size. Staff recommended denial due to no statutory defined hardship, and no comparable variances have been granted. The property is zoned residential and this would set a precedence for increasing sign size for all places of worship in residentially zoned districts. The property has good visibility from University Avenue, and the Appeals Commission found no hardship. (incomplete sentence?) Councilmember Billings stated that when staff makes recommendations for approval or stipulations to include the language of the sign code so variances do not last in perpetuity but meet the requirements of the sign code for changes. This was discussed e�tensively at the Appeals Commission. MOTION by Councilmember Billings to deny variance #00-10. Seconded by Councilmember Bolkcom. Mayor 7orgenson asked if there was a petition from the neighbors regarding this sign. Mr. Hickok stated that it was only verbal commentary indicating folks were not impressed with having a sign that size in a residential district. There was teleophone commentary regarding the opposition to this request. Mayor Jorgenson asked if this is based on hearsay basically. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2000 PAGE 12 Mr. Hickok stated that folks sometimes would rather call staff to voice their opinions rather than attend an Appeals meeting. Staff felt that it was important for residents to voice their opinion during the meetings. Mr. Hickok believed there were two telephone comments. Mayor Jorgenson asked for a vote on the motion. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 14B. APPROVE CONTRACT BETWEEN THE CITY OF FRIDLEY AND HOISINGTON KOEGLER GROUP, INC, FOR PLANNING SERVICES PERTAINING TO THE PROPOSED NORTHSTAR COMMUTER RAIL SITE IN FRIDLEY: Councilmember Wolfe asked that if the Metropolitan Council and the Northstar Corridor the commuter rail is such a good idea, why would the City spend $6,000 rather than those two organizations. Mr. Burns stated that he thought the organizations needed a few more steps in the process. This question will be discussed in the public meeting. Councilmember Wolfe stated that Metropolitan Council and the Northstar Corridor are the ones who think this is the best idea and are all for it. Mr. Burns stated that they are the ones that did the planning study and the project to raise money from federal, state, and other sources. Councilmember Billings stated that he does not think it would be totally inappropriate for the City Council to indicate to the Northstar Corridor Development Authority that there are certain processes and procedures in terms of communications with the citizens. The City requires almost all applicants for rezoning and whatnot to go through and encourage all developers to have public meetings. It would be appropriate to send a letter requesting reimbursement from the Northstar Corridor Development Authority for the cost of this contract. He would be in support of tabling this if the time constraints were not so critical. MOTION by Councilmember Barnette to approve the contract between the City of Fridley and Hoisington Koegler Group, Inc., for planning services pertaining to the proposed Northstar Commuter Rail site in Fridley for the amount of $6,000. Seconded by Councilmember Bolkcom. Councilmember Bolkcom stated that she wants to make sure that people realize this is not a done deal. She said Council wants to know what residents concerns. That is why neighborhood meetings are held. All residents are invited to attend whether or not they receive notices. These meetings are to give information about the traffic issues, what it would look like, and what other communities that have commuter rail look like. There are a lot of unknowns, but Council would like to start informing residents and the business community. This is a consultant that has FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2000 PAGE 13 worked on the vision teams and comprehensive plan. Council is familiar with how he conducts meeting. The company also has a good understanding of the comprehensive plan. Councilmember Billings stated that Council is asking the Northstar Corridor Development Authority to do more than make presentations. Council is asking them to have the public meeting ahead of time and to make their presentation to the Planning Commission, then make the presentation to the City Council. There are a lot more issues for Fridley than there are in Big Lake or some of the cities along the route where the stations are going to an undeveloped neighborhood. There are other issues that need to be brought out. Councilmember Bolkcom took the lead on requesting them to make multiple presentations to Fridley. This is fair to ask those organizations to pay the cost of the meetings even though we are asking them to hold the meetings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe to approve the resolution that City of Fridley request funding from the Northstar Corridor Development Authority and the Metropolitan Council to conduct all the necessary public hearings. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. INFORMAL STATUS REPORTS: Mayor Jorgenson stated that she attended a retirement luncheon for Dick Larson. He served on the Fire Department for over thirty years, was responsible for the hazardous material program, and provided numerous hours of training for fire safety. She said he will be missed. Mr. Burns stated that a meeting is scheduled for Tuesday afternoon, July 11 for the public regarding Northern States Power clearcutting the trees around the Starlite Boulevard neighborhood. Councilmember Bolkcom stated that she and Councilmember Billings talked with an NSP representative in St. Cloud about the issues with the trees which is how the idea for this meeting got started. Councilmember Billings stated that he has had conversations previously with the office of the President of NSP. This meeting intends to explore possible options and if a remedy e�sts. Mayor Jorgenson commended Councilmember Billings for contacting NSP. Councilmember Bolkcom asked if Council could see an example of the new Medtronic sign possibly at the ne�t meeting. Mr. Hickok stated that the sign is a very elegant sign. One sign is on the building face closest to I-694 and almost looks like a signature on the building as opposed to a big monstrous sign. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2000 PAGE 14 Along the drive coming into the development that divides the two wetland areas, there is a retaining wall on the backside of the wet areas that has the Medtronic sign. It is high enough that it will not be affected by the pond elevations and low enough to reflect the word Medtronic off the pond as you are driving into it. Mr. Burns stated that they could have the signs shown at the ne�t meeting. Mr. Hickok stated that he could do that. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE JULY 10, 2000, CITY COUNCIL MEETING ADJOURNED AT 8:30 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor