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PL 07/09/1986 - 6876PLAIaIING Wi�R+IISSION F£ET1NG City of Fridle� A G E N D A WIDNESIY�Y, JtII.Y 9, 1986 7:30 P.M. Location: Council �aQnber (upper level) CnT•r• �ORDER: r.,�t.r. rar.r.� APPRWE PIANt4ING OOt4hLISSION MINUrES: JUNE 18.1986 1, PnnrT� HFARTnK�• GONSIDERATION OF A PRELIMINARY PLAT p,�$.�86-04, RIVER I1)TS ADDITION, BY iCEITH HARSTAI?: Beina a regiat of that g3rt of Lots 7 and 9, Revised Auciitor's Subdivision No. 23, described as follaas: Commencing at the I3ortheasterly or most Northezly coznez of said Lot 9, said corner being marked by a Judicial Landmark; thence Southwesterly along the Nozthwesterly line of said Lot 9, said line naw being marked tr� Judicial Iancinark, a distance of 190 feet to the actual point of beginning of the tract to be oescribed; thenae Southeasterly on a line parallel with the Northeasterly line of said Lot 9 a distance of 80 feet; thence Northeasterly on a line parallel with the aforesaid Northwesterly line of said Lot 9 a distanoe of 190 feet to the Northeasterly line of said Lot 9, said point on said Northeasterly line of said Lot 9 being 80 feet Southeasterly measured along saics Nort:neasterly line fzom the aforesaid Northeasterly or most Northerly mrryer of saici Lot 9; thence Southeastetly along the Nortpeasterly line of said Lot 9 a distance of 26.51 feet; thence Southwesterly on a line g3rallel with the aforesaid Northwesterly line of said Lots 9 anci 7 to the shore of the Mississippi River; thence Northerly along the shore of the Nlississippi River to the intersection with the Northwesterly line of said Lot 7, said Northwesterly line of said Lot 7 being marked b� Sudicial Landnarks; thence Northeasterly along the aforesaid Northwesterly line of said Lots 7 and 9 to the actual point of beginning. Anoka County, Minnesota, the same being 6652 Fast River Road. PAGES i-23 24 - 32 2, p[mr.r� �ARr�; �NSIDERATION OF A SPECIAL USE PERF;IT. SP #86-08. BY WALTER RA�MUSSII�: 33 - 40 F�r Section 205.07.1, C, 1 of the Fridle� City Code, to allaa a second accessoiy buildin9 on Lots 11 and 12, &lock 5, i�arson's Craig,aay Estates Second Aadition, the same being 7806 Alden Way N. E 3. PLi�SG Fi��RT�• Q�NSIDERATION OF A SPEGIP� USE PERMIT SP �86-09, BY MIC�IP,F1L MCPHILLIPS: 41 - 47 Per Section 205.07.1, C, 1 of the Frdley City Cooe, to allaa a seoond accessory building on Lot 19, Block 2, Sylvan Hills Plat 4, the same being 291 Sylvan Lane N.E. PLANt�]ING Q�M�SISSION MEETING J[II�Y 9, 1986 PAGE 2 :�/.3, • �� :�� i�M• ; 3I ?�. • w h� `_��' ' �14i� i �• � •�u '�, • •�_ � � 1� • +�1.�L �� si� V� ��i� 5�� ':�� y1 � ��_ � � 4� • ; ��,► • • ��. , � • � y � � � , ;a 1 � • ��, • J� r � �1 .� � �� ai V�Y.�. 4�� •'� ��M � K • � yL-_ � �.� M � , n • •••� S. � i� \/ :� :��L !6 �� ' !4 •' �i� . • •.. � .M \ x 1 i� iv ?�Us • ., �l �� ,� v • •,, � ��ui • M • i :. �L4: � � � � ��I i_91� PAGES 48 49 50 - 53 54 - 57 58 - 64 65 - 73 WHITE BLUE YELLOW (At Meeting) �` CITY OF FRIDLEY pLANNING COMMISSION MEETIN�, JUNE 18, 1986 CALL TQ ORDER: Vice-Chairperson Oquist called the June 18, 1986, Planning Comnission meeting to order at 7:35 p,m. ROLL CALL: Members Present: LeRoy Oquist, Dave Kondrick, Dean Saba, Wayne Wellan, Donald Betzold, Sue Sherek Members Absent: None Others Present: Jim Robinson, Planning Coordinator Jock Robertsan, Community �evelopment Director Dennis Schneider, City Councilman Qen Rischall, United Stores David Harris, 470 Rice Creek Blvd. L. Robert Erickson, 2178 17th St. N.W., New Brighton Richard Mochinski, 8271 Madison St. N.E. (See attached list) APPROVAL Of JUNE 4, 1986, PLANNING C0�4MISSIOP� MINUTES: MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO APPROVE THF. JUNE 4, I986, PLANNING COMMZSSION MINUTES AS WRITTEN, UPON A VOSCE VOTE, ALL VOTING AYE, i�ICE-CHAIRPERSON OQUIST DECLARED THE MOTIDN CARRZED UNANIMOUSLY. 1. PUBLIC HEARING: CONSI�ERATION Of A SPECIAL USE PERPIIT, SP #86-07, (3 WM11CU JIUtttJ: er ection 05.15.1, C, 13 of the Fridley City Code to allow wholesale/ warehouse enterprises that do not meet an industrial setting that have considerable customer contact and have no outside storage of materials, inc7uding furniiure, home building supplies, automobile supplies, etc., on Lot 3, Block l, Target Addition, the same being 785 - 53rd Avenue N.E. MOTION BY MR. BETZOLD� SECONDED BY MR. SABA� TO OPEN THE PUBLIC HF.ARING. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAZRPERSON OQUIST DECLARED TNF. PUBLIC XEARING OPEN AT 7:36 P.M. Mr, Robinsan stated that the United Store was located west of Highway 65 and south of 694. The zoning was C-3, general shopping, Tfre special use permit was for a warehouse facility not associated with the principal use. 7he lot area of the United Store was 104,600 sq. ft., approx, 2.4 acres. The existing building area was 16,000 sq. ft „ and the proposed addition was close to 7,600 sq. ft. The lot coverage was less than 40% which is allowed. PLANNING COMMISSION MEETING, JUNE 18, 1986 PAGE 2 � The building use would be approx. 80% warehouse with the addition, retail 15%, office 5�. Presently, they have 51 parking spaces. The plan shows 81 spaces. The requirement is 38 spaces, so they do exceed the parkinq demand even witfi the existing spaces. Mr. Robinson stated Staff was recommending the following stipulations: 1. Petitioner to provide an approved landscape plan and install by Oct. 15, 1986. 2. Petitioner to provide automatic sprinkling system for lawn areas and install by Oct. 15, 1986. 3. Petitioner to provide an approved storm drainage plan and install by Oct. 15, 1986. Mr. Robinson stated the petitioner has also applied for a variance for the side yard from 80 ft, to 10 ft. Mr. Betzold stated the Appeals Commission recommended approval of the variance at their last meeting, because they felt this was a unique situation and the addition would not enfringe on anyone else as it would only be close to the exit ramp off 694. P1r. Ben Rischall stated the plan was quite self-explanatory. This was their fourth year in Fridley and they have enjoyed a nice increase in business overall. They have 13 stores in the Twin Cities and St. Cloud. This buildin� has always been their distribution center. They are requesting the addition because their business has increased and they find it necessary to brinq in more merchandise and, in some cases, store that merchandise in this bui7ding. Given the amount of truck traffic already in the area with the Target store, they feel any increase in traffic to their store would be negligible. He stated they are prepared to meet all the city requirenents regarding landscaping, sprinkling system, etc. As far as drainage, they do have an engineer working now to see if anything was necessary beyond what ls already in p7ace. If the enaineer feels more drainage improvements are necessary, they will do them. Mr. Kondrick asked how many people were employed at the store. Mr. Rischall stated they average about four people in the store. The ware- house has about eight people right now and sometimes as many as 15 depending on the season, The office fias six or seven, again depending on the season. They do not anticipaie adding any additionati employees at this time. Mr. Rischall stated ttaey weceived a letter frc� Target that day stating that Target has approved this pian. Mr. Rohinson asked if Mr. Rischall felt the additional warehouse space would create the need for the additional parking spaces. PLANNIN6 COP4�4ISSION MEETING, JUNE 18 1986 PAGE 3 Mr, Riscf�all stated tfiey do not think it will at this time. Riqht now the lot is striped for 51 spaces. It can be striped to 81 spaces if they feel there is a need in the future, but for now they will stay at 51 as long as they are within city code and the extra spaces are not needed. MOTZON BY MS. SNEREK� SECONDED BY MR. BETZOLD� TO CIASE THE PUBLZC HF,ARING. aPON A VOICE VOTE� ALL VOTZNG AYE� VICE-CHAIRPERSON OQUIST DECLARED THE PUBZSC HERRZNG CIASED RT 7:95 P.M. MOTZON BY MR. SRBA� SECONDED BY MR. KONDRICK� TO RECOMMEND TO CITY COUNCZL APPROVRL OF SPECIAL USE PERMIT, SP k86-07, BY UNI?'F,D STORES, PER SECTION 205,25.1� C� 13 OF THE FRIDLEY CITY CODE TO ALLOW WHOLESALE/WAREHOUSE ENTER- PRI6ES THAT DO NOT MEET AN ZNDUSTRZAL SETTING THAT HAVE CONSIDERABLE CUSTOMF.R CONTACT AND HAVE NO OUTSIDE STORAGE OF MATERIALS� INCLUDING FURNITURE, HOME BUILDING SUPPLIES� AUTOMOBILE SUPPLZES� ETC,� ON IAT 3� BLOCK I� TARCET ADDITION� THE SAME BEING 785 - 53RD RVENUE N,E.� WITN THE FOLLOFIING STIpULATIONS: 1. PETITZONER�TO PROVZDE AN APPROVED LANDSCAPE PLAN AND INSTALL BY OCT. I5� 1986. 2. PETISIONER TO PROVIDE AUTOMATIC SPRINKLING SYSTE��1 FOR LAWN �1REAS AND INSTALL BY OCT. I5, 1986, 3. PETITZONER TO PROVIDE AN RPPROVED STORM DRAINAGE PLAN ANP INSTRLL BY OCT. 15� 1986. UPON A VOICE VOTE� ALL VOTING AYE, VICE-CNAIRPERSON OQUZST DECLARED TFfE 1�10TION CARRIED UNANIMOUSLY. Ptr, Oquist stated this item would go to City Council on July 7. 2. PU6LIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT P vTn U(IDDTC. A& R Addition, heing a replat of the North 750 feet of the Northeast uarter of the Northwest Quarter of Section 12, T-30, R-24, Anoka County, lnnesota, except the east 720 feet thereof, and except the snuth 300 feet of said north 750 feet and except the north 233 feet of the West 230 feet thereof. Together with that part of the North 750 feet of the Northwest uarter of the Northwest Quarter of 5ection 12, T-30, R-24, Anoka County, innesota, lying easterly of State Trunk HighNiay Plo. fi5, except the south 300 feet of said north 750 feet and except the north 233 feet thereof. SlOTIOL7 BY MR. SABA, SECONbED BY MR. KONDRICK� TO OPEN THE PUBLIC HEAP.IfIG. UPON A VDICE VOTE� ALL VOTING AYE� VICE-CHAZRPERSON OQC125T DECLAP.F,D THE PUBLZC HEARZNG OPEN AT 7:47 p,M. Mr. Rabins¢n stated this property was located on the southeast corner of Oshorne an�i liighway 65. The property consisted of apprqx. 5,1 acres, and it was zoned C-3. The property was surrounded by some Zight industrial PLANNING CQF'PIISSION PIEETING, JUNE 18 1986 PAGF 4 zoning, also. He stated the petitioner was seeking to replat the property into four lots that ranged in size from 31,00f1 sq. ft, to 7i,000 sq, ft. The four lots all met code in terms of lot area, except Lot 2 which was 31,000 sq, ft. The lot area requirement for C-3 zoning was 35,000 sq. ft. The next public flearing was for a rezoning from C-3 to C-2, primarily so the setback requirements �nd the lot area will be lessened. The lot area requirement for C-2 zoning was 20,000 square feet. Mr, Robinson stated that presently Viron Road was beinq reworked. This lmProvement is being assessed to this platted property. Mr. Robinson stated Staff was recor�unending the followin9 stipulations: 1. Plat approval contingent upon approval of rezoninq. 2. Provide drainage and utility easer�ents on final plat as requested by Staff. 3. Petitioner agrees to assessments for one-half cost of Viron Road improvements. 4. Park fees on four lots to be paid with building permits (subject to prevailing rates). Mr. Harris stated they have moved the line between Lots 1 and 2 so both lots meet the 35,000 sq. ft. requirement. This makes it so the easement does not run down the center of tf�e property line, but all the easements will be in Lot 2, This gives Lot 2 the necessary square footage. Mr, Harris stated the f,ity Attorney was investigatinq the abandonment of the sewer line easement that runs nortli and south. That was a private ease- ment put in in 1967 by tF�e oriqinal owner of the property and it goes to Mr. Maxwell's property which is the 4%z acres to the south. Mr. Harris sta*.ed that to his knowledge, this easement was never a matter of record, so there was sor�e question as to whether that north/south sewer line easement will continue otf�er tf�an to serve the purposes of the City and whether it should extend through Lot 3. It serves no useful purpose for the properties that exist there novi. He was sure hir. �iaxwell would r�ise a concern about that line also. He stated this question will be answered prior to any final action by the City Council on this preliminary p7at request. P1r. Harris stated the reason for the replat was to clean up all the errors and omissions that were collected in this survey. Mr. Robinson stated that based on the change in the preliminary plat by the petitioner, they could eliminaie stipulation �1 because the rezoning wa no longer contingent upon rezoning if all lots met the plat 35,000 sq. ft. �ot area. Mr. Maxwell stated he owned the property directly south of P1r. Harris' property. The only concern he had was tf�at his property was 6Q0 ft, deep. It was too big a piece of property to be that deep and isolated by itself. I�e wondered PLANNING COMMI55IOPJ 11EETING, JUNE 18 1986 P�f,F 5 if the City had given any consideration to replatting that property or havin� access to the back half of it in the event he sfiould decid� to break it tip or deve7op it for a better tax base for the community. Mr. Robinson stated tfiey have not looked at Mr. Maxwell's property as part of the overall effort. He was not aware that Mr. Tlaxwell was interested in splitting his property. untll a pew days before tfie meeting. }�e stated the City really needed a plan ln order to design a road for it. City Staff would be glad to work with Mr, Maxwell if fie came in with a plan. Mr. Maxwell stated he would explore some possibilities. One o�her item he would like to bring up was that in a former hearing with the City Council, �t was mutually agreed between Dave Harris and himself that they would put a privacy fence between their two pieces of property by virtue of the fact that he had a mo6ile fiome sales lot on his property. That lot is now complete7y undeveloped and no business is being conducted on the property, so he �•rould like to be release�! frnn thr� sharing of a fence. F1r. Harris stated he had no objection to that. If, in fact, the property was not heing used as a mobile home sales lot and would not be used, then he had no problem with there not being a fence between the two properties. Mr. Robinson stated this would be noted in the minutes, and the City Council would address at the time they act on the preliminary plat. He woulA recommend Pir. Maxwell attend that meetinq or address a letter to the City Council stating his request. Mr. Maxwell stated he would attend the City Council meeting. MOTION BY MR. SABA� SECOPIDED BY MS, SHEREK� TO CLO.SE THE PUBLIC HEARING. UpON A VOICE VOTE� ALL VOTZNG AYE, VICE-CHAIRPEA.SON OQUIST DECLARED THE PUBLIC XEARZNG CIASED R_T 6:05 P,M. Mr. Betzold stated that regarding stipulatian �2 regardino the drainage and utilit_� easements, he would suggest they leave the wordin� as it is. If there was a reasor, to delete sor�e of the easements, that czn be done befnre the prelirr.inary Flat reaches the City Council. MOTION BY Mit. SRBR� SECONDED BY MR. XONDRICK� TO RF.COPIMEND SO CZTy COi7NCIL APPROVAL OF PRELIMZNARY PLAT� P.S. N86-03, BY DAVID HARRIS� R 6 R ADDITIOP�', BEING R REPLAT OF THE NORTH 750 FEES OF THF. NORTHEAST QUARTER OF THE NORTH- WEST QUARTER OF SECTZON 22� T-30� R-24� ANOKA COUNTY� MINNESOTA� EXCEPT THE EAST 720 FEET THERE'6F� RND EXCEpT THE SOUTX 300 FEET OF SAZD NORTH 750 FEET AND EXCEPT THE NORTH ?33 FEET OF THE WEST 230 FEF.T THEREDF. TOGETHER WZTH TXAT PRR�T OF THE NOX2H 750 FEET OF THE NORTHYIEST QUARTER OF THE NORTHWEST QURRTEFt OF SECTION 12� T-30, R-24� ANOKA COCINTY, MINNESOTA, LYING EASSERLY OF STASE TRUNK NI6XWAY NO. 65� EXCEPT TNE SOUTH 300 FEET OF SAID NORTu 750 FEET AND EXCEPT THE NORTH 233 FEET THF,REDF, WITH THF. FOLLOWING SPIPULATIONS: r PLANNING COMFtIS5I0N MEETIWG, JUNE 18, 1986 P��F F 1. PROVIDE DRAINAGE AND UTILITY ERSEMENTS ON FINAL PLAT AS REQUESTED BY STAFF. 2, PETITIONEP. RGREES TO ASSESSMENTS FOR ONE-HALF COST OF VIRON ROAD IMPROVEMENTS. 3, �PARK FEES ON FOUR LOTS TD BE PAID WITH BUILDING PERMITS (SLTBJEC^.' TO PREVRILING RATES). UPON A VOZCE VOTE� ALL VOTZNG AYE� VZCE-CNAIRPERSON 09UIST DECLARED THE .MOSION CARRIED UNANIMOUSLY. Mr. Oquist stated this iteri would go to City Council on July 21. 3. PUBLIC HFAP,I�d6: CO�JSIDERATI0�1 Of A REZONIWf, RFQUEST, ZOA �86-02 _ -- — ezon�' e fron C-3 (general shopping center) to C-2 (general business) on the North 750 feet of tf�e Northeast Quarter of the Northwest Quarter of Section 12, T-30, R-24, Anoka County, Minnesota, except the east 720 feet thereof, and except the south 300 feet of said north 750 feet and except the north 233 feet of the West 230 feet thereof, Together with that part of the North 750 feet of the Northwest Quarter of the Northwest Quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying easterly of State Trunk Highway Plo. 65, except the south 30D feet of said north 750 feet and except the north 233 feet thereof. MOTION BY A1R. BETZOLD, SECONDED BY MR. KONDRICK, TO WAIVE THE RERDIC7G OF _TNE FORMAL PIIBLIC HEARING f70TICE. UPON A V02CE VOTE, ALL VOTING AYE, VICE-CXAIRPERSON OQUIST DECLARED TNE MOTION CARRIED UNANIMOUSLY. MOTION BY MR. SABA� SECONDED BY MR. XONDRICK� TO OPEN THF. PUALIC HFARZNC:, UPON A VOICE VOTE� ALL VOTING AYF,� VICE-CHAIRPERS0IJ OQUIST DECLARED THF. PUBLZC HEARSNG OPEN AT 8:20 P.M. Fir. Robinson stated this was the same property as discussed above. The zoninq was C-3, general shopping, and the proposal was to go to C-2, qeneral business. This was being done primarily so the smaller buildings that are qoing to be placed on this plat would not be required to set back 80 ft. instead of 35 ft. The first building propased for the area will be a dental lab, approx. 5,500 sq. ft., a one-story brick veneer buil�ing. That was all that was planned at this time. Mr. Kondrick asked if the traffic situation had been addressed. Mr. Robinson stated the city engineers feel the new road will facilitate the traffic. The proposed plan is more of an office scale dev�7opment. With the current C-3 zoning, the developer could develop the area with a higher traffic volume. Staff feels C-2 is more appropriate for this intersection and will have less of a traffic impact on the surrounding area. PLANNING COMMISSION MEETING JUNE 18 198fi PAGF 7 MOTION BY MR. SABA� SECONDED BY MR. KONDRICK� TO CIASE THE PUBLYC NF.ARING. UPON A VOZCE VOTE� ALL VOTING AYE� VICE-CNAIRPERSON OQUIST DECLARED THF. PUBLIC HEARING CIASED AT 8:16 P.M. MOTION BY MR. KONDRICK, SECONDED BY MR. SABA� TO RECOt1MEND TO CITY COIiNCIL APPROVAL OF REZONING REQUEST, ZOA N86-02, BY DAVID HRRRIS, REZONE FROlf C-3 (GENERAL SHOPPING CENTERJ TO C-2 (GENERAL BUSINF,SS) ON THF NORTH 750 FE$T OF THE NORTHEA5T QUARTER OF THE NORTHWEST QUARTER OF SECTION Z2� T-30, R-24�ANOKA CODNTY, MINNESOTA� EXCEPT THE EAST 720 FEET TXEREOF� AND F.XCEPT THE SOUTX 300 FEET OF SAID NORTX 750 FEET AND EXCEPT TXE NORTH 233 FEET OF THE WEST 230 FEET TXEREOF. TOGETHER WITH THAT PART OF THF. NORTH 750 FEF.T OF TH6 NORTXWEST QUARTEP. OF SHE NORTHWEST QUARTER OF SECSION 12� T-30� R-24� ANOKA COUNTY, MINN£.SOTA� LYING EASTERLY DF STATE TRUNK HIGHWAY 170. 65� EXCEPT TXE SOUTX 300 FEET OF SAID NORTN 750 FEET A17D EXCEPT THF. NORTH 233 FEET THEREOF, UPON A VOICE VOTE� ALL VOTING AYE, VICE-CXAZRPERSON OQUIST DECLARED THE MDTION CARRIF.D UNANIMOUSLY. Mr. Oquist stated this item would go to City Council on July 21. 4. PUf3LIC HEARINC: CO1dSIDERATI01! OF A REZO1�I1dG REQUEST, ZOA #86-01, BY �RDSEiiT r Ks N � Rezone from R-1 (one family dwelling) to R-3 (general multiple dwelling) on the West half of Lot 4, all of Lots 5, 6 and 7, Lucia Lane Addition, all located in the North half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Mi�nesota. MOTION BY MR. RONDRICK� SECONDED BY MS. SNEREK, TO OPEN THE PUBLZC HERRZ?!G. UPON A VOICE VOTE, RLL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLAP.EA THF, PUHLIC XF.ARING OPEN AT 8:18 P.M. Mr, Robinson stated this property was located on the northeast corner of Highway 65 and P1ississippi St, and included Lots 5, 6, and 7, anri thP westerly half of Lot 4. The property was zoned R-1, single family, and was in a single family neighborhood. It consisted of approx. 60.,000 sq. ft, or 1z acres. The proposal �aas to rezone from R-1 to R-3 in order to facilitate a townhouse development of 10 units. The proposed de�sity was 6,40[l sq. ft. per unit. The allowable density in an R-3 zone was 2,500 sq. ft. per unit, Of course, that wa�ld be to facilitate an apartment building. The 6,400 sq. ft. of lot area per unit beirrq proposed worked out to be about 6.8 units per acre. A typical townhouse density ranged fron 8 to 12, so this was described as a very low density. Mr. Robinson stated the proposal was for all two bedroom units with double garages, Z 3/4 bath, approx. 1,600 sq. ft., not including the garage. When Staff looked at the plan, they felt it was somewhat unbalanced in that there were eight units for the west portion and two units for the east portion. PLANNING COMMISSION MEETING JUNE 18 1986 PA6E 8 � They reaiized this was to minimize the impact on Lucia Lane and the sing)e fa�ily neighborhood. However, Siaff came up with some alternate plans, one ln particular had some merit. It was staying with the ten units but hreak- ing th2m up so there were three clusters instead of one long linear building that had something of a barracks-type appearance:-three units on the eastern portion, four units facing Highway 65, and the other three units on the northern part of the site. Mr. Rohinson stated the driveway access was facilitiated by a driveway onto P1ississippi, approx. 730 ft. from the iniersection, and another driveway onto Lucia Lane. The developer felt the plan su9gested by staff did have some merit, and he might be willing to implement the plan. Also, the plan provided so�e distinct green areas for privacy and play areas. It also turned a blank wall to the single family homes rather than the back of the buildings. Mr. Ro6inson stated Staff was recommending the following stipulations: 1. Provide an approved landscape plan, including berming of boulevards. 2. Provide automatic sprinklinq of all lawn areas. 3. Provide snow fence around all trees adjacent to construction zone; identify which trees will be removed prior to construction. 4. Obtain townhouse plat approval and record with City approved covenants prior to second reading of rezoninq ordinance. 5. Provide 25 ft. street/bikeway/walkway easement along P1ississippi St. 6. Provide a tot lot area with equipment prior to occupancy. 7. Park fee of $500 per unit to be paid with each building permit. 8. Provide a 6 ft. high solid wood sCreening fence between project and adjacent R-1 land, 9. Rezonin� is for toamhouse plan as pr000sed only. 10. Petitioner to provide an approved storm draina�e plan. 11, Work with Staff to identify guest parkin9 iocations. Mr. Wellan stated that regarding stipulation #8 to provide a 6 ft. high solid wood fence between project and adjacent R-1 land, who maintained that fence? Mr. Robinson stated there wouid have to be a townhouse covenant and maintenance vrould be spelled out in that covenant. Mr. Robinson stateQ that 7n 1483 Mr. Erickson had requested a rezonina from R-7 to R-3 for 74 unats so this project was scaled down from 14 to 10, Mr. Erickson stated he had no objection to the different layouts suggested by Staff. The problem, of course, was the beautiful trees, and they want to save as many trees as they can. As far as the ten units, that is the number they came up with in order to make the project financially feasible. Anythinn less than ten would wipe the project out. He stated the townhouses would be owner-occupied, not rentals. PLAIJNII�G COh4�1I5SI0N PIEETING, JUNF 18, 1986 PAGE 9 Mr. Jack Young, 6549 Lucia Lane, stated he had lived in this location for 24 years. He stated there had been at least 4-5 proposals for this propertv, and each time the proposals have been shot down. He statal the neighhor- hood has a lot of traffic already, with the apartment buildings at the other end of Lucia Lane and the Knights of Columbus Hall. Lucia Lane is a one-��ay street for all those people, and he did not believe the traffic from tfiis new developmen! would use Nississippi St. as an exit. They would use Lucia Lane. With the possibility of a median down Mississippi, that would force the people to use Lucia Lane even more. He stated there were only 11 homes on both sides of Lucia Lane, and now they are proposinq to put in 10 more homes in an area about 1/4 of that space. It did not make good sense. There would be ten homes with possibly twenty cars on a lot that would not even house five residential homes. Why can't the property he left as a residential district? 41hy do they have to go through this same thinq every 2-3 years? Mr. Ifenry flelcher,6500 Pierce St., asked Hr. Erickson the approx, selling price of each unit. Mr, Erickson stated the selling price was approx. $70,000 per unit. Ms. Lois Raaen, 6501 Lucia Lane, stated she would like the property to remain residential. Lucia Lane was already too busy. If they put ten townhouses on that property, there were going to be problems. She stated she has lived there 17 years, and she liked living there; but if they put townhouses in there, she was going to move. P1s. Jody Bystrom, 6533 Lucia Lane, asked why single family homes coulct not be built on this property. Mr. Erickson stated the back half of Lot 4 was landlocked right now. The only way to get into Lot 7 was a curb cut on Mississippi and ri�ht now the County is talking about widening Hississippi and putting in a median, so a driveway could not be put out on that corner. So, that virtually made Lot 7 useless. Lot 6 was the same way. Lot 5 could be divided in half for two residential lots. That was why he was requestinq a rezoning to R-3 and proposing a townhouse development. R-1 housing was just not feasible. Ms. Joyce Swanson, 6601 Lucia Lane, stated she did not object to the con- struction or the design as much as the density. The intersection of Mississippi and Highway 65 was notorious for traffic accidents. Traffic Hras very heavy in the area, and puttino 20 more cars onto Plississippi was going to make it worse. Mr. Joe Randall, 1210 P1ississippi, stated he would like to see the property remain R-1. He felt there were alternat�ves tr� wQrk with landlocked lots. Ms. Elvina Timo, 6517 Lucia Lane, stated the driveway from the proposed development onto Lucia Lane would come right toward her house. She was afraid this development would dep~eciate the value of her hasne. They do have a lot of problems at nirht with traffic from the Kraights of Columbus Hall, as well as the Lucia Lane apartments. She wanted the property to remain zoned R-1. PLANNING COt4MISSION MEETI��G JUNE 18 1986 PAGE 10 Mr. Bob Bystrom, 6533 Lucia Lane, stated he felt the access from the proposed development onto Mississippi probably would be impossible. �He doubted if eastbound traffic on Mississippi would Want to turn left any sooner than Lucia Lane. Also, there was a considerable incline onto Mississippi from Lucia Lane. In the winter, in spite of maintenance, it was often difficult to make the grade the first time becadse of the slippery surface. It seemed to him the people who would be trying to get in anA out of the proposed townhouse development would be at a real disadvantage as they would have no monentum at all trying to get onto Mississippi when Lucia Lane was slippery. He did want to say there were some things about this townhouse design that were better,than previous plans. Mr, Jack Young stated he did not think families with young children would buy on this busy corner, He was afraid if these townhouses �iid not sell that they would turn into rental units. Mr, Robert Haedtke, 6540 Lucia Lane, stated he felt the townhouse developmPnt would really decrease the real value of the homes in the neighborhood. What about assessments for water and sewer and the roadway? As far as the density, where would the children play? Marketability was mentioned in the request for rezoning, but it was also marketability for the people who own their homes in this area. There was too much traffic, the density was too high, and it was unjust and unfair to take away sor�e of the real value from the people who own homes in this area. Mr. Rohinson stated additional streets. by the developer. all utilities are in place, and there would be no The expense of any hook-ups to utilities would be borne P1r. Dick Berganini, 6596 Pierce St., stated he was aqainst the rezoning proposal. Mr. Oquist stated he had a letter addressed to Councilman Dennis Schn?ider from Dean Thomas, 6550 Lucia Lane, who could not be at the meeting. P1r. Thomas expressed concern tfiat the units be owner-occupied, not rental units, he was concerned about the density and concerned about the traffic. Mr. �quist stated this letter would accompany the minutes to the City Council. P15. Jody Bystrom stated that if the townhouses were not sold and they hecame rental units, what happened to the townhouse association? Mr. Erickson stated that townhouse assaciation documents are written sn that_ each unit that is built has ta contribute to the association, aihether the units are owner-occupied or rental. Ms. Lilas Crosser, 6565 Lucia Lane, stated there were many accidents on the corner of Hississippi and Highway 65 already. It would be worse with more traffic. PLANNING COMHISSION MEETING JUN[ 18 1986 PAC,E 11 MOTION BY MR. BETZOLD� SECONDED BY 145. SHEREK� TO CLOSE THE PUBLIC HE�IRING. UPON A VOZCE VOTE� ALL VOTING AYE� VICE-CNAIRPERSON OQUIST DECLARED THE PUBLIC XERRING CIASED AT 9:03 P.M. Mr. Wellan stated he would not be in favor of the development. He felt that vtith the limited properties in the community, the landlocked properties could be rearranged so that single family homes could be put in. Ms. Sherek stated she had a problem with the theory that sor�ethin� could be done with the lots facing Flississippi St. Just looking at the intersection of Hiqhway 65 and Mississippi made you realize it was unrealistic to expect people to have access from their front yard at that corner. She really thought the lots were not developable as R-1 zoning; and in view of the opposition of the neighbors, she did not think R-3 was all that realistic either unless something was explored with regard to making somP kind of shared driveway across the backs of the properties so 3-n homeowners could access onto Lucia Lane. She also did noi think it was realistic to believe that because they plot a driveway onto Plississippi that the people livina in the townhouses were going to use it to any extent--yes, if they are making a riqht turn onto Mississippi and a right turn onto Highway 65, but the rest of the traffic was going to go to Lucia Lane. Mr. Robinson stated that regarding Hs. Sherek's suggestion about a shared driveway,for 3-4 single family homeowners, it would have to be a private drive maintained by the homeowners, which was contrary to the city code. It was possible a variance could be granted for somethinq like that. Mr, Oquist stated the probler� with a deadend street was the servicing by emergency vehicles. Mr, Saba stated he really felt it was an injustice to the neighborhood, and he felt bad that they had to keep coming back defendinq their right to an R-1 zone, He had some problems with the developme�t and problems with the traffic. Mr. Betzold stated he was sympathetic to the neighbors' concerns, but he wondered if the concerns about traffic were not a little bit overstated. He said that because he happened to live in probably the densest area in the City of Fridley, the [31ack Forest Condominiums right next to the Farr Tovm- houses. Just in t�e development he lived in there were 250 different units and one driveway that comes in and exits. One would think they would be drivin4 into one another all the time, but that doesn't seem to be happening. Mr, Betzold stated there would certainly be an increase in traffic, but he felt the concerns expressed about the traffic seemed to be primarily because of the Lucia Lane Apartments and the Knights of ColumDua Hall, particularly the Knights of Columbus Hall which generates a iot af traffic ai set tir�es. PLANNING COMNISSION MEETING, JUNE 18 1986 PAGE 12 Mr. Betzold stated something was going to have to be done with this property. The Coinnission has to be concerned, not only with the neighbors, but also with the developer. There was going to have to be some give and take on botf� sides as this was too important a piece of land to have it remain as it is. Mr. Oquist stated he agreed with Mr. Betzold. He stated he has been involved with the last four proposals, and one of these times they are qoincl to have to approve a project because this property has to be developed. They have to be concerned about the best development for this area, and he was not sure single family homes was the best development for this property. Mr, Kondrick stated he also agreed with Mr. Betzold. This was the best proposal he has seen so far. Single family homes were not feasible for this property, and it was not fair to leave the property vacant. He also wondered if the traffic concern was a little overstated. t4r. Erickson stated the main reason for the dual entrance and exit at Mississippi and Lucia Lane was for emergency vehicles. MOTION BY MP,. BETZOLD� SECONDED BY MR. Y.ONDRICK� TO RECOMMEND TO CZTY COCINCZL APPROVAL OF REZONING REQUEST� ZOA N86-02� BY L, ROBERT ERICKSON� TO RF.ZONE FROM R-2 (ONE FAMILY DWELLINGS) TO R-3 (GENERAL MULTIPLE DG7ELLIP7C) ON THF. WEST HALF OF LOT 4� ALL OF LOTS 5, 6� AND 7, LUCIA LANE ADDITZON� ALL LOCATED IN THE NORTH HALF OF SECTION 13� T-30� R-24� CITY OF FRIDLEY, COUNTY OF ANOKA� MINNESOTA� 417TH THE FOLLOWING STZPULATZONS: 1. PROVZDE AN APPROVED LANDSCAPE PLAP7� INCLUDING BERMING OF BOULEVRRDS. 2. PROVIDE RUTOMASIC SPRZNKLING OF ALL LAWN ARERS. 3. PROVIDE SNOF7 FENCE AROUND ALL TREES ADJACENT TO COPISTRUCTZO^7 ZONE; ZDENTIFY G7HICX TREES WILL BE REMOVED PRIOR TO CONSSRUCTION, 4. OBTAIN TOWNHOUSE PLAT APPROVRL AND RECORD WITN CZTY APPP.Oi�ED COVENANTS PRIOR TO SECOND READING OF REZONZNG OP,DINANCE. 5. PROVZDE 25 FT. STREET/BIKEWAY/WALKWAY £ASEMENT ALOLJG MISSISSIPPI ST. 6. PROVIDE R SOT LOT AREA WITH F.Qi7IPMENT PRZOR TO OCCIIpANCY� QUALITY AND SIZF. SUBJECT TO STRFF APPROVAL. 7. PARK FEE OF 5500 PER UNIT TO BE PRZD WITH EACH BUILDING PF,RMIT. 8, PROVZDE R 6 FT. HZGH SOLID WOOD SCREENING FENCE BETWEEN PROJECT RND RDJACENT TO R-1 LAND. 9. REZONING IS FOR TOWNHOUSE PLAAi AS PROPOSED ONLY. 10. PETZTZONER TO PROVZDE AN RPPROVED ST6P.M. DRAZNAGE PLAN. 11. WORK WZTH STAPF 2'O IDENTIFY GUEST PARICZNG LOCRTIONS. UPON A VOZCE VOTE, KONDRZCK� OQUIST� BETZOLD VOTSNG RYE, WELLAN� SABR� RND SHEREK VOTING NAY� VICE-CHAIRPERSON OQUZST DECLRRED THE MOSIQN FAILED BY A TIE VOTE. � PLANNIN6 COMf1I5SI0P� MEETING, JUNE 18 1986 PAGE 13 Mr. Kondrick siated he hoped the City Council would give this pr`oposal some serious thought. He felt this was the best proposal the Planninq Commission has seen for a lang time. The plan had a lot of inerit. Mr. Oquist stated the Planning Comnission was at a stalemate. This item woul�i go to the City Council on July 21 with a split vote. He recorrmended the people concerned be at that meeting to express their concerns. 5, pURLIC HEARING: COPJSI�ERATI Rezone from C- local business) to R-3 (generai multiple dwelling) on Lot 16, except the East 199 feet thereof, 17 and 18, Block 2, Spring Valley Addition, all located in the south half of section 13, T-30, R-24, City of Fridley, County of Anoka, �1innesota. MOTION BY MR. KONDRICK, SECONDED BY HR. SRBA� TO OPEN THF, PfIBLIC XEARING. UpON A VDICE VOTE� RLL VOTING AYE� VZCE-CNRIRPERSON OQUISP DECLARED THF. PUBLIC HEARZNG OPEN AT 9:29 P.M. Mr. Robinson stated this property was located east of Old Central and north of Rice Creek Rd. It was zoned C-1, local commercial. There was approx. 96,900 sq. ft. or 2.3 acres involved., which was all of Lot 17 and 18 owned by Mochinski and the west half of Lot 16 which was owned by the I�RA. Mr. Rohinson stated the proposal was to rezone to R-3 in order to allow the construction of 19 single family attached townhouses. The density was 5,103 sq, ft. of lot area per unit or 8.5 units per acre. That was a moderate density for a townhouse develoment which generally ranges in dPnsity from 3-12 units per acre. The units would range in size froM 1,10� - 1,500 sq. ft. selling in the mid $70,OOQ. Each would have a douhle car garage and there would be room for two cars for ��sitor parkinc� behind the garages. Mr. Robinson stated they have worked with the developer to cor�e up rrith the best townhouse plan, and t1r. Mochinski was willing to go alor.g with the followinq stipulations recorcnended by Staff: 1. Provide an approved landscape plan, including berminq of boulevards. 2. Provide automatic sprinkling of all lawn areas. 3. Petitioner to provide an approved storm drainage plan, 4. Obtain townhouse plat approval and record with City approved covenants prior to second reading of rezoninq ordinance. 5. Provide a tot lot area with equipment prior to occupancy. 6. Park fee of $500 per unit to be paid with each buildinq permit. 7. Provide a 6 ft. high solid wooA screening fence between thP project and adjacent to R-1 land. 8. Rezoning is for townhouse plan as proposecl only. 9. Work with staff to identify guest parking locations 10. Petitioner to agree to pay for utility and street assessments (not includinq new storm drainage pipe). PLAt�NItJG CQHHISSIOPJ MEETING, JUNE ]8 19II6 PAGE 14 Mr. Robinson stated the petitioner has gone to the HRA, and the HRA has tentatively agreed to assist him because of the severe soil"correction costs. Mr. Rohinson stated this was a sir�ilar development to the one on Silver Lake Road across from Apache Plaza. Mr. Richard Plochinski stated he has been tryinq to sell this pro�erty for some time, and he has had a number of proposals--manufacturing, stora9e warehouses, offices, etc., but he had not had any luck puttinq the numhers togethar, Then, it was brought to his attention that the best possible 'use for the land would be tewnhouses, one in a moderate price range, hecause of Ziebart and a moving and storage company right across the street. He stated the property does not lend itself to cormercial because of the traffic. Pir. Plochinski stated one of the difficulties was the poor soil. The cheapPS+. bid so far was 3150,000 to take out approx. 732 ft. of bad Material and replace it with granular fill, so their cost projections are even hi9her than when they originally started, Right no�r it was borderline with the number of units they have. Anything less than that would make it very difficult to put the package together, Mr. Brian Peterson, 1340 64th Ave „ stated his main concern was drainac�e in the soil. There was a drainage ditch on the south side, but what about the north side? They have all kinds of water problems on the north end where the houses are. He stated he also felt a townhouse development would depreciate the value of the sing}e family homes in the area. Mr. Kondrick explained that one of the stipulations recommended by Staff was that the petitioner had to provide an approved storm drainage plan. Mr. Robinson stated the developer would have to guarantee that run-off from the new development would not exceed the rate before development. f1r. Mark Schwartz, 1372 64th Ave., stated drainaqe was also one of his main concerns, other than that he was opposed to the developr�ent. It was too many units, and a townhouse development would not fit into this area at all. It is all R-1, single fernily homes, and small businesses. He stated there was a big water probiem right now; it was more than just getting adequate drainage on the new development. Mr. Oquist stated the plan was to ensure that the problem was not any worse than it is today. The development would not improve the present situation, but it would not make it any worse. P1s. Lavonne Y,owski, 6391 Central Ave., stated this property shared her back property line. She was thorough)y aqainst the proposal, 7here were too m�ny units and it would create too much traffic. She felt a11 their property values would go down, and she would much rather see a business go on this property. � PLANNI�IG COMFiISSIOP� MEETiNG, JUNE 18, 1986 PAGE 15 Ms, Jean Schwartz, 7372 64th Ave., stated they just bought their home in February. They checked with the surrounding zoning before #hey bought their home. If this property had been zoned residential, especially multiple, they would not have bought. They decided to buy because the property was zoned C-1, light comnercial, a 6usiness that is there during the day and gone at night. They were opposed to the massive 19-unit townhouse complex. Also, Old Central was already a very busy road. They would he talking about a loi r�ore people coming out onto Old Central. Obviously, their property taxes are not going to go down even their real estate value will if the development goes in. Nr. Brian Peterson stated that as far as rezoninq, he would rather see the property zoned in the residential direction, rather than commercial. Idealistically, he would like to see it zoned R-1, but that might no} he feasible with the high w ater table. He stated he was not too happy about the density. He did not think going to multiples woiild decrease their property values that much. As stated earlier, his major concern was the drainage. Ms. Jackie Calerom, 6401 Central, stated she was totally against this develop- ment, because of the drainage problems, the extra children in the area, the noise and the traffic. It was just too many people for this size an area. Mr. Joe PJelson, 1357 64th Ave., stated he was against the proposal because too many units were being proposed. He would not like to see 60-80 people living in that area. MO_TION BY MR, SABA� SECONDED BY MS. SHEREK� TO CLOSE THE PUBLIC HF,ARIPIG. UpON A VOICE VOTE� ALL VOTING AYE� VIC£-CHAIRPERSON OQUIS^_' DECLARED THE PUBLIC HEARING CLOSED AT I0:15 P.M. Mr, Betzold stated it seemed there were two issues the Commission was facinc�: 1. The rezoning issue. 7hat cannot be taken lightly, because once property is rezoned, it does affect the character of the neiqh- borhood. One thing they have to keep in mind in the rezoning question was that Old Central was not the same as it was years ago when it was the main thoroughfare from P1inneapolis. It is going to be c7osed down even more once the Lake Pointe Corporate Center is developed and once the Moore Lake access is closed from the south. He did not realistically think this area was ever going to be a commercial area. Z. The residential issue. If the property was rezoned residential, was this the right way to do it? Normally, from a townhouse stand- point, this propasa7 was on the low side of the density, Mr, Kondrick stated he agreed that the density rras low compared to the size of the property. Considering the entrance and exits to and from the property PLANNIP�G COMHISSIOP� MEETI�7G, JUNE 18 1986 PAGE 16 and the green areas, if the developer was willing to agree to all the stipulations, he felt this would be a good development. Ms. Sherek stated the hope that was exoressed by a few people that this property could possibly be developed long range with single family dweilings was not feasible due to the poor soii conditions. The hope was for either a light comnercial or a residential development such as the one beinq proposed, because the cost of single family housinq would be prohibitive. The other question was whether it would be desirable to develop single family with what is already across the street from this property. �ir. 5aba stated stipulation �8 that the rezoning was for the townhouse plan as proposed only was a very important stipulatinn. Mr. Oquist stated that from a density standpoint, the proposal did not seem unreasonable. This property would be hard to develop as commercial. The drainage plan will have to be very strict to make sure the drainage is controlled in the area. MOTZON BY MS. SHEREK, SECONDED BY MR. KONDRICK� TO RECOMMEND TO CITY CO[INCIL APPROVAL OF REZONZNG REQUEST� ZOA N86-03, BY RICHARD MOCHINSKI� TO REZONE FROM C-I (LOCAL BUSZNESS) TO R-3 (GENERAL MULTSPLE DWELLSNGJ ON LOTS 16, EXCEPT THE EAST 299 FEET TXEREOF, Z7 AND Z8� BLOCK 2� SPkING VALLEY ADIIZTION, ALL LOCATED ZN THE SOUTH HALF OF SECTZON 23, T-30, R-24, CITY OF FRIDLEY, COUNTY OF ANOKA� MINNESOTA� WITH THF, FOLI,OfJING STIPULATIONS: I. PROVIDE AN AppROVED LANASCRPE PLAP7, INCLi1bING BERMING OF BOULEVARDS. 2. PROVIDE AUTOMASZC SPRZt]KLFNG OF ALL LAWN AREAS, 3. PETZTIONER TO PROI�IDE AN APPROVED STORM DRRINAGE PLN1. 4. OBTAIN TOWNHOUSE PLAT APPROVAL AND RECORD 47ZTH CITY APPROVED COVENANTS PRIOR TO SECOND READING OF REZONING ORDZNANCE. 5. PROVIDE A TOT LOT AREA WZTH EQUIPMENT PRIOR TO OCCUPAIICY, 6. PRRK FEE OF $500 PER UNIT TO BE PAID WITH EACH BUZLDING PETUfIT. 7. PROVIDE A 6 FT. NIGH SOLZD WOOb SCREENING FENCE BETWF.EN PROJECT AND AD3ACENT TO R-1 LAND, 8. REZONING IS FOiT047NHOUSE PLAN AS PROPOSED ONLY, 9. WORK WITH STAFF TO ZDENTIFY GUEST PARKING LOCATIONS. 10. pETZTIONER TO AGREE TO PRY FOX UTILI?Y AND STREET ASSESSMENTS (NOT INCLUDING NEW STORM DRAINAGE PIPE), UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAZRPERSON OQUSST DECLRRED THE 170TION CARRIED UNANIMDUSLY. Mr. Oquist stated this item would go to the City Council on July 21. 6. COtlSIDFRATION OF A LOT SPLIT REQUEST, L.S. #86-�5 BY THE CITY OF FRIDLEY: Split off the South 150 feet of the West 80 feet of LQt 6, Auditor's Subdivision No. 129 (presently being part of Flannery Park), the same being 1500 - 75th Avenue P�.E., ta 6e used as a residentiai lot. i: �, PLANNING COMMISSIQN MEETING, JUNF 18, 1986 PAGF 17 Mr. Robinson stated the proposal was to split off a lot which was 80 ft. by 150 ft. and fronted onto Onondaga St. It was a portion nf Flannery Park which was described as unused. By Resolution #81-1984, the City Council has determined that this is excess property. He ctated the process now is to aet the lot split approved and sold. There are buyers interested in the property. MOTION BY MR, KONDRZCK� SECONDED BY MR. SABA� TO RECOMMEND TO CZTY COi1NCIL APPROVAL OF LOT SPLIT REQUEST, L,S. N86—O5, BY TXE CITY OF FRIDLEY, TO SPLIT OFF THF, SOUTX Z50 FEET OF TXE WEST 80 FEET OF LOT 6� AUDITOR'S SUBDIVZSION NO, I29 (pRESENTLY BEING PART OF FLANNERY PARK)� THE SRME BEIP7G IS00 — 75th AVENUE N,E.� TO BE USED AS A RESIDENTIAL IAT, UPON A VOZCE VOTE, ALLSOTING AYE, VZCE—CHAZRPERSON OQUIS_!' DECLA.RED THE MOTION CARRIED UNANIMOUSLY, Mr. Oquist stated this item would go to City Council on July 7. 7. CONSIDERATIO�� OF APPROVAL OF E�JVIRONMENTAL QUALITY COM�1ISSI�td WIIRKPLAN MOTION BY MR. WELLAN� SECONDED BY MP.. SABA, TO RECOPfMEND TO CZTY COIINCIL APPRQVAL OF THE ENVIRONMECTTAL QUALITY COMMSSSIDN WORKPLAN FOR I986. UPON R VOICE VOTE� RLL VOTING AYE� VICE—CHRIRPERSCIJ OQUIST DECLARF.D THR MOTZON CARRIED UNANIPIO(7SLY. 8. RECEIVE MAY 14, 1986, SPECIAL HUh1AN RES(IURCES CtN41ISSI0N PIINUTES: MOTION BY MS. SXEREK, S£CONDED BY MR. KONDRICK, TO RECEIVE THF. MAY I4, 1986, SPECIAL HUMAN RESOURCES COMMZSSION MZNUTES. UPON A VOZCE VOTE� ALL VOSING AYE� VICE—CHAIRPERSON OQUIST DECLARED TXE MOTION CARRIED UNANIMOUSLY. 9. RECEIVE MAY 20, 1986, ENVIRONMENTAL QUALITY CQ�IMISSION MI�JUTFS: AfOTION� BY MR, WELLAN, SECONDED BY MR. KONDRICK, TO RECEIVE THE MAY 2D, 1986, ENVZRONMENTAL QUALITY COMMISSION MZNU'TES. UPON A VOICE VOTE, ALL VOTING AYE� VZCE—CHAZRPERSON OQUIS_T DECLARED TFIE MOTIQN CARRIED UNANIMOUSLY. 10. RECEIVE JUNE 2, 1986, PARKS & RECREATION C�IMMISSI(1^! MINUTES: MOTSON BY MR. KONDP.ICK, SECONDED BY MR. WELLAN, TO RECEIVE THF, JiJNF. 2, 5986, PARKS & RECREATION COHMFSSIOtd M_TNL"i`ES. UPON A VOICE VOTE, ALZ VOTING AYE� VICE—CHAIRPERSON OQUIST DECLAP.ED THF. MOTION CARRZED UNANIMDUSLY, ! PLANNIMG COMt1ISSI0N MEETI��G, JUNE 18, 1986 PA6E 18 11, RECEIYE JIJtJE 3, 1986, ENERGY PROJECT COF9MITTEE MINUTES: MOTION BY MR. SABR� SECONDED BY MR.-XONDRICK, TO RECEIVE THE JUNE 2� 1986, ENERGY PROJ£CT COMMZTTEE MINUTES. UPON A VOICE �VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OpUIST DECLARF.D THF. MOTION CARRIED UNANZMOUSLY. 12. RECEIVE JUNE 5, 1986, HUM11N RESOURCES COP1MISSIOIJ MINUTES: MOTION BY MS. SNEREK� SECONDED BY MR. KONDRICK� TO RECEIVE THR JUNE S� 19B6� HUMAN RESDURCES COMMZSSZON MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CXAIRPERSON OQUIST DECLARF.D THF, MOTION CARRIED UNANIMDUSLY. MOTION BY MS. SHF,REK, SECOP]DED BY MR, SABA, TO CONCUR WITH TNE MOTION MADE BY THE HUMAN RESOURCES COMMISSION TD RECOMMEND TO CITY COfiNCIL RPPROVAL OF TNF, FOLIAWING 1986 HUMAN SERVICE CDBG FUNDING: ANOKA COIINTY CO.MMUNZTY ACTION PRSRAM FRIDLEy SENIOR CENTER NpRTX SUBURBAN COUNCIL FOR THE ARTS ALERANDRA HOUSE ST. WILLIAMS CHURCN S.A.C.R. NORTH SUBURBAN C0175UMF.R ADVOCATES FOR TNF, XANDZCAPPED NORTX SUBURBAN FAMZLY COUNSELING CENTER CENTRAL CENTER FOR FAMSLY RESOURCES FAMILY S,.IFE MENTAL HEALTH CENTER - $6,840 - 3,000 - 2,000 * - 3,000 - 2,000 ** - 5,000 - 1,000 - 2,874 - 3,000 - 2,874 $32,SAA � TO BE USED FOR SENIOR PROGRAMMING ** TO BE USED FOR FREEZERS AND FCOD, NOT WAGES UPON R VOICE VOTE� RLL VOTZNG AYE, VICE-CHAIRPERSON OQUIST DECLARF,D THE MOTIOIJ CARRIED UNANIMOUSLY. 13, RECEIVE JUP�E 10, 1986,APPEALS COhU1ISSION P4INUTES: MOTZON BY MR, BETZOLD, SECONDED BY Mft. KONDRSCK, TO RECEIVE TNE JUNE 10, Z986, APPERIS COMMISSION MZNUTES. UPON R VOZCE VOTE� ALL VOTING RYE, VICE-CXAIRPF,RSON OQUIST DECLAREP THF, MOTZON CARRIED UNANSXQUSLY. PLANNIIJG COMMISSION f4EETING, _JUNE 18, 1986 PAGE 19 14� OTHER BUSINESS: a. ICO Station at 7375 Highway #65 Mr. Robinson stated the CanmissTOn had received in the agenda a letter dated April 28, 1986, to Koch Marketing Co, from Richard Larson, Deputy Chief, Fridley Fire Qept., and a memo dated �une 3, 1986, to Jim Robinson from Ric Wiersma, Code Enforcment, regarding the vacant ICO Station at 73rd and Highway 65. These were for the Commission's information, and no action was required. b, Daycare Ordinance Changes Mr, Robinson stated that at a had talked about Commissioners had ordinance change. revising the received at previous meeting, the Comnission memhers daycare ordinance. He stated the this meetinq a copy of a proposed MOTION BY MR, SABA, SECONDED BY MR. WELLAN� TO RECOr1MEND TO CITY COUNCIL APPROVRL OF THE PROPOSED ORDINANCE CHANGES IN TNF. DAY CARF. CENTER ORDINANCE. UPON A VOICE VOTE� ALL VOTING AYE, VZCE-CHAZRPF.RSON OQ(�IST DECLARED THE MOTZON CARRIED UNANIMOUSLY. Swimming Pool ordinance Mr, Robinson stated that as requested at the last meeting, Staff had done some research on swirrming pool fence requirements in six other cities. Fbst other cities require fencing for pools that are 9reater than 24 inches in depth. They fiad also included in the agenda some minutes from the Oct. 22, 1975, Pianning Commission meeting, the Nov. 5, i975, Planning Cor!mission meeting, and the April 5, 1975, City Council meeting when ihe code was changed from a requirement of 4 ft. fencing to 6 ft. fencing. Concerns were expressed about the ability of children to climb 4 ft. fences versus 6 ft. fences. Part of that issue revolved around the fact that if they went with a 4 ft. fence, it would proba6ly be chain link fencing which has footholds while people were more apt to install solid wood fencinv if the requirement was 6 ft. Mr, Rot,inson stated they found that Brooklyn Center waived the fencinq requirerrent if the pool wall was 4 ft. high with a removable ladder. Mr, Saba stated his concern was that the City's ordinance did not address separately the above grounc� pool versus the below groun�i pool. It was virtually impossibie for a tt�ddler or sma71 child to walk up to a 4 ft. high above ground pool and fall in. A 4 foot high above ground pool wall does not have any footholds and with the removable ladder, it was virtually impossible for the child to fall in or climb in unless he/she was older. If they are older and determined to get into the pool, they can climb a 6 ft. high fence. i PLANNING Cbh1F1IS5I0N MEETING�JUNF 18, 1496 PAfE 20 Mr. Saba stated that regarding any concern about 4 ft._above ground pools being recessed 6-8 inches into the ground, most pool manufac- turers recommend that the above ground poo7s set on the ground and not be recessed into the ground because of rust. Even if the pool was recessed 6�8 inches, it would still be very hard for a small child to get into the poo7. Mr, Saba stated that in researching the other codes, both New Briqhton and Brooklyn Center allowed the 4 ft, wall of the pool to be part of the 4 ft. high fencing requirement, t�1r. Saba stated the code was just inconsistent in distinguishing between above ground and be7ow ground pools. (He had no prbblem with the 6 ft. fencing requirement for below ground pools.) It was forcing a lot of extra expense to people in order to adhere to the 6 ft. fencing require- ment. One was the flimsy railing that can be attached to the top of the 4 ft, wall (cost -$600-1,000 depending on the size of the pool) to satisfy the 6 ft. requirement. Mr. Robinson stated Fridley's ordinance was based on the national standards which were put forth by the American PubTic Health Associa- tion'.s model ordinance. Ms. Sherek questioned when that ordinance was written, because above ground pools were not very prevelant ten years ago, at ieast not in this part of the country. �tr, Saba stated he would like to see the FridTey swimming pool ordinance changed similar to Brooklyn Center's code for above ground pools. MOTION BY MR. SABA TO RECOMMEND THAT THE SWIMMING P�L ORDINANCE 8F. CHANGED SIMILAR TO BROOKLYN CENTER'S SWIMMING POOL CODE TXAT ALL OUTDDOR POOLS REQUIRE A 4 FT. HZGN FENCE WZTH TXE EXCEPTZON OF ALL ABOVE GROi1ND POOLS THAT HAVE A MINIMUM 4 FT, XIGX VERTICAL POOL SID£ WZTH A REMOVABLF. LADDER. MOTZON DIED FOR LACK OF A SECOND. Mr, Oquist stated he felt the Canmission really the Fridley swirtming poo7 ordinance. He woulA Commissioners get a copy of that ordinance for next meeting. needed to revie�v request that the review at the Mr, Saba stated the City requires people to bui}d fences around pools, but the City does not put fencing around lakes, creeks, beaches, which are also very attractive nuisances. He would just like to see the code changed to something more reasonable. �i '� � PLANh1It7G COMSIISSIOIV MEETING, JUNE 18, 1986 PAGE 21 ADJOURNMENT: MOTION BY MR, XONDRICK, SECONDED BY MR. SABA� TO ADJOURN THE MEETIf)G. UPON A VOICE VOTE� RLL VOTING AYE, VICE-CHAIRPER40N OQUIST DECLARED THE JUNE I8, 29F6, PLANNING COMMISSION MEETING RDJOURNED AT I1:20 P,M, Respectful]y submitted, ,, �1 yn Saba , �� Recof'ding Secretary _-� t __ ___�.