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08/15/1994 - 00004603� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 15, 1994 The Regular Meeting of the Fridley City Council was called to order at 7:35 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' MEMBER5 PRESENT: MEMBERS ABSENT PROCLAMATION- Mayor Nee, Councilwoman Jorgenson, Councilman Billinqs, Councilman Schneider and Councilwoman Bolkcom None FOURMIES LIBERATION DAY, SEPTEMBER 2, 1994: Mr. Burns, City Manager, read this proclamation proclaiming the 50th Anniversary of the Liberation of Fourmies, France, the City of Fridley's Sister City. Mayor Nee issued the proclamation and extended congratulations to the citizens of Fourmies, along with best wishes for many more generations of peace, prosperity, and freedom. He stated that the French flag will be flown at the Municipal Center for a week commenc�ng September 2, 1994. APPROVAL OF MINUTES: COUNCIL MEETING. AUGUST 1, 1994: MOTION lay Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. AD6PTION OF AGEPdDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this rtem of business. � � FRIDLEY CITY COUNCIL MEETZNG OF AUGUST 15, 1994 PAGE 2 OLD BUSINESS: l. VARIANCE REQUEST, VAR #94-11, BY NEW HORIZON CHILD CARE, TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD IN ORDER TO ALLOW THE CONSTRUCTION OF A PLAY AREA IN THE FRONT YARD, GENERALLY LOCATED AT 1202 EAST MOORE LAKE DRIVE N.E. fTABLED AUGUST l, 1994): Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this variance is for New Horizon Child Care at the Moore Lake Shopping Center. She stated that New Horizon Child Care is proposing to occupy the westerly tenant space in the shopping center to operate a day care center. She stated that the petrtioner's original proposal was that the playground be located in the front yard setback area. Ms. Dacy stated that at the last Council meeting, Council expressed a number of safety concerns about the location of the play area, and they requested that the petitioner revise the site plan. She stated that the site plan has been revised, and the playground equipment will be located immediately ad�acent to the west end of the building. She stated that the parking lot would be revised, the driveway would be modified, and a stop sign reinstalled. She stated that she believed, with the new site plan, that the tratfic pattern is actually improved and that it better defines the inter- section. She stated that based on the revised site plan, staff recommends that Council approve the variance subject to stipula- tions, which she outlined. Councilman Schneider asked if the concrete curb would be replaced along the entire fence line. Ms. Dacy stated that she understands everything would be lined with concrete curb and gutter. Mr. Blumentals, architect for New Horizon Child Care Center, stated that there is no question that there will be a concrete curb. He stated that he wished to recognize Councilman Billings' suggestions which were used in preparation of the revised site plan. Councilman Schneider stated that this site plan is much better, and he is pleased with the chanqes and felt it was an excellent proposal. He stated that his concern was for safety and aesthetics, and these issues have been addressed. Councilwoman Jorgenson stated that she was pleased the petitioner was able to locate the play area adjacent to the day care center. She felt that this would be beneficial for both the day care center � and the children. Councilman Billings stated that he would be hard pressed to find anything against the proposal. � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 3 MOTION by Councilman Schneider to concur with the Appeals Commis- sion recommendation and grant Variance Request, VAR #94-ll, by New Horizon Child Care, with the following stipulations: (1) the peti- tioner shall relocate and replant the existing evergreen trees in the front yard setback, and replace the concrete curb around the setback area; (2) if the tenant abandons the tenant space, the play structure and the hard play surface shall be removed and replaced with sod; (3) the petitioner shall contact the Public Works Depart- ment and review the proposed construction methods around the fire hydrant and over the storm sewer line; (4) reinstall the stop sign in the front yard setback area; and (5) a concrete curb shall be installed along the driveway and the playground. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 2. PRESENTATION OF THE 1995 PRELIMINARY DRAFT BUDGETS: Mr. Pribyl, Finance Director, presented the 1995 preliminary draft budgets in accordance with Chapter 7 of the City Charter. He stated that the 1995 budqet reflects a 1.7 percent increase over 1994. He stated that the General Fund increased 6.5 percent, while all budgeted funds, which includes the Enterprise Funds, reflect a 3.7 percent increase over 1994. He stated that the budget does not include any property tax levy increase. Councilman Schneider asked what funds would be used to cover the increase. Mr. Pribyl stated that revenue from user fees or fund balances from other years would cover the proposed increase, Councilwoman Jorgenson asked Mr. Pribyl to explain the Enterprise Funds £or the public's information. Mr. Pribyl stated that these were the water, sewer, storm water, and liquor funds. Mr. Burns stated that even though there is no increase in the property tax levy, it is possible that the appraised value of property may increase which would, in turn, affect the property tax. MOTION by Councilman Schneider to receive the 1995 preliminary draft budgets. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. RESOLUTION NO. 65-1994 DESIGNATING POLLING PLACES AND APPOINTING ELECTION SUDGES FOR THE SEPTEMBER 13. 1994 STATEWIDE PRIMARY ELECTION: Mr. Pribyl, Finance Director, stated that this resolution desig- nates polling places and appoints election �udges for the primary � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 4 election on September 13, 1994. He stated that an increase is requested for the judges from $6.00 to $7.00 per hour and from $7.00 per hour to $7.50 per hour for the head judges. He stated that the County is subsidizing a portion of the increase to attract qualified judges. He stated that it is becoming difficult to obtain election judges, and some of the judges have been involved with the elections for many years. He stated that it is hoped the increase will help in recruiting judges. He stated that anyone interested in becoming an election �udge may contact him. MOTION by Councllman Schnelder to adopt Resolutlon No. 65-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. FIRST READING OF AN ORDINANCE APPROVING A REZONING REQUEST, ZOA #94-02, BY FORREST HARSTAD OF TWIN CITY TOWNHOMES, TO REZONE PROPERTY FROM R-1, SINGLE FAMILY DWELLING TO R-3, GENERAL MULTIPLE FAMILY DWELLING TO ALLOW THE CONSTRUCTION OF 41 TOWNHOMES, GENERALLY LOCATED AT 971 HILLWIND ROAD N.E.: Ms. Dacy, Community Development Director, stated that this property is located at the end of Polk Street, on the east side of Hillwind Road, and extends to Fillmore Street. She stated that the property is currently zoned R-3 and R-l. She stated that ad�acent zoning and uses to the north are R-2 and public zoning to the west where the wetland is located. She stated that there is an R-3 zoning to the northwest for the existing apartments. To the south is the Western Ridge Estates plat and eight townhomes which are zoned R-2. She stated that to the east and northeast of the site is a mixture of single family uses and North Park Elementary School. Ms. Dacy stated that at the public hearing, it was suggested that the petitioner purchase Lot 9 of Auditor's Subdivision, and she understands that this has been done. She stated that the total site is 5.87 acres, and 41 condominium units are proposed to be constructed east of the wetland area. She stated that to the west of the wetland, the petitioner is proposing to construct a five- unit buildinq on Hillwind Road and to create a separate lot for a duplex. Ms. Dacy stated that the petitioner submitted a plan which showed that this parcel could accommodate a six story apartment building containing 104 units. Ms. Dacy stated that the proposal is to rezone 2.12 acres from R-1 to R-3. About 3.75 acres of the property is already zoned R-3. She stated that in reviewing this rezoning request, the Planning Commission determined that the proposal is consistent with the R-3 requirements, and all conditions are met with exception of the variance. She stated that the Appeals Commission has recommended approval of the variance request. She stated that the zoning and use is consistent with ad�acent uses with the exception of the FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 5 � Frank home. She stated that North Park Elementary School provides separation from the single family area to the east and similar units abut this site to the north and south. Ms. Dacy stated that the Planning Commission recommended approval of this rezoning request with four stipulations, three of which relate to approval of the variance, vacation, and the plat. Councilman Schneider stated that access was an issue, and he asked if there was any further information. Ms. Dacy stated that staff reviewed the advantages and disadvan- tages of constructing a drive through Lot 9. She stated that the advantage is that it would provide a second access to the develop- ment. She stated that, however, of concern is the safety and design of the roadway. If a driver does not respond quickly enough, a car could continue off the drive and over the retaining wall that is necessary. She stated that there would be a tight turn off of Hillwind Road. During icy conditions, this may create an unsafe condition. She stated that the slope would be 10.5 percent and for safety purposes, driveway grades should be less than ten percent. She stated that staff felt that the safety issues out-weigh the advantage of a second access. She stated that 37 units will be served from the access to Fillmore Street, but � that is not excessive. Mayor Nee asked how traffic from this development interacts with other traffic in the area. Ms. Dacy stated that the main access is on Fillmore Street, and motorists would probably use Polk Street or Regis Lane to exit the area. She stated that about 240 trips per day would be created by this development. The normal capacity is 1,000 trips, so it would not overburden the local streets. She stated that during the morning peak hours, traffic is backing up on Polk Street and testi- mony from the public hearing is that motorists use Matterhorn Drive to Gardena Avenue in order to avoid that intersection. Councilwoman Jorgenson stated that there were 3,400 cars a day that go out on Polk Street and 1,500 on Lynde Drive. She stated that there are about six hundred cars a day on Regis Lane to Matterhorn Drive. Ms. Dacy stated that at Old Central and Hathaway Lane, it is over three thousand vehicles per day. She stated that on Fillmore Street and Regis Lane the traffic counts are below the one thousand trips per day. She felt that the concern