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10/09/2006 - 00027666CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 9, 2006 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Bolkcom Councilmember Wolfe OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director PROCLAMATIONS: Mayor Lund presented the following proclamations: Columbia Park Medical Group Day - October 14, 2006 Toastmasters Month - October, 2006 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 25, 2006 APPROVED. INFORMATION ON WATER DEPARTMENT: Jon Haukaas, Public Works Director, gave recognition to the new supervisor, Kory Jorgensen, who has worked with the City for 20 years. He gave a short overview of the Fridley water system. It includes three water filtration plants. The main plant is on 61st Avenue. The second FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 PAGE 2 one is at Locke Park near Columbia Arena, and the third is on Highway 65 and 73 '/z Avenue. There are three water towers and one ground storage reservoir which holds 6 million gallons of storage, 113 miles of watermain, over 1,000 hydrants, and approximately 8,400 connections. Five City water workers maintain that infrastructure throughout the year, in addition to helping with the winter plowing, any other utility repairs, weekend duty, etc. The City's maximum filtration capacity is 18.2 million gallons a day. In 2005, the City provided 1.22 billion gallons of water. Of that only 31,000 gallons were not filtered. Fridley has some of the lowest rates in the area. Blaine is the only neighbor that is lower, but they provide only about 30 percent filtered water. Fridley's water quality is excellent. Mr. Haukaas stated over half of Fridley's water is supplied by the Commons filtration plant, which was the focus of one of the City's major projects this year. Some other small projects include improvements to the electrical service and generated power for when the City has power failures. There are six chemical feed systems, and one of them was modified to meet stricter EPA regulations. They were able to do that without doing major renovations. Other upgrades were done including cleaning up older controls, moving valves out of the way, and painting the plant to meet AWWA standards. A new control panel controls the entire process. The panel is automated and can be accessed remotely when necessary. NEW BUSINESS: 1. Approve 2007 Sixty-Day Agency Action Application Deadlines for the Planning Commission and the Appeals Commission Meetings. APPROVED. 2. Approve Metropolitan Livable Communities Act Tax Base Revitalization Account Subgrant Agreement between the City of Fridley and JLT East River Road LLC. Dr. Burns, City Manager, stated the City has applied for funding through the Metropolitan Council Tax Base Revitalization Account. The $168,000 the City has received will be used by JLT to do asbestos removal at the former Tiro Industries plant on East River Road. On June 28, 2006, the Fridley City Council approved the terms of an agreement between the City and the Metropolitan Council. Since JLT can now receive funds directly from the Met Council, this agreement is between the City and 7LT. The agreement reiterates the terms the City has with the Met Council and establishes the responsibility for the subgrantee, JLT. These terms include providing proof of remediation, accurate accounting, expenditures, etc. Staff recommends Council's approval. APPROVED. MOTION by Councilmember Bolkcom to receive the letter dated September 13, 2006, from JLT East River Road LLC. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 PAGE 3 3. Approve Change Order No. 1 to the Salt Storage Building Project No. ST. 2006-1 Dr. Burns, City Manager, stated the change order accommodates the need to make changes in the foundation for the building after discovery of poor soils. The cost of the revised foundation is $5,111, which brings the contract cost with Greystone Construction from $104,910 to $109,621. Staffrecommends Council's approval. APPROVED. 4. Approve Change Order No. 2 to the 2006 Street Improvement Project No. ST. 2006-1. Dr. Burns, City Manager, stated the change order is due to underground conflicts that were not identifiable during the design process, including the street design for improved drainage. The total cost for the changes is $14,949.74. That brings the total contract cost for Park Construction to $3,154,308.47. Staff recommends Council's approval. APPROVED. 5. Resolution in Support of a Minnesota Lawful Gambling Premise Permit Application for Minnesota Junior Hockey League, Inc., Located at White Owl Ventures, LLC, d/b/a Club Array, 7820 University Avenue N.E. (Ward 3) Dr. Burns, City Manager, stated when Main Event became Club Array, White Owl Ventures, LLC, terminated its charitable gambling premise permit for the Italian American Club. The City subsequently received a premise permit application from the Minnesota Junior Hockey League. They currently have a lawful gambling license with Pasquale's Sports Bar at Northtown Mall. The City has found no reason to restrict their locating at Club Array. Staff recommends Council's approval. APPROVED. 6. Approve Renewal of Rental Property License for 190 and 191 Island Park Drive N.E. (Ward 3) Dr. Burns, City Manager, stated the problems with the properties have been corrected, and the owner has paid the rental license fees. Staff recommends Council's approval. APPROVED. 7. Appointment — City Employees Dr. Burns, City Manager, stated staff recommends the appointment of two new police officers, Jonathon McMahon and Benjamin Works. APPROVED. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 PAGE 4 8. Claims (128626 — 128843). APPROVED. 9. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 10. Estimates. APPROVED THE FOLLOWING ESTIMATE: Park Construction 500 — 73rd Avenue N.E., Suite 123 Fridley, MN 55432 2006 Street Improvement Project No. ST. 2006 - 1 Estimate No. 6 ...................... $675,219.44 Midwest Asphalt 5929 Baker Road Suite 420 Minnetonka, MN 55345 Third Street HRA Project No. 369 Estimate No. 2 ...................... $ 73,705.52 Shank Contractors 3501 — 85th Avenue North Brooklyn Park, MN 55443 Fridley Commons Park WTP Upgrade Estimate Nos. 9 & 10 ............ $101,100.00 MOTION by Councilmember Barnette to approve the consent agenda as presented with the addition of a revised Change Order No. 1 to the Salt Storage Building Project No. 369 dated October 9, 2006. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): No items presented. OLD BUSINESS: 11. Resolution Revoking Special Use Permit, SP #03-14, and Approving a New Special Use Permit, SP #06-11, for Central Auto Parts, to Operate a Junkyard in an M-1 Zoning District, Generally Located at 1201 73 �/z Avenue N.E. (Ward 2) (Tabled August 14, 2006) Scott Hickok, Community Development Director, stated a grading and drainage plan was submitted to the Rice Creek Watershed District (RCWD) on Friday, August 25. That plan partly satisfies the 2004 special use permit requirements. The City/RCWD approval of a plan and the installation of fence, landscape, and irrigation was due in 2005. Some of those things were taken care of in 2005. Grading and the storm sewer pipe would need to be completed in 2006 to catch up on deadlines. Installation of the first phase of the curb and gutter and paving would have to take place by March, 2007. Finally, the completion of curb and gutter, paving, landscaping, and irrigation would need to occur by March, 2008. Mr. Hickok stated staff's recommendation is based on the progress that has been made. The business owner has demonstrated progress by completing the preliminary grading and drainage plan. Staff feels that past meetings held no assurances that the property owner supported this preliminary plan or was committed to completing the other 2003 stipulations. Staff is also not confident that the property owner would ensure the plan was completed. Since August, the business owner has agreed to purchase the land from the property owner and they have agreed to terms. Closing is set for late this year. Staff has not been confident the business owner fully understood the importance of the timing of the schedule originally outlined in the 2003 special use permit. Mr. Hickok stated would recommend revoking Special Use Permit, SP #03-14 and approving Special Use Permit, SP #06-11 with seven stipulations. Mayor Lund asked Mr. Haluptzok if he reviewed the proposal from staff. Jerry Haluptzok, Central Avenue Auto Parts, replied that he had. Mayor Lund asked if he was in agreement with the proposal. Mr. Haluptzok said he was. Mayor Lund asked Mr. Haluptzok is he understood the timeline. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 PAGE 6 Mr. Haluptzok said he did. Mayor Lund asked if he was going to be the new owner of the land. Mr. Haluptzok said he hoped so. Mayor Lund asked what happens with the stipulations if Mr. Haluptzok does not become the property owner. Mr. Hickok replied the special use permit does apply to the land. The special use permit and stipulations gets filed with the county and becomes part of the land. Mayor Lund said he wanted to make sure Mr. Buzick was aware of the stipulations. Mr. Hickok replied this does apply to Mr. Buzick with or without him speaking. Mayor Lund asked if Mr. Haluptzok had spoken to Mr. Buzick and if Mr. Buzick was aware of the stipulations to the best of his knowledge. Mr. Haluptzok replied, yes. Councilmember Bolkcom stated the stipulations spell out what they needed to do. Councilmember Billings said Mr. Haluptzok said he hoped to closed on the property. He asked if there was anything that was subject to negotiations. Mr. Haluptzok replied, not at all. Councilmember Billings asked if there was any reason why he would not be able to close. Mr. Haluptzok replied, no. Councilmember Billings asked staff if they had sent the stipulations to the fee owner. Mr. Hickok replied the action taken will be sent to Mr. Buzick. He did communicate with the petitioner/business owner. Mr. Buzick has not received the resolution. Councilmember Billings asked if they will be sending the letter indicating what action was taken to the fee owner and require that the fee owner concur with their actions. Mr. Hickok replied that is the other hearing process. This process is like a rezoning where the property owner is entitled to be present and to speak, but Council can decide. Mr. Buzick was at the last meeting. He knew it was carried over to October 9, and he knew that if he had an interest in the property he should be present at the meeting. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 PAGE 7 Councilmember Billings asked if the letter that is sent will state that the special use permit runs with the land and not with the operator or owner of the business. Mr. Hickok replied that is not a standard part of the letter that goes out but in this particular case, he would be glad to include the statute that talks about special use permits and their application to the land. Councilmember Billings asked that it be sent by mail, return receipt requested. Mr. Hickok said they will send it that way. Mayor Lund asked stipulations and NIr. property owner. Mr. Knaak whether there should be any concern with having these Buzick not being present to comment on the stipulations as the current Mr. Knaak replied, no, especially given the past history where he has been present and made aware of the fact. Whether he chooses to be here does not matter. Councilmember Billings stated he understands the property to the north either has completed or is in the process of doing some grading work to mitigate some of their storm water. Mr. Haluptzok replied that he was. Councilmember Billings asked if the work had been done. Mr. Haluptzok replied, yes. MOTION by Councilmember Wolfe to adopt Resolution No. 2006-68 and revoke Special Use Permit, SP #03-14. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe to adopt Resolution No. 2006-68 and approve Special Use Permit, SP #06-11, for Central Auto Parts to operate a junkyard in an M-1 Zoning District, generally located at 1201 73 '/z Avenue N.E. with the following seven stipulations: 1. Submit a complete site plan, including parking/storage areas and screening, for staff review and approval prior to issuance of land alteration permit. 2. Submit a complete landscaping plan, including irrigation plan, for staff review and approval prior to issuance of land alteration permit. 3. Install first phase of grading and drainage plan (south hal� by June 1, 2007 4. Install screening fence on south side of property by July 1, 2007 5. Install second phase of grading and drainage plan (north hal� and any other required screening fence by October 1, 2007 6. Install landscaping and irrigation by June 1, 2008 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 PAGE 8 7. Comply with all City Codes associated with the business, including but not limited to outside storage, parking, screening, and drainage. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 12. Variance Request, VAR #06-07, by Star Schween, to Reduce the Side Yard Setback on a Corner Lot from 17.5 Feet to 8 Feet to Allow the Relocation of a Garage, Generally Located at 6101 Sixth Street N.E. (Ward 1). Scott Hickok, Community Development Director, stated the petitioner desires to rotate and move the existing garage closer to the 61st Avenue side of the property and move it so she has access from Si�th Street. In her hardship statement she said: At this time my garage faces 61st Avenue and I would like to move my garage so that it faces the 6th Street driveway. It is hazardous to back out of my garage onto 61st Avenue which is busy with vehicle traffic. However, my other and more important concern is the sidewalk on 61st Avenue is very busy with residents going to and from the park on 7th Street. I try to be very careful when backing out of my driveway, but it really is hazardous and I'm concerned that one of the children will come down the street so quickly that I will not see them. Mr. Hickok stated the property is zoned R-1, Single Family Residential, as are all the surrounding properties. It is located on the northeast corner of Si�th Street and 61st Avenue and the home was constructed in 1958 and the garage in 1970. A hard surface driveway exists off of Si�th Street and 61st Avenue to the existing garage location. It is quite a unique situation that it has two concrete driveways. A 17.5 foot side yard setback is required on a corner. The existing garage is 27 feet from the yard property line from the south side. Mr. Hickok stated although City staff had no recommendation on a similar corner lot setback reduction on Sylvan Lane, staff feels that there was enough significant difference between the two requests to recommend denial of this request. There are three clear differences as they see them on these two properties. The current setback of the existing homes along 61st is one of the key components here. It is clear they would be breaking new ground in putting a structure closer to 61st Avenue. The garage will have a negative impact on the property at 491 - 61st Avenue. At the Planning Commission meeting the owner of the property did speak of his concerns about the impact of this garage in the location being proposed. Finally, the amount of traffic travel on 61st Avenue, when compared to the University Avenue Service Road is quite different because 61st Avenue is a collector street, whereas University Avenue Service Road is not. It is a neighborhood street. All the homes and garages located on 61st Street between Seventh and Fifth Streets have at least 17.5 feet of setback which complies with City Code. This setback would be potentially precedent setting for other corner lots. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 PAGE 9 Mr. Hickok stated the neighboring home is located east of 491 — 61st Avenue and is accessed from 61st Avenue. Relocating the existing garage 8 feet from the property line, will create a line of site issue for this property when backing out of their driveway. One of the concerns of the petitioner is that there is a lot of traffic on 61st and there is a lot of residential foot traffic to and from the park along that sidewalk and location of the garage would create an additional site line problem for the folks backing out of 491 - 61st. This would then create a hazardous situation for the highly traveled 61st Avenue. Before the Commission or Council can grant a variance, it is the responsibility of the applicant to prove that enforcement of the code will cause undue hardship. Mr. Hickok stated City staff has not been able to identify any hardship as defined by law that would allow them to recommend anything but denial of this request. If the garage is to be moved, the hardship that may exist currently will change. In reviewing the petitioner's request, staff applied the legal definition of hardship and developed the following analysis: First, the property cannot be put to reasonable use if used under the requirements of the code. This property in its current condition is being used to accommodate the house and garage. The current garage location is usable and accessible by either Si�th Street or 61st Avenue. The petitioner could relocate the garage to the northeast corner of the lot which would increase the usable space in the rear yard without requiring a variance. Petitioner did express a concern about the utility easement along the east side of the property. The garage could be placed outside of the easement and even be six feet north of the garage and still set it back an adequate distance to not cause a visibility problem or change the streetscape along 61st Avenue. You could have a small turn around in the driveway allowing her to head out onto 61st Avenue. The Planning Commission had an interesting recommendation and that is to move the garage and set it back 17.5 feet. It would allow for a distance between the house and the garage for maneuvering, e�tend the driveway as required, and then remove the existing driveway completely that goes out onto 61stAvenue. Mr. Hickok stated second, the need for a variance is due to unique property conditions. There are no physical characteristics that would deem this site as having unique property conditions. Petitioner's desire to relocate the garage within 8 feet of the side yard lot line on a corner lot is not a unique condition. The existing conditions on the site function properly and other options do exist that do not require a variance. Mr. Hickok stated finally, the variance will not alter the character of the neighborhood. The Code does require the side yard setback to maintain a higher degree of traffic visibility and to reduce the line of sight encroachment into neighboring properties. Relocating the garage to be within 8 feet of the side yard setback on a corner lot would change the streetscape of the neighborhood and would affect visibility of motoring traffic. It would also create a hazardous situation for neighboring properties by limiting their view down 61st and shortening their reaction time as the driver. Staff recommends denial of this variance because of no undue hardship, line of sight related to the new location of the garage and the highly traveled roadway on 61st Avenue, line of site for the neighbors east of the subject property, and granting this variance would be precedent setting for other properties along 61st Avenue. Staff recommends if this variance is granted, the following stipulations be attached: FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2006 PAGE 10 1. Petitioner shall obtain all necessary permits prior to relocating garage. 2. Curb cut on 61st Avenue would be removed and replaced with raised curbing per City specifications at property owner's expense. 3. Landscape, including boulevard area disturbed by old driveway removal, would be restored within 30 days of completion of garage relocation. Mr. Hickok stated that petitioner was not present at the meeting. Edmond Sworsky, 491 — 61st Avenue, said moving the garage would hinder his site. He said the Appeals Commission made the right decision. MOTION by Councilmember Billings to deny Variance Request, VAR #06-07, by Star Schween, to reduce the side yard setback on a corner lot from 17.5 feet to 8 feet to allow the relocation of a garage, generally located at 6101 Si�th Street N.E. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Informal Status Reports. None. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:32 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor