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06/20/1994 - 00004501� � � THE MINUTES OF T$E REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 20, 1994 The Regular Meeting of the Fridl�y City Council was called to order at 7:D3 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Council- woman Bolkcom None Mayor Nee stated that the Council has an unusually long agenda this evening, and the meeting is expected to go well into the early morning hours. He stated that the starting time for this meeting was, therefore, moved to 7:00 p.m. rather than 7:30 p.m. Mr. Burns, City Manager, stated that and the required legal postings were change in the time for the meeting. PROCLAMATION• the newspaper was notified, completed to announce the MINNESOTA SPECIAL OLYMPICS DAY - JULY 9, 1994: Mr. Burns, City Manager, read a proclamation which proclaimed July 9, 1994 as Minnesota Special Olympics Day in the City of Fridley. Mayor Nee issued the proclamation and encouraged all citizens to attend the Minnesota Special olympics softball games on July 9 at Community Park. APPROVAL OF MINUTES: COUNCIL MEETING, JUNE 6, 1994: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the mo�.ion carried unanimouslya ADOPTIQN OF AGENDAY Councilman Schneider stated that he wished to add to the agenda the receipt of a petition regarding copper sulfate treatments at Moore Lake. � FRIDLEY CITY COUNCIL MEETINQ OF JUNE 20. 1994 PAGE 2 Councilman Billings suggested that the Open Forum portion of the meeting be held after 7:30 p.m. MOTION by Councilman Schneider to adopt the agenda with the above amendments. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no business. PUBLIC HEARING: response from the audience under this item of 1. CONTINUED PUBLIC HEARING ON PROPOSED TRANSFER OF CONTROL OF CATV QPERATIONS IN FRYDLEY: Mayor Nee stated that this public hearing has been continued from the May 16, 1994 Council meeting. He stated that the City of Fridley has joined with the cities of Bloomington and St. Louis Park for a legal analysis of this transfer� Mr. Clyde Moravetz, Cable Coordinator for the City, introduced � Mr. Brian Grogan, the attorney representing the cities involved in this cable transfer; Mr. Gerry Kazma and Mr. Mark Hammerstrom from Nortel Cable; and Ms. Kim Roden, representing Paragon Cable. Mr. Grogan, the attorney for the cities of Fridley, Bloomington, and St. Louis Park, stated that he reviewed the proposed cable transfer in order to determine if it met legal, technical, and financial qualifications. He stated that the only change locally is that Nortel Cable will now be doing business as Paragon Cable. He stated that Nortel Cable is the current grantee to provide cable services, and it is a limited partnership owned by Countryside Cable and Nortel. He stated that Countryside Cable and Amzak is being purchased by KBLCOM, which is held by Houston Industries, Inc. ' Mr. Grogan stated that after a review of this proposed transfer, he does not find any legal grounds to deny the transfer. xe stated that as to the technical qualifications, KBLCOM operates systems nationally and in the southwest suburbs of Minneapolis. He stated that they have local and national expertise in operating cable systems. Mr. Grogan stated that as to the financial qualifications of the company, he analyzed KBLCOM, Inc. and the amount of capital they can obtain. He stated that a summary of their financial quali£ications is contained in the report to Council. He stated that they are financially qualified and have significant resources available through their parent company, Houston Yndustries. � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 3 Mr. Groqan stated that in regard to the company's operating philosophy, he contacted municipal officials regarding this company's performance and their response to customer service. He stated that all replies were very positive, and they emphasized public service as a strength. He stated that based on the entire review, he would recommend the City approve the transfer, as there are no reasonable grounds to deny it. Mr. Moravetz stated that the Cable Television Commission has reviewed the same report that Council has received, and they voted unanimously to recommend approval of the transfer. Councilman Billings asked Ms. Roden, Director of Public Affairs for Paragon Cable, how many acquisitions Paragon has made over the years. Ms. Roden stated that this is a unique acquisition, as it is a change of control, and Nortel will continue to exist but will do business as Paragon Cable. She stated that KBLCOM itself is the old Rogers Cable System, and all Rogers' systems were purchased by KBLCOM. She stated that KBLCOM also has cable systems in Texas and California. Councilman Billings asked if KBLCOM has asked far concessions in any of the acquisitions. Ms. Roden stated that to her knowledge, they have not asked for concessions in Minnesota. She stated that she really did not know if there were concessions in other states, but she could research that issuee Councilman Billings asked if Paraqon Cable anticipated any requests for changes in the franchise agreement in the next one year to five years. Mse Roden stated that it is Paragon's intent to fulfill the franchise agreement for the next one year to five years. She stated that after this time, depending on federal or state regulations, she could not prediot if they would request any changes, Councilman Billings stated that the franchise agreement in Fridley provides that the cable company repair equipment for fhe Channel 33 communications workshop. He asked if Paragon intended to comply with this obligation. Ms. Roden stated that Paragon would comply with this obligation if it is in the franchise agreement. No other persons spoke regarding this proposed transfer of cable operations in Fridley, _� � � I � FRIDLEY CITY COUNCIL MSETING OF JUNE 26. 1994 PAGE 4 MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:25 p.m. Mr. Grogan stated that the statute requires that once the public hearing is closed, action must be taken within thirty days to either approval or disapprove the transfer of the franchise. Mayor Nee stated that Council normally does not take action at the same meeting the public hearing is held, and this item will be on the Council agenda at the next regular meeting on July 11a NEW BUSINESS: 2. DISCUSSION REGARDING CENTRAL AVENUE BICYCLE PATH: Councilman Schneider stated that two neighborhood meetings were held relative to the proposed plan for a bicycle path on old Central Avenue, He stated that it is proposed that this path be located on the west side of the street. Residents made arguments regarding their preference for this path to be on the east side of the street. He stated that after the neighborhood meetings, residents were advised they would be notified before bids were authorized. He stated that the purpose of this meeting, therefore, is to receive public input before the City advertises for bidse Mr. Flora, Public Works Director, stated that testimony regarding this proposed bicycle path was received at meetings held on April 11 and April 26, 1994. He stated that as a result of these hearings, various City staff inembers met to discuss the input. He stated it was felt that the west side of the street would be the best location for the bicycle path, as it was a straight line and would better connect the reqional system to the City's system. Mr. Flora stated that locating the bicycle path on the west side of the street would reduce the number of street crossings, impact thirteen driveways north of Mississippi Street, and involve some earth moving and landscaping. He stated that there are some trees and lilac bushes that would be affected. He stated that they would try to save some of the trees, however, a retaining wall would have to be built on two properties. Mr. Flora stated that if the bicycle path was located on �he east side of the street, there would be hetter visibility because of the street lights, less earth moving, only ten driveways would be affected, but it would also involve two street crossings and have an adverse impact on businesses at Mississippi Street and old Central Avenue, Councilman Schneider stated that since the neighborhood meetings the commercial property at Old Central Avenue and Mississippi � 1 � FRIDLEY CITY COUNCIL MEETING OF JUNE 20. 1994 PAGE 5 Street is for sale. He stated that if the City could acquire the property, which was a long term goal, that would eliminate the concerns relative to the east side. Ms. Dacy, Community Development Director, stated that there are two lots on the northeast corner of Old Central Avenue and Mississippi Street. That business operates at a zero lot line, and only one of the lots is for sale. Mr. Gregg Hinz, 6600-04 Central Avenue, felt that bids should be received for locating the bicycle path on either side of the street. He felt that the east side would be a better location for the biaycle path, as there would be less impact to the residents, better terrain, and more lighting. Mr. Terry Martinson, 6568 and 6572 Central Avenue, stated that locating the bicycle path on the west side of the street would mean losing about twelve trees and 100 feet of hedge, as well as a need for a retaining wall on two properties. He felt that the driveway situation is extremely bad on the west side, and traffic hours going south on Old Central Avenue between 3:00 p.m. and 5:30 p.m. affect the west side of this street. Mr. Martinson stated that if the bicycle path was on the east side of the street, trees would not need to be removed. He stated that as far as a problem with the businesses on the east side, this is the place where the children ride their bikes. He stated that at the neiqhborhood meetings, the consensus was that no one really wanted the bicycle path, but if it had to go somewhere, they would pre£er it on the east side. He stated that it would be safer to locate the path on the east side, and that is where the population comes from that would use it. He stated that if it was on the east side, it would avoid destroying trees and hedges. He felt that cost should also be a consideration. Mr. Tom Moore, 6580 Central Avenue, stated that he would agree with Mr. Martinson's comments. He stated that there is a very steep slope on the west side of Old Central. He stated that it is difficult to exit their driveway. A bicycle path would make it even more difficult, as they would have to back into the bikeway. He questioned why the residents were not notified when planning began in the 1970's for the bikeway. Councilman Schneider stated that articles were published in the newspaper asking for volunteers to serve on the bikeway/walkway committee. Mr. Moore stated that there are concerns about the increasing crime rate. If a bicycle path was constructed close to his front yard, it would be less secure for his property. ]He stated that he has also watched children trying to cross Mississippi Street and Olci Central Avenue. In heavy traffic, it just cannot be done. � FRIDLEY CITY COUNCIL MEETING OF JUN& 20. 1994 PAGE 6 Councilman Schneider stated old Centiral Avenue, and he on a bikeway rather than on that there are a lot of bicyclists on felt it would be safer for them to be the street. Mr. Dean Saba, 6325 Van Buren Street, stated that he was a member of the bikeway committee. There was a person who lived on Old Central Avenue that was on the committee but who not actively involved. He stated that they advertised for members and tried everything they could to get input from citizens. Mr. Saba stated that he attended state bicycle conferences and found a need to provide safe biking. Ae stated that the City needs to provide safe bike routes to schools and recreation areas. The current on-road bike trails really are not safe. He stated that off-the-road bicycle trails are needed, as it is an issue of transportation as well as safety. He stated that he bikes on Mississippi Street and has never had a problem with the driveways. He stated that there are many adults who wish to bike to worko He urged the City to consider safety as the number one priority. Councilman Schneider asked what criteria staff considered in deciding to construct the bicycle path on the west side of Old Cantral Avenue. Mr. Flora stated that in reviewing the pros for the west side, it � has a straight alignment and provides a regional connection to the east/west. He stated that there are less street crossings as opposed to the east side. He stated that with the commercial development on the east side of the street there is a conflict with vehicles going in and out of the businesses. � Mr. Burns, City Manager, stated that there are additional costs on the west side, but he questioned if it is a difficult engineerinq issue. Mr. Flora stated that it would just involve removing some dirt and installing a retaining wall, which would not be a problem. He felt that on the residential property they would probably not have to remove the larger trees. Possibly five to ten trees may be affected. He stated that south of Mississippi Street there is very little impact, Councilman Billings stated that in recent years, the Metropolitan Council, the Regional Transit Board, and almost every planning agency in the state has been talking about alternative means of transportation, He stated that about two years ago a new advisory committee on bicycles was created, as there is an ever increasing popularity of bicycling by adults. He stated that bicycling is becoming a more popular means of transportation and is something the City needs to address. He stated that he is very supportive of the bikeway system, as he felt there may be an increasing need in the years ahead. � FRIDLEY CITY COUNCIL MEETING OF JONE 20. 1994 PAGE 7 Councilman Billings stated that this proposed bikeway will be located on county right-of-way. Wherever possible, trees will be left and landscapinq replaced. Ae stated that whether the bikeway is located on the east or west side of the street, it was important to provide safe areas for bicycling. Councilwoman Jorgenson felt that having the bikeway on the east side of the street would be safer because of the lighting. There are also fewer obstacles from 69th Avenue to Mississippi Street except a few commercial establishments. She felt that the people that would use the bikeway the most would be on the east side of the street. She stated that she would prefer the bikeway be on the east side down to Mississippi Street and then cross over to the west side. Councilman Schneider felt that the commercial businesses on the east side of Old Central create a dangerous situation, as there are cars garked along this area and persons biking may have to qo into the street to avoid the vehicles. He stated that this is the reason he would prefer the bikeway on the west side of the street, and he feels that safety has to be the primary consideration. Councilman Billings felt that people tend to take the shortest route, and he did not feel they would cross back and forth across � a street just to ride on the bicycle path. He felt that this is another factor to consider and, in providing safe bicycle access, it should be kept as simple as possible. Mayor Nee stated that whichever side of the street the bicycle path is located, the store at Old Central Avenue and Mississippi Street is a destination for residents. He stated that they can use the neighborhood bike path between 66th Avenue and Mississippi Street, but this proposed bicycle path is to move people north and south and to connect to the east/west trail systems. He felt that for the long term, the straight alignment is the best and safest approach. Mr. Scott Lund, President of the Fridley Business Owners, stated that if a bicycle path is constructed along the east side of the street, it would eliminate the parking for those businesses facing Old Central Avenue. He stated that it is a no win situation whether it is located on the east or west side, as the setbacks are close to the street. Mr. Hinz stated that he would agree that residents are parking close to the street; however, the bike path woulcl take away some of the parking. Councilman Schneider stated that there is support for a bikeway on � Old Central Avenue, and the Council is concerned about minimizing impact to the residents. He thanked everyone for attending and for their input. He stated that staff would be given further FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 8 � direction from the Council on this issue at the next regular meeting of the Council on July 11. MOTION by Councilman Schneider to close this informal discussion on the Central Avenue bicycle path. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the discussion closed at 8:47 p.m. PUBLIC HEARINGS (CONTINUEDI: 3. PUBLIC HEARING ON REZONING REOUEST, ZOA #94-02. BY FORREST HARSTAD OF TWIN CITY TOWNHUMES. TO REZONE PROPERTY FROM R-1, SINGLE FAMILY DWELLING. TO R-3. GENERAL MULTIPLE FAMILY DWELLING, TO ALLOW THE CONSTRUCTION OF 46 TOWNHOMES, GENERALLY LOCATED AT 971 HILLWIND ROAD N.E. AND VACATION REOUEST, SAV #94-02, BY FORREST HARSTAD OF TWIN CITY TOWNHOMES, TO VACATE A PORTION OF PROPERTY GENERALLY LOCATED AT 971 HILLWIND ROAD N.E. AND PLAT REOUEST, P.S. #94-04, BY FORREST HARSTAD OF TWIN CITY TOWNHOMES, TO REPLAT PROPERTY GENERALLY LOCATED AT 971 HILLWIND ROAD N.E.: � MOTION hy Councilman Schneider to waive the reading of the public hearing notices and open the public hearinq. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:48 p.m. Ms. Dacy, Community Development Dlrector, stated that this flrst request is for a rezoninc7 of property generally located east of Hillwind Road, north of I-694, and west of Fillmore Street. She stated that the request is to rezone approximately 1.67 acres from R-1 to R-3. She stated that the purpose of the rezoning is to extend the R-3 zoning district to allow construction of 41 condo- minium units and a 5 unit building is proposed on the west side of the site. Ms. Dacy stated that the Planning Commission reviewed this request as to whether or not the development plan meets the R-3 require- ments. She stated that the plan meets the density requirements and other requirements of the R-3 district except £or a variance on Fillmore Street for the front yard setback and a variance to the driveway widths that serve the condominiums. Ms. Dacy stated that the Planning Commission found this rezoning to be compatible with the existing uses and recommended approval subjeot to approval of the vacation and plat requests. � Ms. Dacy stated that the vacation request is to vacate a portion of the Hillwind Road riqht-of-way consisting of approximately one- half acre. She stated that this property was obtained by the City � ' � FRIDLEY CITY COUNCTL MEETING OF JUNE 20, 1994 PAGE 9 as a turnback from the state. She stated that if this vacation is approved, the City would have to deed this piece of property to the petitioner and pass an ordinance declaring it excess. She stated that the Planning Commission recommended approval of the vacation subject to approval of the plat request and recommended that this parcel be combined with the property to be developed. Ms. Dacy s�ated that the plat request was for former Lots 6, 7, and 8, and the vacation of Hillwind Road to be combined into proposed Lot 1 with the dividing line along the middle of the wetland to create an outlot. She stated that because this property is zoned R-3, the Planning Commission was concerned with the development of the outlot; there-fore, the plat was amended to include a five unit condominium proposed for the west of part of the wetland Lot 1 and 41 units to the east. The plat is for one lot now instead of two. Ms. Daay stated that the proposed condominium units would be served by 24 foot private driveways, and both sides of the driveways would be signed "no parking." She stated that there is direct access to four of the eight unit buildings on Fillmore Street. Ms. Dacy stated that condominium units normally generate five daily trips; therefore, this development would generate about 240 trips per day. She stated that there was a traffic count completed. 345 trips were counted at Regis Lane, and 630 trips were counted going north on Fillmore Street. She stated that the traffic capacity of a low volume residential street is approximately one thousand daily trips. She stated that the proposed traffic to be generated would not exceed that capacity on Fillmore Streeto Ms. Dacy stated that during the site plan review staff evaluated three options for another access to the property. She stated that to extend the driveway in the southwest corner to Hillwind Road is not practiaal because of the steep slope. She stated that staff is reluctant to recommend another option to create a driveway over the existing wetland because of the requirements of the new Wetland Conservation Act. She stated that as far as a driveway onto Lot 9, the petitioner does not own this lot. Ms. Dacy stated that the petitioner requested that land be dedicated in lieu of a park dedication fee, She stated that the Parks and Recreation Commission recommended that Council not accept land in lieu of the fee. Ms. Dacy stated that the Planning Commission recommended approval of this plat subject �o nineteen stipulations found in the Council's agenda. She stated that the City Attorney is reviewing the condominium documents. Any corrections or stipulations would be included. Councilman Schneider asked the zoning of the property immediately to the north and south. Ms. Dacy stated that the zoning is R-1 and R-2. � � ' FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 EAGE 10 Councilman Schneider asked how many units would be located on the R-1 partion. Ms. Dacy stated that two 8-unit buildings would be located on this portion of the property. Councilman Schneider asked if there are any requirements for a buffer between the residential zones. Ms. Dacy stated that there were none if only commercial property is involved. She stated that staff worked with the petitioner for increased landscaping along the southeast lot line. Councilwoman Jorgenson asked about the screening requirements between R-1 and R-3. Ms. Dacy stated that there is a screening requirement if there is a parking lot adjacent to the R-1. Councilwoman Jorgenson stated that in order for residents to access this development they will have to use several residential streets in the area. She asked if any other traffic counts were available for some of these streets that may be affected. Ms. Dacy stated that on Hathaway Lane the count was 1,360 trips, and the count was 3,485 trips on Polk Street. Councilwoman Jorqenson stated that the traffic on Hathaway Lane and Polk Street already exceeds the recommended traffic capacity for a residential street. Councilman Schneider asked about the Cityos legal requirement and if it cannot provide a sufficient amount of access. Mr. Herrick, City Attorney, stated that if the existing street system is not adequate, the City would have some obligation to update it. He stated that the property owners have the righ� to develop the property, and the courts would not look kindly that they could not develop because the streets are not adequate. Councilwoman Jorgenson stated that in order to alleviate the traffic situation it would be necessary to have a ramp off I-694 onto Matterhorn Drive, and that would not happen. Councilman Billings stated that to have a ramp onto Matterhorn Drive would only move traffic from Polk Street to Matterhorn Drive. He stated that there are already 2,900 vehioles per day on Matter- horn Drive and 3,400 on Gardena Avenue, These are feeder streets, but it is not always possible to meet the guidelines for traffic capacity. Councilwoman Jorgenson stated that the whole area has a major traffic problem, and the City does not have any alternatives at this time. FRIDLEY CITY COUNCIL MEETIN6 OF JUNE 20. 