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03/28/1988 - 5019OFFIQAL QTY �iJNQL PGFNLIA CD[7NCIL NEETIl�IG Marrh 28, 1988 0 i � FRIDLEY CITY COUNCIL MEETING � �� ATTENDANCE SHEET MONDAY , Ma rc h 28 , 1988 7:30 P.M. PLEaSE S1GN aAhfE,ADDRESS AND iTEM NUMBER iNTERESTEO IN NAME ADDRESS � ITEM NUMBER sssssrssszssssstsassaxsssssssaaass:saaa aaasas:saassassraassa=mac:caass:ssssaars_cn-c==�a=eaaar I�C1l.C�`��.f?_ !-��\�°�\<a @�i11\I\ C�2�3 1v0 �e �... \�V�� .\'�� 1�4-� f � 0 � i�ic– — �/�I/�/// /i� – /ili�� I ..-�� - ' ■ / �/ . i � • '' � �/ � •_ _`—__- --_ � r � _ _, _ � r � � i � I!V'�r� � �/ � '��r' . . �n��i�r�-s►��r��i�� l�:��t7I �' , , / ,�� , . _t - �i . �..� �.. "I ► '�' . .�� .�� 1 � ' � � � � FRIDLEY CI TY COUNCIL ,,.-• : •:: � � n �� It� �t��►� FAIR HOUSING N�NTH APR I L , 1988 �'G:� : � �t�# COUPJC I L N�ET I NG, I�iARCH 7. 1988 � �� . �� 1 i� �' � i (CONSI DERATI ON OF ITEMS PlOT ON AGENDA - 15 MI NUTES) COUNC t L MEET I NG. MARCH 28, 1988 �t�BLIC HEARINGS: E CQNS 1 DERAT I ON OF A FI NAL FL.AT, P. S. #87-87. HEATHER OAKS. BE I NG A REPLAT OF LOT 16. EXCEPT TffE EAS7 33 FEET, AUDITOR'S SUBDIVISION N0. 92. ANQ OUTLOT A, ACORN HILLS ADDITION, AND THAT PART OF `:'LOT 14 . At1D i TOR' S SUBD I V I S I ON N0. 92 . 1�1H I CH L l ES EA5T OF THE WEST 165 FEET THEREOF , AND LOT 25� �UDITOR'S SUBDIVlSION N0. 92. EXCEPT THE SQt1THERLY 150 FEET I NCL UD i NG A R I GHT OF I�lAY , AND aLL THAT PART OF LOT 24, AUDITOR'S SUBDIVISION N0. 9Z, EXCEPT THE SOUTH 150 FEET OF THE EAST 80 FEET OF SA I D L OT 24 , I N CL U D i N G A R I GH T OF WAY , AL L GEP�ERALLY LOCATED AT 5980 STINSON BOULEVARD N.E., BY BRICKNER BUIL DERS (CONTINUED FROM 3/7/88) AND CQNSIDERATION OF A RESOLUTION APPROVING A FINAL PLQT. P.S. #87-07, BY BRICKNER BUILDERS ..... { � ;�� CONSIDERATION OF A REZONING, ZOA #87-01. TO REZONE FROwi R-3. GEPJERAL MULTI PLE DVJELL ING. TO C-Z. GEPJERAL BUS I NESS, ON LOTS 23 AND 24, TOGETNEP. WITH HALF VACATED ALLEY, E�LOCK 6. FRIDLEY , PQttK, ACCORDi NG TO THE PLAT THEREOF ON FILE AND OF RECORD I N THE OFF I CE OF THE COUNTY RECORDER i N AND FoR Atvo� CQlJNTY. MI NNESOTA, THE S�E BE � N� 6501 EAST RIVER ROAD N,E.. BY CHRI STENSEN AUTO BODY .. ;';;`; ` � `: � e PA GE 2 � .,..1-1T . . . . 2 - 2 M � � COUNCIL N�EET i NG, MARCH 28, 1988 I, I . � Pa rF 3 CONSIDERATION OF REVISED COMPREHENSIVE SIGN PLAN FOR R I VERBOAT I�AZA, 7899 EAST R I VER ROAD N. E. (CONTI NUED FROM 3/7/88) . . . . . . . . . . . , � , . . . 3 - 3 D � CONSI DERATI ON OF REV I SED COMPREHENSIVE SI GN I�AN FOR MOON PLAZA SHOPPI NG CENTER, 6281 UNlVERSI TY AVENUE N,E. (CONTI NUED FROM 3/7/88) . , . . , , , , , , , 4 - 4 K , CONSIDERATION OF SETTING A PUBLIC HERARING ON APRIL 18, 1988 FOR A VACATION OF SERVICE ROAD LocA7ED AT 6257 H�GHwAY 65 N.E., BY SHOREWOOD PLAZA PARTNERS . . . . . . . . . . . . . . . . . . . . . . 5 - 5 G � . � COUNC I L N�ET I NG. MARCH 28, 1988 �� / : 1 1 PA GE 4 CONSIDERATION OF A VARIANCE, VAR #87-41, PER SECTION 214,11.2.B TO INCREASE THE SQUARE FOOTAGE OF A PYLON SIGN FROM 80 S(�UARE FEET TO 224 SQUARE FEET, ON THAT PART OF GOVERNMENT LOTS 1 AND 2. BEING A PART � OF THE SOUTHWEST OUARTER OF SECT I ON 13, TOWNSH I P � 30, RANGE 24, ANOKA COUNTY. MI P�NESOTA, THE SAME BE I MG 6257 H I GHWAY 65 N. E. . BY SHOREWOOD PLAZA PARTNERS . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6 K CONSIDERATiON OF APPOINTMENTS TO THE CABLE TELEV I S I ON COMM I SS I ON . . . . . . . . . . . . . . � . . . 7 NEW BUS(NESS: CONS(DERATION OF FIRST READIMG OF AN ORDINANCE APPROVING A VACATIO�, Sp.V #87-��, TO VACATE THAT PART OF MCKI NLEY STREET AS DEDI CATED I N THE PLAT OF ACORN HILLS ADDITION, TOGETHER WITH THE NORTHERLY Ei(TENSION OF SAID i�CKI P�EY STREET TO THE SOUTH LINE OF THE PLAT OF AMBER OAKS, GENERALLY LOCATED AT 5980 ST I NSON BOtJL EVARD N, E. , BY BR I CKNER BUI�.DERS . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 8 B � � fAUNC I L MEET I NG. MARCH 28. 1988 PA GE 5 NEW BUSINESS: CONSIDERATION OF A COMPREHENSIVE SiGN PLAN FOR 8251 MA I N STREET N. E. . . . . . . . . . . . . . . . . . . 9 -9 D �;;, � � , ,=; CONS I DERAT! ON OF AN EXTENSI ON OF A SPECI AL USE PERM I T, SP #86-15, AND TO EXTEND THE PER I OC THE STI PULATI ONS NEED TO BE COMPLETED UNTIL SEPTEMBER 30. 1 g$8. AS NORTH SUBURBAN HOSP I TAL D I STR I CT W I LL NOT BECOME OWNER OF THE PROPERTY UNT I L.1UNE 1. 1988 ..... 10 - 10 E COM1tS I DERAT I ON OF AN EXTE NS I ON OF A LOT SPL I T L. S. #82-05 LocATE o AT 7365 EAST R I V ER RoAo N.E. BY GERALD P1. SHERER . . . . . . . . . . . . . . . . . 11 - 11 G . :,�. ,: ; : ,, � � COUPdC 1 L MFET 1 NG. MARCH 28. 1988 : �► ► � PAGE 6 RECE I V I NG THE MI NUTE S OF THE PLANh I NG COMM I SS I ON N�ET I NG OF M�4RCH 9. 1988 . . . . . . . . . . . . . . . . . 12 — 12 V A, CONSIDERATION OF A RESOLUTION APPROVING A SUBDIVISION. LOT SPLIT. L.S. #88-01. TO SPLIT LOT S 5 AND 6. LUC I A LAPJE ADD I T I ON. I N ORDER TO CREATE THR�E BUILDABLE LOTS, GENERALLY LOCATED AT 1133 — 1145 MISSISSIPPI STREET N.E. .......... P�ANhING COMMISSION RECOMMENDATION; APPROVAL WITH STI PULATIONS �OUN IL ACTION NEEDED: CONSIDERATION OF P.ECOMMENDAT I ON B. CONSIDERATION OF THE PROPOSED COMPREHENSIVE WASTE REDUCTION AND RECYCLING ACT: THAT THE CITY COUfVC I L FASS A RESOLUT I Ot� 4 N SUPPORT OF THE COMPREHEPJS I VE WASTE REDUCT I ON ANQ RECYCL I NG ACT : A.ND FORWARD THE RESOLUTION TO THE MINNESOTA POLLUTION CONTROL A.GENCY. �:�ASTE (�iANAGEMENT BOARD. (�'�TROPOLITAN COUNCIL. ANOKA COUNTY. ANO STATE LEGI SLATORS REPRESENTI �G THE CITY OF FRIDLEY ..... � ANhIhG COMMISSION RECOMM�NDATION: APPROVAL �OUNCIL ACTLQN NEEDEQ: CONSIDERATION OF RECOMMENDATI�ON : 12F-12H $ 12L-12R 12 I-12J $ 12S-12V � -. CAUNC I L MFET I NG. MARCH 28. 1988 PA �E 7 �tFlti' BUS I NESS ( CONT I NUED) : CONS I DERAT I ON OF REALLOCAT I NG FUNDI NG W i TH 1 N THE 1987 CDBG BuD�ET . . . . . . . . . . . . . . . . . . . . . 13 - 13 A , , ,, �: RECEIVING THE MINUTES OF THE CHARTER COMMISSION . h'�ET I NG OF .1ANUARY 25. 1988 . . . . . . . . . . . . . . . 14 - 14 H ,,;. °� P.E,CE I VE B I DS AND AWARD CONTRACT FOR SPR I NGBROOK Na�ruRE CENTER FENCE PROJECT #180 . . . . . . . . . . . . . 15 - 15 B CCS� S I DE RAT I ON OF A RE SOL UT I ON AUTHOR I Z I NG THE .101 NT B I DD I NG OF MA I NTENANCE AND REPA I R WORK FOR STREET IMPROVEMEtJT PROJECT N0. ST. 198H — 10 iSEALCOAT) W1TH THE CITIES OF COLUNIBIA HEIGHTS AND �R� DLEY . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 16 A F . � e � COUNCIL N�EETING, MARCH 28. 1988 � : ► 1 i 1 CONS I DERAT I ON OF A RESOLUT I ON OF THE CI TY COUNC I L OF THE CI TY OF FR I DLEY SUPPORT! NG TNE CONCE PT OF MI NNEAPOL 1 S-SAI NT PAI� HOST I NG THE 1996 SUMMER QYMP! CS . . . . . . . . . . . . . . . . . . . . . . . . . 17 CONS I DERAT I ON OF A RESOL UT I ON AUTHOR I Z I NG THE NOM I �AT I ON OF MAYOR W I LL i AM .J, NEE FOR THE C. C. LUDW I G AWARD FOR DI ST I NGU I SHED MUN I CI PAL SERV I CE ..... 18 PA �E 8 CONSIDERATIO� OF CHANGE ORDER #3 FOR ST. 1986 - 1 b 2 PHASE I I . . . . . . . . . . . . . . . . . . . . . . 19 - 19 C � CONS I DER�4T1 ON OF CHANGE ORDERS #3 AND #4 FCR REPAi R OF COMMONS PARK FI LTRAT I ON PLANT PROJECT #164 ......- 2B - 20 B 9 COUNC I L N�ET i NG. MARCH 28, 1988 : ► � ► l�I�� APPOINTMENTS: CITY EMPLOYEES . . . . . . . . . . � � � • � 21 f QAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PA GE 9 L I CE NSE S . . . . . . . . . . . . . . . . . . . . . . . . . 23 - 23 G ESTI MATE S . . . . . � . . . . . . . . . . . . . . . . . . . 24 �� e . • �d�8_g�Q3IAG_MOATB APRIL, 1988 Wiliiam J. Nee Mayor FridleY, MN. � - WBEREAS, truenty yeare ago in Title VIII of the Civit Righta Act of 1968, the Pair Eousing Zar�. Congreas dectared a national poZicy of providing fair housing throughout the United States; and iJgEREAS, this tarv makes discrimination based on race. aex, coZor. religion, or nationat origin iZZegat in connection rvith the aaZe or rentaZ of ftoueing; and WBEREAS, the AAORA COUPTY BDARD OP REALTORS is a signator� to the Voluntary Affirmative Atarketing Agreement, a aontract a�ith the Department of Housing and Urban DeveZopment, to implement TitZe YIII of the CiviZ Righta Act of 1968; and WBEREAS, the Anoka County Community Aousing Resource Board a�aa eetabZished to assist the AAOKA COUPTY BOARD OP REALTORS in imptementing the Votuntary Affirmative Marketing Agreement; and WAEREAS, the AAOKA CDUATY BDARD OF REALTORS and the AAOKA COUNTY COMMUAITY BOUSIAG RESOURCE BOARD are committed to a;oint effort to prevent discrinrinating housing practieee in the City of FridZe�; and WHEREAS, the AAOKA COUPTY COMMUAITY HOUSIAG RESOURCE BOARD and the APOKA COUPTY BOARD OP REALTORS nationrvide in this �ear's epeciat trventieth anniversary commemoration during Fair Sousing Month. NOW, T9EREFORE, BS IT RESOLVED that I, Wiltiam J. Aee. Ma�or of the City of FridZey hereby procZaim Aprit. 1988 as FAIR BOUSIPG 1NOATS And I urge my feZZora citi�ena to aoin rvith the AAOKA COUATY COMMUNITY 90USIAG RESOURCE BOARD and the APOKA COUNTY BOARD OF REALTORS in this obaervance by taking an active part in programa sponsored by these truo (2) organi�ationa �ho thia raonth. and throughout the year, are taking an active role in heZping make Pridtey a better ptace to Zive and rvork. IP WITNESS WHEREOP, I have eet mr� hand and caused the aeat of the City of Fridley to be affixed thia 28th day of March. 1988. WILLIAM J. PES, MAYOR 'I�iE 1�9INU'iFS OF THE FRII:GEY QTY 0�[INQL A�EETII� OF Marc� 7, 1988 �'HE MINLfl'ES OF Tf� RDGOIAR MEETING OF Tf� FRIDI,EY CITY COON�IL OF MARCH 7. �.$$ 7he Regular Meeting of the FYicIley City Gb�cil was called to order at 7:35 p. m. tr� I�yor Nee. PLEDGE OF _ AIJ�EG7ANC� : � I�yor Nee led the Cbimcil and audienoe in the Pledge of Allegianoe to the FZ ag. ROLL CAI�L • NENBE�2S AtFSENT: Mayor Nee, (b�cilwcman Jorgenson, mulcilman Schneider, Cbincilman Fitz�.atrick and Cotmcil.man Bil l ings I�NBERS ABSFNT: Norye �,RESENrATION OF PF�QAMATION: A'�yor Nee stated he has issued a proclanation proclaiming the week of March 6 through 13, 1988 as Vol.inteers of America Week. Mr. Hunt, Assistant to the City Manager, read the �roclamation which Mayor Nee then presented to Joaru�e Demlw. Ms. D�nko thanked the Mayor and Co�cilmenber� for issuing this rxoclanation and stated the Volunteers of America were proud to have the senior �ngregate dining venter in FYic�ey. She stated March 9 marks their 92nd birthday and extenaed an ir�vitation to anyone who is interested to be an horaraYy server. APPRpVAL Q�' MIN[TrES • •• J�,, u� �fll� : � �• :� • : : NDTION by Councilman Schneider to approve the minutes as presented. Seo�nded b� (bi�cilman Billings. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOF�ION OF AGEI�i• rDTION b� Coumcilman Fitz�atrick to aco� the agenda as sulmitted. Sea�nded b� Gbimcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee aeclared the motion c�rried �uzanimously. OPEN FORUM, VISITORS: Zhere was no response frc�f5 �rhe audienoe inder this it�em of busir�ss. gUBLIC HEARINGS: -1- ' �f � •�jl� 1 • �• ' �' ' ' 1. PUBLIC HEARII� ON A,�N SUBMIZTED BY MINNE90TA DEPA12'i'MBNT OF TRANSPORTATION FOR RESOLVING THE 1�AISE ISSIJE IN THE INNSBRUCR AREA ASSOCIATED WITH THE WIDEI�II� OF I-694: l�yor Nee stated this is an informal hearing to hear fran the DeFartment of 2�ansportation anc3 obtain any feedback f rom the residents regarding the r�oise issue in the Innsbruck area. Ae declared the hearing open at 7:40 p. m Mr. Flora introduoed Mr. lmbert Brawn, Senior Engineer represer�ting District 5 af the Minresota De�artment of �Yansportation. Mr. Brawn statec3 he appreciated the opport�ity to speak on this issue and the State's impravanent �xoject icieritified as No. 0285-47, I-694 3rd Lane Addition. He stated a request was made to appear before the Council in an attempt to resolve the noise issue in the Innsbruck area. He stated one of the solutions they propose is plantings, and if this alternative is selected, it has to be cbne this spring in order to make use of plantings which will be relocat�ed fran arother site. Mr. Brawn stated the impravenent project is estimated at $40,000,000 and involves the widening of I-694, the redesiqn and widening of the river bridge, the replacement ot the railroad bridge, and the addition of a pedestrian acoess across the river. He stated preliminary appraval fran the City was obtained in January, 1985 which included certain oontingencies regarding noise ak�t�nent and inclusion of a pec3estrian crossing on the river bridre. He stated the environmental process for both Federal and State were oomgteted in 1987. Mr. Brawn stated several meetings have been held with the Council, City staff, and residents regarding the mige levels in the Innsbruck area and approximatly five hanes would be affected. Mr. Brawn statea the Departsnent of Transportation is �roposing three alternatives to treat the rr�ise issue. He stated ore alternative is to cb r�othing to mitigate noise and this was the alernative selected during the envirormental prooess which met approval fran aIl State and Ffederal agencies. He .tated with this alternative the future �redicted noise level is 73 deci.bels for the year 2010. Mx. Braan stated the 9eoond alternative is to provide a roi�e �arrier, with the De�rtment of Transportation providing one-thi rd of the f unding neaessary to oover all c�osts of desic� and oonstruction and the rdnainaer of the ftmcls �xavidea k� the City or private sources. It is estimated the total o�st of this alterr�ative would be $320,000, and the future noise level for the y�r 2010 is estimated at 63-65 decik�els. Mr. Brown stated a third alternative would be to implenent a one-half mile ex�erimental fiest �ection of Favenent in the westbound lanes adjacent to Innsbruck North 2nd Addition and, in addition, provide transplanted landscape material fran within the v�ntruction zones to densely screen the five hanes of aonoern. He stated the oost of this alternative would be borne by the De�rtment of Transportation and/or the Federal Highway Administration, and the future roige level for the year 2010 is estimated at _2_ � ��i� � I�1 • �• ' �: _ �:� 6 8-71 deci. bel s. Mr. Brown stated with fhe seoond alterr�tive, it is estimated a 24 foot wall would be �oessary t�o cb a sufficierYt job of a�ntrolling the roise levels in the �ack yarcls of the9e five hanes. Ae stated in order for mise abatement to be effective, it has to break the 1 ine of sight. He stated even a 24 foot wall would cb ro cpoc3 for c�aellings on the north side of West Danube Road because it cbesn't break the sight line. He stated with'a cost of $320,000, this would average about $64,000 per home for the five homes affected and the Department of Transportation and Federal Highway Acfiinistration cb rr�t see a$64,000 benefit per home. Mr. Brawn stated the third alternative is a oombination of installing an experimerital surfaae tr�tment and transferring lanclscaping materials from ather sites in the project. He stated the rx�ise levels projected for these alternatives are wi.thin the F�ederal criteria of 70 c�A's, with the exception of the first alternative whi� has a 73 c�A Mr. Brawn stated the existing �avenent is quite rx�i� as it is worn and has square joints. He stated the n�ew Favenerit would be more quiet, with skewed joints and should last longer. Mayor Nee asked the existing noige level in this affectea area. Nlr. Brawn stated it is 67-68 c3ecibels at 1412 West L�nube Road. Mr. Brawn stated with additional landscaping it should reduce the noise level b� two to four decibels and with the new Favement, it should reduce the noise level one to three cjecibeZs. Cb�mcilwanan Jorgen�on asked the a�st for the experimental pav�nent. Mr. Hansen, Senior Highway Technician for the Minnesota Department of Transportation, stated he dicfi't believe the experimental section of oancrete would be more expensive, it is just a cb.fferent type of treatment for the roac�ay. (btmcilman Schneider asked the life of this type ot pavement. Mr. Brawn stated it is expected to last for about 20 years. Mr. Hansen stated there are three oomponents of noi se--ti re, engine, and stacking. He stated each vontributes about equally to the total noise problen. Ms. Hansen stated by improving the pavsnent, even though it wouldn't reduoe the noi�e as much as a noise barrier, noise abatement criteria will be met. Gouncilman Schneic3er asked if the De�rtment of Transportation would be willing to enter into a lec�lly binding agreemerit where if the noise level exceec's a oertain aeciYel, th�y would be willing to resolve the probl�n by aonstructing the wal.l tarrier. Alr. Ibvici�, Assistarit District Supervi5or for the Minnesota De�rtment of �ansportation, stated the De�artinent of Transportation would not eriter into such an aqreenent. He stated �ased on the cnsts for oonstructing the wall, -3- � _ � _ � � �!.�..1.�. _ ��tl� • s��: :.� • _• : : it is not oost effective. Mr. fbvich stated the alt�ernative for landsoaping and experimental a�ncrete c�me out of the last neic�borhood meeting where a nunber of the residents suggested looking at the type of pavement to be used. He stated that either the alternative for the noise barrier or the or� for the lanclscaping and experimental Favenent both estimate roise levels laaer than those permitted tr� �deral stanc�rds. Gb�ncilman 5chneider stated what the DeFartment of Transp�rtation`is saying it is too txid for those residerits wh�o bouc,�t homes in this location. Mr. l�vich stated the highway has been there for quite s�me time and if traffic cbubles and nothing is cbne, the roi9e level may increase only to 73 c�A which would be three above the Fhc3eral requirenents. Q��ncilwanan Jorgens�n stated some persons in the Innsbruck area signed a waiver rr�t to request a�arrier fran the De�artsnent of ZYansportation. She asked why the residerits of thege affected hanes were riot asked to sign such a waiver. Mr. Braan stated the Transp�rtation DeFartmer►t does not have a reoord they ever reoeived this plat for review. Cbimcilwanan Jorgenson asked if the Department of Transportation would consider purchasing these homes. Mr. Polvich stated it is not cost effective for then to cb 90. He stated the Transportation DeFartment would pay one-third of the oost for the rx�ise barrier which would amo�t to about $21,000 per hane. Councilman Schneider asked if the $21,000 figure was used by the TransFortation De�rtment in other similar situations throughout the metrop�litan area. Mr. Hansen stated the figure they have been using is $10,000 or Iess per home so the $21,000 would be aver 50� more in this aase. Cb�mcilman Billings ask+ed if bit�at►inous Favenent was quieter than ooncrete. Mr. Braan stated it is marainally quieter and may reduoe the ciecibels b� or�e or two. i� stated it tends to age faster and with this aging process, it pro�ably w�ould eventually beoome equal with a�ncrete in regard to the noi9e factor. Cb�mcilm�n Billings askea what would happen if the experimental ooncrete pavanent praves to be louder rather than quieter. Mr. �bvich stated the DeFartrnen� of Transportation is willing to monitor this e�erimerital �avanent and if it is louc3er, they would use the grinding prooess to reduae the roi�e level. N�yor Nee asked the projected noise levels for the homes across the street fran the hanes which are most affected, and the current decibel readings. Mr. Rraan stated there were a nunber of 68 decibel readings forecast for the year 2010. Mr. Hansen stated they haven't monitored the readings, but they are probably two to four decibels belaw 68 at this time. -4- : � �I MM ��i J�. � ,�I?�� • �'��«: ��mcilman Schreider asked haa the $320,000 estimate was figured for the noise barrier. Mr. Brown stated the figures were obtained by using �mPetitive prioes bid for similar projects and tased on wood construction rather than a�ncrete. Gb�mcilman Schneider asked if the Ci.ty w�ere to bid for this noise iarrier, if it would be less aostly. Mr. Flora, Public Works Director, stated he felt the bids would be about the same. � Mr. Braan stated he would like some decision from the Council to either acvept or reject the alternative regarding landscapinq and experimental pavenent. Iie stated if they are to prooeed with any landscaping, they have to cb it between April and May, when the materials are available to be transglanted fran other sites in the �oject. Mr. l�vich stated if the Council's c�cision is not to �nsider any of the three alt�err�tives, the Transportation De�artment would complete plans and inoorporate the first elt�ernative. Cbimcilman Schryeider askec] the o�sts if the project was deluyed for 60 days. N,r. Fbvich stated if the project is delayed, these ftmds would be used £or other projects and this Froject may end up a�sting more due to inflation. Mr. Mike Holly, 1417 W. L�nube Road, felt all the nunbers that have been presented have been slanted tawards the case the HiytYway Department wishes to mak�e anc3 r�ot to haw the r�eighbors feel. He stated in terms of the homes affected, they indi.cate five and his is not even included. He stated this is the fourth meeting he attended and feels he is affected. Mr. Holly stated in terms of the o�st for the ryoige barrier, he felt this was only a snall portion of the total o�st of $40,000,000 for this project. He felt a roise wall should be aonstructed closer to the freaaay. Mr. Holly felt the Q�uncil should insist on o�nstruction of a roise �arrier. Mr. Jim Jensen, 1410 W. Danube Road, felt a lat of time and effort has been put forth to prave aertain things caru�at be done to reduce the noise. He felt the same effort should be put into arriving at some kind of oommon qro�d to resolve this problem. He asked the Council not to accept the proposal for lanclscaping as he felt there has to be s�me o�ther alt,err�ative. Mr. Rid�ard Huisenga, 14�2 W. 4�nube Road, felt the landscaping wouldn't really �lve the problen. He felt a wall should be oonstructed closer to the hic�way pro�ably 14 or 15 feet hic�. He asked the Gb�mcil mt to acoept the lanciscaping proposal. C,ouncilman BilZings asked if ariy of the residents had any thoughts or sugqestions on where fuzding may be obtair�ec3 to a�nstruct the mise �arrier, sinoe the Highway De�arfinent would only �y a p�rtion of the �st. Mr. Holly stated that is a touc� question and he has no magic answer. He stated when the meetings were first held, the Highway DeFartment had nothing to wiltribute and now find they are willing to �ay a p�rtion of the o�st for a roi�e t�rrier. He felt the wall shouZd be redesic�ed and built closer to -5- � � � •!. J�. .�_ ��_� �y. • ��«' 7� LZI� the hic�way which woulcl reduoe the v�st to possibly $200,000. Mr. Holly stated he cannot believe there isn't at least this amount of funding pravided for envirormental a�noerns in a project af this size. (btmcilman Billings stated it seems the only reasonable way to pay for a roise �arrier would be throuc� cAr�tributions or an assessnerit. He askec3 if any figures had been di.scussed between the neighbors and if they would be willing to coritribute to a mi�e barrier. ' Mr. Holly stated to his la�awledge, this hasn't been discussed. He stated speaking only for himself, he felt possibly an assessment of $1,000 to $2,000 could be borne. N�yor Nee asked where the plantings would be located. Mr. Brawn stated they would be lorated in the clmr zones. He asked Mr. Walvatne, Fbrester for the De�artment of Transportation, to explain the types of plantings to be use d. Mr. Watvatne stated there would be a lot of evergreens, shade trees, and shrubs. He stated they are proposing to relocate 12 to 16 foot trees in this area. He stated these larger trees would be placec7 in strategic locations in order to fill in any open areas. He pointed out, on the proposed lanclscaping drawing, that the dark qreen areas would be planted with evergreen seec�ings whidl would grvw to a heic�t of 20 feet. He stated the 1 ic�iter green areas would oontain the larger evergreens and shrubs about 12 to 20 feet in heicj�t. He stated a s�lid evergreen stand can reduoe mise lEVels ix four to si.x decibels. N�yor Nee asked if the lanclscaping would visually screen all the traffic. Mr. Braan stated there may be a silhouette at some times of the year when there is no foliage on the trees or shrubs. Q��ncilman Schrieider asked if the Transp�rta�ion De�artment had reviewed any other alterriatives besides these three reviewed this evening. Mr. Brawn stated they reviewed types of pavements and the pavement aetermination personnel are aware of this noi9e issue and advised using concrete as it is lawer in cASt and would satisfy long term needs in the ar�. He stated they typically do not propose ehperimental aoncrete and lanciscapinq, but are willing to cz�nsider then to try anc3 resolve the noise i ssue. Councilwoman Jorgenson asked about the possibility of o�nstructing an earthen tarrier. Mr. Hansen stated if this was cbne, they probably would encraach into the residenoes' yaras. Ae stated property eight to ten feet higher than the roaduay itself is needed for sudz a txarrier. Cb�cilman Billin_gs asked the estimated cost to relocate and install new plantings in this area. Mr. Walvatne stated the aost to relocate fhe plantinc}s would be between $11,000 to $15,000 and the planting of 800 new geea'1 ings would be less than $100. -6- ' ��_� !� �. � ��M • �c��r. Gb�cilman Billings stated the Hic�way De�ari�nerrt's share of the wst if a sould harrier was wnstructed would be about $107,000 versus $16,000 for lanc�scaping whid� leaves a$90,000 differenoe. He asked if a� of this $90,000 oould be used to plant more mature trees at this time. Mr. Braan stated only $10,000 is the Transp�rtation Department's share and the ather 90$ is F�ederal f�ncls. I� stated he di.ch't believe the� oould be used for such an item in this �roj ect. He stated, hawever, there may be more trees to be relocated than aritici�ated, depending on their aonstruction schec�l e. (3�tmcilman Billings asked if there was something additional that �uld be done besides the plantings to quaZify for use of the Federal funds to imprave this sit�tion. Mr. Braan stated not that he is aware of. He stated there is riot a captive amo�mt for I-694. He stated they get Federal fu�cls every year and onoe it is determir�ed a proj ect i s el igi bl e f or thi s f�ding, it is � to the State to determire priorities. Mr. I�vidz stated when this project was oompleted, they would monitor the roise and if it is not reduoed tr� two to four decibels fran the roi�e level today, th�y would prwide additional lanclscaping. NDTION b� Cbw�cilman Schneider to close the informal hearing. Seooncied by CoLmcilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the hearing closed at 9:03 p. m. Gb�mcilman Schneider stated Mr. Fbvidl stated the �ansportation Department would monitor the rioise and if it is not reduced by two to four decibels, they w�uld provide additional landscaping. He asked haw this would be enforoect Mr. I�vich stated there would not be a�xoblem with the District Engin�er sending a letter a�mmitting to this proposal. (b�cilman Billings stated if the Cb�mcil prooeecls with the alt,ernative for the lanclscaping and, several years fran row, they find it isn't sufficient, he asked if the Transportation De�artinerit would still aommit to one-third of the aost of the barrier. Mr. Brown stated they woulch't be proposing the plantings if they dich�'t believe it would rec�uoe the mi�e level by two to four decibels. He stated, hawever, the issue of the roise �arrier a�uld be reopened, but there is no gua rantee they wnul d be wil l ing to pa r ti ci � te i n th e c�o st f or a wal l at some future c�te as the soenario may change. Mr. Fbvich stated if there was not a reduction in decibels with the plaritings, the mise Larrier would still be oansidered two or three years f ran rnw. Cb�cilman Billings stated he Lnc3erstands if they prooeed with landscaping ana it cbesn't work, they waulc3 be at the same point they are now with the Transportation De�artznent con¢niting to �ay a oertain portion of the o�st for -7- �I� �� _ �li� �• �_ ,�i � ,�;__;i�. . : : the roise �rrier. He stated based on this vommitment reveived f rom the Assistant District Supervis�r, it seesns to make sense to try the lanctsc$�ng as a solution. Q»cilman Schneider stated he is willing to proceed with the landscaping and if the mise isn't reduoed }�i two to four decibels, the offer for the $107,000 for a portion of the a�st of a mise l�rrier be left open, if the ZYansportation De�artment is willing to monitor the noise levels every several years. Mr. Fbvich stated whatever is ra�sonable, they would be willing to monitor t�he rr�ise levels. (',ouncilman Schneider stated his o�ncern was it appeared there was no alternatives in what was offered, however, if the Transportation Degartment is willing to monitor and �articipate in the oost of a mi�e �arrier, if the landscaping cbesn't work, this woulcl change the o�mplexion. 1�DTION b� Co�mcilman Schneider to accept the Highway Department's third alternative for noi9e abatement in the N6 area, as outlined in a letter of February 19, 1988 to John F�lora fran Robert S. Brown, Project Manaqer, as tollc7ws: Implenerit a ortie-half mile experimental test section of �avenerit in the westbound lanes a�jaoer�t to Innsbruck North 2nd Addition. Additionally, pravicle transplanted landscape material from within MnDOT v�nstruction zones to c�ensely screen the five houses of o�noern. �he oosts of this alterriative would he borr�e tx Mn�OT and/or the Federal Highway Ac�ninistration. The future raise level forecast for the year 20I0 is estimated at 68-71 c�BA. This alterr_ative is accepted with the understanding that the Highway De�artment will monitor the c3ecibel readings after oompletion of the project, in ap�roximately 1990, anc3 will r�-maasure the mise on West Danube Road and take the neoessary steps to assure a two to four a'BA reduction. FLirther, it is u�c3erstooci that the $107,000 offer for a mise �arrier would resnain in effect inaefinitely and the Hic�way De�artment aqrees to vontinue to monitor the c�cibel rsadings every three years through the year 2010. Zhe finclings of the rnise l�vels in this area of ooncern should be sharecl with the City and residents in the ryeighborhood. Secz�nded by Councilwoman Jora,enson. CT�on a voioe vate, all voting aye, Mayor Nee declared the motion carried tmanimously. �� . A reaess was called at 9:20 p. m tr� Mayor Ivee. RE.S��' N�yor Nee reaonvened the meeting at 9:30 p.m. All Council members were pr esent. 2. 001�'S�.DERATIQN OF A FINAL PLAT. P S. #$�-07. HFATHER QAKS. BEII� A REPLAT QF �QT 16 . EXCEF� THE EAST 33 FEET. AUDITOR' S SUBDIVISION NO 92. AI�ID OUI'fAT A. A�RN HTLLS�ADD�TION. AI�ID THAT PART OF IAT 14 . A(ID�TQR' S SUBDIVISION NO 92. WHICH I�ES EAST OF THE WEST 16� FEET THEREO,�. AND LOT 25 . AUDITOR' S � FRITLEY QTY Q�UNC�L NEET]NG OF MAR�i 7, 1988 Y : �_� -• • � �►, « � i �• i • � � • �_�� • • • � � • • : � • • �► « • � � � i :� � • i � �_ �_ • i � a�� •:� v :• •� i :i. M� i a� I�DT�UN b� Q��mcilman Billi.n� to waive the readinq of the public hearing notioe and open the pu}al ic hearing. Semnded b� Cbi.mcilman Schrye3der. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously an6 the publ ic hearing opened at 9: 31 p. m Mr. I�berts�n, (bmm�nity Developnerit Director, stated the only outstandinq issue for the glat is the drainage plan. He requested this public hearing be v�ritinued to March 28, 1988 in orc�er to allow time for review of the clra9.nage plan. l��yor Nee asked if there was anyone Fresent who wished to wmment on this plat, but there was no response. cbimcilman Schreider stated he wanted to oompliment staff, the Planning Commission, and all the persons involved for o�ming to an �mderstanding in oraer for this plat to proaeed Councilman Billings stated when this plat was before the P2anning ComQnission, there was mention of an underground pige that o�mes out at Stinson and he wanted to make sure it is addressed in the drainage plan. Cauncilman Billings further stated the Ettel property currently has a drivc�ay and sewer and water easement over the property to Garc3ena. He stated he assunes these will renain the same, but from the standpoint of platting, cbes s�mething have to be cbne regarding the easement for the new pl at. Mr. Qureshi, City Nanaqer, stated the easement would still oontinue on the property and water and sewer provided from Garciena. He stated it is a pr iv ate ea sement and not a Ci ty ea semer�t. Mr. Herrick, CYty Attorr�ey, stated he hasn't seen the easement, but would review it if the Co�mcil c�sires. He stated simply becawe the property is platted, it woulch't destrcry the validity of the easement. NDTION b� Q�tmcilman Schr�eicier to vontinue this public hearing to March 28, 1988. Seaoncied b� Coimcilwanan Joraen�on. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. CX�NSIDERATION OF A VACATION. SAV #87-11. TO VAC�ITE THAT PART OF MCKINLEY �`I'REET AS DEDICATED IN TE� PLAT OF ACORN HILLS ADDITION1 TOGETHER WITH THE NOR'I�iERLY EXTENSION OF SAID MCKINLEY STREET TO Tf� SOUPfi L,�NE OF THE PLAT QF AN�ER OAKSl GENERLLY L�(X'ATED AT �„�80 STINSON BOULEVARD N.E. ,$Y BRICKNER ,$UILDERS• _ NDTION b� Gotmcilman Schneider to waive the reading of the publ ic hearing notioe and open the public hearing. Seoonded by Councilwoman Jorgenson. Up�n a voive vote, all voting aye, Mayor Nee declared the motion carried _� 4. • �� ,� ,�� • _��• ' ' uianimo�ly and the publ ic hearing opered at 9: 38 p. m. N�. Vern Gbstello, 1623 Gardena Avenue, stated at the Planninq Commission meeting, it was requested this vacation of McKinley be o�ntingent upon appraval of the plat for Heather Qaks. Cb�.a�cilman Billings stated the vawtion would be o�ntingent �on apFxwal of the plat anci action would not be taken on this ite�n until af ter �he publ ic hearing on the glat whid� was o�r�tinued to I�-ard� 28, 1988. No other persons in the audienae spoke rec�rding this Froposed vacation i�DTION bir Cbtmcilman Sc�neider to close the public hearinq. Seoonded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publ ic hearing closed at 9 : 40 p. m. REyIEW OF PROPOSAI, FOR ALIDCATION OF 1988 �iINITY DEVEIAPMENr ,j,3L0 R RANT �'UAIDS (TABLED 2/22/88) ; Mr. HLnt, Assistarit to the City Manager, stafied the revised prop�sal, Option B, for the use of 1988 Cbnummity Developner�t Block Grant Funas �overs the period fran July, 1988 throuc� D�ec�nber 31, 1989. He stated the allocations are as follows: $66,959 for the Rivervicw Heic�ts Project for purchase and relocation of Parcel 6; $31,397 for Human Services; and $6,302 £or �naner cial Rehabil itation for redevelopnent of obsol ete aom�nercial buil dings and/or aaquisiton of blic�ted property for redevelopnent. He stated the total of these three Fxojects is $104,658. Mr. H�t stated the other three Faroels in the Riverview Heic�ts project are in the prooess of being aaquired with C�G funas from last year. He also stated that 30$ of the fincic's were allocated for ht�nan aervices anc3 if the County exceeds thei r 1 imit ot 15$ , then this f igure woul d have to be revi�ed. Nt�TIOIJ by Councilman Fitz�trick to approve Option B, revised 1988 propo�ls, for the use of 1988 Cbn�nuulity Developnent Block Grant F1mds to be allocated as follaas: $66,959 for the Riverview Heights project; $31,397 for Hunan Serviaes; and $6,302 for Cbnunercial Aehabilitation for a total of $104,658. Sea�nc3ed tr� O�imcilman Schneider. Upon a voioe vate, Cauncilman Fitz�atrick, Cbu�cilman Schneider, l�yor Nee and Cotmcilman Bill ings voted in favor of the motion. (btu�cilwon�an Joraens�n a�stair�d f rom voting on the motion. b'�yor Nee declared the motion carried kr� a 4 to 1 vote. ��. � :: �r • � • � ► �� ui • 4 i �: � • •�,�� MJTION by Councilman Seaonded b� (buncilman Mayor Nee declared the NEW BUSINESSs Schnei c7er to Fitzpatrick. motion carried -10- table this item to March 28, 1988. Upon a voice vote, all voting aye, unanimously. �,..!� �!! !��J�.4 �� • �e4:t�: _ :: 6. �NSTDERATIQN OF A REZONII� ZQA #87-01. � REZONE Fi�?M R�3. GENERAL MULTIPIE �K'�'LL�,NG` Z�D C-2 . GENERAL BUSINESS,� ON LOTS 23 AND 24 TOGETHER WITH HALF VAC�TED ALLEY. BIACK 6. FRIDLEY PARK. ACOORDIIS� TO THE PLAT THERDOF ON FILE AI�ID OF REOORD IN TE� OFFICE OF THE aDUI�T1.'Y REC)ORDER IN ArID �R AI�KA COLiN'I'�. MINNE90'I'A, Tf� S�NJE BEIIV� 6501 EAST RIVER ROAD N E . BY CHRISTENSEN _Aifl'0 BODY: N�. Robert�on, (brran�.nity Developnent Director, stated a hearifig on this rezoning was held on Fhrdi 11, 1987 before the Planning Gomnission and they rec�ommended appraval with several stipu].ations. He stated a publ ic hearing was schedulec7 before the Cb�.mcil for April 6, 1987, hawever, the petitioner requested the item be tabled in order to work out a voncern regarding the stipulation for a street easement. He stated this concern has been ack3ressed and the petitioner wishes to proceed with the publ ic hearing before the City Coimcil. NDTION b� (bi,mci.lman Fitz�atrick to set the public hearing on this proposed rPZOning for P'brc� 28, 1988. Sear�nded tr� (buncilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. ,�7�NSIDERATION OF AN EXTENSION 0� A LOT SPLIT. L S. #87-03. BY BERNADETTE �EN90N OF MIDWEST StTPER SI�OP: Mr. R�bertson, Cbnammity Developnent Director, stated the petitioner has requested a three month extension fran this date in order to reoorcl a lot split, L.S. #87-03, appraved t� Gbtncil on June 1, 1987. He stated it is suggested this extensi.on be appraved, with the follawing stipulations: (1) e�ecute and return street ea�ement agregnent (17 feet along East River Road) prior to reoording lot split; (2) provide dumpster screening prior to recArGing lot split; (30) pravide hedging along F'ainnont Street with ec7ging, weeci �arrier and mulch prior to re�rding; and (4) subdivide �aroel to be added to residential lot to west v�ncurrer�tly with reoording. NDTIUN b� Cb�mcilman �tz�trick to apprave a three month extension of Lot Split, L. S. #87-03, to J�me 7, 1988 with the follawing stipulations: (1) e�aecute and return street easement agreenent {17 feet along East River Road) prior to reoording lot split; (2) provide dumpster screening proir to r eao r di ng 1 ot sgl it; ( 3) prav ide hedgi ng al ong Fai rn�►or� Str eet w ith eagi ng, weed barrier ana mulch prior to reoor8ing; and (4) subciivide parcel to be adaed to residential lot to west ooncurrently with reoording. Seconded by (b�mcilman Schr�eicier. Upon a voioe vote, all voting aye, Nayor Nee declared the mation carried unanimously. : tf � • � ! •� " I 3 • •• ��• • �•• . .�� • � Mr, l�bertron, Cb�rantnity Developnerit Director, stated the petitioner, Mr. Klus is appealing the Gbtmcil's ac#.ion on this shop�ing center's sign plan whidl was approved kyy Council on Ju1.y 20, 1987. He stated because the r�tioe that this item would he on the Gbtu'icil's aqenda werit to the shopping ceriter's address and not rir. Klus' residenoe or busirress, Mr. Rlus felt this -11- � � �• �, _ ,�i� � � • :.�: • : : dich't oonstitute official rotification. Mr. R�berts�n stated Mr. Rlus has requested that the p�rta-Fanel be included as �art of the permanent sic� plan ana this feature of the plan was deleted kyy the Council at the July 20, 1987 meeting. He stated the oriqinal building permit for this shopping oeriter was issued ab�ut ten years ago and contairr�d 14 stipulations, two of wlv.ch haven't been wmpleted. He stated staff is reo��nending no changes in the Co�cil's approval of the'sign plan and to add the requirenerit that a b�nd or letter of credit for $2,000 be sutmitted }�r April 1, 1988 and the landscaping be �mpleted b� June 30, 1988. Mr. Rlus, owr�er af the Riverboat Flaza Shopping Center, stated he reoeived a call fran L�ryl Nbrey requesting a siqn plan be submitted. He stated he compliea and was advised this was a housekeeping item. He stated he received no notification and didn't know the sign plan was before the Cb �cil . Mr. K1us stated he purchased this oeriter in 1986 and did a title search and fotm6 no requirenents for a comprehensive landscaping plan. He stated he did riot I�aw why he had to mmplete lanc3scaping in orcler ta obtain a sign permit. He stated he is r�ot �,nwilling to cb some lanclscaping, but did not want to purchase another sign. Mr. Klus stated the porta-panel sign referred to tr� the City staff he refers to as a free standing sign. He further stated that this evening was the first he had heard about a$2,000 bonc3. Mr. Kl � stated he would 1 ike the Cbuzcil to reoonsider appraval of the �ic�t plan as st�mitted and he would work out an acoeFt.able landscapi.ng plan with staff. He stated the free standing sigz is very un�rortant to his tenants. I�yor Nee stated the landscapinq requirenent was �art of the building permit and there was gross negl igenoe on the �art of the �evious awner. He stated he c'�ich't l�ow wY.y Mr. Klus' search wouldn't have sY,awn that as �art of the buildinq permit stipulations. N�yor Nee stated the use of a porta-�anel sic�n i.s allawed up to three times per year per business for mrroonsecutive t�en c�y periocls. Mr. Kl us stated he feels this is a free standing sic� ana not a porta-Far,el sigz. He stated it i s anchar ea and not on wheel s. (buncilman Schneider asked the square footage of the p�lon sign and the porta-�anel sic�n. Mr. Robertson stated the p�lon sicgi is 64 s�uare feet and the p�rta-panel sic� is 32 s�uare feet. Councilman Schneic7er stated the r�de requir�nent is not wer 80 9quare feet so the9e two sicg�s oombined are wer the a�de requirsnents. Cb�cilman Fi.tzpatrick stated he thinks it is only fair that the petitioner and staff lalow his inter�etation is that the sicgi is a porta-Far�el sic�. Mr. l�bertson stated if the petitioner desires a reader board, it oould be inoorporated with the p�lon sign. He stated the code requires a free -12- � ��1 � ��l. �_ �fl �_�� • . «. standing sign be ten feet off the grotsid. Ae stat�ed if Mr. Rlus oonsiders this a free standing sic�, it is algo in violation of the v�de. Gbimcilman �YtzFatrick felt the petitioner and staff should discuss the details of the sic� glan for the Cbtmcil's action at the r�xt meeting. Nhyor Nee asked Mr. Kl� if he is in agreenent with the landscaping plan. Mr. IQus stated he di.ch't believe it �ould be included as Fart of the sign plan appraval. Mr. FYank Walz, attorney representing Mr. Rlus, stated Mr. Rlus didn't believe a c�ndition for lancZscaping should be attached as a stipulation to the sic� plan. He stated the landsca�ing has been ignored for a ten year period and didn't know why the City dic�'t take action to enforce the stipulation. He stated to impose landscaping as a condition of the sign permit is im�roper. Mayor Nee stated he has no problem with deleting the landscaping as a a�ndition of the sign glan. Mr. Herrick, City Attorney, felt the two issues should be divided. He stated the fact of the matter is the sic�n is not in a�mpl ianoe because it is over the Square footage allaaed and less than ten feet fran the ground. He stated thege two issaes should be discussed in oonj unction with the sign plan. He felt the landscaping should be aonsidered on a se�arate basis. NDT7]ON b,� Councilman Fitzpatrick to table this item to March 28, 1988. Sec�nded b� Councilman Schneider. tTp�n a voioe vote, all voting aye, Mayor Nee declared the motion oarried unanimously. 9. CON�zDERAT�f N OF REVISED COMPREHENSIVE SIGN �N FOR MOON PLAZA, 6201 UNIVERSITY AyENUE • Mr. lmk�ertson, (bm�ninity Developnent Director, stated Mr. Gearman, aaner of N�oon Plaza, has sutmitted a request to revise the sic,n plan for this shopping center. He stated Mr. Gearman is prcposing to use pre-formed letters, either gluec3 or scrEwed, to the present steel backing or to install �ic�s with pre-finistted backing using pre-formed letters. Mr. 7wen, repre�eriting Mr. Gearman, stated for every sign installed at the shopping oenter sinoe 1965, a permit has been issued Cbuncilman Billings stated information oompiled by staff indicates the lauldry and dry cl�ners and A-1 Garment reoeived no si.c� permit. I� stated Lec�aein's and the c�aphics �m�arYy i.nstalled a sic� which was 6ifferer�t fran what was a�aved. i�e stated North Star Vic3eo was granted a variance for th ei r si c� whi d� has sinoe expi red. Co�cilman Schneider stated the whple �noept of the sic� plan was to allow the tenants �me variety, but within def ined guidel ines. Mr. Iwen stated in rec�rd to the Ledwein sic,�, this awrer �me in ior a sic� -13- at;. �1 � � !�.1�. �_ �� ±Si! � ' �';�«' ' : .; permit anc� he c�ch't know anything about it. Ae stated Powder P�uf and Plaza Qeaners are grandfathered. He stated everyone in the shopping c:eriter scrEws the sic�s to the �acking. He felt it would be easier to pre-form the letters on their aan kacking and scraa it on to the present �acking. Mr. Herrick, C�ty Attorrey, stated it is the responsi.bility of the awner of the b�uilding to make sure the siqnage is legal. He stated the ultimate enforoe�nerit rests with the Ci.ty. He stated if sic�s are grandfafhered, it doesn't mean they are grandfathered forEVer. Ae stated he would submit a meno to the Co�cil on enforoe�nent ana toud� on grandfathering. He stated in reyara to grandEathering, the oourts have c�clared you have to permit a r,on-oanforming sic� to be �ed long enough so that the investment in the sic� is amortized. He felt if same of the signs have been there sinae 1965, this has been acaomplished. He asked haw many existing sic�s meet the sign pl an req ui renerit s. Mr. Iwen stated 80$ of the existing sic�s meet the requirenents of the sign gl an. Mr. Iwen stated temnts are told b� C�ty Hall staff that the City will be purchasing this shopping ceriter as it is in a renewal district. Mayor Nee statea there is r�o plan whatsoever for the City to purchase this shopping c�riter. (bimcilman Schreider stated it is unfair to make s�me of the shopping oenter owryers cAmply and let athers cb as they please. Mr. I�bertson stated the question is if any more sign permits should be issued until the matter of the o�mp�ehensive sicgi plan is regolved. Mr. Herrick stated if there is a request for a sigz, it would have to domply with the sic� plan whirh was approved. Cauncilman Billings stated he unc7erstands Mr. Gearman has sutxnitted a r�vi�ed oomprehensive sign plan which is different from what the Go�mcil appraved He stateci rir. Olson has submitteci a letter and stated he �mc7erstani� the shopping oer�ter was to reoeive a faoelift and dich't want to c�-iange his sic� at the present time, if it would require another change sometime in the near future. NDTION b� Co�cilman Billinc}s to deny N�.r. Gearman's request for a revised eam�ehensive sic� plan for Nk�on F�laza. Sea�ncZed b� ��cilman Fitz�atrick. UFon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. rDTION b� Cbuncilman Billinqs to direct staff to wr�act Mx. Rim Olsen and I�r. Cearman ancj/or his represer�tatives recprding the sukmittal of plans for the facade and signage reinodeling plan and timetables for oompletian. Semnded b� Councilman Schrieider. Upon a voioe vote, all voting aye, Nayor Nee declarec3 the motion carried unanimously. -14- ' ��i _� ��1�. �_ I�1 • �: +��i• • ; � 10. CONSIDERATION OF AN 18 MONTH CONTRACT WITH SUPER CYCLE FOR THE PERIOD $E'I'WEEN ,7ANCIARY 1. 1988 Z�0 JUI� 30 . 1989: NDTmN b,� Coumcilman Billings to approve an 18 month oontract with Super Cyc1e for the period of January 1, 1988 through June 30, 1989 for a base amount of $36,045. Sec�nded tr� Cb�cilman Fitz�atrick. Up�n a voice vote, all voting aye, I�yor Nee declared the motion carried unani.mously. 11. �ONSIDERATION,�F SETTING A PUBLIC HEARING FQR A�RIL 4. 1988 �?R CABLE T�L�EVISIQN FRANCHISE REI�TAL: MJTIDN b� Gbt�cilman Schneider to set the public hearing for April 4, 1988 for the Cable Television Franchise renewal. Seoonded by Councilwoman Jorgens�n. t7Fon a voioe vote, all voting aye, Mayor Nee declared the mation c�rried �animously. I2. RES�LUI'ION I�U 2I-1988 IN FAVOR OF MtJNICIPAL ZODTII� AUI'HORITY IN THE MATTER Q�' THE IiCX'ATION OF LI�ENSED RESIDENrI�L PROGRAMS UNDER MINNESOTA STATUTES 1�$7 SU��LEN�ENT. SECTION ��A 11. SUBDIVISION 3. AND IN OPPOSTT�ON TO �f-IAI�ES PROPOSED BY S F I� 1626 A1�ID H F I�A 2154: rDT�UUN t� Co�cilman Fitzpatrick to acbpt Resolution No. 21-1988. Seoonded tr� Q�imcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously. 13. RESOLtTr�ON NO 22-1�,8$ ORDERING PRELIMINARY PLANSl SPECIFICATIONS AND TES THE ET Nr E ' NDTIDN b� Cb�mcilman Schneider to acbpt Resolution No. 23-1988. Seoonded b� Councilwoman Jorgenson. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RE�LUI'TON I�A 23-1988 AVI'HORIZII� THE TRANSFER OF THE REMAINING FUNDS FROM �HE RETIRED SPECIAL ASSESSMEIJr BOI�ID FC11�IDS � THE CAFrAL IMP%7�IEN1EI�lr Ft11�ID A1�ID THE M. I. S. FUI�ID • iK3TI0N by Cbuncilman Schneider to acbpt Resnlution No. 23-1988. Sewnded }x Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion aarried unanimously. 15. RESOLI�PION I�?� 24-1988 STAT�NG THAT PLANS FOR PROJECT NO 02-601-33 AND Q2-608-07 SHOW�NG PROPOSED ALICLNMENT. P1�FILES. GRADES AND CROSS-SECTIQNS FOR THE OONSI'RUCTION, REC�OIQSTRUCTION OR IMPRUVEMEI�Tr OF OOUlJI'Y HIGHWAY N0, _1 �,11�ID Nl� 8 WITHIN THE LIMITS OF THE CITY OF FRIDLEY AS A QO[JNI'Y PROJECT HAVE �,EEN PREPARED AI�ID PRESENI'ED TO THE CITY: i�h�. F1.ora, Rib2ic Works Director, stated this re�lution is to approve the Co�mty's plans for the im�rsavenent of the East River Road and Osborne Road inter�ection. He stated the project is a Federal and County project for $1,000,000 and the City's FarticiFation is about $95,000. He stated some of the additional items the City reguested the County consider was the eul-de-sacing of Talmadge Way, the Commerce Lane widening of the -15- � ��1._� �T_ �� a � �. � �Ci11«• • i 1 i.ntersection of Osborr�e Road, the �ii.keway/walkway between Main Street and University Avenue, and installation of k�acklit street names and cb.rectional ar raa s. Cbtncilman FYtz�atrick stated it seeqns the itens r�uested by the City are all listed as cfiange orders. Mr. Flora stated the �xoject is, essentially, F�ederally f�ded anci in order to meet the criteria, the Cb�ty attempted to mair�tain ap�xoval only for the intersection and roadaay of East River Road and Oshorre Road. Cbtmcilman Fitzpatrick asked if the homes had been removed. Mr. Flora stated none of than have been reqnoved as of yet. Ftiirther, the Cflimty advised that the three homes they are purchasing would be renaved some time in J�.me. He stated the remaval of the hotnes is Fart of the F�deral funding for the �oject ancl woulcl be inoorporated in the items advertised for the imprwener�t of East River Road. Gb�ncilman �tz�atrick stated arother �roblen is the failure of the County to acquire one of the �aroels. Mr. Flora stated the City has received a letter fran the Cbunty in which they indicated if the City desires, they would be willing to work with the City to renave the one hane in question. Councilman Fitzpatrick stated because of an oversight in the County's original plan, the City vaould t�w have to bear this o�st in order for this orye hcme to be renaved Mr. F'lora stated the City has requested a n�arber of items be cbne in this project. He stated the Gounty is installing curbing, red brick in the median, the bikeway/walkway aZong Osborr� Road, and the drainage and ponding as�ociated with additional storaqe for Oakland Creek. He stated the other items the County weuld oomglete as a diange order to the origiral aontract. rflTION b� Councilman FS.tz�atrick to acb�t Res�lution No. 24-1988. Seoonded by Cb�cilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. 001�?SIDERATIQN OF A JOINr POWERS AGREEMENT WITH ANOKA COLTNT� FOR THE EAST �2IVER RQAD AI� OSBORNE ROAD INI'ERSECI'ION IMP1�lEMENP PRf�TECT: NDTION b� Co�mcilman �tz�atrick to authorize the City eritering irito a joirrt powers agreanent with Anoka Co�mty for the East River Road and Osborne Road inter�ection improvenent project. Sea�nded b,� Gb�ncilman Srhneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTIQN N0� 25-1�88 TO DESICNATE PARKING REST�t�,�TIONS ON S A. P Q2-�ti1-�3 FR�i LOGAN PARKWA� TO C IG WAY N E= AND S A P 02-608-07 FR,Q.�I c'.SA�i �?. 1 Z+0 QO1+�MERC� LANE: NDTION b� (bimcilman Fitzpatrick to acb�t Resolution No. 25-1988. Seoonded by Cbu�cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -16- • ,�� _ � •�.y. �_ i • ,�_: :.�• ' � � •�► , � � • �• ;� :: ► • �u �1 Mr. Flora, Public Works Director, stated the City has been receiving calls regarding the �arking of vehicles on 72nd Avenue between Highway 65 and Central. He stated there appears to be a Farking problen in this area and because of the nunber af drivaaays fran the a�art7nent wmplexes onto 72nd Avenue and to make it enforaealale, staff would suggest installa�ion of no �arking sicyls on the south side of 72nd Avenue fran ap�roadmately 1200 72nd Avenue to the intersection of Qentral and 72nd. I�DT�N b� Gb�ncilm�n Schneic7er to concur with staff's reoommendation and authorize no parking signs on the south side of 72nd Avenue from approximately 1200 72nd Avenue to the intersection of G�eritral. Seoonded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried w�ani.mously. 19. OONSIDERATION � REC�IVE AI�ID REJECT ALL BIDS SUBMITTED FOR THE SATELLITE FIRE STATION A1�ID READVERT�SE F�OR BIDS: AND s'ONSIDERATION TQ ALTrHORI,�E AN ADDIT�( NAL $1 Q00 FOR THE REDES�GN OF THE �LANS AND SPECIFICATIONS: NDTION by Councilman Schneider to receive the follawing bids for the satellite fire station: L�ailey �nstruction $158,900 Bric}mer Builders $154,500 S�ai.mgel Q�nstruction $184,000 t�3errimac Const. cb. , Inc. $181,911 Ge�n Gbnstruction (b. $190,931 Seaonded lx (buncilwanan Jorqenson. Upon a voioe vote, all voting aye, Neyor Nee declared the motion carried unanimously. ND7ION b� ��mcilman Schneider to reject all o£ the above tucls and authorize an ac3ciitional $1,000 for the redesic� of the plans anc3 specifications for the satellite fire station and the re-advertising for bids. Seoondeci by Cotimcilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee c�eclared the motion carried unanimously. 20. CJOI�'SIDERATION QF CHANGE ORDER NO � FOR SPRINCBROOR NATURE CENTER POND IMPRQVEME1Vr PROJECT 1�U. 173 • NDTION by Councilwoman Jorc,enson to approve Change Order No. 1 for Sprinc�rook Nature Center Fond Improv�nent Project No. 173 with Gammon Brothers, Inc. for the additional amount of $23,008.75 and a revisec3 contract of $308,074.25. Seconded b� Coi.uzcilman Schneider. Upon a voice vote, all vating aye, Nayor l�ee declared the mation aarried unanimously. 21. QQNSIDERATION �0 RECEIVE AI�ID REJECT ALL BIDS SUBMITTED FOR THE ELECTRONIC j�TARNING SIREN ADID READVERTISE F�OR BIllS -17- : r�,� � •! 1� � �ia+ • � ; :.«• : : N�. Hill, Public Safety Director, stated on February 29, 1988 bids were opened for the electronic warning sirens. He stated a bic7 was reaeived fran �ederal Siqlal (brporat.i.on for $87,024 for the base bicl and $82,224 with trade-in. He stated Alerting Comammicators of America di.d not bid on the City's base specifications indicating they took exception to our specifications and instead they used option two to bid a basic. He stated, in addition, Alerting CaranLmications of America failed to sic� the bid bond whidl technically made it def icient. ' Mr. Hill stated there are three major manufacturers of these sirens in the ao�try and while Wheln Engineering Com�any contacted the City in rec�ard to a r�ew product line, they failed to su}anit a bid. He felt it was in the best interests of the City to reject all bic� and readvertise. Cb�cilman Schneider asked if they would warit to install these sirens before the tornacb season. Mr. Hill stated although there is a minor problen in rep�rting of the si ren stat� to aentral aomQnunications, it cioesn't affect the existing sirens operation in the field He felt the r�w sirens will be installed this year. N�yor Nee asked if the specifications would be different from the oriqinal ones. Mr. Hill stated the specifications would be less tedlnical on s�me of the itens and a trade-i.n would be mandated. Mr. Herrick, City Attorrey, stated if alternates are to be accepted, this should be mntaired in the specifications and the altern�ates defir•ed. He stated everyone should have the opport�mity to bid on the base bid and ariy al ternates. N�. �rry Willia�ns, Alerting Comm�ni�tors of America, stated he has been working with Mr. Hill and Mr. �rnbull on this project. He stated somehaw the bid b�nd was sukznitted without being signed. He stated there may be gome features which can be reciesi�ed ana the location of the tnits changed to reduoe the mst. Mr. Terry Lane, Blaine Electric, stated he and his father have been installing civil defer.se sirens in the 7.tain Cities area for 30 years. He stated after r�view of the City map, he feels there is overvoverage and the nunber of sirens aould be recluoed. N�. Hill stated the specifications will be redrafted, but no conclusions have laeen made on any reduction in sirens. He stated, at this time, it appears the costs will be lawer than estimated. NDTION b� Councilman Schneic�er to receive the follawing bids for eight electronic outcbor warning sirens: Alerting Comm. of America -1� Base Option Option Bid 1 2 $79,936 • �� • �, 1_ til�i • y_��«• _ Flederal Sic�al 4�rp. $87,024 $82,224 Se�nded tr� Gbuncilwanan Jorgenson. Upon a voioe vote, all voting aye, Nhyor Nee declared the mation carried unanimo�Iy. I4DTIDN b� G��mcilman Schneider to rej ect all of the above bids for eight electronic outdoor warning sirens and direct staff to prepare new specifications and re-advertise for bids. Seconded by Councilwoman Jorgenson. Upon a voiae vote, all voting aye, N�yor Nee declared the motion carried Lmanimously. 22. QAIMS:. PDTION b� Cbimci.lman Schneider to authorize payment of Qaims No. 19110 throuc� 19296. Seo�nded tr� Gb�cilwanan Jorgenson. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. LICENSES• IrDTION b� Cbua'icilman FYtz�atrick to apprave the livenses as surmitted and as on file in the Lioense Qerk's Office. Seoonded by Councilman Billings. U�ron a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimo�ly. 24. �STIMATES• IrDT�ON b� (b�mcilman Schr�eider to apprcyve the estimates as sutmitted: Herrick & Newman, P. A. 6401 University Avenue N. E. Fridley, rN 55432 For Servic�es Rendered as City Attorrey Fbr the I�nr�th of �ebruary, 1988 . . . . . . . . . . $ 1,860.00 Gammon Brothers, Inc. P.O. Box 83 Rogers, N[V 55374 Sprinc�rook Nature Ceriter �bnd Im�arenent Proj. #173 Estimate No. 3 . . . . . . . . . . . . . . . . . . . $61,530.25 5hank Mechani.cal 3501-85th Ave. , 1y Minneap�lis, NIV 55443 Re�air of Commons Park F�Itration T1larit Project #164 Estimate No. 5 & 6 . . . . . . . . . . . . . . . . . $342,813.00 E.A. Hickok & Associates 545 Indian Nbt.md Wayzata, NN 55391 -19- i �� y��l � 1�s_y_«• � �lj Nbore Lake F�hase II Project #149 I�rtial Estimate . . . . . . . . . . . . . . . . . . $ 1,213.61 Sea�ncied b� m�mcilman Billings. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion c-arried unanimously. �! • 1is �� i 1rDTI0N by Councilman Schneider to adjourn the meeting. Seconded by Cb�mcilman Billings. Up�n a voioe vote, all vating aye, N�yor 23ee declared the motion c�rried unanimously and the Regular Meeting of the Fridley City Co�cil of l�irrh 7, 1988 adjourned at 11:09 p�.m Respectfully st�tmitted, (�role Hadchd Willian J. Nee Secretary to the City Cb�ncil Mayor Appraved: -20- P[JBLIC HEARIl� BEFI�RE TfiE ' QTY OOUI�X3L 1 Notice i5 hereby given that there will be a Public Hearing of the City Co�cil of the City o� Fridley in the City Hall at 6431 University Avenue Northeast on Monday, March 7, 1988 in the Cot�cil Q�anber at 7:30 p.m. for the purpose of : Consideratio�n of a Fina1 Plat, P. S. �87-07, Heather Oaks, by Brickner Builders, Inc. , being a replat of Lot 16, except the East 33 feet, Auditor's Subdivision No. 92, and Outlat A, A�corn Hills Addition, and that part of Lot 14, Auditor's Subdivision No. 92, which lies East of the West 165 feet thereof, a�d Lot 25, Auditor's Subdivision No. 92, except the southerly 150 feet including a right of way, and all that part of Lot 24, Auditor's Subdivision No. 92, except the south 150 feet o� the �st 80 feet of said Lot 24, including a riqht of way, all generally located at 5980 Stinson Boulevard N.E. Any and all persons desiring to be heard shall be given an op�rt�ity at the above stated tim�e and plaoe. WII,L7AM J. 1�E NY�YI�R - z Publish: February 24, 1988 March 2, 1988 Any questions related to this item may be referred to the Fridley Commt�ity Developner�t Department, 571-3450. % % 1A � � cinroF fRIDLEY PLANNING DIVISION MEMOR.ANDUM � N'�MD ZO: Jock Robertson, Cbirn►Lnity Developnerit Director City Co�cil I�P+D FROM: Jim Robinson, Planning Coordinator NEM� II�TE: Marc� 24, 1988 RDGARDING: Heather O�aks Plat On March 7, 1988 the City Cotncil held a public hearing to r�view the Heather Ci�ks Plat as proposed by Briciv�er Builders. At that time the public hearing was vontinued to March 28, 1988 due to incomplete drainage and Plat sul�nittals. At this time, staff has reoeived the r�eoessary drainage and Plat plans, and they are in oonformanoe with the Planning Commission direc;kives. The attached stigulations include six stipulations passed on f rom the Planning Camnissial and an additional three stipulations which have been added sinoe that time. Stipulation six has been modified slightly to r�flect the restraints imposed by the need to hold off on constructing the new harclsurfaoe drivcway to Ettel's new yarage u�til sudz tilae as the street curb is installed. �e 55,000 letter of credit ar a portion thereof would be held to ensure that the driveway is vompleted. Also r�ote that item six contains the qvestzc�ns as to whether the replacement garage should be a double or sinale. Presently a single garage exi�ts which will have to be removed in order to aonstruct the cul-de-sac. The Code would require that a double garaoe be installed. Stipulation seven is v�nsistent with Chapter 211, the City's subdivision orclinanoe which calls for a letter of credit ir_ a suf£icient amount to oover the installation of streets and util ities whc .;ever a developer cZeeides to mnstruct puhl ic impravanent. �he surety is r,�-cessary to protect the City anc3 future residents of the area in the event that the developer fails to make the neoessary public improvements. Stipulation eight calls for an inspection fee of 5$ to oover our Engineering Department's inspection servioes. �is fee is rbrmally wurked into the assessments when the City vonstructs the putalic impravenents. Stipulation nine recoc,nizes that the Final Plat does a�ntain one variance for lot width, fran 75 feet required to 65 feet provided, for the Ettel house parcel. This variance is not sic�ificant given the size of the lot (16,000 sqcaare feet) and the lot width of 90 feet at the existing house. Attached ple+ase finc3 a resolution which may be appraved at this time. ' •�� M-E8-66 :�:r.`_� . /M �,� � �_ A RL'SCLITI'ION AP'F�ItUVIA� FIA�fL PI.� OF HF�4IIIt C�1R5 WHF�tEAS, the Planning Commission held a public hearing on the Plat, P. S. #87-07, on February 10, 1988 and reoommenc3ed approval; and WHFREAS, the City Co�cil also conducted a publ ic hearing on the proposed Plat of Heather Oaks at their March 7, 1988 (bwzcil meeting and approved the Plat at their __, ].988 meetinq; and NOW, �IIItE�ORE, BE IT RF�CLVID that the City Council of the City of Fridley hereby appraves the Plat )mown as Heather O�aks, with the stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sic� the Final Plat as prepared by Ronald F. Meyer. 8E IT FiTi�HIIZ RFSCLVID that the petitioner is requested to reaord this Plat at Anoka Co�mty within six (G? months or said appraval will beo�me null and void. PASSID AI�ID ADOPI'ED BY THE QTY C17UNCIL OF THE CITY OF FRIDLEY THIS L1�Y OF . 1988. WTI�LIAM J. 1�E - I�IAYOR A'L�i'EST : 3iIRLEY A. f�AAPALA - CITY CLERK : 1C EXHIBIT A il, �� . �• •' � P. S. #87-07 S'PIPULATIONS 1. Developer to submit a preliminary plat with dimensions, lot area cal cul ati ons and easements pr ior to Co�cil publ ic hear ing. (compl eted ) 2. Developer to subdnit a storm drainage plan prior to Council publ ic hearing. (oompleted) 3. Plat to be desiqned so as to provide for a full cul-de-sac with the addition of the Ettel property. (camgleted) 4. Storm sewer assessments to be paid prior to e�aecution of glat by City. 5. Park fees of 51,500 per each new dwelling to be paid with new building permit. 6. The Ettel property to have a new garage (Coincil to decide if double or single as existing is) with a driveway �nnecting to the new cul-de-sac, garage to be oonstructed prior to the transfer of the awnership of the Ettel house parcel driveway upon oompletion of cul-de-sac. A letter of credit in the anoult of 55,000 to be sul�►itted to the City of Fridley prior to the City's executing Plat. 7. Brickner Builders to furnish a letter of credit in the aQno�t of 598, 620 to oover installation of street and utility impravenents in the event of dev e1 ognent def aul t. (added 3/ 23/ 88 ) 8. An i,nspection fee of five (5$) of estimated construction cost (.OS x 598, 620 = 54,931) to be paid to City prior to exewtion of Plat by City, to o�ver st r eet and ut il ity inspe ction serv ioes. (added 3✓23/ 88) 9. The City Coulcil reooglizes and appraves the varianoe for lat width to 65 feet for the Ettel house �rvel. (added 3✓23/88) - -- -- --- _ , . 1D. PLANNING COI�'�'IISSION MEETING, NOVFMBER 18, 1987 PAGE 4 1. Provide parking lot signage designating the six stall b of parking, i��diately adjacent to daycare facility s reserved for daycare users on rionday through Frid 6:00 a.m. to 6:00 p.m. 2. Provide parking lot signage designating nin talls directly west and across the driveway fram the da e facility, as reserved for daycaxe employees only Dio y through Friday 6:00 a.m, t�o 6:00 p.m. 3. Provide playground area and nt details prior to build- ing permit for staff approval 4. Building facade materials r daycare to be consistent with approved plans for ent' complex. 5. Parking situatian f daycare and apartment conQlex to be reviewed after o year of operation to determine parking sufficiency. 6. Signage pl to be submitted for review prior to City Council review. UPOP1 A VOIC OTE, ALL VOTING AYE, CF�,IRPERSON BILLINGS DDCI�ID TI� MC7I'ION UNANIMOUSLY. stated this item w�ould go to City Council on Dec. 7• 2. PU�LIC F�ARIIVG: CON��ERATION OF A PRF��IP'lINARY PLAT, P.S. #87-07, HEP,THER QAKS, BY BRICKNER I , . Being a replat of Lot 16, except the East 33 feet, Auditor's Subdivision No. 92, and Outlot A, Acorn Hills Addition, and that part of Lot 14, Auditor's Subdivision No. 92, which lies East of the West 165 feet thereof, except the East 30 feet of said Lot 14, all generally located at 5980 Stinson Bouleva�zl N.E. Ni0►�ION by Ms. Sherek, seconded by Ms. Schreiner, to waive the formal reading of the public hearing notice and open the public hearing. UPON A VOICE V(7I'E, ALL VOrI'ING AYE, CHAIRPERSON BILLINGS DDQ�ARf� THE MOrI'ION CARRIID UNP,NIl�'IOUSLY AND THE PUBLIC HEARING OPEN AT 7:47 P.M. Mr. Billi.ngs stated item 3 of the ager�da was far a vacation for the same property. Sinoe the vacatian did not require a public hearing, he would recommend th�y talk about the preliminary plat and the vacation at t.he same, time. Mr. Rflbinson stated both it�ns w�ere related to a petition for the approval of a 12-lot preliminazy plat by Brickner Builders, represented by Richard Brickner. The praperty was located west of Stinson Boulevard and north of Gardena. It was approximately 3� acres in size. The zoning was all singl.e fami.ly so the develognent was wnpatible with the surrounding 1E PI,ANNING CONAIISSION T�TING, NOVEI��'IBER 18, 1987 PAGE 5 area. The largest tract was vwned by Irene Mitchell, and there was a single family house on that property. The street vacation would involve an obsolescent piece of dedicated right-of-way intended for a McKinley Street extension at one time in the past, but which is no longer connected. �ao other paroels to the west are owned by the Jordan's and the Moe's. In addition to that, there is the option for tw�o other parcels of property to be oombined with the plat, and those are owned by th�e Ettel's and the Costello's. Mr. Rd�inson stated the 12-lot plat that was being proposed does meet all the codes. All the lots are in excess of 9,000 sq. ft. and are at least 75 ft. in width. The property is heavily wooded with gently rolling terrain and will be quite desirable for single family hames. Mr. Robinson stat�ed the proposal was to extend a 50 ft. right-of-way with 36 ft. of paved surface to the west which will terminate in a cul-de-sac. The road aligrurents and design also meet the code and engineering specifi- cations. Mr. Robinson stated another option being pursued with the landc�mers involved the two other properties to the south o�med by the Ettel's and the Costello's. They have asked the developer to talk to these parties to see if they had any interest in developing their properties, since this was tYye final oppor- tunity to be connected to the city street. These are quite large lots. The Costello's have .6 acres of surplus property to be dev�eloped, ar�d the Ettel's hav+e.3 acres of surplus property to be developed. By including these properties and then turning the road to the south with a cul-de-sac, they would be able tro increase the developrnent to 15 lots. This was not necessarily a goal of the city, but they are txying to loak at all the options before they close off any opportunities to develop those properties. A1r.Rrabinson stated apgarently the Brickner's and the Costello's have reached a tentative agreem�nt on the aoquisition. The Ettel's, however, are ezncertain as to whether they would like to dev�elop at this time. Mr, Robinson stated the City met with all three parties on Monday to discuss the financial feasibility of the Ettel's being included in the develo�r�ent and perhaps even retaining one of the additional platted lots to go with the existing house to maintain a l.arger lot. Mr. Rcabinson stated one of the advantages for the Ettel's to particigate was they would then be able to link up to the city street; whereas they now have a private driveway easement with an uniripraved driveway. They would also have to ren�ve an existing garage and replace that garage on the house site and connect a hard surfaoe driveway to the garage. He did not knvw if a resolution had been made on this issue in time for the Planning Co�cu.ssion meeting. Mr. RQbinson stated that as far as stipulations, Staff would rec�nd a park fee of $1,500 per lot and that the necessary easements be granted with the plat. pLANNING Ooi�4�1ZSSI0N r�E.TIP�G, NOVFT'1Bg2 18, 1987 1F. PAGE 6 Mr. Barna stated that Lots 5, 6, 7, and 8 wpxe in the situation that the City has had frequently in the Heather Hills area where the lots end up, after front yard and rear yard setbacks, with no place to put a house without variances. They have a depth on Lots 5 and 6 at the perpendicular line of �9 ft. and on Lots 6 and 7 at that center point of about 60+ ft. Mr. Robinson stated Lot 6 was questionable, and probably a rear yazd variance would be required; however, a hause could be put on that lot to meet oode. Houses could be designed to fit all of the lots. It was p�r�ature for the developer to have designs at this point. He stated the developer was very experienoed and realized what the city orrlinances are and what kind of houses he can put on these lots. Mr. Barna stated he would rather see a development looked at closely before it gets laid out in ooncrete and material as to what variances might com�e up in the future, instead of creating a situation where the people have no choice but to came in for variances. Mr. Robinson stated he did not know haw they could speculate on this prior to having the house plans. Mr. Barna stated he just wanted to have his concerns regarding variances on record; and if the developer ocxries in for variances, particularly on Lot 6, it is going to be considered a"self-created" problem. Mr. Brickner stated they are willing to ocxr�ly with city vode. As long as the lots meet code, they will build houses to meet that oode. Mr. Billings stated Mr. Barna represented the Appeals Carmission. Mr. Barna was looking ahead tQ the possibility that not only might the builder be looking for sarething within the next few months or 1-2 years, but even 5-10 years later when there is a change in c�-iership with new awners want- ing to cb different things to the pronerty. He was Just trying to look ahead and see what future problens might exist. Ms. Schreiner stated she shared Mr.Barna's oonoerns. 5he asked Dir. Brickner what type of home he was reoomrending for both lots 6 and 7 which were so�iat limited in area. P4r. Brickner stated a 35 ft. depth on hame was more than adequate. They always design the hanes to fit the lots. Mr. James Tiller stated he was an attarney representing Mr. & Mrs. Costello. Since McKinley St. does abut the Costello's property, they strongly object t.o any vacation unless their property is included in the plat. Mr. Tiller stated he would like to give a little mare detailed history of this area. The surrounding area has been develaping gradually over time, and at all times prior to this, City Staff has assureci the Costello's that the rear portion of their property w�ould not be landlocked. After the City approved the McKinley cul-de-sac an �er Oaks to the north, tlze City then 1G PLAiv'NING CON�'iISSION MEETING, NOVIIvIBER 18, 1987 PAGE 7 switched their planning e�.�hasis to an east/west street between Benjamin and McKinley. After a time, that access on Benjamin was cut off, but at all tirres, until naw, the Costello's were assured their praperty would not be Iandlocked. McKinley Street has been their protection because it is a dedicated street and has been there for 30 or more years. It abuts their property and has provided them with some protection and assurance. Mr. Tiller stated that until the final configuration of the plat was arrived at, it was pr�mature to vacate McKinley Street. Mr. Brickner had no right to expect that the street be vacated soley for his benefit without taking into consideration the adjacent p�perty awners. That particular city ease- m�nt was the last chance for the city and for Mr. Costello to protect his property frccn being landl4cked. Six-tenths of an acre for this type of property was valuable, even more valuable to the city itself due to increased valuation and improved aesthetics. He believed Mr. Costello was anxious to be reasonable in including his property in the plat. He thought the plat was very workable with Mr. Costello's property. The Costello's have no problem with the vacation if they are included in the plat. Mr. Mahlon D;oe stated the plat shaas McKinley St. easement along both t�Lr. Jordan's and his lots, but actually it was only behind his lot. He stated that at the time they built their hane, they gav�e that easemsnt as a safeguard to the city, thinking McKinley St. would eventually go through. Mr. Billings asked Mr. Ettel if the alternate proposal referred t� by staff t� include his property and Mr. Costello's property was samething Mr. Ettel thougl:t might b�s workable. Mr. Ettel stated it was passible. The problem was they have not lived in this house very long, and they have a h=c� mrtgac�e . I£ they wei-° •`.o participate, it would mean selling their lot for not a high fee; and, according to the developer, they would be responsible for the removal of the garage. They would have to build a new garage, buitd a driveway for access, and this all would just be too costly for them rir�t nvw. One of the things that had been considered was for the developer to buy the whole parcel--the house and the lot the garage was on, but the developer is not interested at this time. Mr. Ettel stated he was not opposed to the dev�elop�nent as proposed by Mr. Brickner, and he would participate if tYye niunbers can be w�orked out. Mr. Harvey Wager, 5940 Stinson Blvd. stated his only concern was he wanted the builder to be aware that they have a storm drain alonq the line where the NLitchell/�ttel/Wager property come together. Maybe a stipulation could be inclt3ded that said the stornn drain pipe would remain intact. Mr. Billings stated as one of the nornia.l stipulations, a drainage plan for the plat has to be approved by City Staff and the Rice Creek �latershed District that says the drainage will not adversely affect either the new develog�nt or the adjoining prc�erties. � �I H� PI.F�NNING COt•4�lISSION MF.EI`ING, NOVFl"1BER 18, 1987 PAGE 8 Mr. Robinson stated this plat was in the Rice Creek Watershed District and because of its size, the drainage plan must be approved by the Rice Cree.k Watershed District prior to the final plat being apprwed. The developer is aware of that. Mr. Robinson stated, apparently Mr. Ettel has not been given any financial figures yet for his review. The City has anly fulfilled the public hearing notice r�uirement for the 12-lot plat. If the other properties are included in the plat for full participa.tion, the City will have to have a renotification and have another public hearing. Mr. Brickner stated when they proposed the 12-lot plat, they had made offers to the Costello's and Ettel's. l�ir. Costello had accepted, but Mr. Ettel had not. On Monday night they had a meeting, and at that meeting, Mr. Ettel had said it was possible samething could be worked out so he oould be a part of the project but he could not make that decision before this Planning Caranission meetinq. M�ION by Mr. Barna, seconded by t�Is• Schreiner, to close the public hearing. UPON A VOICE VOriE, ALL V02I1VG AYE, CI�IRPER90N BILLINGS DDCLARID THE PUBLIC HFARIr1G CIASID AT 8:25 P.M. Mr. Svanda suggested the Planning Comnission table a� decision on the plat and the vacation since a resolution has not been reached on the two addi- tional parcels and what this whole plat mic�►t eventually loak like. By tabling this item, it would provide additional opportunities for all the parties ooncerned to txy to reach an agreement; and, at a future time, if that agreement cannot be reached, then the Planning Camcussion can reconsider the plat as it is being proposed with 12 lots. Mr. Saba stated he wr�uld agree with that. The negotiatioa�s were still in progress. Mr. Billings stated he was very ooncerned with approving any kind of plat that, in fact, would leave a large par�cel of property with no access to it, particularly in a situatian where the Ettel property was property that was non-conforming right now in that it is a house behind a house. It would oertainly seem to be in the best interest of the city to try to c�me uP with something that was more equitable. The option plans certainly appeared to him t,� be far superior to the 12-lot plan proposed at this meeting. � would strongly support tabling this and w�ould encourage the developer to get together with the Costello's and Ettel's and txy to reach agreements. MOTION by Mr. Saba, seconded by Mr. Barna, to table Preliminary Plat, P.S. #87-07, Heather Oaks, by Brickner Builders, and Vacation, SAV #87-11, by Brickner Builders, Inc., until the Dec. 2, 1987, meeting. UPON A VOICE VOri'E, ALL V�TING AYE, CHAIRPE�-�N BILLINGS DDCLARID THE MO�TION CARRI:ID UNANIlKOUSLY. 2. 1 I i��\� 1. ��ylyi �i V�� \. ��_'_i..�: i� 1 1.. 2. 3. 4. 5. 6. 7. 8. 9. AICc'�C�E.' W]I1 � I lICl1tE..'C� t0 �1rE� C�dilt '^. Limit seating to 20 seats in lotnge a* Bw iness to close at 1:00 a m, ex+cP on Thursday, Friday, and Saturday when 2:00 w�;x atiawed. Security lights for er�tire p�rku ot (appraved by staff) to be installed pric+i o opening. Busiryess will sign and enfo curfew for mirwrs. rio Busir�ess will pravide one t ort staff at all times when the business � open. Busiriess operators to rol pQrking lat and manage its misuse. Tourn�ment and/or 1 c� during regular w day Ab alvohol ic ages on pr em i.se s. e play will rbt be busir�ess hours. will be served or progr �med aliawed 10. Developnent r will acoept Iim itations on ovcupancy of renain' g vacarit spaoe should garking shortages result. Il. S�eci use permit to be reviewed by Cb�cil on Ju� 0, 1988, or sooner if City determines there i manage�nent prob�en which requires further strictions or renwal. C�OI� VO!'E, .ALL VQ�ING AYE, Q3AIRPERSCN BEPZQ,D DEQ.ARED THE NrJTION D Ut�NI[�'bIJSLY. Q�K��c $y $�RTQ�NF:R BUILnER�. II�TC. : El'ABI,F.� IL28�8�%� Being a re�lat of Lot 16, except the East 33 feet, Auditor's Subdivision No. 92, and Outlat A, Aoorn Hills Addition, and that part of Lot 14, Auditor's Subdiv ision No. 92, which 1 ies East c� the West 165 feet thereof, except the East 30 feet af said Lot 14, all gererally located at 5980 Stinson Boulevard N. E. �Q� by Mr. Saix�, sev�nded by Ms. Sherek, to reqnove this item from the tahl e. iJFON A VOI� VOI'E, ALL VCIPING AYE, CHAIItPF,R.SCN BETZQ�D DEQ.ARED THE MOTION C�RFtIED UNANIM�U3�Y. i�� 3. py T 7� j�'ARTT��• OpI$IDERATION OF A PR��TMTT�IRV ATAT. p_ S. #$7-07 . HEATHER (�AKS. $Y A�RT(�(_NF�R BL�I�ERS. TI�. S Being a replat of Lot 16, except the East 33 feet, Auditor's Subdivision Na 92, and flutlat A, Ac�rn Hills Addition, and that part of Lot 14, Auditor's Subc3ivision No. 92, which lies East c� the West 165 feet thereof, and Lot 25, Auditor's Subc3ivision No. 92, except the s�utherly 150 feet including a ric�t- of-way, �d all that part o� Lat 24, Auditor's Subdivision No. 92, except the south 150 feet of the east 80 feet of said Lot 24, including a ri�t-of-way, all generally located at 5980 Stinson Boulevard N. E -7- � \I�I �, ��.y�y fA V� � \. J��.�� i \� I �Q�I H�► Mr. R�ndrick, seoon3ed by Ms. 5herek, to waive the reading of the publ ic hearing notice and open the public hearing. LTPC7IJ A VOICE VCI!'E, ALL VCIPING AYEr CEiAIRPFI�.SCN BEl'ZCLD DECI'ARID THE rYJTION �RitTED UI�NII�U�,Y AAID THE PUBLIC HF�,RING C�EN P� 8:10 P. M. : Mr. Robinson stated that on Navenber 16, 1987, a publ ic hearing was hel d to discuss this glat which at that time included 12 lots. At that`time, the Planning Conanission and staff saw there were akher properties not included in the glat which cvuld benef it f ran the developnent and could use road aooess. �he Planning Co�►ission directed staff and the petitioner to try to work out agreenents with the ot.her o�wr�ers of these vacarit properties in the platting. Sinoe then, there have been ntunerous discussions and meetings with the parties invalved: Tom Brickner, Rc�ger Ettel� �d William oostello. Mr. Fobinson stated that at . this poir�, he bel ieved they have the makings of an agreanent for at least a 14 lot plat. Mr. Fobinson reviewed the 12 lat piat and the 14 lot plat. Mr. R�binson stated that at the Navenber meeting, staff did show that there was a possibil ity of including road aooess to both the Costello and Ettel properties which would bring the total lots to 15 new lots; actuaily, 17 lots if the Ettel and Costello portions with existing houses were included. Mt. Robinson stated that subsequent to the November 1987 meeting, �ir. Brickner and Mr. Ettel were tmable to oome to an agreement that was satisfactory to both parties. Mr. Brickner has submitted a plat which included 14 lo�ts, including the Costello p�rtion, a 3/4 cul-de-sac, with the p�tential for a full cul-de- sac when the Ettel property is platted. 1rir. Robinson stated that at this time, staff would reo�mnend appraval of the 14 lot pl at and not the 12 lot pl at, be ca use th e 12 lot pl at di d not pr ov ide for a�mprehensive developnent of the property. If the 14 lot plat was appraved, staff feeZs it is neoessary for the city to build the street and put in the utilities so there is only one o�titractor involved. This would eliminate the o�nfusion and oomglexities of building utilities and roa.d with two o�ntr actor s. Mr. Fobinson stated staff was reaor�¢nending the fallawing stipulations: 1. Developer aqrees to city desig� and vanstruction of full cul-de-sac and util ities to facil itate 16 lots. Cbsts of which to be assessed against the properties (L16 of total street vost for each lot acoessing street and LIS of tatal �tilities o�st for each rew Iat serVioed by �ilities - apportior�►ents include Ettel plat). 2. Developer to suYn►it a preliminaty plat with dimensions, lat area, calculations► �►d easements prior to O��cil public hearing. 3. Developer to subnit a storm drainage glan prior to Cb�ncil puhl ic hearing. -8- 1J W7 . �. � •�..�,. •,. ,.t�a� .. :��: :t r; ;� � 4. Plat to be desigzed so as to pravide for a full cul-de-sac with the addition of the Ette1 glat. 5. Storm sewer assessnents to be paid upon plat apprwal. 6. Park fees of 51,500 per lat to be Faid with each building Permit: Nlr. Fiobinson stated that �nder this soenario, he would anticipate that Mr. Ettel would proceed to desic� a preliminary plat for his property and proc�ess it through the Planni.ng Comnission and City Co�a'�cil, and then in the spring the City would construct the full cul-de-sac and utilities and distribute the assessnents as outl ir�ed. Mr. Robinson stated Mr. Brickner was not in agreement with the City oonstructing the road and utilities. Mr. Briclmer feels he can save costs by cbing it himself. Mr. �n Brickner stated he felt the oriqinal 12 lot plat was a good plat. The oost of the development was oonsiderably less per lat. �e snallest lo�t in that plat was 10,000 sq. ft. , and the largest lot was 11,900 sq. ft. They w�xe very nice lots, not abutting older hames, that would be more desirable and more valuable. 'I'hen, staff 8ecided that would not be in the best interest of everyone oonoerned. By cbing away with the bending of the bending of the street, their aosts have cpne � aonsiderat�ly per lot. They have to forfeit some land to provide access to the Costello and Ette2 properties. He al ready had the bici� in to cb the work himsel f, and now if the City cbes the road and util ities, it will cost him 530, 000 more plus interest. Mr. Brickner stated he had v�ritracts to purchase all the land except the Ettel land. So, he had control of 14 of the 16 lots at this time. It appeared that Mr. Ettel was going to �ntrol his pla� Mr. Briclmer stated they have the bulk of the property but are paying a terrihle prioe for being the leader in this project. They are paying the prioe by having smaller, less valua4le lats. They are paying the price by being foraed into letting the Gity do the road and util ities when he would prefer to do it himself. He can do it considerably cheaper, and he had already arranged to c3o tha� Mr. Brickner stated the t�ew lots created are next to the Ettel home which was built in the early 1940's. �ey hope to build SI40, 000 hames, but now the lats on the east side will be o� less value. He stated he did try to work some kind of agreement with Mr. Ettel but was tmable to do so. He stated he objected to all six stipulations. Mr. Briclaler stated he had a contract with the Costello's and would be willing to g� for the 14 lot glat, even thouc� the developnent wst would be more. He stated he was the leader in this project and had provided all the f�nc� and gotten the ball rolling. Mr. Ettel was only paying a snall share of what his portion should be, . and Mr. Brickner did not bel ieve there was any equity here at all. �'� 1L J : �4� �. !�v�� ..=.:�.��.__:. ,_:�a�: • �. ;� _ 1 Mr. Janes Ti11er, repre9enting the Costello's, stated the �=�ello's were in favor c� the 14 lot plat but were opposed to the 12 lot glat because they would be denied access. They were opposed to the vacation of McKinl ey Stxeet in the event the 14 lot plat was not apprwed. He stated he felt the vacation of McRinley Street should be �ntinger�t upon the apprwal o� the 14 lot gl at.. " Nir. Q�arles C�mpbell, represer►ting Mr. Ettel, stated Mr. Ettel'�was still willing to �ell the property and a11aw► Mr• Brickner to oontrol the entire project. It was his inderstanding that they were at the p�ir� where 5 oents per square foot was the differential between making a transaction. Mr. Ettel had o�uzteroffered at 90 cer�ts/sq. ft. versus Mr. Brickner's recent offer af 85 cents/sq. ft. The reason l4r. Ettel had cotmteroffered and maintaired his offer of 90 cents/sq. ft. �ras the fact that whereas all the o�ther people in the plat realistically have no other additional expenses, Mr. Ettel was looking at the demolition of his existing garage and was basically required by city o�de to oonstruc� a rew two car garage, with the possibil ity of a one-car garage (althou9h the Priae differential between two car versus one car garage was not that much) . They feel that in terms of bargaining in good faith, the 90 cents/sq. ft.ofter was a qood faith offering oonsiciering the 51,400 differenoe versus the 55,000 to put up a r�eW c$rage. fie o�uld not s�pply arry market data that would support the idea that Mr. Ettel would get back the money he would have to spend to improve the property, relative to the size and age o� the existing hou�e. Nir. C�rnpbell stated it was Mr. Brickner's �noern that he �rovided thehtwo project, and Mr. Ettel did not have a protalen with that, p parties oould a�me to terms on what was an a3equate p�rioe. Mr. C,�mpbell stated Mr. Ettel had no problen with athirito effec�lasssoon as Ettel and he would probably cp forward and put a pl the street was built» Mr. Robinson stated if Mr. Ettel participated in the glat whereby the garage would be torn c3own to make room for the cul-de-sac, the garage must be replaoed and a hard surfaoe driveway installed to o�ruiect to the cul-de-saa Staff was willing to vonsider a single car garage if that would make the proj ect wor k. Mr. Briclmer stated he had offered Mr. Ettel 85 oer�ts/sq. ft. whirh was more than anyone else had sold their land for. Zfiey would take down Mr. Ettel's garage ana give him acoess to his lot at ro d�arge to him But, in v iew of trying to get this projec* together. he would like to publicly say that he would pay Mr. Ette1 90 oents/sq. ft� Ae want.ed to build a nioe pro�ect. Mr. C�npbell stated Mr. Ettel would acoept Mr. Briclmer's ofter; it was what they haa stipulated all along. NIr. Mike Wallace, 993 Benjamin St., asked if any of the hameowners on Benjanin would be assessed for the itilities for this project. Mr. Robinson stated the costs woulc] be bnrrye by the develaper. -10- 1M : ►I�1 \. �� V�V �i\ ��1�% �. �%�! f. �. �� 1 Mr. Betzold asked Mr. Briclaler if he would aqree to the stipulations now that Mr. Ettel had acoepted his offer. Mr. Briclazer stated he would have no prot�len with the stipulations as long as he o�uld put in the road and utilities. Mr. Robinson stated staff would have no problen with Mr. Briclmer �doing the raad anc3 utilities as long as it was all under one ownership. 'He stated stipulation �1 coul.d be deleted. However, he would 1 ike to add a stipulation related to the vonstruction of the new garage and the driveway to the Ettel h�use. Zhey mic�t have to require a letter of credit or bond to ensure that the garage is built before the lot is sold. Mr. Barna stated he wanted to again express his oonoern about the possible future requests for varianoes and if they oould try to make sure that the lots are not so shallaw after setk�acks and that the houses are not set on the lot in such a way as to �ecipitate requirenents for varianoes sometime in the future with additional develapnerit on the lots. Mr. Robinson stated that at the last meeting, . the developer did feel he v�uld build houses on the lots without varianoes. The lot areas do meet �de. Mr. Barna stated he just wanted staft to doublecheck on the plaoement � the north/south plaoement of the street that it was not so far west or east as to cause the situation where the cul-de-sac o�uld cat�se f�ure requirements for varianves for decks, swimming pools, etc. Mr. Robertson stated staff c�ould certainly do that, but these are �mique lots created esser►tially to solve a prok�len and meet some oommunity needs. Because the lots are uzique, even though they w�uld try to ensure they are as well desig�ed as possible, their uniqueness would essentially not create a problen in a future hardship f inding Mr. (�mpbell stated Mr. Ettel had no problen with the oompliance on the removal of the garage. However, it would facilitate the sale of the property if they had some leeway in terms of when that has to be a�nstructed, . in terms of being able to work with the future buyer of the house, and whether or r�t they are �iowea to t�iia a one-car or two-car garage, because it would help to sell the house. Mr. Betzold sugqested Mr. Ettel work with staff before the City Council meeting. ��j b� Mr. Rondrick, seoonded by Mr. Barna, to close the pc�brlic hearing. L1PON A VOICE VOI'E, ALL VOPING A�, QiAIRPF�2SCN BETZCLD DEQ.ARID THE PUBLIC HFARING Q.C�ID AT 8: 40 P. M. �IQ� tyy Ms. Sherek, sevonded by Mr. Barna, to reoommend to City Co�cil approval of Prel iminary Plat, P. S. �k87-07, Heather Oaks, by Brickner Builders, Inc., being a replat o� Lot 16, except the East 33 feet, Auditor's -11- J : ��\� �. ��y�� • � �I �1 �. +�� i : �+ 1 Subdivisian No. 92, and Outlat A, Aoorn Hills Addition, and that part of Lot 14, Auditor's Subdivision No. 92, which lies East of the West 165 feet thereof, and Lot 25, Auditor's Subdivisio� No. 92, except the southerly 150 feet including a right- of-way, and all that part of Lot 24, Auditor's Subdivision No. 92, except the south 150 feet of the east 8Q feet of said Lot 24, including a riqht-of-way, all generally located at 5980 Stinson Boulevard N. E with the follawing stipulations: � 1. Developer to sutrait a prelimirary plat with climensions, �at area calca�latians and easements prior to Council public 2. 3. hearing. Developer to submit a storm drainage glan publ ic hearing. Pl at to be clesig►ed so as to pcw ide f or a with the addition of the Ettel property. prior to Cb�cil f ull cul-de-sac 4. Storm sewer assessmer,ts to be paid prior to plat appraval. 5. Park fees of 51,500 per each new dwelling to be paid with each rew building permit. 6. Z!�►e Ettel property to have a rew garage with a driveway a�nrecting to the new cul-de-sac, bot2i to be oonstructed prior to the transfer of the ownership of the old Ettel house paroel. A letter o� credit in the amaa�t o� 55,000 to be sutrnitted to the City of �7iclley prior to the transfer to o�ver said improvenents. iJPON A VOICE VOI'E, ALL VOTII� AYE, CHAIRPERSCN BEI'Z�D DECLARED THE I�JTION CARRIED UI��NIM�U3�Y. s • �� 1�� To vacate that part of McKinley Street as dedicated in the Hill Addition and together with the Northerly extension o Street to the south line of the Plat of Amber Oaks, ge a 5980 Stinson Boulevard N. E P],et� of Aoo r n �aid McKinley ly located at �IQr.i by Ms. Sherek, seoonded by Mr. Nielsen, �6 we this iten f ran the tat�l e. L1PC)N A VOI� VQI'E, ALL VOTIl� P,YE, BEI'ZQ,D DECLARID THE rYJTION Q�RRIED UNANIl�KJU3,Y. �Q�1 tr� Mr. Barna, seoonded . Saba, to recommend to City Council appraval o� Vacation, SAV #87�, , to vacate that part of McKinley Street as dedicated in the Plat af Hi11 Addition and together with the Northerly extension of said McKinl treet to the South 1 ine of the Pl at of Amber Oaks, generally locate t 5980 Stinson Boulevard N. E. r with the stipulation that the vacatia� ntingent upon the final appraval of the oomplete 17 lot gl a� � UPON A VOI C�RRIED U� Mr. E, ALL VOPIIVG AYE. CHAIFtPERSQV B�ZQ,D DECLARID THE I�YJTION 3�Y. stated the City Council would set a public hearing datr. at -12- 1N P . S . 4E 87-07 Heather Oaks �� t N. £. CORNER s�....,. I � SE f% 4 r��a?.4cJ----- _. � , �' . . . .... -)•.... .... ..._ .... .... ... 'I9'fI w,' J:' = � 61 ST AVE. KEy '° '° � � = l r.- ,ns - s�rt s (s�� N� `� T« t� �„ .rfl �'. + ..<�, , _. 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'�-'t .• t � t �I �i� HEATHER OAKS PLAT �y r � �"' '- . � 1 ^i . ��.f �l�ri�J, ��i.•`��f . � T � L � � : ♦ a• } i al.i+.� : ��•� � j � • . � i. � .. . ,, . �= ., T ... . <.." ... z,: � � A YE. �� ; � `:._ :" - ,- _ 1P __ _ _ _ _ .__.� . . _ . _ _ • , .. � REV. .�� /' F'�:�r�..�:: J PL NT • � HE�1 Tf-�E� ��4 �S � / ( hl':^.4RFL '.S' I I :;/3�3f��5' � � I i'Yc^ X .'?f� :S � . n, , I . . �'A�h'S I I � � ' � A r%L: � �-.�� / /�- �� \\ _ �_- �\\ � I�-� ��r � � I' � ��1 �� r\ �Idw.��,to�r,.�f� \� � %i�l�l-�%� � il I I� �\ � ,ii %�� J �..� � �� l LJ �� s�� h ,LZ,% � ., s � � i t _ � / ' • _ 'V� 4/S/, ��` �-� �- r J � ':�i� ��.�,`si i � � _� _,COf/,�jT I /q � �;' / �.. � �, , . / — _ _ w`c— � i, � / _ �:`�% r;�_�` _— �� 'A�� 1 �� I ,� i- r �/ riiry <. �. � ::-.�1 •�:i . �,{ � -� �: �\ ��'• � � +` I /�¢ _ _ — —� — - Ih � �° _I^ h % ��, is � . _ \ _ \ / I/ ,/ � � I � .- ��o � �� /�� / a�'� I f .'� J 7J'• �% 1 � �( /� �%/� i � 1 �. '3 J % �� I / . / � � �,L. r— -,/� /Li I `IL'L � � I �\ y -�:�� / !/��b.�' �`i _'_ , �r � r .. i , � � 'n � i � / } �' �I / �1P � � �1 ,�� i � • ' �� I � i ,� -� / . � ? _ � � I �-�/j,�".r��-F-: ✓ ` i� I . �� I ��; .`�.�\�i � o �� i 1 � � i, �M" iij l.t � e , � q r �, � �.• -- �.� , ,, ', .� 1 iI ��` _� i.y! _��^Jii � /ii i� j I I i i � �., I�% :, ,_� �i �� --:.' 4,� I �' ��\` �� v � �; �� t �; i� �� t: � : � ;; �' .� J L `�Ip �:' ` _ f rTrl /'U � ` g , ;�. p 1 i � �; .: � I�� I�� . � � — — � i . � i� 2 � � �_. ► y° ? � � �� 'I � �� f I/ ly �' +t � � . ��_ �� , � � __L II _�_ � � � � GARDENA _ i AV�r � i) o...,,, q�., tf� i u n �...c.�.' �.� ,YC f,ra� W.O.in� Cul�Ay //1f 6� hs� A.v. N! fi.y,�y /iisi M.Ycli// SIlO Sf..�... JY Fr./.G M�A/ w! Fii� MK 11JS d j...:. df. , f..J�y !�^�� ! .p.h !•.rb Isff /7"+.f[ N/Y Nn.d .1•w./I ( � �y,�,rw JM�/ Sll1 S^� J/ �Kl. �y�� Cw+/ ../ ti tM�ii: �:�„�� 0�//i�1 I..� fllO .�S.�e ft �..ly., JJt!! t,il�../ Jr.w�.,...• �e.r.//,f�iry !/t h�a.i.1l� J!/M/ SJ/O/ �Lyr/D��e.,�f.sn: Le/ /L �.�fd./ ../�/'Lo//I r,:..�i /,» fis/�/ Mi iri�/ /iS/./ /6i.��t /�:. i9r/.�.i .S�.LR Mr. 92. D.//./ A. At�is //./Gs � �{/df.�.e 1•� .� L.fi 1/ ...� 1S 9r/h.i ,!S{/ .�(. f1 �) 7•rf!-r�r .�i .,..i s nc. c.h, .� f.ia�. d) Nwr�i ../ �.. �i ifi /� iw.wr/. f) I�.....� � 5.,.�/ F..../�. � 7i �/ti��i: I.SI A�.d wr.� ��/i�s . • � - � . " �QONA L D F. MEYER .r.. �✓��:ii � :%;�r,'.�r."lr:i iV..✓.�.y ../�, Mr /n + ✓ /M raN ./ M�•�'••••Ar. � � .A�. Mr �Of/ � f.� ri isei ,r.� s i-it Air.s !-1t •�� ..� /,. � .r�.i.: i%so' r � PROPOSED LOT S/ZE Lef / • /I, / "' a�.•�� /X t . 1 • i?O� � • J. 00:� . ., f : ,• ��:� f . .o �!�^ 7 . /�/G� e • 1 /'� ! � �.. !0 • , /'• ��'. /� C00 • J� • i:.IOe ' . y,9oe ��/ Coo • ��0 ,� . „o� O.J/�i A• Is : �-�--1, �-...,..,;..,.•'. i �,• � -+ ,• ,�,.,�r_...1 -- • �,�. I . � � � I -�- — — �-r..iry !•..w.i ST.fCET TYP/�AL EASEMENTS (�.+i is .�ewci) f .m�i.Mn.%.✓•.r�... whu �S I /li I I ' , � I�f ::�t __ �� O�'/cOT A•''�, OUTL OT A S�.ETAI/�. „ - .. .�•� i .r.� : d�%w .r o /. ....../ .. inrie�e.Sw.t.1 �f� rwritl� / nr+'s 0 PROPOSED FINAL PLAT ,�,X ..�4 ,^Sr't-".'►��1•i s�T"�'� � .w�.e.r�� +.+�"�'r".— / ' !s".'.�i':t' �L .:" � � � ,h,/I; .� �-.� � I / I ` � � � —� j�_ � \ \ � ( ��I \ �`�'1 � , �` \ � s� �L� �--�� `_��", k � ' �/ �h � `. �� .�,` . -- ; r ❑ �* 6 � r � t � _ _ ' -4: :�•i �� % . ✓ ��_ �� \ . — —" Z � �. — � ` h Rs�� s .�� . .f , � ' ____ � _ " -.� i .y — � f � � \ %n� ` � � � �,- � C� _�,�, �, �,��. � ,, t � � , 2 — � �, \�' •�"; '� \ � � � t .+ l�►I � � �I , � �\ � � I \I I � �.� �I I 1 ` � _ :; ► � �, � - , `� `� I � � 1� � � s ' GA iPDENA �,.�,,,,�-..a.,.-. -•�..r--- .°--'' -- � � - — \ I �'i�i.'!r.�i, rt_ .S I It • \ � lf 4�'.� I� v I• � ` N ..� t� I \ ' •� 1. i \ \\ \ /j /i�i � .r. � �M � \ � r� w � . t � `: � �`i ,�,�i r�� `� ,';` � � � ^ . . . . . .. � I/�� ` �• . - .. ,�.d► ,o �►;,O.i.� C•u/t//� /f1i 6i./t.r. An. NE fi./�(r� � • . • li�n� Mi1t.It// S/90 Jf..rHw �Y. Fi�//y M(EY Moi!/iw � fiin Met t9lt d/��w;.r tl. f�•��y Jo..e� l� Iy J�.✓iw 1s�f /7�� J/. A'N.' Ni�► �i,�.LsL� no►o cs�t ,,, i+M qiwi/Il M.<b.�ttw S��sss� i1:3 SN �f JIl. M�7� �.�h.. Sa.��. �� :�.fn�i d�.//ii� Iwr �I�w r ._ . - -- A VE. 1R � �. � ... ,� �"`� o.o 96� 9f� ri� 1t '�-�..\ �.c 0 9i i^ � �4 ti _,�� .. •.•► yl . � � •. ♦ � •. _ �` � ^ ,r"�, o : � c � � � � . � iE � t� o b� .i � \ � � i .� i � D�AI�IAGE ANALYSIS G I TY OF FF� I DLEY Efdt� I NE EF:I hJ�� DEf�'r-1R1'M�hlT 64� 1 UPlIVCF:SITY s�vE�lUE �a. �. �'�tIULEY. MN, ��4�=��? T��; I-If)�`�a0�:�„'LE h1r�l`CiF� �t;-�d t�ITY GQUh�.1CIL BRICk::hJEF: 1' {hJC!1�J 1� L_C�i 1 CI�fY �]� f=f:IL)LE'{ c',a}::;j. t_��aIVEF",�Il"Y AVEh�UE �J.E. FF:OM: ST'Ih1�C+�J E;L�'U E�FiF�:1�liJS 1=�;IT�I_�'r, MIPdha��l�1Tr� °��._•2 TO: t,;;'��C��_:i; ,�P�.ID �=�!=:EF. 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C> �:� --------•-�--------i r, i �i �Y Q . (_t r ) � �: � � r-a , t , � i 1 •'�7��. Ui! ].iai� ��:'�:ii?.��i� � r._} , ;_,�� 1 75��, t,:i � O,�i{) • � ��i�, <i�r EFif�i {1, (_ii) ci. iii� ii, t)�) ERF: EFtF� �Fici Gc_� 2bc_�. C>c_� 3�(_) ,�j � `�i? J, (i!:1 t>,i�� tj o t:?? ) I ) . i_)! ) �:,��i_� �� 4�5. i�cj a % ,`'i � p !S t ) (_) , (-) (_) i�, sii> '?°`.-,tj ":?,.`�-.,,i�i? 1�s> �.o�icj.�i�:� �1�_� ._�,b2�.�i_y ^? �} , b�;�? . t�C� t1, t_,�:� i�,i�i� {_), t�)(T (_) , i � i 1 (_) , l_)� ) _..___ ---.._.. __.._..--- --------------- ---�- ----------•---� ---------�_.__.� -------__..--•--��._._�-----. _-- -- - L01�1'_�-1-F=;U(�TI��iI G�J�I" �.6,biti,t;t�_ z r1F�rt>,i��:�Ei-��r�a r ca:�-r :�� , �E,� . °s; AJBLIC HEARING BEFbRE �i E QTY O�LJNCIL 2 Notice is hereby given that there will be a Publ ic Hearing of the City CAUncil af the City o�Fchd28 1988 n the �unc 1 Chartnber at17e3�iPymAvefor Northeast on Moriday► the purpo se of : Consideration of a Rezoning, ZQA #87-01, by Christenson Auto Body, Inc. , to rezone f rom R-3 , Gene ral Mul tipl e Dwelling, to C-2, General Business, on Lots 23 and 24 together with 1/2 vacated alley. Block 6, Fridley Park, acoording to the plat thereof on file and of record in the office of the County Recorder in and for Anoka Co�mtli, iKinnesota, the same being 6501 East River Road N. E. Ariy and all persons desiring to be heard shall be given an opport�mity at the above stated time and place. Publish: March 16, 1988 March 23, 1988 WII,LIAM J. NEE NY�YUR 1 PLANNING DIVISION MEMORANDUM ci�r oF f Rl DLEY N�r1� �: Jock Robertson, Cb�n�nity Develognent Director City Co�cil N�t•n FROM: Jim Robinson, Planning Coordinator NEM� II�TE: March 23, 1988 R�GARDING: Rezoning for (�ristensen Auto Ba3y On hSarch 11, 1987 a publ.ic hearing was held by the Planning Commission to review Carl Chri.stensen's requrest to rezone Lots 23 and 24, Block 6, FYidley Park. Plannin Commission recommended approval with six stipulations including a r�yaest for a street easements along the west seven feet on Lots 21 throuc� 29 and a 25 foot triangular piece of property on the corner of t'lississippi Street anc3 East River Road. A public hearing was set for the City Council for April 6, 1987. At that time the petitioner requested the item be tabled in order to work out a o�noern re jarding the street easement stipul ation. Staff has now worked out a solution which is agreeable to the property owner and the Co�mty, whereby the petitoner would provide an easement for snow storage and sic� plaoement along the west seven feet of Lots 21 through 29 for County purposes. The twenty-five foot triangular piece previously requested is not required for any pending street projects by the County, as per their Engineer. Should the City decide to implement urban design standarc� on this vorner (as on University Avenue) Mr. Christensen has said that he would not be opposed to granting necessary easements for planting and/or paving. The stipulations have been revised to reflect thi� o�mprrn�ise. Tn oonj�ction with the rezoning there are related special use permits and variances (see attachea raaps) which include: Special Use Fermits: * for outside storage on Lots 25 - 28. * for a rep�ir garage in C-2. * for park3ng on R-3 for principal use on adjaoerit lat for Lots 25 - 28. Varianoes: * reduction of glanting buffer between R-3 and R-1 zonings, fran 15 feet to 0 feet. * rec�.iction of building settack adjaoent to R-1 zoning, fran 50 feet to 11 feet. - * reduction of planting buffer between C-2 and R-1 zonings, fran 15 feet to 0 feet. ' • .� � rt-88-65 : CITY OF FRIDLEY PLAN��I��G COMMISSION �•1EETING, t�IARCN 11, 1987 CALL TO ORDEP,: Chairperson (3illings called the March 11, 1987, Planning Comr�iss� meeting to order at 7:3h p.m. ROLL CALL: �� Menbers Present: Steve Qillinc�s, Dave Kondrick, D Saba, Sue Sherek, Donald Qetzold, Richard Svand tlenbers Abseni : Jir� Robinson, Planning C dinator Jock Robertson, Cormiu ' y Development Director Charles & Mirth Lan r, 6530 HicF:ory St. N.E. Edward Brooks, 6 Hickory St. N.E. Carl Christen , 6501 East River Road Kenneth Vo 9Q - 68th Ave. N.E. Dan Vos, 0- 68th Ave. N.E. Tor� V, 990 - 68th Ave. N. E. APPROVAL OF F_E_B�Y 25, 1987, PLAt�t�ItJG C0�1t1ISSI��I �1INUTES: is0?'IOIJ BY . ICOi�DRICK, SECO��DED Bl' i:S. SHL'REF:, TO APPROVE THE FEB. 25, 19A7, pLANNIl7 OMMISSION MINUTES AS WRITTEN. / A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLIt1GS DECLARED THE MOTIOI� 'ED UNANIMOUSLY. 1. PUFiLIC HEARING: COtJSIDERATION OF A REZONIP�G, ZOA #87-01 BY G�RISTEPJSEt� qUTO B�DY�. To rezone from -3, General u tiple Dwe ing, to C- , General Business, on Lots 23 and 24 together with 1/2 vacated alley, Block 6, Fridley Park, according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, the same hein� 6501 East River Road �J.E. MOTION BY MR. KONDRICK, SECONDBD BY MS. SHEREK, TO WAIVE THF. FOP.MAL RF.ADING OF TNE PUBLIC HEARING NOTICE AND TO OPEN THE PUBLIC HEARING. UPON A VOICE t/t�TE� ALL VOTING AYE� CHAIRPERSON BILLIl7GS DECLARED THE MOTION CARRIED UNANIlfOUSLY AIVD THE PUBLIC HEARZNG OPEl7 AT 7:35 P.M. Mr. Rob�nson stated this petition for rezoning was in conjunction with the expansion of the existing Christensen Auto Body facility. The property was located on the northeast corner of Mississippi St. and East River Road. The entire property Mr. Christensen now owned included the existing Lots 21-24 plus an additional five lots that extended all the way to the southern end of the existing apartment cor�plex. The �roperty aras presently zoned R-3, an�' Mr. Christensen was asking for the rezoning of only Lots 23 and 24 to C-2. 2C PLANNIt�G COM�IISSION MEETING, MARCH 11, 1987 PAf,E 2 Mr. Robinson stated the rezoning history dated back to 1980 where there was a petition by t1r. Christensen to rezone the entire firs't four lots. At that tine, it was determined that only the first two lots should be rezoned. The first lot, Lot 21,•was rezoned from CR-1 to C-2, and the second lot, Lot 22, was rezoneci from R-3 to C-2. The remaining two lots were utilized by v�ay of a special use permit for outdoor storage. Mr. Robinson stated Mr. Christensen was planninc� to add on to his existino structure which was 4,800 sq. ft. The new structure would cor+sist of shop space and a two-story office building that would be in the north corner. The ne►•� structure was 7,343 sq. ft. There would also be a new storage yard and 27 parking stalls. Mr. Rohinson stated Staff was recor�mending the following stipulations: 1. Petitioner to submit for staff approval a storm drainage plan by �4arch 31, 1987. City Council approval contingent upon Staff and R.C.W.D. approval of plan. 2. Petitioner to subMit a landscape plan which is consistent with existing landscape elements. All landscaping to have automatic sprinkling. 3. Quilding facade to be consistent ��ith design and materials of existing structure. East side of existing and proposed buildinc� to be painted to match stucco. 4. Lots 21 through 29 to be combined into one tax parcel prior to building permit. 5. Provide for County purposes a street easement alona the west 7 ft. of Lots 21-29. 6. Ne+�� fencing on easterly lot line to have finished side to��ard residences; existing fence to have ne�� boards ad�ied to residence side. Mr. Betzold asked why the northern-most lots would remain R-3. Mr. Robinson stated that because the lots were zoned residential now, they felt it was in the best interest of the surroundin� neighborhood to retain the residential zoning and utilize a special use permit to use the lots for storage of vehicles and parking area. This wou]d allow the City and the neighborhood to retain some control over the use of that property shoul�i the property ever be sold to sorieone else. Mr. Svanda asked what the petitioner was doinq to minimize any antifreeze leaks� fror� damaged cars. 2D PLANNIiJG C01111ISSIOi� MEETI�SG, MARCN 11, 1987 PAGE 3 Mr. Christensen stated they have never had that problem. The storage area will be all concrete and the backside of the lot will be curbed so there was no chance of anything draininq onto the neighborinq property. He stated that whenever a car cor�es in that is leaking antifreeze or oil, they imne- diately put an oil pan underneath it. He did not foresee any problems in the future. � Mr. Christensen stated that regarding the stipulations, he had some reserva- tions about stipulation #5 which stated: "Provide for County purposes a street easement along the west 7 feet of Lots 21-29." He stated he had just found out about this stipulation about 3:OQ that afternoon, and he wanted to get more of an answer from the County as to why the County needed that 7 ft. when the County already has a 10 ft. easement. He stated he had also just learned that tlie City wanted a 25 ft. easement -- the triangular piece of property on the corner. Ne could understand that 25 ft, easement becuase if there was ever a sidewalk put in, the City would need that space to get around the corner. Mr. Kondrick asked why the County would be requesting a 7 ft. easement. Mr. Rabinson stated there was actually more County right-of-►�►ay on thP west side of East River Road than on the east side, and he believed the County wanted to balance that out. The County did not have any specific proposal for the 7 ft. easement at this time, but were just requesting the easement. F1ore information co«ld be obtained before the City Council meetinq. Mr. Ed 8rooks, 6506 Nickory St., stated he owned the twa lots just east of Mr. Christensen. He stated he was in agreement with everythin� being proposed by Nr. Christensen and ��►ith the stipulations proposed by City Staff. He liked the fact that the rezoning was only for I.ots 23 and 24, and would not have been in favor of rezoning the northerly lots from R-3 to C-2. MOTION BY MS. SHEREK, SECONDED BY MR. KONDRICK, TO CZ.(.lSE THE FUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSOA' BILLItIGS DECLARED TFIE PUBLIC HEARING CLOSED AT 8:00 P.M. MOTION BY MR. ICONDRICK, SECONDED BY MR. BETZOLD, TO RECOMMEND � CITY COUNCIL APPROVAL OF REZONING REQUEST, ZOA #87-01, BY CHRISTENSEN AUTO BODY, TO REZONE FROM R-3, GNENERAL MULTIPLE DWELLING, TO C-2, GENERAL BUSINESS, ON LOTS 23 AND 24, TOGETHER WITX 1/2 VACATED ALLEY, BLOCK 6, FRIDLEY PARK, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RF.CORDER I17 AND FOR ANOKA CO(INTY, MINNESOTA, THE SAME BEING 6501 EAST RIVER ROAD N.E., WIZ'X THE FOLLOWING STIPULATIONS: 1. PETITIO?�ER TO SUBI2IT FOR S_TAFF APPROVAL A STORM DRAINAG� PLAP7 BY MARCH 31, 1987. CITY COUNCIL APPROVAL CONTINGENT UPON STAFF At�D RICE CREEK WATERSHED DISTRICT APPROVAL OF PLAN. ,....., - .. r.-.• r.n••crC�^r..�,. �-t^'t� 2 PETITIO!tiEQ TO S'.'3::_< <: i::':DS..��_'_. F:.r � :'::'_ _._ '_ .. _ _ .. _ . • EXISTING LANDSCAPE ELEMENTS. ALL LANDSCAPING TO XAVE AUTOMATIC SPRINKLING. • 2E PLANNIrrG CO?i�1I5SI0�T �tEETING MARCH 11 1987 PAGF 4 3. BUILDING FACADE TO BE CONSISTENT WI'"X DESIGN AND MATERIALS OF EXISTIIJG STRUCTURE. EAST SIDE OF EXISTING Al7D PROPQSED BC►ILDING TO BE PAINTED TO MATCH STUCCO. 4. LOTS 21 THROUGH 29 Z10 BE COMBINED INTO ONE TAX PARG'EL PRIOR T�O BUILDING PERMIT. 5. PROVIDE FOR COUNTY PURPOSES A STREET EASEMENT ALONG THE WEST 7 FT. OF LOTS 2I-Z9, AND A 25 FOOT TRIANGULAR PIECE OF PROPERTY ON TKE CORNER OF MISSISSIPPI STREET AND EAST RIVER ROAD. 6. NEW FENCING ON EASTERLY IAT LINF. TO HAVB FINISHED SIDE TOWARD RESIDENCES; EXISTING FENCING TO XAVE NEW BQARDS ADDED TO RF.SZDENCE SIDE . Mr. Svanda stated he would recommend that the Commission delete stipulation #5. regardinc� the 7 ft. easement being requested by thP County. It was not part of the property �1r. Christensen was going to be building on; and fror� lookinq at the drawing, it did not look like a significant a�ount of landscaping would be on the 7 ft. Between now and the City Council rieeting, the County should come up with a reason to justify the 7 ft. easement. He stated he shared Mr. Christensen's concern. It seem�d that the County wanted something for nothing, and if the County really needed the property, the County should go through the proper procedures and purchase the property fror� �4r. Christensen. He stated the stipulation could always be added in at the City Council mPeting if there was reasonable justification for it. Mr. Kondrick stated he agreed with Mr. Svanda. There were other property owners north of �4r. Christensen's property, and if the County needed a 7 ft. easement, the County would have to purchase the property from those property oh�ners. By granting this easer�ent, they were giving the County the right to take the property rather than purchase it. Mr. Qetzold stated he was willing to go along with the County's request. He di�i not think it was an unreasonable request,'but for reasons beinq discussed by Mr. Christensen and Planninq Corimission members, he would like the City Council to give this some further consideration. P1r. Billinc�s stated he personally did not have a problem with leaving the stipulation in the motion or deleting it. On one hand, he did agree that just because Mr. Christensen was coming in for a special use permit and a rezoning, they were asking him to give up the use of 7 ft. of his property. On the other hand, whenever people come in with different requests, the City does ask them to dedicate easments, put �n certain improvements, etc., so he did not think it was unreasonable to request the triangular piece of property on the corner or the 7 ft. for the County. Mr. Kondrick stated he agreed with Mr. Betzold that the decisi�n should be left up to the City Council. I�e woulci �ike to Teave his r�otion as state�i. !�OTION BY �2, S��ANDA, SECONDED BY N�2. SABA, TO AM.END THF. ABOVE MOTION TO DELETE STIPULATION #5 IN ITS ENTIRETY. (STIPULATiON �i5 TO BE BROUGH"' TO TXE ATTENTION OF THE CSTY COIINCIL FOR TNEIR CONSIDERATION.) � - __ 2F PLAPJNI��G COMt1ISSI0P! PIEETING PIARCH 11 1987 PAGF 5 UPON A VOICE VOTE� SVANDA� SABA, BILLING5, AND SXEREK VOTING AYE� BETZOLD AND KONDRICK VOTING NAY, CHAIRPERSON BILLINGS DECLARED TXE AMEND�SaN_T TO THE MOTION CARRIED BY A VOTE OF 4-2. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLIPIGS DECLARED THE ORIGZNAL MOTION WITH THE DELETION OF STIPULATION 115 CARRIED UNANIMOUSLY. 2. PUaLIC HEARIPJG: COWSIDERATION OF A SPECIAL USE PERNIT, SP #87-03 BY C ISTENSEN AUT� BODY: Per Section 205. ., C, 4, of t e Fri ley Ci Co e to allow a repair garage on Lots 23 and 24 together with 1/2 va ted alley, Block 6, Fridley Park; per Section 205.(19.1, C, 10, of the idle� City Code to allow exterior storage of r.iaterials and equipment o ots 25 through 28 together with 1/2 vacated alley, Block 6, Fridley P ; per Section 2d5.09.1, C,4, of the Fridley City Code, to allov� an tomobile parking lot on Lots 25 through 28 together with 1/2 vacated ley, Block 6, Fridley Park, except that part of said Lot 28, Block 6, Fr dley Park described as follows: Beginning at the Northeast corner of said 29, thence South- westerly along the Northwesterly line of said Lot 29 t a point on said t�orth- westerly line distant 178.5 feet Southwesterly of t Northeast corner of Lot 12, Block 6, Fridley Park, as measured along t Northwesterly line of said Lot 12 and the same as extended Southwesterl to the Northeast corner of said Lot 29, and the Northwesterly line of s d Lot 29; thence South easterly parallel to the t�ortheasterly lines Lots 12 and 13, alock 6, Fridley Park for a distance of 53 feet; the e Northeasterly parallel to the Northwesterly line of said Lot 29 to the theasterly line of said Lot 28, Block 6, Fridley Park; thence Northweste y along the Northeasterly lines of said Lots 28 and 29 to the point of be nning, accordinq to the map or plat thereof on file and of record in the ffice of the Register of Deeds in anci for Anoka County, �4innesota, the s being 6501 and 6509 East River Road ��.E. MOTION BY MR. KONDRICK, SECOND�BY MR. SVANDA, TO WAIVE THE FORMAL RF.ADING OF THE PUBLIC HEARING NOTICE D TO OPEN THE PUBLIC HEARING. UPON A VDICE VOTF., ALL VOT G AYF., CXAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY AND E PUBLIC HEARING OPEN AT 8:19 P.M. Mr. Robinson stated t s special use permit had three-fold uses: (1) for a repair garage; (2) r outside storage; and (3) for parkin4 on residential land adjacent to e principle use. The special use permit was for Lots 23-28 and did not incl e Lot 29 which was a cemetery lot and did not need to be included. Mr. Robins stated Staff was recommending the following stipulations: 1. Special use for repair garage is issued for repair and refurbishing of automobiles within the existing and proposed structure only. No outside work, other than moving of vehicles, is allowed outside the buildin� on Lots 21-29. 2. Petitioner to install two new down draft filter syster�s to minimize odors from painting operations. , COUNCIL MEETING OF APRIL 6, 1987 R�inte Developnent; (30) Consic3eration of a temporary roac3 on the La �binte Developner�t site; anc3 (31) Apache Camping Center, 7701 East Ri�y� Road, regarding trailers parked on this site. � I�TION by Councilman Fitzpatrick to adopt the agenda wi he above additions. Se�nded by Cou�cilman Schneider. [Jpon a voi e, all voting aye, I�'ayor I3ee declared the motion carried unanimously., OPEN FORUM. VISIZ�C)RS: Mr. •3tan Leino, 7397 Memory Lane, sta e sent a letter to'the City l�nager regarding the car wash on Uni ity and 73rd Avenues. He stated he felt there was a safety problen exists at this car wash on Tuesday afterraons when there is a spe ' and a person can wash their car for 25 cents. Ae stated on Tuesd rom 3 to 5 p. m. , it creates chaos on the serviae road because of vehicles waiting in line. He statec3 he had no inter�tion of putting awrer out of busir�ess, but felt this is a safety problem. Mr. Qureshi ty Manager, stated Mr. Leir�o's letter has been forwarded to the Publ ' orks and R�l ioe Deparhnerits for thei r response. 1. �ONSIDERATION OF A REZONING RDOUEST, ZQA #87-01, TO REZOI� FROM 1�3. GENERAL MLTLTIPLE DWELLING, TO C 2. GENERAL BUSINESS. ON LOTS 23 AND 24. TOGETHER �iIITH 1/2 VACATED ALLEY, BLOCR 6. FRIDLEY PARR,� THE SAME BEING 6501 EAST RIVER RUI�D N E, , BY CHRISTENSEN AiTi�O BODY: 2. NDTION tr� Gb�.mcilman Fitz�atrick to waive the reading of the public hearing notioe and open the public hearing. Sea�nc3ed ty Gbimcilman Goodspeed. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:00 p.m Mr. lmbertson, O�mn'�Lnity Dievelopnent Director, stated the petitiorer and his attorney have requested the Coulcil table any action on this item until the petitioner returns fran his vacation and is able to work out s�me questions recprding the rig3�t of-Fray. He stated the Council may want to review the facts of this rezoning request and hear any oomunents, but the public hearing should be o�ntinued. Ae also suggested the special use permit and varianoes related to this rezoning be tabled and oonsidered at the same time as the rezoning request. No persons in the audienoe spoke either for or against this rezoning petition. rflTION 1X Gb�cilman Fitzpatrick to oontinue this public hearing to May 4, 1987. Seo�nded b� Couicilman Schneider. Upon a voioe vote, all vating aye, rgyor Nee declared the motion carried unanimo�ly. 2G. ;J " •+•' .�.! 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I � . • . �� , % � \ � � � ��•*, W '., 'q' � i'; \ \ _ ,v / � •� . : . .'� - ..,� � %\ ,\ �} � � . . . ��-. : .� r . `�z,� w . � �� .�,.- � e�— . . � � �!!�r y��i�,..� r . �-� n �� y�: � .�, \ � �l�L T^+ .µ ` \ � 1 � . �� ti'" �r� , : ��- � �� DETAIL MAP � .-.+ . _°�`=S�' .. .�� '+ \ . _ � _ � ._— _ . ._ . — -- � � 3 L � �� . "�- � � _ ��\\ ��.o�, G—z �, ... � �x ►��' C- � ._ ..;�. ;� .� : �� -.��.,� vaR #s�-os �� =�istensen Auto Oev�'��u�i �� Z NWF� �1. �i��V'JQ� �YL2�=� . i9gsiw�m�n�� r ��gF�wy�m<��=� � �o� Ev wt�cos .ctieacxg�o3 0��+ ye.W4�!dveCV 2 . V I � # a' 1 1 i �• 1 � 1. ' � �, •1: .,.r. .. . '• �. ; ��'t, •"�� \ � • � • � t • � � . � �� J�i'' \ ?! • �\ \ . � �� ` � � ; � �� 1�C�iU,Gfj �� , , � % :� � ' \ oy Plantr� '�C','1''�r � f�'� I / . \ �1 , � �T_ �: �`-�• �s� �-� a �_ � ,4 s ''1 - `'�: j� � ' . Ih . p .� ; �� . -'"�� - -�� . �� 6�d9. ad�. f-o K-i 2J n �/ �✓ � ��/ . � , VARyIANCES � - - r��s�ss��+�i -yr� � � � zc� #s�-ol 2K Christensen Auto �/ / � � T-p c+ no su�e r�t (�}IRISTI�NSoN `i5' B�KELIY WAUCLU'� _ ,. (�st�ti� ��StlNG� - ---� --- — -- - -- - �ISS�SS�PP� StRCE1 �uto EASEMENTS � I � � c I _ --� — — — _ .* ` �' Z „ � r p � � ;� — �r `�� _—__ - - � a ( . � �, � ¢� ;� � v :y I �� ' s � � i- -- --_ � __ ___ �__� < < � � ;� - �� , - : �� ' � � _- -_ � � ! ti=-- � I p � �y . �� p �� i� r, J � �� „ ._._ � �, � �i ' � � �. � � i 0 3 � � _� - -� T Fi . =�1 �- � �� " i _, _o , � zoA #$�-oi 2L Christ�ensen Auto � � N �� . � j ' � �a � ; ; � '� -_ a _- � �f � � � il `- � �,� � 3 �. � I!. --�. � j z .,►I W � � r� s � � i ��, , ,� E � \�.� �� , � � m -� � ; -- �- _ � - . ; -�-_- ; -- N: � � � ;. ; ; �-_- -�_ �t _�� . . _ _.i. _�-. _ � � � _�'-' - � _ - r- T-- �.. � i �-� =:-:� a�us�s�r Av�o za�► #s�-�i ��_• _� . 1. Petitioner to subnit for staf£ agproval a storm drainage plan by April 13, 1987. City Council approval contingent upon staff and R. C. W. D. apprava]. of plan (under review) . 2. Fetitioner to sukmit a landscape plan which is ctinsistent with existing landscape elenents. All landscaping to have autanatic sprinkling. 3. Building facade to be oonsistent with design and materials of existing structure. East side of existing and proposed building to be painted to match stucao. 4. Lots 21 through 29 to be c�ombined into one tax parcel prior to building pernn it. 5. NEw fencing on easterly lat lirye to have finished side taward residences; existing fencing to have new boards added to residence side. 6. Petitioner to supply a seven foot ease�nent all along East River Road for the purposes of snow storage and sic�age plaoement. 7. Petitioner to supply a 25 foot triangular easement at the corner of Mississippi Street and East River Road if r�eeded for public landscaping and/or ather urban desicp impravenents. J 2M � cinr oF FRIDLEY PLANNING DIVISION MEMORANDUM I�EMO �: Jim Robinson, Planni.ng Coordinator Jock Robertson, 4�un�.nity Develapnent Cflordinator City Coi�cil Menbers I�'£r'n FROM: Kathlyn (�stle, Planning Assistant RDGARDING: Riverboat Shopping Center Comprehensive Sic� Plan l�r'n II�TE: March 23, 1988 BACKGRQJAD Mr. Walter Klus, awner of Riverboat Shopping Center, came before the City Cotncil o�n i�farch 7, 1988, to appeal the Council's decision on the Center's Comprehensive Sign Plan. This decision approved the plan with two stipulations. �e first was that the readerboard be deleted from the siyn glan� because it is considered a temporary and not a permanent sic�. The seoor.d stipulation stated that future sign permit approval be based on the implanentation of the landscape plan. Council decided that the landscape stipulation should be deleted as a part of the apprwed plan since it hacl no relevance to sic�age. Coimci.l also decided that Mr. Klus must oomply with the Sic� Ordinanoe reyulations by r�naving the F.+ermanently installed readerboard. Staff has worked with Mr. Kl� for the past three weeks on completing these i tems. • a��• � � n • • Staff reca�rRnends that the readerboard be rec,�alated as a temporary sic� as per our orciinanoe. 7Y�e sic� ordinanoe states that temporary signs are allowed three times per year per business for nonconsecutive 10 day periods. This portapanel has been used by the shopping centers seven businesses for a�roximately 90 days this year. As a whole, the shopping center oould use a ten�porary sign for up to 210 days per year. �herefore there are approximately 120 days left in the year for a permitted temporary sign. Staff is rew��ending that each tenant be allowed to use a temporary sicyl two more times this y,ear for nono�nsecutive 10 day perials. In order to make the sicpl actvally portahle staff feels the sic� should be removed f ram its implanted state by April 15, 1988. l�equest Co�cil direct staff to take the appropriate legal action to secure oom�al.ianoe with the above outliryed oourse of action. Staff also discussed two landscape options with Mr. Klus. The first is to implenent the present landscape glan which was appraved in 1978. The second is to implc3nent a landscape glan which was designed by the City Landscape Architect. Mr. Klus statecl that he will have bids on each plan and determine which will be implenented. � M-8E-62 3 .i,'j �" �O / ��) � + ( _ 3 t � +� ,rr' . � ��j 8 � ,r � / � �I� et l � (,Ln,) rp , � ,, - �M >�.�./. Q� � � ' K PAFK^ �O � -._, s. W ie� •,3' i%� � ''� : J�' ��> � . _ �i : ° r.� ._... f' (� (9 � / 2 .� sa ,� g z �oos�� o .. 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Q � �_. � V O � � D r :_ 4?, _:, cn s -s � a s. s w � � i�Yiioo�� mo �y��I�IJiI�IY � � L" I 1 �lEAO� :� ? �t� �a�s �j i z �� rT �:�5 �S% ') � �: . i � � ' �.\� .. �' �� IV� i � �� '7 � ;, --- - �� . 1 �N�,v f hl,v/�� u _ ^ �� - � (;. ,,, �� ------ - -- �� ,; ,;; �:+ ,�; I�; �..... ---- - ; . +""" Q , ,i� V � � L �.n w h�fa� Fc��;;� S I G�IU � � � .�...., -- 3-'� � F ; .Z .i� '�i :; �; �� Remave footings and use as portable sign �der the provisions of the . existing ordinance. �' ,, i �i '�i i!� �;{ � ;i; ��I ;' i � �;; �f� �I, �� i� I� ;�I i'I' �il .i �� 1 I : � �� Sign Specifications A. Freestanding Signage Riverboat Sign Plan �� 1. Freestanding signs shall be limited to the identification pylon sign for RIVERBOAT CENTER,�plus the detached separate reader-tyoard sign.� �LG�n �2. The reader-board sign will be used on a rotating basis by all ��'E � E�� Tenants with maximum message time being 21 days. B. Exterior Signage 1. The sign area shall consist of the preconstructed back-lighted sign area installed on the Mansard roof overhang. Tenant signage area shall be assigned by RIVERBOAT CENTER management. 2. Sign material shall be 1/8" Lexon panels of colors approved by RIVERBOAT CENTER management. The Lexon panel shall be 3' in height by the width of the lease line as established by RIVERBOAT CENTER management. (See paragraph #1 under B.) 3. Tenant signage shall consist of store identity only and copy shall be limited to the Tenant's name and/or major product and/or service offered. Corporate logos, emblems, shields, and similar identification items shall be allowed provided they are contained within the allotted area, and conform to the applicable height, width, and material standards as established herein and which are approved by the owner. 4. Maximum letter and logo height on the signage area shall be 28". Tenant signage must not be closer than 24" from lease line on both right and left sides, and must be centered vertically in the sign area. C. Sign Approval Procedure 1. Tenant shall submit three (3) sets of drawings and specifications to the Landlord for approval. The drawing shall clearly show the location, graphics, color, construction, and attachment details of proposed signage. 2. RIVERBOAT CENTER management shall return one (1) set of drawings and specs to the Tenant marked "Approved", "Approved based on Owner's modifications" or "Disapproved." Drawings that have been returned "Approved based on a,rner's Modifications" are to be returned to the Owner with the Tenant's approval of the modifications or new drawings submitted within seven (7) days of receipt by Tenant. Drawings that are disapproved are to be redesigned and resubmitted for approval within seven (7) days of receipt by the Tenant. After receiving RIVERBOAT CENTER management approval, the Tenant shall obtain approval and permit from the city prior to installation of signage. � � � Z � .� ° -� � �� la 0 � � � �� C � - i -- � 3D �III cinr oF FRl DLEY r�rn zv : N�MO FROM: RDGARDING: l�Nn IIi1TE : r PLANNING DIVISION MEMORANDUM Jim Robinson, Planning Coordinator Jock Robertson, Cormu�ity Develognent Director City Cot.mcil M�nbers Kathlyn Castle, Planning Assistant Moon Plaza Comprehensive Sigz Plan March 23, 1988 AftQr denying a request to revise Nbon Plaza's Comprehensive Sicgi Plan, the City CA�cil directed staff to oontact Mr. Gearn'�an, aat�er of Moon Plaza, and Mr. Kim Olsen, a�✓ner of i�brth Star Video, ab�ut the sutmittal o� either facade or sic�age rar:odeling plans whicfi would elin.inate the ronconforniing signs at the Shopping Center. Before oontacting Mr. Gearman, staff evaluated the issue of sic� aQnortization since a high number of the nonoonforming sic�s were permited before the Comprehensive Sign Plan was approved (see chart). According to The City Attorney's off ioe, rnnoonf orming uses may be el iminated by municipal ities after a reasonable amortization period. The Courts have foi.nd that sicg�s have been fully amortized after a period of three to four years. In this case, all rx>noonforming sicyis have been amortized and must oomply to the Comprehensive S ic� Pl an. Staff oontacted Mr. Gearman and discussed the options of either resut��itting a rew sic�nage resr�odeling and facade plan or er�.forcing the present Comprehensive Sic� Plan. Mr. Gearman c3�ose to enforoe the present sic�n plan by wurking with the t�enants anc3 the City. Staff is reoonmenoing that Mr. Gearman be directed to require all businesses with r�ona�nfornling sic�s to c�ome into compliance with the approved plan by Juze 28th. If r�r. Gearman does not comply to this timetable, legal action would be sought through the City Attorney's off ive. Mr. Rim Olson was also contacted by staff to discuss the status of his nonoonforming sic�; for North Star Video. Mr. Olson stated that he felt he has not been given enough time to resutmit a new sign plan even though his variance expired more than a year ago. Staff reo�mnenc�; that Mr. Olson should bring his sic}� ir�to aompl i�,noe by April 30, 1988. Staff would work with the City Attorney's Office to seek the required action. Request Council authorize staff to take the appropriate legal action to 9ecure wmplianoe with the two initiatives outlined above. � ��. . �er�r� �� ._ • �'�:FOUi�NfiES s . K ' : '' " �� - r #� ..,. - -- ' c i� �`; �!�` ' � ` � , ,, > j •.� , - � ;r �a �s � p�• � �� "'I � l� 1` V�� F' . i J� �� w, s" ,, � � �.;� /!' 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DATE: MARCH 15, 1988 RE: SIGN ORDINANCES The courts have ruled that municipalities have• the �authority - to regulate outdoor advertisements within its boarders, based upon health, safety and aesthetic reasons. Regulations of advertising in some circumstances.have been viewed as a taking of valuable property requiring the payment of just compensation. The courts have stated that there is no government taking in circumstances in which a municipality eliminates nonconforming uses after allowing for a"reasonable amortization". Three to four years have been found to be a reasonable amount of time to allow the owner to recoup his investment on a billboard. In evaluating what would constitute a reasonable amount time for the amortization of the signs at Moon Plaza, it would be a safe assumption to say that the signs placed on the marquise would involve a smaller investment than the court cases involving a free standing billboard. Additianally, the use is only restricted by the ordinance and not eliminated as in the court cases referred to above. Based upon these assumptions, the investment in the Moon Plaza signs could reasonably be assumned to be fully amortized after a period of three years. It has also been found that where a restriction is based upon an agreement entered into with the owner, enforcement of the agreement will not constitute a government takirg. Thus, the City should not have a problem enforcing its agreement with Mr. Gearman. Any recourse the tenants might have for representations by Mr. Gearman regarding the restrictions, would be against Mr. Gearman. It is our opinion that enforcement of the comprehensive sign plan would not constitute a government taking, and even if it was found to be a taking, based upon the length of time these signs have been in place, there would be no liability to the City because the investments in the signs would be fully amortized. � z c� � � Z NE JO LL � Z O �O Z � � A a r _ U s ¢ E --------------------- --� � , ,� , � , � , ,o � � , � � � , � � „ �� , � � i i � a� i., i i � i �� i rt i i i i m +� i i i i a t> � i i i i i-� i i i i= i a i t i m i� i c i i i di� i•.� i mi mi ciaa++ir . -. ; -- -- ; -- -- -- , , ; � , � � � � i �� i i i � i i � � � i c i m i v i .°� i °� m i > i ai�o�i•� i i ...�v i .,�� i c i mi.� ..i•.. � c� �t � � i i i t i i cn i L i � i s. i o+�+ � a t m�• +�.+ � ��i yi di ro� Lci�..i i�ii•.. i I Z I+� 1 �+ 1 F I 7 I 3 1 u I E i6 I 3 I I W I�V 1 y I 1 O: I I•� I 0! 7 I 1 I E 1 01 I W I 01 I� C I�. t++ I u C 1 a 1 1 E i.+ I.r I> I 3 0 I.-. 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J 1�6 1 O I• 1 I I L t 1 Q1 I L 1 1 N 1 a 1 C 1 C � L I a I I I�6 I 1� I 1•.+ I 0 i�J I�0 I 1 I C� 1 I'+ I L I 01 I O I�. I L 1 i i i iai 3 i aiEi o �c� i I I�" I 1 I � I� I 1 Z I I I I 1 I 1 I � t W 1 I 1 I I I Q 1 I I 3 1 J 1 1 I I I I 1 1 ! O I 1 I I 1 i � i i � s i i i--- �-- -- �- m 1 � 1 M J U 2 � 0 U } r U } tL G W � O � a s ¢ z a J � Z U' N W > N Z W _ W � S E O U O H } J LL � O U F-� O 2 O L] lil � t9 2 � Q � 2 O U O z w s Q A W ti N J N Z L7 N J J ¢ * 4C EXTERIOR SIGN REGUI.ATION Moon Ylaza Shopping Center 6201-6269 University Avenue N.E. Fridley, Minnesota �'`�. � � The lessor has furnished a four foot high marquee which extends the full frontage of the Shopping Center. The marquee is erected of steel backing and is to be used exculsivly for the placing of signs. Each tenant leasing space with front exposure only, is entitled to use the area above the leased .space for sign display. The specifica�ions for placing displays on the marque�e are as follows: 1. Use only three-dimensional formed letters either glued or screwed to steel backing. 2. All displays will have provisions for illumination of which the tenant shall bear responsibility of repairing and maintaining and securing permits. Each electrical hook-up shall be metered to tenant s own master meter. 3. Each tenant shall bear the responsibility of maintaining and keeping the display in a neat and workmanship nanner. This includes the painting and repainting of the steel backing and replacement of letters either cracked or missing. 4. 5. No display may protrude above or below the marquee. No off premises signs may be displayed. 6. No display sign on sides or rear of building. 7. No tenant shall paint any signs on buildings. 8. No tenant shall place any signs on boulevard. 0 4D ENTERPRiSES 6205 UNIVERSITY AVENUE. N.E. • MINNEAPOLIS. MlNNESOTA 55432-4998 • PHONE (6/2) 571•5861 Febzuary 25, 1988 Fridley Council 6431 University Avenue NE Fridley, I�W 55432 Dear Council M�bers: I hereby zequest to change the exterior sign regulations for the Moon Plaza Shopping Center, 6225 Lfi iversity Avenue NE, Fridley, Minnesota. I am reQuesting that we change the wording under paragraph $1, to the following: use pre-formed letters, either glued or screwed, to the present steel bacicing; or Lo install signs with pre-f inished backing using pre-formed letters. This pre-f inished backing may be installed directly to our backing. Please find attached a copy of the original exterior sign regulations for the Moon Plaza Shopping Center. If you have further questions, please call me at 571-5861. ATG/ j kf Enc. � Sincerely, A � G Enterprises ,� A. T. Gearman 4E 4F �� *��*��*V EO*��*****�*��***�**��*�**� 6213 University Avenue N.E. • Fridley� MN 55432 . 571-9i45 Feb. 24, i988 City Of Fri�ley . 6431 University Ave. N.E. � Fri3ley, Mn. 55432 Attention: Kathlyn Castle Dear Kathlyn: After recieving your letter an3 talking to Mr. Gearman. I am aware that not only does Mr. Gearman wants to give Moon Pla�a a face lift with new signs across the center, but the City Of Fridley also wants this to happen an3 has been in communication with Mr. Gearman about this face lift. I 3o want to cooperate an3 do what is right, however the Video Business is very competitive and I cannot afford to replace cr.y sign now an3 then have to again when we get a new face lift. I sugaest that we all work toqather in harmony to achieve our goal of a new face lift an3 signage simultaniously thErefore I am asking for an additional extension on my sign permit until this can all be accomplished at the same time. cc Mr. Gearman A&G Enterprises . Si cerely, � v � � �� Kim Olson North Star Video 4G �e R�egular meeting of the Fridley City ��ci1 was called to rc3er at 7:40 p, m, by I�yor Nee. J i��t� �; ; a, :+« I�ayor Nee led the O��cil and audienoe in the Pledge df Allegiance to the Fl ag. RDI�, CAId,;_ IrEt�BE�iS PRFSFNT: t�ayor Nee, O�uncilman arnette, O�tmcilman Sc�uiei3er, Cbuncil Hanernik and Co�cilman Fitzpatrick P'�t�3F�S ABSII�Tr: Nortie : ••.�il: �� ll4 . �i�ipt,t bs, Councilman Barnet �to apprave the min�rtes as presented. Seoorx%d by Councilman Hamernik. pon a voice vote, all voting aye, Mayor Nee declared the motion carri unanimously. ; , � y �, ., ; e±�� ; O�imcilman Hamerru requested an item be added: "Discussion on Speed Limit on Osborne Rraad". irp�i*ION by oo ilman Schneider to a8opt the agenda with the above ac3dition. Seoonded by uncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee clared the motion carried unanimously. was no respanse f rcm the audienoe taic3er this iten of business. . . : ,�� .� �� -:: Y ! � �i � ?�i �_ i �� _ � M • :� � 1.� iMy� ' : � • C s � � ♦ �� :�v Mayor Nee stated this item caQne before the Council because a question was raised on the validity of the ordinance. He stated, under normal circunstances, the item �aould come before the Gouncil in the form of a vazianoe request. He stated an opinion was requested fran the City Attorryey which the O��cil now has before then. Mr. Cllson stated he is the sole aaner and proprietor c� North Star Video in l�Soon Plaza and has leasec7 space previously occupied by 906 Offioe Dquipnent. Ae stated he felt the sign, which was used by SOS, coulc] be -1- 4H ...1�.�M� �i�srM��. ._- . a,��„�t �+; reworc3ed sinoe his Offioe F�quignent. other than to have he� th business is different that the groducts marketed by SOS He stated no other changes would be made in the sign the wording ciianged. (�lson stated wilen he a�ntacted the sic� ooml�nY for this to be reworcl�ed, was advised the sic� was norr-�or�om►in9 si� ana apprwal was needed f rom e CYty � Plr. Oilson stated he has invested everything in this business and it is critical to have the sic� reworded and this misunderstanding cleared up. p��u►cilman garnette asked if there was any mention of the sign at all when he leased this building spaoe. Mr. alson stated the landlord suggested he talk to the vwrers of 906 C1Efioe Dquignent regarding the sign. He further stated the first time the owr�er of the oenter saw the sign plan he didn t reoocyzize it _ as so�►ething he had seni out. He stated he was told by the manager of Aioon F�laza that he �uld use the sic�. t+layor Nee stated the question is whether or not the use of the sign is subject to a varianoe. Mr. Herrick, City Attorney, stated he concurs with the Assistant City Attorney's opinion and any disagreeqnents would probably be between the O�uncil and awner af the shopping center rather than with Mr. Olson. He stated the o�wr�er of the oenter agreed to a sign plan and it is correct to ass�ane that when there is a change in tenant, the City should reasonably expect the awr�er to o�nfotm to his plan, rather than a renodif ication or reuse of the existing sic,�. He stated it was their opinion that, while it is probably true that changing the message on a sign would be permitted unc3er a rorroonforming use, it is the shopping oer�ter awner s obligation to change the sic� anc7 bring it into o�r�ormity with the si� plan be sut�nitted to the c:ity. He stated it is hoped there might be some reasonable interim settl�nent so that Mr. Qlson isn't put out o� busiress while the issue is being resolved between the City and the vwr,er a� the shopping oenter. Qo�cilman Aanernik asked the anst � cbing a f ace 1 if t Qlson felt it would probably be about $1,000. Mr. alson the sic� fran the grevious tenant, 906 Offioe Dquignem• on the sign. Mr. stated he purchased O��mcilman Barnette asked if the sic� vould be changed with a stipulation that Mr. Olson must aome into oanplianoe with the sign plan of the center within a oertain amotuit of time. Mr. Herrick stated this woula be in the pawer of the aoi�cil. Mr. Herrick stated he dicin't believe a variance was required because the size and shape o� the sign are not being chan9ed, only the message. Ae stated his oonoern is not with changing the message� but fram ttie standPoint a� interpreting the ordinanae because oi the sign plan agreement the City has with the a�r�er o� the shopping oenter. i�ayor Nee stated he felt the ordinance needed clarification as be didn't —2— ... i►. � �i��lY��. .; . s.r��r_�; know haw the agreement oould be ertforc�ed the way it is now written. I�ir. Herrick stated possibly the ordinance needs some clarif ication to specifically state when there is a non-conforming use and a change of o�wnership or a change in the type of business being conducted, the aorrforming use will oease. 8e felt when the City enters into an agreement, there has to be sane length af time stateci when there would be a q�nversion. Mr. Herrick stated to settle this situation, Mr. Qlson oould be allowed to use the sic� for a period of time and, in return, he or the awner would agree to bring the sicy� into �r�formance within a oertain specif ied period of time. Mr. Qlson stated when he apglied for a five year loan to open this business, the sicpi was part of the plan sham to the loan company and felt he wouldn't want to make any changes before this five year perial. Mr� C,�s Doty asked in what way the present si� was in violation of the sic� ordinance. Mayor Nee stated it was too large. Mr. Herrick stated the question is whether the grandfathered pravision oeases when you have a new a,,ner, nesa type of business, and new message on the sic�. Mr. Qlson stated he �derstands the agreenent exists between the vwrer of the shopping oenter and the City, but dic�'t have anything to cb with him. Mr. Herrick statea it has everything to cb with him as long as he is a tenant in the center. Mr. Herrick felt the owner or a representative for the shopping center should oame in and let their intentions be known regarding their agre�nent to the sicyi glan arx3 when theY intend to put it into ef f ect. Councilman Hamernik stated he woulc�'t be aomfortable with allowing Mr. Olson to use the sic�n for any period wer two years. He felt to allvw the existing sign to ooritinue for arother five years is just making a mockery of the sign ordinanoe. Mr. O�l9on stated he dic�'t feel five years would be an unreasonable length of time. �ouncilman Hanernik stat�d if Mr. 41son wz+s uncomfortable with a two year time period, he would then reoorranenc3 this iten be tabled until staff has a chanoe to discuss the matter with the shopping aenter awner. I�'I�IpN by O�uncilman Aamernik to table this iten to the rext regulat meetin9 for a report from staff. Se�onc3ed by (7��mcilman Fitzpatrick. Upon a voice vote, all v�ting aye, Mayor Nee declared the motion carried unanimously. M�'I*ION by Cbuncilman Schneider to request staff to review the current sign ordinanoe, specif ically r�rroor�orming uses and chan9e in messages, and to make recommendations what can be done to enforce sign plans f rom the shopping centers and to provide a check list on what has to be done. Seconded by �uncilman Fitzpatrick. Upon a voice vote, all votir:g aye, I�fayor N�e declared the motion carrieci unanimo�slY• Mr. Olson stated he dic�n't realize a vote had been taken to table and would like to vonsider the two year time limit. I�iyor Nee suggested he bring up this iten af ter they have f inist�ed with the other agenda. Towazd the end of the meeting this iten was cliscussed further: 3- � "41 3. 4J �� 1�. � ��+�1y1�. �. �,a,��„�: �; IrD'I'ION by O�uncilman Barnette to renwe this iten fran the table. Seconded by Councilman Hamernik. Upon a voice vote, all votinq aye, Mayor.Nee declared the motion carried unanimously. Mr. Olson stated he agreed with the two year time limit in order to bring the sic� into vanplianae with the a�de. ► !'17i'Iqtd by ��cilman Aanernik to allow l�ir. Olson to maintain tlie present sic� size for a period not to exoeed two years (Januaty 1, 1987) , or if he is no longer in business before this time, the pennission to maintain that sic� would be tenninated. 9eoonded by douncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee c�eclared the motion carried unarwnously. :?`�).i �► .� . Mr. Flo , Public Works Director, stated this resolution is necessary in order fo a lot split to be reo�rded which was approved by the Council on April 16, 84. Mr. Flora stated indirectly associated with this action is a bill for $ 0 for cleaning the sanitary manholes at 7820 University and 8010 Rancher's oad. Mr. Flora stated here was also a stipulation made by Council for an agreenent to be r ded at the Cbunty to allow tenants of Lot 1, Block 2, East Ranch Estates to parking facilities of Lots 4 through 8, Block 3, University Industrial k and vioe versa. Ae stated the aty has a oopy of the agreenent, but it has ot been f iled with the O�unty. I�D'!'ION by O�uncilman Hamerni to adopt Resolution No. 136-1984. Seoonded by tbuncilman Barnette. Mr. Herrick, City Attorney, state e would ooritact Mr. Paschke's attorney for the original oopy of this agre nt so the city could process it for reoording. Mr. F'lora stated in orc3er o prwide for adequate parking, it is depenc3ent on the rec�rding of this agr ent. It was the ooncensus of Council if the �St for cleaning the sanitary manholes was not paid, it would be assessed. \ UPON A VOY� VO�I� TAI�N CN 7�IE ABOVE NDTION, all voted aye, and Mayor Nee declared the motion carried unanimously. �!�. �� y_��I� « � �I !► M �!�!_ :U_: � ';��.4u�?��l �, .1= _; �ly Iyr. I1ayd L�d, Deputy Director of the Dnergency Services Divi on for the Minn�esota Departrnent ai Public Safety and Mr. Ztm Aloorn, Hazarcio N,aterial Specfalist, presented ir�formation regarding the hazarcbus material esponse •_ . team. Mr. L�md stated the State has tried to imprwe their capabili 'es for handling hazarcbus waste incidents and, in 1982, an executive orde was issued for the Department of Public Safety to coordinate with other S�ate -4- 4K ._i�'"' �`� , CtTYOF FRiDLEY CIVIC CENTEii • 6t3f UNlVERSITY AVE. N.E., FRIOLEV, MINNESOTA 55432 • PHONE (612) 571-3a50 January 14, 1986 CIiY COUNCiL ACTION TAKEN NOTICE Kim Olson North Star Video 6213 University Avenue N.E. Fridley, Mn 55432 Dear Mr. Olson: i On December 17, 1985 , the Fridley City Council officially approved your request for a var�ance or a sign with the following stipulations: - 1. Mr. Olson be allowed to maintain the present siQn for a period not to exceed two years (January 1, 1987), or if he is no longer in business before this time, the permission to maintain that sign would be terminated. If you have any questions regarding the above action, please call the Planning Oepartment,at 571-3450. Sincerely. ' JAMES L. ROBINSON PLANNING SPECIALIST ,, � JLR/de Please review the noted stipulations, sign the statement beiow and return one copy to the City of Fridley. Concur with action taken. �'J Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: Nasim Qureshi, City Manager i FROM: Jahn G. Flora, Pu41ic Works Director DATE: March 24, 1988 SU BJ ECT: Hir,hway 65 East Serv ioe Road Vacation Rvss-8� The Shorewood Plaza Developers, in o�njLa►ction with the Comm�nity Developnent Department, are suggesting the vacation of the Hic�way 65 East Service Road f run Rive Creek Road to the rx>rthern property line. The vacation of this servioe road is oonsistent with the imprwanent of Rice tYeek Road and would pravide for a safer intersection. With a public access easement across the Shorewood Plaza property, acoess would still be availahle to the properties to the mrth af the developnerit project. The Planning Commission has reviewed this item and supports the vacation of the servioe road. If the Cotmcil desires, I suc�gest th�y set a puhlic hearing for the vacation of the servioe raad for their April 18 regular meeting. JGF/ts / ' fW� ' 5A , � : �I� �. !�,�� u �Y ►. : �. .: :� ' �� Mr. Brody stated he had no objection to that,. because entranoe into proj ect was thei r maj or oonoern Mr. Betzold stated Staff was asking the Planning Commission o table item to give the City more time to work with the deve oper on alternatives Haa did Mr. Brody feel about delaying this i��"em? Mr. Rrody stated they w�ere not planning to start but haa long would this be delayed? Mr. Robinson stated �is probably would be brouc� Planning Co�nr►ission meeting � th e this some �ntil spr i ng, . ck to the Jan ?7th Ms Angie Gelbert, . 6291 Central Avenue, . stat� she had not received ariy grevious notives of this developnent, . and thi was the f irst time she had heard of any develognent. She stated sh would like to know how this develognent would affect her assessnents an�haa it would affect the traffic on Rioe Creek Road and Old Central. She�ated it was very diffiwlt to get out o� her driveway onto Old Cewtral r�aw. Mr. Robinson stated that as far as �h�developnent, . there would be ro effect on Ms ��e1 der t' s prope r ty in te rms o asse ssnents Cc�uncilmember Schneider stated �Ehat as far as the City Council was oonoerred, . there would be no as�ssnents regarding road improvenents Mr. Rc�binson stated he was. so� to hear that Ms. Geldert had not reoeived any lxevious notioes as s�te ail.d have been included on the mail ing 1 ist. He .tated Ms. Gildert was eloome to stop by anytime at City Hall, . and he woul d rev iew the pr oe c� �. t3� her. �' TIQN by Mr. Kcirdr i�15/ se wnc3e d b� Mr. S`vanda, . to c1 ose t3�e publ ic h ear ir�g TJ]aC1N A VOICE VOlE�•. VOTIl� A�, . Q3AIItFE�QV BEZZ¢D IIEQ,ARED THE M�TION (7�FtRIED UNANIM)U AND Z4iE AJBLIC I�ARIl� Q,�ED AT 7:55 P. NL �QN by Ms, Sherek, . seconded by Mr. Kondrick, . to table further oonsideratior� this issue, . and that Staff be directed to develop some alternative "for hanc�.ing the traffic in and out of the developnent with c�amnents f the developer. .�is. She k stated Staff should pay p�rticular attention to limiting the impact the people a� 63rd Avenue and to explore the possibil ity of an "ent ae only" at t3�e pcoposed driveway location A VOI� VORE, . ALL V�Il� Ai�, �iAIIti£RSCN BETLCI,D T.EQ,ARED THE A'DTION E D UNAN IND(JSL� 2. �IDERATION OF A ATZQN. SAV #87-12. BY $HO_$� PLAZA PARTI�ERS: To vacate all of that portion of the Hic�way 65 east service road lying westerly of and adjao�ent to the Shorewood Plaza Shopping Center,. generally located at 6257 Hic,�way 65 1�I E -4- j�S /�1r l : I : \�\I \. ��,V�V �.� V ��1M �. : +: .e �� • Mr. Rohinson stated the reason for the vacation was that with the impravgnents to the intersectiori of Hic,�way 65/Rioe Creek Road, . they saw there was a negative in terms of traffic safety because there was not suff icient setback f rcm ti�e state ric�t-of-way to where the traff ic vanes in �and out on the servioe road Zhe City was �xoposing that the entire portion of the servive road adjaoent to the shopping center be vacated. 'It�at property would then revert to the shopping center vwners. 'It�e �vwners, . in turn, .would c�ant the City an easement so there would be access fram the Fridley Liqu�r Store to Riae Creek Road A].1 traff ic, . primarily traff ic frcm tfie Liguor Store, , would be able to circulate through the shopping center and then out to Rioe Creek Road 'Ihis proposal has been voordinated with the Public Works Departinent and with Mr� N�. Robinson stated Staff was reoarmending the fQllaaing stipulations: L Developer to supply a storm drainage glan for existing oenter Fx i cr to f inal apprwal o� vacati on 2. L�eveloper to sup�aly a joirit driveway easement to the City oonnecting the m�nicipal liqu�r store to Rioe Creek Road prior to f inal appraval of vacation. 3. I1eve1 ope r to sup�ly a rev iee d par ki ng 1 ot 1 ayout sdlene prioc to f inal appraval c� vacation. 4. Developer aa,rees to implenent the landscape plan sup�lied by City upon oompletion of Ric�e Creek Road imprwenents Al.l cgeen areas to have autanatic sprinkling Mr. Brc�dy stated he felt they were in favor o� the vacation. 'II�ey feel it will imprave the property and be in keeping with the averall plan for Moore Lake Carmons ye had no objection to the stipulations Co�cilmember Schneider asked if this vacation would affect �e Lift Mr. Rohinson stated �e Lift ooud possibly be impacted ee _tated Scott Hnlm, owner o� �e Lif t, . did call the City but he was not able to attend the meeting A median was being proposed on Hic�way 65, and southbotnd traffic would not be able to acoess �e Lift Also,. the vacation of the service raad would tend to cvt o�ff some acvess to the store Mr. Rc�t�inson stated he felt t�e closing of ti�e median on Hi�way 65 would be more o� a problea than the vacatia� of t�,e aervioe road Ms Sherek stated if t3�e servive road was clearly marked that the ac�eess was throuc� t3�e shopping center parking lot, . that should actually ease the negativ� impact; because the way the service road is now, . it is not in a very good position and is hazardous in terms of traffic mavement. She stated she goes throuc,�► ti�e �opping venter parking lot and past the grooery store now to get to the servioe road, . rather than make that quick lef t onto the serviae raad frcm Hic�way 6� Mr. Robinson stated the easement would really be a publ ic easement and was -5- . 