is the congestion at Hathaway Lane and Old Central Avenue. � Councilman Schneider stated that if this property is developed as it is now zoned, even by conservative figures, there would be the same number of units. He questioned what steps the City could take to provide better access. � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 _ PAGE 6 Councilwoman Jorgenson stated that because of the close proximity to the I-694 access ramps, there 1s not a lot that can be done to improve the traffic. She stated that she is not sure if there is more traffic from single family dwellings or townhomes. Ms. Dacy stated that the traffic is about the same for either apartments or townhomes. Mayor Nee asked if the sewer and water lines in the area were capable of handling this development. Mr. Flora, Public Works director, stated that the sewer and water lines are sufficient to handle this proposed development. Councilwoman Jorgenson stated that there is a high water table in this area. Most of the homes on Lynde Drive have sump pumps, but she believed there would be sufficient space on this site for panding. Councilwoman Jorgenson stated she would prefer that the zoning remain as R-1 and that single family homes be constructed to maintain the character of the neighborhood. She stated that she did not believe it would be economically feasible to construct a six story, 104 unit apartment building. Councilman Schneider stated that he would concur with Councilwoman Jorgenson's opinion. However, if it is not possible to develop this property as R-1, he wondered if the City would be better off with a forty unit rental building as opposed to 40 owner-occupied units. He stated that this area is intensely developed now with apartments. Councilwoman Jorgenson stated that she did not know if these town- homes would remain owner-occupied. She stated that other townhomes in the City have now become rental units. Councilman Schneider stated that because of the townhouse associa- tion, the units have to be properly maintained whether they are rentals or owner-occupied. Mr. Forrest Harstad, the petitioner and developer, stated that he would like to address the concerns about owner-occupancy. He stated that he would like to live in these townhomes, He said that they will be of the same value as single family homes. He stated that the townhomes are self-policing, and it is especially true when this is a neighborhood community which tends to occur with this cul-de-sac design. Mayor Nee asked if a 104 unit apartment building was constructed, would there would be more residents than in the townhomes� Mr. Harstad stated that these townhomes are sold predominately to single persons. He stated that only about one-third are couples, � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 7 and less than five percent of the units have one or two children. He stated that he really did not know if there would be a higher density in an apartment complex. Mayor Nee stated that the average density in the townhomes would be about 1-1/2 to two persons per unit. Ms. Claire McKinley, 1010 Lynde Drive, stated that she has no ob7ection to the townhomes, but the traffic pattern is terrible in that area. She stated that she understands that the residents living in the more expensive homes on Matterhorn Drive would not be pleased with the additional traffic. She stated that traffic is heavy on Gardena Avenue, especially when school is in session. She stated that she would like something done with the street pattern. Mr. Norman Rausch, 1031 Lynde Drive, stated that the intersection at Highway 65 and Hathaway Lane is conqested now, and she cannot imagine what it will be like with additional traffic. She stated that there is always concern about the flooding situation. Councilman Schneider stated that eventually something will develop on this parcel. He asked Mr. Rausch if he felt this development proposal is reasonable. Mr. Rausch felt it is acceptable, if something is worked out regarding the intersection. Councilman Schneider stated that he does not know if this is possible, but the situation that exists now is that someone could construct a 104 unit apartment building on this site. He stated that Council can approve this development or gamble on a future situation. Councilman Schneider stated tha� there was some discussion about modification of the zntersection at Aighway G5 in con�unction with development of the Lake Pointe site. Mr. Flora stated that the design was to improve Hillwind Road and to allow traffic to use Hillwind Road all the way to Hathaway Lane. He stated that the design allowed for two left hand turns and one right turn. He felt that the improvement would benefit this intersection. He stated that the improvement was tied in with the Lake Pointe development. Councilwoman Jorgenson felt that perhaps not allowing a right turn on red at this intersection would help the traffic congestion. She stated that, as it is now, this is only in effect durzng certain hours. Mr. Flora stated that the City would have to make a request to the Minnesota Department of Transportation to determine if this would be allowed. FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 8 ' Mr. A1 Fehn, developer of the Western Ridge Estates development, stated that there seems to be a feeling that Mr. Harstad's develop- ment has too much density, He stated that he is in £avor of the proposed project as proposed, but he wondered if it may be possible to reduce the density. He felt that perhaps the quality of the units could be upgraded and the