1994 PAGE 11 � Councilman Billings stated that there is more traffic on these streets than is typical for a quiet residential neighborhood, but he did not think the traffic in the area is a major problem. Councilman Schneider stated that unless the Council is prepared to place a moratorium on development of this property, the traffic situation will always be there. He stated that it really comes down to the density and the need to have a viable development with a minimum density in order to handle the traffic. Councilwoman Jorgenson stated that on the R-2 property directly to the north of this proposed development all the windows face directly toward the eight unit complex. She felt that to have additional screening for these properties, as well as for the residents of the complex, would be helpful. Mr. Forrest Harstad, owner of Twin City Townhomes, stated that he is here to answer any questions from Council and to address some of the concerns raised at the Planning Commission meeting. Councilman Schneider stated that having visited other developments by Twin City Townhomes, he felt that this was one of the finest proposals he has seen as far as construction. He stated that he does have a concern with the density. He stated that the eight � unit is bounded by R-1 zoning to the south and R-2 to the north. He stated that he would be more comfortable if that building were four units or if Mr. Harstad acquired the property on either side. He stated that it seems to violate the City's commitment to the zoning code to have R-3, R-2, and R-1. Mr. Harstad responded that, unfortunately, the way it is zoned today and the intent of the zoning is an attempt to buffer a very high density. He stated that Mr. Frank's home is the oldest in the area, and if it were possible to purchase the duplex and Mr. Frank's home, he would pursue it. He stated that Mr. Frank and he have had many conversations regarding the price, and Mr. Frank could sell his property for more than he can pay for it. He stated that to purchase the property and then tear it down is not viable, He stated that as far as the duplex to the north, it is logical to have a duplex on this property. Mr. Harstad stated that in regard to the density, they have studied what could be constructed without asking for any rezoning or variance. He stated that the key, however, for this project is having enough density to make it viable. He stated that he could not eliminate buildings in order to make it a viable pro�ect at today's market and prices. Councilman Sillings stated that there are two parts to the densityp � the number of units, and the size of the site. He stated that there is another piece of property, Lot 9, immediately to the south. He 5tated that if Lot 9 was purchased from the county and FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 12 � added to the development, it would increase the density. He stated that he wrote a memorandum to Council on this matter and Mr. Harstad should have received a copy. Mr. Harstad stated that he did receive a copy of the memorandum, and his response is that the density beoomes a function of the number of units per acre. He stated that this parcel is 3/4 of an acre, and he questioned if they could add 3/4 more density. He stated that the piece of land happens to be a steep hill and is not worth the amount of money the county wants for it. He stated that to build on that property is prohibitive from a construction viewpoint. He stated that he would not object to purchasing this parcel if he could plat a duplex lot on the northwest corner in exchange. He also stated that possibly the City could purchase this lot for less money and this would place it on the tax rollso Councilman Billings stated that the City's cost to purchase this land would be the same as what Mr. Harstad would have to pay, or $8,300. He stated that the additional green space would have little or no impact on the value of the townhomes and would not really not affect the amount of taxes that could be collected. Mr. Harstad stated that the option of adding units in exchange for adding additional acreage would come from the west side and north � end of the wetland. He stated that the area could conceivably handle additional units; however, the soil is so poor that it is cost prohibitive. Mr. Harstad stated that in regard to the park dedication £ee, the Parks and Recreation Commission made it clear they did not want the land and wanted the dedication fee. Councilwoman Jorgenson stated that she received two telephone calls from residents indicating that they would not attend the meeting this evening, as they felt they were in a take it or leave it situation. She stated that there are a number of persons not here this evening because they felt they have no choice, as it was pointed out at the Planning Commission meeting that considerably more units could be built on this land, Mr. Harstad stated that the reason for bringing this ug was the fact that an apartment complex could be built without going through the public hearing and, frankly, he felt this would he a better development. He stated that if he came across that this was a take it or leave it situation, he apologized because it was not his intention to do so, Ms. Valerie Rolstad, 1100 Lynde Drive, stated that her concerns are that there is just one entrance to the complex, the traffic impact, � and the safety of the children going from the townhomes to the park. She stated that she felt this was a take it or leave it situation and the neighborhood either would get this development or an apartment complex. � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 20. 1994 PAGE 13 Councilman Schneider asked Ms. Rolstad if increasing the density by eight units and an additional access provided on Hillwind Road would satisfy her concerns. Ms. Rolstad stated that she would feel better if there was another access on Hillwind Road. Councilman 5chneider questioned if there would be the same requirements for access if an eighty or ninety unit apartment complex was constructed. Ms. Dacy stated that there is no code requirement, but staff would make a strong statement regarding access, as this would double the amount of units proposed in this development. Mr. Mick Norgren, llbl Regis Lane, stated tihat his concern is the traffic. He stated that with the school and people coming from the apartment complexes, it seems that adding more density would only add to the problem. He stated that he did not think that access onto Hillwind Road would do any good because a person cannot get onto Central Avenue. He recommended that Council deny this proposal. Councilman Schneider asked Mr. Norgren what he could foresee on that property that would not create a traffic problem. Mr. Norgren stated that he felt there should be single family homes on Fillmore Street and possibly a complex on the R-3 property. Mr. Bob Marty, 1140 Regis Lane, stated that he agrees with Ms. Rolstad's and Mr. Norgren's comments. He asked if Lot 9 was purchased by the developer, would a road onto Aillwind Road be possible. Ms. Dacy stated that staff has calculated the slope of the hill but has not done an engineering analysis. Mr. Marty stated that there are a lot of neighbors that did not come to the meeting because �hey felt they were in a take it or leave it situation. He stated that he is opposed to the increased traffic and would lilce to see something done with the road system in that area to oreate a better exit out of the neighborhood. Councilman Schneider stated that a point he would like to make is that if a developer submits a project that meets the R-3 zoning requirements he does not have to come before the Council. Mr. Marty stated that i£ there is only one entry and exit, all the traffic will not go out onto Polk Street. He stated that traffic would also be increased on their street, Ms. Mary Lawrence, 5562 Fillmore cerned about the school with all is difficult to get out of the Regis Lane. She stated that with Street, stated that she is con- the traffic. She stated that it area on Polk Street so she uses the increased traffic, the school � FRIDLEY CITY COUNCIL MEETING OF JUNE 20. 1994 PAGE 14 will have to install a fenae to protect the children on the play- ground, as they do not look when they cross the street. Councilman Schneider asked Ms. Lawrence what she would like to see on this property. Ms. Lawrence stated that she is planning to sell, but she is shocked they are proposing townhomes. Mr. Harstad stated that he flid not blame anyone for being concerned about traffic. He felt that once the land was developed it may actually slow down traffic, and the single access should not be considered a negative point. He stated that this would work like a cul-de-sac, the neighbors would be policing their own street, and this tends to make for slower traffic. He felt that the residents would be happier with townhomes rather than an apartment complex. Mr. Harstad stated that he has worked with a number of cities over the years, and Barb Dacy and Michele McPherson really deserve a lot of credit. He stated that they were very careful to make sure all problems and concerns were on the table, and they have been more than candid and very professional. Councilwoman Jorgenson stated that part of the problem is the � intersection of Fillmore Street and Regis Lane. She stated that this seems to be a very dangerous corner, and she asked if there were any plans to improve this area to straighten out that curve. Mr. Flora, Public Works Director, stated that there are no plans, and the driveway entrance into the proposed development is at the flat spot of the hill. He stated that there is a good line of sight at that particular location. � Councilwoman Jorgenson stated that there is a tendency for ice buildup where the hill £lattens out. She asked if there is something that could be done to alleviate this problem. Mr. Flora stated that possibly more salt could be used to eliminate the ice. Councilman Schneider stated that he would encourage those that did not attend the meeting to call any of the Councilmembers with any points they would like to make which were not expressed at the Planning Commission meeting. He stated that he honestly believes this is the best proposal he has seen for this property. He stated that someone could develop this R-3 property without rezoning and rt may be less desirable than this proposal. He stated that there is nothing that ties the rezoning to this particular proposal, and he would want to be sure there is assurance that the developmen� would proceed if the rezoning is approved. Ms. Dacy stated that the second and final reading of the rezoning ordinance would not be held until the City is assured that the FRIDLEY CITY COUNCIL MEETING OF JIINE 20, 1994 PAGE 15 � project would proceed. 5he stated that the rezoning would also be conditioned on the vacation and plat approvals, MOTION by Councilman Schneider to close the public hearing on Rezoning Request, ZOA #94-02. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:00 p.m, MOTION by Councilman Schneider to close the public hearing on Vacation Request, SAV #94-02. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at lo:oo p.m. MOTION by Councilman Schneider to close the public hearing on Plat Request, P.S. #94-04. Seconded by Councllwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:00 p,m, OLD BUSINESS: 4. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 24, 1994: A. VARIANCE REOUEST, VAR #94-05. SY CHRI5 RODGERS, TO REDUCE THE � FRONT YARD SETBACK FROM 35 FEET TO 22.4 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION, GENERALLY LOCATED AT 6050 6TH STREET N.E. (TABLED JUNE 6, 1994L Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that the peti- tioner, Mr. Rodgers, is requesting a variance from the front yard setback from 35 feet to 22.4 feet in order to add a l0 foot by 22 foot addition to the front of his home for purposes of expanding the kitchen area and entrance. Ms. Dacy stated that at the last Council meeting, Council requested information regarding the properties on the east side of the street and setbacks of other homes in the area. She stated that there are three homes that are not within the 35 foot setback; two are at 28 feet and one is at 3� feet. She stated that Council also requested information on setbacks on West Moore Lake Drive, which has been supplied. Councilman Billings asked if variances were granted for the homes on 6th Street that do not meet the 35 foot setback or if they were non-conforming uses. Ms. Dacy stated that they were non- conforming. � Councilman Billings asked about the setbacks for homes on West Moore Lake Drive. � FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 16 Ms. Dacy stated that these setbacks were at 30.2 feet and 34.7 feet. Mr. Rodgers, the petitioner, stated that his home was re-built in 1965 after the tornado. He stated that the kitchen and the dining room are too sma11, and it is not feasible to move the kitchen to the south or west, as it would either interfere with the sheetrock in the basement or with the plumbing lineso Mr. Rodgers stated that he is proposing a 10 foot by 22 foo� addition, and there is 45 feet from the front of the street to his home. He stated that because the addition would be in the center of �he property, it would minimally affect the line of sight of adjacent properties. Mr. Rodgers stated that the Appeals Commission recommended denial of the variance, as they did not want to set a precedent for the block. He stated that there are several homes on his block that do not meet the 35 foot setback. He felt that the precedent has already been set for the neighborhood and, unfortunately, it has been set illegally. He stated that all the neighbors approve of this variance and have voiced no objectionsa Mr. Rodgers presented data on front yard variances granted by the � City from 1986 to 1993, which indicated that 22.4 feet was about the mean. He felt that his request was not out of line in view of the other variances that have been granted. Councilman Schneider stated that the most severe variance on that street is 28 feeto � Councilwoman Jorgenson stated that Mr. Rodgers had some very nice plans for his kitahen, and she understands the point that others have proceeded illegally. She felt, however, that there were alternatives to minimize the se�back in the front yard and still achieve what he wished with the addition. Councilman Billings stated that with a five foot variance, Mr. Rodgers would have a 13 foot by 15 foot kitohen and dining room combination. MOTION by Councilman Billings to grant Variance Request, VAR #94-05, to reduce the front yard setback from 35 feet to 22.4 feet for property at 6050 6th Street. Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilman Billings, Councilwoman Bolkcom, Councilman Schneider, and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 voteo RECESS• Mayor Nee called a recess at 10:25 p.m. 1 � � FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 17 RECONVENED: Mayor Nee reconvened the meeting at 10:40 p.m Council were present. NEW BUSINESS (CONTINUED L All members of the 5. RESOLUTION NO. 49-1994 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO TOTINO-GRACE HIGH SCHOOL° MOTION by Councilman Schneider to adopt Resolution No. 49-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 220 OF THE FRIDLEY CITY CODE AND ADOPTING A NEW CHAPTER ENTITLED "RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE:" Ms. Dacy, Community Development Director, stated that the purpose of this amendment to revise the rental code, Chapter 220, is to: (1) update and modernize minimum standards for rental dwellings; (2) establish a routine, systematic inspection schedule so that 1,000 units are inspected every year; (3) increase license fees to cover a portion of the inspection service; (4) implement one part of the City's comprehensive housing program which includes rehabi- litation programs; scattered acquisition program; ordinance amend- ments for nuisance abatement, housing, maintenance and rental licensing; establishing an owner/landlord coalition; and (5) to be as equally aggressive as other cities with rental inspection programs. Ms. Dacy stated that this process was initiated six to eight months ago and ordinances from sixteen cities were reviewed. She stated that cities with systematic inspection programs were contacted in order to develop a proposed ordinance. She stated that draft ordinances were reviewed with the owner/landlord coalition and public hearings were held before the Council. She stated that the proposed ordinance was also sent to the apartment owners for comment. Ms. Dacy stated that staff received four letters and six telephone calls regarding this proposed ordinance amendment. The Council also received three more letters from Norma Rust, Lynn Hansen, and Ed Kaspszak. MOTION by Councilman Schneider to receive Rust, Lynn Hansen, and Ed Kaspszako Billings. Upon a voice vote, all voting the motion carried unanimously. the letters from Norma Seconded by Councilman aye, Mayor Nee declared FRIDLEY CITY COIINCIL MEETING OF JUNE 20, 1994 PAGE 18 � Ms. Dacy stated that some of the changes recommended by staff to the draft ordinance are to clarify the definition of maximum oocu- pancy; change the tenant behavior portion to permit the Council to revoke a license for a unit; change the license revocation fee; identify an agent for emergency repairs; inspection notices so that owners are given adequate time and a reasonable hour when these inspections are to be conducted; deletion of an occupancy register; prooedures for failure of an owner to obtain a license; changes regarding ventilation requirements; and changes on complaints in reference to the 24 hour issue. She stated that the ordinance is clear that there is no requirement to complete repairs within a 24 hour period. Ms. Dacy reviewed the proposed rental housing license fees, which would be $25.00 for one unit; $50.00 for two unitsg $75.00 for three units; $100.00 for four units; and $lOD.00 plus $5.00 for each additional unit for five or more units. She stated that this fee schedule would raise approximately fifty percent of the cost to administer the program. Ms. Karen Walders, Lang-Nelson Associates, stated that her company owns and operates fifty units in Fridley. She stated that the fees have increased 165 percent but rents have not increased accor- dingly. She requested that Council phase in the increase in fees � so that rents can ca�ch up with the increased fee structure. Ms. Walders stated that she would like to propose the establishment of a hearing board consisting of an equal number of City staff and landlords that would make recommendations for revocation. She stated that she Pelt this ordinance places the total responsibility on the owner for actions of the tenants; however, this responsi- bility is not shared by the tenants. She stated that as far as revocation of a license, the ordinance refers to three violations; however, the HRA contracts allow for four offenses prior to an owner being able to terminate a contract. Ms. Walders stated that most of the housing stock in Fridley is smaller units. The fee structure hurts these owners the most, as they can least afford the increase. Councilwoman Bolkcom pointed out that just because there are problems in an apartment complex, it does not necessarily mean a license would be revoked. She stated that if an owner is not taking action to correct the problems, the license could then be revoked. Councilman Schneider asked what would constitute a violation. Lt. Herb Zimmerman, Fridley Police Department, stated that there are a number of violations outlined in the ordinance. He stated , that if there is a reported incident, the Police Department would investigate. � L—J � FRIDLEY CITY COUNCIL MEETING OF JIINE 20. 1994 PAGE 19 Ms. Dacy stated that the intent is for the owner to work with the Police Department and, as long as the owner is cooperating, there should not be a problem. Ms. Walders stated that if there is a violation that the HRA considered a minor nuisance and an unlawful detainer was filed on the third complaint, the HRA would not accept it and would not qo to court. Ms. Dacy stated that it is only when an owner completely iqnores a problem that there is an option for Council to conduct a revocation hearing. Mayor Nee stated that he would certainly hope Council would listen to reality from any owner, and he would expect the police would hold the tenant responsible. Ms. Walders stated that she was concerned about the intent of the ordinance, Mr. Johnny Miller stated that he has been in business in Fridley since 1959. He stated that it did not matter how a person runs their business, they are going to have some problems with tenants. He stated that he objects to the owner being held responsible for the tenant and the need for informing the Police Department what he is doing about the problem. Mr. Miller stated that an owner does not put up with bad tenants and stay in business. He stated that he did not like to be held responsible for the actions of his tenants, which may be someone he does not even know. He stated that a lot of tenan�s have guests who are unknown to him, and he did not want to be responsible for them. Mr. Miller stated that he liked the basic idea of the ordinance to keep up the standards, but he cannot take responsibility for actions of others. Councilman Schneider asked Mr. Miller if his primary objection was the language relative to the guests. Mr. Miller stated that he would not be responsible for filing letters with the Police Department, Councilman Schneider stated that the intent is to make it in the owners' interest to screen their tenants so they do not become a problem. Mr. Miller pointed out that he could lose his license if there are several violations. � � FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 20 Mr. Aerrick, City Attorney, stated that if there was a violation and someone committed an offense, the owner is notified. If there is another offense, another notice is sent to the owner. He stated that it is hoped that by that time, the owner will make an effort to correct the situation. He stated that the City is concerned about those owners who do not cooperate and who do not run a good operation. Mr. Miller stated he understands that, but this does not change his mind. Ms. Norma Rust stated that she has no problem with the revocation portion of the ordinance. She stated that she is concerned about the process to get a license reinstated and the fee involved. She stated that this would mean an owner would be paying the fee twice in order to have a license reinstated. Councilman Schneider stated that there are costs involved if the City has to conduct a hearing. He stated that the object of the license fee is to cover the cost of staff time for inspection and procedural hearings. Ms. Rust stated that there is also a cost to the landlord because of the loss of rents. She felt that this section of the ordinance needed to be reviewed. Mr. Brad North, 195 Satellite Lane, stated that he manages buildings in Fridley. The fee is almost tripling, which is a hardship. He felt that it is the owner and landlords responsi- bility to manage and to keep a building clean and well run, but he felt to make them be policemen was unfair. He stated that they do not want problem tenants anymore than the City does. Mayor Nee stated that he understands the police and property owners will work together when there is a problem. Lt. Zimmerman stated that the police would be the ones enforcing the law and would issue citations or make an arrest if it is necessary. Mayor Nee felt that the ordinance is not as severe as some may understand it, Ms. Dacy stated that the Police Department will attempt to enforce this ordinance as consistently as possible. She stated that the ordinance is structured to provide the owner an opportunity to participate in this process. Mr. Ron Dody, Minnesota Multi-Housing Association, stated that they � operate in nine cities that have similar ordinances. He congratu- lated Council attd staff for drafting the ordinance. He stated that it is much better than most of the ones he has seen, � FRIDLEY CITY COUNCIL MEETING OF JUNE 20. 1994 PAGE 21 Mr. Dody stated that as far as the conduct issue, this should be moved to Section 220.D8 under joint responsibilities of occupants and owners. He stated that nuisances are already identified under this section of the ordinance, and this would benefit the landlords if they have to go to court. Ms. Daoy stated that in reviewing ordinances of other cities, they did not take this approach. She stated that if there is another community that has that language in an ordinance, staff would be happy to review it. She stated that the City has taken the position that the owner is ultimately responsible. Councilman Schneider asked the benefit of moving this language to another seotion. Mr. Dody stated it is hoped that if there is a problem, the Police Department would look to the occupant or tenant rather than the owner. Councilman Schneider stated that is the position the Police Department would take anyway. Mr. Herrick stated that he did not have a problem with Mr. Dody�s suqgestion, as he £elt it is a joint responsibility, He stated � that if there is a violation, the City will look to the tenant to correct this activity. He stated that, ultimately, the City will look to the landlord if the problem is not corrected. He stated that there would be a hearing before any license would be revoked, � Mr. Dody felt that it would be beneficial if the coalition could receive monthly reports of incidents reported. Lt. Zimmerman stated that reports are available for any owners or landlords. He stated that, however, they have to abide by the data privacy act, so some portions may not be released. Mr. Herrick stated that the ordinance states that the landlord would be notified when there are incidents or violations of the ordinance. Mr. Dody felt that there should protection devices, as found on these are not a surge protector. be clarification on over-current Page 13 of the ordinance, that Mr. Dody stated that he would also like some board to review the revocation of licenses and to phase in the fee schedule over a four year period. He felt that if the Council really wanted to protect the City, the ordinance should pertain to all housing and not just multiple housing units. Mr. Lynn Hansen stated that he had submitted a letter outlining his concerns. He stated that he is concerned about being responsible � L _ _I ' FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 22 for people he does not know. He stated triat most owners are responsible, and the problem is that they do not know their tenants' guests. Mr. Steve Johnson, Minnesota Multi-Housing Association, stated that his concerns were the issues of tenant behavior, establishment of a review board, and gradual phasing in of the fee structure, as the increase is very extreme. He also felt that single family homes should come under this inspection code. Mr. Robert Duff stated that he owns a double bungalow in Fridley, and he felt that the fee was too high. Ms. Dacy stated that a re-inspection fee is only charged after the second inspection. Councilman Schneider stated that on Page 3, Item 11, Dwelling, One- Family, the words "or more" should be eliminated. Councilman Schneider questioned snow and ice removal, as shown on Page 12, and wondered if this was required of single family home owners. Ms. Dacy stated that she is not aware of a requirement for single family home owners, but this is probably for four or more units. Councilman Schneider asked i£ a person rents his home for several months, if they woulfl have to abide by this ordinance. Ms. Dacy stated that this ordinance does not define a time period. If a dwelling is rented, a license should be obtained. Councilman Schneider asked if a non-resident owner needed to be defined. Ms. Dacy stated that staff's interpretation is that the owner does not live on the premises. Councilwoman Jorgenson stated that Item 5 on Page 15 refers to minimum water heating standards, and there probably should be reference to maximum water heating standards in order to prevent scalding. Counoilman Schneider stated that he would not be opposed to the suggestions of phasing in the £ee schedule. Councilman Billings stated that the City would already be subsi- dizing this program at fifty percent. He stated that the City could begin inspectinq every unit immediately and charge the total cost to tha properties. FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 23 � Councilwoman Jorgenson stated that the fee schedule has already been reduced from what was originally proposed. She also stated that she really did not want to make any changes in the ordinance related to the conduct issue. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilman Billings, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. FIRST READING OF AN ORDINANCE APPROVING A REZONING RE UEST ZOA #94-01. BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR TO REZONE PROPERTY FROM C-3 GENERAL SHOPPING CENTER DISTRICT TO M-1. LIGHT INDUSTRIAL. GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE• Ms. Dacy, Community Development Director, stated that this is a request to rezone 1.4 acres from C-3 to M-1 in order to allow construction of an office/warehouse building for Rite-Way Mobile Home Repair. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson, Upon a voice vote, all voting aye, Mayor Nee declared the motion � carried unanimously. 8. FIRST READING OF AN ORDINANCE APPROVING A VACATION RE UEST SAV #94-01, BY SCOTT LUND AND ALVAN SCHRADER TO VACATE A 15 FOOT DRAINAGE AND UTILITY EASEMENT GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE Ms. Dacy, Community Development Director, stated that this is a request to vacate a 15 foot drainage and utility easement on Mr. Lund's and Mr. Schrader's property. She stated that staff inet with the petitioner and his consulting engineer and reviewed the drainage issues. She stated that they are preparing revised calculations to determine if the fifteen foot swale and pond proposed on Mr. Lund's property can accommodate the runoff. She stated that this information has not yet been received, but it is recommended that Council proceed with the first reading of this ordinance. The second reading would not be held until there are assurances that the drainage can be handled. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 50-1994 APPROVING PLAT P S #94-01 CENTRAL � VIEW MANOR THIRD ADDITION BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE° MOTION by Councilman Schneider to adopt Resolution No. 50-1994 with the following stipulations, attached to the resolution as Exhibit FRIDLEY CITY COUNCIL MEETING OF JUNE 20. 1994 PAGE 24 � A: (1) the peti-tioner shall submit a revised site plan prior to the issuance of a building permit showing a 5 foot hardsurface setback along the west side of the building: (2) the petitioner shall provide additional screening through planting of seven, 6 foot high coniferous trees along the north property line; (3) the petitioner shall construct a minimum 6 foot high screening fence along the west property line. The screening fence shall be constructed of chain link and contain metal slats; (4) outdoor storage shall be permitted if the following conditions are met: (a) the outdoor storage shall occur on a hardsurface; (b) the materials to be stored shall be less than 15 feet in height; (c) the materials to be stored shall not be seen from the public righ�-of- way; and (d) the petitioner shall install a gate with slats parallel to the rear line of the building; (5) the pe�itioner shall submit an amended landscape plan prior to the issuance of a building permit with the followinq changes: (a) underground irrigation shall be provided; (b) the dimensions of the existing trees to be saved shall be indicated on the plan to calculate credit for existing trees; and (c) four additional 6 foot high coniferous trees shall be added to comply with the ordinance. The 7 coniferous trees shall be planted along the north property line for additional screening from the residential district to the north; (6) the petitioner shall submit a revised grading and drainage plan complying with Scott Erickson's memorandum dated Sune � 8, 1994 prior to the issuance of a building permit; (7) if the fence adjacent to the mobile home park is removed, the petitioner shall install a minimum 6 foot high screening fence with slats along the north lot line; (8) a park dedication fee of $1,394.28 shall be paid at the issuance oP the building permit; and (9) this plat approval is contingent on final approval of Vacation Request, SAV #94-01. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. FIRST READING OF AN ORDINANCE APPROVING A ZONING TEXT AMENDMENT. ZTA #94-01, BY WILLIAM TURNER, TO RECODIFY THE FRIDLEY CITY CQDE, CHAPTER 205, ENTITLED "ZONING,1°i3Y AMENDING SECTIONS 205.03. 205.14.1.B. 205.14.1.C, 205.15.1.B AND 205.15.1.C° MOTION by Councilwoman Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilman Schneider. Councilman Billings stated that Item g throughout this ordinance implies that the Anoka County Health Department and the Minnesota Department of Agriculture are the only agencies involved in the licensing. MOTION by Councilman Billings to amend Item g throughout this � ordinance, as follows: "Prior to conducting sales activities, a license shall be obtained from all appropriate agencies, including but not limited to the, Anoka County Health Department, Minnesota FRIDLEY CITY COUNCIL MEETIPG OF JUNE 20, 1994 PAGE 25 � Department of Agriculture, and the City of Fridley in accordance with the requirements of Chapter 32 of the Fridley City Code." Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimouslyo 11. RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMI55ION MEETING OF MAY 4, 1994: A. SPECIAL USE PERMIT. SP #94-06. BY WILLIAM TURNER, TO ALLOW SEASONAL DAILY OUTDOOR SALES OF FOOD (MINI DOUGHNUTS), GENERALLY LOCATED AT 8450 UNIVERSITY AVENUE N.E. (WAL-MART STORE)• MOTION by Councilman Billings to grant Special Use Permit, SP #94-06, with the following stipulations: (1) daily sales of mini doughnuts shall begin on April 1 and end on october 31 of each year. The sales shall be conducted on Fridays, Saturdays, and Sundays; (2) the petitioner shall submit documentation to the Fire Marshall regarding the fire extinquishing system for the deep fat fryer; (3) the petitioner shall obtain a license as required in Chapter 32 of the City Code and comply with the seven standards of the proposed ordinance amendment including obtaining any required approvals from the Anoka County Health Department and the Minnesota Department of Agriculture. The petitioner shall abide by the stip- ulations imposed by the Anoka County Health Department and the Minnesota Department of Agriculture; and (4) this special use permit is for the daily sales of mini doughnuts only; additional sales shall obtain the appropriate licenses or special use permits as governed by the proposed ordinance amendment. Extensions to the sale period shall be approved by the City Council. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye 12. RECETVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 1. 1994: A. SPECIAL USE PERMIT REOUEST, SP #94-03, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE) GENERALLY LOCATED ON THE SOUTH SIDE OF BUFFALO STREET EAST OF RIVERVIEW TERRACE: Ms. Dacy, Community Development Director, stated that Mr. Hedlund has applied for several special use permits to allow construction in the flood fringe district. She stated that this first special use permit is for the site on the southeast corner of Buffalo Street and Riverview Terracee Ms. Dacy stated that these requests have been reviewed twice by the Planning Commission. At the second meeting, the Commission � FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1999 PAGE 26 reviewed engineering plans and received testimony from the neiqhborhood. She stated that the concern on the Buffalo Street site was the accuracy of the survey. Ms, Dacy stated that she has contacted the surveyor, and he has stated that, traditionally, the county markers are not used in preparation of the survey. She stated that the surveyor used other documents on record and found monuments on existing lots, which were used in preparing the survey. She stated that there was an issue whether the easement the City obtained should be calculated as part of the lot area. The City Attorney has affirmed tha� it can be counted as part of the lot area. Ms. Dacy stated that the Planning Commission and the homeowners in the area identified a number of concerns regarding sewer backups and runoff on the property. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit subject to twelve stipulations. Ms. Dacy reported that Mr. Hedlund was leaving the building and did not care if the special use permits were approved or not. Ms. Darlene Brady, 641 Buffalo Street, stated that she lives across the street from this site and is representing many persons who � could not attend because of the late hour. She submitted a petition from the residents directly affected by the proposed construction on these three sites. MOTION by Councilwoman Solkcom to receive Petition No. 5-1994 requesting denial of Special Use Permits, SP #94-03, SP #94-04, and SP #94-05. Seconded by Councilman Schneidere Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Brady stated that the neighboring residents' concerns are the unusual building practices and fill; the advisability of adding new homes due to the threa� of the Coon Rapids dam; sewer backups in the area, and a determination of how many homes have this problem before adding new homes which would compound the existing problem; storm sewer runoff problems caused by drainage from these new homes; the lot area which they believe is only 7,20D square feet and not 7,500 square £eet; and the unusual building practices of raising the homes. Ms. Brady asked the Council not to rush into a decision on these three special use permit requests, which could have ma7or adverse effects on their neighborhood. Mayor Nee asked if Council could conslder the sta�ement by � Mr. Hedlund as a withdrawal of his request for the special use permits. � � � FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 27 Mr. Herrick, City Attorney, stated that if Council is going to deny the special use permits, it has to be done on the basis of fact. He stated that Council could table the items and request Mr. Hedlund to appear at a future meeting. He stated that he would not consider Mr. Hedlund's statement as a request for withdrawal. Councilman Billings stated that if Council denied the special use permits without proper grounds, it may not be unlikely that Mr. Hedlund would commence litigation because the Council was being arbitrary and capricious. He felt that there had to be a finding of fact that the special use permits are not warranted because they have a negative impact on the health, safety, and welfare of the public. Councilman Billings asked if it is normal procedure to include street easements in calculation of the lot area. Ms. Dacy stated that if it is an easement, it is included in the calculation of the lot area. Councilwoman Bolkcom stated that part of the confusion of the neighborhood is that Mr. Hedlund is trying to buy their land. 5he stated that there are some problems with flooding and sewer backups. She questioned if constructing these homes would add to the problems. Councilwoman Jorgenson stated that one issue that she is concerned about is the Coon Rapids dam. She stated that it has some structural flaws and needs replacement. She stated that the area where Mr. Hedlund wishes to construct the homes could possibly flood. Ms. Brady stated that there have been newspaper articles about the dam and the lack of funding for repairs or replacement. Mr. Herrick stated that there is an ordinance stating that an owner can build on these lots if certain criteria are met. He stated that if the City does not want construction on these lots, the ordinance should not be in effect. He stated that as long as the ordinance is in effect, the owner is entitled to a special use permit unless the City can show it would violate the health, safety, and welfare of the community or the people in the area. He stated that if that is the case, the facts have to be determined that substantiate this claim. Councilwoman Jorgenson felt that further information was needed on the structural problems of the Coon Rapids dam and the impact on the City's flood fringe district, should be obtained from the Army Corps of Engineers. Ms. Brady stated that over two years ago the Army Corps of Engineers gave a maximum life of five years for the dam. � � FRIDLEY CITY COUNCIL MEETING OF JUNE 2Q, 1494 PAGE 28 Ms. Brady stated that Mr. Hedlund's drainage proposal is to direct water to the southeast corner of Riverview Terrace which is directly in front of her garage. She stated that she already has standing water there when it rains. With the raising of the lot to construct the new home, it will drain on her property. Mr. Malvern Thompson, 6212 Hillside Drive, Edina, stated that his son owns property next to Mr. Hedlund, and the survey report is not correct. He stated that there is a stake that has been there for 22 years, and this was not used in the survey. Ms. Dacy stated that she talked to the surveyor after the Planning Commission meeting. He verified that he found the monuments on the lot next door, and he would be happy to meet with the owners. Ms. Marjorie Nason, 614 Cheryl Street, stated that her home is the lowest in the area, and they have had sewer backups nine times. She felt that with raising the lots, there would not be any uniformity in the neighborhood. Mr. Clark Nason, 614 Cheryl Street, stated that the cost in damages to his home from the sewer backups is over 53,00o not including the $600 deductible. He stated that he did not think the neighbor- hood's request not to have any new construction was outrageous. He stated that they have a water problem in their area, and drainage comes all the way from Coon Rapids. Mr. Herrick asked if there was any evidence to suggest that con- struction of these new homes would make the sewer problem worse. He stated that it may be better for the City to improve the sewer system rather than deny construction of the homes. MoTION by Councilwoman Jorgenson to table this item to the July 11 Council meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. SPECIAL USE PERMIT REOUEST, SP #94-04, SY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRiCT (FLOOD FRINGE�, GENERALLY I,C?CATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF BROAD AVENUE• MOTION by Councilwoman Jorgenson to table this item to the July 11 Council meetinq. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. SPECIAL USE PERMIT REOUEST, SP #94-05, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE), � GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET WEST OF BROAD AVENUE: MOTION by Councilwoman Jorgenson to table this item to the July 11 Council meeting. Seconded by Councilman Schneider. Upon a voice FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 29 � vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of June 1, 1994. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 13. RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 18, 1994: A. RESOLUTION NO. 51-1994 DENYING A WETLAND REPLACEMENT PLAN. WR #94-01, BY PAUL AARSTAD, PER SECTION 205.27 OF THE FRIDLEY CITY CODE. TO ALLOW FILLING OF A WETLAND FOR CONSTRUCTION OF A SINGLE FAMILY DWELLING. GENERALLY LOCATED AT 5470 EAST DANUBE ROAD N.E.: Ms. McPherson, Planning Assistant, stated that the petitioner is proposing to fill approximately 2,800 square feet of Type 4 wetland located on this site and in an R-1 zoning district. She stated that the petitioner created 1,900 square feet of the same type wetland on Lot 6 and an additional 600 square feet on the parcel north or Lot 5(5490 East Danube Road). � Ms. McPherson stated that the Planning Commission recommended denial of this request based on the following three facts: (1) a feasible and prudent alternative exists which avoids impact to the - wetland; (2) The proposed replacement ratio is less than the 2:1 ratio required by Section 205.27.10.D; and (3) the petitioner £ailed to submit the information required by the statute and local ordinance5. Ms. McPherson stated that at the hearing before the Planning Commission, several neighbors discussed the improper filling of Lot 5. She stated that staf£ has begun a preliminary investigation using aerial photographs which determined that new fill was placed on the lot in 1989. Some additional fill occurred on Lot 6 prior to 1993. She stated that the City's consultant is attempting to locate additional photos to determine what fill occurred after 1986. Ms. McPherson stated that staff recommends that Council adopt the resolution which states the reason for denial of the wetlancl replacement plan. Ms. McPherson stated that the petitioner believes that Exemption 24 from the state statute applies in this case. She then quoted this section. � Ms. McPherson stated that staff has made a determination that this exemption does not apply. She stated the original plat was completed and finalized prior to the July 1, 1986 date outlined in FRIDLEY CITY COUNCIL MEETING OF JUNE 20. 