Loading...
PL 08/26/1987 - 6921City of Fridle� A G E N D A A�ANNIIVG 9DI�MISSION l�EETING WFSNFSDAY� I�UGUSP 26r 1987 7:30 P.M. Location: Co�cil Chamber (upper level) �iZ� :�� �; c• : • ;��U : �h� �. ��,�W � � � �! /4 r �Y PAGFS pnar T� nu7 9':• COKSm TION OF A SPECIAL [1SE PFRMi , �P .#{�7-16. BY R[IDBER RESEARCH• . . . . . . . . . . . 1 - 1Z Consideration of a Special Use Permit, SP #87-16, by Rubber Research IIastaaerics, Inc., per Secti� 205.18.1, C, 9 of the FridlEy City Code, to allow exterior storage of materials and equipnent on part of Lot 1, Auditor's Subdivision No. 79. the same being 4500 l�in Street N.E. �� � u �+:i:v47�7,��:�7:io��,�Fi�Yi�vrii�7�ii��: u �► ��`Lki � N I;� �1,u�vlx:.. . ir : • � �R t • � : ; � • � A/71 � iul .�1 •�� � " 191 RECEIVING THE MINU'!�S OF THE HOUSING & REDEVII,OPMENT AU�ICRPPY MEETING �' JIF,Y 9, 1987 . . . . . . . . . . . . . . . . WHITE RECEIVING THE MINUTES OF THE PARKS & RECREATION QJI9KLSSION t�EETING OF AUGUST 3, 1987 . . . . . . . . . . . . . . GFtE�2�I RE(E1VI[� `iHE PffN[J1ES �' THE APPEALS COMMISSION MEETING OF AUGUST 11. 1987 . . . . . . . . . . . . . . . . . . . . . . . YELI.Ow 0'iHER Bt1SINF5S : . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3B ,�i • •, �� � i. CITY OF FRIDLEY PLAIINIfdG COt4MISSI0IJ I'IEETIPJG, AUGUST 5, 1987 CALL TO ORDER: Chairperson Qillings callzd the August 5, 1987, Planning Commission meeting to order at 7:35 p.m. ROLL CALL: t�ier�bers Present: Steve Billings, Dave Kondrick, Dean 5aba, Sue Sherek, Donald Betzold Menbers Absent : P.ichard Svanda Others Present: Jim Robinson, Planninq Coordinator Jock Robertson, Community Development Director Bill & Donna Madden, 2054 Uesmond Cove, Germantown, Tn. 38138 APPROI�AL Of JULY 22 1987, PLAt�WIt�G COHtdISSION MIIJUTES: MOTION BY MR. KONDP.ICK� SECONDED BY MR. SABA, TO RPPROVE THE JULY 22, 19B7� PLA.NNING CGMlSISSZON M.INUTES AS WRZTTEN. UYON R VOSCE V07'E, ALL VOTING AYE� CHRIRPERSON BZLLINGS DECLARED THE MOTION CARRZED UNANIMOUSLY. 1. iABLED: C01lSI�ERATIOtJ OF A VACATION, SAV n87-08, BY RAPID OIL CHAP�GE: o��--vzce±e t� �foet street rtg t-of-way 3 venue ying nort of Lots ] and 2, 81ock 2, Central View Manor. To allow for an improved site plan for a proposed P,apid Oil station, generally located at 7315 Nighway 65 N.E. MOTZON BY N,R. SRBA, SECONDED BY MS. SHEREK� TO REf40VE THE ITEM FROM THE TABLE. UPOA' R VOZCE VOTE� ALL rJDTING AYE� CHAIRPERSON BILLZNGS DECLARED THE MOTZON CARRIED C1NA1'r'IMOUSLY. Mr. Robinson stated this proposal by Rapid Oil was to utilize the property on which now stands a vacant service station on the northeast side of 73rd Avenue and Hiqhway 65. The proposal was to demolish the station and create a new four-bay oil changing operation. Along with this petition was a request for a special use permit which was recommended to Citv Council for approval at the Planning Commission's last meeting, Nine variances were also recommended to City Council for approval by the Appeals Commission. The special use permit and the variances went to Cit.y Council last Plonday, and all the items were tabled by the City Council ha�e�l upon the undecided status of the �acation petition which was processed along with the other petitions as a package. PLiliJirIiiu C0�`�1�iSSIOF; h�[ETIi�G, AUGUST 5, 1987 PAGE 2 � Mr. Robinson stated the portion of the street that would be vacated was 7s 1/2 Avenue, just north of the property. This particular cross-over did nor h3VA a sLOplight, it was in MnDOT's program and it was MnDOT's inten± to close off tliat intersection, along with modifications to the Fireside Grive intersection. He showed a slide showing MnDOT's propesal, along with a letter frem Joe Katz, Uistrict Traffic Engineer of MnDOT, dated Aug. 5, 1987, o-ihich stated it was f•1nD0T's intent to ctose the cross-over either this year or early next year and also to modify the Fireside Drive cross-over in such a fashion ±o only allo�i for northbound westerly left-hand turns. !1r. Rohinsen stated the vacation request was tabled at the last meeting because of sor��e unknowns, and at this meeting theytave a couple more ansviers to those unk�owns for the Commission. One was the MnDOT timetable he had referred to, and also an opinion from John Flora, Public Works Director, ti�at tfie 73 1/2 Avenue vacation enclosure could happen independently of tt�e extensiun of Uiron Road throu9h the trailer court area and the area could still function adequately in terms of traffic flow. ;"r. Robinsor, stated with those two things in mind, it was Staff's opinion tliat tfie project should be interrelated with the vacation and should go for�:ar� uith tnat aoproval. 14r. Robinson stated stipulations were discussed at the last meeting and were as foldrnrs: 1. Petitioner agrees to submit a letter (to City) petitioning for street excavation for the portion of 73 1/2 Avenue, lying north of the proposed site and agreeing to assessment for all costs associated with sa�d �xca�aat�on prior to publication of vacation ordinance. 2. ilpon excavation of vacated 73 1/2 Avenue, petitioner will install dr•iveway exiting onto service road to east and landscape with irri- gation as shown on City plan dated July 22, 1987, 3. Performarce bond referenced as stipulation #13 for special use permit, SP #87-14, to cover improvements referenced in item #2 above. 4. A drainage and uiility easement should be maintained over the entire portion of the vacated street. Mr. Robinson pointed out that 5,280 sq. ft. of land which would be vacated would go to the Rapid Oil facility. This was a substantial amount of land and would bring the let area from .54 acres to .66 acres. It would also eliminate a variance for building setback from 73 1/2 Avenue from 21 to 35 ft., a driveway seiback variance from 19 ft. to 53 ft, for the northerly driveway, and would make the lot more conforming in terms of lot area--approximately 50% closer to the .75 acres required by Code. Mr. Bill I4adden stated he was the Director of Real Estate for Rapid Oil. He stated that follaving the City Council meeting on P1onday, they went to the site and made some preliminary evaluations o�f the area to be vacated and the workd reeded to be done. They are itoping to see the vacation process PLAIJ�lIIIG CdMh1IS5I0N MEE7ING, AUGUST 5, 1987 PAGE 3 proceed so they can sit down with City Staff and go over the details of the prejec.t. At this time, they have talked �±ith City Staff and have historica]ly agreed ta participate in the improvements of the vacated area. Of course, they have some concerns. In the vacated area, the net-rly owned property, there are three manholes that are signficantly below the existing grades of the�vacant service station now. There are one or two water cut-off valves that showed in 73 1/2 Avenue that are considerably below the station grade as we11. The pump house to the north of 73 1/2 Rvenue was considerabiy below grade at the corner location. So, there were some major concerns about the cost af improving the vacated area of 73 1/2 Rvenue. However, they have said they will go along with the vacation as it will benefit Rapid Oil with the additional lot expansion area, and they are willing to handle the improvements of that area. Mr. Billings stated the vacation and special use permit and all the costs incurred with the whole project were things the petitinner would have to determine as to whether it was economically feasible forthem to proceed with tlie project. Ne did not think these were concerns the Planning Commission had to address in their approval or denial of the vacation request. He would encourage the petitioner to get toeether with City Staff and address the problems the petitioner had regarding the difference in grade and the costs fnvolved. MOTZQ*7 BY DIR. KONDRZCK, SECONDED BY MR. BETZOLD� TO RECOMMEND TO CITY COUNCZL APPROVAL OF VACATION� SAV N87—OB� BY RAPID OIL CNANGE� TO VACATE TXE 66 FDOT 52'REET RZGHT OF WAY (73 I/Z AVENUE) LYING NORTX OF TATS 1.AND 2� BTACK 2� CENTRAL VTEW MANOR� TO ALLOW FOR AN IMPROVED SITE PLAN FOR A PROPQSED RRPID OIL STATIOA', GENERALLY LOCASED AT 73Z5 XIGHWAY 65 N,E., WITH THE FOLLOWING STIPULATIONS: 1. PETITIONER AGREES TO SUBI9IT A LETTER (TO CZTY) PETITIONIN6 FOR STREET EXCAVATiON FOR THE PORTION OF 73 1/2 AVENOE� LYING NORTH O£ THE PROPOSED SITE AND AGREEING TO ASSESSMENT FOR ALL COSTS ASSOCIATED WITH SRID EXCAVA270N PRIOR TO PUBLTCATION OF VACATION ORDINANCE. 2. liPON EXCAVRTION OF VACATED 73 I/2 AVENUE� PETITIONER WZLL INSTALL DkIVEWRY EXITING ON20 SERVSCE ROAD TD EAST AA7D LANDSCAPE WITH IRR76ASION AS SNOWN ON CITY PLAN DRTED ,7ULY 22, 198�. 3. PERFORtdANCE BOND REFERENCED AS STIPULATION i{I3 FOR SPECZAL USE PERMIT� SP #87—Z4� TO COVER ZMPROVEMENTS AS REFERENCED ZN ZTEM i�2 ABOVE, 4. R DRAZNAGE AND UTILISY EASEMENT SHOULD $E MAINTAINED OVER TNE ENTSRE PORTION OF THE VACATED STREET. Mr, Kondrick stated he was recor�nending approval based on the letter received from Mr. Katz announcing MnD07's plans to vacate 73 1/2 Avenue anyway. Mr. Betzold stated he would like to discuss some of the points brought up at the last meeting when 14r. Grossman and Mr. 5chrader were present. They were making the objection to proceeding with the vacation, not knowing hai it would affect their property. He stated he wished the Planning Commission had voted on the vacation at that time, as he did not accept ---_ __------ -- --____� __ . _ - �_- --_ _-- ---- PAf,E 8 FLiIiiNIiJG C01'�i1ISSi0fJ i4EE7Iid�, AUGUST 5, 1987 �+�nt and Lrick house with quite a bit of historic value to it. The �;±,,'� �r�posal o-+as to remove the walls and roof, but retain the ;our�dat-ion and the fireplace; and the� turn it into a picnic-type srelter that �rould resist vandalism but would help preserve some of the historic value of the house. t�1r. Kondrick stated the Parks & Recreation Commiss�on had d{scussed the�r desire to have restroom facilities in the park, but were told by ?tr. Volkman that because of the house being in the floodplain, a rest- rocm facility in the Findell house would not be feasible. Hrn�+ever, it m,iyht be Fossible to have a restroom facility in another location in the park. They also talked about storage, but that also did not seem feasi�le for this particular building. t�r. I:ondrick stated some of the uses proposed for the new park were: canoe/boat launch, passive areas, picnic areas, fishing area. He stated �e really felt tfie park had a lot of potential and was going to be a great facility. Mr. Saba stated he would like to see this park not rushed into and that time be spent to really make it a class A park. Maybe it would be beneficial to apProach industry to sponsor some facilities there. h1s. 5'r�erek stated she thought the City sfiould loak at some corporate spor�sorstii p. Mr. Saha stated he felt this park was in line with what everyone was trying to do with the river in the State of Minnesota. He stated maybe �ha City s'iould also consider findin9 someone with some experience in park development v+ho would draw up the park design. Mr. Robinson stated that Planning staff was working on some alternative concepts which could be reviewed later this year. Mr. Robinson stated he did not envision any intensive development in th:s park--they want to keep it more rustic and quiet. Right now the current concer� was the Findell house. They want to do something before it is vandalized, and also right now there are no funds for any renovation of the house. MOTION gy MR. KONDRZ000 DUP ODEDHEYBUDGETETOQMRXETPHESNECES5AR�UREPAZRS TO LO�K FOR$5,000-6� ,ri1dD REftOVATION TO THE FZNDELL HOUSE IN TNE RIVERVIEW PARK RREA. UpQN A VOZCE VOTE� RLL VOTZNG AYE� CHAIRPERSON BILLINGS DECLARED TxE N,pTION CARRIED UNANIMOUSLY. ■ FLP;f�ld?IdG COr;�1:5510_� I+�,EE?ING, AUGUST 5, 1987 PAGE 9 11DJ0UP.�lf^,Etd?�: P:O_IU.i dY' 1�'R. SA'i-'v, StCONDED BY MR. BETZOLD, TO ADJOURN THE MEETING. UPON A V_^ICE 'JOTE, I�L i'OT7."dG RYE, CHAIRPERSON BILLINGS DECLARED TNE AUGUST 5� 1987� PL.174?iiliG CG:dIdISSIUN MEETING ACJOURNED AT 8:50 P.M. � Respectfully submi;ted, i� ; �� %� � � ;i/ ^.' .�. .�� . :�- -�� L����Tle dtJZ °�_ - Recording Secretary , _ ---��°--- — PUBLIC HEARING BEFC)RE ZfIE PLANNII� OJbPSSSSION Notice is hereby given that there will be a Public Hearing of the Planning Coirniission of the City of Fridle� in the City Hall at 6431 Lhiiversity Avenue Northeast on Wec3�esday, August 26, 1987 in the Council Chamber at 7:30 p.m. for the Fur�se of: Consideration of a Special Use Permit, SP #87-16, by Rubber Research Elastanerics, Inc., per Section 205.18.1, C, 9 of the Fridle� City Code, to allaa exterior storage of materials and equignent on part of Lot 1, Auditor's Subdivision No. 79, the same being 4500 Main Street N.E. Arry and all persons desiring to be heard shall be given an opport�ity at the above stated time and place. STEUE BIIS.INGS C�77A7RNFIN PLANNIN� OOMMISSION Publish: August 10, 1987 August 17, 1987 �n SP #87-1E Rubber Research Inc. CfxO Ccrporation 1400 Kensington Road Oak Br�olc, IL 60521 MAII,ING LIST Plaruiin; 8/7/87 Council Rubbe� Research Elastomerics, Inc Daoud G. Housef 4500 `9ain Street N.E. x. N. Hayat Fridl�y, MN 55421 4533 Main Street N.E. Fridley, tM7 55421 Safe san Conq�any 4650 Main Street N.E. Fric` ley, NLV 55421 Hor.�yicead Products 25 - 44th Avenue Fr dley, PIIv 55421 Ar �rican Oil Col�any 4 40 Viking Drive N _nneapolis, NID] 55435 oseph Paaers i40 - 46th Avenue N.E. rridley, MI� 55421 Charles Lindskooy 4548 - 2nd Street N.E. Fridley, P�A7 55421 City of Coltmibia Heights 59D - 40th Avenue N.E. Col�nnbia Heights, t'II�] 55421 Roger Frankie 4544 - 2nd Street N.E. Fridley, MN 55421 Greg Pliller 4540 - 2nd Street N.E. Fridley, MN 55421 Nonnan kc�seth 4532 - 2nd Street N.E. Fridley, MN 55421 Ruth Evans 4528 - 2nd Street N.E. Fridley, MN 55421 Fddy Tailson 4526 - 2rid Street N.E. Fridley, MN 55421 Ivan Ficenko 4524 - 2nd Str2et N.E. Fridley, MN 55421 RoUert 0'Donnell 4543 Main Street N.E. Fridley, NII�7 55421 Frank Kozlak 4512 - 2nd Street N.E. Fridley, NIIv 55421 I.ee Johnson 111 - 45th Avenue N.E. Fridley, MN 55421 Alexander Langiewicz 101 - 45th Avenue td.E. Fridley, MN 55421 Rd�ert Keisling 4513 Main Street N.E. Fridley, P'R�i 55421 Ronald Stromberg 4523 Main Street N.E. Fridley, MN 55421 Bruce Herrick 4551 Main Street N.E. Fridley, MN 55421 tlichael Zachar 4573 Main Street N.E. Fridley, NIN 55421 Resident 4571 Main Street N.E. Fridley, Mtd 55421 Resident 4591 Main Street N.E. Fridley, MI�; 5542I' Leonasr3 Olson 4567 - 2nd Street N.E. Fridley, DiN 55421 : I� � � z � � � f// � � i �-�—__ fy_i �- _. — _ _ _ s�/— —. n � ; h ' �� ,, z• Q � , ' � � V 0 � � � � � ___—� 4 2 3 O �__-_t' I r, -- - O Z J I � � m i —16/' �y ' AI ■ .- SVIBDIVISION (,u�,r.wJ .......' L 9. c :........ . —____'�___—___— .......�.n� ..00_�.�_u � ..... °�� 7 9 I ;,�,W .�� � z� a a • � ��e 3�� O N � • `i� E ,�i'- <`°�' � -i ,. � j�� Rs;iead Ac�.no_=.r� c a / __ :�, �; c �oa � L' ......iiu�.___ C.i-Li/ia9P O D1' N�. N/. - 5� """"...../-Mf.61'........... (fa«�FEN� \ ' f J 9 � .' r� \ I.I � � � o� S. E. CbR LOCATION MAP 1C i r� � F'� : � t � F � � � �^ f`� � . � ,� N ,; � � -,- / , � � . � , ,�' • F� � : ? ' '�1 �- : <,� 5... �� � ti '""� � t �": .� t . ,y_ � . � � , �,� `> � V� �� � � . '� _ �� � � _ . �� :� •• 3 _ � _" � � j ``^�' � •:.� . � , ._� -.:.; � :., � , � Y` `� c- .:r �-_ . � � � � UD,lT0�7' i - , .� . w , . 4�_fJ � } '_ � v , a `,J :..` � s � �� 4�� . ,_; � . 1� 1 w ,I '� �1�1 �. �� � �����f'-��Nr' ' �� � �� � �, � ~- , k �� �� �-� �--'� / ��.���. �-- N� 2 4 � '_ ��� � a ¢ ` � � � � i �/ij��-�� _� ' � � i .. � - �-1 , �„ � ��,r,,� --_ �a , � i ,8i ; � � �r - ; '�95�/: / � �-- �! %�/ !/ - J ` > If _ l---� - --- t- - � �! r— � � �� � k i �� � ZONING MAP w� `__." ' I �_ � Y t. i �,,._, ', � _,a , , �� s ';�� � � r2 �1 ' .., . . ....�.. ' -_ - _.J__"_�".,.'1 1 h � � I n � � ' o � q , l' if H < -( `�.'i � � .F . —�i� .��— —_._ �.C' i jf¢' ��' SrlSwd' ,.�„ -- •�26,1 ] �' . � lE �__ , _. � � �'•- . . ___- _.___. . _., _ `� �� Bi.��reo 0.:.. I �— . — _—� -- -- \' I � `-F 4r � '315�00 � w"..` � �K] 35 �j I i � I t f 707 - � m--�.' i � � , . � �� � � � . cuqe,, aoss : � 2 � �� C $.. ..i- w_•�� • ��. __._ _._--'I , .rmi) i •� J �J .. . i � I ; 1 f; E3`; � u... �-- ., I�'I �' . '� � . � '.. � ` � i Y _ � 10 O� C' � ( ;:� � � 1 Ste ' . ' �r 1 i .. � _�� - � ti v- ' r , 7 _znkt.l Bu,ia,ny d , . . ._ ... : ✓ ° _ 1 � �� ,� I . _ �, . '; ✓�7:.1. r.a �� 1;:i6 - � m ��! m A_+ e_ I� -1�.! � . - ', "ir y ti a w� �o — � T � , . � � N � (,f I � II , I 4I � � i ; l .. . . .. -' .. ---_��. - - .- ._i __ ... ._ -_ _' _ J —e---.- .-�_ _.. __ . _� � I . . I� �i �:� _ '>x� . - ..�. r.. .. ...9 . , i ,_ . �` � ; ..._., I � _ .. . . � -.- _- . . - - � - �h � �t _ - _ _' � c...,e. � ` faa. s .. w. .✓ c. _ ..,r. c,. R_. n. �, •s i m e__• ���.r 0.� � I , i 7 w � }.'�' .,�a - - , . ._ .. .. _ . . 30.09: ,.. . .... .. �.� �_�.., •. ,,,..� i...� �� i �....�„ � .:......� --�« ' ' � ��.y� r� f..� r M1.�.i.� MiY .'. SITE PLAN 1F � �r � � � � � � � l �� � k :�� � ' ♦ � �tY� ° 4� ��°] Y � �'. � � � '"¢e' � I f_rj � o . Mii.v �'^ � . ., t -: . - -��i�� � t3: 'Z � . ' s �,� 13. ~� �, .,�` . ' �. .o'y � i , �' ;:X: ''� ' .,� � � % '-•' � `;f,�, ,. . �'�1 a �� ` �: � S �.. . f � � ly _ . _ . � �.7 , �1 . 'AI � � . .._a'y'.�' -�, .'r� �. :: � ._.� S �y F 3 '� i : : 2 ��� V Y �i ?` '�.�. ; __� ��� � � `�' :• 'S �t '1 � k ,��i°a'! .��_y. � �.�`7 � t • r . � � � G � <;r'i� � `l}s�) t�`'�4' �._: p�- y �� ' ` � . 1 : � " ,F; �•Y"' i' � r'� �� �T � i�''C,�� �t" i� .d�r,t" t j � :y (' � � �a 1��� � � . . M � ; ] t .—� C'�' _ �' . . � � �' , "h}�' �'� � �; � . d-'1 • !eG l �'* ' 3 :�, -i ,� � ry � � ��� ^ . , � _ y�?= M � ., .j . � ,_.. '' .r ,.�d� � . _ . .• � 1,,. � f .� . � f[ � . ,+ �' P� �'r i71, �i �- i�� .a��y :`/'/;'I" .4,,���:�/� �°�� : 4 � ' 11� . I a �j��i j_ ,-� :/.� /�d 1 ,, t �" ' 1 ' � � _ ', j` � �t�'� �'+ a *, ���;a'avi�01 =. , . � _ ( q(. � +., ��• � Y,!, � �r� Zl "l i t' ' � �� � 0 �F� � �q'.n' i �r . 4 I �~• 77J i,1�i ��" _�_�� ��• � � � i � '' y �g ._� '�'9 .,� �- -++-- ^` t_ � ,.,,r* <" A �� } . ` _ �,-+„ � � J � , � L �i .>,~- �. .; ' ,� ;; i 2 . ,' �¢ ,7.-_�,.,r� , r„ � -� �,��, .,z, ` � ; I. —� ,s�_ �"i i -° ;w d"� . i � � � '. �,ry,� 1;� _ � - . � . � � s ' 1 �n�� �� ��� � K%A � 1 t �'hr ' � x i • -.i ��� � � ' � _ .` • _ � I Y - '� _ .lQ�.� � 1�',��N�l.� `-�1 � �•1 �L-� j € I �' � f��._. �� SA •� �� ` �i, ��.. ���, ,h�, _,t �'��y� �q� ���',. '� � � . :.. � �Y� ���9 �� � � '•. �� '- � ;'r � . �i 1 ' : �F ' � �' ~� � ��L�~�� ■ I'� � _� �,� =� 7 , :.. i : � •^' • ,,� ��� n ' � � � - � � ���fl. � �' • �.. � . 1i�-� A , ..r . �. , , . . '. �" '�i,4 ."'�(�' . � F _ _ � .. 4�a�es�- : 1' r �-. � . s,fa%��. ;�,i . � r f V . � . � F ' ,; "t"7 't r �.q • . � �j� .J� ' � . ' -� � Q , p..' 3 ��`� ��a. ,,, � ��'�4. � �y'�y L �p: } 1 •� � iY.�ij � ' • �T� f. p as ry ` � , .. \ F•� �� � . I �' 1� �+ � , ; � � �� � d�p � . ���.ss�_ 1 �_.�"� i� �--. �, _�_ �. �..� _ AERIAL MAP 1G ,- � R f _ CITY OF FRIDLEY CI\'ICCt:\ll(H • h-1)I l�Xl\"f�:RSITI' 4�'E.N.F. FRIDLEI'.\11\'1F?S(7T:15533'_ • PHOKh:�hl'_�5?I-34i�� May 19, 1987 Idibt:r Research Elastomerics, Inc. 4500 t+l�in Street 2r.E. Frid1E}�, M: 55421 kE: Non-Compliance of the Fridle}� City Code at 4500 Flain Street N.E. Dear D,.ner: On P1ay 19, 1987 it was conficmed br� an orrsite inspection that the propert}� at 4500 N�in Street t�.E, does not meet the s.inimiun standards necessar}� to saintain a glEasant and prosperous suburban environment. While major code reauira��ents are satisfied, the following item does not comply with the performance stanoarcis of the City �oe: 1. Approxi�ratel}� 10 ser„i-trailers and approximately 100-55 oallon drur;.s stored outside in the open. Tne Fridley City Code cequires that all �raterials be kept in a buildina imless authozized bY� a Special Use Permit tI have enclosed a copy of the City Code pertainino to the exterior storaae of naterials). Therefore, we require that you either remove these materials from the site, store thgn in an enclosed structure or apply to the Cit}� for a Special Use Permit. I imoerstano that there Ra}� have been sane extenuating circw�stances for thi� to have occ�rred, howet�er, your quick action to �rrect this situation woulc be a great imprwa�ent for youc pcoperty and the es�tire oor2r►u�ity as well. M inspection will be conciucted on or about June 1, 1987 to determir.e oompliance. If you have any questions or concerns, please feel free to contact me at ti�e Fridley Civic Center, 571-3450. Sincerely, Ik3r��1 Morey Plannina Assis:ant TM/ Inn C-87-228 Cit�� of Fridley aT THE TO� OF iME tWINS ;. . . ' ' COMMUNITY DEVELOPMENT DN ' i y"""-, % � PROTECiIVE INSPECTION SEC i . ; � � � �-.-.� � "'��•i CITY H�LL FqIDLE� 55�71 612-571-3450 >�b.E�, BUILDING PERMIT NUMBER PfV D�iE p1GF 0� 910-F15 12/22/86 / / ioe�oonESS 4500 Main Street N.E. � IEGA�_ LOTNO. BLOCK 1RALTORAODITION oesca Pt. 1 Aud. Sub. #79 � PROPERTVpWNEF MAILAODRESS Rubber Research Elastomerics 824 - 9th Avenue S.E. Steel Structures Inc. 821 - 9th Avenue S.E., Mpls � •ALMITECT OF DESIGNER MAIL AODRESS Heise Vanney & Assoc. 119 N. 4th Street, Mpls. 6 i 8 OF BUILDING Office/Warehouse i5 OF WORK - NEW � ADDITION :RIgE WORK Alterations & Loading Ib ck 9 CHANGE OF USE FROM C� ALTERATION ❑ REPAIR 1H P � �U7/ � j �i �- � ��vPpvEJ Bv SEEATTqCHED SHEET vHONE PMpNE 4CENSENC 623-1000 PMONE IIGENSE NG 339-2722 PHONE LICENSE NO G MOVE ❑ REMOVE S7IPULATiONS Submit engineering drawing on roof system. Separate permit necessary for underground storage tank. Loading dock must have a fire protection system. Need information on train tanker car on cradle to determine hazard. Provide handicap building access. Loop watexmain at the tune the next building permit is taken out. Iandscaping and hard surface parking 3� with curbing to be installed, by June l, 1988 or with new office building, whichever comes first. Automatic sprinkling for front lawn to be installed with landscaping. Landscaying to be installed per modified plan by City dated 12/9/86; to include both properties resulting from subdivision. Provide City with copy of certificate of survey. Park fee of $5,109.50 paid with this permit. Construction approved tn grade only until $15,000 perfozmance bond submitted to City. SEPARATE PERMITS REQU(RED FOR — WIRING, HEATING, PLUMBING AND Sl�tic �� SEPARATE PERMITSARE REOW4E0 FOR ELECTRICAL. PLUMBING. HEATING, TVPEOFCO VENTILATING OP AIR CONDITIONING. -�- TMIS PERMIT BECOMES NULL AND VOID If WORN OR CONSTPUCTION � AUTNORIZED IS NOT COMMENCED WITHIN 60 DAYS. OR If CONSTqUQION ZONING OR WORK IS SUSPENOED OR AB4NDON[D FOR N PERIOD OF 170 DAYS AT RNV TIME AFTER WpRR IS COMMENCED. NO. DWIG � MEREBY CERTIFY TMAT I HqVE READ ANO EXAMINED THI$ APPLICATION AN C KNOW TME SAME Tp BE TRUE ANO CORRECT. AL� PROVISIONS OF LAW$ ANO ORDINANCE$ GOVERNING TMi$ TVPE OF WOFK WILL BE COMPLIED N'iTM WMETMER SPECINED HEREIN pq NOT. THE GRANTING OF A PERMIT DCES NOT PRESUME T GNE AUTNORITY Tp YIOLATE OR CANCE� TME �AOV15:04 pF ANY TMER $TATE OR LOCAL LAW REGU�ATING CON� TRUC,[i R TME ERFO AN O�ONSTqUCT10N. � �Z-�9-�'� � � �'� CQ �g c•CaoaaL•..caZE��GEO� ,�erE, ��✓uv( uICJ l�.l. UNITS $90�OD0 IMIT FEE $403.00 -_ ...'-'••..w• v�i,uvqNCYLOAD SO.FT CU Fi OFFSiqEET PARKING $TALL$ GARqGFS SURiAX , $45.00 Paid L None �*a�:eE 5448.00 + Park Fee r --.n.�.��n.�- __ � C.� � .�+; • 1 _y�' s —Z— � NpR,*+Y I �ufi� ! '-' �e' � — . �� � ' ' Fu���E i2-t�Rr � I P�RY,�n� � 22-10�51h1L5 � � 3 -�AGKB �R�RY - --� ` �� - — . � 1'"1_ " - �� � : ��"� ,l� � _q w}o�,�n1 ��+G ivz� a•s �-�� � � \� I 4 k.tc-�p� �EY I ] bP.E��7 /-�k . � ��� �+� �k' 111 ��! , `� �� � . : .' ���I� ln � r � �' � T I L 1 � i � 'if-` ! � �� �� ; I' ' "V� i !�I i � �uaaER R�s�a�+r ��STo; ►��s, �n�. � �Nnv dF° PI b+V 11 - ac, ��:��a: - � e � 9 flJ;,i+7 :CvE — �� � .. _ il -'Y'."r1 ,�� . • ._.. � � �ri7 � �1 i y�/i!'" ; I ,� �)�/,.� �t;�y- � � � V ���,. V r� ti��.�'` I G � G� -�' �"� 2, - � , � �. , � CITY OF FRIDIEY NGUSING & REDEVELOPl4EtdT AUTHORITY MEETING, JULY 9, 1987 CALL TO ORDER• Uice-Chairperson Schnabel called the July 9, 1987, Housing & Redevelonment Authority meeting to order at 7:08 p.m. ROLL CALL: Menbers Present: Uirginia Schnabei, Duane Prairie, ldalter Rasmussen, John t4eyer, Larry Commers (arr. 8:10 p.m.) Merabers Absent: f�one Others Present: Jock Robertson, HRA Director IJasim Qureshi, City Manager Rick Pri6y1; finance Director Julie Burt, Asst. finance Officer Jim Robinson, Planning Coordinator Dave IJewman, NRA Attorney June & Louis Lundgren, 1140 t4innesota B1dg.,St. Paul Gerald Sunde, Sunde Engineering Barry Warner, 8arton-Aschman Russell Jacobson, 327 W. Lake 5t., Chisholm, �1n, 55719 APPRGVAL OF JUNE 11. 1987. NOUSING G REDEVElOPf1ENT AUTHORITY f4INUTES: MGP_TOM BY MR. RRSMUSSEP7� SECONDED BY MR. MEYER� TO APPROVE THE JUNE lI� 1987� XOZISI.NG & REDEVEIAPI4ENT AUTNORITY MINUTES AS WRZTSEN. UPO^1 A'v'OICS VOTE, ALL VOTING AYE, VSCE-CHRIRPERSON SCNNABEL DECLARED THE MOTION CARRIED Ub'RPIIMOUSLY. 1. COIJSIDERATIOf� OF L011 LUNDGREIJ'S LET7ER OF CREDIT: Mr. Lundgren stated that since the last HRA meeting, he had ','�lt the need to get some additional help in terms of trying to get the financing lined up, particularly in terms of how to present it to the various kinds of investors. In order to help do that, he had obtained the services of Russell Jacobson, who was aTso at the meeting. He stated f1r. Jacobson has a long experience in terrs of planning and in terms of being on the government side of 6-7 comnunities throughout the country. Mr, Lundgren stated he has known Mr. Jacobson for about 70 years, and P1r. Jacobson was very creative in assenb7ing numbers to be presented to investors. Mr. Lundgren stated they (not only their development team, but also the City and the HRA) have come to the pre7iminary conclusion that their best interest at the present time was probably in the direction of a taxable bond issue for both Phase I and Phase II. He stated he had a meeting with Miller � . HOUSIfdG & ftEDEVELOPME��T AUTHORITY MEETIP�G, JULY 9, 1987 PAGE 2 Schroeder at 10:00 a.m. that morning at which he presented to 11iller & �chroeder the general information of the entire project, the market feasi- bi1ity o` the roarket rate of the six-story apartment building, and cash fl�w: projectians prepared by Mr. Jacobson. Miller & Schroeder has expressed some interest in the project, and that interest was expressed in a letter which the fiRA members had received a copy of at this meeting. He stated there e+as nothing in the letter that suggested any commitment of any kind, but Miller & Schroeder has said they would be dealing vrith the numbers gi•,�en to them and will come 6ack within 7-10 days with a number of alternative ways of possibly doing the project. Miller & Schroeder said that if they felt they could do the project, they could do it within a period pf 4-6 weeks. fAr. L.undgren stated he felt that was a very optimistic timetable. Mr. Jacobson stated he has been involved in city government for the past 16 years. For the past 7 years, he was with the City of Virginia, Minnesota, heavily involved in economic development finance, tax exempt community develop- ment action grants, revenue 6onds, and related aspects. He resigned from the City of Virginia and has opened up his ow� office in private financial packaging, municipal planning, as well as some real estate development. �4r. Jacobson stated he felt the first two phases of the project were very inter-related and interdependent for the overa?1 success of both of them. The project has produced some major interest on the part of Miller & Schroeder, After going through the nuirbers and looking at the site, he felt there was a strong possibility they will be able to obtain financing through Pliller Y� Schroeder. Mr. Meyer asked Mr. Lundgren if he had retained �1r. Jacobson only for the f+liTler & Schroeder effort, or had he also retained him to pursue other activities if t•1iller & Schroeder does not finance the project? Mr. Lundgren stated he has retained �dr. Jaco6son to help solve the financing problem, so his efforts were not limited to Miller & Schroeder. Ns. Schnabel asked about the other possible financial backers that t4r. Lundgren has discussed in the past. Mr. Lundgren stated there were at least two "savings and loan" type of con- ventional financiers still open. Mr. Newman asked Mr. Lundgren if he had talked to any other underwriters other than Mi71er & Schroeder, and did he have any plans to talk to other under- writers? Mr. Lundgren stated he and �dr. Jacobson would pursue anywhere they found an interest. On the other fiand, they were going to give Miller & Schroeder time to get back with a"yes" or "no" answer. Mr. tJc��man stated it was not uncommon to be shopping for more than one under- writer at one time. Ne stated this predicament has been going on for about HOUSING & REDEVELOPt�1EfdT AUTHORITY MEETIIJG, JULY 9, 1987 PAGE 3 a year now, and if the HRA decided not to act on Mr. Lundgren's letter of credit, he would encourage Mr. Lundgren to consider shopping multiple under- writers at once because of the time limitations involved. f4r. Lundgren stated he appreciated that suggestion and would appreciate any specific suggestions as far as underwriters. 1�1r. Rasmussen asked for Staff's recommendation concerning whether or not to call the letter of credit. 11r. Robertson stated that since there were no other developers at this stage yet, he would recommend that the HRA delay any action on the Tetter of credit for another month in order to see what happens with Miller & Schroeder. IJo action was taken on the letter of credit, and the item remained on the table. 