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09/13/1999 - 00000905THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 13, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: PRESENTATION: Mayor Jorgenson, member Billings, member Bolkcom None Councilmember Barnette, Council- Councilmember Wolfe, and Council- Ms. Liz Chevalier, Crime Prevention Specialist II, presented plaques to all the businesses that helped make the 1999 Youth Safety Camp possible. Ms. Chevalier commended all participants for their dedication and support of the two-day camp held for Fridley youth, ages six to nine years old. Councilmember Barnette praised Ms. Chevalier for all of her efforts and hard work at making the Youth Safety Camp a success. PRESENTATION: Ms. Dorothy Gargaro stated that she was representing the 50th Anniversary Celebration Committee. Ms. Gargaro explained that the birthday bash will be Saturday, September 18. It will be held at the Fridley Community Center starting at 6:30 p.m. One of the festivities will be the sealing of the time capsule, which will not be opened for 25 years. The Fridley Marching Band will be performing, and a huge display of fireworks will conclude the bash that evening at 8:45 p.m. Ms. Gargaro explained that everyone is invited and all festivities are free. Councilmember Bolkcom commended Ms. Gargaro and all of the other members of the 50th Anniversary Celebration Committee for all of their hard work and efforts. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 2 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. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. APPROVAL OF MINUTES: City Council Meeting; Minutes of Aug;ust 23, 1999 MOTION by Councilmember Barnette to approve the regular City Council meeting minutes of August 23, 1999. 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. 1133 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. Burns, City Manager, explained that this was the second reading of an ordinance to rezone property at 1290 Osborne Road. Council approved the first reading of an ordinance that would rezone property at the corner of Osborne Road and Old Central Avenue from M-4, Manufacturing Only, to M-1, Light Industrial. The purpose of the rezoning was to allow the construction of a speculative warehouse/office facility by Anderson Trucking. Staff recommended Council's approval of the second and final reading, with THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 3 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 prior 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, to 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 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. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1133. 2. ORDINANCE NO. 1132 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 was a second reading of an ordinance adjusting THE salaries of the Mayor and Councilmembers in accordance with Section 2.07 of the City Charter. This ordinance would raise the salaries of the Mayor and Councilmembers by five percent (5%), for the year 2000 and subsequent years. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 4 The adjustment would provide the following annual salaries: Mayor $8,820 Councilmember-at-Large $7,245 Ward Councilmember $6,405 Mr. Burns explained that this was the first salary adjustment for the Mayor and Council since 1991. WAIVED THE SECOND READING, ADOPTED ORDINANCE NO. 1132 AND ORDERED PUBLICATION. NEW BUSINESS: 3. RECEIVE THE PLANNING COMMISSION MINUTES OF SEPTEMBER 1, 1999: RECEIVED THE PLANNING COMMISSION MINUTES OF SEPTEMBER 1, 1999. 4. SPECIAL USE PERMIT, SP #99-08, BY MICHAEL BOLDENOW, ALLINA UNITY HOSPITAL, TO ALLOW A PROPOSED SECOND STORY EXPANSION TO BE ADDED TO UNITY HOSPITAL TO ACCOMMODATE THE ICU, GENERALLY LOCATED AT 550 OSBORNE ROAD N.E. (WARD 1� Mr. Burns, City Manager, explained that this was the consideration of a special use permit to allow a proposed second story expansion to Unity Hospital. The special use permit would allow a 17,365 square foot second story expansion at the easterly portion of the existing Unity Hospital. The expansion would enable the relocation of the intensive care unit. The Planning Commission approved the permit at their September 1 meeting with two stipulations. Staff recommended Council's approval with the two stipulations. APPROVED SPECIAL USE PERMIT, SP #99-08, BY MICHAEL BOLDENOW, ALLINA UNITY HOSPITAL, TO ALLOW A PROPOSED SECOND STORY EXPANSION TO BE ADDED TO UNITY HOSPTIAL TO ACCOMMODATE THE ICU, GENERALLY LOCATED AT 550 OSBORNE ROAD N.E., WITH THE FOLLOWING STIPULATIONS: 1) ALL BUILDING PERMITS BE OBTAINED PRIOR TO START OF CONSTRUCTION. 2) AS INTERIOR RENOVATIONS ARE COM- PLETED AND ADDITIONAL BEDS ARE ADDED, HOSPITAL TO INSTALL THE NUMBER OF PARKING STALLS REQUIRED TO MEET ZONING CODE REQUIREMENTS. HOWEVER, THE CITY THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 5 RESERVES THE RIGHT TO REQUIRE ADDITIONAL PARKING SHOULD DEMAND OF THE FACILITY WARRANT IT AT ANY TIME PRIOR TO COMPLETION OF INTERIOR RENOVATIONS. 5. APPROVE A PROPOSED AMENDMENT TO THE WEST MOORE LAKE COMMONS COMPREHENSIVE SIGN PLAN (WARD 2� Mr. Burns, City Manager, explained that this was a motion to approve an amendment to the West Moore Lake Commons comprehensive sign plan. The proposed amendment would allow Dave's Sport Shop to install a cabinet sign that would contain the company logo. It would be the only cabinet sign allowed for the center and would not cause the total area devoted to signage for Dave's to exceed the legally allowed square footage for signs. Staff recommended Council's approval. APPROVED PROPOSED AMENDMENT TO THE WEST MOORE LAKE COMMONS COMPREHENSIVE SIGN PLAN (WARD 2). 6. ESTABLISH A PUBLIC HEARING FOR OCTOBER 11, 1999, TO REVOKE SPECIAL USE PERMIT, SP #89-14, FOR CHOPPER CITY SPORTS, GENERALLY LOCATED AT 7191 HIGHWAY 65 (WARD 2): Mr. Burns, City Manager, explained that this was a motion to establish a public hearing to consider the revocation of a special use permit for Chopper City Sports. Staff observed that Chopper City Sports had been exceeding the number of items and the manner of storage of items outside their store on Highway 65. Staff made similar observations last year. Since staff"s notifications have generally been ignored by Chopper City Sports, staffed recommended that Council establish October 11 as the public hearing date required for the revocation of a special use permit. SET THE PUBLIC HEARING FOR OCTOBER 11, 1999 TO REVOKE SPECIAL USE PERMIT, SP #89-14, FOR CHOPPER CITY SPORTS, GENERALLY LOCATED AT 7191 HIGHWAY 65. 7. RESOLUTION NO. 65-1999 CALLING FOR A PUBLIC HEARING ON OCTOBER 11, 1999, ON THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR REDEVELOMENT PROJECT NUMBER 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCRMENT FINANCING DISTRICTS NUMBERS 1-3, 6, 7 AND 9-16, TO REFLECT ENLARGEMENT OF THE PROJECT AREA AND INCREASED PROJECT COSTS TO BE UNDERTAKEN WITHIN REDEVLOPMENT PROJECT NUMBER ONE AND THE EXTENSION THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 6 OF THE DURATION OF TAX INCREMENT FINANCING DISTRICT NO. 6PURSUANT TO A SPECIAL LAW: Mr. Burns, City Manager, explained that this was consideration of a resolution setting October 11 as the public hearing date for considering the modification of our redevelopment plan, the expansion of our tax increment financing project area and the extension of the duration of Tax Increment Financing District #6. The tax increment financing plans for a number of districts need to be updated to reflect recently proposed expenditures. Staff also recommended that Council expand the redevelopment project area in the section of Fridley that is south and west of 61St Avenue. This project area expansion would allow spending tax increment in these areas. Staff also recommended that Council include the extension of the duration of TIF District #6 for consideration in this public hearing. Staff recognized that formal extension of the district was tied to the conclusion of negotiations with Medtronic. ADOPTED RESOLUTION NO. 65-1999. 8. RESOLUTION NUMBER 66-1999 ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR THE CALENDAR YEAR 2000: Mr. Burns, City Manager, explained that this item was consideration of a resolution pledging the City's continued participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act for the year 2000. Staff proposed that the City participate for a fourth year in the Metropolitan Council's Livable Communities Act Program. In order to participate, the City must agree that it will negotiate with the Metropolitan Council to establish "affordable and life cycle housing goals." It must also agree to participate in the Local Housing Incentives Program. By agreeing to these things, the City gains access to the various Livable Communities funding accounts. Since the City has benefited by these funds in the past and hopes to benefit by them in the future, staff recommended that Council approve this resolution. ADOPTED RESOLUTION NO. 66-1999. 9. RESOLUTION NUMBER 67-1999 AMENDING THE TRANSPORTATION CHAPTER OF THE COMPREHENSIVE PLAN REGARDING A TRAFFIC CONCERN OF TRUNK HIGHWAY 65: Mr. Burns, City Manager, explained that this resolution amended the Transportation Chapter of the Comprehensive Plan. Staff requested that THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 7 Council approve the amendment to the Transportation Chapter of the City's Comprehensive Plan in conjunction with the grant application for federal funding of additional improvements to Highway 65. The amendment adds text to our Transportation Chapter that reflects the desirability of widening Highway 65 between I-694 and 63rd Avenue in Fridley. This amendment strengthens our grant application by demonstrating that the proposed project is consistent with the City's Comprehensive Plan. Metropolitan Council staff reviewed and approved the City's amendment. Staff asked Council to formally adopt the amendment. The grant application would be submitted by September 20, 1999. ADOPTED RESOLUTION NO. 67-1999. 10. RESOLUTION NUMBER 68-1999 ORDERING THE REMOVAL OR REPAIR OF A HAZARDOUS BUILDING, PURSUANT TO MINNESOTA STATUTES SECTION 463, LOCATED WITHIN THE CITY OF FRIDLEY, MINNESOTA (532 JANESVILLE STREET (WARD 3Z Mr. Burns, City Manager, explained that this demolition resolution ordered the removal of a hazardous building located at 532 Janesville Street. Staff recommended the demolition of a fire damaged building as provided for under Minnesota State Statutes. The building was inspected by the Chief Building Official on July 2, 1999, who determined it to be hazardous and damaged beyond repair. Upon passage of this resolution, the owner, John L. Theis, has twenty (20) days to demolish the structure. If he fails to do so the City would then get a court order to remove the building. In the event that the City removes the building, costs would be assessed against the property. Staff recommended Council's approval. ADOPTED RESOLUTION NO. ??