density reduced. Mr. Harstad stated that because of the demographics of this piece of property, they have concluded that a more expensive unit is not viable on this parcel of land. He stated that he would not con- struct the duplex if he would not have to purchase Lot 9. Councilman Schneider stated that in the past, he stood firm in denying a rezoning at Highway 65 and Mississippi Street. Even- tually single family homes were developed on the site; however, that property was zoned exclusively R-l. He felt that in this case both the City staff and the developer concur that an apartment building is very viable on the R-3 property. He stated that given these facts, he felt the townhomes are certainly an excellent de- velopment and the best proposal he has seen for the property. He felt that the traffic issue needed to be resolved in a more com- prehenszve manner. MOTION by Councilman Schneider to waive the reading and approve the � ordinance on first reading, wrth the following stipulations: (1) Variance Request, VAR #94-02, shall be approved; (2) Plat Request, P.S. #94-04, shall be approved; (3) Vacation Request, SAV #94-02, shall be approved; and (4) the rezoning request is contingent upon the site plan dated June 23, 1994 as submitted by the petitioner. Seconded by Councilman Billings. Upon a voice vote, Councilman Schneider, Councilman Billings, Councilwoman Bolkcom, 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 vote. 5. FIRST READING OF AN ORDINANCE APPROVING A 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.: Ms. Dacy, Community Development Director, stated that this vacatlon request is to vacate a portion of Hillwind Road that was part of a turn-back. She stated that the size of the area to be vacated is 30,439 square feet. Ms. Dacy stated that the Planning Commission recommended approval of the vacation request sub�ect to combining this area with the rest of Mr. Harstad's development, which the plat accomplishes. � Councilman Schneider asked how the property is conveyed to the developer, Mr. Harstad_ � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 9 Ms. Dacy stated that once the City vacates the property and actu- ally owns it, it has to be declared excess in order for it to be conveyed. She stated that in another case, directly adjacent to this property, a portion of the right-of-way was vacated in order to be added to a development. She stated that it was her under- standing that there was no charge for the conveyance. Mr. A1 Fehn stated that he received vacated right-of-way which was added to his development, Western Ridge Estates. He stated that he did not pay anything for the property. It was simply a matter of being willing to assume the responsibility for the property. He stated that the amount he received was about 10,000 square feet. Councilwoman Schneider stated that he did not have a problem if the property can be legally conveyed. Mr. Gregg Herrick, Assistant City Attorney, stated that the City owns the parcel and can do what they want with it, He stated that it could be sold to the ad�oining property owner. Councilman Billings asked what the procedure would be if this was typical right-of-way in the City for an alley or street that was vacated. Ms. Dacy stated that the ordinance process would be completed to declare it excess, and the vacated portion would be added to the abutting property. Councilman Billings there is a vacation, property at no cost. stated that under normal circumstances where the vacated parcel would go to the ad�oining 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. 6. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (TWIN CITY TOWNHOMES): MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded 6y Councilman Billings, IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION APPROVING PLAT REOUEST, P.S. �94-04, BY FORREST HARSTAD OF TWIN CITY TOWNHOMES, TO REPLAT PROPERTY GENERALLY LOCATED AT 971 HILLWIND ROAD N.E.: Ms. Dacy, Community Development Director, stated that this plat would create three lots. She stated that the stipulations for FRIDLEY CITY COUNCZL MEETING OF AUGUST 15, 1994 PAGE 10 � approval of the plat are divided into two main areas, as the City Attorney's office has advised that the City enter into a develop- ment agreement, and certain information should be included in the condominium declaration. Ms. Dacy stated that because of the change in the plat from the June 20, 1994 Council meeting with the addition of the two-unit building, staff completed another review. She stated it is recom- mended that a cul-de-sac be constructed at the end of Polk Street to provide access to the two-unit building. She stated that it is her understanding that the cost for constructing the cul-de-sac would be $30,000 to $35,000, and the petitioner does object to this requirement. Mr. Flora, Public Works Director, stated that the primary purpose of the cul-de-sac is to provide a turn-around for plows and emer- gency vehicles. Councilman Billings stated that the real estate office would probably have as great or a greater benefit than the Harstad development. He questioned if it is appropriate to have the developer incur these costs or to accomplish the improvement through an assessment pro�ect. � Councilwoman Sorgenson felt that this probably should be accom- plished through an assessment pro�ect. Mr. Harstad, the petitioner and developer, stated that he believes the cost for the cul-de-sac is exorbitant. He stated that the City is now plowing snow to the east side of the street, and this will still exist. He felt that Sundial