2. PRESENTATIOfd OF UfJIVERSITY AUENUE CORRIDOR P1EDIAPJ TREATMENT PROPOSAL BY BARRY J RtER F B 5 H N SS CI IO , I . Mr. Warner stated that last year at this time, Barton Aschman participated with a committee of citizers and business peop7e to establish a corridor master plan for University Avenue That established a direction and a design theme for basically the right-o+-rray treatment and abutting parcels primarily to enhance the image. Subse,uent to the preparatioh of the master plan, one of the topics that continuec to have some discussion was the exact median treat- ments--��rhat couid be done, what was possible given t4nD0T's design constraints. Qarton Aschman was retained by the HRA to pursue various alternatives--some moderate level enhancement treatment to a treatment much more significant. P1r. Warner stated he felt it was appropriate at this meeting to start out with a group education process so they collectively understand the possibilittes that could occur within the corridor and also some of the opportunities, talk about some group goals and objective goals, and then visit some other corridors that have done some median treatments so the HRA can understand why or o�hy not some of these median treatments could be adapted to the Univeristy Avenue median. After that, they would go back and visit some of the alternatives prepared for both the rural and urban portions of the roadway. He stated he would welcome any questions during the presentation. Mr. Warner stated one of the most important things the decision makers needed. to understand was what they are trying to ascertain with any treatment of the median. What, as the result of any investment, would they be getting out of it? Mr. Warner gave the folaowing presentation: Fridley's t'ledian Design Goals? . A. Improve community image when viewed from University Avenue B. Provide a distinct community image which contrasts abutting cities HOUSING & REDEVELOMENT AUTHORITY MEETIN6, JULY 9, 1987 PAGE 4 C. Provide an attractive "front yard" setting for University Avenue businesses • D. Set an example of the community's pride • Mr. Warner stated the HRA members should think a6out what they personally think the goals are and possibly write those down so that when they begin talking about the alternatives, they can test the alternatives back to see if they meet the goal the HRA members think it should. Mr. Warner stated one of the things they learn very quickly when they deal with median treatment was that there are many differing agendas for the median. The roadway obviously has as its primary function the requirement to carry vehicles and transport goods in a safe, concise manner, and that was certainly MnDOT's primary objective. Factors Which InFluence Median Design A. Median and Right-of-blay Width B. Roadway designation (i.e., state trunk highways) C. Drainage design - urban section - rural section D. Overhead lighting - none - median - side E. Design speed F. Traffic volume G. Clear zone/recovery zone H. tJumber of lanes/shoulders I. _Future maintenance J. Construction cost/funding opportunities K. Liability Mr. Warner stated it was very important in front of all the alternatives that the HRA have a firm understanding on what they could and could not do. NOUSING & RE^vEVELOPP4ENT RUTHORITY �1EETItJG, JULY 9, 1987 PAGE 5 Median D�si�n Elements: A. Roada�ay surface (lanes and shoulders) B. Drainage design C. Lighting - optional D. Ground cover, i.e., turf E. Landscaping, i.e., shrubs and trees F. Required protective barriers G. Traffic signals and signs Mr. IJarner stated he would show some slides of a few other projects in P4inneapolis of some median improveraents in order to give the NRA members an opportunity to see what has been done. f4r. Warr,er stated the last part of his presentation was illustrated on draw- ings showing six alternatives for both the rural sections and the urban sections, going from moderate level passive-type improvements to more aggressive improvements. (lir. Commers arrived at 8:10 p.m.) Mr. ldarner handed out an information sheet entitled, "University Avenue 14edian Alternatives - Fridley, Minnesota, General Cost Implications." Mr. Warner stated that irrigation was included in the more aggressive alter- natives which involved raising up the median with a Jersey Barrier; otherwise, they could get by without irrigation. He stated that irrigation would cost approximately 75�/sq. ft. P�r. Robertson stated no action was needed at this�meeting. It was information for the HRA members to think about and make any comments. Mr. Warner stated he would reduce the drawings showing the six alternatives, make copies, and send these to the HRA members. It would take about a week. Mr. Rasmussen stated his main concern would be the cost of main�enance for any median improvements. Mr. Warner stated that lighting visually makes a very strong statement. On the other hand, there was also the traffic and safety question.and both �4nU0T and the Public Works Department were interested in participating in that decision. lighting did not always equate to safe roadways. With traffic counts increasing, they might see lighting as a more attractive feature. H6USIt�G & REDEVELOPt•1E��T AUTHORITY MEETIPlG, JULY 9, 1987 PAGE 6 Mr. Robertson stated they have some schematics of potential acquisition and redevelopment of the northeast corner of 57th and University, the southern inter°section of the urban demonstration section. He would defer this to later in the meeting. 3. LAY.E POINTE CHAfdGE ORDERS: a. ArUitration Payment Change Order b. Arbitration Agreement Proposal for Mining Sand P+lr. Robertson stated the total award for the arbitration proceedings was $123,363. It also included a rate to be charged if sand would have to be imported from off the site. On Friday, June 19, Staff inet with the City Attorney and Mr. Enebek and his attorney, P4r. Svoboda, and discussed the arbitration award. In the second paragraph of a memo dated June 26, 1987, to Mr. Qureshi from Mr. Flora, it stated: "As a result of the dis- cussion, it �aas agreed that a change order �aould be executed for the payment of the $123,363. Award included within that change order would be the agreement that any sand mined outside of the perimeters of the contract, excavations would be accomplished at a rate of $1.00 per cubic yard and the replacement of compacted sand at 5.25 per cubic yard." I�r. Robertson stated it was agreed at this meeting that the City would noi import sand and would use the sand on site in various mixtures with other soils. He stated they asked Mr. Sunde to attend this meeting to explain how this can be done in terms of completing the job without importing sand. 1�r. ueraid 5unde stated that in the arbitration, the arbitrators indicated a set price for on-site sand and for mining off-site sand. So, the prices were quite different--quite high for off-site sand. It was their plan to complete the hotel pad, which was the one remaining pad that required sand, by using sand within the excavation limits as shown in the plans and also by on-site mining, but they do not plan to export any sand off-site. f�r. Sunde stated he believed they would need about 20-40,000 yards of sand. Mr. Meyer stated he questioned the language in tAr. Flora's June 26, 1987, memo stating: any sand mined outside of the perimeters of the contract, excavations would be accomplished at a rate of $1.00 per cubic yard and the replacement of compacted clay at $.25 per cubic yard." He stated it took a lot of extra work to compact clay properly with sand, and 25¢ per cubic yard was pretty cheap. This was rather unusual language to convey the fact that this was providing clay compacted in place for 25d per cubic yard. Mr. Corruners stated he felt Mr. Flora's language was intended to be a clarification of the actual arbitration award. , HOUSIIJG & REDEVELOPMENT AUTHORITY t4EETIP�G, JULY 9, 1987 PACE 7 Mr. Sunde stated the language was quite clear in the "Award of Arbitrators" (agenda page 3-C) which stated: "Mine sand fran areas on projeci site not presently planned to be excavated -$1.00 cubic yard (excavated volume)." � t4r. Newman referred the HRA to agenda page 3-0 which was a summary of the discussion which the City received from Mr. Enebak's attorney dated June 19, 1987, outlining the understanding of the agreement. He referred to paragraph 5: "in order to facilitate measurement and payment for the sand mining and clay compaction fill in those areas of sand mining, the City will issue a change order directing Qayment for mined sand at $1.0� cubic yard (excavated volume) and for clay replacement and compaction at 25¢ cubic yard." Mr. Meyer stated he was very concerned that there not be any misunderstand- ing bet�aeen the City and the developer, which has been the problem in the pas t. Mr. �leyer stated if their big objective was to make the hotel pad class A sand 6y taking sand from Pad A, was there something in the contract that said that was what the developer expected the City to do? Mr. Commers stated as he understood it, when Mr. Flora interpreted the arbitration award, his interpretation was ambiguous. Were they going to get other ambiguous interpretations of that award, or did they need a change order signed by everyone to make sure they all were in agreement as to wliat the award said? Mr. tiewman stated that what he understood the NRA members ta �� saYina was they were not challenging the wording of the award b�t were questioning the wording related to the future work. At this time, he would recommend the HRA authorize the payment of the �123,363 to Enebak pursuant to the arbi- trator's award, but they could get some clarification on the language regarding the mining of sand for review at the next HRA meeting. P4r. Sunde stated it was important for the HRA tn know that Enebak was proceeding with the work in mining sand to complete the hotel pad at this time. So, mining was already taking place beyond the excavation limits because it was the onl,y way they could get the hotel pad done. If that was delayed a �ranth „ it would mean another month of work �aithout a change order. Mr. �4eyer stated he felt Mr. tJewman's suggestion to authorize payment ofthe $123,363 as the base arbitration award was a good suggestion,h�t then the per cubic yard, etc., he felt that language had to be more spelled out. It seemed they could ask Mr. Sunde to work up a language that conveys precisely what that really means for the next HRA meeting. Mr. Comners stated that if the work by Enebak Y�as already done by the next HRA meeting, what good would it do the HRA to have the language clarified? G H6USING & REDEVELOPMENT AUTHORITY MEETING, JULY 9, 1987 PAGE 8 Mr. Sunde stated he wanted some legal basis on which to tell Mr. Enebak that he cou)d continue with the work. f4r. Commers asked Mr. Sunde if he was satisfied wiih the language in the ar6itration award. t4r. Sunde stated there was no dispute by either Enebak or himself on the understanding of the language in the arbitration award. Mr. Conuners Stated that since Enebak and Mr. Sunde were in agreement, then he did not think the HRA should have a problem with it. P1r. Sunde stated that since June 19, Enebak has conducted operations according to what was discussed in terms of mining on the site. Enebak has done a very good job on the site. MOTION BY MS. SCXNABEL� SECONDED BY MR, MEYER, THAT TNE HRA RECOGNIZES THE ARBZTRATION AWRRD AS ISSUED BY THE ARBITRATION BOARD� AND IN RECOG— NITION OF THAT� AUTHORZZES THE PAYMENT OF 5123�363. THE NRA FURTHER AUTHORIZES MR. SUNDE TO PREPARE A CHANGE ORDER FOR EXECUTION BY THE CITY COUNCIL I.N KEEPING WITH THE LANGURGE OF THE ARBITRRTION AWARD THAT SAND WILL EE ldlNfiD FROl4 AREAS ON TXE PROJECT SITE NOT PRESENTLY PLANNED TO BE EXCAVATED AT $1,00/CUBIC YARD AND THAT CLAY BE COMPACTED TO REPLACE SAND IN THOSE AREAS AT $.25 PER CUBIC YARD, Mr. Meyer stated that somewhere in the change order, there should be some specifics written down about what was to be done with the soil. Mr. Sunde stated he would agree with that. UPON A VOICE VOTE� ALL VOTZNG AYE� CXAZRPERSON COMMERS DECLARED THE MOTZON CARRZED UNANIMOUSLY - c. Woodbridge Drive Road Improvement Change Order Mr, Sunde stated this was discussed at the last HRA meeting about the poor soil in a section of this road. He stated as a follow-up he had written a letter to the City dated July 7, 1987, (agenda item 3-E). He had reviewed the soil borings in that area and there were a couple of borings that showed silty fine sand underlain by SC and CL soils. The borines did not show a water table near the ground surface, but did show some fairly heavy soils down a short distance. This situation has persisted until just recently when the unusually dry spring and early summer resulted in drying. Mr. Sunde stated they questioned the soils engineer about the recommenda- tion and his main concern was not the presence of water at times near the surface but damp conditions that would cause frost heaving. Mr. Meyer asked if they were seeing this frost susceptibility elsewhere on the site. r HOUSIWG & REDEVELOPMENT AUTNORITY MEETING, JULY 9 1987 PAGE 9 Mr. Sunde stated he thought this case was a little unusual hecause it overlays a fairly dense soil where the water tends to accumulate, Mr. Robertson stated this change order was approved by the HRA at their last meeting so this was an informational item. d. Street Light Bolt Change Order fAr. Pribyl stated that on Monday, July 6, the City Council approved $5,585.47 for anchor bolts for street lighting, taking into account the total number at $5�-75 per set. MOT'IDN BY MR. RASMUSSEN, SECONOED BY MR. PRAIRIE� TO CONCUR WITH THE ACSION TAKElJ BY THE CZTY COUNCIL REGARDING ANCXOR BOLTS FOR STREET LIGHTING. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON COAIMERS DECLARED THE MOTZON CARRIED UNANZMOUSLY. e. Approval of the Pad A Modified Equal Agreement Mr. Sunde stated the HRA had a copy of a letter from Enebak dated June 24, 1987 (agenda item 3-P) staiing they agreed to perform the exca- vation and backfill at the pad "A" location for the same price as the original contract price. Ms. Schnabel stated she questioned item #4 in the letter which stated: "The City of Fridley accepts and agrees to all items outlined in Mr. Svoboda's letter dated �une 22, 1987,with the follaving except9on (this credit will be available only if the final plans for the sand fill requirements at the Hotel Pad are not changed), we agree to strike that from the agreement." In other v+ords, Enebak was agreeing to strike from the agreement the sand requirements for the hotel if the pad was not changed, Mr. Sunde stated he was planning to write a letter of concurrence to Mr. Enebak, but before doing that, he would like to review the wording of item #4 with Mr, P�ewman and get a clarification of that statement. He was not quite sure what was meant by that statement either. MOTION BY MS. SCNNABEL, SECON4ED BY MR. MEYER, TO APPROVE THE CHANGE OADER WITH RESPECT TO THE MODIFZCRTZON OF PAD A� WITH THE EXCEPTION THA2 ISEM if4 IN MR. ENEBAK'S JUNE 22� 1987� LETTER TO MR. SUNDE BE CLARIFIED. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTZON CRRRIED UNANIMOUSLX. i HOUSING & REDEVELOPP•1ENT AUTHORITY MEETING, JULY 9, 1987 PAGE 10 f. Hotel Pad Sand Requirement Mr. Robertson stated there was a letter from Subterranean Engineering Corporation to the HRA clarifying the recommendations contained in their Soil Report for the Hotel Site, This was an informational item. g. Possible Pad A Enlargement Approval Mr. Sunde stated Woodbridge was requesting that a sketch be drawn up and it be sent to Subterranean and Enebak for a cost so lJoodbridge can determine whether or not they want to do the extra work. {letter dated June 17, 1987, to Mark Burch from Eric tJesset - agenda item 3-Y). This was an informational item also. 4. COP�SIDERATIOPI OF ORDERING DETAIL.DESIGPI FOR RICE CREEK ROAD IMPROVEMEPJTS: Mr. Robertson stated there was a racquet club/shopping center development proposed on the south side of Rice Creek Road. The Planning Commission has reviewed it and made a favorable recommendation to the City Council. The City Council will have a public hearing at their next meeting. He stated the City was now faced with the task of doing a detailed engineering design of that improved Rice Creek Road according to its conceptual layout which was included in the HRA agenda. The question before the HRA was: Did they at this time want to proceed with directing SEH to proceed with detailed design work or did the HRA merely want to take this under advisement and ask for a cost estimate from SEH for the next meeting, at which time, the HRA would make a decision on who would do the detailed design? Mr. Commers stated that since there was still going to be a public hearing at the next City Council meeting on the project, he did not-see how the HRA could proceed with directing SEH to do the fihal desiqn work before that meeting. MOTION BY MR. RASMUSSEN� SECONDED BY MR, PRRIRIE� TD REQUEST SEH TO PREPARE R COST ESTIb1ATEFOR THE DETAIL DESSGN WORK FOR THE RICE CREEK ROAD IMPROVEMENT BASED ON THE PRELIMINARY DESIGN� AND BASED ON TNE CITY COUNCIL'S APPROVAL OF THE PROJECT, UPON A VOICE VOTE� ALL VOTING RYE� CNAIRpBRSON COMMERS DECLRRED THE MOTZON CARRZED UNANSMOUSLY. 5. CLAIt45 {1615-1627): MOTZON BY MR. RASMCTSSEN� SECONFED BY MS. SCX&1BEL� TO APPROVE THE CHECK REGZSTER AS PRESENTED. UPON A VOICE VOTE� ALL VOTING RYE� CHAZRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY t HOUSIPJG & REDEVELOPMENT AUTHORITY t1EETItiG, JULY 9, 1987 PAGE 11 Mr. Priqyl stated he would also like the HRA to authorize payment of $30,000 to 4�infield Development for soil correction according to the development agreement. Winfield Development has now completed construction. MOTZON BY MR. PRAZRIE, SECONDED BY MS. SCHNABEL� TO APPROVE THE CERTIFICATE OF COMPLETION AND RUTHORI2E A PAYMENT OF 530�000 � WINFZELD DEVEIAPMENT FOR SDIL CQRRECTION COSTS. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANZMOOSLY. Because of some concerns expressed by the HP,A members, Mr. Pribyl stated he would send the HRA members a copy of the insurance policy covering them. 6. ANtJUAL FINRNCIAL STATEMENT: Continued until next meeting. 7. OTHER BUSINESS: a. University Avenue Corridor Plan Mr. Robertson stated that in �anuary, the City Council expressed an interest in having a redevelopment project at the lower end of University Avenue. At the last City Council meeting,�1r. Qureshi presented to the City Council three different alternative concepts for redevelopment of the area comprising Shorty's Towing, Rapid Oil Change, and the property behind that. Mr. Qureshi stated that if the HRA wanted Staff to do more work, Staff would run some numbers and bring these 6ack to the HRA, The HRR members agreed to have Staff pursue this and bring back a package for the HRA's review. ADJOURNMENT: MOTION BY MR. RASMUSSEN� SECONDED BY MR. MEYER� TO ADJOURN THE MEESING. UPON R VOICE VOTE� ALL VOTING AYE� CHRIRPERSON COMMERS DECLARED THE JULY 9� 1987� HOUSING & REDEVELOPMENT RUTHORITY MEETING ADJOURNED AT 20:33 P.M. Respectfully submi ted, . � ynn Saba � Reco`rding Secretary �: ;. GITY OF ERIDLEY PARKS & RECREA7IOW C0144ISSI0�7 MEETIhl�, AUGUST 3, 1987 CALI TO OkDER: Chairperson Kondrick called the August 3, 1987, Parks & Recreation Commission meeting to order at 7:05 p.m. ROl_L CALL: Menbers Present: Dave Kondrick, John Gargaro, �1ary Schreiner, Dick Young Members Absent: Dan Allen, Al Gabel Otliers Present: RiCk DeGardner, Pro9ram Supervisor Ralph Volkman, Public IJorks Superintendent Jim Robinson, Planning Coordinator APPROVAL OF JUI�E 1, 1987, PARKS & RECREATIOfJ COMMISSION MItJUTES: MOTION BY 1dR. YOUNG� SECOR'DED BY ��75. 5CXREINER, TO APPROVE THE JUNE 1� 1987� PARKS & RECREATION C074MiSSION MINUTES AS WRITTEN. UFQN A VOICE VOTE, ALL VOTIITG AYE� CXAIRPER50N KONDRICK DECLARED THE f40TIOP) CARRIED UNANIMOC75:.Y. 1. fIIiDELL t10USE - RIVERVIEW HEIGf�TS PARK Mr. Robinson stated he was at the meeting to give the Cortrnissioners an uodate on the Rivervie�•� Heights Park acquisition project and he also wanted to talk specifically about the Findell property which the City recently acquired. Mr. Robinson showed a map of the properties the City had acruired. The park area is roughly 7.4 acres now, and when the whole area is acquired, there eiill be about 8.b acres. The house recently purchased was owned by Donald Findell, its cost was 560,000.. tdhen all the properties are acquired, they will be able to imp�ement park development. Mr. Robinson stated that Attachment C of the hand-out gave an overall view of the proposed park improvement. This included a passive area,� picnic area, boat/canoe launch, fishing area, hiking/biking traii, and a parking lot, He stated some trees and brush would prohably have to be pruned/ removed to open up some views to the river. Mr. Robinson stated the City's present concern was what to do with the Findell house. It was rather a neat old historical structure. 7he Gity Staff's proposal was to remove the majority of the house, remove the walls and roof, but leave the fireplace and some of the foundation. 