-1999. 11. APPROVE REALLOCATION OF 1999 CDBG FUNDS: Mr. Burns, City Manager, explained this was consideration of a motion approving reallocation of 1999 CDBG Funds. By this action, staff recommended that money allocated for targeted code enforcement be redirected to the City's housing rehabilitation program. The additional funds are needed to meet the demands of current housing rehab applicants. Staff recommended Council's approval. APPROVED REALLOCATION OF 1999 CDBG FUNDS. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 8 12. APPROVE ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY AND BRIGHTON VETERINARY HOSPITAL: Mr. Burns, City Manager, explained this was consideration of a motion approving an animal control contract with Brighten Veterinary Hospital. The Police Department has been very happy with the services provided by the vendor. There are no changes to this contract which, would run until August 31, 2000. The annual fee that the City pays for these services remains at $1,200 per month. The duties of the vendor include providing shelter for animals that are dropped off, euthanasia and disposal of animals that are held for longer than five business days, receiving and disposing of dead animals delivered by the City, and the maintenance of accurate records of the above activities. Staff recommended Council's approval. APPROVED ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY AND BRIGHTON VETERINARY HOSPITAL. 13. RECEIVE BIDS AND AWARD CONTRACT FOR THE PURCHASE OF A NEW POINT OF SALE INVENTORY MANAGEMENT SYSTEM: Mr. Burns, City Manager, explained that this was consideration of a motion to receive bids and award a contract for the purchase of a new point-of-sale inventory management system for the Fridley liquor operations. The City solicited bids for a new point-of-sale inventory management system for our Fridley liquor operations. The low bidder was Dailey Data & Associates in the amount of $33,661.60. The bid includes hardware and software for all three liquor stores. The other bids were as follows: Retail Data Systems, $48,786.00; and Total Register Systems, $44,096.40. Staff recommended that Council award the contract to the low bidder. RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE PURCHASE OF A NEW POINT OF SALE INVENTORY MANAGEMENT SYSTEM TO THE LOW BIDDER, DAILY DATA ASSOCIATES, FOR A TOTAL AMOUNT OF $33,661.60. 14. RECEIVE BIDS AND AWARD CONTRACT FOR PROJECT NUMBER 326, LIQUOR STORE PARKING LOT IMPROVEMENTS: Mr. Burns, City Manager, explained that this was consideration of a motion to receive bids and award a contract for liquor store parking lot improvements. Three bids were received for parking lot improvements associated with the new Fridley liquor store on 57th Avenue. They were as follows: Diversified Paving, $33,838.50; H&M Asphalt, $35,255.00; and North Valley Paving Inc., $39,865.00. The low bidder was Diversified Paving, Inc. of Ramsey, MN in the amount of $33,838.50. The low bid was THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 9 below the estimate of $36,000. Staff recommended Council's approval of the low bidder and the low bid amount. RECEIVED BIDS AND AWARDED CONTRACT FOR PROJECT NUMBER 326, LIQUOR STORE PARKING LOT IMPROVEMENTS TO THE LOW BIDDER, DIVERSIFIED PAVING, INC., IN THE AMOUNT OF $33,838.50. 15. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 88983 THROUGH 89253. 16. LICENSES: APPROVED LICENSES AS SUBMITTED. 17. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Frederick W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of August, 1999 $ 5,000.00 Visu-Sewer Clean & Seal, Inc. 3940 Louisiana Avenue St. Louis Park, MN 55426 Sanitary and Storm Sewer Repair Project Number 320 FINAL ESTIMATE $126,370.40 Park Construction Co. 7900 Beech Street N.E. Minneapolis, MN 55432-1795 Riverview Heights Area Improvement Project Number ST. 1999 - 1 Estimate Number 5 $451,811.21 THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 10 Ron Kaasa Construction 6005 - 250th Street East Elko, MN 55020 1999 Miscellaneous Concrete Curb & Gutter & Sidewalk Project Number 322 Estimate Number 6 $ 10,309.78 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 Barnette 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 Bolkcom to approve the agenda as submitted. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED 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. Traci Erickson, representing the owners of Park Plaza Estates, a manufactured home park on Central and 76th Avenues, 1130 Fireside Drive, stated that the owners of Park Plaza are concerned because their sanitation hauler, Best Disposal Services, sent a letter to the office regarding the size of the refuse containers outside the mobile homes. Currently the containers are 90 gallon containers. The letter Best Disposal Services sent stated that the company would like the park residents to use 32 gallon containers. The 90 gallon containers have been used for several years, and now the park has only 45 days to remove them. The residents will most likely oppose this request and are happy with the 90 gallon containers because there is less garbage lying around, the containers are easier to use, more convenient, and more cost efficient. In order to use the 32 gallon containers, each resident would have two or three containers outside their home, and the price will go up. A special consideration for a manufactured home park is that it is are billed THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 11 as commercial use, and there are spacing issues with no garages to put the containers in. The homes are also located much closer together. Ms. Erickson stated that it is her intent to work with the City to come to a resolution with this problem. Mayor Jorgenson thanked Ms. Erickson for bringing this to the City's attention. Mayor Jorgenson asked if any other members of the public wished to address anything not on the agenda. No other persons in the audience spoke. PUBLIC HEARING: 18. PROPOSED ASSESSMENT FOR THE OSBORNE ROAD IMPROVEMENT PROJECT NO. ST. 1994-5 (OLD CENTRAL TO STINSON BOULEVARD�(WARD 2� MOTION by Councilmember Billings, to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:07 P.M. Mr. Pribyl, Finance Director, explained that this public hearing pertains to concrete, curb and gutter and also includes full road reconstruction. There are 25 affected properties. The proposed assessment initially was made at $11 per square foot. The final cost assessment is $18.60 per square foot. The total amount of the proposed assessment is $14,622.56. Mayor Jorgenson asked if any members of the public wished to address any concerns with the assessment proposed. Ms. Janet Rudwitski, 1658 Osborne Road, stated that she paid assessments for curbing on 76th Avenue previously and questioned whether she would have to pay this assessment for Osborne Road. Mr. Flora, Public Works Director, stated that Fridley's current policy was for assessing the front footage of the street address only for curbing. Ms. Rudwitski stated that she was assessed in 1976 for 76th Avenue. The assessment was around $7,200. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 12 Mayor Jorgenson stated that someone from the Public Works Department would be checking into this matter and would contact Ms. Rudwitski with more information. Councilmember Billings asked if storm sewer assessments could be applied to these kind of assessments. Mr. Pribyl stated that could be possible. He said that staff would be in direct contact with Ms. Rudwitiski regarding this matter. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAJOR JORGENSON DECLARED THE PUBLIC HEARING CLOSED AT 8:16 P.M. 19. PROPOSED ASSESSMENT FOR THE 57TH AVENUE STREET IMPROVEMENT PROJECT NUMBER ST. 1997-4: MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE PUBLIC HEARING OPEN AT 8:17 P.M. Mr. Pribyl, Finance Director, stated reconstruction on 57th Avenue. The University Avenue west to Main Street cost of this project was $1,045,000. $208,019.07. Assessment is for ten interest. that this assessment pertains to full project extended from 57th Avenue . There were eight affected properties. Total assessed costs of this project years at six and one-half percent (6 1/2 road from Total was o�o� MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to receive the letter from David and Norma Rust, dated August 31, 1999. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSEN DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom said the letter stated that the Rusts object to the method of the proposed assessment which fails to meet the requirements of Minnesota Law. Councilmember Bolkcom asked Mr. Pribyl if the assessment was any different than any other assessment. Mr. Pribyl stated that the City has followed the same procedure described by Minnesota State Statutes. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 13 Mr. Lawrence Marofsky, 7022 Brooklyn Boulevard, stated that he was an attorney for the Rusts. He stated that he understood the methodology for assessing was determined on a front foot basis. Mr. Pribyl stated that was correct. Mr. Marofsky stated that Minnesota law indicates that is an acceptable way to start the project, but the City may not assess more than the increase in value that is going to be generated by this property. This is an eight unit apartment building in a commercial area. This project would benefit the commercial area. The residential property does not benefit by adding increased traffic. It does not increase the value of the unit or the rent. In the first year, the rent would have to be increased $20 per unit per month in order to recoup the amount of the assessment. At this point in time, assessing on a front foot basis was not appropriate. A market value by an appraiser would be necessary to determine what, if any, increase in value it might have for this apartment. Mr. Marofsky asked Council to consider adopting this assessment without the Rusts' property included. Councilmember Billings asked Mr. Marofsky if he meant that the assessment for commercial increases the value for commercial property but does not increase the value of the residential property. Mr. Marofsky stated that was correct, but he does not represent commercial property so he cannot say for sure. Councilmember Bolkcom asked Mr. Knaak if other street improvements would increase the value of apartment property. Mr. Knaak stated that they could, but he could not speak as to the specifics of this particular site. Councilmember Bolkcom asked Mr. Knaak what other choice the Rusts have if Council approves the assessments. Mr. Knaak stated that the Rusts have other avenues of appeal and the process begins tonight. They need to be here tonight if they are going to object. Mayor Jorgenson asked if any other members of the public or Council wished to address this item. No members in audience or Council spoke. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 14 MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE PUBLIC HEARING WAS CLOSED AT 8:26 P.M. OLD BUSINESS: 20. SPECIAL USE PERMIT, SP #99-04, BY JEFFREY VOGEL, GRACE EVANGELICAL FREE CHURCH, TO EXPAND THE EDUCATIONAL, ADMINISTRATIVE, AND GYMNASIUM SPACE OF THE CHURCH, GENERALLY LOCATED AT 755-73RD AVENUE N.E. (TABLED JULY 26, 1999)(WARD 1): MOTION by Councilmember Billings to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated that on July 26, 1999 staff gave a presentation that indicated the Planning Commission recommended approval of this special use permit with six stipulations. Church representatives spoke to Council at that meeting also. They indicated they were not in agreement with two of the six stipulations. One of the stipulations was addressing the design elements on the gymnasium side of the addition. The second stipulation was regarding a stepped wall concept recommended by staff in order to mitigate the mass of the building. The height of the building at that time was 39 feet but has now been lowered to 36 feet, nonetheless, within 80 feet of a single family residential structure. Mr. Hickok stated that the church held an open house with the neighborhood to talk about their concerns. The designs at that point were not pinned down, although they talked about different stepped options, and the vertical option which the church was really seeking. The church indicated that they were concerned about the stepped stipulation from a design perspective. Budget-wise it would have cost $200,000 to break that step design. They were also concerned about loss of square foot dimension. Mr. Hickok stated that the stepped building design would allow for an integration of a mass into a neighborhood. It would allow a visual distinction between the first second and third floor so the eye carries up toward the top and would not feel that much more imposing on the neighborhood. The church responded by indicating they would like to look at an alternative, and staff was open to looking at those alternatives. Banding seemed to be a middle ground discussion to allow a continued band around the base of the building. Windows were also discussed as to THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 15 how they could break up the fa�ade of the building and take away from apartment appearance facade. The education/administration building that currently exists is a split-foyer. They are lacking a multi-purpose space for all of their activities and feel it is an essential element of their redevelopment site. The church is not removing its sanctuary space and other gathering space. They hope to reflect some of the detail of that into the larger three-story building. The proposal that came back after much discussion was a proposal for tip-up panels. Banding would be consistent around the entire building with a lighter banding on top to give it a lighter feel about it and make it feel like it is not such an imposing mass. One of the compromising issues with a neighboring property was that they took out the third story windows. Mr. Hickok pointed out that a tip-up panel is a very typical building element in the industrial district but very rarely seen in churches. There are windows punctuating the tip-up panel which helps a bit but this is an impression in a flat face. Mr. Hickok stated that he would suggest putting the windows back in and use the real materials. As designed, staff recommended denial, in spite of the fact that the Planning Commission recommended approval with six stipulations. Mr. Hickok stated that the Planning Commission did not have the benefit of knowing about tip-up panels and that it would be a flat facade. It takes it one step back and strikes against the concern of the height of the building 80 feet away from a residential property. When the sun hits it just right, you might see the brick impression in the panels, but most times of the day it would look like an industrial panel that has been painted two different colors to mimic these materials. For that reason, staff recommended denial. If Council felt compelled to grant this special use permit, staff would recommend adoption of the original six stipulations. The final two stipulations requiring that staff review and approve the banding design, cohesiveness, and other design is necessary. Mr. Hickok stated that he was disappointed in the outcome. Step design is a very doable design and is one that would make a three-story building adjacent to single story properties to be compatible. The recommendation for denial was based on compatibility. Councilmember Barnette asked if Target, on the corner near the Municipal Center, had tip-up panel with impressions. Mr. Hickok stated that it was different. It was a panel with a brick application, which was more expensive. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 16 Councilmember Billings stated that Stipulation No. 5 approved by the Planning Commission states that the gymnasium and administration/ education building had to have the same components. He asked Mr. Hickok if he knew what the exterior of the education/administration building would be at the Planning Commission meeting. Mr. Hickok stated that just before the meeting the brochure that went out to the neighbors describing that the design appeared to be brick with a possible block facade on the education/administration building. Councilmember Billings asked if Stipulation No. 5 was based on the assumption that the education/administration building would be brick and block; therefore, the stipulation was that the gymnasium would match. Mr. Hickok stated that was correct. MOTION by Councilmember Billings, seconded by Councilmember Barnette, for approval of Special Use Permit, SP #99-04, with the following five stipulations and removing the sixth stipulation as presented by the Planning Commission: 1) The petitioner shall place an adequate number of spruce trees along the portion of the eastern property line, where only bushes currently exist, to provide property screening for neighboring property. A landscape plan shall be submitted and approved by the City prior to issuance of a building permit; 2) Newly created parking spaces shall be lined with concrete curb and shall be properly striped to accommodate the required number of parking stalls; 3) The drive on the east side of the church shall remain a one-way with angle parking; 4) Special Use Permit, SP #83-03, shall be replaced by Special Use Permit, SP #99-04; 5) The petitioner shall construct a gymnasium out of the same exterior materials as those proposed to be used on the proposed administration/education building. The exterior elevation plans for the gymnasium shall be reviewed and approved by City Staff prior to issuance of a building permit. Mr. Hickok stated that Stipulation No. 6 was that the petitioner shall step the east wall of the administration/education building. Councilmember Bolkcom asked Councilmember Billings why he made the motion to approve the special use permit. Councilmember Billings stated that he felt it would be very difficult structurally to achieve the stepping for the church. Mr. Scott Roberts, Genesis Architecture, representing the Grace Evangelical Free Church, stated that there were a couple items he would like to add to the discussion. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 17 Councilmember Billings asked Mr. Roberts if the tip-up panels were similar to the Target panels here in Fridley. Mr. Roberts stated that he was not familiar with the Target panels, but he thought the patterning was the same. It is different because the brick was actually applied to the panels in the Target case. Mr. Roberts stated that at the neighborhood meeting with the church, there were concerns about traffic generated by the softball field. The church was not opposed to the location of speed bumps or opening up the west end of the parking lot to alleviate the flow of traffic to the east side. Another major piece talked about was the screening along the east side. Coniferous trees would be provided. The church looked at putting 14 or 16 foot coniferous trees. The church has lowered the building height to 36 feet. The tip-up panels are a stamped product, not individual pieces but utilizing different patterns. A block size pattern base, a mid-brick size pattern in between, and stucco finish on top. The church responded to the neighborhood concerns regarding the windows and took out the third story windows because the neighborhood felt it was an invasion of privacy with the windows on the third floor. Councilmember Billings asked if the face of the building was perfectly flat or if it had outcroppings and corners. Mr. Roberts stated that there would be projections at each of the corners that would be symmetrical. At the entry there would be a projection to break up the fa�ade and protect people from the weather. Mr. Roland Peterson, Chair of the Grace Evangelical Free Church, stated that the church was trying their very best in terms of what they can afford and what they could do. They are pressed with a very difficult situation. The church has estimated that they can currently raise about $100,000 per year in their budget to pay for building on to their church. For a capital campaign in a three-year period they are estimating they could raise possibly $800,000. In their current situation, $300,000 over a three-year period would give the church about $1,500,000 which would require them to set aside about $11,421 per month. The church is not a wealthy congregation. If the church was forced to use a brick block veneer, the church would not be able to afford to do it. The church was trying to create a building that would be an asset to the City and would like to stay in Fridley. The church pleads with the City Council to grant the church this privilege of doing as they have proposed. Dr. Larry Lucas, Senior Pastor of Grace Evangelical Church, stated that he appreciated concern shown by Council and staff. The church was pleased that Council appeared accepting of the concept. Tilt wall construction is being used more extensively by many non-profit organizations to stay within a budget. The THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 18 church was striving toward having an attractive building that fits into the neighborhood which would be a credit to the community. Mr. Rick Rovering, 7300 Jackson Street, stated that he was opposed to this project. He was concerned about the change of view in sunset that he has from his residence. He felt that staff"s recommendations were accurate, and the church would not look authentic