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08/23/1999 - 00000688THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 23, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:36 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: Members Present: Mayor Jorgenson, Councilmember Barnette, Council- member Billings, Councilmember Wolfe, and Councilmember Bolkcom Members Absent: None STATEMENT OF MEETING CONDUCT: Mayor Jorgenson explained that the City Council has adopted this statement of meeting conduct for every meeting to remind all participants of the desired behavior City Council needs to effectively complete their meetings. Mayor Jorgenson read the following: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of others with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Mayor Jorgenson thanked the audience for their attendance at today's meeting, and for their agreement to abide by these standards of personal conduct. PROCLAMATION: Constitution Week: September 17 - 23, 1999 Mayor Jorgenson stated that Constitution Week will be September 17 - 23, 1999. THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 2 Mayor Jorgenson urged all residents to study the Constitution and reflect on the privileges of being an American with all the rights and responsibilities with which that privilege involves. APPROVAL OF MINUTES: City Council Meeting; Minutes of Aug;ust 9, 1999: Councilmember Bolkcom stated that on page 27, paragraph 3, the amount stated for the Stonybrook Project pertaining to homeowners' assessed fees should be $2,000 rather than the printed $1,000. MOTION by Councilmember Barnette to approve the regular City Council meeting minutes of August 9, 1999 as corrected. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1131 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF(LOTS 9 AND 10, BLOCK N, RIVERVIEW HIEGHTS )(WARD 3): Mr. Burns, City Manager, explained that the ordinance was being processed at the request of the neighboring property owner at 571 79th Way. Since the City acquired this property as tax forfeit property, the City Attorney recommended that the City convey it through the Housing and Redevelopment Authority (HRA). If Council approves it, a deed would be conveyed to the HRA. They, in turn, would be asked to conduct a public hearing and to authorize the conveyance to the owner of 571 79th Way. Staff recommended Council's approval. WAIVED THE SECOND READING, ADOPTED ORDINANCE NO. 1131 AND ORDERED PUBLICATION. NEW BUSINESS: 2. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF AUGUST 4, 1999: Mr. Burns, City Manager, explained that this was a consideration of a motion to receive the Planning Commission meeting minutes of August 4, 1999. THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 3 RECEIVED PLANNING COMMISSION MEETING MINUTES OF AUGUST 4, 1999. Mr. Burns, City Manager, explained this was consideration of a motion to receive the Appeals Commission Meeting Minutes of August 11, 1999, was placed in error and may not be considered. 3. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF AUGUST 11, 1999: THIS ITEM WAS REMOVED FROMTEH AGENDA. 4. SPECIAL USE PERMIT REQUEST, SP #99-05, BY JIM BARTOW, TO ALLOW CONTINUED MAINTENANCE OF A SECOND DETACHED ACCESSORY STRUCTURE, GENERALLY LOCATED AT 6291 CENTRAL AVENUE N.E. (WARD 2� Mr. Burns, City Manager, explained that the petitioner, Mr. Jim Bartow, was one of two potential buyers of property located at 6291 Old Central. A special use permit was previously granted for this second structure. The owner, however, did not abide by stipulations attached to the permit. Council subsequently revoked the permit in February of this year. Since then, Cherokee State Bank in West St. Paul acquired the property through a sheriff"s sale. The prospective buyer, Mr. Bartow, has agreed to reroof and reside the structure within a week of closing on the property. The Planning Commission has agreed to the request with nine stipulations. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT #99-05 BY WITH THE FOLLOWING STIPULATIONS: 1) ALL GRADING, DRAINAGE, AND DOWNSPOUT LOCATIONS SHALL BE DISIGNED IN A MANNER TO PREVENT DETRIMENTAL RUNOFF IMPACTS TO ADJACENT PROPERTIES; 2) ALL NECESSARY PERMITS SHALL BE OBTAINED FROM THE CITY PRIOR TO CONTRUCTION, 3) THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION; 4) ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY; 5) THE SIDING AND ROOFING MATERIALS SHALL MATCH THE EXTERIOR OF THE EXISTING HOME; 6) LANDSCAPING OF THE LOT, SUBEJCT TO CITY STAFF APPROVAL, SHALL BE COMPLETED; 7) AN OVERHEAD GARAGE DOOR, MATCHING THE GARAGE DOOR OF THE ATTACHED GARAGE SHALL BE INSTALLED, 8) A LETTER OF CREDIT OF $20,000 SHALL BE SUBMITTED PRIOR TO ISSUANCE OF A BUILDING PERMIT TO ENSURE TIMELY COMPLETION OF THE PROJECT; 9) FAILURE TO COMPLETE THE IMPROVEMENTS BY NOVEMBER 1, 999, SHALL CONSTITUTE A BASIS FOR THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 4 ESTABLISHING A PUBLIC HEARING TO REVOKE THE SPECIAL USE PERMIT. 5. SPECIAL USE PERMIT REQUEST, SP #99-06, BY ROGER FRANK, FOR A SECOND ACCESSORY BUILDING OVER 240 SQUARE FEET TO BE USED A AS A GARAGE, GENERALLY LOCATED AT 5512 FILLMORE STREET N.E.(WARD 2� Mr. Burns, City Manager, explained that the property was located at 5512 Fillmore Street. The request was for a structure that was built in 1984 without the required special use permit. The current owner had the property on the market and he asked to clear up the discrepancy. The Planning Commission approved the issuance of the permit at their August 4 meeting with seven stipulations. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT REQUEST, SP #99-06 WITH THE FOLLOWING STIPULATIONS: 1) THE SUBJECT GARAGE SHALL BE PROPERLY REPAIRED SO THAT ALL SURFACES ARE CLEAN AND WELL MAINTAINED IN APPEARANCE. THE TAR WILL HAVE TO BE REMOVED BEFORE REPAINTING IN ORDER TO ACHIEVE THE DESIRED APPEARANCE; 2) THE SUBJECT GARAGE SHALL NOT BE UTILIZED FOR HOME OCCUPATION PURPOSES. NO HOME OCCUPATION SHALL EXIST WITHIN, AND NO STORAGE RELATED TO A HOME OCCUPATION WITHIN THE HOME SHALL BE PERMITTED; 3) THE HARD SURFACED DRIVE SHALL BE REPAIRED AND CONSISTENTLY MAINTAINED; 4) THE 11 FOOT BY 24 FOOT SINGLE STALL GARAGE BENEATH THE PRINCIPLE STRUCTURE SHALL BE FINISHED AS LIVING SPACE PRIOR TO SALE OF PROPERTY OR NOVEMBER 1, 1999, WHICH EVER COMES FIRST; 5) A PERMIT SHALL BE OBTAINED PRIOR TO THE "FINISHING-OFF" OF THE 11 FOOT BY 24 FOOT GARAGE AS LIVING SPACE; 6) A BOND IN THE AMOUNT OF $10,000 SHALL BE GIVEN TO THE CITY TO ASSURE THAT ALL CLEAN-UP AND BUILDING MODIFICATIONS OCCUR PRIOR TO NOVEMBER 1, 1999 OR THAT THE CITY HAS ADEQUATE DEMOLITION FUNDS IF THESE STIPULATIONS ARE NOT ADDRESSED; 7) THE 26 FEET by 30 FEET FLAT-ROOFED DETACHED GARAGE SHALL BE REMOVED FROM THIS SITE BY JANUARY 1, 2000 FOR FAILURE TO COMPLY WITH STIPULATIONS 1 THROUGH 6 OF THIS APPROVAL. 6. VARIANCE REQUEST, VAR #99-15, BY ALLTEMP DISTRIBUTION COMPANY, TO ALLOW UNSCREENED LOADING DOCKS ADJACENT TO THE PUBLIC RIGHT-OF-WAY, GENERALLY LOCATED AT 5400 MAIN STREET N.E. (WARD 3� Mr. Burns, City Manager, explained that the variance would allow the THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 5 petitioner to build a 170 foot by 180 foot addition. Staff determined that since the doors face I-694 they should be screened from view by grade separation and existing vegetation. Since the petitioner has greed to complete all required paving, curbing, and landscaping within five years, staff recommended that the variance be granted. The Planning Commission approved the variance with four stipulations at their August 11 meeting. Staff recommended Council's concurrence. APPROVED VARIANCE REQUEST, VAR #99-15 WITH THE FOLLOWING STIPULATIONS: 1) PETITIONER COMPLETE ALL PAVING, CURBING, GUTTERING, AND LANDSCAPING TO THE APPROVAL OF CITY STAFF WITHIN FIVE YEARS OF THE ISSUANCE OF THE VARIANCE, OR VARIANCE SHALL BECOME NUL AND VOID; 2) PETITIONER GRANT A 17 FOOT BIKEWAY/WALKWAY EASEMENT ACROSS THE EASTERNMOST EDGE OF PROPERTY, IN THE EVENT THAT AN OFF STREET BIKEWAY/WALKWAY IS CONSTRUCTED ALONG MAIN STREET; 3) ALLTEMP TO PAY ANY ASSESSMENTS ASSOCIATED WITH FUTURE OFF-STREET BIKEWAY/WALKWAY PATH ALONG MAIN STREET; AND 4) PETITIONER SHALL FILE LETTER OF INTENT WITH ANOKA COUNTY RECORDER TO PROVIDE NOTICE FOR FUTURE OWNERS OF PROPERTY. 7. RESOLUTION NO. 60-1999 CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA, ADOPTING A 1999 TAX LEVY COLLECTIBLE IN 2000: Mr. Burns, City Manager, explained that the HRA uses this levy to support its Single Family Housing Rehabilitation Loan Program. It is equal to .0144 percent of the City's taxable market value and produces between $185,000 and $200,000 annually. The HRA adopted a similar resolution at their August 5 meeting. Staff recommends Council's concurrence. ADOPTED RESOLUTION NO. 60-1999. 8. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: Mr. Burns, City Manager, explained that this legislation provides a five percent (5%) salary increase for the Mayor and Council. By this legislation salaries would be raised to the following levels of salaries per year: THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 6 Mayor $8,820 Councilmember-at-Large $7,245 Ward Councilmembers $6,405 This is the first salary increase for the Mayor and Council since 1991. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 9. RESOLUTION No. 62-1999 ADOPTING A"PROPOSED" BUDGET FOR THE FISCAL YEAR 2000: Mr. Burns, City Manager, explained that Minnesota State Statutes require that the City's budget be submitted to the County Auditor by September 15. The budget for all budgeted funds is $13,988,218, or 6.8 percent less than the amount budgeted for 1999. The decrease was primarily attributable to the absence of the Riverview Heights Street Improvement Project. The General Fund budget was $11,524,654, or 4.1 percent greater than the budget for 1999. About three-fourths of this increase reflects increased costs for salary and fringe benefits, including those attributable to an additional police officer. Staff plans to provide a more detailed analysis of the year 2000 budget at the budget hearing in early December. The budget is not considered final until the hearing has been held and a resolution supporting the budget has been approved at the meeting following the hearing. The budget before Council allows for the establishment of the year 2000 property tax levy, which may be lowered but not raised in December. Staff recommended Council's approval of the proposed budget. ADOPTED RESOLUTION NO. 61-1999. 10. RESOLUTION NO. 62-1999 CERTIFYING "PROPOSED" TAX LEVY REQUIREMENTS FOR 2000 TO THE COUNTY OF ANOKA: Mr. Burns, City Manager, explained that this resolution was also in conformance with Minnesota State Statutes that require submittal of the budget and tax levy to the County Auditor before September 15. The City's recommended levy for 2000 was $4,035,671. The amount was essentially the same levy that has been approved for the past five years. It assumes franchise fee revenues of $650,000. It also assumes the use of $468,846 in General Fund reserves and the transfer of $432,900 from the Liquor Fund and the Closed Debt Service Fund. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 62-1999. THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 7 11. APPOINTMENT CITY EMPLOYEE: Mr. Burns, City Manager, explained that staff recommended approval of the appointment of Dale Warren to the position of CSO Coordinator. Mr. Warren has been with the Anoka County Sheriff"s Office for eleven years, first as a volunteer Special Deputy and then as a Community Service Officer. Mr. Warren has also worked as Operations Manager for Chase Security and as a Senior Environmental Technician for Alliant Tech Systems. Mr. Warren has received an honorable discharge from the United States Army and the Minnesota National Guard. He was also a certified EMT. APPROVED APPOINTMENT OF DALE WARREN TO THE POSITION OF CSO COORDINATOR. 12. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 88706 THROUGH 88957. 13. LICENSES: APPROVED LICENSES AS SUBMITTED. 14. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Carl J. Newquist, Esq. Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of June, 1999 $ 17,964.00 Bituminous Roadways, Inc. 2825 Cedar Avenue South Minneapolis, MN 55407 1999 Street Improvement (Sealcoat) Project No. ST. 1999 - 10 FINAL ESTIMATE $167,800.65 Ron Kassa Construction 6005 — 250th Street East Elko, MN 55020 THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 8 1999 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 322 Estimate No. 5 $ 6,839.71 Mayor Jorgenson asked if there were any questions from the public on any of the items. No persons in the audience spoke regarding the proposed consent agenda. MOTION by Councilmember Bolkcom to approve the consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda with the addition of an item as follows: RESOLUTION NO. ??-1999 AMENDING AND RESTATING THE JUNE 28, 1999 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF SENIOR HOUSING PROJECT, ON BEHALF OF MINNESOTA CHRISTIAN HOMES OF FRIDLEY, INC. TO PROVIDE FOR AN INCREASE OF THE PRINCIPAL AMOUNT OF THE BONDS. Seconded by Councilmember Wolfe, to approve the adoption of the agenda. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON PROPOSED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: Mayor Jorgenson invited members of the public to come forward to address any items not on the agenda. Ms. Christine Gerrety, 1051 67th Avenue, presented a thank you card and note on behalf of all the neighbors around Meadowlands Park, to the Mayor and Council for taking care of the Canadian thistles in Meadowlands Park. PUBLIC HEARING: 15. PUBLIC HEARING ON A REZONING REQUEST, ZOA #99-03, BY TOM AND DAVE GONYEA AND ANDERSON TRUCKING, INC., TO REZONE THE PROPERTY FROM M-4, MANUFACTURING ONLY, TO M-1, LIGHT INDUSTR4IAL, TO ALLOW THE CONSTRUCTION OF A THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 9 MULTI-TENANT INDUSTRIAL OFFICE COMPLEX, GENERALLY LOCATED AT 1290 OSBORNE ROAD N.E. (WARD 2� MOTION by Councilmember Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING WAS OPENED AT 7:52 P.M. Mr. Hickok, Planning Coordinator, explained that this is a rezoning request by Tom and Dave Gonyea for the property generally located at 1290 Osborne Road. The Gonyeas are seeking to rezone the property located at the corner of Osborne Road and Central Avenue. The current zoning was M-4, Manufacturing Only. The requested zone was M-1, Light Industrial. The purpose of their request was to allow for construction of a 39,406 square foot office warehouse building. Mr. Hickok said that this plat, was originally platted in 1969, and replatted in 1993. The replat coincides with the development of Voigt Bus Company. In 1997, the property was rezoned from M-1, Light Industrial, to M-4, Manufacturing Only, to assure that the remaining industrial parcels were preserved for manufacturing to protect the surrounding neighborhoods from heavy truck traffic and to insure compatibility with the surrounding development. Mr. Hickok said that this proposal would place a building whose office to warehouse ratio is 55 percent office, and 45 percent warehouse. The building would be through designed with a substantial building depth. There are 14-foot doors and 16 through 20 clear heights as opposed to nearly 30 foot clear heights that most warehouse buildings have. The overhead doors are concealed in a crescent shape on the west of the building. The docks are designed in a way that they supplement the warehouse and make the office/warehouse attractive and discourage heavy warehouse tenants who would be looking for through-docks for trans-shipments. Mr. Hickok continued by adding that the building has an office appearance and parking for vehicles along Osborne Road and Central Avenue. Trucks cannot circulate around the building without a mix of passenger vehicle traffic and large vehicle traffic. Materials facing Osborne Road and Old Central Avenue consist of two different rock-face block and glass entries. Staff recommended that the banding pattern be mimicked on the back of the building. Mr. Hickok stated that heavier emphasis on office space and required parking and such would encourage manufacturing-type industries to occupy the space within. The site currently has a hard-surface coverage of 91 percent. The petitioners indicated that their civil engineering analysis shows a hard surface coverage of 85 percent. They are working on their storm-water ponding solution related to that 85 percent hard surface coverage. Simultaneous to this rezoning request the petitioner has requested a 10 foot variance to allow the building to exist 90 feet from the THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 10 Central Avenue right-of-way rather than the required 100 feet. A lot split request by Anderson Trucking would allow the westernmost 45 feet of the existing development parcel to be sold to the adjacent property owner. The Planning Commission recommended approval of this with nine stipulations. Staff recommended Council's approval. Mayor Jorgenson asked if the residential neighborhood was notified of the public hearing. Mr. Hickok stated that was correct. Councilmember Barnette asked what the typical tenant would be. Mr. Hickok stated that high-tech industry was desired; however, at this point it was difficult to know for sure. Councilmember Bolkcom asked what would prevent someone from using the building for the uses of the previous zoning in the future. Mr. Hickok stated that the building design accommodates a large manufacturing user for the entire building. A future owner could create the manufacturing use but one of the other points of this building was that manufacturing tenants are often looking for spaces like this. When companies are making the transition to a larger space this gives them potential for office use and would meet the manufacturing needs. The likelihood of the building reverting back to its previous zoning would be too costly and would take very serious modifications. The front parking was not conducive for semi-truck maneuvering. Councilmember Bolkcom stated that the residents living nearby could be reassured that heavy truck traffic would be minimal because of the way the building was designed. Mr. Hickok stated that the stipulations tie the building closely to the approval and state