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02/13/1978 PUB HEAR - 5608PETER FLEMING ADMINISTRATIVE AIDE PUBLIC HEARING MEETING FEBRUARY 13, 1978 � 12 THE PUBLIC HEARING MEfTING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 13, 1975 The Public Hearing Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. . PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the F7ag. ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick�, Councilman Hamernik,� Mayor Nee, Councilman Schneider and Council- man Barnette MEMBERS ABSENT: None ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as presented Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee. dectared the motion carried unanimously. PUBLIC HEARINGS: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Council- man Fitzpatrick. �Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7:31 p.m. Mr. Sobiech, Public Works Director, stated this is a request �. for approval. of a final plat which involves three tots in the general tocation of the intersection of .Kimball and 8road .. Streets. He stated��.the Planning Commission has recommended approval of the p7at. Mr. Sobiech pointed out the plat involves properties both in the City of Fridley and the City of Coon Rapids. Lots 77 and 24 of Auditor's Subdivision No. 103 are in Coon Rapids and Lots 1,�2 and 3 are in 81ock 0, Riverview Heights, in the Gity��of Fridley. He stated,. in order to complete� the plat, appropri.ate annexation procedures would be nacessary. He explained this could be done by adoption of the appropriate resolutions by the cities of Fridley and Cocn Rapids. Mr. Sobiech stated the ptat would consist of three single family.properties and the individual lots do meet the minimum requirements of the platting ordinance. � Mr. Sobiech stated, in talking with the City staff of Coon Rapids, they indicated no opposition to the annexation. He stated the City does have a reque�st by the petitioner regard- ing the annexat�ion and indicated that on final consideration, all of Lots 17 and 24 would be included in the annexation. Councilman Fitzpatrick felt it was a question af what comes first, the platting or annexation. ! � Mr. Sobiech stated, if the Council so desires, the plat could s. _ - i �� PUBLIC HEARING MEETING OF FEBRUARY 13,'1978 Public Hearing closed at 7:48 p.m. NEW BUSINESS: Page 3 CONSIDERATION OF A RfQUfST FOR VARIANCES TO ALLOW CONSTRUCTION OF 7-11 STORE AT 7899 EAST RIVER ROAO, R.C.E. CORPORATION: '�� . Mr. Sobiech, Public Works Director> stated the Board of Appeals did not send a recommendation to Council as it was a tie vote on the motion. He stated, with the rezoning, what previously was a request for seven variances is now reduced to two; that is, ivariance from the side yard setback and variance from the rear , yard setback. MOTION by Councilman Fitzpatrick the side yard setback from 15 to from 25 feet to 20 feet with the of the a9enda book. Seconded by to grant the variances to reduce 10 feet and the rear yard setback stipulations as noted on Page 2D Councitman Schneider. ' Mr. Ernst, the petitioner> stated he reviewed the stipulations as shown on Page 2D and stated Item 12 is no longer pertinent since the property has been rezoned. He�stated he is in agree- ment with the other stipulations, with the�exception of possibly ltem 4 pertaining to the entire building being brick construction. He requested they be a,llowed to use breakoff block on the back of the building since this would result in a saving of about $6,000 and would like to spend this money for landscaping and berming. Councilman Fitzpatrick stated he was not too sympathic with this request since this requirement has been in the stipulations about a year and a hatf and felt the p�eference to spend this money on landscaping ana berming could have been brought out at an earlier time. There being no motion to amend the main motion, Nee called for a vote on the motion. UP�ON A VOICE VOTE, a.11 voted aye, and Mayor nee declared the motion carried unanimously. LONSIDERATION OF APPROVAL OF PRELIMINARY PLANS FOR EXPANSION OF MUNICIPAL 6ARAGE: Mr. Sobiech, Public Works Director, stated, in the preliminary plans for expansion of the Municipal Garage, the two-story con- cept was etiminated because it would have been necessary to in- stall an elevator to meet handicap requirements. The.preliminary drawing does provide a layout to allow centralization of the Publ�ic Works Operations and satisfy requirements for the rest- rooms. In addition, the revised lunchroom and locker room situ- ation would allow for both the Parks and Public Works personnel to operate out of the same area. Mr. Sobiech stated the pre- liminary plans have been reviewed with the personnel involved and the next phase would be to proceed with construction plans, upon Council approval of the preliminary plans. Councilman Hamernik asked if the costs would change and if they stilt would be within the budgeted amount. Mr. Sobiech stated they are.still retaining the same square footage and felt the costs were within the amount budgeted. MOTION by Councilman Barnette to approve the preliminary plans for expansion of the Municipal Garage. Seconded by Councilman Hamernik. Upon a voice vote, all Voting aye, Mayar Nee declared the motion carried unanimously. � i � �� ' ` I �b � PUBLIC HEARING MEETING OF FEBRUARY 13, 1978 Page 5 Mr. Qureshi, City Mana9er, fett it was the Council's decision if they want to get into the political area. He stated there are two major parties, but also other parties that would request the same rights. Ne stated the administration chose not to get into this area, but it is up to Council to make the decision. Mrs. Modig stated their main purpose for using cable television I would be to anno.ance the t�me and place of their meetings. She � � stated their organization would be happy to submit guidelines � and limitations they are vrilling to set on their organization I regarding announcements. . �� I i � � Councilman Barnette felt cable television should be used as much as possible, however, he stated he could see the City Manager's point of view in getting involved in some areas. Mayor Nee felt perhaps this issue could be reviewed at a con- ference meeting of the Council and the City Manager could pre- pare informati�on regarding guidelines. � ADJOURIJMENT: � MOTION by Councilman Barnette to adjourn the meeting. �Seconded by Councilman Schneider. Upen a voice vote, all voting aye,� Mayor Nee declared the motion carried unanimousty and the Public Hearing Meeting of the Fridley City Council of February 13, 1978 adjourned�at 8:25 p..m. Respectfully submitted, i Carole Haddad William J. Nee '�. . Secretary to the City Council Mayor '� Approved: � j I tl � ENGINEERING Following are the "ACTIONS NEEDED". Please have yaur answers the City Manager's office by Wednesday Noon, Feb. 22, 1978. PUBLIC HEARING MEETING — FEBRUARY 13, 1978 - 7:30 P��, PLEDGE OF ALLEGIANCE: ROLL CALL: Al1 Present ADQPTION OF AGENDA: As presented PUBLIC HEARINGS: PUBLIC HEARING ON FINAL PLAT $UBDIVISION P�$� 77-08, THOMPSON�S RIVERVIEW HEIGHTS, BY DANIEL .J, KOCIEMBA; GENERALLY LOCATED IN THE 3300 BLOCK, WEST OF BROAD AVENUE ON THE P�ORTH SIDE OF KIMBALL STREET� ��., 1- 1 H Public Hearing closed ACTION NEEDED: Put on next regular agenda for consideration of approval PJE4� BUSINESS: CONSIDERATION OF A REQUEST FOR VARIANCES TO ALLOW CONSTRUCTION OF A J-11 STORE AT 7899 Easr RIVER ROAD, R�C�E� CORPORATION� � � � � � � � , , � � , � � � � 2 ' 2 U Approved variances for side and rear yard with stipulations ACTION NEEDED: Inform applicant of Council stipulations CONSIDERATION OF APPROVAL OF PRELIMINARY PLANS FOR EXPANSION OF MUNICIPAL GARAGE, , � � . � � � � , � Approved pre}iminary plans ENGINEERING ACTION NEEDED: Proceed as authorized ' ,,,,3-3A n __�' '� ENGINEERING G PdEW BUSINESS (CoNTtNUen) 13, 1978 Pase 2 CONSIDERATION OF STATUS REPORT ON MOORE LAKE EVALUATION AND RESTORAT I ON PROJECT � � � . � � � � � � � � � � � � � � 4 - 4 E Approved modification of completion schedule ACTION NEEDED: Staff to check on an inter,im report CLAIMS , , , , , , , , , , , , , , , , , , , , , , , , , , , 5 �� Approved � FINANCE ACTION NEEDED: Pay claims as approved CONNIE MODIG, DFL CLUB RE: CABLE TV ANNOUNCEMENTS Ms. Modig will submit recommendations and guidelines CITY MANAGER ACTION NEEDED: Prepare information on this subject for City Council ADJOURid: 8�25 P.M. � ; FFIDLEY CITY COUNCIL MEETING PLEASE SI6N NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: �— l 3-�� NAME ADDRESS ITEM NUMBER ______=_____' __ __________________________________________________________________ ___________' � �z/ �-v 5:��- �-�- Z 1 �-�,-e�t / 3 3 o ff.c�C��' � �u�u, n�- �7 � ,� � FRIDLEY CITY COU�VCIL PUBLIC HEARING MEETIN6 - FEBRUARY 13, 1978 - 7:30 P.��. PLEDGE OF ALLEGIAPJCE: � ADOPTION OF AGEfJDA: PUBLIC HEARINGS: PUBLIC HEARING ON FINAL PLAT $UBDIVISION P,$� 77-08, THOMPSON�S RIVERVIEW HEIGHTS, BY DANIEL �, KOCIEMBA; GENERALLY LOCATED IN THE 3300 BLOCK, WEST OF BROAD AVENUE ON THE P�ORTH SIDE OF KIMBALL STREET� ,,,,,,, NE4� BUSINESS: 1-1H1 CONSIDERATION OF A REQUEST FOR VRRIANCES TO ALLOW �ONSTRUCTION OF A �-1]. STORE AT %Hg9 EAST RIVER ROAD, R�C.E, CORPORATION. . , , ; , , , , , , , � � � � � 2 _ 2 � CONSIDERATtON OF APPROVAL OF PRELIMINARY PLANS FOR � EXPANSION OF MUNICIPAL GARA6E� , , , , , , , , , , , , , , 3 - 3 A PUBLIC HEARING BEFORE THE CITY COUNCIL T0 41HOM IT MAY CONCERN: Notice is here6y given that there will be a Public Hearing of the City Council in the City of Fridley in the City Hall at 6431 University Avenue Northeast on Plonday, February 13, 1978 in the Council Chamber at 7:30 P.M, for the purpose of: Consideration of a Final P1at, P.S. �77-08, Thompson's Riverview Neights, by Daniel J. Kociemba, being a replat of Lots 1, 2 and 3, B1ock 0, Rivervivew Heights, located in the City of Fridley; and Lot 24, Biock 4, Mississippi Oaks Addition; also Lot 17, except the West 66.5 feet thereof, Auditor's Subdivision No. 103, Revised, located in the City of Coon Rapids, all in the North Half of Section 3, T-30, R-24, County of Anoka, Mihnesota. Generally located in the 8300 Block, West of Broad Avenue, on the North side of Kimball Street N.E. Approval of.this plat may have the potential of future assessments on the adjoining property due to utility and roadway improvements required by this plat. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. RICHARD H. HARRIS CHAIRMAN PLANNING CON�MISSION Publish: January 25, 1978 February 1, 1978 1 , p... 7 %�r_!': . � . yyr^.., ��' :, `: 4 `.. `�� t� �.• 1'�� — THOMASON'S RIVERVIEW HEIGN7S � •� P.S. #77-08 y.;:'• - �.9' � N S �� 6. �B ^' ,r t s ..t , �. 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T—�� . ,� — ,. _'� �3 w� e J\ 1 ,` t , t � �' 11 ` � 'z��. � 1; , >. � ,�� PLAI�NIPIG COt�R4I^ �IOP1 P4P?'.TTNG - JANUARY 1 1, 1978 Pa�;e 1 1 Mr. Langenfeld asked if Superamerica would use the existin� underground �a�oline tanks. Mr. I'eilmeier said that they rrould have nelv underUround tanL-s installed, He said that the exi�ting ones rrere too old and too small. UPON A VOIC� VOTE, all voting aye, the motion carried unanimously, 'Phe Special Use Permit Request� SP ;`�77-17, was continued until January 25, 1978. 3. s 1�;or,fPSO,r�s rzv-;avr.�;�:r flNI;]L ;;rr' .%��P,: 13�IIiG A RL'PLfiT Or LOiS 1�2� and 3� r. , K'�RJl;sti HEIGHTS, LOCAT�D IPT THL CITY OF I�'RIDLEY: AND LOT 24� BLOCK !F, MISSISSIPPI OAKS ADDITIOP�, ALSO LOT 17, EXC�PT THE l'I�ST 66.5 FL�T THFR;OI'� AUDITOR'S SU°DIVISION 103 REVIS`;D� LOC.`l`1'isD IAT TH� CITY OF COORT RF�PIDSS G�N�R��LLY LOCAT�D IN THE 8300 BLOCIC ';lEST OF BROAD AVEIdUE� AND ON THE NORTH SIDE OF KII•1BALL STBiET N,E, MOTION by P•fs, Schnabel, seconded Uy t4r. Peterson, to open the Public Hearin�. Upon a voice vote, all. votin� aye, the motion carried unaniraously. The Public Hearing v+as opaned at 9:08 P,M. Mr. Boardman esplained the situation to the Plar_nin� Cot�missicn, He said that Lots 1,2,�3 t�rere in Fridley and Lot 24 v:as in Coon Ranids, He said that the petit�.cner ti�iani;ed to cor.:bine those lots into a Plat that ��rould include the portions from I�'ridley and from Coon Rapids, He said that annexation of that portion of Coon Rapic�s into L'ridley had been suggested to Coon Rapids, He indicated that presently Fridley r�a.s providing access to Lots 1, Z& 3; and ser�er and i��ater to the Coon Rapid residents i:n the area. He said what tiaas being looked for vras a resolution from the City of Coon Rapids for the annexation of this portion of land into Fridley. He said at the ne�t City Council meeting they v�ould be looking at a resolution to the City of Coon Rapids for the annexation of this property, Mr. Boardman indicated that the Staff had no problems rrith the reguest, fIe said that the stipulation that ��rould go along tvith the platting r;ould be the condition of annexation, Mr. Peterson aslied if r+hen I'ridley talked to the Coon Rapids Planning DepartMent, did they have any objections to the suggestion. Mr. IIoardman said that they had no problems �vith the annexation because of the services that Fridley ��1as providing to the areas. � � PLANNTTIG COMMIySIQN Mi;FTING - JANUARY 11, 1978 Papn 12 � Mr. �3oardman said that the proceedings for the annexation would talte place by resolution from the City Council of the City of Fridley to ask the City of Coon Rapids to send a resolution for annexation. . Ms. Schnabel asked what would happen ti�rith the �xisting house. hir, Dan Kociemba of 665 Ironton Street NE indicated that the existing house ��ou1d remain. Mr. Kociemba explained that his uncle ormed the property in question and had ormed it for many years. He said that his uncle �ras getting older and that unless somethin�; was resolved, the lots in auestion l�ould continue to be a problem. Fie said that his uncZe couldn't sell the property, he can't use the property, and all the property was used for vras people to dump things on, and �vhich his uncle had to pay to have cleaned up, He said that they vrould like to see the problem resolved so that something positive could be done erith the property. Mr. Kociemba explained that on the survey that the Commission had before them, a proposed easement had been shorm. He said that the person that had agreed to grant the easement had changed his mind at the last minute and didn�t srant the City the easement. He said that there s�ere no utilities on the property at the present time. He said that the trro existing houses l;ere served by their o�m private 1fells and septic systems. Mr, Boardman asked Mr. Kociemba if the person �vho orrned' the other portion of Lot 17 wanted to be part of the annexation, Mr. Kociemba said that the person had expressed to him a desire to be included in the annexation and part of the plat so he tiaould be in the City of Fridley. , �Ir, Peterson asked i£ all of Lot 17 could be inclucied in the replat. Mr. Baardman said that all of Lot 17 could be included in the replat. Mr. Kociemba said that it tivas a poor arr�ingement as it presently c�as, He said that 1•�hen they had problems in the area, they evould have to ca].l the I�noka County Sheriff because he rras a neutral party. FIe said that neither Coon Rapids or Fridley ever �vanted to get involved in any type of cross-over. Vice-Chairperson Bergman asked if City had looked the request over carefully and had they decided if all buildable lots would result from the replat tvith no variances required, rir. Boardnan said that all the lots ��rould be buildab2e lots. He said that no variances should be required. 1D �_ PT,AT11I7II� C014117" �Znr? 1?T'i'TIP1G - J!1P]U.1P,Y 11y� 197Q P��*e 13 Vice-Chairper,on Eergman asked 14r. Kociemba if he knev� e�hy the 1 E adjacent lot olmerc �:ould also crant to be annexed. t4r. Yociemba er.plained that presently they vrere serviced from I'ridley. Iie said that the people that lived on lots 14 and 15 lived in Coon Rapide and had a Fridley mailing a.ddress..FIe said that they hau ezperienced er.trer�e nroblems because of the addre�s, He saicl that Coon R�.pids basically severed its ties to the area r�hen they closed a niece of Broad Avenue that linked Lafeyette a.nd Broad to Mississippi 5treet. He said that there ti�rere no Utreets connecting Fridley to Coon Rapids in the area except for East River Road. Mr. Langenfeld stressed the hardship and inconvenience that ��aas in existence because of the present situation, MOTIOId by Mr. Peterson, seconded by P�4s. Shea, to close tke Public Hearin�, Upon a voice vote, all voting aye, the motion carried unaniraously. The Public Hearing tvas closed at g:30 P�M. PfOTIOPI by P4r, Peterson, seconded by A�r, Langenfeld� that the Planning Commission goes on record as being in favor of the consic�eration of a proposed preliminary plat, P,S, ;f77-�8, Thompson's P,ivervier; Aei�hts� by Daniel J. Kociemba: Being a replat of Lots 1, 2 and 3, Blocl� 0� Riverviera Heights, located in the City of Fridley; anu Lot 24, Block y, I�.ississipoi Oalcs Addition� also I,ot 17, except the r:est 66.5 feet thereof� Auditor�s Subdivision 103 revised, located in the City of Coon P,apids, generaLly loczted in the E300 Ulock rrest of Broad Avenue, and on the idorth side of Kinball Street T1E, and that Mr. BoardMan :•�rite up the reconnendation to City Council to stress the hardshin and that the Planning ComMicsion felt very strongly that they rrould lilse to nelp the petitioner resolve the problem rrith the stipulation that the plat riould only be approved �,rith the annexation. UPOTd k VOTCi, VOT�, all voting aye, the motion carried unaniMOUSly. MOTION by A�s, Shea, seconded by P•4s. Schnabel� that the o�vner of the ?'lest 60.5 feet of Lot 17 be contacted to see if the they rrould lilce to be ineluc3ed in this replat and annexation. Upon a voice vote, all voting aye, the motion carried unaniMOUSly. Vice-Cliairperson Bergraan declared a short break at 9:46 P.M, 1F January 1?, 1�'7R Cl;yde �'. lioravetz f��ineering Division City of Fridley Ta whom it Moy cono=rn: tih'e as prooerty or�nnrs of the following property discribed as the west bE�.S feet of lot 17, eutitor�s subdivision nu�nber 103, revised according to the record plat there c:, locAted in the City of Coon Rapids wished to be annex into the City o^ Fridley. ^ ��i!�y�C.�-- ennis L. Iamre • — _ � � : ` L * � �. �� G'� �� eronica J. Hamr / �/ � Attention Cit,y of Frldle,y Cit,y Council: Exemption of Park Fee Dear Sirs; n� .� i2/io/77 1 G In connection with the annexation of lots 22, 23, and 24 of blk. 4 of Mississinpi Qaks, lots 14, 15, 16 &�7 of Aud. Sub. �103 fiev, to Fridlev from Coon Aa�ids in o.rder to make lot 1 blk. 0 of 13iverview Hts, buildable sites. The City of' Fridle,y has requested a renlate of lots 1, 2, Fi 3 of blk. 0, f3iverview Hts., lot 24 of blk 4, MlssissiDni Oaks, and lot 17, except the west 66.5 feet thereof, Aud. Sub. ,#103 Aev. I request that the park fee be waived in this unustzal instance because the city requested a replat with the annexation, not that one was necessary, Hichard Eherrier of Cherrier Winter & Associates has spoken to i?onald Anderson, the Anoka County Surve,yor, that a simple lot split would have been recordable in Anoka Count,y. The Citv would �ain two 5uildable sites. It would gain nav^�ent of �2��92.51 for sewer xnd water laterals in front of lot 1, blk, 0 ftiverview Hts, which were uncollectable because of unbuildable sites. � � r . - ��` 1 N has resided at this. the owner whom and Tho^�pson, is a disabled veteran Theodore e�rs, Said pveT fortY y these residence fOr I am taking care of develoring Senior �itizen. my Uncle. waiving tne park prorerties for �onsideration in I would apDrP�late your fee. Thank you � � ��.... � GwL� Daniel Kociemba OFFICIAL NOTICE CITY OF fRIDLEY PUBLIC HEARING aPPEALS�RCOMMISSION TO WHOM IT MqY CONCERN: NOTICE IS HEREBY GIVEN THAT Fridley will meet in the Council Chamber Ppeals Comm�sSqon of the City of Avenue Northeast on Tuesday, March 15 of the Cit fo]lowing matter: , 1977 dt �:30yPHM�� a� 643] University to consider the No longer necessary dve to rezoning �� No longer necessary due to plan revision fo longer necessary ue to rezoning A request for variances of the Fridley City Code as follows: Section 2p5,7pg, q, q2� to redUCe the setback for the re4u�redu80ufeetrto 35pfeetcalongt79 h Avenue lot line), and - y� Yrom the (North Section 205.1p3, q, qp� to reduce the setback for the re9��redU80ufeetrto 54pfeetcalonht �f Wa (South Tot )qne� 9 East RiveriRoadhe , and Section 205.103, 4, A2, to reduce the setback for the main structure from a p�b�� rq9h� of way, from the required 80 feet along Lincoln Street {East ]ot line) and **Section 205,103, 4B, to reduce the side yar,d setback from the required 15 feet to 10 feet along the South lot line, and Section 205.7p4� 7� Ep� to allow off s#reet within 5 feet of the front Tot line instead the required 20 feet Parking to be � and of set back "'Se.ction 2p5,)p3, 4, C2, to reduce the rear`yard setback from the required 25 feet to 2p feet, and Section 205.1p3, 6g, to reduce the setback from the boundary line of another zoning district(R-3) from 50 feet to ]0 feet (South lot � »e�� All to allow the construction of a specu)ative building (commerciat) to be located on Lot 1 lst Addition, the same being 7g9g East River Road N.E., Fridley, Minnesota, ' B��ck 7, Pearson's �899 East River Road �Fequest by R,C.E. Corporation, > ridley, Minnesota 55432). Anyone who desires to be heard with reference to be heard at this meeting. the above matter wi17 'OR COUNCIL CONSIDCRqTION VIRGINIA SCHNABEL . _ ^unrn�,,...•-- � . 2 � �� . � � c � W�W 2lil � wua a�� o�� oina i ( 1 I / I �� Q O � I � W � � Zt �.I h- ( � � alw ! l I � � � � 1 � v 2 A Ig� �VD m oaV �a o � � Z�d o Z n 4�� Q lUQ Q ¢�W m N 0 1 G N Q' J J . F a � o a 0 � � w 7 � I� WMQpN Q�F�N N z 2 LLgW� � �gzw �W�J �z_n U17� � �?VLL Ffu� ..__� � ,Frid'le;/ /�>>pcal� Co:nmi::sion S�eeCing - tlarch�l5, i977 � Page � 2� 2. RT'a'�ISST E'O.T'. VP.'.:II,?;Ci; 0:' TFIi? !'IiIDLi:Y CI7'Y CO])� Ai I'OLLO�l."i: ."��CTI0:7 20�.103� �� 1+�� 'pp j,p:p'it�}; ;';•,g �E7'!?l:CY. rOiZ TitE 1'AIit S'PY �;`Oi4 A Pl1RLIC RIGIiT (.a OF t�1hi, TR0;1 'PiSE ;.LQIISP.:D f;p i�::ET TO � TF:ET /aT.0i1G 79TH A'JEIIGI's I�OR'iEl �OT LI�1E) � r iiL'' }?-; );)I: :;.� 0 i'r.'r:T T0 j1� I''EET A1AT�G F:fiST RIJER I�OAD��OUTii � b0'f T.IiiF.) � n:�D I'ii0i: Tki : t � r.r.: �',:. '0 'I_0 I�'E13T A.� , i. �T:.�.'T (El.°.T IAT LIi':i), AiID Sii:'PIO�i 20j.103� s, `1'� Iir� U.... Tii� .,IDr YA::ll 5i?,T �ACR p FRO;; 1'IiL ..E'�J7i??:ll ?.� FEIiT ;0 10 ''r.LT ALOi.G if+' � i, .:� iu o.C;'IOid 205.10�1� � �_� , 1;i : ;'P.°.tiE'P i?Y,S;iG TO T��.: :17"•"�Il' � 1 L'''.'' T',IF, [ jR0'�T 7,0't l7'.:E II ST.:�D OI � c.,:,.. 7'it:: ii�?:iUlili:D 20 i�'3';3T� IsitD SfiCTIUI'I 20j.lOj� 17� C2� TO �i.DUC,, T:IL �stii YAR➢ SETBACK FP.U'.t iI;.T'. RE:,?UI2FsD_� �P.ET � � <•?•^� " .5B i0 °c�DUCn Tiii: S?'sT3ACY, ;??C:t T:',E(� To 2o r•��: at;v .,.�..:zo:r 2o:.io3, , BUii;?i)A�—` I:'l I.IIi� G:? �i::0:�::::i `LG::I::1 DIS';?�.^.'" (i'-3 r?tOt; 0 ri5:, 1 1 :�L�T � lL L :�?I�:: T�?.F-� CQI�+� �UCTIO;I �t' � SPL'�ULtt1I�IF. 'UILDI?IG •-' _ "'" 1 .� y ' ' �� ' . � C` yC 7' ' (COtLfERCIiaL) TO B�3 LOCI�T:D C;� LOT 1 LOCn 1 PEr+:2S01d � �T IiUDITI0,1 Tii� S1u1E BEI:v'G 7&'9° : AST ?I��it ROAD ':�.s., rEIDL�i� T.';Ii:r1E.°iOTA. (Request by R.C.r.. Corporation� 7899 Bast River Road, P1.E.� Fridley, i;innes�ta 55�32)• A:OTIO?d by Barna� seconded by Kernper� to open the Public Hearing. Unon a voice vote= all votin� a�e� tk:e r�otion carried imasiimously. ,riD?iIPIIS^t�.?TPIF. ST�iFr F.T�?CRT A, PU3LIC PUhrOSE S�RV�D BY REwtiI?�iEPii: Section 205•iO3, �t, a2 �Pa�'uSraphs 1, 2 and 3) reo,uiring zn 80•foot setback fron the nain structure to an�' D1U�lc right of i•ray. Public purgose served is to pro•ride for adequ2te narkir.� and o�en landscaped �seas as �rell as to cor.gestion and provide adequate site clearances in commercial areas. Section 205.103, !-t, B, requring a side vard setback of 15 feet from a corr�mon property line. Public purpose served is to provide for adeguate open areas around structures and clear access for fire fighting and to reduce the confla�ration o£ fire. Section 205.1O1t� l� E� prohibiting purking in commercial areas within any portion of t'r.e required 20 foot front yard. Public pu.pose serti�ed is to limit visual encroachment into ne:gtPaoring sight lines and to allnw for sesthetically pleasing open areas adjacent to public ri�l:t of ways. Section 205•103, R� C� 2 requiring a re�x yard setback of 2� £eet. Public purpose served is to provide adequate access for fire Si�;k:ting and a�ain to limit threats from con£lagration or r��•e. 1 � Frid].cy l�,npcals Corr,niis:,ion A1�eting - h:arch 1>� 197`I „ •, Pa�,e � 2� Section 20�.103� �?%, rei�uiring a minimam sei, back o£ �0 rcei;.from a co:uacn boundary line o£ nei�;hbori:�g property which is zoned oi.her than com:n^roial. Pub7.i.c pttrpose ser�red is to pro��:ide a.deqiiate open "buSfer" areas betiaeen zonin�; di.str.icts for ae�ttic�ic anu development reasons, B. STATED HAF2USilIP: Due ta street setback requirements on three side�, the building area availa`le is or.7.y about !�' (1,e2 � sq��arc feet) o� the tota7. site area of ahoo+ li2,22b �qu�^e feet. Tii:i_� is an eztrer:ely loi�r cov°rage ti€;urc. In <.ctdit�on, i;`�e angled �eometry oI' the ; roperty makes for an unu�ual ccnfiguraticn i£ the site is to be utilized nroperly or to its even small buildi :� ::»:irnwm. 'the .r,etiticrer applie� £or a variance to build to the size and coii°i�;ui'a�ion shoc��n on the er.closed drawzng. C. ADii`IrdIST.°.ATIVB ST�r � :VIirl: The pronerty in cuestion was zoned as R-3 v�hen �:he original zon�ng ordinance t�ras adop�ed in ly^�6. In 1960 it �aas rezoned to C-2S (gencral shopping areas). Set�eral subsequent proposalsf including a �illing statioa, i•rere sLbmitted and ei.ther denied or :ei'.:hdra�:^.z. A �imilar recnest to this one, �::as :'.?�D!'Oi*Bd by t}?e �J3T'C� of A�pea].s on £?a�• 7.;, 19?r. It rras z.pp^oved by tt�e Cit,, Counci7. as i•rell. �ecause no fu:the: uc�.ion waS t?'ten and no bui.ldin� perrm?.t =s�u�d, the approved v�ri;sce; ".av:: lapsed. The vnusual circunstances of this coraer propert� being bo•w.ded on th*ee of four sides by public right of vra,y extre-ely 1?nits the avai7_aole building are3. The prolosed building of 7�OUf3 sc�uare ieei• (compared to 5,20o souare feet in the ?ieridi�xi Corporation request in �975) '�rill apparently house a 7-11 S�o.e :.it,l tl:e. re:�ainder as ofiice �pace. {'!".^•e 197� 1'ecuest in.luded a coia-operated lat:ndry). i:�e buildir.g ti•:ill cov�r approsinately 1�;� of tiie lot. Tdo plans are on file for the ori�in21 1975 I•eauest. A list of the stipulations Frhic:� Cour.cil imposed on the 197$ request by rFeridiaii Ccrporation have heen included as a refe:•ence. Plcase note that the request ior the petitioner to petition Council for a rezonin�; from C-2S (general shccpi.nU areas) to G1 {local s%�opping areas) would reduce the setback requii•ement:, frot� GO £eet to �; feet ofi' 79tn Avenue and &ast Rive.• Ft�ad. A Bond, covering the costs of all stipu].ated ynproverients, i•rill be requi>ed. ]'n additien, all necessary and F�ro;�er right oF ti:ays, easements and letters of encroachm�nt should be submitt�d .,nd recorded prior to the issnance of any building permits. � .�... .- . . �1. ,.. i .. . . ... . . . .. ... . . ..... Fridlcy Appea7.s Commi:,�ion 1-iecting - 1•Sarch 15, 1977 � • Page 7 2 D CITY CQIDiCIL RisCUl�ih73Tii:LD P.PPF[OVAL OF ^1!;3 DBUL:IAI'NPFT AS FROPOSLD BY �'.ERIUTAiJ CORPORP+lI0I7 P.T TiIL'' I'i1T::3.^�::C7'IOt; OP' 7iTII ldSY /:Plll 1:)iST FiSVFSt P.UAD �lI2�S THL F'OLLO'�lI1JG S'tIYUI.kTI0;d5: , L E�ctensive landscaping on the site; plan £i7.ed wiih Planning Department. 2. Bermin� to be of su�ficient hei�;ht to pretect the residents fro;n automobi.le lighting. (as indicated on the plzn .} 3, Aciditional Plan{;s (zs rnzrked on tihe plan�). 1�. Entire building would be trick. 5, F3uffer plantings incorporate3 with berrn. 6. Lightii�g focused down so a� not to shine into �he residential property ormer's windows. 7. All blacktop adjoining green area to be separated by poured concrete curbing. 8, IIo egress frcm the development onto East River Road; ingress only. � 10. Re£use area should 'nave soLd screen� no gate opening onto the servzce drive� the oo:�ion r.ot being used for refuse stnrzge an3 h:.n3iiag to be used for pl�s:tings. � Si.dewalk co:u-�ection constrncted to Lincoln Stireet. If an a�reen�ni; cannot be reached l�ettaeer. ::�r_dian and rizdaii, the �iderralk connection shculo be cons'tructed ar:yti,*a3'� o�c only on ;°ieridian�s propert-y. This rrill o`fer property grotection from nea^3y residents. 11. Parking moved dc:�m to 20 £eet to nick up additional room to enable cars to face in instead o: apair_st each othe:. I2 ApplicGnt rrill petition the Cit�T for :ezoning from G2S to Gl and there will be no cer_test on zoning chan�;e in future. 13. Easements to be dedicated to City oS I':idley as noted on attached map. l�y, ppplicrnt r:ill construct a decelerati.on lane from bhe driveir�y abu�ting East Itiver i,oad to tiie south. T:�e deceleration lc.n� is t.o Ue a 12 foot wide bit�LT�ir�ous section witn a 2 foot gravc]: shoulder and is to e�:tend southwsrd froa the drive�.�ay eiitrra'ice 100 feet south:;ard fron the soutt: radius and tl�en taper at 1�:1 to tie back into the esisiing roadcray. The typical sectiu�i sl�all consist of E3" Class V base� 1=." asphal.t binder course (?IHD 23!�1) �nd 1��" asphalt m�earir,g course (Af:3D �3111). All con- struction sh,�il be i.n accord�:ce :aith the 4iir.nesotz Dep: rtment oS i'if;iiriays Standard Specificatians for iii�;hway Construci.ion dated ,Tanunry ]., 1y72� and as �nended by Supplc.�ental Specification Sor Flighi.yy Construction dated January 1, 197Lt. ].,ri. A bond coverint; t.hc co: C of all st.ipulateci improveiaents hould t?c reqnired. Fridlcy AppeaJ.s Cornmiscion Meeti.n� -}Yarch ]5� 7•977 � Yuge 8. Mr. Richa.rd C. I�.rn�t� rcpresentin� the R.C.r. Corporation; and I�fr. Rohert A. 14inish� 331 Fearson ��Jay, �+.L., an in�;ere:>t.e.d person, were present. Mr, ilold�n shoYred 1;he Coramission the plan that had been :,ubmitted trro years a�o and told them how it varicd. i3r. I4inish stated he hadn�t received a notice toro years ago� and wondered if the standards had chan�ed. tirs. Schnabcl checl<ed thc £ile and determined his na�ae hadn't been on the mailing list beSore� and there r:ere a feti� rnore names on the present mai7.i.ng 1ist. , � Chairperson Schnabel as'.�ced t;r. Ernst ii' eii,hen c� or his i'at.her (4aho is President of the R.C.F.. Corporation) ::ere associated i�rith the I•;eridian Corporation. t:r. Ernst replied they were not� although thei: proposal � was based on the ',�;e:idian plan. He explained that their priryar,r tenant would be 7-11� and they hari tai;en the recorm:endations that had been stipulated in the tirst plaz and incorporated those into this �12n �:.*aich they ro.ere presentin� tonight. He said they nad inc.^ease the size o£ the buildi:ig ior econonic reasons and placed the setbacic at 35'. Other than that� he saids there crere no other changes in basic layout of the build;n€; on this prot-�rty. He added that this property uras cnastised quite a bit by the �eneral oidir�ces� and that isas the reason for the variazces. Chairperson Sc:�nabel suggested the Co;rnission label the requests for variances on the Official I�otice oF t?ie Puolic ?iearing as "k" through "G"� so they :,*ould be ea_sier to refer to. She noted that the request b�f'ore them was £or 7�OC8 sc,uare feet and tne prAVic:zs pla:;s called for tne buil3ing to be 5�200 sqa.are feet; so �he only ch•ange Srorn the �rzvious requ�si ;rou].d be on request A� t:hicl: called £er a reduction Sro:n �0' :0 3��. Iirs. Se;nabel also pointed out to the Commission tl�e a^ea in bl.ue on the pl�r.s� r;hich represented tne total � ea tnat would be buildable if all the setbacks were met (aoout !t�). Chairgersor. 5chn�bel stabed that one o£ the major concerr.s ti:=o yea'rs ago was the fact that people �:ould be coming off oF Eas+ :tiv�r Rcad onto this prope� tv and c:i�at Ue tempted to go oack on East River i oad fro:; this - progerty, �nri it had beeri �u�gested thai. a sign be put u� sayin� "iv'o F:ignt R1�rn", 13r. �rnst st�ted tiiat his en�ineer had desi�nated tt�at si�n. Ch•air- gex•son Sc!mabel said that the nenbers of the Appeals Co:a�ission and Cit;✓ Council thcu�lit it �;ould ��e dangerous othervrise, and they u:inted Lincnln Street to be the only source of e�ress an3 in�r�ss. I�fr. r`inish stat�d that he had been in a traffic accident at that corner an3 was ��ry concern�d about the safety factor. He said he didn't have any problem with the buildin� or any of the setbacks, but was cencerned about the traffic it ;aould �enerate. Cha.irpers�n Schnabel said the State anci Cctmty would hnve to caork {;o�ether to �;et si�,.ialicat ion pnt _n st that corner, w.^.d ac!:cd ti:hat t!ie st,atus xas on t2ie p:oposcd :;i�;i1311'L1t1i117. i•?r. i3arna re�liec9 tliat ii, was in tize plv�ning sta�;es at this ti;ne� possibly for next year. ffe sai.d that the study had Ueen started, nnd �lans iaerc tor a comuleCe improvement o° the intersection. Hc snid t}zat rif;ht ncr� that intersectiion r�as a 3eat.li L:'HD� :ll11� I1C has surprieed tiici•e 14M'C11�C iaore aecidents i.}ica�e. }tr. P].ini;;}i ::t.;ai,ed t�u jiist oi;ir�i.c;� Lfic Fridley Appenls Commi.soion Meeting - 19arch 1>� 1977 P�{L'e 9 4 Commission to realize what his eoncerns were for that corner� ru�d then lett the mentin�. Chairperson Schnabel asr.�a �r rir. Ernst had any communication with i�:r. Fudali or anyone :ram the 1�Seadou Run Apartments on this, and t4r. �7'nst replied he hadn't i•irs. Gahel asked hovr this situation went from ?ieridian to the R.C.�.•Corporation, t�ir. Ernst exclairicd that iahen t!eridian i•:as goi.ng to construct the bi�ilding� times rrere quite diSficult in the raort�ar;e cie.partment for money to build, so it was dropped. IIe said that 7-11 oras interested in this parLicular site, and the� trere the cornnany t}�at was takin� over the plans. He s2id they had an option on the property noor. Mrs. Gabel esked wt1Y the pr�viously-approved plan was no longer suitable for 7-11� and I�ss, Schnabel said the ne.� contractor/develoner had a r.e�a . concept on orhat should be in there. :�irs. Gabel asked why a l�rger huildin.o had been pronosed, and ;;r. Er.^.st said it i•ras for economic reasons pr�marily. He explainsd that 7-11 had inc:eased the size of their stores over the past six months and i�rere planning on a larger store. Also� he said� t:�ere �rould be more room to rent. A�r. Holden said that the previous plans had called £or a coin-operated laundry. Chairnerscn Schn2bel noted that on� of the thir.gs tnat nade them hold back was i•rhen r.r. "r�dali told them there i•:ere Many coin-operateci � laundries within the ayari;:ent. compleses ther�selves. *'Lr. Ernst szid t!�at thr;re might be a dry cleaning establishrnent included in the ne,r plans. rir. Kemper asked what t?ie outcome rras o£ the ori�inal re,uest m�de ny the t4eridian group. Chairperson 5chnabel explained thzt the recuests .:ere apFroved ;.ith a nu�mber of stiaulations, but apparently i:eridia.,n could not get financing so they dropped the idea. 1•:r. Kemper 2sked ii' aL of the stipulatior.s put an by the Council at that tir.ie still applied, and ;"rs. Gabel replied they didn�t because the ti:ae had run out. Ps. Y,e^pe: noted that the only actual change rras in Lhe dimension of the building. Chairpersor Schn2bel said she had a question regarding the number o1' parking stalls, and asked hovr rna*�y .:ould be required fc: this plan. P:r. Holden replied that Sta.ff had gone through this� and fotmd that R.C.E. had an excess of what they considered to be an adequate nurrber of parking st211s. He said there were enough stalls provided that could acco;nmodate an even larger 7-11 operation and still meet the requirement. A�ter so:�e discussion on how the rnL;�ber o£ parking stalls caas deter:ained� AIr. Ernst stated that the actual. store c.as divided up into three basic areas (oS°ice, retail artd sales). ChairF�erson SchraUel asked if the nw��bcr of parkin�; s1:a1� cliariged xith each use of the Uuilding, or if it cras consistent throu�hout tl�e roning area. 1•ir. Errist said the zoning determined the p<^skin� requirements, and ASr, fIolden added that w:der the zoning there were requirernents for different uses. Plr. Sarna rcad the zoning code re�arding i;his, and noted that they would still require three parkin� stalls for the stora�c area. He said that the warchouse <�rea obvioi.sly didn't need p:u•i:ing spaces� so they could take th3t into considcration. � Chairpersun Schnabel asl:ed Afr. Ernst if he was propo�in� 1�0 parl:ing stalls� tuid he r�plied t;�at xas correct.. 13e explained that in his mcetin�;s with 2F � Fridley Appeals Qommisslon 1�teeting - Alarch 1�, 1477 Pa�e 10 ' --_ _ ! 2G Mr. Eoardman and based on f.he city ordinancess they had determi.ned that 3ii parl;ing stall:, rrere needed, and they were provi.din� 1'orty. N1r. Ernst said that a 7-17. only uscd from five to six parking spaces because .of the laree turnover of people. � Chairperson Schnabel stated that a consideration on variance E(to allow off-street parki.ng to be within 5 feet of the frnnt lot line instead of set back the required 20 £eet) :rould be tv elirninate two parking stalls because they vrere not ncec:ed. She nointed out srhere that orould 2dd ?_0�� si.nce each of the stalls rras aporoxinately 10' in width, and pointed out that green area would be gained on the corner. Chairperson Schnabel said znother thing she was concsrned about oras that 7-11 apT?eared to have chan�ed its policies over the past number of years and :,oc•1 appeared to be open 21a hours a day. She said s?�e couldn't sp, 2k for the adjacent neighborsy out s�e kas concerned abost ligntine in te:ris of this place being open 24 nours a day. P�ir. Ernst said that li.ohting would be directed a�aay frorn the neighbors across the street and tiroull be V*ell-planned �:rith berming, etc. He said he ciidn�t kno.�: i,hat their poJ.icies would be concerning being open 21� hours a day, but that trould probably �e deter;nined aiter a certain period of Lime. ;fr. F;olden asked if it ;aou13 be possible to b�rr:� the ?:orth edge of the property so the head7.ight� frould get above 20', and hir, E*nst said that was pvssible. Chairperson Schnabel said anothe: thin� she i•rould like to cneck on cvas the back o£ the nropert,,� line, zn� as!c�d if they intenden to put in �i�� kind o� fencing, i'�ir. Err.sc said tnat nad been suggested by :ir. Boardman, and sho+red on t;ie plan ho:,* it v;ould extend across the back, iie adderi that {;he tenants of the anartr��nt bailding, c�.ould a�preciate tnat� and said there v:ouldn't be any storage or machzner;� �n the bac', of the buildins. Chairperson Schnabel aslced ii the other shops besides 7-11 :tiould have bac:c- door entr�ces, and ,s. Ernst r�pl.'ted they iaould. She s;,id it i•ras £or ttiat reason that fencing would be appreciated. Chairperson Schnabel said that in 1975 one of the stipulations had bern that the anplican� petition for rezoning Srom G2S to G1 �-rith the unuer- standin� tlie.re wou].d be no nroble;�s in acnieving that rezor.in�, She said she t!�ought the incent taas to 1'ocus a little closer on the type of tenants that wou13 go into ihat bwilding� as G1 requirernents ;aere a little more stringent. S7e �aid it i.as not the Appeals Con�-�ission's prerogative to initiate any �o.zing ch v�be� but it mi�nt come up at the City Coi:ncil level and she thou�hL 1•;r. L'rnst should be awara o£ that. Chairperson Schnabel aske3 iahat the exterior of tiie '�uildin� would be� and Tir. Ernst raplied ii would Ue bricic all the w�y 2round with a shingled mansard a�l the c�ray around the buildin� and a dcc!c roof. Chairparson Schnabel asked if they intended �o channel tlie entrance efS oL' East Rir•er ioaci ^,o iC kould ba an entsc:nce only vid not ;ui exit� �md P1r. �r!ist i�eplied t'icy did. He said tii;it lro�;).d be done with curbing m�d thcy would tallc i;o i:he hi�hway clep;u�tment about that� and he a].so thought a si�m would be desirable. . c,ctin� - P�arch lj� 1�377 �ridley Appr,n7.:, Commission M " � PaG� 11 2 {� tt1T�n left South-1��'�� traffic to t �� t rrould be P°s�ibl.e for not if theY P'lt �o�e Y. - �d if i li�d n�� nTdo Left Turn" �i�n there. Mr. Hold��n ask - � ana t�lrs. Sc}�n�bel Tep ected a they could into that� entran�-� �here. Nlr• }ie�p�r Sut�F sor.:ethin� could r bf curbing ln didn't think tnai; v�as M,as �ometpling they typ: said it $e�noer asked , Mr, Holden co�r�ented that he cast River P�oad. `9r•time as the control ri�ht noor, �d Chairncr��on Sclv�abel ,uch {,g�y eliminated access offtl�at en�rance un�il t�ice control if el.iminati� and then if it �aould be possible �O d East P.iver Road occurred� corner 1mProvement on 79th � ,nd turr- anothex look at that enLrance. {, a rig• there wasn' ht-h�- t the �aay i.t stood no:a� }ie said whatrairi r. that �he�selves• elvnlnated• 49r. Ernst said th.. o a�ains t t .e g i lane� �+� they ti�rould be constructin� Jh`C possibi7.ity � ir:e to have �ivided� an3 I'ir' were concerned about �ointSthevdFO ld xho+r �in was not and from thei.r St�'�dP r,�r.,, at tha� P tye intersection t� ointed out iFrs. Gabe1 noted that the hi� ''� �, left-han� tu=ns entering the garna s�id that i�ras correeo�le'rerermak1n� reater to g�t 1ni�� the South of 'the: ��rhere p P e � .,+- the d hc thoupht the incentiv� �rould' � ointed out th�� to tl:e store, r1r• g`sn` p�d comp13.i.r.�� had been a artments, an io;e3 �til P fl So illegally� the apartments �ran tothat ��ere doino niver ��aa "�5 �- ,, op 79th people �.+ho ',7e=e doing that s:ould generate more trafii., made. Yx'• II nst said that if access on Eas ,�as ma3e� the proposed impro�rement •' and that could cause preblcros also• n c�� {;hat had + {,ro intersectio.. flip-ilop the :iighway Department �ras d not the t�fr, Barna said ,.hat hib �so�e�nefrfxom 4V },,r.e East side, y� �aould be �:idened on �d the oc�s��lity been described to him Y 'tho n�:� from the one at 1•Tississipoi, the easen�nt for tr,ent West. There folle=��ed a discussion on the easements, � 4' �e�� condemning a lar�er portion than �d Hig.:; � of the City nt the �o��y {,hou�nt �''=s intersection• ',•`s. Holden said he thoug. i�ns. �;r. ; settle this. i�ir• �'nst ccr:�*�enofd� at he could poss.-bly Dossibly the most li!:.iting 1 access P-Fs to :rhat propo�e� Pl�' t�:as �o,�ci.l had been rather ��herdeveloper �.o�:ld tiolden stated that the Cityorate� and it ="'°�ted tothe curbino az.d zdditional � �aould incorp e t.tere that turn 1� u So�� of the tab for putting 1nans at this stag xe�ly b� pickin� P blacktop. Dir. F�'nst stated thatria et�en tative p- based on the easei��enLS the City to �7hat she had been able to erson Scim abzl said t:�bt according , correspon�ience concerninG the Cha�-rP � i{, appeared there hadn't beer. resear'�h, the lasti time there had b197�inJ sone of the CitY signalization on 79th Y�as June 16, �ythin� since then. �irs. Sc`.�nabel said that evidently, incorpoi�ted the recoirunendntcoritrol Sub- ildin� Standards-Desig to the Council recomi�endations of 19i to ap�r�ve that t�e. Stherela�sha �Otion ln� pppeals Co»l�s�on as well as the Ba� coramlttee that w3s ��e�C1tytCoun�11 �neetin(;� e�;ls and the i�uild'zng m3_nutes she had of the Board of App -�lll,Ltlop {„�at the varian°�� F�lth stipulations �Y zna the 1ddiLiona7- Sti��icated �n n Coi�trol SuUca*�''�lttce� t��at an e1:;c:nimt U� ��itiott 5tandard:..Pesi� �� ha� the applicm1t trill p•� thcrc be no ac�= onto1B:IO ti�Y;r Road� Ue no contest on East Ri�'er Ro�d iofromLC-2S to G1 and tihat thcre willried unanimouslYr for zoning chanGe �1Qt motion had car ttiis aorzing chmlE;e � thc iliture. i ! Fridley qPPeal: �o _ �nis�ion lteetin� � 1.{�,�h 2�� ]977 . . � Pe�e 12 ' �d was cont i 19r. a.ned in the minutes �f . lfo7.den r�oted there was the 2 j of stipulations that }�ad a co lnCOti�it�l mecting o1' ,J�� 16 'thab nflici; perhaP� a ch• come out later the minutes sai.d '�`�75. `�nge had been rn d «�5/75) and �d the 1. � a e bY the Co ' Afrs. Gabel ;,u z"t Tfrs. Schnabel stat �01�' at a later ��sted o1•mer e� that on �tl� date. of Che propertJ, st.��;ed y 1�, 1975 IIr, standing that addj.ti.on� r ln a letter „ I'larren Ca1d,�e11 Possib].y obt�_ `^1 4eraands s�ill tO ,s. Gluersni; u , f�ho was the with ` n in ,res be n�ade � It is our installaLior, o£ S�d e�ress from last b'� '"he Council un�'er_ Road. Yle are accelleration �d Rzjer in order to from in a�reement + deceller R��`' T}li� has to c�o East River P,oad, and �.�p�, re-r,onin� on1Y ir y��lon lanes along East P,iver in exit to East, River lou].d be � c<'v� ootain d' � be V�orked out. �a„4u� tt isa `�reeabl�� Y,r;,h� irec� c°nn7•J our On the « °ur underst � � turn trypfa basedlte, l.�e a�e P ion �hst 2reri_di this on the Petit.ioning for � CornorhaL COaaa S;oss bly alon, Previously sub�ittedreyn�ln� on behalf a�io� t`'i�l V2�ue East River $oad i.s Plot of fieri�i� Purc}:a�� l�ith no access L-'�:nted by �;hepl�s� and on1Y if in ,r 1 Corpor�tion, tl�at i£ tah2t she along East River Co'm 7, T%,y G y�+e L� ess and ��; ess ci_ they coul@ had read �ras correct �oud ' L'hairperson u�.d ha.>e �.ittle have access to Ea^,t River I2oadeY had �greed S` �neey not.ed Cha� �o r°. onlY if rnerson Soh7abel the T;�ridian �or�O2,• Said there v�as �+• thai Shee � s��e boen + e� "r.er letSead: u yhe of � �tiion � Road , Partie h�ve o-�'' Cald:; 1 c,hich lrom Presider,t s; f e k•.i �' (�h�t 2' 7-1i er.d others "�.2t�ng wiih r�� ative �.. this i.�i21 ncut d__ect. ) have to t?� �°Vfir� indicate, dic+�t�5 �3CC�S5 ;:G7t �ast p� „�"Fres�Ery �i121^ di�; e��'asy � CT' co�age shopne_• �voidance of such V�r F,oac. �:�eir e. �.n;,erest in �he aceess to al� fron±r indirect 1 S�te as it h�s �penler.ce, ti1e4� ,� Je� une y ac �er . a te. aPPl'`ed on �n i.ndivic�ual ;,:.�,7op :ea tio.� �nti,-e nign,,,aY4hadY to di:_ 9ased o�z tne abova �y -°°�s� they believe :aoulci be dif_° r ��ni.tede�e such as 7_�l Focd Stores12nd oi ex�•^enely succesJ:%c�`olos'=c211 t�de rir ent� feetout1access1from EasihP••�ronerty, �?1e��b la notsbe ;n;�re�+edr;tailers �l. n*zt. � �iver �oad ieve t?;e site n e-`�erc�;in� , especially taith a Ionls not m�rketeble b h;rs. Sci7na1;e1 said � front4ge of 31�� was ateds� ust ��lo�tan4ir.gressa p�yonp5he Ci�y Council to the a 1975' and the other notcd tae Iist oi sticassess ?hairperson Sc��sbel st^ �ocwnents irere dated June pulations RoadrL��nt to undarst�ld°ted this had taken 3nd July. �� the letter� t lf �'�n acce, 9uite a bit of t' majoi• tenants o had indicated �^S was to be a22o;oedlme, but it t}iat £ tiie b•' t.�at t,+ould bc °n East i'�as that continue �i1��'�� then s11e �1° discoura to be a,.� thought there4uir•e�,:er�t oi' the ��r River �c frornsJ and discourag eas °nIy and hope the des�ld be very ��r�pui $oad atte,. Person T�.r. )Iolden "�ptinF; t� �.� tr�vclfor �� o£ lt j''ould r uitti tliat il�t�,.�;��ted that no y ha.entrance t,7e,• C South on East �tion so close t laouldi2��, ue Pu_poses of safety, Chairperson achnab it could reall;; baicktuctl of a nroblem� but to t}�e fac1; 01 "a2d 'she thou • P c•-r�, t��at ��e last corre �'ht theY could SPondence with �rnu� the Councizrs the couqty on the attention situation Frid7.ey Appcals Commi�sion 14eeting - tdarch 15� 197? , Page 13 2J ¢t th�t corner of 79th ond Ea.t River Road appeared to bc June 16, 1975, and they could reaff'irr,� their interest in seeing that intercection tal;m care of as quickly as possiblc. NIr. '}3arna asked 1•,r. �rnst if he would consider rezonin� to Gl, and Nfs�. Errtst renlied k;e didn � t think ne trould consider it. Iic said they iaanted to keep i:he ouildi.ng as a%-11 store and preferrably oTfice space� but he didn�t knox ;.hat t•rou7.d 'nappen i;hirty or Torty years frpn no:•r. ile said he didn�t xant to restrict tne property any more than it caas ri.ght norr� and he thou„ht the chances of the buildi_ng bein� use3 for undesirab7e operations were not great. ;1rs. Gabel ezplained they irere thinl:ing more in terms th�t they di�3n�t :aant i.t to go to 2 heavie: t;,�ne of use t�at :�;ouldn't oe per:nitted in a C-1 zcne. iir. Kem�er to13 14r. ETn�t he thought he should bear in r,ir.d that tlie City Council rsight in.;ist it �o to C-1. I.r. Ernst then said he YlOUlLl }J� Y7111711� to cooperate on that, and didn't see any problem. tir. Kemper stated that he ��ras inclined not to anprrn�e the entrar,ce ofi of East River Road because of the very dangerous intersection. Fie s�id he had no objections to the builriin� going in, but he i:�as very cencernecl about openir.� up an enirance of£ o£ East River ?oad until �uch tirne tnat entrance from §out:i-bowid traffic into that parking lot could be somehoi�r restricied. t�ir, Ernst suggest�d a protruding island thai: i;ould restrict traiSic� and 14rs. Sctlinabel said that would 'na�re to b� i-rorked out tiith the county. I•ir. Kemper said that he tho�zght an entrance o£f of �ast River Road intu th�s parkin� lot laas a sensibie thing ii sout'r,-oound tr�ffic could be controiled. He added that one o£ the reasons this Bozxd :•ras here r�as to anal�ze z,rh;� the ordinancee :;=ere there, �nd safety i�as of narariounz importance. He stateri that i,ithout that coni;rol, he thought they c�rould be creatin� 2 t_'2'_'1ic t-:a�2r<l. }�4r. Ke;�per said 'r.e t•rould be di�posed t.o not approve the vzriznce .:ith +,hat in mind� but vrould put a conciition on t'r.a:--that the entrance coald be preparcd 2nd could bc onened uu at 2 later date. fle s2id his s�i�ulation would be thut no ingress or egress Srom �:st 3iver Road be a'..lo:ied unti� .,uch time as south-bound traSi'ic ;•ras restricted from snterin;; but the City Council might come to a di£ferent conclusion. Chairperson Schnabel said tnat at this point there :,�ere probabiy r.o objections to any oi the other requests wi.th the possible e�;ceYtion of "E" (to alloi•r ofS street parking to be within 5 Seet of the front lot line instead o� set back the require3 20 £eet). ix. Ernst said t�e had no objection to eliminatu�g the t;•io parl;in� .talls. He said he iaould like to start construct�.on this sn:in� atid coriplete it 60 days aSter�,*ards. The Co.^unission then went throuUh the stipulati.ons recorunendcd by Counc9l on the original proposal� and decided if they could Ue handled by Staf£� were obsolete, or should continue to be a recommendation. P1rs. Gabe1 asked what the si�n trould be tlzat taas noted on t?ie pl:uis� a,nd p;r. Ernst said t.hat %-1] li.l:ed tu i�nve their otaz si�n t�at t'.;cy hnae considcred multiplc-use si.Lns. Iie statod that he really couic�i'i: s�1y exactl,v c�hat it wou.ld be ai thi:, point, but i,Lou�ht ii. i:ould cuncur iribh all thc� ordinances. Chairperson SchnaUel explai»ed it had l�cen brou�ht up because thc sign � Fridley Appcals Cnr.anission 11r.eti.n� - 13arch 15� ].977 `• �1�° ]� 2 K ordina�ice was in thc procr_ss of bein�; re�•rrii:ten. 1•fr. Ernst sai� he o:oul.d cooperaCe rrith tne City on t}�at� and 1tr. llolden nentioned the �i�,m rnighb have i:o be movel a litLle bii South. I�i0TI0PI b;� Barna, seconded by Gabel, to close t:�e Public Hearing. Upon a voice vote� all voting �e� the noti.on curried unanirously. Ghair��erson Schnabel said that she had not come across any correspondence from any per;on in the area s{:atin�; ohjection:,, and it appeared that the property own�rs :rcrr.� not conce^ned at this point i�*ich this cor.�truction. Mr. Barna said he had one cc:7:^:i:nication fron 1ir. Larr;� i:iller ::ho lived right acro�s the si:reet i'rcra the proposed structure� and t:r. ?'iller had. £elt it ti:�ouldn�t do any gocd to con;lain. :Ir. Rarna s2id tha. ';-ir, idill��r �rould prefe^ a f'our-plev� or something of that nature on that nroperty. hlr. Barna stated that on� of his O%�lE.^ COI7CET'^S rras t::at in i.en ;; eurs it would be one more vacant business sitting on the side oi East �iver P,o2d. He said that he personally had no objections to a s�or� bein; there� and he had spoken to the oh�ner oi tne rricil.e;/ .00d ;�a:^ket znd they had no objections and didn't feel it i;ouJ.d hurt tneir bus-n�ss 2t all. Fie sa-d his mzin objectior� rorould be to �ny r.err entrance or E:Y.l`i. or. ;ast ?iver 'oad� and the additior.a:1 tre�ffic it would generete cressing the P��v<.r Road bothered him extremely. Mrs. Sc!uiabel asked i.!' the school bus stopped at �he i.ntersection oP fiast River Road �s:d 7;th �i�y� �nd I'r. B2rna said it stopned furt:.er do;m. 'c?e said ihey had sto.,ped i:n2re at one tine� ba� t!:ere e:�re too r:a^y n�ar-accidents. ;•s. fe��per asked if the}� discnarge3 chillren t'.:a� had i:o cro:s 3sst fi=ver Road� and i`ss. Gabel said iheT did. h;rs. Gabel said that besides the probler� of controllin�� that en�rance, s^e thou�'�t it was al.so p3rt o� their :esponsibi.].ity to the com�unity te not create a situation that was tircrse than it presently was. She stat�d she thot:gL•t �•:nen this happened t.�ro years ago t!zat they :��ere squeeaing everyining out of thi, they possibly- conld� and she felt even more so no:a� although she did understand the proble;� wiLh the lot. Sne added that she could ?.ive with t»is plan. Chairperson Schnnbel stated that ivithout the real property orrner at the meetin� it would Ue hard to determine i£ he had ever had a biiyer who :aas inter•ested in p:ittin�; any� nm7.ti}>> e d•sel i.in� on the pro; erty. She added, ho•,:ev�r, that. its present �w',in;; r:ight dis;;oura�e someone from ��;sntin� to bi�y t1i3t property- for a�ything othcr than a ceru:�ercial struciure uf so:ne type. She said it had Ueen zoned !'or lo+ years as conur.ercial. Mr. 13arna sai.d that one other concern he had was the statement in the leiter from the 7-11 }�cople t}iat thc;y would not, consider Uui].ding ther� if they couldn'C hav�>. :.� e��trp off oi' itiast Rivcr ^oad; ia:.y'i,e tliat ia�s the reason the other variances wure allowed to expire. hir, l:rr.st �aid Le dicin�t have the specifics involved in•that, Fridley Appeul:> Commi�siom 19eeting - I�larch 15� 1977 � Pu�e 15 J;OT7:C)Iv' by Y,em, er that the Appeals Commi.�sion recom*nend to ttie City Council� throu�;h the Planning Coru;ission� that all the variances be approved with the er.ception of "�", witi� the strong recorrJnendation to Council that no entrances or ezits be al.lowed at thi� time off of East Rivcr Fioad unti.l such time that soutPi-bound traffic could be controlled vi.a the upgradino or '79tt, and last P.iver Road. In addii,ion to the above recorunendation� the Appeals Commission would recor.�mend the follorring stipulations: 1. Aerming to be oS sufficient height to protect the residents from sutornobi.le lighting and buSfer plantin�s incorporated V;ith berm. 2. Lighting focused doi:n so as not to shine into the residential property ocaner's windo+:s. 3• Refuse area should have solid screen� no gate openin� onto the service drive� t.",e portion not being used f.or reSuse storage and handlin� to be used £or plantings. �1. Side�;alk connection construct=d to Lincoln Street. 5. Recornmend City Council consider rezoning from G2S'to G l. 6. A bond� covering the cos;.s o£ all stipulated improvemeiits� iaill '.: be required. In eddition, all nec�ssary and proper rioht of ,•rays� easements �73 let�ers oi e;iic�oacnmeni shou2d be sub.r.iited and recorded prior to the �ssuance of any b��ilding permits. The motion died for lack of a second. Nir. Barna disa�reed with the motion cn the gro,uids that as a resident alcng East River ?oacl, he could r.ot personally see any additional construction or increase in traffic £lc;r on East River P.oad in its present conditicn. He added that i:e would not encourage anyone to invest rioney on E�st 3iver Road caith t:.e present �ast R;ver i?oad Project Co:ruaittee's ;ecomr;endations on future uses of East River itoad. He said he xould feel nore comforiaole denying the request. Mr. Ernst said that as £ar as the success of the neighborhood shopping center went, 7-11 had dona extensive studies and housing counts and prejections as to the possibility of their success an3 had positive results as far as their projecting the net incoMe in the area. He added that they had been successSul in the past in projeci:ing market are<s. As far as R.C.3, is concerneri� he continued� they felt confident they would do tirell in the area and would 2ike to go ahead with this on that basis. He said that he didn't think tl�e possibility xas very great that the property 4rould be up for �ale i» the future. Airs. Gahel stated that she had an internal battle with this. She could live with it, she said, but it xasn't somethin� slie really iranted to see therc. She sai.d she finew people uho lived in the area mid they Selt very stron�ly tsUout their neigiiborlioods and cnythir.0 that would �;cnerate one more car driving down Last River Road. Shc cornmented that she was havin� n lot of i.rauUle �;ith thi;;. 2L � Fridlcy Appealo Commission Meetin�; - Alnrch 1�� 1977 ' Page 1G ZM Mr. Fiolden wondered why thcre hac;n'L been �,ny objections to the plan� and thovght one rea�on could be because a�imilar plan had alrcady gone throu�h this procedure and been approved. A)so� he said� there was the po�sibility that thr.y did not object to it. �,e stated that having a reCail grocery store� which was the priraary �tructure, within walking distance may not be a probler�. 1;r. Keraper added that he �•ras thir.king that the peonlu who lived in the aparCrnent buildings tirould. have fericr blocks to go to do th�ir shopping. Ptrs. Gabel stated it would be ezsier fon c�r to vote in :atiro: of the proposal if it r;as rezoned C-1. Slie saicl that this ti•�as a speculative venture; the 7-11 may be a sure thing� but. tney cou].ck�'t centrcl the other uses that r:ight go in there. I•frs. GaUel cor.tinued t;:at in a G25 tk�er2 r:as a lar�e variety allovred� and read that portion of the code aloud to , the Com�nission. Chairperson Schr.aoel said that ma��y oS those u�es rrere also all.owed in a G1 zone, and sne didn't know Vinat vras the right usage for that corner. Mr. Kernper c•rondered how the City could have approved this two years ago. He said taat the Council had appro�Fd it, and ?£ �ieridian had eJ_ected to go through :�rith t?�e plans� t,�ere iaould be a buildin� the^e at this tine. 29r, Holden comr�ent�d that he didn�t thin;c it wa, trithin tnei: right or jurisdiciion io second buess tile svccess or failure oi a ousiness. Ne said this operation would be close to �z aw:ul lot of peop�e� ever. by ��.ay of fooi traffic. Afr. Barna stated he had gcod friends �,*he r:ere r,urt in aCC�uE:1fs ir,volvin� Esst River Road� 2nd if it uas up to him he :,oulc_n�t have �ny b:��;r,es,es in there i.ith in�ress or egress oS? of East River Road. �e s4id he 'r.new a lot of pecple do�::� there� �:nd he Imevr soneone i:oiild get blasi;ed at t;at corner sooner or ].ater. Chairperson Scimauel asked i£ that interseciion had signa�izatior. i:" ne uould Ue ^ore inclined to go alon� xith this� and N?r. Barna replied he ti�ould. t�fr. Ke^�per stated that he thou�;ht the7r prcblem wasn't witz R.C.E. Corpora- tion or the 7-11 Cornoration, but xith a r.otorious]�• Uac i�igh;;ay. iie said thati if tiy denyir.