�'��- ---- ------- �`�`- . ., ��---_- _ ----,��- � __ �� _--_-��o_sJG'��'�''r •✓72r �N nI. � � �ryl� �_----� y—�y�t..� � hnt5 �_- �o — � � �-. � r�, . . �75�X . � � . -------- - _ ,-- —_ C�. /' -wt�,�- _ /�c�-�-�__�L 2ST� �-c,:� _....d'` - — � ----- - _ _ _ �`'„�;�.,a,, , �'' r _ ____�,si � �.�«a_�_____j�---- - - - _ _ � � __z.� �-�.-.�ssa��__� --- - - � - �.,.,v..:.—� � � � _� ,�„�, �.—�i_.�_�_ � -- - __ -- _ '�o,l� _ — — —% 5 33 _ �u.rc�s � – � �. _ --� _ _ _ _ -- -- -----� s_3� 1�,.-�:�-�.-.--- -N 4 - — y - - � ��1_,��/' _ - � �- � __ _ _ ��' ��_ ��d�.,.�� ,__ y _ � � !P �v �A � � � .. . �,-�-- � ------- - __�. �--- � �- - ._ _y ' ---��G--�«S�,s_��l--s-�-_-- v_ . �� -�- �-� s-s�ss.� �� - s-T-- `�` <,`�.....E ��z�-�---E-- �� _ �9 � � —�'— ---- . _. _ ��'� f. 'J�.,� _ /,.,.3 :� �o,;- r.� �' 3 c-y� --`�u�-1�j - � - — �--� - ./� „ �/, ,_ .�.,_ , .,r� /I ✓ .,�� '�' �,� � � � / s �� .. —__ __�-. __ �/%�' --�s-_ __ . ,....,_ -� ,--- �f � . _� .__� - --- - � t,��w,s� — — ) 3� � � `��'-1-�i� ��- �_ �-- 1��.�,..l,;e_. ✓.�� - 1 � �?�__�� Fd-Ut.,1'l�- � � .�.� � � _ —.6��f� �y��if ��c � Y ��,� �=;� L � � F _�.�.�.�.. �.-� � � � �* ' -- �_- --- _ __ ---_ _ _ . . - �%1 � - �Gs �� _ _ �-- _ - -- ;. . _ ,�� -��.�, , : �� .....� - . -- .-__ �n-e.�! - _ � so� �u.u�. � _,_ _ '�� . p��{�,d� a l�-fi� � - — --- �-� �� -1 e-=-� -L�-�-<-6(_ � -- �7�-�-�-a.� _�_�_/3�'a ,_/� ��<�.%� _ _ �P��;O -'��a.►r�Ci., ��- --_ __ ..e-!: f�- , f ; - h� � � � _ ��.�.�. s.�, h- _ . _ — - �-� e� e,� �, L �,,�� s-- S Z t S_,t ! N�o�,� s�F Q N c � � CiTY OF FRIULEY lf�st UNSVEIiS(TY AVE.Ol.E. FRIDLEY, MN 55452 (et 2)s»-saso REZONiNG REQUEST ZOA � VACATION REQUEST SAV � 24 PLATTING REQUEST P.S. #�`�-�y r�uFSr ��SO° �x rES ��r a � s�FUn.m ��c mrAUSSiaN r�r�c n�x� ��T��-, �i. s� 1 a� Yr ��_ .. f � a� a. �: �a PROPERTY INFORMATION ..�.�. .,�• a. LE��AI, DESQ2IPtUk1: 6652 East River Road, Fridlev. MN LOT gIDCx �tACP/ADDITIDN See attached Certificate of Survey .•w� � � � •:• x. a�� • � . - RFASQ7 FnR R$�UEST: A site plan shvaing the proposed future use is ra3uired for all zaoninq. Property to be platted to simplify legal description. **# *#*#**t*!**f ***�tt**!*#*�#**t*f *#t*t!***!#*1r**!*#*1:*1:*ii##*1�ktlt�k*Ri�*#*i�f f *## **#!r*** OWNER INFORMATION NAh� (please Fzirrt} Keith & Diane Harstad Hi(k�tE # 636-3751 ADIItE55 2191 Silver Lake Road. New Briohton. MN 55112 SIGNANRE �� I ° �i�--�' IY�TE � � � ��✓" %l �6 f*#4 *##**tf***##!R*4*#t***1ti�*tf #f *!�**tf t*ir**i�****!****#*****ir#f *�t***�t*****t**f�#***** PETITIONER INFORMATION NRME (please prirn) same as owner information PfioNE AI�RE5S sic�vxe -��y �-�--� n�x� �� ,�.�....n � 9 �6 - - ♦tt#!*R!tlfi*tf!*ttlt*#**!!f*R*3#!fl�hl�F***lfitF!**}'!*!******#*t#f*frk**!*i�**#*****#*+t* • I 1 •• I 1 • '•� ?� �/ •• � ••• i� 5'PIAJLATIQNS: �} �71� �• i �? 171� �• �: . �•� . • �. •�� ..� . . Notice is hereby given that there will be a Public Hearing of the Planning Camnission of the City of Fridley in the City Hall at 6431 University Avenue Nostheast on Wectr�esday, July 9, 1986 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Preliminary Plat, P.S. #86-04, River Lots Addition, by Keith Haztstad, beinq a reglat of that part of Lots 7 and 9, Revised Auditor's Subdivision No. 23, desccibed as follars: Camnencing at the Northeasterly or most Northecly corner of said Lot 9, saia oorner being marked by a Judicial Landmark; thence Southwesterly along Yhe Notthwestecly line of said Lot 9, said line now being marked b� Judicial Landnark, a distance of 190 feet to the actual point of beginning of the tract to be described; thence Southeastecly on a line parallel with the Northeastezly line of said Lot 4 a distance of BO feet; thence A7octheasterly on a line parallel with the afozesaid Northwesterly line of said Lot 9 a distance of 190 feet to the Noctheasterly line of said Lot 9, said point on said Northeasterly line of said Lot 9 being 60 feet Southeastezly measuzed along said Northeasterly line from the aforesaid Northeasterly or most Northerly corner of said Lot 9; thence Southeasterly along the Northeasterly line of said Lot 9 a distance of 26.51 feet; thence Southwesterly on a line parallel with the aforesaid Northwesterly line of said Lots 9 and 7 to the shore of the Mississippi River; thence Northerly along the shore of the Mississippi River to the intersection with the 13orthwesterly line of said Lot 7, said Northwesterly line of said Lot 7 being marked b� Judicial Landmarks; thence Northeasterly along the aforesaid Northwesterly line of said Lots 7 and 9 to the actual point of beginn.ing, Anoka County� Minnesota», the same being 6652 East River Road N.E. Any and all person desiring to be heard shall be given an oppoctunity at the above stated time anc3 place. �•• •• � �. • . _e�t� t�_ •� i • Publish: .7ime 23. 1986 J�me 30, 1986 25 P.S. �86-04 Keith Harstad Keith Harstad 2191 Silver Lake Road New Brighton, MN 55112 County of Anoka 325 Main Street Anoka, MN 55303 Tycon Management 321 University Southeast Flinneapoli5, MN 55414 Richard Amar 1415 Innsbruck Terrace New Brighton, MN 55112 John Cullen 6668 East River Road Fridley, MN 55432 Paul Dahlberg 6664 East River Road Fridley, MN 55432 East River Road Corporation 6550 East River Road Fridley, MN 55432 Richard Wise 6530 East River Road Fridley, MN 55432 Eldon Nelson 6660 Nickory Street Fridley, MN 55432 Jack Phillips 6640 HicY.ory Street Fridley, MN 55432 Donald Johnson 6600 Hickory Street Fridley, MN 55432 Richard Larson 658� Hickory Street Fridley, MN 55432 Planning 6/20J86 Council MAILIN6 LIST Bruce Nordberg 6560 Hickory Street Fridley, MN 55432 Franz Flath 6570 Hickory Street Fridley, MN 55432 Donald Russell 6631 East River Road Fridley, MN 55432 Shar-Ann Properties 3948 Central Avenue Minneapolis, MN 55421 JoAnn Cirks 6551 East River Road Fridley, MN 55432 Gerald Paschke 6279 University Avenue Fridley, MN 55432 Charles Sparks 6601 East River Road Fridley, MN 55432 Eugene Anderson 6661 Eas t River Road Fridley, MN 55432 Omer Olson 98 Rice Creek Way Fridley, MN 55432 Frederick Halverson 85 Rice Creek Way Fridley, MN 55432 Richard Silverstein 6675 East River Road Fridley, MN 55432 Suite 202 26 ��.r �t ; , ,+� 141 , ;; , L , _ � 1 J; e ��'�e y�' ' n �irr # ��'i V" 1 �. 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' � , _. 6 •� :}k . �� . / / �(-�1� ti �#� � ��.�`ea L �, . ` �� tr.�. �� .�� a_. 4:# �..> ' � ' �:. { ± X }�� a f ��' ��` ..��i.. `� I�j,vr 7Y•',�'� - �r�. •! _ � f wr ��. ,.� C� � . . .� 4 � r � � C r vY. , ' �' .. � �:i �� r 24 � i �' .. �". y 11�� .i ^' ` a "�. r� R �+` �S� �+sAA�h v �' � : � �' - `"r� , t4 4<� �^- {� .;� . - . [ y �+ - �i.. � . " La��`i �:. � 7"�y1 � �.�%.' � � ,i ''� ; � � :r.� � � II ky �..' . t � � t� � � � � � r��"'r �� . H�,h ..� §". '3� y� � 4 �. i.. Y Z •�' i r � V� �' � + 1f�.� �.`� � t. `�,� �� 1 . . . '_� .,� s _ `-<;'-c�r .. �"::•�S .`�f'�! . . _ i . . °' �i"+ . � GTY OF '=dIDLEY 6431 UNIVERSITY AVE. N.E. � FRIDLEY. MN 66452 �a�z�a��-ssao 33 SPECIAL USE PERMIT SP ��-C� '1• M � Y '71' 1 �� •7• � i � '�' D► }� ' I 1 p� 1 N �71 I •� � .S�3E�ILED CPM ��Jt�CIL. I�E,'Ei'Il�7C� I1�aTE: PROPERTY INFORMATION PROPERTY ADTR�55 7806 Alden Wav I.�AL DFSQ2IPSZ�N: • : •«• �••w �� w �,. . �.� �i pgFS}3�T ZpbIING R-1 AQtF�GE 19,000 sq ft + 19,000 sq ft SPE(�AL USE PERMIT BElNG APFi,IED I�OR: Second accessorv buildinq - 27 X 30 qarage for storage/security of boat/trailer and chevy Blazer (these presently sit out in yardj SECTION OF Zt1E �DE• 205.07 3 * � t • • � * • * • r * • • r * • • � • : x • • • t x • * * r � * + + • • • + * • OWNER INFORMATION � Walter C. Rasmussen pgq�E # 571-6232 pp��g 7806 glden Way � 6/5/86 «*:.x�•**+�•*••**:«*s•�+:.�,�*•*••t+�*+�•*•x*• PETITIONER INFORMATION � �..•�. sic�v� � t-...:*,�«t:�.*...:.:**.,:......�:..t.*,��**« x.r�n.��c a�r�.sswN: r�xzwm ca� 000r�cII,: aPx�wm S`PIAJLATIDNS: .,a �r. . � ��. � �� PUBLIC HEARING BEFORE 7HE PLANNING COMMISSIQN Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, July 9, 1986 , in the Council Chamber at 7:30 p.m, for the purpose of: Consideration of a Special Use Permit, SP #86-08, by Walter Rasmussen, per Section 2�5.07.1, C, 1 of the Fridley City Code, to allow a second accessory 6uilding on Lots 11 and 12, Slock 5, Pearson's Craigway Estates Second Addition, the same being 7806 Fllden Way N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place, LEROY OGUIST VICE-CHAIR PLANNING CQMMISSIQN Publish: June 23, 1986 June 30, 1486 34 35 Planning �une 20, 1986 Council SP �86-09 MAILING LIST Walter Rasmussen , Gary Klingl 285 Craigbrook Way N.E. Fridley, MN 55432 John Pierro 7812 A1den Way N.E. Fridley, MN 55432 Walter Rasmussen 7806 Alden Way N.E. Fridley, HN 55432 Richard Netz 7776 Alden 61ay N.E. Fridley, MN 55432 James Black 7824 Alden Way N.E. Fridley, MN 55432 Karl Schurr 7818 Alden Way N.E. Fridley, MN 55432 Terrance Butorac 7815 Alden Way N.E. Fridley, MN 55432 Thomas Stevenson 7819 Alden Way N,E. Fridley, P1N 55432 Segwald Rechdahl 7823 Alden Way N.E. Fridley, MN 55432 George Dean 275 Craigbrook Way N.E. Fridley, MN 55432 Kenneth Carsen 270 Craigbrook Way N.E. Fridley, MN 55432 Bernard Gross 290 Craigbrook Way N.E, Fridley, MN 55432 —\i , 36 SP #8b-08 � 7806 Alden Way N.E. �� a .� () � �� . �'`�� 5° \ �' �,; � , i � � �A� .,: ,.; , P 6� {•_ '° t� - zr�� i�. � ... *- � . ,4. l•;, _,�� ,.•.-.,. . L � � __ � ___ � ! (i • f -l� tl �� f d. �j/?)l:a ^_ -. , � ,. \� .�,+ �� ti �1) �j. . ,� '� o�� ,;:v�� w / � , , - + � /� e wa�iN1 �o jz . �g� �'�si��.' i �9hL) . f � �� . � f. 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' „� �.IKT < < � ; � '"' ,.� l.a ` ': r� t 3, � ; �^�C� �: � -� -s� , . x �" b', 4 . ? .pPJ '� , f+' . .: ' c_ n} : ry«�r.� 1:,�„'rrf �.".§'L` E¢°' .�` ��5'i-{� i g �'1 s+k° .s,q�� . � x �r _. y, �� -^ �: b, � � ... i Vk's�...§�^t..rFci - � '�ri�' °_ � �y � °R d i �. iY�40 ,- T��i� R �� ' 9 �'� af �� i' � �- - f. �%wC ° ..,C _h� °s +.� �, .; �i .i ,. i+� `� -- �� 't r 't- % i' s .XS. . � �- :'�i _ ... � . �- ..,' 4 r . _ ,} : � � � .c � `� � .1 ' .�. i.y,_ � Y s � �G �, �s`i.'i�� ' '��i?� � � +r ��' ��.J >f,� rAv7t�r7 L'. .p°'ly.,a a.. f:T . ' ^'aa � i '�, ' . I+�,,:� � '� !- w�" : ,. � 3�' "'s'�r` ."�.ry, � �at$ ,�,,��F �� . _"e"' '�`i:::sAYm.� 'r.. ' +��' 's' `' i��v`.'�.'w�'�_ '- A � p'TY OF FRIDLEY 0431 UHIVERSITY AVE � FRIDLEY, MN 66482 (a 12)571-S4b0 41 ��E� SPECIAL USE PERMIT SP �O'9 ti• M� y ��• � r r • a• ��. v a� a► .. � � �� i � �r �� • " �. 9Q�IIDULm CPTY CDUIJCIL AEE'PII�G II�,TE: PROPERTY INFORMATION ....,,. . �.• �. I,g;AL L�:S(RIPPIU21: � I.OT �_ SIACK L� �tAQ'IADDITNN ��L1�?� t11LL� i'L�1 �s� Zo�,�S�n f a� ► rQ! �E SP£CIAI, USE PERMIT BEING APH.IED FOR: ��,/� !� . .^E=J {1,..� r lC�.v�.� r��. fl.. � t SflCPION OF 14iE WDE: • * • ! # * t 4 * • t # ! 'k k 1� # 4 t f t * t * * f ! • * * f t * t * * !� f 1t * t! * OWNER INFORMATION t�ar� l�'1lCtiHEI� � t71��4;lLl,tPS x��E t 571 -�si51 . ,,. �- /S"ill7,Z��Li.• � � �ti/ ��.�� f • • � . ..I�./_ r.. �.��.. i ' s � * * ! 1F t 4 t �t k t 4 ! # * # ir # * • # * i t ! �t f� 1F * * R ! # • � !' * +t * +k * t R PETITIONER INFORMATION �� ..•�. ,. � R ! t k ! e * i * t # ! t : • # 3 ft * * � ! * t : +t fk # * * • ! t • * +� * ! f ! * • • i � �• i i •' ••� » M •• � •• � » � a �r� i:� �� I�ATE � PUBLIC HEpRING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Gommission of the City of Fridley i� tfie City Hall at 6431 University Avenue Northeast on Wednesday, July 9, 1986 , i� the Council Chamber at 7:30 p.m, for the purpose of: Consideration of a Special Use Permit, SP �86-�9, by Michael McPhillips, per Section 205.07.1, C, 1 of the Fridley City Code, to allow a second accessory building on Lot 19, Block 2, Sylvan Hills Plat 4, the same being 291 Sylvan Lane N.E. Any and atl persons desiring to be heard shall 6e given an opportunity at the above stated time and place, LEROY OQUIST VICE-C�;AI�a PLANNING COMMISSION Publish: June 23, 1486 June 30, 1986 42 SP �86-09 Michael McPhillips Setty Wickman 261 Sylvan Lane N.E. Fridley, MN 55432 Roger Reynolds 271 Sylvan Lane N.E. Fridley, MN 55432 Robert Hosman 281 Sylvan Lane N,E. Fridley, MN 55432 Michael McPhillips 291 Sylvan Lane N.E. Fridley, MN 55432 Fridley Covenant Church 6390 University Avenue N,E. Fridiey, MN 55432 Duane Jorgenson 2C8 Mercury Drive N.E. Fridley, MN 55432 Mervin Herrmann 278 Mercury Drive N.E. Fridley, P1N 55432 James Tollefson 266 Mercury Drive N.E, Fridley, PiN 55432 Clinton Coppicus 256 Mercury Drive N.E. Fridley, MN 55432 W911iam Camp 6280 University Avenue N.E. Fridley, MN 55432 Robert Davis 280 Sylvan Lane P�.E. fridley, MN 55432 June Wood 270 Sylvan Lane N.E. Fridley, MN 55432 Planning June 20, 1986 Council MAILING LIST Lowell Swanson 260 Sylvan Lane N.E. Fridley, MN 55432 Fridley State Bank 6315 University Avenue N.E. Fridley, MN 55432 Fridley Plaza Office Building Partnership 1250 Builders Exchange Building Minneapolis, MN 55402 Loyd Tan�er 6260 Rainbow Drive N.E. Fridley, MN 55432 Daniel Stout 6250 Rainbow Drive N.E. Fridley, MN 55432 43 .. t � _r'� ` _ i . s 1 � � . F'� � --- - -'-� ---- -; ; � . 1 _1;: i " y h , �Q ��%�'� 7 �^l 6P'#86- 4 ---- -� ; , --; -- � 91 �yl a -t�n ; N E� � �p ? ----- ; : ,�,, � — ;�� yP .�fj� o ' Q :--- - -; ,� �. i e ' '• � z �C ,�� X . �' ; n �. � . . . . ---- , _�a. M .. �. " �`ANE ''",,,,� ° , , ELLITE: '� ` 3 . �_ . _ , � rssr ° � �'r �' . � , : . - a- � "i� : ��r� .. , �y�l w,i �i�1. i��: ��' ��` f� � b. �y _ It�� {//�� f� 0 `- �� `�l . s + V • � '' : a � •� : . •l' °�t�' Wl � `q'' 'ti �ti�,.� . f ` ��,iV { e ,.y J e�, , { ti , r , I �- "M�RCU:�Y ,.- ORIYE ' — ,3 ' � . _ � l�, , ' `,� o ,_�, t>` ':. / � — . `,.; <9 � - �� ` � j►.` �°. , i� �� _ r ' V%C� ' . . � ., �y� tA", �.d%i . q�, � ,s ,� _ � ---� -=-- --t�NE—+�' - --� . ` .'. fY •y.. �� v II d E -,i ,q 9•� �I f., i 1{ 1 ` . �,� � Y� . � \/ 7 ,r- " �. ', s,� u:' * � ,a, :� : �� - � . _ DRNE I � ��1 �� rr�, • � _ � . , . ('a� �6"' ��w� . �� .. � 9� ._ f .i ` ; �:- � ��, iVt. ��\ . ♦ �, ,; . ,pJ .' ,r, � ,�,, � }l� : � '�� . .:°, �"��: i 3 O W �f r � 2� ; r �+ �� ,.r , 6 : iu \ �g�� ; ,,, ,_ • ,,» i M� ' rnl/i< C y '��, c . 2: � � 4e �1�1', ��r i.� �eZA ., � 'i ��,. J: U M� . . R_ � �: NrE , �� E 2 s.: ._,� .- .-- . , � oRive . 4 � _ � , c� : l' � •I �� „ ;3ao,� I �: �y,, 1 � . ` .+.: . � I r 9 LANE "f� � � I 5 r�� -�> �� - ,. �t��i� � • � ;,.. ::� i ._..:�. ---=- Land ilanning lond S�rvering Soilr iestie9 Civil Enginearing Muni<ipal Fnginceri�g dLl�Gf�tf'�'�2 SP N86-09 �� t�c�� e`i��1�(�!'r�;"�i�C. Engineers & Surveyors Mortgage Loan Survey for �'�11Chp�1 M�Qh�I � -�9.95- � �' ll!� ly � Ora�naq� ;,�S�m�n� ' qp PropcS� ; G��^�� 1�� _, �`� � i i �SF � � .a � 29� � r t 19.`1= 'tl.rl � � _r - �0,�5- S��vnN � a- � 1 M1 `' s -Q � GAR �, N 4.33 ; �-�� a �A�IE � 6875 Highwoy No.65 N.E. Minneapolis � Minn. 554�3 Telaphene 78A-6066 Areo Code 611 y � a v u-J � LOT f g SYLVAN: Nll.t,S � z 7 Q �- � �n i`, � z � i3LOC i< 2, P L�`�T 4 Scal�, ti" = 30` T6iy is a frue and cerre<t represRntation e1 a s�rrer o! the beundaries ef the land ebeve described ond of the bmtiee o� oll 6uildings� if ony� f6�reon� ond afl v(sib�e en<roncAm<n4s� �/ eny� fram o� en said land. This s�rvey is mode oMy in to�neclien wifh a merfpay< leon new being placed on 1h< preperty ond no liabilify is asaumed <a<ept fo �he holder oi �uch mertgage or oay eMer :mer�se ocqui.ed by Ihe �emon of suah mort9a9e. u is unda•�feod a�d egr��d ne monu� nts hore been laced fer fhe purpese of es�ablishing lo� I��es o. boundory corneri. Do1ed ihis�4 doy of .lun'' .A.O. 19�. SU6URBAN ENGINEERING, INC. F�9Y y�s G /� Surv/ o. 6 �.. %/� - __ �tG 6 �r Y � � � T q/IF f : ""' ° a,�.r . �,�i `�'-r��: �• ``'J` � t �' � �_ • �� Yr, i . . � yt � T� i4l .�'°��4� 1�[ � � ��,�y � . � �� MA � � c,.. . � �� ..' �" � v r.F � � � A �,�Y� -. �.� '. s �„ '� ` .. ^_� �, l's.'Pl��''r fiti �4 .. . � x ` �Jn _� r .�fh � ' � — ^ 1 . . . ��.� "�t� . MG�2C,��2`1 t ;,. x , __ . . . .• V ,;�...e 'q.�' r� � :+• T� ��aSS f � � ".,W u .� Zf .y�'r_-'�F e°f'�§,� � i � ��jV �r��^•- �> 1,'�. � . t �+�.' �G � ��r\ #y[3 �� f��. � 3 � �� { „ � � ��-�� .�f _ . i'� / R �2'` •,� . .�l r� ` �t � � .' � _ J . r . � � ' y 'tX . 17�1 �i � , �� .:. ::-.�+�k�.-x._ 9' � kf ��._Y'�� A:, _.� ��r.�> .� ..: , .R µ - � ',�- , � ' �`:;- Y ; . ��{ . • . �:d:iM+. Y ~.r `� • , � . �..'� � �1 . . . .1•.. . . - . 7 e . . . � . 't . .-. - .' . ,, �. x `j� . ` � - � A � �FY'�`li S ' Sr.c.S4�.3oN, �24_►�`' _ � � � g o' � -, a°� . �,.,,_ -• . ^ ;. � � i. ur �1 �� LtY° � 5y�v�� _ _�_ � ,� r � , . y� ' � °4 , ' . � . . . " �. � � � � � tn � ? � Q � 1L � °. r ♦� � ��...1? . � '� te'r y e ; � jf�'`� ti^R.,'t _ )�i ,{7" .A � � r', { �� tK' ar'.��. 's�e�i � : �Y:� .t. . C � .. � � � � ��'�� \ � � 2 � � � ` } � 7 � ;. I' t�; •,.. . � y i ��,�7 � � � • . �� - : y ,y�r�� . . ��ii6�1�: 'j$��Lt� � � ' ■■ .'m. �y�- . .. w- .. � e3: ■1 4-. , x i � �t.rX �j�. ��. .. >.- . .s' � .._<a� . , . _+:�-! �'r= EYG'-i�i r :.S�i t':„�tR � PLANNING DIVISION � cm�oF N1EMOR.ANDUM F[ZIDLEY M@D RO: Jim Aobineon, City Ooordinator !�!D F3tQt: Daryl lbceyr Planning Assistant�jtit I+Y3lD nATE: J�ne 5, 1986 .: a '" � ' : (h J�e 3, 19A5 City �uncil approved 5pecial Use Peimit t85-04 �or Lance Lindoan, 4565 �ird Street N.E. to build a eecond accessory building of 20 feet by 16 feet for the principal etorage a� an antique autanobile. Because Mc. LincYaan would only be driving the antique aar a few times a yeac, in the su�mertime, a pnved driveway leading to tiie gacage rras not required. R�ere was scme ac,ncern at the time that the qrass leading to the garage might beoome worn fraa the car beinq driven on it to get fran the atreet to the garage. �he only stipulation Eor SP #85-04 was staff teview one year fc� the date of C.ity O��cil apixwal. Q� Jime 4, 1986 I inspected t2ie garage that was twilt at this site and talked to the avner. �e garage was uuieed being used for the antigue car and the ca� had been driven only twioe sinoe tl�e garage was constcucted. The grass leading to the garage showed no signs of weaz £rcm tire tracks. It is my oginion that the gazage is being used in the spirit 3ntended at the time of the granting of the S�ecial Use Peaait. Nr86-118 � � CITY OF FRIDLEY FEND 7fl: PLANNING DIVtSION MEMORANDUM Jim Robinson, Pl�ning Oootdi.�toi M�lD FRO!!: Daryl Morey, Plaming Aseista� �yM MEND nA�: J�ne 18, 1986 R�ING: ltimes�ta 1�troleua Setvice S�ecial Uee Pe�it #78-13 On Nov�ber 29, 1485, City O�uncil re-approved SP �7&-13, to allaa sales and servioe fox the installation of service station equi�ment at 5333 University Avenue N.E. t� Minnesota Petroleun Service, with the fallawing stipulations: (1) (Z) (3) (4) (5) (6) (7) (8) (9) (1D) (11) fence be replaced tr� Nwenber 29, 1985, as per plan. a�w fence be installed for additional stora9e area on the southwest oorner of the Lwilding, as per glan, and by November 29, 1985. a new fence be installed, by November 29, 1985, to enclose d�unpster area, as per glan. landscaping be installed k� 23w�nber 29, 1985. as per plan. fencing and building to be stained or painted by November 29, 1985. Atmour Shield Tank Lining Sicyi and Minnesota Petroleum Service sicyi to be renoved and reglaced with a single combination sign to accanodate both businesses which meets City Code l� Nov embec 30, 1985. storage yard to be rearranged and place all material, including equignent on the property, to the north within fenced area by F'ebruaxy 28, 1986. zanwe trailer fran storage yard b1r Februazy 28, 1985. reglacing blacktoppinq within storage yard t� J�e 1, 1986. all equipnent and materials unique to the Armour Shield Tank Lining business are to be ranwed from the site and continue to be ranwed fran the site. this special use permit to be reviewed by the Planning Commission in J�e, 1986. On June 12, 1986, I oonducted an inspection of the Minnesota Petxole�an Service property at 5333 University Avenue N.E. I talked with Mr. Steve Hanson at that time. All of the stipulations appear to have been met with the possihle exception of n�nnber (9�. 'Ihere is blacktopping in the storage yazd area, but it is not new. I do not believe that r�ew blacktopping for the storage area is planned at this time. rr86-127 • a� �p� sli {ll i�v M fy,� �o • , f10o � ? � 6 e ' .. .: �y `. oRiv� .. 2 1� � 110' , 4 � �,� •. �o � / ,_�. .,�y „� > � a � � d ,� . � `� !28 �'�.° �i5( y� p` Z 7 Q. ^ , �� IO�L/D!� s� ` '• � � � � ` /� �. � / , , � (,/� � . � 1 'R I Iti�. � ' �Q #'+� 1 ' � ...• �O �� ' O �f "g� � " ' .. �y0� 9s1 �� • �. � g + • � 9 � ��yS � , � �1 � � � < < ... �� i - rA �1 �t, �. s Y EM'. �'% � t �, ' t �'� ••�: ., :; ' ;`,�.. �,'` s ,,, . 4 3O , ,�� ' ►°' , i : w`, � f � � � \ %� c H' ' DRIVE � �'_�� t@� � =' �� I �� ,° ` . �� v� �75o Ov"�6�0 �:' •� - ~ ` #�� 7� � • 611 � g l 1 ? : � ' �.- 'l�1i ~ ��Oq � «� � jdZO ^ �3 � '_ ¢ �� /� � � 9!� ��; W Ls! � .� . , ,r� . .s '.'S ! J ,,, >,— ,�. �s .- � /- l�7i1 �brt n1 bia Si► � °`�' % �r ,�s Jfs ,1r �s n /! 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Ni 7G l �700 � y. .rtt � � � . E ' :•:' •• i�; •• � .... + � (s � .$ {r70 I 6100 , �, y ' � � ' n. r N� , � w r � _ � �' . � 4 7 j e 1 �i;• :; : :• : .;: • �• � :•t: :•�{ • : � � �K50 ' s I • , .. ;:3�'�:•:i::i4;i;ij��,: :�'•::{�'• :•: =: :;. i V �� /s � F, 7 , .: ; •: .,:,. ' • :.; .� : : : .: : � �r��., :•i: + \ . . . . . . : : ' • ;;: :•.'ir,': . . : � : : .ti :.�= � �. : ;:.. .::::. f ' :.•: ,� ► ' � �' ' `" ��a��i::: : :�: :: :::: ::: :�: : :•. :. .�f �•: �;: ::: ..: : : : ;:� i� r� `W •, •iM1��• •'�'i li . � • .'i � ��..: I� �� :.,�: �� i�� • 0� � • �� i '.�. iSaej i578 �:, ., ` :::: �Pj¢i�%:: : : . ::; .!�"�'� ; :�::; : � : ., ....�...• � �`�� :::; j/� li �, �� % : +�e7'Y• :. •'. • ••. . :� • :'.� . :'. 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LOCATION MAP � t f RJDI.EY I �it[ ►---- •�OY,,; i W�ECt 7/18l85 Meadowlands Park pIFiECTCRATE oF PUB�lC WoRKS ME M O R A N D UM 51 • o° o �z '•g� .:_. - � � PW 85-220 aC��p1�« p ., . __.� X X --- x The Planning Cam�ission aondicted a Ri61ic Hearing on Wednesday, July 17, 1985 m the Meadowlands Park Plat. '1l�e puxpose of the meeting was to acoomplish public notification of the City's oonsideration to imprw e Meadawlands F9rk, ob�tain a ooneensus on the park scheme, and identify a prelimira�y glat to be �veloped supporting this sdiene. At the February 25, 1985 Ouincil meeting the plan discussed Was to utilize property sales with MSAS aonstruction (if necessazy) as a means of obtaining funds. Autho�ity vas granted to retain the eervices of ZSQ]4 to investic�te how the property oould be developed for a pazk and Suburban Engineering was autho�ized to pceFare a plat far this area. A lazge trmbec of reicj�bozhood menbezs attended the meeting. 7heir major mnoecn was selling park land. Included in their presentation to the Planning Cannission were t�wo seFarate petitions against land sale. There was an attenpt by tt�e City and sane Farticipams to address a pack oonoept, 6ut this iten rever becane a real issue, as a matter c� fact, a numbet of people, including Mz. Cis, of 891 - 6th Avenue, indicated they would prefei to have the park plarrted with trees as a Fassive area, to any major imprwenent involving land sale. Due to the nianber of peogle pzesent and Yhe lack of concensus on the various issues, the itsn was tabled by the Planning Commission with the rewmn��tirn to aend the item to I�rk and Recreation Conmission in order to obtain rei�borhood oonoensus on what is desired. JGP:JbD 3/£,�7Jll �z P�12K5 8 RECREA7ION C01;19ISSI�L' tdEETING J1UlUIlRY 6 1936 PAGE 4 1. Additional tax revenue fron four nw homes 2. S4�5Q0 in park fees � 3. Resaovat of existing re»ted older horw 4. Elimi�ation of special assessment costs with interest atcruing against the cit! property 5. Eliminate maintenance cost of unbuildable substandard lo: 6. Said property would then conform to adjacent n�i developments. It was the concensus of the Comnission nenbers that they smv no nroblen with the Cit� pursuing this purchase with t;r. Brickner and Mr. 6lombc,•g 3. OLD 3USI'lESS: a. �;eadowlan�s Park Re�+ort t•1r. Gustafson stated the Comissioners had received tt�e proposal developed by the citizens for the development of tleadowlands Park site dated :lov. 1R, 1�85. 