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03/24/2003 - 00025247MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 24, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:33 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, and Councilmember Wolfe. MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Fritz Knaack, City Attorney PRESENTATION OF PLAQUE TO FIRE CHIEF: Mayor Lund presented a plaque to former Fire Chief Chuck McKusick Mr. McKusick worked for the City for over 34 years, from December 1, 1968, through March 21, 2003. He congratulated him on his many years of service. Mr. McKusick thanked the Mayor. Mr. Denny Fredrickson, Ace Solid Waste, presented a check in the amount of $830 to the City of Fridley for the parks in the City. He said Ace Solid Waste liked to give something back to the communities they worked in. Ace contributed $5 per new customer. Mayor Lund thanked Mr. Fredrickson and Ace Solid Waste for the check. He said it would be used for replacement of picnic tables and benches needed at various City parks. APPROVAL OF MINUTES: City Council Meeting of February 24, 2003. APPROVED. City Council Meeting of March 3, 2003. APPROVED. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 2 OLD BUSINESS: 1. ORDINANCE NO. 1173 AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE AMENDING THE MEMBERSHIP OF THE PLANNING COMMISSION. Dr. Burns, City Manager, stated this ordinance amended the membership of the Planning Commission from two at-large members to three. The first reading was held on March 3. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1173 ON SECOND READING AND ORDERED PUBLICATION. 2. ORDINANCE NO. 1174 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #03-01, BY MICHAEL JUAIRE, TO REZONE PROPERTY FROM M-1, LIGHT INDUSTRIAL, TO R-3, GENERAL MULTIPLE UNITS, GENERALLY LOCATED AT 1152 NORTON AVENUE N.E.) (WARD 2). Dr. Burns, City Manager, stated the petitioner, Michael Juaire, was asking for the rezoning in order to build an 8-unit apartment building at this location. The public hearing and the first reading for this action were heard at Council's March 3 meeting. Staff recommended approval of the second and final reading of this ordinance with the following 21 stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other e�ternal building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 3 9. Six-inch watermain to be looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are property capped or removed. 21. A Development Agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1174 ON SECOND READING AND ORDERED PUBLICATION. 3. ORDINANCE NO. 1175 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED IN THE RIGHT-OF-WAY SOUTH OF 5541 FIFTH STREET N.E. (WARD 1). Dr. Burns, City Manager, stated the 3,385.1 square foot parcel would be sold to Sylvester Builders Incorporated for $1 per foot. The property was once owned by MnDOT and FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 4 considered part of the I-694 right-of-way. It was later returned back to the City. Since the property by itself was not buildable, staff recommended that it be declared surplus and sold subject to the following conditions: 1. Purchaser cover all filing fees associated with transaction. 2. Purchaser provide a guarantee of clean title. 3. Parcel be combined with Purchaser's existing property. 4. Purchaser prepare a quit claim deed. 5. Purchaser provide the new legal description of the property to the City. 6. City must approve architectural elevations of any buildings to be constructed on the combination of lots prior to issuance of any building permits. 7. The sale shall be effective by July 1, 2003. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1175 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 5, 2003. RECEIVED. 5. RESOLUTION NO. 16-2003 REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL USE. Dr. Burns, City Manager, stated the City was requesting the release of funds to support its 2003 street reconstruction project. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 16-2003. 6. RECEIVE BIDS AND AWARD CONTRACT FOR THE 2003 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 351. Dr. Burns, City Manager, stated the low bid was submitted by Creative Curb of Watkins, Minnesota, in the amount of $73,387.50. The project included remedial sidewalk repair, repair of concrete streets, and replacement of concrete curb due to utility repairs or driveway entrance permits. Staff recommended that Council receive the bids and award the contract for the 2003 Miscellaneous Concrete Repair Project No. 351 to the low bidder, Creative Curb. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 5 REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. APPROVE CONTRACT BETWEEN THE CITY OF FRIDLEY AND SEH FOR THE COMPLETION OF DESIGN DOCUMENTS FOR THE TH 65 CAUSEWAY PROJECT. Dr. Burns, City Manager, stated the City's consultant, SEH, had been working with MnDOT on the design for the TH65 Causeway Project for appro�mately two years. In the process of working with MnDOT, the scope of the project had gone far beyond the original intent. In order to complete the design work for the project, SEH needed another $250,000. Since the completion of the design work was necessary for federal and state construction funding and the amount was reimbursable from the City's municipal state aid construction account without affecting the amount available for the neighborhood street reconstruction program, staff recommended Council's approval of this contract amendment. APPROVED. 8. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MORRELL ENTERPRISES FOR YARD WASTE TRANSFER SERVICES. Dr. Burns, City Manager, stated this was the e�tension of an agreement first approved in 1999. The agreement and cost proposed was the same as 2002. The total cost for this service was about $4,086 per year. Staff recommended Council's approval. REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. SET A PUBLIC HEARING FOR APRIL 14, 2003, TO CONSIDER THE RENEWAL OF THE INTOXICATING LIQUOR LICENSE FOR MN SEAN CO., DB/A SEAN' S GRILL AND PUB, GENERALLY LOCATED AT 8298 UNIVERSITY AVENUE N.E. (WARD 3). SET A PUBLIC HEARING DATE FOR APRIL 14, 2003. 10. APPROVE REAPPOINTMENTS TO FRIDLEY CITY COMMISSIONS. Dr. Burns, City Manager, stated the commission members whose terms expire this year have indicated a desire to serve an additional term. Staff recommended Council's approval of the reappointments. APPROVED. 11. APPOINTMENT — CITY EMPLOYEE. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 6 Dr. Burns, City Manager, stated this was a motion to appoint John Berg as the new Fridley Fire Chief. John has been the Assistant Fire Chief since June of 2000. He has been a full-time Fridley firefighter since 1994 and a firefighter since 1984. He has an Associate of Science Degree in aviation electronics from NEI College. His other credentials include an Associate of Science Degree from North Hennepin Community College in respiratory therapy. He also has various certifications including EMT, hazardous materials, and Firefighter III. In view of his accomplishments and his demonstrated leadership as Assistant Fire Chief, staff recommended his appointment as Fridley's 6th fire chief. APPOINTED JOHN BERG AS FRIDLEY FIRE CHIEF. 12. CLAIMS. AUTHORIZED PAYMENT OF CLAIM NOS. 110364 THROUGH 110670. 13. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item 8 be removed to the regular agenda. Councilmember Billings asked that Item 6 be removed to the regular agenda. MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of Items 6 and 8 to the regular agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the additions of Items 6 and 8 from the consent agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING: FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 7 14. CONSIDERATION OF THE 62ND WAY EXTENSION PROJECT NO. ST. 2003-2. MOTION BY Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:50 P.M. Attorney Knaak, City Attorney, stated that one of the subject properties in this project was currently involved in litigation related to this issue. As a result, they recommended that the hearing be continued until such time as the litigation was resolved. The hearing should be opened subsequently after appropriate public notice was made. He said that one of the other property owners requested that further proceedings be delayed. He said staff recommended that the hearing in this matter be continued indefinitely. MOTION by Councilmember Bolkcom to receive into the record a fax received on March 20, 2003, from Mr. Richard Harris. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to continue the public hearing for the 62"d Way E�tension Project No. ST. 2003-2 per the recommendation of the City Attorney. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 15. RESOLUTION NO. 17-2003 ORDERING FINAL PLANS AND SPECIFI- CATIONS AND ESTIMATES OF COSTS THEREOF: MARIAN HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2003-1. Mr. Haukaas, Public Works Director, stated the resolution ordered finalization of construction plans for the 2003 neighborhood street reconstruction project in Marian Hills. One outstanding issue they would like to resolve was a proposal to realign the intersection of 52"d Avenue and Taylor Street. He said they recommend that it be realigned into a"S" shape intersection. It would improve the intersection. He said since it was in the proposed construction project area, now was the time to make the changes. Dr. Burns, City Manager, said the major issue was approval of the final plans and specifications. Mr. Haukaas replied that it was. He said they would like some direction so they can finalize the plans. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 8 Councilmember Billings stated he was not aware that this was going to be part of this agenda item. Earlier, he spoke to a resident of the neighborhood and said he was not aware of anything on the agenda regarding this matter. He said if this was crucial to adopt the resolution, he would recommend tabling this matter until there was an opportunity to have a meeting with the affected property owners in the neighborhood. Councilmember Billings said that with respect to the resolution, Item 2 near the bottom the of resolution said "That the following work be incorporated in the 2003 street improvement project as ST. 2003-1." There was nothing after that sentence Mr. Haukaas said the sentence should read, "That the preceding work ...." Item 1 listed the individual items that would be involved. Councilmember Billings asked if they could approve the resolution without having the 52"a Avenue intersection matter resolved. Mr. Haukaas said they could move forward with the resolution. The resolution directed them to develop the final plans. The issue would need to be resolved prior to approval of the final plans at a future meeting. Councilmember Billings stated it was his understanding that a mailing was sent to the four property owners, and they are split two and two on this issue. He said he knew staff had been working with the residents. He said he did not realize this issue was going to be on the agenda. Councilmember Barnette asked why the neighbors were opposed to the project. Mr. Haukaas stated they sent a mailings to approximately 8 to 12 residents in the area and they had conversations with four to six of them. With respect to the two residents opposed to the project, one was north of 52"d Avenue on Taylor Street and she felt that this intersection in its current configuration slowed down the traffic. She though any realignment would make it a speedway. The other resident had some concerns with that but understood the City's position. He would actually end up getting about an additional 30 feet of driveway that he was not real happy about having. The residents implied that they would be at the meeting and therefore, he was ready to bring this to Council. He said they could order final preparation of the plans and this issue could be taken care of prior to approval of the final plans. Councilmember Bolkcom stated she was not at the public hearing on this matter, but she did review the tape from the meeting, and there was no discussion about this at all. She said she was concerned that they are ordering final plans when this has not been resolved. She said she had some questions. She did not remember seeing the letter that was sent. Mr. Haukaas replied this issue came up after the neighborhood meeting. It was similar to what was done in Edgewater Gardens last year. He said they took the same approach. They sent information to the immediate intersection area to get their input and proceeded along those lines. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 9 Councilmember Bolkcom said she had concerns about how that was handled. She said some resident would be getting an additional driveway. She asked who would be responsible for paying to put that driveway in. Mr. Haukaas said they would be install that driveway as part of the driveway connection. He said a whole realignment meant a new base and new curbs. If they are going to do this, they feel this is the time. This was not an issue at the neighborhood meeting. It came up since the meeting. Mayor Lund asked if anyone from the neighborhood of the project was in the audience. Councilmember Wolfe asked if the neighbors who live in the southwest corner of the cul-de-sac would be getting about 30 more feet added to their front yards. Mr. Haukaas said they would. Councilmember Wolfe said they would be taking away property from the apartment complex. Mr. Haukaas said the property was owned by the City. Councilmember Wolfe said there were no stop signs for the people going east and west. Mr. Haukaas replied that there would be. He said there would be a three-way stop. He said with the apartment driveway, it would effectively be a four-way stop. MOTION by Councilmember Billings to adopt Resolution No. 17-2003 and to make the following change: "2. That the preceding work be incorporated in the 2003 street improvement project as ST. 2003-1." Councilmember Bolkcom asked how this will be resolved and if there would be any delays. Mr. Haukaas said they would continue to work on the overall project. There may be a delay of two weeks to a month. If they move immediately on this matter, however, the delay should be minimized. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. PRELIMINARY PLAT REQUEST, PS #03-02, BY TED THEILMANN, TO REPLAT PROPERTY TO CREATE 8 SINGLE FAMILY LOTS, GENERALLY LOCATED AT 1540 RICE CREEK ROAD N.E. (WARD 2) Mayor Lund stated this was a preliminary plat request, PS #03-02, by Ted Theilmann to replat property to create 8 single-family lots, generally located at 1540 Rice Creek Road. Mr. Hickok, Community Development Director, stated the existing home was built prior to 1949 and the existing garage was constructed in 1962. Both of these buildings will be removed to FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 10 accommodate the creation of eight single-family lots. Fridley City Code required that the lots, R-1, Single-Family District, have a minimum lot area of 9,000 square feet. The lots will exceed the minimum lot area requirements. Fridley City Code also required that the lots in the R-1 district be a minimum of 75 feet in width at the required front yard setback. He said that allowing this development would provide additional home ownership opportunities for Fridley residents or people wanting to move to this area. The Comprehensive Plan stated that future redevelopments should plan for densities to match the surrounding development patterns. Redevelopment of this property into eight single-family lots would meet that criteria. Mr. Hickok said that 1540 was a large lot. There was also the question of when Woodside Court would be connected. He said the plat would include the connection of Woodside Court which would allow for a more efficient snowplowing system by reducing the amount of time that was required to clear the street of snow. A connection of the street would also complete the transportation system and water system in the neighborhood. Mr. Hickok said the subdivision ordinance states that if the Planning Commission or City Council, upon finding any regulations or requirements of the Code that cannot be met by a particular subdivision, may grant approval of a plat request with minor variances. Recognizing minor Code deficiencies through the platting process is not intended to set precedence for future variance requests. The Planning Commission reviewed this and recommended approval with stipulations. He said staff recommended concurrence with the Planning Commission. Mayor Lund said it appeared that this would be a challenging site because of the elevations for storm water runoff. He asked what staff planned to do. Mr. Haukaas, Public Works Director, replied that he looked at the site and the Planning Commission meeting minutes also. He said as the drainage system was set up in that area, it would need to drain from the west to the east, basically right through a hill without the addition of an additional storm sewer. In order to do that without some very significant retaining walls, most of the hill would have to go. Mayor Lund asked what the finished hill would look like. Mr. Haukaas said that they had not seen the final grading plans yet. One of the stipulations required that they be reviewed and approved by staff. They will also need agreement of the property owners. Councilmember Wolfe asked about the landscaping at 1541. Mr. Haukaas said the work was done in the public right-of-way. He said it was the City's property. By approving the plans and allowing the development to proceed, the City was giving the developer the authority to reconstruct that area. Councilmember Wolfe if they would need to get rid of a lot of trees. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 11 Mr. Haukaas said when he watched the Planning Commission meeting, the general feeling he got was that the neighborhood was okay with that because they knew the hill had to go. Mayor Lund recalled from the discussion at the Planning Commission, that there were some agreements to keep the residents advised as to the grading plan so they would have input and that the developer would work with those residents. Mr. Haukaas said there was an excellent effort on behalf of the developer to inventory the trees and try to save them whenever possible Mr. John Johnson, Director of Engineering for Metro Land Surveying and Engineering, stated that he would answer any questions. Mayor Lund asked if there were any questions from Council. Councilmember Wolfe commented that if Council moved to approve this, there was still a lot more work left. Mr. Ron Larson, 6221 Rice Creek Drive N.E., asked about the 13th stipulation that was adopted at the Planning Commission meeting. He said he wanted to make sure it was included. Mayor Lund stated he would list the stipulation during the motion. Mr. Larson asked who would be responsible for paying for the street e�tension Mr. Hickok replied it was anticipated that the road connection would be made a part of the development as a cost to the developer. MOTION by Councilmember Wolfe to approve the Preliminary Plat PS #03-02, Ted Theilmann, with the following thirteen stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any outdoor storage on site shall be removed prior to granting of final plat. 3. Regular maintenance of the site to be done by the developer until the homes are built. 4. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are property capped or removed. 6. During construction, silt fencing shall be used where applicable. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 12 7. The petitioner shall provide easements as required by Section 211.07.21 of the City Code. 8. The petitioner to pay $1,500 per lot park fees prior to issuance of building permits. 9. The petitioner shall be responsible for the installation of sewer and water service connections from property line to existing City utilities. Plan to be approved by City's engineering department. 10. The petitioner shall agree to preserve mature trees to the e�tent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 11. The petitioner shall work with existing contours of the land and preserve existing slopes to the e�ent possible. 12. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 13. The petitioner shall hold a meeting with the neighborhood to go over the grading and drainage plans prior to issuance of building permit. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. VARIANCE REQUEST, VAR #03-05, BY BRIAN BONA, TO REDUCE THE SETBACK FROM AN ADJACENT RESIDENTIAL DISTRICT FROM 50 FEET TO 10 FEET TO ALLOW FOR THE CONSTRUCTION OF A CAR WASH, GENERALLY LOCATED AT 5311 UNIVERSITY AVENUE (WARD 1). Mr. Hickok, Community Development Director, stated the petitioner was seeking a setback to allow the construction of a new 16-foot car wash 5311 University Avenue N.E. In his hardship statement, Mr. Bona stated, "1. The existing car wash requires use of the alley to negotiate the entrance. The proposed car wash will eliminate this need. 2. Existing car wash door faces residential neighborhood, directing noise from blower (drier) directly at residents. Proposed car wash will have drier mounted at exit directing noise at 53rd Avenue and adjacent commercial property. 3. There is no other suitable location on this property. It will not fit anywhere else, without disrupting traffic flow." Mr. Hickok said the property was zoned C-2 General Business and was located at the corner of 53rd and University Avenue. In 1959 the service station was constructed and the existing car wash was added in 1978. In 1994 a variance was granted to allow the reduction of setback from an adjacent residential district from 50 feet to 19 feet to allow for the construction of a 12 foot by 15 foot storage addition. City Code required that any commercial buildings in the C-2 district be set back 50 feet from an adjacent residential district. The petitioner proposed to convert the FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 13 existing car wash into storage and construct a new car wash on the east side of the existing building. Mr. Bona was requesting a variance to reduce the setback from an adjacent residential district from 50 feet to 10 feet. Mr. Hickok said the existing car wash used an old brush-type system. The new car wash would be a modern, up-to-date touchless system. Customers would enter along the north side of the building and exit on the south side. The car wash doors will be facing away from the residential district. The drier will also be located on the south side of the building facing 53rd Avenue. Mr. Hickok said that staff received a follow-up letter on March 19 from a neighbor who had written a letter before the Appeals Commission that addressed his concerns about the location of the proposed car wash and drainage issues. The follow-up letter had a petition with 19 signatures from neighboring property owners who were against the variance. MOTION by Councilmember Billings to receive the letters dated March 4 and March 19, 2003, and the petition from the residents in the area. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok said the Appeals Commission heard testimony. He said staff had no recommendation since this variance request was within previously granted dimensions. On a three to one vote, the Appeals Commission recommended approval of the variance request with nine stipulations. If the variance is granted, staff recommended approval of the nine stipulations. Mr. Bona, 5311 University Avenue N.E., stated that the present car wash was outdated and dangerous. Councilmember Billings stated in 1988 they issued a variance to reduce the setback from 50 feet to 10 for the construction of a storage shed. Mr. Hickok stated from what he understood, they had gone down from 50 feet to 19 feet. He said he believed the storage shed was on a different site. Councilmember Bolkcom stated it was on 5351 Central Avenue. She thought a storage shed was different than a car wash. She said she also had a couple of concerns. One was about the traffic and lights. She also wondered about water in the street. Councilmember Wolfe asked if the car wash would be programmed. Mr. Bona replied it would be semi-automatic. There would not be an attendant at the car wash to hand dry cars. Councilmember Wolfe asked why Mr. Bona was switching. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 14 Mr. Bona replied the modern equipment would not fit in a 32-foot bay which is what they have right now. They could not e�tend the existing bay due to the problem they have with the opening in the fence. Councilmember Bolkcom asked if there was any other place on the property to locate the car wash. Mr. Bona replied there was not. Not without disrupting traffic. They want to be able to stack the cars on their property and avoid congestion in the streets. Councilmember Bolkcom asked if they would be open from 7 a.m. to 9 p.m. and if they would be open on Sundays. Mr. Bona replied they would be open on Sundays. Councilmember Bolkcom asked so the 7 a.m. to 9 p.m. was for seven days per week under the stipulations. Mr. Hickok said they were. Mayor Lund asked why the car wash could not be e�tended toward University Avenue. Mr. Bona replied said they would still have a problem with exiting with a larger vehicle. Councilmember Wolfe stated that there were a lot of people in the area who did not want the car wash. Mr. Bona said he was really surprised because he did his own informal polling, and that was not the kind of feedback he was getting. Mr. Keith Rodgers, 5370 Fourth Street N.E., he lived well away from the car wash. He said the last time he was here for the e�tension on this property, Mr. Bona said he would replace the big trees that had to be torn down. He replaced them with much smaller trees. There are also weeds growing on the property. They did promise bigger trees when they cut the big pines down. No one has checked out the whole property. He said the variances were there for a reason. Mr. Thomas Zandlo, 5334 Fourth Street N.E., said he and his wife wrote the letters and got the petition going. He said he wanted to read the definition of "variance" as it applied to them. "An official permit to do something normally forbidden by regulations, especially by building in a way or for a purpose normally forbidden by a zoning law or building code." He said he would like to present the original petition to the City Council. According to their calculations, the data on these maps showed that the average annual daily traffic at 53rd and University Avenue was 5100 cars per day, at 57th and University it was 4,200 cars per day, and at 49th and University it was 4,700 cars per day. He presented the information to the City Council. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 15 MOTION by Councilmember Billings to receive the traffic patterns information prepared by the Minnesota Department of Transportation from Mr. Thomas Zandlo. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTIONS CARRIED UNANIMOUSLY. Mr. Zandlo asked how increased car exhaust would help pollution levels in the immediate area. He said a car wash would increase traffic and congestion in the area. Councilmember Billings said that Mr. Zandlo mentioned 5300 and 5310, but did not mention 5320. Mr. Zandlo said that it was a rental unit. He said he was more interested in people who owned their own homes. Mayor Lund said that Mr. Zandlo felt that the car wash would be a major detriment. Councilmember Bolkcom asked if most people would go to this car wash after they have had work done on their automobiles. She asked if the attraction was that people would use the car wash more because it was now a touchless car wash. Mr. Zandlo said that anything new and improved would attract more people. Councilmember Billings asked Mr. Haukaas if from an engineering standpoint it was better to have cars entering 53rd Avenue 100 feet or so away from the traffic light or right at the intersection where the traffic light was. Mr. Haukaas said that generally they try to get any entrances as far away from signalized intersections as possible to allow for as much stacking as possible. Councilmember Billings stated that further north on University Avenue there is the SuperAmerica Station, the Rapid Oil site, and the Sinclair station. The actual services drives are behind the first set of properties just to accomplish that feat. Mr. Haukaas replied that he was correct. Councilmember Billings said that this would be more in line with the type of traffic patterns that they try to establish for streets adjacent to University Avenue. Mr. Haukaas agreed. Councilmember Bolkcom asked how close the driveway would be to the traffic signal in this case. Mr. Haukaas said the driveway was about 120 or 130 feet away from the intersection. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 16 Mayor Lund asked how many entrances there were to get into his site from 53rd Avenue. Mr. Bona said there were two. Mayor Lund asked if there was one closer to the west side and one closer to the east side of his properties. Mr. Bona agreed and said that most commonly cars will exit out of the curb cut directly in front of the exit onto the service road. Councilmember Billings asked when traffic was heavy, do some of the cars try to zigzag through the existing site to try and get to the driveway that is further away from University Avenue. Mr. Bona replied that he could not say it had been a big issue, but he supposed it did happen from time to time. Mayor Lund asked if Mr. Bona had ever considered expansion of the existing car wash. Mr. Bona replied he had, but there would still be a tight fit and it would block the traffic flow across both of the buildings. Mayor Lund asked if it was cheaper to expand the existing building to expand the new technology for the car wash, or was it more expensive to build the building Mr. Bona was proposing. Mr. Bona replied his proposal was much more expensive. Councilmember Bolkcom asked if there was any other service station car wash that was in close proximity to a residential area. Mr. Hickok replied Riverside Car Wash. Mr. Bona stated they had talked much about noise. He gave a spec sheet to City staff regarding the noise levels from the new equipment. The noise level of the new equipment would be 65 decibels. The equipment he had now created 90 decibels. Councilmember Billings asked Mr. Hickok about Stipulation No. 8 that restricted the hours of operation. Mr. Hickok replied they use the same standards for other power equipment in residential districts. They felt this was an appropriate match. Councilmember Billings asked Mr. Bona if he had any objection to Stipulation No. 8. Mr. Bona said it sounded reasonable. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 17 Councilmember Billings asked if there were doors on both the front and back of the proposed car wash. Mr. Bona replied, yes. Councilmember Billings asked if it was similar to other touchless washes in that once you got inside the door would close. Mr. Bona replied that it was. Councilmember Billings stated he noticed in reading the minutes of the Appeals Commission that there was some discussion about lights shining on adjacent properties. He asked what kind of fencing would be used immediately east of the string of cars. Mr. Bona replied they discussed that at the Planning Commission meeting, and they made a design change. He said they would still maintain the continuity of the remainder of the fence, but it would block the headlights. Councilmember Billings asked if Mr. Bona's proposal was to put up some type of shielding to prevent the lights from shining directly on the property located at 5310. Mr. Bona agreed. Councilmember Bolkcom stated her biggest concern was with the variance and the reduction in what they normally have for setback. Councilmember Billings asked if this was the former Amoco Standard station. Mr. Hickok said it was. Councilmember Billings asked if he had any idea when the building was actually built. Mr. Bona replied 1959. Councilmember Billings asked if Mr. Hickok had any idea what the zoning codes required at that time. Mr. Hickok replied that actually went back to a time when their zoning was really more of a strict commercial zoning along the corridors. Councilmember Billings asked how far the building was from the east property line. Mr. Bona replied 19 feet. Councilmember Billings asked if the 12-foot alley counted in the 50-foot setback FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 18 Mr. Hickok replied it did not. Councilmember Billings stated, so the requirement then is 50 feet from the edge of the property and right now he said it was at 19 feet. He asked if there was currently a structure on the east side of the building. Mr. Bona replied it is a storage pod. Councilmember Billings asked if the car wash would be where the storage pod was currently Mr. Bona replied, no, not exactly. Councilmember Billings stated, he was speaking about the relationship between the east property line. He said the car wash would be the full length of the building but the pod was sitting near the northern end of the building and the east edge of the pod was then approximately 11 feet from the property line and the car wash was going to be about 10 feet from the property line. Mr. Bona said it would not. He said that they were not seeing the addition on any of the drawings. He said there was a block addition that was put on the building and this pod is pretty much in line with that. The right edge of the storage pod was approximately 19 feet from the lot line. So, they would be consuming another 9 feet. Councilmember Billings stated he thought it was a decision that had to do with the vitality of the City, and the City cannot exist with nothing but residential property or strictly commercial property. He said he thought this particular business operator had shown an ability to get along with