� this variance they could somehow soeed up the improve- ment on 79t.n and East R_ver P.oad� he would malce that motion rigiit now� but he didn�t t;tiink tha� h�ould nake a bit of difSerence. Chai;�versr,n Schr.a:;cl said tha� £or tir. L��nst's infori�ation� there had been a stad}• �:oup loo;ing £er so;:�z time 2t East River :tv�d in rridley, and the group ;.as co.,�posed nainly of residents aloi:g both sides of East River Road. She exp'_ained ti:c co::u�nittee was fo��ned because most of those residents rrere verv caiccrne�l aUout the sneed� �he amount of trafSic� and the nw•aber of accidcr.ts alon� r.ast River Road. She told 1�?r. Ern �t that thc�- had made rcmcoir.nendaticns to the Plvmin;; CorL�nission and t!�e Cit;y Cotmcil to try to 111II�iC �O�:C C:':tl]j,B9 O❑ :::z��, ii1CC]` JiCRi� lI1 i'.CI'�:iS Of �I':iir'.0 1 ' ' .'��.i: G j f.;li'�' .f:C.(1 proposi�:i a plan iahcra ti:e ti:o-lane would �oatinu,: froia South oS :iississippi to 691t iaith ri�hi, and left •turn lartes� ctc. She said they had aaked for support. of this:pl;.n thron�h the City to Anol:a County to tiy to get some- thing done ahout tlieir cancerns, �;rs. Sc]maUel said tl�at t.he plan was not � . . � Fridlcy Appeal:, Cnimnission I•;eeting - i:arch 1$, 1977 � Pa�e 17 _ -- 2 N successful with the county, buL thcy �rere sti].l continuin�; to study the problein. She stal.ed that in cffect, they� were told that unt,il the North Corridor wa� cievelopecl the Last 2iver P�ad would pr�bably continue in the manncr that it functions noir� �rith some un�;radin�. So� she said� the citizens alon� tiiere have had an ovcrriding cqncern about Lhis roadrray Sor �one time� and it cane to focu:; on the Appcals Corn.mission nom in terrns of i.his reque�t. Chairperson Schnabel ezplained to i1r. Ernst that they had no oroblem v�ith him or his proposal� but their main concern f;as their responsibility to the efforta tha� had been c�one by a number of people in the City in regard to the trai;ic problcm. She said she had :aanted to nalce him ai:are of the history of �.rhat had hap�;ened on East River P,oad. Mr. Ernst stated that the derelonment 4�ouldn�t create any nesr car� or ger.erate more traffic; that nurnber of' cars �ras constant. He said that by ta�in� tnat en{;rance array on the East River Road it :•rould restrict the use oi that property and the 7-11 store� and t"iereby restrict the or.�ner of `..lie prop�rty as ��rell. He said he understood tae Board's concerns about ti�e added turning and the congestior. tha� iaould cause; but based on t•rnat had happened up to nox� he thoug:�t the plan they had befor� them concerned itself with those problems and tried to solve them as yiell as possible. Chairpersoa Schr.abel staied he hzd Made a good attemnts ar.d thought the Eoard u:ould agree that the store 1dOL`!Q prob2bly not generate any more ner; traffic. Ao�.eve:, s!�e said, she thought the coneerr. Yras basica=ly �.rith tnat parLicular corne� from a safet;� standpoint in tez�ms of traf4':c sou�h-bound on East Ri1rer Road attenpting to turn inio that entrance on E.�st ??iver Road instead o£ usir.g 79�h. �ir. Ke,�:�e: eE;ree3 that the proble:: ti:•asr't ;.ith more traffic� but with more cars stornir.g and starting at an alread�- no�oriously dangerous intersection. He said 'ne w.as not a traf£ic engineer or someone who could analyze if the business �rould decline c•:iti:out that entr:nce, but he thought iF sonebody c,anted to stop there, thep �rould. Chairperson Schnabel said they did h2ve several options uvailable to ther.t: deny� approve� or tuble the request; but they taere obligated to pass on to the City Council some type of decision. ASOTION by Barna, seconded by Gabel� that the Appeals Com.missi_on reconunen3 to Council, through the Pl��nin� Com^�ission, that the request £or variances Ue denied due tc� the adverse tra££ic conditions on the Bast itiver Road and specifically at the intersection of 79th l^lsy and East River Road. Mrs. Gabel stated that when she looked at this as a buildin� nlzn she had no problems with it, but r�hen the h�unan aspect tiaas added into it, that was k�hen her probl.e::is began (and that �;as tirh3t the conuaunity i�ras nade up of). She said they t�ad a respon�ibility to the citizens of the comnunity� and that cuns hcr rcaaon for seconding the motion. UPON A VOICS 40TE� Barna and Gabel votin�; ayc, Kemper and Schnabel votir.� nay� the motion tied 2- 2 and failed for lack of a majority. Chairper�un Schnaticl wondered if they must arrive at a majority opinion or could pa:s thi.; on to thc City Council a �ic votc. � Fridlcy Apj�cals Commi:,sivn 14ceting - 1•1�rch l�, 1977 ! Pa�e lf3 2� Chairperson Schnabel dec].ared � recess at 10;30 P.t9. r�nd reconvened the meetin�; at 10:46 P.?4. PQrs. Gabel co:nmented that she thou��t they had almost tal.ked this thing to death� and she nad to vote the viay she believed. Chairperson Schnabel said that basically, they had to really consider the various variances that were being rcuuested, and thought perhaps they might be puttzng more ernphasis on traSSic ilo�r than the variances that had been requested oi t}iem. The other t?�ic� tiie;� had to considr.r, she .=.tated� �ras that there :�rere tv;o �7ore bodies t:;at chis would anp�ar bci'ore rrhich ;:ould perhaps deal rrore directl� with tra`'iic floi:� :�roblems as opposed to the specific variances they were beir.g as'.,ed to deal tiaith. She said that their job iras to _ook at t!�e requests for cari�ices of i;he zoning ordi .ance as they related to the public safety •�nd r;elf2re o� the citiz°ns, and oer.".a: s they had gone iarther than the zoning ordinancc by getting themselves quite oarappecl up in the �ast River Roari traffic situation. She said this iaas not to deny there �aas a problem there� but she thou�nt they raight be goin� beyond the ordinance. klrs. Gabel said she unrierstood what r`ss. SchnaUel iras sayinp� but in terms of looking at the public .",ealth� s�£ety 2nd rrelfare, she �h�u�ht their concerns all tied in. Cnaroersoa Schnabel s>>ggested they mio + be iool<ing a�l;'ttle bit £urt!:er thzn r�hat tnis body real�y de:ali rritn. 1�'.rs. Gabel stated they Lad. t.o l�ek zt thin�s as ho:•r th�y rela�ed to ti:a ccr��:unity <.n3 if they xere good for the communit,y. She said s:he could not igr:ore that the situation i•ras there and the preble:cs did exist. ChairpArson Schnabel sai3 that ma;>�be the time to ma'r.e that tyye o£ objection xould be a� the City Coimcil; perh�os they t:ere getting beyond their scope. She said th��r were charged basically t,ith dealin� ;aith yr?�� ve� i.�nces oi s zoning ordin w�ce, an1 the traffic on rast River Road i•r2s not a cariancc in the zoning ordir.ance. Sne su��;estca, that cerhans the dec=sion on t�hether or not �,ny cc;rnr;ercial ven�ure should be allo�red on �ast Ri�•er i?oad i:ou7d more directl3� rest e;ith the Cor�nunit�; �evelonment Co;,vnission or ;aiih the Planninf Co;r,:ission or Cit3• Counci.l. She said thc Appeals Co.siission �:as charged rnore specificall;r ;rith variances to the zoning ordinance insbead, and i;hat was their £unction. t�Ir. K.e.aoer said that i.n order to ra'.�e tnose decisions� ho�:�ever� they had to take into consideration tiie hardships involved; hrsdsiiip:� not only to t?ie person requcsting the v;riancr.� hut tlie hardships tv the citizer.s of 'r'ridley as we1L T�1rs. Gabel said she i•rondered if they �,�ere not asl;ing ther�selves to do the impossi.ble. S}ie said they could sit thcre unt.il It:00 in the r:ornin�, and if they all Selt very st:on�ly on this, they simply r:ould not �grce. She said at some point tiiey ;,�ould haee to pass this er. to the Coi:ncil. Ch:urperson S�::nabel rcad to t!ie Co^sni>sion tiie ciu{sies of the So•ard o£ l�Ppc ��tls from the code book. Slie said she thot;�ht tii,lt the decisi.on as to if ai�ythin�; stiould be pinceci on th�t property ur any oi:i�er property along' East River Road may more likcly Lelon� in anothcr body th;ui this Commi�sion� , ` � rridley Appeals C<�mmisa'ion ASeeting - A1arch 15, 1977 � Page 19 , 2p and thought the Anpenls Comriission may be simply structured to deal with � variance:s of the Ci.ty code. Mr. Kemper noted that the last'paragraph she had read Srom the charter said they were char�ed erith the re�ponsihility of saf'eguarding the public interest and 1•rere told they siiould aoply stipulations to ensure public safety. He said that £rankl;/, he didn't sce that either one of i:ne notion� was out of line. Ct�airperson Schnabel sazd sne o:asn't inferring that, but was trying to maY.e tnem all under�tand what their c}iar�e was as a Comnission and see if they couldr�'t reach a majority decision. 1•ir. Ker�per said h� thought it :ras not appropriate for them to deny a private concern a variance £or something that r�a� cemnle� Leyond his control and somethin; thai may go axay in the £oreseeable iuture. He said he �•:ould like to £ind an avenue to try to o:orl: around that pa:ticular probleM� a�d �hat was Yihat he taas trying to do in the original motion he mnde. He said he didn't think this body could sit bacic and say� "P;o� you can�t do it at�d you can't do it forever eecause or the bad traffic situation on East ?�iver Road", He said he thought that was a te:nporary problem. Chairperson Schnabel said she also had a problem saying a patitioner should be denied a request based on a oersonal �eelin� oF wheth�r or not that bnsiness iaas going to succeed. She noted that in the memor2ndtL� th�y had received from the City Attorney on economic feasibility and economic hardship, one oS ti�e things they had never dor,e cti�as to request a iinancial report �re*� any petitioner. S�2 stated the;,� never lm e� i£ the ��titioner standin� before tnem had a miilicn do7.lars in �:he bank or Vras rollir.g his last nickel around in his pocket; they never kne:a i£ a�erson had the ability tc succeed o: might fail in any venture he had before the Bo2:d. She s{:ated she really didn't £eel it i��as le�itimate for the-a to deny zny peti�ioner on tzat basis, but t:�ere s�rere nany othe^ reasons iahy i.hey could deny a petitioner. She added that she didn't think ti�e;r should secon3 guess whether a besiness iaould succeed or fail. I4r. Barna said 'r.e i�ras not "oasing his decision on that. He eyql•ained that tt:o years ago '�e had spoken in favor of a business on that corr.er, but that iaas he£ore he had gotten involved in the safety factor. Chairperson Schnabel su�gested that the buildin� could be rediiced in size by ahout !�0' .(reducing it from 11t6' to approxiriai;ely 106' ), and asked PIr. Barna iS that caould Ue more palatable tc hi:n at that point, t•?r. Barns said that wouldn't make a viable building, and I�;rs. Schnabel agreed. She slid tliat p;obaUly it r.ouldn' � be econonica.il,y- appculins to him because the,square footage would be reduced. Mr. }iolden cwnmented that he had £ound subsequent action by the City Council on August 18� 197>> in which they did discuss and put together the list that they had i�efore them of the 11� items. AS�TION by licmper, seconded Uy Rarna, that the Appcal:, Co�r,mission table {.his item until they had a£ull Uoard. Uuon a voice vote� nemper and Barna voting aye, Scim abcl and Gubel voting nay, i.he motion ticd 2- 2 and failed , for luck nt u majority. . . �: Fridley ApPezl.s Comrni :sion Flceting - Narch li� 1977 ! Pa�;e 20 - �' 2 (� Chairperson Schnabel said she fclt a motion to table r.{. this point would require that the rnissing Eoard raombcr be brou�-ht up to date� and t,kiere ti�as no �uarar.tee that he would lie at the next mceting. tdr. Kemper as'r.ed 1•;r. Ernst his oninion as to i�:hat 7-11 wou? d do i£ they were denied access off of �a:,t Ri.ver P,oad. 1•ir. �rnst rrplied that i.t rrou7.d make the si{:e undesiratie to then since their Lus:.ness tia2s based on traf£:i.c (either by cars or foot},'and it a�uld cut thon orf 1'ro:� Lheir r�ain arc^r,y oi' survival. :le said they orouldr.'t arint that nrol�ertJ even if it 1aa� possible that at so:�e later date tnere V:ould be zn 2ccess off of Ea:,t °i*�er R�::d, as it :?ould jeop<:rdize th� prcject. Chairpersor. Schnaoel asked �rinat J:x•. 1'xnst thou�;ht 7-11's reaction wo>>ld Ue if the Ci.t� Counci:� also denied a direct access ontc East P.iver Ro:d. Air. �^nst reglied tY:at they had to look at it in Lerreu of the whole ccncept, and i£ Fridiey would px•ovide t�,at access. As fzx as 7-J.l e�as concerne3� he said, the�� felt just an ingress :rovld be enough for t3�m, but they �;ould like to have eg:ess as r�ell. hirs. Gabel w�n3ered ii it ;ro�:ld be in order to m2ke a motion that they pass tl�is on i.o the Cify Council as is. S:�e ::aid sY:e didn't see that they r.e: e going i:o ceme to eny conclusions. i;r. Barna cc:mnenied trat th�y could:i't A(�':C� O:1�C'IF.2'�:{'it11:1^� 8�� Of +..hC.' j'.1;10� LT�•. �E,".'�:y7:^.Y' 521� ±f?.^'..± {;f'° m9riri�,o,� would reflect a1Z oi tneir c�ncerns and i�ould te12 {;heir feelin�s regardless o� which t:a;,• ar.J motion ;rent. I�Ir. Holder 2sl:ed ;�:nat tlie main objection ;.as to 2�s. ::e:^.per's original. mcti�n. N:r. Bari:a said his nain objections rrera to t�;o safety �ariar.ces, B and G. Chairnerscn Sc'nr.a5e1 ask�d Nir. B�sna if he i•iould be rnore inclined to �i:.p�:�ort the proposal ii tae pciitioner ca.�e in :aitn a ne*.+ plan that elir.�inatrd reque�ts B� i: anci ; anci ii tliere u2s no access �rom �ast Rir-e: P.oad. i;r. Barna replied he would not. A.OTIOit Uy GaUel, secon3cd by Barna, that t?:e Anpeals Com*nission nass on to Co:n7ci].� ti:reuoh the P.lanning Co»nissio�i� thcir tie votrs ti•ritnout recomme�idation. Chairperson 5chnnUel said that in view of the Sact that they �id seem to be at an iripssse an3 !�ad attempted three motions� it tras �;ossibly ad��is;�ole to pass tlii� �n to Conr.c:l as it �aas ar.d let t?:e r�inute� c:;;?lain ti•:hat ii�d h��.ened. ::he s��id she did feel the necess.it;� *.o g�:t in cor.tact. e,iti, the Chair oi i•he Planniiig Co:amission :nd the Alayor to di;,cuss i:itat had hap: eneri at tk�is iaeetittg wii:h Uotii of thenn. She sai3 that if they felt tlrat tizE: Board of 1.ppeals st:oula come baelc and try to reaoli some lcind of majority opi.nion� she kould notify each of the mexbers oT thc Co�unission. She added that st:e did fcel obli��ated to at least mab:e those calle :so tl�ey could be acuare uf i:hat, had nappcned. UPON A VOTC:s VOTE� GaLel, �yarnu and Kemper votin� aye, ScYuiabel vot.ing nuy� the moti�n c�rric� 3- L l +C � RE6ULAR MEETING OF SEPTEMBER 12, 1977 171 PAGE 5 CONSIDERA7IOfl OF A RE UESQ T f0A VAP.IAYCES TO ALlO�J f,ONSTRUCTION OF A 7-11 STORE AT �)899 EAST RIVER ROAO R�.L.E. CORPO?v1TlON TF,GLED 4-1f3-17 : Mr. Tom Colbert, Assistant City Engincer, explained the reqaests for variances to allow construction of a 7-Eleven Store at 7899 East River Road. He explained the item was ta6led on April 18> 1977 in order to allow the developer Cime to meet with the County regarding possible signalization at Yhe intersection of the proposed 7-Eleven Store. Mr. Colbert stated the City received a request from the petitianer, Mr.. Ernst, to be placed on the Councit agenda for this evening. Mr. Ernst appeared 6efore the Louncil and explained they have looked into the possibitity of rezoning the property in question to C-7 which would alleviate the need for a variance from the public right-of-way; eliminate the variance for a 20 foot setback; and eliminate the 50 foot setback from a cortmon boundary line, as previously requested. Mr. Ernest explained, with a C-7 zone, only Ywo variances . tmuld be required. One being a variance of the side yard setback from 15 feet � to 10 feet and the other being a variance of the rear yard setback from 25 fe=t � to 20 feet. Ne stated they have explored the possibility of obtaining an easemznt from the apartment to the South and have a letter from the owner expressing the inabitity to grant such an easement. Mr. Colbert explained part of the original stipulations was the estabtishment of a deteleration tane.to County sta�dards. Mr. Ernst stated they are witlin9 to construct a deceleration lane. Councilman Fitzpatrick fett the real issue is Lhe entrance off East River Road, and didn't feel there was a problem with the variances since they will be requesting rezoning to C-L Mr. Colbert stated, in 6iscussirtg a temporary nedian on East River Road, the County felt to place a three to four foot median without any future road�development would - create more of a hazard than having persons attempting to make an illegal turn. The staff suggested, as far as the traffic pattern �is concerned, the ingress, as it is proposed couid be alloo+ed with the idea that the i�t�rsection will be improved in the near future or it co•�ld be approved with the stipulation that no ingress be atlowed until the intersection modification took place. The staff felt, if direction is received from the Council, program scheduling could begin with the project being completed within the next few years. Mrs. Yirginia Carlson, 231 79th Way, stated there was some discussion at the last meeting about using 79th. She indicated she did not want any traffic from this development on 79th. She stated she was against cortmerical development an that corner and £elt it would downgrade the value of her property�. Mr. Qureshi felt the improve- ments of the intersection would be in two stages; first, the construction of the channelization of the intersection and second, the signa7ization_ Mr. Colbert then presented a drawing showing the proposed improvemenb of the inter- section. This would allow a right turn lane into Meadowrun Apartments, but no exit. Councilman fitzpatrick pointed out this proposal still exits onto 79th. He felt if there is to be ingrzss to this property from East River Road, you have to look at a substantial improvement, Mr. Colbert felt the Councit would Nant the ingress to be more defined and with appropriate signing, he felt it could be handled effectively. Mr. Ernst stated they are willin9 to study this approach with the Engineerin9 Department ' and would install the proper signing to indicate that traffic not exit fram that particular entrance. Mr. Cotbert stated, if ingress was al7owed off East River Road, it would fit in � Nith the modification plan. � i .i � � t T. I� A 2R �._ ._.. 17% REGULAR MEETIFIG OF SEPTEMBER 72, 1977 PAGE 6 ZS Councilman Fitzpatrick felt the petitioner should conLinue to work with the City � and in9tiate the rezoning request for C-1. ' MOTION by Councilman Fitzpatrick for the petitioner to continue to work with the City regarding the ingress and e9ress and to initiate the rezoning request for C-1 which would eliminate the need for sane of the variances requested in the past. Seconded by Counciluoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee delcared the motion carried unanimously. NEW BUSINESS• Councilwoman Kukowski fe7t the ordinance was not aaeptable as to what her thoughts were, in terms of cosCS to the City, in comparison to the proposed amendment. She felt there should be some middle ground. • Councilman Hamernik concurred with Councilwoman Kukowski's comments. He felt the amount of paperwork couid be minimized and thereby, minimize the cost of the license. Councilman Fitzpatrick felt with the 15% of the gross receipts to lawful purposes,. they still have an obligation to look at the other 85�. Councilmao Schneider felt a certain percentage of the gross receipts, possibily 5%, , should be for local charitable contributions, and this should be noted in the ordinance. Counciiman Hamernik felt the fees should be re-evatuated. Mr. Brunsell, City Clerk, stated they could take another 7ook at them, however; �_ if the City is going to audit everything, the fees are not enough. MOTION by Councilwoman Kukowski to table this item. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee delcared the motion carried unanimously. r�r. �oioerc, K;sistant city tng�neer, scafed'�f6e�TTanning Co�nissiort recomnended -� . approval of this request for a special use permit for a school of gymnastics and ' exercise in an M-2 zone. He�exolained the reason for the request is that tbis � i type of a warehouse 6uilding is needed in order to accortmadate the gymnastic equip- ! ment. He stated, if the Councit recommends approvat of the request, the special use � permit should be issued to the property �aith direction being given to staff to ! define the area of the special use permit in relation to the entire building. Mr. Colbert stated, as of this date, the building is still under construction and Ms. Zak has not signed the lease. Ms. Zak appeared before the Council regarding her request for a special use permit. Councilman Hamernik questioned the space she would occupy in the warehouse building. FIs. Zak stated she would be leasing one of the small bays nearest hlain Street, the size being�30 x 34 feet. 145. Zak stated she would like to move into one of the � larger bays at some future date. Fir. Herrick, City Attorney, felt if Ms. Zak was going to expand, it would be reason- able to have her come in with a request at the time of expansion. Hr. Qureshi, City Manager, felt it would have ta come as a modification to the special use perniit, if the location in the Duilding changed. MOT10N by touncilman Hamernik to approve Special Use Permit SP �9)7-70 to hts. Jiti 2ak for use of a recreational-co:rtnercial facility in an M-2 zone at 8290 Ptain Street and a17ow her to use a 30 x 34 feet bay for recreational purposes. Seconded by f Councilmam Fitzpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the �0 motion tarried unanimously. z�7 REGULAR MEETING Of NOVEMDER 21, 7977 PA6E 6 L� Mr. Brunsell, City Clerk, was asY.ed to check on the computer rental fees. It was �. the Council's intention the City should have 5" of these fees. Mr. Brunsell stated � he would correspond with General Television, Inc. regarding this matter. x CONSI�ERATION OF 7-1L QEVELOPMENT AT 7899 EAST RIVER ROAO; R.C.E.�CORP. WARREN CALDWELL: Mr. Ernst, 2100 Silver Lake Road, New Brighton, representing R.C.E., Corporatiort, ( appeared before the Councii to request a building permi�t-be issued for the property , at 7899 East River Road contingent upon the rezoning and variances. t4r. Ernst . explained his reason for requesting this is-LO enable him to obtain the necessary financin9. Mr. Ernst exptained the reason for delay in filing for the rezoning was because the property owner was�out of the state and wasn't avaitable for signing the application. Mr. Herrick, City Attorney, asked if there was an understanding that construction would not start vntil the rezoning takes place. Mr. Ernst stated construction need not start, but only wanted the building permit issued for financing purposes. Mrs.