11r. Gustaison sta*_ed basicali:� tl�ey got a representative f ron each block of hoiaes around the park area �+ho net and put this report together. The inp�t r�as fron those residents and fron studies of ±he proposals a�d cost esti�ia!es done by TI:�A in June 1935. ` t�lr, fustafson stated tiiat cwre t`�an anything else, tlie residents want to � work witii the City in gettiny things started, realizing everything cannot be done at once. ihey would like to put together sone kind of plan where ov�r the next 3-3 years, tleada•+lands Park will he taken care of to r�ake it more usa5le park land. Mr. �ustafson stated tliey felt the development should take a three-folA purpose: 1, drainage systen 2. ponding 1•�ith aeration 3. ir.rprove land with passive use 1•1r. Gustafson stated they felt it was imperative that the drain�e rroblai be handled first as no other developnent is plausible until this is connlete. �4r. Gustafson stated questions ►�ere raised about the prohlen with nosquitoes witfi a pond. They contacted Moka Count�, and Moka Lounty will tal:e care of those kinds of problems. Mr. Gustafson stated that regarding purpose �3, it aras the concensus of ail the neighborhood that they real'y do not wish to see the city Qut a la! _ of money into ballfields, basketball courts, etc. They just aant �n walY.inS trail, plantings, trees, possi5ly picnic tables, etc. Mr.•Gustafson stated it was cost effective in putting it together. Instead I� of 5240-250,000 as proposed tast year, they are looking at approx. 5135,000. 53 PAI'KS � RECRCATIOt� C�1t•1155I0�� MEETI��G JN�UARY 6, 1986 __ PAGE 10 } 14r, r,ustafson stated they cannot stress enough that this is the largest piece of park land sitting in Fridley. Nothing has been done With it, and it is about time sonething was done. Mr. Gustafsvn stated they would like the Cormission to take this proposal to the City Cauncil. The neighborhaod is wilting to worl: with the Cit� on whatever plans are necessary to get the proiect going. 14r. Young stated that at the last meeting ahen this was discussed, he had suggested the possibitity of availa5le funding for developnent through the Rice Creek Ilatershed Oistrict� since this is a water problem. Or. Roudreau stated he would contact so�eone from the Rice CreeN Watershed District. �4r. Y,ondrick stated the onlv item that ►•rould concern him was iter� �3: iRprove land fo� passive use. He did not totally agree with that. He �yas looking at the park as touching more people than just those who live ir,oaediately around it. It Nas his personal opinion that sane type of recreational facilities. such as a baseball dianond, snall basketball court, or tennis court. should be considered. Mr. Gustafson stated they did discuss that and one of ttie problens with that was the access to the land and ►+ho could really use those types of facilitiPs The City would be entailing nore cost if they ask for tf�ose kinds of things initially. He stated two reasons why they presented their proposal this was aas: (i) to try to keep the cost down initially to get the plan unAerway. t4ore development tan take Qlace later; and (2) in talking Nith the �ei ghhor- hood, it was their concensus to keep it a passive area because of the limited access and because it uas what they preferred. kr. Y,o�drick stated the Commission �aas very appreciative of the report prepared Ay the neighborhood. YO°ZO.': BS' MR. YOU:JG, SECO:JDED HY l4R. ALLF.N, TO RECEIVF. THE F.T.Z'_"^'Cl' PPOPOSl�L fRD:' TtIF. C:?IZE`7S FOR Tl?E DE:'ETAPY.EM1: OF T!!L HF.ADOI:LA,'7DS P/lRl' SI:E. UPOV A VOICE VOTE, ALL VOTIIiC AYS, C9AIRPF.RS07! KO:IDRICY. DECLAP.F.D THF. lfOTIOt1 CARRI£D UNAMSMOUSLY. NO�Z017 BY 14?. ALLEIJ, SECOI:DED BY MP.. YDUNG, TO SFllD TH:S PROPOSAL O77 TG TXt PL3::97l7G CQE6fIS570N AND CITY COJNCIL FOP. APPROPPZFTF ACTZOf7. 11PON A VOICE VOTE, ALL VOTI�IG AYE, CHAIRPERSON KlJNARICY, DECLAREA Tltf. M.O"_'I0.'.' CARRZED U11A17I1lOUSLY. F1r, austafson stated he wouJd get the list of�anproxinate costs together before the Planning Cocniss9on meeting. `� 5y ua. s� ua.os n�n�rriaNs 23. I�ersonal Hcpressim sic�. A sicyi which expcesses an opinion ot feeling of an indivic3ual or gzoup and which its princig-�1 purpose is not for the pr�otia, of any good or service. 214.05. SIIGNS PF�RTTED IN AI.L DIS'IItiQS 7. Aersorial EScpression Sic�s. Provided the� meet the following requirenents: A. A maxinum siae of thirty two (32) square feet in area per si�. B. A m Ya ?+s�n+ of thzee sic�s pei tax paroel. C. A ma�ciso�m distance of ten (10) feet fzan a�ry pzoperty line or driva�ay. D. 4he sicyl does nat oontain any messages which are libelous or obsoene. E. The sign is erected by the awner of the property upon which it is locatedJ � � e��14 '✓� �1:>�!:'.ii�• 1 • $1C�1 PELDIlt. E. No permit is zequired to display the follawing sicyis. Rhis shall not be wnstrued as Xelie�ing the exector of a sicyi, or the aaner of the property on whicl� a sicg� is located fxan confozming with the othez prwisions of this Chapter. (10) Any perso�l exptession sicyis which ace erected by the awner of the parcel upon which the signs aze bo be plaoed� Y�RGR G Nl�RiCM DA V ID /. Nf W YAM JAMES E. SCMMEGF�f�E11 HERRICK 6c NEWMAN, P.A. •»o�wcrs wr Uw ►My,� �:� s,�a.,,55 OS1Y VNIVERS�ry I�VLNUE N.E. FRIOLEY,MINNESOTA 65492 ST1.]L30 M E M O T0: Fridley City Council FROM: David P. Newman, Assistant City Attorney � RE: Ralph Skinner DATE: May 28, 1986 Pursuant to your request at the May 19, 1986 Council Meeting, we have researched the issue raised by Mr. Skinner's neighbors in which they allege that he is violatinq the Fridley Sign Ordinance. It is my understanding that the neiqhbors are alleging that Mr. Skinner's signs are in violation of chapter 214.06 subd. B of the Fridley City Code in that the signs in question are greater than six square feet in area; are greater than one in number; and are within ten feet of the roadway. in reviewing the code it appears that this section pertains to real estate signs for developments of less than ten dwellinqs. However, in reviewing the signs located on Mr. Skinner's property, it appears that only one sign is there for the purpose of promoting the development and the balance of the signs voice Mr. Skinner's displeasure with the City of Fridley. Consequently, only the sign which directly promotes the potential real estate development is covered under this section. In reviewing the Fridley Sign Ordinance it is difficult to find a description of a sign which accurately describes those signs located on Mr. Skinner's property. The best category would appear to be the regulations for political signs. In reviewing the definition of a political siqn it is directed at signs that promote the candidacy of a par- ticular candidate or address what the electorate is about to vote on. Mr. Skinner's siqns do not directly fall into either of these two categories since as of yet, he is neither a candidate for political office nor are the issues raised on his signs an issue in any impending election. Since the signs do portray Mr. Skinner's frustration with the City and addzess Mr. Skinner's view point on action taken by the City Council, I would suspect that they are most akin to political siqns. Sevezal years ago the U.S. Supreme Court addressed the questions of what steps a City can take in regulating poli- tical signs, in United States v. O'Brien, 391 U.S. 367, 377, 5b Fridley City Council May 28, 1986 Page Two 88 S. Ct. 1673, 1679. The test developed by the Supreme Court was recently followed by the Minnesota Supre�e Court in a case involvinq the rights of the Hare Rrishna to distribute literature at the State Fair. The test adopted by the Court is.three pronged: 1. Dces the Ordinance further an important or substan- tial governmental interest. 2. Is the governmental interest in adopting the ordi- nance unrelated to this suppression of free expression. 3. By the passage of the Ordinance is the incidental restriction on free speech no greater than is esseo- tial. If it is the intent of the City to address the remaining signs on Mr. Skinner's property, it would be the recommen- dation of our office that the current sign ordinance be amended. I would suggest that a new category of signs be created requlating siqns of personal expression. This ordi- nance could require the siqns to be maintained in a safe manner and that they do not contain any statements which are libelous or obscene. However, beyond this i would not recomtnend any qreater restrictions for this type sign than for political signs. I believe that a strong Due Process and constitutional agrument could be made if the City were to permit greatez leeway for political siqns than it would for signs of personal expression. The City could also require this type of siqn to be no greater than thirty-two square feet and for this type of siqn to have the same set-back requirement as imposed by political signs. I would have serious coacerns if the City were to attempt to limit the number of signs, particularly if the ordinance ware to limit each property owner to only one such sign. I do believe though, that if the maximum number of such signs was kept at three or four such a restriction would much more likely withstand a constitutional test. We would required for sign is also located. also not recommend that there be a license such a sign providing that the author of this the owner of the property upon which it is We believe that an ordinance of this nature would withstand a constitutional challenge. The first test would be met in that the City has an interest in making sure that the siqns do not intezfer with the flow of traffic nor that they become so large that they are distracting or detract 57 Fridley City Council May 28, 1986 Page Three from the general neighborhood. The second test would also appear to be met in that the ordinaace is not suppressing free expression b�t simply is attempting to balance such a right against another proper City interest. Finally, it would not appear that the restrictions on freedom of speech are greater than essential in that the property owner would still have ample opportunity to express his personal politi- cal opinions. In summary it is our opinion that with the exception of one sign, the signs do not fall within the categories appropriate for promoting real estate development. It appears that there is not any category of sign in the current ordinance which directly addresses the type of siqn which Mr. Skinner has on his property. If it is the desire of the City Council to regulate such a sign then it would be our recommendation that an amendment to the Ordinance be prepared in which this type of sign is defined and regula- tions similar to those imposed for political signs be adopted. As I indicated to you at the Council Meeting, the City has two alternatives if it wishes to attempt to enforce the Siqn Ordinance as it applies to Mr. Skinner. The first option would be to bring criminal charges and to proceed through the criminal courts. If Mr. Skinner was convicted it cannot be quaranteed that Mr. Skinner will still be required to remove the signs although it would be extremely likely khat the Judge would include such a provision in any type of sentence. The other alternative is to bring a civil abatement action. The recommended procedure would be for the City to commence a declaratory judgment action against Mr. Skinner seeking to have the courts declare that the signs aze a violation of the City Ordinance and that the City has the authority to enter onto Mr. Skinner's Qroperty for the removal of these signs. I would strongly recommend the City not to attempt to remove these sig�s without first having obtained such a judicial order since the City could be exposing itself to considerable potential damages, I will be glad to assist the City and the City Council in any way you wish in further pursuing any of the items raised in this memorandum. : :,� . i. i �..: i -. � � � ...,•�. i � •:• �7 • ".! ►1' • 1: Y ' I t �' l�M� I1�iTE: J[II.Y 2, 1986 ,• � �n- �� - � �t •�v i wnta�ted the Minnesota pepartment of Health-SWiumning Pools division, and talked to Mike Wokowski, Chief Community Health 5anitarian. I called to request a more zecent o�g� of the private residential sai�mung pool ordinance. Mr. Wokowski informed me that the State does not have an ordinance for private pools, only one foz putxlic pools. 4he reason the State does not have a separate ordiananoe is because the two are very similar in oontent. Mc. Wokowski also mentio�d that the pool ordinance is ta�der going change, and that one of the foreseen dianges is the heic�t of the surrow�ding fenoe fran 4 feet to 6 feet. This new oode for public pools will be finalized in November or Deaemi�er. Mr. Wokowski reocRmiended that in the case of above gtound paols as well as belaa groimd pools, the fencing restriction should renain at 6 feet in height with m hand or foot holcis. �e basis for this reoamnendation is that any pool is an attractive nuisanoe and the better the fence, the less likelyhood of snall children climbing the fence or wall and drarning in Yhe pool. If the fenoe cbes not meet mde, not only the haneowrez would he liable for such an incident, but the City wuuld be also because the� were not enforcing the oode. 2he goal of this ordinance is the protection of the public's health. i � •�� •• r• • � QTY HEIGHT OF EEN� Bcooklyn dentet E'enoe heic�t: 4' Brooklyn Park ..�, . . O�limbia Heights •.. •.. .� New Brightan EX('EPrldtJ: All above groimd pools that have a min. 4' hi� vertical pool side with a renaveable ladder. Fenoe height: Mininum 4', Nk�tximun 6'-6" Fence hei�t: Mi n_i �m r} � 24' or deepec pool Fenoe height: Minimun 5' . F'ence height: Minimm 4' 18" or deepec pool Fenoe hei�at: Minimm 5' ingrowid or partially ingro�md or a height of not aaze than 3' above groiu�d. * All fenoes to be oangletely enclosed security fence with a minim�nn of 11 gauge wwen wire mesh, made of wrrosion resistarn materials. 7he fence shall mt be more tk�an 4° fraa the bottaa of the fence to the gro�d. * Each gate shall be the height of the fenoe and shall be of a self-closing, self-latctiin4 ti'E�• )ZCQP(L6:F6 59 Dean Saba's suggested Code Change Revised sectian 115.02 GENERAL REQUIREMENTS _ 5. Fencing Added Fencing or other effective means including, but not limited to, xalls (Pool Wall included) or buildings, acceptable to the City, shall be--------------- r__�____� swimming pools. Fencing shall meet the following criteria: A In Ground Pools: (1). Existing ok (2). Ezisting ok (3), Existing ok (4), Existing ok B. Above Ground Pools (t) Fencing shall be provided 1�-with self closing or self latching gates capable of being locked. This fencing shall be four feet in height. (2) The opening betWeen the bottom of the fence and the ground or other surface shall be not more than four (4) inches, (3) If pool is in fenced—in rear yard meeting the self latching and locking gate requirements, the heSght of the pool wall shall be included in meeting the 4 foot requirement, providing a safety ladder or removable entrance ladder 1s used as the means of entering the water. 115. �� '$ (ser. 6�0, 63�) 115•O1. DEFINITIONS The follo�ing definitiorw ahsil apply ia the interpretation and application of thi� Chapter and the tollcwing vords and terea wheaever tdey-ocCUr in this Chapter an defined an follo�a: �, Nealth DeDR�tKOt. Bealih Offla�r or State Hoard cf 8ealth. The City, whea uaed in thia Chapter aad ia the requlrements �dopted by reference. 2. InflataDle Svi�iag Pool Enclo�un- Any Cemporary atructure vhose Qrimary ■eseie of aupport ia air pre�sure. 3, Person. partnerehipaubu�lne�auin titutionn�agency, or'sny Federalr, State ior local government agency or instrumentality or other entity cecognized by lav, •e the aub�ect of right� and duties, snd ahall include, but not De limlted to, emyloyeee, licensees, tenanta, caretakera, lenseen, oanager� and operators of svimming pools. �I, Private Resldential Pool. � Any �wi�ing pool located on private property uoder Lhe control of the homeowner, permanent or portaDle, the u�e of vhich Sn lisited to awimming or bathing by Che �esident family or thelr invited guesta and having a depth of more than txo feet (24 inches) at any point and s aurtace area exceeding 250 square feet and a volume over 3.250 gallon�. 5. Public Swimmiag Pool. Any swimming puol, other than a yrivate reaidential Daol, intended to be uaed collectively by numbera of persona for swimming and Oathing and operated by any persona whether Lhey be ouner, le�see, operator, licenaee or conceaaionaire, regardleaa of vhether or aot a fee ia charged for such ux. 6. Speeial Purpose Pool. Any awimming pool uxd aa a treatment pool, therapeutic yool or a apecial pool for xater therapy. 7. 9ui�ing Pool. Any aCrucCure, Daaia, ebamDer or taaic containing an artificial Dody of vater for awimming, diving, re]axation or recreational bathing. � 11�•V1•/ 60 DefinitlocL+ 115-D1 15.02 8. 5D Yading Pool. Any awi�ln8 Dool uaed or designed to be uaed ezcluaivelr for vadin6 or I bathing and having a uximum depth of txo feet (20 inchea). 115•02. GENERAL REQOIBF]�NT3 t, plan and Building Peraits. No peraon ahall conatruct, enlarge, repair, aove, convert or alter any sximming pool vithout first submitting snd obtaining approval end appropciate PermiCn from the City. No building permlta ahall be iseued unless prior approval trom the CiLy han been granted 1n writing. 2. Pluebing, Electrical and Nechanioal. All plumDing, electrical and mechanical installatione and equipment ahall meet Lhe requirementa of the Fridley City Ccde. g, Special Uae Pera1L AsQuirod. InflataDle swimming Daol enclosure� aha]1 repuire a�pecial uae permit prior to their installation aa outlined in Chapter 205 of the City Code. t{, LOC8L10[I. All awi�ing pools muat be located a sinimus of ten (10) feet horizontal distance from any overhead elecirical vires. 5. Fencing. Fencing or other effective means including, but not limited to, wall� or buildings, acceptable to the City, aAall be yrovided to positively control acceas to public and yrivate re�ldential avie�ing pools. Fencing shall meet the folloving criteria: A. The fencing sAall prevent the entrance ot children and be vithout hand or foot holds that xould enaDle a peraon to climb over it. H. The fencing nhall be at leaat aix (6) teet high and entrancea aha�l De eQuipped vitA aelf-cloaing and xlf-latching gate� capable of Deing locked. C. Self-closing ar aelf-latching devices ahall De placcd at the Lop ot LAe gate or othe�v iae iaacceaaible to sall children. D. The opening Det�een Lhe bottom of the fence and t6e ground or other �urface shall be not oore Lban four (4) inche�. � 115-02 61 Geaeral AeQuireoente � 6. EQuipment Standarda. Ali new equipment purchased or inatalled on any �xioming yool ahall Comply vith the folloring applicable atandards oi the Natioaal Saaltatlon Foundatlon: A. Stsndard No: 9- Diatoeite Sypt Filtera for Sviemin6 Pool Equipment, OctoDer, 1966. B. Standard No. 10 - Sand Sype Filtera for Svimming Pool Equipment, October, 1g66. C. Standard No. ii - Recesaed Automatic Surface Skimmera, OctoDer, 1965. D. Standard No. 17 - Centrifugal Pumps for Swimming Pools, January, 7966. E. Standard No. 19 - Adjuatable Output Aate Chemlcal FeedSng Equlpment for Swimming Pool�, October, 1966. F. Standard No. 22 - Swiaing Pool Yater Treatment Chemical� and/or Processes, Hay, 1968. G. Standard No. 27 - Nultiport Valves for Swi�ing Pool�, May, 1g69. � H. Standard No. 28 - Cartridge Type Filters for Swimming Poola, FeDruary, i9�1, I. Standard No. 38 - 2est Kita for Suicoming Pool�, NovemDer, 1970. EQuipment not covered by the aDove National Sanitation Foundation Standarde shall not be in�talled or uned Defore it ha� Deen approved by the City. 7. In�pection. The CiCy ahall be permitted access to all avimming pools for purpoaes of inspection of the pool and equipment at rea�onable timea and as often as deemed necesaary to ensure compliance with Lhia Chapter. Accese to private poola ahall De with the homeowner�a permission or due process of lax. 8. Interferenc�, Ne person ahall interfere with or hinder the City in the performance ot ita dutie� under the provisions of thia Chapter or the laws of tbe Stste of !linnesota. iig�z. e 115-03 i.D3.56•4 t15.03. AEQUIRD�MT3 FOA Y08LIC POQ.B i. Lic�os� Aequirtd. No person shall °"ol located�xithin the Cit� ualeaa a license Lderefon �e public aviaminB Po Deen obtained from the City pursuant to thia Chapter. 2. ApDlication. The appllcation for a a�rimming pool license sha11 be on forma furnished Oy the City and shall include such information as tde Clty ahall require. Such apDlication for tAe Saeuance of such licenae, aaintenance, termination and adminiatration shall be in ac eneral reqairements forblieen ing�an condition� of thia Code relative to g application for aellcenaetrhicdtfallsatoefullyecomP1Y vithntheac requlrementn. 3. Fees aad Exesptiona. The annual license fee and eYpiration date shall be provided in Chspter 71 of thin Code. Persons oxniag, oPerating or maintsinia6'on ge�lor governmental subdiviaions, churcht�, conventa, rectorlt�, P religious community centers ahall be reQuired to obtain a licen�e but without Dayment of a license fee. 4. Ae�ocation. provided inuChapterylleofkthiayCodeeorstor'a� riolation of anyCDrovision of thla Chapter. 5, State liealth DeDart�ent Regul�tioas Adopt�d. Aegulations of the Minnesota Health Departaent (lgiD), 115 of the Mi�nesota State Board of Health. relating to •public a�imming poola" including all part of nthemF idley City Code,YSUDje t�to the bfollowingcadditiondand deletions: �, l41D 115 (q) ahall be amended Dy the addition of "Section 6, A life line vith aufficient floata ahall be provlded at the break in gradc Detxeen the �hallov and deep portioaa of the awimming pool"• B. Yhe folloving portioa+ of the Minnesota Regulations, l4iD 115, 1971, relating to pub2ic svimming poola are deleted from thia Chapter and �hall have no effect in the City of Fridley. (1) All of SecLion (D). Page 3• (2) �11 of Section (d), (3). p=8� �• (3) All of Section (i), (2), (s8). p�de 6 (4) �11 of Section (�)� P+B� 17• 15-oa � AeQuirexnta For Publio Fools . ,.. ... 115.Oa. REQOIRF��JITS FOR YAIY�TE POOLS 1, lmericaa �+blio Health �asa. Su68eated Regul�tione �dopttd. The sugge�ted Regulations for the Design and Conatruction of Private Aesidential SWimming Pools, t910, Drepared by Lhe American Public Health effectain�CherCity ofYFridleydaa�lfeaeteout here inlfull,�aub�ecirto the following deletion�: A. All of Sectien 7•2-t, ?aBe 6 B. All of Section 6.2, PaBe 9 C. All of Section 7.7, Page 9 D. All of Section 14.1, PaBe 18 E. All of Section i7.tr PaBe �9 F. All of Section 19•Z, p$Be 20 2. Decking Aequiresents. A deck at least 3 feet xide, measured from the pool water's edge, shall be provided which extends completely around all private residential pools. Above ground private residential pools may be provided with decking of a minimum size of 4 feet Dy �1 feet at pool entry point� and provided Lhat such decking has the approval of Lhe City. The deck shall be aloped away from the pool to drain at a grade of 1/�1 to 3�8 inch per lineal foot and �hall have a nonslip auriace. g. Additional Inlet aod Outlet Requiresents. All p�ivate residential Dools xith a depth greater than �even (7) feet at any polnt ahall De provided xith sn outlet at Che deepest point to Permit the pool to be completely and easily emDtied. Openings ahall be covered by a proper grating xhich is �ecurely faatened and xhich can not be readily remo�ed by bathers. Outlet openinga of the floor of the pool nhall De at leant four times the area of diacharge pipe or ahall provide nufficient area so the maximum velocity of the xater passing through the grate openings shall not exceed one and onc-half feet yer aecond. ihe maxlmum width of grate oDening� ahall be one-half inch. An antivortex tyDe of drain may be uaed in lieu of grating�. Any pool newly constructed after Nay 1, 1976 vhich has a deptd of lesa Lhan �even (7) feet and which doea not have an outlet to per�it the pool to be easily and completely emptied ahall be provided with a means of draining Lhe pool such a� p�Ding, drain opening or other meana acceptaDle to the City. 115.05. pBMA�.?� �., Any violatlon of this Chapter Sa a■lsdemeanor and is sub�ect to all penaltiea yrovided tor auch violationa under the provisions of Chapter 901 of thls Code. VY 115.05 Aequiro�ents For Private Poola Penaltiea 115-05 65 r�rn �: Jn� �an�sal, ps.rivan� v�nn�.2oR r� �or�: r�n c�sa�, x.rauanac t.ssL.,�►rrr r�an �: � 2. �e6 r� szm.Tncr: cuiss� r+rro sa�r x�csra.n�c , Due to reoent develognent in both the Qubside Recycling progtam and the SORT Centez progcam� I feel it is appcoptiate to gain Planning Commission concurrance with the falla+ing staff pco�sal.s: �Llr� �Y&� ; ^9. Proaram On Jime 12, 1986, Bernie Beezmann, the mntractor foz the Clirbside pro9raQn, phoned the Gity and informed staff that he was requestin9 additional funding in the sum of 1,500.00/month fran 833.33/month which was previously received each month. Beermann also stated that if the City was ia�able to raise his monthly payment, the City could rebid for a new oontcactor. Beermann suggested two companies that had pceviously shaan interest in the program: Minneapolis Education and Rec.yclin9 Centez (MERC} and Super Cyc1e/Watkins (WASP). I discussed increasing Beern�ann's f�mding with Dave Newman, and he stated that the City did not have the authority to raise the monthly payment to a contractoz without advectising for bicts. T have discussed this it�an with the D�C manbets and they agree that the contract should be rebid. At this time, staff is re�uesting that the Planning Carvnission recommend that staff prepare and advertise for bias for the Curbside Recycling Program. �is motion will be passed on to the City Council on 7/21j86 for theiz reviaJ. I have attached a letter fran Beermann stating his request, a letter frun Super Cy cle stating their interest in bidding for Fridley's Curbside program and a lettec from A�:RC statin9 their intezest in the Qu6side progran as well. S.O.R T. Drq�o ayy,�lina CPnter In May 1986, Earl Frank, 000rdinator for the SORT Glenter, indicated to the City that in orber to maintain the oenter's operations, he must reoeive at least $20�/month oc 52,500/year in suhsidy tt� keep the SORT oenter in operation. On J�e 30, 1986, Frank sutrnitted an additional re3uest to the City for $?50/month or $3,000/yeaz. I have attached Earl Frank's letter of request. On A1ay 30, 1986, staff inet with Bcuce Blunenthal of Universal Can, Inc. , East Rivez Rd. Ffr. Blumenthal nas generated a lettet of intent to the City to o�,erate nis business at tne SORT location. Bl�anenthal's letter is attached. He also expresseo interest in operating a canposting site near the StaFtT location. I disaissed the developnents of the SORT dentec with Dave Newman. He and I came to the oonclusion that a bidding process would not be the best procedure to follow in this situation. Instead, we are proposing to release a ra3uest for proposal (RFP) in order to allow o�ntractors to desic� the best program to meet the needs of Fridley residents. Zhecefore staff is ra3uesting that the Planning Comonissian reoommena that �*>rf prepare a reguest for proposal to hire a new contractoz foz t]�e SORT Centez. Zhis itgn will also ba Fassed to the City Oo�cil on 7/21/86. The EQC, at their June 17, 1986 meeting, recommended that staff continue to investigate the possibilities of seeking potential personnel to operate and maintain the ,Ott�' Oenter. 3/5/25/16 .. a�sssme✓sarr ewcEr _��–..-' _ I �� '�Y.Ci%�.TIQ� I ��. I r'�Fi'��. I ��. I iza�ca¢ct—'•".' z zs t I�,�� ty I 513,149.00 i . I' 533,149.00 I i51.25/fii 6/85-6/86 I -� _ 4 � FietrcF,olitan Cbtncil I S 5,308.00 I I$18,457.00 I I S.50/t$1 Aecv.1/86 for 851 � _�.__.....----- � � _..___ -- ---• - i i I�t:so�.olitan O��cil I & 1.200.OQ l I 519,657.00 i I S4/Zbn Ret,ate Pro9ram I(this aant. varies)i � I { c�tside I � � city oi1 I � � � I(armual retate) I 1 I�____ I ------- � � � $20,407.00 I � kostE Gil Reimbuzsen�t I $ 750•00 I I I � �(this emt. varies) I � ---------- -- ----- i ��i� �,�u,9 � � $io,000.00 I Slo,ao7.00 i I ► � a�� ia��s � j $ 800.00 I$ 9,607.00 I I printing I i S 1,100.00 _ I $ 8,507.00 I —�� - -- -- ____.__-_�:::.1 ��5 � $20,407.00 I 511,900.00 I$ 8,507.00 � L5L'��T.CCi��L� �I C � � �� -N.,. ro S�rw rou.. Beermann �NT'ERPaIs ES 6900 Dixie Ave E., Inver Grove Heights, Mn. 55075 Phone (612) 455- 690� , io rho� !t �a� coneera. June 23; 1986 ve, Deereann Enterpzi�es reque�c the uount of 1500.00 Doll�r� to fulfill tre Pridley Curbside Ree�cliog Contract undeT the same provislons �s Defote, With tes�rd� ��,�� —No Job Too large or Too SmaU — ati.+o r�� Hr�o �..a Snc�i�69 r� ��1�t�,t;�� 67 June 2b, 299G So: ?tvra Gibson Plannino 1►ssistant City oi Fridley Fron: Su-�er tycle, Subsidiary of watkins 1lircraft Support Pzoducts. Re: Collection of Recyclinq material from residential houaing distriets of Fzidley. Suner Cycle vould like to infom you of ou: interes: in providinq collection services to your municioal recycling proqram. Ouz company uses apecinlized recyclinc collection equipnent of our am design and manufacture. This equipnent e�d our colleetion service is currentiv utilized by Plymouth, St. Louis Yark, and Minneaxlis. we t�ank you for consideration of Super Cycle as a recyclinq service provider anC we would appzeciate heariaq fron you eoncerning procedures snd paperwork necessary pursuant to su5mission of a bid. k^ . �. • � .�� :� E��l�a�� , R'� ;��%l�L��!� :"► r �� :�.!�V�L�Ju �9�6 founh Arvnuc South Minrx�po��s. Mmncsola 55�08 623-41b0 qecyd�ng Cenler g23•9157 Scnoa� Jnne 26. 1985 Myra Gihson City af Fridley Planning Dear ?SS. Gi6son� 1 Q �O, 69 J� �'4 �y.� COMr-:t,�ntlTY The parpose of thi� letter 1s to inform you of our intentiona vi�s soui� the collection of secyclable �a[eriala in the City of Fridley. Y Y know our recycling center con[racts vith Kianeapolis Public Norks for recyclable collection, 7'he am°k t cap�ityiby about1207.t iWeMbellevelis falls short of our eziating p p that by aeeking out additional coneract(s) to fill our current capacity ue will be able to iacrease the efficieacy of our operation aad the service we provide �ill be enhanced, Therefore� ve �re quite intereeted in im�estigating the poseibility of contracting �ith the City of Fridley. In order to make a decieion regardiog recycling in Fridley we need informatian about the current and recen[ stetus of your recycling program. IIseful information wuld be route and tonaage informatio�. data on the nimmber of houaeholda to be aervpieaseekeepeus infoec�ednasucotthe�atatus ofd and paet participatioa rates. P your City Council'i iq[entione regarding recycling in Fridley. We are very incereated in pursuing [h1s possibility further, Thank you, �Director Recyeling Center 2916 4[h Ave, So. t4pls„ Mn 55408 A n.•r:-;rNit c�.utl� �np]�•��r,ri:t .i:�d adu;c�tir.i ��rnT�.4T cn_spnnsotrd D�•: lr!I Cf'Ji:r. ipi; [Or':'�U';IT1' nCTIQt� 8 to�:lr.� n�colf.E1-AFi��I i H[r� rc•�,��:11v [ENTERS, 1��C. �,/.�� / � � ! j'11., �-� '� v, �� J ��i� "'�,� , �. „ �� ,� � ��,� ��'u �^�� "� " �,�Uc).`=" �v�c��z,�.�� -�-��.�� « _,�_�' ; J' , , C'z t/ %i'et�C�� 1�j� j C1 c�r t� � w� � � `'� �% - � c��:�� , � ('f �.�- `�'" i � �,�,_�.�.,� ,�..aw�C:- �1 C�% � '� � w . . u..��.. Ci.e.ct�,fy c:G . n,% / ,,.i` .-N-e.-�?-!L i 7 / ' �✓_�x .:1.`.� �Gi�!' "LtG .N�i �.ti�. �� --L�>" :L'� � y l.`, ,�-�v�� 7,�,�'r�-l', l�.,y ,,u� �I�� r // LY I �4Ce%i✓ � .:�� y�. �.c /i ` ( :�(m_ �.< G i v L li �/ . j LKXi '� �-y�Lb.�— �L � %.�-... / ��Z/ <t � 9 yt� ./-��t-��,^� �ww,,.�. ,r�"/�-� . ( % � ��' ; _ " 1.'l� � " -" ' �Lvr✓u ^ / � � � '� /- ) �\"�'f� � ��K � �, ,/ � �G : �Lu�+t-/ 7 �,.GL ,� a.,.i... /�"�t�� `'�� _ Z2lC Z }. l t c1 �(a �,..Z.E�- � �j- / J � .Ct 7.� �� /' ) n ��t�� v . ` � ' - " �,%�� !� � ,S C�, `-r' . y�.,�'��w� j � �� /'. 6�1.1` <( S � ¢ ` �f� /�r>�� ._ v/% � y ��,�1�✓ cL �'� � � �;��,� l'/�Cy �f�Z � � Y� �,� L,i� ' A^' `� � �' � �l.L{i�� _ _ /.� , "� j2�-�-._ � I J GLN�'-�'.� �a..,._� ��1��t. '1�.�. ��'i':,,�.CtL�,. C L�- `��i �' � // � �,�h�r...i tch.vr.l'�✓W.y , �✓ � / �[l� - . �.,C?GC� G �. .t-r „ � C� _ °� �� ' GTy�O �� U � � % ' / �� / LY1.ru.�J-f ��'�6%�%� � �i �t 2.< j�'� < � -r,(/�` �' L Vl. � ^ �` �L�Cy�z'i��l�-�..�ya'-�{r'� i ! V . iF. � Ll � � J .�{- � � � —�— uc �r-h.C_ cru ��t�-�_ �,"'�-C_'. ,�Zl��R._ .i,�L �i.�, . Z ( �,,� {� ��> �� n�'�' . ...��.� �� <_S f> l�' Z ; ,g L �^'��' G�GrC� ,'�"2'�ti: i��"�� i 1:. �-�;�.�a �..e i . !z�"'n�--� � / ��\�/ �..� �` �2�-✓I"� �' Z � � r ��{ L d uy y� ��c C�l/1�. J �� y � �- � �� r ��r lJ' _,,: 5609 Inte�u+ationaL Partkuay i� G *�.. N�, }top¢,, Ilinntao.ta 55426 , F1�- i Phvne: (612) 535-0918 June 11, 1986 Nr. �ames Robinson Fridley City Hall 6341 University Avenue N.E. Frid}ey, Mfi 55432 %1 Dear Mr. Robinson, Universal Lan has operated a recycling redemption center in Fridley for about six years. At the present time Ne are faced with the likelyhood or havin9 to leave that location. we have been unable to come up with a workable location in Fridley, and this is very disappoint�ng. Our operation has, �e believe, been very rewarding. Obviously it has been financially rewarding for us or we would not nave been able to remain till now. 7tie weight of material recycled, and paid for, rrould indicate it has also been very good for the conmunity. I estimate that r+ell over two million pounds of aluminum, and bi-metal {steel) pop and 'oeer cans, glass and plastic (P.E•T.) bottles and other misc- ellaneous material have been diverted from local landfills during the time we've been in operation in Fridley. In addition, the public has received in excess of a3�0,000.00 for their efforts. Obviously, it is our feeling that it would be beneficial to remain in fridley. It has come to our attention that tfie current "S.O.R.T." location niight be available. We would like to be on record as naving a strong interest in the potential use of that sigiit. Following are ideas Ne present for your tonsideration, along Nith a brief des- cription of "who and what" we are. U-Can opened in April, 19II0 as a for-profit recycling operatio�. ile have four permanent operations in the slate: South t4i�ueapulis, filuowin9tun, fr•iJley and arainerJ. We also serve Cannon Fa11s and Narthfield Nith a mobile unit. In addition to the aforementioned recycling, our Bloomington operation is one oi Cwodwill Ind�stries most successful drop- off sights. During our six years in business we have recycled in excess of 10,000,000 pounds of material. We have worked closely with 1oca1 governmental bodies, recycling organizations, civic and charitaDle groups (see enclosure). We were one of the founding members of Recycling Association of Minnesota. I served on the Minneapolis Recycling Task Force, Which planned and instituted the city's "curbside program". !t is important to note that our association with the various organization was done out of a feeling of obligation to retur� somethi�g to the cormwnity. We did not expect, nor have we realiz- ed, any contracts from our work r+ith the City of ltinneapolis, or other governmental ag- encies. U-Can was asked to go to Ca�non fails by the local folks, who knew of our reputation, and wanted a recycling pro9ram. Currently we visit there, and Northfield, every Satur- day from April lst through October. �ur pernwnent sights operate year-round, Tuesday through Saturday, 9:00 a.m. to 4:00 p.m. The operations employ 4-5 people full-time, � ^ e�,� � �-�'' N�, Hope, ►li�nt.80.tu SSIYZ phone� (612► 535-092d 72 � v and 5-8 people part-time. On the enclosed list are the nan�es of our current landlords, and Some others, Mith whom we have dealt extensively. 11e welcome you checking with them. 14y brother Al1en and I are also part of a different family business. That com- pany, Harry Blumerrthal 5-Sons, Inc.. has served the non-ferrous casting industry for over 55 years. Ne both have served on a nun�er of professional and civic conmittees. Hopefully this gives you an idea of aho we are, and what U-Can is. Followin9 are some thoughts we have about the current "S.O.R.T." location. First, and foremost, these ideas asswti�e acceptability af the concept by Fridley, fin- ancial feasabiiity for ll-Lan, and the feasability of the "pfiysical layout". The latter item appears to be a potential problem. Our inspection leads us to believe that the current space is not adequate to provide the proper level of full-line recycling, keep- ing in mind that U-Can rriil serve 50-75 vehicles on a"typical" suunier day. would beU7uesdayathroughd5aturdayCe9t00 atmthto„4:OORpTm, �ocation. Operating hours would use1don�eyorssand�blowerseto seperateucans�randrblow�themsinto trailerst We U-Can would make arrangements with the charitable organization currently operating the sight (Lions Club?) to have them supply part-time help, and to "nroniter" the proposed composting sight. U-Can would pay for: Aluminum beverage cans. Di-metal (steel) pop and beer cans. P.E.T. (plastic) pop bottles. Ifousehold aluminum and copper scrap. U-Can would accept but not pay for: Glass bottles and jars. Newspaper * * We would prefer to n�ake arrangements with one, or more, charitable groups to liave this sight used for them. In other words, We Hould help collect the material, but they would be responsible for storage containers, transportation, and sale. We have no problem retaining the "S.O.R.T." identification as part of this location. We belie�e that sorne type of signage is probably necessary on University Avenue. Some type of bathroom/toilet facility would need to be available for our staff. We are not aware or the availability of sewer and water, obviously this could be a major fina�lcial co�sideration. F—j ��,/� �6UY 11LiQMG.t.CUnac �un�:,aa•� � 73 ; � Net+r Hope, u�ceo.r� ss<2a ` � i � Phone� (612j 535-092d : `�� . �.�.<< . ��r. � _ �. � Our concept regarding the lease terms would be son�ething like: A five yea� lease at no rent. All utility operating costs to be paid by U-Can. At the end of five years title to the bui]ding would be passed to the City of Fridtey for "51.00", and a new lease Nould be written. .The new lease woutd be for building and land at a"nominal rate" ( A few hundred dollars per month}. Iielieve tliis covers all the basics. Again, emphasize that tliis is a concept, and is not "written in granite". Wc wcicome the opportunity for further discussion, and look forward to working with tlie folks in Fridley. A final note, we are "under the gun" as far as timing. Nili probably have to be out of our current location by September l, 19t36. Si ncer•ely, �� pruce (3lumenthal President CITY OF FRIDLEY HOUSING & REDEVELOP�4ENT AUTHORITY MEETING, JUNE 12, 1986 CALL TO ORDER: Chairperson Cormers called the June 12, 1986, Housing & Redevelopment Authority meeting to order at 7:15 p.m. RDLL CALL: Menbers Present: Larry Comners, Virginia Schnabel, John Pleyer, Duane Prairie Menbers Absent: IJalter Rasmusse� Others Present: P1ayor Nee Councilman Goodspeed Councilman Qarnette Councilman Fitzpatrick Councilman Schneider Nasim Qureshi, IIRA Director Jock Ro6ertson,Cartnunity Develo�ent Director John flora, Public Works Director Rick Pribyl, City Finance Director Julie 4urt, Asst. Finance Officer Dave Newman, HRA Attorney June Lundgren, 1140 Minnesota Building, St. Paul Cherry Lundgren, 1140 t4innesota Buiidinq, St. Paul Robert Levy (Rice Plaza}, 100 S. 5th St. Mark Haggerty, Hiller Y� Schroeder Jim 1Jinl:els, 5780 Lincoln Drive Bob Deike, 5248 Ewing Ave. S, Dave Weir, 10201 Wayzata Boulevard Linda Fisher, Legal Counsel for Woodbridge Properties (See attached list) APPROVAL OF ItAY 8, 19$6, HOUSIWG & REDEVELOPI1ENT AUTHORITY P1I�JUTES: MOTZON BY 1fS. SCHNABF.L� SF.CO.NDED BY MR, CQFSFiF.RS, TQ APPROVE THF. MAY 8, 1986, NOUSItiG AND REDEVELOPMENT AUTHORZTY MINUTES AS WR£TTEN, UPON A VOICE VOTE, ALL VOTING AYE� CHAZRPERSON COf•1MERS DECLARF.D THF, MOTIOC7 CARRIED UNANIMOUSLY. Mr. Commers took this opportunity to introduce John �teyer to the other Cormission members and welcome him as a new member of the Housing R Redevelop- ment Authority. H�USING & REDEVELOP�1ENT AUTNORITY �1EEFING JU"aE 12 148b PA6F 2 1. UPDATE ON DEVELOPMENT AGREEHENT WITH LOII LUNDGREN: _ Mr, Qureshi stated he would outline some of the changes that were different from the Agreement originally entered into with Ptr. Lundgren that was now null and void. In the old Agreement, it was provided that the HRA would build an underground parking structure and lease it to the development. The mortgage company had problems with that so the Agreement has been restructured to say that there will be land acquired for the development of the multiple housing and whatever the HRA's cost is for acquisition of the property will be placed as a second mortgage on the proposed development. Mr. Qureshi stated that because of some shift in the timetable, they have adjusted some dates. It provided that t1r. Lundgren has to provide a new letter of credit by July 1, 1986; and if he cannot get financing by August l, i986,(if the HRA approves this agreement), the agreement will become null and void at that time. !1r. Qureshi stated there were some other items in the Agreement like the mini- mum improvements prOVided have to be at 8'z million, and then on Sheet 1-A they had some assessment agreement. He stated that in checking with Anoka Couniy, they were surprised to learn that Anoka County carried a very �ow value for apartment houses, so it was 5taff's recor,mendation that the assessed value be $7 million instead of $82 million and they would proportionately reduce the other values aecordingly. t1r. Qureshi stated all the documents the HRA ha�l with the ad,iustment have heen agreed upon and signedby the developer. He stated representatives for Lundgren were in the audience, and they have c��pies of the signed documents. Mr. Corn�ers asked what the situation was with regard to the parkinq ramn itself. Mr. Qureshi stated the developer will build the parking ramp. The only thing the HRA is providinq is ]and acquisition which will becane a second mortgaqe on the property. Mr, Newman stated the most siqnificant change, as pointed out by Fir. Qureshi, was tfiat the HRA was not doing the leasing arrangement. They are doing a direct sa7e. The HRA is providing assistance up to $500,000. What they are doing is providing a Zoan to the developer in the amount equal to the cost of acquiring the parcel in an aroount not to exceed 3500,000. The developer o-iill then pay that amount back to the kRA over a period of 15 years. Ms. Cherry Lundgren stated they have submitted the documents to the City for review. She stated there were some changes in amenities within the units. �he units have been upgraded to meet the needs of the competitive market, but they feel it is tF�e same product, if not an ineproved prod�ct. Ms. Schnabel asked when the apartment building would be constructed. HOUSING & REDEVELOPPIEWT AUTHORITY MEETING JUNE 12 1986 PAGE 3 Ms. Lundgren stated that as soon as the property was able to be conveyed, because of the very tight timetable up front, they will be ready to start construction on the day they close on the property. Ms. Schnabel asked if it was the developer's intention to comnlete the project as originally proposed after the construction of the first building. Ms. Lundgren stated that was their intention. They feel the elderly project will probably be more attractive with the current financial situation as far as market rate bonds. MO:^ION BY .MS. SCHNABEL� SF.CONDED BY MR, MEYER, TO APPROVE RESOLUTION N0. FiRA 7 -I986, A RESOLUTION APPROVZNG AND AUTHORIZING TNE EXECUTION OF A COPJTRACT FOR PRIVATE DEVEIAPMENT P17TH THF. FRIDLF,Y PLAZR RSSOCIATES LIA1I'^ED PARTNERSHZP. Mr, Ron Schoneman, Ron's Barber Shop, 246 Hississippi St., asked how much longer were the tenants going to be left hanginq, or was something qoinn to be done finally? It was his understanding that June 12th was the end, and there would be no more extensions. Mr, Cortmers stated there were no more extensions with respect to the sinninq of the contract. This meeting was the deadline for the signing of the contract. If the developer does not meet the deadlines of July 1 and August 1, the project will not go forward. If the deadlines are met, the project will move forward. He stated that it looked like the completion of the apar'ment building was Feb. 1988, and it was contemplated in the developer's plans that the front part of Rice Plaza was not requ�red at this time. P1r. Qureshi stated the project being discussed at this time was essentially on open land, Once P1r, Lundgren proposes development in addition to the apartnent buildin�,tfiere will be subsequent action by the HRA. At this time, the proposed development vrould not disturb the tenants in Rice Plaza. Ms. Schnabel stated she appreciated Mr. Schoneman's concern and the tenan*_s' concerns. She felt the HRA has finally draw the line as far as a timetable, and she felt it behooved Lou Lundgren to meet this particular timetable. UPON A VOICE VOTE� ALL VOTIl1G AYE� CXAIRPF,RSON COM7fERS DECLARED THE MOTION CRRRIED UNANIMOUSLY, 2. RECEIVING COFIMUNICATIO�� FROti ��IR. FRED LEVY (��AY 19, 1986): Mr. Newman stated he had indicated to the HRA at their last meetinq that Mr. Levy wou�d iike to have a representative at the June 12th meeting tn express his concerns. He stated P1r, Levy's son, Bob Levy, a�as at the meeting, Mr, Newman stated tdr. Levy had forwarded to him copies of his leases. Mr. Levy had asked that these not be part of public record. Mr, t�ewman stated he has reviewed the leases. It was his understanding that the County, as a result HOUSING & REQEVELOP�9ENT AUTHORITY MEETING, JUP�E 12 1986 PAGE 4 of the Hay 8th HRA meeting, also was in the process of getting an appraisal for the whole property including the Holly Shopping Center. They had hoped to have a rough number available for this meeting, but apparently the County has not yet furnished that information. Mr, Bob Levy stated he was the attorney for Rice Plaza, as well as some of the partners. The problem they have was a very simple one and that was that the original development, after it was put in the tax increment district, was before the HRA more than five years ago. Since then, there have been 3-4 prospective developers. It seemed that each time a different developer cor�es forth, the dust is stirred up, there are public hearings, the process goes forward, but the existing property owners and tenants suffer the conse- quences. For one reason or another, the developments have not gone through, but the property owners suffer difficulty in keep.�ng the property leased. Existing tenants do not know how to deal with their long range plans. The developer goes away, but the owners have spent a lot of time and energy trying to soothe the nerves of the tenants; and no sooner do they think the issue has died, then the HRA finds a new developer and the process starts all over again. Mr. Levy stated it was a circumstance such as this that precipitated the acquisition of the hardware store site. At that time, about five years ago, they had entered into a verbal understanding to lease that property to a hardware store that would have taken the place of the Our Own Hardware store. He stated they try to be fair in their dealings with their tenants. They have been a member of the Fridley business coemunity since 1968. They are not going to lease property without telling the prospective tenant that somP- thing is pending. Tfiey want to be fair to prospective tenants; yet, they do not know what to tell them, so they refer them to the City and HRA staff to hear the story, Of course, as soon as that happens, the prospective tenant refuses to sign the lease because there are other opportunities where they can lease space without having to be faced with a"cloud of condemnation". Mr. Levy stated they now have the situation a9ain where they have a vacancy in the shopping center. They have one tenant that has expressed a desire to expand if space was available. That space has become available. They suggested that the tenant talk directly to Staff about development plans; and after talking to Staff, the tenant withdrew any intention of leasing the adjoining space. They have another prospective new tenant; and they will be referring that tenant to the City Staff. They are very nervous that this tenant will walk away also once they hear about the latest deve]opment plans. Mr. Levy stated they have one tenant in the shoppi�rg center right now who is in poor health, una6le to be in the store on a regu�ar basis. He put the operation up for sale last fall, had a buyer; but again, not wantinq to he guilty of misrepresentation,sent the buyer over to City Nall to find out the status of the prop�rty, and the buyer backed out of the deal. HOUSING & REDEVELOPMENT AUTH�RITY MEETING JUNE 12 1986 PAGE 5 P1r. Levy stated he felt part of the responsibility for these circumstances fell upon the HRA. At the same time, they are trying to 6e cooperative with the City and HRA, They recognize the HRA serves a public good and a public motive here, and that is to maximize the utilization of that property, Mr, Levy stated the Rice Plaza partnership would like the HRA to do one of t�o thinqs: (1) either pull the property out of the tax increment district and leave tfiem alone and the tenants alone; or, (2) take the property. Mr, Levy stated the motives here are public motives, not private motives for the existing property; yet the HRA has asked the property owners to take the risk and the financi�l burden attendant to the HRA's proposed development plans--the difficulty in leasing and continuing to renew leasing for existina tenants. This was not Rice Plaza's responsibility, it was the HRA's responsi- bility. If the HRA has these goals and objectives and motives, that was fine; but then the risks attendant to that are on the HRA's shoulders, not on the existing property owner, Mr. Levy stated the HRA had a unique opportunity at this time. The County was going to be taking frontage to expand Nississippi St. One circumstance that Rice Plaxa as the property owner could not tolerate was to have their property cut up into little pieces. In the condemnation game, the sum nf the parts does not necessarily equal the value of the whole. The value of the property was greater taken as a whole. He stated the County has recog- nized this; they recognize they are going to be facing a problem in hoY� to deal with the severance issue by taking part of the property for county right- of-way. At the same time, they recognize the HRA will be needina to take the rest of the property in the relatively near future and decided it was silly to be addressing the issue separate from the HRA so they have decided to have their appraiser conduct an appraisal of the entire parcel. Mr, Levy stated they were at the point now whether 41r. Lundgren meets his timetable or not, Rice Plaza intends to resolve the issue. They hope to do this on a friendly basis with friendly negotiations; but, if necessary, on an adversary basis. Mr. Cormers stated that as he understood it, there were some preliminary steps being taken to obtain some values and appraisals on the property and to assess the possibility of acquiring the Rice Plaza property. Mr, Levy stated one of his concerns was that obviously the existinq project at this time dealt only with the vacant parcel of land. That did not make their problem go away. They will have the problem of how do they lease uo the existing space, do they make improvements to the property, do the tenants make improvements, can they make plans for expansion, etc.? So, they are looking at the entire parcel, not just the vacant land in back and not just the land in front that the County is looking at, They are looking at posi- tive indication from the HRA that they are going to take the ne�essary steps to acquire the entire parcel. H�USING & REDEVELOPMENT AUTHORITY MEETING JUNE 12 19$6 PA6E 6 Mr. Qureshi stated that as information becomes availabie as far as vaiue on the property, they wil7 make that information available to ihe HRA. At that time, the HRA can make the determination whether or not it is prudent to acquire the property. Mr. Commers stated the HRA did appreciate Mr. Levy's position and they under- stood that position. The HRA would like to have a completed project as soon as they can, too. They have not been very pleased with the circumstances that have occurred over the last few years; but, hopefully, they wiiT get something that wi71 enable them to all go forward. He thanked Mr. Levy for coming to the meeting. 3. UP�ATE OIJ WOODBRIDGE PROPERTIES' LAKE POINTE CORPORATE CEP7TER DEVELOPMEPJT: Mr, Qureshi stated City Staff had provided the HRA with some information on the Lake Pointe Corporate Center development at their last meeting. Since the HRA entered into an agreement with Woodbridge Properties in Dec. 1985, there were some timelines required, some commitments required by the HRA, and action required by the City Council. As far as the City Council and HRA are concerned, they have taken all the actions necessary to fulfilT their part of the timetable commitment on the Agreement they entered into with Woodbridge. Mr, Qureshi stated Staff had also advised the HRA that one item that was providing some concern was the requirement by the PCA for an Indirect Source Permit (ISP) which the develaper is required to provide when the development has more than 2,000 automobiles. Because this development has more than 2,000 automobiles, the developer made an application for an ISP. The ISP essentially controls the noise and air quality of the developMent and surrounding area affected by the development. The ISP, as originally submitted, necessitated certain improvements of the intersection at West hloore Lake Drive and Hiqhway 65 and provided that as a condition of the year 2000 that when the total development was in, the air quality level at this intersection would be 8.6. The required level acceptable by PCA standards is 9, 6ecause of the closeness of these two readings, there was some concern by the PCA of requiring tmprove- ment of Highway 65 itself. The City has all along contemnlated improving the cross streets; but because of the high air quality reading, it necessitated that Highway b5 also be improved, The City had also indicated that if that was a requirement, in all practicality, they could not get the Highway Dept. to fund the improvement in a timely manner to meet the desire of the deveToner for the improveme�t of the intersectian. Sinee then� Staff has met with the consuitants again to find out what other options are available other than improving the highway to reduce the air quality number, Mr. Qureshi stated the developer has a� optian on the house next to the property the HRA is in the process of acquiring on W. Moore Lake Dr. By removing the structure from this location,the reading dropped to 4,6 which was a sub- stantial decrease and provided a much more comfort level to the need for improveme�t of the highway. � � HOUSING & REDEVELOPMENT AUTHORITY MEETING, JUNE 12, 1986 PAGF 7__ Mr. Qureshi stated one of the other conditions proposed by the ISP was the monitoring of every phase of the development. That was of serious concern to the developer and the City because it could physically impair the develop- ment to proceed with the project if the readings are too close to the standards. Mr, Qureshi stated that the proposed permit has been on public record, has been published in the Minneapolis paper, and now is in the 30-day review period, If everything goes well, potentially that permit will be issued legally on July 15. Mr. Qureshi stated that because of the desire of the developer to have the West Moore Lake Drive/Highway 65 intersection improved quickly and the potential inability of the Highway Dept. to provide funding of the intersec- tion in a timely manner as desired by the developer, they have tried to evaluate available options to expedite the construction. One option was to provide funding other than from the Highway Dept. He stated a few days after the last HRA meeting, they had tried to evolve a shared agreement between the developer and the HRA to fund the cost of the Highway 65 improvement. The developer was quite insistent that the cost be totally funded by the HRA. Since then, they have had meetings and discussions and have proposed several agreements regarding the intersection improvement. (Pir. Prairie arrived at 8:20 p.m.) Mr. Qureshi stated that basically what the HRA had provided the developer in the Dec. 1985 agreement was that if the deve7oper completes the proposed development, land would be essentially paid back to him through the increment. The HRA would provide 52.1 million worth of public improvement on the land, the HRA would package the land between the 100 Twin property and Jerry Johnson property, and the HRA would provide improvements to the Highway 65/West Ploore Lake Drive intersection. Additionally, he was willing to recortmend that the HRA provide total improvement to the intersection at no �additional cost to the developer. Mr, Qureshi stated the HRA members had a copy of a drafted agreement written by Dave Newman which embodied all the items the Staff feels are responsive to what was additionally proposed by Woodbridge. It was entitled, "Addendum to the Contract for Private Redevelopment By and Between the HRA and Lake Pointe Investment Co., a Limited Partnership". Ms. Schnabel asked if there was an estimated dollar figure for the total project upon completion . Mr. Qureshi stated they have estimated the total value would be ove r$80 million if the project is completed as planned. Mr. Newman stated Sectian 3.6 of the agreement, Material Fr�astration, a�as due to the fact that on May 1, 1986, the ISP was not availal�le, and under the agreement, all governmental permits had to be in by P1ay 1. It was his USING & REDEVELOPMENT AUTHORITY MEETING, JUNE 12, 1986 PAGE 8 interpretation, as well as that of Jim 0'Meara's who was involved in the initial document, that by the HRA agreeing to pay for the cost of the intersection in order to obtain an ISP, that then addressed the problems Woodbridge_has raised and eliminate the reason for Material Frustration. The purpose of Material Frustration was to allow 90 days for parties to negotiate and address the problems. Mr. Newman stated the agreement presented to the HRA was a rough draft, and in discussions with City Staff and the developer, it was Staff's position that this was as far as the City could go in recommendations, at least for the charges as they presently understand them. He reviewed the proposed agreement with the HRA members and summarized the major items as follows: A. That the HRA would assume responsibility for paying the necessary costs associated with the highway and intersection improvements required by the Indirect Source Permit. B. That the Fridley City Council would grant final approval to the rezoning, special use permit, and plat applications within 45 days of Lake Pointe acquiring the Access Parcel. C. Lake Pointe would agree to purchase the access parcel for the previously agreed sum of $1,000,000.00, upon the issuance of the Indirect Source Permit. D. That within 45 days of the issuance of the Indirect Source Permit the HRA would award the Contracts for the Public Improvements and this work would then be completed within 11 months of the awarding of the Contracts. E. That the implementation of the Minimum Market Ualues for the Minimum Improvements would be delayed one year. F. That if in fact the improvements to Highway 65 are not substantially completed by December 31, 1987, then for each additional year that these improvements are delayed, Lake Pointe's cost of acquiring the Access Parcel would be reduced by $100,000.00 Additionally, if the improvements to Highway 65 are not completed by December 31, 1987, then the implementation of the Minimum Market Value for the Minimum Improvements would be delayed a second year. Mr. Commers stated there were significant changes in this draft, especially in the Assessments, that created a substantial additional risk to the HRA. Mr. Weir stated he would address some of the assumptions they had in November and December prior to signing the Agreement. This site was very alluring with a lot of potential. ihe area, however, was not an area that was established as a multi=tenant corporate headquarters rental-t.ype office location in a north suburban area. They felt and shared the same dreams as the City that it did have the potential. It �as not without substantial risks to undertake that, but the potential was there and it was an u�ustral opportunity. HOUSING & REDEUELOPMENT AUTHORITY MEETING, JUNE 12, 1986 PAGE 9 Mr. Weir stated the first assumption was that they would be in a position to sign an assessment agreement that would put the City in the position of being assured of having tax revenues as a result of Woodbridge being assured of being able to have a development. That ability of being able to have a development, obviously, was a function of a variety of different permits and the complexity of obtaining them was beyond their wildest imagination. He stated there has been a lot of frustration and hard work on both sides. Mr. Wier stated the PCA, even though it has issued a draft on the ISP, just the i5suance of the ISP itself did not facilitate Woodbridge to do all the things the City would like them to be committed to doing. 7fiey did not have the ISP 6y May 1, and that put them into a position of material frustration. As a result of being in that position, they have and face, if they are to proceed, substantial costs as a result of that delay. Mr. Wier stated the second assumption was that, based upon the risk in the marketplace in this particular area, they had always contemplated that the site improvements would be installed and completed during 198fi for a variety of reasons: a) to create an entirely different atmosphere for the site than it currently has b) at that time, they believed the reconfiguration of the inter- change would be under construction during 1987; c) construction would definitely impede the ability to rent the property. Mr. Weir stated they had always assumed they would have the park campus-like improvements this year and would have the ability to start a new facility this summer so that next spring when the interchange was under construction, they would have at least their selling environment with an image they could be merchandising to future tenants. HOUSItJG & REDEVELOPMENT AUTHORITY MEETING JUNE 12 1986 PAGE10 � Mr, Weir stated the result of this delay and as a result of the permit, they were in the position where now they, collectively all of them, cannot guarantee any realistic likelihood that improvements can be delivered to that point during 1986. Not anyone was really at fault; it was just that because of �ircamstances that have occurred referred to in the Material Frustration :ection, they are going to be unable to be in that position. That impose> one level of delay and additionaT costs. Mr. Weir stated that in its present format as the contracts have been proposed, there was substantial like7ihood there wil] be increased costs even if the contracts are awarded in the form they are today. Mr, Weir stated that the ISP as it is proposed talks about Phase 1 and Phase 2, Phase 1 refers to the initial building of an 120,000 sq. ft, office building and a restaurant. The ISP in its current form says they cannot comnence construction of anything other than the first building and the restaurant until the entire intersection and cross streets and Highway 65 have been totally canpleted. The City has some legitimate concerns that this improvement might be delayed 6eyond 1987. The Staff has worked incredi- bly hard to try to get the Highway Department's support, and maybe it can be done, but the potential undefinable costs of delay as a result of that can be enormous. M�, Linda Fisher, Legal Counsel for Woodbridge Properties, stated the ISP was out for review in draft form, �sed on their experience in the past and with the information presented in the permit which was also out for a 3D-day public comment period in the Environmental Assessment Worksheet, she would say the ISP was c7ose to 100% that it would be issued. To clarify what Mr. Weir had said, the way the draft permit reads right now, they cannot proceed beyond the first building and restaurant (Phase 1) until the inter- section is completed. It was possible they could conduct additionai traffic and air quality analyses of what conditions wouid be for a second or third building and submit that to the PCA for review; and if it shows the standards will be met, it was possible the PCA would agree that they could proceed with the undefined phases for buildinqs. She stated they have not conducted those analyses and they do not know what the analyses would show nor do they know what the PCA's reaction would be. The PCA has indicated a willin�ness to look at it. There was some concern about timing and some danger in a 30- day period of submitting new inforernfation and "upsetting the apple cart". It has been their experience that it is best to proceed with th e permit and get under construction a�d to ]ater possibly look at the question of modi- fication. Mr. Weir stated this was an awkward spot for all of them to be in. They all had a dream; it was very carefully structured with a lot of different assump- tions. The proposal to repay a portion of Woodbridge's costs was set up in a very unusual, but beneficial, way. to the City--that if, and only if, Woodbridge performs do they get a repayment, If there is no money there on a particular year, they Tose in perpetuity that riqht to ever be repaid, so the speed with which they can develop to generate "x" amount of tax do7lars and the priority which they have over those tax dol7ars as the increment do7lars was absolute7y critical to them in being able to deliver and be in a HOUSING & REDEUELOPMENT AUTHORITY MEETING JUNE 12 1986 PAGf 11 position to make the kind of carnnitment they bargained for in November and December. As a resu1t of things that none of them wanted to see, they are being faced with substantial costs as a result of this delay. Mr, Weir stated the Staff has done a terrific job with the guidelines they have had, The real issue at this meeting was whether the NRA interested in making an additional investment and certainly a sizea6le one to put them collectively in a position to be able to go forward to the level the City would like to see. Woodbridqe has no control over that at all, but they would like to see that happen, They also u�dersand it is really a value judgement that needs to be made. Mr. Comners stated that any additional funding would have to be taken from another project. Mr, Weir stated that was a value judgement, He would ask that the HRA look at the level of development. If they can make it as successful as they all think it can be, there is the potential for substantial increment in the future that can be a resource to repay the investment if the HRA feels it is a worthwhile investment. Mr. Qureshi stated that in his 22 years with the City, he has never put so much time and effort into a project as he has on this one. He has tried to evaluate as a staff representative to the HRA what he would be willinq to recomnend to the HRA. They have already negotiated that if Woodbridge performs, they get the land and all the utilities up to $2.1 million. They are also saying they will provide a certain level of intersection improvement as originally agreed, and because of the special problem of the ISP, he would recommend that the HRA provide additional money to the cost of whatever the Highway Dept, should have paid for the Highway 65/West Moore Lake Drive intersection. He stated he felt this project was one of the best thinqs as it is envisioned that could happen to Fridley. He would recommend that the HRA accept the agreement prepared by Mr. Newman as Staff's recommendation. They would be giving Woodhridge Properties some additional help to help preserve a very good project in the City of Fridley. Mr. Newman stated he would like to make the comment that Atr, Weir has not agreed to the terms of the proposed agreement. Councilman Schneider stated he was enthused about the project; but he was also concerned that the HRA as a governmental agency was not in the business of taking the risk as opposed to being the enabler or facilitator to make the project happen, He stated if Mr, Qureshi was comfortable with his recomnendation, he would suppart that recomnendation. Mr. Weir stated that while they were not able to deliver with the level of obligations put upon them as a result of the agreement, he wanted to make it very clear that they are not contemplating that the City's generai obliqation bonds would be at risk. They are contempiating that the level of tax incre- ment necessary to meet those payments would be guaranteed; but that is not addressed in the agreement. He stated there needed to be some significant modifications incorporated in the agreement. For example, a one year delay rolls up an additional $1 million that could be lost forever. They will make J HOUSItJ6 & REDEVELOPMENT AUTHORITY MEETIN6 JUNE 12 1986 PAGE 12 � sure the general obligation bonds are not put at risk, notwithstanding the fact tf�at they may not be a61e to build to that level. In exchange for that, they are asking for significant relief as a result of additional costs incurred as a result of deiays that are known and potential delays that are undetermined at this time for r.easons such as the ISP and higher costs that might be jncurred as a result of not being able to put improver�ents on the site. He did not want to just take exception to the sincerity of the Staff's proposal, 6ut fie had to say tf�at they could not uphoid their end of the bargain based on tfiat kind of proposal, Mr. Qureshi stated Staff's prpposal fias not been accepted by the HRA, and the 5taff needs some direction from the NRA as to what direction the Staff can take. Can they go beyond this proposal? Ms, Schnabel stated that the HRA already has a commitment of approx. 59-10 millinn, even before this proposai was agreed upon, for a project that is valued at $8Q million. In addition to that $9-10 milTion, tliey could potentially have an additional financial responsihility if certain agreements are not fulfilled within certain dates according to the proposal they have before them, Her over- all question for the HRA and perhaps the City to decide was: ldas there a point where they reach a limit on a percent of a deveiopment they want to commit to? She stated she has supported the project as much as anyone else, but she stil7 thought they had to decide how much more they are going to commit. Mr. Qureshi stated it was definitely a vaiue judgement. �4r. Commers stated he was not convinced the HRA should have to run any additional risks,whether remote or realistic. They are helping the project by putting in another million dollars. They might have to pick up additional costs on public improvements if the contracts that are Tet have to be reneqo- tiated, and he felt they were getting pretty close to the line they were going to have to draw. Ne questioned whether paragraphs E and F, as summarized by David Newman, should even be in the negotiations. Mr. Weir stated this was all very complex, 6ut as it related to the HRA's conmitment, everything was very contingent and their concern about delay was not only time is money; it may be money lost forever, Ms. Schnabel stated the highway has to be impnoved because of the development; but that was not to say that the 1{igh�•iay Dept, itseif could not step in had the City done nothing witi� Highway 65, causinq probiems and affectinci the develonment. 5he felt in some ways the HRA was being asked to take more risk Lhan they shouid and tfiey ar� being affecied hy another qovernmental hody and the material frustration that Woodbridge 1s suffering because of that was beinq placed on the HRR's shcrulders. Atayhe the HRA had material frustrations, ton, that had ta be cor�sidered at some point. She was concerned about how much of a dollar ca++xnitment tfie HRA can put into this deveiopment overall. She under- stood that the Staff has some reai problems in tryinn to negotiate anA come HOIiSING & REDEVELOP�IENT AUTHORI7Y MEETING JUNE 12 1986 PAfF 13 to sane understandings, and it was frustretiny for Staff to not know how far they can go. But, she did feel that somewhere along th� line they need to get a handle on how much of a dollar r.esp�nsibility they are willinq to risk. She was concerned by the penalty clause on the HRA's behalf as item F of Mr. Newman's summary. Mr. John Meyer stated that, being a new member of the NRA and unfamiliar with the background on this project, he would have to strongly rely on the HRA staff who have studied this project in great detail, Mr. Weir stated he wanted to make it clear that as they originally conteM- plated this structure, it was contemplated that they would, throuqh their obligations, be contributing 5250,000 from their project to the interchange; and in addition to that, it was contemplated there would be proceeds that would be available for a variety of other costs in the approximate amount of $5�0,000, so collectively through their various payments, there would already have been a direct investmeni on their behalf to the interchange of approx. $3J4 million of the total interchange budget. t4r, Weir stated that in response to t1s. Schnabel's concerns, they would be much more comfortable and be able to address some of the HRA's concerns if, in fact, their $5.6 million was guaranteed in some form to be repaicl to them as opposed to being totally contingent. If the development was unable to occur, regardless of whose fault it was, they would lose that money forever and could not guarantee they could ever give the HRA and the City what they would like to see on this property. It was a totally different kind of obli- gation tha� the HRA has ever encountered before. Ms. Schnabel stated she had not had any indication from htr. �deir as to whether or not they contemplate proceeding with Phase 2 after they receive the ISP. Mr, Weir stated they do intend to proceed with Phase 2. They want to be ahle to proceed, ard as soon as it is safe to do so, they intend to qet permission t.o do more. It all gets back to the 55.6 nillion. If there is nnt any cash f1o41 to get it, they don't get thr. SS,G nillion, and yet their t�;:as continue to be paid as a result of their o6ligations on holdinq the property. Mr. Weurtnan stated there was a 90-day negotiation period provided in the Material Frustration clause which started May lst. He thought this exchancte at this meeting was beneficial to both parties and he hoped that within the next few days they can get together with Mr. Weir and Mr. Deike and reso?ve these issues. �1r. Commers stated the HRA and the City want to maintain a gnod relationship with Woodbridge Properties. Mr. Weir thanked the HRA. He stated they are happy to be in fridley. The reactions they have gotten in the marketplace have been extreme]y favorable. HOUSItdG & REDEVELOPPIE�JT AUTHORITY MEETING JUNE 12 1986 PAGF 14 + 4. Mr, qureshi stated he would like sane direction from the HRA as to whether the HRA should be providina more assistance to lJoodbridge Properties than what Staff was recommending. Mr. Commers stated it was his opinion that the HRA has given too much assistance already, Ptr, Prairie stated he felt that maybe the HRA should provide a little more assistance. Ms. Schnabel stated she felt the HRA has given as much assistance as they should give at this point, taking into consideration what has been praposed by Staff, Beyond that, she would not be in favor of more assistance. She was concerned about how much they are puttinc� into this project and the risks that are being presented to them versus the total dollar value of the develop- ment in proportion to other commitments they have made to other projects, realizing the more they put into this project, the more they are taking away from some other projects. Mr. Canmers stated that paragraphs 7 and 8 in the Staff's proposal have gone too far. He did not necessarily see a problem with putting the assessment off for a year, but he was concerned about going beyond that. A1r. Commers stated Staff has heard the opinions of the HRA and there was nothing further they could do to direct Staff at this point. Mr, Qureshi stated the HRA had the foliowing choices regardinq the awarding of the cantracts: 1. If legally possible, the HRA could recormiend to the City Council that the City Council award the contracts if there was no increase in cost, there was an approval of extension of time, and subject to the Indirect Source Permit. 