5C� � :.i►' ►. ..,,�„��. .,, „��+ �. :,. :;. mt f or th e 1 iq uor st or e only. �QN b� Mr. Rnr.drick, eeoonded b� Mr. Swanda, . to reoatanend to City Council approval of SAV: #87-12 by Shorewood Plaza Partners to vacate all that portion of t�e Hic�way 65 east servive road lying westerly of and adj aoent to the Shorewood Plaza Shopping Center, . generally located at 6257 Hicj�way 65 AI E, witi� the fW.laaing stipulations: � L Developer to supply a storm drainage glan fo� existing oenter priar to f inal appraval c� the vacation 2 Developer to supply a joir►t driveway easement to the City aonnecting the m�icipal liquore store to Rive CYeek Road prior to final appraval � the vacation. 3. Developer to supply a revised parking lot layout s�ene psior to f inal appraval of the vacation 4. i�velaper agrees to implenent the landscape plan supplied by the City upon wmpletia� of Riae CYeek Road impcare- ments All green areas to have autanatic sprinkling UPON A VOICE VC1IE, . ALL VOTIIT A�, .�AIR�RSCN BEfiL¢D TEQ,ARED �iE A'YJTION Q�RRIED UNAN7M)USL� � -.. . - . - . . . - . . . . - .- . - . . �. •. :: • ► • :. . . . : � � a• : •�,��s: .� �. � � � : ► • .;,•�i: a• : �.� . .!: �1..��,� .! • • � • �l� ' Mr. Rnbinson stated the oonaept as Froposed f rcm t3�e begi ng was at the nld shopping oenter would be renodeled to be oonsistent itfi th w center in its desig� elenents .At this time, . the developer �are re to begin the renodeling of the existing shopping center,. and i�will renamed Moore Lake Co�nons Wes-t. '[he glan far the shopping �eriter i o construct a new metal canop� wer the sidewalk area. �e met�' cano ,. t3�e acoent striping, . and the stuc�oo sic� band will be oonsisten� �in the oenters and will be �iform in ooloc. Zhe only aeviatio�n o��lor �ll be for reooqzized logos for future o� existing tenants whid�,x�f'ic�t a different oolor. 'Ihis was o�nsistent to what has been cbne iir �the shopping aenters 'fie City feels this renodeling will be an e�oce�ent ge to the shopping oeriter. Mr. Rc�hinson stated Staff w�s r nmending the fallaaing stipulations: L Sic� criteria to ber Fr ided whid� are v�nsistent with thoae sutmitted foc 1►SQ6re ake Catmons 2 All siqis £c� th existing and proposed oenters to be the same o�la u� app�rwed by tfie develaper and the City. 3 Pyl ig� size for existing oenter a�ntingent upon approval e varianoe fac area. itrbinson stated the present pylon sign size was 224 sq. ft The loper plans to relocate the sicg� and remodel it at the same square � 7. � �i��' 9► YL► •�.il � yl�l�fiY�.y �i� .�l �' i� �1�Z�� .:t-��a-r�_��-_--.y-• — - — -- --- IrDT�ON tr� on�dlman Billings to waive the reading and a�xave the ordinanoe upon f irst reading. Sea�nded by Q»►cilwanan Jorge n. Up�n a voive vote, all voting aye, I�yor Nee declared the motion ied unanimously. I�. �bertson, �man�►ity Developn Director, stated the petitioner has been u�a61e to re�rd this lat it, whirh the ��r►cil appcaved in July oi 19g7, because the present r has not vac�ted the property. He stated the petitiorer, therefore, requesting an extension of the deacnir� to reoord this lot s�lit with 4��nty. rpTlpN b� (b man Billings to extend the c3eac�ine for reoording this lot sglit, L. 87-06, to J�ne 30, 1988. Seo�nded by ootr►cilman Fitzpatrick. Upon a oe vote, all voting aye, Mayor Nee declared the motion carried una ' usly. . .,•� , .�.. .�.:�,. �. �i a1 .. • ;�l!�� . i�1w.��l��S�*��1l.�ifl•l'�+Si 1!t�:��i- ti�� _ - - __ - - -- — — /• �1 � • _ � � �a' _ � �i i__ yi� Z� �� • L y � « �� • � � � � :�� -L � « �� 4}I �� . V � � • M � � - �.. � �� i �� • � il �• � �� •� � �_ .i_ ':_iJy� ; Mr. Robertson, �raniaiity Developnent Director, stated with the t�grading of Shoraaood Plaza Shopping Center, the intersection will be redesigned for more efficient and safer flaw of traffic. Ae stated it is proposed the enti re portion of the serv ioe road adj acent to the shopping center be vac�ated. Mr. Robertson stated the owners would grant an easement for traffic to be rerouted through the petitiorer's parking lot and enter Rioe Creek Road. He stated part of the vacated property woulcl be used for Ferking and gart for a c�ainage impotmd area. Mr. l�bertson stated the Planning Commission reviewed this request and rec�menended appraval with four stipulations which he outlired. Mayor Nee asked if �e Hic�way DeFert�nent was cping to close the median at 63rd Avenue. Mr. Qureshi, City Manager, stated the 63rd Avenue crossover will only be closed onoe the intersection of Rioe CYeek Road and Highway 65 is im�aved. I�yor Nee felt that some of the acoess for this neic�►borhood woulcl be shut off if the vacation were apFxaved. Ae asked if the rew ease�!ent would be a street. Mr. I�bertson stated the easement fran the petitioner would function as a f roiitage road. i�ayor Nee stated he dich't feel the plan has been satisEactorily worked out at this point and was a�naerred about the residents in this neic�borhood. Mr. George Applebaun, one of the developers, stated as far as the design of -8- ' 5D . 5E �I� !�1 ?� �4,1 �! i�.�� ti�?��ylL • - L�1l;_�a the roadway, it is the intent to make a c7rive aisle. He stated there woulcl�'t be curhi.ng, but sicpage prwided at the entranves for acoess to the Lift and the Ci.ty's liqu�r store. Ae stated he is more than willing to work with staff in the desic� for this roac�aay. Mr. Qureshi stated he would suggest this item be tabled so that staff can pravide an overall layout of the plan to see haa the traffic woul�l flaw in this area. Mr. Aerrick, City Attorr�ey, stated the history of the servive road should be checfced as to whether it is owned tr� fee or an easement and if it was dedicated b� the persons who originally platted the land. Ae stated if there is going to be vacation of a public street, there should be rotification to all affected property aar�ers. I�DTION b� ��mcilman 5chreider to refer this Frop�sed vacation to staff for further investic�tion and a report at the next regulaz Gouncil meeting. Seoonded b� ootmcilwcman Jorgenson. Upon a voioe vote, all voting aye, I�yor Nee declared the mation carried unanimously. B. mNSIAERATION OF A�T AP'PLICATION FOR �F+�REHENSIVE SIGN PI�] APPROVAL FOR TEiE SHQREWqQD PI��ZA SHOPPII� CENI'ER: 1�. Robertson, Community DeveloFxnent Director, stated th Planning Coc�a�►ission reviewed this sigl plan. Ae stated the plan fo e shopping center is to mnstruct a r�ew metal car�op� over the sidewal area. He statreci the carop�, the acoent strip�ng anc3 the stuco� sigl ban ill be o�n�i.stent► in b�th this and the adjaoent oenter, and will be iform in oolor. He stated the only deviation of �lor wi11 be for r 'zed logos for future or existing tenants which might be a different lor. Se stated this is oonsistent with what has been cbre in other p�ng oenters. Mr. lmbertson stated all the basic sigis e oonsistent wth the oode with the exception of the existing pylon si for which they have applied for a varianoe. Ae stated the Planning mmission recommended the sign be upgraded and by cbing so, it tech cally dlanges and raises the question if it can be grandEathered. Mr. rtson stated the question of the varianoe on the p�lon sic� is to be o� dered ty the Appeals Commission, hawever, the Planning Com�►ission r ended approval of the �mprehensive Sign Plan for the buildi.ngs with sev ral stipulations. Ae stated staff would suggest amther stipulation be d that ro p�rta-parel sigis be permitted, Co�mcilman Schnei asked the petitioner if the pylon sign oould be reduoed. Mr. App �an stated because it is necessary to get all the tenarits' r�ames o the sicp�, it ooulc�►'t be much smaller than 224 square f eet. ' 4��cilma Schreider stated the pylon sign is tied in with the vacation beca here the sign is now located, this property is proposed to be vaca d. He felt something had to be cbne to bring the pylon sign into ianoe with the a�de. -9- SA� ��8�-�2__ _ . 5F -l�fE4� � Z� - - .-�� ; � _W . �3� � � , o�� ,— , �) / �,� ° � � �y� 0 �. _.�. 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AREA TO _ ( G _. ��E�� `--__==_-1,=_'� ._ � (� � r�, � -� -----1- . �C ROAD MEqqN . � 5G PRELIMINARY SERVICE �OAD RELOCATION DESIGN � �► ci�nr oF FR! DLEY i PLANNING DIVISION ME11/IORANDL[M I�MO Z0: Jock Robertson, C7o�nmtnity Developnent Director City Couicil MEMO FROM: J im Robinson, Pl anning Coordinator ,� r'� MEt� DATE: March 23, 1988 RDGARDING: Shorewood Plaza Sic� Varianoe � BAQCGFtQJAD On January 25, 1988 the �tmcil reviewed a request by Shor�aood Plaza Partners for building set�ack varianoes for the existing center and also for a pylon sign area vari�noe fran 80 �quare feet to 224 square feet. At that time the two variances were separated. The building setback variance was approved and the signage varinnoe was tabled to allaw staff to pravide additional backyro�.a►d information for Co�ricil oonsideration. (�.irrently the developer's are working on remodel ing the oer�ter in order to make it oonsistent with the design standards which are part of the Moore Lake Commons master plan. Ir: onnjuzction with the proposed vacation of the service road and redesicp� of the parking lot for the existing center, it will be neoessary to relocate the existing pylon sigz. Felocation of the sic� would create a situation whereby the legal status qranted by the old varianoes would beoome obsole°te. �N�,YSTS Attached for Coincil review is a listing of variance activity for pylon signage sinoe January 1, 1982 with additional inforniation for pre-1982 non-conforming sic}�s. Althouo� there is no readily ap�arent oonsistency to the varianoes granted, it cbes appear that the Shorewood Plaza Shapping Center, due to its size and hir,hway location, is not extrene. �rther research of the property file indicates that the City Co�cil apFroved the varianoes for the Ald center to allaw a total of 343 square feet o�' pylon sic,nac�. �e c3eve2oper is proposing a pylon sic� which would include 224 qquare feet o�f g�lon sigzage (see illustration). This represents roughly a 35$ decrease f rcxn the existing s�c}�. In this week's Cotmcil packet is a review of the Spring 1986 study of pylon signage and the proposed ordinance revision which was tabled inc3ef iryetly by Co�cil on Jtne 16, 1986. The existing shopping center Q�ioore Lake Commons West) is 60,000 square feet. The proposed shopping center Q�loore Lake Co�nons East) will be 54,000 square feet, for a total retail/off ioe developnent of II4,000 square feet of develo�.ment. As part of the stipulations pertaining to the sic� varianoe, the developers have agreed to abide by the 80 square foot requirenent for the proposed ceriter, Nbore Lake Caiunons East. �e rew pylon sic� would in effect serve as a monunent for both the old and new shapping centers as well as the raoquet and health c1ub. In oonjLnction with the pranotion of the City's urban desic,� standards and the related improv�nents on University Avenue Corriaor, the City may decide that masonry gateway siynage elanents would be desirable at both the southeast a�rner c� Rice Creek Road and Hic�way 65 and at the southwest oorryer o� Rice Creek Road and Old Central. Should this become a aef inite proposal, staff would present this oonvept to the City Co�►cil at that time for thei r�nsider ation. JI,R/c�n r�-8�-64 . ►J 9. �i �-.�i-1: usa� ��11y.M �I�I�iY1► � - - �1�,. _y IrDT]DN b� ��mcilman Schnei3er to ooncur with the revommen tion of the Planning Commission and approve the oomprehensive si plan for the buildings for the Shorewood Plaza Shop�i.ng Center, exce the pylon sign, with the follawing stipulations: (1) sign criteria t�o prwic3ed which is oonsister�t with those sukmitted for Moore Lake Co s; and (2) all signs for both existing ana proposed oenters to be the e oolor tnless approved by the developer anc7 the City. Sevonded tr� (b cilwanan Jorgenson� Upon a voice vote, all voting aye, Mayor Nee clared the motfon carried unanimously. It was the general oonvensus of the the porta-�anel sig�s should be add in this �rticular situation. � G cil that staff's reo�mmendation on d f or the enti re Ci ty and not only NDTIDN t� Cb�ncilman chneider to direct sta£f to study this wh�le issne and what options may be available, rather than prohibiting the feeding of the �cks. Sewnded Gb�ncilwanan Jorgenson. Op�n a voioe vote, all voting aye, Mayor Nee clared the motion oarried unanimously. Mr. �'lora, ic Works Director, stated the Lec�slature is being asked to study thi same type of Froblen. A'DTION Councilman Schneider to receive the minutes of the Planning Cotnn' sion meeting of Jantsry 6, 1988. Seoonded tr� �tncilman FYtz�atrick. Upo a voioe vote, all v�ting aye, Mayor Nee declared the motion carried nimotzsly. �,T�M Fl�r, Tf� MINLTPES OF THE APPEAIS QONIl�R�SI4N�' �TNG OF Tp�Ntwitv 12. 1988: A. �I�ISIDERATION OF A VARIANCE� VAR �87 38. 'I� RED[Kg TE�E R�S?LII� F�JNr YARD CR FROM 80 FEET �rr, �s ��r. � TN(''RFASE T�IE �UARE FQ(YTAGE OF A PX�_N_.SIGN F�__80 �(IAR� �0 224 4?tm`-�2E FEET� THE �41� RFII� �257 HIGH4�►Y 65 N. E. : HDTION by Counciltnan Schneider to divide these two issues, one being aonsideration of the varianoe for the fror�t yard setback and the other to increase the square footage of a pylon sign. Seoonded by Councilwoman Jorgenson. iJp�n a voive vote, all vating aye, I�yor Nee declared the motion carried unanimously. Mr. lmbertson, Cb�n�nity Developnent Director, statrec3 the building setback fran Rioe, Creek Road is 75 feet and a minimtien of 80 feet is required Ly a�de. MJTmN 1X m�cilman Schreider to grant that part of varianoe, VAR �87-38, to reduve the requi red f ront yarc3 setba ck f ran 80 feet to 75 feet on tbe east o�rner of this proposed development. Seconded by Councilman Fitz�strick. t1p�n a voioe vote, all voting aye, Mayor Nee declared the -10- � : � � �; �1._�. �� y��Y �. �� i�l��s �� motion carried unanimot�sly. NpTmN b� (bimcilman Schneider to direct staff to provide data on other p�lon sic�s in the area and sigls in similar developnents for a report at the next reyular Q��mcil meeting. Sea�nded b� ��cilman Billinc,�;. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. • 10. �� "i1 �• 10 88 AUI'fiORIZII� RiiE IS�C�4NCE AND SALE OF FLQATING RATE ��m a��AifiF RFFi1TIDII� BOI�S gE • I+DT�UN by Oo�mcilman �tzpatrick to acbpt Resol�ion No. 10-1988. oonded by O��ncilman Schneic3er. Upon a voive vote, all voting aye, yor Nee declared the motion carried unanimously. 12. 13. • ��Zi]��.c.��_Q�Z�t��cr;�!�1�� •_• � � • Mr. Aldrich, Fire Chief, su�mitted v�pies to the Counci of this proposed lecpslation rec�rding the firefighters' pension. Ae ated in 1987, the mincil apFxaved this �ame res�l�ion recprding the nsion dzange from the Def ined Beref it to the Def iryed Contribution type of nsion plan. Ae statea it was not possible, however. for the Legislature act on this particul�r ci�ange and is ra�w slated for the 1988 Legisla ve session. Mr. Aldrich stated he felt a wrrent resolution would be ore effecitve shawing the Cbuxcil's supp�rt of this change. I�DTION by Cbua'icil�ran Sc�neicier to acbpt lution No. 11-1988. Seo�nded tr� Councilman Fitzpatrick. Opon a voi vote, all voting aye, Mayor Nee declared the motion carried unanimousl . _-' 4_;__ al �� Mayor Nee state� Anoka Tech cal Institute serves about 2,000 FridZey residents a year and has req sted the m�ncil's support in their effort to obtain capital f�mds. I�DTmN b� ��cilman S icler to acbpt Res�l�tion No. 12-1988. Seoonded by �iincilman Billings. n a voioe vate, all voting aye, l�yor Nee declared the mation aarried nimously. Mayor Nee request d a a�p� of this resolution be forwarded to the State and to Anoka Tedzni 1 Institute. � . - - - -- ------ ---- -. ..,.,..�.�e,c..,T.,�. r1r i�. Robe�son, �nunity Developnent Director, statred the ARA approved this chanae r3er for additiona2 soil tesing and site inspection at Lake Fbinte by Councilman Schneider to approve Change Order No. 2 with -11- • : CITY OF FRIDLEY APPEALS CUN��IISSION NIEErING, JANt7ARY 12, 1988 CAId, TO ORDF�2: Vioe-Chairperson Barna called the January 12, 1988, Appeals meeting to order at 7:32 p.m. ROLI., CALL : Members Present: Alex Barna, Jeny Sherek, Diane Larry Kuechle D�rs Absent: None Others Present: Darrel Clark, City of Frid Bill Brezinski, S�burban gineering George Applebaum, 2233 . Hamline, Suite 220 Norm Brody, 2233 N. ine, Suite 220 Dave Yamagudi, Su Ar.ierica Kathlyn Castle, ty of Fridley APPF2lJVAL OI' DDCII�iBII2 1, 198 , APPFALS CQP�IISSION D1INUrES: th Vos, P40'I'ION by Dr. Vas, seoo ed by Mr. SY�erek, to apprave the December 1, 1987, Appeals Comnission tes as written. Upon a voice vot , all wting aye, Vice-Chairperson Barna declared the m�tion carried anirrously. WELrC,'01�'IE N�CONII�IISSION N1II`iBER, I�1RRY IQJ�HLE: Vice- airperson Barna wel�coc��ed Mr. Kuechle to the Ca�mission. H�e stated Mr. uechle was replacing Don Betzold who had recently been appointed 'rperson of the Planning Cc�nnission. 1. CONSIDERATION OF A VARIANCE RE� VAR # 87 �3�6; BY SHORF.'Wt�OD PLAZA PAR`Ii�RS: L �.. L ,6�,-z� � �..� �L, r �� 4 j r+' +� j r` -' oo--r"� to Chapter 214.11.2.B to increase the square footage of�a pylon sign fran 80 square feet to 224 square feet, on that part of Governn�ent Lots 1 and 2, being a part of the Southwest Quarter of Section 13, Township 30 „Range 24, Anoka County, t�Liruiesota, the same being 6257 N.E. Hic�way 65, Fridley, Minnesota 55432. MOTION by Ms. Savage, seconcled by Dr. Vos, to open the public hearing. Upon a voive vnte, all voting aye, Vice-Chairperson Barna declared tl�e public hearing open at 7:34 p.m. 6C ApPEALS OCx'�LISSION A�!'ING. JA�JA�Y 12, 1988 Vi�e-Chairpersan Barna read the Ar3c:urustrative Staff Report: ADMINISTRATIVE STAFF REPOR'1' 6257 Highway 65 N.E. VAR #87-38 , : . ; . . � y �� • y� • s i� � 6D , PAGE 2 • Secti� 205.15.3.c.1 r�uires a m�-nim�un of 80 feet fran public right-of-way. Public purpose served by this requirement is to provide for adequate parking and apen lanc3scaped areas as well as to avoid congestion and provide adequate site clearances in comrercial areas. Section 214.11.2.B requires a maxi.mum sign size of 80 square feet in area per development. Public purpose served by this requirement is to oontrol visual pollu- tion and excessiv�e use of signs in cannercial areas. B. SiATf� i�RDSHIP: "The building setback off Rice Creek Road is a minimiun of 75 feet at one point only. This setback deficiency was created by the City when the ric�t-of-way was expanded. "The sign area variance requested is to retain the present pylon area of 224 square feet. The center is to undergo retrodeling this winter which will make the existing center canpatible with the proposed cer►ter to be built later this year. The City has requested that all the signage be cacpatible for both develapr,�ents. We are willing to re,model the sic�pn to canq�ly, but do not wish to lose the area which presently is grandfathered in. This sign, when remodeled, will serve the entire M�ore Lake CaRinns District." C. ADMINISTRATIVE STAFF REVIEW: The existing center was built in 1965 prior to the construction of Rice Creek Road which was built in 1966. Either the building was oonstructed too close to the right-of-way or the City toolc right-of- way which created the variance. In either case, appraval of the variar�ce should be granted at this time to remove the non-conforming , status. The developer and the City hav�e developed a cor►prehensive plan which integrates rem�d�ling of the existing center with the i�lementation of the new center' arY3 health club. The Moore La'ce Corm�s area is intended to be the prototype for the Fridley Urban Design Standards which are currently being conQiled. One of our major goals is to prom�te uniform signage. The proPosed sign will be cansistent with ii 6E ApPF�LS CCY��dISSION MF.�rING, JANUARY 12, 1988 PAGE 3 design motif for•the area. The developer would have the right to maintain the existing sign as it is grandfathered in. Alonq with the proposed vacatian of the service road, the parking lot is being re.�cr�deled. If the sign were to remain in its existing location, it would be located in the par'king area. Staff supports the variar�ces for the relocation and ren�odeling of the pylon siqn with its current area of 244 square feet provided that: 1) Staff reserves the ric�t to approve the final design of the sign; 2) the new center's pylon sign will have design consistency with the remodeled sign; and, 3) the new center's sign will not be considered for variances. Mr. Clark showed an aerial photo of the property. Mr. Clark stated that from the southeast corner of tl`�e e:cisting sho�ina oenter building to the public right-of-way was 75 ft. Zhis was oonfirn�ed by a reoent survey, even thouc� the majority of the wall is m�re than &0 ft. from the right-of-way. Mr. Clark stated he did not knaw the exact locatian of the new sign, but it had to be at least 10 ft. from the highway right-of-way . HP �tatP� thA area where the sicg� was naw will be incomorated int�o parking lot. rir. Clark show�ed a design of the new pylon sign. He stated the new r►ame of the shopping center will be M�oore Lake Ca�rons, and then the various tenants' names will be listed below the nai� of the center on the sign. Ms. Clark stated the staff report talked about the reirodeling of the facade of the existing shapping center. A permit will be issued later in the week for a new man.sord roof, and a new area for wall signs (sign plan was going to City Council on Jan. 25th. T� developer plans to start constructing a smaller shopping center, along with a health and racquet club, to the east and across Rice Creek RQad fran the existing shapping center. Mr. Barna stated that presently on the west side of the building, there was a driveway that oonnected the senrice drive from the parking lot. 6�at would happen to that driveway and the traffic mavement through there? Mr. George Applebaum shawed tl� Ca�ussianers hvw the traffic would be rerouted through the shopping center if the service drive was vacated• He stated only that portion of service drive adjacent to the sl'iopping centsr wa� to be vacated, so traffic ooming fram the nuanicipal liquor store could still acoess the parking lot and connect to Rice Creek Road througt'► the parking lot. Mr. Norn�an Brody, the developer, shvwed and explained to the Cornnissioners the plans for remodeling the existing shopping center- Mr. Sherek asked what the height was for the existing pylon sign. 6F AppEALS CONC�IISSION N��ING, JANUARY 12, 1988 PAGE 4 Mr. Applebaum stated he did not knaw the overall heic�� of the sign. He would guess it was about 18 ft. fran the bottaY► of the sign to the top of the sign. He stated the sign face itself w�ould be 26 ft. by 8 ft. Mr. Brody stated the height of the sign was within c�ode as the City`s maxinnuci sign heic�t was 25 ft. � Ms. Savage stated that it was her impression from the staff report that staff was reccx�mending approval of both these variances. Vd�y was staff rec�rending approval? Mr. Clark stated he was not the author of the staff report. He stated the City has been working with the developer. �e developer is upgrading the existing shopping center and will upgrade the existing sign. The person who wrote the staff report, along with other planning department staff members, feel this would be an i�rovement over what is existing; and, apparently, are willing to reoostmend to the Appeals Caimission that these variances be approved. i•iC7rION by Ms. Savage, seconded by Mr. Kuechle, to close the public hearing. Upon a voive vote, all wting aye, Vioe-Chairperson Barna declared the public hearing closed at 8:00 p.m. Dr. Vos stated he has lived in the neighborhood for 14 years, and he would support anything that would i.rrq�rove the existing sign and the existinq shopping center. He stated there was a definite need for visibility and identification for a develognent this big and this deep off Highway 65. The hardship for the front yard setback from 80 ft. to 75 ft. was essentially that someone built the building too close to the road, and there was not much that oould be done about that now. He would support both variance reguests. Ms. Savage stated she agreed with Dr. Vos. The sign as it was naw was certainly an eyesore. 5he stated she had a particular interest in signs, and she thought signs oould really be one of the worst visual pollutants in a comrninity. Generally, she was not in fawr of large signs, but in this case, the existing sign was very visually polluting, and something should clearly be done about it. 5he thouc�t this proposed sign would be a very, very definite i�rovement over the old sign and would be an asset. She stated she had no prablem with reooimiending approval of the sign variance. She stated she also agreed with Dr. Vos regarding the front yard setback variance would reoonanend approval of that variance also. Mr� Sherek stated he was in favor of recam�r�ding approval of both varianoes as requested. Mr. Kuechle stated he was in favor of reco�nending approval of the varianoes. p,pPFAT S COrR�IISSION MEE.'I'ING, JANf1ARY 12, 1988 PAGE 5 ' 6G Mr. Barna stated he agreed with what had been said by the other coimu.ssioners. The variance from 80 ft. to 75 ft. fran the public right-of�way was not going to make any difference. It has been that way since 1966 when the road was put in, and would be that way for a long ti� in the future. The sign was part of the whole development plan, so he would be in favor of recomrending approval. of both variances . MOTION by Mr. Kuechle, seoonded by Mr• S�er�� tO r��nd �suant to Council approval of VAR #87-38 by Shorewood Plaza Partners, p Chapter 205.15.3.c.1 of the Fridley City Code tA reduce the required front yard setback fram 80 feet to 75 feet; and pursuant to Chapter 214.11.2.B c;f the Fridley City Code to increase the square footage of a pylon sign from 80 square feet to 224 square feet, on that part of Gaverrunent Lots 1 and 2, being a part of the Southwest Quarter of Section 13, Township 30, Range 24, Anoka County, Minnesota, titie sarie being 6257 N.E. Highway 65, Fridley, Nlinnesota, with the follaaing stipulations: 1. Staff reserves the right to approve the final design of the plan. 2, The new center's pylon sign will have design consistency with the ren►r�deled sign. 3. The new oenter's sign wi1Z not be consid�sed for variances. Upon a voioe vote, all voting aye, Vice-Chairperson Barna declared the mQtion carried unaniimusly. 2. CONSIDERATION OF A Pursuant to Chapter 2 .15. the required side yard tb part of I,ot 4 and all of being 621Q N.E. Highway 65. RF,�IUEST, VAR # 87-39 , BY MILI,F',R FUN� tiCx�:: .C.2.b of the Fridley City Code to reduce ck on a o�rner lot from 80 feet to 35 feet on 3, Block 1, Herwal Second Addition, the same McJTION by Dr. Vos, seoonded by . Kuechle, to open the public hearing. Upon a wice wte, all voting aye, Vice-Chairperson Barna declared the public hearing open at 8:03 p.m. Vice-Chairperson Barna read the AL)MINISTRATIVE STAF'� � 6210 HIG��Y 65 N. VAR #87-39 A. PUBLIC PURPOSE SERt7ID BY REQi1IRII�Nrs ve Staff Report: �Section 205.15.3.C.2.b requires a minimum 35 foot ide yard setback on the street side of a corner lot. Public purpose sezved by this requirement is to mainta3� ad�Na� side yard setbacks and aesthetic open areas around �ir\ al structures. `� �8' �' 6H Shorewood Plaza Partners tr--- T.------- � ,��.,.-r � key,�no�e c: r i17oArab��vec � $ ,,vy�/%idA er�s�n �}l (�'s�>�, _ ��_ � _Q_ __ is�., � � . ;�a�-'- a ,c, , Ck1� a o6eon>e q � � . ,,o .,�J -�� : p �. � f�l arAo�. � �' � ea��,.. �b` � �� 4 /Bs +A' � f o (� DeMi�rls 1 . � o �� /6 h y`� I l'� '� � ° 2 ��'�' �� t� � N a,�, w o ; _ _ . u Z � ; � d` � � � V � � . _.. tG�l. /O � ° J o Q o. s�-�s-soE' _ � g �'��s �10 REz�� J �, 23 c�� 9 ��'' � �DON�� pY �� x � , � Z ry ° So SO '� �� W y.� ��1) � � o `,�v� /¢ P 3 �1 � 22 ly��o o � ' � .� �¢� ° � (Y °� � `� � � 0 4 TF . 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RL � � � �ZOOJ J � .�..+J ; '' ' - �� `',,�, ^ •y •{ , /'/ � . � '- , C'I�fi�B/�Ars��. '. `. ' ; • /e✓a,r/oi,� /r� � y � . � ,' � i r � , � � U eD . �;:;: '� -�q. 8 8 ._ ; . , f ' � �r � ,� , ��° -� i : : � ' �,�,� •,,. 1 ; . ; - LQCATION MAP S c a I e � C I i e n t ��7 �� Design ��• • • �� 1� Date U L o c a t i o n N u m b e r t N C O R P O R A T E D Rcvised �� 7150 Madison Ave. W. ' Golden Valley, Mn. 55427 '(612) 593-0883 b m � 3� v r . 0 � < < > W _� � 0 � � 0 < � I• d3RD AVENUE r J -- -- -- _ _� � � � .� i � �; � I ,� � . \ � ` -' ` . ��, Q � �'' / ' �\, �r, ` < j� �= �-, �- i �i�; ._�� J�o � �� ,.1� � � o ��-��, s��,� �� a �� . _ a � f -' �- —.._- _ - a � t y - f `` � � _ _ �_ � � x �O - �_` �� - - . -_ � ° , : � t� --- _ - _ `` � -_ - _ . _ � — _� : _ � - , ° 'a � � �RiCE CREEK ROAD � �, . , _ r�`-�--" � J ,O �� //�//, '; �j�/, � O� � � 'Q� � � � - -, � Q ~ - ' �- � � ' Q�� -,Q t � I ` _ , ;Q � i` � � � 1- � � � �; ��'�`!�(�lf;, � � �� ilf- - C�� p� , � � � r � -O � - e--p ;/ �� , �� ; �� J :�, � ;�� .,�., - , \ �- _ =t-_ � _-*_- � ��-� � #8�-� � 6J Shor�wood Plaza Partners - `�..._. � - �� c� �_. � �� . �O / Q z i P�OPOSED SIGNAGE RELOCA�'ION 6K v�x #a�-4i SHOREF/00D PLAZA PARTNERS STIPIII.ATIONS I. STAFF RESERVES THS RIGHT TO APPROVE THS FINAL DSSIGN OF THE PLAN. 2. T� NEW CENTER'S PYLON SIGN ilILL HAVE DESIGN CONSISTENCY FIITH THE RSMODEL$D SIGN. 3. THE NEW CENTER'S SIGN I�iILL AOT BE CONSIDERED FOR VARIANCES. � Q2DINANCE N0. AN Q2DINANCE UI�IDER SEGPION 12.07 OF THE QTY CHARTER Z�0 VA(�TE SZREETS AI�ID ALLEYS AND TO ArIEND APPENDIX C OF THE QTY QODE The City Coi.mcil of the City of Fridley does hereby ordain as follaws: SECTION 1. For the vacation of that part of McKinley Street as dedicated in the Plat of Aoorn Hill Addition and together with the Northerly extension of said McKinley Street to the South line of the Plat of Amber Oaks, generally located at 59�0 Stinson Boulevarci N. E. All lying in the north Half of Section 13, T-30, R-24, City of Fridley, Cour�ty of Anoka, Minnesota. Be and is hereby vacated. SECTION 2 The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended, subject to stipulations adopted at City Co�cil meeting of . PASSID ADID ADOFPED BY THE QTY OOUNCLL OF THE QTY OF FRIDLEY THIS DAY OF , 1988. 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'� .'��ui �. , � . � ��' �� , r i � " ,��1 � �l J�,,z�,�y� =' � e '� • � � I' � � B,o� 1;. �I'� ��_i �Ir .iisis �1_�—__L�. . ti "Y'r�C1Y��e ' ; : _ - - �� ---�r v f , � �� e5 �» >r � I�) �� > l ,s,s �eno; e�� i f ��i) �. .�.t � . � � pQ� � . � , �.� � �9� � ! t�� y, : � �,�) �i � � � �.��, . �,. ; � , � ��, ° �,soo� ��) _ ,.I �,�� Gj (,rro) ';��s � ''' C� �-: � -� b� 3i ' 32�� '� 2 3 �5'3 �3 `�. l �.�; 5. ^ c_9;,� 'iQ�' 0' " ��eo> - �� a�, � ��• ' �3�1 . �'� ..� � J=vJ-', ^ ` {. r �� . " � � � . . � 3 �� , •- • _�,� ;s :� . � ,r,±� _ � 40 ��> .'91 ' . - �� , ;. t , �i�:: „ � } � //d�I'cY'. �� W ��,�� J� ..f�JJ•..:.Y.!C � �L�I . �. � /5'1 ,`� o v�� 1 �� . ;,3�/ .: ,: .i iy7 `~ „o,� "V � � ... o �7�'��r� I ��Y , � 1. � � , �9� `+� .. .. . c ` . � �, . . .. ''F `� . � �� `� t. , .... _ LOCATION MAP : ; «:��; � �,�;..� SAV #87-11 STIAJLP�IONS 1. Final approval of vacation contingent upon final approval of 17 lot Heather Oaks Pl at. (Rev ised Pl at incl udes 16 lot s pl us bal ance of Costello house paroel equals 17.) . � . � PLANNING DIVISION _ MEMORANDUM CITYOf fRlDLEY I�Nn �: Jun Robinson, Planning Coordinator Jock Robertson, Comm�ity Develognent Director City Cotmcil M�nbers r�rn Fxa�: Kathlyn Castle, Planning Assistant kDGARDING: Consic7eration of a Comprehensive Sic� Plan for 8251 Main Street r�Nl� L1�.TE: M,arch 23, 1988 Mr. Joseph Maertins of Maertins Brenny Construction has submitted a Comprehensive Sic�► Plan as required by his Special Use Permit, SP 87-05, for his industrial develognent at 825I Main Street NE. Staff reo�nmends appraval of this sic� plan sinoe it is in oomplianae with the City Coc3e and is aesthetically pleasing. M-88-60 I y �! _ i v, I ��I � � � F- I � i, ( � C � � .• y °� � . _ 7" Si0EW.4LK ESNT � -- --- _ - - - ...... i ..... •.•-•- ..... � . ` •. _ t Cf��* , _� ..;'. _.... _Y-.. � ,. , = ,,,,.. • : ....�if�+•-•• �� . I r�s r. : � � ►,'�' � i �i i i i i��i �� e. I' �! //R/a �� :i i�� i i i i . . ! ► '� �iiiiiiiii ��D •� . b�,p i�i �i�ii i ��i �� .-- ' (�� (.��ooJ � c� � � I N. � h \ I •► , � N � i ' -�� • i 's. �a6' e�r' � -- �_ — - _ ' J/�G�MV R . ; 2 � ;: � LOCATION MAP � ----� � � 0 City of Fridley 6341 University Avenue �'ri-;ley, 2•4N 55432 � � M1rch 8, 1988 *CRITERIA FOR SIG2dAGE AT 82�1 MAIN STREET Permitted signage: Individual letters mounted to 30�� brick area directly above doors. Letters may be either injection molded plastic-painted to appear cast aluminum, or actual cast aluminum letters. All letters muet be affixed to the building with the use of 3/16�� aluminum studs, and all studs ��' must be set in mortar joints only. Use of plastic padr� & s�licone is prohibited. Maximum letter height for 1 line of copy is 18". If 2 lines are used, overall height of letters rrray not e�ceed 28��, including ascenders and descenders. All square foot allotments will be as described in the city of Fridley ordinance under Di-1 and M-2 2oning. �Also permitted, are individual illuminate� U.L. approved lettera,�providing letters are mounted to a 20 guage metal wireway and wirevray ie fastened to building �vith mounting holes drilled tn mortar joints only.�- Permitted sizes are to be the same. All proposed signage must be � approved by landlord. A sketchof the proposed signage, signed by the landZord, v�ill be required for securing of permit(a). Sincerely, �'`�� w�"'� �' �� °'i°�►�E cC.,�2. Joseph Maertena ti� B�►L,D��C�. —ri'��eE is � Landlord ' �'� A- Ml►: �Y`i�:N`-� C� �� TI��GL ►`1 S�-flv�J. n 0 .„ 4040 h1AR5HALL AVENUE� NE. FRIDLEY, MINNESOTA 55421 781-0696 - 781-1315 • - � � � � F � � 7 , � � � �. � � � � j ' � � 3 � �� LL � �. i � � } � : .� � � .; , �: �� ' � I _ : I � . .. � �? �� i � �._ . � .} . .. 0 t � 9C . � �.. �� , : 4 � �� ! . � • �� } . � . . � . .. � � . _ _ __ REVlSED ELEVATIONS - 6/08/87 �i � r 0 � ., O I N P I : p 0 � � � � � � � � a;,1, a 0 9D 10 sao PA8$ evexue RBW YOBY,NEW YOEH 100$Q ( P12 ) 418-9'E00 s oswcacavacx s7asez LOADON SC3V pAT� ENOLAND Ol-9E9-J'J34 38, &U8 i&ONCHET 13009 PAEIB, PRARCE OI-42-66-59-49 3ao riasr xer[oxsc, swxa evii.nixo P. O. HOX 848 YOCHE6TE8,MINNEBOTA 66903 (b07)288-31b8 610 NOETH CENT&AL LIPE TOWEE 4�36 I�[INNESOT.� SI'REET 8T. PAUL, MINNB80TA 66t01 (BlP)287-BO1� DORSEY 8C WHITNEY e P�rrwa�sen /wc�oon.o PiORfEIOR�l COlroi�i�Otff 2200 FIRST BANH PLACE EAST MINNEAPOLIS, MINNESOTA 85402 (612) 340-2600 rEi.ex xs-osoa TELECOPIES (612) �10-E868 DENNIS BURATTI (612) 340-2920 March 14, 1988 City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Attention: James L. Robinson Planning Coordinator Re: North Suburban Hospital District, Special Use Permit #86-15 Dear Mr. Robinson: i2oo r�esr INT6BSTA7E cexrea 401 N08T$ III'* STHEET P. O. HOX 7188 au.r.caoe, xoxzs.�rs ssioa (aoe)QaY-oeoo 801 DAVIDSON HUILDINp 8 iHIED ST@ECT NO@TH ORBAT PALLB, NOF?ARA 69401 (40G)727-�G7S IE7 EAST FHONi 5'[8E6i YI880IIIJ,MONTANA 6980Q (4W ) 7E1'602J' 3l6 PIHSt NAT[ONAL HANH HUILDINO pA7ZA2A,]l2NNE8QTA 66391 ( 61P ) 47S-OATJ On October 6, 1986, the Fridley City Council granted to our client, North Suburban Hospital District, Special Use Permit #86-15 pertaining to the property located at the Southeast corner of the intersection of Osborne Road N.E. and Fifth Street N.E. Most of this property is to be acquired by the District from the Fridley Assembly of God Church. It was originally contemplated that this acquisition would be finalized in October of 1987. However, due to delays in construction of the new Church facility, the closing will not occur until approximately ,7une lst of this yea-r. The Special Use Permit contains 13 stipulations, several of which require that improvem�nts be made to the property by June 30, 1988. In that the District will not become the owner of the property until approximately June 1, 1988, �t respectfully requests that its Special Use Permit be modified to extend the completion date for the improvements described in stipulations 1, 2, 3, 6, 7, 8 and 9 therein from June 30, 1988 to September 30, 1988. 10A DORSEY SC WHITNEY City of Fridley Page Two March Z4, 1988 I would appreciate it if you would advise me of the procedural steps required for approval of this modification. Thank you for your consideration. DB: jm Ver truly yours, 1 Dennis Buratti cc: Betty Wall Sandee Sundem . .- ,.. _ � '<,� �... ,� ' � �.; . 4,:�" i � - : ,r ...:�'t7: ,�y;�_ . e �� '' ^+t' :�%__: : .-• * ` ' . .s� � ? . .. ' r'. F.i; . 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(dl 21 � /�l (/) lJSO/ �; t.`}: � �� r��,r�/7 �! � //�� .�.�u// `� t �-�p �:, ., / � ? y , • , �i � s (�3001 � 7 ,i.• � tt� . • � � , �,+.� �` 1� � ,• 2J W :�c � � . � 1..._ � r'�_ . — , -,—i5 �5-'" , s . ' � . �. � ---- -- � _ , I � � ,� � � (�001 it i ,s"J. ar�..... .i' 7 ('" I� +; �� +, wt B � w '3�..� S . a �'j � a�.�.. ....«. . _'^',:.. t � : � q � /�) � ;F) (ISOJ � ; /2 1 (IJ?O/ �s) �jY : !wJ ` � • �Ci+i � At. / !�) CL / r z z9 ` ��g . 9 / �� _ , i, C�J �, � .: ♦ �� ?!µ� ` ♦ s i/ QN ;i ! + , (/PSOI � C�l fsool � W 1 � � � �� yy� .a io � � � �n <<� � �J� . �� 27 's �'"I�. (,.� (4)(1101 ; �. i i, � '�j''� fp� L O 1 � � �r � �% �� '� /u) . . , �pz°°' �� _ ; �� ._%�-�� 4TH c�varu KE � �?' � `_',�� ;� ? . �„ . ,. � (,ur�sool �:,. c�� Qv �.� �'l i`nr �iz� �„�;�`,. i z� 4' r" �is �s' ,; i ! j� „ 2 J f � lM • .r � r Cr� �/) � %7(Q101 �� r� �� ~ �? j 1 ,i � s� r: * lM" �/J .: ��) :� �Gi> W (//�OJ i3 � •:� � � ��V [� � /y _ ! '� - I 2t � � e � i �1) �a ��' 0 �3 � ' 3 1+ i/ � ►'�� 204� ,. � (�X�1 � + • 7 � i �/ , i� Q j (M + i ' i� Z15� �(io s� d y '�`9s �'• > � .�� s : �� + s • �(r)� �: ir"" � 9 /,h � (�)!7lOJ � : +I »-�•.. ,: `�(w� � V � � � e l•��a �� . ,; �~ �� . nd:ADl �s . � • (� : s �1 • � l 1 � ! ; � a ,''�,a�•> ' �► I� �tv • ,« ri � . e � �: . � � CrXeool ` �� !J ^� � - ?,) � rd � �I a ^ i L • (��l. , IY � /� '� � [ � /6 ! .� � � f • � �..1�. ��y • � �� : �t• . • : . facil ities. Mr. Flora stated the Planninq Commission recommended approval of this special use permit with the stipulation that the c3eveloper Fravicie the City with tenant information prior to each occupanc.y o� the building so that the Farking may be monitored to insure there is a su�ficient nimnber of spaoes. He stated this is similar to what was c3one with t3►e Winf ield Developnent whose building was o�nstructed as an offioe/Frarehouse facility. Cb�mcilman Goodspeed questioned the trading oi� Fsrking between Mr. Harris' property and spaves at the �mQn�ity Park/ Mr. Harris, the petitioner, stated he y�ould be will ing to enter into an agreenent with the (�ity for joint use of his Farking and the City's parking at the Commulity Park. j Mr. Flora stated the staff's co�icern is there are a lot of daytime activities at the O�mQnulity Parkfand if they have such an agreenent with Mr. Harris, there may be a shortage�%f spaoes available for the Fark. (buncilman Barnette stated e reality is the park isn't used every chy on a a�nstant t�sis and when spe ial e�ents are held, they are usually only for a short period of time. Mr. Harris statec] he ho d the decision not to enter into a joint parking venture is not based y on a few day's use of the park. I�+�. �lora stated Harris' building is actjavent to the park and if a22 the space is leased or offices, it would be an increased use, and if no additional parki g were Frwic3ed, it would be a problen. Mr. Harris st ed he woulch't be able to rent spave to someone who needed more parking an what he oould provide so he felt some of these things are self- oorr ing. 1►�DTION b� unilman Goodspeed to ooncur with the recommendation of the Plannin Commission ancl grant special use permit, SP #86-14, with the stipula "on that the developer pravide the City with tenant information prior each occupancy of the building. 7his information to include the inte d use, nunber of enployees and gross s�uare footage of each type of usa e. g. offioe, warehouse, manufacturing. Gity appraval o� any proposed te nt is mntingent up�n suff icient �arking supply. Seo�nded b� �imcilman p�trick. Up�n a voice vote, all voting aye, Mayor Nee declared the otion aarried unanimously. �� i\ � i �� y i_ i. ��1l� �� • � �t � — t.� r S: ": � i ,� e_._�ii i ��i1��t� �i.;a � .�LS� ��' � �4; �I �iJ.� i':M� •�� *-- � M ��}i:__ � + 'J1� � �i`i��- ��*� � � � � ^�� •,� • � :3�� . f. : /�11_ � _ 4:� �.� ' � 7 J= �= ' • �__ � �l4� � -1a- • 1�. M!�� ._ • •:��•.: �+• • � : . Mr. F'lora, Public Works Director, stated three items are o�nnected with this request ior a special use permit. Ae stated the permit is to allo�w a c�aycare facility; to allaw parking lots for off-street parking sg�ces; and to allow a c1 inic. He stated the property involves the Friclley Assembly of God Church on Osborne Road, as we11 as two single family properties located off Osborne Road. He stated the North Suburban Hospital District is proposing to purchase the cfiurch and homes and convert the church into a clinic and daycare facility. Mr. FZora stated the wde requires 207 parking stalls and 185 will be inanediately provided with an option to install an additional 81 spaoes in the area of the sinqle family hanes, as needed. Mr. Flora stated the Planning Commission reoommended approval of this specia2 use permit, with 13 stipulations, which he outlined fran the minutes of the Planning Commission, Fages 9 and 10. He stated staff would reo�manend another stipulation be ack7ed that the tax paroels be cAmbined into one lot upon aoquisition to one vwrer. Mr. Buratti, Attorr�ey for North Suburban Hospital District, stated he talked to the City Assessor regarding the taxable status of the property. He stated whether the p�oprty be�mes taxable depends on haw it will eventually be used and the l�aas of the State. He stated if the property is used for medical and c�ycare purposes, it would be subject to real estate taxation. He stated if this whole plan was to be scrapped and the Hospital District made this Fart af the hospital wmplex, it would not be taxible. Mayor rlee stated the special use permit is for the c�y care and cl inic and asked Mr. Buratti if he agreed this would be a taxable use. Mr. Buratti stated his opinion is it would be taxable. Mr. Herrick, C�ty Attorrey, stated it would be his opinion this would be a taxable pieoe af Froperty, h3sed on this request. He stated he dic�'t have a strong oFanion, one way or the other, if the Council wished to add this item to the stipulations. Mr. Buratti stated he would 1 ike to request the Council waive the stip�il.ation for the bond. NDTION b� Cotmcilman Goodspeed to concur with the recommendation of the Planning Commission and grant special use permit, SP #86-15, with the follaaing stipulations: (1) A hard surfaae setback of 20 feet be provided fran the Osborrre R,aad right-of-way b� Juie 30, 1988; (2) A landscaping plan be �ravided to include berming and plantings to screen hard surfaoe areas, existing and proposed, and install appcaved plan by June 30, 1988; (3) An autanatic lawn sprinkling systen be pravided for all green areas tr� Jine 30, 1988; (�) A fenoed tot lot area, approximately 20 x 30 feet be provic3ed, with City appraved tot lot equignent Frior to c�ycare �arting; (5) Pathway to be installed frcm day care to tot Iot prior to daycare starting; (6) Concrete curb and gutter be praiided for hard surfaae areas and driveways, including a five foat setback fran building tr� Jtne 30, 1988; (7) Sealooat and restripe parking lot. and prwide required handic$pped stalls by Jt,aze 30, 1988; (8) Pravide ore-way directional sigzage where reeded tr� June 30, 1988; (9) Pravide an apFxaved danpster enclosure by Jime 30, 1988; (10) R�nove -11- 10Q 10E � �. YI � _ ►_ • � ��I �i' � • � � trailers fran property east of church at such t-ime that the church vacates the �roperty; (11) Pravide a drainage glan for ap�raval prior to Farking lot work; (12) �ao sing2e family i�cmes to the west � the churdl are incluc3ed in th i s spe ci al use perm it f or f ut ur e Fa rki ng only. �hese house s may be 1 ea sed as single family residenaes uitil such time as the CYty c�etermines the need for additional parking for clinic/day care use; and (13) Tax parcels be combined into one lot upon aoquisition to one aanership. Seoonded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � •� �. • • • ; �� 7• � : . � . �� -- - � _. . . � � �,� ; _ .: . ,��,� :_►t�_----- = ��; ��r Mr. Flora, Riblic Works Director, stated this is a reque for a lot split for a Faroel of Froperty between Woody Lar�e and Old Ce ral. He stated the petitioner is requesting to split this �sroel i.nto separate lots. Mr. Flora stated the Planning Commission remmanended a proval of this request with four stipulations, whidi he outliried. Mr. Qureshi, City Nlanager, stated there was a ainage Froblen geviously in this area and asked if the vonstruction of a hame would be affected. Ms. Lind, the petitioner, stated the pr lan was years a� and has been solved with the installation of a culve She stated they have no problen with standing water. rDTION b� �uncilman Schneider Planning Commission and grant 1 stipul.ations: (1) New structur average, 61 feet ptus or min prior to remrding; (3) Park e (4) Lot split to be recor d to ooncur with the recommendation of the � spl it, L. S. #86-06, with the follawing to meet City Coc3e for f ront yard setback six feet; (2) F�enoe and shed to be relocated e of $750 required with building permit; and at County within six months of Council appraval. Sec�nc3ed ky Co cilman Barnette. Up�n a voice vote, all voting aye, N�yor Nee declared e motion carried unanimously. E. NDTION b� O� ilman Fitz�atrick to set the public hearing on this vacation request for ober 20, 1986. Seoonded by Cbuncilman Schneider. Upon a voive vote all voting aye, Mayor Nee declared the motion carried unarumoiis . F. � ND b,� Ca�cilman Schneider to voncur with the reoommendation of the P anning Commission and instruct staff to prepare and process the -12- 11 NIXON 8t WHALEN, P.A. ATTORNEYS AT LAW 720 NORTHSTAR WEST SEVENTI�i & MARQUETTE MINNEAPOLIS, MINNESOTA 55402 MICHAEL M. WMALEN GHARLES T. NIXON March 17, 1988 Mr. James L. Robinson Community Development Director City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Re: 7365 East River Road Gerald r4. Sherer and Our File No. 990-01 Dear I�lr. Robinson: N. E. Burnetta L. Sherer i AREA GODE 612 332-1177 Pursuant to this afternoon's phone conversation, enclosed herewith are the following original documents: 1. Certified copy of Resolution No. 12-1984. 2. Instructions fron A.noka County Torrens Office. 3. Warranty Deed from Runz Oil Company to Gerald and Burnetta L. Sherer. As I explained, my clients, the Sherers, purchased the above referenced property from Runz Oil Company in July, 1987. Apparently, in 1984 the City of Fridley had approved splitting the original parcel into two separate lots. After the closing, the FTarranty Deed and Resolution were delivered to N:innesota Title for recording. On October 30, 1987, we received notice from Minnesota Title that the Torrens Office: 1) would not record the Resolution; and 2) needed City approval to the split stamped on the face of the Deed. We, of course, attempted to secure the appropriate stamp on the face of the Deed. Unfortunately, you informec3 me the City authorization contained in Resolution No. 12-1984 was only good for six months and had, in fact, expired before our closing. � 11A Mr. James L. Robinson Community Development Director City of Fridley Page 2 WIPqC1✓�, Accordingly, you agreecl to secure a new ' from � the City at its March 25, 1988 meeting. After the Reso�:��a�--. ynQ��yj has been approved, please stamp the Deed as required and return it to me in the enclosed self-addressed, stamped envelope. Thank you for your assistance ancl cooperation. Yours very truly, Michael M. Whalen MMW/cam Enclosures cc: Shari Garberg i vN� ,� 10 - � ~ (�` L� � ' .� �5`3 �.-�nR S - � - ,�s09 � ��`� .. o� � � .� � � �15 (koroD e�5�� 4 , ez�' � ��iK 4 •� "";'" _ � � 6 ; �l 3 � ^4 ;,c �, ,,� s 0 , . . o�� , . : . : _ : Sv8 � w ; . - �_=� �` ' � � � :-� . • 11 B� . ;> � �, Y , e' :� . y� +. Y ` , '- _.� , 1 �� . s � v ; .: _ ` . ` + ' � : a� 600) _,� � «-s , , �: �� c , : :� � � � �� y �; j-.�-- " - . � . . 'I'y:E , � � ,� ofo� ` (� � �, � " i' � �1� ' ; � ' � - �. � �, �� ,. 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Q �: •:':�::1 � � � : :��. , � � � -•, .9•��- � 1 `^ ''.��.. . � ri.2 t _ — _« � .; :. ;;�; :'� � -- � � .':�y�'• •�'' . � c.. • , �, , : w�� .:�� :•:��: � I � ty I �,�:•.:;::•:•:• I �-w� „q Sf'�.;::•;::::';:� � : � �° �� "� �:� PARCEL A i ��,� � ;�a N ;� AREA � 0•86 AC. � � 3 C�, I ` � 199. 5l I � �'; WESj' :: �� :.�:: � � :::.�.s:;�::::.� � � �. .Ni'�A�'. _ . _ . . �•I 42 ., �V „' . ' / . � _-r----- - : .�.: - •�: •.i :�� +�if�.� :��;. � W / : �!':; ... ;.� Q o � w �� :::.:; . PARCEL 8 AREA =1.00 pC. t �Ioa�f ga►cK Q�U1101N�i � o� - o �+ O � a 0 a � -� . o0 0 ��° � C 1`l�, ~1 ', � �� i � 1 L � N � �o S � o -+_ �• L N O M a i1 O I -o ,� o$ 'Q' N m � � � � � �� L � � ` 245 32 --� . wfsT , • ��Soulh /ine or �of 18, R��,�sed r�ud�for's Subd�visior� ._ 1�� 'i `� ' ��1 � I Scal 11D �r� o� L. S. #8�2-05 SrIPULATIONS 1. New performanoe bond be pravided or existing letter o� credit (55,000) be extended to cover completion of site improvenents which are to be �mpleted upon oc>mpletion of East River Road impravenents. 11��1 RESCLUT7AN N0. 12 - 1984 A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT� L.S. #82-05, `IU SPLIT LOT 18, AUDI�t'S SUBDIVISIOTI N0. 77. INT�O PARC�S A& B, �E SAME BEIl�IGG 7355 AtID 7365 FAS'P R1VER ROAD N. E. . WHERFAS, The City Council appraved a lot split at the April 18, 1983, meeting, ana WHEREAS, such apprwal was to split off Parcel B(lying southerly of a].ine parallel with anc7 distant 197.0 feet north of, as measured at a right angle to, the South line of said Lot 18) fran Parcel A, both in Lot 18, Auditor' s Subdivision No. 77, the same being 7355 and 7365 East River Road in Fridley 4iFi�, the City has received the required Certificate of Survey from Kunz Oil Ccmpany, ana VdHEREAS, such approval will allaw development of Parcel B as a local camrnercial business. NQr�, 'II�3F�tEFORE BE IT RESCGVID, that the City Council directs the County of Anoka to record this lot split within six months of this appraval or else such apprwal shall be null and void. pASSID AND ADOPTID BY 7�iE CITY 00[JNC?I� OF THE CITY OF FRIDLEY �IIS 23RD DAY OF JANCTARY, 1984. �� — � � � ti�. , �� -_- � W1I,LIAH1 J. 1` E- t9AYOR �+� � AT'I'�ST: �� = ------ SIDIVEY C(�"INf�9AN - CITY CLERK f 8. 9. ____ _ ,�.�' .�,F , .� �� rnrlt�,�^n� N�E'I'II� 4F OC'I�E�t 20. 1986 . ' �__ �- NL�TION by Counci Schneider to reoeive the minutes of the Charter pocnmission m�eting of 1►1ay 19, 1986. SecAndea bY O��cilman Barnette. Upon a voicv�te, all voting aye, Mayor Nee declared the motion carried �v�^�ERATTOAI 0�' RF �pPOR��T OF �rn' �I IT. L. S. �82-05 . KilPl� OIL S,�4MP�C� Mr. Robertson, C,ommunity Developnent Director, stated when the Qouncil appraved this lot split on April 18, 1983, there was wnfusion in cegard to the re�rding prooess and it was never reoorded at the County. He stated the petitioner is working with �rospective buyers and would like to reoord the lot sglit, therefore, reap�rwal is requestea b� the O��mcil. I�r. R�bertson stated in checking with the Anoka Q��mty Highway Departrnent, it is re�nunenc3ed there be a publ ic, rather than a pcivatQ, eas�nent. HpTipN b,� Councilman Fitzpatrick to reapprove this lot split, as wvered under Resolution No. 12-1984, and retain the public ease�nent. Ftirther, this property be posted to prohibit the sale of cars fran this paroel. Seoonded b� 0�►mcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. �, ' °T "�"' ''''�"n ��Y � �PAIR A� IMPROV� COMMON' S_P8� WAT�.R FIL�'_�?9N ��' AND �x.crr►Fr�nmrniv ��i iaiiirii�Riir n� CI�'Y MAI��R TO R--�T1�IN THE S�RVIG�S OF TKDA � p�pARF pI�NS A'� SPECIFICA�'IOI11S F�K � n��''u''1�N' S PA� WATER F�L�RA�Z4� �'�_ ' u was e red �'I�.IA on the Mr. Flora, Public Works Director, stated a st dy pe Pa reFeir and imZxavenents to the Common's Park Water TZeatment Plant. He r�vi�aed the five alternatives sukmitted and the est�nated oosts. He stated TKn�, as well as staff, would re�nanend Alternativ�e'No. 4 to c�nvert five of the seven filters in the axnmon's �rk Plant fo�mac�esium treatment of the four shallow wells, and the renaining two f' ters for iron removal for the c3eep wells. He stated this wou2d require me revalving, installation of green sand and polyphosphate and aera ' systems plus a:�ettlement basin for the backwash. Zt�e estimated st of repairs and improvements is approximately $800,000 and the ao to desigl and inspect the oonstruction is an additional $52,000. Mr. Flora stated it wo�so be appropriate to upgrade the entire plant during the repair include automation control and recordinf iritr unentation. ap�xoximatly $:� stated staff', Alternativ o. initia ted this oould result in an additional expense o ,000, for a total e�enditure estimated at $�,000,000. He reoommendation is to receive the TKDA report, adopt 4 and retain the secvives of TRUA so regair work could be ora stated this plant was desigied for iron ranaval of the deep wells -12- � :. �; � '/ a �rst Bank Minneapolis Mlei+�be� Frts� Bank SysMm FIRST NATIONAL BANK OF MINNEAPOLIS, P.O. BOX A1567, MINNEAPOLIS, MINNESOTA 55480 FIRST NATIONAL BANK OF MINNEAPOI.IS, Internationsl Bankirp Depertment, First Bank Place, P.O. Box A1567,Minneapolis,MN55480 Phone -612•370-4881 • Gble: FIRSTBANK, MPS • TeieJULY Z��6919��KFOREX, MPS • S.W.I.F,T.: FNBM US44 CITY OF FRZDLEY 6431 UNIVERSITY �V. NE FRIDLEY, MINNESOT?� 55432 g � C Z GENTLEMEN: Z �o RE: OUR IRREVOCABLE ST]iINDBY LETTER OF CREDIT N0. p < P,MOONT: OSD 5,000.00*** 70248 W (i � m WE HEREBY AUTHORIZE YOU TO DRAW ON OURSELVES AT SIGHT FOR ANY SUM OR SUMS > > EXCEEDING A TOTAL OF: ¢d Z� �'�T.'J�1i'1�,,,""'•': s ,�"'�� , ,.... W W .�w�MN � N. I�� w�.��......M � � � O FOR ACCODNT OF: JERRY'S FLOWER SHOP C LL 3300 LYNDALE PiV. N O � MINNEAPOLIS, MINNESOTA 55412 � W �,v-,� DRAFTS ON US AT SIGHT MUST BE P,CCOMPANIED BY BENEFICIARY'S SIGNED STATEMENT Q � (PURPORTEDLY SIGNED BY THE CITY CLERK) AS FOLLOWS: "JERRY'S FLOWER SHOP HAS d� NOT COMPLETED IMPROVEMENTS TO THE SITE AT 7365 E. RIVER ROAD, FRIDLEY, Z p MINNESOTA AS AGREED.' �� < Z THE DRAFTS DRAWN UNDER THIS CREDIT ARE TO BE ENDORSED HEREON AND MUST BEAR THE y� CLAUSE, "DRAWN UNDER FIRST NATIONAL BANK OF MINNEAPOLIS CREDIT N0. 70248 DATED � ? JULY 23, 1987.' i'a ¢� � � WE HEREBY AGREE WITH DRAWERS THAT DRAFTS AND DOCUMENTS AS SPECIFIED ABOVE WILL z w BE DULY HONORED UPON PRESENTATION AT FIRST NATION iO MINNEAPOLIS� MINNESOTA IF PRESENTED ON OR BEFO JULY TWENTY-THIRD, 1988. ►-p NEGOTIATION IS RESTRICTED TO FIRST NATIONA N F MINNEAPOLIS. O� W Q m LL 'a H y W L � � ~ p l�UTHOR D SIGNATURE o �, �Z �Z "o �; W � � � � F16•226 pRlGlrlAL FIRST NATIONAL BANK 0 � �LIS V— 1�.'1QS'`��? ` ��'G' �v THORIZ � G � ��d �ru ��v: ��BQ 11G 12 M1/ • �� _ �1 ' .._�I�1 �. �� 4�u • � u � �. u � �«t �Z�� CALL TO_.Qit'DER• Chairperson Betzold called the March 9, 1988, Planning Con�nission meeting to order at 7: 33 p. m � R(g�T. (`ATJ.; Members Present: Donald Betzold, D�vid Kondrick, Dean Saba, Alex Barna, Sue Sherek M�nbers Absent: Richard Svanda Others Present: Jim Robinson, Planning Coordinator Jock Robertson, (bmn�nity Developnent Director Dennis Schneider, City Co�s►cil Member Frank Kitterman, 7329 Mariner Drive, Maple Grwe Sandra S�de, 7329 Mariner Drive, N;aple Grove C�arles Canipbell, 1890 Tatun Street, St. Paul (See attached 1 ist ) APPRO�VAL OF FEB�FtL)ARY 10, 1988. PIANNING (1r1rM'1T�SION MINUi_'�: M�ION by Mr. ItQndrick, seoonded by Ms. Sherek, to apprave the Pebruary 10, 1988, Planning Conmission minutes as written IJPON A VOI(E VOI�, ALL VOTING AYE, Q�iAIRP'ERSCN BErZQ�D DEQ�ARED THE r90TION (�RFtIED U1�IIVIFI�IJSLY. �RT T!` i�[.`nDTW_. ap�TDERATION OF A SPECIAL USE PERMIT, SP #88-03. BY FRANK K ITTERI�N • Per Section 205.17.O1.C.2 0� the Fridley City Caae to allaw retail sales of r�bile hone and R.V. parts and aocessories; per Section 205.17.O1.C.11 of the Fridley City Code to allaw exterior storaqe of r�aterials and equipment on Lot 1, Block 1, Herwal Rioe Creek Terraae, thE same being 6400 Central Avenue N. E. �Q� by Mr. Kondrick, sev�nded by Mr. Saba, to waive the reading of the publ ic hearing notice and to open the publ ic hearir.g. Ui�ON A VOICE VCIt�, ALL VUrING AYE, CiiAIRPERSCN B��PLCLD UEQ,ARED THE N'ATION CARRIED UI�INi0U3,Y, AND THE HJBLIC HEARING C7�EhID AT 7: 35 P. M. Mr. Frbinson statea this property was located at 6400 Central Ave. ,��est of Central Ave. , and south of r9ississippi St. It was the prEVious Midwest Van & Storage property. The new owner proposes to use the property for an insuranoe re�i r business incluc3ing repai r to damayed homes due to f ire, storm damage, etc. Most of the repairs are c3one off the prenises. Mr. Robinson stated one special use permit was for attenoant gortions of the kwsiness which include retail sales of nobile horie and RV �►rts (also -1- e �� . ��N�V � \ u� .� �. � � �`M. 12A related to the insuranve business) and for a wholesale carpet busir�ess. The ather special use permit was for outside storage (a possible future use) for the possi4le sale of c�npers within the storage areas. Mr. Robinson stated the property Mras zoned M-1 (light industrial) and abuts R- 2(residential) on the west, C-2 (general v�mnercial) on the r�orth, anc3 (�t-1 (offioe%omunercial) on the south. Both immediate properties to the mrth and south are vacant. Mr. Robinson stated that in a�njtnction with the petition, staff has worked on a site plan imprwaYnent to bring the property into complianve with the Zoning Code. Staff was prop�sing to redesic� the parking lot so there is suff icient setback f run ric,fit-of-way for pl antings to screen the parking lot and also ac3ditional green spaoe on the south and north of the parking lot and in front af the building. A new deoorative fenoe would be placed along the eastern end of the storaye yarc3, and the other fence that was on the south and west would need refurbishing. Screening would be added where possible. Minimun screening would be like vine treatments. The overall appearanoe of the property would then be quite an improv�nent over what is there toc3ay. Mr. Robinson stated that in addition to the site work, Mr. Kitterman has devised a plan he is proposing to take to the HRA. This area is in a rE�developnent district. Part af the plan is for additional o�fioe space in the form of a solariun on the second floor which would extend out over a oover ed wal kway. A1 so, the whol e f ront of th e bu il di ng woul d be st uccoed and there would be detailing to acid some reoesses to the building and shadow lines, and treatment to the south edge af the building. New windows would be ac�ded and some additional greEn spaoe. Mr. Robinson stated they w�ere hoping there would he some major improvements to the property, both in appearanoe and nanagement. Mr. Robinson stated staff was rectirranending the follawing stipulations: 1. Redesic� �t,rking lat with ooncrete curb and gutter, striping and setlx�cks as indicated in City plan dated January 26, 1988. 2. Install at�tc�atic sprinkling, berming, and landscaping as ir_dicated on City pl«n dated January 26, 1988. 3. Install c'�o�rative fenoe along east of storaye yard as indic:ated on City glan dated January 26, 1988. 4. Refurbish north, s�uth, and west fenoe adding slats and vines as neec3ed and arpraved by staff. 5. S�ecial use for outside storage to be reviewed prior to such time - as owr�er initiates cam��er business or prior to t-iarrh 1989, whichever vomes first (special use permit lapses if rr�t used within one year). 6. Owner to work with City to ciesic}z an aooeptable building facade -2- _ e \�\� \. �� yly ��, v _� ,. V : f\«� �grading plan. 7. Noise to be managed to mi.nimize adverse impact on adjaoent property. 8. Storage area lighting should prwide for cvt-�f at property lire. 9. No storage will extend above the fenoe s� as to be visible fr�m outside of yard. 10. All landscaping and site work to be �mpleted by October 1, 1988. 11. A performanoe bond or letter o� credit for 520,000 to be sutmitted prior to taking oocupancy o� site. Mr. Aetzold stated that in the agenda the Co�nunissioners had reveived a copy of a letter dated Jan. 12, 1988, fram Lisa Campbell, Code, Enforcement Offioer, li�ting cade violations for Midwest Van & Storage. Will those violations be addressed by these stipulations? Mr. Robinson stated that, yes, those violations were addressed in the stipulations. The letter was included in the aoenda to show the Conanissimers what kind of o�c3e problens they have had with this property in the past. Mr. Betzold asked what was meant by stipulation �7: "Noise to be managed to minimize adverse imgact on adjaoent property." Mr. Fc��inson state6 that without being too quantitative, staff just wanted to make the petitioner a�ware that he is adjaoent to residential property ar�d that if there is any truck mavenent or fork lift activity in the yard, he should try to make sure the n�ise is not of a volwne or at a time when it would be a nuisance to the neighbors to the west. The petitioner has indicated there would be no problems like that, but staff just wanted to ea�ress that oonoern. Mr. Kitterman stated their k�usiness was 15 years old. They are currently located at 1539 Central Avenue in Minneapolis. �ie buildir.g has become too small, and they have to move up in size. They cater to the insurance industry, prut�arily as reconstruction people. They repair manufactured housir�g (ndbile homes). Mobile homes are repaired on s�.te, not on the pr�nises. 'I�Zey cb this by utilizing ]5 servioe trucks which go to the site wY;ere the mobile hane is located. They atso re�ir resiaential hovsing and carQnercial kuildings in the same mdnner. 71�eir larc,�est area of re�ir is in the church area. One of their largest customers is the Archdiocese of N.inneapolis/St. Paul. The Church Board takes up about 70� of their business. Mr. Kitterman stated that rnaintained on the premises for the use of manufactured housing was qome specialized material.s. An example would be 4 ft. wide by 14 ft. long ceiling panels for mobile homes which are ��navailable at retail stores. It is brou�t in frcr,i out of state and stored at their warehouse. He stated they can service a mobile home and -3- 12B 12C �� . �� M�V �\ V�� ,. V i U«T � manuf actured housing homeowners and do-it-yourselfers in the area by prwiding r�aterials and making the materials available on a retail level. Mr. Ritterman statec3 they cb have and have just initiated as of the first � the year a floor o�vering busiress which is cbne on a wholesale tx�sis only. The business is primarily the installation of all types of floor voverings for new wmnercial buildings. � Mr. Ititterman stated the warehouse at this location is divided into two specific areas: (1) The hic� oeiling �it would be used for storage of low c�ooc�--carpeting and racks where the fork lift oould operate; and (2) The laa ceil ing Lmit would be used for storage of equipment which goes on and off jobs tr� their service trucks. That type of equi�nent is primarily snaller aompressors, staple guns, wheelbarraws, carpet welders, etc. Mr. Kitterman stated they are looking forward to util iz ing this area. One of the things they want to cb for the City of Fridley is make the building desirable from the outwara appearance, as well as from the inside appearanoe. �e building, as it is now, is in pretty p�or �ndition. Mr. Baxna asked if the servioe vans would be kept in the outside storage area. Mr. Kitterman stated the servioe vans are not kept on the premises. The servioe people drive them to and f rom the job and f rom their homes. On occasion, a servioe txuck might have to oane in to exchange equipnent before c3e�arting for a job. Mr. Kittennan stated their hours of operation are 7: 30 a. m to 4:00 p. m Monday throuc� Friday. Mr. Kondrick asked if Mr. Kitterman had any problem with any of the stipu].ations outlined by staff. Mr. Kitterman �tated he thought the stipulations were f ai r and reasonatle. Tliey were not anything di£ferent frun what they are currently abiding by in the City of Mir�r�eapol is. He stated th�y took a building in Minneapol is very similar to this building and upgrac3ed it. 'Il�ey reoeived an award f rom the City of r,ir,nea�lis for the impravanent of that kuilding. Mr. Betzold stated that in hearing the nature o� the busirbess, haw much did Mr. Kittern�an rely cn salcs to the general �xablic? His reason for asking that questicm was he believed it was the long range plan of the City to close off some of the aocess to the area which might have an impact on Mr. Kitterm�'s business. r1r. Kitterman �tated last year their sales totaled a little aver $1 m,illion. OF that aa��ou�t, the retail sales were a�roximately 560,000. With this new facility, th�y wvuld be entarqing the store size, and he anticipated the sal es vol �me to cbuia]. e. Mr. Betzold asked how this location would affect the business as Mr. -4- 12D : �� . •� 4+y • � „1 _� �. v : :�!t - Ritterman was rot on a major thorougtLfare. Mr. Kitterman stated thei r bu.siness was operated by virtue of a mail er that is aent to 15,000 hcmeahmers, as well as advertised in the Yellow Pages. Sinoe it was a special ized parts busiryess, the people o�me to then. Peopl e cb not learn about then by drivin9 bi' the store. He stated there has been some discussion about the type of sicgiage that might be used, and the monunent-type sign would be quite moderate--corporate name and address--located out in f ront of the building. Mr. Betzold stateC the petitioner was asking essentially for two special u�se permits=one for outcbor storage and one for the sale of campers. What was the timing for the sale of campers? Mr. Kitterman stated that in oraer to make the mwe, they nee3 the special use permit for the retail area. Since they have no need for the large exterior yard that is wrrently asphalt oovered and fenced, their tbinking was that ric3ht along with their recreational vehicle sales, perhaps they aould use that exterior storage spaoe to its best benefit by selling campers to help sut�sidize the vost of maving to a larger area. Mr. Sab�a asked if there would be arn clisplay of campers out in front of the buil ding. Mr. Kitterman stated there would not. �hey don't want their customers who are v�ming to select carpet grades or to talk a�out reg�ir of their home or church to feel they are doing that at a camper sales area. �e camper sales area would be a minor portion of the business. The absolute purpose for redQing the faoe of the building was to iphold a niae appearanoe. Mr. Robinson stated sti�.ulation #9 stated: "No storage will extend above the fenoe so as to be visible frcr,i outsic3e the yard." Mr. Kitterman stated the recreational vehicle store would probably be open on SatL�rday mornings fran 8:00 a. m to 12:00 noon. Hawever, the o�ntracting portion of the tusiness would not be open on Saturday or S�nday. Mr. S�ta asked if in the future Mr. Kitterman would be storing any damaged vehicles in the storage yara for re�ir. Mr. Kittermun �tated, no, they will not !�e doing any on-site repair. All the work is done away fro�n the prani�es. However, if they do go into the c,arnper sales business, they will have to service those units. The work would not be cbne out in the yarc3 itself, but within the building in the shop area. Ms. Jody Bystsrcm, 6533 Lucia Lane, asked about vans aoming and going. Mr. Kitterman stated they have 15 servive vans. 7l�ey are snall vans. That day they only had three vans v�me in for supplies. OE the 15 service vans. the majority of the work is in churches, and the supplies r�ec3ed for re�airs in churrhes are prin�arily plaster ar�ci painting�type suppl ies. -5- 12E a _e.�� . ��V�Y �� V�..� 1. v:i`_«� � 1•] M��QN by Ms. Sherek, seo�nded by Mr. Sataa, to close the publ ic hearing. UPCX3 A VOICE VOl'E, ALL VUPING AYE, Q�IA7RP'F.RSCN BEIZCLD DECI,ARED THE PUBLIC HFARING Q�C�ID AT 8: 08 P. M. Mr. Sa1� stated he had no protalen with the special �e permits as requested. ZY,is was proh3bly a good use for the building and would certainly be a big impraver�Ent to the area. Mr. Kondrick agreed. Mr. Iietzold asked if the Comnission should defer the request for outside storage �ntil the appropriate time when Mr. Ritterman cbes need it. Mr. Kondrick stated he did not think so. Mr. Barna stated stipulation #5 stated that the special use pern�it lapsed in one year if it was not �sed. ��[ kh► Mr. Kondrick, sec�onded by Mr. SaL-�, to reoomnend to City Coimcil appraval of S�ecial Use Pennit, SP �88-03, by FYank Kitterman, per Section 205.17.O1.C.2 0� the Fridley City Code to allow retail sales of r,pbile hane and RV parts and accessories; per Section 205.17.O1.C.11 c� the Friclley City Coc3e to allaw exterior storage c� materials and equipnent on Lat 1, Block 1, Herwal Rioe Creek Terraoe, the same t�eing 6400 Central Avenue N. E. , with the follaaing stipulations: 1. Redesic� g�rking lat with vonerete curb and gutter, striping and setbacks as indicated on City plan dated Jan 26, 1988. 2. Inst al l aut or�ati c spr i nkl i.ng, Y�e rm ing, and 1 and� caping as indicated on City plan dated Jan. 26, 1988. 3. Install decnrative fenoe along east o� storage yard as indic;ated on City plan dated Jan. 26, 1988. 4. Returbish north, south and west fenoe adding slats and vires as needed and apprwed t�y staff. 5. �ecial use for outsicie storage to be reviewed prior to suc� time a� owner initiates camper business or prior to r3arch 1989 which- ev�r �mes first (special use pern�t lu�ses if not used within one year. 6. Owr�er to work with City to desic}Z an aooeptakale builGing facade t�qrading plan. 7. Noi�e to be manayed to minimize adverse imgact on adjaoerit property. 8. Storaye area lic3hting shoi�ld pravide for aitoff at property 1 iryes. 9. No storage will e�enc3 abave the fence so as to be visible from outsiae of yard. 10. All landscaping and site work to be oompleted by Oct. 1, 1988. 11. A perfornunoe bond or letter of crEdit for $20,000 to be suhnitted prior to taking occupancy of site. UPON A VOICE VC11'E, ALL VUrING AYE, Q�AIRPERSCN BEPLQ,D DEQ,ARED THE r10TI0N CAF2RIED U ' 'II�I�USLY. -6- _ � ►�►� �. ��4�V �t\ V� _� �. V e f`.«f Mr. Robinson statec3 this it�n would g� to City Coincil on April 4. COI`STDIItA't'ION OF A L� �L•T'�. L• S#88-01. BY GERAI� JQHI�S01�1s To split Lots 5 and 6, Lucia Lane Addition, in order to create three buildable lots, generally located at 1133- 1145 Mississippi Street N. E �Q�1 by Mr. itondrick, seo�nded by Mr. Barna, to waive the read�ng of the public hearing notioe and open the public hearing. iJPON A VOIC� VOTE, ALL VC1rING AXE, QiA7RPF.RS(�`1 BE�TZCLD DECLARED THE PUBLIC HEARING OPEN AT 8:13 P. M. Mr. Robinson stated this property was located just narth of Mississippi St. and east of Hiqhway 65. The petition was identical to one which the Planning Commisson reviewed in April 1984 and which the City Council a��praved in I�iay 1984. �e zoning was R-1, single fanil.y, and was surro�ded by single family. �e proposal was to take two lots, Lat 5 and Lot 6, which are now separate tax parcels and buildable lots, and subdivide them by spl itting off approximately 15 feet of the easterly portion of Lot 6 and adciing that to Lot 5, and then subdividing Lot 5 in such a way as to create Tract A and Tract B with aooess onto Lucia Lane. Lot 7 wvuld stay the same, and there was currently a purc�ase agreement on that lot. Mr. Robinson stated one of the previous lo�t split requests also included the back half of the northerly Lot 4. Since that time, they have been successful in reoombirung that portion of groperty with the original parent property so that pieve of landlocked property was no longer a problesn. So, the petitioner wus to take two lots and create three lots, k�hich was the same ��tition appraved in 1984. 7.�e lots do meet oode in ternns of lot area and lat width. Ir. fact, they exceed the lot area substantially. Mr. Robinson stated staff was reo�ranending the follawi.ng stipulations: l. Owner to supply a 15 foot bikeway/walkway easement on Mississippi Street fra;� Lucia Lane to Hic�hway 65. 2. A park fee o� 5750.00 each for Tract A and B be paid prior to issuance of building permits. 3. Driveway on Tract B to aooess Lucia Lane a�ly. 4. Driveway on kx�lanve of Lot 6 to be as far east as possible. 5. Owr�er is responsik�le to rntify prospective buyer o� possi�ile mec3ian on Mississippi Street which vould preclude easterly mwEmEnt f rcrt Lot 6 and 7. Mr. Fetzold stated that when the lat split is recorded at the County, ��as there any way of fil ing these stipulations along with it--to put the buyers on notiae that these things are going to be hap�ening? Mr. Robir.son stated they have al ready rx�tif ied the potential c�wner of Lot 7 -7- 12F 12G � .e,�� +. ��V�V �� V .� �. Vif«. about the median. He stated Charles Campbell, the property awner's agent, has indicated he a�uld put related language iryto the purchase agreenents for any prospective buyers rel ating to the ver�ter median on Mississippi Street. Mr. Robinson stated the Commission might want to oonsider a stipulation reoomner,ding that there be a driveway turnaround installed so vehicles do not have to back out onto Mississippi Street fran Lots 6 and 7. ,, Mr. Q�arles C.ampbell stated he was with Merrill Lynch and was representing Mr. Gerald Johnson on the sale of the property. He stated a n�.unber of ather real estate o�mFanies and developers have attempted to util ize this propert�. He stated they hacve advised Mr. Johnson that the best use and the easiest way to market this property wnuld be to go ahead with its intenc3ed use which was single family hanes. He had advised Mr. Johnson to go ahead with the lot spl it based on the market value and his investment in the property. Mr. Johnson has agreed with this and is motivated to sell the lc,ts and have hanes cvnstructed. Mr. Campbell stated they have mac3e an arrangement with Brancbn Construction to build to suit. They are advi�ing a walkout ramhler type of home in the 5100,000 prioe range. It is what they call a c�ost listing so there could be an adjustmerit in the lot or type of house that is huilt there, but they are trying to alert ruyers that this is the type of construction they see for these lots. �ey do have a purchase ayreenent on Lot 7, the lot closest to Hic�way 65. Zhe buyers for that lot have been in touch with Hir. lmbinson and he bel ievec3 they lanow about the st ipul ations and the proposed median. Mr. Campbell stated he had mentioned to Mr. Robinson before the meeting that the driveway �uld be further to the east on Lot 6. The median issue was relatively new to him, but he had no problem with it and will put a staternent to that effect in the advertising and can have a stipulation in the purc�-,ase av,re�nent if that is helpful. Mr. Betzold asked what Mr. Campbell thought about a driveway turnarounc3. Nir. (�n�phell statec� the buyer was satisfied with the deal he is getting on the lot, and he will know the location and the traff ic situation. Any further sti��ul.ations might make it a little harder to market the property, but he clid not see a big problem if the Commission wanted to make that �t igul. ation. Mr. �ta �tated he liked the stipulation for a turnaround becavse of the safety problc�ns which oould be cr�ted by cars t�acking out ento Mississippi Str eet. N��s. Jody Bystran, 6533 Lucia Lane N.E., stated there is a lot of on-street parking on Lucia LarYe whic� oontinues to be a problen. EWen with only two rew ciriveways exiting onto Lucia Lane, there was the potential for a lot more cars parking on the street. Had any thouoht been given to this prohl �n? Mr. F.�rna stated that the stanclard �de reruires an adequate paved driveway -8- a -i,�\� \. ��4�V �, V�_� ,. V�il�l• and cbuble car garage and a 35 ft. eetback f rom the street, which gives the potential for five cars to park on the lot. He stated the neighborhood oould always petition to have "no parking" sicy�s put up; but, of oourse, that would then apply to everybody including the neic�borhood. It seemed to be the general oonoens� of thos�e in the audience that single f am ily hous ing was what they hav e always wanted f or thi s pr ope r tX and wer e in agre�►ent with the lot spl it. ��T by Mr. Kondrick, seaonded by Mr. Barna, to reoomnend to City Council appr av al of Los Sgl it, L. S�88-01, by Ger al d Johnson, to spl it Lot s 5 and 6, Lucia Lane Addition, an orcler to create three buildable lots, generally located at 1133 - 1145 Mississippi Street N. E. with the following st ipul ati oris : 1. Owr�er to supply a 15 foot bikeway/walkway easement m Mississippi Street fran Lucia Lane to Hic�way 65. 2. A park fee o� 5750.00 each for Tract A and B be' paid prior to issuanoe of building permits. 3. Driveway on Tract B to aooess Lucia Lane only. 4. Driv�aay on t�lanoe of Lat 6 to be as far e+ast as possible. 5. Owr�er is responsible to notify prospective buyer of possible meciian on Mississippi Street which wuld preclude easterly mavanent f rcm Lot 6 and 7. The Conmissioners were in agreenent that a driveway turnaround was a good idea, but felt it was � to the new homeawners to make those decisia►s. iJPC)N A VOICE VCQ'E, ALL V�ING AYE� QiAIRPERSCN BETZQ,D AECLARED THE r]OTION CARRIED UNANIr1�USLY. 1Z�'Eri�' ��ARY �4. 1988. H(xJSING & REDEVEIAPMENP AtTrHORITY MI.1�T�F.&: M�ION by Mr. Sakx�, aeo�nded b� Mr. Kondrick, to reoeive the Jan. 14, 1988, Housing & Redev el opaent Aukhor i ty minut es. LI1�N A VOICE VOPE, ALL V�1NG AYE, Q�AIRPERSCN BETZCGD DEQ,ARED THE r]OTION (�1F�tR]ED UNAItiIl�10U5ZY. Ri�C'.EIjI� F�BRUARY 1. 1988. PARKS & RECREATION CQ[�'Q�iISSION MII�JI'F�: �UrION by Mr. K�ondrick, sea�nded tr� Ms. Sherek, to reaeive the Fteb. 1, 1988, Parks & Recreation Cor�unission minutes. UPON A VOICE VOl'E, ALL VUPING AYE. �IAIRPERSCN BETZQ,D UECT,ARED THE T10TION (�RRIE;D UNANIhYXl3.,Y. �FI�� FEB�RUARY 4. 1988, HIlt9AN RE.SOURCES QO[�M4ISSION MI1�TrES: MCmION by Ms. 5herek, seo�nded by Mr. Barna, to receive the Feb. 4, 1988, H�an Resouroes Comnission minutes. UPON A VOICE VO►I.�, ALL VC1I'ING AYE, Q�iAIRPERSCN BE'i'ZCGD DECLARED THE r10TION -9- 12H 121 d . e ��,� \. ��Y�V � 1 V) .�% �. V t i!«f - Q�RRIED U1�iIM7U3�Y. $ECEI��' FERu�,tnRV 16. ?.988. Eh��TR�I�*-"FI�*t T. OLIni�ITY CY1pM9ISSI0N_MII�EI�E$: MQ�Q�1 b� Ms. Barna, seo�nded by Mr. Saba► to receive the Feb. 16, 1988, Fhviranmental Quality Commission minutes. � iIPON A VOICE VOr!'E, ALL VUrING AYE, CHAgtPERSCI�1 BETZCLD DECLARED THE N94TION �RRIED UNF+NIND[)SLY. Mr. Robinson stated that on page 5 of the Fhvirormental Quality Commission minutes, the Conunission had made a mation revommending that the City ��nci1 support the proposed Comprehensive Waste Reduction & Recycling Act; that the City Council pass a resolution in support of the Cornprehensive Waste Rec�uction & Recycling Act; and forward the resolution to the EiPCA, Waste F�anagement Board, Metropolitan Co�ncil, Anoka (b�ty, a�d State legislators representing the City of Fridley. The Environmental Quality Conanission would 1 ike the Planning Conunission to ooncur with that re��endati�. Mr. Robinson stated there have been public hearings on the bill and most of the c�rbside haulers are oppQSed to it. Super C�c1e was vehenently opposed to it. �ey feel they are d�ing a g�od job and are follawing the initiative put out b� Metropol itan Coincil and f eel the bil l is detr imental to what they are trying to achieve throuc� curbside recycling. Mr. Robinson stated they have been looking at bins for curbside recycling. It has been praven that bins increase �rticipation dramatically. Fridley has gbne to bi-�rc�nthly pickups, but it still has not increased participation very �ruch. The bigaest probl�n seemed to be the 2ack of a distinction between recycling and c�arbage placed at the curb. Tl�e bins are a strong visual cue to people to recycle and might help increase participation. Ms. Sherek stated she agreed that c�arbage piekup had to cp hand in hand with recycling. People just do not get into a oonsistent ��attern of putting out recycl abl es. Mr. � stated he thouajlt bins were an interesting idea. Maybe the FJQC o�uld look irito this and c�ome up with something similar to what r.inneapol is is doing in their cam��aiyn promotion, maybe even get together with M.ir;neaFnlis and other cona�uu�zties and make it a metro-wi6e effort. M.aybe the aosts for bins would be much c�eaper when purchased in larqe vol�mes. Ms. Sherek asked if businesses in the oonvntnity recycle. Does Super C�icle pick up recycl�les frcm busines:�es in Fridley? Mr. Robertson stated the Chamber of Commerce Board has talked about or�anizing recycling. ZY:ere is a lat aF interest on the part of building owners in orqanizing it kecat�se there is a real vost savings in rea'ucir,g the �notsit o� ��per that has to be hauled away. �Q�1 b� N,r. Kondrick, sev�nded by Ms. Saba� to ooncur with the motior� macie by the F�:viranmental Quality Conanission to reo�rrar+end that the City Council -10- 12J i\�� \. ��V�V �i� V� .�} �. V e fM• sup�rt the proposed Comprehensive Waste Reduction & Recycl ing Act; that City Council pass a resolution in support of the Comprehensive Waste Reduction & Recycling Act; and forward the resolution to the I�CA, the Waste Management Board, Metropolitan Coi,ncil, Anoka Gbtalty, and State legislators representing the City of Fridley. iJPON A VOICE VOl'E, AI�L VUr]NG AYE, Q�AIRP'ERSQV BETLCLD DEQ,ARED �HE MOTION Q�RRIED UNAri7M)U3,Y. UYel;�' �� l. National (Z1BG Week Mr. RQbinson stated that April 2-9, 1988, has been designated as National CDBG Week by the National Association of Housing & Rec3evelopnent Officials (I�HRO). '12ie purpose of the week is to pronote the CDBG program as a vital resource in the development and redeveloFment of our o�irun�ities. 7he program has been cvt drastically in the past few years, about 44$ sinoe 1981, and the outlook for FY 1989 is doubtf ul with both the White House and the Off ice of Management and Budoet calling for further cvts. Ms. 5herek stated that an article that caught her eye recently in the Fridley Fbcus was that the Association for Retarded Citizens received block grant nonies frcm four different m�nicipalities last year to start a toy lending library, and ARC credited the CDBG's of the cities fran which they reaeived the morrey. M�. Sherek stated they might ask Bill Hunt that in publishing I iterature, he ask Anoka Cot.nty Q4P and the clifferent organizations that the City supp�rt� to acknowledge C�G monies as being a�rtion of their f�nding. 'Il�e sane thing oould apply when they are using CDBG monies to acx?uire Riverview Heights Froperties or anything else. Any sic�age there sho«ld ackno��ledge CI�BG r.ionies the same as the ardiitect, t�e HRA, or anyone else are acknowledged. rL. Sherek stated that right now they will be making the grants for 1989. �hose peo�le are still in oontact with people in City Hall for the 1988 grant monies beca�e they have to give proof of expenditures, etc. W!-�en �orrantnicating with tr,ese people aver the expenc3itures, etc. , city staff :hould make the suggestion that any siynage or brochures �ublished credit Q)BG fu�ds as a qouroe of fu�ding. Mr. Robinson stated that maybe hunan servive organizations' C�BG fu�c3ing could be included as �rt of a F�etition that would be sent to senators and representatives. MQ�� by Ms. Sherek, seoc�ncied b� Mr. B�xna, to reo�monend that the City partici�te in National (�BG Week, April 2-9, 1988, and that CDBG monies visikaly spent in the City af Fridley be reeognizeci and iclentified as such. -11- .i 1�,� +. ��V�V � � V� .4T \. V e i!«S - UPC)N A VOICE VOI£, ALL VOTING AYE, (�JAIRPERSOiN BETZC�D DE(ZARED THE N1�TION Q�RRIED UI�NIl�'CXJ3�Y. :�,�.)��u��+y M�Z4N tr� Mr. a voioe vote, 1988, Planning Kondrick, seoonded tr� Mr. Saba, to adjourn the meeting. Ugon all vating aye, (�airperson Betzold declared the March 9, Commission meeting adjourned at 9:00 p.m Respectfully subnitted, _q `��? , �1 1 {.�f �.� L Sa�i Reo�rding Secretary -12- 12K �vrza� r�. - �88 � A RFSC[,UTION APPRCNING A SOBDIVISION, LOr SPLIT, L. S. #88'-Ol, ZO SPLIT LOTS 5 AND 6, LOQA LANE ADDITION, IN Q20Ht TO a2F�E � BLTII,OABI.E IAIS� C�RAIZ,Y LO(ATED �P 1133 - 1145 I�SSIS'SIPPI SIIZEEr N. B. WHII2EAS, the City Cotncil approved a lot spl it at the . 1988 meeting, and the Planning Cammission stipulations attadzed as e�ibit A; and WHFREAS, such apprwal was to spl it Lots 5 and 6, Lucia Lane Addition, in order to create three buildable lots, generally located at 1133 - 1145 Mississippi Street N. E. ; and WHIIZFAS, the City has reoeived the required Certificate of Survey from the aar�e r ; and WHFREAS, such appraval will create three buildable lo�s. NCW, g?II2EE�ORE, BE IT RFSCGVID that the City Co�cil di rects the petitioner to reoord this lat split at Anoka Co�ty within six months of this approval or else such appraval shall be null and void. PA.SSID AND AD�FrED BY THE QTY �UNCIL OF THE QTY OF FRII�EY THIS DAY OF , 1988 WII.,L I'AM J. I�E - I+'�YOR ATTEST: 3�IRLEY A. HAAPALA - CITY CLF�iK 12L 12M L S #88-01 Ca�• • � �• �:!,I 3�IPf)I�ATIQI.S EXHIBIT A. � l. Owner to supply a 15 foot bikeway/walkway easement on Mississippi Street f ran Lucia Lane to Hic�way 65. 2. A park fee o� 5750.00 each for Tract A and B be paid prior to issuanoe o� building permits. 3. Driveway on Tract B to a�cess Lucia Lane only. 4. Driveway on balanoe o�" Lat 6 to be as far e+ast as possible. 5. Owner is responsihle to rntify prospective buyer of possible median on Mississippi Street which vould preclude easterly mavenent fran Lot 6 and 7. L.s. �tss-o� 12N Gerald Johnson L4CATION MAP L. S. IF 88-01 1 ZO Gerald Johnson . � � � � * . « � € � �!� �w� � t�� t � �' � ' • �� '�= �p -..:. , - ., w s Mw� w� �� [ o � � .� t ��5 . i�,=� � �� : � � � '" K-" z � ss.`- ':�•�ia �-td ~ ! w .. _ f m„ � i�� r=;= tc�� rsr .. * "' � w'+'' s =•✓ i� _�$ � g i M Y O � � �N� � � � �� '� a 3�;�� ;�� #a� r � � ..�g..�=� �� '� � � � �s�� r �o�� . -:o _ _r-------- � W � . � o � .� ; � n u � , � Z � � ~ � � �" � O I � . . � � M.S1.S0.0 S � � � - O'06 - _ ,, :� � ---- — � . � W I � • 0 �� o ' � W O � '� N �� u , Z a I � � � � F- � j o � 2 � I — li� — — — ' O_06 � . 3Nd� � _c.. i � _o � — o•os � — .di�n� rutioN - 0��2 - ', 59 'ON AdMHJIH �Nflal 31d1S . i .� � � � 2 � N � N r � 0 � u : 0 � � . O Z . _ • Q � V v/ � W � � � � a ` � � � � � � S ITE PLA N � � .\ 0 STATE �JF MINNESOTA CITY OF FRIDLEY In the Matter of a Lot Split L.S. #84-03 CITY COUNCIL PROCEEDINGS. Gerald B. Johnson & Mildrid He�n��er � � 12P �� _':_1 PLAT/LOT SPLIT The above entitled matter came before the City Council of the City of Fridley and was heard on the ��i�;;7�� , day of Ma�r � 1984, on a petition for a plat pursuant to t--fie City of FridTey �s att�ng Ordinance, for the following described property: West 1/2 of Lot 4, and all of Lots 5, 6, and 7 IT IS ORDERED that a plat be granted as upon the following conditions or reasons: This lot split granted at City Council meeting of I�ay 7, 1984 minutes attached STATE OF MINNESOTA ) COUNTY OF ANOKA ) 55. CITY OF FRIDLEY ) pFFICE OF THE CITY CLERK I, Sidney C. Inman, City Clerk for the City of Fridley with an in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a plat with the original record thereof preserved in rtly office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed rt�y hand at the `C'�ty of Fridley, Minnesota, in the County of Anoka on the /�,�- day of ��cJ , 19 �s:' DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 � SIDNEY INNIAN� �Ci CLERK ' ! ,h .�,'�r6.; u. ' `; •' ,` `` .y{�- _ ; - _r� _ , �a�'r `'� _ (SEA.L')', ' �.��•• ,- `: � .... . ��-Y . . - o 0 �� 1►. 1 rl�l��l�. � r :_ 5. 6. 7. the existing garage on Lot 6 is to be removed. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Barnette to table t s appointment. Seconded by Councilman Aamernik. Upon a voice vote, wting aye, l4ayor Nee declared the motion carried unaninbusly. ��. �►�x, • � • ::�s- �►. M�'TIpN by Gouncilman H ordinance upon first i voice vote, all voti unanimously. � � yc ��. ��ik to waive the first reading and approve the .ng. Seconded by Councilman Schneider. Upon a aye, Mayor Nee declared the motion carried � •�,� _ • M�� MOTION by Co cilman Schneider to waive the first reading and approve the ordinance n first reading. Secondec] bY Cvuncilman Fitzpatrick. Upon a voice vot, , all voting aye, Mayor Nee declared the motion carried a : 3«�i� �!�'��►�►`��► ei!� ��iJl-`,�71�:��JN►1��!!?��1�.��.��•rs�.•r _R/ � � ?� �� • 1 ,� M�� L. i � : • �/ ; ►i� � • �� \�� _ � i i \I � �lt • � \�,� M�i «� � �I� t /1� �i` �� /\ : i \� i �� M � • YY► '� '�\ a' � �� •� � 7 • • • � ' • _ ' • • • • ' ' • • • • • - • - ' ' • • • • ' • • • ' • ' • • • � • ' ' ' � Mr. Flora stated the Planning Canmission recommended approval of the lot split, prwiding a 15 foot bikeway/Mralkway easement on Mississippi Street, and that the clerical error be corrected to ref lect that the 20 feet from Lot 6 adaed to Lot 5 be changed to 15 feet and a corrected�document suixnitted to the Council with the recarQr�endation that the frontage on Tract A be changed frocn 90 fet to 85 feet, adding five feet to Tract B. Mr. Flora stated the above corrections recommended by the Planning Carmission have been macie an the Council's oopies. Mr. Mark Haggerty, representing the developer, stateci residents in this area were concerned about traffic on Lucia Lane. He felt this plan provides an -6- 12Q � � � � ��. 1►, �I�I�yi►. � r : � economically feasible solution for four residential lots. Councilman Sc,hneider clarified their intention to build four single family hanes on Tract A, B, C ana Lot 7. Mr. Russell Burris, 1150 Mississippi Street, stated if four single family hanes are built on this property, he would be happy as that is what the neighborhood wanted for the last 30 years. r if he knew of lans to come back CounciLran Sd�neider asked Mr. Hagge ty �Y P for other permits. Mr. Haggerty stated if this is apprwed, he was assured by the awners they will be putting up single family homes. I�TION by Councilman Schneider to approve Lot Split, LS #84-03 with the follawing stipulations: (1) a park fee of 51,500 be �id; and (2) a�5 foot bikeway/walkway easement on tracks B and Q and Lot 7 be provided along Mississippi Street. Seoonded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declare+d the motion carried unanimously. 4}r �:�� .l 1k; ► : ?� � 1:�M>. �� vi �.� v �. �4?'- � : �: : �1��i�1��i�,. • � ��► .l :r: ► �:�I !� � 1�� ►. • •� :_ i hi�. Mr. Peter Treuenfels, representing the Hunan Resources Comm' ion, stated the total funding recar�nended was 517,000 which was broke as follows: SACA, 55,000; Central Center for Family Resources, $3, ; Anoka County CAP, � $4,150; and Senior Citizens Center, $4,150. MOTION by Councilman Schneider to concur wit the recommendation of the H�ar�an Resources Carunission to make a$17,00 location from CDBG funds as follaws: SACA, 55,000; Central Center f Family Resources $3,700; Anoka County CAP, $4,150; and Senior Cit' ens Center, $4,150. Seconded by Councilman Barnette. Upon a voice te, all voting aye, Mayor Nee declared the motion carried unanimously. 8C. 1. Mr. Flora, Publ' Works Director, stated this is a request for a variance to increase the 'ze of a sign located at Target. He stated the gas station on this propert is leased to Citgo and they have requested a separate pylon sign and� e code limits the signs to one per development and Target ccarrently as a si� on this parcel. Mr lvia stated because o�f the distance irrvolved, staff does not have any jection to a separate pylon sign for the Citgo operation. He stated the ardship is Citgo is leasing the gas station from Target and they need exposure to Hic�way 65. 7- 12R �� • �. , � . . ,7. R'BSCGUi'I�I PC�t 7�E CITY OF FRII]LEY QO1�RffiIIdSIVE W� I7H7[J(TION AI�ID RDCYrLII� A(T OF 1988 WHFRF.AS, The City has reviewed the Coanprehensive Waste Reduction and Recycl ing Act of 1988; and WHFREAS, this Act shall pravide every citizen in the State of Minnesota an opport�nity to recycle; and WI�.�2REAS, this Act shall reduoe the amo�.mt o� waste generated and disposed of in the State; and WHFRFAS, this Act will increase the rate and amoLmt � waste recycled in the State; and WHIItEAS, this Act shall establ ish a Recycl ing Initi ative Fund through the creation of a Recyrling Deposit and a Waste Reduction Initiative Fee; and WHgtFAS, this Act shall strengthen and generate markets for recyclables in the State; and WHFREAS, this Act shall ensure and prano�e citizen awaren�ess of recycling; and WHIIZEAS, this Act will strengthen and support the waste reduction and recyrling efforts of the City of Fridley. NCW, �IIItEFURE, BE IT RLSCLVID that the City of Fridley hereby supports the adoption of the Comprehensive Waste Reduction and Recycling Act c� 1988. A'�SSID AI�ID AD�FPED BY THE QTY OGUNQL OF TfiE QTY OF FRIULEY THIS I]i�Y OF , 1988. WII,L IAM J. I�E — N�.YUR AZTEST: 3�iIRLEY A. HAAAALA — CITY CLERK 12S � � PLANNING DIVISION � MEM4RANDUM unroF � FRIDLEY , Zp: Jock Robertson, Oanmtnity Developnent Director City Gbuicil M�nbers FROM: Lisa (�mgbell, Planning Associate L�ATE s Marcfi 24, 1988 RDGARDING: Update on the ��ensive Waste Reduction and Recycling Act 1988 �e Mirmesota Waste Management Board and the Minnesota Pollution Control Agency proposed to the wrrent session of the State Legislatuxe for adoption the Comprehensive Waste Reduction and Recycl ing Act 1988. The proposed legislation was an attempt to address the lag in development of waste re�ction and recycling programs behind the developnent of waste-to-energy incinerators, sinoe the passage of the Waste Management A�,t 1988. As originally proposed, the Act inclu3ed several pravisi�s and prohibitions which its authors belicved would increase waste reduction and recycling in Mirmesota. �ese were: 1. Pravides every Mimesotan the o�p�rtuiity to recycle a portion of their wastes throuc� souroe separation. Recycling deposit as�ures a base level opp�rttnity to all citizens. fbunties are resp�nsible for assuring that the opportunity to recycle is pravided to the residential and commercial sectors. By 1990, �muiities with a p�pulation of 5,000 or more shall grwide a recycling oollection system for three materials. By 1990, all first class cities and Metro Area vommtnities with a population of 5,000 or more shall implenent, at minimun, a onoe a mor�th curbside collection of at least three materials. By 1992, all second class cities shall of f er the same se rv ice. 2. Estahlishes a minimun refindab�le recycling deposit value o� ten cents on nonrefillahle beverage aontainers (throwaway) that contain beer, soft drinks, wine voolers and ather carbonated beverages. The distributor will charge the deposit ai products sold to the retailer, who in turn will charge the deposit to the oonsuner. �e deposit will be ref�nded to the oonsuQner upon demand at local recycling and redemption centers, participating retail stores (retailers have an automatic exemption for handling returned containers) or reverse vending machines. Those handling returned oontainers will receive a two oent handling fee per oontair�er. 12T 12U Memo to Jock Robertson and City Co�ci1 M�nbers Page 3 Re: Update az the Comprehensive Waste Reduction and Recycl ing Act 1988 March 24, 1988 The renaining pravisions include a statement that every Minnesotan should have the apportunity to recycle, but there is no mandate; the Statewide I�icipal Solid Waste Goanp�sition study, the prohibitions oontained under item seven; and a statement that the plastics oontainer industry will work with the I� to develop a resin o�nterit label. �he attached resolution supports the leqislations as originally proposed. Coimcil may act to pass this resolution with a clear statement that it supports the original draf t of the Bill. Council may wish to amend this resoluticn to delete those items that the 5tate Legislation has deleted and pass a resolution supporting the current draft � the Bill. (b�mcil may wish to amend this resolution to delete those items that are of ooncern to the City of Fridley. Staff reaommencZs that Co�.nci1 �ss the resolution with an amenc3ment to delete the recycling deposit on unrefillable beverage oontair�ers. A deposit would reduoe the tonnages recycled throuc�i the City's sg�nsored curkaside recycling prograQn. 'Ibis would in turn reduce the funds reoeived f rcm Anoka Couzty and create inneeded instabil ity in the operation of the curbsic3e prograQn. LC:ls Attac�. I� 88-67 12V Me�no to Jock Robertson and City Council Members Page 2' Re: Update on the C�nprehensive Waste Reduction and Recycling Act 1988 March 24, 1988 3. A Waste Reduction Initiative Fee of one cent will be assessed at the wholesale level on all packaged proc�cts with the ex�►ption of food itens and prescription/over-the-oo�ter medications. Fast food packaging such as styrofoam burger pods and cups will be assessed the fee. If the packaging material is both made � recycled material and recycl�ble, the wholesaler may apgly for an e�emption fran the fee. 4. A Recycling Initiatives F1,md will be created with the revenue oollected fran the Waste Reduction Initiative Fee and unredeemed deposits. The Flmd witl distribute grants and laans to oo�ties, cities, and businesses for waste reduction, recycling, public waste education and market development programs. Financial and technical assistance will be pravided to assist existing recycling programs. Each Minnesota county will reveive a direct appropriati� so that expanded recycling activities can be gl anried and imgl enented. 5. A statewide mixed municipal solid waste composition study will be o�mpleted and mix�imun recycling levels will be set for at least paper, glass, aluninun, steel and plastic within the residential, commercial, industrial, and institutional sectors. Separate levels may be estalalished for the Metrop�litan Area and Greater Minnesota. If these levels are not met by J�e 30, 1994, additional requirenents or mandatory measures may be imglenented. 6. All glastic a�ritai.ners must be labeled to ideritify their resin content. The iritent of this section is to aid the recycling prooessor and informed consuners in the identif ication of resin categories, thus improv ing the glastic recycling'system. 7. Several prohibitions are enacted. In regard to products, nondegradable plastic six-pack ring oonnectors are prohibited, as are oontainers made of glastic and metal (i. e. , the plastic can) and food packaging mac3e with polyvinyl chloride �VC). The landfilling of yard waste is prohibited by I992 (by 1990 in the Metropol.itan Area). 8. �nactmerYt o�f the Waste Reduction Initiative Fee will follow six months after passage. 7�e o�ntainer deposit provision engages one year after passage. Rul�naking, reporting, technical and financial assistance begins iTrar►ediately. At this date, March 23, 198�, the Act ha� been through the House and Senate Conur�nittees to negotiate the differences between the two versios of the proposed Act. Zhe Act has .been �nended to delete the following: Mandatory Curbside Recycling; the Minimlun Refundable Recycling Deposit; the Waste Rec�.iction Initiative F'ee; the Recycling Initiatives F1and; and the requirenent that all glastic oontainers mu�st be labeled to identify their resin �ontent. / � �� PLANNING DIVISI�N MEMORANDUM CITYOF FRIDLEY MENb ZU: Jock Robertson, Cortunu�ity Developnent Director % City Cotmcil I�MD FROM: Jim Robinson, Planning CoordinatorJ� l��t+n L�'E: March 23, 1988 R�ARDING: Riverview Heic�ts H�ger Aoquisition The City Coimcil desic�ated 567,000 o� the 1987 Comn�.nity Development Block Grant (CDBG) f�ncts for the aoquisition of the Steven H�ger residence in the Riverview Heic�ts flooc�lain at 7870 Apex Lane N. E. We have rnw determined fair market value throuc� a primary and review appraisal. 'Ilie value indicated as fair market value for the H�ger residenoe is 554,000. Atthough this value cbes not fully take into aocotnt the negative aspects of the property's location in the floodplain, it is the value in �e and is oonsisterit with the H�a-iger's investment in the property. In addition to the avquisition v�st, there will also be expenses for relocation and mwing (as required by Federal law) relocation consultant expenses. The total budget for aoquisition and relocation is as follaws: Acquisition, Hunger residenae. . . $54,000 Relocati� . . . . . . . . . . . 51,5,000 (maximun) Moving Expenses . . . . . . . . . S 2,768 Relocation Consultant . . . . . . S 2,40Q Roquisition two vacant lots ... S 500 579,168 The taalanoe in our 1987 Riverview Aeights budcjet (567,000) will cover all but 57,668 of the aoquisition and relocation o�sts. In orcler to make L� this deficit, it would be p�ssible to transf er monies f rc,m the 1987 CDBG funds f rom the 1987 Corrmercial F,ehab f�nd. �he City n�ay transfer � to 25$ of any activities budget without holding a public hearing. Presently there is 532,726 in the Commercial Rehab fuid, 25� of this would be 58,181.50. Request that Coulcil reallocate 1987 CDBG Cbmmercial Rehab. funds in the amount of 58,18I.50 in order to fund the shortfall for aoquisition/relocation of the Hulger residenoe and the two adjacent vacar�t lots. Recall that the 1988 mBG budqet includes 566,959 for the purchase and relocation of the Morin residenoe. Upon appraval by the Cotmty in July w�e will begin efforts to ac�quire th� Nbrin residence. Once both the rlorin and Hunger residences are avquired, only two houses will renain 13 In vooperation with the �hgineering staff, we are presently working on plans and estimates to retrof it the Findell house which was purchased last year. Zlie Findell •__ house has sic�if icant architeetural and historie c}�aracter and has been recnrr�nencied ' by the Parks anc3 Recreation and Planning Commissions to be redesigned as a park shelter maintaining some of the brick and fieldstone masonry work. Once we� riave , estir,�ates to do this work, we will be returning to the City Co�mcil with a proposal � for this impravanent which may invalve a further reuse o� the Coa�unercial Rehab f�nd at that �ime. JI,R/c�n I� 38-59 � � . y � � 1 p _ _..,,�.. -- 1' - �`�� , � ,, ,. � ,�,,, T-� � �� ST � � ` r ! 6 ' £E ' "� e � A� ' 1 � R .'� ' � i� � s . . �� ,�,� ''� ,� :, �� G �l, .., �� ,: (az�� °� :•'-'�,;� �� •:� � � ,, . . , • �� — :.». , s �. ,� �L ' ., . . �1 � � . / t ) � I' ' • •'` _ •'' •� r — � /� � �i �� % � � '��' � in ; �',I 3 ; ' 1 t 7 i � .r i, � � ', �-. `Q�j � � ( �, ,`� ''i; � -o Z � , �� t � � ': `O/ O� � > /� i! i� l i 1C .i .�� .��i °•'1► \ � '" G •/ y l. r� ;,r - le. �:: � t'� 1�, ,� � =�. __}:_ �;Q'•.�r �I G]• �. L-�NGFE ' ° ' �_';'� ;� ,� . ET �, �' •�� " LLOW : . � f � '� (� �� i .. � � s „,� - _ � , . � , , ;� _ ^ �;�,��`! �r— .—..._�► � ., • . r' O �� t �� =� ��•�f •� ! � � ,$ LF � •L� ... ,� . . � 1/ '` f i /( d � J G % ij ' (! � G � V A ,, _ ��', e� :. � � - � , . x � =• =� '� ti -r . �i r- , ,, ,: :, _ > I ;,,, •. -• ,. •. ,. .,. .. ,'. .. _;� .� 5 . , ,. .. ' .. p ;� >� ;. :.� � � _ = ., . �, .� ' � � � „ �, �. r A 6 1 [ � �. f , / ir � � � � � , •,� o: t �_ , y�l) � . ' _ ' ^ \ • i � �' ii .'� /� i �. i ,� f .. .� � f � . , . !e . , .,. �. .� -.s _ � � f s' ,� „ a� '' � o . a.. �� ., . � •f � �,� ` � � .� '� ' ` ,� � — "r • :. jO P��cM O i. .... 9� F� C �w1 � . „ • I y1. . '':� �� s� . ' � '� � •'•:.J,. /�: _) I � r � � � 1�„Ar'• , ,/�K• ..• • � . � i V� ') � Vro�l .:�., ,:;.� � .� � �' i r :� C rj��!j 1' �•{/�. � � , � W • �� 'r� � ~ :�'� �iK�. �.�/! .��v�i i . t � P�ra�l• � .� .i�� •i �`� � •v� �+..�'. � ,�` \ ` ;, ., 6��` `�1 �` � ' ,r' .�� (�, ,,� ;;� f • '�. '�.`� G',,' ►iro�l'e ' �� ,� � :' -y. �� , €:� �� _ � �� f. �`� l�� ,...... . . . . `� 4.:} ... Mc .... `� : ! � �� Y` l�>J . • v,r \ ' rcN ' �� ra.�. �� <O � ��:Y �• � � �� !, ' A ,� �, -� cv 1 r � , ..� �3 s �,�} , �� ,\ �p� _ � � .i� '� ;.:� <• � � :� �� • : . � '•� ..� �` Q Q ' 1 •i• ' �. yy�� y `• �� ^ � ; �'�/�r� `�'� � �, ��/`� e ' � �..Oi'Yl� \ '��, ' �,; �N� ' . :. '� • , �1� � J! � � s J . I�� ' . ':1j ' ` � `�; `+,�. = �a i.:•. � � ,+�'��r ' � i °'s, � `' ' ' �''� �;} , 6VjD� �t� '' ' �°�� a+ ' � , .� � !"� ",� ��',�. ��G � �• - �'�e '� • � ' ' P�c.Gig�)�9•��J• � � � • �' ' �• r (•')� L • . ,9 �n � '� .�` �, ,, � � .�'�' _ _ ��z ' I ��9 1 �� , \ . .,. �, � .� �''+ � �, - t- � n �: �'- , • .\�� •-�e 1 ° �"•.'� �`;� � "�''r � '�, �~� � •. `� • �,vP; = v5e� 1988 CD8�1 � �; � � . ".. �C. • .. � ' � � 0 �_`'� '` � �'''' � �. � (�i) w I K E Y ' � � � �: �-�.,� , �� . ` ,4C • �,�: �� .. �,;�_ r:,jo ..: : . � F � P�eviousty Acqulrod `�. ��; ` ' .. �, y �, ' Property �- �,-.��'� �; �' � , •• � • s.; '� ,� � :�:�: Proposed Acquisitlons �\, � N, � \ \� �► ..� ('�) • � City Park Propsrty � � . �`� �. � � � ' ��" ��•' CA) � � � , . :� , Scale 1" = 200' .Gj C;� �� • ' . . \ . � � t., �''> � � �::� G, I . � ..� . , ` � �� -/ North \�� ,� � nC'� ' �-, � � \ �' � ,� _.�,� _ _ , _ . . , 14 CITY C1F' FRIDLEY Q�AR'I�R GC)NMIS.SIO[�I MEETING, JANt�1RY 25, 1988 C�I,L TO ORDER: Chairperson Hendley called the January 25, 1988, Charter QaYmission meeting to order at 7:30 p.m � FmLL CALL: N�mbers Present: Margaret Hendley, D�nald Betzold, Bruc�e NeLson, Ralph Stouffer, Geraldine Schei, Bab Minton, Gregg Hebeisen, Ed Hamernik, Walt Staiwalt, Orville Carlson, Ibn Mittelstadt, LeRoy Oquist N�rrbers Absent: Diane Savage, Darothy E�nson Others Present: Bill Hunt, Assistant to the City Manager taEL�9E NEW MEA'�fi.S : P•�. Hendley welcomed Mr. Mittelstadt ar�d Mr. Oquist and introduoed them to the O�nmussion menbers. APPRCNAL OF NOVENBER 30, 1987, Qi�F2T�R C�N�2ISSIGN MINLTi'F5: MyI'ION by Mr. Betzold, sev�nded by Mr. Nelscn, to approve the Nov. 30, 1987, Charter Oa�nission minutes as written. L�ON A VOICE VOTE, FLL VOTING AYE, C�IRPERSCrI HE�VDI,EY I�CIARED Tf� NDTICJN (�Zi2IID L�IANINI�tZSLY. 1. APPOII�t�FT]T OF NONIINATING Q.'1�R�IITI�E: MS. Hendley stated she had appointed a Naninating Canrruttee for the annussion's annual meeting in March. 7lzose appointed to the Namiriating Caturittee were: Bruoe Idels�, Qzairperson, Walt Starwalt, and Geralcline Schei. 2. Q�NSII�RATIQV QF TE.'�[+'LS OF OFFICE QF M�YOR AND O�id'JQII��EPS: a. Staggering: 2- -1 or -? b. Elections on "on" or "off" years c. Length of terms: Three or Fair Years d. �imit on the Nt�nUer of O�nsecutiv�e Z}erns a Mayor or Qouncilmember can Serve Mr. Mittelstadt stated one item not disc�ssed at the last r.�eetinq was the "limit on the murber of ocnsecutive terms a Mayor or C:ouncilrier�er _ can sezve". He stated he felt there should be a limitation in ter� of � office, so there is a better turnaver and more interest in Oouncil affairs by the public. Right naa, the Qty of FYidley is "dead" in C�rms of interest. 14A� �-IAR1�R OC�II,2ISSIC7N rg.�,-I'ING, Jp�NCF�1F� 25, 1988 PAC£ 2 I�r. Mittelstadt stated that back in the early 1970's, theY used t� have sarr� real "gut-wretdling" issues in the Qty. It got the people int�erested and got theTn out to vots• Nvw, they dc�n't hear anythin9• ' Nis , Hendley asked Mr. Mittelstadt if he thought by limiting the ter►�s of offioe and getting new people into offive, that would bring � new issues? Mr. Mittelstadt stated. Yes, even though the Gity Council members were paid, it was essentially a volw�teer organization, and the oa�►ly way the City Council can vr�ntinue t�o be vibrant anci alive is to have turn-aver. N�. Betzold asked Mr. Mittelstac�t what he wc>uld like to s ee as far as n�nber of terms for v�uncilmembers. Mr. Mittelstadt stat,ed if they are goin9 to �ntinue with the thrce year terns, he would like to see two ez�nsecutive three year ternis for a total of six years. If it was changed to four year terT*�s, he w�ould still like t,o see two oonsecutive tercr�s for a total of eic�t years• Mr. Betzold asked about the situation where a oouncilme�er had served two a�nsecutive ter�r�s, but then decided to nm for maYor• C7ould that be cbne? Mr. Mittelstadt stated, yes, it �uld. He was referring to two consecutive t�rms in the sarne offioe only. �he �uncilrp.r.�ber and mayor and the c�ounciLnember-at-large were all different offioes. Nlr, gamernik asked about the situ3tioci where a oouncilmeaber served two consecutive terns, was off a term, and then wanted to run for offiae again. Cbuld he/she cb that? N�. Mittelstadt stated, yes, iye was just t.alking about two consecutive texirs in the same offioe. He had no problan with a person mm�ing for offioe again, as l�g as there was a break after the two oonsecutive ternls. He stated they neea same m�vement and some interest in Cbuncil affairs. Mr. Hebeisen stated that if a person servc�d two �nsecutiv�e terns. w�ent off for a term, and then ca¢ne back ��e o°��1, a�uld that oontinue indefinitely? . I�, riittelstadt stated that as lang as the person got the votes, a person could d� two �secutive tenns. with a break in betw�een, as many ti.rnes as he wanted tA. Zhere was ryo limitation. r�.,Nelson stated another problem with the lack of interest and inwlve- ment on the part of the people was the fragmentation of the City of F�idley in the way the districts are divided. He felt that has verY much frac�nented the various aspects of city politics. Another problem miqht be the Iack of issues. 1�. Staxwalt stated he wondered how mich bearin9 that really had an city business or city activities, and he was willing to bet it was relatively little. He stated the C7ty is always grawing, but it cannot be in a tunroil forever, and it was oertainlY levelirg out a little bit. . - . Q�iAF�PER O�'II��SSI0�1 r�ETING, JANL�RY 25, 1988 PAC£ 3 N�. Hendley asked how the staggering, the �-2-1 and 3-2, would affect the limitation of terrns for oouncilmembers and m3yor. i�. Mintca� stated he did not think the limitation of the n�iber of te�ns � and the staggering of tern�s were really related. Mr. Betzold stated that if, for exanple, all three ward o�uncilmer�bers were elected at the same time and if it w�ere scxrehow t,o happen that all three of them were all new at ane point in time, then theY would aIl be essentially foroed off at the sa.me time, asstm�ing they were all re-elected. But, he thouc�t that would be hic�ly unlikely to happen. N15. Hendley stated the Qomnission discussed at length the 2-2-1 system versus the 3r-2 system at their last meeting. She stated that since the last meeting, she did call Co�►cilme�er Fitzpatrick and O�unciLrember Schneider. O�uncilme.nber Sc3�neider had stated he would not have any problems about wting one way or the other, but was very adamant in saying he definitely would not wte for a shortening of ternis for anyone to two years. He w�uld vote for lengthening the terms, but not shortening th�n. Nis. Hendley stated Cbimcilmeanber Fitzpatrick had mentioned he had no problem with wting to ratify an ordinance or statute if the Cannission chose to cb it in that manner. And, he did nat think anyone else on the O�uncil would either. He agreed to call Ms. Hendley if any of the other Cbuncilmembers had a prablem with changing the length of terms or anything that would affect their term of offioe. Mr. Har,ernik asked if they had any informatiai on what other cities are doing as far as limitir�g the n�er of tezms of ooLmcilmembers or mayors. Mr. Hunt stated he was ru�t aware of any cities that limit terms of office. Mr. Stouffer stated he was totally against limiting the terntis of either the mayor or oouncilmercbers. He stated they have enough problems getting people into the political systan. Why kick out the people who want to serve? If they are doing an inadequate jab, the peaple can always vote them �t of offioe. but if they are doinq a good job, let them stay in office. Mr. Carlson stated N�. Mittelstadt had made the point that limiting the terms of offioe and changing people wauLd generate r.t�re discussion or m�re issues. He stated he was not s�e that was neoessarily true. Issues are not created by the people who are elected. Issues are created by the population. Mr. Ntitte Lstadt stated that was tru�e, and he hoped that would happen. He stated there was a real lack of interest in the wlimteer organization in that if a person knows there is no way he/she can achieve that offioe no matter what he/she does, he/she will never try it. Mr. Stouffer stated that, for exa�Le, there is a oouncilmember in his second term whc� has da�e a good Job. but he is now a lame duck and has to be taken out for fove years. In the meantime, there are twoo people who lmaa he is out and aze raa canpaigniri9 for that oounci]menber's job over p-�p,g�R O�MKISSION METING, JANL�RY 25, 1988 pAC� 4 14C the next fo�' Years. makiT'9 his life miserable, and that vouncilme-mber caruiot even get d�ne what he wants in the faur Years he is still in offioe. - N1r, Starwalt stated he did not agree that the "laa�e duck" issue would be relevant to a oouncilmember. Zhat person is just a.nother wte � Council matters. GYanted, scacierne would ]aiaa that �uncilmember o�ulc� not run again for offioe, and it might stimulate the interest of sar�eone t�o run for that offioe. Mr. Starwalt stated he would not be in fawr of limitincl the ternts to tw� oonsecutive two-year ter�, but he o�uld live with lir.titing the tezms to either two oonsecutive four year tezms or two oonsecutive three year te.�- N�. Stouffer stated there was also the other side of it where you have a qood councilmenber on his/her last term, so you are going to lose a good co�cilmember, and everyone who has clecided to nm for that offioe isn't �uorth being v�oted into offiae. N�. Oquist stated he oould understand N�. Stauffer's ooncern; yet he thought it was good tc� stimulate anY kind of body with new people, new blood, and hc�efully nea ideas and new thoughts periodically. So, he also agreed with 1�. Mittelstadt that maybe limitin9 the tern� was one way of doing that. Mr. Stouff�r stated the problem they have in the C�ty of FYidley was theY do not have a twrrparty systen. Ms. Hendley asked if I�.Stouffer thought the oo�cilmembers sl'►ould run on a party basis. N�. Stouffer stated, no, but for all intents and PurPoses the present O�tmcil was one philosophical political party. and the other partY c7oes �t do anythinq about it. Nl�. Hendley stated that if there was sane wal' they �uld enoourage wter interest, would limiting ti►e terms of offioe create a positive reaction where they would get m�re wter interest, would more peonle then r�m or listen t�o the issues, would more issues be brought �, and would people be encoura9ed t° seek that pa.rticular offioe? In one way, she did r�t like the idea of push- ing sareone out of offioe to let new blood in, but sanetimes it was neoessazy. Nlr. Mintrn stated he thought limiting the n�er of tern�s was not going tro Stimulate nea interest or new ideas. �ere would be a little bit m�re turnvv�er, a few m�re people inwlved, but that was it. So, he did not have mucil interest in this issue aie way or the ather. He did feel if a oauncil- member is doing a bad job, the voters will wte hi.�/her out. If he/she is cbinq a qood job, he did not see any harm in letting hirr�/her stay in offioe. Mr. Oquist stated what bothered him was the mediocre Per'son who was dr�in4 neither a bad job or a c�ood jab. Nir. Betzflld stated he did nat like the idea of putting a limitation on terntis. ZlZe only �He statedathey have to ask th/emsel�es the question�WhYlshould i,m,tatio 14D C�I'F�it �ISSION I�TING, JANUARY 25, 1988 PAGE 5 there be a limitation an any office, especially for the councilr:tiembers at this level who are not paid very nn�ch and are expected to spend long hours on the job? Mr. Betzold stated it was nioe to get new blood and new peaple, but if they force out sar�one at the end of a second term, they not only far�e out the bad and the mediocre, they also force out the good. If sor�ebody should be out of office for whatever reason, that is up to the ooim►unity to decide that. That is what the voting syst�em is all about. rir. Oquist asked why the Conmission had pursued this discussian. ��at was wrong with the present syst�? rLs. Hendley stated the reason was beca�use the CoMnissian was always studying the Charter to look for any improvements they can make in the operation of city government. They had been looking at the different times the counci]Jresr�bers were elected and the fact that some are on-year and some are on off-years and the lack of interest in city gavernment and in the electian itself. I� by changing the Cfiarter, they oould create m�re interest and get more people involved in city gaverru�nt, then that was their goal. There was also the matter of the cost of elections, especially on off-year elections, as opposed to on-year elections. Dir. Oquist stated he could understand the cost, but other than that, he was wondering how any of these other things would help get people involved. Mr. Betzold stated he was the one who had initiated these discussior�s. One thing that initially got him thinking abait it was that the same amount of effort goes into an election, whether it is an on-year election or an off-year election, even if there is only one race �nfined to only part of the city. And, he realized they oould not just change one element; they were going to have to be loaking at changing all the elements, and that is what got the Charter Co�ussion talking about aIl these aspects• He thought there was some merit in the consideratioaz of all these issues. At the May 1987 meeting, it was the concensus of the former councilrr�nbers and present councilsrembers that there seesred to be a lot of sense in at least r.�aking the three ward cotmci]members run together as a block, but how do they affect that change under the present system? �at parts do they change in orrler to do that? He felt the system could be i�roved. Dir. I`elson stated rhange was one thing that was not �c'�phasized with tY�e Charter Carrrrussion. There have been tir,�es when they have taken 1-1� years to make a change in the Charter. The main reason for that was the fact that the Chacrter itself was the legal basis for the operation of the City, and they want to consider that very carefully. If they do make a change. theY want to try and establish a lot of the pros and cons and evaluat�e whether or not those pros and o�ns are actually valid or invalid. He felt they wanted to establish a time line so that sometimes they can leave an item for awhile and then con� back and re-evaluate it. T�m�e was actually an aid ��e1��in� tive in tern�s of making change. because there was gerieraZly nothing p 9 in te� of the Charter Cor.nussion's consideration of the Charter• Sixt�' �YS� ninety days, nine months, was not a long time for the Charter' Conmission. He stated he hesitated making any changes until things had been revies�� a number of times. CH�TII2 CCY��IISSION i•�ETING, JANUARY 25, 1988 PAGE 6 14E Mr. Mittelstadt stated he w�uld like to see the Camnission vote on srn�e of the things they have been discussing. -�y.yTIpN by Mr. Stouffer, secanded bY P'ir• t�littelstadt, to adopt the 3-2 staggering system. With the 3-2 system, all three ward counciLn�nbers would be elected i.n one year and the mayor and council��mber-at-large would be elected i.n anot3�er year. r'ir. Stouffer stated he was makinq this motion based on the advantages and dis- advantages of the 2-2-2 system versus the 3-2 system as stated by Dr. iiP-beisen on page 3 of the Nov. 30, 1987, minutes. Mr. Stouffer stated that at this time, they were voting only on the concept. If this m4tion passed, then they oould make another rrotion for the implementation. UPON A VOICE VdTE, AI.L� VC7I'ING AYE, CHAIRPERSON HEI�IDI�Y DDCI,ARF.� THE MClTION CARRIFD LJNFINIl�4CXJSLY. MCn'ION by Mr. Minton, seconded by rir. Stouffer, to adopt the system of four year terntis with the elections on "on" electian years. Mr. Minton stated the main purpose of this mr�tion was to create a system where wting would be on "on" election years (state or general) so there would be greater wter participatian. Pir. Nelsan stated that, again, i�lenentatian would be subject to another vote. UPON A VOICE V�7PE, ALL VO�TING AYE, CHAIIZPE�t.SON ��TIDI�Y DF�I,ARID Tf� MdTIOP1 CARRIID UI�1NI?dOiJSLY. MCyrION by Mr. Betzold, seaonded by Mr. Mittelstadt, that in order to inpl�c�ent the four year tenn system, Wards 1 and 3 w�ould start four year tern�s in 1990; the mayor and councilmember-at-large would start four year ter� in 1992; and Ward 2 would start a four year term in 1994. Mr. Staiwalt stated if �ey hisami d as to whethe rWard12 sh tld benextended then there was a question �.n the length of time they were propc�sing• Mr. Hunt stated that if the Cannission voted in fawr of a limitation on terns of of f ice, then they would have to decide haa to i�lement that and that would be another discussian. UP01�1 A,WICE VOR'E, ALL V(�TING AYE, CHAIRPF.R90N i�3�IDLEY DDCLARE� TF� MOTION CARRIID UI�NIMOUSLY. MOrTION by Mr. Stouffer, seconded by Mr• Nelson, to not limit the n�r of oonsecutive tern�s for the mayor and oouncilmembers. _-. Mr. Carlson stated they have wted to increase the terns from three Years t° four years and that might, by itself , have sare limi.tation fact,�rs .�?� re W� the possibility thatlaan�orf�e�n �our ye�ars�or„eight yaearsuin tercr�s oft ' ment to look at the g time . 14F CHAF�(*ER COP'D'LISSION N�TING, JANUP,RY 25, 1988 PAGE 7 Mr, Mitt,elstadt stated there was a two-sided issue here: (1) int�erest in the public in tercns of change-over and the opportunitY to change ovex' the city government; and, (2) the effectiveness of vouncilme�nbers. Mr. Hunt stated he thought if they went to four year ter�, there might be irore people resigning in the midst of a tenn for whatever reason� than theY have had in the past. He checked in the Charter to see how a vacancy on the Council would be handled. Mr. Hunt read the following paragraph in Section 2.05.1: "In each such case, the �uncil shall by resolution declare such vacancy to exi.st and shall forthwith call a special election to be held not less than forty-five (45) days nor irore than sixty (60) days frcm the time such vacancy is declared. In the case of a special election t�o fill the vacancy, there shall be no primary election. �e car�didate receiving the largest ntmber of votes shall be decla.red the winner. �e winner of said election shall be qualified to take offioe imn�ediately �on oertificati� by the board of canvass and shall fill the time�ired term." r1r. Htmt stated there was the possibility of some "off" year elections if they go to four year tenns because there was more likelihood that there would be soa�ie vacancies Occurring in that four year term oo�ared to what they have had in the pas t. Mr. Hebeisen stated that if they do limit the tercns, was there anY indication fran other cities that have lim�ted te� that limiting ter� does generate new issues or quality in new candidates? 1�. Hunt stated he thought the nt-�in issue of limitati� of terns, historically, was in th e executive branch, because of the pvwer of the presidency. He stated they cb not have a strong mayoral form of gavernmeiit in Fridley like St. Paul does, for exitcple. Actually, apart fram oontrolling the agenda and presiding c�ver the meeting, the mayor has no m4re pvwer tt►an the othe�' oo�mcilirie.mbers• If they had a mayor that was really a chief executive, then they might want to consider li.miting the tertr�s of the �yor. Nfft. S�OLJFFER WIZI-IDREW � NDTICN WI�i �1E O�NCC]ftRE�dCE OF ZHE SDCC7[�iDER• P�Z7i'ION by Mr. Starwalt, seoonded by Mr. Mittelstadt, to limit the period of eadz office tA two consecutive four year tezms. Mr. Min�on stated he wanted to make it clear that what was meant in the motion was that a person can o�'ily serve two oonsecutive four year terns in orie of fioe; then must step down frcm ti'►at offioe for at least orie term, but then �ould run again for that saire offi�e and oould serv�e t�a�o m�re consecutiv�e four year terntis• L�CN A VOICE Vt7I�, i�1DLEY, I-�BEIS�i, HA�TIK. STAE3�JALT, AND MLTTEISTADT W'I'ING AYE, BET7ALD, NELSCN, STOiJFFER, M:I1QI'C7N, CARISCN, AND 04UIST VO�iING NAY, SC�iEI A3STAZNING, Q�i�LiRPE[%SON i�NDLEY DE(Z�AF�D �IE NY7TI�T FAIIED. � 14G Q3AF�IER OL�NQ�IISSION METING, JAN[JAF� 25, 1988 PAC£ 8 Chairpersan Hendley instructed Staff to ask the C1�arter Cbnmission's attorney to prepare the appropriate language for the Q�►arter incorporating the changes proposed by the Carrmission meJrbers at this meeting: (1) the 3-2 system; (2) the �our year t��; and (3) inplementation of the four year texm system. 3. Q'X�LSIDERATIGN OF FURN�T AND N�I�tNER OF PUBLICATICN OF REVISED Q-IARFI£R: N�. Htmt handed out the new hard cover looseleaf binders for the revised �arter. He shawed the Carmissiariers the distribution list which tells all those people who have received a cApy of the revised Charter. Mr. Hunt also shv�d the Oa:imissioners a"irocked-up" oopy of the Qzarter that will be made avail.able to the public �an request. Mr. Stouffer stat�edthere were former �arter Carmission me�►bers who still lived in Fridley. He would like to hav�e the former menbers who lived in FYidley reoeive a copy of the revised Ct►arter also. It was a way of letting these pcople see the "fruit" of their efforts also. N�. HLmt stated he had no problem with sending oapies of the revised C�arter to all former Q�arter Cbtrmission me�ers still living in FYidley. 4. OONSIDERATICN OF RE�MNE�TDAT'IONS FI�R 1�ENBEiZSHIP IN ?HE Q3AR'I�t �i`R'�SSIUN: N�. HLmt stated there was still one vacancy �n the Coirmission. N�. Hendley stated that if any of the Ccnunissioners knew of anyone interested in serving on the Ca�IInission, they should have that person write a letter to N�. Hunt. 5. CIXVSIDERATIC7N C1F ALTERIATIVE 4�YS OF AN�NDING � QTY Q3AR'I�t: N�. Hunt stated he had talked t4 Mr. Terpstra, the Qzarter (bnmissioa�'s attorney, and he was preparing a letter to distri.bute to the C�Enission. Apparently, the �arter Conmission can present sanething to the v�oters; iiowever, there were a co�le of oonditions: (1) Zhey have to have all 15 members at full strength. Right now there are rnIy I4 members so theY w�ould need one irore member. (2) Eight of the meirbers (a majority of the total me�ership) hav� to pass it. Mr. HLmt stated that if that was the way tlze �arter Qx�mission dzose to amend the Qzarter, the City Oa�ncil has the ric�t and duty to review the amenc�nent being subnutted tA the vaters to make sure it is in prvpex' form, but theY cb no�t pass on it at all. Mr. H�t stated that if they are within six months of a general election, they would normally have the amenc3rrents at the general election; athenaise, tl'iey could call a special election. Mr. Hunt stated the CY►arter Oommission �uld go this raute if they dzose tA cb so, but it was easier tA send the aenenc�nent to the O�uncil and have t-hem Pass it as an ordinance. � 14H C�iARTER Q,INIIKCSSICN MEE�ING, JAN�lF�RY 25, 1988 PA(� 9 Mr. Oc�uist ask�d what wouldhappen if sanething was passed on to the City Gbi,ulcil, and they got into a stalemate. Mr. HLmt stated then they wuld c� t�o the voters. Nh'. H�t stat�ed he had also giv�en tne O�nissirners a oopy of the Minnesota State Statute regarding this. •� • •�i�� MC7I'I(7[V by Mr. Mi.ttelstadt, seoonded by Mr. Betzold, to adjourn the meeting. Upon a voice wte, all wting aye, Q-►airpersan Hendley declared the January 25, 1988, Charter Cccrmission meeting adjourned at 9:20 p.m. Respectfully sub 'tted, . .� ..�C L Saba F�oording Secretary Engineering Sewer,! : Water' Parks ' ' Streets Maintenance MEMORANDUM TO: John G. Flora, Public Works Director PW88-83 FROM: Mark L. Burch, Asst. Public Works Director DATE: March 23, 1988 SU BJ ECT: Award of Bid for the Springbrook Nature Center Fence Project No. 180 We opened bids today for Springbrook Nature Center Fence Project No. 180. We received four bids with Crawley Fence submitting the law�est bid on both Bid It�em A and Bid Item B. Their bid was $21,595.75 for Bid A and $23,766.75 for Bid B. We requested the contractors sulmit tw� bids so that w�e could identify the cost of having a toprail on the fence. Bid A is identical to Bid B with the exception that Bid A incorporates a tension wire al.ong the top of the fence and Bid B incozporates a toprail alang the top of the fence fabric. Our recanrer�dation is to use the toprail specified in Bid B so that the fence will be safer and m�re durable. We will su}xnit the bids received today to the City Council for consideration at their March 28 meeting and reca�riend that tYbey award a contract to Crawley Fence for $23,766.75 for their Bid B alternative. r�[,B/ts Attachments . 15 / � FWDL�.Y : I� ' • �'•+ � • • •' yl1: •,�• • �1' • `• • i�l :1 Z[TFSIY�Y, Ng1RQi 22, 1988, 11: 00 A. M. � �•.�• Crawley Fenoe 10630 Nassau St. , DL E. Minneapolis, N�I 55434 Century F�enae Co. P, a soX zoo Forest Lake, NY�i 55025 Liberty Elenoe P.0. Box 563 Hcyward Lake, I�R�T 55349 F�enao-co, Inc. 5222 Hanson Court Crystal, NgV 55429 Adams Supply Co. 11901 Riverwood Drive Burnsville, t�RV 55337 Crawn Fenoe & Wire ]200 Central Ave. , rL E. Minneap�l is, NII�i 55413 Donovan Contracting P. Q Box 1168 St. Qoud, N4�1 56302 Germondsen Companies, 20142-156th St. � N. Elk River, NllV 55330 Gopher State Eyenoe 85 West "�later Street St. Paul, NN 55107 Inc. Katchmark, Inc. 2438 - 132nd Coon Rapicis, N¢�I 55434 Keller Fenoe P. GL Box 14154 St, Paul, N�i 55114 I BID i TOTAL ! To'PAL I BCrtD I BID A I BID B I ! I I I I I 5$ I S 21,595.75 I$ 23,766.75 I I I ! ! I I I i I 5$ I S 22, ].75. 25 ! S 24, 367. 65 � � I I l I I I I I 5$ I S 24,392.5a !$ 27,285.25 i I i I I I I I I I 5$ I S 24,501.25 ! S 28,155.25 I I I I I I I I I I ! NO BID I I I I I I I I I I I I NO BID ! I I i .I 1 1 i I I I I NO BID I I I I I 1 I I I I i I NO BID I I I I I I I I I I J i NO BID I i I I _i I I I i I i I NO BID I I I I _I I I I I I I I NO BID I I I I _i I I 15A -2- : i� •.�.� . �. : �,�• • � a�• • �• • N :� ZLTE5I�1Y, I�,R(�i 22, 1988, 11: 00 A M. � � � � � �1' Wayne Lanmir�en P. 0. Box 11 Big Lake, NIlV 55309 New Look Landsca.ping 3386 - 50th Ave. Becker, N�1 55308 I BID I TOT1�1i. I OOrg7E1�FI'S I BCrm I BID i � � � i f I I ( NO BID I I I I I I I I I I 1 I NO BIn I I I I I I I Security F�nce & Const. I I i 4831 Washington St. i I NO BID I Colunbia Heights, [�fl�1 554211 I I I I I Town & Co�try F�noe, Inc. I I I 8853 Lochoomond Ct. I I NO BID I Brooklyn Park, NIlV 55443 I I I I I I U�vid N. Vollanann Const. I i I P.0. Box 126 I ( NO BID I Circle Pines, N�1 55014 I I 1 I _I I A1 Whitesell i I I 321 - 109th Ave. , rL W. I i NO BID I Coon Rapicls, 1�1 55433 I I I _ I I I 3/6/14/13 l 15B 16' RFSCLtTPION N0. — 1988 A RESCLiTPION AU�ICRIZING THE JOINT BIDDING OF MAINTENANCE AND REPAIR WCRK F�R SZRF.�'i5 (ST. 1988 — 10, SFALO�PfC) WIi'�i 7�iE CITIFS OF QOT,iJN1B1A HEIGI�I'S AND FRIDLEY WHIItEAS, vertain sealc�ating of asphalt streets is required; and WN�REAS, the oombinati� of these requirenents into a single request for wmpetitive sealed bids is ciesirable to okytain quantity eoonomies; and WHF�EtEAS, it is the desire af the cities of Colunbia Heic�ts and Fridley to solicit bicls by a single request for bicts in acoordanoe with the following procedures: 1. Any minicipality desiring to oontract for the purchase of any materials, suppl ies or work in cooperation with the other minicipal ities which are parties to this agreg;►ent shall, by its representative, mtify the other m�mici�l iti es of such desi re, indicating the items and the quantity. 2. If two or more o� such mulicipalities decide to c�ooperate in the joirit bidc3ing, the Public Works Director c� the �ritiq�ating municipalities shall prepare the necessary plans and specifications, submit the same to the participating minici�lities for their appraval, and follawing such approval by each garticipating mtmicipality, the Public Works Directors of the participating municipalities shall advertise for bids in the name of all garticigating mtnicipalities. All soliciatation or advertis�nents for bids, together with the awarcling of said bids, shall be done in accordance with established practices and appl ica}al e 1 aws. 3. Within five days after the reoeipts of bids, the Public Works Directors of the participating municipalities shall determine which, in their opinion, is the best bid submitted, and they shall rx>tify each of the particigating m�icipal ities of thei r f indi ngs. 4. After receipt of the recommendation of the Directors, or after the e�iration of fourteen days, whichever occurs f irst, any m�nicipality desiring to exea�te a oontract shall award the contract to the bidder which it determines to be the lowest responsitale bidder, and each garticipating municipality shall then enter irYto a separate oontract with the successful bidder for the materials, sup�lies or work advertised. In as much as the,purpose � this Agreement is to allow the participants to benefit fran purc�iasing labor and materials in larger quanties, each municipality agrees to order and pay for the estimated qu�antities of goocls, materials, s�plies and labor purchased for then u�►der this Joint Agreenent as initially requested by them; consistent with their actual neecZs. 5. All advertising costs in connection with the proposed purchase of any materials, suppl ies or work shall be borne equally by the participating mtnicipalities. Paqe 2- Resolutia, r1o. _- 1988 16A 6. Not withstandinq any other lanquage to the contrary, each mtnicipal ity reserves the right to rej ect any or all bids, in whole or in part, in oonnectiori with the proposed �ntract of any materials, st2ppl ies or work. 7. It is understood and agreed that each participating municipality will make its own separate contract with the successful bidder, that each participatinq municipality shall only be 1 iabl e to the sucaessf ul bidder f or mate r i al s, suppl ies or work oontracted for by such m�icipality without any liability for purchases oontracted by any ather Farticipating muzicigality, and each successiul bidder shall be requi red to bil l each participating m�►icipal ity di rectly for the mate r i al s, suppl ies or work ordered by it. 8. In the event of any dispute between a municipality and a successful bidder arising after a contract has been executed, such dispute shall be handled by and between the particular muzicipality affected and the o�ntractor. 9. By aqreement of all the parties hereto, any other minicipal ity may become a participarit to this procedure. 10. Each party hereto further agrees to save harmless any of the other parties hereto suffering loss or damage with respect to the oont r act suppl ier f or f ail ure to pay for any items act ual ly ordered or failure to take the amount initially desic�ated by such p�rty and included in the award on behalf of such pursuant to this oontract; and, WFiFREAS, the Fridley project shall be desic�ated Street Imprwenent Project ST. 1988 - 10, Sealooat. BE IT RESCLVID by the City CoLmcil of the City of Fridley as follaas: 1. That the Public Works Director is hereby authorized to work with the Public Works Director of the City of Colunbia Heic�ts in the develognent of plans and specif ications for joirYt biddinq of street maintenanoe and repair and asphalt street sealvoating. 2. That consol idated adverti sement of bids f or st r eet maintenance and repair and asphalt street sealcoating is autYaorized between the Cities of Colunbia Heic�ts and Fridley. PASSID AND ADOPPED BY �iE QTY CGCINCIL OF THE QTY OF FRIDLEY THIS 28'I�I I]�1Y oF r�xa�, 1988. PII.'rFST: 3i IRL EY A. HAAP�ALA - CITY Q, ERK 3/ 6/ 15/ 10 WII.L IAM J. I�E - 1�Yt�R 17 RESGLtTPION N0. ---------- ' 1988 RE50LUTION OF THE CITY OOONCIL OF THE CITY OF FRIL�,EY SUPPORTING �4iE OONCEPT OF MINNEAPOLIS AND SAINT PAUL H06TING �iE 1996 SZJNI�ER CGi�IPI(5. WHEREAS, the Secretary General of the United States Olympic Committee has initiated an i�ui ry to c'�termire whether the cities of Minneapol is-Sairit F�Ul. are iriterested in hosting the 1996 S�mmer Olympics, and WHII�EAS, the mayors of Minneapolis-Saint l�ul have asked area municipalities for their general support to the o�noept of h�sting the 1996 Summer Olympic Games, and WHII2EAS, the Mi.nneapolis and Sairit Paul Metro Area enjays a temporate stunmer climate well suited to international athletic a�mpetitions and now possesses n�merous excellent athletic facilities suitable as Olympic venues, and wHIItEAS, the Minneapolis�Saint R-aul Metro Ara� has the caFacity to pravide the r�eaessary acv�manodations to suppc>rt visiting athletes and spectators, and WHIItFAS, the 1996 S�mmer Olympic Geanes would txing sic�ificarit revenues to the Minneapoli�Saint Paul Metro Area as well as extensive international re�c�ition, without expending taxpayer fimds. 1�T, gIEREFORE, BE IT RES�,VID, that the City ��mcil of the City of F7iclley, State of r�innesota, hereby express to the Mayors of A",inneapolis and Saint F�ul its f irm support for the oonoept of ix�sting the S�ner Olympic Gaanes in 1996. �,SSID AND ADOPrED BY �fiE QTY O�UNQL OF 7.iiE QTY OF FRIDLEY TH IS _____ 1]AY OF ---_-_--____ . 1988. ATTEST: ' ----------------------------- S�iIRLEY A. HAAA�,LA - CITY (I,II2R 1/7 WII,LIAM J. NEE - 1�liOR RESC[,ttl'ION N0. - 1988 A RESC[,UTION AUZHORIZ ING �IE NOI�ffNATION OF MAYOR WILLIAM J. NEE EOR 7IiE C. C. LUI�nIIG AWARD FOR DISTIl�UISHID NAJNIQAAL SII7VI� WH�EAS, Willian J. Nee has gerved The City of Fridley in a distinguished manner for 30 years as a Commissioner, Councilm�nber, and Mayor, and has actively �artici�ated on mmmittee�s and task foroes; and WHERERS, Willian J. Nee has actively w�orked with govornors and other state ana oo�ty officials to improve the region and Minnesota; ancl WHE�tEAS, William J. Nee always works to imprwe the living standards of the average citizen, and pranotes and expancZs �ograns for those less fortunate; and FiHF�tEAS, theqe and other actions have permanantly improved Fridley, Anoka ��mty, and the region NOW, �iIItEFORE, BE IT RF�CLVID BY ZIiE QTY Q�[JNCZL OF �iE QTY OF FRILLEY that William J. Nee be nominated for the prestigious, C.C. Luclwig Award for Distinguished MuniciFal Servioe. P�ISSED AND ADOFi'ED BY ZIiE CITY aXJNQL OF �iE QTY OF FRIDLEY TH IS _____ DAY OF ------_- ► 1988. ATi'EST : , 3�IRLEY A. HAP,A�LA-CITY dII2R �� ---------------------------------- 1�1NCY J. JCI2GIIV90N, OJUNQLNENBER-AT-LAI�GE ----------------------------------------� S1�VEN E. BILLINGS, QJUNQLl�ENBER WARD I --------------------------------------------- I�NNIS L. SCHNEILIER, OJtJNQLNENBII2 WARD II ----------------------------- ELWARD J. FITL �TRICR, OJUNCZLNENBE�2 WARD III : IEngineering Sewer Water 'Parks SVeets IMaintenance MEMORANDUM , TO: John G. Flora, Public Works Director P'W88-82 FROM: Mark L. Burch, Asst. Public Works Director DATE: March 22, 1988 SUBJECT: Change Order #3 for Street Im�rovanent Project No. ST. 1986 - 1& 2, Phase II We are forwarding Change Order No. 3 for Street Improvemerit Project No. ST. 1986 - 1& 2, Phase II to the City Council for their consideration and approval. This change order will allaw payirent of $2,500 to H& S Asphalt, Inc. for re�nobiliza- tion of their work force to cce�lete the curb, gutter arbd street i�rovanents on the Lake Pointe site. We feel this re�nobilization cost is reasonable and recannend that the City Council approve Change Order No. 3 to H& S Asphalt, Inc. for $2,500. MLB/ts Attacl-unents 19 � � CJTYOF FWDI�.I( SUNDE ENGINEERING, INC. GERALD M. SUNDE, Consulting Engineer 9001 East Bloomington Frwy. • 8loorr�ington, MN 55420 •(6t2) 881-3344 March 24, 1988 CITY OF FRIDLEY 6431 University Avenue N.E. Fridley, Minnesota 55421 Attention: Mr. Mark Burch Re: 86-238, LAKE POINTE CORPORATE CENTRE Dear Mr. Burch: We hereby recommend approval of Change Order No. 3 to City of Fridley Project 86-1 & 2, Phase 2 for H. & S. Asphalt Co. in the amount of $2,500.00 for additional costs associated with ex- tending the Contract into this year's construction season. Sincerely, SUNDE ENGINEERING, INC. �� .,�=� Paul T. Swenson, Engineer PTS/sg 19A AJBLIC WCRK.S DEAAKZ�1'P Engineering Division QTY OF FRIDLEY Fridley, Minnesota March 28, 1988 H & S Asphalt, Inc. 1700 Industry Blvd. Anoka, MJ 55303 SLIBJECT: Change Order #3 - Street Impravenem Project No. ST. 1986 - 1& 2, Phase II Gentlen�: � You are hereby orc3ered, authorizec3 and instructed to modify your contract for Street Improv�ent Project No. ST. 1986 - 1& 2, Phase II by adding the following: Y �l Rer�obil ization for the 1988 Construction Season � � � �y � ,. . . . . � t � ; ��y1M Lunp St�n �M �'s �'� S2,500.00 : 4 �.�]�I � 2,500.00 ZnTAL �ANGE ORDF�R N0. l. ..... S 2, 500. 00 CRIGINAL aDNZRAQ' PRICE . . . . . . . . .5368,054.10 (�iANGE ORDER N0. 1. . . . . . . . . . . . S 17�250.00 Q-IAIVGE ORDiER N0. 2. . . . . . . . . . . . $ 2,460.00 Ci�7GE ORDER N0. 3. . . . . . . . . . . . $ 2, 500. 00 i2F.V ISID OOIV�lRA(� 11[�'�fJ I� ......... S 390 , 26 4.10 Sutmitted and appraved by John G. Flora, Public Works Director on the 28nd day of March, 1988. Pregared by ._ _ Checked by ___ John G. Flora, P. E. Publ ic Wor ks Di rector • - . 19C x & s Asghalt, Inc. Page 2 Change Order #3 - Project No. 3P. 1986 - 1& 2, Phase II - March 28, 1988 ---------------- Appraved and aocepted this day a� , 1988 by H& S Asphalt, Inc. � . H � S ASPHALT, INC. / v�/ �J�"`^ [7 . Wi1liaQn 8. Miller, Presi6ent ---------------- Appraved and aocepted this Fridley, Minnesota. 3/6/4/6 �y � , 1988 by the City Council of WIId�IAM J. I�E MAY�R I�SIhf M. 4�RF5HI. QTY MAt1AGIIt Engineering Sewee" ° Wate� : ParkS`-, Streets`s ' Maintenance MEMORANDUM TO: �� 4�eshi, City Hlariager FROM: �n G. Flora, Publ ic Works Director DATE: �r� 24, 1988 Ras$—as SUBJECT: �ange Orders No. 3 and Na 4 Repair aE Correnons Park Water Filtration Plar�t #164 Attacfied are two change orders associated with the Repair of Commons Park Water Filtration Plant Project #1b4. Change Order No. 3 establishes the substantial completion date for the imprave�ent as April 1, 1988. This c'ate establishes the functional working of the plant and supports our street flushing progran. It also identif ies a period whereby any penalties can be applied. Q�ange Order No. 4 includes the addition of 3 construction items totaling Sll,270.00: A. E�oxy floor painting ... S 2,100.00 B. S�p punp real ic�ment. .. S 2,170.00 C. Ananonia injection system . S 7.000.00 ZC)TAL $ ll, 270.00 Reax�nend the City Council approve Change Orders No. 3 and No. 4 to the Re�air of Conmons Park Filtration Plant Project #1b4. JGF/ts �1'J � F�IX�If '. �. �•� : TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engi neers-Arch itects-PI anners � Mq►2cr� St. Pau I, M i n n. �4� 16 . 19._$$, Comm. No. 8800 Change Order No. �_ , To Shank Mechan i� 1 I nc for Commons�� ter Trg�,finent PI ant�pRrovemgnts for C i__t� __of Fr 1 d I ev . M i nng�j'�. You are hereby directed to make the following change to your contract dated _,��Q_l._.___._. , 19 �L. The change and the work af fected thereby is subJect to al I contract st i pul ati ons and covenants. Th i s Change Order N i I I (*reree�e) (deeree9e) (not change) the cont�act sum by NolLe---------------- ---------------------------------------------- Oollars (E 0.00 ). The speci f ied compl etion date for the proJect is March 3, 1988, 160 working days fran the Notice to Proceed. This chanqe order ext ends the com�letion date to Apr i I 1, 1988. Amount of Original Cont�act Additions approved to date Deductions approved to date Contract amount to date Amount of this Change Order Rev ised Contract Amount ( Nos. ?_ 1 ( Nos. 1 ) (fldd) (Beddet) (Not Changed) Approved_Ci�g.� Fridlev�MN �ON ner r Da te Appro e ` n' nc,, � � � � �pntractor By � � � ' �' Da te �Only copies needing signatures. � �� . �� -1. �� 1. 11 T� TZ, K I NG, 0l1V AL L, ANDER SON AND C I ATES� NCO�� ED (J sy <<�y Dav i d L. Moor e, P. E. White - Owner* Pink - Contractor* Blue - TKDA* Yeliow - Fieid Goldenrod - Department Green - TKDA Main File 20A �h:T'J►�� ' � : TOLTZ, KIWG, DUVAL.L, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Arch itects-Planners St. Paul, Minn. March 1$. 19�$, Comm. No. $800 Change Order No. 4 . To Shan}S Mechan i cal, I n�� for �i�nons Park l�ater Tre� ent PI aDt Imnroveme�t„s • • • } u � • You are hereby directed to make the following change to your contract dated _June 1 , 19 $L. The change and the work affected thereby is subJect to all cont�act stipulations and covenants. This Change Order will (increase) tdecreese) (no�-ehange) the oontract sum by Elevgn Thou�ad Tw�_ Hundre��event�nd OQl19S�------------------- Doi lars (3 11�270.fl0 ). 1. 2. 3. Furnish and install expoxy paint on the upper concrete floor of the Water Plant Addition. Reroute 2" sump pump discharge per TKOA letter dated March 14, 1988. Add ammonia feed system per TKDA letter dated March 4, 1988. NET CNANGE ORDER Amount of Original Contract Additions approved to date Deductions approved to date Contract amount to date Amount of this Change Orde� Revised Contract Amount ( Nos. 2 i ( Mos. 1 ) (Add) (8edne�) (�Jot-6henged) Approveci,_ Ctt� of Frj.�lg�l, MN �, Ow ner By Oa te Approved Shank M n' c. � Contractor gy � - �-�$ Date *Only copies needing signatures. ADD S 2,100 ADD S 2,170 A00 E 7.000 ADO E11,27 0 G � � � � �I� . �� . �i � �� .� �� TOLTZ, KING, DUVALL, ANDERSON AND A IATES, INCORPORATEO � � � �� gy G'�'i / � Oav i d L. Moor e, P. E. White - Owner* Pink - Contractor� Blue - 1KDA* Yei low - Field Goldenrod - Department Green - TKDA Main File � : � FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES � March 28 �asa T_ype of L�icense: B�r�. Approved B�: CIGARETTE Country Club Mkt. Same James P. Hill 6275 Highway 65 P�.E. Public Safety Director Fridley, Mn. 55432 ' Ground Round Theisen Vending Co. " ° " 5277 Central Ave.N.E. J Fridley, P�n. 55432 Holiday Plus Erickson Bros. " 250 - 57th Ave.N.E. Fridley, Mn. 55432 Holiday Station Store Holiday Sta. Stores Inc. " 5807 University Ave.N.E. Fridley, h1n. 55432 Kurt Mfg. ARA Serv. " 5280 Main St.N.E. Fridley, Mn. 55432 Sandee's Restaurant Braam Investments, Inc. " 6490 Central Ave.N.E. Fridley, Mn. 5543'L Skywood Inn Skywood Mall, A Mn. Part. " 5201 Central Ave.N.E. Fridley, Mn. 55432 Target Dist. Center Twin City Vending Co.Inc. " 7120 Highway 65 N.E. Fric;ley, Mn. 55432 ENTERTAIC�P�ENT Stuart Anderson Cattle Co. Restaurant ARG Enterprises, Inc . " 5696 University Ave.N.E. Fridley, t1n.55432 F I REARP1 Stanton 0 Ber� Same �� 6025 Gardena Ave. Fridley, h1n. 55432 FOOD ESTABLISHMEPJT Checker Board Pizza �JT4J Enterprises Inc. 6530 E. River Rd. Fridley, Mn. 55432 �� , �� II il �� ,� �� Fees• $12.0( $12.OI �24.00 $12.Oi $24.00 $12.00 $24.00 $12.00 " " $85.00 ° " �25.00 $45.00 � FOR CONCURRENCE BY THE CITY COUNCIL Plarch 28, 1988 F000 ESTABLISHMEPJT CONT. Country Club P1kt. Same 6275 Highway 65 N.E. Fridley, Mn. 55432 FMC Corp. Canteen Co. 4a00 E. River Rd. Fridiey, Mn. 55432 Fridley Convalescent Nome Healthone, Inc. 7590 Lyric Lane Fridley, Mn. 55432 Fridley Middle School Pat Rue 6100 W. Moore Lk.Dr. Fridley, Mn. 55432 Fr9dley High School Pat Rue 6000 W. Moore Lk.Dr. Fridley, Mn. 55432 Godfather Pizza Godfather Pizza of Mn.Inc. 7910 University Ave.N.E. Fridley, Mn. 55432 Grace Lutheran Church Uaniel Fleischer 460 - 75th Ave.N.E. Fridley, Mn. 55432 Grandma's Cupboard Inc. Same 6513 Cecicia Circle Bloomington,P1n. 55435 Hayes Elem. SchooT Pat Rue 615 Mississippi St.N.E. Fridley, P-1n. 55432 Holiday Plus Erickson Bros. 250 - 57th Ave.N.E. Fridley, Mn. 55432 Holiday Station Store Holiday Sta. Stores Inc. 5807 University Ave.N.E. Fridley, Mn. 55432 Hong Kong Kitchen Ham-Ha-Kwan 242 Mississippi St.N.E. Fridley, Mn. 55432 J's Foods, Inc. dba J's Foods, Inc. Z's Eatery 7890 University Ave.N.E. -- LICENSES Paae 2 $45.00 � �45.00 $45.00 Exempt Exempt $45.00 Exempt $45.00 Exempt $45.00 $45.00 $45.00 $45.00 '� FOR CONCURRENCE BY THE CITY COUNCIL � March 28, 1988 __ FOOD ESTABLISHMENT CONT. Kentucky Fried Chicken 7510 University Ave.N.E. Fridley, P�n. 55432 Lynn's Cake & Candy Supplies 7930 University Ave.N.E. Fridley, Mn. 55432 McDonald's 5831 University Ave.N.E. Fridley, Mn. 55432 McGlynn Bakery 755 - 53rd Ave.N.E. Fridley, P�n. 55421 Medtronics, Inc. 7000 Centrai Ave.N.E. Fridley, Mn. 55432 North Park ETem. School 5575 Fillmore St.N.E. Fridley, Mn. 55432 Old Country Buffett 6540 University Ave.N.E. Fridley, Mn. 55432 Perlman Rocque 51 - 52nd Way N.E. Fridley, Mn. 55432 Pizza Hut 255 - 57th Ave.N.E. Fridley, Mn. 55432 Redeemer Lutheran Church 61 Mississippi St.N.E. Fridley, Mn. 55432 Sandee's Restaurant 6490 Central gve.N.E. Fridley, Mn. 55432 Stevenson Eiem. School 6080 E. River Rd. Fridley, Mn. 55432 Stuart Anderson Cattle Co.Restaurant 5696 University Ave. N.E. Same Stephen Kraatz Mark Wheeldon D1r.Prichard/Debbie Hansen Canteen Co.of Mn. Elaine Niesche for Col.Hgts. Same Same Pizza Hut of the N.W., Inc. Laurance B. Anderson Braam Investments, Inc. Pat Rue ARG Enterprises, Inc. -- LICENSES Pa4e 3 $45.00 � $45.00 $45.00 $45.00 $45.00 Exempt $45.00 $45.00 $45.00 Exempt $45.00 Exempt $45.00 ' FOR CONCURRENCE BY THE CITY COUNCIL March 28, 1988 FOOD ESTABLISHMENT CONT. The Sunshine Place Tony M. Bakhtiari 5201 Central Ave.N.E. Fridley, Mn. 55421 Thrift Store Metz Baking Co. 248 Mississippi St.N.E. Fridley, Mn. 55432 Totino Grace High School Br.Milton Barker 1350 Gardena Ave.P�.E. Fridley, Mn. 55432 T.R. hlcCoy's Richard Wrobel 7350 University Ave.N.E. Fridley, Mn. 55432 Woodcrest School Dist. #16 Dr. Joseph Baker 880 Osborne Rd. N.E. Fridley, P1n. 55432 FOOD VEHICLE Karows Kitchen P•1ary Jean Karow 10648 Madison St.Pl.E. h1p1 s . Mn . 55434 TEMPORARY FOOD Family Fun Night St. Williams Church 61st & University Ave.N.E. Fridley, Mn. 55432 HOTEL,MOTEL Skywood Inn Skywood Mall, A Mn.Part. 5201 Central Ave.N.E. Fridley, Mn. 55421 LIVESTOCK George E. Olson Same 612 Lafayette St.N.E. Fridley, h1n. 55432 � OFF SALE BEER -- LICENSES Page 4 $45.00 , $45.00 $45.00 $45.00 Exempt $50.00 Exempt $625.0� $10.00 Holiday Plus North Erickson Bros. James P. Hill 250 - 57th Ave.N.E. Public Safety Director Fridley, Mn. 55432 Holiday Station Store Arnold D. Plickleson James P. Hill 5807 University Ave.N.E. ' Public Safety Director Fridley, Mn. 55432 E,.� �� $60.00 � FOR CONCURRENCE BY TNE CITY COUNCIL -- LICENSES ' March 28, 1988 Paqe � ON SALE BEER P�izza Hut Pizza Huts of the James P. Hill $325.00 255 - 57th Ave.N.E. P�.W. Inc. Public Safety Director Fridley, Mn. 55432 PRIVATE GAS PUMP City of Fridley Ralph Volkman 400 - 71st Ave.Pd.E. Fridley, Mn. 55432 Lampert Bldg. Center Lampert Lumber Co. 7600 Highway 65 N.E. Fridley, Mn. 55432 Park Const. Co. Richard N. Carlson 7900 Beech St.N.E. Fridley, Mn. 55432 RETAIL GASOLINE Holiday Sta. Store Holiday Sta.Stores Inc. 5807 University Ave.N.E. Fridley, Mn. 55432 REFUSE HAULER Ace Solid Waste P1gt. Inc. Dean 0. Warden 3118 - 162nd Lane N.l�l. Andover, �1n. 55304 Gallagher Service Inc. P.ichard Gallagher Jr. 1691 - 91st Ave.N.E. B1 ai ne, �1n. 55434 Hilger Transfer David A. Klatke, Jr. 3550 Zachary Lane Maple Grove, Mn. 55369 Pretzel's Sanitation Lawrence Plessel 15323 Ramsey Blvd. N.W. Anoka, Mn. 55303 Wasteco, Inc.-dba Ronald Roth Waste Control/Conainer Serv. 95 W. Ivy St.Paul , P9n. 55117 I SOLICITOR ar� a e) Greenpeace Joseph Thornton 800 Washington S.E. Mpls. Mn, 55414 Richard Larson Fire Inspector Richard Larson Fire Inspector Richard Larson Fire Inspector Richard Larson Fire Inspector James P. Hill Public Safety Dir. Exempt $30.00 $30.00 $60.00 $60.00 $90.00 $60.00 $90.00 $60.00 Exempt s FOR CONCURRENCE BY THE CITY COUNCIL -- IiCENSES � MARCH 28, 1988 C�1.S SF.EtVICF.� Conrad Mechanical ��rtractors Ina 509 - lst Avenue N. E. Nlinneapol is, I�N 55413 By: Grec�ry Seebeck Hillman Plunbing & 8eating Ina F�Et # 3, Box 152 . Sioux Falls, S�D 57106 �: Carl Haas Northland M�ec�anical� L�c. 2900 Nevada Avenue North New Hope, NN 55427 Rapid Heating & A/C Inc. 692 6 Jer sey Ci rc1 e Nor th (xystal, M�T 55427 Arbuckle Constructioci Ina 7808 West 99th Street Bloomington, I�1 55438 (7edarwood Builders Ina 6628 Penn Avenue South Richf ield, MV 55423 By: Renneth Mosloski Merchants Mairitenanoe Servioe 120 20 Radi sson Road N. E. Blaine, l�i 55434 I�qV Lanc�aark Construction 4440 Beard Azenue South Minneapol is, NN 55410 � Conrad Mechanical Gbntraators Inc. 509 - lst Avenue N. E. Mirmeap�l is� NN 55413 Hillman Pl�bing & Heating Inc. RR # 3, Box 152 Sioux Falls, SD 57106 Master Mec�ianical, Inc. 9864 Jan�s Circle Bloanington, MV 55431 Palen/Kimball Qon� 550 Vandalia Street St. Paul, I�lJ 55114 Rapid Heating & A/C Inc. 692 6 Jer �ey Ci rc1 e North Crystal, Md 55427 /'" By: Duane Bic7dle By: Jim Arbuckle By: Richard Morkrid By: Bruae Bogie By: Martin Tahija By: Gregory Seebeck By: Carl Haas By: Gorc3on Feters By: G. Richard Palen L�►- Dtiyane R i�dl e WB,LIAM SArIDIN Plbg. -Htg. Insp. S�ne S�ne Sane DARRII� Q�ARK Qzief Bldg. 4Ec1. Sa�►e a► Saaae Sane WII�LIAM SAI�IDIN Plbg. -Htg. Insp. Satne Same Sa�►e SaQne � FOR CONCURF�EN�� X �!�F �e'�Y �9l�!��, -- LICENSES March 28, 1988 RESIDENTIAL RENTAL PROPERTY • �• • • �� • : � ►. J�� ' ��.�� : • �. • • Richard Kedro�rski 6584 Anoka Street 1 12.00 534 ld. Orange Ave. St. Paul, MN 55117 FOR CONCURRENCE BY THE CITY COUNCIL " ESTIMATES March 28, 1988 Smith, Juster, Feikema, Malmon � Haskvitz 6401 University Ave. N.E. Fridley, I�T 55432 For Services Rendered as City Prosecutor � For the Month of December, 1987 • • • • • • • • . • � 8,180.50 E.A. Hickok & Associates 545 Indian Mound Wayzata, trIId 55391 Moore Lake Phase II Project #1�19 Partial Estimate . . . . . . . . . . . . . . . . . . a 1,007.37 TKDA 2500 American National Bank Building St. Paul, I�Rd 551 01-1 893 Repair of Commons Park Fil tration Plant Project �164 Partial Estimate . . . . . . . . . . . . . . . . . . � 2,450.00 Gammon Brothers P. o. Box 83 Rogers, MN 5537� Springbrook Nature Center Pond Improvement Project #173 Estimate No. 14 . . . . . . . . . . . . . . . . . . $70,896.08 � 0