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PL 03/22/1989 - 7093PLAyNIP�G COMMISSION MEETING MARCH 22, 1989 Jock Robertson Community Development Director City of Fridley A G E N D A PLANNING_COMMISSION MEETING WEDNESDAY, MARCH 22, 1989 7:30 P.M. LOCATION: COMMUNITY EDUCATION CENTER, 6085 - 7TH STREET N.E. CALL TO ORDER• ROLL CALL• APPROVE PLANNING COMMISSION MINUTES: February 22, 1989 PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #89-02, BY JIM BOWE:, , Per Section 205. 24 . 04 . D of the � Fridley � City� Code, � to allow the construction of a single family dwelling in the Flood Fringe District on property located on Lots 13, 14 and 15, Block M, Riverview Heights, th� same being 7919 Broad Avenue N.E. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #89-03, BY GREG ASPROTH:. . . Per Section 205.07.O1.C.4 of the Fridley City Code, to allow the expansion of University Billiards to install additional billiard tables and arcade games in a tenant space adjacent to the existing facility on Lot 4, 5, and 6, Block 1, Paco Industrial Park, the same being 7178 University Avenue N.E. . 1 - IJ . 2-2I PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #89-04, BY G�2EEN MASTERS INDUSTRIES: .. ,,, . 3_ 3g Per Section 205.17.02.C.11 of the Fridley City Code, to• allow exterior storage on part of Lot 6, Auditor's Subdivision No. 39, the same being 92 - 43rd Avenue N.E. CONSIDERATION OF A LOT SPLIT L S. #89-01 BY MARK AND PAMELA NYBERG : 4 - 4E To split off the north� 151 feet�of Lot 4, �Auditor's� � Subdivision No. 22 to create a separate parcel for a single family house. CONSIDER AMENDING SIGN ORDINANCE TO PERMIT SIGNS IN CENTRAL AVENUE N. E. RIGHT-OF-WAY , , , , , , , , , , , , , , , S _ � PLANNING COMMISSION AGENDA MARCH 22, 1989 PAGE 2 �ECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF FEBRUARY 9 1989 . , , , , , . . . . . . �I� RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF FE BRUARY 2 8 . 19 8 9 . . . . . . . . . . . . . . . . . . . . . . . . pgITg ( oops , should be yellow) RECEIVE THE MINUTES OF THE JOINT ENVIRONMENTAL OUALITY COMMISSION/ENERGY COMMISSION MEETING OF FEBRUARY 28 1989 . BLDE RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF MARCH 9 1989 , , , , , , , , , , , , , �I� OTHER BUSINESS• ADJOURNMENT 0 CITY OF FRIDLEY PLANNING COMMIBBION MEETIN(3, FEBRIIARY 22, 198g -------------------------------------- CALL TO ORDER• Chairperson Betzold called the February 22, 1989, Planning Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Donald Betzold, Sue Sherek, Alex Barna, Paul Dahlberg Members Absent: Dave Kondrick, Dean Saba � Others Present: Barbara Dacy, Planning Coordinator Steven Barg, Planning Assistant APPROVAL OF FEBRUARY 1 1989 SPECIAL PLANNING COMMISSION MEETING MINUTES• MOTION by Mr. Barna, seconded by Mr. Dahlberg, to approve the February 1, 1989, Special Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF FEBRUARY 8 1989 PLANNING COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Barna, to approve the February 8, 1989, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. CONSIDERATION OF A VACATION SAV #89-01 BY WBDH REALTY COMPANY To vacate a 30 foot road easement located along the east property line of Lot 3, Block 2, East Ranch Estates, Second Addition, except the east 200 feet thereof, generally located southwest of 7810 University Avenue N.E. Ms. Dacy introduced Steven Barg. She stated Mr. Barg is helping out until they have a replacement for Kathlyn Castle. -i- pLANNING COMMISSION MEETING FEBRIIARY 22 1989 Mr. Barg stated WBDH Realty Company is requesting a vacation of a 30 foot street easement at the above location. This vacation request is one of seven stipulati�oved t by the tCity SCouncil uon permit, SP #88-13, which was app and its outdoor October 3, 1988, to allow Northtown Nissan to exp storage on a one acre parcel to the south of 7810 University Avenue N.E. This site was affected by a lot split (L.S. #75-10) which required a street and utility easement along the east lot line of the property as well as the property to the east. The City vacated part of this easement in 1987 (SAV #87-04) in connection with the ABRA development but retained a 30 foot street and utility easement for the site on which Northtown Nissan later sought expansion. Mr. Barg stated that when the special use permit was approved on October 3, 1988, the City Council raised some concern regarding future access problems if the property were to be sold, and the possibility of the lots to the west becoming "landlocked" was discussed. After a consultation with the City Attorney, Virgil Herrick, Mr. Herrick felt this problem could be avoided if the property in question is to be combined into one tax parcel. If Nissan wished to sell the property at a future date, it would require a lot split, and the question of accessibility could be addressed at that time. Mr. Barg stated staff is recommending approval of the vacation with the following three stipulations: 1. The parcels shall be combined into one tax parcel prior to final adoption of the ordinance authorizing the vacation. 2. The easement for utility purposes shall be retained as currently described. 3. The petitioner shall execute a 30 foot drainage easement to the City for the same location. Mr. Betzold asked if the City is locking itself into one particular mode of development for this area by vacating the street and, therefore, landlocking the lots to the west. Ms. Sherek stated she feels this is a moot point now anyway. The City has already vacated the easement on the ABRA development, so the property is already landlocked. Mr. Barna stated not only was the easement vacated at ABRA, but there was also a vacation just north of Bob's Produce, so the lot is already effectively landlocked. Any future development would -2- PLANNING COMMISSION MEETING FEBRIIARY 22 1989 have to go east to the West Service Drive. Mr. Dahlberg stated he did not understand why there is a need to have that drainage easement in that location. That is the high point of the property, On the east, water drains to the frontage road and on the west, the water drains to the low area on the west. There would be no possibility that any drainage would even occur in the proposed area. Was there any possibility of incorporating a drainage easement along the west edge of the property? Ms. Dacy stated there is already a drainage easement along the west edge of the property. She stated John Flora, Public Works Director, wanted to reserve the drainage easement in this location. She stated Mr. Dahlberg is right, the water does drain to the east and to the west. Ms. Sherek stated she agreed with Mr. Dahlberg. There should be a drainage area on the property, but not in the proposed location. Mr. Dahlberg stated no one can build on a utility easement anyway; and as long as the drainage easement is in the same area as the utility easement, he really had no objection as long as the petitioner had no objection. Ms. Dacy stated staff would verify this with the petitioner. MOTION by Ms. Sherek, seconded by Mr. Barna, to recommend to City Council approval of vacation, SAV #89-01, by WBDH Realty Company to vacate a 30 foot road easement located along the east property line of Lot 3, Block 2, East Ranch Estates, Second Addition, except the east 200 feet thereof, generally located southwest of 7810 University Avenue N.E., with the following stipulations: 1. The parcels shall be combined into one tax parcel prior to final adoption of the ordinance authorizing the vacation. 2. The easement for utility purposes shall be retained as currently described. 3. The petitioner shall execute a 30 foot drainage easement to the City for the same location. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 2. LIGHT RAIL TRANSIT UPDATE: -3- �� pLANNING COMMISSION MEETING FSBRIIARY 22 1989 Mr. Betzold asked if any more thought had been given to having a public hearing. Ms. Dacy stated she has talked to Tim Yantos, Anoka County Railroad Authority. They are in the process of putting together their proposed public hearing schedule, and she would like to see that schedule before any plans are made for a public hearing in Fridley. Ms. Sherek stated that when they do publicize a public hearing, she would like them to do more publicity for Fridley residents. . Mr. Betzold stated the Fridley High School Auditorium might be a good place to hold a public hearing. Ms. Dacy stated she would also suggest that a direct mailing be sent to those property owners abutting both sides of the proposed route. Mr. Dahlberg stated that at the last Anoka County Railroad Authority meeting, if they proceed with the preliminary design and engineering phase, was a decision made to e�lore both corridors or both University and Central from downtown to I-694 and then only University from that point north? Ms. Dacy stated it is her understanding they are going to meet at the end of February to determine the preliminary engineering phase, so she could not answer Mr. Dahlberg's question at this time. 1988 WORKPLAN• Ms. Dacy stated she wanted to be more definitive about the 1989 workplan. She stated some of the items established by the Planning Commission go back as far as 1987. On page 2 of her memo dated Feb. 17, 1989, she listed a proposed time schedule to address the following 1989 work items: Task Urban Design Standards Vacant land inventory Update Comprehensive Plan Revise Subdivision Ordinance Zoning Ordinance revisions Light rail transit Riverview Heights Park Start February January March March March Ongoing February Finish July March Into 1990 July December June Ms. Dacy stated they will also be addressing the Central Avenue Corridor Study in 1989, and she hoped to have something for the -4- PLANNING COMMISSION MEETING FEBRIIARY 22 1989 Commission to discuss at their first meeting in April. Mr. Barna stated he would like to address the sixth workplan item, Zoning Ordinance revisions. He stated about 2-3 years ago, the Appeals Commission looked at garage expansions from single car to double car garages, and they worked out a chart showing what garage expansions would be allowed without requiring variances. He stated he would like the Planning Commission to review that chart again and possibly look at expanding it a little further. This is based on the number of variance requests the Appeals Commission is receiving for garage expansions. Mr. Betzold stated that since this originated with the Appeals Commission and because the Appeals Commission has the expertise, he would suggest the Appeals Commission discuss this again and make any recommendations for change to the Planning Commission. Mr. Betzold stated that regarding the Central Avenue Corridor study, how is that going to tie in with the Brickner proposal? Ms. Dacy stated Mr. Brickner has not yet conducted a neighborhood meeting. She thought the study would precede Mr. Brickner's application. The Commission has recommended the study go all the way to Osborne Road; but because the Brickner proposal is located in the southern part of Central Avenue, she would recommend the study be done in two phases: the southern half first and follow up with the northern half this summer. Mr. Betzold agreed. He stated that since this proposal will be coming before the Planning Commission, it is important that they take a look at this area first. 4, RECEIVE JANUARY 31 1989 APPEALS COMMISSION MINUTES: MOTION by Mr. Barna, seconded by Ms. Sherek, to receive the January 31, 1989, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. RECEIVE FEBRUARY 6 1989 PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Barna, seconded by Mr. Dahlberg, to receive the February 6, 1989, Parks & Recreation Commission minutes. IIPON A VOICE VOTE, ALL DOTING AYE� CHAIRPERBON BETZOLD DECLARED T8E MOTION CARRIED IINANIMOIIBLY. -5- pI,ANNING COMMISSION MEETING FEBRIIARY 22 1989 ADJOURNMENT• MOTION by Ms. Sherek, seconded by Mr. Dahlb C�I�ERSON� BETZOLD meeting. UPON A VOICE VOTE, ALL VOTING AYE, DECLARED THE M SSION MEETING ADJOIURNED AT�8:00 p M$RUARY 22' 1989, pLANNING COMMI Res ectfully s mitted, . �`3t-Z� Lyn Saba Recording Secretary -6- 1 ��N�F FRIDLEY REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION STAFF REpORT A�EALS DATE P��NG CON�NISS�ON �ATE : March 22 , 1989 CITY COUV(�L DATE SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONWG �$ PARK DEDICATION ANALYSIS FWANCIAL IMPUCAl10NS CONFORMANCE TO COMPREHEWSNE PLAN COMPATBIUTY WITH ADJACENT USES 8� ZONBVC ENVIRONMENTAL COf�SiDERATIONS STAFF RECOMME(�ATION APPEALS RECOMMENDATtON PLANNWG COMMISSI�V RECOMMENDATION SP 4�89-02 Jim Bowe IiUTHOR �D / dn To construct a single family home in the flood frige district of the Mississippi River. 7919 Broad Avenue N.E. (Lots 13, 14 and 15, Block M, Riverview Heights). 9,350 square feet. N/A R-1, Single Family North, R-1, Single Family; South, R-1, Single Family; East, R-1, Single Family (vacant); West, R-1 Single Family Municipal services available to the site. Paid at time of building permit. N/A Yes Yes Parcel is within flood fringe district; City has obtained flood control easement along the southern portion of the property. Approval with stipulations. IA Staff Report SP #89-02, Jim Bowe Page 2 , REQUEST The petitioner, Jim Bowe, is requesting special use permit approval to construct a single family home within the flood fringe district of the Mississippi River flood plain. The property is subject not only to the R-1 district regulations, but also to the O-1 Overlay District. The O-1 District contains the flood plain regulations required by the Federal Emergency Management Association. The flood fringe area of the flood plain is adjacent to the floodway, which is the primary area required to carry or discharge a regional flood (in this case, the Mississippi River). The flood fringe, however, is still subject to flooding. The O-1 District requires a special use permit process prior to constructing a home in the flood fringe.area. The zoning map outlines the edge of the flood fringe area based on the information provided by the Food Insurance Rate Map (see attached). The O-1 District regulations identify the flood fringe area as CRP-2 and the floodway as CRP-1. BACKGROUND On September 16, 1981, the Planning Commission recommended approval of a similar request for a home on the same parcel, subject to submission of a drainage plan and subject to the petitioner working with City staff to ensure proper drainage and proper location of the house on the property. On September 28, 1981, the City Council approved the special use permit based on the recommendation from the Planning Commission. The property owner at that time, Dale Hadtrath, subsequently sold the property. The petitioner, Jim Bowe, now owns the property. ANALYSIS The proposed structure is a split level home with a tuck under garage, to be located approximately 40 feet from the Broad Avenue N.E. right-of-way line. The survey also indicates a right-of-way for Buffalo Street N.E. Buffalo Street is a paper right-of-way, but it has not been vacated. A creek meanders through the area platted as Buffalo Street. The easement along the south side of the property was acquired by the City in 1969 for flood control purposes, and is a permanent easement. The creek is part of the flood fringe area. The proposed location of the home on the lot meets the required R- 1 setbacks (note that Buffalo Street is interpreted as the front of the lot). The applicant also wants to construct an unenclosed 8' x 16' deck an the south side of the home. City policy in the past regarding these types of structures within City easements is 1B Staff Report SP #89-02, Jim Bowe Page 3 that the City Council can approve the interim encroachment of an unenclosed structure subject to review by the Engineering Department and other affected utility companies. The Public Works Director has stated he has no concerns with the construction of the eight foot deck into the easement. The Department of Natural Resources has contacted staff and indicated that the flood elevation in this area is 822.9 feet. According to the O-1 district regulations, the lowest floor elevation of the home must be constructed at 823.9, one foot higher. Also, this elevation must be maintained for an area of 15 feet around the home (Section 205.24.5.A). Section 205.24.5.E of the O-1 District requires that vehicular access to the home should not be less than 2 feet below the flood elevation. The street elevation is at approximately 816 feet. With the lowest floor elevation at 823.9 feet, it would be impractical to impose this requirement, especially since surrounding homes are not at similar elevations. This was also not an issue with the 1981 application. The DNR representative advised that in the alternative, the City impose a stipulation for an evacuation plan which could simply mandate that the homeowner vacate the premises upon notification from the City regarding an imminent flood. The site is above the flash flood level. The City would know about a flood two to three weeks ahead. SUI�IIKARy The proposed location of the home meets the setback requirements of the R-1 district. It must be constructed to meet the floodplain regulations of the O-1 District and meet the requirements of the State Building Code. It should not have an adverse impact upon surrounding properties. The proposal does not conflict with any of the standards in the O-1 district. RECOMMENDATION Planning staff recommends the Planning Commission recommend approval of special use permit, SP #89-02, to construct a single family home on Lots 13, 14 and 15, Block M, Riverview Heights, based on the site plan included in the staff report and subject to the following stipulations: 1. A grading and drainage plan shall be submitted along with the building permit application. 