with the type of veneer they are proposing. He also felt there would be an invasion of privacy with the windows on the second story. A site of this size would not support an addition of this size. He was not as concerned about the traffic, but he felt the church was trying to accommodate their space wants, not the space needs. Councilmember Billings stated that he thought the windows were being put in to break up the scale of the facade in response to the neighborhood. He questioned Mr. Roberts about the cost of the panel the church was presenting in its most recent proposal. Mr. Roberts stated that the church was amenable to not having windows on the third story in response to the neighbors. The cost of the panel the church was presenting in the most recent proposal was about $9 to $15 per square foot. Councilmember Billings stated that the Planning Commission suggested that the treatment of the gymnasium would be the same as the administration portion of the building, and they were under the assumption that the gymnasium would be actual brick and block. He does not want to be putting the church out of business or to force them to go to another city, but he certainly does not want to have a building in a neighborhood looking like a cheap warehouse. Mr. Roberts passed around a picture of an example of what would be the block pattern the church was proposing to use. Ms. Barbara Sweeney, 7320 Jackson Street, stated that she would be viewing a gymnasium with a block wall from her yard. She felt it was an invasion of privacy with the windows on the second story. She stated that the proposed church size was too large for the church site. Mr. James Sweeney, 7320 Jackson Street, presented a diagram that he made depicting the view from his yard in relation to the height of the proposed addition. He stated that if the church added on as planned, one year from now his sunset would be at 6:10 p.m. rather than the current 7:21 p.m. He does not favor this plan at all. Mr. Rovering stated that he would challenge some of the church members as to whether they would like something like this in their backyards. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 19 Councilmember Wolfe asked Mr. Sweeney how many other houses would be affected by the earlier sunset. Mr. Sweeney stated that there would be three houses affected by it. The neighbors across the street are affected also but not as much. Councilmember Billings stated that the special use permit according to state law states that this was a permitted use but does need to get approval of City Council. The church is entitled to have reasonable use of their property as long as it does not impart damage to the general welfare of the City. He was concerned with the visual appearance of the property and would like to see Stipulation No. 5 that allows staff to approve the materials. Mr. Knaak stated that with Stipulation No. 5, he would suggest for clarification purposes to give authority to staff to approve or disapprove and to change the sentence to read as follows: The petitioner shall construct a gymnasium out of the same exterior materials as those proposed to be used on the proposed administration/education building. The exterior elevation plans for the gymnasium shall be reviewed and approved or disapproved by City staff prior to issuance of a building permit. No permit may be issued until staff approval has been given. MOTION by Councilmember Billings to amend Stipulation No. 5 as given by the Planning Commission. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings asked Mr. Hickok if staff would be willing to accept paneling similar to the Target style for the church, and if they are willing to look at the third story windows from the views of the neighborhood. Mr. Hickok answered in the affirmative. Councilmember Billings stated that he felt it was the Planning Commission's intent to raise the standard of the gymnasium up to the office/administrative building. He hoped that staff and the church would be able to find some middle ground with respect to the materials to be used. Again, he stated that he would hate to see the church move out of the City. Dr. Lucas stated that the church has no objection to working with City staff. He asked if the church could bring this issue back to Council if staff and the church reached an impasse on the materials used? Mr. Knaak stated that was correct. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 20 Mr. Rovering stated that he disagreed with the concept of adding a gymnasium. He stated that the church runs quite nicely without one, and he felt the neighborhood's concerns are not being addressed. Mayor Jorgenson stated that she understood what the neighborhood was saying, but the church was only asking to use their property to meet the needs of their congregation. The church must have the ability to use their property to meet the neighborhood's needs. Councilmember Bolkcom stated that she would not vote to go along with this due to the huge impact of the church on the neighborhood. There was no other church in the Fridley area that has the impact this church would have. She stated that she is concerned with the huge difference in site lines and sunsets. Mayor Jorgenson stated that there was a motion on the floor to approve the special use permit with five stipulations with the language amending the fifth stipulation as suggested by Mr. Knaak. UPON A VOICE VOTE, COUNCILMEMBER BILLINGS, COUNCIL- MEMBER BARNETTE AND MAYOR JORGENSON VOTING AYE, AND COUNCILMEMBER BOLKCOM AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED THREE TO TWO. NEW BUSINESS: 21. SPECIAL USE PERMIT, SP #99-07, BY MICHAEL MCPHILLIPS, TO ALLOW A TEN-FOOT CURB CUT TO ACCESS AN ACCESSORY BUILDING, GENERALLY LOCATED AT 291 SYLVAN LANE (WARD 1�: Mr. Hickok stated that, in 1986, the petitioner, Mr. McPhillips, asked, in 1986, to allow a special use permit to build his garage to accommodate a storage shed in which no curb cut would be necessary. There has been a need for the petitioner to travel with a classic car to and from his garage. Sometimes it means traveling across the lawn to go into this garage. Staff recommended Council's approval of this request. Councilmember Billings asked Mr. Hickok if moving the classic car in and out of the garage twelve times a year is regular use. Mr. Hickok stated that staff was not looking at the number of times the car was being moved in and out but the wear and tear on the turf. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 21 Councilmember Billings asked if it was true that the petitioner was thinking of selling his classic car in a year or so. Mr. Hickok stated that was correct. Councilmember Bolkcom asked why the petitioner would need a curb. Mr. Hickok stated that it was an inconvenience for those few times the petitioner wanted to take the car out. The property owner does not want to drive over the curb with the classic car. The special use permit would go with the property and staff would always have the discretion to make sure the special use permit was being used in accordance with the five stipulations. Councilmember Billings stated that the intent was to waive the normal requirement connecting a paved driveway to an accessory building which was permitted under the ordinances. The question was if they allow the trees that are in the way to be removed for an intermittent use of access or put in Stipulation No. 1 to make sure the owners adhere to the code. Councilmember Bolkcom asked if the City allows accessory buildings to have parked cars. Councilmember Billings stated that the City does if the driveway is paved. Councilmember Bolkcom stated that her concern was that they have the issue of people driving on lawns and parking on grass all over the City. Mayor Jorgenson asked if staff could insure this would still be used appropriately when a change of ownership would happen. Mr. Hickok stated that he trusts that staff would monitor this particular site. Councilmember Billings stated that in his estimation, the language presented by the Planning Commission satisfies all of his concerns. Councilmember Bolkcom asked Mr. Knaak if he felt it would be better to add an additional stipulation. Mr. Knaak stated that they could add a separate addition saying that this special use permit shall be for the purpose of access to the accessory structure for a classic vehicle. MOTION by Councilmember Billings, seconded by Councilmember Barnette, to approve the Special Use Permit, SP #99-07, including the amended Stipulation No. 6 as follows: 1) At staff"s discretion, inspections will be conducted of the area THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 22 between the curb cut and the garage and, if found to be regularly used as a driveway, a hard surface drive shall be constructed or the curb cut removed; 2) All necessary permits shall be obtained from the City prior to construction; 3) The structure shall not be used for a home occupation; 4) All vehicles shall be stored on a hard surface driveway as approved by the City; 5) The siding and roof materials on the accessory structure shall continue to match the exterior of the existing home; and 6) Special Use Permit, SP #99-07 shall be for the purpose of access to the accessory structure for a classic vehicle. UPON A VOICE VOTE, COUNCILMEMBER BILLINGS, COUNCILMEMBER BARNETTE, AND COUNCILMEMBER WOLFE VOTING AYE, AND COUNCILMEMBER BOLKCOM AND MAYOR JORGENSON VOTING NAY, MAYOR JORGENSON MOTION CARRIED BY MAJORITY VOTE THREE TO TWO. 22. RESOLUTION ADOPTING ASSESSMENT FOR OSBORNE ROAD IMPROVEMENT PROJECT NUMBER ST. 1994-5 (OLD CENTRAL TO STINSON BOULEVARD) (WARD 2� Mayor Jorgenson asked Mr. Pribyl, Finance Director, if they could exclude one property from the resolution or would it be best to table this item. Mr. Pribyl stated that it would be best to table this item for further consideration by staff. MOTION by Councilmember Wolfe to table this resolution. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 23. RESOLUTION NO. 69-1999 ADOPTING ASSESSMENT FOR 57Tx AVENUE STREET IMPROVEMENT PROJECT NUMBER ST. 1997-4: MOTION by Councilmember Bolkcom to adopt Resolution Number 69-1999. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 24. INFORMAL STATUS REPORTS: Mayor Jorgenson stated that the 50th Anniversary Task Force will have a meeting on the second Thursday of the month in October. THE MINUTES OF THE MEETING OF SEPTEMBER 13, 1999 PAGE 23 Councilmember Bolkcom wanted to remind everybody of the big bash this weekend for the 50th Anniversary party with all activities being free. Fireworks would start around 8:45 p.m. Saturday night. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAJOR JORGENSON DECLARED THE MOTION CARRIED AND THE SEPTEMBER 13, 1999 MEETING OF THE CITY COUNCIL WAS ADJOURNED AT 10:15 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor