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04/08/1996 - 00001985� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 8, 1996 The Regular Meeting of the Fridley City Council was called to order at 7:55 p.m. by Mayor Nee after the meeting of the Board of Review. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and the audienae in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ASSENT: PROCLAMATION• Mayor Nee, Councilwoman Jorgenson, Councilman Billings and Councilwoman Bolkcom Councilman Schneider DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST: APRIL 14-21, 1996: Mr. Burns, City Manager, read this proclamation proclaiming the week of April 14 through 21, 1996 as Days of Remembrance of the Victims of the Holocaust. Mayor Nee issued this proclamation and stated that in memory of those victims we, as citizens of the City, should collectively and individually strive to overcome bigotry, hatred and indifference through learning, tolerance and remembrance. APPROVAL OF MINUTES: COUNCIL MEETING, MARCH 18, 1996: MOTION by Councilwoman Bolkcom to approve presented. Seconded by Councilwoman Jorgenson vote, all voting aye, Mayor Nee declared the unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: the minutes as . Upon a voice motion carried 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 6, 1996• RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 6, 1996. � FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 2 3. ESTABLISH A PUBLIC HEARING FOR APRIL 22, 1996, FOR AN ORDINANCE AMENDMENT TO LIMIT HARD SURFACE DRIVEWAY OR PARKING STALL SURFACE MATERIAL TO NO MORE THAN 30 PERCENT OF THE CALCULATED FRONT YARD AREA IN R-1 AND R-2 DISTRICTS: SET PUBLIC HEARING FOR APRIL 22, 1996. 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 20, 1996: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 20, 1996. 5. SPECIAL USE PERMIT REOUEST, SP #96-01. BY RONALD AND JANET ZACZKOWSKI, TO ALLOW A SECONDARY ACCESSORY BUILDING IN EXCESS OF 240 SQUARE FEET, GENERALLY LOCATED AT 314 HUGO STREET N.E. (WARD 3): Mr. Burns, City Manager, stated that this is a request for a special use permit to allow a second accessory building at 314 Hugo Street. He stated that the petitioner is proposing to construct a 22 foot by 36 foot attached garage and to keep the existing 12 by 24 foot tuck-under garage. He � stated that the tuck-under garage will be used for storage of the family car, and the proposed attached garage is to be used for storage of a second car, a boat, and a hobby shop. Mr. Burns stated that in the past, the City has allowed two garages and two driveways. Mr. Burns stated that the Planning Commission voted unanimously to approve this request, and staff also recommends approval with the stipulation that the existing 8 foot by 10 foot utility shed and an off-street parking place be removed within one year of the construction of the new garage. APPROVED SPECIAL USE PERMIT, SP #96-01, WITH THE STIPULATION THAT THE EXISTING 8 FOOT BY 10 FOOT UTILITY SHED AND AN OFF- STREET PARKING PLACE BE REMOVED WITHIN ONE YEAR OF THE CONSTRUCTION FROM THE NEW GARAGE. 6. RESOLUTION NO. 27-1996 APPROVING A SUBDIVISION. LOT SPLIT, L.S. #96-01, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS GENERALLY LOCATED AT 276-78 58TH AVENUE N.E. BY VALLEY INVESTMENT COMPANY) {WARD 3): Mr. Burns, City Manager, stated that this lot split will create two lots; Lot A which will be 77 by 135 feet or � 10,406 square feet, and Lot B which will be 65 by 134.9 feet or 8,839 square feet. He stated that Lot B will be non- conforming in that its width will be less than the required 80 feet, and its area will be less than the required 9,000 � FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 3 square feet. He stated that the lot split will also have the impact of officially redesignating the front and rear yards of the duplex which now fronts on Third Street. Mr. Burns stated that, currently, the duplex has a non- conforming rear yard of only 14 feet instead of the required 35.61 feet. He stated that if the lot split is approved, the 58th Avenue side of the property will become the front yard, and the new front yard will measure only 14 feet instead of the required 35 feet. He stated that, in essence, the lot split has the effect of swapping non- conformities for the duplex. He stated the garage that now serves the southern most half of the duplex will be moved to Lot A, and a driveway will be constructed along the west side of the duplex to serve the relocated garage. Mr. Burns stated that the newly created Lot B is being sold for development of a new single family home that must be built within a 42.94 foot by 66.18 foot area or 2,841.77 square feet. He stated that the lot split was unanimously approved by the Planning Commission subject to the following stipulations: (1) the petitioner acknowledges that the City's action creates a non-conforming front yard setback � for the existing duplex; (2) if the petitioner fails to obtain a building permit within twelve months and a certificate of occupancy within eighteen months after approval of the lot split, then the petitioner shall remove the garage on Lot B; (3) the petitioner acknowledges that Lot B has a long, narrow buildable area and shall design a house to fit that area; and (4) the petltioner shall provide adequate parking for the duplex. Mr. Burns stated that there were no ob7ections raised by surrounding neighbors, and staff recommends Counczl approval with the four stipulations. ADOPTED RESOLUTION NO. 27-1996 WITH THE ABOVE FOUR STIPULATIONS ATTACHED AS EXHIBIT A. 7. ESTABLISHING A PUBLIC HEARING FOR APRIL 22, 1996, ON A VACATION REOUEST, SAV #96-01. BY IMPERIAL HOMES. INC., TO VACATE A DRAINAGE AND UTILITY EASEMENT, GENERALLY LOCATED AT 1435 ROYAL OAK COURT N.E. (WARD 2): SET THE PUBLIC HEARING ON THIS VACATION REQUEST, SAV #96-01 FOR APRIL 2�, 1996. � � FRTDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 4 � � APPROVE CHANGE ORDER NO. 4 TO LOCKE LAKE DAM RECONSTRUCTION PROJECT NO. 211• Mr. Burns, City Manager, stated that in finalizing the payment of the Locke Lake dam, staff recognized that additional rebar was used in construction of the dam. He stated that although the additional rebar was not included in the original design, it was agreed to jointly by the contractor, Lunda Construction Company, and the City's consulting engineer, Ayres & Associates, at the time of construction. Altogether 7,493 additional pounds of steel was installed, raising the value of the steel from $25,300 to $29,421.15 or by $4,121.15. He stated that staff recommends approval of the change order to Lunda Con- struction Company in the amount of $4,121.15 for the Locke Lake Dam reconstruction. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. RESOLUTION NO. 25-1996 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR THE FIRST OUARTER OF 1996: � Mr. Burns, City Manager stated that the ad�ustments have arisen as a result of unforeseen expenditures, donations, and reclass�fication o£ line items. He stated that all of the General Fund adjustments ($4,950) are covered by donations from community organizations, particularly the Fridley Lions Club, who contributed $4,500 for constructlon of a decontamination area at our main fire station. io 11 � Mr. Burns stated that this resolution also covers $25,000 in expenditures for investigation of a fuel oil leak from one of two fuel oil tanks located between the main Municipal Center and the Police Department garages. He stated that thus far we have spent about $9,000 for the services of an environmental consultant, Bruce A. Liesch and Associates, and expect to spend up to $25,000 in 1996. He stated that ninety percent of the City's costs are recoverable from Petro Funds. ADOPTED RESOLUTION NO. 28-1996. CLAIMS• AUTHORIZED PAYMENT OF CLAIM NOS. 67194 THROUGH 67553. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK`S OFFICE. � � FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 5 12. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard, N.W. Coon Rapids, MN 55435-5489 Services Rendered as City Attorney for the Month of March, 1996 ... Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnals Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of March, 1996 ... Schield Construction Company 13604 Ferris Avenue South Apple Valley, MN 55124 Stonybrook Creek Bank Stabilization Pro�ect No. 246 Estimate No. 2 . . . . . . . . . . $ $ 1,135.34 4,250.00 $108,085.89 No persons in the audience spoke regarding the proposed consent agenda items. Councilwoman Bolkcom requested that Item 8 be removed from the consent agenda. MOTION by Councilwoman Jorgenson to approve the consent agenda items, with the exception of Item 8. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda with the addition oP Item 8 from the consent agenda. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: � Mr. Michael LaFave, 640 Dover Street, stated that he was at this meeting because of an article in the spring newsletter by Councilman Schneider with regard to prevailing wages. He stated that he finds prevailing wages a very good tool and is not here � FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 6 to debate the pros and cons. He stated he felt that there is some misinformation regarding prevailing wages for the development of the Southwest Quadrant of University Avenue and Mississippi Street, as the article states that prevailing wage is based on union scale. He questioned what union scale was. Mr. LaFave stated that he represents the Sheet Metal Workers, Local 10, and they have many workers in the City employed at various businesses. He stated that union scale depends on the industry, the market, and levels of experience. He