2. The lowest floor elevation must be at 823.9 feet and the elevation must be maintained for 15 feet around the structure. IC Staff Report SP #89-02, Jim Bowe Page 4 3. The unenclosed deck is allowed to encroach no more than eight feet into the City easement. 4. 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Y _.�..�7w. `� . _ .._ • �. �t.7 � . s �.��`'�'�""�'� '���:'_��.� � � STAFF REPORT APPEALS DATE N/A ���QF pLq�IG COM�IqSSION DATE : rtarch 22, 1989 FRIDLEY C(TY COUNCIL DATE AuT� sB/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DA1'A SIZE DENSITY PRESENT ZONWG ADJACENT LAND USES 8� ZONpVG ��$ PARK DEOICATION ANALYSIS FlNANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPAT�ILITY WITH ADJACENT USES 8� ZON6VG EMVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDAT�ON SP ��89-03 University Billiards To expand commercial recreation use (permitted by SP 88-02) into adjacent vacant tenant space. 7178 University Avenue N.E. Existing size - 5,186 square feet. Proposed expansion - 2,606 square feet (50.3�) N/A M-1, Light Industrial. North, C-2 (General Business); South, P(Public Facility); East, M-2 (Heavy Industrial); West, M-I (Light Industrial). Available N/A N/A Yes Yes None Approval with stipulations. 2 2A Staff Report SP #$9-03 University Billiards Page 2 REQUEST The petitioner, University Billiards, is proposing expansion of its operation at 7178 University Avenue N.E. into an adjacent vacant tenant space within the Rice Creek Business Center. This commercial recreational business exists in an M-1, Light Industrial, zoning district as the result of a special use permit issued in 1988. BACKGROUND SP #88-02 was granted to University Billiards for the installation of billiard tables, an arcade and a snack bar in the Rice Creek Business Center. The two main concerns expressed by the Planning Commission and City Council at that time involved ensuring adequate parking facilities and minimizing possible misconduct (i.e. drinking, loitering, etc.). Eleven stipulations were attached to the permit. Ten of these were targeted toward promoting a clean environment, free from misconduct-related problems. The other stipulation required that the development owner accept limitations on occupancy of remaining vacant tenant space if parking shortages resulted. The City Council reviewed this permit in July 1988 and agreed to discontinue four of the original stipulations due to management's excellent record of policing its operation and the fact that anticipated problems had not developed. Two months later, staff reviewed this permit and determined that the business was in full compliance with all of the stipulations. SITE Rice Creek Business Center (RCBC) is a 58,682 square feet multi- tenant building located on Lots 4- 6, Block 1, Paco Industrial Park. It is currently used for a variety of office, commercial and warehouse purposes. University Billiards is located at the northeast corner of the building, and its 5,186 square feet space is used entirely for the business operation consisting of 17 billiard tables, five video games and a snack bar. The proposed expansion involves removal of a wall and the addition of 11 billiard tables and five video games in the 2,606 square foot vacant unit directly south of University Billiards' present location. ANALYSIS The two major concerns regarding this proposal are those expressed in the original permit process: parking and possible misconduct- related problems. With respect to parking, RCBC provides 166 2B Staff Report SP #89-03 University Billiards Page 3 ' parking stalls, of which 125 were required to meet tenants' needs following approval of SP #88-�2• Since that time, additional vacant tenant space has been leased to both new and existing tenants, increasing the total nwmber of stalls necessary to 142. The proposed expansion of University Billiards dictates the need for 17 parking stalls. Thus, issuance of this special use permit would result in a requirement of 159 parking stalls, leaving 7 stalls for use by tenants occupying the remaining vacant space in the future. In addition, 20 parking spaces along the north side of RCBC are shared under an agreement with US Swim and Fitness. These stalls, which allow only after-hours parking for fitness club members, are counted as part of the 166 parking spaces provided by RCBC (see attachment A for complete RCBC parking information).. Although the numbers seem to suggest that approval of this expansion proposal could create a parking shortage, staff contends such a problem is unlikely for the following reasons: 1. The nature of University Billiards and RCBC's agreement with US Swim and Fitness increases the parking demand for evenings and weekends, at a time when RCBC's other tenants are closed. 2. With the additional parking stalls required for the expansion, a total of 52 spaces would be allotted for University Billiards. This number apparently far exceeds those necessary during even an exceptionally busy afternoon while other businesses are operating. 3. This expansion would reduce RCBC's remaining vacant space to a minimal amount, such that if it were used for office/warehouse purposes, full occupancy could be achieved while meeting all parking requirements. While future tenant turnover could produce an increased parking demand and make current parking facilities inadequate, it does not appear that a problem would be created by this proposed expansion. Staff does recommend that the situation be closely monitored if this permit is approved, so that future changes in RCBC's business make-up do not create parking shortages. As stated earlier, University Billiards has been very diligent about complying with the requirements of SP #88-�2• In addition, the Fridley Police Department has not experienced problems with this establishment and has not voiced any special concern regarding this proposed expansion. Staff believes that the management of University Billiards has demonstrated a firm commitment to running a problem-free operation and that, with appropriate stipulations attached, the expansion can occur without causing a detriment to the neighborhood or the community. 2C Staff Report SP #89-03 University Billiards Page 4 RECOMMENDATION Staff recommends that the Planning Commission recommend approval of SP #89-03 to allow the installation of 11 billiard tables and five video games with the following stipulations: 1. The petitioner shall sign and enforce curfew for minors. 2. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m, to closing on Fridays and Saturdays. 3. The petitioner shall patrol parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on premises. 5. The development owner shall notify City of future additions/expansions in vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. 6. The special use permit shall be reviewed by City Council at the first meeting in August 1989 or sooner if the City determines there is a management problem which requires further restrictions or removal. ZD Attachment A RICE CREEK BUSINESS CENTER PARKING SITUATION ' Sq. Ft. Breakdown Stalls Bay(s) Tenant Office Commercial Warehouse Required 1- 2 Bradford's 618 1,190 3,918 13 3 Vacant * 1,535 1,535 7 4 - 5 University Billiard's ' 6 Proposed Expansion 7 Budget Distributor 1/2 8 Preferred Temp. 1/2 8 & Carpet 9 - 11 Design Center 12 - 13 Swimmin' Hole 14 - 17 Commers/ J-Comp 18 Pacesetters 19 & Box Stop 1/2 20 5,186 2,606 384 1,508 886 1,796 2,363 1,795 480 1,020 3,825 2,529 598 6,522 4,570 6,204 3,605 35 17 11 7 25 12 18 10 3 1/2 20 Midland ' 1,800 2,200 8 & 21 Color ------- ------- ------- ------- 15,928 13,355 29,440 166 USE TOTAL SQ. FT. � OF BUILDING PARKING SPACES REQ. ----- ------------- ------------- ------------------- Warehouse 29,440 51% 14 Office 15,928 270 63 Commercial 13,355 22o gg PARKING STALLS PROVIDED 166 SPACES REQUIRED FOR CURRENT TENANTS 159 SPACES AVAILABLE '7 * Projected by Rice Creek Business Center/Winfield Properties I � =�'H COAMEN �SEG // L�J I �� I .-...,_......_.., � y . ,......, .... .. .... . 'fRACT y q .. ��► g _ _... : _ ... � N� .TRACT_ ���.--. �' .. �- -. , ��� - �p�V '.-G...� � _ . .. ,.,�_. ���••.., � zs) I � �a - - - - . _ e�a . a / h, ����� � � l � i � �e . . I' , �. � � ,�T �o D ' � �' �, � ! _.. i s�r qorm,ar st�c ii 33 I SP 4E89-03 University Billiards s ��2 SEC. C�TY Of I � � 31 C ' �_" __ � "�'b'�f'u nnwa� , �_ 34 I� 1 F r; � .�. � % � LOCATION MAP 2E . rr a ' �. .� for � � � � *s < / �! � � •' e ' � !! � � ,�.� a 1 -+�� � SP �89-03 University Billiards 2G --� 8ey 4 Existing Lo�etion r6 BAY 6 Proposed Expansion S ITE PLA N SP ��89-03 University Billiards 2H FLOOR PLAN � 0 March 1, 1989 City of Fridley Planning Commission and City Council 6341 University Avenue Northeast Fridley, Minnesota 55432 Regarding: University Billiards Expansion In reference to our parking situation, an average day and peak hours of operation for us are as follows: Our busiest time is from 9:00 P.M, to 2:00 A.M. Friday and Saturday nights (winter time). Maximum people during that time has been 70-80, with SO to 60 cars at most. Many drive in groups. > We have never had any problems with parking due to the late time for peak hours. Even sharing our lot with U.S. Swim and Fitness has worked out. We do not believe there would be a problem even with expanding. Other hours of the week we have between 5 and 15 cars total. All other businesses in Rice Creek Business Center are closed during our busy times leaving many open parking spots. We believe we have followed all stipulations and created a new standard for all pool rooms across Minnesota. We will continue to follow our stipulations and invite all of you to come and see us anytime. Thank you for considering our expansion. Greg Asproth 2I � ��NOF FRIDLEY REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION STAFF REP ORT APPEALS DATE N/A PLAIW1n(NG CQN9V1�$$IpN DATE: March 22, 1989 CRY COUVCIL DATE SITE DATA SIZE DENSITY PRESENT ZONWG ADJACENT LAND USES � ZONWG �$ PARK DEDICATION AtVALYSIS FlNANCIAL IMPUCAT1pNS CONFQRMANCE TO COMPREHENSNE PLAN COMPATfBILITY WITH ADJACENT USES 8� ZONWG ENVIRONMENTAL CONSlDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNWG COMMISSION RECOMMENDATION AuTHOq _ Rn�_ SP 4�89-04 Green Masters Industries, Inc. Special use permit for exterior storage. 92 - 43rd Avenue N.E. .83 acres N/A M-1, Light Industrial North, M-2, Heavy Industrial; South, M-2, Heavy Indutrial; East, M-I, Light Industrial; West, M-2, Heavy Industrial. Municipal services are connected to existing building. N/A N/A Yes Yes Site has a number of existing oak trees. Approval with stipulations. 3 3A Staff Report SP #89-04, Green Masters Inc. Page 2 REQUEST The M-1 district requires approval of a special use permit for exterior storage of materials. The petitioner,� Green Masters Industries, Inc. is a landscaping contractor business. Green Masters is proposing to lease the site from the current owners, Ajax Tool and Die, to use the site to store landscape materials, both vegetation and landscape rocks, and to use the building for the storage of trucks. A small office area within the building will also be installed. ANALYSIS In reviewing special use permits, the ordinance permits the City to consider the nature of the site upon which the use is to be located, the nature of the adjoining land and uses, the affect of traffic into and from the proposed use and other factors as the City deems important. Existing Conditions The site is currently occupied by Ajax Tool and Die Co. A number of oak trees exist on the site. The site is enclosed by a six foot chain link fence. The existing parking area contains both asphalt and gravel areas. The subject site is currently zoned M-1, Light Industrial, and is surrounded by both heavy and light industrial zoning and uses. Proposed Use The petitioner wants to store landscape materials behind the structure and use the building to store a maj ority of the 14 trucks used for the business. The petitioner indicated that 15 yards of gravel rock will be stored , 15 to 20 - 2 1/2�� caliper trees and 20 to 30 shrubs. Green Masters employs between 25-30 persons. The employees drive to the site in the morning, and use the trucks to transport landscape materials to construction sites. According to the applicant, approximately ten employees use the trucks as transportation from their homes to the site. Parking The building is proposed to be used as a storage area for the trucks and a small office area. The M-1 district requires only one space for every 2,000 square feet of warehouse or storage space, or four parking spaces. However, as a manufacturing building, the ordinance would require 20 parking spaces (one space per 400 square feet). This matches the traffic anticipated by the proposed use. 3B Staff Report SP #89-04, Green Masters Inc. Page 3 Approximately eight trucks will be stored within the building. Given that ten employees use the trucks for personal transportation, twenty spaces for employees should be provided. The improved parking lot will not only accommodate the proposed use, but also a new manufacturing use if occupancy changes. Additional area for parking exists if the need arises. In conjunction with improving the parking lot, it is recommended that the parking area conform to required setbacks. This would involve restructuring the parking lot in front of the building to provide a 20 foot landscaped area from the property line (see proposed site improvement plan). To the rear of the property, the parking area should maintain a five foot setback from the east property line. The parking area is required to be lined with concrete curb and all spaces shall be striped. Screening The site is well screened from adjacent land uses. To the east of the site is a 10 - 15 foot earthen berm (this resulted from storing excess fill from another site). The existing mature oak trees screen the Northern Pacific Railroad yards on the south and west sides of the property. The ordinance permits existing topography, natural growth of vegetation, or permanent buildings to substitute for all or part of the screening requirements. Because the site is surrounded by like uses and zoning, no special screening requirements are needed, yet the above-noted features effectively isolate the proposed use. (R-1 zoning exists at the southeast corner of the site, but it is owned by Northern Pacific and used as area for the railroad yards.) The applicant will install four, eight foot evergreens in the newly created front setback area. Storage of the vehicles and materials must, according to ordinance, occur in the rear yard behind the building. The evergreen trees will serve to screen the view into the rear of the property from the street. The applicant is proposing four storage bunkers for landscape materials four feet high by 20 feet in length. The ordinance requires that the screen extend two feet above the highest item to be stored, with the height of the fence not to exceed eight feet. Materials within the bunker must not exceed two feet in height, unless the bunker is enlarged up to eight feet. Drainage The Public Works Department has recommended that prior to occupancy, the applicant submit a drainage plan showing the runoff pattern from the new paved and curbed parking area. - � Staff Report SP #89-04, Green Masters Inc. Page 4 Miscellaneous The applicant intends to install a security light on the eastern end of the building. This should not affect any adjacent properties. The applicant will need a dumpster, and is proposing to locate along the rear wall of the building. The dumpster must be enclosed. SUNII�lARy The site is well isolated from adjacent properties. The proposed exterior storage will be well hidden from the right-of-way and should not adversely affect surroundin stipulations will further screen the propo�sed nse�and hwill�bring the property into compliance with current ordinance standards. RECOMMENDATION The Planning staff recommends the Planning Commission recommend approval of SP #89-04, to allow exterior storage of landscape materials and trucks at 92 - 43rd Avenue N.E., subject to the following conditions: 1. The parking area shall be paved and lined with B6-18 concrete curbing as depicted on the site improvement plan included in the staff report dated March 22, 19gg, 2. The parking area shall maintain a five foot side yard setback from the east lot line and a 20 foot front yard setback. 