7hey o-�ould then put on a wood thatched roof to give it a picnic shelter-type character� They would then not have the vandalism problem and would be able to retain a little bit of history. PFRKS & RECREATI01� COMf9I5SI0td �4EETING, AUGUST 3, 1987 PA(;E 2 ' Mr. Kondrick stated that with such a large park and with so many things that could be done in the park, did the City anticipate having any summer programs down there that would warrant having a storage faciTity for sports equipment? He had no objection to Staff's proposal, but maybe there should be samething just a little bit more than the proposed design. Mr. Robinson stated what he has heard was they do not want to have structured activities in this park because they do not want to create an attractive nuisance. They want to keep the park more of a rustic, natural area, for picnicing, campin9, cross-country skiing, hiking, etc. Mr. Young stated the building was already there, and it already had water and sevrer connected to it. Was there any feasibility to having an indoor restroom faciTity in the structure? Mr. Volkman stated that a toilet facility would be very impractical because the structure was in the flood plain. Mr. Gargaro stated that since there was some historical value to this struc- ture, had any thought been given to talking to the Nistorical Society to see if there was any interest in removing the structure? Mr. Robinson stated the structure could not be removed because it was built on a s]ab with no basement. I�r. Robinson stated that as far as restroom fac4lities, at this time the pro- posa7 was to use sateliites. Mr. Kondrick stated he thought a restroom facility in the park was very important. Mr. Young stated he did not thinic a restroom facility was necessarily the first priority, but it was definitely something that was lac'<ing in their total park system. Mr. Kondrick suggested a little bridge be constructed across the Creek to make the southern half of the property more accessible to the park facility. He did not know the elevations and how it could be built, but he thought it was something that should be explored by Staff. Mr. Kondrick stated he felt this park had a lot of potential, and the design for the Findell bouse as proposed by Staff wouid probably work out well. MOTZON BY MR. GARGARO� SECONDED BY MR. YOUNG� TO RECOMMEND TO PLANNING COl1MISSSON AND CITY COUNCIL THE APPROVAL OF THE PROPOSAL AS SUGGESTED BY CZ2'Y PLANNFNG STAFF FOR THE DESSGN AND USAGE OF SHE FINDELL ffOUSE RT RZVERV7EW HESGHTS PRRK. UPON A VOZCB VOTE, ALL VOTING AYE� CHAIRPERSON KONDRICK DECLARED TXE MOTION CARRZED UNANSMOUSLY. . PARKS & RECREATIOP� COMP1ISSION 11EETIfJG, RUGUST 3, 1987 PAGE 3 2, STAFF REPQRT: a. I�RPA Youth Softball Tournament Mr. DeGardner stated the City and the FYSA co-sponsored the MRPA Youth Softball Girls' Tournament. There were 63 teams that participated. Plinnetonka won the Jr. Division and Fridley won the Sr. Division, and they are now on their way to the nationals. Ne stated that despite rain Sunday morning, thr0ugh the efforts of City P1aintenance crews, parents, and volunteer coaches, the fields riere ready by 12-12:30 p.m. He stated he would iike to thank the FYSA, especially Kathy Gunlogson, who really did a great job in organizing the tournament and cleaning up the debris. Mr. DeGardner stated the City's donation was the field and the maintenance. The FYSA handled the admissions and concessions, f1oney 6rought in from admissions and concessions was $5,7�0 which was split 50/50 between the City and the FYSA. t9r. fargaro stated he would like to conmend the City's naintenance crew for an excelle�t job in getting the fields ready for play again after the rain. b. Minnesota Olympic Festival Mr. UeGardner stated the Canmissioners had a copy of a letter from the Twin Cities Olympic Festival Task Force dated June 15, 1987. More recently received was a letter from the t4ayor of t1inneapolis dated July 15, 1987, about the possibility of a Twin Cities bid for the 199b summer olympics. There ti•ras some dis�ussion of possibly buildin� a soft- ball facility doo-rntown if the City would get the 1446 sur�mer olympics. If the building was �ot built, then it was possible Fridley would host the softball events. This was all for the Commission's information. c. Park Capital Improvement Program 1487-88 f4r. Uolkman re�+iewed the Capital Improvements for the Parks for 1987-88. Ne stated most of the work on the following eight items had been done: 1. Community Park parking lot expanded by 120 spaces. 2. Creek Ridge Park sprinkler system insta1led. 3. Locke Park soccer field and lighting relocated. 4. Innsbruck Wature Center trail system improved, park sign and building repaired. 5. Farr Lake walkway path repaved. 6, Commons Park tennis courts repaired and repaved. 7. Color coated tennis/basketball courts at Briardale, Flannery, Craig, Skyline, Summit Square, and Logan Parks. 8. Install tennis court and field lighting at I7adsen Park. <_ PAI2KS & RECREATIGt7 CQt1MISSIOIJ 11EETItJG, AUGUST 3, 1987 PAGE 4 ' Item #6 under capital improvements anticipated for 1988 v�as to install an entrance flower bed and bushes for the Community Park. Mr. Volkman stated a flower bed and bushes demanded a lot of maintenance, and he did not think the City had the staff to take on something like that. tAs. Schreiner stated that in past years, there was a Garden Club in Fridley that planted and maintained the fTower bed in the old Eisenhower Square in frant of City Nall before it �ras relocated at tloore Lake. It Y10L11d 4e worthwhile to contact the Garden Club, if tt is sttll in existence, to see if there was any interest in such a project. She stated the person to contact would be Ann 7eskey, t�s. Schreiner stated that item #3 under the third section which was projects not funded but considered for future itr�rovement was "4larming houses for Sylvan and Fiannery skating rfnks". She stated she had a problem with the idea of some kind of shelter that would have a paid attendar,t when the skating rinks are used very little during the winter-- 6-?0 v+eeks at the most. She could not see warming houses at all in the 7ittle parks. i4r. Volkman stated he felt the term "warming houses" was an obsolete tettn. They should think more in terms of a"park shelter" thai could be used as a facility for other park recreation year around. 14r. Kondr;ck stated he felt Ms. Schreiner was right about shelters in small parks, but maybe they should start by putting shelters in some of their major parks and expanding to other parks as they go a+ong. Idr. Young s±ated skating during a normal year was over by mid-February. From mid-February to April lst, there was about a three week period when there are no park activities. Possibly the City could consider having some type of arts and crafts activity or other kinds of activities during that time, and those activities could be held in a park shelter or park activity building. They should definite]y use another term besides "���arming house". t4r. Gar-garo stated he would like the City to consider a couple of park shelters at the Community Park--a place for people to go for protection when there is rain or inclement weather. Mr. Volkman stated he felt shelter pavilions woulil be a waste of money at the Community Park. If there is inclement weather, peop7e should be sent home, and people can always get shelter in their cars. He stated there really was no place to put a shelter; also there was a fall foot- ba71 program that eliminated any place for any shelters. f1r. Kondrick asked if the list of capital improvements in each category were iisted in order of priority. , PAItKS & RECREATIOfJ COMP•9ISSI017 MEETING, AUGUST 3, 1987 PAGE 5 f�fr. Volkman stated he felt they were pretty much in order of priority. Mr. Kon:lrick asked the Commission members if they had any additions or changes to be made to the park capital improvements for 1987-88. t4r. Young stated that under item �i3 under capital improvements antici- paged for 1988, he did not see a need to upgrade the bleachers at the Little league fields with aluminum seating. He felt the present bleachers seer�d in good condition. Mr. Young stated he would like to see the words "warr.iing house" changed to "park activity building" and "skating rinks" changed to "parks" under item �3 of the projects not funded but considered for future improvement. P10TIQV BY MS. SCKREZNER� SECONDED BY MR. YOUNG� TO ACCB'PT TNE PRRX CAPITAL ZMPROVEMENT PROGRAli FOR 1987-88 AS PRESENTED BY STAFF. UPON A VOICE VOTE, ALL VOTZNG AYE� CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. d. Summer Program Report Mr. UeGardner stated the suirener programming was coming to an end. The summer programming had gone well. Overall, compared with last year's numbers, participants had increased. For example, in the playground program, the total for Tiny Tots, Playgrounds, and Excursions last year was 693. This year the number was 1,115. Mr. UeGardner stated Rene Montreuil, the Program Specialist, had done a very yood job this year. Mr. UeGardner stated the T-Ball program ended on Friday with a p{cnic and awards. The higlilight again was a trip to the Twins f,ame. Almost 300 went to that event. He wanted to thank Fridley State Bank and John Gargaro for donating $350 to help defray the cost of the buses. �4r.6argaro suggested maybe the City could contact the woman vaho holds the N11 Comer Track & Field meet and see if the City could help in any way--p�ssibly through publicity. Mr, DeGardner stated Staff would contact her and see if she was interested in city participation. e. Craig Park Equipment Mr, Volkman showed the Commission merrbers some pictures of the new play= ground equipment at Craig Park. Mr. Kondrick stated the playground equipment was very well done and was getting a lot of use. P.%,R};5 :: �ECR�ATip�i CO�TIISSIOt! PIEETI�dG, AUGUST 3, 7987 PAGE 6 f. Tcrnado [xh�bit at Springbrook ;�r. u.�a,•drer stated Mr. St. Clair and the staff at Springbrook recent7y pu�: tr,gethei° a tor�ado exhibit in the Interpretive Building exhibit area. Chznnel 1? has donated a high quality TV monitor and UCR to be a part of �";: ±orrada exhibit. The VCR will piay a tape of the Channel 11 special feature, "Unheard Sirens", aired after the tornado that hit Springbrook. Spr•ii�gbrook:'s staff plan to work with Channel 11 in developing a video taa° exsia'ning in more detail the tornado and its impact on the ,ia�uP_° CPnt2P. g. Con;munity Park Parking Lot Mr. Kondrick stated the parking lot was now in and was a much needed addit?on to the Community Park. 3. Nt!! E•US11'.ESS: a. Fridiey Jaycees Softball Tournament Request f�;:�. DeGardner stated the Jaycees were requesting the use of the Commun�ty Park for a Jaycees Regienal Softball Tournament on August i5-16, 1487. :.GS�=�,�:: �. ,..._ Gr',RGP.RO, SECONDED BY MS. SCHREINER� TO APPROVE TNE JRYCEES REGIONAL SOFTBALL TDURNAINENT REQUEST FOR AUGUST IS-26� 2987, UP�^iP P. F'Or�£ 70TE� ALL VOTING RYE� CHAIRPERSON KONDRZCK DECLARED THE .._._i�5.1' �h�tr.�3✓ lifJA,92MOUSLY. � b. t�tinnesota State High School League Request Mr. DeGardner stated this year the High School League decided to move thefr tournament to a weekend, and their request vaas for use of the Community Fark for a tournament for the tentative dates of June 10-71, 1988. 1-POTION BY .