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05/20/1985 - 00011940�� v, _ un�l �. _ • 9._ ' �cLJ ; S ui �t_ _ �. • _ 9z _ ; � _ ��ii�CNi�i�] 44 1 .. The Regular meetiny of the Fridle� C�.ty Cowicil was calied to order at 7:35 p. m. 1� Mayor Nee. �� • a �+ f�yor Nee led the Council and aud�ence in the Pledae of Al7egiance to tl�e Fl ag. � ROLL CAL�L: MENBIIZS A2ESFNT: Mayor Nee, O�uncilman Gooc7speed, d�unca.ln�n Fitz�tnck and CoLmcilman Barnette I�D'BII�S PBSFNT: Cowicilman Schneider 17�� r8.1u��4_4ti]�I� � \ I' • 1l�' 1� y • Y I•� ' Nl�yor Nee statec3 he has issued a proclamation proc;l�ming the week of I�",ay 19 through 25 as Nat�.onal Public Works Week. He stated it is the Councii's des�re to give rew�it�.on to the marr3 ind�.vicluals wl7o worK for the City and other public �urisdictions to prwide needec7 puYzl.zc servic�s, c;uite often ie periods of bad w�ther and on s�rne occas�.ons under a�nsiderable �tress. blayor Nee stated the �uncil wants to make sure the public works personnEl knaa the Council is appreca.at�ve of the�.r work. ',y � • u__�l� _ ��_'� • S� a,� ui �, u'. • � P70TION by Councilman Fitzpatrick to approvE the ninutes as presentec7. Se�nded 1� Co�mca.lman Barnette. Upon a voice vote, a11 voting aye, Mayar Nee declared the motion carned unaru.mously �� 1�, _ _ u� �. u • . � ' � NDTTON 1� �uncilman Barnette to apprwe the minutes as presente�. Sewnded b� Coimcilman Fitz�trick. U�on a voice vote, all vating aye, Maycr Nee declared the motion carned unammously. ADOFTTON OF AGEBIDA• NDTION f� (buncxlman F7.tz�trick to adoFt tt=_e agenda as sukmittecl, Secondec; 1� O�uncilman Goodspeed. Upon a voice vote, all voting aye, Nr�yor Nee declared the motion carried unammously. OPFN FDRUM. VISITORS• Ms. Irene Vasculca, 5427 4th Street, stated she felt WCCO television � �,� �� ,w _ y� �,i, � yr� 1 •: presented a very biased filn regarcung the proposed Rule 36 mental health fa�lzty. She statec, it was very one sic'�d in favor of this facility and in the area where this facality is proposed to be locateci, they did not shaa the c�netery. She stat�d other property in the area was shawn and statec7 she di�'t feel mentally �11 �ZO1ale wou].d like looking at a c�etery. [�is. Vascuka stated shQ felt NHyor Nee shauld contact WCOJ to have th�n cone out te �e tY:at there is a oemetexy located in this area. T�',ayor Nee stated he mizic� oontact than, but chch�'t feel they would retract ariy �f the�.r �esentation. • 1�. ��C :'�_ � � •�i� � ��` �+� � � � � ��e 11: 111 111 u • ;— � �1 �'4� .�1L�,1� :��u_ � �� ;�._ 4_ •�,4�'; �� NDTTON ]� Cbw�cilmai? Barnette to waive the reading of the public hearing not�.ce and open the publac hearirg. Seconded by Councilman Fitzp�trick. Upon a voic� vote, all vot�.ng aye, Mayor Nee declared the motion carried unammously and the publ�.r hearing o�ened at 7:47 p.m. Mr. Irnnan, City C7.erk, statec� Lhis proposed pro�ect would consist of a 75,0�0 s�uaxe foot ac�dita.on to be leaseu� for manuEacturing, machini.ng, and prooessing at tYie present Strite-Anderson facility at 7585 Viron Road. He stated tYze pro�ect calls for the issuance of $1,D00,000 in industrial developnent rc�enue ]x�nds. He stated, with this addition, 50 new �obs would be created with an annua7. �yroll of $1,000,000 and an ircrease in tl�E tax Ix1se for the City. Mr. Trrnan stat� First Bank of Southdale has revi�aed this pro�sal and have indicated thEy are in favor, He stated staff has re�iewed the glans and it rneets the crrteria for industrial revenue financing and would, therefore, remmmend appraval. NDTION ba Councilmax! Fitzpatrick to receiVe the letter from Gene Cross, Assistant Vice President of the EYrst Bank of Southdale, in wkv.c� the3 speak in favor or thas pro�ect. Se�nded 1� Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion rarried unammously. Mr. I�1 IIlanchard, Cha.eE Fa,ecutzve OPficer for Strite-Ander:�n stated the com�r.y mo�c-�c7 here in 1966 and since tY�at time their builcl�.ng has graan fran 4C1,�00 ��re feet to 75,Q00 s3uare feet, He stated they are proposing to e�.pand to aouble the s�ce naa avatlab].e. M.r. Blanchard stated the oomg�rr� has some 80 custorners which gives them a broad range oi different oonsuner products. He stated Strite-Anderson has never had a wetback, �s far as ewn�nics is ooncerned, and felt it was due to thsir key asset wYaich is tY!eir anplv�ees. He stated the company is the first to have wcmen running die cast machines and the first w�nan plant rnar�ayer. _2_ � � •� i� - 4i— -�' • v'_ � .. Mr. Blanc�ard stated thEy are a�mique a�n�ry as they Ix�e ria narketing and no saies representatsves in tne field, He stated t17ey receive custaners through thea.r aan reoo�iti.on. He stateix tk;c� have been delivering products to ]Bb? for two years without arr3 re� ects and ha�e received a Veriaor of the Year t�aard fran IBM. Mr. Blanchard statea Strite-F,nderson delivers ,uali'r_y merchanc,�.se in a mimmtvn �nount of ttme. � Nir. Blanchard stated, with the�.r pro�osed adr77.tiori, th�r plan to l�se s�ce to satellite vendars wha are specialists xn their field. He statea Mtnneapolis Engineering would be one of itie vendors and these c�rnpanies would be cbing the enyineering and Strite-finderson the die castina. Mr, Blancriard stated he felt Fridle� is a good L�l�ce to work and thrive. He stated the states of Nebraska, South Ba]€ota, and North Dakota Y3ave al1 visited their plant seeki.ng heavy industry in �xe high tech area for their states. He stated 5triLe-Anderson likes NLnnesota, haaever, he woiil d like to see some changes in the workmen's arm�ensat�on lz�rs. FIe statecl tYte� have no intent to change wi`iere t1�e� are frcm or u�here the� are goii�g. P4ayor Nee stated he felt bringing in the �tellzte �np�n� es was a n�rvelcus idea. No other persons in the aud�.ence spoke rec��arciing the pro�osecl issuance of t;hese industrial develognent rc�enue boncis. M)`PION 1� Councilman FitzXatrick to close the public he�-�ring. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, I�ayor Nee aeclared the mot�.on carried unammously and the pul�lic h�rzng clased at 7:5II p,m. � • � ��. ��._ �.� • �� L_ •• s_ a'u � � + � � 1_ . ' ?� - � �� -' - �ll��L �-:-- "'�_�_4 4 �� 11IL4 �� 4111 � • � . ... \ ��• z�\ �1 �� - • '� . i� ' '�' '• • - •' • i - i - • - • I�DTION l� �imcilman Gooclspeed to continue this item to the Juze 3, 1985 meeti.ng and notify, lx mat.l, interested �arties. Sewncled by Coiuzc�Imas? Sarnette. Upon a voice vote, all voting aye, Mayor Nee decLared the motion carried unammously. I�.s. P'laryaret Otten, 5311 4th Stxeet, stateG she w�ll 1� �able to atterrd the Jime 3 meeting so wished to make sone conunents regarc'a.ng this �roposecl rnental health fac�.lity. Ms. Otten re�uested t'tie Coimcil take inta wnsideration interpretation oP exemptions from the Human Riyhts Act, Article 12 oi tkie MinnesoL� Constitution, and Amendnent 9 of the U. S. �nstitutrion, which �ie reacd. She stated unless the words mean something otYSer tY?an what she nas read, it appears all �exsons are a�ua].. -3- �� L� i x.i � ��I�w_ ui�_. •. us � Mx, Qtten statea tlie pzogl.e ln this residential area claim their right not to have an industrial mectical facility �l.aced in their neighborhood. She stated thEy ob�ect to arry industry in the�.r residential area. Slie stated the mentally i7.1 alrearXy have the right to live here or they can go to a treatrnent faca.lity. She statecl the� do not have the n�t to de�nand their aan industrial rnecti.cal fac�.lity in a res�.dential area where residents oppose at. She stated this facil2ty could be located in an industrial or co< <ercaal area, as iheir raeicy�borhood doesn't want to become an industriaL � zone. Ms. Otten stated the ques'cion was asked if- property values would go down if tYiis facil2ty is located ir. the residential area. She cited a case in Greenaich, �nnecticut where this has occured. P9s. Otten askecl the local officials �to defend then and their nght to preserve t�.e�.r resici�ntiaL area. ��_ ..�'Jl" • � �L'�' • ' �� S! '�� 1 '�'i�14 4�_� _ 4• �• �9r. Flora, Public Works Director, stated the Counu�l received these bids at the last meeti.ng, but the mntract was not awarded pending notification kr3 BurlingtorrPdorthern Railroad whether th� wished to proceed. b�r. F`lara statecl Burlinr�ton Northerr? has decided to prooeed with the pro�ect and staff would reo�mmend the {nd be awarded to the laa bidder, Hydro-Con, r_nc, in the �nourzt oE $123,456.78. hDTION 1� Cb�sxcilmari F�.tz�atrick to award the contract to the laa bidder, f?yclro-Corz, Inc. in the �nount af $123,456.78 for Water anc� Sewer Pro�ect ,�150. Seoonded Lr� �imcalman Barnette. Upon a voice vote, all voting aye, I�ayor Nee declared the motton carrieol unammously. 4. �NSIDERATION OF AWAItD OF STRF.ET IMP18]VEME[�Tr PRQJECT ST 1985 - 1 & 2 ( FROM � MR�'ING QF MAY 6. 19851 : Mr. Fiora, Public Works Direct.or, stated the O�imca.l received these bicis at r.he last neeting, but c1�.d not award the contract pending notification 17y BuriingtorrlVorthen? Railroad whetl�er thc� wzshed to proeeed. He statecl the rulroad has responaed and th� wish to �roceed with the pro�ect He stated staff would reoommenc� the aontract be awarded to the lo„� bidder, H F.S Asphait in the amount of $337�565.25. Ni�TTON by Councilman Barnette to awarc3 the bid for Street Tnprovenent Pro�ect ST 1985 - 1� 2 to H& S Asphalt, ina in the a�nount of $337,565.2.5. Sewnded b3 Councilmar! Pitz�trick. Upon a voice vote, all voLinq aye, Mayor Nee declar�d the mot�.on carried unanirnously. '� � y, l� 4_ U! �1 1�. • 4: � '� �� I•� • • '�_\i • �, ••� � ` 3. •• � � ,�U' Vi� • ' i__ . • i4� ,� � li �e��_ MQTION by Councilmasi Goodspeed to waive the reading and a�prove the ordinan� upon first read�.ng. Seoonded 1� Councilman Fitz�trick. Upon a voice vote, al.l voting aye, Mayor Plee declared the rnotion carried unamnously. • : y �N ,, v� l • . ' �!