Realty would prefer to have the snow pushed off to the side rather than pay for the cul-de-sac. He stated that he would rather not build the duplex. If the cul- de-sac is necessary, he felt that the City should pay sixty percent and he should �ay forty percent of the cost. Councilwoman Jorgenson stated that at some point in time, the cul- de-sac may be needed, and she believed the real estate office would benefit from this improvement. Mr. Harstad felt that this option should be left open when redevel- opment occurs. He stated that the duplex could not be built until such time that this is addressed, and he could not viably build those two units because of the bad soil conditions. He stated that the parcel will not be developed in the near future because of the cost to prepare the site. Mr. Flora stated that the developer can petition the City for the � street when he wishes to construct the duplex Ms. Dacy stated that if the Council approves the plat, it is sub- �ect to the Anoka County Recorder's Office and Surveyor's office � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 11 approving the final mylars. She stated that when this is completed, it will be brought back to Council so that the final plat may be reviewed. Councilman Schneider asked Mr. Harstad if he would provide the necessary right-of-way for the cul-de-sac. Mr. Harstad stated that he would gladly provide the right-of-way, but at that time, he may have a problem with setbacks. Councilman Billings asked if an easement for the right-of-way would affect the setbacks. Ms. Dacy stated that it would not. Councilwoman Jorgenson asked if there was additional landscaping proposed to screen the home directly north of this development. Ms. Dacy stated that this was considered in the landscaping, and spruce trees would be planted. Councilman Billings stated that he would suggest that language be added to Stipulation No. G that "prior to requesting a building permit for the duplex at the end of Polk Street, the petitioner shall petition the City for construction of said cul-de-sac and assess costs to benefitting properties.1° He stated that it would be the intent that the duplex be constructed whether or not the City Council, at that time, wishes to construct the cul-de-sac. Ms. Dacy stated that Stipulation No. 10 referring to Outlot A was a carry-over from the Planning Commission meeting. She stated that Outlot A is no longer created, and this stipulation could be deleted. Mr. Harstad stated that in reference to Stipulation No. 1 (D) , pertaining to the number of trees to be preserved, he felt the size of the trees should be clarified and the area should be defined. Ms. Dacy stated that the original intent of that stipulation was to set limits of the grading, as it affected the edge of the wetland. She felt that the stipulation could be amended to say "the grading plan shall be amended to indicate the trees to be preserved in consultation with the City's planning staff." Mr. Harstad questioned the letter of credit covered in Stipulation No. 1(G) and Stipulation No. 7 and asked if two letters of credit needed to be provided. Ms. Dacy stated that only one letter of credit was needed. MOTION by Councilman Schneider to adopt Resolution No. 66-1994, with the stipulations attached as Exhibit A, as follows: (1) the � petitioner shall enter into and record against the property a development agreement with the City. The development agreement shall include and the petitioner shall comply with the following FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 12 � stipulations: (A) a stop sign shall be placed at the intersection of the private drive with Fillmore Street; {B) the grading/ drainage/erosion control plan shall consider the storm water from the Western Ridge Estates development to the south. Revised drainage calculations addressing the entire drainage area, in- cluding the units adjacent to Polk Street and Hillwind Road shall be submitted. The calculations shall be signed and stamped by a Registered Engineer; (C) the petitioner shall obtain a permit from the Rice Creek Watershed District prior to the issuance of a building permit. The petitioner shall comply with the requirements of the district permit; (D) the grading plan shall be amended to indicate the number of trees to be preserved; (E) the landscape plan shall be revised to provide fifteen six-foot evergreen trees. Underground irrigation shall be provided along the R-1 property (5512 Fillmore Street). Ten slx-foot Black H111s Spruce trees shall be planted along the north lot line; (G) the petitioner shall submit a letter of credit in the amount of three percent of the construction value, not to exceed $60,000, to cover the outdoor improvements; (H) the utility lines shall be designed according to the City of Fridley standards and requirements. The City shall inspect the construction of the utilities. A plan and profile drawing of the sanitary sewer shall be submitted; (I) Based on the review of the submitted grading, drainage, and utility plans dated June 23, 1994, the following information shall be submitted: (1) � a rocked entry point will need to be installed for access and egress during construction. Provide a detail of such on the plan; (2) clearly show the water and sewer services for the buildings adjacent to Hillwind Road and Polk Street. Clearly note size and location of existing mains; (3) modify the 15-inch RCP pond inlet so it directs the flow of water toward the pond outlet. Install rip-rap at the end of the 15-inch RCP; (4) provide two complete sets of