2. If the above was not legally possible, then the HRA could recommend to the City Council that the City Council reject the bids and readvertise. It was the concensus of the HRA to recommend to the City Council that the City Council award the contract for demolition and site grading Project No. 163 and water and sanitary sewer Aroject No. 162, subject to the following conditions: (7) there is no incrEase in cost; (2) there is approval of the extension of tirm2; and (3) subject to the ISP. Chairperson Commers declared a recess at 10:00 p.m. Chairperson Commers reconvened the meeting at 10:30 p.m, HOt15Ii�G & REDEVELOP1aENT AUTHORITY MEETING, JUNE 12 1986 PArE 15 6. APPROVAL OF S.E.H. CONTRACT FOR 100 TWIN AREA DESIG�J: Mr. Qureshi stated it was their hope that if there had been an amended agree- ment between lJoodbridge Properties and the HRA that was approved by the HRA, then Staff would have recommended to the HRA that they go ahead with the contract with the consultant to proceed with the plans. Since the amended agreement has not been agreed upon by the HRA, he did not think it could recommend that tfie HRA proceed with the contract with the consultant, Mr. Qureshi stated Staff would like the HRA to at least authorize Staff to expend sane additional funds to keep the project moving until the next meeting. He was sure it was the desire of all concerned that they keep the project moving until it is either approved or not approved, The Commissioners agreed it was best to keep the project movin� ahead. Hope- fully, thinqs would be resolved by the next meetina. MOTIQN BY MR, PRAIRIE� SECOfJDED BY MS. SCNNRBEL, TO RUTHORIZF. STAFF TO EXPEPlD ADDITIONAL MONZES 1i� THE S,E.H. CONTRACT FOR TXF, Z00 Yi✓IN AREA DESIGN UNTIL THE NEXT MEETING. UPON A VOZCE VOTE, ALL VOTING AYE� CHAIRPERSON COMMERS DECLARF.D THF, MOTION CARRIED UNANIMOUSLY. 7. APPOINTPIENT Mr. Robertson stated that on pa9e 7 of the agenda, eight of the twelve individuals had been appointed to the Technical Advisory Committee. They have polled most of the businesses in Moon Plaza and Holly Center for individuals interested in serving on the Committee. Mr, Commers stated there were people representing the Sylvan Hills area and the Hyde Park area, but what a6out the residential neighborhood qoing north a7ong University? Shouldn't there be input from people on the north end? t4r, Robertson stated it was the consultant's recommendation that the TAC membership be kept at a manageable size. This was discussed at the Staff level and it was Staff's recommendation that all of the property owners on the corridor be on the mailing list and be invited to all the TAC meetings, but in terms of size, they felt they should keep with the consultant's recomnenda- tion of 12-13 members. Mr. Prairie stated that if one of the businesspeople did not accept the membership, may6e a homeowner from the northern residential area along University be added. Mr, Robertson stated that was at the discretion of the HRA. r HOUSING & REDEVELOPMENT AUTHORITY MEETING, JUNE 12, 1986 PAGE16 MOTION BY MR. MEYER, SECONDED BY MR. PRAIRZE, TO APPOZNT THE FOLLOWING PEOPLE TO THE TECXNZCAL ADVFSORY COMMITTEE FOR THE UNIVERSITY AVENCIE CORRZDOR STUDY: Virginia Schnabel - Chair Richard Harris Joy Otten 6erald Pascfike Gloria Lund (alternate) David Harris Teresa Ledwein Robert Schroer (alternate) Carmel Sheridan (alternate) Pat Gabel (Sylvan Hills rep, to be named) UPON R VOICE VOTE� ALL VOTSNG AYE� CHRIRPERSON COMMERS DECLRRED TNA MOTION CARRZED UNANIMOUSLY. 8. APPROVAI OF 6ID TO MOV[ HOUSE AT 5747 CENTRAL AVENUE N.E.: MOTION BY MR. PRASRIE� SECONDED BY MS. SCHNABEL� TO AWRRD THE BID TO MO?�E THF, NOUSE AT 5747 CENTRAL AVENUE TO SAFEWAY MOVERS IN THF. AMOUNT OF 5257,00, UPON R VOIC.E VOTE, ALL VOTING AYE, CFIAIRPERSON COMMERS DECLARED THF, MOTION CARRZED UNANZMOUSLY. 9. PROPERTV ACQUISITIO�� REQUEST FROP1 MR. GARY PIERCE, 6132 CENTRAL AVENUE N.E.: t1r, Qureshi stated the HRA had received a copy of a memo to Mr, Robertson and himself from Jim Robinson dated May 30 stating that Mr. & Mrs. Gary Pierce have requested that the HRA purchase their property at 6132 Central Ave. Mr, Qureshi stated it has been the general policy of the HRA not to acquire property when there are no plans for that property. However, if the NRA wished to acquire the property, it was a reasonabie price and there was a willing se]ler. MOSION BY MR. MEYER� SECONDED BY MS. SCHNRBEL� TO REJECT TNE PROPOSF,D OFFER FOR TXE NRA TO ACQUIRE THE PIERCE PROPER2Y AT 6312 CENTRAL AVENUE N.E. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THF. MOTIOP7 CARRIED UNANIMOUSLY. 10. RECEIVING CONPIUNICATIOIV FOR WINFIELD: Mr. Qureshi stated Winfield Development was requesting that the HRA recommend to the City Council that the property just south of the U. S. Swim & Fitness club be declared as having the potentia] for redevelopment property because of the soit correction costs which make the total land costs higher than the mark?t costs for that area. The City Council has already authorized by preliminary resolution $3 million in IRB, HOUSING & REDEUELOPt1ENT AUTHORITY MEETING JUNE 12 1986 PAf,F 1� Mr. Qureshi stated thai because of the type of development Winfield is proposing for this property, they cannot compete in the State IRB pool until Sept. 30, 19R6. If it is declared as a potential redevelopment property, then they can be eligible for the pooi right away. If that was agreeable to tfie HRA, then they should adopt the resolution which requests the City Council to assist Winfield Development in obtaining the State IR6 allocation. Mr. Comners asked if it was the intention of Winfield Development to also come to the HRA for assistance in soil correction, Mr. �im Winkels, lJinfield Development, stated, yes, they have done that in their ]etter to Mr. Qureshi dated �une 5, 1486. Ne stated they are prohibited right now from asking the State for the IRB allocation and they are asking the City to give them the opportunity to go to the State to get those funds. There is still no guarantee, but it is their feeling that this point in time is a good opportunity to receive the allocation. By Sept. 30, the allocation might be gone. Mr, Winkels stated they have an identifiable cost of $116,000 plus for soil correction. They have requested approximately 3� or $90,000 in soil correc- tion fran the HRA. They are not asking for this assistance at this time, but, if possible, they would ]ike to come back and request assistance for soil correction costs. MOTION BY MS. SCNNABEL, SECONDED BY MR. PRAIRZR� TO APPROVE RESOLUTZQN P10. HRA $-1986 TO AS525T WINFISLD DEVELOpMENT IN OBTAINZNG STATE INDirSTRZAL REVENUE BOND ALLOCATION. UPON R VOICE I�OTE, ALL VOTZNG RYE� CXAIRPERSON COMMERS DECLARED TNE MOTION CARRIED UNANIMOUSLY. 71. CLAIMS: MOTION BY MR, pRAZRIE, SECONDED BY MS. SCNIJABEL, TO APPROVE THE CHECK REGISTERED DATED JONE 12, 1986� ZN THE AMOUNT OF $238.30. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY, AD�QURI1PdENT: Chairperson Comners declared the June 12, 1986, Housing & Redevelopment Authority meeting adjourned at 11:30 p.m. Respectfully submitted, .� �� yn a a Recording Secretary � , � � q�tc.t.c-�n-�� V ' a-�'icz�-�" �,c-�'%��z��- ✓ � v�� /�, r/� i�'� � `�'��< �^`r" � � �y^� --� ' °`� X `�''.-,, .� � ��-�-a�-% c i 4� 1'l�nc� (a�:li-P�u� �'� � �l � �l s��o� .r—_--- l i�o n�. -�.�� . �-.��e, Mn G ss�o _ �-x-��-Y,_.,��,�-�� .� �!�J ° �. �,.�..� ,�a.,.��...� aS�� .� y� '?� ,� z : ,. .. ,� �-�;� "- ,- , � � �%.�,-_, ��:- ��h�=rr:�u�� ) ��c� J . s � �:� �::y��;�YGz � G`�� ✓� L� (/r'%��r d-��o�� 7 SG%cJ �Y..cti.e.� �!%,.,E., � S Y�( �i��s�� , �� _ , , �. � ; .� �'�.c .�� 2� � � z-- a 5o m.�.�,.�.-�� St N� . 55 � 3� �1�;.�,Fv. i� � C,C 5?� 1- ��r�a �z;�� f�� 5�; ��v; �- �, � % , � %�� s �� ..-�-� ��-, -<<� ,� �� 1z.z� 8'�` R c� s, v�c� :'��',kC 5�2v� ,'`-w��„� �`�-s- -S- !\�j vR..�V�- �i.,�_c.l,'�� /�.'o"=C � L':.. uL/�� -tn-'!-c.._ -C^N . � +� . : �7:' c:. . �'i�._. / �,��,v� `Yl�=� �� q ��=�-uu 0 �^-li' �a-� �L- ��r,�J ; ; i• CITY OF FRIDLEY ENVIRONMFNTAL QUALITY CQt'UtIS5I0N JUt�E 17, 198fi CALL TO ORDER: Chairperson We11an called the June 17, 1986, Environroental Quality Comnission meeting to order at 7:40 p.m. ROLL CALL: Members Present: 1Jayne Weilan, Ricfiard Svanda, Maynard Nielsen, 8ruce Peterson Menbers Absent: Da7e Thompson Othiers Present: Myra Gibson, Planning Assistant APPROVAL OF t9AY 20, 1986iENVIRON14EN7AL QUALITY COMP1ISSION t1It�UTES: MOTION BY MR. PETERSON� SEC0IJDED BY MR: SVANDA� TO APPROVE THF. MRY 20� 1986� ENf�IRONMENTAL QUALITY COMMISSIDN MINUTES AS WRITTEN. UpON A VDICE VOTE, ALL i�OTING AYE, CHAZRPEFSOlV WF.LLAN DECLARED THE MOTZON CARRIED UNANZMOUSLY, l. DISCUSSION ON CURBSIClE RECYCLING PROGRAM: Ms . Gibson stated Mr. Bernie Beerman had called her the previous week statin� that tlie City was �ot giving fiim enough money to run the curbside recycling program in Fridley. He did not really ask for more money, but he indicated that maybe the City sfiould let bids for someone else to do it. She stated Mr, Beerman wou7d be interested in more money, hut he did not know how much at this tine. She asked him to look into it and get back to her by the following Friday. Ms, Gibson stated that in the contract, the "Duration of the Contract" statad: "The term of this contract shall be from ,lune 1, 19R5, through Fiay 1, 19£il." So, t1r. Beerman was contracted with the City for another year yPt. Techni- cally, the City �ould iake fiim to court if he didn't complete the contract, 6ut there was no wfiere in the contract that released him from the contract (bankr.uptcy, etc.). However, there aas wording to the effect that the C.ity could terminate the tontract with Mr. Beerman with a 50-day notice. Ms. Gi6son stated sfie would be discussing this with the City Attorney, Dave Newman, to get his opinion regarding the contract. She stated they do not �iant to force Mr. Beerman to continue in the contract for another year at the same rate if he doesn't want to, Iw t they cannot raise his salary without going out for bids again either, _ _ _ ENLIRONMENTAL QUALITY COMMISSION MEETTNG, JUNF 17, 1986 PAGF 2 Mr, Svanda stated that the contract should be looked at carefuliy to see if there was any provision that says they can reconsider the old bid price at the end of one year. That would give them some latitude to be able to increase Mr. Beerman's salary if they chose to do so. Ms. Gibson stated the contract stated: "The City sha11 have the option to review the cost benefits and services provided by the contractor after one year. At tfie end of the contract period, this contract may be renewed at the City's discretion." �9r, Svanda stated he thought it was the Commission's intent when thPy initially worked on the contract that they realized the rates were fluid and that part of the success was based on volume and they wanted the option to be ahle to reconsider the issue of increasing or decreasing the contract salary. Mr. Wellan stated he would fi ot be in favor of forcing Mr. Beerman to continue, It would be better to'either find a way to increase his pay or just c�o out for bids again. Mr, Svanda stated he felt they should try to taTk Pir, Beerman into continuinq with the curbside program. Part of what they can do was dependent upon how much money they will be getting from Anoka County. Ms. Gibson stated she had handed out some cs��espondence. (lne was a memo addressed to Jock Robertson dated June 16, 1986, reqarding recyclina. The other was a memo to Jim Robinson dated F1ay 29, 7986, and a�ietter aate� June 11, 1986, to Narm Schiferl to be signed by the City Manager, Ms. Gibson stated that in reviewing a memo dated April 19, 1985, from Mr, Schiferl to the city officials of Anoka County, the City Attorney fourid a conflict with that memo and the Joint Powers Agreement. Page 3 of the memo indicated Lhat the County Board will annually allocate monies for each city to reimburse local abatement activities. Attached to that memo was an exhibit which indicated that the 1985 local surcharge allocation to the City of fridley was $13,149. Ms. Gihson stated that the Joint Powers Agreement provided that the maximum amount which the County will reimburse the City under the Agreement was $13,149, Anoka County fias said the term of the Agreement was from April 16, 1985, to Dec, 31, ]9£s7, a 7ittle over 2� years. In interpreting the Joint powers Agreement, Anaka County would only be obligated to reimburse the City for that amount %n total aver this 2 V2 year ueriod. This was clearly contrary to the earlier me+tzo or Aprii 19, 1985, in which the County indicated they wou7d reimburse the City of Fridley in an amount up to $13,149 per year. Ms. Gibson stated thet based upon the me�r of Apri7 t9, 1985, the Ci±y of Fridley entered into a 2 year contract with an independent third party fulfi7l the City's obligations under the Landfill Surcharge Act. Recause of the fact that the City has already entered into this obligation with a ENVIRONME��TAL QUALITY COh�1I5SI0N htEETINf, JUNE 11, 1986 PAr,F 3 contractor to provide the service, it was Mr, Newman's recommendation that the Joint Powers Agreement be amended to reflect that the maximum payment was not $13,149 over 2, years but a maximum of $13,149 per year, Ms. 6ibson stated this was a71 stated in the letter to Norm Schiferl from Nasim Qureshi. Mr. Svanda stated he would reconmend tf�at a copy of the April 19, 1985, memo be attached to the letter to t�orm Schiferl. He would also request that the amended agreement be returned to t4r. Qureshi at a date within two weeks. Mr. Wellan stated he aauld also recanmend t#�at all the County Board members be carbon copied. Ms. Gibson stated she had talked to the Eagle Scout who was going to be doing the survey on recycling. She stated he will be going to certain neighbor- hoods distributing flyers, he w91Y do a survey door-to-door to see how many people are recycling, end he will do a drive-by survey to see how many people put out "Friday in Fridley" recycling signs. He was hoping to increase participatipn by talking to each person asking them why to do or do not recycline what improvements can be recanmended, and try to get more siqns in people's yards. 2, DISGUSSIQN OP1 S.O.ft.T. RECYCLING CE*iTER: Ms, Gibson stated the Comnissioners had received a copy of a memo dated June 16, 1986, to Jock Robertson informing him about the S.O.R.T. Recyr,lin� program. ' Ms. Gibson stated Earl Frank has been askin� about the $2(�/month he would like to be paid. She had informed him that the City Council had tabled any action on it at this time. Ms. Gibson stated that after the last Commission meeting, she and Jim Robinson had met with Bruce Blumenthal of Universal Can. Mr. Blumenthal is very interested in expanding his operation to the S.Q.R.T, site, and he would li4:e to make some changes to the site, Mr. Blumenthal and his father have been running this type of business and related businesses for about 55 years. He and his brother work as managers and have lancilords at each of the recycling sites. U-Can gives actual cash for cans--aluminum cans, by-metal/steel pop or beer cans, plastic pop bottles and household aluminum and copper scrap. They do not pay for giass botties, jars, or newspaper, He did indicate fie would be happy to start collecting glass and newspaper and has worked with Boy Scouts and other civic organizations on fundraisers. P1r. Blumenthal was very positive to the idea. He also had indicated he would be interested in managing a compost site if it was located adjacent to S,O.R.T. Ms. Gibson stated the only question the City had was whether they could put a for-profit business on public property. Mr. Newman felt there t�ould not be any problem. It would benefit the City, but they might have to let hids for this type of service. a ENVIRONMENTAL QIIALITY COMMISSION MEETING, JUNE 77, 1986 PAGE 4 The Commissio� members stated they would be in favor of proceeding with U-Can's interest in the S.O.R,T, facility. 1HOTION BY MR, PETERSON� SECOITDED BY MR. NZELSEN, TO RECOMMEND THAT S:^AFF COtlTINUE 2YJ ZNVEST'ICATE THE POSSZBILITIES Ofi SEEKT!)C PO^_^S1ITIRL PF.R.SOClNF.L TO OPERATE AND MAZNTRSN THE S.O.R.T, FRCILZTY. UPON A VOIC£ VOTE, ALL VOTING AYE, CHAIRPERSON WEI,LAN DECLARED THF. MOTZON CRRRIED UNANZMOUSLY. Ms. Gibson asked for some.direction on whether or not to give Mr. Earl frank the tonnage money in the amount of $117.48. XOTZON BY MR. SVANDA� SECONDED BY MR. NZELSEN, TO RECOMME."D TO THE CZTY COUNCIL TXAT THE CITY PAY ERRL FRANK THE TONNAGE MONEY RECEIVED FRQM MF.TRo- POLITAN COUNCIL WHICN�WAS,REFLECTTVE OF THE SOLID WRSTE RF.CYCLED AT THE S.O.R,T. FRCILITY FOR TXE PERIOD OF JAN. 1� 1986� :"XROUGX MARCH 32� 1986. UPON A VOIC& VOTE� ALL VOTZNG AYE,.CXAIRPERSON WELLAN DECLARED THF. YOTIOLd CARRIED UNANIMOUSLY. 3, DISCUSSION ON COtiPOSTIt�G: Because of other priorities at this to postpone discussion on composting been resolved. 4. COh1MI55I0N ELECTIONS: time, the Commiss=on members agreed until some of the other r�atters have Elections were postponed unti7 the next meetinc� when, hopefully, the nea� member, Mr. Dale Thompson, could be present. ADJOURNMENT; MOTZON BY MR. PETERSON, S�NDED BY MR. SVANDA� Tp ADJOURN TXE MEETING. UPON A VOICE VOTE, ALL VOTING RYE� CHAIRPERSON WELLAN DECLARED THF. TUNE 27� I986, ENVZRONMENTAL QUALISY COMMISSION MEETZNG ADJOURNED AT 8:40 P,M. Respectfully submitted, y Saba Recording Secretary .i� � f ftJDL�Y OIREGTORATE OF pue��c woRKs MEMOt�AfVOUM .�r ._. _.-a.aauu tilua.w+�i� �.a�y �cuoyca PROM: John G. Florar �Rilalic Works Dicector II4TE: Jta�e 11, 1986 �JEQ': Meadowlancis Park � 7he imprwenent of Meadowlands Park has been discussed foz a niunbez of years. Q� February 25, 1984, the City Council by Resolution No. 12-84 suthorized a stud� to be made on the perk and identified fwds for this to be obtained by the sale o� six residential lots, H.S.A,S. funds and othec parks funds. Ch May 15, 1985, �1 sutrnitted a plan whicii outlired three schanes ranging fran $350,000.00 tn $425,000.00. On J�e 17, 1985, the City (buncil discussed tire �I¢1A report and supported Scheme B, the mid-zange glan (5370,000.00?. At July 17, 1985,Planning Ca�mission meeti.ng, a g�blic meeting Was held to discuss the Meadowlands proposal and the sale of park land. The neighborhood showed up in force against the sale of any park land. Acoordingly, the iten Was tabled and sent back to the Park and Recreation Qnunissi� to estahlish a Task Fbrce and review this issue. At the January 6, 1986,Park and Recreation Commission meeting, the Task Fbrce sutmittea their rep�rt whidi o�nsisted of three parts: 1. Lnpzwe the drainage aysten. 2. Cbnstruct a pond vater aeration systen. 3. Lnprwe the land for passive use. RY�e Park and Recreation Q�nission had some reservation on �ssive use but did make a moti� to �nd the propo5a2 to the Planning Commission. 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KEITH HARSTAD � P,S, #36-(�' 7.� � ,. ; �,� ., Zrt�'-��= ��r.�� -�'�`� STIPULATIONS s rir / No aa'>cs. � 5,4M� >�UFii✓G. 1� HARDSURFACE DRIVEWAY TO BE INSTALLED TO BOTH EXISTING AND PROPOSED BUILDING PRIOR TO OCCUPANCY OF NEW HOME� 2� �OINT DRIVEWAY AND UTILITY EASEMENT TO BE RECORDED PRIOR TO BUILDING PERMIT� �� UTILI7IES TO BE INSTALLED IN A MANNER WHICH PRESERVES EXISTING YEGETATION. �I� RECORD AT ANOKA COUNTY PRIOR T� BUILDING PERMIT, 5� EXISTING AND NEW HOME TO BE CONNECTED TO CITY SEWER AND WATER PRIOR TO OCCUPANCY� G, �� n�7 /� �� 5-p d / /71�1�/ �� '��'� ''Q�.TN�ir'lY �"h�U''�'i �r r�� G,�,^r��_ �r � �..� tr�' ,:-� %�� /,;. �,.11t d9 �` ,F r' �xi p � y�.�'-.� ��•�'% %� � �' CI7Y OF FRIDLEY ApPEALS COh1MISSION MEETING, JUNE 24, 1986 CALL TO ORDER: Chairperson Betzold called the June 24, 1986, Appeals Comnission �eeting ta order at 7:30 p,m, ROLL CALL: Members Present: Donald Betzo7d, Alex Barna, Diane Savage Members Absent: Jerry Sherek Others Present: Darrel Clark, City of Fridley LeRay Anderson, Minneapolis David Harris,420 Rice Creek Blvd, David and Susan Arneson, 953 68th Ave. N.E. Peter and aoAnn Rech, 81b1 Ruth Circle Dennis Lanz, Coon Rapids htarc Putman, Rochester Yvonne Nermanson, 180 llst Way N.E. Sandra Swanson 184 715t �lay N.E. Dennis Anderson, 124 71st Way t�.E. Dennis Scheller, 7121 Riverview Terrace Corinne Albay, 7105 Riverview Terrace Quent Watts, 491 Qverton Dr. N.f. APPROUAL OF JUNE 10, 1986, APPEALS COtT1I5SI0N MINUTES: MOTION BY MR, BARNA�SSCONDED BY MS. SAVAGE, TO APPROVE THE JUNF, 10� 1986� AppCALS COIlMSSSION MINUTES AS WXSTTEN, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SESZOLD DECLARED 2HE MOTION CARRZED UNANIMOUSLY, 1, pRESENTATION OF AWARD OF APPRECIATION TO PATRICIA GABEL: Since tis. Gabel was unable to be at the meeting, Mr. eetzold stated he would personally deliver the award to Ms, Gabel. 2. COt�SIDERATION OF VARIAPdCE REQUESTS, VAR #86-13, BY LEROY AN�ERSON MOTION BY MR. BARNA� SECOf7DED 8Y MS, SAVAGE, TO OPEN THE PUBLIC HEAP.ING. UPON A VOICE VOTE, ALL VOTZNG AYE, CNAZRPERSON BETZOLD DSCT.ARED THE PL�BLIC XEARING OPEN AT 7:32 P,M. , APPEALS COP1MISSION MEETING, JUNE 24, 1986 PAfE 2 Chairperson Betzold read the Administrative Staff Report: AD�IINISTRATIVE STAFF REPQRT LOT 15, BLOCK 2, RIVERW00� PARK I+AR �i$6-13 A, PURLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07,3D.1 requires a front yard with a depth of not less th�n thirty-five (35} feet. Public purpose served by this requirement is to allow for off-street parking with encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroach- ment into the neighbor's front yard, Section 205.07,3D.3a requires a rear yard with a depth of not less than twenty-five percent (25%) of the lot depth. Public purpose served by this requirement �s to provide rear yard space to 6e used for green areas which enhance the neighborhood. B, STATED HARDSHIP: Site is located on a new plat and is also on a corner lot. House is 82 ft, long and lot is 120 ft, deep. Frontage is on Riverwood Drive. Solar panels would be located on the south so therefore would need more rocxn on the south. C. ADt1INISTRATIVE STAFF REVIEW: This size house would not fit on this lot no matter what way it faces. lf the Board feels this house could be built on this 1ot,some consideration could be given to moving it further to the west (rear lot line}. This would put the east end of the house more in line with the required 35 foot s�tback for the vacant lot to the north. The existirtg house to the west faces Riverview Terrace and its rear yard is adjacent ta this 1ot. Its rear yard is about 35 feet cieep. If the Board approves this request, the Staff has no stipulations to recommend. Mr. Clark stated the public hearing notice was sent out with some flexibility as far as the movement of the house. The plot plan tn the aqencia showed 17'-2 f±. setback in the rear yard. The public hearing notice stated that the year yard setback couid be reduced down as far as 5 ft, This gave the Commission some flexibility in moving the house if they chose to approve the variances. 1 APPEALS CDIIMISSION MEETIN6, JUNE 24 1486 PAGE 3 Mr, Clark showed the Comnission a photo of the lot taken at-the rear lot line shorting the adjoininr� house next door. He also showed the Commission an aerial photo of the property. Mr. Clark stated there was an inaccuracy in the staff report. The builder was not intending to put solar panels in the house at all. There would be solar ge.