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07/21/1986 - 5077_ t r � � � �► _ . �...� . 1 u ► - � - FRIDLEY CI TY COUNCIL JULY 21, 1986 - 7:30 P.M. ' COUNCIL MEETING. �ULY 7. 1986 SPECIAL MEETING. �ULY 14, 1986 :��' �► � : ►�: �� : u [:��ti : (CONSIDERATION OF (TEMS NOT ON AGENOA - 15 MINUTES) �' � ■! : : I�I�►� PUBLIC HEARING ON REZONING RE�UEST. ZOA �86-01. LOCATED ON THE WEST HALF OF LOT 4. ALL OF LOTS 5. 6 AND 7. LUCIA LANE ADDtT10N, GENERALLY LOCATED ON THE NORTHEAST CORNER OF MISSISSIPPI STREET AND HIGHWAY 65. BY L. ROBERT ERICKSON . . . . . . . . . . . . . 1 - 1 M COUNCIL MEETING. �ULY 21. 1986 ' .► i ■ �► ► • ► PUBLIC HEARING ON REZONING REQUEST. ZOA �86-03. LOCATED ON LOTS 16. EXCEPT THE EAST 199 FEE7 THEREOF. 17 AND 18. BLOCK 2. SPRING VALLEY ADDITION. GENERALLY LOCATED NORTH OF RICE CREEK ROAD AND EAST OF CENTRAL AVENUE. BY RICHARD MOCHINSKI ...• PUBLIC HEARING ON THE MATTER OF A FINAL PLAT. P.S. #86-02. CREEKRIDGE PLAT 2. LOCATED ON LOT 1. BI.00K 1. H I DDEN WOODS: OUTLOT 1. GENA RAE ADDITION: PART OF OUTLOT A. DENNIS ADDITION: PART OF LOTS 6 AND 14. REVISEO AUTITOR'S SUBDIVISION N0. 10. GENERALLY LOCATED EAST OF CENTRAL AVENUE AND SOUTH OF 66TH AVENUE. BY RICHARD BRICKNER. THOMAS BLOMBERG AND THE CITY OF FRIDLEY .... PAGE 2 . . . ..2-2H ......3-3M' PUBLIC: HEAftING ON REZONJNG REOUEST. ZOA �86-02� GENERALLY LQ��TED SOt1TH 0� �SBQ�RNE ROR�D AND EAST 4_ 4 G 0� H I GHWAY 65. BY DAV ! D HARR l S . . . . . . . . . . . . . . . COUNC I L�IEET I NG. �ULY 21. 1966 ' : . :: ► •► ► � PAGE 3 PUBLIC HEARING ON THE MATTER OF A FINAL PLAT. P.S. #86-03. A 8 R ADDITION, GENERALLY LOCATED SOUTH OF OSBORNE ROAD AND EAST OF HIGHWAY 65. BY DAVIO HARRIS .... 5- 5 G 0 1 1 : ► �•'�►� CONSIDERATION OF REAPPROVAL OF A VARIANCE REQUEST AT 5202 PIERCE STREET N.E. THAT HAS BECOME NULL ANDVOID . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6 C CONSIDERATION OF APPOINTMENTS TO COMMUNITY DEVELOPMENT. APPEALS, ENERGY. AND HUMAN RESOURCES Cor� i ss i oNS . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7 A COUNCIL�MEETING. JULY 21. 1986 (OLD BUSINESS CONTINUED) PAGE 4 CONSIDERATION OF SECOND READING OF AN ORDINANCE CREATING CHAPTER 608 OF THE CITY CODE RELATING TO A TAX I MPOSED UPON LODG I NG . . . . . . . . . . . . . . . 8 - 8 E 0 ►� � � 1 CONSIDERATION OF A RESOLUTION AUTHORIZING EXECUTION OF CONVENTION AND TOURISM AGREEMENT FOR THE PERIOD OF AUGUST 1. 1986 THROUGH DECEMBER 31. 1987 AND CONSIDERATION OF APPOINTMENT OF REPRESENTATIVE OF THE CITY OF FRIDLEY TO SERVE AS A MEMBER OF THE CORPORATION OF THE NORTH METRO CONVENTION AND TOURISM BUREAU AND AS A MEMBER OF THE BOARD OF DIRECTORS OF THE NORTH METRO CONVENTION AND TOURI SM BUREAU . . . . . . . . . . . . . . . . . . . � ,...9-9C RECEIVING TNE MINUiFS OF THE PLANNlf�G COP�lISSION MEET I NG OF JULY 9. 1986 . . . . . . . . . . . . . . . . . . 10 - 10 WW A. CANSIDERATION OF A PRELIMINARY PLAT. P.S. #86-04. RIVER LOTS ADDITION, 6ENERALLY LOCATED AT 6�i52 EAST RIVER ROAD. BY KEITH HARSTAD .......... 10 - 10ihM( PLANNINC CONLMISSION REGOMMENDATION: APPROVAL WITH STIPULATIONS COUNCIL ACTION NEEDED: SET PUBLIC HEARING FOR AUGUST 4. 1986 COUNCIL-MEETING. JULY 21. 1986 (NEW BUSINESS CONTINUED) (PLANNING COMMISSION MINUTES CONTINUED) B. CONSIDERATION OF A SPECIAL USE PERMIT. SP �86-08, GENERALLY LOCATED AT 7806 ALDEN WAY N.E.. BYWALTER RASMUSSEN ............................. Pj_ANNINC COMMISSION RECOMMENDATION; APPROVAL COUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION C. CONSIDERATION OF A SPECIAL USE PERMIT. SP #86-09. GENERALLY LOCATED AT 291 SYLVAN LANE N.E.. BYMICHAEL MCPHILLIPS ............................ Pl__ANNINC GOt�IMiSSION RECOMMENDATION; APPROVAL WITH STIPULATIONS �OUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION D. REVIEW OF MOTlONS FROM PLANNlNG COMMISSION AND PARKS b RECREATION COMMISSION REGARDING MEADOWLANDS PARK IMPROVEMENT ..................... PIANNtNC GOMMISSION REGOMMENDATION: APPROVAL OF PARK� .8 RECREATION MOTION AND RECOMMENDATION OF CONSIDERATION OF ASSESStNG BENEFITING ADJACENT PROFERTIES COUNCIL ACTION NFEDED: CONSID�RAT10�f OF RECOMMENDATIONS PAGE 5 10C - 10D 8 100 - 10R 10D - 10E s 10S-10T 10E - 10G &10U-�0Z UNCIL•NIEETING. �ULY j�FW BUSINESS (CONTINUED) iPLANNING COMMISSION MINUTES CONTINUEDi E. CONSIDERATtON OF RECODIFICATION OF CHAPTER 214 OF THE FRIOLEY CITY CODE. SIGNS, TO REGULATE FREEDOMOF SPEECH SIGNS .......................... PI�NNINC GONLMISSION RECOMMENDATION: APPROVAL WITH CHANGES COUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION F. DISCUSSION OF CURBSIDE RECYCLING ANO S.O.R.T. PROGRAMS......................................... P14NNINC CONLMISSION REGOMMENDATION: APPROVAL OF ADVERTISING FOR BIDS FOR CURBSIDE RECYCLING AND AUTHORIZING REQUESTS FOR PROPOSALS FOR S.O.R.T. SITE COUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION 10G - 10H g 10AA - 10BB 10 I - 10J $ 10CC - 10KK v COUNCIL�MEETING. Ju�Y 21 1986 NFW BUSINES� (CoNTiNUEQ) (PLANNING COMMISSION MINUTES CONTINUED) G. RECEIVING THE MINUTES OF THE APPEALS COMMISSION MEETING OF JUNE 24. 1986 G=1. CONSIDERATION OF A VARIANCE REDUEST. VAR #86-13. GENERALLY LOCATED ON LOT 15. BLOCK 2. RIVERWOOD PARK. BY LEROY ANDERSON .............. APPEALS GONLMISSION RECONLMENDATION; APPROVAL WITH STIPULATIONS �OUNGIL AGTION NEEDED: CONSIDERATION OF RECOMMENDATION G-2. CONSIDERATION OF A VARIANCE REQUEST. VAR #86-14. GENERALLY LOCATED AT 1200 OSBORNE RoAON.E.. BY DAVID HARRIS ....................... APPEALS COMMISSION REGOMMENDATION: APPROVAL WITH STIPULATIONS COLINGIL AGTION NEEDED: CONSIDERATION OF RECOMMENDATION PAGE 7 10LL - 10RR 8 10TT - 10UU 10RR - 10SS $ 10VV - 10WW RECE 1 V I NG THE M��iUTES OF THE CAN ADV 1 SORY COMMISSION OF .1UNE 25. 1986 . . . . . . . . . . . . . . . . 11 - 11 C COUNCIL � TING. JULY ► . : 1 •► ► � CONSIDERATION OF RECEIVING BIDS AND AWARDING CONTRACT FOR WATER AND SANITARY SEWER PROJECT N0. 162 iW00DBRiDGE/LAKE POINTE DEVELOPMENT� . . . . . . . . 12 —.12 B CONSIDERATION OF RECEIVING BIDS AND AWARDING CONTRACT FOR DEMOLITION AND SITE GRADING PROJECT N0. 163 (WOODBRIDGE/LAKE POINTE DEVELOPMENT) . . . . . . . . 13 CONSIDERATION OF REGEIVING BIDS AND AWARDING CONTRACT FOR STREET 1MPROVEMENT PROJECT N0. ST 1986-3 .......................... 14-14A CONSIDERATlON G►F A�ES4LUi'�ON EN1�ERtN6 1NT0 AN AGREEMENT W I TH THE STATE OF M i 1�t�ESOTJ� FOR THE � i�SP�CT I ON OF HOTELS ANDMOTELS I N THE C! TX . . . . . n . . . . . . . . . . . . . 15 COUNCIL MEETING, Ju�Y 21 1986 1 • : 1 •► ► � PAGE 9 CONSiDERATION OF A RESOLUTION IN SUPPORT OF THE CITY OF MOUNDS VIEW CONCERNS REGARDING UNDERGROUND FUEL D 1 STR I BUT I ON L I NE . . . . . . . . . . . . . . . . . . . 16 0 CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR A REZONING REDUEST. ZOA #85-05, BY WOODBRIDGE PROPERT I ES . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17 N CONSIDERATION OF A RESOLUTION APPROVING A REVISED FINAL PLAT. P.S. �85-07. LAKE POINTE CORPORATE CENTER, BY WOODBRIDGE PROPERTIES . . . . . . . . . . . . . . 18 - 18 H � /�PPOINTMENT: CITY EMPLOYEES . . . . . . . . . . . . . . . . 19 CLAI MS . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 L 1 CENSES . . . .. . . . . . . . . . . . . . . . . . . . . . . 21 - 21 A EST I MATE S . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . : ,� . ► 4:� � M�1��- • 4s! �?r�Z � i� ��, • • �.i ; � _ �� J� _ • 1��_ %� �. - Zhe Regular Meeting of the Fridley C�.ty ��cil was called to order at 7:30 p. m. tr� Mayor Nee. �a�� • _. � ' �. Mayor Nee lec3 the ��cil and audienoe in the Pledge of Allegiance to the Flag. ;! _'��'� 1�ENBFRS PRESFNT: Mayor Nee, �tmcilman Goo3speed� ontaicilman Fitzpatrick, ��mcilman Schneider and Coimcilman Barr�ette NENBFRS ABSII�TT: None •;�. �i ��\�'�� II,I�1R.S PRIEDITIS - HQ7SING & RIDEVII�OFl�TT AU�i0R1TY: Mayor Nee stated there are a ntanber of citizens who contribute to the glanning and developnent prooess of the City b� serving on City oon¢nissions. He stated the Go�cil is not in a position to compensate then for their servives, however, Oertificates of Appre�ciation are awarded at the end of thei r terms. l�yor Nee stated he was honored to present a Gertificate o� Appreciation to Mr. Flmars Prieditis who has served on the Housing & Redevelopnerit Authority f ran Febr uary, 1976 to Apr il , 1986 . He sta ted Mr . Pr i edi ti s has made a sicp�ificant v�ritribution to the impravenent o� the City. N�yor Nee and the Gb�mcil menbers extended their thanks and appreciation to Mr. Prieditis. Mr. Prieditis stated he was honored to reoeive �is reoognition and enjoyed the experience and results of serving on the Housing & Redevelopment Author i ty. APPROVAL OF MIN[T�ES: OOUNCIL MEE,TING. JUNE 16. 1986: NDTIDN by Cb�cilman Bar�tte to approve the minutes as preserrted. Seo�rx�ed tr� Gb�cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion c,arried �animously. �� _ �� r�. �� • : . M�TION by Cae�cilman Fitzpatrick to apprave the minutes as presented. Seo�nded b� tbtmcilman Schneider. Up�n a voiae voter a� va�in� aye, Mayor Nee declared the motion carriec3 �animo�].y. -1- •��. _ �!��_ ��_ • � � : . ADOFrION OF AGEDIDA• ��cilman Schneider requested the follawing item be added: Receiving Petition No. 5-1986 for the 7nstallation of a Street Lic�t rn 75th Avenue. N1�TION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seaonded tr� ��cilman Schreider. Up�n a voioe vate, all voting • aye, Mayor Nee declared the motion carried unanimously. OPII�T FORUM. VISIZORS: �ere was � response fran the audienoe tnder this item o� busir�ess. PUBLIC HEARINGS: l. PUBLIC HFARING ON THE MATTER OF A FII�L PLAT. P. S. $86- 02 , CREEKRIDGE PLAT 2. IDCATID ON L� 1. BI� 1. HIDDEN WOODS • OUTIAT 1, GENA RAE ADDITION; PART OF Oi.TrI� A. DE[�R�1IS ADDITION• PART OF IATS 6 AI�ID 14. REVISID AUDITOR' S ��IVISION N0. 10. GIISERIIL�I,Y IACATID EAST OF CENTRAL AVENUE AND SOUTH OF �4�ii AVENUE. BY RICH� BRIC[QdER. Tf10M1�S BIA�ERG AI�ID THE CITY OF FRIDLEY: NDTD�I tr� On�cilman Schneider to waive �e reading of the public hearing notice and open the public hearing. Se�nded b� ��mcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publ ic hearing opened at 7: 40 p. m. Mr. Flora, Public Works Director, stated this plat deals with a portion of the Gena Rae Addition, the Blanberg Hidden Woods developnent, aryd Brickner's Creekridge developnent. O��cilman Schr�eider asked if the C�.ty is a petitioner and if so, haw this c�ane about. Mr. Flora stated Mr. Brickner made application for ttiis plat and Mr. Blanberg also sic,�ed it because he is an invalved g�rty. He stated the City beca¢ne invalved berause o� same City property in the plat, but the C�ty isn't t3�e petitioner. onimcilman Fitzpatrick stated on Page 1C of the agenda, he wuld only see where three parcels are listed and asked about Parcel 2140. Mr. Flora stated Paroel 2140 is part of a lot split the Co�cil apprwed at an earlier date. Mr. Flora stated Creekridge Plat 2 involves the Creekridge plat, a portion of the Gena Rae plat and tiie Hidden Woods glat. Mr. Flora stated a replat is proposed to make four buildahte lots across the Ci.ty-vwr�ed portion of tne Gena Ra� Farcei an�3 involves some � the Blcxnberg plat to provide a bezter alic�gune�t af #h� cu�r� in the street. Mr. Flora stated the original plan was for an ea�anent to be pravided across the C�ty property s�o ac�cess oould be pravided as a normal boulevard ir�o the parcels of land. Mr. F'lora stated at the public hearing before the Planning Com¢nission, testimoriy was heard f ram the neighborhood regarding the continuity of oonstruction along 66th Avenue and Creek Park Lane. He stated other -2- � �.�� y��l?� ��. �� 11 discussions invalved the aanamt o� property avried tr� th�e City for park and the �nterrtion was there was no need for this trianc�lar parcel because it is too enall to wnstruct any park facilities and would require children to cross the street to aooess this parvel. Mr. Flora stated the Planning Ca�nissim reoo�mended approval of this plat with three stipulations which he outlir�ed. Q�imcilman Schneider stated there were a number of issues raised at the Planning Commission meeting. He asked when the size of the park was discussed, if it included the aorner Farcel. Mr. Flora stated this goes back to the original CYeekridge plat. He stated there were a nunber o� proposals submitted for a�rk. He stated in the final analysis, the City agreed on a plan which provided for the oonstruction of CYeek Park Lane to prwide acoess fran CYeekridge and Hidden Woods plats and to use t�e majority o�f the Gena Rae parcel for a baseball field, ice skating rink, tennis oourt and tot lot. He stated during discussion of the Creekridge and Hidden Woods plats, it was decided to oonstruct Creek Park Lane prwiding for �e eventual subdivision and future aooess for the properties on the north with everything south being devoted for park purposes. oo�cilman Schneider questioned the size o� the �ark and requested staff to check and advise on the amount of acreage. He also questioned the bikeway/walkway to the park. Mr. Flora stated the City has obtained an easeme.nt for the bikeway/walkway with the origin3l Creekridge Plat and this easgnent would not be affected b� this glat. Mr. Flora stated the reo�innendation of the Planning Commission was for the C�ty to sell this triangular portion of City property to the developer, rather than praviding an easement. l�yor Nee questioned haa the final plat oould be oonsidered when the issue hasn't been resolved if there should be an easement or if property should be sold to the developer. Mr. Qureshi sta�ced the plat vould be apprwed and the Council can decide the direction they wish to proceed, either an easene,nt or sell the property. Mr. Herrick, City A�torr�ey, stated the City assessed paroels C arx] D for t�-ie street improvenents and for sewer and water ori CYeek Park Larie. He stated, therefo�e, the City is required to pravide acoess to the pc�operty for which they were assessed and this can be accomplished either by an easement or sale o� �e property. He stated whether the Council decides to sell the land or not is a policy decision. He stated whether the Council gives acoess to the street is a legal question and having assessed then for the wnstruction, the City is botmd to c�ve then aooess. Mr. Richard Podvin, 1391 Mississippi Street, stated if the City assessed -3- _•_��. � ,��!� ��. � ' �1 a _' Z� those lots, he questioned why it wulc'hz't be renoved as opposed to having to prwide acoess. Mr. F��dvin stated the pcoperty in the Gena Rae Additian is never referred to as park property. He questioned who decided the vorrer of the park wasn't of any value to the residerYts. Mr. Aerrick stated he thought the suggesti on came f rom the Pl anning Caranissioaz because when it was sutmitted to the Qamiission, as an easement was origi.mlly requested. Mr. Fbdvin stated the City staff inenber at the Planning Comanission meeting referred to this as a loan of the land and asked haw the City loans land. iie stated if the two lots were loaried and driveaays o�nstructed, there is no way the Ca.ty oould ever get then back. Mr. �bdvin stated this oorrer o� the �.ark in question was condemned on the strength of sworn testimony by Dr. Boudreau that the City needed this acreage for the park desperately. He stated the area is aver 8,000 feet ar�d you oould put a nunber c�E activities on that larci. Mr. i��dvin stated Mr. Brickner bought the property in 1982 knowing it was landlocked and questioned why the residents should lose gark property in order to solve the aaner's landlocked problem. He stated he wonders who aukhorized Ric�iard Brickner to include that wrner o� the �ark in his glat. Mr. Flora stated Mr. Briclaier dic�'t incl.ude it in his plat as the original request was f or an eas�nent. ��cilman Schneider asked Mr. Herrick if he represents Mr. Brickner. Mr. Herrick stated he has represented Mr. Brickner on a number of different proje�cts, but has not represented him on the o�iqir�l Creekridge Plat or on this prop�sed plat. Mr. Fbdvin stated the dr�aings� on I�ges 1H and lI of the Council' s agenda were the azes presented to the Planning Commission and the corner of the park was included. Mr. Robertson, Oatunimity Developnerit Director, stated these drawings are the same or�es which were used as exhibits at the Planning Corcmissioai meeting. Councilman Schneider asked if this plat was presented to the Planning Commission as having been petitioned for b� the (�ty. Mr. Robertsan stated he a�ulcfi't recall, but it shouid be in the minutes. Mr. F��dvin stated the City has been added to the legal notices as being petitioners in the plat. He aske� who Fut the Ci.ty's name rn the plat. Mr. Flora stated the petitioners were �iamas Blanberg and I�ichard Brickner and the Csty is included, if the decision to sell garcels G and H is ap�xwed, as rev�mmended b� the Planning Conmissi�. -4- � ��. � ��?ly} ��_ �1 ll� • : . O��cilman Schneider stated in the Planning Ca�mission minutes on Page 1B, it wntains the �ne aE the (�ty talder the public hearing iten. Mayor Nee stated he assunes the plan was to incorporate City land in the pl at. Cb�mcilman Sc�neider asked if someone vould define P. S. #84-01 which was approved on April 2, 1984. Mr. Flora stated this was approval of the Creekridge ptat. Mr. Herrick stated on F�ges 6 and 7 of the Gbincil minutes of April 2, 1984, there is discussion about assessnents, lot splits, deferring assessments �ntil lots are split and that is part of what the (b�cil is discussing this evening. Mr. ��dvin stated the point he is trying to make is they started out with the right o� the City to o�n3emn p�operty oaz a sworn state�►ent they needed three to five acres for �ark. He stated the size is then reduoed to prwide a holding pond to drain Mr. Briclmer's property. He stated the City is naw giving another aorr�er c� the Fark away to another Brickner. He stated sinoe the land was a�ridenryed on the basis of the need for a park and then to give it asaay, he dich't feel it was right. He felt someone a�uld vane up with a use for this o�rryer � the Fark. Mr. Fbdvin questioned why Mr. Briclaier bouc�t the property when he knew it was landlocked. He stated he makes the prediction that Mr. Brickner will end up with the park property. He stated it has been the history that whatever Mr. Brickner wants, he gets. Ms. Mazy Laather, 1472 66th Avenue N. &, thought it would be nioe for houses to be built facing the park. She stated, as it is now, the �rk is hidden fran view and subject to vandalisa. She stated she wasn't aware the land across the street �uld be added to the park, but woulc�'t warit her cfiildren r�ning k�ack and forth across the street. Ms. Ngry Laa�nic, 6644 Arthur Street N. E. , stated she has concerns with children in the park because it is rather desolate. She stated if there were houses facing the park, she would feel m�re oanfortable. Ms. Laconic stated she would rather have two houses than the additional park property. Mr. Herrick felt the Council had several alternatives to (1) grant an easement across that property for the two parcels, C and D, for which impravenent wsts were assessed; (2) declare the Fark property surplus and sell it to the developer; or (3) possibly revoke the assessnent if the landawner agrees to it. Mr. Herrick state� he is aiat sure ance the assessnerit i s made and the time for appeal has e�ired, if an assessaent can be revoked, as this situation is not addressed in the State statute. Mr. F�dvin stated he felt a deal was made with Mr. Brickner far him to aonstruct the hikeway/walkway and the City, in turn, wou3d give huu a ao�rner -5- . �i��. - ��--'-� �� l�� ' : . o�f t3�e Fark. Mr. Fbdvin stated he had been assured by Mayor Nee that while he was Mayor that �rr�er wouldn't be sold oft. Ngyor Nee stated he has difficulty believing he made that statement. He stated on the faae o� it, without any referenoe to the persons involved, it � makes sane sense to sell ti�at wrner c� �e park. He asked Mr. I�dvin if he felt it would be a good use o� the lan�d to have hames o�nstructed on the two 1 ots. Mr. Fbdvin stated the land was o�nd�nried on a statenent tnat ttie C�ty ryeeded the Fark property desperately, but the City is giving it away in pieces; first, far a holding pond and now to open up landlocked property. He felt when you go before a judge and aaear you need it for a park and then do the exact opp�site, this isn't right. Councilman Schneider stated given the situation where it is today, it appears the sensible thing to cb is to allaa �e development. He stated he wishes to go beyond this presentatial and questions the motivation of the intensity in which this is presented and the oonfusion. He stated it oertainly appears there is a v�nflict c� ir�erest. He stated he cannot get straight answers fran the staff regarding the size of the park and the holding pond. He stated the situation is what it is and it doesn't mdke much sense to have more Fark there. He stated he doesn't understand tne plat and who are the petitioners. I�zyor Nee asked Dr. B�udreau if �is paroel c� property weuld be useable for Fark purposes. Dr. Boudreau stated when you have a street tnat divides a park, it creates a hazard and mairrtenance prohten, and he would rewnmend tt�at tnis parcel not be used for park purposes because it is too sma11. He stated it is an t.r►wise expenditure o� f�ds trying to mairYtain these snall paroels and could see no practical tLSe to serve that area. Dr. Boudreau stated he wished to oomner►t regarding Mr. Fbdvin's statesnent. Dr. Boudreau stated the National Parks and Recreation Association has esta4lished criteria and re�mends there be three to five acres of park land based on the p�pulatioa� and believes this was his statenent made under �th at the time o� the wnde�nr�ation prooeeclings. O�u�cilman Goodspeed stated they have at least one park in tne City divided in half by a street. He stated the importarit question is if ttie O�tuicil can revoke the assessment. Caunci2man Goodspeed f el t the deci si on, if ttiat oorr�er � land is useaY�l.e for Fark purposes, has to oaae fran the Parks and Recreation �anissian. �uncilman Fitzpatrick stated if the City needs a g�rk of ttiree to five acres, if paroels A, B, C ar�d D were added, it would j ust about meet the criteria in regard to the size. -6- 2. 3. �.��. tii?!?��!�. • ' l� �L'Z•Z� Gb�cilman Schneider asked if the developer was willing to purchase the property fram �e City. Mr. Richard Brickner stated he is willing to purchase it and pay the assessnents. N1�TION by Councilman Schneider to continue the public hearing with instructions to staff to: (1) obtain an opinion on the ramifications of forgiving the assessment; (2) submit the proper final plat with the appropriate itens shawn for an easement or for the sale of the park property; (3) sutmit plats which have been approved in this area such as P.S. #84-01 and others that may be pertinent; (4) contact the developer to deteunine if they are willing to purdzase Ixoperty frcm the C7ty and at what wst; and (5) determir�e the oost for the City to aoquire parvels A, B, C and D for park purposes. Seconded by Councilman Fitzp3trick. Upon a voice vote, all voting aye, Nhyor Nee declared the motirn carried unanimously. [��i��L._- •;� ,► ► ,• •; s •� • , � �,��,;• • �� . � _ � MJTIDN tr� ��cilman Goodspeed to waive the seo�nd reading of Ordinance No. 858 and acbpt it on the seo�nd reading anc3 orc3er publication. Secondec7 by �tuzcilman Schneider. Up�n a vaioe vote, all voting aye, I�yor Nee declared the motion carried unanimously. �� .. n �•�_ �� • . . .� ��.4s��l.4- • • . i �i.�l�� • ' � � � . . �i I�li� �� • •i,_ :_�� C y-M__i._: � � �• � ._ • � �_i��. •� I • � I�yor Nee stated Mr. Steve Billings has contacted him and expressed his views and would like the O��cil to wnsider him for ap�oinbnent as (�ainnan of the Planning Co�nissian. NDTIDN by do�cilman Fitz�atrick to nominate Steve Billings for CY�ai nnan of the Planning Conunissian. Seoonded b� Co�cilman Schneider. �ere being no further ncminations, the fallaaing action was taken: MOTION by Councilman Barnette to cast an unanimous ballot for the appointment of Steve Billings as Chairman of the Planning Commission. Seoonded tr� O��cilman Goodspeed. Up�n a vaive vote, all voting aye, Mayor Nee declared the motion carried unanimously. . •_�� _ ' i� : a.«� • •� i • � doimcilman Barnett� stated Steve Nelson has accepted a position as hockey �ach in �ugeriar, Wisoons.in and has resigied f ran �e R3rks and Recr eati on O�nissian. -7- �a�� . � � � � • � NDTD�N b� ��mcilman Barnette to ncminate John Gargaro, 6615 Fridley Street, to the Parks and Recreation Commission to fill Steve Nelson's vacancy. Seo�nded b� O��cilman Fitzpatrick. �ere being no further nanir�atians, the fallaaing action was taken: MOTION by Councilman Schneider to cast an unanimous ballot for the appointment of John Gargaro to the Parks and Recreation Commission. Seoonded tr� Gbuncilman Goocl�peed. Upon a vaioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��!?��_� s i� •• i � �� • :uia�� ,uiu • �. NIDTION by Councilman Barnette to table the appointments to these ao�unissions. Seo�rx3ed by Councilman Schneider. Upon a voice vote, all voting aye, Ngyor Nee declared the motion carried unanimously. �� -i�� • 1� 71• • • • • � � • � � ' � ��. � � •�'� �_�i • � • ' 1•• �I� '�, �� Mr. Rick Prib�l, Finanoe Director, stated a survEy was conducted of cities who had a motel/hotel tax. He stated there are a variety of ways they prooeed with the wllection of this tax. He stated one of the cities felt the adninistrative a�sts were actually their Fart of the v�ntributim taaard the bettennent c� their a�mn�ity. Mr. Prib�l stated sane cities retain 10$ of the tax collected for administrative �sts and, in talking to then about the C�ty's proposed 5$, some felt it was a little law based on the actual wording of the ordinanoe. Mr. Prib�l stated the wording of the first paragraph under Section 7 has been changed so it doesn't have the implication the director is totally responsik�le for the authenticity o�f the return. He statec3 �der Sectim 9B, the City Attorney may ir�stitute legal action to reoover any anoimts c�e plus i nter est, penal ti es, arx3 cast s and di sbur s�n ent s of arry act i on . He f el t, therefore, the 5$ ac�ainistrative wst would be appropriate for t3�e Ci.ty. Q»cilman Barnette asked if the City Attorney then acts as the policing pawer. Mr. Herrick, City Attorr�ey, stated he didn't feel this is much different than any other lioense in the C�ty. Councilman Schneiaer asked haw long this tax would be in effect. Mr. Herrick stated it woulci exist for as long as the Council wanted the ordir�r�ae. Mr. Lvwell Johnson¢ nirector of Sales for the new Ramada Hotel under c�onstruction in Brooklyn Center, stated he was present tQ answer any questions fran the Co�cil. � � 1�. � y��!� ��. • 1� L�� tmcilman Barnette asked Mr. Johnson if he had any feelings on haw to handle the situation where saneone dicY�'t want to g� alorig with his tax. Mr. Johnson stated participants have been envouraged to send letters inc�icating their support of the tax and he felt most motel/hotel aaners . support it. Cb�cilman Schneider stated they have rne operator in Fridley that didn't r�eoessarily go along with �is tax. Mr. Johnson stated he believed this situation has been rectified. �ta►cilman Schreider asked if there was any implication that the Council voulc�'t withdrad,i the tax or dzange the wnoept. Mr. Herrick stated there is none he is aware a�. NDTD�N by Co�mcilman Barnette to waive the first reading and apprave the ordimnoe upon first reading. Sev�nded by Qoimcilman Fitzpatrick. Upon a rall c,all vote, all voted aye, and Mayor Nee declared the motion carried unanimously. 5. RF'�'EIVING THE MINCTl'F�S OF THE PLANNII� OONA4ISSION MEE,TII� OF JUNE 18. 1986: A. �ISIDERATION OF A SPDCIAL USE PERMIT. SP �86-07. GF�VE'�RA��Y I,OCATID AT 785 - 531�'D AVENUE N. E. . BY UNITID SP�$�� Mr. Robertson, Qanmuiity Developnent Direc�or, stated this is a request for a special use permit to allow a warehose facility not associated with a principal use for United Stores, 785 - 53rd Avenue N. E. Mr. Rr�bertson stated the lot area is 104,600 square feet or approximately 2.4 acres. He stated there is an existing 16,000 square foot building and the proposed addition is 7,600 square feet. He stated the lot coverage is less than the 40$ allvwed by the City Code. Mr. Robertson stated the building would be used 80$ for wardzouse, 15$ for retail and 5$ for off ice. He stated the� e�aceed the parking requirenertts. Mr. Robertson stated the Planning Commission has recommended approval of this special use permit with three stipulations which he outliryed. Mr. Robertson stated, i.n oonj�ctior� with this special use permit, there is als� a request for a varianoe to reduce the side yard setback. O��cilman Goodspeed asked if there have been similar special use permits issued arx3 if staff is aware o� any problens. Mr. Flora stated similar requests have been appraved for some c� the R�schke and East River Road developments. He stated staff is not aware of any prohlens with �ese special use permits. Mr. Robertson stated sane c� these vonoerns were discussed at the Planning Camiissian meeting and there didn't seem to be a problen because of the availability c� spaoe and parking. -� � ��. � ,�ia+ ��_ ��- l� • : . I�DTIDN b� Coimcilman Goodspeed to grant special use permit, SP �86-07, with the follaving stipulations: (1) petitianer to pravide an approved lanc3scape plan and install by October 15, 1986; (2) petitioner to provide automatic sprinkling systan for lawn areas and install by October 15, 1986; and (3) petitioner to provide an apprwed storm draimge plan and ir�stall by October 15, 1986. Seo�nded b� Cbuu�cilman Sdzr�eider. [Jp�n a vaioe vote, all voti ng aye, Mayor Nee declared the motioai carried unanimously. .� �� a�- � • • • � ,�� -a � : . � ; : �,� �+ •�i�'J � a�• � • �� -� � �,�-:-� • �i �� i�n • . r• . �� n �� NDTD�N by Ooiuicilman Sdzneider to set the public hearing on this plat for July 21, 1986. Se�nded tr,� O�tmcilman Goodspeed. Upon a voice vote, all voting aye, l�yor Nee declared the matian carried unanimously. •��, n�+•• �� • • :s-� •• ;:. 1 71 �i•• �� • �1� �� • �� • �i �� • � z�u • r� . � • �� s� - NDTD�N tr� ��mcilman Schr�eic3er to set the public hearing on this rezoning request for July 21, 1986. Seoonded tr� O��cilman Barnette. Upon a voice vote, all voting aye, Nhyor Nee declared the matian carried unanimously. � ��_ u �;_• • � • • � + �-� • • ; :,�'�i� • � a,� � i a�. • • � • . i i� i �� • � �+• � • �� •� �;_ •� � ��• • ' • `�4� �� r• . •,�•- �•� �• «,- _� � NDTD�N tr� �imcilman Sdzneider to set request for July 21, 1986. Seconded voi ce vote, all voti ng ay e, May or unanimously. the public hearing on this rezoning by Councilman Fitz�trick. Upon a Nee declared the motion carried .•,_ 11 Y�� • � • _� �• �. � � • • � �j � Y�1 � . � � 1 • • 1�� Y• �, •,�� • • 1 ' � „ . YI Yl� � • � Y1� , � �� / � � �\ YI �,1��= 1 �� Yi_�iZ• � � � � � �� _.1.� NDTIDN tr� (bimcilman Schneider to set the public hearing on this rezoning request for July 21, 1986. �emrx7ed b� �tmcilman Barnette. Upon a voice vote, all voting aye, N�yor Nee declared the motion carried unanimously. ��.� . 1� .�1' • �'� • • • 8• i : . 1 • • .�1� • I _� 1 � 1 :1 � � • • � �' - � : � • J � ' ' ' �I� '� • I I '� �.� �i I�1• . � a1� • 1 _�1 �M.I�I _ •� ',I,� � • I �i• ' � � 1 • � 1� Mr. Robertson stated this is a request for a lot split for a snall piece of property adjaoent to Flannery �rk to be used a� a residential lot. Mr. Rpbertson stated Reaol�irn No. 8I-1984 b�r the Oa�ncil deitermined that -lo- ��. ��±?� ��, • . this was e�ocess property. I�DTIDTi b� (b�►cilman Schneider to v�ncur with the tnanimous recommendation of the Planning Co�mission and apprwe lot spl it, L. S. #86-05, for 1500 - 75th Avenue. Seoonded tr� O�Lmcilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. G. O�NSIDERATION OF APPROVAL OF ENVIRO�AL QUALITY OONQ+IIS�I� WORKPLAN FOR 1986: N1�TION by Councilman Barnette to receive the Environmental Quality Qxtunission's Workplan for 1986. Seo�nded tr� O��cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. H. �1VSIDERATION OF RECEIVING MOTION FROM HUMADi_ RE90URCF'�S QOP9MISSION MIN[)TFS OF JUNE 5, 1986 RDC'�Ai2DING 1986 (�BG HUMAN SERVICE FUI�IDII� • Ms. Sue Sher ek arLd Mr. Steve B ill ings were pzesent f rcm the Hunan Reso ur ce s (b�iission to answer any questioris fram the douncil. ��mcilman Fitzpatrick stated in revieaing materials reveived last week fran Mr. Hint, he had a question as to why St. William's Qzurch had their request reduoed. Mr. Billings stated there were several reasons. He stated part of the f�ding requested b� St. William`s was for food shelf stocking which is a request similar to SACA's. He stated they also requested staffing and the O�mmissian was tx►alale to determirie, fran the presentatial, that this was for someone strictly responsible for the food shelving. He stated it appeared th e f uzds wer e to be used f or someone al ready rn staf f and m er ely a way to alleviate some budget �:rohlens. Mr. Billings stated same a� the f�ding was for aoquisitian of refrigeratian equipnent for stocking of perishables for the food shelves. Mr. Bill ings stated only a f aa or ga ni z ati ons r eq ue st i ng f undi ng r eceiv ed 100$ of what they requested. He stated one of the things the Commission tried to do is to limit the amo�t o� fu�ds cRven to organizations strictly for staffing. He stated they try to use the CDBG funds as a seed for new projects and begin the staff and, hopefully, private funding can take aver to make it succeed. He stated he didn't believe they applied that phil os�phy to St. Will iam' s si tua ti on, as w hat th ey wer e aski ng f or was totally different. Councilman Fitzpatrick stated he evidently misunderstood the staffing question relative to St. Williaa's. He asked how this request differed in the applicatirn far f�ds fram (�P, as a�ntributians were made to staffing. Ms. Sherek, Chaira�an of the Humaa� Resources Commissian, stated if any funding reguested for staff by CAP is not approved, the position is abol ished. She stated thEy looked at the staf f ing i n terms of low income -11- � ��. � s��?�?��!�_ • ' l� residents that need to be readzed. She stated they try to limit salacy uses to seed money, haaever, in this case, there is no other s�uroe for funding. She stated if CAP's request was not approved, the position would be abolished and the C�ty w�ould lo�e its outreach worker. O��cilman Fitzpatrick stated these are really �tmty funds given to local � m�icipalities to re�turn to ��ty-wide organizatia�s. He stated it seems these funds o�uld be distributed at the County level. Councilman Fitz�atrick stated eic�t of the requests are for areas ��ty-wide or large areas outside o� Fridley. Ms. 5herek stated the applicatiais they reoeived are geared to what servives will be pravided to the citizens in Fridley. She stated the Commission looked at laver ir�oo�ae peogle who would be served by these requests, and requests were appraved for SACA, and the oounseling services who provide servioes to F'ridlc� residents. Coimcilman Fitzpatrick stated he didn't mean to be critical of the H�unan Resouroes Ca�anissian, but felt it has beoane a big job that oould be handled in sane other way. Ms. Sher ek stated i t i s her �nder standi ng th i s i s th e 1 ast C�G f unds f or this area. She stated there were requirene.nts that CIBG funds be given to the local mmicipalities for distribution. ��mcilman Fitzpatrick stated he believed thc� oould be distributed on the Cbtuity level. Ms. Sher ek f el t a por ti on of the f unds had to go di rectly to th e m�icipalities for distributian. I�Ls. Lucy Miclanan stated the O�imty cbes not have ariy clinical health care servives s� it is up to the oo�seling servioes to provide this service. do�cilman Fitzpatrick stated he is not questiazing the worthir�ess, just the prooess for distributing these fta�ds as it has beoo�►e a very big task. I�DTD�N b� Co�cilman Gooclspeed to ooncur with the follaai.ng reoo�mnendation of the Hunan Resouroes �nission for 1986 Hunan Servioe CIBG �u�►ding: Anoka (b�ty Co�nm�mity Action Program Fridl�r Senior denter Nortl� SubEZrban Co�cil for t3�e Arts A1 exandra ��e St. Williams (hurdz S. A. C. A. North Suburban onnsunex Advocates f or the Har�capp�d North Subiurb�an Family Ebr�s+e]ii� Cenker Qentral Gerrter for F�¢nily R,esouroes Family Lif e Mental Heal th Center 7.bta1 -12- $ 6,840 3,000 * 2,000 3,000 ** 2,000 5,000 1,000 2,874 3,000 2,874 - $31,588 ��.J�. �,�i�+ �,, �- 1 i * to be used for senior procga�¢aing ** to be used for freezers and food, not wages Seoon�3ed b� ��cilman Schreider. Up�n a vaioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. �±��' �! ; • • �-- !•1,�� •.� � ��. • 11�� : . ��,� i� �• • • � _ � �w ; a• � . s� •�� « i �� :�«� y� :� � � • i �� ,.�4• •, • .�.�� •,�� ' � � �,� y� �� ' �� . i �. i ��, , Mr. i�obertson, �an�i.ty Developnent Director, stated earlier this evening the �tmcil appraved a spe�ial use permit for this business. He stated a varianoe request is now before the O�uncil to reduce the side yard setback fran the required 80 feet to 10 feet to allow construction of additional ward�ouse s�oe. Mr. Robertson stated the hardship cited by the petitioner is a steep embankment at the east end of the property which makes it extremely expensive to build on that area. Mr. Rnbertson stated the Appeals Commission recommended approval of the varianoe with the stipulation the petitirner work with the Ci.ty ori exterior wall finishes and landscap2ng. rDTIDN by ��cilman Goodspeed to wncur with the tnanimous recommendation of the Appeals �ission and grant the varianoe, VAR �86-12, to reduce the side yard setback f ran 80 to 10 feet at 785 - 53 rd Avenue, with the stipulation the petitiazer work with the Ci.ty on the use of exterior wall finishes and landscaping. Seoor�ed tr� Gbuncilman Fitzpatrick. Upon a voioe vote, all voting aye, l�yor Nee declared the motiai carried unanimously. I�TION by Councilman Schneider to receive the minutes of the Planning Co�unission meeting of J�a�►e 18, 1986. Seoonded by Councilman Fitzpatrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. �,� •' �.� • : . • •�� • i• �,• �+ i� . . .,� • � • , _ �. � • � �. • � �•� � ia� • • : �� • • .� • • � _ • : . �� a ,� . Mr. Flora, Public Works Director, stated this resolution orders the imprwenent o� the 1.5 NG reservoir located at 53rd anci Johnson Street. He stated the repair work would oonsist o� renaving the existing poly liner, repairing the ooncrete walls and roQf, insulating the roo�, and irsstallatioaz of a new roof surface. Mr. Flora stated the estimated cost is about $70,000. I�DTmN l�i (buncil..man Go4dspeed to acbpt Resol uti � No. 51-1986 . Se�rided tr� -13- �,1�. � ��+� !�. • i • : . Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RF�LilTION I�. 52-1986 ORDERING IMPRWEN�,Nr. APPRpVAL OF PIANS. ArID O�ERII� ADVFRrISII�I�Tr FOR BIDS; LAI�IDSCAPING. IRRIGATION AI�ID STREET LIGHTING PROJECT , �168, init70�DBRIDGE DEVEIUPMII�: NDTIDN b� �imcilman Barnette to adopt Resolution No. 52-1986. Seconded by Onta�cilman Gooclspeed. Mr. Qureshi, CS.ty Manager, stated he tnderstarxis the lighting is not �srt o� the City's impravenent, but Woodbridge will be responsible for the o�sts. Mr. F"lora, R�blic Works Director, stated the lighting is included in the project as they warit to put in the o�nduit before streets are constructed, but it is not part of the HRA impravenent agreenent. UFON A VOICE VOTE TAI�3J QJ �iE PBQJE rDTIDN, all voted aye, and Mayor Nee declared the motian carried �animously. 8. �SIDF.RATION OF REVIEWING A SPECIAL USE PERMIT, SP �83-03, FOR APACHE CA[�iPII�G CEt�TrER• Mr. Robertson, Community Development Director, stated this special use permit goes back to July 25, 1977. He stated one of the stipulations was for AFache to have no more than two trailers in the front of their shaaroan. He stated in 1983 Apadle applied for SP #83-03 to expand on SP �77-04, but the request was denied. Mr. R,�bertson stated since the beginning of this year, there have been oonversations, le�tters, and personal visits with the aaner, Mr. Pawelski, regarding violations of the special use permit. He stated in the last vonversation with Mr. F�welski, he was c�ven to July 4, 1986 to bring the property irrto �nplianoe. Mr. Robertson stated he has spoken to Carl Newquist, City Prosecutor, regarding a citation for the v�icles in front � the shawroom. He stated Mr. Naaquist felt this wuld be d�ne, haaever, suggested the City not cite Mr. i�welski for lack of the landscaping work sirx� nine years have passed since the special use permit was cgarited. Mr. Rc�bertson stated staff has visited the site and the vehicles have not been renaved and the citation will be mailed tomorraw, Tuesday July 8, to Mr. F�welski. Gbtncilman Barnette questioned the fine for this violation. Mr. Herrick, C:ity Attorryey, stated it would prola�b�ly be around $500 or 90 days in jail o� b�th. Ms. I�ry Martin, 133 Stonybrook Way, asked if �e special use permit could be repealed. She felt a citation and a$SOU fine was pretty cheap for breaking the laa €o� r�ir�e yeass. She stated at the pukalic hearing when the -14- ��. ! ,rl��!�. �� l��_ special use permit was c�arYted, the petitioner had pramised all these things and that was the mly basis on whidl it was cgarited. She stated nothing has been d�r�e and felt the special use permit should be repealed. Mr. Herrick, (�ty Manager, stated in order to repeal �e special use permit, • the awner must reveive �tioe a�E a hearing before the Ootmcil. He stated he felt a 30 day r�tioe should be given before the hearing and the reasons why the Gb�cil is proposing to revoke the special use permit. NDTI17�1 by Q»cilman Fitzpatrick to authorize the City administration to pr epare a vomgl ai nt or pr oceedi ng f or th e r ev oca ti on of th e spe ci al use pernnit for Apache C�mping Center. Seo�nded b� Gb�cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Martin stated because of the legal requirements for notifying neighboring residents of this hearing, only about six peopl e receive notioes. She felt the notioe should go beyond this requireaent and include residerits on Stonybrook, (Yaic�rook Way and Craigway. I�yor Nee felt perhags Cotaicilman Fitzpatrick may want to review this and instruct staff on who was to be notified. 