3• The petitioner shall install four, eight foot evergreens in the newly created front setback area. 4• The height of the storage bunkers shall extend two feet above the highest item to be stored within the bunkers . The bunkers shall not exceed eight feet in height. 5• The parking lot shall be striped for at least 20 parking spaces. 6. The dumpster shall be enclosed with an appropriate screen on at least three sides of the dumpster. 7. Prior to occupancy, the petitioner shall submit a drainage plan to be reviewed and approved by the Public Works Department. 3D Staff Report Sp #89-04, Green Masters Inc. Page 5 8. The petitioner shall provide a letter of credit or performance bond in the amount of the improvements prior to initiation of construction. Improvements shall be completed by September 1, 1989. 9• Landscape materials and construction vehicles shall be stored in the rear yard area. �, T 30, R.24 FR/OLEY ���� ,��.�'.��� 12 5..,� �,:, ,. �\ � ' a/Cwy.Nd � �'Y iljYiO/YI�[ � SP ��89-04 GReen Masters, Inc 3E fltl5 IS � COM►1{ATpP/ pp R�CORpS AS ��r �� w r� �uroic. caknr OffKES AfFfCTMG 1Nf ARfA SNOWN. 1►65 OR�tWiwC IS 10 ff USED ON�► Fq HFEREIrCE ►URPOSES AND INF GOtM. r n NOT RESIONS�{� fOR MW tM- ACCUWCIfS NERHN COM,VIrEp 53934 �KC.J. /�Wn � /OJO mf.,.s rM'o�ciu,..r EY.H avrJ. �/ne dL�'t!d/ 14 �. ---�-- _. � i�p fL! ' ° .v. ;r,�, .�. .�.r ��i�k�I LOCATION MAP 71 � �j � / •'/ % '•' � � . . G���'� � ��._r✓�: - -..._-- - �: �! ���t • � ': {`' . • � . ' �� i I , � I � �- �L__1 . . . , .., . � -- -- � ..� Existing BuNding . � i z I . 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I ' � ��. � ��L ,.� . $? i �'1.• . � . � V� .���;a ,�� �•., � , , ; � 4.r,.1 ;.j4' .,j,t. � ..� :r � •,r'' , 1 • t • ' 1 - ,i;M � ' (��. iMA`.r . . . I - -- '-=--� ;�r -- , '� -` -- -- �. .. . . . . 7` � , • � b1 ., • ' �' i i � � •, � . • � �fl '. ;� i Y� _ Parkt�p .na w es �•`and eue.a .rlm 9 s-te o�.btq. �� I` � � � . \;. � N . � ,iiQ i ti, N � 1 : � � `�M � ' . -- ---:r. �_ . . _ t , ' v • • . �� i�� '. , ; n w K r!� r, I . � ' •�..L � , ,� . � . . •�, �_- �,_ ._� . . . �; �_ • 1� '\` ` 1 � �' . . �1, i � �1.' • � • I • . � � ��„ � , � �� . _. ,: � ; � � ` . : L� • . _'`'�",(� � �� i ii'..� - •�`'\ I l _� . - : . � ` , .' . . . �-=�z-- - . , . � . ' .�__ . ' . � i ' ��� • � � ..�Y a . � ' ,.; � i ' �► :�j . '+�-�' 1 � ` � .„.^ - •,� --- � '�:a .� y�'^ .. � � �__ — `— }. ,:is ���??A.: . � I� ' • '. � _ ' � , �J • •�'a�. � �� J PROP ■ OSED SITE IMPROVEMENTS Za� � 4 � STAFF REPORT APPEALS DATE CIN OF PLANIWNG CONYVpSSION DATE rtarch 22 , 19 89 FRI DLEY CITY COUVCIL DATE A� SB�� REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION �ITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONqVG UT�lTIES PARK DEDICATION ANALYSIS FlNANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPAT�WTY WITH ADJACENT I�ES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION L.S. #89-01 Mark and Pan�la Nyberg Zb creat�e a separate paroel for a single family home ]501 RiQe Cr�ek Road N.E. 36,696 Sq. Ft. 2.37 tmits/acre i�-1 N: 1�1; S: F�-l; E: 1�1; W: I�1 Available� N/A N/A Yes Yes �.I�,,•�''��.- APProval with stipulations � 4A Staff Report L.S. #89-01 Page 2 , Request The petitioners, Mark and Pamela Nyberg, are proposing to split off the north 151 feet of Lot 4, Auditor's Subdivision No. 22, the same being 1501 Rice Creek Road, to create a separate parcel for a single family dwelling. This property is located in an R-1 (single family residential) zoning district. The petitioners intend to sell the south lot (which contains the existing house) and build their new residence on the resulting north parcel. Site The lot in question is 36,696 sq. ft. and has double frontage with Rice Creek Road on the south and Camelot Lane on the north. Arthur Street has been vacated west of this property, and large residential lots (37,500 sq. ft. each) are west of the site in the Spring Valley Addition. Smaller single family lots are located east of the petitioners' land in Harris Lake Estates. The present house is on the south portion of the existing lot with a setback of 44 feet from Rice Creek Road. An in-ground swimming pool is located on the north part of the lot. Analysis The proposal would divide this property into separate parcels totalling 19,932 sq. ft. (north lot) and 16,764 sq. ft. (south lot). Both of these exceed the 9,000 sq. ft. minimum lot size required for a single family dwelling unit. In addition, each parcel would be considerably larger than the lots located directly to the east, which are all under 11,000 sq. ft. in size. There are some issues which must be addressed before construction of a single family dwelling in the resulting north parcel. City water is available on the north and west sides of the lot, and sewer is available on the north side. However, because the property is at a lower elevation than the street, additional fill may be needed to accomplish a sewer hook-up at an appropriate elevation. The certificate of survey accompanying the building permit should indicate an appropriate building elevation for connection to city sewer. In addition, the site, because of its low elevation, has received the run-off from adjacent properties. A grading and drainage plan should be submitted with the building permit application to properly address the new drainage patterns. Finally, driveway access should be carefully considered since numerous mature trees currently provide excellent screening alonq Camelot Lane and access from the northwest corner is restricted by the curve where Arthur Street intersects Camelot Lane. All of these points should b� resolved prior to issuance of the building permit for new home construction on this site. �B Staff Report L.S. #89-01 Page 3 Nortel Cable TV has indicated a need for an easement. At the time of the writing of this report, they had not defined the location or width of the easement. A stipulation to grant an easement for this purpose is recommended. Recommendation Staff recommends that the Planning Commission recommend approval of L.S. #89-01 allowing the requested lot split for 1501 Rice Creek Road N.E. with the following stipulations: l. The certificate of survey shall indicate a suitable building elevation for connection to the city sewer. The elevation shall be reviewed and approved by the Public Works Department prior to issuance of a building permit. 2. A grading and drainage plan shall be submitted with the building permit application for approval by the Public Works Department prior to issuance of a building permit. 3. The driveway location must be approved by the Public Works Department prior to issuance of a building permit. 4. The petitioner shall execute appropriate utility easements as requested by the City or by the Cable TV company. : /3. T 30, l�' 24 �F FR/OL EY '� 14 �2 E u � . � �s �.d �r� �.w. v 4�P a t 0 �\\ 4J ROIAND W. ANOERSO� / cOUNir wQV(roa _J _ �or� coVrn. rl7ors L.S. ��89-01 Mark Nyberg 41 TNIS IS A COWrLAf10N Of t� rHtr �w[�u n+ ,ra uro�. < �FICES AffEClddG iNE �Rt� TNIS DRAWIMG 15 f0 bf USE: R[FERENCf ►URlOSES �ND ' TT IS MOi RESlOMSIEIf �: � ACCUIGCYES �K�l CJN 539/3 u LOCATION MAP W L.S. 4�89-01 M�rlr u�t,o,-o 6D �4NING MAP w�.-��'�� � Lry 1 v0 � l ,D � �� f � � — a � �, + J u J� S � h I �� � � y � ` t� � � n � n _ r s ew�r f,-o � � s�,� N e u St � R�. � V v � ---- SF � ;i' -�' .T � s �. � ��o� i _� � r L.S. ��89-01 Mark Nyberg C A M E � o�T �,p N� J 3�` , � KI L� �IZ��K RD. S ITE PLA N 4E � � cinroF F��� DATE: TO: FROM: SUBJECT: Sandee's Restaurant level sign 210 feet They are requesting of-way. The owner planter. The owne place the sign wit lease agreement. A PLANNING DIVISION MEMORANDUM March 17, 1989 Planning Commission Members Barbara Dacy, Planning Coordinator Sandee's Restaurant Sign Request is proposing to xelocate the existing ground south along the Central Avenue right-of-way. to place this sign ten feet within the right- intends to place the sign within a landscaped r has received approval from Anoka County to hin the right-of-way, pending execution of a sign permit from the City is also necessary. The sign ordinance dictates that signs cannot be placed within public right-of-ways. We asked the City Attorney to review the ordinance and prepare a recommendation about this issue. The City Attorney recommended that the ordinance be amended to provide a process to review signs to be located in the public right-of-way. In the past, the City has permitted a sign in the right-of-way for a directior►al purpose without formal action (Stylmark Inc. directional sign at Mississippi Street and 2nd Street). The Central Avenue Corridor is unique in that there is a substantial amount of right-of-way (100 feet) which is not anticipated to be improved by Anoka County. Therefore, an unusually large boulevard area (28 feet) exists between the curb and the property line. ° We are seeking the Commission's input regarding a potential ordinance amendment. A similar memo is being prepared for City Council review on March 20, 1989. The City has the following options to amend the ordinance: 1. Amend the ordinance to state that any signs to be placed within public right-of-ways must receive a variance. Specific � construction guidelines should also be proposed. 5 Wir�t c. Herrick 4avid P. Newman )ames D. Hoefr Cnegg V. Herrick ��i10�1�1L�� 'L�C 1�`I � D� ,�11L�11 V` g".a�. ATTORNEYS AT LAW MEMORANDUM T0: Barbara Dacy, Planning Coordinator �� ?� FROM: Virgil Herrick, City Attorney �'��. , DATE: March 8, 1989 SUBJECT: Sandee's Restaurant Sign Request This memorandum is in response to your memo dated March 6, 1989. It is my understanding that the owner's of Sandee's Restaurant have applied to move their existing sign to a new location that is within the right-of-way of Central Avenue which is a county highway. You asked me whether a variance request should be processed. I call your attention to Fridley City Ordinance 214.04, Item 1. This section is entitled "Signs Prohibited in All Districts" and states that permanent signs may not be erected upon any right-of-way or public property. Minnesota Statute 462.357, Subdivision 6(2) refers to appeals that may be taken to the Board of Appeals for variances. This section provides in part "the Board of Appeals...may not permit as a variance any use that is not permitted under the ordinance for the property in the zone where the affected person's land is located." I interpret this to mean that the Board of Appeals cannot grant a variance for a use that is prohibited by the ordinance. Because of the above ordinance and statute, I am of the opinion that the City should advise the owner that the sign cannot be placed in the right-of-way. I understand that the Council has permitted some signs in the right-of-way previously. If this is an action that the Council wishes to have discretion, than the ordinance should be an�ended to state that signs may be placed in the right-of-way upon obtaining a variance. VCH:Idb Suice 205, 6401 Universicy Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 5B 1 � . .. � ` • r,�•' ..�• �'�: .r � �..:. t�.` '�t �,,-`',:�.r �:i-a; •a.� / • _ � t� •:�.;p ►+�.a- � �!' aM'(;� � , _ � • ,• .� ��•.• , : + yv�.. _ i--� .. �r. � •-~ � � J�' ��A..• • . � v ��` r � : . _ •� . w � . - t �s� � r � . . ''? �+� . . ' � � _ 1 _� ' _ _ _,_-_�.. _ � _ ��� ' - _ - 2_' _ _ .I� ,_ - ' _� , _'• : � _ . ' 1 ._.. ' - � '- ' ' - _ . _ . . . . �_� _.-_-C/TY.---- OF� _FR - _ � _ . _ --: _. _- ,- _ :-..-_ - - -, . - /DL EY i_ ' - " - � - � 1', - - - � . . -: - _-- _"_ ' - - � - . • ' � " . ... . ' �. ' , - . . �, — , - • - . • •� .. � • . . . . . . r :� . ._^.: _. 4 ; . . __ �,:. _. . 31 - - ._ � � �. - � �_ . .. EN�F- - - � . 4 - ••432••S.¢0.,�•� l� - VEC�-,� . , .• . . .,_. .. _ . . . :. � � ' � , � . �OBS�� iss i�s '�) _ is� ���' . 2 6��'� ����� 24��� �s� '-� (�1 q L_ ,� (5,�, ro � �o ���1,� � L.....� ���..i - .. �•, �� � I � � � �� �L �� �' �/Oc % � ��/c . � M�l CITY OF FRIDLEY HOIIBING & REDEVELOPMENT AIITHORITY MFETING, FEBRIIARY 9, 1989 ----------------------------------------------------------------- CALL TO ORDER• ROLL CALL• Members Present: Members Absent: Others Present: Larry Commers, Virginia Schnabel, Duane Prairie, Walter Rasmussen John Meyer Jock Robertson, Executive Director of HRA William Burns, City Manager & Director of HRA Dave Newman, HRA Attorney Rick Pribyl, City Finance Director Barbara Dacy, Planning Coordinator Bob Wojciak, Twin City Testing Corp. Mark Oppen, Twin City Testing Corp. Jack Lemley, Ashland Oil, Lexington, Joe Commers, The Commers Company J. E. Brill, Jr., 100 Washington Sq., KY Mpls. APPROVAL OF JANUARY 12. 1989. HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Ms. Schnabel, seconded by Mr. Prairie, to approve the January 12, 1989, Housing & Redevelopment Authority minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPER80N COMMERS DECLARED THE MOTION CARRIED IINANIMOIISLY. CONSIDERATION OF WINFIELD PROPOSAL FOR REDEVELOPMENT OF 57TH PLACE: Mr. Robertson stated the HRA and Winfield have already reached a tentative agreement on the basic outline of the development agreement; however, there is a soil contamination question that has to be resolved before they can proceed with the consummation of the development agreement. Staff is recommending that an independent testing firm, Twin City Testing Corp., be retained to analyze the soil boring information submitted by Ashland Oil on this site. He stated staff has been informed by the Ashland Oil representative that Ashland has also notified the MPCA about the contamination on the site, and there is a possibility the MPCA has -1- ; HOIISING b REDEVELOPMENT AIIT80RITY MEETING, FEBRIIARY 9, 1989 some additional information. Mr. Robertson stated the Commission members had a copy of a letter dated February�7 from Twin City Testing outlining their services. Twin City Testing will do two things: 1. They will analyze any existing data Ashland Oil has submitted to the City or that may exist in the State agency. 2. At such time and only after they have authority to enter the site, if any additional testing or supplemental con- firmation of data is required, Twin City Testing will be authorized to do that. Mr. Robertson stated Twin City Testing has submitted a scope of their services. It appears the scope of services of both these steps can be accomplished for between $2,500-3,500. Mr. Mark Oppen from Twin City Testing pointed out that after they have reviewed the existing data, they would want to modify their proposed scope of services . Mr. Newman stated the first step which staff discussed and reviewed at the joint City Council/HRA meeting a couple of weeks ago was to hire their own consultant to review the information that is already available and to get some insight into what is on the site. If Twin City Testing recommends they need additional soil borings, staff will contact Ashland Oil to see if they are willing to allow access to the property. If not, they will have to explore other available options. Mr. Oppen stated the first thing they will do is obtain information on the existing wells to try to find out if a chemical analysis of the water has been conducted. They will review that information and then make a decision as to whether further work will be needed. Mr. Commers asked what Winfield's position was on this. Mr. Robertson stated it is his understanding that Winfield has hired their own consultant to look at Ashland Oil's data, but the HRA deliberately made the decision to hire a separate firm rather than use the same consultant. Mr. Commers asked that in terms of the completion of the report, when Mr. Otten said 2-4 weeks for completion of the field work, when will the HRA have a final report of the findings. Mr. Otten stated the information they presented is based on the -2- HOUSING & REDEVELOPMENT AIITHORITY MEETING. FEBRIIARY 9, 1989 assumption t�iat they would immediately mobilize to the site and do some soil borings. Based on the new development that there might be additional information available, the reasonable things to do would be to obtain that information and review it. It is possible they could write a report based on the available information without doing any field work. In that case, the report will be available in 2-4 weeks after the information has been made available to them. Mr. Commers stated that if they do have to do some field work, when could a report be available? Mr. Oppen stated they can mobilize to the site in approximately 1- 2 weeks to do the field work. If they did the work using on-site equipment and screened the soils, they could prepare a report within 2-4 weeks after the field work, approximately 4-6 weeks total. If they did some chemical analysis of the soil samples at the HRA's request, then there would be a time period for the laboratory to complete its analysis which would probably add another week. � Mr. Robertson stated it is very important that Twin City Testing have a report available at the next HRA meeting. Mr. Commers asked if there is any problem with Ashland Oil giving permission for Twin City Testing to get on the property if it is necessary. Mr. Jack Lemley, Ashland Oil, stated the last time he was at the meeting, he had just found out about this project. Since that time, he has become informed. He stated he is very upset that the City is trying to throw Ashland Oil off the property. Rapid Oil is a good business in the community, and it is not even being included in the.redevelopment. He has furnished Mr. Robertson with a report. There are some wells on the property. He stated the HRA wants him to let Twin City Testing on the site in order to kick Rapid Oil off, and he is very unhappy about this. The HRA says they do not want a garage in the development. He stated Rapid Oil is not a garage. It is a good clean business, and it upsets him and his company that things like this are happening. Mr. Lemley stated they have drilled three monitoring wells on the property, and there is in excess of 200 parts per million in the soil. Things might be worse then they originally anticipated. He would suggest the HRA back off and let Ashland Oil clean up the property. They are planning to spend $200,000 to redo this location. -3- 80IISING 6 REDEVELOPMENT AIITHORITY MEETING, FEBRQARY 9, 1989 ° Mr. Lemley stated that as far as letting Twin City Testing onto the property, he would have to say "no" at this time. He would have to get clearance through his management if it becomes necessary. Mr. Lemley introduced his attorney, Jerry Brill. Mr. Brill stated Ashland Oil is in a very difficult position. The HRA is asking them to sign their own death warrant. They want to stay in the community, either as part of a redevelopment project, or on their own. They find it hard to believe that the City finds this to be a blighted piece of property when they are willing to spend this kind of money to improve it. Mr. Brill stated Ashland Oil will take this one step at a time. The City can certainly approach them if they feel access is needed to the site, and they will respond as promptly as they can. The MPCA has been informed of this, so Ashland oil has been apprised of their environmental responsibilities. Mr. Commers stated Mr. Brill's statement to go one step at a time is good for all of them to consider. Mr. Lemley stated as he had already said, Ashland Oil is willing to clean up the property if they are allowed to do so. It is their property and their environmental responsibility. He certainly did not mean to shut the door that Ashland Oil will not consider letting the City onto the property. But, as a representative of the company at this meeting, he has to say "no" until he can discuss it with management. Mr. Burns asked to what extent is the Crosstown Bank location on the site contingent upon getting the billboard/sign on the Holiday Plus property. Mr. Newman stated it was indicated at an earlier meeting that the sign is extremely important. Mr. Burns stated he just wondered how realistic the achievement of the sign permit is. If that is going to determine whether or not Crosstown Bank goes in on the site, then that should be a consideration at this meeting. If Crosstown Bank does not get the billboard/sign, there might not be a project. Ms. Schnabel stated she raised that particular concern when she heard that Crosstown Bank wanted a readerboard sign. The City's Sign Ordinance just does not permit that type of signage. She had raised the question at the meeting attended by Mr. Dorn, Crosstown Bank, if they were going to run into problems and was the project -4- HOIIBINQ 6 REDEVELOPMENT AIITHORITY MEETINa. FEBRIIARY 9. 1989 going to fail without the signage? Mr. Joe Commers stated he was in attendance at that meeting also, and it was very clear that Crosstown Bank needed a variance. He stated he made: it clear at the July meeting when his development team made their proposal that they were not asking for any variances. Mr. Joe Commers stated his development team is still very interested and enthused about the project and working with Ashland Oil. It is still his conviction that the only way redevelopment can really happen at 57th Place is if their team or some other team includes Rapid Oil into the project. They need the cooperation of Ashland Oil and in order to get that cooperation, Ashland Oil wants to be included in the project. Things seemed to be rapidly unraveling from what was discussed at the July and August HRA meetinqs, and it is very disconcerting to him. He stated, again, his development team is very enthused about doing a development with Ashland Oil, and it is their conviction to stay present until something has actually happened. Mr. Commers stated that it seems apparent that in any respect, they should go ahead with Twin City Testing. It is also apparent that if there are some potential roadblocks for the bank being a part of the project, those problems should be resolved as expeditiously as possible. If the Bank is asking for a variance, he hoped that can be resolved within the next 30 days. Ms. Dacy stated Crosstown Bank has applied for a special use permit for the installation of a billboard and automatic changeable sign. Staff has completed its review, and the application is being routed through the various departments. Staff has determined 2-3 variances will be needed because the sign does not meet the required setbacks. She stated she is trying to arrange a meeting with Mr. Dorn to discuss the application. Ms. Dacy stated that in 1981 Naegele submitted an application for a billboard on the opposite side of the Holiday Plus site and that was denied. So, historic factors, as well as ordinance factors, will have to be taken into consideration. She stated the special use permit will be heard by the Planning Commission on Feb. 22. Mr. Newman stated that as Mr. Commers had stated, no matter who the developer is for the site, a soil report is needed. OM TION by Mr. Rasmussen, seconded by Mr. Prairie, to approve the retention of Twin City Testing in accordance with Twin City Testing's proposal and cost estimate dated February 7, 1989. -5- HOIISING � REDEVELOPMENT AIITHORITY MEETING. FEBRIIARY 9. 1989 IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COI�II�iERB DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Lemley stated there was discussion previously about Rapid Oil relocating onto the car lot property on the south side of SuperAmerica. He stated he, along with their real estate people,; have looked at the site and feel it is very inferior to their present location because of access and the visibility (trees which block the visibility). Mr. Commers thanked Mr. Lemley and Mr. Brill for coming to the meeting. He stated that no matter what happens, they want to get the pollution problem solved with a minimum amount of difficulty. 2. CONSIDERATION OF TANURB PROPOSAL FOR REDEVELOPMENT OF SOUTHWEST QUADRANT OF UNIVERSITY AVENUE & MISSISSIPPI STREET• Mr. Robertson stated at the joint IiRA/City Council meeting on January 30, 1989, staff had briefly outlined the Tanurb proposal. In his memo to the HRA dated Feb. 2, 1989, he had outlined the proposal in more detail. At this point, they understand that the representatives of Tanurb are doing their own market investigation of the site and of the trade area. They are in basic agrement with the outline of the development agreement being presented to the HRP, at this meeting. The question remains, however, of how soon Tanurb can complete their market investigations and make a"go/no go" decision. There is a possibility that because of their obligations and the purchase options, they might ask the HRA to schedule a special meeting. Tentatively, that might be in two weeks; however, the initiative now lies with Tanurb. Mr. Commers stated there seems to be a number of issues that will have to be faced and discussed in this project, because it is entirely different from what they have normally done in the past. Mr. Newman stated that is correct. Before they ask the HRA to act on the development agreement, staff will have to provide the HRA with an indepth financial analysis of the increment that might be generated, along with other information normally provided to the HRA. But, that is premature until they get a conceptual agreement. 3. CONSIDERATIONS OF A DRAFT INVESTMENT POLICY: Mr. Pribyl stated the HRA had received a copy of the Fridley HRA Statement of Investment Policy. This Investment Policy has been reviewed with Mr. Rasmussen. He stated the Investment Policy incorporates two different types of guidelines: -6- HOUSING � REDEVELOPMENT AIITHORITY MEETING, FEBRIIARY 9, 1989 1. State Statute. The State Statute is very encompassing in what governmental agencies are actually allowed to inveSt in. 2. Guidelines are set up by the Governmental Finance Officers Association. Mr. Pribyl stated the Investment Policy actually defines the methodology in which the investing takes place. It also defines what types of instruments are actually allowable and also the time- line with maturities, and that is somewhat critical in this particular situation because of the development process the HRA is involved in. Mr. Pribyl stated he would like to thank Mr. Rasmussen for initiating this particular idea. It is something he felt was important long ago, and it provides safeguards for, not only the HRA members, but also himself as Treasurer. MOTION by Mr. Rasmussen, seconded by Ms. Schnabel, to approve the Fridley Housing & Redevelopment Authority Statement of Investment Policy. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON COMMERB DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Commers stated he is very satisfied with this Investment Policy and is glad that one has been done. Ms. Schnabel and Mr. Prairie agreed. 4, COATSIDERATION OF AGREEMENT BETWEEN CITY OF FRIDLEY AND SCHOOL DISTRICTS• - Mr. Commers stated this was discussed again at the joint City Council/HRa meeting which he had not been able to attend. He had voiced to Mr. Pribyl and Mr. Robertson his questions about the ultimate agreement. He stated he feels the HRA should do as much as they can for the school districts; however, he does see some problems regarding tYie availability of funds and what might happen. He stated he had no problem with the HRA approving the agreements and passing them on to the City Council. MOTION by Mr. Rasmussen, seconded by Ms. Schnabel, to approve the draft agreements presented by Jim O'Meara and pass them on to the City Council and then to the School Districts for their authorization. -7- HOII3ING � REDEVELOPMENT AIITHORITY MEETING. FEBRIIARY 9, 1989 IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N CO1rIIrIEIt3 DECLARED THE MOTZON CARRIED IINANIMOIISLY. 5. INFORMATION ON LRT DEVELOPMENT: Ms. Dacy stated Anoka County has joined forces with Hennepin County to investigate the LRT for an overall system in the metropolitan area. Anoka County has established three committees of which the City Council has appointed three representatives: Steve Billings, Intergovernmental Committee; John Flora, Technical Advisory Committee; Scott Lund, Corridor Advisory Committee. These committees are coming to decision making points about what type of "philosophy" the LRT should take in Anoka County. The philosophy debate is between a commuter route versus an urban route. Included in the HRA agenda (page 5-A) were definitions of the two philosophies. She stated, basically, the commuter philosophy is one where a rider boards the LRT at Northtown and travels to downtown Minneapolis with as few stops as possible, minimizing the travel time to downtown Minneapolis. The urban philosophy has more stops along the corridor providing more access for developments at the station locations or neighborhoods in and around the area to use LRT. Ms. Dacy stated in Attachment #3, there is a comparison of travel times. She stated the preferred LRT route will start at Northtown, run south along the east side of University Avenue to I-694, go east along I-694 either on the north or south side to Central/Highway 65, and then south on Central Avenue to downtown Minneapolis. This is the preferred route of the three committees as of this date. The ultimate decision making authority will be the Anoka County Railroad Authority which in essence is the Anoka County Board. Ms. Dacy stated there is some uncertainty as to whether MnDOT will approve the LRT within the I-694 right-of-way; and if not, the optional route is to have a crossover along 73rd Avenue to Highway 65. Ms. Dacy stated a number of criteria is being looked at in trying to determine which route is the best: travel time, which route minimizes the most land use impacts, which route requires the least amount of acquisition, and which route generates the most ridership. - � Ms. Dacy stated it appears that north of I-694, the University Avenue route would have the least amount of impact along the right- of-way and have the most riders. South of I-694, it seems that -8- HOIISING & REDEVELOPMENT AIITHORITY MEETING, FEBRIIARY 9, 1989 Central Avenue has those benefits. There is still some seesawing at this time, and the type of philosophy the communities recommend is going to be�a factor in the route decision. - Mr. Commers asked how the LRT will affect the University Avenue Corridor plan. Mr. Robertson stated it is compatible with the University Avenue Corridor plan. Examples of other LRT installations feature extensive landscaping, lighting, and pedestrian improvements. He stated they have also checked with Barton-Aschman, and Barton- Aschman agrees. Ms. Dacy stated that with the commuter philosophy, three stations are being proposed at the following locations in Fridley: Columbia Arena, Mississippi Street, and 57th Avenue. With the urban philosophy, the following station locations are proposed in Fridley: 81st Avenue, Osborne Road, and possibly one at 53rd Avenue (if the LRT crosses over to Highway 65). Ms. Dacy stated she would like to talk about the station locations because they can affect some of the upcoming projects the HRA will be dealing with. For example, at 57th Avenue, a station location is proposed in the immediate area between the Rapid Oil building and the University Avenue Corridor and that would provide parking for 44 cars. They are also looking at a park and ride facility in the southwest corner of University/I-694 next to The Cattle Company. Ms. Dacy stated that at their February 8th meeting, the Planning Commission said they would like all the park and ride facilities located on the same side of the right-of-way as the LRT stations. At this particular intersection, they are aware in concept of the possible redevelopment. Their suggestion was to encourage Anoka County to take the used car lot for parking. They wanted the HRA to be aware that this particular site is being looked at as a station location; and maybe through negotiations, accommodations can be made on the site plan for some park and ride facility. Ms. Dacy stated the Planning Commission is equally concerned with the impact on the University Avenue Corridor proj ect and made a statement that a lot of attention must be paid to landscaping, screening, and lighting. Their concern is that the location of the parking area is literally "on top" of traffic lanes and maybe there should be more separation between the street and the LRT tracks. Ms. Dacy stated the LRT would be at grade, and it would have its own exclusive right-of-way. It will be able to override traffic -9- HOOSING 6 REDEVELOPMENT AIITHORITY MEETINC�3, FEBRIIARY 9, 1989 signals on University Avenue. It will be a two track system with three cars, one driver, with a capacity of 500 people. Mr. Rasmussen asked about the timetable. Ms. Dacy stated the preliminary engineering phase is going to take 1-1 1/2 years to complete, then funds must be acquired, so they are looking at 2-5 years before the system is implemented. Ms. Schnabel asked if the used car lot became a park and ride facility, would the station location have to be there too? Ms. Dacy stated it did not have to be located there. It could be a"walk-up"--just a platform on a concrete slab. So, the actual station might just be a glorified bus shelter. She stated the advantage of a parking facility and a station at this location is the closeness to I-694 for people coming from the east and west who could park and the ride the LRT downtown. Ms. Schnabel stated a statement has been made recently that there is more traffic between suburbs than there is between suburbs and the core city. This LRT system will not really address that situation; it will basically get people in and out of downtown Minneapolis. Ms. Dacy stated the consultants from Anoka County admit that, initially, through the Anoka County route, this route will connect to the Hennepin County system. Hennepin County proposes to build four lines at once to try and build on a radial approach to the metropolitan area so eventually a person starting at Northtown can get to the airport or the Megamall or the Hopkins area. They will admit this will not provide .the alternative means or access for someone from Fridley to get to Maplewood, for example. The majority of the ridership (80%) will be using the facility for commuter trains. Ms. Dacy stated another park and ride facility is being proposed on the north side of 10,000 Auto Parts store. They have found from other cities that have LRT that LRT does tend to increase retail sales per square foot of existing development. So, it could be an enhancement to existing businesses in Fridley. Ms. Dacy stated that as far as the Columbia Arena site, the Planning Commission has a lot of concerns about having a station there for three reasons: (1) the lack of direct access into 71st Avenue and the rather circuitous access into the facility; (2) no east/west direct link from Highway 65; (3j a park and ride facility had been looked at for 71st Avenue, but this has been approved for -10- e 80IISI�TG � REDEVELOPMENT AIIT80RITY MEETING, FEBRIIARY 9, 1989 � r� an industrial subdivision. The Planning Commission wanted the consultant to look at Osborne Road as a commuter station, rather than Columbia Arena. Ms. Dacy stated it is the Planning Commission feeling that the parking at Immanual Christian Center located near Osborne Road and University Avenue is underutilized and maybe this could be a potential site for investigation for a park and ride facility. Ms. Dacy stated the Planning Commission feels a commuter station should be at Osborne Road, Mississippi Street, 57th Avenue, and they do not feel there should be a station location at the Lake Pointe site if the route goes along I-694. They feel that if there is sufficient area at 57th to provide adequate parking, because Lake Pointe is in such close proximity, that could serve as an access for any potential Lake Pointe development. Ms. Dacy stated the Planning Commission is more in favor of the commuter philosophy. If the urban philosophy is chosen, they can live with it; but they wanted the stations on the east side of the right-of-way, adequate landscaping, and that the bikeway/walkways be left in place. Ms. Schnabel stated that even if there is a station location at 57th Avenue, it might be more convenient for employees from Lake Pointe to have a station at Lake Pointe. Ms. Dacy stated another reason the Planning Commission thought a station at Lake Pointe might not be necessary is because some companies provide shuttle bus services, and maybe this could be implemented in this situation. INFORMATION ON FRIDLEY PLAZA OFFICE BUILDING: Mr. Robertson stated that at the January meeting, he was asked about the amount of rent billed to the HRA for the office building in the amount of $3,209.56, and Mr. Pribyl had confirmed that was for monthly rent for the office building. Mr. Robertsor� stated that as they went to press with this agenda, they understood that the closing for the sale of the Fridley Plaza Office Building was imminent. Mr. Newman stated the closing will probably be Feb. 15-16. CLAIMS (1857-1864): MOTION by Ms. Schnabel, seconded by Mr. Prairie, to approve the -11- HOUSING � REDEVELOPMENT AIITHORITY MEETING, FEBRIIARY 9, 1989 check register as presented. IIPON A VOICE VOTE, ALL VOTING AYE � CHAIRPER80N COMMERS DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Pribyl of billing personnel. The total 1988. stated he had included information on the total amount on behalf of the City personnel that also double as HRA This is based on a request made by the HRA last year. cost of personal services is $106,820.12 for the year 8. OTHER BUSINESS: a. b. c. Brickner Proposal, Old Central Avenue (memo from Jock Robertson dated Jan. 5, 1989) Mr. Robertson sated this was for the HRA's information. He stated Mr. Brickner will have a neighborhood meeting, and the City Council has requested no action be taken by the HRA until they see the results of that meeting. Mr. Commers stated he would like something from the City Council that tells the HRA why they should approve Mr. Brickner's project when other projects have been put on hold pending the senior housing study. Mr. Brickner's project is obviously an excellent project, and he has done a lot for the City of Fridley and they should help him, but it is still a fact that they have to treat these developers fairly. Old Cub Foods Site Mr. Burns stated another Canadian developer, Southam Corporation, out of Winnipeg, is interested in developing the Cub Foods site for a six-theatre movie house plus some retail. They are not asking for any tax increment financing. Staff has told them about the Tanurb site, and they would be interested in that site if the Tanurb project does not go. Mr. Burns stated he has asked Mr. Robertson to prepare a 1990 budget for the HRA, and he hoped this is agreeable with the HRA. • The Commissioners concurred with having a budget prepared. IIniversity Avenue Corridor Project Mr. Burns stated he has never had the benefit of any discussions regarding the University Avenue Corridor. He has -12- " HOIIBING & REDEVELOPMENT AIIT80ItITY MEETING, FEBRIIARY 9, 1989 asked Mr. Robertson and Mr. Flora to review the project for the City Council after their March 6th meeting. He stated they are due to go out for bids in April, and he wanted to know if the HRA supported this project. Mr. Commers stated the HRA has certainly supported and approved of the University Avenue Corridor project. Mr. Commers stated that Ms. Schnabel chaired the Technical Advisory Committee that put the project together, and she would be an excellent resource person. Mr. Robertson stated he is preparing a summary of key decisions and dates for Mr. Burns to be used as a review document. Mr. Commers stated one of the biggest issues that has been a negative for the HRA is the maintenance and who pays for the maintenance. Ms. Schnabel stated a concern she had is that having waited two years to get the project off the ground once the commitment was made, the cost might be in error now. ADJOURNMENT• MOTION by Mr. Rasmussen, seconded by Mr. Prairie, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE FEBRUARY 9, 1989, AOUSING & REDEVELOPMENT AUTHORITY MEETING ADJOURNED AT 9:10 P.M. Res ectfully submitted, ��k�-6`-�_ Lyn Saba Recording Secretary -13- � � CITY OF FRIDLEY APPEALS COMMISSION MEETING, FEBRIIARY 28, 1989 ----------------------------------------------------------------- CALL TO ORDER• Chairperson Barna called the February 28, 1989, Appeals Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Alex Barna, Jerry Sherek, Kenneth Vos Diane Savage, Larry Kuechle Barbara Dacy, Planning Coordinator David & Joan Lenzmeier, 6351 Street N.E. Tim & Jill Poirier, 6361 Street N.E. APPROVAL OF JANUARY 28 1989 APPEALS COMMISSION MINUTES: MOTION by Mr. Sherek, seconded by Dr. Vos, to approve the January 31, 1989, Appeals Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HARNA DECLARED THE MOTION CARRIED IINANIMOIISLY. CONSIDERATION OF A VARIANCE RE4UEST VAR #89-03 BY DAVID & JOAN LENZMEIER: Pursuant to Section 205.04.05.B.(2).(b).(1) of the Fridley City Code to reduce the side yard setback from 4 feet to 2.5 feet to allow an addition to an attached single car garage on Lot 15, Block 7, Christie Addition, the same being 6351 Monroe Street N.E. MOTION by Dr. Vos, seconded by Mr. Sherek, to open the public hearing. � IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BARNA DECLARED THE MOTION CARRIED IINANIMOIISLY AND THE pQBLIC HEARING OPENED AT 7:37 P.M. Chairperson Barna read the Administrative Staff Report. Ms. Dacy stated the petitioners are requesting the 1 1/2 feet variance to expand their garage to 17.5 feet in order to install a 16 feet overhead door which will allow for the storage of two -1- � APPEALS COMMISSION MEETING, FEBRIIARY 28. 1989 Ms. Dacy stated in reviewing the proposal and other parcels in the surrounding neighborhood to determine if justification exists to grant the requested variance, they found that there appears to be no exceptional or extraordinary circumstances relating to this property, nor is an unnecessary hardship caused by strict application to the Zoning Code. The petitioners could construct an addition which would not require a variance. Ms. Dacy stated if the variance is approved, staff is recommending the following stipulation: l. All exterior walls less than 5 feet from the property line must be constructed of 1 hr. fire resistant materials on the inside with no unprotected openings allowed. Ms. Dacy stated the applicant submitted a site plan depicting the existing conditions to show that their existing garage is 6 feet from the north property line, and the home at 6361 Monroe is approximately 10 1/2 feet from the common lot line. Their plan is to go to 2 1/2 feet from the lot line. Ms. Dacy stated the basis for staff's analysis is that if there is any way to meet the ordinance, that should be done. A variance should only be granted when it would cause a severe hardship for the petitioner if it was not granted. She realized an extra 1 1/2 feet is needed for clearance to install a 16 feet garage door, but that is not a criteria that can be used. Mr. Sherek stated that if this variance is not granted, how close to the lot line can the neighbor to the north (6361 Monroe) build? Ms. Dacy stated that is an issue that should be discussed by the Commission. As the Commission is aware, they made changes to the ordinance about two years ago to provide for these reduced setbacks for garage e}cpansions. The way the ordinance reads now is that the property owner at 6361 Monroe cannot expand down to 4 or 3 feet if this variance is granted. Mr. Barna stated he believed the ordinance changes provided for 8 feet between structures. Ms. Dacy stated if the variance is granted, the neighbor at 6361 Monroe would be allowed to build up to 5 feet from the property line. -2- APPEALS COMMISSION MEETING. FEBRIIARY 28. 1989 Mr. Barna asked Mr. Lenzmeier to expand on his hardship. The hardship as stated in the staff report was: "We need a variance of 1 1/2 feet to enlarge our garage to 17 1/2 feet in order to get a 16 feet overhead door in. We have 2 cars and a camper trailer to house within it." He stated the Commission can consider the Minnesota winters and the need for a double car garage in Minnesota as hardships. Mr. Lenzmeier stated that right now they have a single car garage. They have two cars and a camper trailer. The previous owner at 6361 Monroe was agreeable to their storing the camper trailer between the two garages during the winter. The present owner at 6361 Monroe (Tim Poirier) has not complained about the camper trailer being there, but they would like to be able to store it inside the garage along with the two cars. They would like to have a two car side-by-side garage rather than a tandem. If they built a tandem garage, there is always the necessity to ��jockey" cars around. Also, he has chosen to be a volunteer firefighter. There is always the possibility in cold weather that if the car in front does not start, how does he back out the car to answer the alarm? The feasibility of a side-by-side garage versus a tandem garage is much higher for them, and it is also for their convenience. Mr. Lenzmeier stated that Mr. Barna indicated the Code maintains that the structures be at least 8 feet apart. By reducing his variance to 3 feet, it puts his garage 3 feet from the lot line, allowing his neighbor to build within 5 feet of the lot line, and thereby maintaining the 8 feet between structures. Mr. Lenzmeier stated the common size garage door is 16 feet, so he could go down to a 17 foot wide garage instead of 17 1/2 feet. Mr. Tim Poirier, 6361 Monroe Street N.E., stated that if Mr. Lenzmeier is permitted to build up to 2 1/2 or 3 feet from the lot line, that would mean he could only build up to 5 feet from the lot line. He stated if his property has to bear a disproportionate burden for space between the garages, then he is opposed to this variance. If Mr. Lenzmeier built 4 feet from the lot line which is allowed by Code, then he, Mr. Poirier, could also build up to 4 feet from the lot line, maintaining the 8 feet between structures. He stated he wanted to be treated equally with his neighbor. He did not want his property to have this additional burden on it for all time. And, if Mr. Lenzmeier is allowed to build up to 2 1/2 feet from the lot line, he did not think there was much possibility of the City granting him a similar variance to 2 1/2 feet, making only 5 feet between the structures. -3- APPEALS COMMIBSION ME�TING, FEBROARY 28, 1989 Dr. Vos stated the only hardship he could see in this situation is the need to have a garage for Minnesota winters. The width of the lot is already pretty filled up, and there is nothing unique about the layout of the lot that creates a hardship for.the petitioner. He stated owning a camper trailer is not a hardship. He stated he did not know of any 16 foot garages with 15 foot doors. Mr. Barna stated he could not see anything in this particular situation that showed proof that the Commission should grant a variance beyond the 4 feet. There is not a significant hardship. MOTION by Mr. Sherek, seconded by Dr. Vos, to close the public hearing. Mr. Poirier stated that if Mr. & Mrs. Lenzmeier were willing to table their variance request until he is able to make a variance application, then it would not be necessary for the Commission to deny this request right now. Mr. Barna stated that was correct. The variance could be tabled indefinitely. Mr. Sherek, with the concurrence of Dr. Vos, withdrew the motion to close the public hearing. MOTION by Mr. Sherek, seconded by Dr. Vos, to table variance request, VAR #89-03, by David & Joan Lenzmeier indefinitely. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Sherek stated if the Com�ission had voted on this request, he would have had to vote against it for two reasons: 1. He is generally opposed to houses being so close together. 2. If the variance was granted, he would not want the present owner or the future owner of the property at 6361 Monroe to be restricted by this variance. ADJOURNMENT• MOTION by Dr. IIpon a voice Febrtlary 2 8 , p.m. Vos, seconded by Mr. Sherek, to adjourn the meeting. vote, all votinq aye, Chairperson Barna declared the 1989, Appeals Commission meetinq adjourned at s:15 -4- APPEALS COMMISSION MEETINQ. FEBRIIARY 28, 1989 Respectfully submitted, ./ �--Q-- ���� Lyn Saba Recording Secretary -5- '� Z: CITY OF FRIDLEY JOINT ENVIRONMENTAL QUALITY COI�IlKISSION/ ENERGY COMMISSION MEETING FEBRUARY 28, 1989 CALL TO ORDER: Chairperson Saba, Energy Commission, called the February 28, 1989, Joint Environmental Quality Commission (EQC)/Energy Commission meeting to order at 7:40 p.m. ROLL CALL: Members Present: Bruce Bondow, Paul Dahlberg, Dean Saba, Bradley Sielaff, Steve Stark, Wayne Wellan Members Absent: Richard Svanda Others Present: Lisa Campbell, Planning Assistant APPROVAL OF JANUARY 17, 1989, JOINT EQC/ENERGY COMMISSION MINUTES: 0 MOTION by Mr. Wellan, seconded by Mr. Dahlberg, to approve the January 17, 1989, Joint EQC/Energy Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SABA DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. NEW BUSINESS a. Combining the Commissions Ms. Campbell indicated she had spoken with staff regarding combining commissions. It was felt that the Charter Commission would be flexible regarding the number of inembers. Her suggestion is that the commission eventually become a 5-member commission, and that both chairpersons participate and whose position term was first over would then not be on the Planning Commission. Mr. Dahlberg asked what would happen to the two positions on the Planning Commission.• Ms. Campbell indicated that one person would represent the commission and the other person's position would become an at-large position. JOINT EQC/ENERGY COMMISSION MEETING, FEBRUARY 28, 1989 PAGE 2 Mr. Saba indicated the Planning Commission has six members. He � did not have a problem regarding the chairperson position, but he did feel this should be brought up before the Planning Commission t"o see what their wishes were. In discussions with Mr. Bondow, they talked about changing the name of the commission or combining names. Mr. Wellan asked why the membership of 5 had been recommended. Ms. Campbell indicated that this would be consistent with the other commissions. Mr. Saba noted that the level of 5 members would be reached through attrition. Ms. Campbell agreed. No one would be required to leave, but persons leaving the commission would not necessarily be replaced. Mr. Dahlberg suggested the phrasing be "not less than 5 members." The members now on the commissions may want to be involved indefinitely. Mr. Saba indicated that discussions at the Planning Commission meeting have been that the membership remairi at the existing number, but thought it should be left up to the commission. The larger membership gives us the flexibility to set up special project committees as needed. Mr. Saba indicated an advantage of combining was that many ofethe issues cross into both areas including recycling and radon. One of the disadvantages is that members may not want to address all these issues. Mr. Dahlberg indicated a benefit from the staff standpoint is one meeting rather than two. Ms. Campbell thought combining was a good idea and felt the members have all worked well together for the past year. Mr. Dahlberg thought that the issues should be kept separate on the workplans with other subissues falling under one or the other. He felt the issues that have been addressed are interrelated and did not foresee a dramatic change. However, he felt that even if the commissions did combine the workplans should be kept separate. Mr. Saba asked if combining commissions would be a problem for staff. Ms. Campbell indicated there would not be a problem either way. Mr. Saba indicated that one reason the commissions met jointly was due to staff prc�blems at the City. In discussions with Councilmembers, there has been expressed apprehension about combining. The problem is replacing members. However, appointments to the commissions are tabled when Council meeting agendas and/or meetings are lengthy or cover more pressing issues. n JOINT EQC/ENERGY COMMISSION MEETING, FEBRUARY 28, 1989 PAGE 3 i Mr. Stark felt that part of the problem is staffing for commissions. He wondered if people know there are openings on commissions. Ms. Campbell indicated that an announcement is placed in the Fridley Focus. , Mr. Stark would like to see ads run for members for the two commissions to see if there is interest. If not, then combine. Mr. Wellan indicated there were persons who expressed interest but who were not appointed to the commission. Mr. Saba noted that another problem is interest. It is hard to get continuity. Ms. Campbell indicated that one benefit is that we know the current membership is a committed group. Mr. Wellan felt the issues similar and the technology close. The members understand the issues and can adapt. The larger size allows flexibility. Mr. Wellan agreed with combining and keep membership at 7. In several years, this may be different, but right now he thought it important to keep the membership. Mr. Sielaff also agreed with combining and keeping the membership at 7. In addition, he would like the commission to have the say in the future as to whether to separate again if the issues are such ttiat this is necessary. Mr. Saba did not see a problem with the the two committees combining but yet keeping separate identities. Mr. Bondow noted that the energy issues do not have the urgency right now that they once did, which may be a problem in attracting members. He is in favor of continuing as a joint commission. Mr. Sielaff felt that if each has their own group it is more difficult to comment on what the other commission is doing. . Mr. Saba felt that combining could inhibit pursuing issues because of longer agendas. There is also the possibility that if the commissions combine there is no way to separate again. Mr. Wellan indicated that there will be interest in the commissions if a real concern arises. People will respond when they are affected. Mr. Dahlberg felt that, if there is interest by others in the community to become involved and serve on either a single commission or joint commission, the opportunity should be provided. This would provide a better nucleus. If people are interested, they should be appointed. Mr. Bondow felt 4 to 5 people are needed to get a good interchange of ideas. � JOINT EQC/ENERGY COI�IISSION MEETING, FEBRUARY 28, 1989 PAGE 4 Mr. Sielaff felt members should be tied to the tasks to be done. � Mr. Dahlberg stated that the members do not really do the work. The members are the idea people. On occasion, a member will go out and participate but in general the work is done by staff. We can be as big as we like and generate as much as we can. Mr. Dahlberg asked what the possibility was that there would be more support staff. Ms. Campbell felt the possibility slim. This may be possible if there are grant funds available to fund a position. Mr. Saba felt more grants should be sought. He felt this was one of the key jobs of the commission. Mr. Dahlberg felt that a decision should not be made immediately. A discussion at the Planning Commission would be helpful. Mr. Saba agreed it would be helpful to get their ideas. There was apprehension expressed about the representation on the Planning Commission. Ms. Campbell suggested that she write a summary memo and then come back and discuss the issue. Mr. Dahlberg recommended that the one position on the Planning Commission not be eliminated. He liked Mr. Stark's suggestion to see if there are persons interested in serving on either or both commissions. Ms. Campbell indicated that it would be more difficult to combine if the membership is at full complement. If the intent is to combine and keep the membership at 7, then why get additional members? Mr. Wellan indicated that the 7 members is not a problem. The concern is whether or not to combine. Mr. Saba indicated that there are benefits to combining but also disadvantages. Mr. Stark indicated that more items have been environmental and he has enjoyed it. If the issues were energy, this may not be true. Mr. Bondow felt the issues became mqre interesting as members became more involved. Mr. Saba felt there should be the flexibility to meet as sub-committees to handle separate issues, and the sub-committees could meet separately as needed. Ms. Campbell indicated that, at the County level, staff is present at those meetings. She thought the sub-committee approach useful. '� JOINT EQC/ENERGY COMMISSION MEETING, FEBRUARY 28, 1989 PAGE 5 ; Mr. Wellan suggested that the agenda could be limited to.several key issues for each commission. Mr. Saba recommended making a decision on the basis of what staff would like as well as having the ability to work in sub-committees and having a membership of 7. Mr. Bondow indicated he would like to have input from the Planning Commission and staff before making a recommendation. Mr. Saba will get more information from the Planning Commission ° and asked to continue discussion at the next meeting. Ms. Campbell noted that, in summary, the commission wishes to combine, have a membership of 7, and use the sub-committee approach. Ms. Campbell will speak with Ms. Dacy, who may want to summary memo written. b. Review of the.Energy Commission and Environmental Commissions' Workplans Ms. Campbell indicated that the Energy Commission workplan is not a new one. Members were asked to review the information and provide suggestions for input. This item was tabled until the next meeting. c. Recycling Containers/Pilot Project Ms. Campbell had met with a local bin distributor, Shamrock, and showed.a sample of their products. The bins are the same as the ones the Council had selected, but they are a solid wall construction and made in the Twin Cities area. The cost per bin is $6.08 with two logos. Based on the Council's last review, the bins would be used for glass and cans with newspaper placed on the side. Mr. Dahlberg asked if the bins had a divider for colored glass. Ms. Campbell indicated that while glass is supposed to be separated by color, it will not be left on the curb if not sorted. Mr. Wellan asked if the bins were made of recycled plastic. Ms. Campbell was not sure. Mr. Saba stated the bins were large enough to put bags in the bin to separate glass. Ms. Campbell stated that the bins could be issued as part of a pilot project or can be sold. Mr. Bondow asked if Ms. Campbell was looking at contracting directly with Shamrock. Ms. Campbell stated she was. Mr. Bondow wondered if Shamrock would set up any kind of distribution so that the bins could be available through a hardware store or other retail store. He would be willing to take the bins to a retail store and get the owners opinion of this idea. � JOINT EQC/ENERGY COMMISSION MEETING, FEBRUARY 28, 1989 PAGE 6 Ms. Campbell indicated that she was thinking of doing a pilot project first and then selling the bins. � Mr. Dahlberg asked if there should be an exclusive in the city. Mr. Saba thought the only exclusive thing would be the Fridley logo to control distribution to Fridley residents. Ms. Campbell noted that with two logos there would not be a materials name on the front of the bin. She does like the materials label. Mr. Saba suggested developing a sticker for the logo to be put on the bin. Mr. Bondow added that the artwork has already been done so costs for developing a sticker should be minimal. Ms. Campbell was asked to get prices for the bins with just the materials label, the label and one logo, and two logos. She will check with Shamrock. Based on the cost of $6.08 and the funds available from the Lions, 328 households could get involved. Mr. Sielaff asked if the bins came in different colors. Ms. Campbell indicated they do and that she was thinking of green and blue. Mr. Saba asked Ms. Campbell to also ask Shamrock if they would be willing to sell bins through a retail store. � Mr. Dahlberg stated they should make sure that the Fridley logo is on the bin. Mr. Wellan questionned the importance of the City logo. If the residents will be buying the bins, he felt there should not be restrictions. Mr. Saba felt it important to get the City identity. Mr. Dahlberg suggested giving City decals to the retail stores and have the buyers put them on the bins. Mr. Saba indicated that in this way, by using retailers, the City is not put in the business of selling bins. The City could provide promotion for the businesses willing to handle the bins. Mr. Bondow asked how a pilot project could be started. Mr. Saba suggested obtaining other sources of funding. Mr. Bondow suggested saving out some of the funds in order to provide coupons in the paper good toward the purchase of the bins. e JOINT EQC/ENERGY CO1�'lISSION MEETING, FEBRUARY 28, 1989 PAGE 7 � Mr. Wellan recoIInnended contacting Mr. Maynard Nielson to see if there are some key people who should first have bins. Mr. Dahlberg indicated that after certain people receive bins, key Lions members, Councilmembers, the number of bins available for a pilot program will be reduced. One objective of a pilot program is to monitor the volume, so a pre-survey will need to be done. Does Super Cycle provide that information? Ms. Casnpbell stated that Super Cycle records the number of stops. She suggested that the commission may want to divide the areas differently. Mr. Saba thought it should be determined how many Lions members recycle, Councilmembers, and block captains who put out their recycle signs and see if there are enough bins. Mr. Dahlberg disagreed fndicating that this would saturate the City with bins, but that this would not be a pilot or test project. , Mr. Stark understood that the bins were intended for the general public. Ms. Campbell agreed. The Council would have to approve a pilot program. . Mr. Dahlberg felt that getting more funds would be beneficial. He felt there should be a pilot program and there should be bins in two neighborhoods so that bins are out every Friday. A pilot project would show that bins do increase volume. Ms. Campbell indicated she would like to show that bins work. If the Council does not provide them, the residents will have a place to get them. The use of bins does increase volume, but there are also other incentives. Mr. Saba asked if there was an interest in obtaining additional fundin�. The VFW will allocate funds if the City writes a letter asking for funds for a project. Their income is to go to non-profit organizations. Mr. Stark thought a pilot program would be helpful by showing other organizations what it can do for them. He liked the idea of a pilot program and recommended doing so in neighborhoods on the main streets. Ms. Campbell indicated that Councilperson Billings had recommended that she go to St. Paul and get some film on their recycling. The key is to get the bins out there and also work on funding. Mr. Dahlberg asked Ms. Campbell to contact Mr. Nielson to see if the Lions would prefer the pilot program or general distribution of bins, and who in the Lions organization should get bins. Mr. Saba added that the program also needs to be stabilized in the City. a JOINT EQC/ENERGY COMMISSION MEETING, FEBRUARY 28, 1989 PAGE 8 Ms. Campbell stated she was handling the program on a Friday-by- 5, Friday basis. Last Friday was very good. In March, when the trucks come in, Ms. Campbell anticipates the problems will be reduced. The � contract is in effect through June 1989. Mr. Bondow asked if there were any alternatives for bids. Ms. Campbell asked if it was the commission's concensus to change vendors. Mr. Dahlberg indicated that he would like to see what else is available. Mr. Campbell stated that the price from Super Cycle would not go up. Mr. Bondow felt there should be a fall back position. The City should have some alternatives. Ms. Campbell indicated the other companies are BFI and Waste Management who both use a co-mingled system with a once per week pick up. She did not know who provided the bins. They are often also the providers of the garbage pick up. Mr. Dahlberg felt, at this stage, the commission should find out what options are available and whether or not they are viable. Ms. Campbell stated she would provide further information at the next meeting. Mr. Stark added that this may also be the time to consider if there is anything that should be changed in the contract. Mr. Wellan asked if there was any new direction from the Met Council or the State on mandatory recpcling. Ms. Campbell stated they.are leaving it up to the cities. Ramsey County had a successful promotion for recycling and are going to a metro-wide program on recycling. d. Plastics Ban Information Ms. Campbell indicated that St. Paul and Minneapolis has recently put forth an ordinance that would ban the use of plastic food packaging. Mr. Wellan thought the ordinance was not clear. Ms. Campbell thought thep were talking about containers that were recently glass and now are plastic, such as ketchup and peanut butter containers. Mr. Wellan indicated the most recycled product is the plastic bottles. If a product is recycleable, it should not be outlawed. A large volume is needed to make recycling profitable and there is now a market for plastics to be recycled. JOINT EQC/ENERGY COI�iISSION MEETING, FEBRUARY 28, 1989 PAGE 9 r Ms. Campbell wondered if these plastics were not recycleable. Mr. Wellan stated that these cannot be used in the food grade market. Each bottle will have a mark on it to indicate the type of plastic. He thought the ordinance should be set up as recycleable and non-recycleable plastic. 