that the May 4, 1999 plan shows the building designs are a requirement for approval. The building design was similar to some of the office/industrial seen along the west side of University Avenue past Columbia Arena. The lot split stipulation stated that the landscaping berm would be approved by the City. Mr. Hickok saw the lot split as an opportunity for Voigt Bus Company to get some badly needed landscaping on their site. Mr. Dave Gonyea, petitioner, stated that one possible tenant would be a manufacturer of Medtronic, Inc. parts. The Gonyeas would not be doing any manufacturing, and would need fifty percent (50%) warehouse and fifty percent (50%) office to store some parts. The building really would not work for a trucking type operation but would be more conducive for more technical users. The berm would involve pine trees along the property line adjacent to Voigt Bus Company. THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 11 The front of the building screens off the Anderson Trucking facility and a lot of Voigt Bus Company. Mayor Jorgenson asked if there were any additional comments from any members in the audience. No persons in audience spoke. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:11 P.M. NEW BUSINESS 16. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #99-03, BY TOM AND DAVE GONYEA AND ANDERSON TRUCKING, INC., GENERALLY LOCATED AT 1290 OSBORNE ROAD N.E.�(WARD 2� Mr. Hickok stated that the legislative action related to the presentation he had just given would make that act official in its first reading if Council rezoned the property from an M-4, to an M-1. There were twelve stipulations that go along with that approval. MOTION by Councilmember Wolfe to waive the reading and approve the ordinance on first reading with the following twelve stipulations: 1) Approval of Variance #99-08, allowing construction of the building 90 feet from Central Avenue, adjacent to a residential district, rather than 100 feet, as required by Code; 2) Approval of LS # 99-02 to allow separation of west 45 feet of property and resulting lot configuration as shown in the site plan dated May 5, 1999; 3) Construction of the office/ warehouse complex in accordance with the elevation plans dated (revised) May 4, 1999); 4) Construction of the office/warehouse site in accordance with the site plan dated (revised) May 4, 1999; 5) City Staff approval of a revised landscape plan to issuance of a building permit for this project; 6) Approval of a berm along the west edge of this property in conjunction with the landscape plan, o be approved by the City of Fridley; 7) Approval of all site grading and drainage issues related to this proposal prior to issuance of a building permit for this project; 8) No fleet vehicles shall be parked or stored along the Central avenue or Osborne Road parking areas of this project. All overnight storage of incidental fleet vehicles shall be parked in the side yard west of the proposed building; 9) Access locations shall be approved by Anoka County Prior to issuance of the building permit for this project; 10) All architectural banding shall continue around all faces of the building to allow finished building face appearance; 11) All lighting shall be downcast to THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 12 protect against horizontal glare to residential neighborhoods or roadways; 12) A Comprehensive Sign Plan (in accordance with City Code Chapter 214) shall be prepared and submitted to the City for City Council approval prior to issuance of a sign permit for the free-standing, or building signs in this project. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSEN DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. RESOLUTION NO. 63-1999 APPROVING A SUBDIVISION, LOT SPLIT, LS #99-02, TO CREATE TWO INDUSTRIAL PARCELS, GENERALLY LOCATED AT 7690 CENTRAL AVENUE (BY ANDERSON TRUCKING, INC.)(WARD 2): Councilmember Bolkcom asked if Voigt Bus Company was aware of their obligations with respect to the berm and landscaping issues. Mr. Hickok stated that Mr. Voigt of Voigt Bus Company stated that he was unclear of the requirement of the berm and landscaping; however, it was the City's intent to require the landscaping of the berm. Councilmember Bolkcom asked about the upkeep of the trees that would be planted in the landscaping plans. She asked that they be maintained. Mr. Hickok stated that the City holds a bond for a year past the installation date of the trees which insures they would be cared for. The landscape companies also guarantee them for a year. Councilmember Wolfe stated that the Code