stated that he felt this article slights members of organized labor. He stated that most of their members are in the middle class category, and to say this is based on union scale and that the cost impact of the project is about $500,000 over scale is offensive. Mr. LaFave stated that in discussing prevailing wages with the Minnesota Department of Labor and Industry, prevailing wages are determined by a survey process and based on the most common wage in the area. He stated that in this case, it would be Anoka County, and the survey process is done for each individual trade. He stated that he would challenge Councilman Schneider to bring forth any information that prevailing wages are based on union � scale. He stated that in the United States, 71 percent of prevailing wage determinations were based on non-union wages. He stated that in many counties 1n the state, prevailing wages are below building trade wages. Mr. LaFave said the article further states that the likely outcome is that the City will modify the prevailing wage require- ment to exempt residential developments. He questioned if this has been done. Councilman Billings stated that there was a resolution before Council that was adopted by a three to two vote. Mr. LaFave stated he understands that Councilwoman Jorgenson and Councilman Billings voted to keep the prevailing wage requirement and Mayor Nee, Councllman Schneider, and Councilwoman Bolkcom voted to eliminate it. He stated he understands that prevailing wages no longer exist in the City. Mr. LaFave stated that the southwest quadrant project came about because of inadequate housing and the type of problems in this area. He finds it ironic that the City, because of this pro�ect, uses prevailing wages as a tool to lower the wages of people in Anoka County and the City. He stated that he finds this unacceptable. � Mr. LaFave requested that Council correct the misinformation in the newsletter. He stated that there is no way prevailing wages � � � FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 7 are based on union scale, and he felt that this was an insult to the workers employed in the businesses in the City. Councilman Billings stated that he did not believe there were any real delays in the Southwest Quadrant pro7ect created by the fact that the City had a prevailing wage resolution. He felt that any slowdown in negotiations with the developer was probably based on the fact that the chosen developer was the only developer of single family housing that did not pay prevailing wages. He stated that the other developers that built single family housing did pay prevailing wages to their workers, but they were not chosen by a vote of the Housing and Redevelopment Authority and the Council. He stated that the homes built by contractors that pay prevailing wages are as competitively priced as the homes built by Rottlund. He stated that by paying prevailing wages, it does not necessarily increase the cost of the project. Mr. LaFave stated the article mentloned that resldential con- tractors do not pay prevailing wages to their employees. He stated that he believed Rottlund does not pay prevailing wages because they have no workers that do the construction. He stated that they sub-contract their work out. That is used as a tool to not pay worker's compensation and other benefits that are due employees in this state. Councilwoman Bolkcom asked if Rottlund stated that most builders do not pay prevailing wages on residential construction. Ms. Dacy stated that what was said was that the home construction industry is primarily non-union, but some could pay prevailing wage rates. She stated that in the development agreement with Rottlund, despite the repeal of the resolution, there is a requirement that Rottlund comply with all the state insurance and tax rate issues for their contractors and sub-contractors. She stated there is language that addresses the original issue, which was in the resolution adopted six years ago, that if Rottlund uses out of state contractors, or if twenty percent or more of the employees come from out of state, they do have to pay prevailing wages. Councilwoman Bolkcom stated that the Southwest Quadrant was not developed to get rid of any certain types of persons in the City. She stated that it was an area of redevelopment, and there were apartment buildings that needed to be torn down. Mr. LaFave stated that the apartments had become low income housing and the buildings were in bad shape. He stated that by repealing prevailing wage, the City is not looking for standards for the City. He stated that good workers are being punished when the City repeals prevailing wages. � FRIDLEY CITY COUNCIL MEETING OF APRIL S. 1996 PAGE 8 Mayor Nee stated that he did not believe the City was repealing prevailing wages, as it is generally understood, as further requirements were adopted. Mr. LaFave stated he understands that prevailing wages in the City have been eliminated. Councilwoman Jorgenson stated that there is no longer any re- quirement for the payment of prevailing wages when City funds are involved. Mr. LaFave stated that this means the City will not do business with any contractors in the City because they pay prevailing wages. He stated that the prevailing wage laws in the City have been completely watered down as far as City funds. Mayor Nee advised Mr. LaFave that he was sure Councilman Schneider will review his remarks and take them very seriously. NEW BUSINESS: 13. RESOLUTION NO. 29-1996 ADOPTING FINDINGS OF FACT ESTABLISHING THAT A NEW ENVIRONMENTAL ASSESSMENT WORKSHEET � IS NOT REQUIRED FOR LAKE POINTE OFFICE PARK AND RELATED TRUNK HIGHWAY 65/WEST MOORE LAKE DRIVE/CENTRAL AVENIIE INTERSECTION IMPROVEMENTS: Ms. Dacy, Community Development Director, stated that this reso- lution establishes that the findings of fact of a new environmental assessment worksheet (EAW) is not required in this matter. She stated that the City can determine if a new EAW is required. She stated if the City finds that one is not required, then the City needs to establish findings of fact that such a document is not required. Ms. Dacy stated that ten years ago, the City reviewed the work- sheet prepared by the developer and found it was sufficient and that an environmental impact statement would not need to be completed. She stated that last fall, the Housing and Redevelop- ment Authority hired Linda Fisher of Larkin, Hoffman, Daly & Lindgren to coordinate the environmental review permit processes. She stated that Jim Benshoof and Associates was hired to complete the traffic, air and noise analysis required for the indirect source permit application. Ms. Dacy stated that MEPC entered into a contract for exclusive negotiations with the HRA to develop the site and has submitted a master plan. She stated that there is a substantial amount of � documentation that there have been no significant changes in the last ten years. She stated that the proposed development is less intensive than what was proposed ten years ago. � � � FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 9 Ms. Dacy stated that a neighborhood meeting has been scheduled, and the Planning Commission, the HRA, and the City Council will review the master plan in May and June prior to review of the plat and zoning. Ms. Linda Fisher, of Larkin, Hoffman, Daly & Lindgren, stated that she was asked by the HRA to assist them with the environmen- tal law to determine if an EAW is needed. She stated that the City was taking a very pro-active approach and put together a team of consultants necessary to address two primary state law issues. She stated that one issue was whether a new environmen- tal review was necessary. The other issue was to obtain a new indirect source permit and that formal application process would begin for a new air quality permit. Ms. Fisher stated that the resolution before Council basically documents that the preparation of a new EAW is not required under state law. She stated that there has not been a substantial change in the pro�ect or site area and that such a change. If it had occurred, it does not affect the potential for adverse environmental effects. She stated that City staff did a very professional and thorough job, taking their role under state law seriously. She stated that the calculations were compared to the 1986 pro7ect as opposed to MEPC's proposed pro�ect. She stated that changes in the surrounding area were evaluated and the HRA retained a consultant to conduct traffic, noise, and wetland studies. Ms. Fisher stated that with respect to traffic, air quality, and noise, those studies are very conservative. She stated that they are less intense than what was originally proposed in 1986. She stated that even under the worse case scenario, noise, traffic, and water quality was within the limits. She stated that she supports staff's recommendation that a new EAW would not be required for this site which contain very detailed findings. Councilwoman Jorgenson stated that the project area is primarily west of Highway 65, and she was concerned about the West Moore Lake Drive and Central Avenue intersection. She stated that the traffic analysis indicates that in 1999, without the Lake Pointe development, the Old Central/Hackmann Avenues intersection shows 3,320 vehicles per day going through that area. She stated that with the Lake Pointe development, there would be 5,750 vehicles per day. She stated that in the year 2008, the traffic projections are 3,600 vehicles per day, without the Lake Pointe development; and 8,270 vehicles per day vehicles with the Lake Pointe development. 5he stated that her concern is for persons on the east side of the highway and how they are going to get out. Ms. Dacy stated that the information from the consultant on an estimate of the traffic is 9,650 vehicles in 1999 and, with the � � � FRIDLEY CITY COUNCIL MEETING OF APRIL 8. 1996 PAGE 10 Lake Pointe development, it would increase to 10,140 vehicles. She stated that with improvement of the intersection, the level of service will improve from an F to a D. She stated that for the year 2008, the existing 9,650 vehicles would increase to 11,630 vehicles with the Lake Pointe development. She stated that if the Lake Pointe development did not occur, the traffic pro�ections are 10,830 vehicles. Councilwoman Jorgenson asked why there is such an increase in the traffic. Ms. Dacy stated that applies to the west leg of the intersection and does not apply to Hackmann Avenue. She stated that the improvements to the intersection are essential and affects both areas east and west of Highway 65. Councilwoman Jorgenson asked if there would be two left turn lanes and one lane to proceed straight ahead at Highway 65 if a person is proceeding west on Old Central Avenue. Ms. Dacy stated that this is correct. Councilwoman Jorgenson questioned how traffic coming off I-694 and going northbound on Highway 65 would be handled. Ms. Dacy stated that this will be reviewed with the Minnesota Department of Transportation to modify the exit ramp from west- bound I-694 to northbound Highway 65 to provide traffic signal control at the intersection of the ramp and northbound Highway 65. Councilwoman Jorgenson stated that an ISTEA grant of $1.5 million was received, and the changes probably would not be funded until 1999. Ms. Dacy stated that staff will be evaluating if the improvements should be completed prior to the funding being available and requesting reimbursement at a later date. She stated that a report would be sent to Council on this issue. Ms. Fisher stated that from a legal standpoint and in terms of the findings, they are looking at whether there has been a sub- stantial change that would affect the facts. She stated that when the initial traffic analysis was done in 1986, the intersection was identified as near capacity. She stated that ten years ago and today, there continues to be a problem at that intersection. She stated that, in 1986, the EAW identified a need to improve the intersection, on both the east and the west sides, to accommodate full development of Lake Pointe and traffic growth in the area. A conceptual design was also proposed. She stated that the updated traffic study confirmed that and will identify the need for the improvement. She stated that a � FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 11 question Council will be addressing is the timetable for con- struction of that intersection. Councilman Billings pointed out that on Page 3, paragraph 1, lines 2 and 4 of this resolution, the year 1996 should be changed to 1986. MOTION by Councilman Billings to adopt Resolution No. 29-1996. Seconded by Councilwoman Bolkcom. MOTION by Councilman Billings to amend Page 3 of this resolution as follows: in paragraph 1, line 2, the second "1996" should be changed to "1986" and in line 4, "March 17, 1996" should be changed to "March 17, 1986." Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 14. VARIANCE REQUEST, VAR #96-02, BY CORINNE JESPERSEN AND JANET PALMER TO REDUCE THE REAR YARD SETBACK FROM 27 FEET TO 26 � FEET AND TO INCREASE THE ENCROACHMENT OF A DECK IN THE REAR YARD FROM 10 FEET TO 12 FEET, GENERALLY LOCATED AT 6496/98 RIVERVIEW TERRACE N.E. (WARD 3): Mr. Hickok, Planning Coordinator, stated that this was a request for two variances, one for a rear yard setback and the other to increase the encroachment of a deck in the rear yard. He stated that when the home was constructed in 1979, it was built closer to the rear lot line at 26 feet, rather than 27 feet. He stated that staff has no recommendation on this one foot variance, and it is within previously granted requests. ' Mr. Hickok stated that in regard to the variance for encroachment of a deck in the rear yard from 10 feet to 12 feet, staff is recommending denial, as the petitioner can reduce the width of the deck to comply. He stated that when the deck is constructed, the petitioner can reduce the size of the deck to the required ten foot width by removing the two foot cantilever. Mr. Hickok stated that the Appeals Commission recommended approval of the variances with stipulations. He stated that the petitioner submitted letters from three homeowners who are in agreement with the variances. Councilwoman Bolkcom stated that the deck was constructed without a permit, and if the variance was approved there are some issues with the railing and actual footing, � � � FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 12 Mr. Hickok stated that the Chief Building Official has outlined a number of items that need to be addressed, and one is the footings which should not be part of the concrete slab. He stated that because a permit was not issued, there was no inspection by the City. Mr. Hickcock stated that because of the existing porch, it is difficult to determine how the deck was affixed to the home. Ms. Corinne Jespersen, the petitioner, stated that there was a tiny deck on the home when she purchased it. She stated that her son-in-law built the deck without even considering permits or variances. Councilwoman Jorgenson felt that it was an improvement to the property over what existed. MOTION by Councilwoman Bolkcom to grant Variance Request, VAR �96-02, with the following stipulations: (1) the petitioner shall apply for and receive a building permit; (2) the deck and footings shall be inspected; (3) changes shall be made to the deck so that it complies with the Uniform Building code; and (4) the screen porch shall be removed. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. VARIANCE REOUEST, VAR #96-06, BY CORINNE JESPERSEN AND SANET PALMER. TO REDUCE THE REAR YARD SETBACK FROM 27 FEET TO 15 FEET, GENERALLY LOCATED AT 6496-98 RIVERVIEW TERRACE N.E. (WARD 3): Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the rear yard setback from 27 feet to 15 feet to bring into compliance a recently constructed screened porch. He stated that this relates to Variance Request, VAR #96- 02. Once the deck was constructed, the petitioners had a screened porch constructed. Mr. Hickok stated that staff is recommending denial of the variance, as the petitioner can construct a detached, screen enclosed gazebo without a variance. He stated that �he Appeals Commission recommended approval of this variance, as they felt a detached gazebo would be more of an imposition on the neighbors. He stated that the three adjacent neighbors support this variance. Mr. Hickok stated that the screened porch is considered living space and should have the same setback as the home. He stated that since it protrudes into the rear yard the variance is, therefore, requested. � FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 1996 PAGE 13 MOTION by Councilwoman Bolkcom to grant Variance Request, VAR #96-06, with the stipulation that the porch meet all the requirements of the Uniform Building Code and, if necessary, any modifications, additions, or deletions should be completed in order to meet these requirements. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. VARIANCE REOUEST, VAR #96-04, BY JOE MAERTENS, TO REDUCE THE FRONT YARD SETBACK FROM 100 FEET TO 35 FEET, GENERALLY LOCATED AT 160 - 83RD AVENUE N.E. (WARD 31: Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the front yard setback from 100 feet to 35 feet for the construction of an industrial building. He stated that in 1987, a site plan was submitted and a variance was granted. He stated that when the site plan was submitted the petitioner proposed a three phase multi-tenant development. He stated that in 1987, the first phase was completed with construction of an industrial building at 8251 Main Street. In 1989, the second phase was completed with the construction of an industrial building at 100 - 83rd Avenue. He stated that this building would be the third and final phase. He stated that a � five-year time period was placed on the variance that was granted and which has expired. He stated that the site plan is the same as the plan Council reviewed in 1987. Mr. Hickok stated that the Appeals Commission voted four to one to approve the variance. He stated that the request is within previously granted variances, and staff has no recommendation. Councilwoman Bolkcom stated it is her understanding that the issue about changing the building raised questions about traffic flow and parking. Mr. Hickok stated that there was concern about the petitioner's south building that has an enclosed outdoor storage yard. He stated that there was discussion abou� extending this building or combining the buildings. He stated that the petitioner expressed concern about that yard area being lost and the inability to get circulation for the uses that exist. Councilwoman Bolkcom stated that the issue of landscaping and trash was discussed at the Appeals Commission meeting. Mr. Maertens, the petitioner, stated that the landscaping is quite extensive. He felt that the buildings are kept free of trash. He stated that if they moved the driveway it would cause � a traffic problem. He stated that the two buildings constructed are better construction than originally proposed. 1 FRIDLEY CITY COUNCIL MEETING OF APRIL 8. 1996 PAGE 14 Councilwoman Bolkcom asked if the building he was propos2ng is similar to the other two. Mr. Maertens stated that it will be virtually identical. He stated that it is his intention to construct it this year. He stated that in 1987 when the variance was granted, he knew all the buildings would not be constructed at once. He stated that because of the soft real estate market the third building was not constructed. Councilwoman Jorgenson stated that when Springbrook Apartments were constructed there was discussion on the zoning and how it would af£ect the industrial and commercial areas. Mayor Nee stated that there was discussion on setbacks when Springbrook Apartments were constructed, and this would not be applied to Mr. Maerten's pro7ect. He stated that the pro�ect has been exceptionally well done and would actually improve the area. Mr. Hickok review the three stipulations. Mr. Maertens stated that he had no ob�ection to these stipulations. MOTION by Councilwoman Bolkcom to grant Variance Request, VAR � #96-04, with the following stipulations: (1) the petitioner shall submit a final grading and drainage plan and the appropriate hydraulic calculations; (2) the petitioner shall submit a landscape plan complying with the M-2, Heavy Industrial District requirements; and (3) the petitioner shall execute and record �oint parking and driveway agreements between the sub�ect parcel and the parcel to the west. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION REQUESTING THE REDUCTION OF SPEED ON COUNTY HIGHWAY 132: Councilwoman Jorgenson stated it has come to her attention that the County has reduced the speed limit on 85th Avenue (County Road 132) from Highway 47 westbound to the Wal-Mart entrance. She voiced concern over the inconsistency of speed limits on different segments of 85th Avenue (County Road 132). She felt that it would make sense to keep the speed limit consistent at 35 mph. She stated that 85th Avenue is heavily used by people visiting Springbrook Nature Center. Many residents walk in that area, and there have been numerous accidents involving deer. MOTION by Councilwoman Jorgenson to adopt this resolution. Seconded by Councilwoman Bolkcom. � Councilman Billings stated that as he understands it, the speed limit has been 50 mph for a considerable period of time and was recently reduced to 35 mph for a portion of 85th Avenue. � FRIDLEY CITY COUNCIL MEETING OF APRIL 8. 1996 PAGE 15 Councilwoman Jorgenson stated that she believes the speed limit may have been reduced due to the construction on the east side of Highway 47 near the Northtown Shopping Center entrance. Councilman Billings asked if the County establishes the speed limit for this road if this resolution is adopted. Mr. Flora, Public Works Director, stated that the County would petition the Minnesota Department of Transportation to conduct a series of traffic counts, and they would set the speed at the 85th percentile. Councilman Billings stated that if the majority of the vehicles are traveling at 65 mph, there is the possibility they could raise the speed limit. Mr. Flora stated that the speed limit would be based on the 85th percentile. Councilwoman Bolkcom suggested that the City ask the County why the speed limit is not consistent before acting on this resolution. � MOTION by Councilwoman Jorgenson to table this item until the County is contacted to determine why there is a difference in speed limits on this road. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated that in the meantime, she will be talking to Coon Rapids officials to determine what they can also do to reduce the speed limit on this road. 8. APPROVE CHANGE ORDER NO. 4 TO LOCKE LAKE DAM RECONSTRUCTION PROJECT N0. 211• Councilman Billings asked if this change order would require four votes. He stated that since Councilwoman Bolkcom will probably be abstaining from voting on the motion, it would not be possible to have the four affirmative votes. Mr. Pribyl, Finance Director, stated that in order to approve the change order four affirmative votes would be necessary. Councilwoman Jorgenson stated that the original contract was let for $537,375.75, and the revised contract, including this change order, is $509,279.36. She questioned if the four votes were necessary, since the project was less than the original contract. � Mr. Burns, City Manager, stated that the change order amount is not budgeted in the 1996 budget; therefore, it would require four affirmative votes. � � � FRIDLEY CITY COUNCIL MEETING OF APRTL 8, 1996 PAGE 16 MOTION by Councilman Billings to table this item to the next meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there are several items to be discussed at the conference session. He stated that the department managers would be presenting their qoals and ob�ec- tives and, if there was time, he would like to discuss the Hyde Park redevelopment pro7ect. ADJOURNMENT• MOTION by Councilwoman Bolkcom to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of April 8, 1996 ad�ourned at 9:30 p.m. Respectfully submitted, " U �_'� %/�`�����_ Carole Haddad Secretary to the City Council � liam J. �e� Mayor