� _ �� • � - • � : . �• ��i;:. •y • _,.4 � 1 ` Du:-�� 4�� •+ '�: •� u L�. � - NDTTON 1� Cowicilman Fi.tz�atrick to set the �uhlic hearu:g on tnis plat fcr JwZe 3, 1985. Semnded L� Cotmcilman Goodspeed. Upon a voice vote, all vota.ng aye, Nhyor Nee declared the motion carried unamrnously. 6-B. REUIEN7 OF A PROPOSID ORDINANCE RE�DIFYING THE FRIDLEY CITY QODE BY ADOPTTNG A NEW CHAPPER 105 ENTITLID "49EID d�DPPROL" ADID RRpF11L�ING OLD CHAYrER 105 IN ITS ENTIRLi`Y: NDTTON b� Counctlman Fitz�trick to recElve this proposecl amenc�nenL fox rc�iew. Semnded lx Coimca.lman Goodspeed. U�on a voice vote, all votinq aye, NJayor Nee declared the motion carned unammousty. 6-C. OONSIDERATION OF APPROVAL OF SIGN PI,�1N FOR 7570 HIGHWAY #65 N.E., I�ER LAR50N• Mr. Flora, Public Works Director, stated a sign plan for this site a:> reqw.red k� the ordinance. He stated a�lan wzs received fer the bu31d� ngs at 7570 Highway #65 and this does sati.sEy the c�.ty �de. Mr. Flora stated it is reaommended the s�cy? plan for this site be appraved. � NDTTON la� C:ouncilman Barnette to apprwe d�e slyr? gLan L-or 7570 Higi�wa�� 65 N.E. Se�nded lx Councilman EYtz�trick. Ugon a voice vote, a11 votinc; aye, NY�yor Nee declared the motion carried unarli.mous:Ly. 6 D. REUIEW OF A PAOFOSID OFDINANCE RE�➢TF'yTniC� TI3E FRIDLY CT`PS' CODE BV , TNG C�IAr'PER 214 ENi'TTT. nST I,7 "; -- PDTION Ix Co�mcilrnan Barnette to receive tr!is �roposed amenc�nent for reviEw. Sewnded t� cb�mca.lman Goodspeed. Upon a voice vote, all aotinc� aye, M,ayor Nee declared the motton carried unammou:�y. 6-E. �F.vTF�7 OF PROFOSID ORDTDIAN F gF;Cpj�Tj�yT TfIE FR DLEY TTV CS7DE BY ADOPTTrIC` A NEW Q3A1'PER 08 II�FPT`rr FI � T i 1^E DTSH A1�'II�INA REI;,ULATIONS: NDTIOI� L� Councilman Fitzpatrick to receivc- thls proposed am�nc3nenr ior reaiew. Seoonded l�� Councilman Goodspeed. Up�n a voice vote, all �io�irig aye, P1�yor Nee declared the motion carn c-�cl unammously. -5- � k i_ G A �� J, _ 41_'JJI �_ 4�: 1 •i � ��p� � � ��i�_'J1� •'� 'l � �� _\� i�e_ �� C z 1�I I� .l. !�:.' JI� �I �i� �_.Y � . 4�.�_ '�.111 \. _ �_ _� •_i� � '�.� ' I� S_k. — . ��__. �L •�. .�� • 1 1' ¢�,I� �,U C �u?��,I� +, •� 1 1. 1 1 � D NI�TION by Councilman Goodspeed to receive this proposed amencYnent for reaiew. Seaonded ty Councilman F7.tz�trick. Upon a voice vote, all votitig � aye, NL�yor Nee declared the mota.an carric-�d unammously. 6-G. CONSIDERATTON OF TTEM FRONi `�E OO nrrmiTmv DE�7� nprrtFTrr � T ON MF.F�t'ING OF APRIL 9 1 HS IZ�*ARDT $ $ i T TC`F F.AM SAT F. ° MC. F7.ora, Public Works Director, stated that at tkae Community �,evelognent Corcunission P'Ieet,ting on April 9, representatives from Blue Bell Ice Cream Cangz�r�y were present to request a change in the City's mise orcl�.nance whtch wo�!l.d permit then to ring the bell on their vendtng trucks while they are �ellang ice cream. Mr. Flora statea the Cbitmi�mity I)evetognent Cw[unission recommended, trirouqh tkie Planning Commission, that the City consider a change in the noise ord�.nance wtuch would allaa Blue Bell ta operate using this bel.l and to g�.ve than an axception to operate tYus suiuner Lmtil such ti.me as the ordtnance is changed. l�s. Flora stated wnc.ern ha� been vo.tced ix tk�e Public Safety Director in allaaing thea to operate this hell before the ordinanoe is changed. Mr. Herrick, (S.ty Attorney, statc�7 several years ago residents c:ame to the Council askiny for contxol over this type of operation as there was a mncern about satety. Mr. Giern Baron, repres�nting Blue Bell Ice Cream Ckmi�ar_y, statec� they would � like the ordir�ance chanyed so thEy coul.d operate the bell on their trucks. He stated th� have been successful in other oonuttunittes, in terms af :�afety and noise, and have had very few problans. Mayor Nee stated the�r could operate their trucks, haaever, the question is if tYiey� coulr3 use the bell. Cbuncilman Barnette asked if thEy had other oompetition in the conmunities where they are o�:rating. D7r. Baran stated occassionally they have cotnpetition, but mostly thc� operate on their aan. He stated thEy operated in Frid] c� last siar¢ner wzthout la-iowledge of the noise ord�.nance. Councilman Barnette questioned the G.ty's liability if they are allcwaed to operate before a change in the ordinance and there would be an incident where �neone was in7 ured. Mr. Herrick stated he would share the same concern in not enforciny the ord�.nance as the Rzblic Safety Director. He statec� he would recom�nend the Co�mca.l schedule a p��lic hearzr�g and, if they so desired, could have a � � N 1�M . 4L� l. •. 4: 1 first read�.ng for a change in tl�e orch.nance at the same rneeting. He stated, in this way, the Council coul.d determine zf there axe any significant o}�j ections. NDTION lx Coimcilman Barnette to set trie public hearzng for June 3, 1985 co oonstder a proposed change in the noise orc�ir�ance w'_vch wovld allaa vendo�s to ring bells on their vending trucks anc] thaL a drait be sulxnitted ai ti�e �nenctnent. Se�nded by Cauncilman Fitz�trzck. Upon a voice vote, a7,1 � voting aye, NHyor Nee declared the motion CdYT1E'CZ unamrnously. 6-H. CONS7DERATTON OF AN ITEM FftOid THE ApPEAs p�MMTSSION MEE`i'TT7G OF APRTL 'L3 19HrJ - RDQUESP E1�R A VARIliNCF T(} 1Lf�W TEj� 'iYYrAi nF AC'(`F'GSnRV $UILDIIJ(�'S � BE 1 �� UARF+ F'EET WITH !� DWELL.CNG nF 9(lh q�nARF F� �rY� �iCw+� aDNSTRUCPION OF A GARAGE ADDITTON ai� �R�ZEWAY� 6020 4TH �"r'RFET N E BY DAVID BYRNE° Mr, Flora, Public Works Director, stated tne Appeals Conunission had a ooncern tfiat the ordinance governing the maxin�mr s�.ze oz garac�es in R-1 di�ricts may be too restrictive. He stated tYie Commission fel z f�ily size is cbwn and peogle are r�w purchasing more recreat�.onal a�w.pnent and larger garages are becoming more common. The commission asked the Cauncii tc address the question if thc� want to restrzct tlze �ze or a garac,e to 1,000 s�uare ieet and also restrick it to the size of the house. l�ir. Qureshi, City Manager, stated the Council adopted this restrictian several y�rs ago when a situation arose where there was a snall har�e ar_d someone wished to build a large accessoxy buiic�i.ng. He scated this seeas �o be worlung well and there is a variance ��rocedure provided so each case muld be considered on its aan merits. d�unca.lnian Fitzp�trick stated triis restric�l�n didn't happen by acczdent, but was inte�ional. � Cbuncilman Goods�eed stated people are now i�avirfg sn�aller homes, however, tY�e� needmore storaye space and axe applyzr_g for variances to give them additional s�oe. [vlr, Byrne, the peti.tioner for the variance, stateu� he felt each variance rEquest is different. He stated he does have a problem with his exzsting garage as it is built lower than street level and water draii�s into the garage. He stated this woul.d be corrected witl� the construction oi ��he addtition to the garage. He felt this imprwanent wau7.cl make the house lool� large and more aesthetically pla3sing. NDTTON 1� Councilman Goodspeed to apprc7ve the variance rs�uest to allc�w tile total of the accessory buildings to be 1,000 s�uare feet, with a c�aellir_a, of 900 s�uare feet, an excess of 100 s�uase feet, to allaw construction o� a gaxage additian and breezetaay at 6020 4th Street N.E. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting ayE, P�layor N�e declared the motion carried unammously. I�yor Nee stated unless someone wished to discuss a proposed change i��rcher, -7- � l I � �,�� , ��.1� ui_ � a. • �s_ � ' � the� would leave the ordinance as is, s�.nce there is a variance procedure. 6-I. CbNSIDERFITION OF TTEM FROM P • CO T TON FET OF APRTL 23 198 - V11R7I�7 F RIDU UARE F��'�'A('E FOR DOUBL BDNGALCIW STDE YARD SF�AC:K ON ODRNER Ln'�' AND F1d�NT YAR➢ S�PBA(R TO ALiAW CONSTRUCrION OF A DOUBLE BDNGAIrOW� 5536-5538 7TH STREET. BY Q3UCTZ WESTLING: Mr. Flora, Public Works Director, Stateci this is a request for variances to � reduce the s�uare footage for a cbub].e bunc�l.aa fran 10.000 to 9,416; reciui;e the sicle yard setlxZCk on a oarner lot rran 17 1/2 to 5 feet; and to reauce tYae front yard setback or a portion of the front yard (south side) from 35 to 11 1/2 feet in order to al�ow construction oP a double bunyalow at 5536-5538 7th Street. Mr. Flora stateci this �rcel of property is difficult to build on because a �artion was taken for freeway ric�t of-way. He stated the aaner intends to bwlcl a cbuble bungalaw for his aan use with a zero lot line potent�.aL. Mr. Flora stated the Planning Conunission remmmended apprwal of the variances. r�TION by Councilman Goodspeed to approve the variances to reduce the re�uir� squ�re footage f�r a cbuble iwnc�laa from 10,000 to 9,416 square feet; to rec�uce rhe s�.de yard setla�ck on a crorner lot fran 17 1/2 to 5 feet; and to reduce the front yzr� setback or a porcion of the front yard �south Nic�e) frcm 35 to 11 1/2 feet to a11cNr conscruetion of a double Uungalow at 5536-II8 7th Street. Seoonded b� �imcalman Fitz�trick. Upon a voice vote, all voting aye, I�7ayor Nee declared the motion carried unammously. 1�TTON by Councilman Barnette to receive the minutes of the Plann3ng Commission N�eti.ng of [�ay 8, 1985. Seconded by Councilman Fitz�trick. [l�on a voice vote, a11 vata.ng aye. [�7ayor D3ee declared the motion carried unarv.mously. �� .� �� • .a � • . �.� � f� [�s �_�. _�.s •� .: �� S__ :•• ��1�« - Mr. F`lora, PubJ.�c works Director, state� last June the Council approved a specaal use permit for Woodcrest Baptist ChurcYi for an addition to their builcv.ng. He stated one of the stipulations of this spera.al use permit was that the new mnstruction w�s to be set la�ck 60 feet fran the east �roperty line. P'�. Eiora stated, because of an existing samtary sewer line which runs across the aorner of tne lot arid located c�irectly belaa the corner of the build�.ng, it be�mes a�ralalan har� to construct the oorner of the building. He stated if tYae buiZc�ing is mwed farther east, the depth of the footings and relzted �scs are reduced, therefore, the cY�urch has requested they be allaaed a 40 foot rather than a 60 foot sett�ack fxan the �st property line. Councilman Goodspeed questioned the zoninq and asked if- churche� are raorn�ally located tn R-1 and R-3 areas. Mr. Qureshi stated it was qui.te comrnon for churches to be in res�.dential areas. � , �� u! .?� ��. • u�� •�y i�ir. Eric Gunloqson, 430 Rtce Creek Blvd., sukxniti.ed a retition w.izch requested this matter be tabled so res�.dents of the ne�ahborriood und representata.ves of the church can discuss this �.�ohle�. MOTI�N by Councilman Barnette to r�ce3We tizis �etition. Seconded by Councilman Fitzpatrick. Upon a voice vote, a1i voting aye. Mayor Nee declared the motion carriecl unammausl.y. � Mr. Dave Roda}xlugh, Btailding Chatrman for tiJooc�crest Baptist Churcla, stated thEy are requesting the bw.lding be wnstrucl-ed 40 =eet from the east line property line. He stated the reason for this is increased constructioi� oosi.s if thEy r�ed to oonstruct the builc�ing 60 Feet f-rani the east property li�. He stated also the soil on top or" the sanit��ry sewer iine woula rs;uire qw.te a b�.t of work and if the� consl-xuct clase to the sewer iir�e, aibrai:i.ons frcm the type of eqw.gnent th�y need to use miqht danage tka� ex�.s�ng line. Mr. Rodakaugh stated the d7urch's architect and soils engineer were �resent to ansaer an� questions. Mr. Quentin, Freeburg, 301 Rice Creek Terrace, stated he is a member of Woodcrest Baptist Church and has two children attenda.ng the schoal. He stated he supported the neoessity of movirng the praposed building back and indicated it would be a great financial ex�ense Lo construc� ti7e buzid�nG with a 60 foot sethack. Ni3yor Nee stated he was contacted I� a resxdent in the area wY�o statec! they had not received notice oE this proposeU cl7ange. Mr, Flora statea a sFecial mailing was sent out several weeks ago. Mr. (iiarles Johansan, 424 Ri� Creek Blvd. � asked iL- chey are build� r_g a enurci� or a�mnasiun and questioned if a clym is allocaed in ar! fi-1 zone. He � stated his defimtion of dlurc� is different than a gymriasiun. Mr. Johnson stated he originally sold this land for the church and you new have a church with noisy little kids in scnool and plans Lo add a gyni creati.ng even more noise. EIr. Flora stated there is a simi7.ar s�.tuaYion at P.edeemer Lutheran Church where the� added a gym onto the churdl. Mrs. Bev Eberharc�, 436 Rice Creek Blvd., stated Rede�ner Lutkzeran CYiurct� i�� locatea away frQn other hanes and in the c�ncer of a lalock. Mr. Dean Eberhard, 436 Rtoe Creek Blvd., w�°tatec his property is one oP tne two nost affected 1� the addition of this bu�lding. He state� l�st yeax nesr3 people were irn�olved in meet�ngs with the cYiurch and an agreeraent was readled to wh�.ch eaexyone was reoonciled. He stateca a 60 ioot setback was agreed upon and appealed to the c�-iurc� and Counail to uphold this agreenenL. Mr. E�erhard stated the ex�.stence of th,�s sani.tary seaer izne was knaan l�s-t. July and felt it probably should have been c3�.scussed at that time. m � „ � ,, � �� il�. _ 4�-� �\� • I� � �uricilmarx Barr�ette stated Dave Rodala�ugh oontacted hun in March regarding this problen and he urnnedi.ately contacted res�.dents in the area. Nir. Radakz3ugii stated wtierd th� c�i,soovered this line, thc� worked to see wYlat wo�il.d be trie shortest clisEanc� they oould mwe their proposed building. He stated thc-y wuld have approached the residents earlier, but he didr't have arr� ansvers �zd he kn�a thEy would want answers to their questions. He stated wer $10,000 was spent in tryang to obL-ain these answers so they � woulc�4t't have to request the 6u21c3�.ng be set kack further to tYee east. Pe statea he met with Caun�iman Barnette and asked him to ir�orm the residents of tt?e�.r problat2s. Mr. Fsic Gunlogson, 430 R� ce Creek Blvd. , asked if the City reviciaed tlze f.easibility af mwing the samtary sewer line. Mr. Flora statec] they had not. Nir. G�mloason stated when you look at the size of the proposed building, mwinG the structure an additional 20 feet east is a lot of s�ace. FIe stated right now thEy have an open view of the creek and if- the bu.tld�ng is constructed 40 ieet, rather tYian 60 =eet, from the east property line, it means a,uite a c17.fference in their viaa. He felt it affects the val.ue of his property and is a real concern. He stated he would like the church to reconsider their positiora and spend the additional money to r,ieet the stipulations agreed upon last suiuner. P7r. Gunlogsan stated he also felt there should have been an opportunity for residents to cli.scuss this with the rnurch before it went to the Counca.l. Cpuncilman BarneLte asked aE there has been any futher oomrnunicat�.on with the Cberhard's and Gunlogson's l� the church re�iresentat�.vee. Mr. Fadakt�ugh sL-ated he met with the Eberhard' s last week and atte�tipted to oontact then be£ore tYie letters werE sent out, but was imable to do so. � Cotmc,Llman Goodspeed asked if thare wouLd be a living unit in the proposed ac�l�.tton. Mr. l�dala�ugh stated this would be a multi-pu�:Xnse lxuld�.ag to be used £cr volle��tr�ll, }a�sketball, etc, and there would also be a living unit to house their c�iangelists when thc� are in this area. Mr. Rod3Yx�ugh stated that the building is constructed 60 feet fran the east property line, the estir��ates for thzs excavation and these extra deep foot�.nys ie. $50,000 and if the builcZi.ng can be moved 20 feet to the east, the �st would be about $25,000. rlrs. Eev Eberhard stateci tt�e s�.ze of tile c�m �72 ft. long by 30 ft, high) looks huge in oom�arison to the size of the land on which zt wi11 be located. She stated the addit�.on would oome right up to their Yaack yarci. Mrs. Ei�erhard scated th� would never see the light of day again ii this buildtng is a�nskructed nor w�].1 the Guril.ogson's because they are already hlocked ir 1� thE school. She stated size realizes it will oost the cnurch a lr�t to put in a retaining wall, but they will suifer a loss if this is -10- � •�.i� �_�_ _�. � u._ - � ' � oonstructed. Pir. I�datz�ugh stated the Eberhaed's lot is about 12 feet higher tllara the church's existing builr]ing. He also state� if t�iey dig that dee� for foot�nys, the� cbn't knaa what prohlans tY!� rnay run into with tize weter. P7r. Bob Eisenberg, soils engi.neer for Wooc�crest Baptist Church, s�tatEC3 soil � borings were taken on two different occa�.ons. He stateci they encounterec� a substantial amotmt of f�.].1 werlayed b�r a sanc}� material and acZded to that was a sanc� clay matenal. He stated the question about the dewatering is really two �hased. He stated there w�.11 be some dewatering xea,w red, but the �nourit is tmdetermined until they get into the siLUation. He statec� ,ediment would have to be ranoved before the water goes Yz�ck into luce Cleek and some secti.mentation pond would prolxzbly Ue r�u.ired. He stated if the build�.ng was plaoed five feet fran the samtaxy sewer l�ne, and if this 11ne had to be repaired, it is his opinion that it woi.LLc� be impractical, oost ineffective and nearly in�x�ossible to do. He statea tne footings have to go s�.x to eight feet belaa the pipe elevation so you are talking a}�out a watl 34 feet deep and a base width of 15 to 17 feet, He stated that oost would be extraord�.nazy arid mwing the �ipe would actually be a less oostly procedure. He stated another alterr�tive is to construct the lxulding with a normal footing and if re�irs are narzssary to the sewer line, the3 could be done by "bracing" ihe sicles, but it also i� rather wstly. Co�mcilman BarrAette asked fran a lega7. stanc�po�.ni, what would be the CzLy's liability if thEy allaaed then to construct tLis building wii.h normal footings. r3r. Herrick stated it would be a matter to kae negotiated betweer_ the Gty and the church. He stated it may be the City wo�t7 d permit thi� kind of mnstruction, if the d�urc� agrees to be resporis�%le for any iuturE costs or re�irs of the sewer l�.ne. He stated there can be an agreenient � outlaning who would be responsible to takE care o£ arry rep�irs or pro6ians with the line shou].d aciytizing happen at a later clate. N�r. Herrick expla�.ned Y1ze City's obligation on a special use pern�it. He stated churches and schools are permitted uses in residential zones sub�ect to obtaining a special use permit. He stated they have the right to have the special use permit, unless there is s�nerhina umcue about the land or its location. The City would be able to shcw, Lr� evidence and testimony that build�.ny the prop�sed facility would create unusual problans that would not necesarily occur if the pro�osal was at � d�fferent locati.on. He statec? the burden is on the City to shaa there �s something uniclue about che c�ombinati.on of the location and proposeci sr_ructure that creates unusual prob7. ans. Councilman Barnette stated he felt when the speciai use pern�it was grantec� thexe was a comlaomise. He thought p�ssihly some agxeement could be made between the C�.ty and church regarding arr3 re�irs wh�.d� may be needec of the sewet line in the future, and this point s-tzoulc7 be checked out fiarther. Mr. Herrick suggested this itai be mntinued to ,7une 3, 1985 a.nd to have the -11- ! I L___� l��,°I � nn i , •�� J� _ yl , • u��_ 1 ' i churcYi representatives and their technical people meet with the City's engineering staff. to e::plore costs of some alternatives. He felt there should then be a neic�iborhood meeting to cliscuss arry alternative�, NIr. Msrk Fbranan, Assistant Pastor of Woodcrest Baptist Church, statec� it has been over a year sinoe the� have been dealing with this problen. He statecl it seans tkne moxe thEy wa�t, the less likely anything will be done for tl�eir people and thetr churc�i. He stated the two neiuhboring property waners have sorne legitimate rea.ons for not wanting the building, have�er, � there are sorne 15� familie� that have the need now. He questioned what could be �olved ks� wai.ting two more weeks and felt the meeting witka the neigYibors won't acmm�li� a whole lot. He stated the church has sacrified money, t�.me, s,aeat, and tears �ecause thc� waited so long, and another two weeks w�l.l devastate th�a.r �eogl.e. He s�cated they have cut the size of the builci�.ng and naa the probla� of the sewer line arises, He questioned why the neighbors couldn't wmpranise with another 20 feet. Ms. Fberhar� stated the� have been in their hane 17 years and take pride in it. She staten they are people too so don't te11 her about tears, f�ir. Eberhard stated Mr. kUrenan w�sn't here when the� first myotiated with the church xeoard�.ng this cpnstructi�n and other things have naa oome into p1ay. He fel t�erha�s he should bemme a little more sensitive to the neighbors and a iittle more tmc�rstancling of the problan. t�7r. G�.7.ogsora stateci he wes in agreanent with Mr. Fberhard's cnrimments. Couaca.lmar� Barnette stated he felt tiiere was ram for wmpranise and that a meet�.ng shoula be held. NDTIOtd L� (bimca.lman Barnette to table this itsn to J�me 3, 1985 and direct ataf£ t� work with the churcYa's enganeers to ho�efully come up with some aLternatZVes. Seaonded try d�imra.lman Goodspeed. Coimcilman Goodspeed stated he would lxke an �valuation of the risks and the � enviromiental unpact. UPpN A VOI�' VOi'E TAP,IIV Q�T Zf3E PBQJE NDTTON, a11 voted aye, and Mayor Iv'ee declared the motion carriec3 unammously. : � � •� � • • • . , .; u • �� .��M M• �• • � � �� Y4� Mr. F`lora, Publac Works Ihrector, stated Park Constructon obtained a speca.al use pern�it in 1982 to install a rock crusher on a portion of thea.r property zn order ta recqcLe usecl concrete. He stated an extension was given in 1J83 cn this �rmit uritil 19£34. P�Jr. Flora stated, this past winter, Park Construction crushed the rnaterial the� had stockpiled. Mr. E`lora stated a request has been received fram Park Construction to ea�terzci th2s specaal use permxt iuitil NHrch of 1987 in order to a3lasa th�n time to acc�unulate s�fic�ent quantities of material and again operate the rock crusher. -12- � � � �� 1, . _ U�_ �! '+� , ��2.. ' • � MOTION by Councilman Fltzpatrick to qrant an extension of special use pennit, SP #82-12 until March, 1987. Seconded by Councllman Gooclspeed. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unarvmously. � � � • • • !, �� , :. : • i; � : � � • J, a� �ui� � Mr. Ii�anan, City Qerk, stated the Council has discussed the potantzal of four cita.es goiny together to purchase eqi�i��ent for vocxng and counting ballots, and thereEore, this joint powers agreanent zs necessaxy. Y�7r. Irman stated t,hc� are in the process of developing speciftications and the O�imcil would have to take action to apprwe the �s�ts. He stateU this program is antici�ated to have a four to five year p�ykxzck. I-Ie also statecl this systen would have the advantages oi Ueing aale to re�.rort election results faster and to reduoe the amount of time head �udges are rcquirec� ro stay in the ootuitiny center. Y�DTION k� Councilman Goodspeed to authorize the City to enter into Lhis �oint �xxaers agreanent. Seconded by Co�3ncilnan Barnette. Upan a voice vote, all vota.ng aye, Mayor Nee c3eclarec7 the mocion carried unammously. � � •� ,• �• �• u .. ..�• • � •;• � i� �� l �`J4; 4.. � L�_�.u� .i ..�4� � u� u _ � � � '�S+ u?�.� • a� �•. � i� �r+� � �. � •u�� . , .. � � n •' 'S •:.��._ �� • M �t ��11ui� • � �� •��'s • f�DTION L� Cbunca.lman Barnette to acbpt Resolution No. 49-1985. Secondecl lay Councilman Fitz�trick. Upon a voice vote� a11 voting aye, Mayor Nee decLareci the motion �arried unammously. '--�- �,� � 7��!�•R •;�N�. � � • � 1 �� «�uia�� ; : � +�� • • : • � • � � � • � •• � •• � • � � ; � :• � • 2 � � *«4�.� ;—u�� •�� u?�,n 4�� .. •_yi� P+DTION b� Cbuncilman FYtz�trick to acbpt Re�lution No. 50-1985, Seconded L� �uncilman Goodspeed. Upon a voice vote, a1l voting aye, Nayor Pdee declared the motion carried unammously. •o-.�_� _�+ • •• ��. 9 i • , •• � •• 4� : 1 i� � �.n �1;_ ' � L_ � • . � � � ; �tu ; .`_� _ � �;S y • 1 �• A. : � • � � M„� ' 4�� Mr. Iranan, G.ty Qerk, stated a$6,000,000 zr?austrial. develogrnenr rcven�ie bond was issued earlier with Haxvest States and th� would like to refuncl a porta,on out of their esn.sting capital, He statecl Janes O' N�eara of 0' Connor and HaruZan has rc�iaaed the cbciunents with hun and with their attorneys and apprwal is reoommended. -13- LJ k�j� I s ) � �i ��7 i� 1l _ ul _►. � V:_ 1 ': P7r. Tman stated three items were negotiated which were supposed to be presented prior to this meeting, however, he has not receivea them. He sugqesEec7 the resalution be ado�ted, sub�ect to reoeipt of these itgns. NDTTON }� Cotmcilman Fitz�atrack to ac9o�t Re�lution No. 51-1985, subject to cjorcurrence of- tYre Finance Officer, N7r. Tnman. Seconded by Councilman Barnette. Up�n a vaice vote, a11 voting aye, Nr�yor Nee declarecl thE motlon carned unamnously. �� • � •• � •• �uv � � ;`s �� • • a • i� � � � _��' � • •' • �i�� ,�•� «y�,, • �_ N�TICIN b3 �imcilman Barnette to ado� Resolution No. 52-1985. Seconded try Counca.lrcran Goodspeed. Upon a voiae vote, a11 voting aye, I�yor Nee dec7.ared the motion carriec] unammously. • • � �: •• � •• � � •u� .�� ;�r _ u � • • �, u�� , •,� _ A'DTION i� O�unra.lman FYtz�track to adoFk. Resolution No. 53-1985. Seconded }x Councilman Goodspeed. L�pon a voice vote, all voting aye, Mayor Nee cieclarec7 the mot�.on carried unammous].y. �� :: � � • �. . � • ; � �: � � ��i : ; � �► Ni�3��i • n ��]s�;��I�T�FkiY�4� Mr. Flora, Publac VJOrks Director, stated with the near completion oi the police storage garage and walkway system from the Plaza Center to Missi�sippi Street, rana�.mng items have been identified to complete the work. He stated, originally, the specifications did not rnclude the wa].kway, landsca�u.ng, ligYating, and brick work from tne fire station to Mississz�i Street because of the mnc:ern regarda.ng the oost. He statec! the oontr�ct was awarded at a savuiys so tkiis other work can be oompleted within the 25o totaL crontract limi.t amount wlaich inoorporates the work ini.tiatecl to � com�lete rhe landscaping over the police garage and include the boulevar« trees on 53ra and Hic�way 65. Mr. Flora asked the Council to consider Change Orck�r No. 4 to incxarp�rate these adc�.tl.ons irYto this pro�eet. NDTION b� Co�mcilman Barnette to approve Change Order No. 4 with Monette Construction which nodifies the mntract for the FYicll e� Garage and Storage Faca.l�ty in the amount of $24,359. Seoonded by Councilman Fitz�trick. UFon a votce vote, all voi-a.ng aye. Mayor Nee declared the motion carried unamrnr,usly. . � � t. yi ui• � NDTION Ex Co�atcilman Barnette to �ncur with the followinq appoini�nent by the G ty Manager : -14- L_.I � � � I �� yw,_ ui ��._ • u° � •; NAME Debra K. Nbotz 6750 N�dison 5t. N. E. PY 1 C�]. E�7 r Mtnnesota 55432 ��. r Plarunn9/ O�de EnYOrce- ment Q erk S'TARTING SALAI2Y $1,020.38 �—'1 monih S'.f�1RTII�G AATE vtme 3, 1 �85 : �_ � �5-` Ibrochy EVenson Seoonded b� CA�ca.lman Fitz�trick. Upon a voice vo�e, all voting ayc-, NL�yor Nee decLared the motion carried unammo�ilsy. 1']. T.TrF.N$RSe 1wDTION b� Counca.lman Fitz�trick to apprwe the licenses as sulinitted ai-�d as on file in the Liaense Qerk's Office. Seconded by Counciimara BarneLte. Upon a voice vote, all voting aye, Mayor ldee declared the motion carried unanimously. « �__u_ NDTION 1� Councilman Goodspeed to authorize payment of Qaims No, 2381 tl�rough 2656. Seaonded tx Councilmaxi F�.tz�tricik. U�n a voice vate, all voting aye, Nayor Nee c3eclared the motion c�rried unarnmoLLS7.y. 4`._�+ NDTION t� Cbuncilman Barnette to apprwe che estimates as sutruitLeil. B'bnette Cbnstruction 2050 White Bear Avenue St. Paul, NN 55109 Fblice Garage and Storage Faca.lity Partia]. Estimate No. 8 . . . . . . . . . . . . D, H. Blattner & Sans One South Wa}assha Navy Tsland St. Paul, NN 55107 Moore Lake Restorat�.on Pro�ect, Priase II Pa.rt�.al Estlmate hlo. 2 . . . . . , . . . . . Concrete Curb Can�any 771 Lac�bird Lane Burnsville, NN 55337 Nlisc. �ncrete Curb, Gutter and Sidewalk Partial Estimate No. 1 . . . . . . . . . . .. -1� $ 8,600.00 $ 31,350.QD $ 8,540.98 i:r � ,� ��. ui �, • �, � .. Hickok ar�d A�sociates 545 Ind� an P+Iound V7ayzata, Nfi 553�1 R'loore Lake Restoration Pro�ect Phase IT - Tnspection IT PraFessional Servaces Ebr �riod Ending April 30, 1985 ..... $ 98.52 Se�nded 1� Counca.lman E'i��trick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�.on carried unanimousl.y. • . �, • �„ i MOTION k�y Councilman Barnette to ad�ourn the meeting. Seconded by Councllman Fitz�trick. Upon a voxce vote, all voting ape, Nlayor iGee declared the motion carried unanimously anci the Regular Meeting of the Fridl� City Cnimcil of Nlzy 20, 1985 ad-journed at 10:15 p,m. Re�pectfully suhnitted, �z�� Carole Haddad Secretary to the Ca ty (bunczl Agprwed: -16- (,�� William J. N�e P7ayor � ��l_ y-°-,��-'-- � � LJ