1994 PAGE 3D � Exemption 24. She stated that during the plat approval process, the wetland issue was not addressed and areas o£ fill not clearly " indicated on the plat. She stated that while the City issued a land alteration permit in 1986, a building permit was not issued, and the filling did not occur to the extent the permit allowed. Councilman Schneider asked if additional filling occurred after 1986. Ms. McPherson stated that in reviewing the 1989 aerial photos, there is a clear demarcation from the old iill and new fille She stated that staff is in the process of checking the amount of fill placed there in 1986, so the amount of new fill observed in 1989 photographs can be calculated. She stated that the south edge of Lot 6 was filled between 1989 and 1993. Councilman Schneider asked the City Attorney if he felt the City had a valid case under Exemption 24. Mr. Herrick, City Attorney, stated that he felt the information given by staff is defensible but a good argument can be made that this exemption does not apply. He stated that, however, this is a new statute, and he could not predict the outcome. He stated that he agreed with staff's recommendations and did not believe the � applicant met the requirements of the state statute, as he admitted when this issue was before the Planning Commissione Mr. Paul Harstad, the petitioner, stated that City staff has done an outstanding job and has been very thorough in following through with the state's requirements. Ae stated that their proposal does not meet the 2:1 replacement ratio, but there is no more room to mitigate unless they tear down trees on the property. Mr. Harstad stated that in regard to Exemption 24, the fact that these lots were not developed prior to 1986 is irrelevant, and they are not being allowed to develop them because of a state law. He stated that there were fifteen lots that were exempt from assess- ments. They were considered unbuildable, and these are two of the lots. He asked the status o£ the other thirteen lots. Ms. McPherson stated that of the fifteen lots, four are vacant, and the remaining eleven were built on. She stated of these eleven lots, all but two were developed between 1975 and 1979, Mr. Harstad stated that it appears there are a number of facts that indicate the lots are buildable. He stated that one of those facts is that, in 1986, they acquired a permit to fill both Lots 5 and 6 and at that time, chose to fill Lot 5 to make it �uildable. He stated that due to economic reasons, they chose not to build on � that lot. He stated that there are clearly issues of drainage, and the impact the filling caused to the adjacent property owners. Mr. Harstad stated that Council will either have to approve or deny FRIDLEY CITY COUNCIL MEETING OF JIINE 20 1994 PAGE 31 �this request. If it is denied, Mr. Harstad said that his intent _ is to appear before the state. He stated that they will move ahead and test the constitutionality o£ the Wetland Conserva�ion Act. Councilman Schneider asked Mr. Harstad to address the fillinq other than in 1986. Mr. Harstad stated that from 1988 to 1992 he was out of the state going to school. He did inquire about the filling, and no one in his office honestly knows about it. He stated that Lot 5 was already corrected, and there was no reason to place more fill on that site. He stated that as for Lot 6, it would have been foolish to add more fill when the sub-soil was not corrected. He stated that he is not taking responsibility for the fill dumped on that site. He stated it is unfortunate that it happened, but it is particularly unfortunate that a neighbor saw truoks from his company filling that site. He stated that thay paid a sub- contractor to do some grading. The fill was prabably dumped at the site but not with their permission. Mr. Bob Horeck, 5505 West Danube Road, stated that he is one of about thirty neighboring residents who have been at the last several meetings on this issue. He stated that there are some major problems for several of the neighbors if the wetland is � filled. He stated that prior to 1991 or 1992, they did not have any flooding. He stated that fill was placed on the site in 1986, and that the filling was reasonable and graded. Mr. Horeck stated, however, that in 1992, about 300 cubic yards to 400 cubic yards of fill was dumped. Since that time, neighbors are getting flooded. He stated that in his area, the water is roughly two feet higher. He stated that the filling between 1989 and 1993 happened to both lots. He stated that it was Harstad's trucks that dumped the fill, and he felt i� should be removed at Harstad's expense. Mr. Dault, stated that he is a neighbor to Mr. Horeck, and he said the water table has risen. He stated that their �ack yards have been destroyed by the filling done in 1991 and 1992 and something should be done about it. He stated that the water table before this time was four feet below their back yards, and now it is within two feet. He stated that in heavy rains, water is almost to their back door. Mr. Burns, City Manager, asked the impact of water in their back yards prior to 1993. Mr. Dault stated that �his has only been a problem since the illegal filling. � Ms. Burg, 5557 East Danube Road, stated that since the lots were filled, she has had a constant wet wall in her basement. She � � ' FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 32 stated that if more fill is added the problem will only get worse. She stated that when she inquired about the illegal dumping, she was threatened and told if she did not get off the property she was going to be hurt. Mr. Harstad stated that he did not know whose trucks dumped the fill, as Harstad does not own dump trucks. He stated that it is not clear that if two homes were built on these lots it would adversely affect the drainage. He stated that if they increase the wetland, it would probably improve the drainage substantially. MOTION by Councilman Schneider to adopt Resolution No. 51-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick stated that if the facts show there was illegal filling, the City has options of taking either civil or criminal action under the state statute or under the rules and regulations of the watershed district or local ordinances. He stated that he does not have enough information to show if there were any viola- tions, and staff is currently working on this issue. 14. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 24. 1994: A. VARIANCE REQUEST, VAR #94-04, BY PAUL HARSTAD, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 20 FEET IIS ORDER TO MINIMIZE WETLAND IMPACT AND ALLOW THE CONSTRUCTION OF A SINGLE FAMILY HOME, GENERALLY LOCATED AT 547D EAST DANUBE ROAD N.E., AND TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 25 FEET TO MINIMIZE WETLAND IMPACT AND ALLOW THE CONSTRUCTION OF A SINGLE FAMILY HOME, GENERALLY LOCATED AT 5490 EAST DANUBE ROAD N.E. Ms. McPherson, Planning Assistant, stated that these are variances to reduce the setbacks on two lots to minimize trie wetland impact and allow construction of single family homes. She stated that the Appeals Commission recommended denial of these variances. Councilman Schneider stated that the Appeals Commission and staff are recommending denial of the variances. �asecl on the denial of the Wetland Replacement Plan, WR #g4-Ol, it would make sense to table any action on these variances, until such time as there is a final determination as to whether staff's position on the wetlands is upheld. Ms. McPherson stated that Council can table this item. The petitioner could also construct a smaller home which meets the setback requirements and the 0-4 regulations of the Fletland Conservation Act. Mr. Herrick, City Attorney, stated that the proper action might be to table this request, as he felt action on the variances would be premature without knowing the outcome of the denial of the wetland replacement plan. ------------------------------------------ - �I � � FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 33 Mr. Harstad, the petitioner, stated that a smaller home could be constructed, as mentioned by Ms. McPherson. He did not feel adjacent property owners would want that size home in the area. Ms. Burg, 5557 East �anube Road, stated that the reason the variances are being requested is to give a better argument for bringing in the fill. She stated that there is not a single home built on East Danube Road that has a variance. Mr. Dault stated that the road ourves at these lots. If the vari- ances are granted, it will appear the homes are on the edge of the street. He stated that one of the criteria for a variance is a hardship. Everyone in this neiqhborhood was told that these lots were unbuildable and declared wetlands. He stated that there is no hardship in this case. MOTION by Councilman Schneider to table action on this variance request and to bring back this item to the Council, after final action on the appeal of the denial of the wetland replacement plan, WR #g4-�1, Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. 0 RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 1, 1994 iCONTINUED): SPECIAL USE PERMIT. SP #94-07, BY AMOCO OIL COMPANY, TO ALLOW THE EXPANSION OF AN AUTOMOBILE SERVICE STATION, GENERALLY LOCATED AT 5311 UNIVERSITY AVENUE N.E.: MoTION by Councilman Billings to grant Special Use Permit, SP #g4-07, with the following stipulations: (1) Variance Request, VAR #94-03 shall be approved; (2) two pipe bollards shall be installed at the southeast and northeast corners of the addition in lieu of the five foot separation; (3) the addition shall be painted to match the existing structure: (4) equipment noise shall not exceed the maximum decibels established in Chapter 124 of the City Code; (5) the outdoor storage of materials adjacent to the north lot line shall be discontinued: (6) no parking shall be permitted adjacent to the rear of the building or the addition and the area shall be posted "no parking"; and (7) the dumpster shall be screened from public view. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 24, 1994 (CONTINUEDI: B. VARIANCE REOUEST, VAR #94-03. BY AMOCO OIL COMPANY, TO REDUCE THE SETBACK FROM AN ADJACENT RESIDENTIAL DISTRICT FROM 50 FEET TO 19 FEET AND TO REDUCE THE HARD SURFACE SETBACK FROM 5 FEET TO 0 FEET TO ALLOW THE EXPANSION OF AN AUTOMOBILE SERVICE STATION. GENERALLY LOCATED AT 5311 UNIVERSITY AVENUE N.E.: MOTION by Councilman Sillings to grant Variance Request, VAR #94-03, to reduce the setback from an adjaoent residential district from 50 feet to 19 feet and to reduce the hard surface setback from � FRIDLEY CITY COUNCIL MEETING OF JUNE 20. 1994 PAGE 34 5 feet to 0 feet, with the following stipulations: (1) Special Use Permit, SP #94-07, shall be approved; (2) a five foot hard surface separation sha11 be provided around the addition, except for the installation of concrete bollards at the northeast and southeast corners of the addition; (3) the addition shall be painted to match the existing structure; (4) equipment noise shall not exceed the maximum decibels established in Chapter 124 of the City Code; (5} the outdoor storage of materials adjacent to the north lot line shall be discontinued; (6) no parking shall be permitted adjacent to the rear of the building or the addition; and the area shall be posted "no parking;" and (7) the dumpster shall be screened from public view. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF JUNE 7, 1994: A. VARIANCE REOUEST, VAR #94-06, BY MILLER FUNERAL HOME, TO INCREASE THE AMOUNT OF FREE-STANDING SIGNAGE FROM 80 SOUARE FEET TO 98 SQUARE FEET TO ALLOW THE CONSTRUCTION OF A FREE- STANDING SIGN, GENERALLY LOCATED AT 6210 HIGHWAY 65 N.E.: MOTION by Councilman Schneider to table this item to the next � Council meeting on July 11, 1994. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � B. VARIANCE REOUEST, VAR #94-07. BY HOLIDAY COMPANIES, TO ALLOW THE CONSTRUCTION OF LOADING DOCKS FACING THE PUBLIC RIGHT-OF- WAY. GENERALLY LOCATED AT 250 57TH AVENUE N.E.: Ms. McPherson, Planning Assistant, stated that this is a request for a variance to allow construction of loading docks facing the public riqht-of-way. She stated that the petitioner submitted a letter in response to the stipulations, which indicated they are willing to comply with stipulations one through five, but could not commit to converting the parking lot adjacent to I-694 to green space and landscaping. Councilwoman Jorgenson stated that there are several other areas in the parking lot to the north of the building that need patching, and she was concerned about the overall appearance of the entire parking area. She also felt that the outside appearance of the building was becoming less attractive. Mr. Dean Nikont, representing Holiday Companies, stated that he did not know the status for maintenance on the parking lot. He stated that they certainly wanted the property to have a good appearance, and there is a lot of work being done inside the store. He stated that re-striping and general cleanup is done on an annual basis, and they have a landscaping plan. � � I� FRIDLEY CITY COUNCIL MEETING OF JUNE 20. 1994 PAGE 35 Councilwoman Bolkcom stated that she is also concerned about the outside appearance of the store. MOTION by Councilwoman Bolkcom to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #94-07, with the following stipulations: (1) the pavement in the access area immediately around the loading docks shall be strengthened; (2) the loading dock on the south wall shall be screened by creating a planting bed as drawn on the landscape plan. The planting bed shall include the following materials: (a) 7-6� Black Hills Spruce planted 15 feet on center; (b) two groups of 5-2" caliper Hackberry planted 15 £eet on center; (c) 5-2-1/2" caliper Autumn Purple Ash planted 50 feet on center. The planting bed shall be edged by a six inch concrete curb and shall be sodded and irrigated. These materials shall be installed by October 1, 1994; (3) the petitioner shall submit a phased improvement plan indica- ting the time schedule for improvement of the pavement, repair of the fence, and additional landscapinq along the south and east property lines by July 15, 1994; (4) the petitioner shall submit a bond to cover the cost of the outdoor improveznents for Stipula- tion Numbers 2 and 3 by July 15, 1994. The bond will be held by the City until all the improvements are completed; and (5) a direc- tional signage and pavement marking plan should be submitted by July 15, 1994, to define loading dock access/areas. Signage and paving marking shall be completed by August 1, 1994. Seconded by Councilman Schneider, MOTION by Councilman Billings to amend the above motion by adding Stipulation Na. 6 as follows: (6) petitioner shall submit a plan for general maintenance of the parking areas on the east and north sides of the building prior to July 15, 1994. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. C. VARIANCE REQUEST, VAR #94-08, BY WAYNE DAHL, TO REDUCE THE SETBACK FROM THE TOP OF THE BLUFFLINE OVERLOOKING THE MISSISSIPPI RIVER FROM 40 FEET TQ 1.5 FEET. AND TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD. ALL TO ALLOW THE CONSTRUCTION OF AN 8 FOOT BY 15 FOOT 5TORAGE SHED, GENERALLY LOCATED AT 177 HARTMAN CIRCLE N.E.: Ms. McPherson, Planning Assistant, stated that this is a request for a variance to reduce the setback from the top of the b1uPf line overlooking the Mississippi River from 40 feet to 1.5 feet and to allow the construction of an accessory structure in the front yard. She stated that the Appeals Commission recommended denial o:E this request. She stated that there was testimony given at the Commis- sion meeting from a number of surrounding property owners who were opposed to this variance. FRIDLEY CZTY COUNCIL MEETING OF JUNE 20, 1994 PAGE 36 � Mr. Neal Hayford, 173 Hartman Circle, stated that he was strongly opposed to this variancee He stated that the storage shed should not be built in the front yard. He stated that if it is moved away from the property line to meet the five foot setback requirement, it would be visible to those across the river and canoeists and boaters. He stated that the petitioner has one of the largest lots in the area, there is plenty of room to construct this shed, and he felt there is no hardship. He stated that there were neighbors who were at the meetinq but left due to the late hour. He sub- mitted a memorandum to the Council dated June 20 from property owners at 170 and 185 Hartman Circle in opposition to this variance. MOTION by Councilman Schneider to receive the memo dated June 20, 1444 from the property owners at 170 and 185 Hartman Circle in opposition to this variance. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo Dr. Dahl, the petitioner, stated that this structure is a small storage shed, 8 feet by 15 feet. Ae stated that he is requesting the variance because he has no other alternative. He stated that the structure will be completely screened and totally invisible. He felt that the location he chose is the most discreet. � Dr. Dahl presented photographs of accessory buildings along the Mississippi River, which are visible to boaters. He stated that the DNR has a different definition of bluff line. He presented a letter from Mr. Hovey, Hydrologist, with the DNR. Mr. Hovey indicated in his letter that the DNR has not typically considered storage sheds as structures requiring setbacks if they are without foundations, no grading is required for their placement, and they are 200 square £eet or less in size. Dr. Dahl stated that if the storaqe shed was placed on the east side o£ his home, it definitely would be very visible from the street and would be about 120 feet from his existing driveway. He stated that this would make it less accessible and would be directly in front of his neighbor's kitchen window, ]He stated that if it was located in back of the home, it would also require a variance from the bluff line. Dr. Dahl stated that he wanted to construct a larqer storage shed five years ago, but there was opposition. He stated that he has spoken with several neighbors, and they do not have any problems with it, He stated that the odd shape of his lot does not allow him to place the shed elsewhere on the property. Mayor Nee stated that he felt eighty percent of the residents who � live on the river will have a need for a variance. He stated that the DNR agrees that if the goals of the critical area are met, they would consider supporting a variance if it is approved by the City. � FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 37 He stated that this definitely is an odd lot, and there is nothing that could be built behind the home. Mayor Nee stated that the petitioner pointed out that he felt the variance should be granted on the basis that the shape of the lot is unique and because the home is set so far back on the property. He stated that if the home was set back 35 feet, �hen this struc- ture could be placed in the back yard. Ms. Connie Lane, 173 Hartman Circle, stated that she is concerned about the DNR regulations. She felt that variances along the river should not be given for storaqe sheds. She stated that she has no objections to Mr. Dahl having a storage shed, but it does not need to be next to her lot or on the bluff line. She stated that the lot is larqe, and there is no problem with space to construct this storage shed. Mayor Nee asked Ms. Lane if the structure was screened, if this would be satisfactory. Ms. Lane stated that her biggest objection is that it is along the river and within the bluff line setback. Mayor Nee stated that he noticed that someone has cut down a lot � of trees on Ms. Lane�s lot, and that sort of thing is what the DNR will enforce. He stated that up and down the river there will be residents that have some conflict with the critical areas. He stated that those living along the river should be concerned that they are not penalized by having this designation on their property. He felt that the key issue was if this shed was in a visible spot. He felt that it is not. � Dr. Dahl stated that there is no way the storage shed can be placed in the rear yard, as there is a thirty degree incline, MOTION by Councilwoman Bolkcom to concur with the recommendation of the Appeals Commission and deny Variance Request, VAR #94-08. Seconded by Councilman Schneider. Upon a roll call vote, Council- woman Bolkcom, Councilman Schneider, and Councilman Billings voted in favor of the motion. Mayor Nee and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a three to two vote. 18. RECEIVE BIDS AND AWARD CONTRACT FOR CONCRETE STREET REPAIR - NORTH/SOUTH INNSBRUCK AREA, PROJECT N0. ST. 1994-7: Mr. Flora, Public Works Director, stated that five bids were received for this improvement project, and Progressive Contractors, Inc. was the low bidder at $253,400. Ae stated that i� is reoommended that the contract be award to them. L �I � � FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 38 MOTION by Councilman Schneider to receive the following bids for concrete street repair, north/south Innsbruck area, Project No. ST. 1994-7: Bidder PCI, Inc. 8736 Zachary Lane Osseo, MN 55369 Arcon Construction P.O. Sox 57 Mora, MN 55051 Thomas & Sons 13925 Northdale Blvd. Rogers, MN 55374 Advanced Concrete, Inc. 1143 Rlverwood Drive Burnsville, MN 55337 Div 3-5-7 Specialties 7670 Hwy 65 N.E. Fridley, MN 55432 Total bid $253,400 $349,900 $356,190 $389,400 $510,975 Seoonded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that this is a maintenance improvement, and there would be no cost assessed to the property owners. MOTION by Councilman Schneider to award the contract for Street Improvement Pro�ect, ST. 1994-7 to the low bidder, Progressive Contractors, Inc. in the amounti of $253,400. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye Mr. Flora stated that staff has published an article in the Focus News and will submit letters to the affected property owners when this work is done in their area. 19. RESOLUTION NO. 52-1994 ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR THE COMMON5 PARK SHELTER, PROJECT N0. 267: Mr. Kirk, Director of Recreation and Natural Resources, stated that this shelter at Commons Park is in the 199� Capital Improvement Plan. He stated that it would be similar to the one at Flannery Parlc but a little larger. He stated that it would contain rest- rooms and an open space area that can be utilized for the summer playground programs, as well as used for a number of after school programs. He stated that there would also be an open picnic shelter adjacent. � �I i� � FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 39 MOTSON by Councilman Billings to adopt Resolu�ion No. 52-1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. INFORMAL 5TATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 21. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claim Nos. 56013 through 56318. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo 22. LICEIVSES: MOTION by Councilman Billings to approve the license as submitted and as on £ile in the License Clerk's Office, Seconded by Council- man Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Bonine Excavating, Inc. 12669 Meadowvale Road Elk River, MN 55330 64th Avenue Storm Water Project No. 260 FINAL ESTIMATE . . . . Barna, Guzy & Steffen, Ltd, 400 Northtown Financial Plaza 200 Coon Rapids Blvd Coon Rapids, MN 55433 Improvement Statement for Services Rendered as City Attorney for the Month of May, 1994 . . . . . . . . . Innovative Irrigation 10006 University Avenue N.W. Coon Rapids, MN 55448 Corridor Maintenance Project No. 266 Estimate No. 2 . . . $12,662.74 $ 3,425.52 $ 3,192.95