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09/28/1987 - 5067FRIpLEY CITY COUNCIL MEETING PLEASE SIGN NAME AODRESS AND ITEM NUMBER INTERESTEO IN DATE: September 28, 1987 �AME ADDRESS ITEM NUMBER szssss:sasazssas�aaazss:�:�s:aaraasaa=ziaaaamz:a:amaasasaa:saaass�sa=asssssamarm=sz�aaarsa=asaai I � FRIDLEY CI TY COUNCIL � SEPTEMBER 28, 1 987 - 7:30 P. M. Following are the "ACTIONS TAREN" by the Administration for your information. ------------------------------------------------------------------ APPROV AL OF MINUTES: Couneil Meeting, September 14, 1987 Approved ADOPTION OF AGENDA: Adopted as submitted OPEN FORUM, VISITORS: No response OLD BUS INESS • Consideration of Second Reading of an Ordinance Approving a V acation, SAV #87-07, to V acate the Westerly Half of the Alley in Block 5, Hyde Park Lying North of the South Line of Lot 22, Extended Easterly and South of the North Line of Lot 30 Extended Easterly. All Lying East of and Adjoining Lots 22-30, Block 5, Hyde Park, Generally Located Between 61st Avenue and 60th Avenue and Between 3rd Street and IIniversity Avenue, by Wayne Johnson . . . . . . . . . . . . . . . . . 1 - 1 D Tabled COMMIINITY DEVELOPNENT--ACTION TAKEN: Will contaet the State to try to obtain their interest in East half of alley. Will_notifq Mr. Johnson When item is placed on Council agenda q Couneil Meeting, September 28, 1987 Page 2 OLD BIISINESS ( CONTINUED) : Consideration of Variance Requests, VAR �87-24, and VAR �87-26, to Reduce the Minimum Allowable Lot Area for One Main Building; to Reduce the Side Yard Setbacks on The Street Side of a Corner Lot; to Reduce the Distanee that the Edge of the Curb Openings may be From a Street Right-of-Way Interseetion; and to Reduce the Parking and Hard Surface Setback from a Street Right-of-Way to Allow Construction of an Automobile Service Station on Lots 1 and 2, Block 2, Central View Manor, the Same Being 7315 Highway 65 N.E., by Rapid Oil Change (Continued from 9/14/87) . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2 H Approved with stipulations COMMIINITY DEVELOPMENT--ACTION TAREN: Notified applicant of Council approval with stipulations Consideration of a Special Use Permit, SP #87-14, To Allow an Automobile Service Station on Lots 1 and 2, Block 2, Central View Manor, the Same Being 7315 Highway 65 N.E., by Rapid Oil Change (Continued from 9/1�1/87) . . . . . . . . . . . . . . . . . 3 - 3 Q Approved COMMIINITY DEVELOPMENT--ACTION T6REN: Notified applicant of Council approval. Consideration of Appointments to the Energy and Eavironmental Quality Commissions . . . . . . . . . . 4 Tabled CITY MANAGBR--ACTION TAg$N: Have put item on next agenda Por eonsideration Couneil Meetin�, September 28, 1987 OLD BUSINESS ( CONTINUED) : Page 3 Receiving Petition No. 8-1987 and Consideration of Chan�e Order No. 3 For Street Improvement Projeet No. ST. 1987 - 1(Tabled from September 14, 1987) .... 5- 5 F Received petition Approved Change Order for $10,300 PUBLIC W ORRS--ACTION TAREN: Proceeded as authorized NEW BUS INESS • Consideration of First Reading of an Ordinanee Adopting the Budget for the F3sea1 Year 1988 ....... 6 Ordinanee approved on first reading CENTRAL SERVICE--ACTION TAKEN: Ordinance on next agenda for consideration of second reading Consideration of First Reading of an Ordinanee Approving a Vacation, SAV �87-08, to Vacate the 66 Foot Street Right of Way (73 1/2 Avenue) Lying North of Lot 1 and the Weaterly 27 Feet of Lot 2, Bloek 2, Central View Manor, Generally Located at 7315 Highway 65 N.E., by Rapid Oil Change ........ 7- 7 D Tabled indefinitely COMMUNITY DEVELOPMENT--ACTION TAKEN: To be considered at a later date when the situation is such that adjacent property owners would favor this vacation , Council Meeting, September 28, 1987 NEW BUSINESS ( CONTINUED) : Page � Receiving the Minutes of the Planning Commission Meeting of September 16, 1987 . . . . . . . . . . . . . . 8 - 8 IdN A. Consideration of a Speeial Use Permit, SP �87- 17, to Allow Exterior Storage of Materials and Equipment on Part of Lot 1, Auditor's Subdivision No. 79, the Same Being 4500 Main Street N.E., by Central Roofing Company .... ................... Planning Commission Recommendation: Approval With Stipulations Council Action Needed: Consideration of Recommendation Approved with stipulations 8-8C & 8S-8HH COMMUNITY DEVELOPMENT--ACTION TARSN: Notified applicant of Council approval with stipulations B. Cons3deration of a Lot Split, L.S. #87-08, to Split Parts of Lots 11, 12, 18 and 19, Bloek 2, Moore Lake Highl ands, all Generally Located at 6300 Baker Street N.E., by William Henley ........ 8C-8G Planning Commission Recommendation: Denial & 81I-8LL Couneil Aetion Needed: Consideration oP Recommendation Denied COMMUNITY DEVELOPMENT--ACTION TAKEN: Notified applicant of Council denial C. Consideration of a Vacation, SAV �87-09, to Vacate the 6 Foot Drainage Esement on the North Side of Lot 3, Bloek 2, Heather Hills Second Addition, the Same Being 6191 Kerry Lane N.E., by Gregory Mortenson ................................ 8G-8H Planning Commission Recommendation: Approval & 8MM-8NN Couneil Aetion Needed: Set Publie Hearing for Oetober 19, 1987 Set Publ ie Hearing for 1 0/ 1 9/ 87 COMMUNITY DEVELOPMENT--ACTION TAKEN: Proceeded Kith setting Publie Hearing for Oetober 19, 1987 ,.. � Couneil Meeting, September 28, 1987 Page 5 NEW BUSINESS (CONTINUED): Consideration oF a Resolution Auth orizing an Agreement Between the City of Fridley and the Minnesota Department of Transportation (MnDot) for the Construction, Revision, Maintenance and Operation of an Emergency Vehiele Traffic Control Pre-emption System (EVP) at V arious Intersections on State Trunk Highway 65 . . . . . . . . . . . . . . . . 9 - 9 I Resolution No. 73-1987 adopted FIRE DEPT.--ACTION TAKEN: All of the neeessary signatures have been affixed, and the agreements have been forwarded to MnDot for execution Consideration of Receiving a Request Por Funds for the Mediation Services . . . . . . . . . . . . . . . . 10 and Consideration of a Resolution Authorizing Expenditure oF Funds for the Mediation Services for Anoka County Resolution No. 7�-1987 adopted CITY MANAGER--ACTION TAREN: Proceeded as authorized C1aims . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 Approved CENTRAL SERV ICE--ACTION TABEN: Paid C1 aims Licenses . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 12 A Approved CENTRAL SERYICE--ACTION TAKEN: Issued L3censes E stimate s . . . . . . . . . . . . . . . . . . . . . . . . 13 Approved CENTRAL SERVICE--ACTION TAKEN: Paid Est3mates ADJOURN: 9:05 p.m. r � FRIDLEY C1 TY COUNCIL SEPTENBER 28, 1987 - 7: 3H P. M. �: � � =-- - '_ _ � , ...� :_ � ► COUNC I L N�EET I NG. SEPTEMBER 1�+, 1987 �� . �' �-- �J:Zi111��__� _' � (CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) 1 1 : :�& CONSIDERATION OF SECOND READING OF AN ORDINANCE APPROVING A VACATION, SAV #87-07. TO VACATE THE WESTERLY HALF OF THE ALLEY I N BLOCK 5. HYDE PARK LYING NORTH OF THE SOUTH LINE OF LOT 2Z. EXTENDED EASTERLY AND SOUTH OF THE NORTH LINE OF LOT 30 EXTENDED EASTERLY, ALL LYING EAST OF AND ADJOi NI NG LOTS 22-30. BLOCK 5. HYDE PARK, GENERALLY LOCATED BETWEEIV 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNIVERSITY AVENUE. BY WAYNE .10HNSON . . . . . . . . . . . . . ....1-1D COUNCIL N�ETI NG. SEPTEMBER 28, 1987 1 1 : 1 1 CA NSIDERATION OF VARIANCE REQUESTS, VAR #87-24, AND VAR #87-26, 70 REDUCE THE MI NIMUM ALLOWABLE LOT AREA FOR ONE MAI N BUILDI NG: TO REDUCE THE S{DE YARD SETBACKS ON THE STREET SI DE OF A CORNER LOT; TO REDUCE THE DI STANCE THAT THE EDGE OF THE CURB OPENI NGS MAY BE FROM A STREET RIGHT-OF-WAY INTERSECTION; AND TO REDUCE THE PARKI NG AND HARD SURFACf SETBACK FROM A STREET R{ GHT-OF-WAY TO ALLOW CONSTRUCT I OfV OF AN AUTOMOBILE SERVICE STATION ON LOTS 1 AND 2, BLOCK 2. CENTRAL V I EW MANOR. THE SAME BE I NG 7315 HI GHWAY 65 N,E., BY RAPID OIL CHANGE (CONTINUED FROM 9/14/87) . . . . . . . . . . . . . . . . . . . . . . . COfVS I DERAT I ON OF A SPEC I Ai.. USE PERM 1 T, SP #87-14. TO ALLOW AN AUTOMOBILE SERV I CE STATI ON ON LOTS 1 AND 2. BLOCK 2. CENTRAL VIEW MANOR. THE SAME BEING 7315 H t �HwAY 65 N. E. , BY RAP I D O I L CHANGE ( CONT i NUE D FROM 9/ 14/87 ) . . . . � . . . . . . . . CONS I DERAT I ON OF APP01 NTMENT S TO THE AND ENVIRONMENTAL QUALITY COMMISSIONS ENER GY PAGE 2 ..2-2H . . . . 3 - 3 Q ..........4 COUNCIL MEETI NG. SEP7EMBER 28, 1987 OID BUSINESS (CONTINUED): PAGE 3 RECEIVING PETI710N N0. 8-1987 AND CONSIDERATION OF CHANGE ORDER N0. 3 FOR STREET 1MPROVEh1EN7 PROJECT N0. ST. 1987 - 1(TABLEO FROM SEPTEMBER 14. 1987) .... 5- 5 F �F�d BUS I NESS_ CONSI DERATI ON OF FI RST READI NG OF AN ORDI NANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1988 ....... 6 CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION, SAV #87-08. TO VACATE THE 66 Foo7 STREET RIGHT OF WAY (73 1/2 AVENUE) LYING NORTH OF LOT 1 AND THE WESTERLY 27 FEET OF LOT 2. • BLOCK 2. CENTRAL VIEW PIANOR. GENERALLY LOCATED AT 7315 H � �HwaY 65 N, E, . BY RAP I D O I L CHANGE ........ 7- 7 � COUNCIL M�ETt NG, SEPTEMBER 28. �987 NFI�I BUS I NESS ( CONT 1 NUED) : PAGE 4 RECEIViNG THE MINUTES OF THE PLANNING COMMISSION h1EETl NG OF SEPTEMBER 16, 1987 . . . . . . . . . . . . . . 8 - 8 NN A. CONS i DERAT I ON OF A SPEC I AL USE PERM I T, SP #87- 17 , TO ALLOW EXTER I OR STORAGE OF MATER I AL S AND EQUI PMENT ON PART OF LOT 1. AUDI TOR' S SUBD I V I S I ON N0. 79, THE SAME BEI NG 4500 hiAl N STREET N. E.. BY CENTRAL ROOFING COMPANY ......................... PtANNING COMMISSION RECOMMENDATION: APPROVAL WITH STIPULATIONS COUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION B. CONS i DERAT I ON OF A LOT SPL I T, L. S. #87-08. TO SPLIT PARTS OF LOTS 11, 12. 18 AND 19, BLOCK 2. MOORE LAKE HIGHLANDS, ALL GENERALLY LOCATEO AT 6300 BAKER STREET N.E,. BY WILLIAM HENLEY ........ PLANNING COMMISSION REGOMMENDATION; DENIAL COUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION C. CONS I DERAT I ON OF A VACAT I ON, SAV �187-09. TO VACATE THE 6 FOOT DRAtNAGE ESEMENT ON THE NORTH SIDE OF LoT 3. BLOCK 2. HEATHER HILLS SECOND ADDITION, THE SAME BEING 6191 KERRY LANE N.E., BY GREGORYMORTENSON .......................•.•...•.. PIANNINC COMMISSION REGOMMENDATION: APPROVAL COUNCiL ACTION NEEDE�: SET PUBLIC HEARING FOR OCTOBER 19. 1987 . . . . . . : . . . . . . . ;_ . . 8G-8H $ 8MM-8NN _ _ _ COUNCIL MEE7ING, SEPTEMBER 28. 1987 : 1. � �� PA�E 5 CONS f DERAT i ON OF A RESOLUT t ON AUTHOR I Z i NG AN AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT� FOR THE CONSTRUCT I ON, REV 1 Sf ON, MA1 NTENANCE AND OPERATION OF AN EMERGENCY VEHICLE TRAFFIC CONTROL PRE-EMPTION SYSTEM (EVP) AT VARIOUS INTERSECTIONS O(� STATE TRUNK H i GHWAY 65 . . . . . . . . . . . . . . . . 9 - 9 1 CONS I DERAT I ON OF RECE I V I NG A RE(1UE ST FOR FUNDS F OR THE NIE D { AT I ON SERV { CE S . . . . . . . . . . . . . . . • 10 (�AIMS . . . . . . . . . . . . . . . . . . . . . . . . . . 11 L I CE NSE S . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 12 A ESTI MATE S . . . . . . . . . � . . . . . . . . . . . . . . 13 :1-1 ;► T� MINUTES OF THE REGIJLAR MEETING OF Ti� FRIDLEY CIT3C COUNCIL OF SEPTEMBER 1�, 1987 . The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEG IANCE : Mayor Nee led the Council and audience in the Pledge of Allegiance to the F]. ag . ROLL CALL: NENBERS PRFSENT: Mayor Nee, Councilman Goodspeed, Couneilman Fitzpatrick, Couneilman Schneider and Couneil�oman Jorgenson NEN�ERS ABSENT: None PROCLAMATIOIIS : 200TH ANNNERSARY OF THE SIGNING OF THE UNITED STATES CONSTITUTION - SEPTEI�ER 17, 1987: FREEDOM WEEK - OCTOBER 11 - 17, 1987: Mr. Bill Hunt, Assistant to the City Manager, read these proelamations Which were issued by Mayor Nee. Mayor Nee presented these proelamations to Ms. Adrienne MeCoWn, Fridley Women of Today. She stated the Fridley Women of Today, formerly the Jaycee Women, encourage young people to become involved in government affairs. APPRW AL OF MINUTES • COUNCIL I�ETING, AUGUST 24, 1987: � MOTION by Couneilman Schneider to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. ADOPTION OF AGENDA• Mayor I3ee requested the following items be added to the agenda: Under Item 18, Receiving Petition from Maxwell Graphics, 5101 Industrial Boulevard, to be Ineluded in Water, Sanitary and Storm Sewer Projeet �169; (24) Consideration of Change Order No. 3, Landseaping, Irrigation and Lighting � Project #168 with Minnesota Valley Landscape, Inc. and (25) Consideration of Change Order No. 2, Water and Sanitary Ses�er Project #162 with Park Construction. MOTION by Councilman Sehneider to adopt the agenda with the above additions. -1- 1. COiTNCIL I�ETII�GG OF SEPTEMBER 1�4, 1987 Seconded by Councilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPE N FORUM, V IS ITORS :_ 1i�ere was no response from the audience under this item of business. PIIBLIC HEARINGS: PUBLIC HEARING ON 1988 BUDGET: MOTION by Councilman Fitzpatrick to waive the reading of the publie hearing notice and open the public hearing. Seeonded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously and the public hearing opened at 7:�1� p.m. Mr. Qureshi, City Manager, stated the proposed General Fund budget is $7,5g4,078 and the total overall budget, including special funds, is $8,453�259. He stated the mill levy is being maintained, however, revenue collected from property taxes would deerease 1.u� • r'1r'• Qureshi stated because of reduetions in Federal aid, surpluses will be drawn upon in the amount of $�91,587 to maintain the same level of service. Mayor Nee stated the Couneil has spent many months reviewing this budget and items have been thoroughly discussed. Councilman Schneider asked what additions, if any, are ineluded in the Police Department budget. Mr. Qureshi stated two additional part-time Community Service Offieers are inel ude d. Councilman Schneider stated Mr. Hill, he preferred to have the full-time part-tiaae Community Service OPPicers. involved. Public Safety Director, has indicated Police Officer rather than the two Councilman Schneider asked the costs Mr. Qureshi stated the cost for two part-time Community Service Officers would be about $17,000 and the cost would probably double to add one full-time Police Officer. Councilman Sehneider stated he Would be in Pavor of adding a full-time Poliee Officer based on State wide statistics. He stated Frid2ey ranks No. 1 in police activity in communities under 100,000 and ranks No. 16 in that same group relative to sworn officers. He stated it seems far another $17, 000 they could reduce the amount intended of the reserve and add another ful].-time sWOrn officer. Councilwoman Jorgenson stated she Would prefer to have a Pull-time Police Officer rather than the part-time Commcinity Serwice OPficers. No other persons in tiie audience spoke in regard to the 1988 budget. -2- COUKCIL N�ETING OF SEPTEI�ER t4, 198? MOTION by Councilman Schneider to elose the public hearing. Seconded by Couneil man Fitz patrick. Upon a voice vote, all voting aqe, Mayor Nee declared the motion carried unanimously and the publie hearing elosed at 7:50 p.m. 2. PUBLIC HEARII�GG ON 1987 SERV ICE CONNECTIONS : MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the publie hearing. Seconded by Councilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously and the public hearing opened at 7:50 p.m. Mr. Pribyl, Finance Director, stated these assessments are for water and sewer mains, laterals and service connections. He stated each of the properties involved have conneeted to City water and/or seWer without paying a charge. He stated the property oWners have agreed to pay these eharges and they will now be assessed. Mr. Pribyl stated the assessment roll will be spread over a 15 year period at an interest rate of 8-1/2� . No persons spoke regarding these proposed assessments. MOTION by Councilman Fitzpatrick to elose t.he public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously and the public hearing elosed at 7:52 p.m. 3. PUBLIC HEARING ON A VACATION, SAV #87-08, TO VACATE THE 66 FOOT STREET RIGHT OF WAY i'i3 1/2 AVENUE) LYING NORTH OF LOT 1 AND THE WESTERLY 27 FEET OF LOT 2 BLOCK 2 CENTRAL VIEW MANOR TO ALLf7W FOR AN IMPROVED SITE PLAN FOR A PR(IP(1SF.D RAPID oiL STATI�N. GENERLLY LOCATED AT_7315 HIGHWAY 65 N.E., BY RAPID OIL CHANGE (CONTINt1ED FROM 8/24/577: MOTION by Councilman Sehneider to re-open this public hearing Which was continued from August 24, 1987. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publie hearing was reopened at 7:52 p.m. Mr. Robertson, Community Development Direetor, stated this vacation is related to several other items on the Council's agenda this evening which involve a special use permit and a number of variances. He stated in reviewing the vacation, he would also present an overview of the other requests. Mr. Robertson stated Rapid Oil Change has plans to demolish the current structure at 7315 Highway 65 and construet a new building. He stated it is proposed that 73-1/2 Avenue be vacated and the Minnesota Department of Transportation�s plans are to close off this intersection along with modifications to Fireside Drive. He stated with this vacation, the square footage of t�e site Would increase from .54 aeres to .66 aeres to brittg it closer to the code requirement of .75 acres. Mr. Robertson stated there is also a request for a special use permit to allow this use in a M-1 light industrial zone. He stated the Planning -3- COIINCIL I�ETING OF SEPTEMBER 1�4, 198T Commission reviewed this request on July 22, 1987 and recommended approval with a number of stipulations to whieh the petitioner has agreed. Mr. Robertson stated there are a number of variances required to reduce the lot area, side yard setbacks, parking and hard surface setbacks, and setbacks of the curb opening from a street right-of-way. He stated depending on whether or not 73-1/2 Avenue is vacated, some of the varianees may or may not be required. Mr. Robertson stated a question was raised at the Planning Comm3ssion meeting if there would be adequate access to the site to the north with the closing of 73-1/2 Avenue without the continuation of the service road to Fireside Drive. He stated the Publie Works Director, Mr. Flora, felt if the service road were Widened, it Would be the same as other loopbaeks in the City and adequate aecess would be provided. Councilman Schneider asked if the Minnesota Department of Transportation would elose off aecess to 73-1/2 Avenue regardless of the Council's actions. Mr. Flora, Public Works Director, stated as he understands the Department of Transportation's position, they propose to close off the 73-1/2 median and modify the Fireside Drive median, probably next year. Mayor Nee asked about the volume of traPfie when the lots to the north are developed Mr, Flora stated those lots have aecess off Viron Road and 73-1/2 to Old Central or 73rd to Highway 65. Mr. Alvan Schrader, owner of the property to the north, stated he has approximately three acres on V iron Road and operated his business there until July of 1987. He stated he has an opportunity to develop his property as a high commercial site and the amount of aetivity would increase substantially. Mr. Schrader stated he has no objection to the vacation, if Viron Road is extended simultaneously with the vacation of 73-1/2 Avenue. He stated this could be aceomplished by a deveZopment agreement with the City and Rapid Oil where the vacation Wouldn't take place until construction is completed of Viron Road to Fireside Drive. Mr. Schrader stated to vacate 73-1/2 Avenue and not complete Viron Road would eliminate the possibility of developing his property. He stated he talked to the Department of Transportation and elosing of 73-1/2 is in their long-range plan and if the median is elosed, it still wouldn't prahibit a right turn onto Highway 65. He felt if 73-1/2 Avenue is closed, it would have an impact on 73rd and Highway 65 with more traffic at that intersection. Couneilman Schneider asked Mr. Schrader if he felt his lots were uridevelopable if Yiron Road is not extended. Mr. Schrader stated if 73-1/2 Avenue remains open, he dcesn't have a problem because there is immediate access to his property from Highway 65. Mr. Flora stated he� laiows the Transportation Department is coneerned with -4- COtTNCIL MEETING OF SEPTEMBER 1�, 1987 the median at 73-1/2 and Fireside Drive because of the number of accidents. Iie stated the 73-1l2 exit could remain regardless of the median action, however, the Transportation Department would prefer it be elosed so vehicles are not entering the highway at an unproteeted intersection. He stated it was to have been part of the Transportation Department's plans for this year, but probably will not be aecompl ished until next year due to their workload. Mr. John Nelson, broker for Mr. Schrader, stated if there was a prospeetive buyer interested in Mr. Sehrader's property, he felt they would look very carefully at the acoess to the property. He stated the property has been shown and they have seen there is access at 73rd and 73-1/2• He stated a buyer would be less inclined to gurchase the property, if T3-1�2 is elosed without the extension of Viron road to Fireside Drive. He stated it eould result in a decrease in the value of Mr. Schrader's property, if there is reduced aecess. Mr. Larry Falck, 175 73rd Avenue, stated he owns property to the east and asked who would pay for improvements that need to be done for Rapid Oil at this location. Mr. F1ora stated Rapid Oil has agreed to pay the cost for all improvements associated with the widening of the service road. Councilman Schneider asked if there would be any assessments to Mr. Falck. Mr. Flora stated no assessments are anticipated to Mr. Falek at this time. Councilman Sehneider asked about traffic counts on 73-1/2 Avenue. Mr. Flora stated no traffic counts have been taken on this street. Mr. Qureshi, City Manager, stated there is considerable traffic on 73-1/2 Avenue because traffic from Onan and Medtronic use this street to aecess onto Highway 65. MOTION by Councilman Schneider to elose the public hearing. Seconded by Councilwoman Jorgenson. Opon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publie hearing cloaed at 8:27 p.m. u. PUBLIC HEARING ON THE PROP0.SAL FROM NORTEL CABLE ASSOCIATES FOR A RENEWAL OF CABLE TELEV IS ION FRANCHISE : MOTION by Couneilman Schneider to waive the reading of the public hearing notice and open the publie hearing. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously and the publie hearing opened at 8:28 p.m. Mayor Nee stated this Will be the fourth franehise considered by the City for eable television. Iie stated Gary Matz, attoraey Por the City and the Cable Commission, will review the proposal. Mr. Mata stated the franchise witl expire in December, 1987 • He stated the -5- COtTNCIL MEETII�G OF SEPIENIDER 1�, 1987 Cable Commission commenced a process for the purpose oP renewing this franchise and a@opted a request for proposal whieh was presented to the Couneil. He stated the purpose of this hearing is to allow Nortel Cable to formally present their proposal and receive any comments from the public regarding past and future performance of Nortel as it relates to their franchise renewal . Mr. Gerald Razma, President of Nortel Cable Corporation, explained Nortel's proposal for renewal of the franehise and submitted a copy of his presentation to the Council. He stated when he was before the Council last year seeking a transfer of the franchise from Storer Cable, he assumed the terms of the existng franchise as well as any future commitments made by Storer regarding upgrading the system. Mr. Kazma stated since that time, the basic subseribers have increased by 127, however, the Pay Television Subseribers have deereased by 353 which reflects an overall deerease in yearly revenues received. He stated Nortel paid a franchise fee to the City of $52, 6�6 for their first 12 months of operation. He stated the purpose of the fee is to administer the cable franGhise including the City's legal eosts, access, and government channels. Mr. Kazma stated Nortel agreed to upgrade or rebuild a�400 MHz, full aetivated 5� ehannel a��tem no later than January 1, 1990. He stated a commitment was ma�o provide a grant of $50,000 in year one, $50,000 in year five and,�50,000 in year ten for the support of public, educational governmental and library access. He stated Nortel also committed to continue its local origination endeavors using its studio in Fridley as well as a number of employees. He stated the Anoka County Communications Workshop is using 20K of the useable apace in their building and 80$ is used by Nortel . He stated this was an extremely �enerous franehise acce ss grant on behal f of Storer Cable, however, Nortel agreed in the transfer hearing to assiune these conditions. Mr. Razma stated Nortel made other assurances to the City regarding day to day operations, fnsurance, bonding and the rates Would not be increased for a 12 month period. He stated all oF t�his is history as they are now making application for a new 15 year franchise. Mr. Kazma stated as a point of interest, the City Couneil completed its review required by Section 626 (C) of the Cable Act by the issuance to Nortel of the request or proposal on Mareh 16, 1987. He stated the City has already missed the four month deadline to either renew the franchise or make the preliminary determination not to renew the franchise . He stated he wished it on record that Nortel is working in good faith with the City regardless of the failure of the City to adhere to the terms of the Cable Aet. He stated he believes Nortel is going that extra mile in an attempt to resolve auy differences it may have with the City. Mr. Kazma stated he believed Nortel has compZied with the four main criteria detailed under Section 626 of the Cable Act in order for them to receive the 15 year franahise renewal. He atated he believed the Council was familiar with this -6- COIINCIL MEETING OF SEPTEMBER 14, 198� criteria, however, he has included the Cable Act with this written prese ntation. Mr. Kazma stated the City requested a�F00 Mi�i system and later revised it to �50 l�iz. He stated Nortel accepted the initial �00 I�iz and later revised that, after meetings with City officials, to �F�#0 I�IIiz. He stated this would provide the capability of 60 ehan�els. He stated the distribution system is over 15 years old and has ta be nurtured. He stated the rebuild of the system has never been a contentious point and from a practical standpoint, Nortel realizes the need for a new cable plant in order to provide better service. Mr. Kazma stated Nortel intends to begin the rebuild immediately upon the receipt of a new 15 year franchise and expeets it to be completed by January 1, 1990. He felt this would eliminate a great many of service calls they are now receiving. Mr. Kazma stated Nortel proposes to continue the current level of local origination and in year five of the neW franchise, the progress will be discussed in that field. He stated Mark Hammerstrom, Nortel's General Manager, prepared a summary sheet on local origination. Mr. Kazma stated Nortel strongly believes there is no need for a separate institutional network in the City. He stated the vast ma3ority of these networks are unused. He stated the Fridley Sehool District hasn't used the access ehannel in the last five years and Nortel does not believe this is a real need. He stated, however, in an effort to compromise the issue s outstanding, Nortel will construct a separate institutional network connecting the five buildings in the Fridley School Districts with the Anoka County Library and City Hall. He stated construction of a separate institutional network would take place no later than year nine of the rebuild. He stated if Nortel didn't construet a separate institutional network during the rebuild, two channels would be dedicated for use by the City. He stated this is not a major issue and Nortel Will build the institutional netWOrk in the rebuild process, if it is desired. Mr. Razma stated Nortel will provide for an interconneet and work with the School District now in case Hauser Communications agrees to an interconneet sometime in the future. He stated if this pleases the City, Nortel is prepared to go this extra mile. Mr. Kazma stated Nortel has provided the City with its subseriber service practices and is aware of several complaints made directly to the City. He stated this has been diseussed in great detail and pointed out that in the la.st year, Nortel spent $35,000 on a neW Mini Rohm system. He stated Nortel is aware of the problem, understands it, and is working on it. He stated t,he City requested two specific lines for Fridley subseribers only and Nortel has rejeeted this reqwest. Mr. Razma stated the reason is a great majority of their calls coming into them now is due to the rebuilt in Bloomington. He stated When the rebuild is done in Fridley, he didn't believe the two lines would be sufficient as there Wil be a great number of calls. He stated because he is aware of the frustration on the City's part, Nortel will put in tWO lines far Fridley subscribers only between the franchise renewal date and the date they commenee the rebuild. He stated this is only a period oP six months before they will nzed all the lines to -7- COUNCIL 1�ETING OF SEPTEMBER i$, 1987 handle call s from Fridley subseribers. He stated Nortel doe sn' t ne ce ssary agree with this request, but understands the City's frustrations. Mr. Kazma stated Nortel will supply a complete and accurate complaint log, but would not keep a log of all calls. He stated a great number of calls are a geryeral type of question and to log all of those would be unnecessary and burdensome. Mr. Kazma stated when Storer renewed the franehise in 1982, a commitment was made for approximately $50,000 for aecess equipment. He stated when the City approved the change of control from a publicly held company to a leverage buy-out lead by Kohlberg, Rravis and Roberts, the minimum commitment for access equipment was for a$50, 000 grant in year one, five and ten of the renewal. Mr. Kazma stated Nortel strongly believes it can be proven that the aecess support Was reasonable to meet future community needs. He stated the cost of video equipment has greatly deelined in the last five years, however, Nortel will commit to a�60,000 cash grant in year one of the rer�wal. He stated the $60,000 represents ihe �50,000 grant made five years ago With an inflation Paetor. He stated in years five and ten of the renewal, Nortel offers cash grants to the city of $60, 000 plus an inflation factor based on the consumer price index in the metropolitan area. He �tated Nortel believes the existing capital commitment together with the 5� franehise fee will generously provide for the needs of all aece ss groups in Fridley. Mr. Kazma stated over the terms of the new 15 year franehise, franchise fees will amount to approximatly $790, 000. He stated as revenue s grow, so doe s the franchiae fees. He statzd the access grant of approximately $200, 000 and the yearly local origination costs of approximatly $�0, 000 committed over the term of the franehise is $800,000 with no allowance for inflation and no allocation for the free studio and office space and expenses provided. He stated the costs, along With the franchise Pee, are approximately $1,590,000 and he believed this will more than generously provide for reasonable communication needs in Fridley. Mr. Kazma stated the local origination amounts to approximately $4,�100 per month, Par in excess of Nortel costs for programming services that subscribers Wish such as ESPN, WTBS, CNN, CNN Headlfne News, USA Network and the rest of the serviee desired by Fridley subscribers. He stated the City can alloeate more than 5% of its franehise fee for aecess if it so desires. Mr. Kazma stated Nortel will continus to provide the free studio space to the ACCW and continue to maintain the video equipment so far as they maintain a local origination produetion Pacility. He stated the studio space will be available for lease on a time, equipment, personnel, rental basia at competitive rates and play back facilities will be provided to distribute the leased acce ss programming at a pl ay baek rate negotiated between tlie company and lessee. Mr. Kazma stated Nortel will continue to provide oae dedieated channel for � library access, any additional funding or equipment n�eeded Will be covered by the access grant to the City. He stated one regional aceess c�annel wil7. be provided as required by Minnesota law. -8- COUNCIL MEETING OF SEPTEI�ER 1�1, 1987 Mr. Raxma stated Nortel reviewed various documents froaa School Distriet #14, the AC(7W and the City and felt the current level of access programming appears to have served the needs of the eitizens of Fridley very well during the past 15 years. He stated Nortel is anticipating to spend at least $600,000 for local programming during the next 15 years. iie stated the City will be receiving in excess of $790,000 in franchise fees and the financial commitment, along with tlie access grant, Will amount to more than $1,590,000 and will provide a ger�erous amount for local programming. Mr. Razma felt these expenditures are extremely aggressive for a system of �1,200 subscribers. Mr. Raz ma stated he bel ieved Nortel is giving f ar more th an al l owe d unde r the Cable Act. He stated last year he gave the Council his word Nortel woul d commit $150, 000 to acce ss grants lalowing they didn' t�have to, but will stand by the commitment and not go back on his word. He stated Nortel wants to be and is a good corporate citizen of the City. Mr. Razma stated the 5� franehise fee is allowed under the Cable Aet and is Nortel's cost of doing business in the City. He stated Nortel is giving more than that 5� arid made the commitment and will stand by it, but cannot go beyond this point. Mr. Razma stated Nortel is Willing to provide subseribers whatever they want when it is finanoed by them. He stated all of their surveys indicate the least watched and required is the local origination and community access channels, however, this is where most of the program funds are used. Mr. Razma stated Mark Hammerstrom, Ger�ral Manager and Seith Cripps, Vice President of Nortel were present to answer any questions from the Council. Councilman Schneider asked if the installation of the two phone lines would commence at rebuild and be diseontinued at the completion of the rebuild. Mr. Kaxma stated after the rebuild, two of those littes will always be maintained, but they may be needed at the time of tiie rebuild. Mr. Ed Raspszak, member of the Cable Commission, stated the City is being asked to aecept a 15 year franchise and making a eommitment they will have to live With for this period oP time. He stated this is unheard of in municipal government. He stated he felt uncomfortable With a 15 year franchise given the circumstances and technology. Mr. Raspszak stated he didn't agree Nortel is a distribution system. He stated the Cable Commission's contention is What they want is an information system. Ae stated if Nortel was strietly a distribution media, there would be no use in baving the meeting taped here this evening. Mr. Mark Neuman-Scott, representing the Anoka County C�munication Workshop, stated letters have been written regarding the Workshop's needs. He stated suggestions Were made on how the company could save money and didn't believe that �60,000 in the years five and ten would meet the needs of all the aecess channels in the City. I�. Brian Brady, 2730 Hayes Street, stated he is employed by Onan and sa� figures on operating expenses and capital to rebuild the system. He felt �� COUNCTL I�ETING OF SEPTENIDER 1�F, 1987 the City would be mueh better served if funds Were spent to ereate the programs rather than simply distributing programs received by satellite. Mr. Razma stated none of the figures quoted this evening were for rebuilding the system. He stated this cost Kould be about $1.2 mil.lion. Mr. Fred Mykkanen, 68�0 Jefferson Street, stated he believed Nortel should not aharge for extra outlets. He felt they ahould operate the same as the phone company and electric eompanies and charge to bring the service into the home, but there ahould not be an extra charge for outlets if a resident chooses io connect extra televisions. He stated he was charged $12/month and because he had two other televisions connected, his bill went up to $26/month. He stated probably everyone who has cable service has more than one televison connected. Mr. l�ykka�en felt 3t was tuifair to allow the cable company to eharge for additional sets connected other than just for the basic service that comes into a residence. He stated he is not against a one time charge, but beyond that he felt it is unjust to the eustomer to keep charging every month. He stated Nortel told them the reason for the c,harge was because they pay a copyright fee and he didn't feel it was a valid argument. Mr. Mark Hammerstrom, General Manager for Nortel, felt two issues were involved. He stated one issue is how the cable company packages their service. He stated some include the eharge for additional outlets into their basie service. He stated it isn't an uncommon praetice to charge fees for additional outlets. Mr. Hammerstrom stated Nortel charges any time they split the signal. He stated the cable company is held liable by the FCC for strict standards and When equipment which isn't theirs is used, they cannot be sure the system isn't leaking. He stated signal leakage can cause problems on a variety of signals. He stated copyright fees are charged on all basie service. Couneilman Schneider asked if Nortel didn't eolleet the additional fees, if they would have to pay more in copyright fees. Mr. Hammerstrom answered in the negative. Couneilman Fitzpatrick asked if there is any difference if the resident splits the signals or if Nortel splits the signals. Mr. Hammerstrom stated people do split the signal, hawever, if Nortel finds it, the resident is charged for an additional outlet. Couneilman Fitzpatrick asked if the signal to a home would be the same, iP Nortel split it or if the resident split the signal. Mr. Hammerstram stated if the splitter is installed poorly, there could be an additional signal loss. Mr. Hammerstrom stated the main concern is the FCC leakage. Councilman Schneider asked iP this has occurred ia Fridley to which Mr. Hammerstrom answered in the affirmative. -10- COIINCIL MEETING OF SEPTEI�ER 14, 1987 Mr. Kazma stated the whole cable industry is quite split on t�his question of second television sets and if there should be a eharge. He stated at one time, everyone charged for second and third sets, then some started charging per household. He stated Nortel is reviewing it, however, charges aside, tbey prefer to do all the installations in the home. He stated they didn't want the homeowner buying their own equipment because there is a signal leakage problem. He stated the FCC does cheek for leakage and fines are levied. Ms. Carol Holman, 5�60 5th Street, asked what percentage of the households in Fridley subscribe to cable television. Mayor Nee stated about 40�. Ms. Holman asked if anyone was checking into the possibility of awarding the franchise to someone else. Mr. Matz stated the Cable Act adopted by Congress in 1984 requires the City, in essenee, give consideration to the existing cable company and the City must find non-complianee on part of the cable operator or that their proposal isntt reasonable for future needs. Ms. Holman stated as a subscriber, she would prefer the franchise not be renewed. She felt the service wasntt satfsfactory and it appeara the surrounding communities have better service. Ms. Holman stated there has been no growth in the system and is her major complaint. She also stated getting through to their repair department is extremely difficult. Councilman Schneider stated Nortel's proposal is for a 60 channel system to be on line in 1990. Mr. Raspsz ak stated the Cable Commission worked hard with the S ch ool Distriet to determine their needs. He stated he talked to Dr. Rens, Superintendent of School Distriet #14, several days ago and it appears the merger of the four school distriets Will come about quicker than anticipated. He stated he does have concern about the time when this program would be in effect. He stated Dr. Rens indicated they have a dire need for intereonnect and need it today. Mr. Raspszak stated the length of the franchise conoerns him as it commits not only the City, but the schools. Mr. Ron Abrams, attorneq for Nortel, stated Nortel would build the institutional network the same time they are constructing the rebuild in Fridley. He stated Nortel would be happy to meet with the Hauser people to discuss intereonneet. Mr. Gary Moek, International Word Cable Network, stated he was not in a position to dissuade or eneourage the Council from acoepting Nortel's proposal. He stated he was asked to come this evening by Cindy Bogs, a resident of Fridley and Gouncil �9 of the Rnights of Columbus to share their hope in bringing EWTN on line in Fridley. He stated their program is in 400 systems aeross the nation and in 7 million homes. Mr. Mock stated they represent Mainline Ghristianity and have gone to a 24 hour service to reaeh persons oP all ages. He stated Nortel is only one of two systems that doesn't oPfer their aervice. Iie stated EWTN can provide a very high and loyal 9ervioe and Nortel could count on a dramatie inerease in their viewership. -11- COUNCIL MEETING OF SEPTEI�ER 1�, 19$7 Mr. Andy Aurzada, 5872 Jefferson Street, representing the local eouncil of the Knights oP Columbus, stated they support EWTN and eneourages their members to watch this channel. He stated he would like to see a religious channel on the Fridley cable system. Mr. Mock stated he wished to eneourage the Couneil, as a provision of the new franchise agreement, to expect the cable company to be responsive to the r�eds of the citizens and community in the types of programs they offer. Mr. Paul Raspszak, 1317 Hillcrest Drive, stated Channel 6 has a cable shopping network and as a viewer, he would like something else offered. Councilman Schneider questioned the number of trunk lines as indicated in a letter dated September 11 fr� Mark Hammerstr�. He asked if Northwestern Bell is allowing only one trunk line. Mr. Hammerstrom stated Nortel is working With Northwestern Bell and the answering service to see if that is the case. He stated it is in Nortel's best interests to serve their eustomers and as soon as a response is received from the phons company, it would be passed on to ihe Council. Councilman Schneider stated to alleviate some of the concerns, he asked if it might be possible for someone in City Hall to hae a home phor�e of someone in authority at Nortel. Mr. Hammerstrom stated Nortel would be agreeable to supply a phone number to a City staff inember, perhaps Clyde Moravetz . Mr. Kazma stated when the rebuild is done, the home ahopping network would be removed from Channel 6 and placed on Channel 26. He also stated When the system is rebuilt, they will be seeking programming. Mr. Matz stated he would recommend the publie hearing be continued to next month . MOTION by Couneilman Fitzpatrick to continue this publie hearing to October 19, 1987. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, M�yor Nee deelared the motion carried unanimously. RE CESS : M�yor Nee called a recess at 10:00 p.m. RECONVENED: Mayor Nee reconver�ed the meeting at 10:15 p.m. All Coutteil members were prese nt . OLD Bt�S INESS • 5. CONSIDERATION OF A SPECIAL USE PERMIT. SP �87-14, TO ALLOW AN AUTOMOBILE -12- COUNCIL I�ETING OF SEPTEI�IDER 14, 1987 This item was tabled to September 28, 1987. See Item 6 for further information. 6. CONSIDERATION OF VARIANCE REQiJESTS, VAR #87-24, TO REDUCE THE MINIMUM ALLCJWABLE LOT AREA FOR ONE MAIN BUILDING; TO REDUCE THE SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER LOT: TO R'EDUCE THE DISTANCE THAT Ti� EDGE OF TI� CURB OPENING MAY BE FROM A STREET RIGHT-OF-WAY INTERSECTION; AND TO REDUCE TI� PARKING AND HARD SURFACE SETBACK FROM A STREET RIGHT-OF-WAY TO ALL�bT CONSTRUCTION OF AN AUTOMOBILE SERV ICE STATION ON LOTS 1 AND 2, BLOCK 2, CENTRAL VIEW MANOR, TI� SAN1E BENG 7315 HIGHWAY 65 N.E., BY RAPID OIL CHANGE SCONTINUED FROM 8/24/87): Mr. Robertson, Community Development Director, stated a nLmmber of variances are requested for this site and the hardship stated was the site is entirely landlocked so no further land acquisition is possible. He stated the variances are to reduce the lot area, side yard setbacks, curb opening setbacks, and parking and hard surface setbaeks. Mr. Robertson stated these variances were reviewed by the Appeals Commission and the recommendation xas for approval. He stated several variances will not be required, if the Council decides to vacate 73-t/2 Avenue as this would increase the size of this parcel. Mr. Mark Gilbertson, representing Rapid Oil Change, stated their original plan for the site did not take into consideration the vacation of 73-1/2 Avenue. He stated the plan would work, with or without the vacation, and if 73-1/2 Avenue is vacated, there �rould be a simple modification of the driveway. He stated this parcel is very saiall and the only building that could probably be constructed and meet all the code requirements would be a drive-thru photomat. Mr. Gilbertson stated he felt their business would enhance this corner, but didn't �ant to create a hardship for any other property owners in the area. He stated, at this time, approval is requested of the special use permit and varianees so they can begin construction. Couneilman Sehneider stated unless the vacation of 73-1/2 is approved, this parcel is certainly overcraaded. He stated Mr. Sehrader's comments were that he did not want 73-1/2 Avenue vacated until Viron Road is extended. He felt it was in Rapid Oil's interest to obtain the vacation, as Mr. Schrader's property would remain the same if the vacation and variances were not approved. Mr. Gilbertson stated the site is now an eyesore and felt their development Would enliance that corner. He stated because of the size of this pareel, anyone who wanted to develop the site would require varianoes. Mr. Alvan Schrader, property awner to ttie north, stated with or without the variances, the lot doesnT t meet the code requirements. He fel t the 1 ot is as functional today as it would be iP 73-1/2 Avenue is vacated. Mr. Qureshi, City Manager, stated possibly Rapid Oil Qiange should have the opportunity to try and acquire additional property to the north for the extension of Yiron Road. Mr. Qureshi atated he felt the whole traffie -13- COtTNCIL MEETING OF SEPTEMBER 1�t, 1987 patterns should be solved as there are large volumes of traffic coming from the east. Mr. Flora, Public Works Director, siated the entire right-of-way �eeds to be obtained. He stat,ed possibly widening the intersection at 73rd Avenue with another left-turn lane should be reviewed. Councilman Schneider stated if Rapid Oil Change didn't proceed with their plans, if staff knew what may happen with this pareel. Mr. Robertson stated he, frankly, didn't 1�tow what would work because of the size of this site. Mr. Gilbertson stated the budget for tliis project has been stretched as far as possible and didn't feel they were in a position to negotiate with the aaner of the mobile home park to aoquire aecess to extend Viron Road. He stated in order to pay for the assessment, the size of the buflding was decreased by 14 feet. Mr. Flora stated staff inet With the arners of the mobile home park several times last year and asked for a 15 foot easement and, at that time, they were not in favor as it would involve moving one of their tenants. He stated sinee there are now some vacancies in the trailer park, this situation possibly may have changed. MOTION by Couneilman Schneider to table items 5, 6 and 7 to the next meeting on September 28 and direet staff to (1 ) rework the plan based on the new building size; (2) conduct appropriate traffic counts on 73rd Avenue and 73-1/2 Avenue; and (3) review possible options for Viron Road making sure the owner and tenant of the trailer park are involved. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared ti�e motion carried unanimously. Mr. Gilbertson asked if there was any way Rapid Oil eould begin construetion prior to the vacation of 73-1/2 Avenue, as it appears this wi].1 be a lengthy proce ss. Mr. Qures�iii stated staff will provide additional information to Couneil so, hopefully, a decision could be made at tb.e next meeting. 7. CONSIDERATION OF A GARIANCE, VAR #87-26, TO REDUCE THE SIbE YARD SETBACR ON THE STREET SIDE OF A_ CORNER LOT FROM 35 FEET TO 21 FEET ON THE NORTH, TO 8. Tlzis item was tabled to September 28, 1987 • See Item b for Puriher information. ORDINANCE NO 89b APPRWING A VACATION SAV #87-0�, TO VACATE EASEMENTS ON -14- COUNCIL MEETING OF SEPT�I�IDER 14, 1987 Mr. Robertson, Community Development Direetor, stated there was a question raised whether it Would be possible to combine the remaining parcels with Mr. Sehroer's other property to make it one tax parcel. Ae stated a deed was recorded in June, 1978 whieh reserves an ingress and egress access from Ranchers Road. He stated the petitioner's request for the eombining of these lots is really independent of the outstanding qtbestion if Mr. Schroer does own this property. Mr. Robertson stated he believed the problem could be solved with the follawing stipulations: (1) Bob Sehroer will grant an acoess/egress easement for the south 50 feet of the west 115 feet of Lot �F (see plat map easement A) to the City of Fridley or its assigned; (2) Bob Schroer will reassign an existing private access/egress easement for the south 50 feet of Lot 5 isee plat map easement Bi to the City of Fridley or its assigned; and (3) Both easements will be held by the City of Fridley and may be recorded at any time in the future as public or private easements (assigned) at the City's discretion. Mr. Robertson stated he felt this settled the qwestion of landloeking any property. Mr. Qureshi, City Manager, stated oue of the stipulations of the lot split was all this property and the existing property Mr. Schroer owns would be eombined into one tax parcel so Whenever a portion is developed or sold, the City has input into the development. He stated this particular stipulation is not noted in this vacation request. Mr. Qureshi stated he realizes there is a legal question on a portion of the property, however, iF it is determined Mr. Schrcer is tYie awner, he should eomply With this stipulation. Mr. Robertson stated the provision to combine all the property into one tax parcel Was covered in the lot split approved on July 6, 1987. He stated what is now being considered is vacation of the old utility easement. Mr. Benson, representing Mr. Schroer, stated Mr. Schroer agreed to combine all the parcels into one tax parcel and when the awnership of the property in question is settled, he is willing to combine it into one awnership. Mr. Newman, City Attorney, stated the Council's prior stipulation did not include tiie property crosshatched in blue as shown on the map. He stated parcel B and the other parcel, when it comes under the ownership of Mr. Schrcer, would be combir�d with the property Mr. Schrcer owns to the south so all property Would be under one tax parcel. Mr. Robertson stated parcel B contains property which Mr. Sehroer owns as well as the property whose awnersiiip is being contested. MOTION by Councilman Goodspeed to waive the seeond reading and adopt Ordinance No. 894 on second reading and order publication, with the following stipulations: (1) developer responsible for all eosts associated with relocation of 8 inch sanitary sewer line; (2) new utility easements to be provided on north and south of property to aecommodate relocation of sewer line; (3) Bob Schrcer �ill grant an aecess/egress easement for the south 50 feet of the West 115 feet of Lot u(see plat map easement A) to the City of Fridley or its assigned; (4) Bob Sehroer will reassign an existing private acoesa/egress easement for the south 50 Peet of Lot 5�see plat map easement B) to the City oF Fridley or its assigned; (5) both easements will -15- 9• COiTNCIL MEETING OF SEPTEMBER 14, 1987 be held by the City and may be recorded at any time in the future as public or private easements (assigned) at the City's discretion; and (6) ia the event Mr. Schroer is deelared the awner of Parcel B, it be combined with the property to the south as one tax parcel. Seconded by Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Benson stated the plans for this project have been submitted to the City and he reqwested they be allawed to apply for the building permit, after this vacation is published. Mayor Nee and the Couneil members indicated no objection if the petitioner is prepared to take the risk of a possible reversal. ORDINANCE NO 895 APPRWING A REZONING, ZOA #87-03, TO REZONE FROM C-1 ( LOCAL BtIS INESS ) TO C-2 (GENERAL BUS INESS ) ON TRACT B, C AND D, REG IS TE RED LAND SURVEY N0. 19 � THE SAI� BEING 6520, i BY RANDALL OLCHEFSRE AND RLAUS FREYINGER: E Mr. Robertson, Community Development Direetor, stated a restrictive covenant regarding land uses will be executed Por Mr. Freyinger's property and this covenant is being prepared by Mr. Newman, Assistant City Attorney. MOTION by Councilman Fitzpatriek to waive the second reading of Ordinance No. 895 and adopt it on the second reading and order publication, with the follaaing stipulations: Rlaus Freyinger's property -(1) petitioner agrees to execute a restrictive convenant agreement stating that land usea under proposed C-2 (General Business) zoning elassificaton for Tract B and C, Registered Land Survey No. 19, is limited to those land uses provided for in the C-2 (Gen�eral Business) section of the Frfdley Zoning Code exeept the following will not be considered permitted uses: sutomobile agencies selling or displaying neW and/or used vehicles, agencies selling or displaying recreational vehicles, automotive repair or service stations, liquor stores, bars and taverns. Restaurants serving wine and/or beer sYiould be allawed. Complete prior to publieation of rezoning ordinance; (2) petitioner agrees to refurbi� building ineluding trim painting and roof equipment screening prior to oceupancy; (3) petitioner agrees to install a briek dumpster enelosure wih opaq�e gate prior to occupaney; (4) petitioner agrees to install a pylon sign similar to the Riverside Carwash sign prior to full oecupaney; (5) petitioner agrees to install landscaping and automatic sprinkling, as per City plan dated 7/1/87, on Traets B and C (except along West edge) prior to occupancy; (6) petitioner agrees to install landscape tree wells, plantinga, and irrigation along the weatern edge of Traets B, C and D, as per City plan dated 7/1/87 by Oetober 31, 1g8g; (7) petitioner agrees to make parking lot/driveway improvements including curbing, blaektopping, sealcoating and striping prior to oecupancy; ($) petitioner agrees to provide joint driveWay easement (content approved by staff) from Tract B to Traet C and joint driveway and parking easements from Tract C to Traet D, prior to publieation of ordinance. Randall Olchefske's property -(1) petitioner agrees to refurbish westerly addition to carwash by adding roff equipment screening and refinishing facade (roof sereening details by awner - approved by staPf) . Work to be -16- COUNCIL MEETING OF SEPTEMBER 1�1, 198Z completed prior to oecupancy of proposed addition; (2) proposed easterly Yacing overhead doors to be tan colored; (3) petitioner agrees to provide a masonry dumpster enclosure with opaque gate prior to oceupaney �of proposed addition; (4) petitioner agrees to install landscaping and provide automatie sprinkling as per City plan dated 7/1/87 on Traet D(except along West edge) prior to oceupancy of proposed adddition; (5) petitioner agrees to make parking lot driveway improvements including shifting of westerly drive five feet east, and new curbing, blacktopping and retaining Kall as indicated in City plan dated 7/1/87 prior to oceupancy of proposed addition. Driveway and retaining wall details by o�aner prior to building permits; (6) petitioner agrees to execute joint driveway and planting easements (content approved by ataff) from Traet D to Traet C prior to publication of ordinanee; and (7) petitioner agrees to execute a restrictive covenant agreement stating that land uses under proposed C-2 (General Business) zoning elassificaton or Tract D, Registered Land Survey No. 19, is limited to all land uses provided for in the C-1 (Local Business� section of the Fridley Zoning Code plus Puel dispensing and car Wash uses will be considered as permitted uses. Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated he assumes publ ication of the ordinance would be after the restrictive covenant is signed. 10. CONSIDERATION OF APPOINTMENTS TO THE ENERGY AND ENVIRONMENTAL QUALITY CONiNIISSIONS • MOTION by Couneilman Sebneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 11 . CONSIDERATION OF FIRST READII�G OF AN ORDINANCE APPRW ING A V ACATION, SAV #87-07, TO VACATE TF� 12 FOOT ALLEY IN BLOCK 5. HYDE PARK LYII� NORTH OF THE SOUTH LINE OF LOT 22 EXTENDED EAST�RLY AND SOUTH OF THE NORTH LINE OF LOT 30 �EXTENDED EASTERLY. ALL LYING EAST OF AND ADJOINII�G LOTS 22-30, BLOCR 5� HYDE PARK. GENERLLY LOCATED BETWEEN 61ST AYENIIE AND I STREET AND UNNERSITY AVENtIE, BY WAYNE 30H1�TSON: Mr. Robertson, Community Development Director, stated the City could install the driveway to the Reed�s property at 601? 3rd Street and assess all or a portion of tiie cost. Mrs. Reed, 6017 3rd Street, stated there isn't enough property on either side of their home to install a two ear garage. She stated if a garage was coastructed out from their front door, a four foot variance would be required. Mrs. Reed stated she would like to save as mauy trees as possible and if they proceed on this basis, four trees Would have to be removed. She stated the cost estimates are about #7,000. Mrs. Reed stated there isn't much incentive to install the driveway iP they have to pay the entire cost and lose the trees. She stated if the City wanted the vacation, they would agree �ith it if they can get some assistance with the driveWay installation and tree removal. -1?- COIINCIL MEETING QF SEPTEMBER 14, 'l987 Mayor Nee asked Mrs Reed if she had talked to the neighbors about ihe front yard encroaehment of the garage. Mrs. Reed stated she had not, but that is the only location on the property where the garage could be construeted. Mr. Qureshi, City Manager, stated if the alley is vacated, one-half of it reverts to the property to the east, whieh is the Highway Department's right-of-way, and the other half would revert to the properties to the west. Mr. Qureshi q�stioned the petitioner's plans and reason for requesting this vacation. Mrs. Reed stated she understands the petitioner, Mr. Johnson, wishes to construct a garage. Mr. Qureshi stated he didn't believe there would be sufficient space as part of the alley, if vacated, Kould belong to the Highway Department. Couneilman Fitzpatrick stated he didn't believe the petitioner was aware a portion would belong to the Highway Department and probably thought he would reeeive 12 feet not 6 feet. MOTION by Couneilman Goodspeed to waive and reading and approve the ordinance upon first reading with the amendment For vacation of the west one-half of the alley, with the following stipulations: (1) a utility easement to be retained over the entire portion of vacated alley; (2) garage construction contingent upon letters from all utility companies allowing a speeified distance of encroachment into retained utility easement; i3) garage construction contingent upon passage of a resolution by Couneil authorizing a specified distance of eneroaehment into retained easement; (�) petitionsr to escrow funds with Public Works Department sufficient to cover curb work for proposed curb cut on 3rd Street; and (5) dumpster to be fully sereened. Seconded i�y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 12. RECENING TI� MINUTES OF THE PLANNING COMMISSION NIEETII� OF AUGUST 26, 1987: A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-16, TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EQUIPI�NT ON PART OF LOT 1, AUDITOR'S StJBDNISON NQ 79. TI� SAME BEII+�G 4500 MAZN STREET N.E., BY RUBBER RESEARCH• Mr. Robertson, Community Development Direetor, stated this is a request to a11oW for outside storage of materials and equipment for property at �i500 Main Street. He stated the Plannir� Commission recommended approval of the request with six stipulations, which he outlined. MOTION by Couneilman Fitzpatriek to grant special use permit, SP #87-16, �►ith the follawing stipulations: (1) provide a water main loop at the time of the building expansion; (2) provide landscaping and hard surPace parking lot and driveWays WitYi curbing; (3) aut�natic sprinkling for front lawn to be installed with landseaping as per Citq�s plan; (4) provide erushed roek or asphalt in the relocated storage area; (5? stipulations to be -18- COtJNCIL I�ETING OF SEPTEI�ER 14, 1987 aceomplished prior to October 1, 1988, or prior to occupancy of the new building whichever comes first; (6) stipulations of the 12122/86 building permit to be extended to Qctober 1, 1988. Seconded by Couneilman Goodspeed. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatriek to receive the minutes of the Planning C�mission meeting of August 26, 1987. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. ITEM FROM THE SEPTENIDER 1, 1987 APPEALS CONlNIISSION A'�ETING: A. CONSIDERATION OF A VARIANCE REQUEST, VAR #87-29. TO REDUC� THE REQUIRED SIDE YARD SETBACK FROM 10 FEET TO 4.4 FEET TO ALLOW THE CONSTRUCTION OF ADDITIONAL LNING SPACE ON LOT 3. BLOCR 2. HEATHER HILIS SECOND ADDITION, THE SAME BEING 6191 Y UES ON Mr. Robertson, Community Development Director, stated this is a request for two side yard variances. He stated the Appeals Commission denied the request for a variance to allow the addition to taie house to be in li�e Kith the edge of the garage, however, they approved a setbaek of 4.6 feet for the existing garage. He stated the petitioner is still requesting approval of a varianee of 8.4 feet, rather than 10 feet, in order to construct his addition. Mr. Robertson stated the petitioner's hardship was that the proposed location of the addition is the only orie feasible due to the layout of the house, existing decks, and the swimming pool. t�. Robertson stated Mr. Mortenson has also petitioned for vacation of the drainage easement which is being processed. Counei�man Sehneider stated he really didn't have a problem �ith the original request by the petitioner and believed the neighboring property aWner has no objection. Mr. Mortenson submitted a letter to the Couneil from Mr. Morford indicating he had no objection to the varianoe. NfOTION by Councilman Schneider to receive this letter from Larry Morford, 6235 Kerry Lans. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Mortenson stated it would be more aesthetieally pleasing if the addition Were in line with the existiag garage wall. MOTION by Councilma.n Schneider to grant varianee request, VAR #87-29, to reduce the required side yard setback from 10 feet to �.�1 feet to allow construetion of additional living space to line-up wfth the existing garage -19- COUNCIL I�ETING OF SEPTEMBER 1�4, 1987 wall and to reduce the required side yard setback for the existng garage fro�n 5 feet to �.6 Peet, subject to vacation of the drainage easement. Seconded by Couneil�oman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF A VARIANCE REQUEST, VAR #87-32, TO DECREASE THE REQUIRED SIDE YARD SETBCK FROM 20 FEET TO 5�'EET TO ALLCJW TI� ENCL06URE OF AN EXISTING LOADING DOCK, ON LOT 7, BLOCK 1, PACO INDASTRIAL PARK, THE SAI� BEING 250 COMMERCE CIRCLE SOtJTH N.E., BY DAV ID HARRIS • Mr. Robertson, Community Development Director, stated the petitioner's hardship was that the original plat was approved witb no road and the City decided to construct a road and needed 25 additional feet whieh ehanged the orientation of the lot. Mr. Robertson stated the petit3oner felt the hardship was really created by the City. Mr. Robertson stated the Appeals Commission reviewed this request and recommended approval of the variance with the stipulation the petitioner screen any outside refuse containers. MOTION by Councilman Goodspeed to concur with the recommendation of the Appeals Commission and grant variance, VAR #87-32, with the stipulaiion that the petitioner screen any outside refuse containers. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared ihe motion carried unanimously. 14. RESOLUTION NO 68 1987 AUTHORIZING FUNDS TO BE EXPENDED IN_SUPPORT OF MEDIATION SERVICES FOR ANORA COUNTY OUT OF THE 1988 CITY BUDGET: Mr. Hunt, Assistant to the City Manager, atated this year the Council authorized funds fr� the emergeney reserve for Mediation Services and this resolution is for the Council's consideration to authorize funds to be expended in 1988. Mr. Hunt stated most human service organiz ations �are funded through Community Development Block Grants, however, in order for Mediation Services to provide free servioe, it is difficult for them to meet loW to moderate income guidelines to be eligible for these funds. He stated in order to qualify for CbBG funding, it must be shown that 51$ of the funds received are used for law and moderate ineome families. Ms. Ann Wallerstedt, Executive Director for Mediation Servi�es, stated they are requesting assistance at the rate of five cents per capita or $1,500 for 1988. She thanked the Couneil for their finaneial assistanee in 1987 which provided Mediation Serviees With the opportunity to grow. Ms. Wallerstedt felt the application of inediation in community affairs is a very innovative proce ss. Ms. Wallerstedt submitted a letter to the Couneil requesting Financial assistanoe for the balance of this year. She stated they are faced with a cash f1oFr shortage for the months of Oetober, November and December and -20- COIINCIL I�ETING OF SEPTEI�BER 1�, _ 1987 seeking ass3stance in the amount of $5,000 from businesses, social, civic and community groups and organizations. Ms. Wallerstedt stated the request made to the City Council is for an additional $1,000 to $1,500. Mayor Nee felt consideration should be given for a one-time emergency contribution as he felt Mediation Services provided a worthwhile service. MOTION by Couneilman Fitzpatrick to receive the letter dated September 1�4, 1987 from Ann Wallerstedt and direet that this item be considered at the next Council meeting on October 5, 1987. Seeonded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Couneilman Schneider to adopt Resolution No. 68-1987. Seconded by Councilwoman Jorgenson. Opon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15• CONSIDERATION OF RECENING TAE 1988 BIIDGET FROM THE NORTH METRO CONVENTION AND TOURISM BUREAU: ' Mr. Hunt, Assistant to the City Mana,ger, stated the present agreement with the North Metro Convention and Tourism Bureau provides they submit their budget prior to October 1 for the Council's review. He stated the agreement aiso provides that any changes in the budBet imrolving more than 10� �rould require action by the Council. Mr. Hunt stated, at a future date, there w il l be a req ue st th i s be ch ange d. MOTION by Couneilman Fitzpatriek to reoeive the 1988 budget for the North Metro Coavention and Tourism Buresu. Seconded by Councilman Goodspeed. Upon a voice vote, al.l voting aye, Mayor Nee declared the motion carried unanimously. 16. RECENING PETITION NO 8-1987 FROM RAPID OIL CHANGE AND CONSIDERATION OF CHAt�GE ORDER NQ 3 FOR STREET IMPRWEMENT PRO�CT ST 1987-1 : Mr. Fiora, Public Works Director, stated he would suggest this item be tabled as it is associated With the Rapid Oil Q1an8e development and other related items were tabled to the next Couneil meeting. MOTION by Councilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17 . RESOLUTION NO 69-1987 CONFIRMING ASSESSMENT FOR 1987 SER� ICE CONNECTIONS : MOTION by Councilman Schneider to adopt Resolution No. 69-1987. Seconded by Councilman Goodspeed. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RECEIVING PETITION #9-1987 DATED SEPTENIDER 1�� 1987 FROM MAXWELL GRAPHIGS: AND -21- COIINCIL I�ETING OF SEPTEMBER 1�4, 1987 RESOLUTION NO 70-1987 ORDERING IMPROVEMENT�AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF C06TS THEREOF: WATER, SA_NITARY AND STORM .... ...... .. ...... .,......, .. r ., _ MOTION by Councilman Schneider to receive Petition #9-'l987 from Maxwell Graphics. Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Couricilman Fitzpatrick to adopt Resolution No. 70-1987. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO 71-1987 ORDERING IMPRWEMENT, APPRWAL OF PLANS AND ORDERING ATNERTISEMENT FOR BIDS • WATER, SANITARY AND STORM SEWER PROJECT �169 : MOTION by Couneilman Fitzpatrick to adopt Resolution No. 71-1987. Seconded by Councilman Goodspeed, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. 20. RESOLUTION NO 72 1987 REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL THE WATERLINE UNDER I-69�4: Mr. Flora, Public Works Director, stated the Minnesota Department of Transportation has been requested to install the xaterline under I-694 in cor�junetion with the Burl ington Northern Rail road bridge crossing to be constructed next year. He stated the City would reimburse the Transportation Department for the cost of this watermain construction. MOTION by Couneilman Fitzpatrick to adopt Resolution No. 72-1987. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 21. CLAIN6: MOTION by Councilman Schneider to authorize payment oi Claims No. 16185 through 16510. Seeonded by Couneilw�an Jorgenson. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22 . LICEIISES • MOTION by Councilman Fitzpatriek to approve the licenses as submitted and as on file in the Lioense Clerk's Office. Seconded by Councilman Goodspeed. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23 . ES TIMATFS • MOTION by Couneilman Schneider to approve the estimates as submitted: Herrick & Newman, P.A. 6�F01 IIniversity Avenue N.E. Suite 205 Fridley, IdII�t 55�32 -22- COUNCIL MEETII�G OF SEPTEI�ER 14, 1987 For Services Rendered as Citq Attornep for the Month of August, 1987 • • • • • • • • • • . • $ 1,0�6.25 Allied Blacktop Company 10503 - 89th Ave., N. Maple Grove, NIId 55369 Street Improvement Projeet ST. 1987 - 10 (Sealcoat) FINAL ESTIMAIE . . . . . . . . . . . . . . . . . . . . $60, 842.25 Custom Turf 298 (�ester Street St. Paul, N4d 55107 Creek Ridge Park Irrigation Pro3ect #177 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . $ 6,740.00 Enebak Construetion P. 0. Box 45 8 Northfield, 1�IlV 55057 Demolition and Site Grading Project No. 163 Estimate No. 7 . . . . . . . . • . . . . . . . . . . . $115, 524.62 Hal vorson �22? - 165th Ave., N.E. Anoka, 1�IlJ 5530�1 Miscellaneous Concrete Curb & Gutter - 1987 Estimate No. 6 . . . . . . . . . . . . . . . . . . . . $ 1,793 •79 Northwest Asphal t ��5� co. aa. #a9 Shakopee, NIId 55375 Street Improvement Project No. ST. 1987 - 1 Estimate No. 5 . . . . . . . . . . . . . . . . . . . . $ 6, 365 .95 Park Construetion ?900 Beech Street Fridley, I�AT 55432 Water & Sanitary Sewer Project �162 Estimate No. 6 . . . . . . . . . . . . . . . . . . . . $12, 508.65 Subterranean Engineering 6875 HiBhway 65, N.E. Fridley, t�t 55�32 Demolitioa & Site Grading Project #163 Partial Estimate . . . . . . . . . . . . . . . . . . . � 5, 89u .55 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. CONSIDERATION OF CHAIaGE ORDER NO 3. LANASCAPING. IRRIGATION AND LIGHTING -23- COUNCIL NEETING OF SEPTEt�'�$R 14, 1987 PROJECT ;�168 FOR MINNESOTA VALLEY LAND6CAPE, INC.: Mr. Robertson, Community Development Director, stated this change order is for a decrease in the project cost of $�3,219•50. He stated the HRA approved the ehange order and Council approval is required before it can be impl eme nte d. MOTION by Councilman Sehneider to approve Change Order No. 3 for landseaping, irrigation and lighting project �168 with Minnesota Valley Landscape, Ine. for a deerease of $u3,219.50 in the amount of the project. Seconded by Councilman Goodspeed. IIpon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. CONSIDERATION OF CHANGE ORDER N0. 2 WATER AND SANITARY SEWER PROJECT �162 FOR PARK CONSTRUCTION: Mr. Robertson, Community Development Direetor, stated Park Construction has incurred some extra costs due to the delay in installiag the water and sanitary sewer for this projeet. MOTION by Councilw�an Jorgenson to approve Change Order No. 2, water and sanitary sewer project #162 with Park Construct3on for an increase of $5, 820 in the amount of the project. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNI�NT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deeZared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 14, 1987 adjourned at 12:20 a.m. Respectfully submitted, Carole Had@ad William J. Nee Secretary to the City Council Mayor Approved: -2�4- ••. r � � • AN Q2DINANCE U1�DIIZ SDCTION 12.07 OF THE CITY CHARTER 2t� Vp,CATE S�EEi5 ArID At,L,EYS AND � AI�iD APPENDIX C OF THE QTY �DE �e City Co�cil of the City of FridlEy does hereby ordain as follaws: SDCTION 1. Fbr �e vacation of an alley described as follows: Vacate the west 1/2 � the alley in Block 5, Hyc7�e Park, lying North of the South line o� Lot 22 extended Easterly and South of the North line of Lot 30 extended Easterly. A11 lying East of and adjoining Lots 22-30, Block 5, Fiyde Park, generally located between 61st Avenue and 60th Avenue and between 3rd Street and University Avenue. � All lyinq in the North Half of Section 12, �30, R-24, City of Fridley, Co�mty of Ar�aka, Miruyesota. Be and is hereby vacated subject to stipulations acbpted at City Co�cil meeting of Sentember 14, 1987 . SDCPION 2 �e said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendi x C of the Ci ty Code shall be so a¢nended. PASSID AI�ID ADOPPED BY THE QTY �IJNQL OF THE CLTY OF FR IDL EY TH IS D�1Y OF , 1987. WILLIAM J. NEE - Ng1Y�R A'ITFST: 33IRLEY A. 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L #� i � . � � '��, � � K• � �. r � �c . )j � :) , , :, . { ie. ►• ,; ► � 1 ►1 ST I PI�AT IqVS 1, A UTILITY EASEMENT TO BE RETAINED OVER THE ENTIRE PORTION OF VACATED Al_.LEY. 2. G�GE CANSTRUCT I ON QOM' I NGEtYT UPON LETTERS FROM ALL UT 1 L l TY COMPAN I ES Al1.GWING A SPECIFIED DISTANCE OF ENCROACHMENT INTO RETAINED UTILITY EASEMENT. 3. GARAGE CONSTRUCTI ON �NTI NCENT I�ON PASSAGE OF A RESOLUT I ON BY COUNC i L AUTHOR I Z i NG A SPEC I F I ED D! STAIVCE OF ENCR(3ACk-MENT I NTO RETA! f�ED EASEMENtT. 4, PETI Tl ONER TO ESCRC�ni FIAVDS W I TH PUBL I C WORKS DEPARTMENT SUFF I C 1 ENT TO COVER CURB WORK FCR PROPOSED CURB CUT ON 3RD STREET. 5. 0.MPSTER TO BE FI,LLY SCREENED. 1B 1C � CtTYOF FRtDLEY CI�'IC CENTER • 6-i31 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 5543? • PHONE (612) i71-i.�SO September 22, 1987 Wayne Johnson 11610 - 53rd Avenue North Minneapolis, MJ 55442 RE: Proposed Al1Ey Vacatioc� Dear Mr. Johnsc�n: On September 14, 1987 the City Council appraved a first reading of an Ordinanoe for vacation of the westerly half of the alley adjacent to your property at 6051 - 3rd Street N.E. 7t�e vacation of only the westerly half of the alley was a change fram the original intent to vacate the whole alley. Zhis is c3ue to the City Attorney's oonoern that upon vacation, the easterly half would go to the abutting awner which is the Minnesota Department of Transportation. In order to preclude this, the City is retaining the easterly half while the westerly half will go to the abutting property aaner. An easement far utilities is being retaired over the entire alley. In order for you to construct a garage within the westerly half of the vacated alley, it would be necessary for you to obtain the following apprwals: 1. A letter frcxn a11 the utility companies allowing a specific amount of encroad�ment ir�to the retained easement. 2. A motion from City Co�mcil authorizing encraachment into the retained ease�n�t. 3. A variance processed through the Appeals Commission allowing for a setback waiver fran 5 feet f rocn the center 1 ine of the all ey to some other distance which you may desire. Wayne Jahnson Se�tember 22, 1987 Page 2 It would be ir�ppropriate to �nstruct the garage, including roof aver hang, anywhere beyond the oenterlire of the alley. Constructing a structure which is not totally on your property would create problems in terms of encroac�rnent and title proUlens. 7�e City Co�mcil is scheduled to pass the final reading of the ordinance on September 28, 1987. It would be advisab�le for you to attend this meeting and request the Council to authorize the encroachment into the easement contingent upon approval fram all utility oompanies. I am enclosing a varianoe appl ication form should you decide to petition for the setback variance. It would be neoessary to fill this out and file it with the City. Se�tember 25, 1987 is the next deadline, for the October 13, 1987 Appeals meeting. Should you decide to file for this meeting date, this item oould cp to the City Council on November 9, 1987 for approval. The variance application fee is 5100. �is must be sulmitted at the time o� application. If you have any questions glease feel free to call. Sinoer ely, Jaunes L. Robinson Planning Coordinator JLR/c�m F�c1. C-87-464 � 1D 2 �L_ CITY OF FRIDLEY APPEALS CO1�QIISSIQN MEETZI�IG, JUI.Y 14, 1987 GALL TO ORDER• Chairperson Betzold called the July 14, 1987, Appeals Commission order at 7:30 p.m. ROLL CALL• Members Present: Donald Betzold, Diane Savage, Jerry •Barna and Kenneth Vos Members Abser.t: None , Alex ing to Others Pcesent: Darrel Clark, City of Fridley Arthur Edwards, Lamaur, Inc , Fridley David Hunt, Opus Corp., 9 0 Bren Road E., Minnetonka Tony Heppelmann, BRW, I., 700 3rd Street So., Mpls. . Mark Gilbertson, Rapi Oil Change, 3041 4th Ave. So., Mpls. Dennis Trisler, Rap' Oil Change, 3041 4th Ave. So., Mpls. A PPROVAL OF Mr. Sherek requested the word changed to "line of sight" j e ites" on Page 4, paragraph 1, line 4 be t�. Betzold stated in r ard to the variance request by Thomas and Joanne Elwell, I�. Welch had laced a note on his door indicating he objected to this variance. . Betzold stated he was out of town and did not find this note until h' return on June 26, after the Appeals Commission meeting, and approval of he variance. I�k. Betzold stated he contacted 1�. Welch and his conce was overbuilding in Heather Hills. Mr. Betzold stated he advised I�tr. elch there was nothing he could do at this point. MOTIO�A'fft. BARIVA, SECONDED BY MR. SHEREK, TO APPROVE THE JUNE 23, 1987, APPEA COrQ1ISSION MINUTES AS AMEI3DED. A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION IED UNriNIT10USLY. 1. CONSIDERATION OF VARIANCE REQUESTS VAR 4�87-24 BY RAPID OIL CHANGE. PURSUANT TO CHAPTER 205 17.03 A, 1, OF THE FRIDLEY CITY CODE, TO REDUCE THE MINIPfUM ALLCIWABLE LOT AREA FOR ONE MP►IN BUILDING FROM 0.75 ACRES TO 0 54 ACRES• AND, PURSUANT TO CNA PTER 205.17_.03, D� 2b, OF THE FRIDLEY CITY CODE TO REDllCE THE SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER LOT FROM 35 FEET TO 12 FEET ON THE EAST AND FROM 35 FEET TO 28 FEET ON THE WEST; AND, PURSUANT TO CHAPTER 205.17.5, D, 4c, OF THE FRIDLEY CITY CODE TO REDUCE THE DISTANCE THAT THE EDGE OF THE CURB OPENING M�1Y BE FROM A STREET RI(�iT-OF-WAY INTERSECTION FROM 75 FEET TO 19 FEET ON TAE NORTH AND FROM 75 FEET TO 35 FEET ON THE_ SOUTHEAST; AND, PURSUANT TO CHAPTER 205.17.5 D 5a OF THE FRIDLEY CITY CODE TO REDUCE 2A �PPEa1,S CO��tISSION P�ETI:�G. JULY 14, 1987 PaGE 2 TNE P�RI�I?�G AA'D H.aRD SURFACE SET&1CK FROM A STREET RIGNT-OF-WAY fi:v:•� 2U FEET TO 15 FEET ON THE SOUTH. FRO`t 20 FEET TO 12 FEET ON Tf!E �:�ST arD FRO"1 20 FEET TO 10 FEET ON THE WEST TO ALLOW THE C(�':STRLTCTI01 OF r1IC �►Ui0'�IOBILE SERVICE STATI01 ON LOTS 1 AND 2, Y1 �Ch 2, CEI�TRAL VIEW ri�rOR. THE S�t� BEIhG 7315 HI(�iWAY 65,i r h IDLEY , r1I1'tiESOT� 55432: � ,�pTIOti BY MS. SAVAGE, SECOKDED BY I�dt. &1RNA, TO OPEN THE PUBLIC HEARING. L'PO\ A �'OICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PCB',IC NEARING OPEN AT 7:35 p.m. Ct�airperson Betzold read the Administrative Staff Report: AD�lINISTRATIVE STAFF REPORT 7 31 S H IQiWAY 65 vaR �f87-24 A. PI;BLIC PURPOSE SERVED BY REQUIREr1ENT : Sc�ction 205.17.03, A, 1, requites a lot area of not less than .75 acres for one rr�in building on plats tecorded before January 1, 1983. The public purpose served by this requirement is to provide for adeqt�ate parking, open landscaped areas, and to limit congestion of industrial areas. S�•ction 205.17.3, D, 2b, requires two side yards, each with a width of not less tiian fifteen feet except: where a side yard abuts a street of a corner lot, the side yard requirement increases to a minimu:n of 35 feet. Public purpose served by this requirement is to provide adequate op�n space areas around industrial structures for aesthetic and firc figtiting purposes. S�ction 205.17.5, D, 4c, requires that the edge of the driveway curb opening shall not be closer to the nearest portion of a str�ct rigt�[-of-way intersection than 75 feet ar 2/3 of the lot width� wt�ichever is scnaller. Sec[ion 205.16.5. D, 5a, requires that all parking and hard surface areas shall be no closer ihan 20 feet from any street right-of-way. Public purpose served by these requirements is to reduce visual pollucion and to separate parking with landscaped areas. B. STA?EU ii�RDSHIP: 1. The gross lot size of the site in question is 0.54 acres. Zoning requires 0.75 8cres. The site is entirely landlocked t � C�`� APPFALS COMMISSION MEETING JULY 14 1987 PAGE 3 so no further land acquisition is possible. At present the eastern 33 feet and southern 33 feet of the lot are dedicated for the existing road easements. 2. Due to the easement of 33 feet on the east side of the lot, we are only able to achieve a 12 foot building on the east and a 28 foot setback on the west rather than the required 35 foot� building setback. 3. Presently there are curb cuts located at the north end (73-1/2 Avenue) and south end (73rd Avenue) of the site. We propose to: A. Relocate the north end curb cut further east (away from Highway 65) and narrow it down to 22 feet. This would sezve one way traffic exiting the site. B. Close the south end (73rd Avenue) curb cut and driveway and install green space in its place. C. Install a new curb cut and driveway on the east end start- ing approximately 35 feet north of the south lot corner (see site plan). 4. Again, due to the 33 foot street easement on the east side of the property, we are only able to achieve a 12 foot paving/ hard surfaces setback on the east, a 15 foot setback on the south, and a 10 foot setback on the west rather than the required 20 feet. C. ADriINISTRATIVE STAFF REVIEW: Rapid Oil has designed a site plan which provides a reasonable solution to the redevelopment of a non-conforming site. The proposal is to remove the existing building and reconstruct a four bay brick facade service station with nine parking stalls and ample landscaping. In conjunction with the proposal a special use permit for an auto- motive service station in M-1 and a petition to vacate the 66 foot right-of-way (73-1/2 Avenue) north of the property are also being processed. Approval of the special use permit and variances are necessary before construction. The vacation is not essential prior to construction provided that one additional variance, building setback (from 73-1/2 Avenue) from 35 feet to 21 feet, is approved. Rapid Oil's desire is to open for business in September, which precludes waiting for completion of the vacation prior to con- struction. Therefore, the additional variance will be heard at the July 28 Appeals meeting. Stipulations for building and site quality will be discussed with the special use permit. 2C APPEAiS C4"L`fISSION MEETIIJG NLY 14 1987 PAGE 4 I�. Clark stated these variances are for property located at Highway 65 and 73rd Avenue. He stated a number of variances are requested regarding the lot area, side yard setbacks, curb opening distances, and parking and hard sucface setbacks. Mr. Clark stated in conjunction with this variance request, a..- . special use permit has been filed and a petition to vacate the 66 foot right-of-way (73-1/2 Avenue) north of the property. Ae stated if, and when, 73-1!2 Avenue is vacated, this property line would move north to the center of 73-1/2 Avenue and the additional variance, to be heard at the July 28 Appeals Co�nission mecting, would not be necessary. He stated this variance would provide a building setback from 73-1/2 Avenue from 35 feeC to 21 feet, if i[ is necessary and the vacation is not approved. Mr. Clark stated there is a plot plan before the Commission and the petitioner has building plans for the Commission's review. He stated the intended use of this site is for a Rapid�0f1 Change facility with four bays. Ne stated no gasoline would be dispensed at this site. A'�. Clark stated the lot is not buildable without any variances and felt Rapid Oil's facility provides a reasonable solution to the redevelopment of a non-conforming site. rfr. Mark Gilbertson, representing Rapid Oil Change, stated the pro- posed site plan takes into consideration the vacation of 73-1/2 Avenue. He presented another site plan which rearranges the parking and conforms with the variances requested this evening. Mr. Gilbertson presented photos of their proposed building. I�. Srerek asked if the Rapid Oil facilities were company owned or franchised. l�k. Gilbertson stated they were all company owned. r�. Gilbertson stated Rapid Oil Change caters to a fast lube and oil change and no gasoline is sold at this site. p�. Barna asked the number of cars serviced per day. Mr. Gilbertson stated abou[ 40 to 50 cars a day and they are open from 8 a. m. to 6 p.m. six days a week. He stated vehicles would enter on 73rd Avenue and proceed to the servicing bays and exit to the north. Mr. Gilbertson stated there would be no vehicles parked overnight in the parking lot. He stated they wished to serve [he customers as a drive-through service and they really nevez have to get out of their cars. Mr. Betzold asked if the parking provided meets the code requirements and P'h. Clark answered in the affirmative. 1�. Barna questioned what type of signage wauld be provided for this faciliCy and if the existing base would be used. Mr. Gilbertson presented the signage plan and stated a b x 10 foot pylon sign would be used, however, he was not sure if they could use the existing base. He stated it depends on where it is loca[ed. 2D APPEr�IS COI`tMISSI013 r]EETING. .NLY 14 1987_ _ ___ PAGE S MrJTION BY 1�Ht. VOS, SECONDED BY MS. SAVAt�, TO CLOSE THE PUBLIC HEtiRING. UPON A VOICE VOTE, ALL VOTING AYE, CHAZRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 7:58 p.m. I�. Vos stated he lives in the neighborhood and anything that can . be done on this corner would be an improvement. He stated there isn't any way to build without variances and felt it was a hardship. ' I�h. Barna felt this would be a great improvement over businesses that occupied this corner in the past. He stated the lot would be un- buildable without the variances and, therefore, he would have no objections. Ms. Sherek stated the site is certainly an eyesore now and is thrilled with these plans. She stated she felt �he landscaping being provided would make it an attractive site. Mr. Betzold felt the choice was to either have nothing on the Lot or grant variances. He felt the building would complimenC the neighbor- hood and hoped this business would be there for a while. rfOTI013 BY l�t. VOS, SECONDED BY MS. SAVAGE, TO RECOr�1END TO CITY COUNCIL APPROVAL OF VARIANCE REQUEST, VAR 4k87-24, BY RAPID OIL CHANGE TO REDUCE THE MINIMt1M ALLOWABLE LOT AREA FOR ONE MAIN BUILDING FROP4 0.75 �CRES TO 0.54 ACRES; TO REDUCE THE SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER LOT FROM 35 FEET TO 12 FEET ON THE EAST AND FROM 35 FEET TO 28 FEET ON THE WEST; TO REDUCE THE DISTANCE THAT THE ED(� OF THE CURB OPENING Mi�Y BE FROM A STREET RIGHT-OF-WAY INTER- SECTION FROM 75 FEET TO 19 FEET ON Tf� NORTH AND FROM 75 FEET TO 35 FEET ON THE SOUTHEAST; AND TO REDUCE THE PARKING AND HARD SURFACE SETBACK FROM A STREET RIQiT-OF-WAY FROM 20 FEET TO 15 FEET ON THE SOUTH, FROM 20 FEET TO 12 FEET ON THE EAST, AND FROM 20 FEET TO 10 FEET ON THE WEST, TO ALLOW CONSTRUCTION OF AN AUTOMO�?LE SERVICE STATION ON LOTS 1 AND 2, BL:OCK 2, CENTRAL VIEW MANOR, THE SAME BEING 7315 HIGHWAY 65 N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD'DECLARED.THE' MOTION CARRIED UNANIMOUSLY. Nr. Clark stated if the Commission wished to make a recommendation on the variance which wasn't advertised for this meeting, it is possible it could be heard at the City Council meeting. Re stated the variance would provide a building setback from 73-1/2 Avenue from 35 feet to 21 feet, if the vacation of 73-1/2 Avenue is not approved. MOTION BY 1�IIt. VOS, SECONDED BY l�t. BARNA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A VARIANCE TO REDUCE THE BUILDING SETBACK FROM 73-1/2 AVENUE FROM 35 FEET TO 21 FEET. UPON A VOICE VOTE, ALL VOTING AYE, CBAIRFERSON BETZOLD DECLARED Tii£ M(7TION CARRIED UNANIMOUSLY. 2E APPE�LS CO?��SSION MEETIrG, JULY 14_, 1987 • P�C�_ 6 ...�.,.._. - - The Cor.uaission members wanted the Council to be advised that this variance to the building setback from 73-1/2 Avenue wasn�t� published. Staff is to check to determine if the public hearing, - in conjunction with the vacation request, could be held at the City Council meeting. The Commission noted this variance would be m�oot, if the vacation request is approved. _- .. Mr. Betzold advised this item would be on the City Council's agenda for ' August 3, 1987. 2. �O�SIDERATIOr OF VA_R_IANCE_ REQUESTS. VAR__�87- NLL '+'�BLE P�RKIrG STaLL WIDTH FROri LO FEET TO 9 FEET• AATD PURSU 'T TO , CH� 205.17.5 D Sa OF THE FRIDLEY CITY CODE TO REDUCE H�1RD SL?ItF�C� ;SET&�CK FRO*i A STREET RIGNT-OF-�.'�Y FRO�i 20 FEET TO 8 'ET TO �LI.Otd TH :• CO?�STRUCTION OF AN aDDITION�L PaRI�ING LOT ON Pt\ OF LOT 13 AI�D LOT 14 .AUDITOR'S SUBDIVISIOh TO 78 THE sar� BEIrG O1 EAST RI�'ER RO:�D, 1�tIDLEY,, riIh'I�SOTA 55432: MOTION BY r�t. VO�, SECONDED $Y 1�L. SHEREK, TO OPEN T PUBLIC HEARING. UPON A VOICE VOTE, �LL VOTING AYE, CHe�►IRPERSON B ZOLD DECIr'1RED THE YUBLIC HEARING OPEI3 A�T 8:05 p.m. Ciiairperson Betzold rea�•,the Administrative taff Report: ADrIINISTit�dTIVE STAFF PORT 5601 EAS1"�tNER R N.E. VAR �87-2 A. PUBLIC PURPOSE SERVED BY REQiJ�r�NT: Section 205.03.SS,require a 10 fot�t wide by 20 foot long a=ea to store one automobile, wh' h has acce�ss to a public street or alley and permits ingress an egress of an �tomobile. Where �a parking stall abuts a curb o sidewalk the leng� may be reduced to 18 feet. Public purpose ,q�rved by this requirement is �o provide adequate room between �rge vehicles. Section 20 .17.5, D, Sa, requires that all parkin� and hard surface areas be o closer than 20 feet from any street rigA,�-of-way. Publi purpose served by this requirement is to limit v'�sual enc achment and avoid congestion. B. �`fATED H.�RDSHIP: � We are unable to meet the code required parking. We Wish to al�sa 9 foot by 20 foot stalls to preserve as much landscaping as �� possible. An excessive amount of property was consumed by the ,". right-of-way. � 23 � � � • �� t O 2 y � Q ?� _� � t� . _ ' Y 2 �' � •. w a �- � � �so i ----- � ,. - ._, ,, .� . LLT If/13/7� �.:.� JL'J %✓ �/♦/. 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Y_ � ,� i ; 5j W ./ �o' ��.o' _ � � Iq • b �EW at Y� ►., Prr \ '�//• ' �•'2 %� -° • '� � -- j� ='a1 �� _ __ � I' � ` . � , wa�y Q G / � � � �'"� T � N � �` ,� 2 ' � � �' �l 35r : � T- / �' �G�' � v'� i, .v� � ��.o' 7.0' � `� �riG a�l � E � � j' � I ' � — .� � � � � ; i7.,�� _ � I 2 i, i: �� ` p. ��.s 1',.! i I. . i � '� ( � + � \l j L `" `� ; � _' _' ' r � � �. � �,� . i r� �� 1'� � � ( � � � �`„ � , � �% I � � ,— �� .,� ;� � �� - ro . � � � � � - � . f �� - � vl � � � � I� � � „I� ;� 3 �t- I � � L_- i"�v� � / ( i �o, � — � �� = 3 I 5 G 7 �� y � 2�r( t � � � i2� -� '� i �' �' j � � `� � � • � � �D � I � I� �/ o iZ.o' 1 l � � � N�,,, �. �� .n � � o o � � � i �,� 5�1� \ 'j� GM� . � ' - -- - - O . � � I�t (I �r� tt� 4F . � J ^ — ' � I `\` � % i , --�' � �� ia�v ��87a�� y�°�2'�5'�--- � "� �� . _.. 73""� �tvc,NUE rJ. c. --b MFi• ��T� �ar+c Nt� � • � �a� � � i • � 7.0' �✓.f, Pf n ~�` �� s�� % •3�AG �..o[ �Gci ��a�;p.rf� ,-t ; 2H VpR �i1-24 W�D VpR �7 2b �� STlFLLATlC�VS 1. �VELOPER AGREES TO GOVENANT. AS A OOI�ITION OF VARIANCE APPRCNALS, 1}iAT THE PROPOSED DEVELOPMENT WILL BE UTILIZED AS A RAPID OIL 41ANGE FACILiTY: ANY FUTURE REUSE CF 1HE STRUCTI�tE FCR USES OTHER THAN iHAT 0�1PARABLE TO A RAF' I D 01 � Q-IANC� W I LL BE SUBJECT TO COIXVC I L APPRONAL. 2. �VElOPER W ILL FURTHER COVENANT THAT THE S I TE W ILL BE DEVELOPED AND MAI NTAI I�D CONS I STENT W I TH APPROVED PLANS AND SPEC! AL USE PERM I T ST I PILAT I ONS, 3. THE RESTRICTIVE C01/ENANT REFERRED TO ABOVE WILL BE ExECUTED AND FILED AT THE COINVTY PR I OR TO A BU I LD I NG PERM I T BE I NG I SSI�D. TO: FROM: DATE: Engineering Sewer Water Parks Streets Maintenancc MEMORANDUM Nasim Qureshi, City Manager Mark L. Burch, Asst. Public Warks Director Sept�nber 24, 198? SUBJECT: Street Right-of way and Traffic Voltmies in th�e Area of 73rd Ave., 73 1/2 Ave. & Highway 65. PW87-318 With the proposal of Rapid Oil Change to redevielop the site oaz the northeast carner of Highway 65 and 73rd Ave. , we tr�ve revie�d the right-of-r,�ray needs and traffic wlim�es in this area. Our recatmendations are as follaas: 1. The City obtain a 20-foot easeirent al�ng 73rd Ave. fro�n Rapid Oil Change tA provide for future widening a�nd lane additions t,� the 73rd Ave.-Highway 65 intersectiaaz. 2. 'T'he sec,�r�nt of 73 �/2 Av�e . fran the servioe drive t�o Highc�,ray 65 resnain cypen to traffic until the servioe driv� can be ext�er�ded to the north to connect wi�h Fireside Drivie. 3. That Rapi.d Oil Change revise the grading plan to lc�w�er the elevation of the sit�e by approacimately 1 foot t,o decrease the steep slopes along the servioe drive. Traffic volunes in this area are: 1. Servive Drive 2. 73 1/2 Ave. west of sezvice drive 3. 73 1/2 Ave. east of servioe drive MGB/ts 404 VPD 815 VPD 913 VPD ( I i .� • C`� 3A CITY OF FRIDLEY PLAt+tdING COMMISSION MEETING, JULY 22, 1987 rp� 1 T(1 �AI;�S�• C:�airperson 6illings called the July 22, 1987, Planning Commission m ting to order a� 7:32 p.m. ROLL CALL: �-1e��ers Fr�:sFnt: Steve Billings, Oave Kondrick, Sue She k, Donald Betzold, Richard Svanda Mer��ers Absent: Dean Saba Otl�ers Present: Jim Robinson, Planning C� inator Jock Robertson, Communi Oevelopment Director Mark Gilbertson, Rapi Oil Change Jane Schrader, 271 edicine Ridge Rd., Plymouth Alvan Schrader, .L.S. Properties, Crystal John Grossman obert Boblett Assoc. David Henri on, 6031 3rd St. N.E. Margaret eed, 6017 3rd St. N.E. 1Jayne nson, 6051 3rd St. N.E. Den ' Trisler, 3041 - 4th Ave. N.E., �4pls. APPROVA� OF JU�'8, 1987, PLANNING COP4MISSIOtJ MINUTES: 7 MC%T�C.ti' BY .. KO"TDRICK, SECONDED BY MS. SHEREK, TO APPROVE THE JULY 8� 1987, PiA:d:d��V �uM.1dI�SIiiN tfINU'lES AS WRITTEN. UP9l0 P. L'OICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED TXE MOTION 2�RRIED U.VANC.M�USLY. 1. PUBLIC HEr1RIt�G: CO��SIDERATIOtJ OF A SPECIAL USE PERMIT, SP #87-14, BY RAPI� GIL CHAf�GE: . r�gr Section �05.17.1, C, 1, of the Fridley City Code ta allow an automobile service station on Lots 1 and 2, Block 2, Central View Manor, the same being 7315 Highway 65 N.E. MOi TON BY .MR. Kt71VDRICK, SECONDED BY 1NS. SHEREK, TO OPEN THE PUBLIC HEARINCs. UPQN A VOiCE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLFC tiEARING UPEN AT 7:37 P.M. Mr. Robinson stated the proposal was for property which was now the site of the vacant gas station north of 73rd Ave. and south of 73� Ave, east of Highway 65. The proposal was for a special use permit for an automotive service facility. In conjunction with this proposal, there were two other subnittals--one for variances that were being processed through the Appeals Camnission and one for a vacation of 73� Ave., ust north of the property (the vacatio� was the second item on the agenda�. 3B PLA��NIt�G COt4t•tISSIO�� MEETIPJG, JULY 22; 1987 PAGE 2 Mr. Robinson stated the lot size without the vacation was .54 acres. The Zoning Code requires .75 acres. 7he var2ances being applied for were the reduction in acreage, curb cuts for the property that would be located too close to the intersections, building setbacks on the north and east and west of the property, and a hard surface setbacks. . Mr. Robinson stated the property was zoned t4-1, light industrial, and required a special use permit. There was some commercial property to the north and east which was vacant, and there some people at the meeting representing the developer of that property. Mr. Robinson stated the proposal was to place a 1,700 sq, ft, service facility on the site. There would be nine parking stalls, one handicapped, in addition to four service bays within the building. It was standard procedure to include the inside service bays as part of the parking requirement. He stated Staff has worked diligently with the petitioner, represented by Mark Gilbertson, to come up with a site plan and improvement program which includes landscaping, berming, automatic sprinkling, as well as specific elevation and facade refinements. �4r. Robinson stated item #2 on the agenda was the vacation request. He stated if the vacation was successful, the City would propose to provide a driveway opening onto the serv�ice road. Viron Road presently did not ext�r.u�,completely north. It was blocked by the trailer court south of Fireside ['rive, and the City has been pursuing easements in that area but have been unsecsessful at this time. Mr. Billings stated that if it was not out of order, he would like to receive the information on the vacation request at this time also so the Corr�missioners would have all the information before making any decisions. Mr. Robinson stated he would agree with t4r. Billings' suggestion. �4r. Robinson stated the vacation was for an area just north of the proposed site which was 73? Ave.,north of Lot 1 and part of Lot 2. Presently, there were two scenarios. The petitioner has applied for a variance for the building setback from the right-of-way so the petitioner can start construction prior to finishing the lengthy vacation process. So, with the approval of the special use permit (plus the pending variances), the petitioner could build with the driveway coming straight out. ��hen the vacation was finally approved, the street woUld be removed, the driveway rerouted, and the green area restored. Mr. Robinson stated it was Staff's recommendation to continue the serviEe road north through the trailer court to connect to the new Viron Road; however, they are having difficulty in acquiring the easement to do that. Mr. Robinson s��ted that.closing 73 1/2 Avenue was consistent with MnDOT's'plans for the are� wf�ich limits access onto Highway 65 and also includes the alteration of the �ireside Drive intersection. 3C PLAWIJIi�G CO'4�1ISSIGN MEETIP�G, JULY 22, 1987 PAGE 3 Mr. Robinson stated Staff was recommending the following stipulations: 1. Special use permit, SP #87-14, contingent upon approval of all variances for development by Council. 2. Petitioner to provide a storm drainage plan and receive approval from Public Works prior to building permit. 3. Building facade to be constructed with face brick as depicted in elevations received by City on June 15, 1987. � 4. All doors,metal trim, and window framing to be painted or color clad to compliment building facade. Color treatment to be approved by City Staff prior to building permit. 5. Landscaping to be installed as depicted in plan proposed by City Staff, dated July 22, 1987, including vacated street portion if vacation is approved. 6. Automatic lawn irrigation to be installed for all green areas, including vacated street portion if vacation is approved. 7. Petitioner agrees to provide an additional seven (7) foot street easement over the east seven feet of the west 27 feet of Lot 2, 61ock 2, Central View �4anor, prior to building permit. 8. Petitioner agrees to submit letter (to City) petitioning for widening of service road (to east) to 36 foot.width and agreeing to assessment for all costs associated with said widening prior to building permit. 9. Petitioner to combine tax parcels into one prior to building permit. 10. A brick dumpster enclosure with opaque gate to be constructed along with building. 11. All roof equipment to be screened from view, Details to be approved by Staff. 12, No outside storage of materials or equipment is permitted. 13. A performance bond or letter of credit for $20,000 to cover all improve- ments to be supplted �o City priar to building permit. Mr. f�lark Gilbertson, Rapid Oil Change, stated he has worked with Mr. Robinson for some time on how to work out this site plan in order to get the building on the site. They would like tfl proceed with this site plan for now which showed the building and parking lot worked out without the street being va�ated so they can proceed with construction. Mr. Gilbertson stated right now the site has an abandoned gas station on it, and the property was quite unsightly. He felt they had a good proposal that would really enhance the area with good landscaping. 3D P�A��";I�!G C0��11�ISSIOP� t1EE['ItJG, JULY 22, 1987 PAGE 4 Mr. Gilbertson stated to save some congested problems, they have rerouted the traffic off 73rd Ave., moved it on the back street in order to get the r�jority of the traffic away from the intersection, exited out onto 73� Ave., etc., witn the possibility of dumping it back onto the service road if the vacation was approved. PSr. G;lbertson stated this was the first time he had seen all the stipulatians in writing. He had discussed with the City the taking of the additional 1 ft. of property off the east side of the site. With the already 33 ft, easement a�ong *he east and along the south edge of the property, it really limited their land area. Ne did not foresee any.problems with the 7 ft. easement, but he �,►ould like to ask that the assessment for the widening of the service road be split among all the developers along there. The additional traffic carried on this road ��►as going to be increased because the City v�ants to vacate 73'2 Ave. Their store itself will only generate about 40 additional cars per day. The service road presently is substandard; hence the request for the additional 7 ft. They do not feel their store was going to create that much of a traffic problem on this back road at this point prior to the vacation of 732 Ave. Once 732 Ave. was vacated, that would become more of a connecting street. �4r. Gilbertson stated the stipulations he had a problem with were stipulations #7 and #8. His primary concern was the cost of the road improvements along the service road. Mr. Robinson stated Staff felt Rapid Oil was the primary petitioner and business abutting this service road that would benefit from the widening of the road. Mr. Billings asked how many cars were exiting out 73'2 Ave. right now. Bi Mr. Robinson stated he did not know. Ms. Sherek stated that in the morning around 6:45, she waits in line to exit onto 73 z P.ve. to the north. Seventy-thi rd and one-hal f Ave, cor�es off Ol d Central, and people can bypass 73rd and the light and make a right turn. She felt if the cars traveling on 73z cannot exit onto Highway 65, they are going to make a left turn and benefit from Viron Road also. She did not see where the petitioner was the only person benefitting fmm the widening of the service road. The road behind the station was quite substandard now, and she definitely felt other people in the immediate area would benefit from the widening of the road also. Mr. Billings stated they also have to understand that if the vacation is approved, the petitioner will receive the 5,742 sq. ft. of what is now City right-of-way. Ms. Sherek stated the petitioner would almost have a legal lot if he received the entire vacation. At this point without the vacati�on, the petitioner was requesting multiple variances in order to use a substandard piece of property. She felt it was the usua9 position of both Staff and the Planning Commission _ _ 3E pL,�;�l";rr;r COMw?ISSION t�tEETIPlG, JULY 22, 1987 PAGE 5 that if a situation can be worked out whereby the petitioner has a iegai standard sized lot, that was preferred over granting multiple variances for a ;u�standard lot. t4r. Gilbertson stated that right now the lot was an eyesore. They want to �e able to have a building constructed by September and improve the site. The vacation process can conceivably be a lengthy process which means the site would sit as it for quite a while if they had to wait for the vacation ap�roval. t�r. Betzold stated the Appeals Commission had tried to accommodate ��r. Gilbertson in recommending approval of the variances beeause it was their understanding that by the time the vacation went through, the variances would be rendered noot. They might have made a different decision if they had known that Mr. Gilbertson was really not interested in the vacation. htr. Gilbertson stated he did rio� have a problem with the vacation. His only contention, again, ►vas the widening of the service road. Mr. Billings stated that at this time, the lot was substandard, but by the City vacating 73� Ave., they were giving enough iand to the petitioner to bring the lot closer into conformance. Theland was being given at no cost to the petitioner, per se, but in exchange for the land, the City was asking the petitioner to pay for the improvement of the street. Even though the petitioner was saying he really did not need the vacation, the Appeals Cormiission recommended approval of the variances because they figured the vacation was coming and the whole package was tied together. �•tr. John Grossman, P.obert Boblett Assoc., stated he was representinq P?�°. A1 Schrader, the owner of the property at 7350 Nighway 65 (Lots 4, 5, and 6, Central View ��anor, Block 1, and Lot 3, Central View P1anor, Second Addition). Ne stated he was also one of the partners of the Professional Ventures �ti�hi c!� owned a parcel of property on the southeest quadrant of Highway 65 and Osborne Rd., 77,000 sq. ft, of all retaii space. Mr. Grossman stated they are very concerned about the vacation of 73� Ave. They were at the meeting to speak both for and against the vacation at the same time. Rather than looking at today, they are encouraging the Planning Cormiission to look to tomorrow. This parcel of retail land was for sale by Mr. Schrader. They feel it is prime retail space. They see many different uses for the land, one of which might be a sit-down restaurant, for example, which could have 100+ stalls of parking and does conform to the ose. They feel the vacation could create a funnel effect. It was going to draw the traffic into a substandard area with a substandard road. I�e stated they are encourag- ing the Planning Commission to act to extend Viron Road all the way through. They feel the vacation should be contingent upon the City's success in extending Viron Road all the way through. Mr. Grossman stated their last figure showed a traffic flow of 27,000 vehicles down Highway 65. It has been their experience with retail use that they would � 3F PLANPJI��G COt•1�1ISSIOP� �4EETIPlG, JULY 22 1987 PAGE 6 get ar� influx of traffic. They think they are trading 2 for 1. They are c�eat�rg ar invitation for a retail user to come into that property, but with the deadend and with the access and egress, it would be extremely difficult for the developer. They could see another use in the back of their�retail area for more retail�which would create the need for additional traffic. If 73'-Z Ave, was vacated, it would limit their access as well, and there needs to be that flow to service the retail. ��r•. Grossman stated f4r. Schrader �r�as also concerned about the tax rar�ifications ar• assessments on his property, which could impede the sale of his property. P?r. Al Schrader, A. L.S. Properties, stated he has or�ned that parcel of property (2'-2 acres) for 12 years. It has been Hart Custom Homes, a mobile home sales lot which closed on July 1. The property is vacated and after 12 years when he was now ready to sell the property for a higher and better use, coincidentally, at the sare time the City was talking about shutting off the road to get to his property. }ie did not want to be in the situation where his road v�as shut off leaving him with a dead end abutting the nobile home park to the north. What he was saying was that if the City was going to vacate 732 Ave, then the City sho��ld give h�m a guarantee of a way to get his traffic out to the north. The vacation and the extension of Viron Road should be timed and put in writing to agree ��i th each other. Otherwi se, he coul d be i n the si tuati on aihere i f the City has to go to conder�nation procedures, or whatever, to get the other property to extend Viron Road, he could sit with his property for 1-2-3 years and not be at,le to sell it. So, he was asking that if�the City was going to vacate 73�-2 Ave., that they should also extend Viron Road. He did not object to closing off 73'-2 Ave. and giving that land to Rapid Oil, but he did object to the City doing it at his expense in not being able to sell his property. t�r. Robinson stated that one reason for the vacation was that the City saw a way of working around a difficult situation with a driveway located in an area wl�ich they considered unsafe. Code says a�+riv�way has to be 75 ft. or 2/3 of the lot width from an intersection and this particular driveway would only be set back 19 feet. At the same time, they would be �ccomolishing the road requir�ement from MnDOT. Mr. Grossman stated P4r. Schrader was also concerned if the vacation did occur, tliat landscaping be proper and not impede on any signage of his property. Mr. Grossman stated ti�ey would encourage the Planning Commission to attach the vacation to the extension of Viron Road and not vacate at this time, but allow Rapid Oil Change to go in. And, then at such time as the City could guarantee the other owners that Viron Road would go through, to widen the road at that time and not invite additional congestion or traffic flow at this time. Mr. Betzold stated he felt it was very dangerous at this tir�e to leave 73� Ave. open, because of the high traffic volume on it. t1r. Billings asked t1r. Robinson if the City had tried.to acquire the property for the extension of Viron Road. 3G t��r��1rG cor�11ISSIUP� MEETI�lG, JULY 22, 1987 PAGE 7 Mr. R�binson stated he has been informed by John Flora, Public tlorks Director, that i�1r. Flora has been working with the property owner for several months d!1� t�le!"? are some stumbling blocks. There is a trailer home on the site occ+a��ed by an elderly couple that would have to be moved in order to provide the ease�rent. Ne stated i�fnDOT has also approached the owner, and the owner is not interested at this time. t1r. Gilbertsan stated they developed the site plan so it would work either wa.;�--i�ith 73Z Ave. open so they can start construction while the vacation is being pracessed, and then if the vacation is approved, they can easily change the plan by rerouting the traffic and installing the additional landscapinq. He would like to request that the Planning Commission look at the special use permit separately from the vacation request. Mr. Betzold stated he felt the special use permit and the vacation went hand in hand. The issue the City Council will have to address was whether or not they �•�ant an,ything at all on that lot, because it is such a small substandard lot. Rapid Oil just happened to be one of the few businesses that could make it work. The City Council also recognizes that the 732 Ave. access to Highv,�ay 65 was probably going to have to be closed. If they decide too much was being crammed on this little piece of property, the Council might make the decision that nothing should ever go on that property, possibly redesigning the whole intersection with the idea that there was going to be more develop- ment to the nortt�. He really felt they had to consider both the special use p?rr.