£P.. GARGARO� SECONDED BY MS, SCHREINER� TO APPROVE THE ldLVi1ESOTA SiATE HIGH SCXOOL LEAGUE TOURNAMENT REQUEST FOR JUNE 10-12� 19A8. JFO.^.' A YOICE VOTE, ALL VOTZN6 AYE� CHAIRPERSON KONDRZCK DECLARED THE _ MOTZON CARRIED UNANZhlOUSLY. Nir. Gargaro stated he would encourage t1r. Kirk Co approach the State To��rnament people again to request the Boys' Youth Tournament. This year` the tournament was he]d in Champlin. They �ould start requesting no��� for this tournament. The Sirls Youth tournament was held in Fridley, and it shov�ed people what a nice faciltty Fridley has. Mr. Volk�nan stated he would caution the Commission members that the rrare tournaments and use the Community Park has, the harder it v+ill be en the fac�lity. The turf can only bear so much traffic before it star•ts to :ho�: a lot of wear. t PARKS & RECREAT?Oh! C01•1f1ISSI0t� �dEETIWG, AUGUST 3, 1987 PA6E 7 G. OLD SUSItJESS: a. fJortheast Chamber Orchestra and Fridley City Band Financial Statements Mr. Kondrick stated that at a previous meeting, the Commission members had made a motion requesting the financial statements from these two organizations. M.OTIOA' BY MR. YOUNG� SECONDED HY MS. SCXREINER, TD RECEIVE THE FINANCIAL STFTEP?ENPS FROM THE NORSHEAS2 CHAh1BER ORCHESTRA AND TNE FRIDLEY CITY BAND. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON KONDRICK DECLARED TNE MOTION CARRTED UNRNSPSOUSLY. ADJOURI�MENT: MOTION BY .M.R. GARGRRO� SECONDED BY MS. SCHREINER� TO ADJOUR.N TNE MEE2ING. UPON A VDICE VOTE, ALL VOTING RYE, CHAIRPERSON KONDRICK DECLARED THE AUGUST 3, 19$7, PARXS & RECREATZaN COMtdISSIQN MEETING ADJOURNED AT 8:50 P.M. Respectfully submitted, i/ ��� 7' %z; � / .��. �'ynr��Sa�a Recording Secretary � . CITY OF FRIDLEY APPEALS COMPfISSION MEETING AUGUST 11, 1987 CALL 'PO G3�ER: Chair�erGon Netzr,ld called the August 11, 1987, Appeals Commission meeting to orde� a: 7:30 p.m. tiOLL :;Ai�L: Membess Present: Donald Betzold, Alex Barna, Diane Savage, Jerry Snerek Members Absent: Kenneth Vo ss Oth_rs Present: Darrel Clark, City of Fridley l�'i:liam Mackey, 5660 Arthur Street NE, Fridley, MN Gregory Mortenson, 6191 Ketry Lane NE, Fridley, MN ,,,�p�p';?,' OF '"`' ;3, 1987, APPEALS COMMISSION MINUTES: MOTIO\ by �ir. barna, secoaded by Ms. Savage, to approve the July "L8, 1987, Appeals Commission minutes as written. UsU[e A VO1Gh ',Ui6, �1iL COTIKG AYE, CHAIRPERSON SETZOLD DECLARED THE MOTION CARRIED UhANIMOUSLY. 1. COS57:liFF.ATT_Gt� r.F A VARIANCE REQDEST, VAR 9i87-28 r�x5t:'�\'i �u i;i�';P7'ER 205.07.03, D, 1, OF THE FRI 'PH'c rRU1T YAhL SE'LBACK FROM 35 FEET TO 28 FEET OF AH ADDI'I'ION TQ THE GARAGE; AN➢, YURSUANT TO OF 1'Hr FRi_DLF,Y CITY CODE, TO REDUCE THE REAR YA 15 FEEi TO :,].�.Olv THE CONSTAUCTION OF A THREE-SE r3I.00K 3. INNSERUCK fiORTH ADDITION> THE SAME SEI FR 55432. BY WILLIAM MA(:K�Y, EY CITY CODE, I'0 RBllllCE ALLOW THE CONS'L'NUCTLON APTER 105.D7.03, ll, Sa, SE`fllACK FRUM Ltt Fk�E'1' TO ON YORCH, ON LO'f j, 5660 AftTHUH STREET N.E. MOTION by Ms. Savage, seconded by Mr. Barna, to open the Public Hearing. L'PON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HE.9P,ING OPEN AT 7:32 P.M. Chairperson Betzold read the Administrative Staff Report: ADMINISTRATIVE STAFF REPQRT 5660 ARTHUR STREET N.E. VAR 4t87-28 A. PUELIC PURFOSE SERVED BY REQUIREMENT: Section 2U5.07.03, D, 1, requires a front yard setback of not less than 35 feet. r APPEAIS COM)1ISSION MEETING, AUGUST 11, 1987 YAGE 2 Public purpose served by this requirement is to allow for off-street • parkiag without encroaching on the public right-of-way and also for tY:e aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. Section 205.07.03, D, 3a, requites a rear yard setback of not less ihan 25% of the lot depth. Public purpose served by this requirement is to provide rear yard space to be used for green areas uhich enhance the neighborhood. B. STATED HARDSHIP: "The hardship arises because the lot is a corner lot and the builder chose to place Lhe house in an unusual position on the lot. Rather than placing the house square with the street he angled it sideways. This positioning makes it impossible to meet the setback requirernents." C. ADMINISTKATIVE STAFF REYIEW: This lot is a corner lot and either street could be considered its frontage because the length of lot on each stteet is within !0% of each other. Arthur Streei was selected as its frontage since the original house met the setback requirement for front yard setback. The boulevard width on Arthur Street is i6 feet, therefore, if the garage addition is allowed Yhe new corner of the garage would be 44 feet from the curb. The garage door faces northeast. The proposed addition in the rear yard will be 30 feet from the house to the rear. If the Appeals Commission approved this variance the staff has no stipulations to suggest. .ir. Clark staLed that the property is located on the corner of Itiortn llanuue koad and Arthur Street. Mr. Clark showed the location of the yroperty on the location map, zoning map and aerial map. The house is situatea at an angle and actually faces the corner of the lot. The survey indicates tne original foundation with the proposed garage addition anti the proyosed porch addition to the rear. The rear of the porch would be approxinately 30 feet from the adjacent garage and the corner of the garage addition wou1G be 44 feet irom the curb on erthur Street. T'he house to ihe�north faces Arthur Street and Lhe house.�o the wegt faces Danube, so in regard to the additions there uould not be encroachment of vision to other front yards and traffic should be able to see around the corner. Photograpns showing the front of the house and rear yard were shown to the commission members. Mr. Clark added that the driveway ares out onto Arthur Street. Mr. Clark felt the proposed additions would probably fit if ine tiouse naa been turned otherwise, but the problem exists because of tne position of the house on the lot. Mr. Clark indicated there ¢re many green areas. � AYPEALS CO?!.�iISSIDti MEETING, AUGUST 11, 1987 YAGE 3 « Pit. Mackey indicated that the garage addition was intended to house a van, which is currently kept outside or stored at a different location. The t.t.ree-season porch is Yor added space to the kitchen off the back side of the house. This cannot be located in a different area. The house is a multi-level house and there is no other place where a porc❑ wou:d fit. There is currently a small deck but it is not useable because it is only four feet. The backyard is wooded and also t�as low ground with a terraced wall. Basically, the addition of the three-season porch would mean that the current roof would be extended approximately 3%z feet. Mr. Mackey provided blueprints of the property for the commission's review. C� MOTION Uy Mr. Barna, seconded by Mr. Sherek, to close the public hearing. GPQN A VO',CE GOTE, ALL VOTING AYE, CHAIRPERSON BE'T"LOLD DECLARED THE PUBLIC HEARING CLOSED AT 7:42 P.M. Mr. Barna stated that he could see the hardship caused by the way the house was positioned on the lot. While this was nice in the begirming, it now creates problems. The lot is also an odd shape. If the house xer.e para7lel, there would prohably be no need for a variance. Also to be considereri is the individual's lifestyle and the neighborhood. Mr. Barna considered the request valid. Ms. Savage agreed. The additions meet the spirit of the code in that they fa11 within the aesthetic considerations that ttie code is considered abo�t and enhance the appearance. Mr. Sherek found the request acceptable. Mr. Betzold agreed. The additions uould fit in with the property and the neighborhood. MQTION by Mr. Barna, seconded by Ms. Savage, to recommend to City Council the approval of YARIANCE REQUEST, VAR �t87-28, BY WILLIAM MACKEY, YliASUANT TO CHAPTER 205.07.03, D, 1, OF 1'HE FRIDLEY CITY C011E, TO REDUCE THE FRONT YARD SETBAGK FRQM 35 FEET TO 28 FEET TO ALLOW THE CONSTkUCTION OF AN ADDITION TO THE GARAGE; AND, PORSUANT TO CHAPTER 205.07.03, D, 3a, OF i'HE FRIDLEY CITY CODE, TO REDUCE THE REAR YARD SETBACK FROM 28 FEE1 TO i5 FEET TO ALLOW THE CONSTRUCTION OF A THREE-SEASON PORCH, ON LOT 3, SLOGK 3, INftSSRUCK NORTH ADDITION, THE SAME BEING 5660 ARTHUR STREET N.E., FRIllLEY, MINNESOTA, 5543Z. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSQN BETZOLD DECLAREll THE MOTION CARRTED UNANIMOUSLY. PURSUAnT TO SIDE YARD T, VAR i187-29, BY GREGQRY MORTENSON 2a, OF THE FRIDLEY CITY CODE, TO RE M 10 FEET TO 6 FEET TO ALLOW THE CO?�STRUCTION OF ADDITIONAL LIVIhG SPACE OA' LOT 3, BLOCK Z, HEA1'HER HILLS SECOND ADDITIOn, THE SAME BEING 619i KEttRY LANE N.E., FRIDLEY, MINNESOTA 55'v32. Mr. Clark stated that a problem has arisen regarding this variance whicn has been discussed with the petitioner. The house and garage is not iocated on the lot where it was thought to be. When a preliminary site review was made, it was determined there probably was an error in the 1 APPEALS CO2fMISSI0.1' MEETING, AUGUST 11, 1987 PAGE 4 arigirial Ior.ation of the house. This was confirmed by a survey. Therefore, ! the variance would be 4.4 feet rather than that stated in the handout. Tn �iscussions xith Pir. .Icrtenson, it may be possible to jog the addition sa it would be in excess of 5 feet from the lot line, Also on the same property, a 22-foot easement exists - 6 feet on this lot and 6 feet on tne iieiphboring lot. Council action is required is allow encroachment on an easement. Zt is likely that the Council will ask the petitioner to get this vacated• Mr. Clark has checked with the Engineering Department, and they stated they see no real need for the easemenL at this time or in tne future, so it is possible that the easement wili be vacated. This process takes �uite a bit of time. The Council could allow a temporary encroachmer�t or an encroachment for as long as it takes to get the easement vacated. Mr. Clark has given Mr. Mortenson a Petition for Vacation of Easem�nt which should be signed by the time the commission considers the �aria:ice request with the corrected sideyard setback. The petitioner u;as asked to attend the meeting at Lhis time so that the commission members could hear any comments from neignbors to the proposed variance. No neighbors riave come to the meeting, so it is assumed there is no objection. The commission cannot take action on the variance request at this time. The variance request will be republished for discussion at the September i mee[i.ng. MOTIOP by Mr. Sherek, seconded by Ms. Savage, to table consideration of l'ARIANCE RF,QUEST, VAR 4i87-29, BY GREGORY PtOkTEhSON, PORSUANT 'TO CHAP'LER 205.07.03, D, 2a, OF THE FRIDLEY CITY CODE, TO REDUCE THE REQUIREll SIUE YARll SETBP.CK FROM 10 FEF.T TO 6 FEET TO ALLOW THE CUNSTRUCTION OF ADDITIOhAL LZVING SPACE ON LOT 3, BLOCK 2, HEATHER HILLS SECOND ADllIT10N, THE SA�1E SEI�G b191 XERRY LANE N.E., FRIDLEY, MINNESOTA, 5�432, so that the request can bz republished with changes for the next meeting of the Appeals Commission. UYON A VOZCE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD ➢ECLAREli THE MOTION CARRIED L'NA^iZMOUSLY. 