9. RF�I�lrION I�. 53-1986 TO APP'ROVE A REGISTERED LAND SURVEY FOR SHOREWOOD II�IlV: Mr. Flora, Riblic Works Direc�or, stated in March, 1985 the Co�cil a�proved two lot splits on the Saliteunan property to be sold to the Shorewood Inn. He stated these lot splits went to the County for recording; haaever, because the descriptions were so involved, a registered land survey was requi red. Mr. Qureshi, (�ty Manager, asked if there would be ar�y problea, without going throuc� another hearing, to reaord the registered land survey instead of the lot spl its. Mr. Herrick, C�ty Attorney, stated he wuld see no prdalen with it and felt if the G1o�mcil had another similar situation, they probably would do the same thing. HDTD�IV by Co�cilman Schneic3er to adopt Resolution No. 53-1986. Seoonded tr� Councilman Fitzp�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RF�LiTrION N0. 54-1986 II�ERING INPO A OOOPERATIVE A�REII� W.['i'H MINNESO�A DEPA.RTMENT OF TRANSPORTATION FOR THE IMPROVEMENT OF UNIVERSITY AVENUE BETWEII�] 81ST AVEi�IUE At�ID 8312D AVENUE: Mr. Flora, Puhlic Works Director, sta�ed a cooperative agreement was received with tl�e State Departzuent of Transportation to oonstruct the University West Servioe Drive between 81st and 83rd Avenues. Ae stated the State would pay the majority of the oost and the City would contribute -15- ��. ��i�J 1�, /," jll ' : • approximately $13,900. NDTIt�] by On�cilman Gooc�speed to adopt Resolukion No. 54-1986. Seoonded b� ��cilman Schr�eider. Up�n a voioe vote, all voting aye, I�yor Nee declared the motion aarried �animously. 11. RESOLUTION N0. 55-1986 APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM GENERAL TELEVISION OF MINNESOTA, INC. TO NORTEL CABLE AS.SOCIATES• Mr. F'lora, Riblic Works Director, stated based on the public hearings, a resolution has been prepared approving the cable franchise transfer as well as an acoeptanoe d�c�anent and a guarantee �wided tr� Amzak Corporation to be appraved. NDTION by ��cilman Schneider bo adopt Resolution No. 55-1986 and apprvve the cbcunents for acoeptanoe o�f the franchise ar� the guarantee �xovided by P�nzak Corpqration. Seoonded tr� O��cilman Fitzpatrick. Upon a roll ca11 vate, all voted aye, and Mayor Nee declared the mo�tion carried �animou�ly. I�yor Nee stated he felt staff did an �nusally good job in the preparation of �e d�c�aents. • • �� . ':. � ; , •• • 1• r� � � � , ' «� �� ' �� NDTIDN tr� Q�t�cilman Barryette t�o acbpt Resolutian No. 56-1986. Seconded by Q»cilman Goodspeed. Up�n a vaioe vote, all voting aye, N�yor Nee declared the motian carried tuianimously. •� � u �1;� �� • M-* 0 �_ • �.: J4�i; 1 • ;_ 1� • � I� �1l� ��'-� �, �� ' _� � �, �� Mr. Rpbertson, O�nmtnity Develognent Director, stated a recent application f� a special use permit for a day care aeriter in an R-1 zane has prampted a review c� t�e City's day care restrictions. He stated several changes are proposed to the Zoning Code as it pertair�s to both hane day care facilities (hcme occupatians) and day care oeriters outside the hane. Mr. Robertson stated what is proposed is a new definition of day care centers ulder Section 205.03.18; redefining hane occupations �der Section 205.03.32.F; to allaa day care oenters in R-1, R-2, I�3 and R-4 zones witti a special �se permit provided they are to be locaLed in churches, private schools or in other structures on an arterial or collector street; and to allaa day care oeriters in C-1 and Q�1 zones with a special use permit anly. Nhyor Nee asked if pubii� haarings had been held. Mr. Robertson stated he believed the� were held befa�e t-1ne Planning �cxnnission, but would checx on it further. �yar Ne� rer�uested wpies of trie minutes of ttie hearinq. NDT�I by tb�cilman Schr�ider t� direct staff to circulate the proposed ordimnoe c3�ange anong day care oenter p�oviders. Seconded by Councilman -16- C � J�. 1 �r��!�_ ��. • • 1 • : . Barnettte. Upon a voioe vote, all voting aye, Nhyor Nee declared the matiaz carried unanimously. � • �� t��_ �sr!�!1 � . NDTD�I tr� ��cilman Barnette to wncur with the follvwing appointment by the CYty Manager: 1�I� Sara Lee Ruth 27 54 Loui si ar�a Ct. St. Loui s Aa rk, M�T 55426 I�SaIDN Fi r�anoe ra Assi starYt (ExenPt ) STARTIlVG SALARY $19,000 per year SPARTING IaATE July 1, 1986 Se�nded by do�cilman Sc�neider. Upon a voice vote, all voting aye, Mayor Nee declared the motirn carried unanimously. 15. LICII�ISFS• NDTIDN by ��cilman Fitzpatrick to apprave the licenses as sutrnitted and as on file in the Lioense C1erk's Offioe. Seaonded by Councilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. C�AIMS: M�TION by Councilman Barnette to authorize gayment of Claims No. 8925 through 9294. Seoonded b� ��cilman Fitzpatrick. Up�n a voice vote, all voting aye, I�yor Nee declared the mation carried unanimously. 17. ESTIMATF.S• NDT�T by ��cilman Fitzpatrick to apprave the estimates as sutrnitted: Herrick & Newman, P.A. 6279 University Ave. N. E. FridlEy, NN 55432 For Servioes Rendered as City Prosecutor Ebr �e Nbnth of J�me . . . . . . . . . . . . . . . . $ 2,751.50 H & S Asphalt 700 Uxiustry Anoka, NN 55303 For Street 7mpravenerit Praject St. 1986 - 1& 2 �irtial Estimate No. 3 . . . . . . . . . . . . . . . . $169,045.85 Se�nc]ed by Gi��ci�man Sdr�eider. Upon a voioe vote, all voting aye, Mayor Nee declarec] the motion carried unanimously. -17- �. 1�. � ,e!�� !�. �� 1� _ -� : . 18. R�C E�nl�a PETITIQN 5-1986 REX'a�Il�]C INSTAL�I,ATION OF A STREET LIGHT �J 75TH AVENUE: NDTD�1 by ��cilman Schneider to receive Petition 5-1986. Seconded by ��cilman Barnette. Up�n a vaice vote, all voting aye, Ngyor Nee declared the motion carried unanimously. NDTD�1 tr� O�imcilman Sc3�neider to direct staff to work with the neiqhborhood and Northern States Fbwer for the installation of a street light on 75th Avenue. Seoonded b� Co�cilman Barnette. Upon a voice vote, all voting aye, I�hyor Nee declared the motia► carried unanimously. �� .��u��i►i M�TION by Councilman Barnette to adjourn the meeting. Seconded by Q�Lmcilman Sc�r�eider. Up�n a vaioe vote, all voting aye, N�yor Nee declared the maki on c�rried unanimously and the Regul ar 1�3eeting of th e Fr i dl ey Ci ty Q��cil � July 7, 1986 adj ourned at 10:15 p. m Respectfully sutrnitted, Carole M. Haddad, William J. Nee, Secretary to the City Co�cil Mayor Apprwed: -18� �. �� . � Sp��, �� pFr � �� Crr'Y (�ODNCIL OF JULY 14. 1986 �ie Special Meeting of the Fridley C7ty Onuzcil was called to order at 7:35 p. m. tr� May or Nee. L• : N�nbers Preserit: Mayor Nee, �uicilman Goodspeed, �Lmcilman Fitzpatrick, ��ncilman Schneider and Co�cilman Barnette Me�nber s Absent : Norie _ � � • ��, • .'F� I �s 1rDTI0N tr� O��cilman Barr�ette to adopt the agenda as subnitted. Seoonded t� Q��cilman Schr�eider. Upon a vaioe vote, all voting aye, I�hyor Nee declared the motian carried tasanimously. ti�00DBRII�CF✓LARE POINrE DEVEIDPMEi�T�' I�yor Nee requested an explanation on the anended agreenent with Woodbridge Properties as apprwed tr� the Housing & Redevelopnent Authority on July 10, 1986. , Mr. Qureshi, C�ty Manager, stated at a meeting held on July 8, 1986, the Qiaiunan af the HRA, Mr. Qxnners, was present and the �oposal presented to the HRA on July 10, 1986 was the result o� the Tuesday meetin9 where it was decided an adj ustment was needed. Mr. Qureshi stated at the July 8 meeting, he pointed out he was not oomfortable with giving the developer the ir�erest requested. He stated in further discussions with �e developer's legal representative and developer, he oorYVinced then, inless they gave up this interest, there would be no developnent. I�yor Nee asked if something had been d�r�e where they would be vulr�erable to losing their �mract tnder material frustration. . Mr. Qureshi stated Mr. N�aman had advised they were in material frustration beca�e �e Fbllution �ritrol Agency pennit was not issued on or before May 1, and they had 90 days to negotiate the f rustration. l�yor Nee asked as a result o� the materi.al. frustration, if it was possible to get out o� the agresnent. Mr. Qureshi stated if aTl goverrme�al permits weren't entered irito by May - 1, there was a 94 day pericxl of material frustration to negotiate, which they had d�ne, anc� c:�ne u� with a modif ied ooritract. Mayor Nee asked if t3�is clause relating to material frustration can come up onoe a year. -1- ' ? _ Z !��. ! �� 4. •, 11 Z�� Mr. Qureshi stated this clause was provided in the original contract, haaever, the a¢nendment to the o�ritract eliminates it. Mr. Qureshi stated in the anended agreene.nt, the HRA received a oommitted level af performanoe c� oonstruction and the HRA's help is predicated on a oertain level o� o�nstruction in terms of s�uare footage. Mayor Nee asked in the original agreener►t if the HRA's help was k�sed on the value of t�e �nstructian. Mr. Qureshi stated what was �ntair�d in the origira7. agreenent was if there was enouc� increnent to pay for the General Obligation Bond and Limited Revenue Note, then the developer �uld reoeive the payment. He stated if there was not enouc� increnent, the developer would lose all or part of the revenue rx�te �eyment. l�yor Nee stated quality isn't objectively defined. He stated the only way the City was assured of getting the highest quality was qiving developer the risk inoentive whic� has now been elimir�ated. Mr. Qureshi stated the developer has to build to the quality as presented in drawings and the site plan included in the original agreenertt. Mayor Nee stated he believed Mr. Meyer � the HRA asked haa the quality was measured. He stated he felt comfortable about it before because of the formula which gave the developer an incentive, but felt this is being renwed. He stated the City has a stake in the contract and entered into oertain risks and investment positions based on this vontract, which has naw been amended. He stated he wondered if the City has ariy position for c3ef endi ng th ei r i nv estme.nt. Mr. Qureshi stated if any construction is cbne on the property, the first iten that is protected is the General Obligation Bonds. He stated that position has not changed and, before anyone receives any payment, the General O�il.igation Bonds will be retired. Ngyor Nee asked haa that is guarariteed. Mr. Qureshi stated it is c�uarariteed tr� the level o� development tnder the writract. He stated it is a prwision of the bonding the City has done for this develognent. He stated the General Obligation Bond has to be paid first. A�yor Nee asked in what writract this is prwic3ed. Mr. Qureshi stated it is in the bond notes. Mayor Nee questioned if it was not controlled by the agreement. Mr. Herrick, L7ty Attorney, stated there is a general principle that the bond is issued sub�ect to an agreement that cannot be changed without the o�ncurrenoe �' anyor�e that purchased the bonds. i�yor Nee stated tl�e agreenent was j ust amended. Mr. I�e�rick stated the question ao�mes dawn to a change in the priority o�€ payment and Mr. Qureshi stated this has not changed. -2- ��y = ��- �� )�±� !�. �1' 1! • : . Mr. Wei r, o� Woodbridge Properties, stated there has been a modif ication to the develoFme.nt agreener►t and those modifications, to his �derstanding, have r�ot modi f i ed th e bond i ndent ur e f or th e Ci ty' s Gene r al Obl iga ti on Bonds. He stated the Bank of Australia awrLS the bonds and they a�uldn't be c�anged without their aonse�. He stated the modificatiaZS prop�sed to the developne.nt agreement do not affect the bonds or the security of those borxls. Mr. Herrick stated if a third party aans the bonds, the daligatian cannot be c�anged without thei r wnsent. I�yor Nee stated the agreement has been amended, without the Council's consent, and it leaves him feeling uneasy. He stated the Council was expressly o�ncrete on the length a� the Fay-a�f c� the bonds. Mayor Nee asked Mr. Weir if he could give an assessment on how the develognent would benefit the City. Mr. Weir stated there was an agreement last December whereby everyone involved �ritenplated oertain things would be done on this site. He stated there had been limited discussion on sane o� the problans associated with the soil oonditions on the property. Mr. Weir stated he believed, at that time, they could proceed with a develognent program not restricted by goverrment regulations. He stated, through the environmental assessment worksheet and the indirect s�urve permit, the State made a declaration that the Gity had a traffic proalen, addressed in the past and, even though there was a general framesaork to solve this protalen, it wouldn' t be adequate f or the proposed level c� developnent. Mr. Weir stated it was the State's o�ritentian, if you have oertain levels of traffic, the air quality would be reduced to such a level that it poses an errvirormental i�reat. He stated the State stated that development of this property couldn't proceed at the speed they expected until all the intersection impravenents are oompleted. Mr. Weir stated this glaved a very definite restriction to retard their development which was a major change m one had oontenplated. Mr. Weir stated the agreener�t provided if collectively they end up being frustrated, then they had to re-evaluate the situation. He stated it came down to the question if this is really the type of development the City wants for this property, and if th� were willing to support some changes to imglenent it. He stated the question they had to ask if they were willing to i.ndertake these risks and if their investor was willing to writinue with a Limited Revenue Note where there is substaritial likelihood that they would not receive all of the payments because of the restricted and delayed devel ognerit. Mr. Weir stated all these factors were discussed which led to the agreement _ presented to the HRA az T'hurac3ay evening, He stated they have incurred a variety o� ac3ditional aosts and the HRA �as aaaep�ed these wsts to try and continue to go for�rard with the praject. Mr. Wei r stated it is his ta�c3erstar�ciing, �'rie HRA is supportive c� modifying the agreenent because, in -3- �' ? _ _ !��. ! �!�!_� !�. �� 1� ��Ii� e�ffect, it was at the point c� operation of material frustration and after �Lmtless hours of discussion, felt it was an appropriate accommodation. Mr. Wei r stated he hoped the Cbimcil would aooept it and was exci ted about the project. He stated it was his opinion that, subject to this approval, the Gb�mcil is in Fartr�ership with the HRA, and with the �tmcil's blessing they oould resune. Mr. Weir stated this project, when oompleted, will be the single largest real estate developnent in the (�ty. He stated it will have the biggest oonceritration of enplo�ees and a payroll of $50,000,000, generating some $250,000,000 o�f ec�nanic benefits throughout this general area. Mayor Nee asked if the contract was any good as they are given the impression the developer is not going to honor it. Mr. Weir stated this certainly wasn't intended. He stated there was a section in the contract that provided for negotiations under material frustration. He stated $5.6 million has been advanoed and they are prepared to advanoe another $1 mil.lion so the project has their t,ndivided attention. I�yor Nee stated the City isn't reoeiving the increnent, the developer will be receiving it. Mr. Weir stated they receive it only if there are sufficierit taxes. He stated if they c3evelop avc.ording to the schedule, they will get paid the return above the General Otal igation Bonds. I�yor Nee stated the risk on whether or �t the Revenue Bond is guaranteed b� the increnerit is stated in terms of s7uare footage and not in terms of assessed value or quality. Gb�cilman Barnette asked what guarantee the CitX has that the developer will oonstruct a quality developne.nt and perform to those standarcls. Mr. Weir stated under Section 4.2 of the construction glans, there is referenoe to quality. He stated the City also has ooritrol tr� zoning and the site plan. Mr. Weir stated under this section, quality shall be determined to include selection of materials to create a distinct architectural and aesthetically pleasing environment. He pointed out some of these items include the brick, glass, paths, �.ndergrotmd parking, landscaping, etc. Mr. Weir stated he felt the most importarYt thing is not stated and that is if the O�uncil is wmfortat�le with the developnent. He stated it is not his irrtention to frustrate or disappoirit the O�tmcil. Mr. Qure.shi stated the General Ohligatian Bond has the first claim on the increnent. O�tmcilman Schneider asked whose rnme is on the bond. Mr. Qureshi stated it �s a(�ty bond, but the HRA has pledged the increnent to the City to �ay it. He stated there is a$3.95 millian bond amo�mt especially for the Woodbridge . �oj ect. Gb�mcilman Schneider asked if the Wooabridge proj ect dicln't proceed, if incremer�t fran other districts oould be used to pay off the bond. Mr. -4- �• a , _ !� ��. _ tii�� _ �=� 1��-- Qureshi stated he v�ulc�'t answer that question as it depends on haw the . docunent is wLitten. He thought what would happen is the bond would be redeened. Mr. Qureshi stated the $3.95 million General Otaligation Bond is gaid first � and the Liinited Revenue Note for $5.6 million is like a seoond mortgage. He stated this oan't be chanqed unless the HRA and the �te holder agree to it. O�uzcilman Schneic3er asked whose rnme is on the Revenue Note. Mr. Qureshi stated it is the HRA. N�yor Nee stated this is the rx�te on which the City has insured payment. Mr. Qureshi stated nothing has changed with this $5.6 million Limited R�venue Note. Mr. Qureshi stated another d�cunent is the development agresnerit between the HRA, rbt the CYty, and the developer which has been modif ied. Mr. Qureshi stated the adj ustme.nt mac3e b� the HRA i s if th e dev el opm ent has gai d th e Gerieral Obligatirn Band and the Limited Revenue Note and developed at a oertain level and quality and, if there are f�ds available, to pay arYy of payments lost af the revenue mte, then the developer reoeives payment. I�yor Nee stated it is his uiderstanding that �nder any circumstances, the developer is paid. Mr. Qureshi stated if the Gereral Ob�ligatirn Bond and Limited Revenue Note is paid, and the developnerit is at the level agreed upon, then ancl an1Y then is the developer Faid his last Fayment as part of the revenue mte. l�yor Nee stated it amamts to guarariteeing payment to the developer based on the a�uare footage o� the developmerit. O��mcilman Schr�eider stated in the arigiml agreenent, there was a payment every year generated tr� the increnertt. He stated it was his �derstanding if the increnent were not availahle, it would not be Fai.d. Mr. Qureshi stated that is true, but the Limited Revenue Note hasn't changed, but the development agreenent has been modified. He stated if Mr. Weir develops to the level and quality agreed upon, and if there is increnerit left, after t3�e General G�hligatiai Bond and Limited Revenue Note are paid, he would reoeive the last paymPnt which were rbt paid part of the rev�ue note. Q�isicilman Schr�eider stated he asked the questio�ri at the HRA meeting, if the �eveloper meets the square footage requirenents and the increnent is not there, does it mean it is c�aranteed. He stated the answer he received was it was guaranteed whether t�e ir�renent is there or rnt. Mr. Herrick asked where the HRA would get the finc�s far Fayma�t. Mayor Nee stated they oould take it fran another incr�nent district. Mr. Weir stated they are r�ot aware of restrictions of the HRA funds, but -5- F�� __�i�3i�.��. �_ ,e�� i�. �1_ l�i • : . were led to believe they would be ahle to make Fayment to the developer. On�cilman Barnette stated he felt there was no questirn the value, after 25 years, would be there. ' Mr. Weir stated staff did same projections that taxes will be much higher �an what was proj ec;ted. He felt, havever, a realistic visa had to be taken of the tax structure as taxes are a major �ncern to tenants of buildings throughout Miru�esota. O��cilman Schr�eider stated it is his inderstanding if they use the average tax increase aver the last five years, at the end of 17 years, about $10,000,000 will be generated in increment. He stated if the project develops ac�oording to the assunptions, it looks like a fai rly saf e proj ect. Nhyor Nee asked if the material frustratian clause would be elimir�ted. Mr. Weir stated that is their �oposal onoe all the oonditirns are resolved and they reoeive title to the land. He stated this is part of the amended agreanent with i�e HRA. Mr. Weir stated they have a major investment and there are certain things they would like to have done differently. He stated there was a fairly large modificatio�n regarding the interest deferral, but they just can't look back and have to move forward. He stated Nasim is the Fimncial Wizard and the City has the Dean of M�icipal Firianoe at their side. I�hyor Nee felt they gave an extra $3,000,000 and this will prwe to be true. mu�cilman Schneider asked Mr. Weir if he sees any prokalens with �e i�nsion Board. Mr. Weir stated there are none he is aware af. Mr. Herrick stated if the Council decides to award the bids for this proj ect, he woul d suggest i t be subj ect to the three c�ondi ti �s outl i rie d i n Mr. Nc-�nnan's letter. He stated these �nditiais are (1) reoeipt of Indirect Sourve �rmit; (2) the developer sic�ing an aaennenane.nt to the redevelopment c�ontract an+d (3) payment of $1,000,000 by Lake Fbinte to the HRA. He stated he would sugc�est in ac3dition to those oonditions, another be added for the ��cil to reserve the ric�t to reject all the bids, including the bid of the laaest responsible hidder. He stated this would pravide some protec�im to the City in the event the three conditions outlir�ed by Mr. Newman ooulchi' t be met. Mr. Flora, Riblic Works Director, asked what attect these conditions would have on the water and sewer project and street improvenent project since extensions have already been c�ven on these bids. Mr. Qureshi felt �ey would be subject to the same wnditirns and they w�uld have to request an extensian fro�ti these contractors. He stated if this ooulc�'t be dane, it �au�d be reoessary to re-bid far the o�ntracts. Mr. Qureshi stated it may be well for �e O�tmcil to oonsider the bids for the demolition and site grading before the awards for the other -6- '�� y, - : _ !�-�1�. � ,�i?±�_ ��. �� 11 Z�� imprwenerits. ; � �. : �� ,� � ►• .� � ��l� �� ; � �+ • • � � �� _ n�Z � _ �. ° i! �� +� . ��:; 1� zi '• �� • i�� • NDTIDN by ��cilman Fitzpatrick to reoeive the meno frcro staff regarding phone calls made ooncerning Minn-Kota Excavating, Inc. Seconded by Q»cilman Schneider. Upon a vaioe vote, all voting aye, Nhyor Nee declared the motian carried unanimaisly. Mr. Flora, Riblic Works Director, stated Minn-Rota E�ccavating has done work for the City in the past and there weren't arry problens. He stated there was some questian raised about Minn-Kota and the Union. I�. Flora stated he mac7e several Fhaie c�lls as to haa this mic�t aff ect thei r work schedul e. He stated Minrr-Kota is �ntinuing work on municipal projects in ChaQnplin, Washington �u�ty and Brooklyn F�rk. He stated they also have worked on the Niinneapolis ai rport proj ect, in St. �oix, and St. Cloud. Mr. Flora stated in regard to their perfarmance, cne iten that was repeated is Minn-Kota i s not very timely in compl eti ng thei r proj ects and 1 iked change order increases on the projects. He stated in this particular proj ect, specif ic time periocis have been identif ied and penal ti es imp�sed, if i3ze� are not �mpleted. He stated it requires the entire project to be �npleted to plans and specificatials on a lump stun bid which reduces the change o�der impact. Mr. Doescher, represeryting Minn-Kota bccavating, Inc., appeared before the O�Lmcil regarding his compa�'s non-Union status. He stated they have operated without a wntract with �e 49er's since 1984. I�. Doescher stated they have oompleted over $12,000,000 o� oonstructirn with other oontractors in several o�onm�nities in the metropolitan area. He stated they were struck at the airport project f� a brief period in 1984 and for a brief period in Brooklyn l�rk in 1985. He stated they haven't been bannered sirrce this time and it has never iriterrupted their work schedule. He stated because they wer e rnt Uni an, �ey wer e akal e to cp.ve a better bi d. I�. Herrick, CYty Attorney, stated the (�ty is ohligated to award the hid to the laaest responsible kaidder. He stated he didn't knaw of any authority which states whether or not you are Union or non-Union determines if a bidder is responsible. Mr. Weir asked Mr. Doescher if they ir�end to operate with Unirn workers on this project. Mr. Doescher stated they would be operating without Union workers and without the Unian �ritract. Mr. Weir stated he has some wnvern about their ability to perform work on the site beca�se o� p�tential labor problens and the delays which might - result. �king this irata ao�idezation, he has some wnoerns. I�. Doescher stated tl�ey are a responsible contractor and whether or not they are Unian or mrrUnirn shoulc�'t make a differenoe in their ability to perf a�m. -7- �• � _�_ i�.��. i Yi�+ �,_ �, �i ��LI�Z� ��ncilman F'itzFatrick stated they are discussing the responsibility of the l�idder in teuns of the oontract. Ae stated he has heard comanents about dlange arders and delays. 1�. D�escher stated he would be ha� to supgly any ref erences the Council may desire. NDTIDN tr� O��cilman Schr�eider to table this iten to the next meeting on July 21, 1986. Sec�onded tr� Cbimcilman Barnette. Upon a voice vote, all voting aye, l�yor Nee declared the motirn carried ►u�animously. ; �. �._ : n i� : .�: •�� • �. .�I� .�� ' �� . ��;�: • 1� � � •• �1 � �__��'�?�� • �M �� : I� • 1� _'�'_�� ' ` • • 1• �� • • �� • .. . • ' �i • � � S � /�_ ' • �� i�!_�,� Mr. Herrick, City Attorrey, stated he would advise that a twa-week extensirn be requested on the aids for the water and sewer and the street improvenent project. He stated, hopefully, the o�ther itens left t,o be negotiated will be done by this time and the Council could then proceed to award the o�ritracts. I�DT�I by O��cilman Fi.tzpatrick to taiale these itens to the r�ext meeting on July 21, 1986 with instructions to staff to request a two-week extension fran the aidders on these two projects. Seoonded by Councilman Barnette. Up�n a vaioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Doescher stated he didn't want to put the developer or City in a p�sition where they are going to cause a�otalen. l�yor Nee asked if the Unirn oould banner then. Mr. Doescher stated the Union o�uld lawfully put � an iriformaticanal picket, hawever, this hasn't been cbne can any of their jobs this year. PREISMII�,RY DISCUSSION - CAPITAL OLTrLAY 1987: PARKS & RECRFATION AI�ID I�,TUiZAL RF.SOURCF�S: Dr. Boudreau, I]irector of Recreation & Natural Resources, presented the capital outlay budget proposed for the Recreation and Natural Resources Departments. Ar. Boudreau stated far Natural Resources, they are requesting a mavie �xojector, typewri��er, cart and wheelbarrav, vacutun cleaner, and teaching materials fc� a total c� $5,113. He stated they would 1 ike a$6,500 video projectirn s�sten at some future date. D�. Boudreau stated they have initiated ��eans af p�ra�duci�g revenue at the Nature Qenter which has brought in $5,000 last year. 1�� atec3 they are charging a fee o�f $I.00 per person to visit the oenter. He felt they rieeded -8r '? _� !��1�. � �!�!� !�. �-' l�L ' :. to generate some revenue to help sup�rt thei r prograas. Dr. Bou�dra�u stated the request for the Recreation Department is $1,730, if you deduct the $60,000 for �e portatale band shell. He stated they wish to add an anplifier for the beach. O��mcilman Schneider asked if they w�ould have use for a p�rtahle band shell. Dr. Boudreau felt it would be used by the City Band and the Northeast �amber and possibly by the schoals. ��mcilman Schr�eider felt maybe this oould be planned for wer a period of several years. Dr. Boudreau stated he plans to leave his job beginning in October and by using his vacation he will formally leave enplayment in January, 1987 and felt the CYty is in good hands with the recreatiori and naturalist programs. He stated the irx3ividuals in c�arge are excellent and felt they o�uld carry on with �ese programs. Dr. Boudreau stated many good things have developed in the oa�m�ity such as the Nature Center and Conm�nity Park. He stated the success of the U. S. 9wim and Fitness C1ub makes him believe that, if it had been approved, a (�ty recreation oenter would have been a success. He stated Fridley is one of the nioer, snaller winn�ities in the metropolitan area and he didn't knaw how to e�ress thanks to all �e val�teers in the oatm�ity. Dr. Boudreau felt the Oarm�ity I�iirk is c�ining a lot of notoriety as the State Girl's Softball Zburnament ar�d Special Olympics Softball Zburnament were held there this year. Dr. Boudreau stated he has enja�ed his tenure with the Gity and would be sutmitting a f ormal letter o£ resicg�ati on f ran C� ty enpl a�mem • PUBLIC WORKS DEP�• Mr. Flora, Public Works Di rector, stated, in oonj uncti on with Community Development, they are requesting $60,000 for an Apollo Computer Mapping Systen. He explained how this computer would assist them in the departments, what ir�formation aould be pravided, and is their priority iten. Cbt�cilman Sdzneider stated there would be thousands of hours of labor to enter the data ir�o the oomputer. Mr. Flora stated it is proposed to use work study pers�nnel to perform this task at an estimated cost c� $50,000. Mr. Flora stated Hennepi.n Oou�ty has this systan and several ather counties are a�nteaplating such a systen. Cbtu�cilman Sc�r�eider asked if Hennepin Cotuity has developed the software. �tr. Flora stated he tnderstands they are working with Apollo on it. He stated it is a systea� with all snrts of capabilities. It was the c�er�era� feeling th�t a good cost assessment �hould be done to c3etermirye if it wc�d be mst ga�ibitive. -9- � � !�.��, i ,�i��_ �,_ � � 1 • : I�. Flora stated another itsn, in oonj �nction with O�mtnity Development, is for a microfil�/reader and printer. He stated the City currently has a reader which has no screen and the aopies reveived are rbt good. He stated Mirrolta has the best equipnent an the market today and ttiey would 1 ike to replaoe the existing one wi� a r�ew Miryolta. Mr. Flora stated in the Pulalic Works Mainter�noe area, thEy are requesting a motor fuel managesnent systan for o�ntrolling the dispensing of fuels. He stated this systen also c�ves parts inventory and mai ntenance schedul ing. He stated another item requested is a pothole patcher. He stated they currently have one pothole patcher which has been the single piece of equipnent that acvelerated their street maintenance program. He stated because � the eo�ncmy and efficiency o� this equipnerit, �ey are reqta�sting another rne. Mr. Flora stated in the �mn�nity �rk, they wish to add ariother 100 parking spaces and lighting at oosts of about $95,000 and $23,000. He stated additional parking is needed at this park and it would be beneficial to i nstall another �a rki ng 1 ot. I�. Flora reviewed some of the on-going projects in the Public Works Departrnent. He stated these involve a storm sewer di tch mai ntenance progran; a five-year plan for stotm water, sewers, and streets; rebuild of the streets prior to sealaoating; focusing on mairitenance of four major parks in the C�ty; and maximun production and minimizing energy costs in operation of �e wells. Mr . Fl or a sta ted th e Ci ty wil l be hi ri ng a r�ew Str eet Fbr enan. He sugge st ed an examinatirn system be initiated with a series of tests given in order to deternnine a per son' s el igibil ity for Publ ic Wor ks po si ti ons and upward mokail ity. l�yor Nee asked if it is the intenti on mainly to promote f ran within the CYty. Mr. Flora stated the irrkent is to establish a systen within the City so personnel know t3�ere are opporttmities for advanoenent. FIRE DEPA�• Mr. Bob Alric�, Fire Chief, stated they have a major rehabilitation program an three p�eoes of equipne.nt whic� wi11 prota�bly add 15 years to ttie life af this equignent. He stated thc� keep a fai rly fl at capi tal outl ay program somaahere in the range o� aro�d $20,000. Mr. Aldrich stated the request for tt�e oellular phone becomes important in the area � haixiling hazarcbus materials. He stated it would allow direct oorttact with a resource gerson and receive information on a one-to-one basis. He stated this oelluTair �none wou�d be ir�talled in ttie rescue squad and used in o�nj �cti rn with t�e old rescue equad �hich i� bei ng used as a hazarcb� waste tnit. He stated this tnit is a joa.r� effort witxi Coltunbia Heights and Spring Lake Park and each wiTl share in the cost for r�abilitation estimated at about $4,000 far each �►m�ity. -10- -�• a __� �� J�. ! ��±� _��_ !,' l�i_ � : . Mr. Aldric� stated they are also requesting a VHS Video wQaera/recorder and a television monitor for use in their training progran. Irhyor Nee suggested he meet with Jim Hill on the types of servioes availatale as the P�lioe Department had a request for a cellular phone at a oost of ' $1,300. Mr. Aldrich stated, beyond capital outlay, capital improvenents should probably be di scussed. He stated he hasn' t giv en up on the f i re stati ons and to look at �e a�noept o�f three stations. Mr. Aldric� stated the Fire Departsnent Managers suggest a goal of a five minute respon9e time in 90$ of �e Ci.ty. He stated a survey was ci�ne and it was faaid that, in the majority of the (�ty, they don't get anywhere in five nunutes. Ae subnitted a map shaaing approximate response time for various areas of �e City. I�. Aldrich stated if a fire station was located in the eastern portion of ti�e CYty, there is a 3-1/2 �nute reductian in respons� time as oompared to the existing central locatiai. O��mcilman Schneider asked the response time f or neighbori ng com�►uni ti es. N�. Aldrich stated Coltanbia Heights has a response time the same as Fridle�'s. He stated he talked to Nea Brighton and they stated they make their responses in four minutes and that is not true. He stated it is not p�ssible to reach �ome of their locations taking into vonsideration the location of tlie fire station. Mr. Aldrich stated South St. Aaul reaches thei r site in three minutes or less in 71$ of thei r cases. He stated thei r station is in the center o� the aonmuiity and is fully manned. Mr. Aldrich stated in looking at sites to possibly locate a satell ite statirn, he felt the area of Rice Creek Road and Old Central should be o�nsidered to serve the eastern p�rtion of the City. Mr. Aldrich stated another satellite should be o�nsidered to the rnrth arotuid Osborne Road and the Burlington Northern Railroad tracks. He stated if there were two satellite stations, the c�ost for headquarters could be reduced. He felt these satellite statians oould make a marked imprwenent in providing fire services to the �iuntnity. Mayor Nee asked why locating a satell ite stati on further soutn wasn' t oonsidered. Mr. Aldrich stated the arterial aocess is good to the south as they can u�e University Avenue ar�d Main Street. l�yor Nee asked if two sateilite stations were provided, if headquarters would renain at �e City Hall. Mr. Aldirch stated this would be fine, but it cbesn't alleviate the traffic prok�len at this locatirn. IHr. Aldrich stated he would suggest further study rn the locatirns. He felt they oould p�ssibly wait on the north location, but felt so�nething should be - dor�e regarding the heaclquarters and at least orye ather satellite stati�. N�yor Nee felt whatever the location, it had to improve the response time for t3�ose areas to the south and east. ��C �• y � !� ��, i �� . ��' 1!�_ ��LZT� Mr. Aldrich stated the proposal would not require any more manpower or equipaent. He stated in looking at the oost of fire statians, an area rep�rt suggested $750,000 far a main statirn. He stated he di.c�'t see that figure changing a great deal if you built three, because satellites can be built for a�nsiderakaly less per square foot. N�yor Nee stated he �nderstands there is a need, however, the test of other budget oonsiderations. He stated he f el t willing to c�ve this v�nsideratirn. � � �.��1�� it has to stand the Council is NiJTION by Councilman Barnette to adj ourn the meeting. Seconded by �Lmcilman Goodspeed. Upon a vaioe vote, all voting aye, l�iyor Nee declared the motion carried unanimously and the Special Meeting of the Fridley City O�uzcil o� July 14, 1986 adjourr�ed at 10:55 p.m Respectf ully sukmi tted, Ca ral e Haddad, Secretary to the (7 ty �tu�cil Appraved: . -12- Wil l ian J. Nee I�yor PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, July 21, 1986 in the Council Chamber at 7:30 p.m. for the purpose of: Consi,deration of a Rezoning request, ZOA #86-01, by L. Robert Erickson, to rezone from R-1 (one family dwelling) to R-3 (general multiple dwelling) on the West half of Lot 4, all of Lots 5, 6 and 7, Lucia Lane Addition, all located in the North half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota, generally located on the Northeast corner of Mississippi Street and Highway 65. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Publish July 7, 1986 July 14, 1986 WILLIAM J. NEE MAYOR 1 lA L. ROBERT ERICKSON Z�A #86-01 STIP�LATIOMS 1� PROVIDE AN APPROVED LANDSCAPE PLAN� INCLUDING BERMING OF BOULEVARDS� Z, PROVIDE AUTOMATIC SPRINKLING OF ALL LAWN AREAS� 3� PROVIDE SNOW FENCE AROUND ALL TREES ADJACENT TO CONSTRUCTION ZONE; IDENTIFY WHICH TREES WILL BE REMOVED PRIOR TO CONSTRUCTION� 4, �BTAIN TOV�NHOUSE PLAT APPROVAL AND RECORD WITH CITY APPROVED COVENANTS PRIOR TO SECOND READING OF REZONING ORDINANCE� 5, PROVIDE 25� STREE7�BIKEH!AY�WALKWAY EASEMENT ALONG P�1SSISSIPPI STREET� 6. PROVIDE A TOT LOT AREA WITH E(?UIPMENT PRIOR TO OCCUPANCY� GIUALITY AND SIZE SUB.IECT TO STAFF APPROVAL� %, PARK FEE OF $SOO�OO PER UNIT TO BE PAID I�JITH EACH BUILDING PERMIT� $, PROVIDE A 6� HIGH SOLID WOOD SCREENING FENCE BETWEEN PROJECT AND ADJACENT TO R-1 LAND� g, REZONING IS F6R TOWNIiOUSE PLAN AS PROPOSED ONLY� 1�� PETITIONER TO PROVIDE AN APPROVED STORM DRAINAGE PLAN� 11� ��ORK WITH STAFF TO I�ENTIFY GUEST PRRKING LOCATIONS� PLANNI�JG COTIFIISSION MEETING JUPdE 18 1986 P�.GF 7 � MOTION BY MR. SABA, SECONDED BY MR. KONDRICK, TO CLOSE THE PUBLIC HF.A G. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPF.RSON OQUIST DEC D THF. PUBLIC HEARING CIASED AT 8:16 P.M. MOTIDN BY MR. KONDRICK, SECONDED BY MR. SABA, TO RE END TO CITY COl►P7CIL APPROVAL OF A.EZONING REQUF.ST, ZOA #86-02, BY DAV HARRIS, REZONE FROIf C-3 (GENERAL SHOPPIt�G CENTER) TO C-2 (GENERA USINF.SS) ON _THF. NORTH 750 FEET OF THE NORTXEAST QUARTER OF THE NORT ST QUARTER OF SECTION 12, ^_'-30, R-24 �ANOICA COt1NTY, MIl�'14'ESOTA, EXCEPT EAST 720 FEET THF.REOF, AND F.XCEPT THE SOUTH 300 FEET OF SAID NORTH 7 FEET AND EXCEPT THE NOP.TH 233 FEET OF THE WEST 230 FEET TNEREOF. TO . HER WITN TNAT PART OF _THF. NORTN 750 FF.F.T OF THE NORTHWEST QUARTER O HE NORTHWEST QUARTER OF SECTION I2, T-30, R-24, ANOKA COUP:TI', MINNF.SOT LYING EASTERLY OF STATE TRUNK HIGHWAY P70. 65, EXCEPT THE SOUTH 300 FEET SAZD NORTH 750 FEET A?�D EXCEPT THF. NORTN 233 FEF.T THEREOF. UPON A[� E VOTE, ALL VOTIR'G A1'E, VICE-CHAIRPERSON OQUIS_T DECLARED TH£. MOTID ARRIF.D UNANIMDUSLY. r. Oquist stated this item would go to City Council on July 21. 4. PURLIC HEARIN�: CO�dSIDERATI�!l OF A REZO��I��G RE UEST ZOA �86-01 E3Y ICY.S �J: Rezone fron R-1 one family dwelling) to R-3 (general multiple dwelling) on the West half of Lot 4, all of Lots 5, 6 and 7, Lucia Lane Addition, all located in the Worth half of Section 13, T-3f?, R-24, City of Fridley, County of Anoka, Minnesota. MOTION BY MR. KONDRICK, SECONDED Bl' MS. SHF.RF.K, TO OPEN THE PUBLIC HEARI�'G. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIS"' DF.CLAA.En THF. PUBLIC HF.ARIIJG OPEN AT 8:18 P.M. Mr. Robinson stated this property was located on the northeast corner of Highway 65 and tlississ��pi St. and included Lots 5, 6, and 7, an�i thP westerly hal f of Lot 4. The pro�erty ►vas zoned R-1 , singl e fami ly, an�i ��as in a single fami�y neigh�orhood. It consisted of approx. 64,000 sq. ft. or 1?z acres. The pr000sal ►�as to rezone from R-1 to R-3 in order t� facilitate a townhouse develo�ent of 10 units. The proposed density was 6,40� sq. ft. per unit. The alloarable density zn an R-3 zone was 2,500 sq. ft. per unit. Of course, that would be to facilitate an apartment building. The 6,400 sq. ft. of lot area per unit heina proposed worked out to be about 6.8 units per acre. ,A typical townhouse density ranged fror� � t� 12, so this was described as a "-very low density. - Mr. Robinson stated the proposal was for all two bedroom units with double garages, 1 3/4 bath, approx. 1,600 sq. ft., not including the garage. When Staff looked at the plan, they felt it was somewhat unbalanced in that there were eight units for the west portion and two units for the east portion. 11=� PLANNING CQMMISSION 14EETING, JUNE 18, 1986 _ PAGE 8 � They realized this was to minimize the impact on Lucia Lane and the single far�ily neighborhood. However, Siaff came up with some alternate plans, one in particular had some merit. It was stayinq with the ten units but hreak- ing them up so there were three clusters instead of one long linear building that had something of a barracks-type appearance:-three units on the eastern portion, four units facing Highway 65, and the other three units on the northern part of the site. Mr, Rohinson stated the driveway access was facilitiated by a driveway onto F1ississippi, approx. 130 ft. from the intersection, and another driveway onto Lucia Lane. The developer felt the plan suggested by staff did have sone merit, and he might be willing to implement the plan. Also, the plan provided sor�e distinct green areas for privacy and play areas. It also turned a blank wall to the single family homes rather than the back of the buildings. Mr. Robinson stated Staff was recommending the follor�ing stipulations: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Provide an approved landscape plan, including berming of boulevards. Provide automatic sprinklinc� of all lawn areas. Provide snow fence around all trees adjacent to construction zone; identify which trees will be removed prior to construction. Obtain townhouse plat approval and record with City approved covenants prior to second reading of rezoninn ordinance. Provide 25 ft, street/bikeway/walkway easement along r�;ss;ss;PP; st. Provide a tot lot area with equipment prior to occupancy. Park fee of �500 per unit to be paid with each building permit. Provide a 6 ft. high solid wood screening fence between project and adjacent R-1 land. Rezoninc� is for toamhouse plan as proposed only. Petitioner to provide an approved st�rm drainac�e plan. Work with Staff to identify guest parking locations. Mr. Wellan stated that regarding stipulation #8 to provide a 6 ft. high solid wood fence between project and adiacent R-1 land, who maintaineci that fence? Mr. Robinson stated there would have to be a townhouse covenant an�i maintenance would be speiled out in that covenant. Mr. Robinson siated that 1n 1983 Mr. Erickson had requested a rezonina fror� R-1 to �c-3 for 14 un�ts so this project was scaled down fror� 14 to 10. �Mr. Erickson stated he had no objection to the different layouts suggested by Staff. The problem, of course, was the beautiful trees, and they want to save as many trees as they can. As far as the ten units, that is the numher they came up with in order to make the project financially feasible. Anythin� less than ten would wipe the project out. He stated the townhouses woul�i be owner-occupied, not rentals. 1C a PLE��JNIfJG COF1��IISSION PIEETING, Jl)Nf. 18, 1986 PAGE 9 Hr. Jack Young, 6549 Lucia Lane, stated he had lived in this location for 24 years. He stated there had been at least 4-5 proposals for this propertv, and each time the proposals have been shot down. He statPd the neiqhhor- hood has a lot of traffic already, with thP apartment buildings at the other end of Lucia Lane and the Knights of Columhus Hall. Lucia Lane is a one-�vay street for all those people, and he did not believe the traffic from this new development would use Nississinpi St. as an exit. They would use Lucia Lane. I��ith the possibility of a median down Mississippi, that would force the people to use Lucia Lane even more. He stated there were only 11 homes on both sides of Lucia Lane, and now they are proposina to put in 10 nore homes in an area about 1/4 of that space. It did not make good sense. There would be ten homes with possibly twenty cars on a lot that would not even house five residential homes. Why can't the property he left as a residential district? 4Jhy do they have to go through this sar�e thinq every 2-3 years? Mr, i�enry tlelcher,6500 Pierce St., asked �1r. Erickson the a�prox, selling price of each unit. Mr. Erickson stated the selling price was approx. $70,000 per unit. Ms. Lois Raaen, 6501 Lucia Lane, stated she would like the propPrty to rer�ain residential. Lucia Lane was already too busy. If they put ten townhouses on that property, therP were going to be problems. She stated she has lived there 17 years, and shP liked livinq there; but if they put townhouses in there, she was going to move. �1s. Jody Bystrom, 6533 Lucia Lane, asked why single family homes coulci not be built on this property. Mr. Erickson stated the back half of Lot 4 was landlocked right no►-�. The only way to get into Lot 7 was a curb cut on �lississippi and rinht now the County is talking about widening �lississippi and puttinq in a median, so a driveway could not be put out on that corner. So, that virtually ma�ie Lot 7 useless. Lot 6 was the same way. Lot 5 could be divided in t�alf for t��►o residential lots. That was why he was requestinn a rezoning to R-3 an�i proposinq a to►,rnhouse development. R-1 housing was just not feasible. !1s. Jovice Swanson, 664i L�ci� LanP, stated she did not object to thP con- structic�n or the ciesign as much as the density. The intersection of �1ississippi and Highway 65 was notorious for traffic accidents. Traffic a�as very heavy in the area, and puttinQ 20 more cars onto t1ississippi was going to make it a�orse. Mr. Joe Randall, 1210 �lississippi, stated he ��ould like to see the property 'remain R-1. He felt therP were alternativPS to work with landlecked lots. Ms. Elvina Timo, 6517 Lucia Lane, stated the driveway from the proposed development onto Lucia Lane would cor�e right toward hPr house. She was afraid this �+evelopment would depreciate the value of her horne. They do havP a lot of problems at nie�ht witl� traffic fron the Knights of Columbus Nall, as 4re11 as the Lucia Lane apartments. She wanted the property to remain zoned R-1. 1D 1E PLANNING COt1t1ISSI(1N PIEETING, JUt�E 18 1986 PAGE 1Q Mr. Bob Bystrom, 6533 Lucia Lane, stated he felt the access from the proposed deve7opment onto Mississippi probably would be impossible. He doubted if eastbound traffic on Mississippi would ��ant to turn left any sooner than Lucia Lane. Also, there was a considerable incline onto Mississippi from Lucia Lane. In the winter, in spite of maintenance, it was often difficult to make the grade the first time becadse of the slippery surface. It seemPd to him the people who would be trying to get in and out of the proposed toY�nhousP development would be at a real disadvantaqe as they would have no mo�entum at all trying to get onto Mississippi when Lucia Lane was slippery. He did want to say there were sor�e things about this townhouse design that were better than previous plans. Mr. Jack Young stated he did not think families with young children would buy on this busy corner. He was afraid if these townhouses ciid n�t sPll that they would turn into rental units. P1r. Robert fiaedtke, 6540 Lucia Lane, stated he felt the townhouse developmPnt would really decrease the real value of the homes in the neighborhooci. What about assessments for water and sewer and the roadway? As far as the density, where would the children play? Marketability was mentioned in the request for rezoning, �ut it was also marketability for the people who own their homes in this area. Tfiere was too much traffic, the density was too hic�h, and it was unjust and unfair to take away sor�e of the real value fror� the people who own homes in this area. �1r. Rohinson stated all utilities are in place, and there would be no additional streets. The expense of any hook-ups to utilities would be borne by the developer. P1r. Dick Berganini, 6596 Pierce St., stated he was aqainst the rezoning proposal. � Mr. Oqi,ist stated he had a letter addressed to Councilman Dennis SchnPider fror� Dean Thomas, 6550 Lucia Lane, who could not be at the meeting. P1r. Thomas expressed concern that the units be owner-occupied, not rental units, he was concerned about the density and concerned about the traffic. Mr. �quist stated this letter wauld acc�pany the minutes to the City Council. r•1s. Jody Bystrom stated that if the townhouses were not sold ancl they hecame rental units, what happened to the townhouse association? Mr. Erickson stated that townhouse association documents are written s� that each unit that is built has to contribute to the association, tihether the �units are owner-occupied �r rental. Ms. Lilas Crosser, 656� Lr�c�a Lane, staied there were many accidents on the corner of ttississippi and ti�ghway 65 already. It would be worse with more traffic. 1F PLANNIP�G CONHISSION MEETI��G, JU��E 18, 1986 Pt1GE 11 MOTIOb' BY MR. BETZOLD, SECOIIDED BY MS. SHEREK, TO CLOSE THE PUBLIC HEIiRING. UPON A VOICE VOTE, ALL VOTING AYE, VICE—CHAIRPERSON OQUIST DECLARED THF. PUBLIC HEARING CLOSED AT 9:03 P.M. Mr. Wellan stated he would not be in favor of the development. He felt that with the limited properties in the community, the landlocked properties could be rearranged so that single family homes could be put in. Ms. Sherek stated she had a probler� with the theory that sor�ethin� coul�i be done with the lots facing ttississippi St. Just lool:ing at the intersection of Hiqhway 65 and tiississippi made you realize it was unrealistic to expect people to have access fror� their front yard at that corner. She really thought the lots were not developable as R-1 zoning; and in view of the opposition of thP neighbors, she did not think R-3 was all that realistic either unless something was explored with regard to making somP kind of shared driveway across the backs of the properties so 3-n homeowners could access onto Lucia Lane. She also did not think it was realistic to believe that because they plot a driveway onto Ptississippi that the people livina in the toNmhouses were going to use it to any extent--yes, if they are making a ri�ht turn onto Mississippi and a right turn onto Nighway 65, but the rest of the traffic was going to go to Lucia Lane. Mr. Robinson stated that regarding Hs. Sherek's suggestion about a shared driveway,for 3-4 single family homeowners, it would have to be a private drive maintained by the homeowners, which was contrary to the city code. It was possible a variance could be granted for somethinq like that. h1r. Oquist stated the probler� with a deadend street was the servicing by emergency vehicles. Mr. Saba stated he really felt it was an injustice to the neighborhood, and he felt bad that they had to kee� cominq back defendinq their right to an R-1 zone. He had some problems with the development and probler►s with tiie traffic. Mr. Betzold stated he was sympathetic t� the neighbors' concerns, but he wondered if the concern� about traffic were not a little bit overs±ated, He said that because he happened tc� live in probably the densest area in the City of Fridley, the 81ack �orest Cor►domiriums right next to the Farr To�•�n- houses. Just fn the deve7opment he lived in tf►ere were 250 different units and one driveway thai cor�es in and exits. One would think they would be driving into one anuther a11 the time, but that doesn't seem to be happening. 'Mr. Betzold stated there would certainly be an increase in traffic, but hF felt the concerns expressed about the traffic seer�ed to be primarily because of the Lucia Lane Apartr�ents and the Knights of Colur�bua Hall, particularly the Knights of Columbus Hall which generates a lot of traffic at set tir�es. 1G PLANNING C�HHISSION MEETING, JUNE 18, 1986 _ PA.GE 12 Mr. Betzold stated something was going to have to be done with this property. The Cornnission has to be concerned, not only with the neighbors, but also with the developer. There was going to have to be some give and take on both sides as this was too important a piece of land to have it remain as • it is. Mr. Oquist stated he agreed with Mr. Betzold. He stated he has been involved with the last four proposals, and one of these times they are qoinq to have to approve a project because this property has to be developed. They have to be concerned about the best development for this area, and he was not sure single family homes was the best development for this property. Mr. Kondrick stated he also agreed with Mr. Betzold. This was the best proposal he has seen so far, Single family hor�es were not feasible for this property, anci it was not fair to leave the property vacant. Ne also won�iered if the traffic concern was a little overs�ated. i•1r. Erickson stated the main reason for the dual entrance and exit at Mississippi and Lucia Lane was for emergency vehicles. MOTIO"; BY M,P.. BETZOLD, SECOlJDED BY MA.. Y,O:�'DP.ICi:, TO RECOMMEND TO CITY COriNCIL APPROVAL OF REZOP:ING REQUEST, ZOA #f86—01, BY L. ROBEP.T ERICKSON, TD RFZONE FROP' R-1 (ONE FAi•lILY DWELLINGS) TO R-3 (GEIlERAL MULTIPLE DFIELLIt7G) ON Tf1F. WEST HALF OF LOT 4, ALL OF LOTS 5, 6, WJD 7, LUC.IA LANE ADDITION, ALL LOCATED IN THE NOA.TFI HALF OF SECTION 13, T-30, R-24, CITY OF FRIDLEY, COUIJTY OF AP,lO1CA , MINNESOTA, WITH THE FOLL067IlJG STIPULATIONS: 1. PROVIDE Al�' APPROVED LANDSCAPE PLAII, INCLUDING BER1�fING OF BOULEVARDS. 2. PROVIDE AUTOMATIC SPRINKLING OF ALL LAk'!V AREAS. 3. PROVIDE SNO�•1 FENCE AROUND ALL TREES ADJACENT TO COPISTRUCTIO" ZONE; IDENTIFY WHICH TREES WILL BE REMOVED PRIOR TO CO":STP.l1CTI0^:. 4. OBTAIN TOkfi1NOUSE PLAT APPROVAL AND RECORD FIITN CITY APPRO�'ED COVENANTS PRIOR TO SECOIdD READING OF RE20fJING OP.DINAI'JCE . 5. PROVIDE 25 FT. S'"REET/BIKEWAY/WALKWAY £ASEMENT AIAPIG MISSISSIPPI ST. 6, PROVIDE A TOT IAT AREA WITH F.QiIIPMEIJT PP.ZOR TO C�Cf7PANCY, QUALITY A't'D SIZF, SUBJECT TO STAFF APPROVAL. 7. PARK FEE OF $500 PER IIh'IT TO BE PAID FIITH EACH BUILDIIdG PF.RI�II^'. 8. PRt3I��'DE A b FT. HIGH SOLID WO�OD SCREEP77NG FENCE BETF;EEN PP.DJECT A.'�D ADJACEI�T TO R-1 ZAI:D. 9. REZONI;�G IS FOR TOk�'JhIOUS£ PLA14 AS PF.G�P�SED ONLY. 10. PETITIONER TO PROVIDE AN APPROVE'D STORl�' DRAINAGE PLAN. 1I. WORK WITH STA.FF 'I`O IDEA'fiIFY GUEST P.�RKING IACATIONS. � UPDA' F. POICE tr�TE, KONDRICK, OpUIST, BETZOLD VOTING AYE, WELLAN, SABA, A,7D SHEREK VOTING NAY, VICE—CHAIRPF.RSON OQUIST DECLARF.D THE MOTION FAILE'D BY A . TIE VOTE. 1H PLANP�ING COh1�1ISSI0N MEETING, JUNE 18 1986 PAGE 13 Mr. Kondrick stated he hoped the City Council would give this proposal some s�rious thought. He felt this was the best proposal the Planninq Commission has seen for a long time. The plan had a lot of inerit. Mr. Oquist stated the Planning Cormission was at a stalemate. This item woul�i go to the City Council on July 21 with a split vote. He recomnended thP people concerned be at that meeting to express their concerns. 5. PURLIC HEARING: CONSIDERATIOP� OF A REZ(1NI�JG REQUEST, Z�A #fi6-03, BY H �10CNINSY,I: Rezone from C-1 local business) to R-3 (general multiple dwellinq) on Lot 1 except the East 199 feet thereof, 17 and 18, Block 2, Sprinq Valley Additi , all located in the south half of section 13, T-30, R-24, City of Fridley County of Anoka, �linnesota. 1NOTIOh BY MR. KONDRICK, SECONDED BY NR. SABA, TO OPEN THF. PUBLIC UP0,4' A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIS'�' DE ED TNF. PUBLIC NEARING OPEN AT 9:29 P.M. Mr. Rohinson stated this property was located eas� of d Central and north of Rice Creek Rd. It was zoned C-1, local commercia . There was approx. 96,900 sq. ft. or 2.3 acres involved., which was a of Lot 17 and 18 owned by Plochinski and the west half of Lot 16 which owned by the I�RA. Mr. Rohinson stated the proposal was to rez e to R-3 in order to allow the constri�ction of 19 single family attached ownhouses. The density was 5,103 sq, ft. of lot area per unit or 8 units per acre. That was a moderate densitv for a townhouse develor�ent ►�� ' h generally ranges an density fror� 8-12 units �er acre. The units would r ge in size fror� 1,100 - 1,500 sq. ft. selling in the mid $70,000. Eac �ould have a douhle car garage and there would be room for two cars for isitor parkinc� behind the garages. P1r. Robinson stated they e worked with the developer to cor�e up 4�ith the best townhouse plan, an 1r. Mochinski was willinq to go alor.g with the following stipulation recor�ended by Staff: 1. Pro��e aoproved iandscape plan, including berminq of boule�v ds. 2. Prov' e automatic sprinklinq of all lawn areas. 3. P tioner to prouide an approved storm drainage plan. 4, tain townhause plat approval and record with City approved covenants prior to second readine� of rezoninq ordinance. - Provide a tot lot area with equipment prior to occupancy. � 6. Park fee of 5500 per unit to be paid with each building permit. � 7. Provide a 6 ft. high solid wooci screening fence between th? project and adjacent to R-1 land. 8. Rezoning is for townhouse plan as propos�i only, 9. Work with staff to identify guest parking locations 10. Petitioner to agree ta pay for utility and street assessments (not includina new storm drainage pipe). � ��6 �9 . (�� ..: `� °� � F�+' � CJ�A ci�� , � �j <K� _ � '�� s �,,o : aR . .�a� �,�� ,�; G�Y, , N � ,a A } /tl. ,I/ � Y/ �A 0 � � /a ' /9 �3 � ��! W�� Gi> �p . R �t E n � ln�� o.y J '' � � rg � �. I • � �.�, 4 � O `' �%3 Z �� ( ; � : i� ,�°� �, , ; (/iss� p�r� � ' (.wtz �2 Z � � . o � � � E � 6O ,r,r� +a , � l� �) ",.-_-� �' . 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" � ; . . - ' � � . : _ 24: � � r � . _ . .. . . . , . . :. . _ .. __ . . �.. .: .: _ .,, , 'r�, :... _ . . :Y��};: � ��A� :: - . 4 �� L�ocA-�� w��„ -_ -` `�l 3� :� � . . .s - T��- .�i. .: J•""' � . , '� �.� � •T' •' :ffi� i�. . . �..� 3.�.�._ �# '' , . �7�_.:ir�.�J IR' �� ,• ,� �' . .....�� .• �, _ w ' . . � . ,.1.` irY� r_ . ��.� _.�... ; � ` � , i . ' � � � ; � � ' i � i ' I i _..—_ 75 --. i ;� �' � O � • . � ' � � i � � � � I � iW I� . la i � i V/ . 1 . � Iz � _- i_ 1J . � , i ; i : � ; . ► � ,.�.�s -----------------------i . ' SL i � � . ir � O I . � �' �� •P � g . � � p U � i� • f� ' --- 60 O -L_. M I w . ' � . � �r � � �e � � � %'�, � �� SGrG�,yl�V►� �r�P� � � LL: � _ _ _ _ � � ` � _ N _ _ �_ __ /34 , Z . ' � ' - -- ' 1 ' I r w 0� � • , 3 w 4'A ~ � �� - • �t J � "' t__ � _ _. __ _ _ - _ �_ei i– . 1 i � I �: � .y. I , y M i �� y � ; � ' ` �� _... , ____-_____._ .. .._.. .._ \ ■ ' O �\ � � ' � , I M S ti � � �' ( � � e; i � -- --_-__— ` ' v . 1 � � r � , , M I �. / - ,,. �--- .o � .J , t • M � ~ , � � ' V �� V'J D "_ . � . , 6 N , ia � ---.�o --- � .._,�., s< <, .o -t- .e � � � � 3� i � j�•�' � � o I o • � Z , ! ` , � 1 I ' � � � 1 � 1 �"•• `a� ��. 25 .. 1 m ___.__ �Yl - -1-- --- - - — � -- - - -- - — - - -- ----- — - - --- -- • - - MtSSiSSIPP� STREET , _ -�-.�-�� ,l�L'�;��Nq77 �/� :. � � � � � �� _30� i -1� -+,-,�r 5 1 K • 5m�cl�v �l►�,i-w5 w�o-ve _ 1i vw,bl�c � , t�� S� . y�,d s • M,�rv� r1ei�. �m�� ■ i`�ISS/sS�PP/ f� . 1�1 Cl S i,�•� 17�u � cSV�i .�' L i-+.� l� 1avW.a'! r- �-Q� �. � o k r i v.'�e Y a�o�t e v� 1 L ) July 15, 1986 Dear Council Member: It is our understanding that the Fridley City Council Nill again consider possible rezoning cf property currently zoned R-1 on Lucia Lane near Mis- slssfppf Street and Highrvay 65, at the July 21 Courttil meeting. We have lived at 6533 Lucfa Lane, directl�r across the street fran the property in question since 1978 and i�ave heard several proposals con- cerning possible development on the sfte, most of Nf►ich xere clearly inappropriate and unacceptable to the residents of the neighborhood, the Planning Comnisslon and the City Council. One proposal, which did not involve a change from R-1 zoning, was acceptable to residents of the neighborhood but the plan Nas never imple+nented. � The most recent proposal again involves pians for a developn+ent and popu- lation density inappropriate to a neighborhood of single family dr+ellings. Ho+vever, this time tne Council will hear the request for rezoning without a recon�nendatlon from the Planning Conn�ission. The Comnission's deadlock reflects fundamental uncertainty about r+hat should be done �bout this property. At least one Cortmission member spoke of the site as "undevelopable" artd questiorted Hhether the property could be purchased by and out to some reasonable use by the city. Ne believe that this ��otion shouid be thoroughty investlgated before final action is taken on the zonfng request or that the request should be denied until it has been done. These are aur reasons: 1. The current proposed development �ill create serious traffic problea�s in the area . Traffic generated by the multl-unit/multi-fan�ily complex Nonld create serious hazards 1f an exlt/entrance is allaved (as proposed) on Mis- sissippl Street. Traftic from the complex via an exit/entrance on Lucia Lane w111 tlash headlights into the txo homes directly across the street. Also, winter egress is difticult (slippery incline) fraa Lucia Lane to Mlssissippl street so that those approaching the inter- s�cLian K1tha�t r+��e�t� frem the proposed developa+ent �v�auld block traffic under such condltions. 2. The resfdentlal nei hDorhood ualit ot Lucfa Lane has alread been ser ously comaranise People in our nelghborhood cope r+fth ever increasing sounds, hazards and lnconvenlence generated by Highway b5; Me tolerate large traffic gluts (many late at night) at our doors on Lucia Lane rrhen those pi.ay- ing bingo or attending other events cane and go to the Knights of Columbus Bulldin9; Ne are subjected to the sights, sounds and activities associated Kith a large apartment caaplex. We know that accomnodations to dlversity are needed in any conmunity, but �re believe that Ne and other resfdents of Lucia Lane have already made more than enougfi such co�cessions. 1M 3. Si is aoaarently unable or unMilli the constraints of 1 an for use of tfi� athsintatve zonin it ts unlikei th �ertv wil ever be presen q to live Nithin at an approprlate ted or carried out The ormer's on-gofnq contention that any plans consistent with R-1 zoning are "rtot feasible" probably means that he sees no Nay to -• realtze the gains he expected fraa his specutative use of this ` property. Hor�rever, free enterprize assLm�es losses as well as � profits and nelther the C1ty Council nor the residents of the area are eblldged to guarantee his investment. Nis interminable peLitionfng for re-zoning is apparently intended to exhaust clty ofiiclal's and resident'S resolve to protect the integrlty and liveability of the neighborhood. A resolution of this stand-off is long overdut. 4. The es eciall hi h ualit of reen s ace remainin at the si n question ought to be protected This small tract of magniticent burr oak trees is a relic ot Fridley's natural surroundings that have been altered beyond recognition or eliminated alnast everyvrhere in the comnunity. So long as it remains it will provide relief fron� the dreariness din and dirt of Nighpay 65 for everyone Nho lives near or travels along that corrldor. Th1s value Nill he lost pennanently if the current proposal 1s approved. A more ccrnplete evaluation of the tract's value as green space should be condutted before a decision is .�ade. We need and ask for your support to help maintain a 1lveable Lucia Lane nelghborhood and comrtunity. Sincerely,o�� c i� Robert and elen Bystroni PUBLIC HEA�tIMG BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the C9ty Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, �uly 21, 1986 in the Council Chamber at 7:30 p.m. for the purpose of. Consideration of a Rezoning request, ZOA #86-03, by Richard Mochinski, to rezone from C-1 (local business) to R-3 (general multiple dwelling) on Lots 16, except the East 199 feet thereof, 17 and 18, Block 2, Spring Valley Addition, all located in the South half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota, generally located North of Rice Creek Road and East of Central Avenue. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: July 7, 1986 July 14, 1986 z 2A I RI CHARD MOCN I P�SKI Z�A �!�6-03 : STIPI;LATI0��1S 1, PROVIDE AN APPROVED LANDSCAPE PLAN, INCLUDING BERMING OF BOULEVARDS� Z, PROVIDE AUTOMATIC SPRINKLING OF ALL LAWN AREAS� 3� PETITIONER TO PROVIDE AN APPROVED STORM DRAINAGE PLAN� 4� OBTAIN TOWNHOUSE PLAT APPROVAL AND RECORD WITH CITY APPROVED COVENANTS PRIOR TO SECOND READING OF REZONING ORDINANCE� 5� PROVIDE A TOT LOT AREA WITH EG2UIPMENT PRIOR TO OCCUPANCY� QUALITY APdD SIZE SUBJECT TO STAFF APPRO�/AL� 6, PARK FEE OF $SOO�OO PER UNIT TO BE PAID WITH EACH BUILDING PERMIT. %� F�ROVIDE A 6� HIGH SOLID WOOD SCREENING FENCE BETWEEN PROJECT AND ADJACENT TO R-1 LAND� �, REZONING IS FOR TOWNHOUSE PLAN AS PROPOSED ONLY� 9� I'iORK WITH STAFF TO IDENTIFY GUEST PARKING LOCATIONS� IO� PETITIONER TO AGREE TO PAY FOR UTILITY AND STREET ASSESSMENTS� ��VOT INCLUDING NEW STORM DRAINAGE PIPE�) � PLANP�I�JG COPI�1ISSIOP� MEETING, JUNE 18, 1986 PAGE 13 _ �=. Mr. Y.ondrick stated he hoped the Cit� Cou�cii �s��ld g�ve this proposal��- sQrious thought. He feli i�his was the best proposal the P1 iw�� miAiTssion has seen for a long time. The plan had a lot . . - Mr. Oquist stated th ocmission was at a stalemate. This item,woulci go to uncil on July 21 with a split vote. He recomnended thP� e concerned be at that meeting to express their concerns. - 5. PUBLIC HEAP,I!1G: COt�SIDERATIOP� OF A REZ(IPJI�JG REQUEST, Z�A #�6-03, BY H D �10CNINSY.I: Rezone from C-1 local business) to R-3 (general multiple dwelling) on Lot 16, except the East 199 feet thereof, 17 and 18, Block 2, Sprinq Valley Addition, all located in the south half of section 13, T-30, R-24, City of Fridley, County of Anoka, Ptinnesota. MOTIOV BY MH. KONDRICK, SECONDED BY 11R. SABA, TO OPEN TNF. PUBLIC HEARIP7G. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIS'^ DECLARED THE PUBLIC NEARING OPEN AT 9:29 P.M, Mr. Rohinson stated this property was located east of �ld Central and north of Rice Creek Rd. It was zoned C-1, local co�nmercial. There was approx. 96,900 sq. ft. or 2,3 acres involved., which was all of Lot 17 and 18 owned by Mochinski and the west half of Lot 16 which was owned by the I�RA. Mr. Rohinson stated the proposal was to rezone to R-3 in order to allow the constri►ction of 19 s�ngle far�ily attached townho�ises. The density. was 5,103 sq, f�t, of lot area per unit or 8.5 units per acre. That was a moderate density for a townhouse develor�ent �•rhich generally ranaes in dPnsity fror� 8-12 units �er acre. The units would range in size fr�r� 1,100 - 1,5�0 sq. ft. selling in the mid 57�,000. Each v�ould have a douhle car garage and there would be room for two cars for visitor parkinc� behind the garages. P1r. Robinson stated they have worked with the developer to cor�e up ��ith the best townhouse plan, and �tr. Plochinski was willinq to go along with the followinc� stipulations recor�ended by Staff: 1. Provide an aoproved landscape plan, including berminq of boulevards. 2. Provide autor�atic sprinkling of all lawn areas. 3. PetitioRer to provic�e an approved storr� drainage plan. 4. Obtain townhouse plat approval and record with City approved covenants prior to second readin� of rezoninq ordinance. 5. Provide a tot lot area with equipment prior to occupancy. 6. Park fee of �500 per unit to be paid with each buildinq permit. 7. Provide a 6 ft, high solid wood screening fence between thP project and adjacent to R-1 land. 8. Rezoning is for townhouse plan as propose�l only. 9. Work with staff to identify guest parking locations 10. Petitioner to agree to pay for utility and street assessments (not includinq new storm drainage pipe). 2C PLAr�NIrJG CnttfIISSI�t� t1EETINr,, JUNE 18, 1936 PArE 14 �1r. Rohinson stated the petitioner has gone to the HRA, and the HRA has tentatively agreed to assist him because of the severe soil correction costs. Mr. Robinson stated this was a similar developmPnt to the one on Silver Lake Road across from Apache Plaza. � ��tr. Richard Ptochinski stated he has been tryin� to sell this property for sor�e tir�e, and he has had a number of pro�osals--manufacturing, storage warehouses, offices, etc., but he had not had any luck p!uttinq the numhers toc�ether. Then, it was brought to his attention that the be��. possiblP 'use for the land wou]d he t�a�nhouses, one in a moderate price range, because of Ziebart and a moving ar�d storage company right across the street, tle stated the �roperty does not lend itself to co�mPrcial because of the traffic. �tr. Flochinski stated one of the difficulties was the poor soil. The cheapest bid so far was 5150,000 to take out approx. 7'-Z ft, of bad material and replace it with granular fill, so their cost projections are even hiqher than when they originally started. Right nov� it was borderline with the number of units they have. Anything less than that would make it very difficult to put thP package together, Mr, ari�n Peterson, 1340 64th Ave., stated his main concern was drainagP in the soil. There was a drainage ditch on the south side, but what about the north side? They have all kinds of water problems on the north end where the houses are. He stated he also felt a townhouse development would depreciate ti�e value of the sing�e family homes in the area. Mr. Kondrick exp7ained that one of the stipulations recommended by Staff was that the petitioner had to provide an approved storm drainage plan. Ptr. Rohinson stated the developer ��ould have to cluarantee that run-off fror� the new development would not exceed the rate before developr�ent. �tr, hlark Schwartz, 1372 64th Ave., stated draina�e was also one of his r�ain concerns, other than that he was opposed to the developr�ent. It was too many units, and a townhouse development would not fit into this area at all. It is all R-1, single family homes, and small husinesses. He stated there v�as a big water problem right now; it was �orP than just getting adequate drainage on the new development. Mr. Oquist stated the plan was to ensure that the probler� was not any worse than it is today. The development would not improve the present situation, but it would not make it any worse. Ms. Lavonne Kawski, 6391 Central Ave., stated this property shared her back' property jine. She was thoroughly a�ainst the �roPosal. There were too m�ny units and it Kould create too nuch traffic. She felt ail their property values would go down, and she would much rather see a business go on this property. 2D PLANNItlG C�HttISSIOt� HEETING, JUNE 18, 1986 PAGE 15 Ms. Jean Schwartz, 1372 64th Ave., stated they just bought their hor�e in February. They checked with the surroundinc� zoning before they bought their home. If this property had been zoned residential, especially roultiple, � they would not have bought. They decided to buy because the property was zoned C-1, light corm�ercial, a business that is there during the day and. gone at night. They were opposed to the massive 19-unit townhouse complQx. Also, Old Central was already a very busy road. They would he talking about a lot r�ore people coming out onto Old Central. �bviously, their property taxes are not going to go down even their real estate value will if the development goes in. �1r. Brian Peterson stated that as far as rezonin�, he would rather see the property zoned in the residential direction, rather than co�mercial. Idealistically, he would like to see it zoned R-1, but that might no�: he feasible with the high water table. He stated he was not too happy about the density. He did not think going to multiples woiild decrease their property values that much. As stated earlier, his r�ajor concern was the drainage. ��s. Jackie Caleror�, 6401 Central, stated she was totally against this clevelop- ment, because of the drainage problems, the extra children in the arPa, the noise and the traffic. It was just too many people for this size an area. Mr. Joe laelson, 1357 64th Ave., stated he was aqainst the proposal hecause too many units were being proposed. He would not like to see FO-80 people living in that area. MO^_'ION BY t1P.. SABA, SF.CONDED BY MS. SHEREK, TO CLOSE TNE PCIBLIC NF.AP.IP/G. UPON A VOICE VOTE, ALL VOTIIIG AYE, VICF.-CHAIRPERSO�J OQUIS'" DECLARED TNF. PUBLIC NEARING CLOSED AT 10:15 P.M. Mr. Betzold stated it seemed there were two issues the Commission was facinq: 1. The rezoning issue. That cannot be taken lightly, because once property is rezoned, it does affect the character of the neic�h- borhood. One thing they have to kPep in mind in the rezoning question was ihat Old Central was n�t the same as it was years ago when it was th� rrr�in thorougt�fare from tlinneapolis. It is goinc� to be closed down even more once the Lake Pointe Corporate Center �s developed and once the �loore Lake access is closed from the south. He did not realistically think this area was ever going to be a commercial area. 2. The residential issue. If the property was rezoned resiciential, ' was this the right way to do it? Normally, from a townhouse stand- point, this proposal was on the 7ow side of the density. t�tr. Kondrick stated he agreed that the density was low compared to the size of the property. Considering the entrance and exits to and from the property PLANNIP�G COMHISSIOP� MEETING, JUNE 78 1986 PAGE 16 and the green areas, if the developer was willing to agree to all the stipulations, he felt this would be a good develop�ent. Ms. Sherek stated the hope that was expressed by a few people that this_, property could possibly be developed long range with single family dwell�ngs was not feasible due to the poor soil conditions. The hope was for either a light corim�ercial or a residential development such as the one beinq Proposed, because the cost of single family housir�g would be prahibitive. The oti�er question �,►as whether it would be desirab7e to �iev��Q� single family wlth what is already across the street from this property. �ir. Saba stated stipulation #8 that the rezoning was for the townhouse plan as proposed onl was a very important stipulation. h1r. Oquist stated that from a density standpoint, the proposal did not seem unreasonable. This property would be hard to develop as commercial. The drainage plan ��ill have to be very strict to make sure the drainage is controlled in thP area. MOTION BY P1S. SHF.REK, SF.CONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COI'NCIL APPROVAL OF RE7.OPJING REQLIEST, ZOA �f86-03, BY RICHARD MOCHINSY.I, TO REZONE FROM C—I (LOCAL BUSINESS) TO R-3 (GENERAL MULTIPLE DWELLING) OPI LOTS 16, EY.CEPT THE EAST 199 FEET THEREOF, I7 AND 18, BIACK 2, SPRING VALLEY ADDITION, ALL LOCATED IN THE SOUTH HALF OF SECTION 13, T-30, R-29, CITY OF FRIDL�'Y, COCINTY OF ANOKA, MINNESOTA, 41ITH TNF. FOLLOWING STIPULATIONS: 1. PROVIDE AN APPROVED LANDSCAPE PLAfl, INCLi1DING BERMIPIG OF BOULEVARDS. 2. PROVIDE AUTOMATIC SPRII.'KLING OF ALL LAWN AREAS. 3. PETITIONER TO PROI�IDE Ah' APPROVED STORM DRAIPIAGE PLAI'1. 4. OBTAIN T04lNHOi1SE PLAT APPROVAL W+D RECORD GIITN CZTY APPROVE'D COVENANTS PRIOR TO SECOND READING OF REZONING ORDINANCE. 5, PROVIDE A TOT IAT AREA WITN EQUIPltENT PRIOR TO OCCUPWdCY. 6. PARK FEE OF $500 PER Ui7IT TO BE PAID WITH EACH B1IILDING PER'fIT. 7. PROVIDE A 6 FT. HIGH SOLID WOOD SCREENING FENCE BETWF.EN PROJECT AND ADJACENT TO R-1 LAND. 8. REZONING IS FQ2 TOGIIJHOUSE PLAN AS PROPOSF.D ONLY. 9. WORK WITH STAFF TO IDE?dTIFY GUEST PARKIPIG LOCATIONS. 10. PETITIONER TO AGREE TO PAY FOR UTILITY AND STREET ASSESS1dEP7TS (NOT INCLUDING NEW STORM DRAINAGE PIPE). UPON A VOICE VOTE, ALL VOTING r"iYE, VICE—CHAIA.PF.P50X OQUIST DECLARED THE 1NOTION CARRIED UNANIMDUSL�. Mr. Oquist stated this iter� would go to the City Council on July 21. ISIDERATIQN OF Split off the Sou Subdivision No. 1 A LOT SPLIT RE UEST, L.S. �86-�5, BY TH th 150 feet of the lJ � 0 6, Auditor's 2 eing part of Flannery Park), the sar►e Avenue N.E., to be used as a residential lot. 2E �F � ZOA �8 -03 Richa c nsk �� _ 4 ) ENTE _ . EC /.3� ��, �E -- - �^�'t �LLA[Ji _ __ HI��F�lI�A�f � � f --- -- ; --� _ . ��7E.r•�.�: I13z ' !; � � ioo «' ; �J �N,� 5a S� zo � lf /ZS /1s /ss /ss /,r3 ; (�zs� � o (/ZSO� �/.260J , ,6 �' . ��, � �� ,�� A� �,,� �a ,7 � w * (/�� (�) � 1v . � _ �; �520� �440� �360� �2$O� �2P . m,�y`+; c�n) ' (60) ^ ,. 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INC. 13 6' , 0 .t ��♦ • j �.� � � � � � , , , . � � ` � � � � � \ \ \ � � . � � � � � �� . ♦ � IN . r- NORTH '�' _ 2�� _ � `�� \ � ' \ \ � �� 40' � ----- l.� \ \ 1 O � � ! � � � i :, !� N '- � � ` \' � � �. � \ ` � ' - , �' � 2G J �� ; � _ - - -� 336' in N �� t �J �v ' . �_ . . - _____�� . __._ � _ ._ __.—--- ----r--_______._ -- __ _ , _ � ,,-- r_ ,;. �;- ___-- ,>, _ .;, : - __ - , _,.�: � - = - �►-__ _ ,__ / �� . \ �l�,. < wy w _ , ; �i� �' ,� �a�',:�'•. ��A�� . � -�' � �� ;.4�� r �1:'��,�; ,� _� . .�� Y I kS . � I � t 1 � I ' C. M \ . � �, . ,_` ?_ ��••`• �I "=,�_ �.• � . .. ,. .,' �; . ' ' t M.� [Y, :a 1w.r. . �` �.� i _ .. : . -- , ` , . �. �, • ' � ..�-- '�"'� . . ,. :.r - - _ _ . . _ - — - - - �. _ -- � r't "'�'qy,�_ - . . ��,,�• ' ;�.,W�<7d1`;i:�.��.�` :w.� .r�.�.�...� •� I : ^�i,�,tj��2:�`�/ ' r �p . � ^��r� v'1� ,.r - � � + . � � ,rua......s:i- a! . � � yy�� e .. �! �„� -. ,. -re..►I+` fi+!d?a.� �L'ri�??6t,br++ ��, {,qf�1r '+�F , } � �� a�^' k'r:+wa ,r�l{Mi`.�, rC. �,C*.s ��1"�!•'e"''y� , .. . ' � • � i�i" . , � , �. � ��'. �. . �.. .,� T � t� ...__ . . . "' . , ! - ; .�`.:`a. `�. � i� � ��;t�y.- . � . c• `:�t; { �. R i� �:� r �Ir � �T • .. �'��'��L �"`�j� ��a � �� A .t' 'y. _ r� �,� : �: � w '•: �. � .. .. �... ��` \ I _ _ P(JBLIC HEARING BF.FORE gIE QTY O�UD]CII.� Notioe is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Nbnday, July 7, 1986 in the Council Ciiaanber at 7:30 p.m. for the purpose of: Consideration of a Final Plat, P.S. #86-02. Creekridge Plat 2 by Richard Brickner, �hanas Blomberg and the City of Fridley, being a replat of that part of the West one-half of the Northeast Quarter of Section 13, �-30, 1�24, described as follvws: Commencing at a point which is 742.5 feet North of the Southwest vorner on the West line of said quarter section and 467.5 feet East on a line which is parallel with the South line of said quarter section; thence East on a line parallel with the South line of said quarter section a distance of 412.5 feet; thence South at right angles and parallel with the west line of said quarter section 107.25 feet; thence West parallel with first course a distance of 412.5 feet; thence North a distance of 107.25 feet to glaoe of beginning, containing one acre and two and one-half rods more or less according to the Gwerrynent survey thereof, also described as p�rt of Lot 6, Auditor's Subdivision No. 10 and now knc7wn as Lot 14, Revised Auditor's Subdivision No. 10, except the East 249 feet, front and rear, according to the plat thereof on file and of reoord in the office of the Registrar of Titles in and for Anoka C;owzty, Minnesota, and al so that part of Lot 6, Rev ised Auditor' s Subdivision No. 10, described as follaws: Coat¢nencing at a point 467.5 feet East of the Southwest wrner of said Lot 6; thence North garallel with the West boundaty line of said Lot 6 140.25 feet; thence East �rallel with the South boundary line of said Lot 6 412.5 feet, more or less, to a point in the East line of said Lot 6; thence South along the East bo�dary line of said Lot 6 140.25 feet to the Southeast oorner of said Lot 6; thence West along said South boundary line to the point of beginning, EXCEPT the East 249 feet, front and rear, according to the plat thereof on f ile and of reoord in the Of f ice of the Registrar of Titles in and for Anoka CAUnty, Minnesota, and also all of Outlot A, Dennis Addition, excepting therefrom the East 249 feet and excepting theref rcm the West 417 .5 feet, according to the map or glat ��e�eaf or� fi�e and af record in the office of the Registrar of Titles �n an�I for Anoka Gounty ► Minnesota. and al so all of Lot 1, Block 1, Hidden Woods, and also all of Outlot 1, Block 1, Gena-Rae �ddition, all lying in the North Ha1f of Section 13, �30, R-24, City .of Fridley, Qounty of Anoka, State of Minnesota. Any and all person desiring to be heard shall be given an opportunity at the above stated time and plaoe. Publ ish : J�e 23 , 1986 J�e 30, 1986 LII2CiY OQUIST V I(E-CI3AIR pj,p�i1NING �NA'lISSION 3 RICHARD BRICK��ER P, S, ��86-J2 STIPI!LATIO�IS 1, MR� BRICKNER TO PAY THREE PARK FEES OF $I,SOO EACW WITH FIRST THREE OF FOUR BUILDING PERMITS� Z� PENDING ASSESSMENTS PLUS INTEREST TO BE PAID WITH THE BUILDIN(= PERMITS ON TRACTS C AND �, 3� THE NECESSARY PROpERTY BE SOLD TO THE DEVELOPER, 3A 3B CITY OF FRIDLEY PLAtJNItJG COt41ISSI0t� MEETIt�G, Jl1NF 4, 1986 CALL TO ORDER: 'Acting Chairperson Kondrick called the June 4, 1986, P1 ning Commission meeting to order at 7:34 p.n. ROLL CALL: Menbers Present: Dave Kondrick, Dean Saba, " hard Svanda (for IJayne IJellan), Donald Betzold �lembers Absent: LeRoy Oquist, Sue Sh�ek Others Present: Jim Robinson, P1 ning Coordinator Jock Robertso Corranunity Developnent �irector �lyron Ostlu , 14�0 66th Ave. td.E. Richard B ckner, 1233 12th Ave. N.IJ., New Brighton R. Podv' , 1391 �lississippi St. N.E. Jon achel Gottwald, 1415 Plississi�pi St. �J.E. Ro t& Doris PJelson, 1439 tlississippi St. N.E. eph Menth, 1388 66th Ave. N.E. APPROVAL OF �Y 28, 1986, PLANPJI��G CCNI�1ISSION MI�JUTES: MO"_'ZO�tlR. SABA, SECOPIDED BY MR. SVANDA, TO APPROVE THF. MAY 28, 1986, PLANNING CO:fMI ION MINUTES AS 6:RITTETI. N A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPF.P.SON KONDRICY. DECLARED THF. ION CARRIED UNANIt10USLY. 1. PURLIC HEARI�lG: CO�JSIDERATI��J OF PRELI�1ItJARY PLAT, P.S. #86-02 CREFY,RIQGE ICH R� RICYr�ER, HOt1�s LOt1BERr,, tJD THF CITY nF FRIDLEY: Consi Pration of a Pre iminary P at, .S. 86-02, Creekr� ge Plat hy Richard Brickner, Thomas f3lomberg and the City of Fridley, being a r�pla± of that part of the IJest one-half of the P�ortheast Quarter of Section 13, T-3�, R-24, described as folla��s: Co�encing at a point which is 742.5 feet Plorth of the South�vest corner on the l•lest line of said quarter section an�f 467.5 feet East on a line which is paralle? with the South line of said quarter secti�n; thence East on a line parallel with the South line of said quarter section a distance of 412.5 feet; thence Snilth at right angles and parallel a�ith the west line of said ouarter� sQCtion it�7.25 feet; thence ��lest parallel with first �course a distance of 4i2,� ��et; thence t�orth a distance of 1Q7.25 feet to �-place of beginning, conta;ining one acre and two an�i one-half rods more or less according to ihe Gau�+�nment survey thereof, also described as part of Lot 6, � Auditor`s Subdivision No. 10 and nov� known as Lot 14, Revised Auditor's Suh- division No. 10, except the Ea�t 249 feet, front and rear, according to the plat ti�ereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota, and also that part of Lot 6, Revised Auditor's Subdivision No. 10, described as follows: Commencing at a point 467.5 feet East of the Southwest corner of said Lot 6; thence ��orth parallel 3C PLAtJNI�JG C0�'it1ISSI0N MEETIW� JUNE 4 1986 PAGE 2 with the l�est boundary line of said Lot 6 140.25 feet; thence East parallel with the South boundary line of said Lot 6 412.5 feet, more or less, to a point in the East line of said Lot 6; thence South along the East boundary line of said Lot 6 140.25 feet to the Southeast corner of said Lot 6; thence West along said South boundary line to the point of beginning, EXCEPT the East 249 feet, front and rear, according to the plat ther•eof on file and of record in the Office of the Registrar of Titles in and for Anoka County, Minnesota, and also all of Outlot A, Dennis Addition, excepting therefrom the East 24Q feet and excepting therefrom the West 417.5 feet, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Ninnesota, ahd also all of Lot 1, Block 1, Hidden IJoods, and also al� of Outlot 1, Block 1, Gena-Rae Addition, all lyinq in the North half of Section 13, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. MOTION BY MR. BETZOLD, SECONDED BY MR. SABA, TO WAIVE THE READING OF THF. PUBLIC HEARING PIOTICE. UPON A VOICE VOTE, ALL VOTIP7G AYE, ACTINC CNAIRPERSON DECLARED TNF. MOTION CARRIED UNANI?!DUSLY. 1HOTION BY MR. SABA, SECO?7DED BY MR. SVANDA, TO OPF.PI THE PUBLIC' NF.AF?ING. UPON A VOICE VOTE, ALL VOTING AYF., ACTING CHAIRPERSON KONDRICK DECLARED THF. PUBLIC NF.ARING OPEN AT 7:36 P.M. Mr. Rohinson stated the property �vas located north of Creek Park Li620 all of 2140 east of Centra] Ave. Proposed was a replat of four parcels, � alock 1 Hidden Woods. The Outlot 1, Block 1, Gena-Rae Nddition, and Lot I, � re�lat was being requested primarily hecause two large lots could be sub- divided into four buildable lots. In order for lot lfi2(l to gain access to Creek Park Lane, an easement must be granted across the northeast portion of Outlot 1, Block 1, Gena-Rae Addition. The City would retain o�•rnershi� of that portion of the property. Mr. Rohinson stated that lot 1620 was currently being assessed for sewer an�? water and street for two lots. t1r. Ri chard Pcadui n, 1391 Mi ssi ssi ppi St. N. E. , asE:ed that i f the Ci ty retai nPCi ownership of that corner caf the property in order for driveways to access onto Creek Park Lane, who held� liat�ility for thns? drive�+ays--the City or the honeo►�vners? Mr. Robinson stated the Ci��r was just grant�r�� access easement, and it would �be the owner's liability. It wasn't any diff erent than anywhere in the City �-where driveways cross city boulevards. Mr. Podvin stated he would like to state the follo��ing questions as "foocl for thought" for the Planning Cormission members: �1J PLI1NNIt�6 COPIMISSIO�� PIEETING, JUt�E 4 19f36 PA�F 3 1. IJhy would the son of a successful developer purchase landlocked property on ��ovember 15, 1983, unless he knert in advance that there would be a way to open up the land? 2. Did the fact that the school was p�t up for sale on April 14, 1983, have anything to do with his decision to buy the property? 3. How else could hP open this land without the corner of Gena-Rae? 4. Did it help to have his father, Tom Brickner, appointed to the Sites and �isposition Comnittee of the School Roard on Dec. 14, 1982? 5. �id it help him to have his father suggest to the City that thPy obtain Gena-Rae as a park knowing the road would be built to the north? 6. 7he City had a choice of running Creek Par� La►►e to the north, thus landlocking lots to the south, or runnin� it straight east anci west, and landlocking land to the north. Was the road run to the north because Brickner owns land there? 7. Did aricl:ner offer a snall strip of land for a walkatay in exchanc�e for the corner of Gena-Rae? 8. The walkway is approximately 2500 sq. ft. in area. The corner�is approx.8000 sq. ft. Is that a fair exchange for the taxpayer. 9. At the time Gena-Rae was condemned, the City ultimately pa�id the owners 76.5� per sq. ft. Usin� this as a figure, the Brickner strip is worth approx. 51,912. The corner of Gena-Rae, beinn approxi- mately 8,000 sq. ft., is worth approximately 56,12�, lPavin� a difference of S4,208. Is Brickner going to pay the taxpayers thP difference? 10. On tJovember 21, 1983, t1r. Boudreau stated,"The City needs a minir�um o f 3 to 5 acres." The park presently is down to 2.28 acres after subtracting the holding pond, the street, an d t he upusa b le 9 f o o t strip to the north of the street. The Planninc� Commission is no�•� considerinc� a plat submitted by Richard Brickner which �•�ill reduce the parE; even further, to a total of approximately 2.1 acres. Doesn't the Cityo uf Fridley have an engineer on staff creative enough to ma�:e use of the corner of the p�rk for the children of this area? � 11. At this time, sanebody is already buildin� a house on the Rlor�herg Zot inc)i�ded in the preliminary plat you are considering tonight. Beca��se Richard Brickner submitted this plat, we assume he is the one building. How can he be buildinn when his plat has not even had preiiminary appraval yet? 3E PLA!JNIt�G Cf1M�1ISSI0t� MEETING, JUNE 4 1986 PAGE 4 12. Based on all of these possibilities, could one not assume that the acquisition of this corner was cut and dried as far back as 1983? 13, tlayor Nee, in.1985, sare�ainhaspartsofathe�parkhas longCasnhe was question would alway � t�layor. Is he still the Mayor? t4r. Joe tlenth, 1388 66th Ave. tJ. E. , stated he shared sor�e of the same concerns expreseed by Mr. Podvin. He stated he was primarily concerned with the two lots from this subdivision thaare�sinqlecstoryhdwellinqs thatehaveabeenrtherey all the hor�es alona 6Fth Ave. for about 30 years. He viould � WouldrbedouttofCCharacter suchhasntwohstory � and that homes not be built tha hones or split entry homes. P1r. Richard Brickner stated he had no plans at this time for these houses, but he would keep Nr, hlenth's concerns in mind. Mr. Robinson statedtohbuildyaccertainPStyleeofhhouselethatawasuup•toihir�. Mr. Brickner chose Mr. P1enth stated•he would strongly urge Mr, arickner to consider building single story houses on 66th Ave. to maintain continuity in the neic�hborhood. t1r. Kondrick stated that P1r. Podvin haa some very valid concerns, and he urged Hr. Podvin to express these concerns to the Citv Council also as the City Council would make the final decision on this preliminary plat. Mr, Podvin stated tl�at because the City of Fridley felt it needed 3-5 acrPs of land for a park, the Gena-Rae property was condemned to use as a park. He stated the neighbors had a promise from Nasir� Qureshi, City Manager, that every square foot of this land would remain a park forever. Ne stated he had witnesses to that statement. It was his feeling that when lan�i is taken for a�ark, the land should re�ain as a�ark and not be given away lust s� ��1r, arickner can build houses. He stated it was sad v�hen tax revenue was more ir�portant than children in a neighborhood. P�itting driveways across that corner of land would make it unusable for children. This w�s thP builder's probiem, not the City's or the other property ov►ners'. He stated it was unbelievable that the City of Fridley would give away a corner of this park land for free. The taxpayers paid 56,200 for tl»t piece of land, an�i no�r the City wants to give it a�ray so someone can build on tv�o lots and put two driveways across it. Mr. �1enth stated he had attended the meeting ��hen the City said they had to �have a certain amount of s�ewhereaelsek� HeefPlt thisacorner PiecePOf1pronPrtY Creek School property or could he used as a tot lot or sor►ething. Mr. Robinsan stated he questioned the safety of having a part of a park across the stree� fra� the main part of the par�;. He stated Nr. Bric�neP�� pro�Prty is being assessed, and he should be allowed to huild on his p op. y• PLANt�I��G C�MMISSI(1N MEETIWG, JUNE 4 1986 PAGE 5 Mr. Podvin stated that by granting this easement, the City would be openin� up the north lots, but the south lots were still landlocked. He stated there were people in the audience whose double lots were landaboutdthatause of the way Creek Park Lane was put in, and they are not happy Mr. Brickner stated that most of the things said by ttr. Podvin had nothing to do vrith him personally. Ne stated with�nt66thaAvee,tand ifUhe islnot n two lots. He could still build two lots allowed the easement onto Creek Park Lane, he would want to make sure the assessnents are taken off that property. �1r. "1yron Ostlund, 1400 66th Ave., stated that when the Rice Creek School property was developed, it wasThevwa�PCreek ParkbLane was�developed didmopen landlocked land as possible. Y u� five lots. MOTION BY MP.. SABA, SECONDED BY MR. BETZOLD, TO CLOSF. THE PUBLIC HEARIl7G. UPON A VOICE VOTE, ALL VOTIr7G AYE, ACTING CHAIRPEP.SON KONDP.ICY. DECLARED TNF PUBLZC NF.ARI?7G CLOSF.D AT 8:20 P.M.. Mr. Svanda stated this land was conder�ned for use as a tions did that place on the City for uses other than a an extension of new homeowners' front yards? park. IJhat limita- park; in this case, 3F �1r. Rohinson stated that in discussion�s e t h a dP as s u ht�wouldl beWauthoPizedeto gran that the City was fee o��ners of the p p Y easements. He stated he did not know if th� 1P�� Wr�9htnnownis not doinc��the or a public purpose. The corner piece of p op y citizens much gaod. It is basically unusable and is landlockin� usable R-1 property. ttr. Svanda stated herdsd �heestreet fromRthPnmaintparttofuthe�parkhw�ul�irnot piece of property ac o be very wise. Mr. Betzold stated he was uncomfortable with the City retaininG fee ownership of a piece of property th�t was of absolutely no benefit to the City but was of benefit to the landowners• hoserreasonseshouldvbe�addressed atrthetf:i+i�n� the fee ownership, and r�aybe t landlocl:ed, and there ��as Council rneeting. Ne did not like ta see property the option to either exPand a�►t�Phe�developeds�des of the street or go aheaci and al l o�r the 1 andl ocl:ed 1 an 'Mr. Kondrlck stated he was the Chairperson of the Parks & Recreation Corrn�ission, and he sfiared some of the same concerns as the neicthbors about this oark. However, he did ac�ree with h1r. Betzold about ±his triingular piece of pro�erty; and since there did not seem to be any use for it, it �night as well he used PLANNIt�G COt1P1ISSI0�� 1EETIP�G JU��E 4 1986 PAGE 6 for access onto Creek Park Lane and open up theeWWlotstshe�feltvthatment. He stated that if it was advantageous for the n trianc�ular piece of property should be purchased by the homeowners or the developer. Mr. Saba stated he agreed with that. Mr. Robinson stated the issube�takeneupebyUthehCityaCouncilf an easement was an issue that would have to i�O:IDN BY MR. SABA, SECONDED BY MR. SVANDA, TO RECOMMEND TO CITY COi1NCIL APPROVAL OF P��IB��BERG,�AND THE CITYOOF FRIDLEY�SUBJECT2TOyTHECFOLL04'ItJG BRICKNER, THOM STIPULATIONS: 1. THAT THE PROPERTY BE SOLD TO THE DEVELOPER SO EASEMENTS ARF. NO NECESSARY. 2. MR. BRICKNER PAY TXREE PARK FEES OF 51,500 EACH �IITH FIR.ST THREE OF FOUR BUILDING PEA.INITS. 3. PENDING ASSESSMENTS PLUS If�TEREST TO BE PAID WITH TNE BUILDING PERMITS ON TRACTS C AND D. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CNAIRPERSON KONDRICK DECLARED THF. MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated this item would go to City Council on July 7. 2, ECEIVF MAY 20 1986, EP�VIROP�MENTAL �1inu not available at the meeting. 3. OTHER BUS LITY C0�1MISSIO�� MINI►TES: 3G a, Proposed Ord nce Change - Dean Saba h1r. Saba stated he ul� >jtP Councilmaechangettoh�rdinance�No�tt1155�1n7 consider recormiend�ng C Y regarding SwimmingvPoo�ound e dtbelow groundbpools�thetsamerasnfarPassthe that it treats abo e g height of fencing. d most of . Mr. Saba stated the State Code requir 4 ft. fencing, and so 0 the surrounding corununities. What the c ent code is doing is forcina people to build 6 ft. high feRCes around th ' yard or pool in addition to existing fencing for t�e express purpose o eting code. He stated it was virtuall,y imposs�ble fQ� a ch�� a�� a yard and fall into a poo7 that is alrea�y 4 ft. ��g� ��bave ground� pool . nged. He Mr. Saba stated he felt the fencing requ�re�e�nt should be round stated he had no problem with any of the requirenents for bel 9 pools; his objection was to the fencinq requirement for above qr d , v GR ♦ ��. �.-� , L.�r ot F�n/is� � � �.., a•�� i P.S. ;86-02 Q�`� � CreekriOge ��'� 2 � t � . � 's - r ��—� � � �� i�.1• �i �,rt� i : , f.. I/�l' % �"�, :.,, - I II�� w,7 w 7 I/� )� � t ; C h>D W –.�. e _ '`.,� . � w �� Z i .� �i [�` � � _��_. b Q . �J:� � � � — -✓• ' - _ ()!, �' ,I .. ' �� i . .,� ; � ��-ti 6 6 T y.. ' . J �• Q , � �1� 1 �iise � 1 ~` !'w.;� •i�7►iv • 2: W e.•,+�.. V_ :�-, 6 .• . _ � 'v) f_ � sN� � �,. 1S v r•!\� � �� ;1 �� cREEK PARK LN. =; �: � �•,.:_ • � ..,. •, �.- ; : ; � , -�- �.: �; , p ,�: : ..� :w o ., ; `i i c� � ,� ; �.. ? � . � :,- .,. =:' _. 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Iv../i; // / J 6�•w •�fit �I��it��w� /M�� •! � I .1 o r�i .v, a>.....� .vi;�:..; r.-s .� t.fs r+,.�..r/ sr � iw1 /�: Rt✓i,e/ A�/� 1NS J✓L/. Ni• 10. /��/✓I�L ��/V%E%E/ ow�►�i.ta /rl'�c�� I•°s4w�i ��w� .tvi✓i �i /I33 /�'•r•t.^e. A�tf✓ NtrQ..��• stiil 'IS J'ef�:t.t)� J�R.�/IS� C, f�► .! f�.i/iJ ��, s o, /!I c Tif.�..r E O/.r..�s7r n�re .7•r:�.srr �ie � . � !� f,Yf�/ B �T � � / N ��F I ��:o' 3L C¢EE�cR�a�E PA2K To� p �. PAQK ---- 97, �ss s� �+ = a..� 3 p c��s �oTA � Stre�t ___ a�, 390 �� -. 49 �4c�.� pr� ��yhi •r �Y T�e-�►�` T2�A.74�� 943 5�.�� = 0. �S A �=' C, �a N o -rc�► � : �w-�or- � E �-� �a6, 488 c��. — �:90 Ackrs ' �� r � � � .; _. . � ii �G �%%= -.�„Y r� /i5�� uT(� /j Liu :UTG /�'Z00 �_ �, r D ?_ v ��o ��rc � c; oou P�O %'OSE� �QEG/S TE'REI� L A NI� SU�YEY 3M P.S. M86-02 Creekridge Plat 2 . —?`} � �__ _ - �..�� .�. � : .� i �[er A, �IA�N/J w�o. / �� '� �Ji�� 1 % � �-' ^• � J • ' �A � ' h � B �� .�. �' i �� 1 � r� — � ._t _ ^`ii� �" �1.1 � � ,►t � � :: -� , . il : � �' / . a• iJ l. ' /r / � � � �`S � - � �"' � � � C �; . — fs �, � � �� : � 1 �;1 ��` � . �� , K— .Y��-...' ' „� j h � L. T � � `1 -� : .: :,� , ` � E . ',, ��G�I- '� n C �?EEK � �N � -- / �� ' � i . . � : �-. N�.'�ti�. �. �?+s �� l % � t �: I .r�..i: �'%�o' N � LANE �---- -- � ��. , ' : Q` � Q � i � � l� i ' .: : %- s: � � ' • ( �•: i• i� � i. i:� %� ♦ ,- � 1 �/ �' � o '�� ' F . `►. ; � I 0 ., :. ., �: , � . .� � :� ., � ,.. . J:%'� +, r� � ''. . � - j: , � � z � _ 1 `' ,l i�� 1Cii�l�iOw.• L�Ir %, ��KI i, �iIYIt/r %ri��J; �i1r//�% J E�tw •�Il�♦ 114r�•/��w� /r�� •% 0 0..%/�i% /�� f!I�w.l ��/fiiw� �Iif •% L��J �If��n✓ �� i iw� If; /PI�i1tI� I�r✓��!Ny .i✓�� /IRi• f�. ,�'o�✓.v� � f MErER �M'�►�i.r: /g'�c��n� ��%s4w�i ��w� J✓i✓ir •i /1!! /s ..v,Ivr. A!r✓ A'�.r a..��I�.. Ssii? 'r�.l ✓s��:� .tY J/ .�../ lfie� C.'ty •! fi.�/�j � %/5i�r�J E Q/�rwit7 /�7�. 10, /!/G /►e�e .:�•r•��set wir � f ir/7 � [J �� ` - PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City of Fridley in the City Hall at 6431 University on Monday. July 21, 19�6 in the Council Chamber at 7:30 of: of the City Council Avenue Northeast p.m. for the purpose Consideration of a Rezoning request, ZOA #86-02, by David Harris, to rezone from C-3 (general shopping center) to C-2 (general business) on the North 750 feet of the Northeast Quarter of the Northwest Quarter of Section 12, T-30, R-24, Anoka County, Minnesota, except the East 720 feet thereof, and except the South 300 feet of said North 750 feet and except the North 233 feet of the West 230 feet thereof. Together with that part of the North 750 feet of the Northwest Quarter of the Northwest Quarter of Section 12, T-30, R-24, Anoka County, Minnesota lying Easterly of State Trunk Highway No. 65, except the South 30G feet of said North 750 feet and except the North 233 feet thereof, generally located South of Osborne Road and East of Highway 65. Any and all persons desiring to be heard shall be given an opportunity above stated time and place. WILLIAM J. NEE MAYOR Publish: July 7, 1986 July 14, 1986 at the � 4A �� n��.�T��r_ rnM��TCC1nN MEETING. JUt�E 18, 1986 � 1. pROVIDE DRAINAGE AND UTILITY EASEMENTS ON FINAL P . REQUESTED BY STAFF. MENTS FOR ALF COST OF P�(;F. F Z. PETITIONER AGREES TO ASSESS VIRON ROAD I1�lPROVEMENTS. 3� pARK FEES ON FOUR LOTS TO AID WITH BUILDING PEFUfITS (SI�BJEC"' TO PREVAILING RATES} UPON A VDICE VOTE VOTZPIG AYE, VICE-CHAIRPERSON OnUIST D�CLAP.F.P TfIF. !�fOTION CARR NAI'1IMOUSLY. , quist stated this iter� would go to City Council on July 21. 3_ pURLIC HFAP,It�r: _ Rezone fror,� C-3 (general shoppinc� center) to C-2 (general husiness) an the North 750 feet of the Northeast Quarter of the Northwest �uarter of Secti�n 12, T-30, R-24, Anol:a County, Minnesota, except the east 720 feet thereof, and except the south 300 feet of said north 750 feet and except the north 233 feet of the West 23Q feet thereof. To9ether �vith that part of the North 750 feet of the Northwest Quarter of the Northwest Quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying easterly of State Trunk Highv�ay �lo. 65, except the south 300 feet of said north 750 feet and except the north 233 feet thereof. MO_TION BY �1R. BETZOLD, SECONDED BY MR. K0�7DRICK, TO WAIVE TNE RF.ADZPIC OF TFIF. FORI�AL PUBLIC NEARII7G 170_^'ICE. UPDA' A VOICE VOTE, ALL VOTING AYE, VICE-CNAIP.PERSON OQi1IST DECLAREn THT. MOTIOA' CARRIED UNAIVIMOUSLY. r.�risIDERATI��I OF A REZ�NI��G RFQUFST, ZOA ��6-02, Bv MOTIOPJ BY MR. SABA, SECOIJDED BY MR. KONDRICK, TO OPEN THF. PUBLIC HF.AT:INC,'- UPON A VOICE VOTE, ALL VOTIIr'G AYF,, VICE-CHAIRPEP.SO77 OQUIST DF.CLI�RF,D TF�F, PIIBLIC HEARING OPEP] AT 8:20 P.M. Ptr. Robinson stated this was the same pro�erty as discussed above. Th� zoninn was C-3, general shopping, and the proposal was to go to C-2, qeneral business. This was being done primarily so the smaller buildinc�s that are c�oinc� to be placed on this plat would not be required to set back 80 ft. �nstead of rox. 35 ft. The first building pronosec� for the area will be a dental lab, app 5,500 sq. ft., a one-story br�ck veneer building. That was all that was planned at th�s time. s Mr. Kondrick asked if the traffic situation had been addressed. • Mr. Robinson stated the city engineers feel the new road will facilitate the traffic. The prap�sed plan �s �nore of an office scale development. �dith tt�� c�wrent C-3 zo�ing, the developer could develop the area with a higher traffic volume. Staff feels C-2 is more appropriate for this intersection and will have less of a traffic impact on the surrounding area. PLANNIWG CONPIISSIOPJ MEETING JUPdE 18 1986 Pn� F � lNOTION BY MR. SABA, SECONDED BY MR. KONDRICK, TO CLOSE THE PUBLIC HF.ARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CXAIRPERSON OQUIST DECLARED TNF. PUBLIC HEARING CIASED AT 8:16 P.M. MOTIDN BY MR. KONDRICK, SECONDED BY MR. SABA, TO RECO1fMEND T�D CITY COITNCIL APPROVAL OF REZONING REQUEST, ZDA �l86-02, BY DAVID HARRIS, REZONE FROff C-3 (GENERAL SHOPPING CENTEP.) TD C-2 (GENERAL BUSINF.SS) ON THF. NORTH 7m03� FEET OF TNE NORTHEAST QUARTER OF THE NOP.THWEST QUARTER OF SECTION 12� _ , R-24�ANOKA CODNTY, 1fINNESOTA, EXCEPT THE EAST 720 FEET THEREOF, AND F.XCF.PT THE SOUTH 300 FEET OF SAID NORTH 750 FEET AP:D EXCEPT THE NORTH 233 FEET OF THE WEST 230 FEET THEREDF. TOGF.TNER WITH THAT PART OF THF. NORTN T530FERT24 OF THE NORTHWEST QUARTEP. OF THE NORTHWEST QUARTER OF SECTION 12, r . ANOhA COUNTY, MINNF,SOTA, LYING EASTERLY OF STATE TRUNK NIGHWAY PJO. 65, EXCF:PT THE SOUTH 300 FEET OF SAID NORTH 750 FEET AND EXCEPT THF. NORTH 233 FEF.T TNEREOF. UPON A VOICE VOTE, ALL VOTIh'G A1'E, VICE-CNAIRPERSON OQUIST DECLARED TNF. !NOTIDN CARRIF.D UNANIMOUSLY. Mr. Oquist stated this item would go to City Council on July 21. 4. PUf3LIC HEARIN�: COtJSIDERATI�f! OF A REZO��I��G RE UEST, ZOA #86-01 BY ICY.S N: Rezone fron R-1 one family dwelling) to R-3 (general multiple dwelli on the West half of Lot 4, all of Lots 5, 6 and 7, Lucia Lane Addition Count located in the North half of Section 13, T-3(�, R-24, City of Fr�. y, Y of Anoka, 1�1innesota. �,��= MOTION BY MR. KONDRICK, SECONDED BY MS. SHF.REY., TO OPEN �E PUBLIC HEAA.IP'G. ,r . UPON A VOICE VOTE, ALL VOTING AYE, VICE-CNAIRPF.RSON bQUIS^' DECLAP.ED THF. PUBLIC HF.ARING OPEN AT 8:I8 P.M. �r`��' �• Mr. Robinson stated this property was locateci on the northeast corner of Highway 65 and tlississippi St. and included Lots 5, 6, and 7, an�i the westerly ha�f of Lot 4. The property �,�as zoned R-1, single family, aft.1,or in a si�gie family �eighborhood.;.It consisted of approx. 64,000 sq. 1'2 acres. The proposal ►�as to rezone from R-1 to R-3 in order to facilitate a townhouse developr�ent of �Q'units. The proposed density was 6,4�� sq. ft. per unit. The allowable�nsity in an R-3 zone was 2,500 sq. ft. per un?t. Of course, that would 'to facilitate an apartr�ent building. The 6,4Q0 sq. ft. of lot area per uni einq proposed worked out to be about 6.8 units per acre. A typical townho density ranged fror� 8 to 12, so this was described as a ?very low dens' Mr. Robi on stated the proposal was for alI two bedroom units with double garag , 1 3/4 bath, ap�rox. 1,600 sq. ft., r�oi ir�cluding the garage. 4Jhen St looked at the plan, the,� fe�t 3t +�� se��ewhat unbalanced in that there re eight units for the �est portion and two units for the east portion. . .,, ,,,,',�:-�--i�ie:� :�� ;w----- - — (ttso) 1 � I .i/i61Ala/!/1 G � /So �S Ci�o/L. H�uo� � � �� . e I �. s.o ._. ..........-. . .......... ........... . .......... ........... • • � � � � � � � � • � I � • �iiiiiiiiii �:::::::::: ....- :-:.:�:: I..........., � .......... ...........� . .......... ..........., •.::::::::::, I. .......... 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J ��._'�I � �.. �__._�'�f�' '.".�. �_ �'_��.�_�� '�-� �E�n - — •-----.... _ _ _ RiGHT ELEV• %A"_=!_�o� --- � 4G m PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, July 21, 1986 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Final Plat, P.S. #86-03, by David Harris, A& R Addition, being a replat of the North 750 feet of the Northeast Quarter of the Northwest Quarter of Section 12, T-30, R-24, Anoka County, Minnesota, except the East 720 feet thereof, and except the South 300 feet of said North 750 feet and except the North 233 feet of the West 230 feet there- of. Together with that part of the North 750 feet of the Northwest Quarter of the Northwest Quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying Easterly of State Trunk Highway No. 65, except the South 300 feet of said North 750 feet and except the North 233 feet thereof, generally located South of Osborne Road and East of Highway 65. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: July 7, 1986 July 14, 1986 , � 5A DAVID N!�RRIS P , S ,� #,!�6-03 � STIPULRTIOPlS 1, PLAT APPROVAL CONTINGENT UPON APPROVAL OF REZONING� Z, PROVIDE DRAINACE AND UTILITY EASEMENTS ON FINAL PLAT AS REQUESTED BY STAFF� 3, PETITIONER AGREES TO ASSESSMENTS FOR ONE HALF COST OF VIRON ROAD IMPROVEMENTS� 4� PARK FEES ON FOUR LOTS TO BE PAID NIITH BUILDING PERMITS� �SUBJECT TO PREVAILING RATES�) , 5B PLANNING C0�1�4ISSION PIEETING, JUNE 18, 1986 PAGE 3 Mr. Rischall stated they do not think it will at this time. Riqht now t lot is striped for 51 spaces. It can be striped to 81 spaces if they el there is a need in the future, but for now they will stay at 51 as nq as they are within city code and the extra spaces are not needed. .' MOTION BY MS. SHEREK, SECOl7DED BY MR. BETZOLD, TD CLOSE THE� IBLIC HF.ARING, I1PON A VOICE VOTE, ALL VOTING AYE, VICE—CHAIRPERSON OQyIST DECLARED TXE PUBLIC HEARING CZASED AT 7:45 P.M. � MOTID.'�' BY MR. SABA, SECONDED BY MR. KONDRICK, RECOMMEND TO CITY CDUNCIL APPROVAL OF SPECIAL USE PERMIT, SP #86-07, UNI^'F.D STORES, PER SECTION 205.15.1, C, 13 OF THE FRIDLEY EITY CODE ALIAId WHOLESALE/WAREHOUSE ENTER— PRISES THAT DD NOT MEET AN INDUSTRIAL TING THAT HAVE CONSIDERABLE CUSTOMF.R COPITACT AIJD HAVE NO OUTSIDE STORAGE MA_TERIALS, INCLUDING FURNITURE, HOME BUILDING SUPPLIES, AUTOMOBILE' SUP IES, ETC., OIV IAT 3, BIACK 1, TARGET ADDITIO!C, THE SAME BEING 785 — RD AVENUE N. E. , WITN THF. FOLLOt•IING STIPULATIONS: 1. PETITIONER TO PP. DE AN APPP.OVED LANDSCAPE PLAN AI'7D INSTALL BY OCT. 15, 19 , 2, PETITIONER PP.OVIDE AUTOMATIC SPRINKLING SYSTE�•! FOR LAWN AR£AS AN NSTALL BY OCT, 15, i986. 3. PETITI . R TO PROVIDE AN APPROVED STORM DRAINAGE PLAN AND INS L BY OCT. 15, I986. UPON A� CE VOTE, ALL VOTING AYE, VICE—CHAIRPERSON OQUIST DECLARED TflE MOTIO CARRIED UNANIMDUSLY. �: Oquist stated this item would go to City Council on July 7. — . � �.. 2. PU6LIC HEARING: CONSIDERATION OF A PRELIt1IPJARY PLAT, P.S. #86-03, BY VID HARRIS: A E� R Addition, heing a replat of the North 750 feet of the Northeast (luarter of the �dorth►•�est f�uarter of Section 12, T-3�, R-24, Anol:a County, 1�lnnesota, except the east 720 feet thereof, and except the s�uth 30Q feet of said north 750 feet and except the north 233 feet of the West 230 feet thereof. Together with that part of the North 750 feet of the North�vest Quarter of the Northwest (�uarter of Section 12, T-30, R-24, Anoka County, t1innesota, �ying easterly of State Trunk Hiahr�ay S;o. F5, except the south 300 feet of said north 750 feet and except the north 233 feet thereof. MOTID"1 BY MR. SABA, SECOP�DED BY MR. KONDP.ICK, _TD OPF.Id THE PUBLIC HEAP._T'IG. iIP01�' A VDICE i�OTE, AI;L i�OTZN� AYF_, VICE—CHAIP.PER.SOM OQ(IIST DECLAF'F.D THF, ± PUBLIC HEARING OPEI� AT 7: 47 P.M. Mr. Robinson stated this proOerty was iocated on the southeast corner of Oshorn? an� ��ghway 65. The property consisted of approx. 5.1 acres, and it was zoned C-3. The property was surrounded by some light industrial �� 5C PLAtJ�JING CQ�4IISSION MEETING, Jll�JE 18, 1986 _ PAGF 4 zoning, also. He stated the petitioner was seeking to replat the pro�erty into four lots that ranged in size from 31,00� sq. ft. to 71,000 sq. ft. The four lots all met code in terms of lot area, except Lot 2 which was 31,000 sq. ft. The lot area requirement for C-3 zoning was 35,000 sq. ft. The next public hearing wa; for a rezoning from C-3 to C-2, primarily so the setbac�k requirements and the lot area will be lessened. The lot area requirement for C-2 zoning was 20,000 square feet. Mr. Robinson stated that presently Viron Road was being reworked. This imProvement is being assessed to this platted property. P1r. Robinson stated Staff was reco��ending the following stipulations: 1. Plat approval continc�ent upon approval of rezoninq. 2. Provide drainage and utility easenents on final plat as requested by Staff. 3. Petitioner agrees to assessments for one-half cost of Viron Road improvements. 4. Park fees on four lots to be paid with building permits (subject to prevailing rates). t1r. Harris stated they have moved t{�e line hetween Lots 1 and 2 s� both lots meet the 35,000 sq. ft. requirer�ent. This makes it so the easement does not run do�rn the center of tf�e property line, but all the easements ��ill be in Lot 2, This gives Lot 2 the necessary square footage. Mr. Harris stated the f,ity Attorney was investic�atinq the ahandonment of the sewer line easer►ent that runs nortl� anci south. That was a private ease- ment put in in 1967 by the oriqinal o��mer of the property and it goes to Mr. Maxwell's property which is the 4'2 acres to the south. Mr. Harris stated that to his knoa�ledge, this easement was never a matter of record, so there was sor�e question as to whether that north/south sevrer line easement a�ill continue other than to serve the purposes of the City and whether it should extend through Lot 3. It serves no useful purpose for the pro�erties that exist there no►•�. He was sure ttr, tlaxwell ►vould r�ise a concern about that line a]so. He stated this question will be answered prior to any fin�l action by the City Co�ncil on this preliminary plat request. t1r. Harris stated the reason for the replat was to clean up all the errors and onissions that were col�ecte� in this survey. �1r. Robinson stated that based on the change in the preliminary plat by the petitioner, they could eliminate stipulati�n #1 hecause the r zoning N�a no longercontinger�� upQn rezoning if all lots met the plat 35,00� sq. ft. � ot area. 'Mr. Maxwell stated he owned the property directly south of P1r. Harris' prop?rty. The only concern he had was that his t�ro�erLy was 600 ft, deep. It �•�as too _ big a piece of property to be that deep and �sQiated J�y itself. He wondered 5D PLANNItJG Cf1MP1ISSI0P1 NEETING, JUNE 18 1986 Pnr,F 5 if the City had given any consideration to replatting that property or havino access to the back half of it in the event he should decide to break it up or deve7op it for a better tax base for the cor►munity. Mr. Robinson stated they have not looked at P1r. Maxwell's propert,y as part of the overall effort. He was not aware that Mr. 1laxwell was interested in splittinc� his property. until a rew days before the meeting. I�e stated the City really needed a plan ln order to design a road for it. City Staff would be glad to work with Mr. Plaxwell if he car�e �n wi th a plan. �4r, t4axwe1l stated he would explore some possibilities. One o'ther item he would like to bring up was that in a former hearinc� ��►ith the City Council, it was nutually agreed between Dave tlarris and himself that they would put a privacy fence between their two pieces of pro�erty by virtue of the fact that he had a mobile h�mP sales lot on his property. That lot is no�i com�lc�tc�ly un-ieve7o�ed and no business is beine� conducted on the property, so he �•iould lil:� to be release� �r�n tiir� sharing of a fence. t1r, f�arris stated he had n� objection to that. If, in fact, the property Y�as no± being used as a mobile home sales lot an�i would not be used, then he had no problem with there not being a fence between the two properties. Mr. Rohinson stated this would be noted in the minutes, and the City Council would address at the time they act on the preliminary plat. He woulci recommend Mr. Maxwell attend that meetinq or address a letter to the City Council statina his request. Mr. Maxwell stated he would attend the City Council meeting. PfOTION BY MR. SABA, SECOP7DED BY MS. SHE?.Et:, TO CIASE THE. PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIP.PF.P.SON OQUIST DECLAF.ED THE Pi�BLIC HEARING CLOSED AT 8:05 P.M. Mr. Betzold stated that regarding stip�lati�r �2 regarc+in� tFe drainage and iltilit�� easemerts, he would su�gest they leave the wordin� as it is. If there was a reascr to delete sor�e of the easements, that czr be dcr.e hefore tFe preli�r.inary F�lat reaches the City Courcil. !�lOTION BY �LK. SABA, SECON�ED E�Y MR. KGNDRICY., TO RF.COP1MEl7D TO CITY COir,�C7L APPROVAL OF PP.ELIhlINARY PLAT, P.S. �`86-03, BY DAVID HARRIS, A 6 R ADDITIOIi, BEING A REPLAT OF THE NORTH 750 FEF.T OF THF. NOP.Tf'EAST QUARTER OF THE NOA.TH- WEST QUARTER OF SECTION 12, T-30, R-24, AP70Y.�'i COUP7TY, 14INNESOTA, EXCF.PT THE EAST 720 FEET THEREOF, AR'D EXCEPT TXE SDUTH 300 FEET OF SAID NORTH 750 FEF.T � AND EXCEPT THE NORTH 233 FEET dF THE WEST 230 FEF,T THEREOF. TOGETHF.P. FIITH THAT PART OF TFJF. A'ORTH 750 FEET OF THE NOP.THYIEST QUARTER OF THE NOP.TFi6lEST QUARTER OF SECTION 12, T-30, R-24, ANOKA C01119TY, MINNESOTA, LYII'7G EASTERLY OF STbl E TRUNK HIGHWAY }V'f�. 65„ EXCEPT THE SDUTH 300 FEET OF SAID 110P.TN 750 FEET AND EXCEPT T'HE IdDRT'�i 233 FEET THF.P.EDF, WI?'H THF. FOLLOWII7G S^'IPULATIn11S: 5E PLANNIt�G C(1Mt1ISSI0N P1EETI�JG, JU��E 18 19$6 P��F F 1. PROVIDE DRAINAGE AND UTILITY EASEMENTS ON FINAL PLAT AS REQUESTED BY STAFF. 2. PETITIONER AGREES TO ASSESSMENTS FOR ONE-HALF COST OF VIRON ROAD IMPROVEMENTS. 3. PARK FEES ON FOUR IATS TO BE PAID WITN BUILDING PERMITS (SiTBJEC^_' TO PREVAILING RATES}. UPON A VOICE VOTE, ALL VOTI�IG AYE, VICE-CHAIRPERSON OnUIST D°CLARF,I� TFIF MOTION CARRIED i1NAA'I!lOUSLY. �4r. Oquist stated this iter� would go to City Council on July 21. 3. Pl16LIC HFAP,I��G: COl�SIDERATI��! OF A REZO��ING IEST. ZOA �R6-02,_QY Rezone from C-3 (general shopping center) to C-2 (general husines on the North 750 feet of the Northeast Quarter of the Northwest Ruarte of Secti�n 12, T-30, R-24, Anol:a County, Minnesota, except the east 720 _et thPreof, and except the south 300 feet of said north 750 feet and ex pt thP north 233 feet of the West 23Q feet thereof. Together with tha part of the North 750 feet of the Northwest Quarter of the Northwe Quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying easter of State Trunk Higha�ay ��o. 65, except the south 300 feet of said no h 750 feet and except the north 233 feet thereof. t10TION BY A1R. BETZOLD, SECOA'DED BY MR. KD?:DRIC , TO WAIVE THE RF.ADIPIG OF '_�'F1F. FORI�:AL PUBLIC XEARII7G lI0^_'ICE. UPON A VOICE VOTE, ALL VOTING AYE, VICE-C IP,PERSON OQUIST DECLAREI� TIIF' MOTIOA' CARRIED UNANIMOUSL�'. MOTIOfI BY MR. SABA, SECOPIDED BY MR. ONDRICK, TO OPEN THF. PUBLIC HF.JI*?INC;. UPON A VOICE VOTE, ALL VOTING Alj'� VICE-CHAIRPEA.SD77 OQUIST DECLARF.D TN.F. PUBLIC NF.ARING OPEC7 AT 8:10 P� �1r. Robinson stated this w the same property as discussed above. The zoninq was C-3, genera7 shoppin , and the proposal was to go to C-2, qeneral business. This was being done pr' arily so the smaller buildinc�s that arP goinc� to be placed on this plat uld not be required to set back 80 ft. instead of 35 ft. The first ldin� Qroposed for the area will be a dental lab, approx. 5,500 sq. ft., a e-story brick veneer building. That was all that was planned at this ime. .Mr. Kondric�sked if the traffic situation had been addressed. ' Mr. Robi on stated the city engineers feel the nev� road will facilitate tt� tr fic. The prapased pla�n is more of an office scale development. Idith he current C-3 zoning, the deveZoper cauld develop the area with a hi er traffic volume. Staff feels C-2 is more appr€�priate for this ' tersect�on ana wil� have �ess af a iraffic ��Ract an the surrounding area. � ; �. �.-1��: '' :�----- -- I �:s�e� � slie.y�oif/10 � /J� 9,f y� Ci�o/L. /i'�wtron . � �) � � Z,o -- ..........-, . .......... . •.�.�:::::: � , ,• :•:::::::: :� � i ^ • � � �: I ' O Z _� } �_ P.S. #86-03 A & R Addition - -• �' ��«,, �w M� .I�sYfFwt/ /I/ .Il, �� Ocr Rt,r/f1' �"P• �L J IMl.4. /s) , ---- a ~ -- '�J -- ,�� — �— _ � , �,� ,, c...idE- � �% ` r.�.��.� � _ Z (. � 0 N � �� h i ._. � �� , - ,� ('�lRfi) ..,�o.�:� i ! �.:�i.i � - _ 11►' I 5F � o..� SE /s , •- e- --- �----T-�=�. ----:�`°�' '�. . � : � �, N ss ��' . i. s•..� �o fo ��n % ' � '� ' " f= , �/ZO) ' . �b0) (%O, ,..�o . � 3 2 � I <''� A DER ON � -o � , 47p,LA • �oo � • . , ', , . • . ��0) \ . � 4 � � (Z4o) J • �r3) � � �� 5�� 1 =.a �: � DEVELOPMENT . 6 ; �yo� ��...... -- - �� . /L )�O,' l�i.,ov, Red/r, �wr. /.u�yeJ (*zo� > ill.//b/� 60�irsi/fi !is/OGood � 3 .f ' •i,. Y�: y a .; � � 1 � - . � I F (� �; �1 (• � I' �, � i I . � � � 5G � TK��..�i��K i�i y r i �v i� �/ ir�ll �.�. . Sto/C Trunk Ni hvvay No. C5 I E-asI[rly ri�hf oi�py /in� oi' � No'.sc:�..w V✓ts/ /int o�'/he N�% o�/ht �/W'/a o�.�clion !2. '{ 2 f 7 �' --. _ —i -- -- - _ '� V 1 QO N DA D `' � �„ ,�,. ; - ,:, y � .5 � �.^ � o � . _ v ; � ° �- �9�-- - —� I I � f� !72 i � I � � � 33 � - I J 3s I �i , �J _ . �—_ ;'� I � I v -. _ _� � �� , � � y I � � � c,� � �� i � �� - A °p � .� ! � .. �s O � cn° w 1 � C' I r O %� I ; � a� O � � I � �� ! � � � "' � � � =�; N � O I � „ �, I � , � � �� r---�,•;;.. ° � � � ' • � -- II----J �1— -- � , �� o � a — - �- 23 �. crn , � ; �_ _ � Z O ! '� ' v i � l� � nrn's9'a3-w ,� � , `�'. ; z� � 33.n4 � , � ; �- � � A D A �° �. r A vraoN Qv � � . , � — �- o i � �� . iii 7o S3 a� I ;� '1� �� u � �,4 I � `*',3. i , c= � � � �;�i �. � j � � � _--. ' �`. — _ � - � � -. i , o_ G A� _ � � � ' � ' n � i � �. � n� � � �; ,�, . ; -- - (� � ti � . ' ' i- 'J� `� � ^ ` I -. % N i � � �� ,. � � � � - �t � �> � ,iI- � �x-� �� s.� _�.. I � � I jn � .. :N . i � � � � I � • �- _'_ _ A (y ' �,,.. - —a � �- -- �-- --- ---_ --- t o � •J -- — -- -- � � %" �- - ----- — , v .., o a __ _�� ' � — -- �'—" --- -- -. ry r . - --- -- c � (� -- - . Z i.i W N � . Z�S• �5 • ° � � �� i ;; . ; - , � O �� r > • _ ;i .� �� = O ' ' 4 � ,i f.� W G _\ - _•� 6. m �� I t' � � V1 '� � O \ _ � pp � _ _ . � , 1 t •�,� � � �� 33 � -,\ _ � ��•- �. - - - - � . �.. — __ -- -- � 5 � — — ---- � 33� :��V � ` - �,, � � , ,,� , ? .s tiv. � � I � � q '' sl'l84o•'E <: ,.. o `,� �s !/, n� oi /ht Ea s/ 7?0. 00 � o �' ihe /VE % o�h� /1/N/ f/ o�' SPCI:nn 12. i o '� � � I 9 �� July 10, 1986 ' City Of Fridley 6431 University Ave N, E. Fridley, Minnesota 55432 Attn: Darrel Clark, Building Inspector Dear Mr, Clark; We request that the City Council reinstate the request for variance granted to Mr. & Mrs, Patrick Finn on June 3, 1985. This was for our new home at 5202 Pierce St. N,E. The slowness caused by the glut of morgage applications caused this delay, We are now prepared to build immediately. Thank you for your consideration. Since y � O � Pat and Arlene Finn s � / i l" %- . ••, )�,M� „��1�IY�.. • 1�,.� Nl � a 1 `1�. Flora, R�lic Works Director, ireduoe the front yard sett�ack fran `of a new ciaelling with an attad�ed �.� � I� �:: M �.\ �, YYyV y:•�.� �bV�V� �.� V� �1 \. • v : t� stated this is a request for a varianoe to 35 feet to 15 feet to allaw aonstruction c�rage at 5202 Pieroe Street. ' Mr. Flora stated the prohlen with a�nstruct i ravine with a fast drop in el Evati on f ran ` exi sting houses on the east side facing Pi� + as varianaes were c�anted in 1979. He stai foot aetback. I�+�. Flora stated there is a the r�ew house has only a 15 foot settaack, : Mc. Flora stated a nunber of neighbors ther�ore, it was denied by the Appeals apprwal o� the varianoe fran the required io� on this lot is because of a 100 to 74 feet. He stated the roe Street are set back 25 feet, ed the house to the west has a 41 ten foot boulevard, therefore, if t would be 25 feet frcm the cvrb. spoke against the variance, Commission, but they reo�nmend 35 feet to 25 feet. 1�. FYnn, the petitioner, stated he has spoke with his neic�bors, since the meeting of the Appeals O�mnission, and the� are in agreenent with his plans. I� . Fi rn then sutrni tted a wp� a� hi s pl ans f ar thi s hane. Q»cilman Goodspeed stated, when the Appeal s Commi ssi on voted on thi s varianoe request, the� denied the varianve to 15 feet and rea�innended the 25 feet beca�se o� the neic�boz's opposition. He stated the petitioner has �ince met with the neighbors and they are in ayreement. He stated, ther �i or e, he f el t the Appeal s Oocmi ssi on woul d hv e remmnended appr av al if the r�ei c�b�r s had been in agreenent. 1�DTI,Q� b� ��ncilman Goodspeed to grant the varianoe to reduoe the required front yard set.hack frm 35 feet to 15 feet to allow the o�nstruction of a new daelling with an attad�ed c�rage at �202 Pieroe Street. Seo�nde8 by Qouncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee cieclared the motion carriec3 �animously. CL2. $FXZ��'1' �iR VART�N('F TO R�� SLDE �� SE'IBAGK FOR AN ATTACHED � , I�. Flora, R�hlic Wozks Dir ' r�„statea this is a request for a varianoe to reduoe the rs,uired side yara se an attacfied c�rage fran 5 fc�t to 2 feet to allc�w a 14 x 26 foot detad� �c to be attached and increasE t�e size t� 23 x 34 feet a.t 5272 Horiznn i�;}�►ir. Flora stated staff would re�ocirne�d rec3�cing the c$rage width to fee£� leave three feet fran the a�uth Froperty line. He stated the sout wall d also be a �'irewall with m openings. � -18- �, C� r�.�....�► �J 6 B . ..,.�.. _-�.�.« . -, . St• f , � E f ` � � ` S "1 St • ' � ��a f � . � • � a3 � 4� � �� t rj . z t� ' - W .. '� ,, � �- 1. = st61 stbo = NO O�/N c z x�. � � s V! � � , • �' , s st � �� i . � .. 2 . Z� �� ; ., rf S2 �1 525uo i St5 = � v ; � �� i � 4% ��; ' � " � Si � . � S +� .. � bz 8 Z Lt � S W St,�l S i� � zZ�� s .�� `.,, . � � �a� �� st�io � o �' �Z�� 5:3� J • , � 6LwO � 4. � s� d�t�j StyO Z ti2�� 52 0 � � S2�a :. _ � • � , Y � � � ! _ = _�>,. � .. �'� SZ20 = SZ21 ..,�. N :�SZ3 � St =�,� �� '-`r � 'r s � ~ S:, L�. SZ�6 t S2�� , Z�Z SZ v s�; ~ `_` � r �`SL�° ' ,.�..�� ) 6t�o'_ • � Ss o � Sioo s2�1 S2o . � S� �.g2po . �c•u' � ' � •w � � � � • ` S � •- , t ;► .. ,y - �� wr .-- __ _ � SZp 'r .' ♦. y - r pi !S2t�1 �� ' � ' � 1t � t ~ � � �. � • � ' .r � 1301 � � I 1 � 1 1S _ _ �! S , 'Gs� � � �' 0��.1 t r� (�+o) � AVE. N•E. : "' � . �,��G..q s':. N S` 9 � �� '�•..�. .�:� �:go 1� e �3io � ' . ,:� uM) � u \ � � I ! 1 � � � D �� s`�� 1� � � � � �•� � � .� � � .35. *�' `s r� � �'�� { 4_�Z�O 0 --/M.� �� ..�_. � r �✓�L `t r _ •iI' �� + i��f � , ,l - *� ` . r • s ! t �' a �s s;�a s Z,tc i �r rr �s n � ` ir � ' 1 ♦ � � � �� . �' . �f t � •� N � � � � « �r Ir xt �• sn � � ; ,t � .M� ''�`"`` � , `°� � TERR�CE ��y � f N .. .w,•. a : �, d�'r� . L,� . , . , �,�',� � � r � . � � a r j � � � t' � � � �� '� « wtwr w r �• � �� e ' � � / R �r 4 � • � I7 ` � ~ �� • t `;� � .�rr � � • If i Af �* � � S • �e. t„j�i-�1��` •t ; f , � �'� �� -•y;� , �� . � � �er i ` ^„�' . -.. f ,=� ! F � ► J� � N � � ' ��' � +: ` ` a ~ M � � i� t � a � ' . � _. �- ,,_ _ • s s .. - • `— � "� � � �r ,y . � ,b►4 � . s 1 � � - � �r �. e ! f � /! +'s � � : • �i+�• . � � ''� K � ��," ' '� ' ' II M Ii - ! � � � � � '� + i' ? .. ,. .. : ' p � , �;� , 6. � � :. • +��ACE � � '' " . M �N � � u � � •: w �� ~ :J �j � � . .� i � � f �ID s � � // � N . � �� . ~ .� � + 1 1 � � s �'?'� `� ' . I � w► I • M �� G,� c � +�. ~ � I/ � t a �� . s � s�. r a e► �. r � �'�� ' � � '�is �►. �� +f , �� a � �- ��... _ �j � � �' ..M�! . �. _ �C ! �I. � �� ti�v C�, � '. v,n / /� , ' 1 � I � J �� _ ��\� , , `�, , „\ � , J,r--_ ,l � ', , t � I � � i � � ��----� 4 I � i 1 \ `_ \' I � '''�, 1`, i _\\ � ' I , � \ ` � . � ��1' � / � �',,�' 1 , �,� � '�. ; � /"/ ,� a�a f � ; j�, f , / ;' � ' � ` � � l/ � � ° I � 1 � / � � i �I � i � /� ; � j I � i j !i � ' i�x�i /1 / - � ' l, ,- _�._M , / % ! � � e- O�; ,I � � � / . �-� /' / j I �.!�• % �/ ( ! : /�� —�_-� �' � � '' /�� / � �� i � ;, � ��,\ ; . �� \,, � � ; ,� , �., , \ \ � �� .. ., ; \ -, �,_ � \ � ``�,, '�� \ `` � -� � -, \ � \ `, 1 , � _ -- � � \ � 1 ; 6C � 0 ' FOR CONCURRENCE BY THE CITY COUNCIL -- APPOINTMENTS � July 21, 1986 (Tabled July 7) TERM APPOIIdI'EE F�PIRES Q1RFt�TI' MII�ER * : ��i� �� „ „� _ • �teve Billings 5215 Linooln St. N. E. (H. 571-5457) �� s • • �o- �• � � -ti �• Ma rga r et H endl e� 118 CYaig Way N. E. 1H. 571-2757) r.�a;�jr��..,�.� -� �., Diane Savac�e 567 R.ice Creek Terraoe _(H. 571-3 86 2 ) Jer ry Sher ek 1530 73 - 1/2 Avenue ( H. 7 84-6 444 ) :r 1'.• ? v• • Y •• ' 1`` I� Ik�l e �har,�pson 4976 3rd St. N. E. 1H. 572-86fs4) (B. 297-1802) �ruce Petersfln Reappoi r�ted C7�BLE TII,D�TISIIXd �I�'QSSIDN Dale Peterson Reappoi nted 4-1-88 4-1-89 4-1-89 4-1-87 4-1-89 4-1-88 4-1-89 4-1-89 Pat Gabel 5947 2-1/2 Street NE (H. 571-1288) Q arence (Ger�e ) Rezac 1561 Camelat Lane ( H. 574-0629 ) (vacated b� Louis Schmidt 10/85) Jean Gerou 16 50 Bri ardal e Rd. NE (H. 571-6736) JaQnes Plenel 6864 Q�aruiel Rd N. E. (H. 571-0026) (vacated b� P-dtricia Gabel 12/85 ) 'Ibni G ronl imd 7411 Lyric Larye (H. 786-7459) Bruce Peters�n 7503 Temp� Terr. NE ( H. 786-9898) Duar�e Peter son 1021 Hathaway Ln. t.E ( H. 571-33 86 ) 7 • •.. � �� • �.• �►� �. .. � -. �. Dick Yo�mq �ea 1.�roi nted Dani el All en Reap�i rited John Gargaro 6615 Fridle,� St. N. E. (H 571-6585) , �•. •• i �• Dean S�ba Reap�oirited Bruce Bondow Reappointed • �. � • �o-. �• � � u Q audia Dodae 701 P.ice reek Terrace (4��. 422-5199) Peter Pieroe Rea�poi nted Dick Storla 7548 Alden Way (h 571-67 26) 4-1-89 Dick Yo�mg 56 95 Qui nc,y St. N. E. (H. 571-8098) 4-1-89 • Daniel Allen 6200 Rioe Cxeek Dr. NE (H. 571-3137) 4-1-87 !�� 4-1-89 4-1-89 4-1-89 4-1-89 4-1-88 • 1� : �1 1 � If ' ?� ? � ' �� 1 1: �.' Y ' John E. Nie er � 868 Alden Way N E (H 571-5328) PCH� ICE CDIrl�Q.SS IIN riavis Hauc�e Rea,�oi rited zi/u Steve Nelson 6540 East River Rc]. #342 (H. 571-1484) Dale �anpson 4976 3rd St. N. E. (H. 572-8684) Dean Saba 6325 Van Buren St. NE (H. 571-1953) Bruce Bondaw 6616 Ceritral Ave. NE (H. 571-0163) Robert Minton 1538 N. Oberlin Circle (H. 574-1173) F�ter Pierce 572 Rice Creek Terr. (H. 571-7045) Harold Belgum 191 Hartrnan Gi rc1 e (H. 571-1191) Stev e B il l ings 5215 Linooln St. N. E. (H.571-5457) 6-9-91 Flmars A. Prieditis . 6031 Benj anin St. 2JE (H. 571-7230) 4-1-89 N'avis Hauge 645 67th Ave. i�'E (H. 571-1083) 7A ORDINANCE N0. AN ORDINANCE CREATING CHAPTER 608 OF THE CITY CODE RELATING TO A TAX IMPOSED UPON LODGING The City Council of the City of Fridley does hereby ordain as follows: 608.01. PURPOSE The Legislature has authorized the imposition of a tax upon lodging at a hotel, motel, rooming house, tourist court or other use of space by a transient; and The imposition of such a tax would provide funding for a convention and tourism bureau to promote the City as a tourist and convention center. 608.02. DEFINITIONS For the purpose of this Chapter, the following terms, phrases and words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the pesent tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 1. The term "director" means the Finance Director of the City. 2. The term "city" means the City of Fridley. 3. The term "lodging" means the furnishing for a consideration of lodging by a hotel, motel or rooming house except where such lodging shall be for a continuous period of 30 days or more to the same lodger(s). The furnishing of rooms by religious, educational or non-profit organizations shall not constitute "lodging" for purposes of this Chapter. 4. The term "operator" means a person who provides lodging to others or any officer, agent or employee of such person. 5. The term "person" means any individual, corporation, partnership, association, estate, receiver, trustee, executor, administrator, assignee, syndicate, or any other eombination of individuals. Whenever the term "person" is used in any provision of this chapter prescribing and imposing a penalty, the term as applied to a corporation, association, or partnership, shall mean the officers, or partners thereof as the case may be. 6. The term "rent" means the total consideration valued in money charged for lodging whether paid in money or otherwise, but shall not include any charges for services rendered in connection with furnishing lodging other than the room charge itself. 7. The term "lodger" means the person obtaining lodging from an operator. C�, 8A Page 2 - Ordinance No. 608.03. IMPOSITION OF TAX There is hereby imposed a tax of three percent on the rent charged by an operator for providing lodging to any person on and after August 1, 1986. The tax shall be stated and charged separately and shall be collected by the operator from the lodger. The tax collected by the operator shall be a debt owed by the operator to the city and shall be extinguished only by payment to the city. In no case shall the tax imposed by this section upon an operator exceed the amount of tax which the operator is authorized and required by this chapter to collect from a lodger. 608.04. COLLECTIONS Each operator shall collect the tax imposed by this chapter at the time the rent is paid. The tax collections shall be deemed to be held in trust by the operator for the city. The amount of tax shall be separately stated from the rent charged for the lodging. 608.05. EXCEPTIONS AND EXEMPTIONS 1. Exceptions. No tax shall be imposed on rent for lodging paid by any officer or employee of a foreign government who is exempt by reason of express provisions of federal law or international treaty. 2. Exemptions. An exemption shall be granted to any person as to whom or whose occupancy it is beyond the power of the city to tax. No exemption shall be granted except upon a claim therefor made at the time the rent is collected and such a claim shall be made in writing and under penalty of perjury on forms provided by the city. All such claims shall be forwarded to the city when the returns and collections are submitted as required by this chapter. 608.06. ADVERTISING NO TAX It shall be unlawful for any operator to advertise or hold out or state to the public or any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent or that, if added, it or any part thereof will be refunded. In computing the tax to be collected, amounts of tax less than one cent shall be considered an additional cent. 608.07. PAYMENT AND RETURNS The taxes imposed by this chapter shall be paid by the operator to the city monthly not later than 25 days after the end of the month in which the taxes were collected. At the time of payment the operator shall submit a return upon such forms and containing such information as the director may require. T,he return shall contain the following minimum information: 1. The total amount of rent collected for lodging during the period covered by the return. 2. The amaunt of tax requ�red to �e colZected and due for the period. � Page 3 - Ordinance No. 3. The signature of the person filing the return or that of his or her agent duly authorized in writing. 4. The period covered by the return. 5. The amount of uncollectable rental charges subject to the lodging tax. The operator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this chapter previously paid as a result of any transaction the consideration for which became uncollectable during such reporting period, but only in proportion to the portion of such consideration which became uncollectable. 608.08. EXAMINATION OF RETIJRN, ADJUSTMENTS, NOTICES AND DEMANDS The director may rely upon the Minnesota sales tax return filed by the operator with the State of Minnesota in determining the accuracy of a return filed under this ordinance. However, the director shall be authorized to make any investigation or examination of the records and accounts of the person making the return if the director reasonably determines that such steps are necessary for determining the correctness of the return. The tax computed on the basis of such examination shall be the tax to be paid. If the tax due is found to be greater than that paid, such excess shall be paid to the City within ten days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return. If the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who paid the tax to the City within ten days after determination of such refund. 608.09. REFUNDS Any person may apply to the director for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period, provided that no application for refund shall be considered unless filed within one year after such tax was paid, or within one year from the filing of the return, whichever period is the longer. The director shall examine the claim and make and file written findings thereon denying or allowing the claim in whole or in part and shall mail a notice thereof by registered mail to such person at the address stated upon the return. If such claim is allowed in whole or in part, the director shall credit the amount of the allowance against any taxes due under this chapter from the claimant and the balance of said allowance, if any, shall be paid by the director to the claimant. 608.10. FAILURE TO FILE A RETURN 1: If any operator required by this chapter to file a return shall fail to do �o within the time prescribed, crr shaZl e�ake, willfully or otherwise, an incorrect, false, or fraudulent return, the operator shall, upon written notice and demand, file such return or corrected return within five days of receipt of such written notice and shall at the same time pay any tax due on the basis thereof. If such person shall fail to file such return or corrected return, the director shall make a return or corrected return, for such person from such knowledge and information as the director can obtain, and assess a tax on the 8C Page 4 - Ordinance No. account of the tax for the taxable period covered by such return) shall paid upon within five days of the receipt of written notice and demand for such payment. Any such return or assessment made by the director shall be prima facie correct and valid, and such person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto. 2. If any portion of a tax imposed by this chapter, including penalties thereon, is not paid within 30 days after it is required to be paid, the City Attorney may institute such legal action as may be necessary to recover the amount due plus interest, penalties, the costs and disbursements of any action. 3. Upon a showing of good cause, the director may grant an operator one thirty (30) day extension of time within which to file a return and make payment of taxes as required by this chapter provided that interest during such period of extension shall be added to the taxes due at the rate of 10 percent per annum. 608.11. PENALTIES 1. If any tax imposed by this chapter is not paid within the time herein specified for the payment, or any extension thereof, there shall be added thereto a specific penalty equal to 10 percent of the amount remaining unpaid. 2. In case of any failure to make and file a return within the time prescribed by this chapter, unless it is shown that such failure is not due to willful neglect, there shall be added to the tax in addition�to the 10 percent specific penalty provided in A above, 10 percent if the failure is for not more than 30 days with an additional 5 percent for each additional 30 days or fraction thereof during which such failure continues, not exceeding 25 percent in the aggregate. If the penalty as computed does not exceed $10, a minimum penalty of $10 shall be assessed. The amount so added to any tax shall be collected at the same time and the same manner and as a part of the tax unless the tax has been paid before the discovery of the negligence, in which case the amount so added shall be collected in the same manner as the tax. 3. If any person willfully fails to file any return or make any payment required by this chapter, or willfully files a false or fraudulent return or willfully attempts in any manner to evade or defeat any such a tax or payment thereof, there shall also be imposed as a penalty an amount equal to 50 percent of any tax (less any amounts paid on the basis of such false or fraudulent return) found due for the period to which such return related. The penalty imposed by this subdivision shall be collected as part of the tax, and shall be in addition to any other penalties provided by this chapter. 4. All payments recei�ed shall be credited first to penalties, next to interest, an then to the tax due. 5. The amount of tax not timely paid, to�ether with any penalty provided by this section, shall bear interest at the rate of 8 percent per annum from the time such tax should have been paid until paid. Any interest and penalty shall be added to the tax and be collected as part thereof. 608.12. ADMINISTRATION OF TAX The director shall administer and enforce the assessment and collection of the taxes imposed by this chapter. The director shall cause to be prepared blank : � Page 5 - Ordinance No. forms for the returns and other documents required by this chapter and shall distribute the same throughout the city and furnish them on application, but failure to receive or secure them shall not relieve any person from any obligation required of him under this chapter unless it can be established that the required forms were not available from the City. 608.13. EXAMINE RECORDS The director and those persons acting on behalf of the director authorized in writing by the director may examine the books, papers and records of any operator in order to verify the accuracy of any return made, or if no return was made, to ascertain the tax as provided in this chapter. Every such operator is directed and required to give to the said director or to his duly authorized agent or employee the means, facilities and opportunity for such examinations and investigations as are hereby authorized. 608.14. CONTRACT WITH STATE The City Manager is authorized to confer with the Minnesota commissioner of taxation to the end that an agreement between the City and the commissioner of taxation may be entered into for the purpose of providing for the administration and collection of the taxes imposed by this chapter. Such an agreement shall not become effective until presented to the council for its approval and when so approved the tax imposed by this chapter shall be collected and administered pursuant to the terms of said agreement. 608.15. VIOLATIONS Any person who shall willfully fail to make a return required by this chapter, or who shall fail to pay the tax after written demand for payment, or who shall fail to remit the taxes collected or any penalty or interest imposed by this chapter after written demand for such payment or who shall refuse to permit the director or any duly authorized agents or employees to examine the books, records and papers under his or her control, or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misdemeanor. 608.16. USE OF PROCEEDS The Ninety-five (95$) percent proceeds obtained from the collection of taxes pursuant to this chapter shall be used in accordance with Minnesota Statutes Section 47�A.Q18 as the sa�e may be amended from time to time to fund a local convention or tourism bureau for the purpose of marketing and promoting the city as a tourist or convention center. 608.17. APPEALS l�. Any operator aggrieved by any notice, order or determination made by the director under this chapter may file a petition for review of such notice, order or determination detailing th,e operator's reasons for contesting the notice, order or deLermination. The petition shall contain the name of the petitioner, riie petitioner`s address and the location of the lodging subject to the order, natice or determination. 2. The petition for review shall be filed with the City Clerk within ten days after the notice, order or determintion for which review is sought has been mailed or served upon the person requesting review. Page 6 - Ordinance No. 3. Upon receipt of the petition the City Manager, or his designee, shall set a date for a hearing and give the petitioner at lease five days prior written notice of the date, time and place of the hearing. 4. At the hearing, the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. The petitioner may be represented by counsel of petitioner's choosing at . petitioner's own expense. 5. The hearing shall be conducted by the City Manager or his designee, provided only that the person conducting the hearing shall not have participated in the drafting of the order, notice or determination for which review is sought. 6. The person conducting the hearing shall make written findings of fact and conclusions based upon the applicable sections of this chap ter and evidence presented. The person conducting the hearing may affirm, reverse or modify the notice, order or determination made by the director. 7. Any decision rendered by the City Manager pursuant to this subdivision may be appealed to the City Council. A petitioner seeking to appeal a decision must file a written notice of appeal with the City Clerk within ten days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the council agenda as soon as is practical. The Council shall then review the findings of fact and conclusions to determine whether they were correct. Upon a determination by the Council that findings and conclusions were incorrect, the Council may modify, reverse or affirm the decision of the City Manager or his designee upon the same standards as set forth in subdivision F. 608.18. EFFECTIVE DATE This ordinance shall become effective August 1, 1986. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1986 WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK � First Reading: July 7, 1986 Second Reading: Publication: � Rsccvr� No. - 1986 9 RESCLUTION AUZAC�2TL Il� �QJTION �' �]VIIdT�I AND ZOURISM BURF�ifiJ AGREII�IT FOR THE PERIOD AUGUST 1, 1986 ZiiROUGH DE�I�BIIt 31, 1987 WHEREAS, the North Metro O�rivention and Tourisn Bureau has been estab�lished to facilitate a tourisn bureau for the purpose of establishing an advertising program, promotional printing, convention services and to retain a 000rdinating director and said bureau is in a p�sition to administer the lodging tax imposed tr� Chapter 608 af the City Code; and WHIItEAS, attached hereto and inoorporated herein b� reference as Exhibit "A" is a�xoposed Convention and Tourisn Bureau Agreenent for the period of August l, 1986 through De�nber 31, 1987; and WHIItFAS, the terms and conditions of said agreement appear to be reasonable and proper. NQnT, ZHII2E�RE, BE IT RFSCGVID BY THE QTY Q7[JNCIL QF 'I�iE QTY OF F�tII)LEY ZHAT the Mayor and the City Manager be and here�y is authorized to enter into the agreenent which is attached hereto as Exhibit "A". This Resolution shall become effective upon its passage and without publ icati on. PP,SSID AND ADOPrID BY TfiE QTY Q7UNCIL OF Z4iE QTY OF FRIIY.,EY Z4iIS 21ST DAY OF JULY, 1986. WILL IAM J. NEE — N�,YOR ATTFST: 3i IRL EY A. H�1P�,LA — CITY Q, FRIC . 9A �• � n • n � • �s_ z : �+a„�� iIS AGREEN�NT made between the City of Fridley, MINNF50TA, a m�nicipal �rporation, (hereimfter referred to as the "City") and the NO�t�i METRO O�NVIIdTION AND TOURISM BUREAU, a nonprofit corporation (hereinafter referred to as the "Bureau") WHIItFAS, the City has imposed a t�x on lodging to f�d a wnvention and visitors bureau. WHII2FAS, the Bureau has the staff, facility, and experience to carry out the objectives of pranoting the City as a tourist and convention oenter. N(�1, gIIItE�RE, the Farties agree as fallaas: 1. �. 'Ihe term � this Agreenent shall begin on August 1, 1986 and shall terminate on December 31, 1987, unless both parties have agreed to its rene�wal in writing on or before Deoember 1, 1987. 2. SERVICES REI�IDERED BY BUREAU. The Bureau shall furnish the follvwing servioes: (a) Informational servioes in answering ir�quiries about the City via mail, telephone, and personal oontacts. (b) Provide planning, coordinating and registration assistance to organizations and busir�sses. (c) Supply support material, including but rat limited to name badges, city maps, typewriters, acoomnodations list, and information in general. (d) Prepare and present audio visual presentations to groups to attract visitors to the City. (e) Distribute brochures, maps and guides of the City to p�tential visitors and meeting planners. � (f) Pravide represe�tation at trade shaws, conventions, and • exhibits to attract r� visitors to the City. (g? Prcma(ce ti�e City as a wnve.ntion oenter for Minnesota by regional and state-wide advertising of the City's hospitality irr3ustry and attractions. 3. �GFS. All servioes prwided pursuarit to paragra�h 2 of this Agreement shall be without charge to the person or organization utilizing such servioes. -1- � 4. BUDG�,T. �e Bureau shall sutmit its annual budget for revisa by the City Council on or before the lst day of October of the year preceding the e�fective date c� �e budget. Such budget shall detail with specificity the uses to which monies received shall be spent to pravide �e serviaes described in paragraph 2 o� this Agreenent. In any year in which this Agreenent is being renewed, such renewal shall not occur uztil ii�is budget review process has been comgleted. For the initial term of �is Agreement, the Agreement shall not take effect �ntil the budget reviaa prooess has been cAmpleted for the time period of August 1, 1986 throuc� Deoanber 31, 1987. It is �nderstood between the Ferties that the actual revenues being generated �mder paragraph 5 may vary frcm the amoimts anticipated in the budget. Fbr �is reason it is agreed that the budget may be modified without prior consent of the City Council, providing that any adjustments shall not be greater than ten percent of the amount indicated for ti�at itan as it appears in the budget. Notwithstanding any other language to the wntrary the Bureau shall not expend any suns beyond its revenues. 5. �II�. On the 15th day o� each manth, the City shall renit to the Bureau, for fimding of the Bureau, 95$ of the lodging tax payments reoeived tr,� the City, less refia►ds, in the preoeeding month during the term of this Agreenent. 6. yERIFICATION OF �EDIDITURFS. Zt�e Bureau will provide the City a wp� of the Bureau's monthly financial statenents, shawing monthly, year-to-date, and budget figures, properly itenized and verified by the director o� the Bureau. Zhe Finanoe Offioer o� the City shall have the right of access to the books and records of the Bureau at any time during normal business hours to audit any item of revenue or expenditure. 7. HOLD HARMLESS . Ariy and 'al l enpl ay ees of th e B ur eau or any other persons, while engaged in the performanoe c� any servioe required by the Bureau �mder this Agreenent, shall rot be aonsidered anplv�ees of the City, and ariy and all claims that may or might arise under the Workers Co�npensation Act c� the State of Minnesota on behalf of said enplo�ees or okher persons whi.le so engaged, and ariy and all claims made by the third g�rty as a oonsequence of any act � oanission on the part of the Bureau, or its agents or enplayees or other persons while so engaged in any of the servic�es pravided to be rendered herein, shall in no way be the obligation or the responsibility of the City. In o�nnectior� t�aerewith, the Bureau hereby agrees to indemnify, save and hol d haa�al ess, a� def end th e Ci ty and all c� th ei r of f ioer s, agertt s and enpla�ees fran any and a�.� claims, clgnands, actions or causes of actions of whatever nature or character arising out of or by reason of the Qxecution or the performance of the services provided for in this Agreenertt. 8. MULTIPLE CITY PARTICIPATION. It is contemplated that the Bureau in addition to providing services to the City of Fridley will als� provide the servioes described in Feragraph 2 af this Agreement to the Cities of and and that all (�ties may be jointly pranoted as a unitary convention and visitors bureau. Zherefore, it is specif ically authorized that f�ding f or such joint pranotion will be firnnoed pursuarit to this Agreenent. -2- 9. DI9C�tIMII�,TION. �e Bureau, i.n providing services hereunder shall o�nply with �e prwisions of Minnesota Statutes Section 181.59 as the �me may be amended fram time to time. Minnesota Statutes Section 181.59 is inoorporated in this Agreenent as though set forth in its eritirety and the Bureau shall not discriminate against any person or firm in any af its activities heretnder on the basis of race, creed or ool o� . 10. INSURANCE. The Bureau shall carry insurance to cover its emplayees and agents while performing services pursuant to this Agreenent. Such insurance shall prwide �mprehensive general liability and property damage ooverage to the Bureau ar�d its enplo�ees and agents in such anotmts as will equal the applicable limits of liability to which the City may be held pursuant to State Statute as the same may be amended fran time to time. The Bureau shall also carry worker's �mpensation as required by Minnesota Statutes Section 176.182 and provide the City with p�oof o� oompliance with Section 176.182 before aa�enencing to pravide servioes hereunder. 11. �. �e Bureau will comply with all applicable federal, state and local laas in the performance o� its obligations hereuzder. 12. ADVERTISII�Tr. All brochures, listings or advertisements of specific lodging f acil iti es shall incl ude menti on of all facil iti es paying the lodging tax imposed b� the City. 13. INrDGRATION. ZY�is doc�unent is fully integrated, enbodying the entire Agreanerit between the parties. IN WIINFSS WHIItD�F the Farties hacve executed this Agreenent on the dates belaa c�ven. �� i�ATID: I�Il�Q/ss 1/4 QTY OF BY• � Its M3yor BY• Its City Manager � •�� r• • �• � � �� BY• • Its -3- 9C 10 CITY OF FRIDLEY PLANNING COIrII�IISSION MEETING, JULY 9, 1986 CALL TO ORDER: Vice-Chairperson Kondrick called the July 9, 1986, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Kondrick, Sue Sherek, Alex Barna and Steve Billings Members Absent: LeRoy Oquist, Dean Saba, Wayne Wellan and Donald Betzold Others Present: Jim Robinson, Planning Coordinator Jock Robertson, Community Development Director Mervin Herrmann, 278 Mercury Drive, Fridley Tom Louchs, 7216 Boone Ave. No., Brooklyn Park Mike McPhillips, 291 Sylvan Lane, Fridley Walter Rasmussen, 7806 Alden Way, Fridley Dawn & Paul Dahlberg, 6664 East River Road, Fridley APPROVAL OF JUNE 18, 1986, PLANNING CONII�'IISSION MINUTES: MOTION BY M. SHEREK, SECONDED BY MR. BARNA, TO APPROVE THE NNE 18, 1986, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. ��86-04, RIVER LOTS ADDITION, BY KEITH HARSTAD: Being a replat of that part of Lots 7 and 9, Revised Auditor's Sub- division No. 23, described as follows: Commencing at the Northeasterly or most Northerly corner of said Lot 9, said corner being marked by a Judicial Landmark; thence Southwesterly along the Northwesterly line of said Lot 9, said line now being marked by Judicial Landmark, a distance of 190 feet to the actual point of beginning of the tract to be described; thence Southeasterly on a line parallel with the Northeasterly line of said Lot 9 a distance of 80 feet; thence Northeasterly on a line parallel with the aforesaid Northwesterly line of said Lot 9 a distance of 190 feet to the Northeasterly line , of said Lot 9, said point on said NortheaSterly line of said Lot 9 being 80 feet Southeasterly measured along said Northeasterly line from the aforesaid Northeasterjyo ur most Northerly corner of said Lot 9; thence Southeasterly along the Northeasterly line of said Lot 9 a distance of 26.51 feet; thence Southwesterly on a line parallel with the aforesaid Northwesterly Iine of said Lots 9 and 7 to the shore of the Mississippi River; thence Northerly along 0 PLANNING COI�IISSION MEETING, NLY 9, 1986 PAGE 2 the shore of the Mississippi River to the intersection with the Northwesterly line of said Lot 7, said Northwesterly Line of said Lot 7 being marked by Judicial Landmarks; thence Northeasterly along the aforesaid Northwesterly line of said Lots 7 and 9 to the actual point of beginning, Anoka County, Minnesota, the same being 6652 East River Road. MOTION BY MR. BARNA, SECONDED BY M5. SHEREK, TO OPEN THE PUBLIC HEARING, UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE PUBLIC HEARING OPEN AT 7:35 p.m. Mr. Robinson stated the plat is located west of East River Road and south of the intersection of Rice Creek Way. He stated it is approxi- mately one acre in size and zoned single family with single family homes to the north and an apartment complex to the south. 1�. Robinson stated the proposal is to split the parcel into two single family lots; one with 18,047 square feet and the west lot would be 27,054 square feet. He stated this includes a private driveway for access to the westerly lot. I�. Robinson stated this is the real question as the code states every property should have an access of 25 feet. He stated if the plat is approved, it should be with the recognition of a variance since both lots will not have their own 25 foot access. Mr. Robinson stated the plat shows the proposed house within 10 feet of the property line and believed a 25 foot minimum setback should be maintained as there is room to move the home further south. Mr. Barna asked what was located on the lot to the east of this parcel. I�h. Robinson stated it is a single family home that is set back ahot�t 100 feet from the new lot. He stated there is also a large stand of lilacs and three large spruce trees along the propert}� line. Mr. Robinson stated the nearest home to tt�e north is ��ell ov�r 150 fQQt from this proposed structure and the lots to the north also utilize a common driveway. 1�. Robinson stated staff would recommend approval of this plat with the following stipulations: l. Hardsurface drive�fay to be installed to both existing and proposed building pr ior to occupancy of new home. 2. Joint driveway and utility easement to be recorded prior to building , permit . 3. Utilities to be installed in a manner which preserves existing vegetation. 4. Recarded at Anoka County prior to building permit. 10A 10B PLANNING CONIIyISSION MEETING. NLY 9, 1986 PAGE 3 5. Existing and new home to be connected to City sewer and water prior to occupancy. 6. Park fee of $1,500 to be paid with the building permit. 7. There be a 25 foot setbackfrflm the north property line. I�. Tom Louchs, representing the petitioners, Keith and Diane Harstad, stated his client is in agreement with the stipulations recommended by staff. Mr. Paul Dahlberg, 6G64 East River Road, stated he is the adjacent property owrer to the north. He stated he appreciates staff's re- com.mendat:ion to set the house back 25 feet. Mr. Dahlberg stated the home to the east of this parcel and the home on the river west of this parcel are both rental properties and he hoped this liome wouldn't become rental property. He stated it would be nice to have permanent residenGs in those homes. I�r. Dahlberg stated he would like to encourage the developer not to d isturb the spruce tress or plantings on the east as they provide quite a significant barrier from the apartments. Mr. Louchs stated he recognizes the fact there is a good deal of vegetation used for screening and they wish to move the sewer and water lines so they will not disturb the lilacs or spruce trees. No other persons spoke regarding this proposed plat. MOTIOIV BY I�. BARNA, SECONDED BY MS. SHEREK, TO CLOSE THE PUBLIC HEARING. UYON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE PtTBLI� HEARING CLOSED AT 7:47 p.m. MOTION BY MS. SHEREK, SECONDID BY MR. BARNA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF PRELIMINARY PLAT, P.S. �k86-04, RIVER LOTS ADDITION, BY KEITH HARSTAD, AS DESCRIBED IN THE LEGAL NOTICE, THE SAME BEIPiG 6652 EAST RIVER ROAD, WITH THE FOLLOWING STIPULATIONS: 1. HARUSURFACE DRIVEWAY TO BE INSTALLED TO BOTH EXISTING AND PROPOSED BUILDING PRIOR TO OCCUPANCY OF NEW HOME. 2. JOIIdT DRNEWAY AND UTILITY EASEMENT TO BE RECORDED PRIOR TO BUILDING PERMIT. 3. UTILITIES TO BE INSTALLED IN A MANNER WHICH PRESERVES EXISTING VEGETATIOI3. � 4. RECORDED AT ANOKA COUNTY PRIQR TO BUILDING PERMIT. S. EXISTING AND NEW HOME TO BE CONNEC�ED TO CITY SEWER AND WATER PRI�t T� Q�CIFFANCY. �. PAItK FEE OF` ^� Z, 5�d TQ BE Pf� ID W ITH TH,E BiJ ILII� ING PERMIT . i. THERE BE A 25 FOOT SETBACK OiY fi�IE N��tiH PROPERTY LINE. 10C PLANNING CO2�1ISSION MEETING NLY 9 1986 PAGE 4 FURTHER, TO RECOMMEND A VARIANCE FROM THE RIGHT-OF-WAY ACCESS REQUIREMENT OF 25 FEET FOR EACH LOT TO ALLOW A SHARED DRIVEWAY OFF OF EAST RIVER ROAD. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MUTION CARRIED UNANIMOUSLY. Mr. Louchs stated their plan was not to construct the driveway the full 20 feet, but to make it about 10 or 12 feet. The Commission had no problem as long as the necessary easement was retained. Ms. Sherek suggested to Mr. Louchs he might want to check with the Fire Department regarding the driveway width in order for fire vehicles to have sufficient room to access. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP ��86-08 BY WALTER RASMIJSSEN: Per Section 205.07.1, C,1 of the Fridley City Code, to allow a second accessory building on Lots 11 and 12, Block S, Pearson's Craigway Estates Second Addition, the same being 7806 Alden Way N.E. MOTION BY MR. BARNA, SECONDED BY 1�. SHEREK, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CI�.AIRPERSON KONDRICK DECLARED THE PUBLIC HEARING OPEN AT 7;52 p.m, I�. Robinson stated this is a request for a second accessory building approximately 810 square feet in order to house a boat, trailer and blazer. He stated the property is located west of the intersection of Craigbrook and Alden Way and is zoned single family. 1`�'. Robinson stated this proposed structure will have a paved driveway and match the existing garage in appearance. Mr. Robinson stated permission has also been received to combine the two lots, 11 and 12, into one tax parcel. A�. Rasmussen stated one of his boats was stolen last year out of his driveway and he has an extra vehicle and would like to build a garage to store these items. He stated he has a three car garage now, but it doesn't seem to be enough. P�. Rasmussen stated the new garage would match the house and would fit into the area, He stated the cost of the garage would be $51,247. --' P�. Rasmussen stated he would like to request, if possible, the size of the structure be changed from 2a x 3(� feet to 28 x 30 feet to give him the extra room for his boat and trailer. I`�'. Barna stated he couldn't see a problem with changing the size as he does have sufficient space. 10D PLANNING COI�IIvIISSION MEETING, JULY 9, 1986 PAGE 5 No other persons spoke regarding this special use permit. MOTION BY MS. SHEREK, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICr� VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE PUBLIC HEAR ING CLOSED AT 7:58 p.m. MOTION BY MR. BARNA, SECONDED BY MS. SHEREK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP ��86-08, BY WALTER RASMUSSEN, PER SECTION 205.07.1, C,1 OF THE FRIDLEY CITY CODE, TO ALLOW A SECOND ACCE- SSORY BUILDING ON LOTS 11 AND 12, BLOCK 5, PEARSON'S CRAI(tiJAY ESTATES SECOND ALDITION, THE SAME BEING 7806 ALDEN WAY N.E., W TTH THE SIZE OF THIS STRUCTURE TO BE 28 x 30 FEET, INSTEAD OF 27 x 30 FEET. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CH�IRPERSON KONDRICK DECLARED THE ' MOTION CARRIED UNANIMOUSLY. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #86-09 BY MICHAEL MCPHILLIPS• MOTION BY MR. BARNA, SECONDED BY MS. SHEREK, TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE PUBLIC HEARING OPEN AT 8:00 p.m. I�tr. Robinson stated this property is located on the northeast corner of Sylvan Lane and the University Avenue Service Drive West. He statad it is zoned single family. Irh. Robinson stated the request is for a special use permit for a second accessory bui.lding, 320 square feet, located three feet from the west property line and five feet from the north property line. I�tr. Robinson stated the petitioner is requesting the requirement for a hard surface driveway be waived as the building would only be used fcr storage. I�. Robinson stated staff would recommend approval with the stipulations that the siding on this new structure match the existing home, i�o �aved driveway would be required if the building is used for storage only, and a review of the special use permit in one year. Ms. Sherek stated she doesn`t have a problem with not hsying a paved driveway as long as vehicles or motorcycles weren't driven in and out of the building. , • Mr. McPhillips stated his son has a motorcycle and when it is stored in the garage all winter, his wife can�t get her car in and out. He stated the motorcycle will be parked in this new garage all winter. Mr. Mervin Herrmann, 278 Mercury Drive, stated he lives north of this property and has no objection to 1�. McP�illips' request. 10E PLANNING COMMISSION MEETING. JULY 9, 1986 PAGE 6 1�. Herrmann stated he wouldn't to build the structure two feet the road, if someone ever lived super cab, it would be hard to object if I�. McPhillips wished longer. He stated looking down there and had a pickup with a fit into a 20 foot garage. No o�her persons spoke regarding this request for a special use permit. MOTION BY M.S. SHEREK, SECONDED BY MR. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE PUBLIC HEARING CLOSED AT 8:09 p.m. MOTION BY 1rS. SHEREK, SECONDED BY MR. BARNA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP �k86-09, BY MICHAEL MCPHILLIPS, PER SECTION 205.07.1, C,1 OF THE FRIDLEY CITY CODE, TO ALLO�W A SECOND ACCE- SSORY BUILDING ON LOT 19, BLOCK 2, SYLVAN HILLS PLAT 4, THE SAME BEING 291 SYLVAN LANE N.E., WITH THE FOLLOWING STIPUTATIONS: 1. THAT THE SIDING ON THIS NEW BUILDING BE MATCHED WITH THE EXISTING HOME. 2. NO PAVED DRIVEWAY IS REQUIRED AS LONG AS IT IS BEING USED ONLY FOR STOR.AGE. 3. THAT THIS SPECIAL USE PERMIT BE REVIEWED BY STAFF IN ONE YEAR TO DETERMINE THAT NO VEHICLES ARE BEING DRIVEN IN AND OUT OF THIS SZRUCTURE. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. REV IEW OF S P�i�85-04. BY LANCE LINDMAN : I�. Robinson stated the Planning Commission requested this special use permit be reviewed in one year. He stated an inspection was made by staff and it was found this second accessory building is being used for storage of an antique car. Mr. Robinson stated the grass leading to the garage showed no signs of wear from tire tracks and the petitioner is using this building for the purpose intended. 5. REVIEW OF SP 4k78-13. BY MINNESOTA PETROLEUM: I�h. Robinson stated staff has made an inspection of Minnesota Petroleum to determine compliance with the stipulations of the special use permit. He stated a11 stipulations have been met, with the exception of replac- ing the blacktop within the storage yard. I�. Robinson stated he believed this item would be taken care of when ' Minnesota Petroleum's insurance claim is settled. 6. MOTION FROM THE PARKS & RECREATION CONIl��ffSSION MINUTES OF JANUA.RY 6, 1986 REC�IRDING MEADCiWLANDS PARK REPORT: Mr. Rcsbinson stated Meadowlands Park is located between 66th and 68th and west of Highway 65 aad is one of the largest pa.rks in Fridley. 10F PLANNING CONIMISSION MEETING, JULY 9,_1986 PAGE 7 I�. Robinson stated the Planning Co�nission conducted a public hearing on July 17, 1985 to consider improvements and possible sale of some park property for single family lots. He stated TI�A ha,d.prep�ted concept plans with improvement costs of $350,000 to $425,000 which included extensive redevelopment including extending Oaklev Street to facilitate the new lots and park'drainage'improvements. 1� . Robinson stated the neighborhood was opposed to any sale of park property for residential lots, but wanted the park improved. He stated a citizen's advisory committee was formed to look at improving the park and drainage and utilizing it for passive use. He stated this cost would be about $270,000. I�. Fobinson stated one idea is to proceed as proposed by the advisory committee which includes the drainage system and the City would pick up two-thirds of the cost of the improvement and assess the remaining cost to the adjoining property owners. l�h�. Robinson stated approximately 23 lots would be assessed with assessments rang- ing from $2,500 to $3,900 per lot, depending on how it was assessed. Mr. Robinson stated the Planning Co�nission should consider the motion of the Parks and Recreation Commission. He stated a public hearing would be necessary before any assessments could be levied. Ms. Sherek asked wliat would be a passive use of the park. I�. Robinson stated therP are existing facilities, but no new facilities would be added other than walking areas and planting of some trees and shrubs. Mr. Robinson stated the cost does include a new parking lot and play fielci, but, basically, the cost is for piping to improve the drainage and to restore the grounds and landscaping. P�. Kondrick stated there is a lot of water retention in the park and before anything could be done, this problem would have to be alleviated. He stated th is is a Large area and there is good potential for a nice park. Mr. Kondrick felt there is a lot of interest in the neighborhood to improve the park and very few want to lea�e it as it is now. He felt a public hearing would be well attended. Mr. Barna asked if a study had been done on the holding pond. N�, Rob- inson stated preliminar}� engineering work has been completed by TKDA. Ms. Sherek stated without changing the character of the park, she felt four Lots cou�d be sold as this ww�Zd help defray the cost for the ! impro�remen�s. She felt the residents should be willing to pay the amount the City v�ruld have received for sale of these lots. MOTION BY MR. BARNA, SECOI�IDED BY N6. SHEREK, TO RECOMMEND TO CITY COUtiCIL APPROVAL OF THE MOTION OF THE PARKS & RECREATION CONIMISSION FROM JA*:UARY 6, 1986 RELATIVE TO MEADQI,'LANDS PARK. UPON A VOICE VOTE, ALL VOTIN G AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIID UNANIMOUSLY. 10G PLANNING CO1�AiISS ION MEETIlVG. JULY 9 L 1986 PAGE 8 I�ir. Robinson stated the Council may be interested to know if the Planning Commission supports a possible assessment for this improve- ment. MOTION BY I�S. SHEREK, SECONDED BY MR. BARNA, TO RECO2�lEND TO CTTY COUNCIL IN VIEW OF THE HIQi COSTS OF THIS PROJECT BECAUSE OF THE NECESSITY TO IMPROVE THE DR.AINAGE, CONSIDERATION BE GIVEN TO ASSESS BENEFITTING ADJACENT PROPERTIES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIID UNANIMOUSLY. 7. CONSIDERATION OF RECODIFICEITION OF CHAPTER 214 OF THE FRIDLEY CITY CODE, SIGNS, TO REGUI,ATE FREEDOM OF SPEECH SIGNS: I�. Robinson state� the Planning Commission is familiar with the fact that the City had a problem with personal expression.signs_.and rhe Council has requested a review of the Sign Ordinance to deal with this type of sign. I�h. Robinson state3 the City Attorney�s office has recommended these types of signs not be overly YtstricCed �ad, following these sugg- estions, he outlined the requirements for a personal expression sign. A. A�naxiunum size of thirty-two (32) square feet in area per s�gn. B. A maximum of three signs per tax parcel. C. A maximum distance of ten (10) feet from any property line or driveway. D. The sign does not contain any messages which are libel- ous or obscene. E. The sign is erected by the owner of the property upon which it is located. Mr. Robinson stated as far as permits, no permit would be required. I�h. Barna asked how the size of the_sign was determined. Mr. Robinson stated it is the same as political signs. Mr. Robertson stated the Council initiated the request for personal expression signs to be covered in the Sign Ordinance. He stated it ' has been reviewed by the Cou�ecil and referred to the Planning Com- mission for their review and recommendation. Mr. Robertson stated the Council made one change in the draft ordinance by eliminating the reference to libelous or obscene messages. PLANNING COI�II�fISSION MEETING JULY 9 1986 PAGE 9 Mr. Barna stated he could see where this couldn't be determined unless it had gone to court. He questioned if the Language could remain and be re�worded, as there are some court cases that have set a precedent. I�. Robertson stated another point considered by the City Council was who could erect the sign. He stated language was added to not only permit the owner to erect a sign, but another person with the consent of the owner . Ms. Sherek felt you may possibly end up with persons who don't reside on the property putting up signs, with permission of the owner. She felt signs could be erected by the owner of the property or tenant, with permission of the owner. Mr. Billings felt if you make it too restrictive, instead of preventing litigation, you may cause litigation. He felt the basic intent was a sign could be erected by the owner or tenant, with permission of the owner. Mr. Billings stated he wanted to make sure there is nothing more or less restrictive for political signs because particular signs may fall in two categories. Mr. Robertson stated the code is quite specific in defining political signs. MOTION BY MEt. BARNA, SECOI�IDED BY MS. SHEREK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE ADDITION OF PERSONAL EXPRESSION SIGNS TO THE SIGN CODE WITH THE FOLLOWING RECOMMENDED CHANGES: 1. SECTION 214.05, 7D TO READ AS FOLLaWS: "THE SIGN DOES NOT CONTAIN ANY MESSAGES WHICH HAVE BEEN NDICIALLY DETERMINED LIBELOUS OR OBSCENE." 2. SECTION 214.05, 7E TO READ AS FOLLO�WS: "TI� SIGN IS ERECTED BY THE fJWNER OF THE PROPERTY UPON WHICH IT IS LOCATED, OR THE TENANT WITH THE PERMISSION OF THE OWNER." 3. SECTION 214.15, 1- 10 TO RE�.D AS FOLLOWS: "ANY PEBSONAL EXPRESSION SIGNS WHICH ARE ERECTED BY THE OWNER OF THE PARCEL UPON WHICH THE SIGNS ARE TO BE PLACED, OR BY THE TENANT WITFi THE PERMISSION OF THE OWNER." UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. $. DISCUSSION ON SWIIKMIING POOL ORDINANCE : , MOTION BY MS. SHEREK, SECONDED BY MR. BARNA, TO TABLE THIS ITEM TO THE NEXT MEETING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-GHAIRPERSON KONDRICK DECLARED Ti� MOTION CARRIED UNANII�OUSLY. 10H 101 PIANNING COIrII�CSSION MEETING JULY 9 1986 PAGE 10 9. DISCUSSION OF CURBSIDE RECYCLING AND S.O.R.T PROG'RAMS; Mr. Robinson stated even though a representative of the Environmental Quality Cocranission is not here this evening, he would ask for a recommendation from the Planning Commission regarding the curbside recycling program and the SORT site. 1�. Robinson stated these proposals were presented to the Environmental Quality Commission and they were in agreement. Mr. Robinson stated Mr. Beermann who operates the curbside recycling service has requested the City increase his monthly payment. He stated the City does not have the authority to raise this monthly payment without advertising for bids. I�. Robinson stated about 445 tons of material has been recycled over the past year or an average of about 74,000 lbs. per month. He stated this amounts to approximately 4.5% of the City's residential waste, not including apartment houses. A�. Robinson stated the 1990 Solid Waste Abatement Plan includes mandatory sepa.ration of materials. He stated Fridley is out in front as far as the recycling program for the northern suburbs. 1�. Robinson stated if it is the feeling of the Planning Coimnission that the curbside recycling should continue, a recommendation should be made to advertise for bids. I�. Robinson stated Mr. Beermann stated he would remain with the program until the City finds another contractor or he is rehired. Ms. Sherek felt some people aren't aware of the curbside recycling. She felt they should be better informed and advised it wi11 be mandatory in several years. She stated eventually they wouldn't have a choice and will have to separate their garbage. P�. Robinson stated another area of concern is the SORT recycling site. He stated I�. Earl Frank took over this site and was going to improve it, but �his hasn't been done. Mr. Robinson stated l�k. Frank has re- quested subsidy from the City to defray his costs. I�. Robinson stated staff would like to release a request for proposal which would al�ow contractors to design the best program to meet the City's needs. He stated 1�. Blumentahl of U-Can has indicated an interest in c�erating this site and would rent it for a marginal cost. , Mr. Barna stated one thing neeaed de�p�rately is a place to dispose of old tires or househoid appliances. Mr. Robinson stated some businesses have persans who will pick up old appliances, if you purciyase �tew ones from them. Ms. Sherek stated it is also a problem d�sposing of certain other wastes such as paint. Mr, Robinson stated possibly a contractor at the SORT site may be willing several times a year to take household hazardous waste and dispose of them properly. 10J PLANNING COMAiISSION MEETING NLY 9 1986 PA GE 11 M(7TipN By MR� BARNA, SECONDED BY MS. SHEREK, TO RECONlrg,TiD TO CITY COUNCIL AUTHORI7I�TION TO ADVERTISE FOR BIDS FOR THE CURBS IDE RECYCLING PROGREIM AND TO AUTIiORIZE REQUESTS FOR PROPOSALS FOR A CONTRACTOR AT THE SORT SITE. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KLINDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. RECEIVE HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF JUNE 12 1986: MpTIpN gy MIt� BARNA, SECONDID BY MS. SHEREK, TO RECEIVE THE JUNE 12, 1986, HOUSING & REDEVELOPMENT AUTHORITY MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. RECEIVE ENVIRONMENTAL UALITY CONII�SISSION MINUTES OF JUNE 17 1986: MOTION Bi' M5. SHEREK, SECONDED BY MR. BARNA, TO RECEIVE THE NNE 17, 1986, ENVIRONMENTAL QUALITY COrIl�IISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. RECEIVE ApPEALS COrI�1ISSI0N MINUTES OF JUNE 24 1986: MOTION BY MR. BARNA, SECONDED BY MS. SHEREK, TO RECE NE THE NNE 24, 19 pPEALS COI�IISSION MCNUTES. Mr. Barna stated in the matter of the variance for LeRoy Anderson, the hardship was the double frontage of the lot and the solar aspect was very important because without it, you couldn't justify the other. He stated there will be 35 feet from the south property line and side yard will become front yard. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED UNANIMOUSLY. 13. OTHER_ BUSINESS: VICE-CHAIRPERSON KONDRICK DECLARED A. COUNCIL�S ACTION ON PLANNING COMMIISSION ITEMS: I�. Robertson advised the Commission of the Council's actions on July 7, 1986 regarding Planning Co�nission items. , In response to a question regarding Apache Camping Center, l�h. � Robertson stated a citation had been. mai�.ed to the awner for violation of the special use permit. Re stated, in addition, background information is being prepared for the City Council in order for them �.o consider if a public hearing should be hela ta revoke the special use permit. PLANNING COMMISSION MEETING JULY 9 1986 PA�E 12 B. WELCOME_ TO MR. STEVE BILLIN(�• 1rh'. Robinson and lrh�. Robertson and members of the Planning Co�nission welcomed Steve Billings who will serve as Chairman of the Planning Comnission. ' ADJOURNMENT • 1�DTION BY IrS. SHEREK, SECONDED BY MR� BARNA TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE JULy 9, 1986, PLANNING CONII�tSSION MEETING ADJOURNED AT 9:30 P.M. Respectfully submitted, � ) � , ' � '�- t r � �. -- ��l�--� Carolz Haddad Recording Secretary , �� 10K PUBLIC HEARING BF�URE �iE QTY O�UNCIL Notioe is hereby g iven that there wi11 be a PuY�lic Hearing of the City CAUncil of the City of Fridley in the CitY Hall at 6431 University Avenue Northe�a �t on �n�y. p,�c�st 4. 19g6 in the CAUncil Chaanber at 7:30 p.m. for the purpo Consideration of a Final Plat, P.S. #86-04, Riv.er Lots Addition, b� Keith Hartstad, being a replat of that gart of Lots 7 and 9► Revised Auditor's Subdivision No. 23, described as follows: Commencing at the Northeasterly or most Northerly corner of said Lot 9, said corner being marked by a Judicial Lanc�nark; thence Southwesterly along the Northwesterly line of said Lot 9, said line naw being marked tr� Judicial Lanc�nark, a distance of 190 feet to tize actual point of beginning of the tract to be described; thence Southeasterly on a line parallel with the Northeasterly line of said Lot 9 a ctistance of 80 feet; thence Northeasterly on a line g3rallel with the aforesaid Northwesterly line of said Lot 9 a aistance of 190 feet to the Northeasterly line of said Lot 9, said point on said Northeasterly line of said Lot 9 being 80 feet Southeasterly measured along said Northeasterly line from the aforesaid Northeasterly or most Northerly corner of said Lot 9; thenoe Southeasterly along the Northeasterly line of said Loallel distance of 26.51 feet; thenoe Southwesterly on a line pa with the aforesaid Northwesterly line of said Lots 9 and 7 to the shore of the Mississippi River; thenoe Northerly along the shore of the Mississi�of said Lott7, said Northwesterly linelof said Northwesterly line Lot 7 being marked b� Judi ci al Landmarks ; thence Nor theasterly along the aforesaid1N�thwes�t1oka �urity�Minnesotas the same bein9 actual point of beg 9 6652 East River Road N. E. Any and all person c3esiring to be heard shall be given an opportunity at the above stated time and place. VTlLLIAM NEE MAYOR , Publish: July 21, 1986 July 28, 1986 '" • � '191 ,..— :i �' � � � � � # ;: '�� 'a-. .�..i i� ' , P. 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' � t r ..-: . -,�'�i� 'i � , "`Z -`� a,�, ' �s � : � +j�� : ~'t ,,K��• � i \ � s► ' ��_ 95 ,�,.,_.�.t I � �' s• G t � •� 1 ^"i�s� � � : tR��f �,,� _ :� � �� \ � - ,,•. � ��- � 19 . � ' � � �LOCATI ' A - � ;. � � � W � � � � � � .� O NJ V � " o� � �r � � � J � Q a Z � �� \ �� S. 4t86-04 6652 River Road � , \�-� - �� n - -.. � I \ j I \ — I � � I� � • � I ir) r,� � I I � ' I I � , I � i � � � i I � � � � i � ' I �:� I I • � I .-a�nv �..rG. � � ; �. � I I I � I � � � � � ' � wi:'�«e ��« ��"��r w �o�:r.t. �$�.u~ �o��ir..� = ��g� � er :._ 8��'�as�..:��r�'FFYais�: JZ:��'�to�=�� w��i re 'Y'.'.,,:� �`. `.-�''o�Yl�..��lop:� .�a.. � i s"� t � r�o�==��eaM°jMOi«�� €��o.'i ��F `a�� t.e � � � � =��F' oc•.!� t Y O w L 1��0 �� A�• M•.� E ii�.".'°."i.1..c"�"Sa.��w Y"'�^� -�� •o._to�«o:.�.� �� s.��o� �►��r �ui�Yr��.�� a►��YY831�r��F��o ��Y3�E � �'�S�t�`"l��:z�°t=��' SY tf _S.. � Q "$��°•�o'F�"�: tf�"��° lc:s^+�i.8 � �`ve=.� o��.E�i�� n.-i��i� w wt«Y«iY ew:w s.ws� e3 `�I oY:c�i�«.��ie`iioi.�r..��.g%wrt�: -�-., �N.YE�r)EYpo�«:Z°.R2'_°.0 r)':'02.� O �Y C Y 2 O^ Y C► O� C:� M�� C M M C� C O C ✓q O ��$.Xio$T$ 8.°. o.-�iis�i:�. 'oni ti -d s - _. _ 1 � _ ; ,s�+� �..�., � u1 J �=i n � � Q V• �� r \ , � ,Q L. ��, . , .. n '�' J � � '� — — — — --- ''a �.. ! ' 'ot7�vi•� V , �� I � -a y �� f- r. U ..� �s^�, \\ V� �, o° '� � '' V � �— ----- h 1 � � W $ � � � Z� f^ , •� ;t , � ' _ a; e .„ � ,�, v � .> a i `4 ' i�� i� � � �w„ � � �� I � I ._ . i � :� J 0 Q ` S Q 1 � � �_��_�__"" --:p�soi �✓�/i � ��- _-_= _ _ - ----- _ _ .__�- -= i�di�riss��;�, � r a z E � ^� {.� 10N 100 r�rn Zo: Jocx x+c��aa, O�NIMJIVITY LIEVIIAR�]'r DIRDCTOR 1�ND EROM: JIM R�BINSCTT, PLANNING O�ORDINAZC)R N�ND DATE : JIII�Y 16 , 1986 MEMJ SUBJECT : RASNiJSSII�1 S. U. P. On July 9, 1986, the Planning Commission reviaaed Walter Rasnussen's request`for a Special Use Permit �86-08 for a second accessory garage of 840 sq. ft. , and unanimously appraved the S.U.P. with no stipulations. C.ity Coae allaas up to 1400 sq. ft. for all accessory buildings. The total s�uare footage of both tflr. i�snussen's existing and proposed accessory buildings would be approximately 1,646 9q. ft. Altnough this exceeds the code allotment, the total lot area is very large, exceeding 38,000 sq. ft. In addition, the total lot coverage with the new garage is slightly less than 9$. Cr�cie allows tor 25$ building coverage. In reviEwing and acting on the S. U. P. , Council should recognize the sl ight variance, ie: 1,649 s�.tt. vs. 1,400 sq.tt. for all accessory buildings. r�-86-157 � 1.QP SP #86-08 . � 7806 Alden Way N.E. '9 �2 � •,� d (�� . � � �,.� :r+ =- • za �' � � �¢ �';► '` p� �' 4� � ti , •c tS� 2, - �� (� �o ' � - — � — --- �- '� M_�� ':'� '� ; S � d' a } o \ � i 6/ �:E \ _� �yr1 ,►� �� • �. ' N t / ?� �c' \/ . ` � C a, ►y , ••t` � l� �1 d � '', 0'V • .in' , "' t�"� i , � - � �,/ *� .� � �' :�. �Iry � �, ��.r�'�'�� °�+'�p � ��,. �.. 9��.°` w, �a� ;. i ��\� y� � . l�� — % ��% � �.' 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' �p1,b7�/i- . •��(° � 9 -_-_—`�- _� . . ► �-�-�'''. �W� � Wa�rE R ✓ R��d I U SSE hl GARA �E S►rE Pf-au I'�= 25'- o" 6-.; . �.�, 1 r, - f '1 J ; ' � L�� '�' :. .,,o • _ ._1_� ,�� -. .� � � . . o _ N� -+'° ' � � � � �. 1 •I —_—_-�.� '_"_ -J . �y � ♦ � � � � e f �2 � .� • � I - .`, � �. .�„ '� �,i C�'— 1� ,� ? , __ � ,; ,,,� 6 �: �, , _. � g � �f� : A n � �l I , '- __ _'i y� �$ � � T t+' '1y,� � � v�lsl �L t , Q P �-�A 6P�86- 3 -� � .� ,• � � ti w. !m r , --.--- � 91 yl a -{-an ; N E�t �, p� �� ; ,.� � � � ' � r i. . : �- �� i � � . ----- � � ; � ,; �; ��riy' ��r� ,, r . _ ,� ,$,� �` i � �yti) � p ,) "' Qvp T,__ ` ; ' �; r '" � .� A � , :� � r J (f � p ; -, ;, , a.ti � � (�� .A Z ,� ,2 a� y�/ � - � . . " ----- ., ��,, ,'� = i 3 P «�, � `` 'tc /'!I fr.v , �.� � r � . - �1 '' `° M = = � ��;� � e %�' .�� .9'W A . . . ' • S: .J I,: � � ``A N E ,• _ j'� � .` � ' • , �; � �L�ITE: - • - " .::' ��,• . � -'�F URMIE� � ` �"' , � ,-;" . , . . , I ': ,. � _ � }. - �r�- � v - t' , '� i F xl r�'� f 'v � � ;��r • , _� lti� ss�l1ol l �� 0i �`�1 "": i'' . �, .ns � l� � `5 .. ,,�'�u.. �� t�� , �� ., � � ,. ; � - � ° � e � , � dt1� ' �; .;` �. -%• _� .. , ). ' yl =- •. t a a: . � +� �'?1 � � - ,�1. L� � �y��` > � -` , PJ � � B '; "` J' �';r�,� � � ` ° . - �y�� : M/ ��, ��`�RCU:�Y ,.k oR�vE •' �� - c �? � � ' ��) .9� , q) bti� -�t� � � ,"'I / ,� '" : , . '9�) �9) '�� g, . � � . 1 �� .' ��` � �• -_ , - � . s. � �. ... ,., .. � ,. � . ��— - --- —. � � �� .�) �i � �� .. 1 . 1g� . i _, �� a°� r�� .� _• ; ►-;;�• . NE: '`� M `�1� �� .. :,, : _. . . ... � rv,v M� �` . :: Z �' NTER'2 f` E , C .9.c.�,.n;: C��;c_.. `�; � , �1�1�Ih�iT�� la�d Planning � � /� SP #86-09 ��LL'�� 6875 Mig6way No.65 N.E. land Surveying � �j �j }�j �V �i(1C�� Minn�opolis, Soils Testin9 �''�iy(i�[�G L�(�� • Minn. 55432 Civil Engineering �� I Teiepl►ene 781-6066 MuniciQol Engineering �a ineers & Surveyors � Areo Code 612 Mortgage Loa,n Survey for �►�h41,1 M�QIn►Il'►Q5 � Y l -�9.95— r� ; �� !� iy � Oro►naq� ca5im�n� _ ry � P�Q�� GQ��e� � ^� 1 �.,� �_� `� � 1 / io.c� � ,� u � � � 1a.'1'- � � Q- � ISF �' — _ „ �9� � �, �4 d v GAR �, N 11.61 , 24.33 � � � ; �o - �o.�y- SY�UI�ti . �,o ,� �A l� E W y � � W v — � � W ,� LOT 19 SY�YAu: N � �� :� W � � W � Q � �--- � C� W � � � f3LOC�< 2, PL�T�4 S�ala, ►„ = 30' T{�is is a tru• ond corr�ct r�presentation of a survey of tl�e boundories of the land obove described ond of the locotion of oll bu;ldings, if any� thereon� and oll visible encroachments� if any� from or on said land. This surwy is mode only in connec�ia� W��h a rnortgoge loan now being ploced on ►he prope►ty and no liobility is ossumed except to the holde� of such mortgage o► any other interest ocquir�d by ►he reason of such mortgage. It is u�derstood ond agr�ed no monumqnts hava been loc�d for the purpose of es►ablishing lot lines or boundary corn�rs. Dat�d this��?� day of .lun�" A. D. 19� SUBURBAN ENGINEERING, INC. ' EnbY�s � • �, Su.v, or='L�� +�� • �fGG a�T 10U PA!2KS & RECREATION C��St�i55i0t! t•1EETi�iG, JAt�UARY 6, 1936 __ PAGE 9 1. Additional tax revenue fron four new homes 2. S4,500 in park fees 3. Re�aoval of exi sting rented older hor�e 4. Elir�ination of special assessment costs with interest accruing against the cit;� pro�erty � 5. Eliminate maintenance cost of unbuildable suhstandard lo* 6. Said property ►,►ould then conform to adjacent ne�� developr�ents. It was the concensus of the fomr�ission nenbers that they saa� no nrobler� with the Cit� pursuin� this purchase with t•tr. Brickner and Mr. Biomt�c�•g 3. OLD QUSIt1ESS: a. ��:eadowlands Park Report hir. Gustafson stated the Conr�issioners had received tl�e �roposal developed b� tf�e citizens for the development of I�eadowlands ('ark site dated �lov. 1R, 1Q85. 14r. Gustafson stated basicall�� tl�ey got a representative fror� eacl� block of ho��es around the park area �iho net and put tfiis report t�gether. The input was fror� those residents and fror� studies of the proposals and cost estiria*.es do��e by TI;DA in June 19II5. �4r. Gustafson stated tliat r�ore than anvthing else, tl�e residents �vant to tivork witl� the Cit� in gettii�y things started, realiting everything cannot be done at once. They would like to put together sone kind of plan �•�here over the next 3-4 years, 1leado�•�lands Park will he taken care of to r�ake it more usa5le park land, Mr. �ustafson stated ti�ey felt the development should take a three-fol�i purpose: 1. drainage s�stei� 2. ponding �•�ith aeration 3. i�prove land with passive use t1r. Gustafson stated they felt it was inperative that the drain�e prohle� be handled first as no other developnent is plausible until this is cor��lete. �4r. Gustafson stated questions were raised about the prohlem ��ith r�osquitoes with a pond. They contacted Anoka County, an�i Anoka County a�ill tal;e care of those kinds of problems. �� F1r. Gustafson stated that regarding purpose �3, it �•ras the concensus of all the neic�hborhood tha� ihey real�y do c�at wish to see the city put a lo� of rnar�ey into ba�ifields, t�asketball courts, etc. They just want +n ualking traii, plantings, trees, possi5ly picnic tables, etc. Mr. Gustafson stated it was cost effective in putting it together. Instead of 5240-250,000 as proposed last year, they are looking at approx. 5135,�00. 10V PAI2KS � RECREATIO�d C�tit•1ISSION t4EETIP�G JANUARY 6 1986 PAGE 1� t4r. �ustafson stated they cannot stress enough that this is the largest piece of park land sitting in Fridley. Nothing has been done with it, and i t i s about ti me soraethi ng was done. Mr. Gustafson stated tiiey aould like the Corimission to take �his proposal to the City Council. The neighborhood is willing to worE: with the Citv on whatever plans are necessary to get the project going. � 11r. Young stated that at the last meeting when this ��ras discussed, hP had suggested the possibility of available funding for developr�ent through the Rice Creek l•latershed �istrict, since this is a�rater problem. Dr. Boudreau stated he would contact someone f rom the Rice Creek IJatPrshed District. �4r. Y.ondrick stated the only item that �•�ould concern him was item #3: inprove land for passive use. He did not totally agree with that. Ne �•�as looking at the park as touching more people than just those who live ir.u�ediately around it. It �vas his personal opinion that sone type of recreational facilities, sucl� as a baseball dianond, sr�all basketball court, or tennis court, should be considered. Mr. Gustafson stated ti�ey did discuss that and one of ti�e problems v,ith that was the access to the land and v�ho could really use thosP types of facilities. The City a�ould be entailing r.iore cost if they ask for tiiose kinds of things initially. He stated two reasons why they presented their proposal this was ��as :(1) to try to keep tl�e cost dorm i ni ti al ly to get the pl an un�ierway. tlore development can take place later; and (2) in talking with the neighhor- hood, it a�as their concensus to keep it a p,�ssive area because of ti�e lir�ited access and because it ��as �•�hat they preferred. Mr. Y.ondrick stated the Com►nission ►•!as very appreciative of the report prepared by the neighborhood. :'D'_"IO.': I31' .•!R. YOU:7G, SECOI�DED Bl' i�R. ALLF.IJ, TD RECEIVF. THF. F1RI^_'^_'F.l: PP.OPOSAL PRO;' TIIF. C� _TIZE":S FOR T1I: DE!'ELOP�!ENT OF TIIE MF.ADOf;LA.'!DS PAR7' SI: F.. UPO'� A VDICE VOTE, ALL VOTING A2'�, C!fAIRPF.RS017 KOIJDRICK DECLAI'F:D TNF. 1fOTI0N CAIZRIED UNAPIIMDUSLY. MO'''ID»N BY MR. ALLE7�, SECONDED BY MR. YOUNG, TD SFtJD THIS PROPOSAL Otl TO TH� PLAI:NIIIG COY.lf�SSION AND CITY CDUNCIL FOR APPROPRIATF. ACTION. � • UPOlJ A VOICE t�OTE, ALL VOTIl7G AYE, CHAIRPERSON KONDRICY. DECLARED T/!F. MO^_'ID;J CARRIED U'JIlIFIf*.QUSLY. t•tr. ;ustafsQC� stated he would get the list of�approxir�ate costs together beiore the Planning Commission meeting. PAI2K5 & RECREATI011 C��itdISSI0�1 14EETI��G JAt�UARY 6 1986 PAGE 11 Mr. Gustafson stated he would appreciate being continually inforr.�ed on the progress of this. He stated a representative f rom the neighbori�ood would be willing to attend ��hatever r�eetings necessary. Mr. Allen stated the neighborhood was to be commended for their fine ►•�ork, ADJOURNMEt�T: � MO�"?Otl BY t1R. 1JEIS011, SECOlIDED BY 1�R. ALLEl7, TO AA70URN THE MEF.�"T1lC. (�PON A;�nZ�E VO'."E� ALL T�OTINC AYE, CNAIRPF.RSON KOi1DRICK DF.CLARED TNE JAN, 6, 1986, PARf:S 6 R1iCREATION COt11�I.SSI0:7 MF.ETING ADJO(I��ED AT 9:35 P.l!. Respectfully subc�itted, ' — { ' ' ,E� t�tC Ly� ;aba Recording Secretary .� _ �,..r. _�. . _ �� 1 �W 10X .� � f iZ� DLEY , -- — - - FliOM: .; L1ATE: ptAECTORATE �F PuB��c woRKs �v+EnnoA�sn�ounn John G. Flora, �Public Works Director J�a►e 11, 1986 S�.7ECT: Meadowlands Fark �, o° °a �� o .� �_= � ?9ne improvenent of Meadowlands Park bas been discussed for a nuQnber of years. On February 25, 1984, the City Cfluncil by Resolution No. 12-84 authorized a study to be made on the park and identified funds for this to be obtained b� the sale o� six residential lots, M.S.A.S. funds and other parks f unds. On May 15, 1985, �A sutmitted a plan which outl ined three sc3�enes ranging frcm $350,000.00 to $425,000.00. On June 17, 1985, the City O�uncil discussed the TI�A rep�rt and supported Schene B, the mid-range plan (5370,000.00). At July 17, 1985, Planning Ca�nission meeting, a public meeting was held to discuss the Meadowlands proposal and the sale of park land. The neighborhood shaaed up in force against the sale of any park land. Acoordingly, the iten was tabled and sent back to the Park and Recreation �nission to establish a Task Fbroe and reviaa this issue. At the Januaiy 6, 1986, Park and Recreation Commission meeting, the Task Fbroe subnitteci their report which cnnsisted of three parts: 1. Imprwe the drainage systen. 2. Cbnstruct a pond water aeration systen. 3. Imgrove the land for passive use. �e Park and Recreation Oomanission had sane reservation on passive use but did make a motion to send the proposal to the Planning Commission. �e item has not been presentea tn tine Plaruv.ng Conanission to date. JGF/ts. ., . � r� �.� � �. n�� , 4 a �;� t s' � � :�'� .:2� i3 • Z� 81i f; ._4 :. % 2, �j ► `' �o ` `�� '' , bN 8;� i�; " •r�Zs�,,� �c � � . �ACO � � q3 � � � o : � _ � / �.. ?� ►J"' ib�O'+ � '-• �` oRrvE . Z �� ,�� : _ . , ' ' � ' ~� �' . 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I � � ` � � i � _ ��1----1---�-_ ��°°__°�� 'D �� ,D / \ \ / ` 'li0 NOlS�INN3� , : �,��o �:� , __�.�-- � � � � � %. � i � \ I' �1�-- - -� - , d�'P.� �' � � o � � D' � D, � ' � 1� � g � � a� � p �� D� _ 0� � �� I � �� . � � � Q� a� � d �C� �� I'�� 'L�I '..�--�� ,. �.�.r.�.w. i�ll6 fT' � �.... •is �+os�vr �-�� 0 p G a � � • ,oZ ,��:. � . � Y � < a � 0 Z � J 3 0 0 < W � r. i� �� = �. 6� A � H. .� .; �;. �k ; 214. SI�GNS . 214.02 DEFINITIONS 23. Personal E�cpression Sic�. 10AA A siqn w2u.ch expresses an opinion or feeling of an inc3ividual or group and which its princigal purpose is not for the pramotion of any c�od or service. 214.05. SIGNS PERNIIZTID IN ALL DIS�tIC2'S 7. Personal Expression Sicyzs. Prwided they meet the follawing requi.renents: A. A maximun size of thirty two (32) s�quare feet in area per sicyi. B. A maxim�n of three sic�s per tax parcel. C. A maximtun distanoe of ten (10) feet fran any property line or driveway. D. 7�e sic� is erected b� the awner of the property or witti the consent of the owner upon which it is located. 214.15. SIGN PERMIT RE�2UIRII�1'I5 1. Sic� Permit. E. No permit is required to display the follaaing sicyis. �is shall not be construed as relieving the erector of a sign, or the owner of the property on which a sign is located from conforming with the other pravisions of this Chapter. (10) Any personal expression si�s which are erected by the awner of the g3rcel upon which the sic,pzs are to be plaoed. 10B � PLANNING DIVISION � i MEMOR,ANDUM c nr oF FRIDLEY MEMO T0: Jock Robertson, Community Development Director MEP10 FROM: Jim Robinson, Planning Coordinator MEMO DATE: July 16, 1986 REGARDING: Freedom of Speech Signs On July 9, 1986 the Planning Commission reviewed a staff proposal to amend Chapter 214 of the Fridley City Code which would define and restrict Freedom of Speech signs. The commission unanimously endorsed the ordinance amendment with the following three changes: 1. Section 214.05, 7D to read as follows: "The sign does not contain any messages which have been judicially determined libelous or obscene." 2. Section 214.05, 7E to read as follows: "The sign is erected by the owner of the property upon which it is located, or the tenant with the permission of the owner." 3. Section 214.15,1 - 10 to read as follovas: "Any personal expression signs which are erected by the owner of the parcel upon which the signs are to be placed, or by the tenant with the permission of the owner." I will ask the City Attorney to prepare comments on these changes for the July 21, 1986 City Council meeting. JLR/dm :. : cc: Virgil Herrick 1 MENi� ZD: JIM R(BIN9CN, PL�IlJIl� Q�ORDINAZDR r�r� �xo�: r�, ��scN, �,�,ruvnvc Assi.s� ,�1/�'^ N�ND I]ATE: JI]LY 15, 1986 MEND SUBJDCT: QJI�SILIE ADID SC�tT RF)CYQ,II� Due to reoent develognents in b�th the Curbside Recycling progra¢n and the S.O.RT. Dro�roff Recycling Center program. I feel it is appropriate to gain the City Council's appraval with the follawing staff prop�sals: ct1uR.�mE �Frv(�.Trx; pg�,g� Ori June 12, 1986, Bernie Beermann, the oontractor for the C�.irbside program, phoned the City and informed staff that he was requesting additional funding in the stun of 1,500.00/month trcm 833.33/month which was previously reoeived each month. Beermann also stated that if the City was unable to raise his monthly payment, the City could rebid for a new contractor. Beermann suggested two o�m�nies that had previously shawn interest in the progra�n: rti.nneapolis Education and Recycling Center (NiERC) and Super Cyc1e/Watkins (inII�,SP) . I discussed increasing Beermann's funding with Dave N�aman, and he stated that the City did not have the authority to raise the monthly p�yment to a c�ontractor without advertising for bids. I have discussed this iten with the D�C meqnbers and they agree that the contract should be rebia. I have attached a letter fran Beennann stating his re�uest, as well as a letter f rom Super C�c1e and N�ERC stating their interest in bidding for Fridley's Curbside progra�;i. At this time, stafL is requesting that the City C�uncil apprwe the reoommendations by the �virormental Quality Conunission and the Planning Commission to have staff prepare and advertise for bids for the C�rbside Recycling Program. (Specifications attached) . It is im�aaritive that the Council approve this item to ensure the continuation of service neoessary to maintain g�rticip�tion in this prograan. S. 0. R T. D1�JP-OFF REC.'Y .T� � In May 1986, Earl Frank, 000rdinator for the SORT Center, indicated to the City that in order to maintain the center's operations, he must receive at least $200/month or $2,500/year in subsidy to keep the SORT center in operation. On June 30, 1986, Frank submitted an additional request to the City for $250/month or $3,000/year. I have attacried Earl Frank's letter of request. On May 30, 1986, staft met with Bruoe Bl�nenthal of Universal Can, Inc. , East River Rd. r�r. Blunenthal has generated a letter of intent to the City to operate his business at the SORT location. Blunenthal's letter is attached. He also expressed interest in operating a canposting site near the SORT location. I discussed the develognents of the SORT Center with Dave Newman. He and I came to the conclusion that a biciding process would not be the best procedure to follow in this situat,ion. Instead, we are proposing to releas�e a request for proposal (RFP) in order to allaw contractors/haulers to design the best program to meet the needs of Fridley residents. Therefore staff is requesting that the City Council apprave the recommenaations by the E�viroru�ental Quality O�nunission and the Planning Commission to have staff prepare a re�uest for proposal for the S.O.RT. R�cycling Center. (RFP attached) . It is imparitive that the CA�cil apprwe this iten berause the site is temporarily closed, and the City would like to reopen it as soon as possible. 10DD aJ�sae/s�rr B�cer �-=.�:�.�--- - �-- _-_ i zr.�tvs��ot� I x�un�rE I E��sE I �t�� I _ _ _ - _ �+-r-��.�-wt r+-.-��='S�� 'T�� '�.�' �- � Ar.cka Cb�ty � $13,149.00 I I$13,149.00 I I 51.25/i�i 6/s5--6/E6 I I I I � ._._ _ - --•-- - - i �'t�trc�olitan Ooi,mcil ( $ 5,308.00 I I$18,457.00 I I$.50/Effi Recv.1/86 for 85 � I I I � -�__ _ ---._.�_.__.....----- ' _� i F;rtro�litan �tmcil I $ 1,200.00 � I$19,657.00 I � $4/Zbn R�t�ate Prograan I(this amt, varies) I I I { Cv.� isi de I I I I I City Oil I I I I i(annual rebate) ( I I I � __� _.._�_._.�._---------------------- I � w�ste Gil Reimbursener�t � $ 750.00 I I$20,407.00 I � I(this amt. varie:�) I I � � ------------- ---- _.__,_�_._...---------------•-----� i Curk,sic;e Rec.ycling I I $10,000.00 I$10,407.00 I I -Beermann Serviaes I I I I I acministration � ( $ 800.00 I$ 9,607.OD ( � printing � I $ 1,100.00 I$ 8,507.00 � -- - _ --- ._.__��.��----__= - - -_=_ ____ _ - I i'��+1s~ ( $20,407.00 � $11,900.00 I$ 8,507.00 � _ - -_._. -- ---- --�__ -- ��_��__�� A � �- r � �� "He�e to Sena You" Beermann �Nr�Rp�ls �S 6900 Dixie Ave E., Inver Grove Heights, Mn. 55075 Phone (612) 45 S- ( `l4� • To vhom it may concern. June 23, 1986 ve� Beermann Enterpriaes request the amount of IS00.00 Dollars to fulfill the Fridley Curbside Recycling Contract under the same proviaions as before. With regarda ��1� —No Job Too Large or Too Small — 10EE ServMp �ne Mecro Area Srnce 1969 , �c,' ��l�Z � �f%'�� June 26, I93G . To: ttvra Gibson Plannina Assistant City of Fridley Fron: Super Cycle, Subsidiary of watkins Aircraft Support Products. Re: Collection of Recycling material from residential housing districts of Fzidlev. Suner Cycle would like to infor..l you of our interest in providing collection services to your municioal recycling proqram. Our company uses specialized zecycling collection equipment of our own design and manufacture. This equipment and our collection service is currently utilized by Plymouth, St. Louis Park, and Mir.nea�olis. We tzank you for consideration of Super Cycle as a recycling service provider and we �vould appreciate hearing•fron you concerninq procedures and paperwork necessazy pursuant to submission of a bid. kc 10FF � � �' ��J��G°� `'' [t (l�`� E��00� � n� � "�;��,%��i ��7 �� ,`,itV�l�J� ?916 Fourth Av��nuc SOUth Minne��+o��s, M�nne�ota 55408 823-4480 Rc�cychng Center 823-3453 Schoc�� June 26, 1986 Myra Gibson City of Fridley Planning Dear Ms. Gibson, o� �� C�� J � �v `�� 10GG O� �y � Co�tr�.l.�N I TY The psrpose of this letter is to inform yau of our intentiona vis a vis the collection of recyclable materials in the City of Fridley. As you may know our recycling center contracts with Minneapolis Public Works for recyclable collection. The amount of material we collect in Minneapolis falls short of our exiating pickup capacity by about 20%. We believe that by seeking out additional contract(s) to fill our current capacity we will be able to increase the efficiency of our operation and the service we provide will be enhanced. Therefore, we are quite interested in investigating the possibility of contracting with the City of Fridley. In order to make a decision regarding recycling in Fridley we need information about the current and recent status of your recycling program. Useful information would be route and tonnage information, data on the number of households to be served, the types of dwelling units to be served and past participation rates. Please keep us informed as to the status of your City Council's intentions regarding recycling in Fridley. We are very interested in pursuing this posaibility further. Thank you. Ms� _ ��VrenD�erPnl,._Director �. Recycling Center 2916 4th Ave. So. Mpls., Mn 55408 A T1�`S:-�'rc:]: �'�•tll�� ("7i1�]t�\':'�i'tll J:1:� [iju�:il��"� �`TC+�`T.iT C(�-S�C�l1SOTPd b\': 1►, E c r�� : F: � c�►; c or,^�ur; i T�' AC T 10�� 8 Lon1P�G N1C�ll.CT-P,F7►�(.i.HU1 C��.'��u'�1TY CENTERS, Jt�C, f �. > �� 10HH ;,/, � /�;� ,; �[/� / ! � � � L�. i ; � �� L l.'�� - J � 1�Lc.i�n'�,' :1 � �� ,�' w��.� �u��.�, � l, � �� `�z`—�� , :��-� � .� o �� .. �' ,��.`-�v�Z ��. �.. � � � / � .. � � �+� ;J CJ ��l� t� ;,� � /�'�"'`'' �/� � �J � I . ! " "c.�, � �, �v-tt-y G�'-�' .. �J - L�'' �� a.e-ce� �-.Gcl _ �� 1..-C\� ` ��-Gi-t �� .�/��1.l,Cf�/ /V-�e.' 1., ,'�^-�--�'�� :� ` !_C � G� ' � • �, ��, ' �' Z`��-�- <�-,,�� 1�� . , - �� .Z.�� ; ��c �,,,� -'�''Y/� "Cf",'-.� � b�- G G' .� �..� . � ,�- ,, � �y..� " � � "'"'� � �� - Cl�t�,,,�c�,,,,s,v.,.,_ ,C/_J�s-./�� . �� , �%r� Q�' -�' ,�i�'' �.- l '. -. � � � _ ��_ -� `-c � �=' �'�-� �, � . � `/ ..lc s � � i � ..,.-..1�� '= � Q-'-w /�" -�` �� _ ''Z! � l `/ �'% � �' " '� �?U �. � i.� 7� �� , `� � C�~fc �� .SC�, - ��'��'�►'�'u� _..-. � . " ., � " - �/S � �� '� �/ f v � ` � ��Lt L � � � �' j �'� ` , y�` �� /1-GC�„��w+K` l -?��a' ' ,� �' , �- �� , �-12(/��, ^ w , . .1 ^ � . � � — ' „ �� _ � �. ..fL'i �t' r3-(.��,-`. GL-i (IE�d �. Y �% "T�.-- �L � �u� � ,�i u� �L. �-.-�- .� - - � � 1 .r �s��/`i L"�, CGh. ►�C'v'r' L- � ' a r� C� �- 2�'�2 ��.�-:= � f ��►,.,� `S U � � : �--�� / �� . � .. - �� _ ' � --,� � �� ;1rv,tirK .._.�_��,� Ltr" �j ; "�' ,,� 1 r�.� �t.-f J f�" '`�l• t L� � � -,��-�' +' (/ ! ,y� � L C.0 , �-�-,% - �i r-�-., f_ c r.� ��-.�(._- �'c'4 J� .�`-��, �( �J � �1,�-�- �: +i '��- � � (7 �'1> /.` �L ��' . '�-SO%�Z. � -��nt G*�� ,,,,Z.,t� ( {.v1,a•� L �-`��-i".�- . � � J / . t�,u_� �.-E-� /t��'`''i�/`�—j V - : -� -, �—�� ' �- �i'�.�,2�r-✓� ��,� �.- r _ �� c L, h�: �� L v� J G, �r�� y � �r � �, �t �, `�1 �. , ,� June 11, 1986 Mr. James Robinson Fri dl ey Ci ty Ifal l 6341 University Avenue N.E. Fridley, MN 55432 Dear Mr. Robinson, 5609 Tn.teJuuc-t,i.ona.L PNcizutzy New Nope, I�i.nne.e o.ta S 54 2 d Phone� (6121 535-0928 1011 Universal Can has operated a recycling redemption center in Fridley for about six years. At the present time we are faced with the likelyhood or having to leave that location. We have been unable to come up with a workable location in Fridley, and this is very disappointing. Our operation has, we believe, been very rewarding. Obviously it has been financially rewarding for us or we would not have been able to remain till now. Tf�e weight of material recycled, and paid for, would indicate it has also been very � good for the conmunity. I estimate that well over two million pounds of aluminum, and bi-rnetal (steel) pop and beer cans, glass and plastic (P.E.T.) bottles and other misc- ellaneous material have been diverted from local landfills during the time we've been in operation in Fridley. In addition, the public has received in excess of �350,000.00 for their efforts. Obviously, it is our feeling that it would be beneficial to remain in Fridley. It has come to our attention that the current "S.O.R.T." location might be available. We would like to be on record as naving a strong interest in the potential use of that sigl�t. Following are ideas we present for your consideration, along with a brief des- cription of "who and what" we are. U-Can opened in April, 19a0 as a for-profit recycling operation. We have tour permanent opet-atio��s in the state: South t�linneapolis, aluoiningtun, Fr•iJley and arainerJ. We also serve Cannon Falls and Northfield with a mobile unit. In addition to the aforementioned recycling, our Bloomington operation is one of Goodwill Industries most successful drop- off sights. During our six years in business we have recycled in excess of 10,000,000 pounds of material. We have worked closely with local governmental bodies, recycling organizations, civic and charitable groups (see enclosure). We were one of the founding members of Recycling Association of Minnesota. I served on the Minneapolis Recycling Task Force, which planned and instituted the city's "curbside program". It is important to note that our association with the various organization was done out of a feeling of obligation to return something to the community. We did not expect, nor have we realiz- ed, any contracts from our work with the City of Minneapolis, or other governmental ag- encies. U-Can ►ras asked to go to Cannon Falls by the loca] folks, wt�� knew of our reputation, and �vanted a recycling program. Currently we visit there, and Northfield, every Satur- day from April lst through October. Our permanent sights operate year-round, Tuesday through Saturday, 9:00 a.m. to 4:00 p.m. The operations employ 4-5 people full-time, ,j r � k� 1 � , �(� � . ,� , � 4 �� V�� v-cn� � � � I►Lte�uutLi.on an I 10JJ New Hope, Ati.nne.ao.ta 5542d Phone� (612� 535-0928 and 5-8 people part-time. On the enclosed list are the names of our current landlords, and some others, with whom we have dealt extensively. We welcome you checking with them. ��ly brother Allen and I are also part of a different family business. That com- pany, Narry alumenthal & Sons, Inc., has served the non-ferrous casting industry for over 55 years. We both have served on a number of professional and civic conmittees. Hopefully this gives you an idea of who we are, and what U-Can is. Following are some tl�oughts we have about the current "S.O.R.T." location. First, and foreiiiost, these ideas assume acceptability of the c�ncept by Fridley, fin- ancial feasability for U-Can, and the feasability of the "physical layout". The latter item appears to be a potential problem. Our inspection leads us to believe that the current space is not adequate to provide the proper level of full-line recycling, keep- ing in mind that U-Can will serve 50-75 vehicles on a"typical" sununer day. U-Can would operate a redemption center at the "S.O.R.T." location. Operating hours would be Tuesday through Saturday, 9:00 a.m. to 4:00 p.m. U-Can would pour a slab, and erect a structure for our employees and equipment. We would use conveyors and blowers to seperate cans, and blow them into trailers. U-Can would make arrangements with the charitable organization currently operating the sigf�t (Lions Club?) to have thern supply part-time help, and to "moniter" the proposed composting sight. U-Can would pay for: Aluminum beverage cans. Qi-metal (steel) pop and beer P.E.T. (plastic) pop bottles. Household aluminum and copper U-Can ti•lould accept but not pay for: Glass bottles and jars. Newspaper * cans. scrap. * We ►vould prefer to make arrangements with one, or more, charitable grours to I�ave this sight used for them. In other words, we would help collect the material, but they would be responsible for storage containers, transportation, and sale. LJe have no problem retaining the "S.O.R.T." identification as part of this location. We believe that sorne type of signage is probably necessary on University Avenue. Some type of bathr~Q��/toilei facility would need to be available for our staff. We are not aware or the availabiiity of sewer and water, obviously this could be a major financial consideration. r ^ `_ .,1 ��" t� U C/� �. �r � , 5 6 0 9 I►Lte�uu�ti.o na.0 Pcvclru�a y New Hope, M�inne,ao.fa 55428 Phone� (612) 535-0928 10KK Our concept regarding the lease terms would be something like: A five year lease at no rent. Al1 utility operating costs to be paid by U-Can. At the end of five years title to tl�e building would be passed to the City of Fridley for "$1.00", and a new lease would be written. The new lease would be for building and land at a"nominal rate" ( A few hundred dollars per month). Qelieve tl�is covers all the basics. Again, emphasize that tl�is is a concept, and is not "written in granite". We welcome the opportunity for further discussion, and look forwarcl to working with the tolks in Fridley. A final note, we are "under the gun" as far as L11111119. Wili probably have to be out of our current location by September 1, 1986. Sincerely, , I ar-uce alumenthal President 10LL CITY OF FRIDLEY APPFALS COPiMISSION MEETING, JUNE 24, 1986 CALL TQ ORDER: Chairperson Betzold called the June 24, 1986, Appeals Commission order at 7:30 p.m. ROl_L CALL : Mer�bers Present: Donald Betzold, Alex Barna, Diane Sava Mer�bers Absent: Jerry Sherek Otl�ers Present: Darrel Clark, City of Fridley LeRoy Anderson, Minneapolis David Harris,420 Rice Creek vd. David and Susan Arneson, 9 68th Ave. N.E. Peter and JoAnn Rech, 816 Ruth Circle Dennis Lanz, Coon Rapid P1arc Putman, Rocheste Yvonne Hermanson, 1 71st Way N.E. Sandra Swanson 18 71st Way N.E. Dennis Anderson 124 71st Way N.E. Dennis Schell , 712] Riverview Terrace Corinne Alb , 7105 Riverview Terrace Quent Wat , 491 Overton Dr. N.F. APPROVAL OF JUNE 10, 1�6, APPEALS C0�4MISSION MINUTES: ng to MOTION BY MR. BARN ,SSCONDED BY MS. SAVAGE, TO APPROVE THE JUNE 10, I986, APPEAZS COIfMISSION MINUT AS WRITTEN. UPON A VOICE OTE, ALL VOTING AYE, CHAIRRERSON BETZOLD DECLARED THF, MOTION CARRIED UN MOUSLY. 1. PRE�NTATION OF AWARD OF APPRECIATION TO PATRICIA GABEL: /Since �ts. Gabel was unable to be at the meeting, Mr. Betzold stated he , would personally deliver the award to Ms. Gabel. 2. COtdSIDERATION OF VARIANCE REQUESTS, VAR #86-13, BY LEROY AN�ERSON. PURSUAPJT �se tn rr�e� � ��—.r. — .�vv� � �� a�� In1�U JL I D!'11.1� � 35 E E T; H YARD SETB K R 30 FEET TO S , K, RI ER� OOD .4..,... :, MOTION BY MR. BARNA, SECOP7DED BY MS, SAVAGE, TO OPEN THE PUBLIC HEAP.ING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DBCT.ARED TXE PUBLIC HEARING OPEN AT 7;32 P.M. 10MM APPEALS Cor1Mt5S1oN MEETiNG, JUNE 24, 1986 PAGE 2 Chairperson Betzold read the Administrative Staff Report: ADt1INISTRATIVE STAFF REPORT LOT 15, BLOCK 2, RIVERWO�Q PARK YAR #86-13 A. PURLIC PURPOSE SERVED BY REQUIRE�1EN7: Section 205.07.3D,1 requires a front yard with a depth of not less than thirty-five (35) feet. Public purpose served by this requirement is to allow for off-street parking with encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroach- ment into the neighbor's front yard. Section 205.07.3D.3a requires a rear yard with a depth of not less than twenty-five percent (25�) of the lot depth. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. B. STATED HARD5HIP: Site is located on a new plat and is also on a corner lot. House is 82 ft. long and lot is 120 ft. deep. Frontage is on Riverwood Drive. Solar panels would be located on the south so therefore would need more room on the south, C. ADt1INISTRATIVE STAFF REVIEW: This size house would not fit on this lot no matter what way it faces. If the Board feels this house could be built on this lot,some consider�ation could be given to moving it further to the west (rear lot line). This would put the east end of the house more in line with the required 35 foot setback for the vacant lot to the north. The existing house to the west faces Riverview Terrace and its rear yard is adjacent to this lot. Its rear yard is about 35 feet (IPP.�1. If the Board approves this request, the Staff has no stipulations to recommend. Mr. Clark stated the public hearing notice was sent out with sor�► flexibility as far as the movement of the hause. Tlne plot plan in the agenda showed 172 ft. setback in the rear yara, The pubiic hearing r�otice stated that the year yard setback could be red�cecl down as far as 5 ft. Th�s gave the Commission some flexibility in r��r�g t�e hos�se if tt��y chose io ��prove the variances. 10NN APPEALS COttMISSION MEETING� JUNE 24, 1986 PAGE 3 Mr. Clark showed the Cormission a photo of the lot taken at the rear lot line showing the adjoining house next door. Ne also showed the Commission an aerial photo of the property. Mr. Clark stated there was an inaccuracy in the staff report. The builder was not intending to put solar panels in the house at all. There would he solar g�.in through solar glazing on the south side of the house. Mr. Clark stated the reason Staff was suggestinq that the house be pushed to the west was because the house on the lot to the north would be 35 ft. fror� the property line, and the proposed house on the lot in question would be 17'-Z ft, in froni of it. Mr. Clark stated he had received a telephone call from the resident at 158 71st Way whose main concern was over the solar panels. Since there were not qoing to be any solar panels, he assumed her concern would be satisfied. t1r. Dennis Lanz, the prospective home owner, sh rnved the Commission the house plans. He stated there were no solar panels on the house. It was a series of five French doors on the front of the house intended for passive solar heat oatn during tfie winter and a massive fireplace and court tile insi�lP the house for heat gain in the winter. This type of house also required trees in front for b7ockac�e of solar gain in the summer. He stated the front of the house faced what was platted as the "side yard" an�i the side of the house faced what was platted as the"front yard". He stated there would be very few windows in tlie house which faced other than to the south. HP stated the house was quite long (the living area was 60 ft. long) and, as such, really only fit on this one lot. t1r. P1arc Putman, the landscape architect, showed slides of the site. He stated the points they attempted to pay attention to in preparing the plan was if the side yard became the front yard (which according to city ordinance, the shortest side was the front yard on a corner lot), then they had to meet a 17z ft, setback. They could go to 5 ft, or 10 ft. and 25� of the lot depth or 25 ft., whichever was less, and pay attention to the front setback of 35 ft. They keep the front setback and they end up saving a lot of trees. Ne stated this was a very nice house designed to fit on this site. F1r. Betzold stated that in order to grant the hardship, the law rPquired there had to be someihing that was unique about the land that would make it difficult to use the property. The Staff had said in the staff report that "this size house would not fit on the lot no matter what way it faces". His question was: Was the builder overbuilding on the lot and trying to put in a house that was too big on a lot that was going to require a variance? P1r. Putman stated this house fit on a long narrow lot. It was a typical ranbler house set on a rambler lot. From that viewpoint, the only variance, if the front af th� hcause was facine� the '°fr�nt yard" would be a narrowed rear yard, but the fact that they were ma�v�t��r�ing a tree buffer mitigated � � • • APPE.ALS COMMISSION �1FETI��G, JUNE 24 1986 PAGE 4 that circumstance, in that they control the adjacent lot and the likelihood of being able to control that blank wall. Mr. Betzold stated the fact that they control the adjacent lot coul�i not be a r�ajor concern in this case, because those lots are going to be sold. The Conmission faces situations all the tir�e where someone builds far too close to a lot line, and then they are stuck with what is there. There was also no guarantee that those trees would stay there either. Mr. LeRoy Anderson, the developer, stated one of the functions of siting homPs within any housing area regardless of the lot size dealt with the livability of the home. The way the property was platted, if the house was situated facing the "front yard",every time the traffic turned right, theoretically, the front of the house would get nothing but headlights. That was not ap�ro- priate siting, because they would then have to design all the living area to the rear, and thai did not make the house livable. Mr. Anderson stated that in an in-fill project where so far the averaqe sale erice has been $140,000 and this house was in the $160,000 ranye, they are looking at trying to set a character that supports and improves the surrounding housing to maximize the values. Ne did not look at it as trying to overbuild within the strict zoning aspect. P�r. Putman stated the house did cover less than 25q of the lot. P1r. Anderson stated this lot was the entry point of the dPVelopment in setting architectural characteristics. This project provided an opportunity for step- up housing for people who still want to stay within the Fridley area. Mr, Barna stated that as the house was designed, he could not see anything that would justify a hardship. The house could be changed very slightly and be made suitable for the lot. Mr, Lanz stated there were many ways they could build on this lot. Obviously, they co�ald build a smaller house and fac� the house east, but he could gu3rantee that house would not be anywhere as nice as the proposed house. Mr. Putman stated this was a very unusual site; and if they want to use trade words, that created har•dships in design. If there was a special corner lot ►�ith gradey with trees, it warranted value. If it was in the cttrner of a deve7opment, from the city standpoint, from being proud of the community to designing a good prp�ect that holds its value well in initial sales and follor�- up sales, it made sense to try to do something well. Now someone has come forward willing to spend $20-30,000 more than the average for the rest of the houses in the area and build a custom house that required one setback variance and changed the definition of the "front yard". From that standpoint, the ]ot was difficu�t to b��7d �n, Mr. Barna state� he aqreed with th� petitioner regard�ng the front yard versus side yard issu�, 10PP APPEALS COt'�1ISSION MEETIPaG JUNE 24 1986 PAGE 5 Ms. Yvonne Hermanson, 180 71st Way, stated she lived directly across from the proposed house. Sne stated she loved the trees, and she hoped the builder would save as many trees as possible. She would be concerned about the nelghbors to the west that their back yard would not have a house sitting too close, and she would object if the variance was granted to reduce the rear yard setback to 5 ft. That would be too close to the neighbor's property line. Mr. Putman stated that if f�e lived across the street, he �vould want this house bui7t compared to what might be built there� Given the front yard setback, the required side yard setback would be 17z ft. If they chan�ed the definition of tf�e front yard to what the ordinance required, this house then moved forward. If the neighbors want more trees, it was better to have a i�ouse that was long and narrow and set back 35 ft. from 71st lJay. Mr. Anderson stated the reason to stay at 172 ft, on the rear yard was to keep the house further away from the neighbor to the west and not disturb the tree buffer on the west side. Ms. Corinne Albay, 7105 Riverview Terrace, stated she lived on the lot to the west. Her main objection was if the setback was reduced to 5 ft. If the setback was 172 ft. and with the tree buffer, she would not object to the variances. She stated the house as planned made sense to her. P1r. Betzold stated that if the city code had said that 71st Way was the frant of the lot, then the only variance that would be needed by the petitioner would be the rear lot line (north). Mr. Clark stated the house as proposed was 11 ft. from the property line at the closest point. The requirement was 25 ft. He stated one thing they miqht want to consider was that if the house on the lot to the n�rth was moved to �he nortt�, then the houses would be farther apart. Mr. Anderson stated he would agree to that if the Corrnnission approved the variance with a stipulation to offset the house on the lot to the north. He could agree to a house 46-47 ft, in length on lot 14 to the north. That would give about 30 ft. between the two structures. Mr. Qill May, 7110 Riverview Terrace, stated that if the house was going to sit on the lot the way it was proposed, he would ask that the Appeals Corr�nission vote "yes" for the variances. He stated he thought the house would look good in the neighborhood. Mr. Dennis Scheller, 7121 Riverview Terrace, stated he appreciated the aesthetics with the way the house was proposed. He would like to see the variance grar�ted. MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO CLOSE THE PUBLIC HEARING. UPON A VOICE I�OT°, ALL VOTLNG AYE, CFI�TRFF,RSON BF,TZOLD DECLARED THE PUBLIC HEARING CLOSED AT 8:42 P.M. 10QQ APPEALS C(N1�4ISSION MEETI��G JUNE 24 1986 pAr,E 6 Mr. Barna stated the hardship was still hard to define. They were talking about a solar house frontage, not solar panels. According to state guide- lines, solar was one of the things they can look at in allowing variances. So, he would rationalize the hardship as the double frontage of the lot, the desire to have a solar aspect to ihe F�ouse, the maintaining of the front yard to the south which was legally the side yard, and then requiring an aesthetic maintenance of a rear yard whicfi, if the frontage of the lot to the north was added, would not require a variance. Ms. Savage stated she had some concerns mainly because it just seemed that the house was too big for the lot. However, it appeared that with the stipu- lation assuggested by Staff, it would aesthetically enlarge the lot so the spirit of the code r�ould be met. So, she did not disapprove of the var��nc� as long as they rtiake that stipulation. Mr. Betzo7d stated he did agree with the developer that it made more sense on this particular lot to have the house facing 71st tJay. He did not think this particular house should be facing Riverwood Drive. However, that did create some problems and needs and they have to look at the whole situation. Corner lots have also been quite troublesome. He stated the hardship was a little bit thin, but he thouqht they had found a way that should be able to keep everything within tfie spirit of the code. They have been told this is a key deve7opment corner and that this is a very important development. Since they have spent about 1 hr. 15 min, discussing this, he felt that, even if thP Commission does agree to grant the variances, that maybe the City Council should take a look at this too. Mr. Dennis Lanz stated that if this had to g� on to the City Council on July 21, he would not wait that long. He would build a house elsewhere. He stated this would be another delay,,and then there were no guarantees that the �ity Council would approve the variance. He stated he would not go on ►�1th this to City Council. �1r. Betzold stated he still felt strongly that the City Council should look at this variance request. Whatever is built on this lot will be there a long time. MOTIDN BY MR. BARNA, SECONDED BY MS. SAVAGE, TO RECOMMEND TO CITY CO(1NCIL P� PROVAL OF THE VARIANCE REQUESTS, VAR #f86-13, BY LEROY ANDEP.SON, PURSUANT TO CHAPTER 205 OF THF. FRIDLEY CITY CODE, TO REDUCE THE FRONT YARD SETBACK (Er7STEFZLY SIDE OF THE LOT) FROM 35 FT . TO 17� FT .; TO REDUCE THE REAR YARD SETBACK (WESTERLY SIDE OF THE LOT) FROM 30 FT. TO 17� FT.,WITH TKE STIPULATION THAT THE NOUSE ON THE ADJOINING LOT (LOT 14) OWNED BY THE PP.ESENT ODINER BE 20 FT. FROM TNE SOUTH LOT LINE. UPON A VOICE VOTE, BARNA.AND SAVAGE VOTING AYE, BETZOLD VOTING NAY, CHAIR- PERSON BETZ�LD DECLARED THE MOTION CARRIED. Mr. Betzoid stated �h�s item would go to City Council on July 21. APPEALS COt1MISSION MEETING, JUNE 24, 1986 ___ PAGE 7 3. C�P�SIDERATION OF A VARIANCE REQUEST, VAR #86-14, BY DAVID HARRIS, PURSUA�JT T'II-L'�i�TEi�' I LEY CITY CODE, TO REDU(,t � Ht f KUN I YHKU 5t I tiHl,K N Y, MI�NESOT , XCEP N S , �XCEPT THE � HE � 30 , H A HE 0_H_ � ` ' � � •_ �� :�� - MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO OPEN THE PUBLIC HEARIiJG. UPON A VDICE VOTE, ALL VOTING AYE, CHAIRPF.RSON BETZOLD DECLARED THF. PIIBLIC HEARING OPEN AT 8:50 P.tf. MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO WAIVE THE FORMAL READING OF THE ADMINISTRATIVE STAFF REPORT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. The Administrative Staff Report was as follows: ADMINISTRATIVE STAFF REPORT 1200 OSBORNE ROAD N.E. VAR #86-14 �. PUaLIC PURPOSE SERVED BY REQUIREP1ENT: Section 205.15.3, C, 1 requires permitted buildinqs and uses, except automobile parking and loading spaces, driveway, essential services, walks and pla�ting spaces shall not be closer to any public right-of- way than eighty (80) feet. Public purpose served by this requirement is to provide for adequate parking and open landscaped areas as well as to avoid congestion and provide adequate site clearances in commercial arPas. B. STATED HARDSHIP: "I am presently requesting rezoning from C-3 to C-2 which would allo�� for 35 ft, setback in order to expedite the construction of the first building. I am seeking approval of the variance prior to rezoning." C. ADP1I�JISTRATIVE STAFF REVIEW: The petitioner's property is located in an area currently zoned C-3, which requires a minimum front yard setback of eighty (80) feet. The 10RR APPEALS C��1�IISSION MEETING, JIJNE 24 1986 PAGF 8 petitioner is which requires order to build currently pursuing a rez�ning of his property to C-2, only a tF�irty-five (35) foot front yard setback on a ne►rl dental lab. lL�� The Planning Gommission has reca►miended approval of the petitioner's rezoning request. The rezoning request now goes to City Council. The petltioner is concurrently seeking for the same property a variance to reduce the front yard setback from eight (80) feet to thirty-five (35) feet due to the fact that variance requests usually require far less time for processing than do rezoning requests. Mr. Clark stated the property was located east of Highway 65 and south of Osborne Road. As stated in the Staff report, the petitioner was asking for a rezoning to C-2 which would reduce the setbacks to 35 ft. If the rezoning is appr�oved, this variance would be moot. Mr. Clark stated the only stipulation he would suggest i�as that the proposed dental lab be pushed to the east so that it is 35 ft. from the proposed Viron Road, if physically possible with the storm sewer easement. Mr. Betzold stated the rezoning to C-2 came before the last Planning Comr�ission meet=ng, and the Planning Corrnnission recommended to the City Council approval of the rezoning. �1r. Harris stated the reason he was requesting a rezoning and a variance at the same time was because of a time requirement. Under state law, he was allowed to have one building permit for every 5 acres. He could apply for a bui7ding permii, but he would be confronted with the 80 ft, setback with the C-3 zoning. He was trying to accomnodate the builder by proceeding with both avenues so tF�ey can start construction at thP earliest possible date. He aias 41so replatting the property to correct all the mistakes that have been made on �this land. l•fOTr�jN BY MR. BARNA, SECONDED BY MS. SAVAGE, TO CLOSE THE PUBLIC HEARING. UPON A vOICE VOTE, ALL VOTING AYE, CXAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 9:00 P.M. MOTION BY MR. BARNA, SECONDED BY MS. SAVAGE, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A VARIANCE REQUEST, VAR #86-14, BY DAVID HARRIS TO REDUCE THE FRONT YARD SETBACK FROM 80 FT. TO 35 FT. OFF OSBORNE ROAD TO AL7AF7 THE CONSTRUCTIQN OF AN OFFICE BUILDING ON TXE PROPOSED LOT 2, BIACK 1, A& R DEI�ELOPMENT, SECTION 12, T-30, R-24, ANOKA COUNTY MINNESOTA, THF. SAME BEING 1200 OSBORNE ROAD N.E., WITH THE STIPULATION THAT THE PETITIONER WORK WITH CITY STAFF IN TRYING TO MAINTAIN A 35 FT WESTERLY SETBACK OFF THE PROPOSED VIRON ROAD, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Betzold stated this would go to City Council on July 21. �..__._ ._ � � ,. � � -' �.,s � o��- �3 .," ��JO� e B VAR #86-13 10TT a � �. �' N Riverwood Park 2 v /' ,: ;'� � ��) ,, �1y� ^ � �� ,. . ' , • •� �� .) I i :, • , u< < . .'i. .3.'.A r + ��'{`/�� G '�' ' �. ��r' y� i, • I (�) � ,+4 �3yG' � � =��„ � �� ; ° �fi� ) �. 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R. �a , _. .- ' � I � �� ' ' � �f � � f �466 � i �' -_ �\\\\ m � � /\ VAR #86-14 ►-' . 12Q0 Osborne Rodd OaBO�nt� RD. � ti �o S9/ 10WW . : �t vN+]M!Q � 'V'O£ - '{ ._� _ - - — - ��_� e , ' , , � � ' � ' � � � i • '� i f / � � � ��i5 � i66 ; � ��•;, ;� . � � i � �,� , � ; , � � . . . ,��, \�'�. � � � g � , 3c ` t�s�'Q3ta o�'d � '� �� ,�� • � { .. � � � b . `�� . \ � � � Y''� j o '� . � ` �� \ '�\' i : � � �� ,\ .; , ! � ► � �Q \�\ � �\� � �I ;� � , �. , � � � � , .,, . � � y � � . �. � � � � , `� � '. \ {I, \ . � � .\�; � � � � � �\�\\ ��\� . � - I �. � .,\ � \�, �.�� , a r -•- --_.i ��\��, o�oo �\� ��, • _ __ _ !^ � s•t� � �. •\�.\� � � \ ` \�\ ` \ s'LI ,o'— s � � I � � � • i �e, I ,k— �-' »�S��b6 { � �+S'bb�� , �i . ( � ,� �� •t 0 . • �� I � I , ---T-/--�- - � � . � I • ` � ' I I ' � 1 � 1 � " � , , � o�� , i i .� � ; '\ /' � i ; i , ,• ' i ' , _�.. � �---- i . ' , ti dut�)�1t! Yvi � o, o i, ` � ��'' � , � � ; / ;a � , , : �! 1 1 ` � � a ,/ �� , , j � ; : , , �' � � � �� ! . _ , , � i . 1 _____ t . ?_ _ ._.L , �' '_ ! } : -- y.. _ _ i } ;c-t� _.s�-- ---- ---- __ - ,o•VOj---- -=-�-- -- i p- - ---..._.__ _ - - --------- - - ---- - Y�+-- - �_ _-- �� 59� � ; I � - - -- -b 11 CITY OF FRIDLEY CATV ADVISORY-COl1MISSION MEETING, JUNE 25, 1986 CALL TO ORDER: ' Chairperson Peterson called the June 25, 1986 CATV Advis�ry Commission meeting to order at 7:05 p.m. RQLL CALL: Mer�ers Present: Duane Peterson, Barbara HughPS, Ed Kaspszak, Ralph Stouffer t�er�bers Absent: Burt IJeaver Others Present: Clyde Ttoravetz, Ciiy Paul Kaspszak, ACCW Don Tleyers, Principal of Fridley of Fridl ey f�i gh School APPROVAL OF �1AY 15, 1986, CATV ADVISORY C�MMISSION MINUTES: MOTION BY t1R. STOUFFER, SECONDED BY MR. KASPSZAK, TO APPROVE TfIE AIAY I5, 1986, CATV ADIIISORY COMMISSION MINUTES $S WRITTEN. UPON A VOICE VOTE, ALL VOTING AYF., CHAIRPERSOP7 PETERSON DECLARF,D THE MOTION CAF:RIED U.VANIMOUSLY. 1. RECEIVE PUBLIC COPIMENT ON TRANSFER OF 04JNERSHIP AND/OR FRAtJCNISE RENEWAL: Dr. Meyers stated he was representing District 14 and was speaking on behalf of Dr. Rens and the District, because they have a deep interest in the cable teTevision franchise in Fridley. He stated they are hopinq that as the Cormission explores and develops this franchise idea that whoever holds the franchise will find a way to be compatible with other cable TV franchise holders in adjoining school districts. Dr. Meyers stated that the Fridley, Spring Lake Park, and Columbia Heights' Boards of Education have signed an agreement, a long range commitment to each other, that as the population bases change and as they explore ways of ineeting the eciucational needs of the children in the community, they look at inter- active te�evision caurs�s to be held on different campuses. He stated some of the off-ca�rus courses are being shared between the school districts now, but tfiey do see tf�e potential to offer interactive television courses in various 6uildings. Most common things for Fridley were high level foreiqn 7anguage classes. For example, this year Columbia Heights will be sendinc� eight Spanish IV senior students to take pari in Fridley High School's SPanish IY class, 6ecause Columbia Heights does nat have enough students to form a core of a class. Some of this could be handied through interactive television so students cac��d responcf back and forth without leaving their schools. Obviously, tra�sportatian of students was the most difficult part and also meshing schedules. With a television franchise that could he hooked up 11A CATV ADVISORY COMMISSI(N� MFETING z JUNE 25, 1986 PAGE and interfaced with other systens, there were some real gains for them in the education field. Dr. Meyers stated something related to this that might be of interest to the Commission members was tF�at he had met with Dr. Clem Coverston, Principal of the Columbia Heights High School, and Dr. Stan Prolopowicz, Principal of Spring Lake Park High ScF�ool, about two months ago, and they are exploring costs of putting in a low mega-herz television system between the three school districts. Mr. Ed.Kaspszak stated that if th�re was any kind of documentation in writing regarding the commitment made by the three school districts, he would appreci- ate it if ISr. Meyers could make that available to the City. Dr. Meyers siated he would check into this; and if there was any documentation, he would send it to Mr. Moravetz. P1r. Peterson asked if the Fridley schools were set up with any equipr�ent at this poin� to utilize an institutional network. Dr. Meyers stated originally conduit was put in to the Fridley High School for television; but to say they were set up for an institutional network at this time was inaccurate. He stated the Comnission might want to ask Dr. Clem Colverston, Principal of Columbia Heights f�igh School, some questions regarding tf�e microwave exploration because he has done most of that. Mr. Moravetz stated Dr. Meyers might want to inform Dr. Colverston and Dr. Prolopowicz that they have until July 15, 1986, to submit written comments relating to the upcoming refranchising, and those corxnents could be submitted to him. ' Ms. Nughes stated Columbia Heights has a1�Nays been pretty involved in the electronic and audio visual things, but was there a hierarchy in capability within the school districts? Dr. ��eyers stated he did not think any of the school districts have explored that very deeply. Ile agreed Columbia Heights has probably done a little more. Mr. Ed Kaspszak asked if there had been any discussion to include St. Anthony or Grace Totino in this consortium. Dr. Meyers stated �e did not think there had been, but the three school districts certainly were not an exclusive group. Ms. Hughes stated the obvious need is going to be in the small classes at the high school level, but what about elementary level involvement? Dr. �leyers stated.he thought if there was some ap�lication at the high school level, there was surely application that could be used at the elPmentary level also. 11B CATV ADVISORY COMMISSION MEETING, JUNE 25, 1986 PArE 3 Mr. Peterson thanked Dr. Meyers for his comnents. Mr. Paul Kaspszak stated he was with the ACCW. He stated the ACCW was very interested in the transfer of ownership. They have enjoyed an excellent w�rking relationship with the current cable company, and it is there hope that this relationship will continue in the future, not necessarily for the sake of the Workshop, but for t�e sake of public access. Mr. Paul Kaspszak sta�ed he felt the ACCW played a very important role in the community. Public access provided the ability to bring the canmunity together. The Fridley 49'ers Days Parade was a very good example. This was their third or fourth year in the parade and they were very recognizable to the people. He stated public access also provided an excellent way for people to talk to each other and to communicate with each other, both in having fun and in serious issues. Mr, paul Kaspszak stated he felt the BCCW throughout the years has proven its leadership ability and has proven is is capable of at least partially supPorting itself, considering the limited resources available, f�e thought the ACCW was in a 6etter position than other access entities around the area, because they are community involved. He thought that when cable companies become deeply involved in access, they lose some of that community involvement. Access is no� as proficient or as useful as it could be when cable is running the access portion. Mr. Paul Kaspszak stated that hopefully with the transfer of ownership, they can continue to build on what has already been built, and continue to be an example as a leader to various other corrmunities that are going through transfers and cfianges. Mr, Peterson asked if the Corrmission was going to receive a written report from the ACCIJ suggesting what equipment is unusable, what needs replacinq, etc. Mr. Paul Kaspszak stated the ACCW could provide that information to the Commission. Mr. Ed Kaspszak suggested the ACCW provide the following information to the Comnission: �. A leiter identif,��r�g the equipment they now have, the equipment they are going to need, ��oking at it on a 15-year commitment bas�s, and breaking it down, if possibTe, into increments of 5 years, 2. If possible, identify a promotion plan for 15 years--how they visualize the function of the ACCW 10-15 years from now. 3. If possible,put together a business plan. Mr. Peterson tF�anked Mr. Paul Kaspszak for his comments. 11C CATV ADVISORY COt�MI5SI0N MEETING JUNE 25 1986 PAGE 4 ADJOURtdMENT: Chairperson Peterson declareae�hforuthe2Commissionnmembersstn attendsthencontinued adjourned at 7:26 p.m. in or eublic hearing on the transfer of ownership in the Council Chambers before the Gity Council at 7:30 p.m. Respectfully subm�tted, , �� ` y n� Saba Recording Secretary � �2 I •� y� f RIDL�EY DIFiECTORATE OF PUBLIC WORKS MEMOAANDUM R�: Jahn G. Flora, Puhlic Works Director F'ROM: Mark L. Burch, Asst. R�lalic Works Director II�TE: July 11, 1986 SiJBJDCT: Award of Contract for Water & Sanitaiy S�aer Imprwene.nt Proj ect No. 162 0 PW86 196 �, o�°Q °a _b�� -=�°� ,� � � On Thursday, April 17, 1986, we received fourteen bids for Water and Sanitary Sewer Project No. 162. the low bidder was Orfei & Sons, Inc. of St. Paul, t�l, with a b�id of $159,589.06. Orfei & Sons, Inc. has agreed to maintain their prioes quoted in their bid of April 17 beyond the 60-�lay awazd period originally specif ied in the bid docunents to July 15, 1986. We reoatmiend that the City Q�uncil award the a�ntract for Water & Sanitary Sewer Project No. 162 for $159,589.06 contingent upon the execution of the clevelopnent agreenent with Woodbridge Properties. t�a/ts 12A BID OPENING 3� 00 p• K �URSDAY, �PRIL 17, 19 � W6TER � SANITARY S�.i�IER PROJECT �162 � g� � TOTAL I � BOND I BID i COt�NTS PLANHOLDER i � Oref i d� Sons, Ina C; 9 S� 5:�.� `1 � � � P 0. B ox 1 6 3 5 8 I 5x i 159, 5 89. 06 i St. Paul, 1'� 55116-0358 1 � ` I - F.M. Frattalone Excavatiag � � 163�923•001 3066 Spruce Street � 5� � � St. Paul, !g1 55117 � � I � - _ { { A. C. G. Inc. 5 87 S. W. i st St. I 5i i 172 � 144. 00; Nex Brighton� !'A1 55112 i I � Burschville Construction � � �g��202.65i Box 167 i 5X � I Loretto� t�d 55357 � _ � s i i i .1. p. Norex � Inc. � 5� _ � g2 � q6 �, 00 ; P, o. sox u76 � � I Chanhassen� !'B� 55317 I � � I � S.J. Louis Construction � 5� � 183�153•60{ RR4, P. 0. Box 51 � � I St. Cloud, t� 56 302 = � ` � � I F. F. Jedlicki, Inc. S 5% � 192� gg g, 00; 14203 West 62nd St. , � Eden Prairie, !� 55344 ; � � G.L. Contracting ; 5Z 210,892.67i P, o. Box 340 � Hopkins� t� 55343 = _ ; Park Construction Company � � � 7900 Beech Street� b.E. � 5i � 212,122.391 i l4inneapolis, 1'� 55�i3� � ` _ � B� D Underground, Inc. � j ` 613� S�set Drive { 5� i 216,6 61.001 � ' i Nound, !�1 5536 �+ � � � � � 12B - 2 - � BID � TOTAI. I PLANHOLDER I BOND � BID I COI�NTS I 1 I Hydrocon, Iac. I I I Box 129 1 5i I 230,677•001 � North Branch, I�1 55056 I I i I I 1 Arcon Const. Co. , Inc. I I I P. 0. Box 57 { 5f I 234, 339• 95 I Mora, !�l 55051 1 I I 1 I I Crossings, Inc. I I I Box 1 o I 5f I 23 8, 676. 731 Prior LAke� t�1 55372 I i i I I I Ames Const. Co. , Inc. I I I 14420 Co. Rd. 15 I 5i I 242, 6 59. 501 Burnsville, !�W 55337 I I I I I I 13 WOODBRIDGE/LAKE °C1"!TE DEVELOP��ENT D�i�LITIDN & SITE GRADING PRCITECT �163 � APRII. 17 I J tII�Y 11 I ��cLnEx i Bms I Bms I DI�x�rtcE I I I �nes �nst. �. , Inc. I I ( 14420 Co. Rd. �5 11,625,000.00�1,549,667.501 - 85,400.00 Burnsville, NN 55337 i i I D.H. Blattner & Sons I I I 1400 Concordia 13,410,000.001 — I — St. F� ul, M� 55104 I I I � I I D. L. R. Construction Can�rYy I I I 11545 - 190tn St., E. 11,525,000.661 — I — �:astings, M� 55033 � I I I I I I F. f�i. Frattalone Excavating I I I 3066 S�ruce Street 11,439,900.0011,439,900.001 -0- St. Paul, t•I1 55117 I I � I I I C. S. rk�Crossan, Inc. I I P.O. Box 247 I — 12.883.750•001 -- r�agle Grove, rN 55369 ( I � I I I t��inn-Kota Excavating I I I 3401 - 85th Ave., N. � — 11,225,250.001 -- r:inneapol is, rY� 55443 I I � __ I I I Park Construction C,o. I I I 7900 Beecti St., N.E. I 972,514.0011,293,000.00� + 320,500.00 Friale��, bY� 55432 I I I I I � .� '.� �ITYOF f R1 DLEY pIqECTORATE �F PUBLlC WORKS MEMOFiANDUM 'I�O: John G. Flora, Public Works Director PW86-199 � FROM: Mark L. Burch, Asst. Public Works Director LIATE: July 16, 1986 SUBJECT: Street Zmprav�nent Project St. 1986 - 3 On Tuesday, July 15, 1986, we receive-d six bids for Street Improve�tent Project St. 1986 - 3. This project consists of the ik�iversity Ave. West Service Drive frcen• 81st Ave. to 83n� Ave. The law bidder was H& S Asphalt, Inc. of Anoka, NN, with a bid of $98,606.00. We rec�zd that the City Council award the Contract for Street Improvelrient Project St. 1986 - 3 to H& S Asphalt, Inc. for $98,606.00. MLB/ts �� v� �?� �o ,� � � 14A BID OPII�IIl�]G 11: 00 P. N,. �i1ESDAY, JtII�Y 15, 1986 S�T IMF�tOJII��NT PRCI7DCT N0. ST. 1986-3 I B� I To� I •��ca.,nEx I � I sm I mr'Il"�� I I I x& s Aspnalt I s$ I I 1700 Industry Blvd. I Bond I$ 98,606.00 � Anoka, rN 55303 I ( I I I I C. s. t�,cCrossan I 5� ( I Box 246 IBond I$104,565.35 I N,aple Grave, rN 55369- I I I 0247 I I I i I I t�,i�aest Asphalt 15$ I I P.O. Box 238 Lane IBond IS110,424.10 I Hopkins, rN 55343 I I I , I { I Alber Construction, Inc. 15$ I I 4901 47. r�d. Lk. Rd. IBond IS112,769.90 I Plymouth, rY1 55442 I I I i I I Tylexander Const. Cb. I� I I 14561 Johhny Cake Ridge Road IBond I$114,961.10 I Apple Valley, rN 55124 I I ( I I I Va11ey Paving I5� I I 151 Silver Lake Road, IBond I$123,924.10 I Suite �7 I I I Nc�a Brignton, M� 55112 1 I I � � � � RFBCLDTIDN N0. - 1986 A RFSCI,OTION � IIZTER IN� AN AGREEMENT WITH THE STATE OF MIAII�1F50TA, DEP�IRZi�1T OF PUBLIC SAFETY, � PROVIDE INSPECTION SFRVIQ'�. WHIItFAS, it has been determined to be in the best interests of the City of FYidley, Minnesota to enter into an agreenent with �e State Fire Marshal Division of the Minnesota Departrnent o�f Public Safety to pravide inspection servioes of hotels and motels, and WHII2EAS, the City o� Fridley is aware that in order to �xirticipate in the agreene.nt, it must have trair�ed inspectors, and WHF�tEAS, the State of Minnesota has agreed to pravide the required training at no wst to the City o� Fridley. NC��I, �II2F�Et�RE BE a RES�VID, BY THE CLTY Q�TN(�, OF ZSE GLTY OF FRI�I,EY, P�I�II1E50TA, AS FC�i.i,GWS: That the Mayor and City Manager are authorized to sign an agreenent with the State Fire Marshal Division of the Minnesota Depari�nent of Public Safety to provide inspection services of hotels and motels within the oorp�rate limits of the City o� FridlEy. H�S.SID AND ADOPPID BY 7�E QTY Q'XJNCIL OF THE CITY OF FRID[,EY THIS nAY OF , 1986. WILL IAM J. NEE - Ng1Y0R ATTFST: 3�i IRL EY A. HA�LA - CITY Q� FRK 3/2/1/1 15 RESC[,tTPION N0. - 1986 R�SCi,UTION IN SUPPORT OF ZI3E QTY OF MOUDIDS VIEW �NCERNS RDCARDING UI�IDF.�ROUI�ID �JII, DISTRIBUI'ION LINES WHII2EAS, the City of Mounds View recently experienced a failure in an underground fuel distribution line operated b� Willia�ns Pipeline, and WHEREAS, this failure resulted in the c3eath of two persons and considerable property damage, and WI�2FAS, this failure also oontributed to the oontamination of ground water and soil, and WHF�tEAS, �dergro�md pipelines are also located in the City of Fridle�, and WI�REAS, the residents of Fridley are also concerned with the status and condition of these underground pipelines. NCW, gIEREFnRE, BE IT RF�C[,VID BY �iE QTY OF FRIDLEY that we request the Office of Pipeline Safety to require the follawing actions be accomplished on tmcierground fuel d.istribution lines: 1. Visual inspection of pipelines be oonciucted. 2. �he pipeline trenches be examined for organic materials which can adversely react with the pipeline material. 3. All welds are x-rayed. 4. As a result of the above findings, sections of pipe be reglaced as necessary. PASSID AND ADOPTID BY gIE QTY �iJNC�. OF TFiE CITY OF FRIDLEY THIS L�,Y OF , 1986 . WILL IAM J. NEE - MAYOR ATI'FST: 33IRLEY A. �� C;I'I'Y CT,ERK 3/6/1,/1 , 16 ORDINANCE N0. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1 SECTION 2 Appendix D of the City Code of Fridley is amended as hereinafter indicated. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 4, Auditor's Subdivision No. 155, except that part taken for Highway, and Lot S, Auditor's Subdivision No. 155, except that part taken for Highway, and the south two hundred feet of the north half of the north half of the southeast quarter of Section 23, T-30, R-24 west, except that part taken for Highway, and a portion of Lot S, Block 5, Donnay's Lakeview Manor Addition, (that portion of said Lot S, Block S, is also known as Lot 3, Block 1, Lake Pointe Corporate Center, a proposed plat) on file in the City Manager's Office, in and for Fridley, Minnesota, all located in the south half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Is hereby designated to be in the Zoned District known as S-2 (Redevelopment District). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-3 (General Shopping Center), C-1 (Local Business), R-1 (One Family Dwelling) and R-3 (General Multiple Dwelling) to S-2 (Redevelopment District). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1986 WILLIAM J. NEE - MAYOR ATTEST: �HIRLEY A. HAAPALA - CITY CLERK Public Hearing: February 24, 1986 First Reading: March 3, 1986 Second Reading: Publish: 17 17A WOODBRIDGE PROPERTIES, I��C, ZOA #s5-05 STIPULATIOPdS 1, CHANGES TO THE MASTER PLAN SHALL BE HANDLED AS OUTLINED IN THE HOUSING & REDEVELOPMENT AUTHORITY MEMO TO THE PLANNING �OMMISSION DATED �ANUARY 9, 1986� 2, PRIOR TO ISSUANCE OF THE FIRST BUILDING PERMIT THE DEVELOPER SUBMIT FOR fIOUSING & REDEVELOPMENTISTAFF APPROVAL THE FOLLOWING COh1PREHENSIVE PLANS WITH PHASING DETAILSj A� STORM DRAINAGE B� LANDSCAPING C� �IGHTING D, SIGNAGE E, ARCHITECTURAL FACADE MATERIAL PLAN INCLUDING RAMP TREATMENTS 3� REZONING OF THE .JOHNSON PROPERTY, LOT 5, BLOCK S, DONNAY�S LAKEVIEW MANOR ADDITION, IS CONTINGENT UPON SITE CONTROL OF THE .JOHNSON PROPERTY BY THE HOUSING & REDEVELOPMENT AUTHORITY, OFFICIAL PUBLICATION OF THE ORDINANCE TO BE COORDINATED h'ITH AC(�U I S I T I ON DATE , 17B CITY OF FRIDLEY PLA�J�JIi�G COtiP1ISSI0�� 1EETING, JA�JUARY 22, 1986 CALL TO ORDER: Chairperson Gabel calleci the January 22, 1936, Planning Comn' ion meeting t� �or�fer at 7:31 p.n. ROLL CALL: Mer�bers Present: Pat Gabel, LeRoy Oquist, Dav ondrick, IJayne Wellan, Don Qetzold hlei�bers Absent: Eob Plinton, Dean S Otliers Present: Jir� Robinson, nninc� Coordinator Dave 4Jeir, l dbridge Properties Eric P�es , �Joodbridge Pro�erties Linda sher, rep. Woodbridge Properties Ji� enshoof, Benshoof & Assoc. ee attached list) , APPROVAL �JN�UARY 8, 1986, PLAP�f�ItJG COtiMISSION P1I�JU7ES: M0^'I .: B1' I1R. OQiII.ST, SECONDED BY MR. KOh'DRICY., TO APPROVE THE JAN. 8, 1986, P�"�:;I;�G Cn';:1ISSIOA' N.INUTES AS P�lZI^_'TEN. U�'O:: A VOICE VOTE, ALL VOTING AYE, CHAIRPETrc0:7 GABEL DF.CZ,r7RED TIfE MOT7017 CARRIED UIJA::IMDUSLY. 1. PUfiLIC IIEARI�: COt�SI�ERATIO�� OF' A RE7_OP�IP�G REQUEST, ZOA �85-05, BY THF (zIDLEY HOUSING & REDEVELOPIE A� R UP I0� l�I l �0�[32 f�G . ('R�PERTIES, INC.: To rezone rom C-3 (:eneral Shopping Center), C-1 (Local Qusinessi, R-1 (O�ie Faaily Dwelling) and P,-3 (General hiultiple Dwelling� to S-2 (pedevelop- ment District) on Lot 4, Auditor's Subdivision PJo. 155, except that part taken for High�•�ay, and Lot 5, Auditor's Subdivision No. 155, except that part taE:en for Highway, and the south tr�o hundred feet of the north t�alf of the north half of the southeast quarter of Section 23, T-30, R-24 west, except tl�at part taken f or Highway, and a portion of Lot 5, Block 5, Donnay's La�:eview '�ianor Addition, according to the prelininary plat thereof on file in the City ��lanager's Office, in and for Fridley, '•linnesota, all located in the south half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota. ' MOTION BY MR. WF.Y,LA.N, SECO?JDED BY 1lR. BETZOLD, TO OPEIJ THE PUBLIC HEAP.II]G. UPOA' A 1�OICE VO'�E, ALL Vl3TIPIG AYE, CXAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:32 P.M, 17C p��;�r�IiJG Ca�4�1ISSI0N NEETI��G, JAt�UARY 22, 1986 PAGF 2 "!r. Robinson stated this Froject, Lake Pointe Corporate Center, was beinq developed by Woodbridge Properties in cooperation with the City of Fridley the Housing & Redevelopment Autnority �HRA). The project has been brought bef ore the public in the past at HRA meetings, and this was basicallv the sar�e project which the neighborhood has already seen. � Mr. Robinson stated the issue before the Planning Corr�ission at this puhlic hearing ►ras a reionins to S-2, redevelopment district ioning which was created to facilitate creative-type master plans such as this. The property was located just west of Highway 65 and north of I-694, and has been established as a tax increment district. The properties being discussed included the existing drive-in property and Lot 5, Block 5, Donnay's Lakeview ��anor Addition, owned by Mr. Gerald Johnson. P'r. Robinson stated the basic rezoning proposal was to take the existing pro�erty which ►�as zoned predoninately C-3 (the City's highest zoning), �n ad�iition to sone of the propert�i which was zoned R-3 and C-1 , and to take it t� S-2. A portion of the property would ranain R-1; that portion on the north of the drive-in which was adjacent to the existing single family and a portion of the Johnson property west of the proposed right of way line on the preliminary �4r. Rohinson stated the I�RA�,�as a co-petitioner with Woodbridge Properties on the rezoning issue. fle stated the HRA has endorsed the rezoning, and the Coiimissioners had a copy of a nemo from the HRA with their recorimendations dated Jan. 9, 1986. Mr. Ro!,inson stated the project was a nulti-phase master plan develo�xnent. It included seven office buildings, a restaurant, and a hotel with convention facilities. Also included were lo��-profile parking ramps located to the northerl� portion and adjacent to the hotel. Total Construction was close to 750,000 sq. ft., not including parking ramps. The plan called for elaborate la►�dscaping. !�1r. Robinson stated tl�e C-3 zoning was adequate to handle th? developmen±; however, when tf�ey looked at the various special use permits which would be rec�uired for building height, liquor license, and parking on R-1, they felt S-2 zoning would help strearnline the whole process. In addition, the S-?_ code included a provision that locked in tf�e master plan to the site so that in the unlikely event that IJoodbridge Properties could not develop, there would have to be additional hearings before the HP.A, Planning Cormission, and Citv Council to change the plan. Mr. Robinson stated that along with S-2 cane parameters for change ►•�hich �vere -being spelled out at this time and riere stated in the NRA's Jan. 9th mer�o. • The�� tried to alla�� for flexibility to the develo�er to build the pro,ject, but "� at the same tirae, thev bui lt in parar��eters whi ch woul d protect the singl e f ami 1�� neighborhood. Basically, any changes that would encroach on the single famil� neighborhood would be deemed as a substantial change and would require additional review by the Planning Commission and Cit�� Counci�� plat � 17D PL�l��rvir�G COritISSIOP� r�tEETIriG, JAr�UARY �22, 1986 PAGE 3 P1r. Robinson stated Staff was reconmending the following stipulations: 1. Changes to the t�aster Plan shall be handled as outlined in the NRA memo to the Planning Cor.nission dated Jan. 9, 1986. 2. Prior to issuance of the first building permit, the developer must submit for HRA/Staff approval the folla��ing com�rehensive plans with phasing details: a. storm drainage b. landscaping c. signage d. lighting e. architecturalfacade material plan including ranp treatments 3. Rezoninc� of tne Johnson property, Lot 5, Block 5, Donnay's Lakevie��tlanor Addition, is contingent upon site control of thP Johnson pro�erty by the NRA, official publication of the ordinance to be coordinated with acquisition date. ��1r. Dave Weir, tJoodbric�ge Properties, stated t•1r. Robinson had given an accurate depiction of the project. f�e stated he had very little to add. He stated thev have met a,ith the neighbors at other public hearings. Ldoodbridge Pronerties was�very supportive of the HRA's request to change the zoning from C-3 to S-2 so the City has control over the developnent process. They are comfortable with the pro{�osed rezoning and are eager to be sure they have the right to develop the property in the manner in which it has been proposed. !4s. Ga5e1 stated the Com�ission would like to hear f rom the traffic consultant associated with Woodbridge Properties. �+1r. Jim Benshoof, Traffic Engineering Consultant with Benshoof & Assoc., stated they have conducted a comprehensive traffic analysis of this developr�ent over the last several months. Based on discussions r�ith City Staff and sor�e input fron the neighhorhood, they focused their analysis on the f ollo�•�ins f our points: 1. The effects of this development and its traffic, together with other traffic at the intersection of Highway 65, Old Central, and Uest t1oore Lake Drive on the east side of the developnent. 2. The effects at Highway 47 and 57th Ave. intersection 3. The effects on local roadways in the area of 7th St., 57th Ave., and other local streets. 4. The site itself, the access and egress for the site and circulation within the development. . , 1�1r. 6enshoof stated they addressed these points through a comprehensive anal��sis that began by forecasting the traffic generated by the develo�ment, hov� many trips in and out at peak hours on a daily basis, and then assigning that through the street system according to the routes nost attractive ta people to travel to and f rom the site. The�i then added that traffic to the existing traffir, plus traffic incurring in the f uture on these roadways in the area; then 17E PL�i'I�It�G C�H��ISSIOP2 MEETING, JAP�"ARY 22, 1986 PAGE 4 analysed the effects in terms of the capacity of the roadways and intersections to serve the projected volumes, addressed the situation from a safety stand- point, and, through that analysis, arrived at a set of conclusions. He reviewed these conclusions with the Commisston: 1. There are a nunber of planned roadwav improvements in the area that will benefit all traffic in the area plus trips to and from this development--upgrading of T;� 610 bridge to be completed in 1988, I-694 �ridening, local irr�rover�ent of frontage road between 7th St. and 57th Ave. 2. The intersection of TH 65, Old Central, and tJest Moore Lake �rive presently operates at level service D(presently at its ca�acity limits) during the a.m. and p.m. peak hours. The level of service would drop slightly hy 1988. In their analysis, they naid parti- cular attention to 1988 and 2000, the reason being that 198R would be the first year after completion of the first phase of the office, plus the restaurant. By the year 2000, the developnPnt would be fully in place and occupied. 3. The intersection of t�ighway 65, Old Central, and lJest �loore Lake Drive ��ill need to be upgraded by the year 2000 regardless of what happens �vith this developnent. They have developed a concept plan to meet these needs and have reviewed that concept plan with City Staff, staff from State Department of Transportation, the Department of t�atural Resources, and Anoka County. All participants seem to concur in the need for improvements and that this concept seer�ed feasible recognizing that further riork needed to be performed. 4. The intersection of Highway 47 and 57th Ave. operates at a better level of service than Highway 65 and Old Central (level service C duriny p.n. peak hours) and will provide level D operation with the 1988 projected volumes. By year 2000, tt�e level of service would decline and would indicate a need for some improvements. Improve- ments would be of a much lesser nature than at Highway 47 and Old Central. 5. The probable need to have an "all-way" stop control at tf�e inter- section of 57th Ave. and 7th St. to serve volumes projected at that intersection; otherwise, foresee no other significant effects on local road►vays. 6. The local roadway system within the developmen± will provide a good framework for meeting the internal traffic needs. � Mr. Kirk Herman, 610 57th Ave., asked how they were going to prevent vehicles from cor�ing out of the developr�ent, heading easterly, and then cutting back on 57th Ave. Could they put �r� a rr+�dia�n sQ cars coning out could not turn if traffic was bogged down to get onto Highway 65. 17F PLA"�NIr�� COt1r�ISSION �•tEETING JA�iUARY 22, 1986 PAGE 5 Mr. Benshoof stated they are projecting just under 60% of the traffic will • come and go from the east and just over 40� ��ill cone and go from the ��est. He stated it was important to note that in this develo�ment, there was a choice; and if there should be some extraordinary delays at the Highway 65 intersection, the users would understand that and would find an �lternative route to the west. He did not expect many notorists to do what F1r. Herman was suggesting, because they feel that (1) with the appropriate improvements, this intersection will neet traffic needs; and (2) ti�ere are better choices by using the roadway systems in the propertv to 7th St. and then making other choices from the 7th St. intersection. Mr. Benslioof stated there were controls that could be provided should the City decide to do that. Qut, those controls would then apply equally to all peo�le who use it, including residents of that street. Mr. iteir stated I�r. Herman's comment was a good one to pass on to the Citv Enyineering staff when they are working on the design phase. Mr. Ed Littlejohn, 711 58th Ave., stated that in the proposal outlined b�� r. Qensl�oof, IJest �loore Lake Orive was an alternative route to Hic�h►•�a�� 65 wl�en traffic was hogged do4,n at Iligh4ray 65/Old Central. Traffic could also go on uest t•loore Lake Drive, then west on 61st to Univ. Ave. What about more traffic going by the Fridley High School and Fridley tliddle School? Mr. Oquist stated that for the traffic that would go out on 4Jest 1�loore Lake Urive, the m�jority of it ��ould be about 4:30-5:30 when school was out and most of the children would have already gone home. h1r. Floyd Hess►��ick, 5665 Quincy St., stated the plan shoa�ed only one lane going south out onto Highway 65 out of the project and two lanes going north. Ho�� would this one lane handle any additional traffic when it does not handle the current traffic? Mr. Benshoof stated that right turn would 5e subject to a yield control. There �•�ill be gaps in the traffic that the right turn novements will be able to utilize. One thing to note was that the traffic patterns to and fror� this develo�xnent are opposite the peak traffic patterns. He would also like to point out the aspect of the signal phasing change. t�Jhen the green light was on the west leg of the intersection, no other traffic would have the green light. The green light would be timed to stay on as long as there was a constant denand of traffic coming from the west, so that signal phasing change should help this situation immensely. Mr. William Kell, 5675 Jackson St., stated that ref erring to the westbound ' exit rar� o�f 694 hea�ing north on Highv�ay 65, in order to alleviate the problem of people having to cross two lanes of traffic to make a left turn at Highway 65/Old Central into the development, had any study been made to put in another exit a short distance up the ramp so that traffic could get over to the service road on the east side and then cone across on Old Central? 17G PL�L��r�I��G Co�•��ISSION t�EETI��G, JAr�UARY 22, 1986 PAGE 6 ��r. Benshoof stated they had thought of that and had discussed it with Staff and other agency staff participating. It was an idea worthy of further engineering study. It was too early for the� to judge whether it was the best idea or not. Mr. Kell asked what possibility there was to having another metered ramp from ti�e developnent entering directly onto the westbound ramp onto 694. This would eliminate a lot of the problens of traffic going out onto Nighway 65 and then onto the ramp. Mr. Sensf�oof stated that had not been discussed in depth. He thought there was sor�e reiuctance on the part of the State Departr�ent of Transportation to allow an exclusive rar�p from a development. l�r. Richard Glumac, 5725 Quincy St., stated that if he was cor�ing from West �•ioore Lake Drive to the Higf�way 65/Old Central intersection at around 4:30 p.m., if there was a lot of traffic backed up, how could he get to that intersection? Mr. Benshoof stated they have addressed that situation. They would expect a stop sign to be installed to control that. In both the morning and evening peak hours, there would be sufficient gaps incoming and outgoing to allrn•� for a left hand turn fron l�lest I�oore Lake Drive. Mr. tJellan asked about exterior lighting. h1r. Weir stated the height of the lights was less iraportant than the type of lighting fixture. The primary type of fixture, particularly in a residential area, ��ould be a box-ty�e fixture with down lighting. The typical height of the fixture would range fror� 12-16 ft. The distance of the lighting fixtures from the homes was pretty substantial. He stated they felt lighting was an extremely important factor in the kind of tone that was set for a neighborhood. Since the neighborhood was essentially a residential neighborhood, that factor was extremely inportant in selecting a fixture. The�� want to convey to the public, to traffic on I-694, to their neighbors to the north, and people on the site that this is a park-like type of environment. f1r. 6etzold asked about signage; for instance, for the hotel. Uould there be any luninous signs that would be f acing the neighborhood? t•1r. :Jeir stated they have not selected the locations on each building for signag�. tie stated tt�at purely from a directional stand�oint and inforrmational standpoint, they will be ask�ng for back-lit signs. They are not lookin, for -the neon type hard-to-look-at sign. It all has to be in keeping with the ,]etteriny style and tt�e size of the signage as it related to the scale of the �- bui ldi ng . Ne was not sure ►�hat tvpe of si gnage the hotel v�oul d be renuesti ng. He stated they are very serious about what they are proposing and the�quality level of this �roposal. �1r. Wellan asked about the storn water drainaye syster�. 17H PL�UJII�G C�t•1t4I55�0(1 11EETIP�G, Ja'�UARY 22, 1986 PAGF 7 Mr. Gerald Sunde, Civil Engineer working ►��ith �Joodbridge Pro�►erties on matters relating to platting, drainage, etc., stated the criteria used by the City of Fridley and the Rice Creek llatershed District requirenents were that they cannot discharge water at any rates greater than they were prior to any development. So, they �vill be adding some ponding areas on the Site to control the rate of discharge. P1r. ;lellan asked about contaminations from the parking lots. Mr. Sunde stated there will be sedimentation as the water goes into the pond- in� areas; also the Rice Creek ;latershed District requires they have skimr�ers on all the ponds so that any oils are skimmed off and cannot get out of the ponds. He stated the Rice Creek tJatershed District requirements were very strict. He stated the State Depart►�ent of Transportation was very interested and was workin� with then in terns of the location of the ponding areas. Ms. Gabel asked about the sanitary se��er system and its .capacity. I�r. Sunde stated the sanitary se��er system will be piped up fror� 7th St. They have done an a►ialysis on the size of the systen in the area of the site and are workiny on tf�at with tl�e City. The systen cores very close to capacity down b; University Ave., and that ��as bein� analyzed also. laOTIDN BY MR. KDI�DRICK, SECO:JDF.D BY laR. BETZOLD, TO CLOSE TNl' P��BL_'C HF.ARIt�G. UPON A VOICE VOTE, ALL '�O;"_TNG AYE, CIiAIRPERSON GABEL DECLAT,'F.D ':'IIF. PIIBLIC HEARING CLOSF.D AT 9:35 P.l�. MOTIOtd BY HR. KOi1DRICK, SECOI�DED BY MR. OQUIST, TO RECOIf!lEND TO CI:''Y COUNCIL APPROV.�L OF REZONING REQUEST, ZOA �185-05, BY THE FRIDLEY XOUSING 6 RF.DEVF.LOPMENT AUTHORITY IN COOPERATION WITH WOODBRIDGE PROPERTIES, IP1C. , TO REZOIJF. FROM �'-3 (GENERr7L SNOPPING CEN^_'ER) , C-2 (LOCAL BUSINESS) , R-1 (ONE FA!�ILY D�,'ELLINC) A1JD R—.3 (GEIJER��L l�ULTIPLE D�IEiLING) TO S-2 (REDEVELOPMEIJT DISTRICT) ON LOT 4� AUDITOR'S SUBDIVISIOIJ NO. 155, EXCEP."' THAT PAF?T TAKEN FOR HIGHWAY, AI�D ZA'l' S, �UDITOR's SUBDIVISIOI: l�O. 155, EXCEPT TH.�T PART TAKF,N FOR HZGH[JAY, Al7D Tf:E SOi1TH �'I40 HUNDRED FEET OF THE NORTH XALF OF THF. 1JORTI! HALF OF THF, SOU^'NEAST QU.IRTER OF SECTIO"7 23, T-30, R-24 WEST, F.X.CEPT TH.�T PART TAY.EN FOP. 11IGHt•IA�', n17D A PORTION OF LO^_'S, BLOCK 5, DONIJAY'S LAKEVIE:� 1fr71JOR nDDI.T.ZON, ACCORDIIJG TO THE PRELIidINARY PLAT THEREDF O?d FILE IN '_r'HE CI'I'Y M�?JAGER'S OI'FICE, IIJ �i1]D FOR FRIDLE'Y, tfZIS?dESOTA, 14LL L.UCATED IIJ THE SOUTH X1lLF OF SECTION 23, T-30, A,-24, CI:Y OF FRIDLE�', COUI�TY OF ANDICA, 1�fIN17ESOTA, WI'�'F.' Tllr FOLLD�IING STIPULATIOIIS: 1. CHANGES TO THE I�ASTER PLAN SHALL BF, XP.NDLED AS OUTLINF.D IIJ THF. HOUSING 6 REDEVELOPIdENT AUTHORITY MEI�O TO THE PLAld1JING COI�IN.'ISSIOl7 DATED JANUARY 9, I986. � 2. PRIOR TD ISSUAI�CE OF THE FIRST BUILDING PERMIT, THE DEVEIAPEP. SUB.'fIT FOR HDUSII�G 6 REDEVELOPI�IEIJT AUTHORITY/STAFF APPROVAL _THF. FOLIAi•:I1�G COIlPREHENSIVE PLA1�S �IITli PH.�.SING DE'�AILS: a . STORAI DRr] I1�AGE b . Lr117DSCAPI NG C. LIGNTING d. SIGNAGE e. ARCHITECTURAL FACADE MATERIAL PLAII INCLUDII�G RAl'P TA.EATl!F.:.TS 171 �LA�J►�Ir�G Cnt�1ISSI�t� I.EETI��G, Ja��U�+RY 22, 1986 P�� 3. REZO1�Ii�G OF TNF. JOIII:SON PROPF.RTY, LOT S, BLOCK 5, DDNNAY'S LAKEVIE�l M.�!!OR ADDITION, IS CONTIIJGENT UPON S: TE CONTROL OF THE JON.V301� PROPERT!' BY THE NOUSIA'C 6 REDF.['ELOPMF.NT AUTHORIT'�', OFFICIAL PUBLICATION OF THE ORDI!�.11�'CE TO BF. CDORDINATED WI'_''H ACQUISITIOI: DAT�. i UPD:V A VOICE VOTE, ALL VOTING AYE, CKAIP.PERSOh GA3EL DECLARED THE MOTION Ci,�f?IED UNAI�INOUSLY. 2. PUL'LIC HEA�IfJG: CONSIDEP,ATI�� OF A PRELIttI��APY PLAT, P.S. *85-01, LAM.E .';TE .OP 0� E P,, t3Y h R L Y l.5 .�. L � P; TY IN �Ot'CRA� I�'� � I t 1�00^B't f�E ROf' I? , P. Qeing a rep at o Lot , Au itor s Su� iv�sion �o. 155, except that par tal:en for High�ra:�, and Lot 5, Auditor's Subdivision No. 155, except t part taken for Highway, and Lot 22, alock 10, Ronnav's Lakeview 'tano Addition, according to the map or plat thereof on file and of reco in the Office of the Registrar of Titles in and for Anoka County, tlinnesota, a the south two hundred feet of the north half of the north half of e southeast quarter of Section 23, T-30, R-24 west, except that part tal:e for I�ighway, ar�d Lot 5, alock 5, Donnay's Lakevie�� flanor Addition, all 1 ated in t!;e south half of Sectiun 23, T-30, R-24, City of Fridley, County of Anoka, ttinnesota. MC?^':Ol: I9Y MP.. BE^ZOLD, SECO::DED Bl' t�R. iIELLA�� ,_TO OPEN 11E PUBLIC 11LAP.II:G. UPn;+ A VOICE VOTE, ALL VOTIIdG AYE, CfiAIRPERSON GAB DECLARI:D TI.'E PUIILIC HF..iRIiJG OPEf: A: 9:97 P.11. Mr. Robinson stated tl�e �lattinc� included all he pro(�erty, the drive-in property and tlie Johnson �roperty, Lot 5, B ck 5, Donnay's Lakevier� Manor Addition. Tl�e �lat was designed to facili ate the naster �lan structure �h�sinq. "r. Robinson stated Staff was reconr� ing tfie follo��ring sti�ulations: 1. Ap;,roval of final plat c tingent upon site control of the Johnson property, Lot 5, Block , Donnay's La{:evie►�� Hanor llddition. 2. Declaration of prote ive covenants and ease�ents shall be subnitted, approved b�� the Ci and recorded �rith the plat. Itens of concern shall include, b not be linited to: a. DisF�ositi and naintenance of outlots b. Restric on of outlots usage to green space, buffer areas c. Nai nt ance of corn�on areas d. Lan se e. Pr ibited activities f. int par!:ing/access agreenents ' g. Other itens deeried appropriate by the City Attorne;� 3. Par fee, based on total square footage of the replatted properties a defined in the public hearing notice, to be paid on a pro rata asis Nith each building pemit. :lO:'_T BY MR. KONDRICK, SECO:.DED BY 1NR. BETZOLD, TD CI.OSE TilE PUBLIC HE.riP.II�G. U:� A VOICE VOTE, ALL VOTI1lG A:'E, CHAIRPERSON GABEL DECLAF?ED �IIE PUBLIC EARI'�G CLOSED AT �:40 P.H. l. C�UNCIL �'EETINC OF FEBRUARY 24, 1986 they will be holding a Tri-State Cor�vention and are asking support f rom the Cotmcil for this program. Mayor Nee asked the �st for the ad, and Mr. Frauly stated it would be $10 to 525, depending on the size. Mayor Nee and the Co�mcil ment�ers agreed they would each oontribute to this ad, rather than �e City ftmds. PUBLIC_HEARINGS• ' •,� • �•� �. NDTION by Co�cilman Goodspeed to waive the reac3ing of the public hearing notice and open the public hearing. Seoonded by Co�ncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani.mously and the public hearing opened at 7:39 p. m. Mr. Flora, Public Works Director, stated this rezoning is for the 100 �ain Drive-In Property and also the Johnson property to the r�orth. He stated the rezoning is for properties currently identified as R-1, R-3, C-1 and C-3 to change the zoning to S-2 to allow develognent of the property by plan, as approved by the HRA and Co�cil. Mr. Flora stated the HRA, working with Woodbridge Properties, caQne up with a plan to develop the Lake Peirite Corp�rate CQnter consisting of a total of nine buildings including a hotel and restaurant on these parcels of property. He stated by using the S-2 zoning, it would allaa development by a master plan, without ir�dividual special use permits for the structures and parking. Mr. Flora stated the Planning CoRmission held a public hearing on January 22 where information was preserited b� represer,tatives of Woodbridge Properties regarding the raad structure, utilities, drainage, and phase development. He stated the Planning Conmission reoom�ended approval af the rezoning with three stipulations, which he outlir�ed. Mr. Flora stated the City initiated action to �ndenn property in the area for the S-2 zoning. He stated he uiderstands there is a plan to realic� the roadway entrance into the site which may cause a slight change in the bo�dary line. He stated this information would be available at the first reading of the ordir�nce. Q��mcilman Barnette stated he �derstands part of the property to the north currently zoned R-1 would be used for garking and asked the use of the ,renaining R-1 properties. Mr. Flora stated it would be used for a buffer �between the hanes and aoeess into the developnent. Mr. Dave Weir, Woodbridge Properties, stated most of the r�eighboring residents were at the meetings regarding this developnent and they received a lat of good input pertaining to traffic issues. He stated they have representatives fro� their engineering firm ar�d the traffic consultant present in the eve.nt there are ariy questians to be answered. -2- 17J 2. ..�, � �,. . ,,.. ., .. Mr. Weir stated, ev� though they are requesting an S-2 zoning, the uses permitted are the same kinds of uses permitted imder the current commercial zoning. Several questions were rasied on the height of the buildings and the screening. Mr. Weir stated the building height would range from six to ei�t stories, with each floor roughly 13 feet. He stated, while the height of the screening is important, he felt the placement of the buildings in relation to the hcmes was even more important and the buildings would be built farther to the s�uth and closer to the freeway. In answer to a question regarding the length of construction, Mr. Weir stated they intend to have the entire site prepared this construction season, but it would be limited to irr3ividual building gads and it may be between five to nine years before total oompletion of the entire plan. He stated an elener�t relevant to the o�nstruction process is the timing of the intersection impravenent scheduled for v�mpletion in 1987. Gb�mcilman Goodspeed asked if there would be s�d on the building sites �ntil they are ready to build on then. Mr. Weir stated they have a phasing plan for develognerit af the landscaping. He stated, as far as the environment, the� would control any dust wer the vacant sites. He stated they wanted the landscaping arot.md the general perimeter, but would not have the final landscaping for each individual building tmtil they were o�nstructed. Mr. Dick Schultz, a neighboring resident, voiced his concern with separation of this property fran the residerrt.ial properties. He felt they would have more traffic in the area such as joggers and people walking their dogs on this site. Mr. Wei r stated they are j ust as ctincerned as the resident s, but f el t th ei r landscaping plan would provide the necessary control since there is a variety of plantings and the buffer area was widened f run 20 to 40 feet. Mr. Qureshi, City Manager, stated staff would work with the developer to make sure there is proper landscaping, benning, arid screening and to make it aesthetically pleasing both to the developer and the neighboring property aaners. No other persons in the audience spoke regarding this proposed rezoning. NDTION by Ca�mcilman Gooclspeed to close the public hearing. Seconded by O��cilman Schneider. Up�n a voice vote, all voting aye, P+�yor Nee declared the mation carried tmanimously arid the public hearing closd at 8:03 p.m. � ' ' �! •� ,.. NDTD�N by Co�cilman Goocispeed to the reading of the public hearing notice and open the public ng. Seoonded b� Coincilman Schr�eider. Upon a voice vote, all v�,t.'r-rfg aye, Mayor Nee declared the motion carried -3- 17K COUNCIL MEETIKG OF NARCH 3. 1986 Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NF3v' BUSIh'ESS• 7. 05 'SIDE.RI�T�I INTE� FRPORAT��C�' OF100 �rZI DR VEFOR REB ��i ��OP�FAT ON WI'TH WOODB�,IDGE Pi�1P�T'I�S. IN�._ Mr. Fl ora, Publ ic Works Di rector, stated this is a request to rezone the 100 Zwin Driv�-In property and associated Johnson property. He stated the property is currently zoned C-1, C-3, R-3 and R-1, and the proposal is to rezone to S-2, leaving the R-1 zoning along the northern boundary and a portion of the westerly boundaLy of the road into the developnent. 8. Mr. Flora stated the S-2 zoning would allaa developnerrt. at C-3 uses to occur by a master plan. He stated a public hearing was held on this rezoning and three stipulations which ciealt with this issue similar to the stipulations in the plat, which was just discussed earlier in the meeting. hl�TION by Councilman Goodspeed to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una nimously . p 5 iftSb—U1 • I�LiV ��'�PA'�IES, INC.: NDTIDN by Councilman Schneider to set the publ ic hea ring on t' s pl at f or �i�rch 17, 1986. Seoonded b�' Co�'►cilman Barnette. Upon a vi ce vote, all voting aye, M3yor Nee declared the motion carried unanim Y• 9• ��lJ'\Ci�F.�TlU� VY Kr�.�-f��i±��Ut�11V1� 1v va.+uv..a REPAIR THE 0�"�`SO��S PARFC FILTRATIOh PI�I�T: Mr. Flora, Publ ic Works Di rector, stated Park Filtration Plant in that the scr� to be worn out. e was a problea at the Corrunons e rusted arr3 caused the filters Mr. Flora stated the City has equested proposals f rom engineering consulting fiIIns for e�aluati of •the existing filtration plarits and water systeas. He stated two fi resp�rx3ed, THI�, Inc• and Bonestroo� AndErl ik and Associates, Inc. '-Mr. Flora stated T 's reoormer�dation to analyze the water in the system and establish ull scale pilot systen to determine the effectiveness of m�,�� r a1 seens to be the most prudent method of correcting this problen. e stated it is reoorIInendec] that T�A� Inc. be hired to conduct this . ilman Schr►eider asked the oost. -5- Mr. Flora stated it would be about 17L ��-.,; .. �------.;_:i'f --_ '..��-:.--........ ��----.--.--.--:.., � � - ----__:�__ �—.. -- .��. 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' _.. . � � '• i � �,\�. � --_ro � : � � ��,` � i ; ; : � ! � �,\,\ �, 1 �, � , _ � o • �_ _\ � .\ — � � ' �_ F ' ` �. .� r� _\ , � 'I,� `� \ �-� _ - � o ��'�. : ` ��- � /� _ . �� 1 . // / Y� w: j Y �� i, \ : 1 W � : N a. � � �t . o y • i .. � \ l. � i �Q '� i, � \��_' -J �� r _ rs �Y� �: �� ` , f i `� i : � ,� �. '� � � � ,� � ,• r�_ �l° � - r�' ,� .ti�.- -. :. \��-�-�-,_ , � �Y�_-.� ____� � I r I\ �'• r---. y� ' __��>- �ll'`�__` `�. , . ; -- --- _ - -- � - . r .,c: w- y,---s;Hl L •g ::i �" R " n . p 18 RFSC[,UTION N0. - APPRWING FINAL PLAT FOR LAKE POINTE O�RPORATE CENTER, P. S. # 85-07 WHIIZEAS, the Planning Commission held a public hearing on the Lake Pointe Corporate Csnter glat on January 22, 1986 and re�mmended appraval; and WHEREAS, the City CAUncil also oonducted a public hearing on the proposed plat of Lake Pointe Corporate Center at their February 24, 1986 Council meeting and appraved the glat at their March 3, 1986 meeting; and WHIIZFAS, the developer has made changes to the plat to facilitate tenancy in ooiranon �rking which cbes not negatively alter the plat. NCW, �iFRFFt�RE, BE IT RFSCt,VID, that the City O�uncil of the City of Fridley hereb� approves the revised plat knawn as Lake Pointe Corporate Center and auttiorizes the Mayor and City Manager to sicyl the fi.nal plat as prepared by Sunde Land SurvEying, Inc. BE IT FUKIIIER RESCd�VID, that the petitioner is requested to reoord this plat at Anoka County within six (6) m4nths or said approval will become null and void. PASSID AND AD�PrED BY �iE QTY QOtJNCIL OF �iE QTY OF FRIDLEY THIS I1z1Y OF , 1986. WII�L IArI J. NEE - MAY�R ATTF�ST: 33IFZLEY A. H�PALA - CITY CI�ERK 3/5/3/20 i8A !�lOODBRIDGE PP,OPERTIES, I`'��, P,S, #.35-07 STI PULATIO�JS 1� P,PPROVAL OF FINAL PLAT CONTINGENT UPON SITE CONTROL OF THE ,JOHNSON PROPERTY - LOT S, BLOCK 5, DONNAY � S LAKEV I EW I��ANOR ,qDDITION, Z� DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS SHALL BE SUBMITTED, APPROVED BY THE CITY AND RECORDED WITH THE PLAT, ITEMS OF CONCERN SHALL INCLUDE, BUT NOT BE LIMITED T0: A� DISPOSITION AND MAINTENANCE OF OUTLOTS B� RESTRICTION OF �UTLOTS USAGE TO GREENSPACE, BUFFER AREAS C� P�AINTENANCE OF COMMON AREAS D� LAND USE E� PROHIBITED ACTIVITIES F, �OINT PARKING�ACCESS AGREEMENTS G� OTHER ITEMS DEEMED APPROPRIATE BY THE CITY ATTORNEY 3, PARK FEE, BASED ON TOTAL S(?UARE FOOTAGE OF THE REPLATTED PROPERTIES AS DEFINED IN THE PUBLIC HEARING NOTICE, TO BE PAID ON A PRO RATA BASIS N!ITH EACH BUILDING PERMIT� 4� DEVELOPER TO DESICNATE PORTION OF LOT 1, BLOCK Z, AS FUTURE, PROPOSED PARKIV�� RAMP ON FINAL PLAT PRIOR TO EXECUTION AND RECORDING� 18B ri ar�ratrir C�t�tISSIQN ttEETIP�G. JAt�UARY 22, 1986 PAGf. 8 3. REZONZI�G OF THF, JOfi11SON PROPF.RTY, LOT 5, BL (/.!; DONNAY'S LAKEVIE�I Ma210R ADDITION, IS CONTII� ON SITE CONTROL OF THE JOHNSOI� PROPERT'Y BY T ING & REDF.VELOPAfF.NT AU'"HORITY, OFFICIAL PUBLICAT THE ORDIN.�NCE TD BE CDORDINATED WI?'N ACQUISIT n E. �6X�OICE VOTE, ALL VOTING AYE, CIiAZRPERSON GA3EL DECLARF.D THE M0:!'ION CARRIED UNr]IJIt10USLY. 2. PUL'LIC HEA�I��G: COP�SIDEP.ATIO�J OF A PRELI�tIPIARY PLAT, P.S. #85-07, LAICE 0,'JTE f.OR 0? E R, k3Y P, DL Y Ol,SI G D L : R TY IN o0('CRATI�t� t I f tJ00^aRIf)GE ROP R , r. Qeing a rep at o Lot , Au itor s Suu iv�sion �o. 155, except that part tal:en for Hi gh��a��, and Lot 5, Audi tor' s Subdi vi si on No. 155, except that part taken for Nighway, and Lot 22, alock 10, �onnay's Lakeview 'lanor Addition, according to the map or plat thereof on file and of record in the Office of the Registrar of Titles in and for Anoka County, �iinnesota, and the south two hundred feet of the north half of the north half of the southeast quarter of Section 23, T-30, R-24 west, except that part taE:en for I�ighway, and Lot 5, alock 5, Donnay's Lakevie��ttanor Addition, all located in t'�e south half of Sectiun 23, T-30, R-24, City of Fridley, County of Anoka, t•1innesota. MD^':011 BY MP.. BETZOLD� SECO:TDED Bl' I�R. iIELLAII, _TO OPF.N Tf1E PUBLZC :I�AP.IIlG. UPn:� A VOICE VOTE, ALL VOTING AYE, CffAIRPERSON GABEL DECLARFD TY.E PI773LIC HE.IRZIJG OPEI: AT 9: 37 P.11, Mr. Robinson stated tl�e �lattin� included all the �ro�erty, the drive-in property and tiie Johnson �roperty, Lot 5, Block 5, Donnay's Lakeviev�t1anor Addition. Tl�e plat was designed to facilitate the naster �lan structure �hasinq. '"r, f?obinson stated Staff was reconnending tf�e follo►•�ing sti�ulations: l. Approval of final plat contingent upon site control of the Johnson property, Lot 5, B1 ock 5, Donnay's Lal:ev i et•� �1 anor Addi ti on . 2. Declaration of protective covenants and eas�ents shall be sub�itted, approved b�� the City and recorded ��ith the plat. Itens of concern shall include, but not be ]inited to: a. Dis}�osition and z�aintenance of outlots b. Res�r�ction af outlots usage to green space, buffer areas c. "laintenance of cor�non areas d. Land use e. Prohibited activities � f. Joint par!:ing/access agreenents � g. Other itens deeraed appropriate by the City Attorney 3. Park fee, based on total square footage of the replatted properties as defined in the public hearing notice, to be paid on a pro rata basis ��ith each building pernit. .'�O^_'IOf: BY MR. Y•ONDRICK, SECD:JDED BY MR. BE_TZOLD, TO CLOSE THE PUBLIC HEAF'Z1�G. UPO?d A VOICE VOTE, ALL VOTII�G AYE, CHAIRPERSON GABEL DECLAP.ED :IIE PUBLIC HEARZ�G CIASED AT �:40 P.M. 18C PLA"iNIr�G Ca1r�ISSIOt� MEETING JtL��UARY 22 1986 PAGE 9 140TION BY MR. KOI:DRICK, SECOI�DED BY hlR. �UZST, TO RECOI�MEND TO CITY CDUNCIL APPROVAL OF PRELIMIIlARY PLAT, P.S. l?85-07, LAKE POIN'_"E CORPORATF. CF.lJ?'SF., 2i1' TllE FRIDLEY NDUSING 6 REDEV�LOPMF.77^' AUTHORITY IPI COOPF.RATION FIITH WOOPRRII�E PROPEP.TIF.S, IlJC. , BEII�G A REPLAT OF LOT 4, AUDITOR'S SUi3DIVISI01'7 NO. 155, EXCEPT THAT PART TAKEN FOR IfIGNWAY, AND LOT 5, AUDITOR'S SUBDIVISION NO. 155, EXCEPT THAT PAF2T TAF:EN FOR HIGHWAv, Al�p LO� 22, BLOCK 10, I)ONNAY'S LAKF.I'II'[ti' MANOR �1DDI2'�ON, ACCORDII�G "'O THE Mr7P OR PI.AT TIIF.REOF O'� FILE AND OF RECORD I1J THE OFFICE OF THE REGISTRAR OF TITLES I1J AIrD FOR AN01:A COUN_TY, NINP:ESO_TA, A:JD TNE SOUTH �'WO HUNDRED FEET OF TNE NORTN HALF OF _Tf.'E NORTH NALF OF TNT SOUTIiEAST QU�7RTER OF SF.CTION 23, T-30, R-24 �IEST, EXCEPT "_'HAT PART TAI:EN FOR NIGH�9A1', A1�D LOTS, BLOCK 5, DONNAY'S I.At:EVIEW ITA170A. ADDITIOl7, ALL LOCATF.D IN TNi: SOUTII HALF OF SECTI0�1 23, ^_'-30, R-24, CI^'Y OF FRIDLEI', COUNTY OF ANOF;A, IdI1�NESOTa, WITli THE F10LLOi�'Z11G STIPULATIO?7S: 1. APPP.OVAL OF FINAL PI,r�T CO1�TItJGEi�:" UPO.'7 SITF. CD::TROL OF THE JOH1dS0i� PROPERT'Y, LOT 5, BLOCK 5, D017P:AY`S LAI�F,['IE(J MAIJOR ADDITIOtI 2. DECLARATION OF PROTECTIV� COVEh'AP:TS At:n EASE.MEhTS SIiALL BE SUB1fI_TTED, APPROVED BY THE CITY AND RECORDED iti'I^_'N THE PLA?'. ITEMS OF CONCERI� SHALL IIJCLUDE, BUT ?�OT BE LIMITED TO: a. DISPOSITI0:1 APJD 19AINTENANCE OF OUTLOTS b. RESTRICTION OF OUTLOT.S USAGE TD GREEN SPACE, BUFFER ARF.AS c. 1f.�INTE.1rVICE OF CO!lM.ON AREAS d. LAND USE e. PROHIBI^'ED ACTIVITIES f. JOII�: PAP.KING/ACCF.SS AGRF.E4fEP7TS g. OTHER ITE�lS DEEMED APPROPRIATE BY THE CITY ATTORNE�' 3. PARK FEE, B�7SED ON TO"_'AL SQUARE FDOTAGE OF THE RF.PLATTED PROPERTIES A.,�' DEFINED IN THF, PUBLIC NF,ARI77G NOTICE, TO BE PllIP ON A PRO R.�TA BASIS WITfI EACH BUILDIlJG PER'•;IT. UPD:� A VOICE VOTE, ALL VOTINC Al'E, CHAIRPF.RSON GABEL DF.CLARF.D THF. MOTI011 CARRIED Ut7A17I1�0USLY. 3. PU(iLIC NEARING: HIDLEI' NOUSIIJC �E�2ATI0I� OF A Sf'FCIAL USE PERIIIT, SP #85- VELOP!tE��T AUTHORITY It� C00,'ERATIO�� WITH lJ PROf ERTIES, IPdC. : Per Section . 7.1, C, 5 of the Fridle�� City Code to allo�� autoe�obile parking lot to be located in R-1 zoning on Lot 22, Bloc't , Donnay's Lake- vie�r"tanor Addition, according to the nap or plat the on file and of record in the Office of the Registrar of Titles i nd for Anoka County, Ptinnesota, all located in the south half of S ion 23, T-30, R-24, City of Fridley, County of Anoka, t•linnesota. 1�lOTIO�' BY l�R. OQUIST, SECOIJDED BY� KO:lD°ICF:� TO OPEIJ 7HE PUBLIC HF.ARIi7G. � UPOI� A VOICE VOTEE �ILL V'O G RYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEaRING OPEN AT 3:42 ;1r. Robinson ed the lot in question was Lot 22, Block 10, Donnay's Lakevie�� t r Addition, the lot which ►��ii renain sinsle family ard ��as not propos to be rezoned as S-2. The special use permit was for parking on si e family property for use by the adjacent property. 2. . ��J�. � �, • �• ; ►� :� Mr. Weir stated, even though theY are re9uesting an S-2 zoning, the uses permitted are the same kir�ds of uses permitted taider the cvrrent commercial zoni ng. Several questions were rasied on the height of the ildings and the screening. Mr. Weir stated the building height woul range from six to eic�t stories, with each floor roughly 13 feet. He ted, while the height of the 9creening is importarrt, he felt the placem t of the buildings in relation to the hames was even more important an the buildings would be built farther to the south and closer to the fr ay. In ans�aer to a question regarding the 1 stated they intend to have the entire season, but it would be limited to indivic between five to nir�e years before total stated an elenent relevant to the �nstr i nter se cti on imprav enent schedul ed f or en of construction, Mr. Weir si e prepared this construction I 1 building pads and it may be pletion of the entire plan. He �tion process is the timing of the ialetion in 1987. Cb�cilman Goodspeed asked if there ould be s�d on the building sites tntil they are ready to build on then. . Weir stated they have a phasing plan for developnent of the landscapin . He stated, as far as the environment, they would oontrol any dust wer the vacant sites. He stated they wanted the lanc�scaping aroimd the ge al perimeter, but would not have the final landscaping for each individ building �mtil they were oonstructed.� Mr. Dick Schultz, a nei of this property fran t more traffic in the are this site. / ing resident, voiced his o�ncern with se�ration residerrt.ial properties. He felt they would have such as jo99ers and people walking their dogs on Mr. Weir stated th are just as ooncerred as the residents, but felt their landscaping plan ould provide the necessary control since there is a variety of plant' and the buffer area was widened fran 20 to 40 feet. M.r. Qureshi, make sure th aesthetical� aarers. �ty Manager, stated staff would work with the developer to e is proper landscaping, benning, and screening and to make it pleasing both to the developer and the neighboring property No othe�persons in the audience spoke regarding this proposed rezoning. M�T by C��mcilman Goodspeed to cl ose the publ ic hea ri ng. Seconded by � cilman Schneider. Upon a voice vate, all voting aye, Mayor Nee declared e motion carried ►manimously and the public hearing closd at 8:03 p.m. ' i� � �� \.� l�DTD�N by Cb�cilman Gooc�peed �o waive the reading of the public hearing notice and open the p�bl ic hea��ng. Secondecl by Cbu�cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried -3- 18D 3. ��.��. �M� � �, �L }. . ►. •� �animously and the public hearing opened at 8:03 p.m. Mr. Flora, Public Works Director, stated this plat is for the developnent of the 100 Zwin Driv�-In property. He stated the plat identifies nine garcels associated with the glat and four outlots. He stated there is a lot for every building ar�d its associated �rking. � Mr. Flora stated a public hearing was held before the Planning Conmission on Januar�, 22 and they rewmnended apprwal with three stipulations which he outlined. Mr. Flora stated once the roadway is finally designed, there would be a little different realicg�ment of the roadway to coincide with the entrance into the devel opment. Mr. Dave Weir, Woodt�ridge Properties, stated they had a few items to ac3d and asked Mr. Eric Nesset to review these changes• Mr. Nesset stated they intend to change the right-of-way of Lake Pointe Drive to make it consistent at 60 feet wide. He stated the other item ooncerns a lot line going through a Farking lot. He stated they intend to make a separate lot for the parking structure and separate lots for the buildings. Mr. Nesset stated the physical composition of the site didn't � change, but only the form in which it is characterized legally. No other persons in the audience spoke regarding this proposed glat. l�DTD�N by Co�cilman Goodspeed to close the public hearing. Seconded by O��cilman Schr�eider. f1p�n a voice vote, all voting aye, Mayor Nee declared the motion carried �manimouslY and the Public hearing closed at 8:10 p.m. Mr. Weir stated the neighboring residents c�ve then a lo�t of support and he wished to thank then for their ir�volvanent. He also recognized the City staff who worked very hard to make this all happen in a short period of time. He stated it makes a difference to do business in a City where everyone is 000perating to make this develognent p�ssible. • � : �!? 5� ��E� N E. BY f�7FiElNITY OFrIONS, LTD: Mr. Qureshi, City Manager, stated the was a request last June f or a special use permit b� CAr►m�nity Opt � to open a mental health facil ity on Sth Street. He stated the Co denied this r�uest which was challenged in Disrict Court. Mr. Qure stated a o�urt order was received last week which directs the Co�mc' to issue the special use permit. Mr. Herrick, Ci torney, stated it is rather difficult for him to give any specif ics cause, even thouc� the j udge issued the order, the f indi ngs and ooncl ' ns have rr�t as yet been reoeived. He stated his reoanmenciation -4- �t 3. •� , ��. • .�~�.�c :� �ss�ll• square feet in area or eight (8) feet in height; 6.) Provide 1 ing to screen parking frcm MississipQi Street; 7.) Prwide screening fence be rezoned property ar�d residences to the west; and 8.) Provide perfor�r,ance in the aQno�t of $2�000. Sea�nded by O�u�cilman Barnette. Upon a voice vote, voting aye, Mayor Nee declared the motion carried ura ni�:ously . i �, E,'�TI'ITLi� "L.E�G� PRECINCT 1: SUBD r�r�ri^T►,v�r ') . ��.7f1 Cl NDTIp�1 by Co�.a�cilman Fitzpetrick to waive the secori� No. 653 and ac3opt it on the seoond reading and order b}• Co�cilman Schneider. Upon a voice vote, all declared the motion carried unanimouslY• eading of Ordinance pub ' tion. Seconded voting , Mayor hee 4. *: ID�ATIOIC OF A FII�1L PLAT, P.S. �65-07. IAKE POI TE �RATE�4�I'F1��100 �+IN DRIVE-IN. BY }�iA IN COOP�ATION k'ITH ti�C�O�DBRIDGE PRQP��'TIES. INC.: Mr. Flora, Publ ic Works Di rector, stated Woodbridge Properties will be developing the 100 Zvin Driv�In pro�.ert}� and adjaoent Johnson property and the}• have sutr�itted a plat for this Farcel. Mr. Flora s�ated there may be a sli�t variation in the e�ct description of the road ar�d this would be acoompl ished when the final irylar of the pl at is sutnitted to the Cb�cil. He outlined the three stipulations which should t�e part of the plat's aoceptance. 5. 18F F�pTIp�; by Co�cil�ran C�oocispeed to apprave the f inal pl at, P. S. i 85-07 , f or Woodbridge Properties, Inc. for develognent of the Lake Pointe Corporate _ Genter, with the follvwing stipulations: (1) Approval of final plat is •�'" cnntingent upon site control of the Johnson property - Lot 5, Block 5, Lbnru�•'s Lakevi� Mar�r Addition; (2) Declaration of protective covenants and eas��ts shall be s�itted, appzwed b� the CitY and reo�rded with the plat. Items of concern shall include, but not be limited to: (a) Disposition and maintenance � outlots; (b) Restriction of outlots usage to green space and buffer areas; (c) Msairrt.enance of oarmon areas; (d) Larid use: (e) Prohibited activities; (f) Joint parking/access agreerients; and (g) Other ite^s c3ea�ed apQropriate by the City Attorney; and (3) Park fee, based on total square footage of the re�latted properties as def ined in the put,l ic hearing notice, to be paid on a pro-rata basis with each building permit. Seoonded b� Co�cil�ran Schneic3er. Upon a voice vote, all voting aye, Ma}�or tiee c3eclared the motion carried �a�animously. ' - -----. _. .�, Mr. Fl or a, Pub2 ic Wor , si.a ted Mr • P'1r'J�o�m c�u''e bef or e th e Co un c i 1 to plat iand between Osborne h in order to construct a mini-stozage warehouse facility. He sta code requi res the transaction iye reo�rdeci at the Cotnty within 16� days. -3- W. . 3 ,. . • . . � :. - . . , ��.7 �S#85-07 . '� . ,�1 �--- • . t � �� . Lake ,+.� '-- �'-{-�.'-_ •` _ • ' Corporate Cen�x'''�' •a •� � > ';: : :•: : : � � ' ': : . �� .. .,x,•.• •:�: : . . . . ....... � .. '...�::. ....... �, � � .'.�!.' ��. :'�.': . ': : : : : : . � i .. . • : : .q.•: . 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