� Virginia Carlson stated she was interested in the traffic flow and where the driveways would be located in reference to her property. Mr. Sobiech pointed these out on the map. Mrs. Carison also asked if barriers could be installed so that debris would not blow into her front yard. Mr. So6iech stated there are a number of stipu7ations attached to the variance and�felt> with appropriate landscaping and berming, they could control the litter. He stated, however, if this couldn't be accomplished perhaps they could reGuire the developer to put up fencin9. MO7ION by Councilman Fitzpatrick that the building permit be issued subject to the rezoning and subject to the variances being granted with the stipulations outlined that would be necessary in the rezoning. Seconded by Counci7woman Kukowski. Mr. �Herrick felt that at the time the rezoning is approved,.the variances should be considered. Mr. Sobiech stated he does not see what good the buitding permit is because he.cannot build with it until the rezoning and variances are approved. Mr. Herrick noted that Mr. Ernst stated he didn't plan to start building until the rezoning and variances were approved, but the building permit would enable him to obtain the necessary financing. UPON A YOICE VOTE ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 1. REPEAL OF SECTION 205.051, 3,�; SPECIAL USE PERMIT FOR-OOUBLE BUNGALOWS: 2. FRIDLEY HOUSING P7AINTENANCE CODE: MOTION by Councilwoman Kukowski to receive the minutes of the Planning Comnission Meeting of November 9, 1977. Seconded by Councilman Schneider. . Councilman Schneider stated his primary concern on a special use permit for double bungalmos in an R-1 zone is that tbe bm•den of proof to deny it is�on the City. He felt perhaps a rezoning or variance procedure would make riore sense where the burden of proof would fa17 on the petitioner. The City Attorney and staff is to check on this further. There was no discussion on the Fridley Housing Maintenance Code. tiPON A YOICE VOTE T�IKEN ON THE 110TION, all voted aye, and Mayor Nee declared the motion carried unanimously. " � �/Lc�c�tr�ir��i rl( . J��iar�i ATTORNEY AT LAW . � SUITE 500 BROOKOALE TOWEflS . 2810 COUNTV ROAD 10 • . MINNEAPOLIS, MINNESOTA 55430 ;•,� ✓�„� �G1!`� 5G>.�888 :t September 12, 1977 To: City of Fridley From: Five Sands Development, a Minnesota Limited Partnership Gentlemen: Five Sands is the Owner of that 295 unit complex in Fridley com��or�ly known as the Meadow Run AparUrents. Five Sands is in favor of the development proposed by R.C.E. Corporation regarding the corner of East River Road and 79th. way. That is with the understanding that the development is as pzr the Site Development Pian and Landscape Plan prepared 'oy Fischer Engineering Inc. o� 3/14/77. The ingress/egress to East River Road s shown on that plan is the only feasible fashion of handling the traffic flow to and from the proposed Conveni�nce Center. It is impossiole to have Five Sands grant an zasement over its property due to the Five Sands financing. (�, HUD insured mortgag2s and not possible to obtain Partial ReTeases). Undoubtedly several variances are in order to accomplish the proposal. - It seems reso��al>le to grant the ordinance variances as without variar,ces cne could not bui7d much more than a rabbitt hutch. Very truly yours � . .�—; L C y'�� r Richard H. Fhadali 2U 3 MEMO T0: Nasim M. Qureshi, City Manager A'�MO FROM: Richard N. Sobiech, Public Works Directo DATE: February 9, 1978 SUBJECT: Expansion of Municipal Garage Attached please find a preliminary plan for the proposed eupansion of the municipal garage. The preliminary plan has been discussed with affected Parks and Public Works Department personnel. The layout as noted on the preliminary drawing would best serve the purposes desired. The layout will allow centralization of the Public Works operations, and satisfy the requirements for the restrooms. In addition, the revised lunchroom and locker room situation would allow for both the Parks and Public Works personnel to operate out of the same area, It is hoped this would provide for better communi- cations between the two departments. The existing lunchroom and locker room would serve as offices for the foremen. The estimated costruction cost for the expansion proposed in the pre- liminary plan is consistent with the amount budgeted in the 1978 bugdet. It is requested the City Council review the preliminary plan and consider its approval at the meeting of February 13th. After con- sideration by Council, the architect would proceed with preparation of final construction plans. RNS/jm � xi �r. �r F><,,�k: s�� :�;� �- r. �/,�/�% 7(%f'!rG i' lIOONl � �/.;rLOY%J�/ �,l/T,Qi'+MY:c � ,___ J _. �_.J :7 �' —� —�� i�- ,.�� J � F_ X/5i. FU2/i4CE ,er�M i -�,,_. VJ.T. �_!i':! --. l�i.7. ...,�,=.v..r; �'r'--'��i_=r- � �. ' � , ' � ! � .: ! .I .� : .�. ._�..L:�_�..,.. . . . .. _. .. �.QCK��: � �;.1 � ) . ,:.:�, � � ' � � . 1:_ �_ i i ; . _�__� � �; s,/ �� , �.:. � � � ` �' % ' i I' i / i. �.! ��.' t� n.. \ h �� < ; , � � � � �� S�i-.i Y-.�) . , �� / .' ,`� ('�r'� 0 � � $ � `� `v ; ` � . � " , � � �_ . . , �� - h� • , $j � �' -� �,� . . : � , � � , � � . ' i: Y 3A EXIST. �i "�:�r_' G,�t/Z.�tG,�. a s ��. �``� ----- � �� \ `. <+ g .�t�;;'r �.<i� ' ti � � 1 L : . • i•! 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Qureshi, City Manager MEMO FROM: Richard N. Sobiech, Public Works Director DATE: February 6, 1978 SUBJECT: Status Report on Moore Lake Evaluation and Restoration Project Attached please find a status report prepared by Hickok and Associates regarding the referenced project. As noted in the report, it is recommended by Hickok and Associates that the data collection phase be extended to incorporate collections of samples throughout the spring snow melt. Apparently the late start last year, together with the early snow melt resulted in an insufficient amount of samples being taken for storm water runoff analysis. They do indicate that the additional information they would be col- lecting would result in a more complete final report. The more detailed information would allow for better acceptance of the data by the Environmental Pollution Agency in reviewing the City of Fridley's grant application for lake restoration funds. As noted in the interim report, the costs should not exceed the original proposed budget amount. I concur with their recommendation to extend the time limit of the report through July, 1978 at which time the report and grant application should be complete. Please advise i£ you have any comments contrary to this recommendation. &NS/jm cc: Steve Olson � � .. � ' E e MOORE LAKE EVALUATION AND RESTORATION PROJECT STATUS REPORT by E. A. HICKOK & ASSOCIATES 545 INDII�IN MOUND WAYZATA, MINNESOTA 55391 FEBRUARY, 1978 4A � . :I ,■ February 2, 1978 f-r,��,••/� Ilir4 �:nnrl/1 or,ird�" Inr, II .�.�r. �: I�r.;� i nt- Mr. Richard N. Sobiech Director of Public Works City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 ' 545 Indian Mound Wayzata, Minnesota 55391 (612)473-4224 Re: Moore Lake Evaluation and Restoration Project Dear Mr, Sobiech: + xe w ; N �N~ ' '4.� t ,� �,'-�. �� " �.,:.�� The firm of Eugene A. Hickok and Associates entered into a contract with the City of Fridley for the above referenced project on March 14, 1977. Work began on the project shortly thereafter, however, due to an early snow melt no spring runoff samples were collected. Other sampling and work has proceeded during the year and the enclosed status report briefly outlines the work accor.tplished and presents the analytical results. In view of the work accomplished, it is our opinion that a more complete grant application can be developed with additional data proposed to be collected during the spring and early summer of 1978. We feel this additional dat.a will increase the chances for successful grant review and approval. Discussions with the Minnesota Pollution Control Agency indicate that, "while the earlier the better", submission of a grant application in July seems appropriate. In terms of budget, we have used approximately $7,000 of the contract amount of $17,120 and consider that the additional work can be performed within the budgetary limitations of the contract. We propose to collect four additional lake samples, five storm runoff samples, one set of groundwater samples, possibly lake sediment cores for radioactive dating in addition to the oriqinal data evaluation and grant application tasks. Your approval for the modification of the completion schedule for the above cited reasons is hereby requested. RespectfulZy submitted, EUGENE A. HICKOK AND ASSOCIATES �Y/r( 'U C ifoi ian . 4enck,� Y.� NCW/cml Enclosure MOORE LAKE EVPiLUATION AND RESTORATION PROJECT STATUS REPORT . 4C Work activities on the Moore Lake Evaluation and Restor�tion Project began in March, 1977. The field and laboratory activities can be divided into six categories: 1. Lake samples 2. 3. 4. 5. , 6. Storm sewer samples � Well samples Installation of Moore Lake level recorder Installation of stage recorders in the storm sewers • Lake bottom core samples Lake sar.iples were collected five times during 1977 on March 10, April 25, June 27, August 9 and October 31. Additional samples were collected in January, 1978. The analytical results for the 1977 samples are presented in Tables l through 4. Three sets of storm sewer samples were collected on March 28, Auqust 15 and September 23, 1977 and the analytical results are presented in Tables 5 through 7. Due to an early snow melt, there were no snow melt runoff samples collected. Storm sewer samplirig locations are shown in Figure 1. Four pxivate well systems were located in the vicinity of Moore Lake and these were sampled on April 26 and July 26, 1977. Infor- mation obtained after collection of the samples revealed that the we1Zs were too deep to provide inforination on the local groundwater. � 0 0 i�J In September, five shallow �•�ells were installed around Moore Lake and t�tere sampled on September 20 and November 2, and water levels were recorded. The analytical results are presented in Table 8. A laY,e level recorder was installed on the northwestern end of Moore Lake and continuous lake level charts have been obtained. . Six "V" notch weirs and stage recorders were installed to monitor the stormwater inlets to Moore Lake. Flow charts were collected for all major storms and are presently being tabulated. Twenty lake bottom cores were collected in March o£ 1977 and were, • chemically analyzed and classified for the parameters in Tables 9 an3 10. Figure 2. The locations of the lake bottom cores are shown in In order to better accomplish the development of a lake restoration grant proposal for Moore Lake, it is recommended that the sampling program�be continued through June of 1978. Four additional lake samples would be collected in March, May and June (2). The addi- tional samples and temperature and dissolved oxygen profiles will provide an estimate of the phosphorus contribution of the lake bottom sediment. Five additional spring runo£-f and stormwater runoff samples will be collected along with the corresponding flow data. Calculation of phosphorus loadin9s and hydraul.ic retention time for Moore Lake will be enhanced with the additional data. The Voll�enweider model of lake eutrophication utilizes those two variables to predict 4E thc water quality of a lake. The model is also used to predict chanyes resulting from restoration activities. ' Additional water level readings and samples from the shallow ground- water wells will provide a more accurate picture of the hydrological balance of Moore Lake. Estimation of the seepage from Moore Lake and its impact on the groundwater are important considerations especially if any bottom changes are made, i.e., dredging or seal- ing. kadioactive dating of the sediment cores will provide an estimation o£ the sedimentation rate for the lake. The impact o£ urban development and major highways, U.S. 65 and I-694, on the lake water quality, the groundwater quality and the sedimentation of Moore Lake appears substantial, The additional data proposed to be collected will give, a more accurate representation of the Moore�Lake ecosystem and the possible alfiernatives for restoration. This increased accuracy will in- crease the probability of acceptance of the grant proposal by the Environmental Protection Age�cy. F.OR CONCURRENCE BY THE CITY COUNGII. _ CLl�I"IS PIO, 035P;0? - 04093� f,LAIMS � 5