04/08/1996 - 00001985�
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
APRIL 8, 1996
The Regular Meeting of the Fridley City Council was called to
order at 7:55 p.m. by Mayor Nee after the meeting of the Board of
Review.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and the audienae in the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ASSENT:
PROCLAMATION•
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings and Councilwoman Bolkcom
Councilman Schneider
DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST:
APRIL 14-21, 1996:
Mr. Burns, City Manager, read this proclamation proclaiming the
week of April 14 through 21, 1996 as Days of Remembrance of the
Victims of the Holocaust.
Mayor Nee issued this proclamation and stated that in memory of
those victims we, as citizens of the City, should collectively
and individually strive to overcome bigotry, hatred and
indifference through learning, tolerance and remembrance.
APPROVAL OF MINUTES:
COUNCIL MEETING, MARCH 18, 1996:
MOTION by Councilwoman Bolkcom to approve
presented. Seconded by Councilwoman Jorgenson
vote, all voting aye, Mayor Nee declared the
unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
the minutes as
. Upon a voice
motion carried
2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH 6, 1996•
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH 6, 1996.
� FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 2
3. ESTABLISH A PUBLIC HEARING FOR APRIL 22, 1996, FOR AN
ORDINANCE AMENDMENT TO LIMIT HARD SURFACE DRIVEWAY OR
PARKING STALL SURFACE MATERIAL TO NO MORE THAN 30 PERCENT OF
THE CALCULATED FRONT YARD AREA IN R-1 AND R-2 DISTRICTS:
SET PUBLIC HEARING FOR APRIL 22, 1996.
4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH 20, 1996:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH 20, 1996.
5. SPECIAL USE PERMIT REOUEST, SP #96-01. BY RONALD AND JANET
ZACZKOWSKI, TO ALLOW A SECONDARY ACCESSORY BUILDING IN
EXCESS OF 240 SQUARE FEET, GENERALLY LOCATED AT 314 HUGO
STREET N.E. (WARD 3):
Mr. Burns, City Manager, stated that this is a request for a
special use permit to allow a second accessory building at
314 Hugo Street. He stated that the petitioner is proposing
to construct a 22 foot by 36 foot attached garage and to
keep the existing 12 by 24 foot tuck-under garage. He
� stated that the tuck-under garage will be used for storage
of the family car, and the proposed attached garage is to be
used for storage of a second car, a boat, and a hobby shop.
Mr. Burns stated that in the past, the City has allowed two
garages and two driveways.
Mr. Burns stated that the Planning Commission voted
unanimously to approve this request, and staff also
recommends approval with the stipulation that the existing 8
foot by 10 foot utility shed and an off-street parking place
be removed within one year of the construction of the new
garage.
APPROVED SPECIAL USE PERMIT, SP #96-01, WITH THE STIPULATION
THAT THE EXISTING 8 FOOT BY 10 FOOT UTILITY SHED AND AN OFF-
STREET PARKING PLACE BE REMOVED WITHIN ONE YEAR OF THE
CONSTRUCTION FROM THE NEW GARAGE.
6. RESOLUTION NO. 27-1996 APPROVING A SUBDIVISION. LOT SPLIT,
L.S. #96-01, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS
GENERALLY LOCATED AT 276-78 58TH AVENUE N.E. BY VALLEY
INVESTMENT COMPANY) {WARD 3):
Mr. Burns, City Manager, stated that this lot split will
create two lots; Lot A which will be 77 by 135 feet or
� 10,406 square feet, and Lot B which will be 65 by 134.9 feet
or 8,839 square feet. He stated that Lot B will be non-
conforming in that its width will be less than the required
80 feet, and its area will be less than the required 9,000
� FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 3
square feet. He stated that the lot split will also have
the impact of officially redesignating the front and rear
yards of the duplex which now fronts on Third Street.
Mr. Burns stated that, currently, the duplex has a non-
conforming rear yard of only 14 feet instead of the required
35.61 feet. He stated that if the lot split is approved,
the 58th Avenue side of the property will become the front
yard, and the new front yard will measure only 14 feet
instead of the required 35 feet. He stated that, in
essence, the lot split has the effect of swapping non-
conformities for the duplex. He stated the garage that now
serves the southern most half of the duplex will be moved to
Lot A, and a driveway will be constructed along the west
side of the duplex to serve the relocated garage.
Mr. Burns stated that the newly created Lot B is being sold
for development of a new single family home that must be
built within a 42.94 foot by 66.18 foot area or 2,841.77
square feet. He stated that the lot split was unanimously
approved by the Planning Commission subject to the following
stipulations: (1) the petitioner acknowledges that the
City's action creates a non-conforming front yard setback
� for the existing duplex; (2) if the petitioner fails to
obtain a building permit within twelve months and a
certificate of occupancy within eighteen months after
approval of the lot split, then the petitioner shall remove
the garage on Lot B; (3) the petitioner acknowledges that
Lot B has a long, narrow buildable area and shall design a
house to fit that area; and (4) the petltioner shall provide
adequate parking for the duplex.
Mr. Burns stated that there were no ob7ections raised by
surrounding neighbors, and staff recommends Counczl approval
with the four stipulations.
ADOPTED RESOLUTION NO. 27-1996 WITH THE ABOVE FOUR
STIPULATIONS ATTACHED AS EXHIBIT A.
7. ESTABLISHING A PUBLIC HEARING FOR APRIL 22, 1996, ON A
VACATION REOUEST, SAV #96-01. BY IMPERIAL HOMES. INC., TO
VACATE A DRAINAGE AND UTILITY EASEMENT, GENERALLY LOCATED AT
1435 ROYAL OAK COURT N.E. (WARD 2):
SET THE PUBLIC HEARING ON THIS VACATION REQUEST, SAV #96-01
FOR APRIL 2�, 1996.
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FRTDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 4
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APPROVE CHANGE ORDER NO. 4 TO LOCKE LAKE DAM RECONSTRUCTION
PROJECT NO. 211•
Mr. Burns, City Manager, stated that in finalizing the
payment of the Locke Lake dam, staff recognized that
additional rebar was used in construction of the dam. He
stated that although the additional rebar was not included
in the original design, it was agreed to jointly by the
contractor, Lunda Construction Company, and the City's
consulting engineer, Ayres & Associates, at the time of
construction. Altogether 7,493 additional pounds of steel
was installed, raising the value of the steel from $25,300
to $29,421.15 or by $4,121.15. He stated that staff
recommends approval of the change order to Lunda Con-
struction Company in the amount of $4,121.15 for the Locke
Lake Dam reconstruction.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
RESOLUTION NO. 25-1996 AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE GENERAL FUND FOR THE FIRST OUARTER OF 1996:
� Mr. Burns, City Manager stated that the ad�ustments have
arisen as a result of unforeseen expenditures, donations,
and reclass�fication o£ line items. He stated that all of
the General Fund adjustments ($4,950) are covered by
donations from community organizations, particularly the
Fridley Lions Club, who contributed $4,500 for constructlon
of a decontamination area at our main fire station.
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Mr. Burns stated that this resolution also covers $25,000 in
expenditures for investigation of a fuel oil leak from one
of two fuel oil tanks located between the main Municipal
Center and the Police Department garages. He stated that
thus far we have spent about $9,000 for the services of an
environmental consultant, Bruce A. Liesch and Associates,
and expect to spend up to $25,000 in 1996. He stated that
ninety percent of the City's costs are recoverable from
Petro Funds.
ADOPTED RESOLUTION NO. 28-1996.
CLAIMS•
AUTHORIZED PAYMENT OF CLAIM NOS. 67194 THROUGH 67553.
LICENSES:
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK`S OFFICE.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 5
12. ESTIMATES:
APPROVED THE ESTIMATES, AS FOLLOWS:
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard, N.W.
Coon Rapids, MN 55435-5489
Services Rendered as City Attorney
for the Month of March, 1996 ...
Frederic W. Knaak, Esq.
Holstad and Larson, P.L.C.
3535 Vadnals Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
for the Month of March, 1996 ...
Schield Construction Company
13604 Ferris Avenue South
Apple Valley, MN 55124
Stonybrook Creek Bank Stabilization
Pro�ect No. 246
Estimate No. 2 . . . . . . . . . .
$
$
1,135.34
4,250.00
$108,085.89
No persons in the audience spoke regarding the proposed consent
agenda items.
Councilwoman Bolkcom requested that Item 8 be removed from the
consent agenda.
MOTION by Councilwoman Jorgenson to approve the consent agenda
items, with the exception of Item 8. Seconded by Councilwoman
Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilwoman Jorgenson to adopt the agenda with the
addition oP Item 8 from the consent agenda. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
� Mr. Michael LaFave, 640 Dover Street, stated that he was at this
meeting because of an article in the spring newsletter by
Councilman Schneider with regard to prevailing wages. He stated
that he finds prevailing wages a very good tool and is not here
� FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 6
to debate the pros and cons. He stated he felt that there is
some misinformation regarding prevailing wages for the
development of the Southwest Quadrant of University Avenue and
Mississippi Street, as the article states that prevailing wage is
based on union scale. He questioned what union scale was.
Mr. LaFave stated that he represents the Sheet Metal Workers,
Local 10, and they have many workers in the City employed at
various businesses. He stated that union scale depends on the
industry, the market, and levels of experience. He stated that
he felt this article slights members of organized labor. He
stated that most of their members are in the middle class
category, and to say this is based on union scale and that the
cost impact of the project is about $500,000 over scale is
offensive.
Mr. LaFave stated that in discussing prevailing wages with the
Minnesota Department of Labor and Industry, prevailing wages are
determined by a survey process and based on the most common wage
in the area. He stated that in this case, it would be Anoka
County, and the survey process is done for each individual trade.
He stated that he would challenge Councilman Schneider to bring
forth any information that prevailing wages are based on union
� scale. He stated that in the United States, 71 percent of
prevailing wage determinations were based on non-union wages. He
stated that in many counties 1n the state, prevailing wages are
below building trade wages.
Mr. LaFave said the article further states that the likely
outcome is that the City will modify the prevailing wage require-
ment to exempt residential developments. He questioned if this
has been done.
Councilman Billings stated that there was a resolution before
Council that was adopted by a three to two vote.
Mr. LaFave stated he understands that Councilwoman Jorgenson and
Councilman Billings voted to keep the prevailing wage requirement
and Mayor Nee, Councllman Schneider, and Councilwoman Bolkcom
voted to eliminate it. He stated he understands that prevailing
wages no longer exist in the City.
Mr. LaFave stated that the southwest quadrant project came about
because of inadequate housing and the type of problems in this
area. He finds it ironic that the City, because of this pro�ect,
uses prevailing wages as a tool to lower the wages of people in
Anoka County and the City. He stated that he finds this
unacceptable.
� Mr. LaFave requested that Council correct the misinformation in
the newsletter. He stated that there is no way prevailing wages
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FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 7
are based on union scale, and he felt that this was an insult to
the workers employed in the businesses in the City.
Councilman Billings stated that he did not believe there were any
real delays in the Southwest Quadrant pro7ect created by the fact
that the City had a prevailing wage resolution. He felt that any
slowdown in negotiations with the developer was probably based on
the fact that the chosen developer was the only developer of
single family housing that did not pay prevailing wages. He
stated that the other developers that built single family housing
did pay prevailing wages to their workers, but they were not
chosen by a vote of the Housing and Redevelopment Authority and
the Council. He stated that the homes built by contractors that
pay prevailing wages are as competitively priced as the homes
built by Rottlund. He stated that by paying prevailing wages, it
does not necessarily increase the cost of the project.