Enforcement Officer would make sure that is taken care of. Mr. Hickok stated that was correct. MOTION by Councilmember Wolfe to approve resolution approving a subdivision, Lot Split, LS #99-02, to create two industrial parcels with the following six stipulations: 1) Approval of Variance Request #99-08, allowing construction of the building 90 feet from Central Avenue, adjacent to a residential district, rather than 100 feet, as required by Code; 2) Approval of Lot Split LS # 99-02 to allow separation of west 45 feet of property and resulting lot configuration as shown in the site plan dated May 4, 1999 ; 3) Approval of a berm along the west edge of the easterly lot (Parcel B) in conjunction with a landscape screening plan for both properties in conjunction with a landscape screening plan for both properties, to be approved by the City of Fridley; 4) Approval of all site grading and drainage issues related to the proposal for a berm on this parcel, prior to commencement of the berm building project; 5) Any modified access on Osborne Road shall be approved by Anoka County prior to commencement of the modification; 6) Filing of this lot split shall be done in a manner that assures the 45 foot addition to the Voight THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 13 property will consolidated with the existing Voight parcel (Parcel A). Proof of consolidation shall be filed with the City of Fridley, once processing has been completed at Anoka County. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. VARIANCE REQUEST, VAR#99-08, BY TOM AND DAVE GONYEA AND ANDERSON TRUCKING, INC., TO DECREASE THE REQUIRED SETBACK BETWEEN A BUILDING AND THE RIGHT-OF-WAY LINE ABUTTING AN ADJOINING RESIDENTIAL DISTRICT FROM 100 FEET TO 75 FEET TO ALLOW THE CONSTRUCTION OF AN INDUSTRIAL MULTI-TENANT OFFICE BUILDING, GENERALLY LOCATED AT 1290 OSBORNE ROAD (WARD 2� Mr. Hickok, Planning Coordinator, stated that the proposed orientation of the building was such that the overhead doors on the southwest side of the building are designed to keep traffic and offensive activities away from the neighbors across the street. The building design has a heavier emphasis on office space. A pond would be required, and the civil engineers for the Gonyea company are currently working to satisfy the stipulation. Mr. Hickok stated that this variance would allow the building to sit 90 feet from the Central Avenue right-of-way rather than the 100 feet that is required when an industrial building is adjacent to a right-of-way and residential district. The standard M-1 setback would be 35 feet. Because of the overlapping 54 feet residential district, the Gonyeas are looking at a 100 foot setback for the project. The hardship statement states that the way the site plan was designed the variance for the building location would serve to block out truck yards to the neighbors to the south and keep a uniform look to the other ninety percent (90%) of the building. Staff had no recommendation to the Planning Commission due to the fact that this was within previously granted parameters of setback dimension. The Commission chose to grant the variance with stipulations. MOTION by Councilmember Wolfe to approve the Variance Request, #99-08 with the following four stipulations: 1) approval of Lot Split L.S. #99-02; 2) Construction of warehouse in conformance with the office/ warehouse complex plans submitted and dated (revised) May 4, 1999; 3) Construction of warehouse in conformance with the site in accordance with the site plan dated (revised) May 4, 1999; and 4) City staff approval of a revised landscape plan prior to issuance of a building permit for this project. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAJOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. VARIANCE REQUEST, VAR #99-17, BY DAVID NELSON, TO ALLOW A PRIVATE GARAGE TO EXCEED THE SQUARE FOOTAGE OF THE THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 14 DWELLING UNIT BY 12.6 FEET TO ALLOW THE CONSTRUCTION OF A GARAGE, GENERALLY LOCATED AT 7395 VAN BUREN STREET (WARD 1� Mr. Hickok, Planning Coordinator, stated that the petitioner would like to replace his existing 440 square foot garage with a new 792 square foot garage. This would exceed the house area by 12 1/2 feet. The code requires that the minimum side yard should be 5 feet and requires that the private garage not exceed the square foot area of the dwelling unit. The property is located at 7395 Van Buren Street and is surrounded by R-1 single family dwellings. The hardship summary stated that to move the garage completely in back of the house would