3. OTHER BUSINESS a. Yroposed Variance Informational Handout Mr. Barna indicated that people are confused by the legal hardship and felt it beaeficial if. some examples of hardship explanations could be given. Mr. Clark stated that this is difficult to do because of varying factors including the neighborhood, objections by neighbors, and also the final decision as made by the City Council. Mr. Clark indicated he talks with those persons making variance requests and tries to explain what is required. Ms. Savage agreed that this almost needs to be done on a case by case basis. l� APPEALS COMMISSION MEETING. AUGUST ii � `ir. Barna recommended under the heading "What is a Variance" the wording be changed from "Once in a while" to read "OCCasionally". Mr. Betzold recommended in the thicd to last paragraph the phrase "a new petition would need to be acted on" be changed to read "a new peti.tion would need to be £iled". Mr. Clark stated he had given the Variance Informational Handout to Mr. Herrick, City Attorney, to review and Mr. Herrick felt the handout contained nothing technically wrong. T}7e handout is informative and tells the petitioner that a variance is not an automatic thing. MOTIO� hy Mr. Barna, seconded by Ms. Savage, to recommend the proposed �'ariance Snformation Handout be forwarded to the Planning Commission and the City Council for approval. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BET"LOLD DECLARED THE P10'fI0'� CARRIED UNANIMOUSLY. ADJOLrRNMENT: NOTIQN by Mr. Barna, seconded by Mr. Sherek, to adjourn the meeting. liPON P. VOICE VOTE, ALL VOTIfiG AYE, CHAIRPERSON BETZOLD DECLARED THE AUGUST i1, 1987, A°PEALS C�`IMISSION MEETING ADJOURNED AT 8:00 P.M. Respectfully submitted, ��L�l! 4ti� ` t� Laconn C�oper Recording Secretary 3 ••���.�� • • � •. ,. n • . �� WHI�C IS A VAR7AN(E7 A variance is the City's approval of constcuction in a way which is not atherwise permitted � the City Code. 'li�e variance process is also used to allow the size and/or plao�nent of business sic�s which do not comply with City Code. �e City Code sets specific dimension standatds for building constzuction and sign disglays. Occasionally, sud� glans cannot be built according to the City Code; The variance process allaas the City gove�rnnent to review the plans on a case Y� case ts�sis to decide if the plans should be approved despite the Code deviations. For exam�zle: i£ a fanily wants to add a bedrarn onto thein c�me or eonvert their gazage fran a single car to a double car, they must first obtain a buildin9 permit and tuild acoording to the Code requirenents. If the proposed addition will be built too close to the lot boundary, the code will not permit the construction tmless a variance is first obtained. iiLW DOFS gIE QTY LIEQDE Wf��IIIt 7A GRANT A VAR7ANCE? Minnesota Statutes 462.357, Slibdivision 6(2) allaas a variance to !�e granted when strict enforo�nent af the literal prarisions of an ordinance would cause �mdue har�hip because of circ�,unstances Lnique to the indivic�al property under oonsideraticn. Variances may be granted only when it is demonstrated that the action will be in keeping with the spirit and intent of the ordinance. "Unctie hardship" is further defined b� tl�e statute as ma�ning that: "... the propecty in question cannot be put to a reasonable use if used under conditions allaaed by the official controls, the plight of the landowner is due to circumstances unique to the pzoperty not cteated by the landowner, and the variance, if granted, will �t alter the essential charactex of the locality. Economic wnditions alone shall not oonstitute an tncb.ie handship if reasonaGle use of the property exists inder the terms of the ordir�nce." A variance may not be granted for any use which is not permitted in the zone where the affected land is located. WHO CAN APPLY EUR A VARIAN('E? Minnesota Statutes 462.357, Subdivision 6 allaws "any affected person" to re3uest a variance. �e City of Fridle� also requires that the fee aaner join in any varianoe request, if the petitioner is not the aaner. HCY7 Q1N I APPLY bUR A VARTANCE? A petiti�er must mmglete an application and p3y a filing fee; the City staff can assist the petitioner in aanpleting the form. A verifying survEy of the pzoperty, with �e proposed construction drawn on it, and the setbacks noted, �y be re�uired wit2� the apglication sukmissi�. A hearing date will then be schechaleci before the Apr�eals Commission. 3A WHO WILL BE NpPIFIED OF THE VARIANCE RD�IkSZ? Notices of the vacianoe re3uest will be mailed to all property aaners within 200 feet of the affected property prior to the Appeals Commission hearing. �hat will be the only notice mailed to the reighboring owners, even if the variance request is later o�nsidered ls� the City Coimcil. Members of the Appeals Commission wi11 receive information zelating to the variance request in Yheiz agenda packets Faior to the meeting. WHAT HAPPF3JS AT �3E APPEALS �I+Il�IISSION MEEIII�? 'Ihe Fridle� Appeals Commission meets on Tuesday evenings, usually twioe a month. The meeting is called to order at 7:30 p.m. and the Commission considers vaziance requests in the order in which they appea� on the agenda. Witl� s�ch item, a public hearing is he1d. �e Commission chairperson reads a staff report reqarding the variance request which gives the background on the propezty �der �nsideration and xEVievrs the applicable City Code, states the petitioner's reasons for the ca3uest, and qives any recommendations of the City staff. After the report is read irrto the re�rd, a City staff representative provides additicnal Ya�ckgramd information, and Commission menbers may ask questions zelating to the City Code or the reguest. �he petitioner is then invited to address the Appeals Conanission and answer any questions posed by Commission menbers. Other interested parties may then express their opinions about the request or ask questions of the petitioner, the City staff representative, ot the Cormnission. If there are any written cpmnt�ications frctn irrterested �rties who are unable to attend the hearing, those letters may be received by t1�e Commission and entered into the formal remrd of the ha3ring. After the public hearing is closed, the Commission members immediately deliberate the request. Each Conunission manbec has an oppoctimity to e�tess a position on the r�uest, and then the Coirnnission votes on th e request. A simple majority is sufficient to pass a motion supporting or opposing the variance xequest. in a fEw situations, the Commission may table a variance request until a later cl�te to give a petitioner the opportimity to obtain additional information about the request. DOfS �iE APPEALS Q�lR�1IISSIOI�i HAUE 7HE AU9iQ2TTY TO APPROJE A VAR7AN�? If the request irr�alves R-1 aoned, residential property, and if there ace no objections to the variance request from the City staff, neighboring property aaners, or menbers of the Appeals Cmiunission, the request can be apprwed at the �peals Co�nission meeting, and no further proceedings are necessary. If the request involves sicg�s, or property other than R-1 zoned, residential daellings, or if there is any opposition to the variance request frmn anyone, the request will be referred to the City Coi.mcil for final action with only a reoomnendation fran the Appeals Comnission. G: WEiFQ CAN I DO IF I DISP�REE WIl'H 'IDE DECISI�1 OF Tf3E APPEALS OJNY4ISSI(7N? If there is any opposition to a variance request, the tequest will be referred to the City Coimcil for fin31 action. �erefore, if you do not ag�ee with any vazianoe proposal, you should make your opposition known during the public hearing. HC�T DpES A VARIAN(E RD�UEST GET � RHE CITY CWNCIL? Zhe Appeals Catanissia� is an advis�ry board, and it assists the City Council by hearing variance cequests. Often, issues can be clarified at the Appeals Comnissi� h�ring so that only the essential items for discussion will be brought before the City Co�cil. 'She minutes of the Appeals Canmission meeting are referred to the City Council throuc� the Planning Commission. (The Planning Commission does not usually address the merits of the vaziance request.) Although the City Council receives the minutes of the Appeals Commission meeting, it is important that all intecested parties eithec attend the City Colmcil meeting or wtran�icate their ooncerns in writing to the City staff. �e City Co�mcil's dectsion may be different fran the reconunendation of the Appeals Conmission. WHAT IF I DISPGREE WPPfi �IE DECISIODI OF THE CITX aDUNCIL? An interested party who disagrees with the City Council's final decision may seek rewurse in court. A oourt can revic�a the City's decisi� and may affirm, malify or reverse the City's decision. H(3� IQ� W7LI, �iE VAR7AN(E BE GOOD POR? A variance for land use will beoane �xirt of the property, so i.f the structure is �uilt and is latec damaged or destrcryed, it can be rebuilt according to the varianoe. �e petitia�er must oomnence oonstruction within a year aftes the variance is granted (unless the terms of the vaziance say otherwise or an extension is requested in writing and appraved). If the variance is not exercised within the apprwed time period, the variance is considered vaid and a new petition would need to be f il ed. Sic� variances cb rot beo�ne �xirt of the ptoperty; instead, the� are personal to the business for whid� they are granted. If the nature of the busirnss changes, a new si� varianoe would be recessacy before a new si� can be erected. IF A VAR7AN(E RD�UF�T 7S L1QiIED, CAN A SI[�ff7.AR R$1[JEST BE I�FiDE AGAIN? If a variance zequest is denied, a similar request will not be cansidered for o� year.