�n through solar glazing on the south side of the house. Mr. Clark stated the reason Staff was suggestinq that the house be pushed to the west was because the house on the lot to the north would be 35 ft. fror� the property line, and the proposed house on the lot in question would be 17; ft, in froni of it. Mr, Clark stated he had received a telephone call from the resident at 158 71st Way whose main concern was over the solar panels. Since there were not going to be any solar panels, he assumed her concern would be satisfied, Mr, Dennis Lanz, the prospective home ovmer, shrnved the Commission the house plans. He stated there were no solar panels on the house. It was a series of five French doors on the front of the house intended for passive solar heat aain during the winter and a massive fireplace and court tile inside the house for heat gain in the winter. This type of house also required trees in front for b7ockage of solar gain in the sumner. He stated the front of the house faced what was platted as the "side yard" anA the side of the house faced what was platted as the"front yard". He stated there would be very few windows in the house which faced other than to the south, Ne stated the house was quite long (the living area was 60 ft, long) and, as such, really only fit o� this one lot. Hr, Dtarc Putman, the landscape architect, showed slides of the site. He stated the points they attempted to pay attention to in preparing the plan was if the side yard became the front yard (which according to city ordinance, the shortest side was the front yard on a corner lot), then they had to meet a 17%z ft. setback. They could go to 5 ft. or 10 ft. and 25% of the lot depth or 25 ft., whichever was less, and pay attention to the front setback of 35 ft. They keep the front setback and they end up saving a lot of trees, Ne stated this was a very nice house designed to fit on this site. Dtr. Betzold stated that in order to grant the hardship, the law rPquired there had to be something that was unique about the land that would make i* difficult to use the property. The Staff had said in the staff report that "this size house would not fit on the lot no matter what way it faces". Nis question was: Was the builder overbuilding on the lot and trying to put in a house that was too big on a lot that was going to require a variance? Mr. Putman stated this hause fit an a long narrow lot. It was a typical rambler house set on a rambler lot. from that viewpoint, the only variance, if the front of the house was facing the "front yard" would be a narrowed rear yard, but the fact that they were maintaining a tree buffer mitigated APPEALS COfiMI55I0N MEETIPIG, JUNE 24 1986 PAGE 4 ' that circumstance, in that they control the adjacent lot and the likelihood of being able to control that blank wall. � Mr, Betzold stated the fact that they control the adjacent lot could not be a r�ajor concern in this case, because those lois are going to be so1d. The Commission faces situations all the time where saneone builds far too close to a lot line, and then they are siuck with what is there. There was aTso no guarantee that those trees would stay there either. Mr, LeROy Anderson, the developer, stated one of the functions of siting homes within any housing area regardless of the lot size dealt with the livability of the home. The way the property was platted, if the house was situated facing the "front yard",every time the traffic turned right, theoretically, the front of the house would get nothing but head]ights. That was not ap�ro- priate siting, because they would then have to design all the living area to the rear, and that did not make the house livable. Mr, Anderson stated that in an in-fill project where so far the averac�e sa]e price has been $]40,000 and this house was in the $160,000 range, they are lookin9 at trying to set a character that supports and improves the surrounding housing to maximize the values. He did not look at it as trying to overbuild within the strict zoning aspect. Mr. Putman stated the house did cover less than 25q of the lot, Mr. Anderson stated this lot was the entry point of the development in setting architectural characteristics, This project provided an opportunity for step- uP housing for people who still want to stay within the Fridley area. Mr. Barna stated that as the house was designed, he could not see anything that would justify a hardship. The house could be changed vPry slightly and be made suitable for tfie lot, Mr. Lanz stated there were many ways they could build on this lot. Obviously, they could build a smaller house and fac0 the house east, but he could guarantee that house would not be anywhere as nice as the proposed house. Mr. Putman stated this was a very unusual site; and if they want to use trade words, that created har•dships in design. If there was a speciaT corner lot �tlth grade, with trees, it warranted value. If it was in the corner of a development, fron the city standpoint, from being proud of the community to designing a good pro3ect that holds its value well in initial sales and follow- up sales, it made sense to try tfl do something well. Now someone has come forward willing to spenct' $20-30,D00 more than the average for the rest of the houses in the area and bui�d a custan house that required one setback variance and cha�ged the definition of the "front yard". From that standpoint, the ]ot was difficult to build on. Mr. Barna stated he agreed with the petitioner regarding the front yard versus side yard issue, f APPEALS CDF4IISSION MEETING JUNE 24 1986 PAGE 5 Ms. Yvonne Hermanson, 180 71st Way, stated she lived directly across from the proposed house. She staied she loved the trees, and she hoped the builder wou7d save as many trees as possible. She would be concerned about the neighbors to the west that their back yard would not have a house sitting too close, and she would object if the variance was granted to reduce the rear yard setback to 5 ft. That would be too close to the neighbor's property line. Mr. Putman stated that if he lived across the street, he would want this hnuse built compared to what might be built theree Given the front yard set6ack, the required side yard setback would be 17� ft. If they chan�ed the definition of tf�e front yard to what the ordinance required, this house then moved forward, If the neighbors want more trees, it was better to have a house that was long and narrow and set back 35 ft, from 71st lJay. Mr. Anderson stated the reason to stay at 17'-2 ft. on the rear yard was to keep the house further away from the neighbor to the west and not disturb the tree buffer on the west side. Ms. Corinne Albay, 7105 Riverview Terrace, stated she lived on the lot to thP west. Her main objection was if the setback was reduced to 5 4t. If the setback was 172 ft, and with the tree buffer, she would not object to the variances. She stated the house as planned made sense to her. Mr. Betzold stated that if the city code had said that 71st Way was the front of the lot, then the only variance that would be needed by the petitioner would be the rear lot line (north). Mr, Clark stated the house as proposed was 11 ft, from the property line at the closest point. The requirement was 25 ft. He stated one thinq they miqht want to consider was that if the house on the lot to the north was moved to the nortfi, then the houses would be farther apart. Mr. Anderson stated he would agree to that if the Corimission approved the variance with a stipulation to offset the house on the lot to the north. He could agree to a house 46-G7 ft. in length on lot 14 to the north. That would give about 30 ft. between the two structures. Mr. Bill May, I1]0 Riverview Terrace, stated that if the house was going to sit on tfie lot the way it was proposed, he would ask that the Appeals Commission vote "yes" for the variances. He stated he thouqht the house would look good in the neighborhood, Mr, Dennis Sche7Ter, 7721 Riverview Terrace, stated he appreciated the aesthetics with the way the house was proposed. He would like to see the variance granted. MOTION BY MR. BARNA� SECONDED BY MS. SAVAGE� TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, RLL VOTING AYE� CHAIRPF.RSON BF•TZOLD DECLAIZED TKE PL�BLZC HEARI'NG CLOSED RT 8:42 P.M, APPEALS CQ�1�4ISSION MEETItdG, JUNE 24, 1986 PAr,E 6 � Mr. Barna stated the hardship was stiTl hard to define. They were talking about a solar house frontage, not solar pa�els. According to state guide- llnes, solar was one of the things they can look at in allowing variances. So, he would rationalize tfie hardship as the double frontage of the lot, the desire to have a solar aspect to ti�e house, the maintaining of the front yard to the south whicfi was legally the side yard, and then requiring an aesthetic roaintenance of a rear yard whicf�, if the frontage of the lot to the north was added, would �ot require a variance. Ms. Savage stated she had some concerns mainly because it just seemed that the house was too big for the lot. However, it appeared that with the stipu- lation assuggested by Staff, �t would aesthetically enlarge the lot so the sPirit of the code �rould be met. So, she did not disapprove of the variance as long as they make that stipulation. Mr. Betzold stated he did agree with the developer that it made more sense on this particular lot to have the house facing 71st lday. He did not think this particular house should be facing Riverwood Drive. However, that did create some problems and needs and they have to look at the whole situation. Corner lots have also been quite troublesome. He stated the hardship was a little bit thin, but he thouqht they had found a way that shoulA be able to keep everything witf�in the spirit of the code. They have been told this is a key deve7opment corner and that this is a very important development. Since they have spent about 1 hr. 15 min, discussing this, he felt that, even if the Commission does agree to grant the variances, that maybe the City Council shou7d take a look ai this too. Mr, Dennis Lanz stated that if this had to q� on to the City Council on July 21, he wou7d not wait that long. He would build a house elsewhere. He stated this would be another delay, and then there were no guarantees that the �ity Council would approve the variance. He stated he would not go on with this to City Council. Mr. Betzold stated he still felt strongly that the City Council should lool: at this variance request. Whatever is buiTt on this lot wiil be there a lonq time. MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO RECOMMEND TO CITY COt�P7CIL P�OVRI OF THE VARIANCE REQUESTS, VAR A'86-13� BY LEROY ANDEP.SON� PURSUANT TD CHAPTER 205 C7F TXP FRSDLEY CITY GQDE� fi0 REDUCE THE FRONT YRRD SETBACX (EASTERLY SIDE OF� THE LpTJ FAOA! 35 FT. TO Z7� FT,; TO REDUCE THE REAR YARD SETBACK (WESTERLY SIDE OF THE IATj FROM 30 FT. TO Z71f FT.�WITH THE STIPULATION TffAT THE HOUSE ON THF. ADJOINZNG IAT (LOT I4) OL7NED BY THE PP.ESENT OWlJER BE 20 FT, FROM THE SOUTH LOT ZINE. UPON A VOICE VOTE, BARNA AND SAVAGE VOTING AYE, BETZOLD iPOTING NAY, CHAIR- PERSON BETZOLD DECLARED TXE MOTZON CARRIED. Mr. Betzold stated this item would go to City Council on July 21. ' APPEALS COHMISSION MEETING, JUNE 24, 1986 PAGE 7 3. COPISIDERATION OF A UARIAPlCE REQUEST, VAR #86-14, BY DAUID HARRIS. PURSUAt�T AfOTION BY MR. BARNA� SECONDED BY MS. SRVAGE� TD OPEN THE PUBLIC XEARING. UpON A VOZCE VOTE, ALL VOTSNG AYE, CHAIRPF.RSON BETZOLD DECLARED TNF. P[IBLIC HERRING OPEN AT 8:50 p,M. MOTION BY MR. BARNA, SECONDED 8Y MS. SAVAGE� TO WAIVE THE FORl�1AL RERDING OF THE ADMINISTRATIVE STAFF REPORT. UPON A VDICE VOTE� ALL VOTIl7G AYE� CHAZRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANZMOUSLY. . The Administrative Staff Report was as follows: ADMINISTRATIVE STAFF REPORT 1200 aSBORNE ROAD N.E. VAR #86-14 A. PUQLIC PURPOSE SERVED BY REQUIREHENT: Section 205.15.3, C, 1 requires permitted buildinqs and uses, except automobile parking and loading spaces, driveway, essential services, walks and planting spaces shall not be closer to any public riqht-of- way than eighty (80) feet. Public purpose served by this requirement is to provide for adequate parking and open landscaped areas as well as to avoid congestion and provide adequate site clearances in commercial arPas. B. STATED HARDSHIP: "I am presently requesting rezoning from C-3 to C-2 which would alloo� for 35 ft. setback in order to expedite the construction of the first building. I am seeking approval of the variance prior to rezoning." C. ADP1I�dISTRAT£VE STAFf REUIEW: The petitioner's property is located in an area currently zoned C-3, which requires a minimum front yard setback of eighty (80) feet. The APPEALS C0�1�1ISSION MEETIN6, JUNE 24 1986 PAGF 8 petitioner is currently pursuing a rezoning of his property to C-2, which requires only a thirty-five (35) foot front yard �etback on order to build a new dental 1a6. The Planning Gommission has rec�r!mended approval of the petitioner's rezoning request. The rezaning request noo� goes to City Council, The petitioner is concurrently seek9ng for the same property a variance to reduce the front yard setback from eight (80) feet to thirty-five (35) feet due to the fact that variance requests usually require far less time for processing than do rezoning requests. Mr, Clarl: stated the property was located east of Highway 65 and south of Osborne Road. As stated in tfie Staff report, the petitioner was asking for a rezoning to C-2 which would reduce the setbacks to 35 ft. If the rezoning is approved, this variance would be moot. Mr, Clark stated the only stipulation he would suggest t�as that the proposed dental lab be pushed to the east so that it is 35 ft. from the proposed Viron Road, if physically possible with the storm sewer easement, Mr, Betzold stated the rezoning to C-2 came before the last Planning Comr�ission meet'.ng, and the Planning Commission recommended to the City Council approval of the rezoning. Mr, Harris stated tF�e reason he was requesting a rezoninq and a variance at the same time was because of a time requirement. Under siate law, he was allowed to have one building permit for every 5 acres. He could apply for a building permit, but he would be confronted with the 80 ft. setback with the C-3 zoning. He was trying to accommodate the builder by proceedinq with both avenues so tfiey can start construction at the earliest possible date. He 4ias zlso replatting the property to correct all the mistakes that have been made on �his 7and. AtOTI�N BY MR. BRRNA� SECONDED BY MS. SAVAGE� TO CLOSE THE PUBLIC HEARZNG. UpON A VOICE VOTE, ALL VOTING AYE, CNAZRPERSON SETZOLD DECLAP.ED THE PUBLIC NEARTNG CLOSED AT 9:00 P,Pf. MOTZON $Y MR. BARNA, SECONDE�B BY MS. SAVAGE, TO RECOMMEND TO CITY COUNCIL APPROVAL OP A VRRIANCE REQUEST� VRiZ #Bb-14� BY DAVZD HARRZS TO REDUCE THE FRONT YRRD SETBACK FRdM B4 FT.. TO 35 FT. OFF OSBORNE ROAD TO ALLOh' TXl CONSTRUCTION OF AN�CkfiFZCE BP_T�DING ON THE PROFGSED LOT 2, BLOCK 1, A& R DEPELOPMENT� SECTION 12� T-30, R-24� ANOKR COUNTY MINNESOTA, THF. SAME BEZNG 1200 OSBORNE ROAD N.E.� WITH THE STIpULASION TXAT SHE PETITIONER WORK WZTN CITY STRFF ZN TRYING TO MAINTAFN A 35 FT WESTERLY SETBACX OFF THE PROPOSED YIRON RORD. UpON A VOFCE VOTE� ALL VOTING AYE, CHAIRPERSON BE.ZOLD DECLARED THE MOTION CARRIED UNRNIMOUSLY, Mr. Betzold stated ti�is wouid go to City Councii on July 21. - APPEALS COHMISSION MEETING JUNE 24 1986 P�GE 9 4. MOTION BY MR, BARNA� SECONDED BY MS. SAVRGF.� TO OPEN TXE PUBLIC HEAP,ITJG. UpON A VOICE VOTE� ALL�VOTING AYE, CXRIRPERSON BET20LD DECLARED THE PUBLIC 1lERRZNG OPEN AT 9:04 P.M. Chairperson Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPORT 953 - 68TH AVENUE PJ.E. VAR �86-15 A. PUBLIC PURPOSE SERVED BY REQUIREt1ENT: Section 205.07.3, D, 2b requires a side yard of five (5) feet between an attached accessory building or use and side property lines. Public purpose served by this requirement is to provide space between individual structures to reduce conflagration of fire, to provide access to the rear yard for emergencies and to limit the condition of crowding in the residential neighborhood. B. STATED HARDSHIP: "I intend to build in line with existing garage, which is also 4 ft. fror� the east property line." C. AD�iININSTRATIVE STAFF REVIEW: The petitioner presently has a 21 ft, x 20 ft. garage built 4 ft. off the east lot line. The house and garage raere reconstructed in 1965. The present garage is 2 ft, into a 6 ft, drainage and utility easement. All the utility companies and the City granted the 2 ft. encroachment, At that time the petitioner has repetitioned the uti7ity companies for the addition which they have granted. The house to the east is 10 ft, from the common lot line and is con- structed in front where this addition would take place. If the Baard recorrunends approual, the Staff has no stipulations to recommend, The petitioner might want to petition to have the westerly 2 ft, of the 6 ft, easement vacated, APPEALS COHMISSIOPJ PiEETIPIG, JUNE 24 1986 PAGE 10 5. Mr, Clark showed the Commission a picture taken lookinn at the front of the existing garage and an aerial photo. As pointed out in the staff report, the petitioner has gotten permission from NSP, Minnegasco, and Northwestern Bell to encroach into tf�e easement; and that if this var9ance is granted, the petitioner might want to peiition to have the 2 ft. easement vacated. Mr, David Arneson stated they will keep the propesed garage addition in line vtith the existing building iine which aesthetically is the only thinc� to do. ThP garage when originally built was 21 ft. x 20 ft. which only allows two cars with very limited space for additional storac�e. Ne would like to add more storage space and wor(:ing space to the north end of the existing garage. '90TIOlJ BY MS, SAVAGE, SECONDED BY MR, BARNA, TO CLOSE THE P[TBLIC NE1IP.ING. UPON A VOICE VOTE, ALL VOTZPJG AYE, CHAIRPERSON BETZOLD DECLARED THE PiTBLIC HEARING CLOSED RT 9:10 P,M, P7s. Savage stated she felt the hardship had been indicated in the inadequacy of storage space and work space. She was impressed with the fact that this was a smail variance request, only 1 ft. It was a reasonable request and aesthetically the additional garage space would not encroach into anyone's view. �ir. Barna stated he had fact that the house was after the 1965 tornado. an existing hardship, no problem with the variance. The hardship was the built needing a 1 ft, variance when it was rebuilt It was not a hardship created by the petitioner, but Mr. Betzold agreed. He stated there was an exfsting structure that probably shDUld noi have been built that close to the lot line but it was, and the Commission could not penalize the present owners for Mistakes made previously. P10TION BY MS. SAVAG£� SECONDED BY MR. BARNR, TO APPROVE VRRIANCE REQUEST, VAR 1i86-25, BY DAVZD AND SUSAN ARNESON, PURSUAN'^ TO CHAPSER 205 OF TNF FRIDLEY CITY CODE TO REDUCE TXE SIDE YARD SETBACK FOR AP! ATTACHED GARRGE FROP? 5 flEET TO 4 FEET TO ALZAFI TXE CONSTRUCTION OF ADDISIONAL GARAGE SPACE ON LOT 21, SLOCK G� g}�ppgplEW TERRACE 2ND ADDITION� THE SAMF. BEING 953 - 68TH AVElft1E N.E. UPON A I�OZCE VOTE, ALL V(3TZNG AYE, CHAIRPERSOfI BETZOLD DECLARED THF f40TION CARRIED UNANID70USLY, MOTZON BY MS. SAVAGE� SECONDED BY MR. BAR17A, TO OPEN THE PUBLZC HEARIP;G. UpON A VOICE VOTE, ALL VOTZNG AYE, CHAZRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 9:25 P.M, R � APPEALS CDHMISSION MEETING, JUNE 24, 1986 P�fE 11 Chairperson Betzold read the Administrative 5taff Report: ADMINISTRATIVE S7AFF REPORT 8161 Ri1TH CIRCIE N.E. VAR #86-16 A. PUBLIC PURPOSE SERVED BY REQUIREHENT: Section 205.07.3,D,3 requires a rear yard with a depth not less than trtenty-five (25)feet. Public purpose served•by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. 8, STATED HAP,DSHIP: "Gro�aing family requires additional living space not available in small, 24 ft. x 4� ft., main living area of home. Expanding career responsi6ilities require sone at home work in former living areas. House is located in area of shalloai (100 ft.) lots. Cul-de-sac lot requires deeply set house location giving only minimum (27 ft.} setback to rear lot line. Floor plan of the house dictates that additions be made only at the back, off the kitchen/dininq area. Addition is to be �2 ft, x 20 ft. living space dictated by door and window location of present house and family requirements." C, ADI1INI5TRATIVE STAFF REUIEIJ: In 1984 the City granted a similar variance to a residence livinn at 8131 Ruth Circle. To the rear of this property is a city park. Some of the park activities include the use of flying objects such as balls and pucks. While the City's Parl: Director doesn't see the sun porch as a vicual problem, he does see it as a vulnerable hazard for various park activities. Tfierefore, if the Board approves this request, it should be stipulated that the City will not be responsible for any danage that may occiar due to park activities. This stipulation should be part of an agreenent that shall be recorded at the County Recorder's office. Mr. Clark showed an aerial photo of the property, Mr. Rech showed the Cormission their building plans. He stated they have no Problem reith the stipulation suggested by staff. Ms. Savage staied sF�e did not have any pro6lem with the variance. The public purpose of the 25 ft, rear yard depth was to provide rear yard space to 6e used for green areas which enhance the neighborhood. Since there was . APPEALS COHMISSION 11EETING, JUNE 24 1986 PA.GF 12 � a park behind this property, the request was within the spirit of the code. Also, a similar request was granted in 1984. � Mr, Barna stated he had no prob7em with the variance request. The Canr�issi�n dtd approve a similar Variance in the area. The hardship had been defined very definitely with a growing family and business obligations that required additional iiving space. Mr, Betzold stated since there was a park in back, they were not encroachinc� on anyone else's space in the neighborhood. As long as the petitioner was willing to take the risk of flying objects such as balls and pucks from the park, he wou7d have no objection to the variance. MOTION BY b7S, SAVRGE, S$CONDED BY MR. BARNA, TO APPROVE VARIANCE REQUEST, VA'R—�6-16, BY pETER RECX, PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY COPE 4U REDUCE TKE REAR YRRD SETBACK FRON 25 FEET TO 15 FEET TO ALLOW A 12 FT. X 2p FS, PORCH ADDITFON TD THE HOUSE ON LOT 4, BLOCK S, BOURDEAU:{'S SPRING BROOK� THE SAME BEING 8162 RU�H CIRCLE N.E.� WZTH THE STIPULATION THAT THE CITY WZLL NOT BE RESPONSIBLE FOR ANY DAFfAGE THAT MAY OCCUR DUE TO PARY. ACTIVITIES. TNIS SSIPULATION TO BE PART OF RN ACREEMENT TXAT SHALL BE RECORDED AT TfIE COUN2Y RECORDER'S OFFICE. UPON A I�OZCE VpTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED TIiE MOTION CARRIED UNANIMOUSLY. ADJOURPIMENT: 190mZON BY FiS. SAVAGE� SECONDED BY MR. BARNA, TO RDJO(IRN THF. MEETIAIG. DPON R VOZCE VOTE� ALL VOTZNG AY$ CHAIRPERSON BETZOLD DECLARED THE JUlJE 24� 1986� APPERLS COMDI7SSSON MEETING ADJOURNED AT 9:25 P.M, Respectful7y submitted, � (/ :-Cni:-xy �-r. � Lynne Saba Recording secretary i. �� FR.ID_LEX CITY COUNCIL JUNE 16, 1986 Following are the "ALTIONS NEEDED" to be taken by the noted Departments. Please type your answers on the TI411 by Noon, June 25 (Disk 03, Directozy 1, Category 26, Appcopiiate date}. Just replace "Action Needed" vith "Action Taken", no need to print it out. Please call Lynda f or any assistance needed. --------------------° -- e Fridley VfSd - Presentation of Donation Patricia Gabel - Appeals Commission and Planning Commission Harold Belgum - Human Resources Commission Dale Thompson - Energy Commission Fridley VFW donation presented. Certificates presented tc Harold 6elgum and Dale 7hampson. f,ail certificates to Pat Gabe1. APPROVAL OF MINUTES: Council Meeting, June 2, 1986 Council Meeting, June 12, 1986 h;inutes appcoved as presented ADOPTI6N Of AGENDA: Add: Solicitor license foz Ptary Soba Proposed ordinance to change a sign code Resolution to assist Winfield Develop;nent for bo ndi ng OPEN FORUPI, VISITORS: (Cottsideration of Items not on Agenda - 15 Minutes} Mary N'.artin appeaced before Council regardinc a comFlaint about the business aczoss fror�. hez home Skinner 6 Brickner real estate signs - adr.�inistratior to contact City Ptosecutor tc issue citf tions for signs in violation of the si9n cooe Council Meeting, June 16, 1986 OLD BUSINESS Pdge Consideration of Second Reading of an Ozdinance Amending Sections of the Fridley City Charter and Adding Section 1.04 (Definitions) . . . . . . . . . . . .. . 1 - 1 M Ordinance No. 857 adopted CITY MANAGER--ACTION NEEDED: Publish ordinance in Fridley Focus Consiaeration of Appointments to Planning, Community Development, Appeals, and Enecgy Commissions . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2 A Tabled to July 7, 1986 meeting CITY MANAGER--ACTSON NEEDED: Put item on agenda of July 7 I�Et�: BUSIidESS: Consideration of First Reading of an Orciinance Creating a Chaptec of the C_ty Code Relating to a Tax Inposed Upon Loriging . . . . . . . . . . . . . . . 3 - 3 F Tableo to next meetino CITY MAN�AGER--ACTION NEED£D: Staff contact other cities regardinc enforcement and projections zor cost of ad�inisteriny, prepare iten for July 7 agenda Councit neeting, �une io� 1700 NES9 BUSINESS (Continued) Consideration of First Reading of an Ordinance for a Vacation, SAV #86-01, Generally Located at 55 - 77th Way N.E., by Leslie Kohanek .... ._� � , , . . 9 - 4 A Ordinance adopted on first reading cnMMUNITY DEVELOPMENT--ACTION NEEDED: Put ordinance on next agenda foz consideration of second ceading Consideration of First Reading of an Ordinance for a Proposal to Change the Sign Code Section 214 of the Fridley City Code . . . . . . . . . . . . . Tabled indefinitely CpMMUNITY DEVELOPMENT--ACTION NEEDED: Tabled indefinitelp 5 - 5 D Receiving the N,inutes of the Planning Commission Meeting of June 9, 1986 . . . . . . . . . . . . . . . . . 6 - 6 I Received COMMUNITY DEVELOPMENT--ACTION NEEDED: File foz future zeferencE A. Consideration of Final Plat, P.S. �86-02, Creekridge Plat 2, Generally Located on Lot 1, Block 1, Hioden Woods; Outlot 1, Gena Rae Addition; part of Outlot A, Dennis Addition; part of Lots 6 and 14, Revised Auditor's Subdivision No. 10, by Richard'Brickner, Tno:,�as Blo,-,:eerg and the City of Fridle}• ........................................ 6 - E� Planning Comrrission Recor�mendacion: Approval & 6H - 6I with Stipulations Council Action Neeoed: Set Public Hearing foz July 7, 1986 Set hearing for July 7, 1986 COMMUNITY DEVELOPME!�T--ACTION NEEDED: F;ake arzangements f or public he�ring Council Meetin9, June 16, 1986 I�E�4 BUSINESS (Continuedl Consideration of Agreement for the Lease of the "A" Frame by School District No. 14 .... Appr ov ed CENTRAL SERVICE--ACTZON NEEDED• Infocm applicant of Council approval Receiving Bids and Consideration of Awacding Contract for Signal System Painting Project No. 167 Paye 4 . . . . . 7 - 7 F . . . . 8 - 8 A received bids- award contract for total bid to low bidder, A1 Erickson, in the amount of $29,243 PUBLIC WORKS--ACTION NEEDED: Infozm appropricte party of Council approval Consideration of a Resolution Endorsing the Effotts of the tdorth Metro Traffic Task Force Supporting Additional River Crossing Capacity Needs and Requesting a Commitment of Resoutces from the State of tSinnesota and the hietropolitan Council to Impler,�ent Responses to Identiiied River Crossing Nee:is in tne North Metro Area ....... Resolution No. 47-1986 adoptcb by 4 to 1 vote PUBLIC WORKS--ACTION NEEDED: Proceed as authorized . . . . 9 - 9 B , . �vEt9 BUSINESS (Continued) Consideration of a Resolution Ordering Improvement, Approval of Plans and Advertisement for Bids for Street Improvem ent Project ST. 1986 - 3 ..... Resolutio;. No. 48-1986 adopted PUBLIC WORKS--ACTION NEEDED: Proceed as authorized Consideration of a Resolution to Cor�ect Error and to Rescind Delinquent Sewec and L4ate� Account Certified on West 1/2 of Lot 3, Lucia Lane Addition, and to Recertify tnis Delinquent Sewer and Watec Account on the East 1/2 of Lot 3, Lucia Lane Addition for the Second Half of 1986 Tax Statenent . Resolution ido. 49-1986 adopted CENTRAL SERVICE--ACTION NEEDED: Proceed as authorizea Appointment: City i]nployee CO[1CULIECI CSTY MANAGER--ACTION NEEDED: . 10 - 10 A . . 11 - 11 B IL Infozr,� accounting of new enployee _ � NEW BUSINESS (Continued) Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13 B Approved CFNTRAL SERVICE--ACTION NEEDED: Issue licenses Claims . . . . . . . . . . . . . . . . . . . . 'Apgroved rFNTRAL SERVICE--ACTION NEEDED: Estimates . . . Approved CENTRAL SERVICE--ACTION NEEDED: Pay claims . . . . 14 Pay estimates 15 - 15 B Consideration of Issuing a Solicitor's License for tlary Sue Sobza . . . . . . . . . . . . . . . . . . . . . . . 16 Approved CENTRAL SERVICE--ACTION NEEDED: Issue license Consideration of First Reading of an Ozdinance to Change the Sign Code by Amending Sections 214.02, 214.05 and '114.15 .. 17 Refer to Planning Commission before second zeaaing COMMUNITY DEVELOPMENT--ACTION NEEDED: Foiward proper ordinance change to the Planning Conmission before second reading Resolution No. 50-1986 Relating To Assisting Winfiel6 Development, Inc., In Obtaining An Industrial Develop�ent Bonding Allocation By Finding That tne Project Site �7oulc; qualify as a Redevelopr,�ent Tax Increment Financing Distict. . 18 Resolution No. 50-1986 adoptea �OMMUNITY DEVELOPMENT--ACTION NEEDED: Proceed as authorized ADJOURN: 10:15 Q.R,.