the City of Fridley and with a majority of the adjacent neighbors up until the variance request. He said he had not heard any objections from the neighbors in area about Mr. Bona. As a matter of fact, the majority of those he had spoken to told him what an asset he had been to that particular neighborhood. He said that the people who are objecting, who have signed the petition, are not adjacent to this particular piece of property but adjacent to the property Mr. Bona owns north of this particular site and others lived on the east side of Fourth Street with houses between them and this particular property. He said he thought it would be more of an enhancement to the traffic situation than it would be a detriment. He thought it was an improvement to the neighborhood in general. Councilmember Wolfe said it was usually up to the person asking for a variance to prove a hardship. He asked if a hardship had been proven. MOTION by Councilmember Billings to approve the Variance Request, VAR #0305, with nine stipulations as follows: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The proposed car wash shall be architecturally compatible with the existing building and finished with complementary building materials, staff to review and approve final elevations. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 19 3. No outdoor storage shall be permitted on site, all existing outdoor storage, including the storage pod shall be removed upon completion of the proposed car wash. 4. Site shall not be used to display cars for sale or storage of trucks for rent. 5. Proposed car wash shall comply with the City noise ordinance requirements. 6. A speed bump or something similar to be installed on the heated exit pad of car wash to aid in removing water from vehicle frames, etc., prior to vehicles entering 53rd Avenue. Final design and location to be reviewed and approved by City staff. 7. All lighting shall be shielded, downcast and may not exceed 3-foot candles of light intensity at the property line. 8. Car wash hours of operation to be restricted to 7:00 a.m. to 9:00 p.m. 9. Existing gap in fence to be filled in, in order to reduce the shine of headlights on neighboring residential properties. UPON A VOICE VOTE, COUNCILMEMBER BARNETTE AND COUNCILMEMBER BILLINGS VOTING AYE; MAYOR LUND, COUNCILMEMBER WOLFE AND COUNCILMEMEBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED BY A 3 TO 2 VOTE. 6. RECEIVE BIDS AND AWARD CONTRACT FOR THE 2003 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 351 Councilmember Billings asked who had the 2002 contract. Mr. Haukaas replied the 2002 contract was awarded to Ron Kaasa Construction. Councilmember Billings noted their bid was $200 higher than the recommended award to Creative Curb. He asked about Creative Curb. Mr. Haukaas stated Creative Curb had done work in the metro area and privately around the northwest metro. He had not received any negative comments about the company. Councilmember Billings asked if there was a provision in the contract that they pay prevailing wages. Mr. Haukaas said there was. MOTION by Councilmember Wolfe to receive the bids and award the contract for the 2003 Miscellaneous Concrete Repair Project No. 351 to Creative Curb in the amount of $73,387.50. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 20 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTIONS CARRIED UNANIMOUSLY. 8. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MORRELL ENTERPRISES FOR YARD WASTE TRANSFER SERVICES. Councilmember Bolkcom she understood that was for a name change. She asked about the agreement and if the City Attorney had seen it. Mr. Hickok commented that it was the same agreement they have had in the past, with the exception of the name change. Dr. Burns replied there was no change from 2002 and 2003 in price. They began contracting with this company in 1999. There has been a slight increase in the per trip cost since then, but the proposed contract was the same as last year's contract. MOTION by Councilmember Bolkcom to approve the agreement for yard waste transfer services with Morrell Enterprises. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTIONS CARRIED UNANIMOUSLY. 18. INFORMAL STATUS REPORTS Mayor Lund reminded residents that there would be a canned food collection for SACA Mr. Haukaas stated Public Works had begun their initial spring round of sweeping and they should get the majority of the sweeping done within the ne�t 6 to 9 days. Dr. Burns stated that after the meeting he would like to discuss budget adjustment goals and assumptions with Council. He would also like to discuss changes that Anoka County has for their Housing and Redevelopment Authority. MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MARCH 24, 2003, CITY COUNCIL MEETING ADJOURNED AT 10:08 P.M. Respectfully submitted, Denise M. Letendre Scott J. Lund Recording Secretary Mayor