Mr. LaFave stated the article mentloned that resldential con-
tractors do not pay prevailing wages to their employees. He
stated that he believed Rottlund does not pay prevailing wages
because they have no workers that do the construction. He stated
that they sub-contract their work out. That is used as a tool to
not pay worker's compensation and other benefits that are due
employees in this state.
Councilwoman Bolkcom asked if Rottlund stated that most builders
do not pay prevailing wages on residential construction.
Ms. Dacy stated that what was said was that the home construction
industry is primarily non-union, but some could pay prevailing
wage rates. She stated that in the development agreement with
Rottlund, despite the repeal of the resolution, there is a
requirement that Rottlund comply with all the state insurance and
tax rate issues for their contractors and sub-contractors. She
stated there is language that addresses the original issue, which
was in the resolution adopted six years ago, that if Rottlund
uses out of state contractors, or if twenty percent or more of
the employees come from out of state, they do have to pay
prevailing wages.
Councilwoman Bolkcom stated that the Southwest Quadrant was not
developed to get rid of any certain types of persons in the City.
She stated that it was an area of redevelopment, and there were
apartment buildings that needed to be torn down.
Mr. LaFave stated that the apartments had become low income
housing and the buildings were in bad shape. He stated that by
repealing prevailing wage, the City is not looking for standards
for the City. He stated that good workers are being punished
when the City repeals prevailing wages.
� FRIDLEY CITY COUNCIL MEETING OF APRIL S. 1996 PAGE 8
Mayor Nee stated that he did not believe the City was repealing
prevailing wages, as it is generally understood, as further
requirements were adopted.
Mr. LaFave stated he understands that prevailing wages in the
City have been eliminated.
Councilwoman Jorgenson stated that there is no longer any re-
quirement for the payment of prevailing wages when City funds are
involved.
Mr. LaFave stated that this means the City will not do business
with any contractors in the City because they pay prevailing
wages. He stated that the prevailing wage laws in the City have
been completely watered down as far as City funds.
Mayor Nee advised Mr. LaFave that he was sure Councilman
Schneider will review his remarks and take them very seriously.
NEW BUSINESS:
13. RESOLUTION NO. 29-1996 ADOPTING FINDINGS OF FACT
ESTABLISHING THAT A NEW ENVIRONMENTAL ASSESSMENT WORKSHEET
� IS NOT REQUIRED FOR LAKE POINTE OFFICE PARK AND RELATED
TRUNK HIGHWAY 65/WEST MOORE LAKE DRIVE/CENTRAL AVENIIE
INTERSECTION IMPROVEMENTS:
Ms. Dacy, Community Development Director, stated that this reso-
lution establishes that the findings of fact of a new
environmental assessment worksheet (EAW) is not required in this
matter. She stated that the City can determine if a new EAW is
required. She stated if the City finds that one is not required,
then the City needs to establish findings of fact that such a
document is not required.
Ms. Dacy stated that ten years ago, the City reviewed the work-
sheet prepared by the developer and found it was sufficient and
that an environmental impact statement would not need to be
completed. She stated that last fall, the Housing and Redevelop-
ment Authority hired Linda Fisher of Larkin, Hoffman, Daly &
Lindgren to coordinate the environmental review permit processes.
She stated that Jim Benshoof and Associates was hired to complete
the traffic, air and noise analysis required for the indirect
source permit application.
Ms. Dacy stated that MEPC entered into a contract for exclusive
negotiations with the HRA to develop the site and has submitted a
master plan. She stated that there is a substantial amount of
� documentation that there have been no significant changes in the
last ten years. She stated that the proposed development is less
intensive than what was proposed ten years ago.
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FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 9
Ms. Dacy stated that a neighborhood meeting has been scheduled,
and the Planning Commission, the HRA, and the City Council will
review the master plan in May and June prior to review of the
plat and zoning.
Ms. Linda Fisher, of Larkin, Hoffman, Daly & Lindgren, stated
that she was asked by the HRA to assist them with the environmen-
tal law to determine if an EAW is needed. She stated that the
City was taking a very pro-active approach and put together a
team of consultants necessary to address two primary state law
issues. She stated that one issue was whether a new environmen-
tal review was necessary. The other issue was to obtain a new
indirect source permit and that formal application process would
begin for a new air quality permit.
Ms. Fisher stated that the resolution before Council basically
documents that the preparation of a new EAW is not required under
state law. She stated that there has not been a substantial
change in the pro�ect or site area and that such a change. If it
had occurred, it does not affect the potential for adverse
environmental effects. She stated that City staff did a very
professional and thorough job, taking their role under state law
seriously. She stated that the calculations were compared to the
1986 pro7ect as opposed to MEPC's proposed pro�ect. She stated
that changes in the surrounding area were evaluated and the HRA
retained a consultant to conduct traffic, noise, and wetland
studies.
Ms. Fisher stated that with respect to traffic, air quality, and
noise, those studies are very conservative. She stated that they
are less intense than what was originally proposed in 1986. She
stated that even under the worse case scenario, noise, traffic,
and water quality was within the limits. She stated that she
supports staff's recommendation that a new EAW would not be
required for this site which contain very detailed findings.
Councilwoman Jorgenson stated that the project area is primarily
west of Highway 65, and she was concerned about the West Moore
Lake Drive and Central Avenue intersection. She stated that the
traffic analysis indicates that in 1999, without the Lake Pointe
development, the Old Central/Hackmann Avenues intersection shows
3,320 vehicles per day going through that area. She stated that
with the Lake Pointe development, there would be 5,750 vehicles
per day. She stated that in the year 2008, the traffic
projections are 3,600 vehicles per day, without the Lake Pointe
development; and 8,270 vehicles per day vehicles with the Lake
Pointe development. 5he stated that her concern is for persons
on the east side of the highway and how they are going to get
out.
Ms. Dacy stated that the information from the consultant on an
estimate of the traffic is 9,650 vehicles in 1999 and, with the
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FRIDLEY CITY COUNCIL MEETING OF APRIL 8. 1996 PAGE 10
Lake Pointe development, it would increase to 10,140 vehicles.
She stated that with improvement of the intersection, the level
of service will improve from an F to a D. She stated that for
the year 2008, the existing 9,650 vehicles would increase to
11,630 vehicles with the Lake Pointe development. She stated
that if the Lake Pointe development did not occur, the traffic
pro�ections are 10,830 vehicles.
Councilwoman Jorgenson asked why there is such an increase in the
traffic.
Ms. Dacy stated that applies to the west leg of the intersection
and does not apply to Hackmann Avenue. She stated that the
improvements to the intersection are essential and affects both
areas east and west of Highway 65.
Councilwoman Jorgenson asked if there would be two left turn
lanes and one lane to proceed straight ahead at Highway 65 if a
person is proceeding west on Old Central Avenue.
Ms. Dacy stated that this is correct.
Councilwoman Jorgenson questioned how traffic coming off I-694
and going northbound on Highway 65 would be handled.
Ms. Dacy stated that this will be reviewed with the Minnesota
Department of Transportation to modify the exit ramp from west-
bound I-694 to northbound Highway 65 to provide traffic signal
control at the intersection of the ramp and northbound Highway
65.
Councilwoman Jorgenson stated that an ISTEA grant of $1.5 million
was received, and the changes probably would not be funded until
1999.
Ms. Dacy stated that staff will be evaluating if the improvements
should be completed prior to the funding being available and
requesting reimbursement at a later date. She stated that a
report would be sent to Council on this issue.
Ms. Fisher stated that from a legal standpoint and in terms of
the findings, they are looking at whether there has been a sub-
stantial change that would affect the facts. She stated that
when the initial traffic analysis was done in 1986, the
intersection was identified as near capacity. She stated that
ten years ago and today, there continues to be a problem at that
intersection. She stated that, in 1986, the EAW identified a
need to improve the intersection, on both the east and the west
sides, to accommodate full development of Lake Pointe and traffic
growth in the area. A conceptual design was also proposed. She
stated that the updated traffic study confirmed that and will
identify the need for the improvement. She stated that a
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FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 11
question Council will be addressing is the timetable for con-
struction of that intersection.
Councilman Billings pointed out that on Page 3, paragraph 1,
lines 2 and 4 of this resolution, the year 1996 should be changed
to 1986.
MOTION by Councilman Billings to adopt Resolution No. 29-1996.
Seconded by Councilwoman Bolkcom.
MOTION by Councilman Billings to amend Page 3 of this resolution
as follows: in paragraph 1, line 2, the second "1996" should be
changed to "1986" and in line 4, "March 17, 1996" should be
changed to "March 17, 1986."
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
UPON A VOICE VOTE ON THE MAIN MOTION, all voted aye, and Mayor
Nee declared the motion carried unanimously.
14. VARIANCE REQUEST, VAR #96-02, BY CORINNE JESPERSEN AND JANET
PALMER TO REDUCE THE REAR YARD SETBACK FROM 27 FEET TO 26
� FEET AND TO INCREASE THE ENCROACHMENT OF A DECK IN THE REAR
YARD FROM 10 FEET TO 12 FEET, GENERALLY LOCATED AT 6496/98
RIVERVIEW TERRACE N.E. (WARD 3):
Mr. Hickok, Planning Coordinator, stated that this was a request
for two variances, one for a rear yard setback and the other to
increase the encroachment of a deck in the rear yard. He stated
that when the home was constructed in 1979, it was built closer
to the rear lot line at 26 feet, rather than 27 feet. He stated
that staff has no recommendation on this one foot variance, and
it is within previously granted requests.
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Mr. Hickok stated that in regard to the variance for encroachment
of a deck in the rear yard from 10 feet to 12 feet, staff is
recommending denial, as the petitioner can reduce the width of
the deck to comply. He stated that when the deck is constructed,
the petitioner can reduce the size of the deck to the required
ten foot width by removing the two foot cantilever.
Mr. Hickok stated that the Appeals Commission recommended
approval of the variances with stipulations. He stated that the
petitioner submitted letters from three homeowners who are in
agreement with the variances.
Councilwoman Bolkcom stated that the deck was constructed without
a permit, and if the variance was approved there are some issues
with the railing and actual footing,
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FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 12
Mr. Hickok stated that the Chief Building Official has outlined a
number of items that need to be addressed, and one is the
footings which should not be part of the concrete slab. He
stated that because a permit was not issued, there was no
inspection by the City.
Mr. Hickcock stated that because of the existing porch, it is
difficult to determine how the deck was affixed to the home.
Ms. Corinne Jespersen, the petitioner, stated that there was a
tiny deck on the home when she purchased it. She stated that her
son-in-law built the deck without even considering permits or
variances.
Councilwoman Jorgenson felt that it was an improvement to the
property over what existed.
MOTION by Councilwoman Bolkcom to grant Variance Request, VAR
�96-02, with the following stipulations: (1) the petitioner
shall apply for and receive a building permit; (2) the deck and
footings shall be inspected; (3) changes shall be made to the
deck so that it complies with the Uniform Building code; and (4)
the screen porch shall be removed. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
15. VARIANCE REOUEST, VAR #96-06, BY CORINNE JESPERSEN AND SANET
PALMER. TO REDUCE THE REAR YARD SETBACK FROM 27 FEET TO 15
FEET, GENERALLY LOCATED AT 6496-98 RIVERVIEW TERRACE N.E.
(WARD 3):
Mr. Hickok, Planning Coordinator, stated that this is a request
for a variance to reduce the rear yard setback from 27 feet to 15
feet to bring into compliance a recently constructed screened
porch. He stated that this relates to Variance Request, VAR #96-
02. Once the deck was constructed, the petitioners had a
screened porch constructed.
Mr. Hickok stated that staff is recommending denial of the
variance, as the petitioner can construct a detached, screen
enclosed gazebo without a variance. He stated that �he Appeals
Commission recommended approval of this variance, as they felt a
detached gazebo would be more of an imposition on the neighbors.
He stated that the three adjacent neighbors support this
variance.
Mr. Hickok stated that the screened porch is considered living
space and should have the same setback as the home. He stated
that since it protrudes into the rear yard the variance is,
therefore, requested.
� FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 13
MOTION by Councilwoman Bolkcom to grant Variance Request, VAR
#96-06, with the stipulation that the porch meet all the
requirements of the Uniform Building Code and, if necessary, any
modifications, additions, or deletions should be completed in
order to meet these requirements. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
16. VARIANCE REOUEST, VAR #96-04, BY JOE MAERTENS, TO REDUCE THE
FRONT YARD SETBACK FROM 100 FEET TO 35 FEET, GENERALLY
LOCATED AT 160 - 83RD AVENUE N.E. (WARD 31:
Mr. Hickok, Planning Coordinator, stated that this is a request
for a variance to reduce the front yard setback from 100 feet to
35 feet for the construction of an industrial building. He
stated that in 1987, a site plan was submitted and a variance was
granted. He stated that when the site plan was submitted the
petitioner proposed a three phase multi-tenant development. He
stated that in 1987, the first phase was completed with
construction of an industrial building at 8251 Main Street. In
1989, the second phase was completed with the construction of an
industrial building at 100 - 83rd Avenue. He stated that this
building would be the third and final phase. He stated that a
� five-year time period was placed on the variance that was granted
and which has expired. He stated that the site plan is the same
as the plan Council reviewed in 1987.
Mr. Hickok stated that the Appeals Commission voted four to one
to approve the variance. He stated that the request is within
previously granted variances, and staff has no recommendation.
Councilwoman Bolkcom stated it is her understanding that the
issue about changing the building raised questions about traffic
flow and parking.
Mr. Hickok stated that there was concern about the petitioner's
south building that has an enclosed outdoor storage yard. He
stated that there was discussion abou� extending this building or
combining the buildings. He stated that the petitioner expressed
concern about that yard area being lost and the inability to get
circulation for the uses that exist.
Councilwoman Bolkcom stated that the issue of landscaping and
trash was discussed at the Appeals Commission meeting.
Mr. Maertens, the petitioner, stated that the landscaping is
quite extensive. He felt that the buildings are kept free of
trash. He stated that if they moved the driveway it would cause
� a traffic problem. He stated that the two buildings constructed
are better construction than originally proposed.
1 FRIDLEY CITY COUNCIL MEETING OF APRIL 8. 1996 PAGE 14
Councilwoman Bolkcom asked if the building he was propos2ng is
similar to the other two.
Mr. Maertens stated that it will be virtually identical. He
stated that it is his intention to construct it this year. He
stated that in 1987 when the variance was granted, he knew all
the buildings would not be constructed at once. He stated that
because of the soft real estate market the third building was not
constructed.
Councilwoman Jorgenson stated that when Springbrook Apartments
were constructed there was discussion on the zoning and how it
would af£ect the industrial and commercial areas.
Mayor Nee stated that there was discussion on setbacks when
Springbrook Apartments were constructed, and this would not be
applied to Mr. Maerten's pro7ect. He stated that the pro�ect has
been exceptionally well done and would actually improve the area.
Mr. Hickok review the three stipulations. Mr. Maertens stated
that he had no ob�ection to these stipulations.
MOTION by Councilwoman Bolkcom to grant Variance Request, VAR
� #96-04, with the following stipulations: (1) the petitioner
shall submit a final grading and drainage plan and the
appropriate hydraulic calculations; (2) the petitioner shall
submit a landscape plan complying with the M-2, Heavy Industrial
District requirements; and (3) the petitioner shall execute and
record �oint parking and driveway agreements between the sub�ect
parcel and the parcel to the west. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
17. RESOLUTION REQUESTING THE REDUCTION OF SPEED ON COUNTY
HIGHWAY 132:
Councilwoman Jorgenson stated it has come to her attention that
the County has reduced the speed limit on 85th Avenue (County
Road 132) from Highway 47 westbound to the Wal-Mart entrance.
She voiced concern over the inconsistency of speed limits on
different segments of 85th Avenue (County Road 132). She felt
that it would make sense to keep the speed limit consistent at 35
mph. She stated that 85th Avenue is heavily used by people
visiting Springbrook Nature Center. Many residents walk in that
area, and there have been numerous accidents involving deer.
MOTION by Councilwoman Jorgenson to adopt this resolution.
Seconded by Councilwoman Bolkcom.
� Councilman Billings stated that as he understands it, the speed
limit has been 50 mph for a considerable period of time and was
recently reduced to 35 mph for a portion of 85th Avenue.
� FRIDLEY CITY COUNCIL MEETING OF APRIL 8. 1996 PAGE 15
Councilwoman Jorgenson stated that she believes the speed limit
may have been reduced due to the construction on the east side of
Highway 47 near the Northtown Shopping Center entrance.
Councilman Billings asked if the County establishes the speed
limit for this road if this resolution is adopted.
Mr. Flora, Public Works Director, stated that the County would
petition the Minnesota Department of Transportation to conduct a
series of traffic counts, and they would set the speed at the
85th percentile.
Councilman Billings stated that if the majority of the vehicles
are traveling at 65 mph, there is the possibility they could
raise the speed limit.
Mr. Flora stated that the speed limit would be based on the 85th
percentile.
Councilwoman Bolkcom suggested that the City ask the County why
the speed limit is not consistent before acting on this
resolution.
� MOTION by Councilwoman Jorgenson to table this item until the
County is contacted to determine why there is a difference in
speed limits on this road. Seconded by Councilwoman Bolkcom.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
Councilwoman Jorgenson stated that in the meantime, she will be
talking to Coon Rapids officials to determine what they can also
do to reduce the speed limit on this road.
8. APPROVE CHANGE ORDER NO. 4 TO LOCKE LAKE DAM RECONSTRUCTION
PROJECT N0. 211•
Councilman Billings asked if this change order would require four
votes. He stated that since Councilwoman Bolkcom will probably
be abstaining from voting on the motion, it would not be possible
to have the four affirmative votes.
Mr. Pribyl, Finance Director, stated that in order to approve the
change order four affirmative votes would be necessary.
Councilwoman Jorgenson stated that the original contract was let
for $537,375.75, and the revised contract, including this change
order, is $509,279.36. She questioned if the four votes were
necessary, since the project was less than the original contract.
� Mr. Burns, City Manager, stated that the change order amount is
not budgeted in the 1996 budget; therefore, it would require four
affirmative votes.
�
�
�
FRIDLEY CITY COUNCIL MEETING OF APRTL 8, 1996 PAGE 16
MOTION by Councilman Billings to table this item to the next
meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried
unanimously.
18. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there are several items to
be discussed at the conference session. He stated that the
department managers would be presenting their qoals and ob�ec-
tives and, if there was time, he would like to discuss the Hyde
Park redevelopment pro7ect.
ADJOURNMENT•
MOTION by Councilwoman Bolkcom to adjourn the meeting. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of April 8, 1996 ad�ourned at
9:30 p.m.
Respectfully submitted,
" U �_'� %/�`�����_
Carole Haddad
Secretary to the City Council
� liam J. �e�
Mayor