�it and the vacation as part of the sar�e process. Mr. Svanda stated he did not agree that it was the two together or nothing. They nave a plan before them that will fit the property quite nicely either r�ay. He dic� not think he could vote for the vacation because of the concerns r•a�sKd, pl;�s it concerned him that they were trying to place the entire bill for the road improvement on Rapid Oil when other people may or may not benefit frcn the improvenents. He would feel a lot more comfortable and probably coulo vote for the vacation later on if there was a game plan laid out on how tQ deal with the traffic flow situation for the entire area; because if it were to be done correctly, it would benefit other property owners and then he thought the cost of the improver�ent could then be shared by other benefit- ting parties. Mr. Billings stated he appreciated the fact that the petitioner has a con- struction schedule and the fact that City Staff has been workinq diligently with the petitioner to try and accomnodate the structure on that lot, but there just seemed to be a lot of unanswered questions in terris of what was go�ng to happen to the traffic, the estimated cost of the improvements, the possibilities of the future extension of Viron Road, and what the Nighway �Jepartment's plans were for 73� Ave. and Fireside Drive. It was his feeling that this item should be tabled until the next meetinq. Mr. Svanda stated he would be in favor of taking action on the special use permit. He had not heard any disagreement regarding the project itself from either Staff or the Planning Commission members. 3H ��,;;�P.Ii;�; Cu,fr;IS�I01� t�EETIfJG,JUlY 22, 1987 PAr,E 8 Mr. Rebinson stated the lot in area was too small without variances. The variar�ce for the driveway had been his main concern since this proposal was presented. Ms. Sh°rek stated she saw the vacation as something inevitable for the future, but she questioned whether it should be done at this point without some p�cvision for Viron Road. Given the fact that Mr. Schrader now intended to sell his pro�erty adjacent to what they are talking about improving on Viron Road, she would question having the petitioner pay for the entire improvement of Viron Road at this point. t�tr. Be�zold stated that if for some reason the vacation did not go through, and Rapid Oil goes in on the site, what controls did the City have to make Rapid Oil landscape if the vacation did go through at some future time? M;. Sf�erek stated the Planning Commission could attach a stipulation to the special use permit that at the time of vacation of 73�-� Ave., Rapid Oil will be required to landscape. She stated her biggest problem with the whole thing at this point was not Rapid Oil Change and not their traffic, it was the tying up of the retail property to the north if the City does vacate 7312 Ave. Here was another piece of property that relied on 73'-; Ave. for access and egress. She would have a hard time voting to vacate that street without an alternative plan like the continuation of Viron Road. M.O'_^; O:.' RY 1'R. XCVDRICK, SECONDED BY MR. BETZOLD, 21D CLOSE THE PUBLIC HF.ARING. UPON A VOICE VOTE, ALL V02ING AYE, CKAIRPERSON BZLLINGS DECLARED THE PUB£,IC HEARING CLOSED A2 8:45 F.M. �•'^^I!`� BI t.P.. �:C�UDRICK, SECONDED BY MS. SHEREK� TD RECOMMEND TO CITY COUNCIL APPROV�L OF SPECIAL USE PBRMIT, SP 1187—I4� BY RAPID DIL CXANGE, PER SECTION 'J7.17.1, C, 7, OF THE FRIDLEY CITY CODE TO ALZ,aW AN AUT'OMOTIVE SERVICE STATION O:r L,vTS i rsNL Z, BLOCK 2, CENTRAL VIEW MANOR, TKE SAME BEING 7315 HIGHWAY 65 N.E., �iITX THE FOL:.OWING STIPULATIONS: 1. SPECIAL USE PERMIT, SP N87-14, CONTINGENT UPON APPROVAL Of ALL VARIAPICES FOR DEVELOPMENT BY COUNCIL. 2. PE'lITiONER TO PROVIDE A S�'ORM DRAINAGE PLAN AND RECEIVE APPROVAL FROM PUBLIC WORXS PRIOR TO BUZLDING PERMIT. 3. BUILDING FACADE TO BE CONSTRUCTED WITH FACE BRICK AS DEPICTED IN ELEVATIONS RECEIVED BY CITY ON JUNE 15, 1987. 4. ALL DOORS� METAL TRIM, AND WINDOW FRRMING TO BE PAINTED OR COLOR CLAD TO COMPLIMENT BUILDING FACADE. COLOR TREATMENT TO BE APPROVED BY CITY STAFF PRIOR TO BUILDING PERMIT. 5. LANDSCAPING TO BE IIVSTALLED AS DEPICTED IN PLAN PROPOSED BY CITY STe�F'F, DATED JULY 22, I987, INCLUDING VACATED STREET PORTIDN IF VACATIDN IS APPROVED. 6. AUTOMATIC LA47N IRRIGATION TO BE INSTALLED FOR ALL GRE'EN AREAS� INCLUDING VACATED STREET �ORTION IF VACATION IS APPROVED. 7. PETITIONER AGREES � PROVIDE AN ADDITIONAL SEVEN (7) FOOT STREET EAScMENT OVER THE EAST SEVEN FEET OF THE WEST 27 FEET OF LOT 2, BLOCK 2� CENTRAL VIEW MANOR� PRIOR TO BUILDSiV6 PERMIT. 3t ��_l',�;!iT`;, rC;'"''iSSI01'! t•1EETING, JULY 22� 1987 PAGE 9 8. PETITIONER AGREES TO SUBMIT A LETTER (TO CITY) PETITIONING FOR ir'IDENING OF SERVICE ROAD (TO EAST) TO 36 FOOT WIDTH AND AGREEING 2'O A.�SESSMENT FOR ALL COSTS ASSOCIATED WITH SAID WIDENING, PRIOR TO �UILDING PEI4MIT. 9. PETITIONER TO COMBINE TAX PARCELS INTO ONE PRIOR TO BUILDING PERMIT. 10. A BRICK DUMPSTER ENCLOSURE WITH OPAQUE GATE TO BE CONSTRUCTED ALONG WITfr BUILDING. I?. ALL P.00F EQUZPM.ENT TO BE SCREENED FROM VIEW. DETAILS T10 BE f;PPROVED BY STAFF. 12, lJp O�Ji':;IDE STORAGE OF MATERIALS OR EQUIPMENT ZS PERMITTED. � 3. A?c.RFOR:dAlPCE BOND OR LETTER OF CREDIT FOR $20,000 Y10 COVER ALL I:4FROVEMENTS TO BE SUPPLIED TO CITY PRIOR 210 BUILDING PERMIT. 14. AT SUCH TIME AS THE VACATION OF 73'� AVENUE IS APPROVED, RAPID OIL CtiANGE WILL BE REQUIRED TO DO THE APPROPRIATE LANDSCPpING AND IRRIGATION OF TNE PROPERTY. t4r. Billings stated if they were dealing with the special use permit and the vac�tion se�3rately and �•�ere thinking of not approving the vacation at this tir�e, he would have to vote against the special use permit. The Appeals Conr�ission went along with the variances on the basis that the vacation was coning, Staff has said they looked at the whole plan and said it could be dore w;ti� the vacation, and that the vacation was an integral part of the whole �I�ing. Without the vacation, he would not be in favor of the special use permit. t4r. Kondrick stated he did not fiink the Appeals Corrnnission was altogether informed of the problem with Viron Road. All that information has come to light since the Appeals Commission meeting, and it may or may not have changed the decision made by the Appeals Commission. �1r. Svanda stated he did not think he was necessarily against the vacation, but there ►,�ere other issues associated with it and that was the reason it was approoriate to table the vacation request. Mr. Betzold stated he could support the special use permit as long as the vacatic�� moved forward. He also felt the vacation should go with the special use permit. Mr. Billings stated he still felt the two �•+ent hand in hand, and if they were thinking of tabling the vacation request, they should tab?e the special use permit as well. UPON A VOICE VOTE, ICONDRICK, SNEREK,-BEPZOLD, SVANDA VOTING AYE, BILLINGS VOTING NAY, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED BY A VOTE OF 4-1. 23 �---�.- � co� O Z } Q _� � _ Y Z � �' H W Q � vi � ,so 1 _�-__� �. � . 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PETiTiO�ER TO PRONIDE A STORM DRAINAGE PLAN ANO RECEIVE APPROVAL FROM PUBL. I C WORKS PR I CR TO 8U I LD I NG PERM I T. 3. BU I LD I NG FACADE TO BE CONSTRUCTED W I TH FACE BR I CK AS DE P l CTE D I N ELEVATIONS RECEIVED BY CITY ON SEPTEMBER 24, 19t�7. 4. p11.. DOORS, METAL TR I M AND W I NDOW F(2pM t NG TO BE PAI NTED OR COLOR CLAD TO CCriIFL I MENT BU I LD I NG FACADE . C�CR TRF�I7MENT TO BE APPROUED BY C I TY STAFF PR I CR TO BU I LD I IVG PERM I T, 5. LANaSCAPING TO BE INSTALLED AS DEPICTED IN PLAN PROPOSED BY CITY STAFF. DATED �l.lY 22. 1987, I NCLUD { NG VACATED STREET PORT I ON I F VACAT I ON I S APPROVED. f�AN TO BE REVISED BY CITY TO REFL.ECT REVISED SITE PLAN. 6. AUTCMA71 C LAWN I RRI GATI ON TO BE I NSTALLED F�t a1 (�2EEN ARFAS. I NCLUD I NG VACATED STREET PORTION IF VACATION IS APPR04(ED. 7, PETITIOf�R AGREES TO PRONIDE AN ADDITIONAL SEVEN (7) FOOT STREET EASEMENT WER THE EAST SEVEN FEET CF THE WEST 27 FEET CF LOT 2. BLOCK 2. (�NTRAL' V I EW (�I4NOR. AND ALL OVER 1HE SOUTH 7J0 FEET CF LOT 1 AND THE WESTERLY 27 FEET CF LOT Z. BLOCK �. C�M'RAL V I EW NI4IVOR. PR I CR TO BU I LD I NG PERM 1 T. 8. P�T I T I ONER AC�tEES TO SUBM I T A LETTER (TO C I 11( � PET I T I ON I NG F OR W I DEN I NG OF SERVICE RQAD (TO EAST) TO 36 FOOT WIDTH AND AGREEING TO ASSESSMENT FOR AL.L COSTS ASSOC I ATED W I TH SA l D W l OEN I NG, PE21 �t TO BU t LD I NG PERM ( T. 9. PET I T I ONER TO OC�IB I NE TAX PARCELS I NTO qVE PR I OR TO BU I LD I NG PERM I T. 10. A BR I qC DI.MPSTER ENQOSURE W I TH OPAp.I� GAT� TO BE OONSTRUCTED ALONG W I TH BUILDING. 11. All ROOF EG1U i FMENT TO BE SCREENED FRCM V I EW. �TA I L S TO BE APPROV ED BY STAFF. 12. NO OUf51DE STORAGE OF MATERIALS OR EQUIPMEIVT IS PERMITTED. 13. A PERF ORMANCE BOND OR LETTE R OF CR E D I T F OR $2H , 0100 TO COU ER ALL IMPROVEMEIVTS TO BE SUPPLIED TO CITY Pf210R TO BUILDING PERMIT. 14. AT SUCH TIME AS THE VACAT l ON OF 73 1/2 AVENUE l S APPROVED, RAP! D OI� Q-IAN(� W ILL BE REQU I RED TO DO Tl-IE APPROPR I ATE LANDSCAP I NG AND I RR I GAT I ON OF 11-IE PROJECT. 15. ELEVATION OF SITE TO BE LCWERED, TO CITY ENGII�EERS SATISFACTION. IN ORDER TO REDUCE DR I VEWAY C-RADES. 3L �v �� '� � � ^_ _. _ . _.M".' - �� 0 �--° � � �.- �`��' W 12�Gt� �t�;� �N W � W ?3%Z ��ENU6 N.� (i� r,ti v�� tN ttii�t"-� �+ id�:..r a�� ,� s s H� s - . f'� w1 N. 41 �'�.�' d�� -t= �12.0 w y• vIG� a1 G� - - - •-•• �• � --• -- ��rr. - ,.-o �• -- , ,• /�� -- �' I -- � r � -Y I .f / `• � � I� � i � ,� . � I: �� ; � , L� �� 1 � . �. � �- 1� � � �" �I j � �N' o�� 1 (> � � � ( � I� � � '� � � I �1 � � 1 ' ` 1 v � ,� � �' I � I � �' i :..�. ,�,��7. p�,�� aL �-{�� 7Sv o.p 'b ,•�1 .� �: � .s �" `i ' .` ,� l� _ . � I �� , ;r i ._ � N'� ' _� � : i _` � _�` ° ,� � � �� — __ � � ! ` ' 6 ,�-- o� � l 1 N`"' ' `�' < `�' p � iaC�, '.rc ,� �jf-.-�-i;� \ � j5�:.►d� � s � ��,�,1. �vt.44 ; - / -� � � � `�+t�'EJ � .- — — . - �_b1a�' s,P°t�4ti :--. 7�j"'� �S,✓c�U� !,• �• �,,, � . �f�. 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'16�... . l 1/S � f `�` �' Y�r/ 1 .. _ � .. ,�,,.•1,.1MY_!/ ,__wr�� i `��f 4 ;... .•tt* ... ,. �j- �.,�,`{.�y+��"�^��¢^, 'r .'� ,,,.�`�'n��fi�'/�Q.�1cJ�+�-�wft'+�fYr•�•i J �f pH �� / // �''[� ..- � -' k {.� R 1 `'n'�o� II��.%�✓i ---�•.,,.....n.. , ' . � '' � � , � :r��f ' �'[- �",� �":�'I :_ i.. .... _��`*" `. � r�f7il�I' Y •'-'L Y^-"`"I VI�.10 .�.-.�+Mil. . . . . `�'' � v ,^� nrn,u+r1 a 1! �w i • �`J Engineering Sewer iWater Parks iStreets Maintenance � --- MEMORANDUM TO: �im Qureshi, (�ty Mar�ager Fin187 301 FROM: John G. Flara, Public Works Director DATE: Septeqnber 8, 1987 SUBJECT: Street Impravenent Project ST. 1987 - 1 Rapid Oil Change has stabmitted a petition to the City in support of their project to oonstruct a facility o� the rortheast corner of 73rd and Highway 65. The petition calls for the waiving of the public hearing and the assessnent for the impravenent of removing a vacated portion of 73 L2 Aovenue and the widening of the servioe road between 73 L2 and 73rd Av�ues. In support of this petition and their request, we would recommend City Cotmcil authorize C�anc�: Order No. 3 foC 512,000.00 JGF/ts � � i� � C ITY OF P'RIDLEY PETITION COVER SHEET Petition No. 8-1987 Date Received September 8, 1987 object Improvements to Rapid Oil Change property, i.e., 7315 Highway 65 Northeast Petition Checked B�• Percent Signing Referred to City Council Disposition Date 0 5A Cl'� �1�� - - , �`.i'1' ��13 �.?:�,.�� '��3v�1�?��`� September 4, 1987 Mr. Jahn G. Flora Public Works Director City of Fridley 6431 fh�iv�rsity Avenue Northeast FridlEy, MN 55432 Dear' John : Tt-�is lettE:r is ta inform the City of Fridley that Rapid Oil Change, a Division of Asr, land C�i 1, Ir�c . has a contract on the property located at 7315 Hwy 65 N. E., Fridl�y, I°II`1 (see legal description attached). A� cont•ract holder on the at,ove property, Rapid Oil Change hereby requests that the City �f Fridley make the following improvements to said prc�perty: 1. Wider� Viron Rd. by 7' to the west, from 73rd Avenue N.E. to tr,e north side of 73-1/2 Avenue N.E., in:�tallin� new curb and gutter along the west' side of Viror� Rd. 2. Vacate 73 1/2 Avenue N.E. from Hwy 65 to Viron Rd. ar,d deed the property to Rapid Oil Change, a Division of Ashland Oil, Inc. 3. R�ve all bituminous pavement and curb and gutter frc�m that section of ?3-1/2 Avenue N.E. lying between Hwy 65 and Viron Road. 4. Rough grade that section of property where the pavement has been removed to meet adjacent highway right of way ditch grades and site grades as established on site plan to be furnished by Rapid Oil Char,ge. 5. Adjust the elevations of all utilities in the vacated sectior, of street where necessary to match the proPosed grades as furni�hed by Rapid Uil G7�ange . 6. Install new curb and gutter along Viron Rd. as required ir� that section of 73-1/2 N. E. newly vacated. 7. Make necessary shoulder and ditch mc�difications as required by MnDGT. $. Secure all necessary and required construction easements and permits required by MnIXrI' and any other City, County or State agPncie� having jurisdiction. CORPORATE OFFICE • 3041 4th AVENUE SOUTH • MINNEAPOLIS, MN 55408 •(612) 827-2541 DIVISION OF VALVOIINE OIL COMPANY • DIVISION OF ASHLAND OIL. INC. September 4, 1987 Page 2 In return f�r the above improvements, RaPid Oi1 Change, a Division of Ashland Oil, Inc. agrees to allow the City of Fridley to assess against the propertY that arr�ount af monies necessary�� ythis cost to be $1�t300.00 is our understanding that the City of Fridley est Rapid Oil Change, a Division of Ashland Oil, Inc. hereby waives its ri.ght to a public heari.r�g on the assessment for the above improvements. Re�I�'tfully, RAFID OIL CHANGE '� ` Marl: J . ilbertson Project Mar,ager MJG; la cc: Jim Robinson 5C F{JBLIC WCRKS DEPARZI►ENT Engineering Divisiai QTY OF FRILg,EY Fridley, Minnesota � August 18, 1987 Nor thwest Asphal t, Inc. 451 Cotmty Road 89 Shakopee, NN 55379 SUBJ�: Change Order #3, Street Lnpravenent Proj ect ST. 1987 - 1 Gentl enen: You are hereby ordered, authorized and instructed to modify your contract for Street Impravenent Project No. ST. 1987 - 1 by adding the following: YY u :�� •� ' :; � . • :►M YM �IY- :; � : u�• � Street Widening including Class V base and ooncrete curb and gutter on Highway 65 Servioe Drive from 73rd Ave., N. To 73 L2 Ave. , N . . . . . . . . . . . . . . . . . . . . . S 10,300.00 ------------------------ CRIGIldAL QON'II2A(T PRICE (ST. 1987-1) .. 5195,202.50 Zt�TAL QiANGE ORDIIt #1 . . . . . . . . . S 10,320.00 zOTAL QiANGE Q2D�t �2 . . . . . . . . . $ 13,500.00 Zt�TAL Q�ANGE CfftD�ER #3 . . . . . . . . . $ 191300.00 • a �!� •• �• • w � � S229,322.50 S�kxnitted and appraved by Jahn G. Flora, Public Works Director on the 18th day of August, 1987. Prepared b� ��' �'f �-D�.. ChecJced by _c�� '�s,L,�F.-` � � ,dohn G. Flora, P. E. Pub1 ic Wor ks Di rector 5D Northwest Asphalt Page 2 Change Orc3er #3 - ST. 1987-1 aved d acoe ed this }�� of �'i� �"'� 1987 b Northwest alt. APrr an Pt �_ Y . Y � ---------------- Appraved and acoepted this Fridley, Minnesota. 3/ 6/ 9/6 5E day of , 1987 by the City Council of WII�L IAM J. NEE I�Y�R SH IRL EY A. HAAPALA - CITY CI, FRK � u�1 I � � � T \� Z� z � � � � � I�1 � - -- - - ------ --- -- — _ - i - Oi1 � (�arx,�e 5F � . / 'J�f � �� . �--° �;� �. �-�� w M'��r ,w►;r� � � w M► � T3yZ ��NJE N�C (� C,� v�- tN �;iUt"-) �► ie��r. a� � �„ H�i H N. 5 •�' fd d��-f'� S F�il� f7 • �' �. Q 5. w y � .�.�v u�t f-� T\ •$i. � ��•'�I' �'• � � . � � �' � '� -- / �. � � w r �� 1 � . N� � � � �T. . i � , � � �.y „5�. � � � � � � .i� � . � � - �y, . � �� 7.0' ��..�t�.!J'j �'o �j-� ',�fEv j �'( UN v� • �� 12-°��f�. • ; - . I � 1 L" 1� '. �*+T� � �' �� I �it► '_ i � � - � ' i � � N �� v 1 �� N °�' � � I +�� I� �` � ,i� • I • � � ! . 1 , --�' a � � r '° , L__`_ .� �� I }�, � �`� ° ,J b -o a � I 1 4 � � 5t�v , .�l: � � � `' � e � � � � � Z3 ,u � � � , , � �� t I ' Ci i�� + 1 l � ',,�vv �� °" � tL � � °• a � � �� i � . a,�:• �,�A. ,� �t�,K 4 �� ' � +► � r75'��c,� � o � y� tr�-44 . � � . 35' � . p : .- --- -:- - _ �.' � . ____-�' -87.a� � str,''t.'.'�� : •-- �5, , � � �5' �' � �� a K'h' . I �3�' ,w�tu� a. �. . : - . ; . ' - . Lo�' �t�eA .< <5�{ Ac.. , vS. .75 aG• . ', � � b� i4� i 0�= L'St.+�L ' . 7%��g7 SITE PLAN � a�a� w. r,� a� AnoPrn� � Bonc� �� F� s�x �es The City Cooncil of the City of Fridley hereby ordains as follows: 1. That the annual budget of the City of Fridley for the fiscal year beginning January 1, 1988 which has been sutrnitted by the City Manager and modified and approved by the City Council is hereby aoo�.ted, the total of said budget and their maja� divisions thereof being as fallows: 2. T'hat the City Manager be directed to cause the appropriate accounting entries to be made in the books of the City. e+a,u:: i 1. � FS'tII�4i'� REVH�B Taxes ano Special Assessments: Current Ad Valoren Delinquent, Penalties� Forfeited SF.ecial Assessments Lioenses and Permits: Licenses Pem�its Intergovertrnental: Feoeral State - Hanestead Crec�it (Current Ao Valorer�) Local Gaverranent Aid All Other C?�arges for Servioes Fines and Forfeits Interest on Investments Miscellaneous Revenues Other Financing Sources: MuniciFal State Aid Etu�d Liquor Fund �'I�1L REVFI�L'S AI�ID 0'� FII�NC� 90� F1md Balar,ce: Designatea for Replaoer�er►t of Fixed Assets General El�na Surglus �'iTiL FODD BAI.AN� i• � e,� >• •� � SPBQIII. REVfI�DE POl� State Aid P1md c�hle ZV Ftnd Grant lfa�g�t i�lmd �'�I, S�F.CIAL REVFF�IE PUH76 Q�PIfiAi. P%IJDCT F[11�I16 Capital ImFcov� P1nd Pro�erty Tax - Qurent An Valorert� Interest �7�[, Q�PITN, Pi�(a7HCT P(JAi� $2,742.696 81,500 5,983 147,510 173,590 5,000 546,187 1,900,802 298,386 147,875 245,264 379,698 81,000 147,000 50,000 $6�952�491 150,000 491,587 S 641.587 $7,594,078 458,824 62,144 118,937 $ 639,905 84,919 125,000 $ 209.919 Legislative: City Council Planning Cartunissior�s Other Caimissians City Managesaent: General Manageuent Peraonnel � Finat►�e: Elections Aocounting Assessing Civic Center Polioe: Polioe Civil Defense Aninal Control Fire: Public Works: Technical Engineering Traffic F.ngireering Street Lighting Putlic Works Maintel►ance Recreation: Naturalist Recreation Cartm�nity D�elopnent: Code Enforceme�t Planning Reserve: 1lGiI�IC�T P[TI�D Siz Cities watershed PUod Pro�erty Tax - Clurent Aa Valorem $ 9.457 �'�lT, AGHICY PUI�D $ 9r457 �'BfL Ai�. P[1I�ID6 $8.453,359 A�BSED AAID ADOPTED BY TBE QTY C�DUNQL OF ZHE CITY OF FRITI,EY TEIS A'I'1F5T: S�iIRLEY A. iiAAPALA - C3TY CT.FRR Pu�lic 9earing: Septeinber 14, 1987 First Reaoing: Septeir,ber 28, 1987 Sco�nd Reaoing: Putil ish: $ 181.147 415,953 652,523 2,393,332 539,597 2,073,629 644,583 367,311 326,003 $7.594�078 458,824 62,144 118,937 $ 639,905 84,919 125,000 S 209.919 9,457 $ 9�457 $8r��9 II�Y OF , 1987 WII.LIAM J. I�EE - MAYOR � ORDINANCE N0. AN Cd2DINANGE U1�Il�ER SDC�ION 12.07 OF THE CITY CHARTER Zt� VACATE STREEIS AND ALLEYS AND � AN�ND APPENDIX C OF THE QTY OODE The City Council o�f the City of Fridley does hereby ordain as fnllaws: SEGTION 1. For the vacatiori of that part of 73 L2 Av�ue lying East c� T.H. 65 anci lying West � the Northerly extension of the East line of the West 27 feet of Lat 2, Block 2, Csntral View Manor. 7.b alla�r for an impraved site plan for a proposed Rapid Oil Station, located at 7315 Highway 65 N. E. All lying in the north half of Section 12, T-30, R-24, City of Fridley, Co�ty of Anoka, Minnesota. Be and is hereby vacated subject to stipulatioa�s adopted at City Cotncil meeting of . SECCTION 2 �ie said vacation has been made in conf ormance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSID AND ADOFPED BY THE QTY CXXJI�IL OF THE QTY OF FRIDLEY THIS DAY OF , 1987. WII,L 7AM J. I�E - I�1YOR ATTEST: S�iIRI,EY A. HAAPALA - CITY CLERK Public Hearing: August 24, 1987 First Reading: Sevond Reading: Publ ish : 3✓7/ 4/12 7 23 . , --r ....- , .,,...� N� iAr. ' SAV �8 � (�1 � Z � Q _� C7 2 Y Z � �' �- ' W Q F- �' �so � ---=--� � 7A � � � j L'tfer R �ivo�f (s1s'v> � 1it.� � I I .�_. -- - -- ..� ��/�/ � ,.:e i�II / 8 �: (�� 14G r�.el i fi-Ilr'.... � iN// ' �y� , ��Q �� Z� �j9� � i . ' . `�� . _ - - -- _ � � �- -��. -� � • " L O C A�T I O�V;. M A P . .. .. _ --- , - . .. _. � -+' -- -� � — _ f _ _.._ _ ��,�_..._ _ __ �-_— � , � � � �� . . ��.i.��..�� ...... .•.....• W ................ 1 ................ ................ .�.� /� �� :�:�:�:�: � � id�.�r . .'.'.'. .7,,_t p��NUE N.� • o . �.1�M . . . " . . . . . . • . M N. 5 � ��• � "��i��''�� • : • • • • • • • • . • . — ..... ... .... ....w,�. ... ....., . ..� � / R r. _ i� \ , � �, � f l , �, � I� � � � i: �� f� � �� -� � ; � r' ! ►� ( � I; � I � � I i ( , � � ��, I I ; I' � � � � _ � I New � . q � ; a��T' �v ` I y' �%M.P � � Nv. L�.4t \ n , :a�ib i .'aJt'i1 GUT ''� �� ,�'NSO�'Ev tiU�G. ► N �ti I U 5 . A� , �� '3!�'�A�Zl� il�� W�,k � � � 1 ��-�� ;'" � il ( � �"T I � I � � �•�°I 1� G+L I � � G-I�N�i� I 17�0 �.�. � i I' I ,� i•n�r - � �L e� E$b•5� \' � � �� , !28.0 4ao' I'Lo � � � � — i --- _ - �e� � �.�(, � r � � i � ; I � � T w.t� r,• _ � �� I �, � -a � � ►� �' o � � � �il� � I �' � � , 1- ---- � - � � li � =o�`L N `' , I� -o a 4 9,�� _ — � �:' �� 3 `-:- -g � � � �; " Z 3 i G � b '� \ ' � o �I , - �N ,� � I � �.� i � . / \ �— - -- �^3`- 0 �� . � �1—_� �1i / - , — _ _- — _ _ J.' f 'By�� y&(°�24ti`� -• " � 73"� �v��U� N. �. -b M�. . ��,�r. ,.:o.,� � N � SAV #87-0 8 �� ; . , ..,... r 73 � A�E. u �. -� 7.0' �M��r'j r� � T�/`'��J �7( U1`( ��r �� Y� . p.K �F � W Y Q m � � T3 RD AYE, � N to Z � H O ��0� �ZZ�i �W� °° > �a�-'i �co�� —°� o r. 4c� „' �a=m II�� IIi ,�� J �° 73 %2 qvE . --,I LL I 1—� � E 7C L■'> � ,� /� `�:' 1 1 1�:\C'� STIFU.ATIONS 1. PETITIONER AGREES TO SUBMIT A LETTER (TO CITY) PETITIONING FOR STREET EXCAVATION FOR THE PORTION OF 73 1/2 AVENUE, LYING NORTH CF THE PROPOSED SITE AND AGREEING TO ASSESSMENT FOR ALL COSTS ASSOCIATED WITH SAID EXCAVAT I qV PR I CR TO PIJBL I CAT I ON OF VACAT I ON ORD I NANCE . 2. UPON EXCAVAT I qV OF VACATED 73 1/2 AVENUE PET I T I ONER W I LL ( NSTALL DR I VFyVAY EXITING ONTO SERVICE RQAD TO EAST AND LANDSCAPE WITH IRRIGATION AS SHOWN ON C I lY PLAN UATED �l.l.Y 22. 19�37. 3. PERFORMANCE BOND REFERENCED AS STIPULATION #13 FOR SP #87-14 TO COVER IMPROVB�IENTS REFERENCED IN ITEM #Z ABOVE. 4. A DRAINACf AND UTILITY EASEMENT SHOULD BE MAINTAINED OVER 7HE ENTIRE PORTIqV OF VACATED STREET. : CITY OF FRIDLEY PLAf�IJI�dG COMPIISSIO�� MEETIt�G, SEPTE�I6ER 16, 1987 CALL TO ORDER: Chairperson Billings called the September 16, 1987, Planning Commission meetinq to order at 7:30 p.m. ROLL C11LL : Mer�bers Present: Steve Billings, Dave Kondrick, Dean Saba, Sue Sherek, Ricliard Svanda, Donald Betzold Mer�bers Absent: tJone Others Present: Jim Robinson, Planning Coordinator Tony Spigarelli, 3315 N. 2nd St., Mpls. Jim 8enson, G20 Mendelsson Ave., Mals. William Henley, 6300 Baker St. N.E. Ilelen & Gerald i�achowicz, 6314 Baker St. iJ.E. R. C. Bard, 6347 Bal:er St. N.E. t4ary & Francis van Dan, 6342 Baker St. t�.E. Sarah Harder, 2822 Leyland Trail, 4Joodbury Karol & David Andreasen, 5510 - 164 Lane ��.W., Anoka Ken Belgarde, 7841 Wayzata Blvd. Linda Fisher, 1500 Northwestern Financial Center, 7900 Xerxes Ave. S. Richard Harris, 6200 Riverview Terrace Dave Harris, 470 Rice Creek Boulevard Ken Bureau, 5630 W. Danube Road �Jancy Jorgenson, City Councilperson-at-Large APPROVAL OF AUGUST 5, 1987, PLANNING COt�Il1ISSION t1It�UTES: MOTION BY MR. XONDRICK, SECONDED BY MR. SVANDA, TO APPROVE TNE AUGUST 5, I987, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CKAIRPERSON BILLINGS DECLARED THE M.OTION CARRIED UNANIMOUSLY. 1. PUBLIC NEARING: COPJSIDERATI01� OF A SPECIAL USE PERt1IT, #87-17, BY CEtJTRAI OFIf�G COMPA�JY: er Section .18.1.C,9,of the Fridley City Code to allow exterior storage of materials and equipment on part of Lot 1, Auditor's Subdivision Wo. 79, the same being 4500 Main Street N.E. MOTION BY MR. KONDRICK, SECONDED BY MR. S.VANDA, TO WAIVE THE READ_'NG OF THE FORMAL PUBLIC HEARING NOTICE AND TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILZINGS DECLARE'D THE MOTION CARRIED AND THE PUBLIC KEARING OPEN AT 7:32 P,M. • � L� PLAt�f�It�G COMt1ISSI0�� t�EETING, SEPTQ�1BER 16, 1987 PAGE 2 Mr. Robinson stated the,petition was for outside storage on the northerly 5 acres of the formerly CECO Corporation at 45Q0 Main St. At the last meeting, a special use permit was processed for outside storage for Rubber Research located on the southerly 5 acres of the same site. Central Roofing Company applied for a special use permit for outside storage around March of this year. The reason for the delays was because of concerns by Staff and the City Council related to a potential odor problem. Mr. Robinson stated the property was zoned P1-2, heavy industrial; however, it was across the street from residential, both R-1 and R-2. The site plan sub- mitted by Central Roofing included that a majority of the site would be uti- lized for outside storage. One of the key issues of this petition would be the parking of tanker trucks which carry asphaltic material. Odor was one of Staff's concerns based on the fact that odors are associated with the heating of tar. P�r. Robinson stated Mr. Spigarelli, President of Central Roofing, hired Twin City Testing, and on April 27-29, 1987, they conducted a test on the site utilizing two heated tankers parked in the rear of the northwest portion of the site and oneheated truck which was instructed to drive up and down Main St. Twin Citv Testing conducted the qualitative analysis at.one minute intervals,�estiny #br orlor. The report .fro� Twin City Testing was in the Planning Commission agenda. What Twin City Testing noticed was moderate but only transient odors associated riith "peak impact" of actual usage of the site, and those odors were only noticed for 2-3 seconds while the trucks passed. In addition, trucks were parked on the northwest corner of the site, and r10 odors were noticed until they got within 50 meters of the hot trucks. They also parked the trucks the third day in the cold state in the same loca- tion, and little or no odors were noticed at that time. Mr. Robinson stated that after that experiment, the Comoany was asked by the City to perform the tests again in order to allow some members of(Sty Staff, City Council, and Planning Co�nission to take part in that testing. That was done on Aug. 19, 1937. There was a memo in the Planning Commission agende fmm Jock Robertson to t�asim Qureshi a�hich indicated the results of the testing was the same as that indicated by Twin City Testing. Mr. Robinson stated an environmental assessment worksheet was also completed by the petitioner, and the Commission would note that little or no environmental impacts were anticipated from the plant being located on this site. Mr. Robinson stated Staff was recommending the following stipulations: 1. All tar tanker trucks and kettles will be parked (for both lonq and short term durations) on the northwest corner of the site as indicated on the site plan dated Sept. 16, 1987. 2. Emissions of tar odors from Central Roofing site and abutting right- of-way to be managed in such a way as not to exceed the levels stated in odor emission test report by Twin City Testing dated May 4, 1987. . PLANNIIJG COM�IISSIOtJ MEETI�JG, SEPTEMBER 16, 1987 PAGE 3 3. There will be no heating of tar in tankers or kettles on the Central Roofing site or abutting right-of-way. 4. The Environmental Assessment Worksheet (EAW), preoared by Central Roofing dated Sept. 16, 1987, v�ill be considered findings of fact related to the granting of special use oermit, SP #87-17, environ- mental impacts due to Central Roofing operations, beyond those described in said EAW, may be.cause for review and revocation of the special use permit. 5. Storage of materials and equipment shall be managed so as not to be visible f rom the public right-of-way or residential view. 6. Provide hard surface parking and connective drive�vay both with curb and gutter, prior to occupancy of proposed office building or by October 1, 1988, wMichever comes first. 7. Resod and provide landscaping along with auto�atic springkling in area between Main Street and screening fence to be installed by October 1, 1.988. The City reserves the right to modify the pYan in ' order to make it consistent with proposed landscaping by Rubner Researcii to south. 8. A performance bond or letter of credit for $15,000 to be provided to tke City to cover outside improvements, prior to occupancy of the site. 9. Special use permit compliance to be reviewed by public hearing in October 1988 or sooner with format specified by the City Council if violation of any condition(s) is reported. Mr. Spigarelli stated he had no problems with any of the stipulations. t40TI0W by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. Upon a voice vote, all voting aye, Chairperson Billings declared the public hearing closed at 7:42 p.m. Mr. Billings stated Staff and the petitioner have spent a lot of time on this and have done a good job in working things out. t�OTIOtJ by Mr. Betzold, seconded by Mr. Saba, to recommend to City Council approval of special use permit, SP #87-17, by Central Roofing Company, per Section 205.18.1, C, 9, of the Fridley City Code to allow exterior storage of materials and equipment on part of Lot l, Auditor's Subdivision No. 79, the same bei ng 4500 t4ai n Street t�. E. , wi th the fol 1 ovii ng sti pul ati ons : 1. All tar tanker trucks and kettles will be parked (for both long and short term durations) on the northwest corner of the site as indicated on the site plan dated Sept. 16, 1987. : � PLA��NIf�G COMMISSION MEETItJG, SEPTEMBER 16, 1987 PAGE 4 2. 3. 4. 5. 6. 7. 8. Emissions of tar odors from Central Roofing site and abutting right- of-way to be managed in such a way as not to exceed the ievels stated in odor emission test report by Twin City Testing dated May 4, ]987. There will be no heating of tar in tankers or kettles on the Central Roofing site or abutting right-of-way. The Environmental Assessment tJorksheet (EAS) prepared b,v Central Roofing dated Sept. 16, 1987, will be considered findings of fact related to the granting of special use permit, SP #87-17, environ- mental impacts due to Central Roofing operations, beyond those described in said EAW, may be cause for review and revocation of the speciai use permit. Storage of materials and equipment shall be managed so as not to be visible from the public right-of-way or residential view. Provide hard surface parking and connective driveway both with curb and gutter prior to occupancy of proposed office building on or by Oct, l, 1988, whichever comes first. Resod and provide landscaping along with automatic sprinkling in area bet�•�een tlain Street and screening fence to be installed by October 1, 1988. The City reserves the right to modify the pTan in order to make it consistent with proposed landscaping by Rubber Research to south. A performance bond or letter of credit for $15,000 to be provided to the City to site. cover outside improvements prior to occupancy of the 9. Special use permit compliance to be reviewed October 1988 or sooner wi th format speci fi ed violation of any condition(s) is reported. by public hearing in by the City Council if UPOW A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLIN6S DECLAREO THE MOTION CARRIED UWAP�IMOUSLY. Mr. Robinson stated this item would go to City Council on 2. COf�SIDERATIQt� OF A LOT SPLI7, L.S. #87-08, BY WILLIAF1 HENLEY: o sp �t parts of Lot , , 8 an , B oc , oore a e Nighlands, all generally located at 6300 Baker Street P�.E. The legal descriptions are as follows: PARCEL A: Lot ]1, Block 2, except the South 90 feet and Lot 19, Block 2, except the South 90 feet of the West 140 feet; all in Moore Lake Highlands. PARCEL B: Lot il, Block 2, except the �Jorth 60 feet; the North 40 feet of Lot 12, Block 2; the Tdorth 115 feet of Lot 18, Block 2, except the South 80 feet of the North 115 feet and except the West 130 feet of the North 35 feet; Lot 19, Block 2, except the North 90 feet of the west 140 feet, lying South of the North 60 feet and except the West 130 feet of that part of Lot 19 lying South of the North 9Q feet thereof as measared alona South and West lines thereof; all in Moore Lake Highlands. � : I PLAt�I�dII�G COM�IISSIGN t4EETItJG� SEPTEI�IBER 16, 1987 P/1GE 5 P�1r. Robinson stated the lot split in question was located on the 6300 block of Baker Street. The lot was zoned single family. The proposal was to split off the northerly 60 feet of the property (Parcel A). The City requires lots to �e 75 ft. in width and 9,000 sq. ft. in area. Although this lot (Parcel A) was 9,600 sq. ft. in area as proposed, it would be 15 ft. short as far as lot width. t1r. Robinson stated Staff has discussed this lot split with Mr. Henley, and P4r. Henley feels this is the best lot split he can propose at this time. Staff felt there was the potential to make that parcel 68 ft. instead �f 60 feet. Due to concerns of access to the rear yard, this suggestion was not heeded by Mr. HenTey, and he has decided to go ahead with the 60 ft. lot width. h1r. Robinson stated there was a large depression in the area of the proposed ne�� lot �rhich was a natural water collection area and also a percolation area. This area was really quite low, and the house to the north was a walk-out on the south and west--approximate elevation change was 7-8 feet. The Public tJorks Department had expressed the concern that if a house was placed in this area some of the natural percolation would be impeded and the water would have no place to go and could cause some flooding to adjacent properties. Mr. Robinson stated the Commission has received two letters, one from Janet Stanek, 6301 Able St., and Rose Jasper, 6270 Baker St., stating they objected to the lot split. MOTION by Ms. Sherek, seconded by Mr. Saba, to receive into the record the eT tters from Ms. Stanek and Ms. Jasper. UPON A VOICE VOTE, ALL VOTI�JG AYE, CHAIRPERSON BILLI��GS DECLARED THE t40TI0t� CARRIED t1NANIMOUSLY. Mr. Robinson stated all the other lots in the area are at least 90 feet in width, so Staff did not feel a 60 ft. wide lot would be consistent with the neighborhood, even though the City has granted lot width variances in the past in other areas when the lot width reduction was consistent with the lot vridths in the area. He stated Staff would recommend denial of a 60 ft. wide lot at this time. Stipulations that would be recommended if the lot solit was approved were as follows: 1. Petitioner to provide a existing house at least to recording split. realigned driveway and curb cut for three feet from proposed parcel prior 2. New house to be set back sixty feet (to meet averaging require- ment) or variance apnroved. 3. New house location and drainage provisions to be authorized by Public Works prior to recording lot split. 4. Park fee of $750 to be paid prior to recording lot split. : PLANNI�JG COt1t1ISSI0tJ MEETING, SEPTEMBER 16, 1987 PAGE 6 5. Variance for lot width to be approved by City Council with lot split approval. Mr. Henley stated he felt there was plenty of room to the north for a buffer zone between a new house and his house. As far as percolation, all the yards at one time sloped down in back and one by one they have all been filled in. If the lot split was approved and a new house built on the lot, he would be more than willing for the Commission to put on a stipulation that a sewer be placed in the yard in case of an overflow of water. He stated they have had two big rain gushers within the iast few years in this neighborhood, and there has not been any water standing in his yard. P1r. Henley stated the problem he had with a 68 ft. wide lot was that it would not give him enough space or his new neighbor enough space, and he would have the hardship of having to move his driveway over and put a ne�� gate into the back yard. At this time, he did not ��ant to have to do that. �4r. Billings asked the petitioner if he was aware that if the lot solit was approved for 60 ft., that he would have a remaining 1ot r�idth for his lot of 13U feet. Mr. Henley stated, yes, he was aware of that. It was a very big lot with a very big yard, and it was really too big for his family. He bought the lot a little over two years ago. Since then, things have tighted up for him financially, and since he had been approached about the availability of the lot, he decided to look into the possibility of splitting the lot. The money generated off the lot would go directly against the principle payments on his house; he could remortgage iiis property at a lower interest rate and reduce the payments by half. Mr. Betzold s�ated that by selling off 68 ft., P4r. Henley would not only get more money for the lot but would probably be paying less taxes on the smaller lot he would be keeping. Mr. Henley stated he had thought about that, but he would then have to rebuild his driveway. When he rebuilds his driveway in about 5-6 years, he would want to rebuild it in concrete rather than asphalt. If he rebuilds the driveway, then he would have to go a little bit south and put a gate on the south side of the house and proably have to put in some kind of curbing so he could get vehicle, boat, and other things into the back yard. If he has to give up 68 ft., he would do that; but that would limit his ability to get into his back yard and it would be a financial hardship. He felt there was plenty of room for a house on a 60 ft. wide lot so he had decided to apply for the lot split for 60 ft. Mr. Gerald Machow�icz, 6314 Baker St., stated he owned the lot north of Mr. Henley. He stated he bought his property in 1954, and he thought 90 ft. widths were supposed to be the standard size lot in Fridley. He stated he had had water problems before, but never in the basement, just up to the walk- out door. Mr. Henley has put a lot of fill in his back yard and changed the basin, so Mr. Machowicz stated he did not know what was going to happen when there is a lot of rain or snow. He stated he would object to both a 60 ft. lot and a 68 ft, lot width. : PL�NNIt�G COMMISSIOW MEETING, SEPTEMBER 16, 1987 PAGE 7 t4s. Mary van Dan, 6342 Baker St., stated she lived just north of Mr. P1achowicz. In a sense, this lot split did not have any direct impact on her lot, but she would certainly like to endor.se �1r. Machowicx' feelings about not approving a lot split on this particular lot. As many of the Cocrtission members knew, she had served on the Planning Comnission, and she could remember discussing many issues of lot splits and turning them down because they did not meet the standard size. She stated that during heavy rains, water has gone up to Mr. P�achowicz' basement door. The environmental impact of a ne�v house on the proposed new lot would have a detrimental impact on P1r. Machowicz' house. Mr. Francis van Dan, 6342 Baker St., stated although he emphasized with Mr. Nenley who, by selling off the northerly portion of his property, could reduce his house payments, he would have to support the view of P1r. Plachowidz that the lot split not be approved. t4r. R. C. Bard, 6347 Baker St., stated this lot split also did not affect him directly, but he felt a smaller house on the 60 ft. lot would be very haaard- ous to the percolation of water. The house �vould shed more water, plus the excess water from t4r. Henley's lot, would really cause a problem for Mr. �4achov�icz. He stated another storm sewer might have to be added in the area and this would be an added expense to the property owners in the whole area. He was opposed to the lot split. Mr. Robinson stated he did not believe there was a storm sewer in Baker St. at this time. The street crests and drains both to the north and south. In this lot the depression was a natural drainage area for the residential property and was a critical area for percolation. Mr. Betzold stated a 60 ft. wide lot was definitely out of the question. It was a substandard lot and the whole purpose of changing the code years ago to 75 ft. was well founded so there were not the problems that 60 ft. lots create. He found it unfortunate that Mr. Henley was not willing to discuss with ti�e City a larger lot, but even at 68 ft., he thought .i t would be so out of character for this neighborhood that it could cause some other problems. He could not go along with a lot split for either a 60 ft. or 68 ft. wide lot. t1r. Kondrick stated he agreed with Mr. Betzold. He thought there could be a big water problem for both Mr. Fiachowicz and any owner of a new house. He could not be satisfied with a lot width of either 60 ft. or 68 ft., and there did not seem to be any feasible way to extend the lot width any more than 68 ft. ��Ir. Saba stated he agreed with Mr. Betzold and Mr. Kondrick. Mr. Billings stated that in looking at the property, he noticed that all of the lots in this neighborhood were of extensive size. Even a code size lot of 75 ft., althought it would be legal, really would not be in character with this particular neighborhood. He could not support a 6� ft. lot width, and he doubted that he could support a lot split for a 68 ft. lot width. : PL�atJNING COt��ISSION t1EETItJG, SEPTEMBER 16, 1987 PAGE 8 MOTIOPJ by Mr. Kondrick, seconded by Mr. Betzold, to recommend to City ounc� denial of lot split, L.S. #87-08, by William Henley. UPON A VOICE VOTE, ALL VOTItJG AYE, CHAIRPERSON BILLINr,S DECLARED THE MOTIO�J CARRIED UNA�JIMOUSLY. Ms. Sherek stated she did not feel a 68 ft, lot width would be in keeping with the neighborhood, and she thought that was something they should emphasize to the City Council. t10TI0t� by Mr. Kondrick, seconded by �4r. Betzold, to direct Staff to brin4 it to the City Council's attention that a 68 ft. lot width in this neighbor- hood would not be in keeping with the neighborhood and the Planning Corrnnission would be opposed to a lot split for a 68 ft. wide lot also. UPON A VOIC E VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE P40TIOt� CARRIEO Ut�ANIPIOUSLY. Mr. Robinson stated this item would go to City Council on 3. CO��SIDERA7ION OF A VACA7ION, SAV #87-09, BY GREGORY MORTENSON: o vacate t e oot ralnage easement on t e nort si e o ot 3, Block 2, Heather Hills Second Addition, the same being 6191 Kerry Lane ��.E. Mr. Robinson stated this property was located on the east side of Kerry Lane in the 6100 block. 7he petition was to vacate a 6 ft. drainage/utility easement located on the north side of the property. The petitioner also requested a variance. Originally, the variance was not only to allow the existing encroachment of an existing garage from 5 ft. to 4.6 ft., but also for a proposed expansion of living area in the rear of the home for a side yard setback from 10 ft. to 4.4 ft. On Sept. 1, the Appeals Commission recommended denial of the side yard setback but did sup�ort �Che variance for the existing garage. On Sept. 14, the City Council approved both variances. At this time, the petitioner was seeking to vacate this easement in order to clean up the tftle with the existing garage being in that easement. Mr. Robinson stated the Commission had received a memo from the Public Works Department supporting the vacation of the drainage/utility easement and that the vacation should not create any problems in terr�s of storm water, and there were no utilities in the easement. Mr. Robinson stated the Cor,mission had also received a letter dated Sept. 14 from Larry and Kathleen Morford at 6235 Kerry Lane stating they were fully aware of Mr. Mortenson's building plans and had no objections. MOTION by Mr. Kondrick, seconded by Mr. Svanda, to receive the letter from aL� rry & Kathl een t�orford. UPOW A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLIN�S DECLARED THE MOTION CARRIED UNAP�IMOUSLY. : PLAtdNItlG COt1F1ISSI0�� MEETIPJG, SEPTEMBER 16, 1987 PAt;E 9 t�{OTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of vacation, SAV #87-09, by Gregory Mortenson, to vacate the 6 foot drainage easement on the north side of Lot 3, Block 2, Neather tiills Second Addition, the same being 6191 Kerry Lane N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLIfJGS DECLARED THE MOTION CARRIED U(1ANIMOUSLY. 4. PUBLIC HEARING: CONSIDERATION OF RECODIFICATION OF THE_ CITY OF FRIDLEY SE �CILITIES I�� ItJDUSTRIAL ZONES: MOTION by P4r. Kondrick, seconded by Ms. Sherek, to open the public hearing. UPOt� A VOICE VOTE, ALL VOTING AYE, CHAIRPERSO�� BILLItJGS DECLARED THE MOTI01� CARRIED U�JA��It�lOUSLY. Mr. Robinson stated that approximately two months ago�, Staff brought to the Planning Commission the idea of altering the �1-1 and M-2 sections of the Zoning Code to allow for some limited commercial type uses in office/ware- house mixed use type buildings. After several meetings and discussions, they arrived at the present draft ordinance which was the subject of this public hearing. Mr. Robinson stated the reasons for the changes were that the economy has changed to a more service economy and the lion's share of the development in Fridley over the past five years has been in the office/warehouse market. He listed a few of the developers, both existing and proposed: River Road Business Center; Winfield Development at 73rd & University; Harris' office/ warehouse directly behind Winfield Development; proposed Rosewaod construction at Osborne and tlain; P1-D Properties at 83rd and Main. Mr. Robinson stated also under construction or presently built, the City had approximately 3/4 million sq. rt. of office/warehouse develoRment. These developments have been of high quality, both in terms of architectural treat- ment and in site development. They have been good additions to the tax base plus the urban fabric. Mr. Robinson stated the City has had numerous concerns and requests fror� these developers regarding the limitations imposed upon them in acquiring tenants which would benefit the development and the area at large and which, on the surface, would not be detrimental to the area. In order to make Fridley more marketable and more in tune with today's development, the present ordinance was being proposed. Mr. Robinson stated that at the request of the Planning Commission, notices were sent to all developers, both existing and proposed, The Citv also made a presentation to the Chamber of Comnerce on September 10, 1987. : PL�tJNI(dG COM��1ISSIOP� MEETItJG, SEPTEMBER 16, 1987 PAGE 10 Mr. Robinson stated there already is an allowance for offices associated with the principle use in an industrial area and also for retail sales or services of products either manufactured or warehouses in an industrial district without any kind of special use permit. 4Jith a special use permit, they allow offices not associated with a special use permit, and that will continue. t�1r. Robinson reviewed the proposed ordinance with the Commission and those in the audience. Mr. Dave Harris, 470 Rice Creek Blvd., stated he �vas in favor of this type of ordinance, but he did have some concerns. As a developer, he took a look back to see how this ordinance would pertain to him if this ordinance had been in effect at the time he did some construction. He has been involved in about �OO,OOO.sq ft. of M-1 structures in the City, 154,000 sq. ft. of that would fall into the 35,000 sq. ft. or more area, so initially by using the 35,000 sq. ft. requirement, it would eliminate about 80� of the buildings he has been involved in. That was just based on the size requirements in this proposed ordinance. Mr. Dave Harris stated he felt something better than the size requirements for an overall building could be addressed in a non-discriminatory manner by utilizing a percentage which the City alluded to in the ordinance of 3,000 sq. ft. or 20% of the total gross area. His suggestion would be that they reduce the overall floor area and go to some kind of percentage of the building for use of the site. Mr. Billings asked Mr. Harris what the average square footaqe was of the buildings he has been involved with. Mr. Dave Harris stated he thought the average square footage of office/ warehouse buildings in M-1 was in the neighborhood of 15,000-22,000 sq. ft. Mr. Dave Harris stated he was also concerned about the hours of operation. If the City was going to involve itself in recreation for pay; for example, a billiard center, computerized golf, etc., it would be discriminatory to ask these kinds of businesses to close at 9:00 p.m. He felt the latitude should be on the same basis as other uses allowed in other locations. In other words, if a restaurant v�as open from 6:00 a.m, to 12:00 p.m, in another location, the same hours should be allowed in this particular provision. Mr. Robinson stated perhaps a clarification needed to be made here. Under Section 205.17.c,2, it stated: "Commercial retail and service uses and Class I restaurants within office/industrial mixed use buildings which are supplemental to and for the convenience of the operation of the zoning district and which provide goods and services which are primarily for the use of people employed in that district..." These were uses permitted with a special use permit in an M-1 district. They would allow this type of special use permit in a structure as a benefit to offices but not in a typical ware- house structure which might have some offices associated with the warehouse, but which might not be directly related to some of the buildings Mr. Harris was referring to. : PLAtJPJI��G C0�1t1ISSI0Pd MEETING, SEPTEPI6ER 16, 1981 PAGE 11 Mr. Robinson stated Staff vras talking about the newer kind of building which r�as mainly a office and service type of eperation and not in the manufacturing/warehouse type of building. So, maybe a clarification needed to be put in here that the special use permit for coRmercial retail would only be in conjunction with buildings which have a special use qermit for offices not associated with the principle use. This pertained to all the developments he had mentioned earlier. Mr. Dave Harris stated he thought that would be a mistake. He felt it was unfair and restrictive to say a building doesn't qualify because of its size and its use. The use today might not be the use for that�building in the future. The single purpose building today might be a multi-tenant buildin4 with bays in the future. He thought the privileges should be the same for both kinds of buildings. P4r. Dick Harris, 6200 Riverview Terrace, stated he had some problems with the whole issue of special use permits. As he remembered, a long time ago, the City Attorney wrote a memo stating the special use permit had to be attached to the property and not to the tenant. So, even though there was a change of teriant, there was still the special use permit for the property. l�Jhen a ter�ant tnoves, such as a Class II restaurant, it might not be advanta- geous to have another Class II restaurant in the same location. t4r. Dick Harris stated that in thinking about this type of situation, he wondered if perha��s the City should be looking at a different zoning for those particular parcels that have hi h visibilitv and high traffic areas such as the proposed Rosewood development. is was propose a out - years ago when Plywood Minnesota and Wickes were going to build on the Burlington P�orthern property at 694/East River Road--a high visibility zoning where it takes into account these different types of possibilities for business centers and different tyoes of operations than what they normally look at as industrial. He could not imagine having a restaurant or retail or office in his buildings on �4ain St., because they were not in high visibility, high traffic areas. He would probably cater more to the machine shop/welding type of businesses, and the industrial zones that Y�ere enacted by the City were really for those kinds of businesses. It has been his feeling for quite some time that there was a lot of property in high visi- bility, high traffic areas that probably should have some other kind of zoning than M-1 and M-2. He realized this was kind of late in the day to talk about a zoning change; it v�as something that probably should have been done about 20 years ago. Mr. Dick Harris stated the City might be opening itself up for some legal problems down the line, and he would like to have an opinion from the City Attorney on what the situation would be on the revoking and termination of these special use permits and then reinstituting special use permits every time a tenant moved in. : PLa�J�JIfJG COt��1ISSIOtJ MEETIIJr,, SEPTEMBER 16, 19£37 PAGE 12 t4r. Ken Qureau, 5630 idest Danube, stated he was representi ng Imse►�ood Corp. He stated that in many of the communities he has dealt with, they start out with an t1-1 an� I�-2 zoning. If you are in an M-1 zone, you are not goin� to do ►�hat is in an 14-2 zone, but you are allowed to go down and use the nroperty for less than the zoning alla��s. However, in M-2, heavy industrial, you are allowed less than the M-2 zoning requirements. It really did not Make any difference wheti�er an office/�+►arehouse buildin� becomes all office as lonq as the developer can �eet all the requirements. The things that do r�atter are wiiether or not there is enough parking and if the development meets the zoning code for office use. The City need not be overly concerned about �vhether an office/��arehouse building was used for light retail or retail, because the marketplace was going to decide whether or tl�e building could su�nort retail. The market place will also determine whether it is office or office/warehouse space. Mr.Bureau stated that if the City sets up a code, they should set it up in such a way so that everyone is not running back to ti�e Planning Co�mission and City Council every time there is a slight change. Set up the rules so every- one knows the rules, so it would have to be a very unusual situation for people to have to come back to the Planning Commission and City Council for a change. t4s. Linda Fisher stated she was representing the owner and develo�er of the River Road Business Center. She stated they have worked with the City on the proposed ordinance change for the last several months and were at the last Planning Commission meetina where they basically gave their comments at that time. Again, she would like to state that the P.iver Road Business Center was basically in favor of the concept. They would like to comnend the City and Staff for a fine job. Ms. Fisher stated that regarding the building size, the restriction in the or�linance seemed to work with Mr. Belgarde's projects. They had to leave it up to the discretion of the Planning Comnission and the City Council as to whether it was too restrictive for other developers. Regarding the cor�ment from P•1r. Dick Harris about possible legal problems with special use nermits, her only comment was that there probably were some leqal controls the City could attach to special use permits that would deal with Mr. Harris' concerns. Ms. Fisher stated the only other comment she would like to make again was regarding the hours of operation. In her review of the existina ordinances, there were no hours of operation restrictions anywhere in the City. She did not see the need for any hours of operation restriction at all in this particular case. If, hou�rever, the Planning Commission deemed it appro�riate to have some hours, she would like to see the evening hours extended to at least 10:00 or 11:00 p.m. Mr. Dick Harris stated Mr. Bureau had brought up a ooint. Back before t{�e present zoning ordinance, they had what was called pyramidal zonina and that was essentially how it worked. If you had an �4-2 zone, you could do anythin� in an t1-2 zone that you could do in any of the other zones except buiid � PLAN�JI(�G C0�1!1ISSION MEETIIJG, SEPTEt�BER 16, 1987 PAGE 13 residential. That code served the City pretty well for a lot of years. Then, the Zoning Code got more cor�plicated, but the old code was probably a lot simpler way of handling things. P1s. Sarah Harder stated she was representina Winfield Develop�ent. 11s a leasing agent for the project, she was glad to see this proposed ordinance. She did think there were just a very few buildings that would qualify as far as having retail. She did not think it was meant for a lot of office/warehouse that are not in high visibility areas. tJith the new designs of the buildinqs today, the buildings lend more to office and warehouse and also maybe to some retail. '1s. Harder stated that regarding the hours of operation, especially with a Class II restaurant, it would be almost too restrictive for them to have to close at 9:00 p.m. They �•�ould serve lunches, but they would also want to pick up some night business. She would like to have the percentage go up as far as the percentage of the building--at least 400 of the bui?ding to be able to have sone kind of quasi-retail or whatever. The City Council would have the final say anyway, and she did not know how a higher percentage could hurt. Being located on University Avenue, they are very concerned th�t the design of the buildings be maintained and be very professional looking. Ms. Harder sta�ed that as far as the individual tenant size, she would like to see at least 6,000 sq. ft. Her basis for that was their bays run about 3,000 sq. ft., and if a tenant takes more than one bay, v�hich they generally do, they would like to be able to have that tenant go in also. Ms. Svanda asked �1s. Harder what her feelinqs were on the 35,000 sq, ft. issue. Ms. Harder stated siie did not think 35,000 sq. ft. was a bad nur,iber, tJot Many of the smaller buildings have the good access and good visibility that lend themselves to be retail centers. 7hat was not to say there weren't any, but it was not a concern to her as their building was 58,000 sq, ft. t�ls. Karol Andreasen, 5510 - 164 Lane N.W., stated she was with D& K, which was a catering and concession firsh. She had probably contacted all the developers at this meeting regarding putting in a caterinq establishment and delicatessan. She was at the meeting because she was interested in locating in one of these officeJwarehouse developments. As far as visibility, her whole concept was not to supply basically to the general public, but to supply to the tenants on location. She was looking for limited hours, because of her catering business; hov�ever, the hours did not make any difference to her. Ms. Sherek asked if the 3,000 sq. ft. restriction was overly restrictive for Ms. Andreasen's type of use. Ms. Andreasen stated if you are in the food business and are having a lot of people coming in and are ;strictly being a restaurant per se catering to the general public, then 3,000 sq. ft. was adequate. For her, she felt 1,000- 1,500 sq. ft. was adequate. It all depended on the type of restaurant. : PLAtJ�JI(�G C0�•1�1ISSIOt� �1EETII�G, SEPTE��BER 16, 1987 PAGE 14 Mr. Billings stated t4s. Narder had stated that the bays in the 1Jinfield Development were 3,000 sq. ft. Was 3,000 sq. ft. a fairly standard size? Mr. Bureau stated they were seeing more buildings cor�ing onto the market that have more flexibility built into them. Some bays are 60-90 ft. deep, but most bays are wider than 30 ft. A 30' x 60' bay would be 1,800 sa. ft., but a bay 30' x 90' would be 2,700 sq. ft. They do not get any larger than that. Tl�e great big bays have pretty much gone by the wayside. t�r. Dave Harris stated they have to remer�ber, though, that bays can be co�- bined so if a tenant has two 2,500 sq. ft. bays, the tenant is utilizing a 5,000 sq. ft. area. Mr. Dick Harris stated what they were really talkinq about was a corxnercial enterprise in an industrial zone. He was wondering how much input the City had gotten from the developers and owners of commercial proqerties. They migi+t be looking at this i� a different light. Mr. Billings stated the City had done all the usual means of advertisin4 this public hearing,plus direct mailings had been sent to all those peonle doing development in the City. In order to cone up with a base of commercial people, they made a presentation at the Chamber of Commerce also, and they have not had any conments from them. �1r. Robinson stated also some of the office/Y�arehouse developers are also commercial strip develop�rs and he has not received anv comments from those developers. �1s. Harder stated she did not think any of ther�►�Pre trying to turn their business centers into retail �all�. They are lookinn nore at thP �uasi- retail for the people who just pick up so�ething and leave, not for the ty�e of clientele wl�o will shop all day and go from one shop to another. She personally would not want a sit-do►��n restaurant in her center because the parking was so limited, but she might like a take-out restaurant. t�r. Betzold stated he thought the original rationale presented for this ordinance change was they ►vanted to provide some services for the immediate area--for the people working in these offices and warehouse districts, who would otl�e n��ise have to drive great distances to get errands done. That was a key point to keep in mind. As far as hours, he would think the businesses would probably go out of business if they tried to stay oper too lonq after their normal customers have gone home. Mr. Billings stated if.the Commission decided to go with no hours of opera- tion in the ordinance, when an application for a special use permit came through where they saw there was a specific need for hours of operation for a specific location, would they be able to tie operational hours to that special use permit? : PU�1�iJI1�G COr111ISSI0IJ MEETIi�G, SEPTE�4BER 16, 1987 PAGE 15 �4r. Robinson stated, yes, they could do that. Also, under the blanket special use permit for commercial retail, he did not believe the hours of operation would be an issue. The businesses would be there primarily to service the district and it would be natural for them to close when the district closed. For other things which require a separate special use permit, such as Class II restaurants, they could review those on an individual basis and if there was a need for specific hours, they could establish hours at that time. � �1r. Billings stated Dick Harris brought up the issue that the saecial use permit generally goes with the property. In Section 205.17.c,3,h, it stated: "All such uses shall only be considered on an individual, tenant specific basis." Was that saying the special use permit would die when that particular tenant left or what was the intention of that statement? 1�1r. Robinson stated all special use permits have to be issued to the fee owner but they f�ave issued special use permits to a specific tenant with the authorization of the fee oainer which would be the case in that statement. Ha�iever, i�e would be willing to do some checking on this with the City Attorney. MUTIOf� by Mr. Betzold, seconded by Ms. Sherek, to close the public hearina. UPOt� A VOICE VOTE, ALL VOTItJG AYE, CHAIRPERSOt� BILLINGS DECLARED TNE f107I0N CARRIEO UtdAt�IP•1QUSLY. Mr. Robinson stated one thing that has been raised at this meeting that has also caused him some concern was the gross square footage of the buildinqs. He believed it would be advisable to have a survey done to accompany this ordinance to the Planning Commission and then on to City Council that would give a good indication of the square footage of locations and square footages of buildings. He would propose the survey be limited to office/warehouse type buildings,which was the intent of the ordinance. �4r. Robinson stated that under 205.17.c,3a, reqarding a minimum gross floor area of at least 75,000 sq, ft. for small retail, he thought that might be a little excessive, but some research should tell them that. MOTION by Mr. Kondrick, seeonded by Mr. Svanda, to table further discussion on tFiis item until more information is received from Staff. Mr. Dave Harris asked why there should be any square footage requirer�ent if there is a percentage of the building allowed for this type of thing. Mr. Robinson stated Staff would like some direction as to whether the Planning Commission intended this ordinance to be for other office/industrial mixed use buildings with a special use permit or for all other mixed use buildings that do not have special use permits. There needed to be a key distinction between the two, because there are a lot office/warehouse buildings which are really warehouse buildinqs with little office. Some of the buildings are older buildings, and he did not think it was the Commission's intent to pro- vide commercial in those areas. : • PLAtJtJIl�G C0�1t4ISSI0t� MEETING, SEPTEMBER 16, 1987 P11GE 16 UPOt� A VOICE VOTE, ALL VOTItJG AYE, CHAIRPERSO�J BILLIDlGS DECLARED THE t10TI0N CARRIED UWANIMOUSLY. Ms. Fisher stated she did not want to cut short the Corr�nission's deliberations and would like the Commission to take as lonq as they need. However, they have been getting periodic calls from their clients as to the schedule. She stated it would be helpful if they had some dates when this t�ould come back to the Planning Commission and when it would go to City Council. �4r. Billings stated Staff and the Planning Co�mission have been workina hard on this for a couple of months. He stated the Cor�mission did appreciate the fact that revenues might be being lost. He did not think he could aive P4s. Fisher any specific dates, but it would be moved along as quickly as possible. Mr. Robinson stated the next Planning Commission meeting was October 7, and he felt Staff could provide the Commission with more information by that meeting. If any of the people in the audience had any further comments or clarification of this meeting, he would appreciate their submitting t�iose cor�ments to him within the next week. t4r. Dick Harris stated he would like some clarification as to whether the ordinance would just handle the office/warehouse mixed use type buildings versus the warehouse buildings with offices and manufacturing. He felt if they were going to allow commercial uses for one, they should allot it for them all, because they are all in the sar�e zoning. If the market was changing for the new buildings, it was also changing for the older, existing buildinqs. It would really be tough to delineate between which buildinqs are covered by the ordinance and which ones are not; and if the market would suaport a restaurant, for example, in a heavy industrial area, vrhy was it so wrong? Mr. Dick Harris stated Mr. Bureau's development was going to be across the street from some of his property. Mr. Bureau's building would be under this ordinance, t�lr. Harris stated that even though his buildings were right across the street, they would not be under this new ordinance. What was the difference between Mr. Bureau's market and his market? Mr. Billings asked if the easy solution for that was for Mr. Harris to come in and apply for a special use permit for unrelated office type things. Mr. Robinson stated that was possible in either the M-1 or M-2 zone. The key here was if there was really going to be office i.n the builci�ng. Was it really going to be a business service center, or was it going to be a manu- facturing warehouse with limited office and then cor.unercial coming in? Mr. Kondrick stated he thought the amount of office space in a building was the key. Mr. Robinson stated that needed to be addressed. He felt that when they look at the types of tenants that are in the office/warehouse buildings with a . . PLA�dNItdG COMt�ISSIOt� �1EETING, SEPTE�IBER 16, 1987 PAr,E 17 special use permit, versus some of the other buildings, they should be able to begin to draw some pretty good lines between what is a business center and what is a manufacturing/warehouse operation. Mr. Dick Harris stated that brought him back to the problem he had in the beginning of this whole thing. All these things they are talking about are under the same zoning. If they were going to do a�hat Staff was recor�mending, then the City better have a special zoning. t�lr. Robinson stated Mr. Harris had a good point about the fact that they are allowing one thing for a business in one zoning and not allovling for another business in the same zoning. t4aybe the problem could be handled through criteria. Playbe the criteria needed to be a little bit tougher and they should say that a building needed a certain percentage of office in order to qualify for additional commercial on one scale. On the other scale of development such as Mr. Harris' buildings that have some manufacturing and warehousing, if Mr. Narris wanted to apply for these special use permits,he could, but he could only have a minimum amount of manufacturing in order to balance things out. Another way, as suggested by Mr. Harris, was to create a new zone and rezone these properties. If the property was rezoned, then some tenants would have to leave because they would not be allowed in that zoning. P1r. Dave Harris stated he did not think they should create a zoning district within another zoning district. He thought that was one of the philoso�hies the City has had in the past--that there be no spot zoning. He thought that would be a real mistake and not beneficial to anyone. This ordinance was being proposed because of the requests of developers today, but he thought they should also be looking at some of the things that will be happening in the future. Many great big industrial buildings of yesterday now have other uses. Example: The Spaghetti House and the Prime Rib House in I�innipea, two of the choicest restaurants in Winnipeg, which used to be industrial buildings in an industrial district. These kinds of things could happen in Fridley, too, and they should not prejudge that they would not want a restaurant in an industrial district. t4r. Saba stated an important point that was brought up was that the market will decide whether or not someone wants to move into an industrial/manufac- turing district and open up a restaurant or a print shop to service that facility. Mr. Billings thanked everyone for coming to the meeting and for the valuable input. At this time, the Planning Commission has asked Staff to gather more information for the Commission's consideration at the next meeting. If those in the audience wished to come back to the next meeting, they were welcome to; but the City Council would also have a public hearing on this and they would have the opportunity to provide input to the City Council at that time also. . ,. PIAPdNING COf�t1ISSI0Pd t�EETING, SEPTEMBER 16, 1987 PAGE 18 5, RECEIVE AUGUST 13, 1987, HOUSING & REDEUElOPP1ENT AUTHORITY MINUTES: t40TI0N by Mr. Kondrick, seconded by Mr. Saba, to receive the Aug. 13, 1987, Ho s niu g& Redeveloprnent Authority minutes. UPUt� A VOICE VOTE, ALL VOTI�JG AYE, CHAIRPERSO�J BILLIWGS DECLARED TNE ��IOTION CARRIED UN{i��IMOUSLY, 6. RECEIVE AUGUST 18, 1987, ENVIRONMENTAL QUALITY COMMISSIO�� NINUTES: MOTIOW by t1r. Svanda, seconded by Mr. Kondrick, to receive the Aug. 18, 1987, En Zv ronmental Quality Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLAP,EO THE �10TION CARRIED UtJANI�40USL.Y. 7. RECEIVE SEFTEMBER 1, 1987, APPEALS COM��IISSION MINUTES: MOTION by Mr. Betzold, seconded by Mr. Svanda, to receive the Sept. 1, 19£37, pA rieaTs Commission minutes. UPON A VOICE VOTE, ALL VOTI�JG AYE, CHAIRPERSON BILLIt�GS DECLARED THE MOTION CARRIED UtdANIP10USLY. � ADJOURNMENT: MOTIOPd by �4r. Betzold, seconded by Ms. Sherek, to adjourn the meeting. Upon a e vote, all voting aye, Chairperson Billings declared the Sept. 16, 1987, Planning Commission meeting adjourned at 9:45 p.m. Respectfully submitted, � t--�:-z.t . 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"'"�"�: ;'�; �� ' , ��. . . .,-=� :�`''� `� a, , , � .. -1� � - � .�,1. � � � t: � , . ,,,� � �►- . - w...+ � i " 1C ♦ '.�iE f�� -�'� . �. !�i�g¢� , ��t''� `R' 1 t ' � � ;1 ._ `..1�„�. 1 i� � � �� '.� � ` + � � : r..'�i 'r.'""r...� ,� a ! • � . � "�t .��. } � '`� � ; �� .. . ,� �• ' - '�� '�' ' f� ��r ; ' 4. d i � � ,� � -•�.�� .:: , F - � AERIAL MAP LIGFiT TRUCKS NIEDIUN TRUCKS f�EAVY TRUCKS TRI�I LERS SP #87-17 Central Roofing � CEI�fTRAL ROOFZi�iG COMPANY VEHICLE LIST 4 PICK-UP TRUCKS 1 STAKE TRUCK 1 FATCH TRUCK 1 PANEL TRUCK 1 DUMP TRUCK 5 TANKER TRUCKS 3 BOOM TRUCKS 1 TRACTOR 20 VAFtIOUS TF2AILGRS : 1� � • SP �7-ll STIFLLAIlQVS : 1. PLL TAR TANKER TRUCKS AND I�TTLES W ILL BE PARKED (Fq� BOTH LONG AI� SHCRT TERM DURATI ONS) ON THE NORTHWEST OORI�ER CF �l-IE SI TE AS I NDI CATEO ON THE S i TE PLAN LIATED SEPTEMBER 16, 19ttT. 2. EM I SS I UNS OF TAR ODORS FRCM C�NTRPL FZOOF I NG S( TE AND ABUTT I NG R f GHT OF WAY TO BE MANAGED I N SUCH A WAY AS NOT TO EXCEED THE LEVELS STATED l N ODOR 8�i I SS I ON TEST REPORT BY iW I N CI TY I EST I NG QATED MAY 4, 19ti7. 3. THERE WILL BE NO HEAT1 NG' OF TAR I N TANKERS OR KETTLES ON THE CENTRAL ROOF { NG S{ TE �R ABUTT { NG R I(�-IT CF WAY . � 4. THE EN1/ I RO(WIENTAL ASSESSMENT WORKSHEET (F�W). PREPARED BY G�NTRAL KOCF I NG DATED SEPTEMBER 16, 1981, WILL BE CONSIDERED FINDINGS OF FACT RELATED TO THE (�2AJVT 1 NG OF SPECI AL USE PERM I T. SP �87-1 !. ENV I RONNENTAL IMPACTS DUE TO (�NTR/�L. RaOF I NG OPERAT I ONS. BEYOND T}iOSE DESCR I BED 1 N S�A 1 D E�W. MAY BE CAUSE FCR REVIEW AND REVOKATION OF ZHE SPECIP� USE PERMIT. 5. STORA(� OF MATERIALS AND EQUIPMENT SHALL BE MANAGED SO AS NOT TO BE VISIBLE FRCM 1HE PUBLIC R1t�T CF WAY CR RESIDENTIAL VIEW. 6. PROV I DE HARDSI�ZFACE PARKI NG AND CONI�ECTIVE DR I VEWAY BOTH W I TH CURB AND GUTTER; PRICR TO OCCUPANCY OF PROPOSED OFFICE BUILDING OR BY OCTOBER 1. 198t3. WH I CNEVER CCNIES F I RST. 7. RESOD AND PRONIDE LANDSCAPING ALONG WITH AUTOMATIC SPRINKLINf IN AREA BE�fWEEN M41 N STREET AND SCREEN I NG FENCE TO BE I NS7ALLED BY OCTOBER 1, 1988. THE CITY RESERVES THE RIC�iT 70 MODIFY THE PLAN IN Of�DER TO MAKE IT CONSISTENT WITH PROPOSED LANDSCAPING BY RUBBER RESEAR� TO SOUTH. S. A PERFCF�MANCE BOIVD OR LETTER CF CREDt T FCR $15,�0(d TO BE PROi!/ I DED TO THE CITY. TO COVER OUTSIDE IMPRCIVBNENTS, PRIC�2 TO OCCUPANCY C� 1HE SITE. 9. SPEC I AL USE PERM I i' COMPL 1 ANCE TO BE REV I EWED BY PUBL I C HEAR i NG I N OCTOBER. 1988. CR SOOI�ER W I TH FaRMAT SPEC { F 1 ED BY THE C I TY COUNC { L I F VICLATION OF ANY CONDITION(S) IS REPORTED. � � c��nroF FRlDLEY I�END � : I�.�:i�=:1�. IR�.L� �Onl1MLiNITY DEVELOPMENT DEPARTIV�ENT M EMO RAN D UM Nasim Qureshi, City Manager NENI� FROM: Jock Robertson, Conm�,a�ity Develognent Director NEND II�1TE: August 20, 198'7 R�ARDING : Central Roof ing Odor Test On Wec�esday, August 19, 1987 at 3: 30 p. m. the odor test designed by Ztain City Testing was repeated by the follvwing panel members: Co�cilmanber, Nancy Jorgenson Pl anning Co�nission Ct►ai nnan, Steve B ill ings Code Enforarnent/Planner, Lisa Campbell President of Central Roofing Co., Anthoriy Spigarelli R�ltor, Janes Benson Director of Conun�anity Develognent, Jock Robertson The results of this field test were essentially the same as the earlier field test conducted by Twin City Testing on April 27 and April 28. A southwesterly breeze was blaaing at about 10 m.p.h. 7he panel was p�sitioned at 50 foot intervals on the front lawn of hames on Main Street directly across the street from the CEQO property. They were able to detect the asphalt odor frcxn the two trucks that were heated to a temperature slightly over 300 degrees. The odor lasted between 5-10 seconds and was of the intensity similar to the odor fram a diesel truck or bus. After the trucks were g�rked on the western edge of the property, the panel then walked tvward them and was not able to detect the odor fram the trucks until they were within 50 feet. Based on these results together with the review of the oompleted EAW and the c3escription of the proposed activity, the City Co�cil should be advised to decide whether to oontinue the 30 day errvironmental review process through the State register and secondly to set a date for a public hearing. At the hearing the Council would revi�a the permit applications and set stipulations for the permit laased on the findings of the EAW, the field odor testing and Central Rpof ing's description of the prop�sed activity. • .� N�-87-17 5 0 � � A13y µ, 1987 C�ntral Roofing Company 3315 Seconc� Street P:orth riinneapolis, Minr.esota 55412 At*_n: �Ir. Anthony Spigarelli.• P:esident Subj: Odor Survey, rridley Site �4231 87-710 Dear Mr. Spigarelli: SP # 87-17 Central Roofing tuuin c�t� CesCinq corporation 662 CROMWELL AVENUE ST. PAUt, �MN 55114 PHONE 612l645•3601 0 Twin City Testing Corporation (TCT) conducted a subjective•odor survey at the site in Fridley, Minnesota to which Central Roofing'Cor�pany (CRC) is proposing to locate its present operations (offices and vehicle parking and . dispatch). This survey was conducted as per our proposal dated Apri1�24, 1987. A more detailed report including methodologies and results is being provided under separate cover. In brief, the survey was conducted as follows. ° The survey was conducted on N,onday, Tuesday �nd Wednesday (April 27-29, 1987) during the period of approximately 1:45 - 3:15 p.m. � CRC activity on the site (on Monday and Tuesday) consisted of two heated tank trucks parked at the rear (northkest portion) of the site, and one heated tank truck being driven out of and returr.ing to the site. This represents the typical activity during the afternoon period, according te CRC; however, the tank trucks contained more asphalt and were heate3 to a temperature higher than would be the case during the return of the trucks to the site under regular operations, according to CRC. ° TCT personnel were positioned along the resi- dential (east) side of Main Street as the tank truck made four passes and for a one-hour period thereafter, with the tank trucks re- maining at th� rear of tne site. nN EOUAI OPPORTUNITV Et�APLO�'ER : . . .. Central Roofin� Company May 4, 1987 Page Two p4231 87-710 � SP #87-17 8� Central Roofing:� � Subjective odor recordings were noted by TCT personnel at one minute intervals. In addition, observations of background odors and odors not related to.CRC activity were noted. - ° On Wednesday, there was no CRC activity. Three cold tank trucks were parked at the'rear of the site. TCT personnel were stationed as per above and con- ducted a one-hour odor observati�n program. This was done to determine other odor sources potentially affecting the adjacent residential area. The above survey is subjective and no quantification was possible, due to time limitations and other complicating factors. However,� the survey is similar to odor panel methodologies utilized by the Minnesota Pol?ution Control Agency_(MPCA). The use of personal odor detect�on does effectiyely . represent how adjacent residents would perceive odor problems associated with the proposed CRC activity. , Durir�g the three-day survey, the only asphaltic odors noted by TCT personnel positioned along Main Street.were associated with the tank truck passing by the personnel. The odors were moderate but only transient (perhaps 2 to 3 seconds). With the tank trucks parked on site, no noticeable asphaltic odors were noted tiy the personnel positioned along Main Street. In addition to the survey for odors along Main Street, TCT personnel made general odor observations relative to the Rubber Research Elastomers� Inc. and other industrial activities adjacent to the site. Some sulphitic� grain or food processing. and solvent odors were noted and these were also noted periodically by the personnel as they conducted the survey along Main Street. The sulphitic odors appeared to originate from Rubber Research Elastomers, Inc. and were observed by TCT personnel to be more noticeable and irritating than the asphalt odors, when observed. • �In general, climatic conditions during the survey were clear, warm and windy, with winds ranging upward to 20 to 30 mph and quite variable in direction. These conditions are fairly typical of summer conditions. Higher temperatures and humidities associated with summer periods should not significantly affect odor emissions from the site. , Central Roofing Company *lay 4, 1987 . Page Three //4231 87-710 SP #87-17 Central Roofing 8� TCT personnel also qualitatively assessed the degree and extent of odor emissions downwind from the parked heated tank trucks. With strong winds, the odor was detected consistently no more than approximately 50 meters downwind. When the trucks were unheated, only faint odors were detected and only within a few feet of the trucks. Based on the above results, TCT's professional opinion is that those odor emissions (from CRC activities) likely to generate residential complaints • are only those associated with the passage of heated tank trucks onto or out ' of the site. These emissions would be transient and infrequent. It should be noted that the tank trucks used during the survey contained more asphalt and were hotter than would be typical, according to CRC. Therefore, the trucks would be expected to have generated a higher level of emissions than would be the case during regular operations. .' This opinion in no way implies or indicates any°guarantee or warxanty + relative to future odor complaints from the r.esidents or other businesses in the area or to the outcome of any regulatory decisions. The results are only applicable to the conditions� dates and times of the testing programs. Other odor sources are present in the area and are likely to impact the residential area. In addition, unique meteorologic conditions highly different from those during the survey may affect odor impact on the residential area. Should you have any contact me. A more separate cover. Very truly yours, questions or require additional information� please detailed report of results and methods will follow under Twin City Testing Corpor.ation `� � � J Keith C. Govro, M.S. Project Manager iV��iti't/'� - !7�' � Charles A. Job, Manager Environmental Department KCG/CAJ/sjo : � EAW F��M INSTRUCi'ION� FOR ASSISTANCE 1. Guidance documents: EAW Guidelines — available to anyone invo{ved with EAW preparation: Guide to the Rales — available to governmental u�its to assist them in complying with the requirements of the environmental review program. -. 2. To conta�t EQB: in the metropolitan area dial 296-$253: in the non-metropolitan area dial 1•800-652•9747 and ask for EQB, c.nvironmental review program (toll-free). INSTBUCTIONS TO RGiJ BEFORE P�EPARING EAW I. The environmental review process must be completed prior to giving any final approvals to the project. See page 24 of the Guide to the Rules for guidance. 2. Is the project in more than one mandatory category of 3.038 and 3.039 with different RGUs? If it is, you must contact the other potential RGU to mutually decide who will be RGU. For example, many residentiai projects are also in category 3.038Q., sewage systems, for which the Pollution Controi Agency is RGU. Refer to page l0a of Guide to the Rules and 3.024E.2. of the rules for furtfier guidance. 3. Is the project part of, or the initial phase of, a larger project to eventually be constructed? 1! it is, the project may be a "phased action". Refer to page 40 oi Guide to the Rules and to 3.028F. of the rules for guidance. The EAW must cover the entire project if phased actions are involved. 4. Is there any other project planned to occur nearby at the same time. or will the project induce construction of another project? If so, "related actions" may be involved. Refer to page 40 0( Guide to the Rules and to 3.028E. oE the rules Eor guidance. The EAW must address the cumuiative effects aF related actions. INSTRUCTIONS FOR USE OF EAW FORM EXCEPT IN EIS SCOPING (SEt REVERSE SIDE FOR USE IN SCOPINGj 1. The RGU is responsible ior the preparation of the EAW including verifying the accuracy of the information. The RGU may have the project proposer supply any information to which he has reasonable access for the EAW. 2. Mark the box indicating that the document is a regular EAW. 3. Afl questions must be answered. Provide ai1 inFormation which is reasonably accessible. Attach additiona{ sheets as nec- essary. EXPLAIN YOUR ANSWERS WHERE CALLED FOR. 4. Describe any measures to mitigate potential effects which are incorporated in the project design or which will be re- quired. 5. The RGU certification must be signed by an official or agent of the RGU. 6. Distribute the document properly, using the official EQB distribution list. See page 30 of Guide to the Ru1es and 3.02�D. of the rules for guidance. ' 7. Provide a press release as required by rules section 3.027D. within five working days of submitting the EAW to EQB. See page 32 of Guide to the Rules Eor guidance. 8. For in(ormation on the start ot the comment period (it siarts upon EQB Monitor publicationy ca{I EQB (phone number given above). AFTER THE COMMENT PERIOD: MAKING THE EIS NE�D DECISION Guidance in making the decision on the need ior an EIS can be found in rule section 3.028 and chapter V1 of the Guide to the Rules. beginning on page 35. : � � INSTRUCTIONS FOR USE OF FORM IN EIS SCOPING 1. Mark the box indicating that the document is a Scoping EAW. 2. Indude a notice of the time, date, and place of the scoping meeting with all copies of the EAW. The meeting must be held at least 15 working days aker the notice is published in the EQB Monitor. Coniaci EQB regarding the publication date. 3. Respond to aU questions. Attach additional sheets as necessary. If an answer is presently unknown and the topic will be addressed in the EIS, brie(ly describe the information and/or analysis to be provided in the E[S. 4. List alternatives: environmental, economic, and sociotogical eHects: and mitigation measures planned for study in the EIS in the Summary of lssues Section. Briefly describe proposed data gathering and analysis methods, iF known. See page 42 of ihe Guide to the Rules for additional assistance. Give consideration to preparing and distributing a drak scoping decision with the EAW. See pages 42-44 and 45-48 of the Guide to the Rules for guidance. 5. The RGU ceriification at end of form must be signed by an official or agent of the RGU. 6. Distribute the document and meeting notice properly, using the official EQB EAW distribution list. See pages 42 and 32 of the Guide to the Rules for guidance. 7. Provide a press relPase as required by rule section 3.030C.1.a. within five working days of submitting the EAW to EQB. AFTE� THE SCOPING PERIOD: MAKING THE SCOPING DECISION AND PUBLISHING TH£ EIS PREPARATION NOTICE Guidance in making the scoping decision can be Eound in ru(e section 3.030E. and beginning on page 45 in the Guide to the Rules. The EIS preparation notice is covered in section 3.030F. and on page 49 0( the Guide to the Rules. E.R.' (filled in by EQB) Environmental Assessment Wor�sheet (EAW) 5/ � MARK APPROPRIATE BOX: � REGULAR EAW ( Discretionary) ❑ SCOPING EAW NOTE TO REVIEWERS: For �egular EAWs, u+ritten comments should address the accuracy and compieteness o( the EAW information, potential impacts that may. warrant investigation and/or the need for an EIS. For scoping EAWs, written com- ments should address the accuracy and completeness of the information and suggest issues for investigation in the EIS. Such comments must be submitted to the Responsible Government Unit (RGU) during the 30-day period toliowing notice of the EAW's availability in the EQS Monitor. Contact the EQB (metro: 612J296-8253: non-metro: 1-800-652-9747, ask for envi- ronmental review program) or the RGU to find out when the 30-day comment period ends. 1. Project Name 4500 Main Street NE 2. Proposer A. Spigarelli 3. RGU City of FY�idley 4. �. Contact Person Address 3315 Second Street North Minneapolis . I�v 55412 Phone 588-0745 Contact Person J]m RObinsOn and Title Planninq Coordinator Address 6431 University Ave (VE FY'idley, NIIV 55432 Phone • 571-3450 Project Location: SE �/� SE �/s Section 27 Township 30 N Range 24 W a. County Name Anoka City/Township Name F`L'1d12y b. Attach copies of each ot the following to the EAW: 1. a county map showing the general area o( the project. 2. a copy(ies) of USGS 7� /z minute. 1:24.000 scale map. , 3. a site plan showing the location of significant (eatures such as proposed structures, roads, extent o( (lood plain, wedands, welis, etc. 4. an existing land use map and a:oning map of the immediate area, if avai{able. Describe the p�oposed project completely (attach additional sheets as necessary). The offices, warehousing and outside storage of Central Roofing Cor�any (CRC) would be moved to the site. At present site is used for light manufacturing and outside storage of building materials and vehicles. CRC would fabricate sheet metal accessories in existing building. (Assembly for use in field.) At sometime in the future CRC w�ould apply for a pennit to build a new office. � 6. Reason for Er1W preparation: Recruired bv Jim Robinson -- 7. 8. 9. 10. 11. List al) mandatory category rule "'s which apply: Discretionarv Estimated const�uction cost None Total project area (acres) 5. OS or length (miles) Number of residential units none or commercial, industrial, or institutional square footage Number of proposed parking spaces 15 List all known local, state and federal permits/approvals/funding required: Level of Government Type of Application Status • Federal: State: None None I.oca1: Fridley Special use pernut required for outside storage. 1 2. Is the proposed project inconsistent with the local adopted comprehensive land use plan or any other adopted plans? � No ❑ Yes lf yes, explain: 13. Describe current and recent past land use and development on and near the site. � Heavy Industrial. This site is used for manufacturing and storage. Adjoining paracels are similazy used. Large railroad yard to west. 150 foot setback from Main Street on east. 14. Approximately how many acres of the site are in each of the following categories? (Acreages should add up to total project area before and after construction.) Before Forest / Wooded �_ Cropland �_ Brush�grassland �_ Aher Before Aker �— Wetland (types 3-8) —�— �_ �_ Impervious Surface _Q._ � �_ Other (specify) _5r_Q5... `� n5 1 S. Describe the soils on the site, giving the SCS soil classi(ication types, if known. class v 16. Does the site contain peat soils, highly erodible soils, steep slopes, sinkholes, shallow limestone formations, abandoned wells, or any geologic hazards? If yes, show on site map and explain: 17. What is the approximate depth (in feet) to: a. groundwater 4� min. 4� avg. b. bedrock �_min. avg. . Source is Anoka County - Joel #757-4224 : �k �A^� �� a^�2.'� a�t �uw�, C�1 /7�..� ..rr. � c.w.�te^`.� �..+-�t-- <ib y c c ali 4• Urban Zoning � No ❑ Yes 2 1.�. Does any part o( the project area involve: a. shoreland zoning district? No Yes b. de{ineated 100-yeat fiood plain? No Yes c. state or Eederally designated river land use district? NO Y� f E yes, identify water body and applicabie state classification(s), and describe measures to protect water and related land resources: 19. Describe a�y physical alte�atio� (e.g., dikes, ezcavation, ftl, stream dive�sion) of any drainage system, lake, stream, and/or wetland. Describe measures to minimixe im- pairment of the water-related resources. Estimate quantity of material to be dredged and indicate where spoils will be deposit¢d. 2�. a.Wilt the project require an appropriation of ground or surface water? If yes, exp{ain (indicate quantity and source�: b.Wil4 the pro�ect aHect groundwater levels in any welts (on or oH the site)? tE yes, ex- plain: 2 1. Describe the erosion and sedimentation control measures to be used during and aker construction oF the project. �lone � No ❑ Yes � No ❑ Yes None Stc� wa�t �; P1,,,..,_. k;uCQ ..lNe [l�a.'r�+�^°��--' �� h�^ ° 22. a. Will the project generate: w��yu.,�G.�� 1. surface and stormwa�er ru�ofl? '� M�%'`�"� �"�" No Yes 2. sanitary wastewater? No Yes 3. industrial wastewater? No Yes 4. cooling water (contact and noncontact)? X No Yes If yes, identify sources, volumes, quality (if other than normal domestic sewage►, and treatment methods. Give the basis or methodology of estimates. b. Identify receiving waters, including gsoundwater, and evatuate the impacts of the discharges I��ted above. If discharges to groundwater are anticipated, provide per- colation/permeability and other hydrogeological test data, i( available. Z�. Will the project generate (either during or aher construttionl: a. air pollution? b. dust? c. noise? d. odors? If yes, explain, including as appropriate: distances to sensitive land uses: expected lev- els and duration o( noise: types and quantities of air pollutants Erom stacks, mobile sources, and fugitive ¢missions (dust►: odor sources: and mitigative measures for any impacts. Give the basis or metfiodology ot ¢stimates. None No No No No Test conducted of �rabile sources indicates no measurable odor units. Yes Yea Yes Yes : 3 ��. Describe the type and amount of solid and/or hazardous waste including siudges and �� None ' ashes that will be enerated and the method and location ot disposal: 9 � y�,� ,(ye�,C�.1 2 S. Will the project aHect: a. fish or wildlife habitat, or movement o! animals? b. any oative species that are officially listed as state endangered, threatened, or of special concern (animats and/or piants)? [(yes, explain (identify species and describe impact): 2 6. Do any historical, archaeological or architectural resources exist on or near the project site? IE yes, explain (show resources on a site map and describe impact): 2 7. Will the project cause the impairment or destruction ot: a. designated park or recreation areas? b. prime or unique farmlands? c. ecologically sensitive areas? d. scenic views and vistas? e. other unique resources (specify)? If yes, explain: 2(7. For each affected road indicate the current average daily traKc (ADT), increase in ADT contributed by the project and the directional distributions of traHic. � No ❑ Yes � No ❑ Yes � No ❑ Yes X IVo Yes No Yes No Yes No Yes No Yes Current traffic count is 4500 per day on Main Street per NIlV DOT - Dupley Gjersvig #296-1664. Central Roofing Company's average daily count is 25 (in and out). This is 0.5$ of current AaT on Main Street. � 7• Are adequate utilities and public services now available to service the project? If no.t, what additional utilities and/or services will be required? � N° � Yes Summary of Issues For regular EAWs, list the issues as identified by "yes" answers above. Discuss alternatives and mitigative measures for these issues. For scoping EAWs, list known issues, alternatives, and mitigative measures to be addressed in EIS. #29 - Al1 utilities needed are in. #24 - As discussed in meeting with Jock Robertson and Virgil Herrick, roofing �sphalt is the same product as road asphalt but has a somewhat lower softening point. It is not a carcinogen and poses no threat to groundwater. Most roofs in the USA drain directly to the ground. Roofing shingles utilize the same product that we use. '�' � -- {(Ln� �l�uC�"M�{ fvlQltl�1)4,u.a.A7nt'�i Ql�c. CQQa�..c�. u:�fho� �, i..u. c�. ,bv��0'. .�^.ti.tiu,'�9' a�� eQr��,.�A..� c*�C�� .�•� �- a.� �� CI�:.p�«� ha,+�.�e.'�r. Qs�.bw� ...� A�.�poz,�l. cb n# 11a►�t� �.,.d r.a, �..,�til t�►�.._ tv��wu�l., � mP�'A � t. (L�.c.�k �'au� � (i�.cc ao,�u,..., ►u: c.Qrb�,.�.+.� � n� � hlti� Wl�� CERTIFICATION BY RESPONSiBLE GOVERNMENTAL UNIT 1 hereby certify that the information contained in this document is true and complete to the best of my knowledge and that copies ot the completed EAW have beeri made available to-all points on the official EQB distribution list. Signature Date �-�-.�`-"— Title 0 � PLANNING DIVISION � � MEMOR,ANDUM u�roF FRJDLEY I�END ZO: city Cou�cil Jock Robertson, Commu�►ity Develognent Director I�ENi� �tOM: J im Robi nson, Pl anni ng Coor di na tor � h�I�D Lt�TE: Sept�nber 23, 1987 R�ARDING : Henl ey Lot Spl it On Sept�nber 16, 1987 the Planning Comnission reviaaed a lat split request by Mr. Willi�an Henley at 6300 Baker Avenue. Denial of the subdivision was reoannended by staff due to insuff icient lot width (60 ft. vs. 75 ft. ) in an area of predominantly 90 foot wi3e lats. �e PlanninqComnission tmanimaasly reoomnended denial a�E the lat split for 60 feet and further gassed an additional motion stating that even a 68 foot wide lot, which Henley v�uid prwide, would not pe aoceptable. The request is further v�mglicated by the fact that the area is a natural depression which oollects and percolates storm water from the adjacent properties. Public Works is v�nverned that a structure placed in this area would create drainage problens for the abutting properties. • .� M-87-193 � l J � a L SO p 1 �V� /� ! ssn),� o (/i3p)C N% C�j� f i � �� O, �j (r.avl �� f �a H� �.�� " Ir.�D� ° ///IQ � �� • h N ` s�E � cm1 N /iaoJ 1'0 /So � N� p /i09o) ,}JJO R ( n � � � . �3 , �„oo� Cf�J rGeo,�j o ,v� � ' o (�o�el �') (�a�) , ` J� C,�>9 `�' , ' (ioAU rj y� � S� /lo . � 64 TN � ��ti� ; �7Joj \ w (�o�(rl ' rO � Q o �l o � w 6 w L��o � o VE. N. E, i 10 � '� �,�) 64) (�•1 �w1 � � � 23� _�► . � L.S. #87-08 �•]illiam Henley �i,l � u � �s'� C�� aQ � �I I � � ' A� � � � i 4 /A i �/ �1 = 2 I . � � i � ! i I� 1 � � :,' v' � i P.: �!O - ---� � /ier I �q() ,°r (�� O �� ,) � 1 � h O . p �o OUTLOT/ 7S � . rr. � W ,�►8 � r. Q , �s �s (/.lo�I�� c°� � °` � ,�y�i --'-p= � s�os /so o u.«,w►;,.✓� , - • � Q 9 3 � •�ItH twvA�.Jy o ' • YI � i N. 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W W Z N ' ►- � g � . `"' S W � N �� o � ` ( �o st6`�, \ ��, - =-140. 36 - - + h ��'` N 88 46 34 W ^� i .y► �--140.36--' � o � 01,� � p, 9� e ►` N P0 �D�• �j �6 tr �(*�' a� `7T�t �' ' rL i p . i y —r ,��y2 �Z A0 � W � 6� o I = � 1- J 96•, � c� - '� _� ��o � O DENOTES tRON MONUMENT ALL BEARINGS AS5UME0 SCALE � t'�= 50� S tTE PLA N �Q,ViIQ� N�. _ — 198'1 RFSQ�'IQ�I AUt4�CRIZII�U AN A�REH�NT B8� THE CITY � FR�,LY AI�D '1�E AlIHI9ESOT2l DEPARZi�IENT � TRANSPORTATION (1�II�D(71� FCR 7� �S'II�.TIOTT� REVISIaN� MAIN�CE AI�D OPERATION OF AN F�IBRGENCY VEHICLE TRAFFIC CONTROL PRErS�TIQd SYSl'Pi�i (EVP) AT VARI�S II�CTIQV'.S Q�i S't'A'iE TA�R HI(�Y 65 Wt�REAS, �e Fridley Fire Departrnent has determined that certain signalized intersections in Fridley should be equipped with EVP; and WHEREAS, the EVP installations saould be in the interest of the safety and the general w�elfare of motorists and pedestrians; and WHERF�IS, MnDot has prepared an agreHnent, No. 64319, authorizing installation of the EVP system on State Trunk Highway 65 at Osborne Road, 73rd Avenue N.E., Rice Creek R�oad (63rd Avenue N. E. ), West Moore Lake Dr ive ( 57 th Avenue N. E. ) and 53rd Avenue N.E. NCW, 7�IEREFORE, BE IT RFSCLVID THAT, the City Council of the City of Fridley hereby authorizes the proper City officers to execute said agreenent No. 64319 between MriDot and the City of Fridley. PASSID AI�ID ADOPTID BY THE CITY QOLTI�II, CF THE CITY OF FRIDLEY THIS DAY � SEPTET'�ER, 1987. WILLIAM J. NEE - MAYOR AZ'1'EST: SHIRLEY A. HAAPALA - CITY CLETdC 3/2/21/1 � FIRE DEPARTMENT MEMORANDUM DATE: September 16, 1987 MEMO T0: Nasim Qureshi, City Manager 87-9-3 FROM: Robert Aldrich, Fire Chief RE: Opticom Agreement Attached are three copies of an agreement with MnDot allowing the installation of the "Opticom" Emergency Vehicle Pre-emption on State Trunk Highway 65. Included in the agreement is the necessary resolution by the City Council authorizing this agreement. Please have this agreement authorized and executed so as to preclude any problems with this phase of installation. Thank you for your assistance. RDA/el Attachments 9A 9B MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 64319 BETWEEN THE STATE OF MINNESOTA� DEPARTMENT OF TRANSPORTATION AND THE CITY OF FRIDLEY� MINNESOTA FOR Construction� Revision, Maintenance, Operation and Removal of Emergency Vehicle Traffic Control Signal Pre-emption Systems on Trunk Highway No. 65 at Osborne Road, 73rd Avenue North, Rice Creek Roaadt53rd Avenue North,inWFric3leyreAnoka County57th Avenue North), a Minnesota. C..S. 0207 (T.H. 65) Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE City of Fridley S6,400.00 AMOUNT ENCUMBERED None Otherwise Covered 1 �� C'1�7 THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and the City of Fridley, hereinafter referred to as the "City", WITNESSETH: WIiEREAS, the City requests and the State agrees to provide the Emergency Vehicle Pre-emption control and interface equipment as a integral part of the City installed cables, detectors and lights for the Emergency Vehicle Traffic Control Signal Pre-emption Systems, hereinafter referred to as the "EVP" Systems" for the traffic control signals on Trunk Highway No. 65 at Osbarne Road, 73rd Avenue North, Rice Creek Road (63rd Avenue North), West Moore Lake Road (57th Avenue North), and 53rd Avenue North in the City as hereinafter set forth; and WHEREAS, pursuant to Minnesota Statutes, Section 161.39, the Commissioner of Transportation may upon request provide technical and engineering advice, assistance and supervisian to any county or municipality; and WHEREAS, the materials, equipment, labor and miscellaneous items necessary to construct, operate, maintain, revise and remove said EVP Systems shall be at the sole cost and exp�nse of the City; and WHEREAS, the City and the State will share in the construction, revision, maintenance, operation and removal of EVP Systems as hereafter set forth; 64319 -1- V`V • � NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The State shall provide and install or cause the installation of the Emergency Vehicle Pre-emption control and interface equipment for the EVP Systems for the traffic control signals on Trunk Highway No. 65 at Osborne Road, 73rd Avenue North, Rice Creek Road (63rd Avenue North), West Moore Lake Road (57th Avenue North), and 53rd Avenue North. 2. The cost of all labor, materials, and equipment required to complete the work shall constitute the actual "Construction Cost" and shall be so ref�rred to hereinafter. 3. The estimated Construction Cost for the State force account work for the EVP Systems is $6,400.00 ($1280 per intersection). City's share is 100 percent. 4. Upon execution of this agreement and a request in writing by the State, the City shall advance to the State its share of estimated Construction Cost. S. Upon final computation of the City's share of the actual Construction Cost, that amount of the funds advanced by the City in excess of its share will be returned to the City without interest and the City agr�es to pay to the State that amount of its share which is in exces� of the anount of the funds advanced by the City. 6. Emitter units and the FVP Systems provided for in Paragraph No. 1 hereof which are added to an existing traffic 64319 � � 2' N (� 9E signal on a State Trunk Highway or to a traffic signal maintained by the State shall be in accordance with the following conditions and requirements: a. All modifications, revisions and maintenance of the EVP Systems consi�ered necessary or desirable� for any reason, shall be do�e by State forces, or, upon concurrence in writing by the State's Traffic Engineer, may be done by others 311 at the cost and expense of the City. , b. Emitter units may be installed and used only on vehicles responding to an emergency as ' defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. Vehicle emitter units used in the City shall be installed only undet a City permit approved by the State's District Engineer or his duly appointed representative. c. The City shall maintain and require others using the EVP Systems to maintain a log showing the date, time and type of emergency for each time the traffic signal covered hereby is actuated and controlled by the EVP 64319 . -3- �� F Systems, and that said logs shall be made available to the State upon request. Malfunction of the EVP Systems shall be reported to the State immediately. d, In the event said EVP Systems or components arP, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the State, the State shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, the field wiring, cabinet wiring and other components shall become the property of the State. All infrared c3etector heads and indicator lamps mounted external to the traffic signal cabinet will be returned to the City. The detector receiver and any other assembly located in the traffic control signal cabinet, which if removed will not affect the traffic control signal operation, will be returned to the City. 64319 -4- � \/��' e. All timing of said EVP Systems shall be determined by the State through its Commissioner of Transportation. 7. Upon proper execution by the City and State, the EVP Systems for the traffic control signals on Trunk Highway No. 65 at Osborne Road, 73rd Avenue North, Rice Creek Road (63rd Avenue North), [aest Moore Lake Road (57th Avenue North), and 53rd Avenue North shall become a part of Signal Maintenance Agreement No. 1887-R between the City and State covering operation, revision, maintenance and removal of EVP Systems by State forces at the cost and expense of the City. 8. Any and all persons engaged in the aforesaid work to be performed by the State shall not be considered employees of the City and any and all claims that may or might arise under the 47orkers's Compensation Act of this State on behalf of said employees while so engaged, and�any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and resaonsibility of the City. The State shall not be responsible under the V]orker's Compensation Act for any employees of the City. 64319 -5- � �� ' � APPROVED AS TO FORM: City Attorney CITY OF FRIDLEY By � Mayor (City Seal) By City Manager STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOh]MEND FOR APPROVAL: DEPARTMENT OF TRANSPORTATION By District Engineer Assistant Commissioner Operations Division Dated APPROVED AS TO FORM AND EXECUTION: DEPARTMENT OF ADMINISTRATION SQecial Assistant Attorney General-State of Minnesota 64319 -6- By Dateci ► � 9H RESOLUTION BE IT RESOLVED that the City of Fridley enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes� to wit: For the construction, revision, maintenance, operation and removal of Emergency Vehicle Traffic Control Signal Pre-emption Systems by State forces on a reimbursable basis on Trunk Highway No. 65 at Osborne Road� 73rd Avenue North, Rice Creek Road (63rd Avenue Plorth), 47est Moore Lake Road (57th Avenue North), and 53rd Avenue North in accordance with the terms and conditions set forth and contained in Agreement No. 64319, a copy of which was before the Council. C- 1 1 BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, , and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota Coun ty of Anoka City of Fridley I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Fridley at a duly authorized meeting thereof held on the day of , 1987, as shown by the minutes of said meeting in my possession. (Seal) City Clerk l� � 1 �� ,o FOR aNOKa COUNTY 1323 COON RAPiDS BOULEVARD COON RAPlDS, ��1i`�1 55433 September 14, 198'7 Mayor William 1Vee City of Fridley 6431 University Avenue �iE Fridley, MN 55431 Dear Mayor Nee: I am writing to you on behalf of Mediation Services for Anoka County based on your instructions in a telephone conversation �his morning. Mediation Services of Anoka County has met with a one-time emergency cash flow�shortage for October, November and December of 1987. We need additional funding from the City of Fridely to continue. Over 300 hundred people have been served in Rnoka County in the last si:c months and over 50 in Fridley. In order to continue the quality of services that has been provided for Fridley, your help is critical. We are currently seeking $5,000 from Anoka County businesses, social and civic organizations, community g mups,and individuals. Our request from you is an additional $1,000 to $1,500. Any information you need for consideration at your September 28th meeting can be provided. Your support and financial assistance in the past is appreciated. We trust we can count on your support at this time. Very truly yours, ��; , . �� .�. , Ann M. Wa lerstedt Executive Director 0 cc: Ccuncilmembers 612-755-5300 RES OLUTION N0. - 1987 RESOLUTION AUTHORTLING THE E%PENDITURB OF FUNDS FOR THB A'EDIATION SERV ICES FOR ANOKA COIINTY -'� � MF�REAS, the Fridley City Council on August 18, 1986 approved the coneept of the Mediation Project; and Wf� REAS, the Mediation Servioes for Anoka County offers mediation services to City residents that are now being handled by the court system, the Police Department, the City Attorney, tbe Public Works Department, or the Planning Department; and WFiEREI�S� funding for the remaining months of 1987 is falling short even though adequate resources from Cities, Anoka County, and private sources are anticipated or already committed for 1988; NA,1, THEREFORE BE IT RESOLVED that the Fridley City Council does hereby approve a supplemental reappropriation of �1,500.00 initially budgeted in the Emergency Reserve fl�nd. BE IT FURTHER R£SOLVED that the �1,500.00 be placed in the Legislative Department Budget, to be paid to Mediation Services for Anoka County. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TIiIS DAY OF , 198T WII.LIAM J. I�E - MAYOR ATTFS T: SHIRLEY A. HAAPALA - CITY CLERK 1/26 i�'��. FOR CONCURRENCE BY THE CITY COUNCIL -- _ IiCENSES SEPTEMBER 28, 1�87 GAS SII2VICES J & H Gas Servives 986 Redaood Drive A�gl e Vall ey, M�T 55124 PrenAir Heating & Cooling Inc. 2315 Drif twood Lane Stillwater, NYV 55082 A�cti on De si � Reaodel er s 3049 Oregon Street St. Louis P�rk, rN 55426 Fred Cool Construction 3929 Dakota Avenue St. Louis Parkl 1�YV 55416 Ringwood Builders Inc. 6721 Oakland Avenue South Richf ield, M�I 55423 Maertens-Brenny Construction 2 531 Mar shall Str eet N. E. Minneap�lis, Md 55418 S & S Constructi� 1586 Osborne Road N.E. Fridley, NN 55432 J. Zbrma & Sons 12235 Monroe Street N.E. Blaine, MV 55434 .EiEBTI�z PrenAir Heating & Cooling Inc. 2315 Dif twood Lane Stillwater, MJ 55082 �IGN�BIlS�R Sc�mieg-ialashburn Inc. 2 887 Fdger ton Litt1 e Canada, M�1 55117 By: John Toahey By: Kevin Moe By: Janes F'rush By: Frederic Cool By: eenry Dauc�zault By: Joe Maertens By: Dwi�t Stuart By: Jerry Torma By: Kevin Moe By: Leonard Sc�nnieg WILLIA.M SANDIN Plbg.-Htg. Insp. SaQne DAi2FtFI. CI�ARR (�ief Bldg. C�c1. 5aane Saane Sane SaQne Sa�ne WJLLIAM SANDIN Plbg.-Htg. Insp. I]ARRII, Q�ARK Chief Bldg. Ofc1. FOR CONCURRENCE BY THE CITY COUNCIL " ESTIMATES � September 28, 1987 Eugene A. Hickok & Associates 545 Indian Mound W ayz ata, IrIN 55391 Moore Lake Phase II Project #1�9 Partial Estimate . . . . . . . . . . . . . . . . . . . $ 1,592.�3 Sunde Erigir�eering 9001 E. Bloomington Freeway Bloomington, A4�1 55u20 Demolition � Site Grading Project #163 Partial Estimate . . . . . . . . . . . . . . . . . . . � 8,230.50 Ernst Associates 122 West Sixth Street Chaska, NIIJ 55318 Landscaping, Irrigation � Lighting Project #168 Partial Estimate . . . . . . . . . . . . . . . . . . . � 287.30 Halvorson Construction Co. �227 - 165� Ave.� N.E. Anoka, NR�1 5530u Miscellaneous Concrete Curb & Gutter Project - 1987 Estimate No. 7. • . . . . • . . . . . . . . . • . . . � 1,111 .50 Minnesota Valley Landscape, Ine. 9700 W. Bush Lake Road Minneapolis, P+IlO 55�38 Landscaping, Irrigation � Lighting Project #168 Estimate No. 7 . . . . . • • . . • • • . • . . • . . • � 17, 564.55 Sh ank Me ch ani cal , Inc . 35d1 - 85th Ave., No. Minneapolis, I�IIJ 55443 Repa3r of Commons Park Filtration Plant Project �16�3 Estimate No. 1 . . . . . . . . . . . . . . . . . . . . S21 �1,'i 10.45