calculations and drawings; (5) install concrete cross gutters and aprons at all driveway and street entrances; (6) clearly note the location of all public easements on all drawings. (2) the petitioner shall record a condominium declaration in compliance with State Statute 515A. The declaration shall include and the petitioner shall comply with the following stipulations: (A) the association shall be responsible for the plowing, maintenance, and repair of the private roads and driveways. The declaration shall permit emer-gency vehicle access; (B) the drive- way shall be signed "no parking" on both sides; (C) the association shall be responsible for the operation and maintenance and repair of the storm water; (D) the association shall authorize that the Public Works Department flush the hydrants in accordance with City policies; (E) the association shall be responsible for the main- tenance and/or repair of landscaping: {F) the condominium declara- tion shall include the layout of the project as submztted on the site plan dated June 23, 1994. The declaration shall comply with the requirements of Minnesota Statute Chapter 515A. (3) the condo- � minium declaration shall require the association to repair and maintain the private utilities; (4) the petrtioner shall execute and record access, maintenance and repair easements against the FRIDLEY CITY COUNCIL MEETING OF AUGUST 15 1994 PAGE 13 1 development parcel and 5512 Fillmore Street to allow the resident at 5512 Fillmore Street to use the access drive; (5) the petitioner shall draft for City Attorney review and execute and record a hold harmless agreement indemnifying the City from liability for the private improvements as a result of work on the public sewer line; (6) the petitioner shall construct a cul-de-sac at the end of Polk Street; (7) the petitioner shall submit a letter of credit in the amount of three percent of the construction value, not to exceed $60,00, to cover the outdoor improvements; (8) the condominium declaration shall include the layout of the pro�ect as submitted on the site plan dated June 23, 1994. The declaration shall comply with the requirements of Minnesota Statute Chapter 515A; and (9) the grading and drainage plan shall be amended to conform with the recommendations stated in Scott Erickson's memorandums dated May 13 and June S, 1994; (10) Outlot A shall be included in the subdivision with Outlot A containing no more than six residential units. Access to the residential units shall be directed onto Hillwind Road. Seconded by Councilman Billings. MOTION by Councilman Schneider to amend Stipulation No. 1(D) to read as follows: "The qrading plan shall be amended to indicate the trees to be preserved in consultation with the City's planning staff." Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' MOTION by Councilman Billings to eliminate Stipulation Nos. 7 and 10. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to amend Stipulation No. 6 to read as follows: (6) the petitioner shall provide an easement for the right-of-way for the cul-de-sac at the end of Polk Street. Prior to requesting a building permit for the duplex at the end of Po1k Street, the petitioner shall petition the City for construction of said cul-de-sac and assess costs to benefitting properties. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to amend Stipulation No. 2 by adding subsection (G) to read as follows: (G) the petitioner shall pro- vide an easement for the right-of-way for the cul-de-sac at the end of Polk Street. Prior to requesting a building permit for the duplex at the end of Polk Street, the petitioner shall petition the City for construction of said cul-de-sac and assess costs to bene- fitting properties. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to add an additional Stipulation � No. 9 to read as follows: (9) plat approval is subject to final approval by Anoka County of the detailed mylars. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 14 Councilwoman Jorgenson was concerned about the dirt from the trucks on the residential streets flowing into Moore Lake. She felt that this issue should be addressed. Ms. Dacy stated that this could be included in the developer's agreement that the roads are to be kept clean. Mr. Flora stated that this could also be handled with the building permit without any problem. UPON A VOICE VOTE TAREN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 8. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 24, 1994: A. VARIANCE REQUEST, VAR #94-02, BY FORREST HARSTAD OF TWIN CITY TOWNHOMES, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 30 FEET IN ORDER TO ALLOW THE CONSTRUCTION OF TOWNHOMES GENERALLY LOCATED AT 971 HILLWIND ROAD N.E.: Ms. Dacy, Community Development Director, stated that this variance pertains to the eight-unit building in Mr. Harstad's development. She stated that the request is to reduce the front yard setback from 35 feet to 30 feet. She stated because the proposed condo- minium design includes patios with privacy walls ad�acent to the front entries, the setback for the patios will also be reduced from the required 25 feet to 18.9 feet. She stated that because the patio is not enclosed, site lines should not be affected. She stated that the petitioner is also proposing a 36 foot wide drave- way. The R-3 regulations limit the width of a driveway to 32 feet, so a variance is needed. Ms. Dacy stated that the Appeals Commission recommended approval of all three variances sub�ect to approval of the rezoning, vaca- tion, and plat request. She submitted photographs of the proposed townhomes showing the front entry areas. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #94-02, by Forrest Harstad of Twin City Townhomes to reduce the front yard setback from 35 feet to 30 feet; to reduce the setback for the front patios from 25 feet to 18.9 feet; and to increase the width of the driveways from 32 feet to 36 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Harstad stated that he wished to thank Council for their approval of his development and for the excellent help he received from the City staff who worked with him on this development. FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 15 � 9. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF AUGUST 10, 1994• A. SPECIAL USE PERMIT REQUEST, SP #94-08, BY WARREN PAULSON, TO ALLOW THE EXPANSION OF A MOTEL IN THE R-3, GENERAL MULTIPLE FAMILY DWELLING DISTRICT. GENERALLY LOCATED AT 6881 HIGHWAY 65 N.E.' Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit for the Budget Host Motel on Highway 65 in order to allow expansion of this business. He stated that this motel was built in 1960 and rebuilt after the tornado in 1965. He stated that in 1968 Council approved the construction of a redwood fence, rather than landscaping, to separate this motel from the residential area to the east. He stated that there was also a variance for a sign and a deck and vestibule. Mr, Hickok stated that the special use permit would allow expansion of this motel with the construction of a 36 foot by 48 foot two- story addition and to provide for an additional nine units, making a total of 23 units. He stated that the addition would be located on the north side of the building. Mr. Hickok stated that the Planning Commission and staff are re- � commending approval of this special use permit subject to nine stipulations, which he outlined. He stated that there is a mix of mature and ornamental trees on the property but to replace the oaks that are removed would be difficult. He stated that the petitioner has suggested that he would plant some evergreens and flowering crabs. He stated that after visiting the site, he felt this was a suitable alternate to replacing the oak trees. Councilman Billings stated that there was some concern about semi- trucks on the site. He asked if they require a larger parking stall. Mr. Paulson, the petitioner, stated that he has upgraded the pro- perty considerably since he took over this operation five years ago. He stated that they are now affiliated with a national franchise, and they have not seen as many trucks as in the past, He stated that the trucks do not take much more space than an ordinary car. MOTION by Councilman Schneider to concur with the recommendatzon of the Planning Commission and grant Special Use Permit, SP #94-�5, with the following stipulations: (1) a stop sign shall be installed by the developer at the point where the parking lot drive enters onto 68th Avenue. The sign would be the cost and responsibility of the motel; (2) the addition shall be built with an architectural � character consistent with the character of the existing motel com- plex; (3) no windows shall be placed on the second story of the east side of the buildinq addition; (4) the parking lot shall be � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 16 re-striped to identify the 35 parking spaces indicated by the peti- tioner's site plan; (5) the new parking surface shall include curb and gutter around the expanded parking perimeter. The curb and gutter is to be concrete and of a staff-approved design. This curb shall extend into the public right-of-way to the point where the driveway radius meets 68th Avenue. The point of termination shall be reviewed and agreed upon by City Engineering staff; (6) erosion control fencing shall be installed during construction to assure no construction-related soil is carried into Rice Creek or ad7acent landscape; (7) rip-rap erosion control shall be in-stalled at the base of the roof drain and at the point where the parking lot swale empties surface water onto the landscaped portion of the site; (8) all landscape areas shall be restored; and (9) the three 20 inch oak trees removed by construction shall be replaced by three 2-1/2 inch oaks in an alternate location on the site. Seconded by Councilman Billings. MOTION by Councilman Schnelder to amend Stipulatlon No. 9 as follows: (9) the petitioner shall work with staff to identify appropriate plantings to replace the three 20 inch oak trees that were removed by construction. 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 unanimously. 10. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF JULY 12, 1994: A. VARIANCE REQUEST. VAR #94-13, BY WARREN PAULSON, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 10 FEET, TO REDUCE THE SIDE CORNER SETBACK FROM 35 FEET TO 30.33 FEET; TO REDUCE THE REAR YARD SETBACK FROM 40 FEET TO 19.44 FEET; AND TO REDUCE THE PARKING SETBACK FROM 20 FEET TO 18 FEET, ALL TO ALLOW THE EXPANSION OF A MOTEL, GENERALLY LOCATED AT 6881 HIGHWAY 65 N.E.: Mr. Hickok, Planning Coordinator, stated that the varzance for the front yard setback is a pre-existing condition and not the result of the proposed addition to the building. He stated that the vari- ance to reduce the rear yard setback is to correct an existing encroachment and is for the distance from the north lot line near Rice Creek. He stated that the other two variances to reduce the side corner setback and the parking setback are related to the new construction. Mr. Hickok stated that the Appeals Commission recommended approval of these four variances. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #94-13. FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 17 � Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo 11. EXTENSION OF A VARIANCE REOUEST, VAR #93-36, BY UNITED STORES, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 0 FEET, AND TO REDUCE THE HARD SURFACE SETBACK FROM THE PUBLIC RIGHT-OF- WAY FROM 20 FEET TO 10 FEET. ALL TO ALLOW THE CONSTRUCTION OF AN ADDITION, GENERALLY LOCATED AT 785 53RD AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request to extend a variance for three years. She stated that apparently there is a restrictive covenant that prevents the expansion of the United Stores building. Ms. Dacy also stated that Target is unwilling to work with United Stores to remove the restrictive covenants which will expire in 1997. MOTION by Councilman Billings to extend Variance Request, VAR #93-36, for United Stores until December 31, 1997 with the four stipulations as originally approved on February 7, 1994 as follows: (1) the petitioner shall submit a landscaping plan with the buil- ding permit application showing existing landscaping and additional parking lot screening along the westerly lot line. Parking lot screening may be achieved through a three foot berm or a hedge or a combination of the two. The landscaping plan shall also indicate � three new trees to be planted along the westerly lot line; (2) the petitioner shall provide a grading and drainage plan and hydrologic calculations for review and approval by the Engineering Department with the building permit application, (3) the petitioner shall submit an erosion control plan with the building permit applica- tions; and (4) the addition shall be architecturally compatible with the existing building. Further, the Pollowing stipulation shall be added: (5) all storage trailers shall be removed at the completion of this addition. Seconded by Councilwoman Bolkcom, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 67-1994 RENAMING 59-1/2 WAY N.E. TO ISLAND PARK DRIVE N.E.° Ms. Dacy, Community Development Director, stated that property owners on 59-1/2 Way are requesting that this street be renamed to Island Park Drive. She stated that the apartment owners feel the current name suggests this street is an alley, that the new street name is more appealing, and it provides recoqnition with the Islands of Peace Park. She stated that the apartment owners also felt changing the name will assist them in their efforts to rent their apartments. MOTION by Councilwoman Bolkcom to adopt Resolution No. 67-1994. � Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 18 � 13. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 6, 1994 ON STREET IMPROVEMENT PROJECT - MAIN STREET, PROJECT NO. ST. 1994-8: MOTION by Councilwoman Bolkcom to set the public hearing on Street Improvement Project No. ST. 1994-8 for September 6, 1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. APPROVE JOINT POWERS AGREEMENT WITH ANOKA COUNTY FOR THE UP- GRADE OF STORM SEWER ALONG COUNTY STATE HIGHWAY NO. 35 (OLD CENTRAL AVENUEI• Mr. Flora, Public Works Director, stated that this �oint powers agreement is for reimbursement from Anoka County for their portion of the storm water improvement project along Central Avenue. MOTION by Councilman Schneider to authorize the appropriate City officials to execute this joint powers agreement with Anoka County for the upgrade of the storm sewer along County State Aid Highway No. 35 (Old Central Avenue). Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. GS-1994 ORDERING IMPROVEMENT AND ADVERTISEMENT � FOR BIDS FOR THE CONSTRUCTION OF THE OSSORNE ROAD SANITARY SEWER EXTENSION, PROSECT NO. 249: Mr. Flora, Public Works Director, stated that this improvement will relieve some of the burden of the lift station by installation of a sewer main connection from the existzng main in East River Road directly to the Metropolitan Waste Control trunk sewer to the east. He stated that this would relieve some of the burden on the lift station and provide for an alternate source of discharge should a power outage or blockage of the main line occur. MOTION by Councilwoman Bolkcom to adopt Resolution No. 68-1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 69-1994 ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR THE WASHINGTON STREET WATERMAIN REPAIR PROJECT NO. 272: Mr. Flora, Public Works Director, stated that there is a 500 foot section of water line on Washington Street where there have been several water breaks. He stated that with this improvement, the watermain will be replaced and encased in a polyethylene film in order to protect it from corrosive soils. � MOTION by Councllman Bi111ngs to adopt Resolution No. 69-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , , � FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 19 17. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 18. CLAIMS• MOTION by Councilman Billings to authorize payment of Claim Nos. 57056 through 57307. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. LICENSES° MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Innovative Irrigation 10006 University Avenue N.W. Coon Rapids, MN 55448 1994 Corridor Maintenance Project No. 266 FINAL ESTIMATE . . . . . Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of July, 1994. . . . . . . . . Schmidt Curb Company 21504 Ahlstrom Avenue Rogers, MN 55374 1994 Miscellaneous Concrete Curb Gutter & Sidewalk Project No. 262 Estimate No. 3 . . . . . . . . . $ 3,865.15 $ 5,987.71 $ 9,337.55