2. OLD BUSINESS a, Yard Waste Proposal Update Ms. Campbell informed the commission that, because of a problem with debagging at the Anoka County site, the proposed ordinance is postponed until the problem is solved. While the goals were not achieved, it did generate discussion. There was also a good public discussion; however, nothing was resolved. Ms. Campbell was at the Task Force meeting and the issue came up, but she did not know it was this much of an issue. it was recommended to ban plastic bags at the compost site and have the cities responsible. This could include curbside debagging. In Fridley this cannot be done because we do not have a program. The City would have to initiate a program in order to do so. Mr. Bondow asked what would happen if the Citp did not do this. Ms. Campbell felt sure other measures that would be taken. In 1989 it will go to the landfill. However, in 1990, the problem could fall on the hauler. Mr. Bondow asked how this can be considered a problem of the city. Ms. Campbell indicated they are saying the City has the authority to start a program. Mr. Bondow asked if they are assuming that most cities are paying for garbage pick up now. Ms. Campbe�l indicated that the current policy states that cities are responsible for recycling and curbside pick up of yard waste. Their implementation strategy has identified the city as being ; primarily responsible for collection of yard waste. Mr. Dahlberg asked what would happen if the cities elect not to do that. Ms. Campbell indicated that there is an �oka County 1';andatory Source Separatio�. ordinance for the recyclin� program. She did not know what was in place for yard waste. A pro�ram would be implemented throuQh a city ordinance. '� Mr. wellan stated t�►ere are �rays to dehag yar� waste. Ms. Campbell stated that the County used corrections workers last year. The County's Public Works staff is now looking at equipment. The ban may be temporary or may not occur. JOINT EQC/ENERGY COI�IISSION MEETING, FEBRUARY 28, 1989 PAGE 10 b. Radon Update Ms. Campbell referred to the January 1989 issue of the Energy and Housing Report and the article on page 6 regarding radon. The article states that Minnesota is considering licensing requirements for radon detectors and they do mention the Honeywell radon detector. Mr. Saba indicated that the detectors with one-day readings are ineffective. Readings for radon require measurement over time. Mr. Wellan asked what had been done in the City of Fridley and the results. Had any testing been done in public buildings? If there any reason why testing should not be done in public buildings? Mr. Dahlberg thought readings should be done to see if there is any potential danger for public employees. Mr. Saba requested checking further into whether the City could do reading in the City facilities to find out, including the fire department, water pump station, new city hall, etc. The alpha track system is recommended. Ms. Campbell stated she would pursue. ADJOURNMENT MOTION by Mr. Bondow, seconded by Mr. Sielaff, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SABA DECLARED THE FEBRUARY 28, 1989, JOINT EQC/ENERGY COMMISSION MEETING ADJOURNED AT 9:45 P.M. Respectfully submitted, . � Lavonn Cooper Recording Secretary � � CITY OF FRIDLEY 80IISING & REDEVELOPMENT AIITHORITY MEETING, MARCH 9� 1989 ----------------------------------------------------------------- CALL TO ORDER• Chairman Larry Commers called the March 9, 1989 meeting of the Housing and Redevelopment Authority to order at 7:08 p.m. ROLL CALL; Members Present: Larry Commers, Virginia Schnabel, John Meyer, Walter Rasmussen Members Absent: Duane Prairie Others Present: Jock Robertson, Executive Director of HRA Bill Burns, City Manager Rick Pribyl, Finance Director Mayor William Nee Councilwoman Nancy Jorgenson Councilman Dennis Schneider Councilman Edward Fitzpatrick Councilman Steve Billings James Casserly Cheryl Stinski Pat Fisher Barry Warner, Barton-Aschman APPROVAL OF FEBRUARY 9�1989 HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Ms. Schnabel, seconded by Mr. Rasmussen, to approve the February 9, 1989, Housing & Redevelopment Authority minutes as written. OPON A VOICE VOTE, AI,L VOTING AYE, CHAIRPERSON COMMER3 DECLARED THE MOTION CARRIED QNANIMOIISLY. 1. INFORMATION ON TANURB PROPOSAL FOR REDEVELOPMENT OF SOUTHWEST QUADRANT OF UNI�IERSITY AVENUE & MISSISSIPPI STREET: Mr. Commers stated a letter dated February 28, 1989 has been submitted to David Newman from Edwin Chanin which states that Tanurb has exercised its right to terminate the Purchase Agreements for the University Avenue Shopping Center parcel and the Rice Plaza parcel. Mr. Robertson stated he will attempt to obtain further information HOOSING & REDEVELOPMENT AIITHORITY MEETING, MARCH 9, 1989 PAGE 2 from Tanurb and contact Coldwell Banker to determine why this project willJnot be proceeding. 2. INFORMATION OF WINFIELD PROPOSAL FOR REDEVELOPMEATT OF 57TH PLACE• Mr. Commers stated Twin City Testing is not able to proceed with their contract with the HRA because of a conflict of interest. Mr. Robertson stated he has approached the Pollution Control Agency and they are evaluating the monitoring well data that Mr. Flaherty, the former owner, is obligated to provide. He stated Mr. Flaherty is submitting necessary documents to the Pollution Control Agency to satisfy requirements to receive reimbursement up to 75 percent of the maintenance evaluation and correction costs. Mr. Robertson stated the evaluation of this data is taking place on a monthly basis. Mr. Robertson stated it might take up to six months to obtain enough data to prescribe a cleanup procedure and another six months to accomplish the cleanup. He stated.he will report the results received from the Pollution Control Agency on a monthly basis to the HRA. Mr. Robertson stated Mr. Flaherty submits materials monthly to the Pollution Control Agency. Mr. Commers asked when this procedure began and Mr. Robertson stated it started in January. Mr. Robertson stated Mr. Flaherty felt the greatest concern was the contingency clause with Crosstown Bank in obtaining the billboard. He stated Winfield and Mr. Dorn are trying to make some kind of arrangement for Crosstown Bank's sign. He stated they would be willing to go to some length to tailor this sign to the City's satisfaction. Mr. Robertson stated since they have to wait for the soil correction, they will pursue the question of the sign simultaneously.' Mr. Meyer was asked if defining the problem was not being accelerated because Twin City Testing had withdrawn. Mr. Robertson stated he would check into this question and submit a recommendation to the HRA next month. Mr. Commers stated it is thought the HRA had to complete the testing; however, since the Pollution Control Agency is now involved, they are making the original property owner responsible for this cleanup. Mr. Rasmussen asked the developer's reaction to the delay. Mr. Robertson stated he accepted it and indicated he would pursue the sign variance while waiting for the test results. � � HOOSING � REDEVELOPMENT AIITHORITY MEETING, MARCS 9, 1989 PAGE 3 Mr. Meyer stated he cannot understand why the developer who was in such a rush before is now willing to relax the schedule for six months or more. He questioned why the contamination issue is not actively being pursued. . Mr. Robertson stated staff was advised they had hired another firm to independently evaluate the data given them by Ashland a year ago. Mr. Meyer felt the time for the test results and correction should be accelerated. Mr. Commers felt staff should probably check if the six month period for testing could be shortened. Mr. Robertson stated this is a good suggestion, but the question is also how long the Pollution Control Agency has the soil samples before they are analyzed. Ms. Schnabel stated she is under the impression that the bank is very eager for the development and construction of their facility. Mr. Rasmussen stated he would agree the developer seemed eager to proceed and it seems peculiar that they are willing to wait for this length of time. Ms. Schnabel asked if anyone such as Mr. Flaherty or the Pollution Control Agency is on site. Mr. Robertson stated Mr. Flaherty is on site because he was the prior owner and responsible for the cleanup. He stated there are test wells on site. Mr. Commers felt the HRA should obtain further information before action is taken on an extension of the agreement. 3. CONSIDERATION OF EASEMENTS FOR FRIDLEY PLAZA OFFICE BUILDING: Mr. Commers stated he is concerned about the expenses and legal fees incurred with this issue as it seems additional legal opinions are needed from the HRA. Mr. Robertson stated, hopefully, the closing for the sale of this office building will take place this Friday. He stated in the course of preparing for the closing, a title issue arose. He stated the HRA entered into a long term lease of the adjoining parking facilities with the owners of the Fridley Plaza Office Building and an amendment entered into due to the HRA's decision to construct a structured parking facility on this site. He stated it has been brought to the City's attention that the HRA only owns the eastern portion of this parking facility, and the balance is HOIISING & REDEVELOPMENT AIITHORITY MEETING, MARCH 9, 1989 PAGE 4 owned by the City. Mr. Robertson stated the City's legal counsel, David Newman, is suggesting the City deed over that portion of the parking ramp located on City property to the HRA so that the lease agreement for the parking will be exclusively with the HRA rather than having two leases, one with the HRA and one with the City. He stated the City Council acted favorably on this suggestion at their March 6, 1989, meeting. Mr. Robertson recommended the HRA accept this parcel of land. Ms. Schnabel asked if the HRA incurs any legal obligations by accepting this property. Mr. Robertson stated he did not believe so and neither did the Assistant City Attorney, David Newman. Mr. Commers questioned if the HRA has liability coverage under the City�s policy. Mr. Pribyl felt for that particular piece of property, the iiRA is covered for general liability under the City's policy. Mr. Commers stated no action is needed on the part of the HRA. He expressed thanks to the Council for deeding a portion of this lot to the HRA. 4. CONSIDERATION OF STINSKI PROPOSAL FOR REDEVELOPMENT ON HILLWIND ROAD• Mr. Robertson stated Mr. Casserly has submitted his analysis of this project in a memo dated March 8, 1989. He stated Mr. Casserly's report indicates it would take a drastic change in the HRA's financial assistance policy in order for this project to meet the request of the developer. Mr. Casserly stated he has had conversations with Mr. Fisher, Ms. Stinski's financial consultant. He stated he does not doubt their figures presented for this project. He stated they are proposing a very high quality project and need the assistance in order to meet the cash flow. He stated he is not disputing the numbers and Ms. Stinski and Mr. Fisher have provided all the information requested. Mr. Casserly stated, however, in providing assistance, the HRA has done so within som� basic guidelines. Mr. Casserly stated assistance is usually provided in the form of a grant of 5 percent of the estimated market value of the project which would amount to approximately $150,000 or a loan amounting to 15 percent of the estimated market value of the project which would amount to approximately $373,000 and paid back with deferred interest over a 15 year period. He stated whether assistance is in the form of a loan or grant, the petitioner must still qualify, � ROOSING & REDEVELOPMENT AIITHORITY MEETING, MARCH 9, 1989 PAGE 5 and these funds can only be used for tax increment expenditures such as utility improvements, demolition, soil correction, etc. Mr. Casserly stated the developer is requesting a grant of 15 percent or $373,000 and not a loan. He stated he would recoaunend a grant of 5 percent or a loan of 15 percent or a combination of a loan and grant, but within those confines. Mr. Fisher stated the only way the project will work is to obtain a 15 percent grant. Mr. Meyer asked if it is necessary to have underground parking. Ms. Stinski stated it is necessary in order to meet City Code requirements for the parking. Mr. Robertson stated the proposed building is too large for the lot and the only way to meet the parking requirement is to have underground parking. He stated the other alternative is to acquire additional land to have all outside parking. Ms. Schnabel asked if the costs of this underground parking are consistent with the parking ramp proposed for the renovated Civic Center. Mr. Robertson stated these costs are consistent. Mr. Rasmussen stated as long as this is a quality building, he would be in favor of assistance on a loan basis or combination of a grant and loan. Mr. Commers felt some direction should probably be given to the developer as to the HRA's position. - Mr. Robertson stated staff is not willing to spend much more time on this project unless it can be proven it will work. Ms. Schnabel stated she would have a difficult time justifying any deviation from their current guidelines. She stated she wants a quality development; however, there are other areas of redevelopment in the City which must also be considered. MOTION by Mr. Meyer, seconded by Ms. Schnabel, to re-affirm the HRA's'previous policy of assistance regarding the Hillwind office project. Mr. Fisher asked if financing for this project carn be done within the HRA's guidelines, if it is approved. Mr. Commers felt if the developer can meet the guidelines, the HRA is willing to make the commitment for financial assistance. He stated the building itself has not been an issue and the HRA would welcome this type of facility. HOIISING & REDEVELOPMLNT AIITHORITY MEETING, MARCH 9. 1989 PAGE 6 Mr. Meyer stated he knows this is a high quality building, however, if the plan for the facility changes, he would want assurances that a lower quality structure would not be constructed. IIPON A VOICE VOTE TAREN ON THE ABOVE MOTION, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. CONSIDERATION OF BIDS FOR 1989 LAKE POINTE MAINTENANCE: Mr. Robertson stated bids were received for the Lake Pointe Maintenance Project #187 and staff recommends the contract be awarded to the low bidder, Greenmasters, Inc., for $34,220. He stated Greenmasters is very experienced in this line of work and this bid is slightly lower than the previous contract and the bid from the company who received the contract last year. Mr. Robertson stated there is also twice as much sod to maintain this year as there was last year. MOTION by Ms. Schnabel, seconded by Mr. Meyer, to award the Lake Pointe Maintenance Project #187 to Greenmasters, Inc. for $34,220. �TPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON COMMERS DECLARED THE MOTION CARRIED IINANIMOIISLY. 6. CONSIDERATION OF UNIVERSITY AVENUE CORRIDOR IMPROVEMENTS SCHEDULE• Mr. Robertson stated he reviewed the background and history of this project with the Council last Monday evening. He stated one of the major concerns was the compatibility between the light rail transit proposal and the landscaping design prepared by Barton-Aschman, Inc. He stated although there is no basic incompatibility between landscaping and light rail transit, the timing is critical. Mr. Robertson stated the opinion of Barton-Aschman, who is completing some work for Hennepin County on light rail transit, is that light rail is farther into the future than what is being discussed in Anoka County. He stated Hennepin County has set priorities for other lines, before one in Anoka County, and such a line needs Hennepin County's participation. Mr. Robertson stated the Council's concern is the private properties on University Avenue adjacent to the public right-of- way and what may be done to accelerate redevelopment of the underdeveloped properties to coincide with the improvements in the public right-of-way. � Mayor Nee stated he has mixed feelings about light rail transit and whether or not it will become reality in.the near future. He stated if this occurs in five or ten years really does not make.a difference, if the investment can be amortized. He stated his own personal feeling is that things have changed since the University � 80IISING � REDEVELOPMENT AIITHORITY MEETING, MARC$ 9, 1989 PAGE 7 Avenue Corridor improvements were discussed. Mayor Nee stated that Kirk Hart, who represents the Chamber of Commerce, stated the business community requested that University Avenue be cleaned up and something done with the grass and fencing. He stated although the businesses would not object to the improvement, they would not take credit for the expenditure of one million dollars or more for this project. Mayor Nee stated he felt he could not rationalize this improvement which is, essentially cosmetic, unless it is part of a plan to improve the entire area. Mayor Nee stated in looking at priorities, he felt there is a need to address the underdeveloped and vacant properties on University between 57th and 61st Avenues. Mr. Rasmussen stated he would concur with Mayor Nee's comments. Councilwoman Jorgenson stated the Council attended a retreat this past weekend and one of the items covered was the redevelopment policy and what the Council envisions for Fridley in the future. She felt to proceed with the present plan for improving University Avenue would mean blighted areas would still remain. Councilwoman Jorgenson felt it may be better to concentrate on a particular area along University Avenue for redevelopment between 57th and 61st Avenues since this is an entrance to the City. She felt if funds were spent just to improve the aesthetics by installing brick and landscaping, she did not know how the citizens would react. Councilwoman Jorgenson stated she is not against landscaping and improving University Avenue, but she felt this should be done in conjunction with a plan to also improve the blighted areas. Mr. Meyer stated he understands what Councilwoman Jorgenson is saying, however, if the cosmetics along University Avenue are improved, this may be the key to drawing more attractive businesses to the area. Councilwoman Jorgenson stated she is not against the improvement and would like some of it done, but they should also consider the properties between 57th and 61st Avenues. She felt if there is redevelopment, quality businesses will be attracted to the area. Mr. Meyer asked where the Council felt funds might be spent and not scandalize the cozamunity. Councilwoman Jorgenson stated she felt perhaps half of the amount proposed to be spent on improving University Avenue should be allotted for redevelopment of the area between 57th and 61st Avenues. She stated this is her personal opinion and she has not had a lot of comments from the residents. Mr. Commers stated there was public participation when the proposed improvement of University Avenue was originally discussed. 800SING & REDEVELOPMENT AIITHORITY MEETING, MARCH 9,_ 1989 PAGE 8 Councilwoman Jorgenson stated from Kirk Hart's comments, she felt the proposed plan for improving University Avenue was not exactly what was wanted by the business community. She stated they wanted a cleanup, weeds removed, and something done with the fencing. Councilwoman Jorgenson stated consideration also has to be given to the possibility of light rail transit. She stated if this becomes reality and the line proceeds along University Avenue, some of the landscaping proposed in this i�nprovement plan may have to be redone. She stated she liked the idea for improving University Avenue, but did not feel the timing is right. Mr. Commers stated the timing may have changed, but it cannot be said that this project was not reviewed and assessed at the time it was first considered. He stated there was broad participation, including the Chamber.of Commerce, and, at the time, the project seemed appropriate. He felt the economics have changed significantly so it does deserve reconsideration. Councilwoman Jorgenson stated she did not mean to insinuate that there was not active participation, but felt the times have changed. Ms. Schnabel stated she also has some reservations about this improvement even though she chaired the committee for these improvements on University Avenue. She stated it was felt if aesthetic changes were made to improve University, this might attract businesses to the community. She stated if a new bank is constructed at 57th Avenue, the rest of University Avenue might start to improve. Ms. Schnabel felt they have to a-rrive at a goal and then adhere to it. Financing is a critical part. Councilwoman Jorgenson stated there are some very nice developments on University Avenue in the northern portion of the City and thought perhaps concentration should be in the urban section rather than the rural section. Mayor Nee stated the City has faced this problem on the south portion of University for the last 25 years. He stated it will not change without some intervention. Councilman Fitzpatrick stated he agreed with Mayor ATee's comment. He felt improvement in this area should be an HRA project. He stated he cannot help but feel that light rail transit is many years away and should not be one of the biggest considerations. Councilman Schneider stated in the retreat attended by the Council, one of the goals was to improve the image of Fridley. He stated he supports the idea of aesthetic improvement, but not to the extent proposed. He stated in looking at the new development on East Moore Lake Drive, he wonders if this development would have taken place if other improvements had not been made in the area. � He felt if there could be some inducement to improve the area around 57th Avenue, it might benefit the entire area. Councilman Schneider stated he was concerned about the maintenance issue because if improvements are done and not maintained, it becomes very counter-productive. Councilman Billings stated even though he was not a member of the Council when the University Avenue improvement was considered, he was aware of it as he was Chairman of the Planning Commission. He stated the persons who are now speaking hesitantly about the project were the same ones who were hesitant when the project was originally considered. Councilman Billings stated there were funds available and the advice was if they were not spent, the City would lose the funding. He felt this influenced decisions on whether to proceed with this improvement. He stated he felt there has been some realization that some of the things expected have not materialized. Councilman Billings stated some of the Council members feel that a greater concentration of funds to improve the intersection and site at 57th and University would have a greater impact than spreading the funds throughout the University Avenue Corridor. He stated in analyzing the situation, the question is if it is better to do some improvements throughout the entire Corridor or to have an improvement that would make a significant impact to show the City is serious about making the City attractive to new businesses. Councilman Billings stated he is not necessarily speaking for or against the project for the University Avenue Corridor. He felt the concerns of the Council are the same as they were when this improvement was discussed and they are now taking a second look. Mr. Commers asked if the HRA cannot do something to improve the south portion of University Avenue, does the Council feel they should not proceed with this project? Mayor Nee stated he felt something should not be done this year. He stated if the City makes a highly visible investment and light rail would proceed, improvements that were done may need to be removed. Mr. Commers stated the City will be faced with light rail transit from now to the next century and may never well see it materialize. He stated he is concerned about tying light rail transit in with other developments, but there might be financial reasons to reassess the plans at this point. - Mr. Commers stated if the HRA proceeds with redevelopment between 57th and 61st Avenues, a broad based plan is needed. Ms. Schnabel felt there should be a goal to which the Council concurs to allow them to begin their next focus. She felt the °""°a` " _ -^- - foresee Council should take the next step to determine what they for the City. Ms . Schnabel asked if this would enue cistscaledf back to gel minate for improvement of Univea a tf cus on the maintenance. the lighting and paving Mayor Nee stated he would have no p roblem with this suggestion. Ms. Schnabel stated in the Eas aevelo er kcamelto themlwithna plane was a distinct advantage as a P This is not the case at 57th A� a uo t� and there are no plans for problems if businesses are clea development. Mayor Nee stated there is so ee a ma'or i provement,housing in some o f t his a r e a, a n d i t w o u l d b 7 Councilman Bi l lin g s s t a t e d h e �i ht be done and t hen ha v e� t ot b e Council are that improvements g removed because of light rail transit. Mr. Commers stated the HRA W t1es.11 There probablyl should�beha Council regarding their priori joint meeting. last Mr. Robertson stated that as a result of the Cou ested suggestions Monday evening, the City Manager, Bllestion was raised how much the on ways to proceed. He stated the qu ear. He original Phase 1 proposal would cost if it was done this y stated that both Mr. Warner of Bar He st t dnthis amount lisesplit ently estimated about $700,000. between the rural and urban sections. Mr. Robertson presented a drawing which outlined the areas the Council felt were critical for redevelopmenfor the Stotal costuof estimate, using 57th Place as an example, demolition, and redevelopment including acquisition, relocation, utility relocation is about $700.�Assessor0 had .as the test mated amount is about double what the about $2.50 to market value. He stated current sales are running $4.00 a square foot.. Mr. Robertson stated that to explore the possibilities for redevelopment would take some a be eabout s x months tin order bto to accomplish this work woul prioritize and have a better definition of the costs. Ms. Schnabel stated there are a fford to have parki g for light area. She felt the City cannot a rail transit in this area. � Mr. Robertson stated the present schedule for the improvement of the University Avenue corridor is that the Department of Transportation is reviewing the detailed plans and it is scheduled for spring bidding. He stated staff has been advised by Mr. Warner that bidding should not proceed until plans are definite. He stated if it is necessary to rebid, the HRA can incur some liability. Mr. Meyer agreed the HRA should not proceed with bids unless they have a firm idea that they would proceed. He felt they should regroup after hearing the comments from the Council members. He stated if the business community does not see any advantages, he did not see why the HRA should proceed with what has been planneii to date. Mr. Rasmussen stated he has not been in favor of the plan from the beginning, but felt maintenance is almost a necessity. Ms. Schnabel stated some of the principals are gone that were originally involved so their lack of interest might be for many reasons. She felt perhaps the HRA could spend some funds for maintenance in the median and a program for regular mowing, weed control, and possibly re-seeding. Mr. Robertson asked about removal of the fence. Ms. Schnabel stated the fence in front of the businesses acts as a barrier. She stated the business owners feel it is keeping people from patronizing their establishments and this is a valid point. Mr. Commers felt staff should come back with costs for removing the fence and proper maintenance. ' Mr. Burns felt the maintenance is probably a high priority and should be intensified, however, there should be direction on how to proceed for the future. He stated he felt everyone's top priority is Lake Pointe. He suggested perhaps there should be some prioritizing and then determine what is feasible. Ms. Schnabel stated if the HRA were to categorize their interest at this point, Lake Pointe would be the top priority. Mr. Commers felt Lake Pointe has to be the number one priority. He stated until this issue is resolved, the HRA does not know their long-term financial position. He stated, however, he is not sure if he would place the 57th area over the Rice Creek Plaza area. Mayor Nee stated the priorities might be Lake Pointe, Rice Creek Plaza and then the area of 57th Avenue. Mr• Burns stated he would agree with Mayor Nee�s assessment of the priorities. Councilman Billings stated he did noao i provem�ent simplyabecause plan for the University Avenue Corri it cannot be accomplished at this time. Mr. Warner, Barton-Aschman, stated based on the comments he has he felt it would be prudent to go back to the original heard, re ared because it took into consideration master plan that was p P ending a improving the appearance of University Avenue �he University of lot of money. He suggested either calling Minnesota for a Turf Specialist or th naeevaluate the problematiHe for a Turf Grass Expert to review a reatly felt for a nominal investment, the appearance could be g improved until the Council is more comfortable with the urban improvements. It was' the consensus of the HRA and Council members that Mr. Warner's suggestion should be pursued. Mr. Commeilltlookeforward�to somealongdteg the HRA w 6A. the meeting and stated � goals. Q!'� ALLlllvi�ca++ �-�----� LIGHTING AND LANDSCAPE MODIFICATION : Mr. Robertson asked that t i�e�o reflect 0 this resolution. He the HRA's action taken stated it is a housekeeping at their February 11, 1988, meeting. MOTION by Ms. Schnabel, seconded by Mr. Meyer, to adopt Resolution No. HRA 2-1989. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIIKOUSLY. �� CLAIMS (1865-1875 : Mr. Pribyl, Finance Director, stated there are some expenditures regarding the parking ramp and security for the ramp. Mr. Commers asked if these expenditures are within budget. rqr, Pribyl stated they are. Mr. Robertson stated there are some questions about and these are in the process of being negotiated. He are some rough areas and in some places, the slope i to permit run-off. He stated the clearance also does the concrete stated there s not correct not meet the n � HOUBING � REDgpEI,ppMENT AIITHORITY MEETING MARCH 9 1989 PAGE 13 State requirement of seven feet and in some areas, it is about 1- 3/4 inches lower. Mr. Pribyl stated $80,000 to $90,000 has been withheld to insure that the proper follow-up will be undertaken. OTION by Mr. Rasmussen, seconded by Mr. Meyer, to approve Check Register Nos. 1865 through 1875. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT• Chairperson Commers adjourned the March 9, 1989 meeting of the Housing and Redevelopment Authority at 9:55 p.m. Respectfully submitted, i -�-�.- ��a-� Carole Haddad Recording Secretary �