greatly compromise the aesthetics of the back yard. The 12.6 square feet that would make the garage bigger than the house is so minimal that no one would notice without knowledge of the building code and the aid of a measuring device. The garage currently has an overlapping condition in which the house overhangs the garage overhang. Mr. Nelson, 7395 Van Buren Street N.E., stated this overhang would be eliminated with a new design. The petitioner indicated that he does not want to attach the garage to the home even though it was only 3 feet away from the house. A motion was made at the Appeals Commission to grant the variance for the side yard setback from 5 feet to 3 feet, and to deny the variance allowing the square foot area of the garage to exceed the square foot area of the home. The request to allow the square footage of the garage to exceed that of the home would set a precedence that the Appeals Commission wanted to avoid. Staff recommended denial of the variance to allow the square foot dimension of the garage to exceed the square foot dimensions of the home and has no recommendation on the request to decrease the side yard setback from 5 feet to 3 feet. Large garages have historically led to commercial appearance and have also encouraged home occupations. Staff recommended that if either of these variances be granted three stipulations should apply: 1) No home occupations shall take place from this garage; 2) Garage and home shall have matching siding/color scheme; and 3) Garage an home shall be built to meet all fire and building codes. The petitioner, Mr. Nelson, stated that his house is very small. It was built in 1951. Since then, houses have increased in size quite a bit. He stated that the 12.6 square feet is very minimal. He stated that he does not want to build a bigger house to have a bigger garage, and he does not want an attached garage. He stated that the neighbors would not be able to see it very well, and no neighbors have expressed any concerns regarding the variance. He stated that houses in the outer suburbs have three or four car garages, and he did not feel that anyone would object to it. Councilmember Billings asked Mr. Hickok what the ordinance for the maximum size of a garage allowed in Fridley was. Mr. Hickok stated that the maximum size for a garage, if it does not exceed the size of the dwelling unit, is 1,000 square feet. THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 15 Councilmember Billings asked Mr. Knaak, City Attorney, what kind of a precedent would the City be setting by granting this variance. Mr. Knaak stated that similar applicants should be treated similarly. The result would be if another homeowner came in with the same size home asking for the same kind of variance, Council would likely be compelled to grant the variance. Councilmember Billings asked Mr. Hickok what his calculations for the size of the garage would be. Mr. Hickok stated that the size of the garage would be 792 square feet. Mayor Jorgenson asked what the size of the square feet of the house would have to be if more than fifty percent (50%) of the house was damaged and would have to be rebuilt. Mr. Hickok stated that it would have to be 1, 020 square feet. Councilmember Billings stated that by granting this variance, he felt Council would be setting a logical precedence, rather than a dangerous precedence. MOTION by Councilmember Billings to approve the Variance Request, VAR #99- 17, by David Nelson, to allow a private garage to exceed the square footage of the dwelling unit by 12.6 feet to allow the construction of a garage, and to allow the side yard setback variance request from 5 feet to 3 feet with the following four stipulations: 1) No home occupations shall take place from this garage; 2) Garage and home shall have matching siding/color scheme; 3) Garage shall be built to meet all fire and building codes; and 4) Garage shall not exceed 800 square feet. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSEN DECLARED THE MOTION CARRIED UNANIMOUSLY WITH THE FOLLOWING STIPULATIONS 20. RECEIVE THE BIDS AND AWARD CONTRACT FOR THE CONSTRUCTION OF THE FRIDLEY LIQUOR WAREHOUSE (WARD 3Z Mr. Pribyl, Finance Director, explained that on July 14, 1999, the project plans were made available to the public for the remodeling of the third liquor store. On August 18 the lowest bidder per the bid review was Lund Martin Construction. Staff recommended the award of the contract to Lund Martin Construction, Inc., for a total bid of $419,800. The bids were as follows: THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 16 DNR Construction Services Met-Con Metro, Inc. Hunerberg Construction Company Parkos Construction Company Meisinger Construction Company, Inc. Construction Analysis & Mgmt, Inc. Loeffel-Engstrand Corporation Merrimac Construction Company, Inc. CM Construction Company, Inc. Rochon Corporation Thor Construction, Inc. Lund Martin Construction, Inc. Bid Bond $7,659 4,200 7,200 4,300 5,000 6, 700 8,000 4,688 4,300 6,300 6,638 4,157 Total Bid $445,061 443,800 472,000 462,400 454,000 465,000 469,000 442,116 412,000 560,000 442,500 415,643 PAGE Councilmember Billings asked if the bid of $415,643 and the bid bond of $4,157 on the spreadsheets were added together for the total bid of $419,800. Mr. Pribyl stated that the bid specifications called for separation of the bid bond cost from actual construction, but both are components of the agreement amount. MOTION by Councilmember Bolkcom, to receive the bids and award the contract to Lund Martin Inc., for the construction of the Fridley Liquor Warehouse. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 21. RESOLUTION NO. 64-1999 AMENDING AND RESTATING THE JUNE 28, 1999 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF SENIOR HOUSING REVENUE BONDS PROJECT, TO PROVIDE FOR SENIOR HOUSING ON BEHALF OF MINNESOTA CHRISTIAN HOMES OF FRIDLEY, INC. TO PROVIDE FOR AN INCREASE OF THE PRINCIPAL AMOUNT OF THE BONDS: Mr. Pribyl, Finance Director, explained that this resolution has three key points: It would increase the amount of the issuance up to $10,005,000; The interest rate was being adjusted so that it may not exceed eight percent (8%) per annum; and this issue would become non-bank qualified because it exceeds a$10,000,000 cap. Councilmember Bolkcom asked what non-bank qualifying means. Mr. Pribyl stated that it has to do with how readily bonds can be marketed by banks for these types of bonds. There is a cap on all bonds exceeding $10,000,000. This would not place the City at any risk for financial liability. Councilmember Bolkcom stated that there had been some questions about statements of compliance and issues about prevailing wage with some of the work THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 17 done in the senior housing project. Mr. Knaak stated that the City protects workers in these projects by HRA resolutions and by City ordinances that require them to pay prevailing wages. Council received sworn statements by three of the subcontractors involved in the project which are subject to the perjury law. The City has an ongoing responsibility to monitor situations like these as they arise. Mr. Knaak stated he felt that now the City has very substantial assurance of compliance. MOTION by Councilmember Bolkcom, to receive the sworn affidavits of compliance. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. The developers spokesperson, Mr. Mark Ecklow, President of Senior Housing Construction, stated that one of the business associates for the carpenters union stated that the Senior Housing Construction was not in compliance. Three subcontractors on the job are non-union. They have made certain that these people understand that this is a prevailing wage job. The developers had to sign an agreement that they would honor the prevailing wage. In accepting the bond documents for Minnesota Christian Homes, the developer and contractor must follow the prevailing wage law. Mr. Ecklow stated that the contractor does not have a specific procedure in place to monitor the prevailing wage but would be willing to ask for payrolls to assist the City and help in any way necessary. Councilmember Barnette stated that he appreciates all their efforts in helping the City with this investigation. MOTION by Councilmember Bolkcom, to adopt the resolution amending and restating the June 28, 1999 resolution providing for the issuance and sale of senior housing revenue bond to provide funds for a senior project, on behalf of Minnesota Christian Homes of Fridley, Inc., to provide for an increase of the principal amount of the bonds. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORTS: Mayor Jorgenson asked if any members of the audience wanted to share any informal status reports this evening. No members from the audience spoke regarding any informal status reports. THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 18 ADJOURN: MOTION by Councilmember Wolfe, to adjourn Bolkcom. Seconded by Councilmember UPON A VOICE VOTE, ALL VOTING AYE, MAJOR JORGENSON DECLARED THE MOTION CARRIED AND THE AUGUST 23, 1999 MEETING OF THE CITY COUNCIL WAS ADJOURNED AT 8:59 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor