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04/03/1989 - 5385FRIDLET CITT COUNCIL MEET[NG, APRIL 3, 1989 - 7:30 P.M. PLEDGE OF ALLEGiANCE: j APPROVAL OF MINUTES: � Council Meeting, March 20, 1989 ADOPTION Of AGfNDA: OPEN fORUM. ViS1TORS: (Consideration of items not on agenda - 15 minutes) OLD BUSINESS: Consideration of Second Reading of an Ordinance Amending Section 4.06 of the Fridley City Charter . . . . . . . . . . . . 1 - 1 E � NEY BUSINESS• ' Consideration of First Reading of an Ordinance Amending Chapter 402.27 of the Fridtey City Code Providing for the Establishment of water Conservation Regulations . . . . . . . . . . . . . . . . . . . 2 • 2 A �Consideration of.a.Resolution Approving . • • • Plat, P.S. #88-03, Glacier Park Company Additon . . 3 - 3 C ,,- ._ � ,� ` �`; �,M Receiving the Minutes of the Planning Commission Meeting of March 22, 1989 ...... 4- 4 YY A. Consideration of a Special Use Permit, SP #89-02, to Allow the Construction of a Single Family 9uelling in the Flood Frin9e District on Property Located on Lots 13, 14 and 15, Block M, Riverview Heights, the Same Being 7919 Broad Avenue N.E., by Jim Bowe and Consideration of a Motion to Allow an Unenclosed deck to be Built Over a City Easement at 7919 Broad Avenue N.E....... 4-4E, & 4R-4D0 e. Consideration of a Special Use Permit, SP #89-03, to Allow the Expansion of University Avenue Billiards to Instalt Additional Billiard Tables and Arcade Games in a Tenant Space Adjacent to the Existing Facility on Lots 4, 5, and 6, Block 1, Paco Industrial Park, the Same eeing 7178 University Avenue N.E., by Greg Asproth ........................... 4E-4J, 8 4EE-4PP C. Consideration of a Special Use Permit, SP il89-04, to Allow Exterior Storage on Part of tot 6, Auditor�s S�division No. 39, the Same Being 92 - 43rd Avenue N.E., by Green Masters Irxlustries ...... 4J-4M, 8 4GG-4PP Consideration of First Reading of an ' Ordinance Approving a Vacation, SAV #89-Ot, by t160H Realty Camparn for Northtown Nissan . . . . . . . . . . . . . . . . S - 5 6 � ctnrc� FRIDLEY CITY COUNCIL MEETING F�DL ATTENDENCE SHEET MONDAY Apri 1 3 , 1989 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER � � /=%� ��'�d��o' G� �r•a-�rh � � /� � ,- �C l'r/C/� ,<S'% � .a�i d r �l�.',� ri�%itilsc � Z �i �! '� �`Ziv 4' �: � i��ii�t=-- �'± ✓'^ -� � v��G �,� S�` . � � � 7 9 .�'/ 0� r � � � !� � ,�/'�" �% , I • �.'. APRIL 3, 1989 - 7:30 P.M. The following are the ��ACTION3 TAREN�� by the administration for your information. APPROVAL OF MINUTES: Council Meeting, March 20, 1989 Approved ADOPTION OF AGENDA: Adopted with the deletion of Items 3 and 7. OPEN FORUM, VI3ITORS: (Consideration of items not on agenda - 15 minutes) No response. OLD BUSINESS: Consideration of Second Reading of an Ordinance Amending Section 4.06 of the Fridley City Charter . . . . . . . . . . . . 1 - 1 E Adopted Ordinance No. 921 on second reading and ordered publication. CENTRAL SERVICES--ACTION TAREN: Proceeded as authorized and published ordinance. i . . • , COUNCIL MEETING, APRIL 3, 1989 NEW BUSINE88: PAGE 2 Consideration of First Reading of an Ordinance Amending Chapter 402.27 of the Fridley City Code Providing for the Establishment of Water Conservation Regulations . . . . . . . . . . . . . . . . . . . 2 - 2 A Approved ordinance upon first reading. CITY MANAGER�S OFFICE--ACTION TAREN: Ordinance placed on next agenda for second reading. Consideration of a Resolution Approving Plat, P.S. #88-03, Glacier Park Company Additon . . . . . . . . . . . . . . . . . . . . 3 - 3 C This item was deleted from the agenda. COMMUNITY DEVELOPMENT--ACTION TAKEN: No action was taken, as item was deleted from the agenda. Receiving the Minutes of the Planning Commission Meeting of March 22, 1989 ...... 4- 4 YY Received. COMMUNITY DEVELOPMENT--ACTION TAREN: Filed for future reference. A. Consideration of a Special Use Permit, SP #89-02, to Allow the Construction of a Single Family Dwelling in the Flood Fringe District on Property Located on Lots 13, 14 and 15, Block M, Riverview Heights, the Same Being 7919 Broad Avenue N.E., by Jim Bowe and Consideration of a Motion to Allow an Unenclosed deck to be Built Over a City Easement at 7919 Broad Avenue N.E....... 4-4E, & 4R-4DD Approved SP #89-02 with four stipulations. Approved the encroachment into the City's easement for construction of an unenclosed deck. � ' � COUNCIL MEETING, APRIL 3, 1989 NEW BOSINE88 (CONTINUED): PAGE 3 COMMUNITY DEVELOPMENT--ACTION TAREN: Notified petitioner of Council's approval of the Special Use Permit with stipulations and of the encroachment into the City's easement. B. Consideration of a Special Use Permit, SP #89-03, to Al1ow the Expansion of University Avenue Billiards to Install Additional Billiard Tables and Arcade Games in a Tenant Space Adjacent to the Existing Facility on Lots 4, 5, and 6, Block l, Paco Industrial Park, the Same Being 7178 University Avenue N.E., by Greg Asproth ........................... 4E-4J, & 4EE-4PP Approved with six stipulations. COMMUNITY DEVELOPMENT--ACTION TAREN: Notified petitioner of Council's approval of the Special Use Permit with stipulations. C. Consideration of a Special Use Permit, SP #89-04, to Allow Exterior Storage on Part of Lot 6, Auditor's Subdivision No. 39, the Same Being 92 - 43rd Avenue N.E., by Green Masters Industries ...... 4J-4M, & 4QQ-4PP Approved with nine stipulations. COMMUNITY DEVELOPMENT--ACTION TAREN: Notified petitioner of Council's approval of the Special Use Permit with stipulations. Consideration of First Reading of an Ordinance Approving a Vacation, SAV #89-01, by WBDH Realty Company for Northtown Nissan . . . . . . . . . . . . . . . . 5 - 5 B Approved ordinance upon first reading. COMMUNITY DEVELOPMENT--ACTION TAREN: Ordinance is on next agenda for second reading. i � ! 1 COUNCIL MEETING, APRIL 3, 1989 NEW BUSINESS (CONTINUED): Consideration of Change Order No. 6 for the Repair of Commons Park Filtration Plant Project No. 164 . . . . . . . . . . . . . . 6 - 6 B Approved Chanqe Order No. 6 for $1,570.00. PUBLIC WORRS--ACTION TAREN: Proceeded as authorized. Consideration of Changer Order No. 1 for Wiring of External Monitor Connections . . . . . . . . . . . . . . . . . . . 7 - 7 B This item was deleted from the agenda. PAGE 4 CITY MANAGER�S OFFICE--ACTION TAREN: No action needed as item was deleted from the agenda. Appointment: City Employees . . . . . . . . . . 8 Concurred with these appointments by the City Manager. CITY MANAGER'S OFFICE--ACTION TAREN: Informed Accounting Department of new employees. Claims . . . . . . . . . . . . . . . . . . . . . 9 Approved. CENTRAL SERVICES--ACTION TAREN: Paid claims. Licenses . . . . . . . . . . . . . . . . . . . . 10 - 10 F Approved. CENTRAL SERVICES--ACTION TAREN: Issued licenses. Estimates . . . . . . . . . . . . . . . . . . . . 11 - 11 C Approved. CENTRAL SERVICES--ACTION TAKEN: Paid estimates. Adj ourn : 8:06 p.m. PAGE 2- FRIDLEY CITY COUNCIL MEfTING, APRIL 3, 1989 -NEY BUSINESS (COMTINIiED): Consideratton of Change Order No, b for the Repair of Camwns Park Filtration Plant Project No. 164 . . . . . . . . . . . . . 6 - 6 B Consideration of Changer Order No. 1 for uiring of Externai Monitor Connec t i ons . . . . . . . . . . . . . . . . . 7 - 7 8 Appointme�t: City Employees . . . . . . . $ Claims . . . . . . . . . . . . . . . . . . . 9 - L i censes . . . . . . . . . . . . . . . . . . 10 - 10 f Estimates . . . . . . . . . . . . . . . . . 11 - 11 C Adjourn: � � THE MINIIT$8 OF THE REGIIL1�iR ME$TINa OF T8E FRIDLBY CITY COIINCIL OF MARCH 20. 1989 The Regular Meeting of the Fridley City Council was called to order at 7:48 p.m. by Mayor Nee. �EDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None PRESENTATION OF PROCLAMATION: FAIR HOUSING MONTH - APRIL, 1989 Mr. Hunt, Assistant to the City Manager, read a proclamation proclaiming April, 1989 as Fair Housing Month in the City of Fridley. Mayor Nee urged the citizens of Fridley to join in this observance with the Anoka County Community Housing Resource Board and the Anoka County Board of Realtors by taking an active part in programs sponsored by these organizations who are taking an active role in helping make Fridley a better place to live and work. Mr. Don Weeding, representing the Anoka County Board of Realtors, accepted this proclamation from Mayor Nee. Mr. Weeding thanked Mayor Nee and the Council members for this proclamation. APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY 27, 1989: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING, MARCH 6. 1989: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �RIDLEY CITY COUNCIL MEETING OF MARCH 20. 1989 PAGE 2 ADOPTION OF AGENDA: Mayor Nee stated it has been requested that Item 10 be deleted from the agenda. MOTION by Councilman Fitzpatrick to adopt the agenda, with the deletion of Item 10. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no business. PUBLIC HEARING• response from the audience under this item of 1. �UBLIC HEARING ON A VACATION. SAV #89-01. BY WDBH REALTY COMPANY FOR NORTHTOWN NISSAN: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:53 p.m. Mr. Robertson, Community Development Director, stated this property is located on University Avenue between 77th and 79th Avenues surrounded by commercial zoning on the north, south, and east sides and by heavy industrial on the west side. He stated the request is the vacation of a 30 foot street easement located along the east property line. Mr. Robertson stated this property has been the subject of a series of consolidation of lots and street vacations. He stated the City vacated part of the easement in 1987 and retained a 30 foot street and utility easement. He stated this request was part of seven stipulations attached to the Northtown vacation in October, 1988. He stated the idea was all parts of the Northtown vacation were to be one tax parcel. Iie stated this has not been executed and should be done as a stipulation to this vacation, if approved. Mr. Robertson stated the existing utility easement should be retained and a drainage easement added. Mr. Robertson stated the Planning Commission recommended approval of this vacation request with the following three stipulations: (1) the parcels shall be combined into one tax parcel prior to final adoption of the ordinance authorizing the vacation; (2) the easement for utility purposes shall be retained as currently described; and (3) the petitioner shall execute a 30 foot drainage FRIDLEY CITY COUNCIL MEETING OF MARCH 20 1989 PAGE 3 easement to �he City for the same location. No persons in the audience spoke regarding this proposed vacation. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearinq closed at 7:56 p.m. MOTION by Councilman Billings to direct staff to prepare an ordinance for first reading grantinq this vacation with the stipulations recommended. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS: 2. CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-15, BY COMMUNITY DEVELOPMENT CORPORATION: Ms. Dacy, Planning Coordinator, stated this item was tabled by the Council at the February 13 meeting to give staff an opportunity to further investigate the use of exterior construction materials. She stated a letter has been received from Mary Gabler, Director of Development for the Community Development Corporation, outlininq their response to the different types of construction materials and implications for future renters. Ms. Dacy stated Community Development Corporation felt an all brick building would look too much like an institution and the H-shape would also have to be changed. She stated they have indicated wood siding is not acceptable because of the constant maintenance. Ms. Dacy stated as pointed out in Ms. Gabler's letter, four different alternatives were outlined. She stated one is replacing the aluminum siding with wood siding; replacing the rock face block with brick (to the first floor window sills); replacing the aluminwn siding with wood siding and replacing the rock face block with brick; and providing an all brick exterior. Ms. Dacy stated Community Development Corporation would like to maintain their original recommendation for the exterior finish which consists of rock face block to the first floor windows, with a combination of stucco and aluminum siding. She stated they believed the shape and design of the materials are acceptable for that particular neighborhood. Councilwoman Jorgenson asked if a sample of the exterior materials were brought to the meeting this evening. Ms. Gabler stated they have photographs of buildings with similar � • � • r� � • ��' � materials sv the Council can get an overall feelinq of the building. Ms. Gabler stated she wished to reiterate some of the points in her letter. She stated the alternative of providing brick up to the first floor windows would add about $13 per month to the rent for each unit and, in turn, may increase the minimum income of people moving into the building. She felt it would have an extensive effect on the building and residents living there. Councilman Schneider asked Ms. Gabler if they would be requesting assistance from the Housing and Redevelopment Authority and in what area. Ms. Gabler stated they are waiting for the Senior Housing Study to be completed. She stated they expect, however, their request for assistance to the HRA will be in the land write-down. Mr. Culligan, Boarman and Associates, presented several photos of housing structures and a commercial .building. He stated the American Lung Building in St. Paul has rock face block and brick and similar to the material they are proposing. He stated the rock face block is a product that can be tinted or dyed to pick up on the brick or stone materials. He stated rock face block was developed as a substitute to stone. Mr. Culligan also presented a photo of Victoria Place, a two-story apartment complex with a brick face and aluminum siding. He stated the building reflects a clean, crisp image and has an improved aluminum siding. Mr. Culligan stated the aluminum sidinq provides for a maintenance free exterior and eliminates the costs for painting every several years and the potential of an eyesore for adjoining neighbors. He felt the aluminum siding lends itself to a more residential standard. He pointed out that the Village Green Townhouses, across from City Hall, also have aluminum siding. Mr. Culligan stated the photo of the all brick building located along 35E was more appropriate along a freeway and not in a residential area. Mr. Culligan stated they feel what is appropriate is rock face block to the first floor windows, with a combination of aluminum siding, above the rock face block, and stucco. Councilwoman Jorgenson stated the building is more attractive on the photos than what she had anticipated. Councilman Billings stated he felt this project will have a tremendous impact on the City, however, he was prepared to move for approval, if any of the other Council members did not have any objections. Councilman Billings felt if the Council requests a FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1989 PAGE 5 brick building, it is almost sending a message to the HRA that they want them to participate in the project. He pointed out this project may be competing with development of senior housing in the southwest corner of Mississippi and University. He felt the HRA would not want to provide funding for projects that are contrary to the long term plans of the City; however, the results have not been completed on the Senior Housing Study. MOTION by Councilman Billings to qrant Special Use Permit, SP #88- 15, subject to second and final reading of the rezoning ordinance, and with the following stipulations: l. The applicant shall submit a storm water management plan at the time of building penait application. 2. The applicant shall comply with the conditions of approval for the lot split application. 3. The applicant shall record restrictive covenants dictating that the project is for the elderly only and is not an apartment building to be rented to the general public. The covenants shall be reviewed and approved by the City Attorney's office prior to recording. 4. A revised landscape plan shall be submitted at the time of building penait application, containing the following changes: (a) Japanese Greenleaf Barberry Hedge along the front parking area shall be installed and maintained at a height of 3- 4 feet and spaced at 1-1/2 - 2 feet; (b) All trees shall be balled and burlapped. No tree spaded Evergreens wil� be permitted; (c) Street trees shall have a 2-1/2 inch caliper. The Cranberry trees shall have a 1-3/4 inch - 2 inch caliper and the shrubs shall have a 2 foot or 5 gallon pot; (d) In order to accomplish consistent screening along the rear lot line in compliance with Section 205.09.07.B, the applicant shall install one of the three combinations of fencing and landscaping: (i) install an eight foot privacy fence with five Silver Maples; (2) install a continuous Spruce Evergreen planting of ten foot trees at 10 - 15 foot spacing; (3) install and maintain a hedge at minimum 6- 8 feet of Techny Arborvitae, Upright Juniper or Amur Maple spaced at 1-1/2 - 2 feet. 5. The applicant shall install an underground lawn sprinkling system to maintain all lawns and landscapinq on the property. 6. All parking areas shall be striped and shall be lined with concrete curb. 7. Park dedication fees shall be paid at time of buildinq permit � application. ,: r �� ;;,, FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1989 PAGE 6 Seconded by Councilwoman Jorgenson. Councilman Schneider stated his concern is there is very little developable land left in the City and the Council has pushed very hard for quality construction and brick buildings. He stated perhaps the rock face block is as good as brick, but he did have some concern that this may affect future projects. He stated he would support the motion, but with reservations. Councilwoman Jorgenson questioned the rents for these units. Ms. Gabler stated the rents would be around $500 per month for a one bedroom unit. She stated one factor that could affect this figure is the interest rate for their financing. Ms. Gabler stated the market study revealed that the rents would have to be kept between $500 to $800 for these units. She stated if they could not come within these figures, she would be uncomfortable in this market area. Ms. Gabler stated they want to keep the rents as affordable as possible. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS: IiUMAN RESOURCES COMMISSION: MOTION by Councilwoman Jorgenson to nominate LeRoy Oquist, 1011 Hackmann Circle N.E., for appointment to the Human Resources Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the appointment of LeRoy Oquist to the Human Resources Commission. MOTION by Councilwoman Jorgenson to nominate William Campbell, 1011 Center Circle N.E., for appointment to the Human Resources Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the appointment of William Campbell to the Human Resources Commission. PARKS AND RECREATION COMMISSION: MOTION by Councilman Schneider to nominate Dick Young for reappointment to the Parks and Recreation Commission for a three year term beginning April l, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the � ¢,-;:' ry,;,. °j `� � FRIDLEY CITY COUNCIL MEETING OF MARCH 20 1989 PAGE 7 reappointment of Dick Young to the Parks and Recreation Commission. Councilman Schneider stated a letter was received from Tim Solberg, 6210 Rice Creek Drive, a 12 year resident of Fridley who has indicated his interest in serving on the Parks and Recreation Commission. MOTION by Councilman Schneider to nominate Tim Solberq, 6210 Rice Creek Drive, for appointment to the Parks and Recreation Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the appointment of Tim Solberq to the Parks and Recreation Commission. HOUSING AND REDEVELOPMENT AUTHORITY: MOTION by Mayor Nee to nominate Larry Commers for reappointment to the Housing and Redevelopment Authority for a five year term beginning June 9, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Larry Commers to the Housing and Redevelopment Authority. CABLE TELEVISION COMMISSION: MOTION by Councilman Schneider to nominate Duane Peterson for reappointment to the Cable Television Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Duane Peterson to the Cable Television Commission. POLICE COMMISSION: MOTION by Councilman Fitzpatrick to nominate Mavis Hauge for reappointment to the Police Commission for a three year term beginning April 1, 1989. There being no�further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Mavis iiauge to the Police Commission. APPEAIS COMMISSION: MOTION by Councilman Billings to nominate Diane Savage for reappointment to the Appeals� Commission for a three year�term beginning April 1, 1989. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1989 PAGE 8 There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Diane Savage to the Appeals Commission. ENERGY COMMISSION: MOTION by Councilman Schneider to nominate Dean Saba for reappointment to the Energy Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Dean Saba to the Energy Commission. MOTION by Councilman Schneider to nominate Bruce Bondow for reappointment to the Energy Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Bruce Bondow to the Energy Commission. ENVIRONMENTAL OUALITY COMMISSION: MOTION by Councilman Fitzpatrick to nominate Paul Dahlberg for reappointment to the Environmental Quality Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Paul Dahlberg to the Environmental Quality Commission. MOTION by Councilman Schneider to nominate Steven Stark for reappointment to the Environmental Quality Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Steven Stark to the Environmental Quality Commission. NEW BUSINESS: 4. CONSIDERATZON OF FIRST READING OF AN ORDINANCE AMENDING SECTION 4.06 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, stated this amendment is proposed as it was found that the Charter was in conflict with State election laws. He stated a similar conflict occurred in 1984 which led to the amendment of this section in 1985 to bring it into �'RIDLEY CITY COUNCIL MEETING OF MARCH 20� 1989 PAGE 9 conformity with State election laws at that time. He stated since the State election laws do change from time to time, and these statutes supercede the Charter, it seems best to remove the specific requirement of the number of days and replace it with more general terminology to coincide with State statutes. MOTION by Councilman Fitzpatrick to waive the first reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF FIRST READING' OF AN ORDINANCE APPROVING A �ZEZONING, ZOA #88-04, BY COMMUNITY DEVELOPMENT CORPORATION: Ms. Dacy, Planning Coordinator, stated staff would recommend the first reading of this rezoning ordinance, however, the second and final reading of the ordinance would not be held until the conditions of the lot split and special use permit have been satisfied. MOTION by Councilman Billings to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF ELIMINATING A CONDITION OF APPROVAL OF VAR �88-26, BY STYLMARK, INC., 6536 MAIN STREET N.E.: Ms. Dacy, Planning Coordinator, stated Stylmark, Inc. was granted a variance on November 15, 1988, with four stipulations. She stated one of the stipulations was that the applicant submit a landscape plan to the City staff for review and approval prior to issuance of a building permit. She stated the plan was to increase the existing parking lot screening from public right-of-way and the landscaping was to be installed by June 1, 1989. Ms. Dacy stated prior to the meeting this evening, the staff inet with Mr. Brink and Mr. Mooty regarding the parking lot landscaping. She stated the original intent was to provide landscaping in front of the parking lot on the south side and on the southeast corner of the property to screen the loading dock. Ms. Dacy stated Mr. Mooty objected to the landscaping between the parking lot and the frontage road because the road is only used for the school bus traffic in the mornings and afternoons and because the parking lot cannot be seen from the traveled right-of-way of Mississippi Street. Ms. Dacy stated staff agreed that the landscaping in this area could be waived, however, screening should be installed near the loading dock to meet the ordinance requirements. She stated as you drive along the service road, there is a full view of the loading FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1989 PAGE 10 dock. Ms. Dacy stated several options were discussed for screening, however, the area is used by their employees for recreational purposes and they do have a concern about maintenance. She felt if three evergreens were planted to the northeast of the Stylmark sign, it would help break up the view of the loading dock. Ms. Dacy stated Mr. Brink, President of Stylmark, wished to meet with the Council to request this stipulation be waived. Mr. Brink stated they have always maintained a nice facility for the past 29 years they have been in business. He stated additional plantings would increase maintenance time and costs in mowing and trimming around the base of the three trees. Mr. Brink stated they have spent two years in fine tuning the sprinkler system so that there are not any dry spots in the lawn. Mr. Brink stated you cannot eliminate the fact that there is a parking lot there regardless of what is done. He stated he would hate to maintain a fence and hedge. Mr. Brink stated there are only about nine residences on the street as they own all the property to the north. He stated the loadinq dock is not their main loading area and is really their shop parking lot. He felt the installation of the three trees, as recommended by staff, would cause problems with maintenance and they would have to start relocating sprinkler heads. Councilman Fitzpatrick stated he would agree that planting three trees is not going to totally screen the parking lot. He stated he is convinced Mr. Srink cares about the appearance of his property and is dedicated to properly maintaining the aesthetics. MOTION by Councilman Fitzpatrick to waive stipulation No. 2 of variance request, VAR �88-26, approved on November 15, 1988. Seconded by Councilwoman Jorgenson. Councilman Schneider stated he would agree the property is well- maintained. He asked Mr. Brink if he was not aware of the stipulation when the variance was approved. Mr. Brink stated he was unable to attend the meeting when the variance was granted. He stated he was under the impression the landscaping plan was left open and did not realize additional screening of the parking was required. UPON A VOICE VOTE TAI�N ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 7. CONSIDERATION OF AMENDING MPCA SUBSTATE AGREEMENT FOR THE MOORE LAKE RESTORATION PROJECT; AND FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1989 PAGE 11 RESOLUTION NO. 32-1989 AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY: Mr. Flora, Public Works Director, stated the amendment to the Substate Agreement for the Moore Lake Restoration Project has been received. He stated this amendment formally executes a completion date for December 31, 1989, and modifies some of the payments for the approved items. He stated the Mayor needs to execute the agreement on behalf of the City in order to collect funds from the State. Mr. Flora stated he would recommend Council adopt this resolution authorizing the Mayor to execute the amended Substate Agreement. MOTION by Councilman Schneider to adopt Resolution No. 32-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF APPROVING AND CORRECTING CHANGE ORDERS NO. 1. 2 AND 3 FOR THE FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT NO. 189: Mr. Flora, Public Works Director, stated there are a number of change orders for the Municipal Center Improvement Project that were individually approved by the City Manager. He stated Change Order No. 1 consists of proposal requests No. 1 through 4 and No. 8 through 12 for a total cost of $16,570 involving roof, column and structural modifications. Mr. Flora stated Change Order No. 2 is proposal request No. 5 for a total cost of $8,975 to support the necessary conduit for increased lighting and surveillance within the parking ramp desired by the Housing and Redevelopment Authority. Mr. Flora stated Change Order No. 3 consists of proposal requests No. 7, 14, 15, 16, 18, 19 and 22 for a total cost of $21,157 and combines some fire station revisions and tile changes. MOTION by Councilman Schneider to approve Change Order No. 1 for $16,570; Change Order No. 2 for $8,975; and Change Order No. 3 for $21,157 for the Municipal Center Improvement Project No. 189. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF CHAI3GE ORDER NO. 6 FOR THE FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT NO. 189: Mr. Flora, Public Works Director, stated this change order consists Of pI'OpOS31 requests NO. 17� 26� 32� 34� 37� 39� 40� 43� 44� 46� 47, 56, 60 and 63 for a total cost of $39,826.72 and work orders No. 1901 to 1923 (except 1914) for a total of $12,309.71. FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1989 PAGE 12 Mr. Flora stated the proposal requests are initiated by the Architect and the work orders initiated by the Project Manager and staff, as a means of expediting the work in progress. He stated the work orders have been included in this change order as a formal identification of the costs and the work being accomplished. Mr. Flora stated in a meeting held today, it was found that proposal request No. 63 for the elevator shaft rework should be eliminated, therefore, this cost of $650 should be subtracted from the $39,826.72 proposal request figure for a total change order amount of $51,486.43. MOTION by Councilman Fitzpatrick to approve Change Order No. 6 for $51,486.43 for the Municipal Center Improvement Project No. 189. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF RECEIVING BIDS AND AWARDING THE CONTRACT FOR LAKE POINTE DEVELOPMENT MAINTENANCE PROJECT NO. 187: This item was deleted from the agenda. 11. CONSIDERATION OF RECEIVING BIDS AND AWARDING THE CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 1989-10 (SEALCOAT�: Mr. Flora, Public Works Director, stated three bids were received for this sealcoat project. MOTION by Councilman Schneider to receive the following bids for Street Improvement Project No. ST. 1989-10 (Sealcoat): Allied Blacktop 10503 89th Avenue North Maple Grove, MN 55369 Astec Corporation P. O. Box 1025 St. Cloud, l�i 56302 Bituminous Roadways 2825 Cedar Avenue South Minneapolis, I�IId 554b7 $ 99,806.58 $104,667.61 $112,734.89 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated Allied Blacktop was the low bidder and staff would recommend the contrct be awarded to them for this project. MOTION by Councilman Schneider to award the bid for Street Improvement Project No. ST. 1989-10 (Sealcoat) to the low bidder, FRIDLEY CITY COUNCIL MEETING OF MARCH 20 1989 PAGE 13 Allied Blacktop in the amount of $99,806.58. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. GONSIDERATION OF RECEIVING BIDS AND AWARDING THE CONTRACT FOR �989 MISCELLANEOUS CONCRETE CURB GUTTER AND SIDEWALK PROJECT: Mr. Flora, Public Works Director, stated seven bids were received for this miscellaneous concrete curb, gutter and sidewalk project. MOTION by Councilman Fitzpatrick to receive the following bids: Gunderson Brothers 2325 Snelling Avenue Minneapolis, MN 55404 Standard Sidewalk 3346 Washington Avenue No. Minneapolis, 1�1 55412 Lindahl & Carlson, Inc. 1821 University Ave., #245 St. Paul, MN 55104 Halvorson Construction 4227 165th Avenue N.E. Anoka, MN 55304 Adcon, Inc. 16191 Round Lake Boulevard Andover, NIIJ 55304 HRS Construction 18140 Fenway Avenue North Forest Lake, MN 55025 Ron Graves Contracting 10400 Bass Lake Road Plymouth, MN $ 35,295.00 $ 35,380.00 $ 35,395.00 $ 36,378.00 $ 56,500.00 $ 57,840.00 $108,435.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated the low bidder was Gunderson Brothers and staff recommends the contract be awarded to them. MOTION by Councilman Schneider to award the bid for the 1989 Miscellaneous Concrete Curb, Gutter and Sidewalk Project to the low bidder, Gunderson Brothers in the amount of $35,295. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1989 PAGE 14 13. RESOLUTION NO. 33-1989 SUPPORTING MOTOR VEHICLE EXCISE TAX jMVET) FUNDING FOR STREET CONSTRUCTION: Mr. Flora, Public Works Director, stated the 1989 Legislature is considering a bill to transfer the existing Motor Vehicle Excise Tax (MVET) from the Highway User Distribution Fund to a Highway Transportation Study Fund which predominately supports Light Rail Transit. He stated, currently, 30 percent of MVET monies are turned over for highway uses. He stated of that 30 percent, 25 percent goes to transit studies and 75 percent to the State, counties, and cities for distribution. Mr. Flora stated this bill would eliminate the MVET Highway User Fund and that portion transferred directly to the Minnesota Department of Transportation for State trunk highways and eliminate the distribution funds to the counties and cities. Mr. Flora stated his resolution requests 100 percent of MVET funds be provided to the Highway User Distribution Fund and the sunset clause be eliminated so that revenues will continue to be distributed to the counties and cities. Mr. Flora stated a good portion of the City's MSA monies come from MVET funds. MOTION by Councilwoman Jorgenson to adopt Resolution No. 33-1989. Seconded by Councilman Fitzpatrick. MOTION by Councilman Schneider �to amend the above resolution by adding the words "transit funding and" in the 8th paragraph, line 3, after the first "to"; and in the same paragraph, line 4, substituting the words "transportation systems'� instead of "streets and highways". Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A�(JICE VOTE TAI�N ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 34-1989 OPPOSING THE TESTING SURCHARGES PROPOSED BY THE MINNESOTA DEPARTMENT OF HEALTH: Mr. Flora, Public Works Director, stated the Department of Health is sponsoring a bill for funding of public water supply monitoring. He stated the Health Department is proposing to add 15 new positions to support the various water analyses that are being prescribed by the EPA and the Department of Health. Mr. Flora stated the proposal is to require an annual fee of $3.20 for each water service connection in the City to be collected by the City and submitted to the! Health Department to fund their �'RIDLEY CITY COUNCIL MEETING OF MARCH 20. 1989 ___PAGE 15 activities. -He stated in Fridley's case, this would be in excess of $30,000 per year. He stated the City can have the water tested for a much lower cost and felt it was inappropriate for the Department of Health to increase their staff at the City's expense. Mr. Flora stated this resolution requests the State Legislature support either a continuation of funding through the General Fund or some other method that assesses the actual cost of the testing to each municipal system being tested. MOTION by Councilman Schneider to adopt Resolution No. 34-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 35-1989 AUTHORIZING THE PO5TING OF "NO PARKING" SIGNS ON BOTH SIDES OF UNIVERSITY AVENUE WEST SERVICE DRIVE jM.S.A.S.341) IN THE AREA OF THE TURNING LANE IMMEDIATELY NORTH OF 83RD AVENUE: MOTION by Councilman Fitzpatrick to adopt Resolution No. 35-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 36-1989 IMPOSING LOAD LIMITS ON PUBLIC STR�ETS AND HIGHWAYS IN THE CITY: MOTION by Councilman Schneider to adopt Resolution No. 36-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 37-1989 IN SUPPORT OF CHILDREN'S AGENDA: MOTION by Councilwoman Jorgenson to adopt Resolution No. 37-1989. Seconded by Councilman Fitzpatrick. Councilman Billings questioned the legislation reqarding the Children's Agenda. Councilwoman Jorgenson stated the three bills were offered by Representative Wayne Simoneau and is something that has been considered over the last several years. She stated the leqislation addresses a sliding day care arrangement and sets aside funding for crises and care of our children. Councilwoman Jorgenson stated she has seen the three bills and would support this legislation as she did not feel there would be any duplication of services. Councilman Billings stated he wondered how this legislation, if passed, would be funded. Councilwoman Jorgenson stated funding would be appropriated by the State Legislature. FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1989 PAGE 16 Councilman g'illings asked if it would be totally funded by the State. Councilwoman Jorgenson answered in the affinaative: UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 18. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF JANUARY 30, 1989: MOTION by Councilman Schneider to receive the minutes of the Charter Commission meeting of January 30, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. CLAIMS• MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 25272 through 25487. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 20. LICENSES: MOTION by Councilwoman Jorqenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. ESTIMATES• MOTION by Councilman Schneider to submitted: Layne Minnesota Company 3147 California� Street Mir►neapolis, MN 55418 approve the estimates as Repair & Maintenance of Wells 6, 8, & 11 - Project No. 186 FINAL ESTIMATE - WELL #6. . . . . . . . . $7,462.20 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �DJOURNMENT• MOTION by Councilman Schneider to adjourn the meetinq. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 20, 1989 adjourned at 9:18 p.m. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1989 PAGE 17 Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor nrI lJ MEMO TO: WILLIAM W. FROM: WILLIAM C. SUBJECT: DATE: BURNS , Y MANAGER �F �� � . HUNT; STANT TO THE STAFF PERSON'FOR �r CITY MANAGER CHARTER COMMISSION PUBLIC HEARING FOR PROPOSED AMENDMENT TO SECTION 4.06 OF THE FRIDLEY CITY CHARTER FEBRUARY 9, 1989 Section 4.06 of the Fridley City Charter sets for nominating a candidate for election to the other things it establishes a window for petitions. Currently, these are to be filed hundred thirty (130) days nor less than one before the general election. . . ." forth the procedures City Council. Among filing nomination "not more than one hundred (100) days In 1988 this was found to be in conflict with state election laws which superceded this provision. A similar conflict occurred in 1984 which led to the amendment of this section in 1985 to bring it into conformity with the state election laws at that time. Since the state election laws do change from time to time, and since these new statutes supercede the Charter when they are in conflict, it seemed best to the Charter Commission to remove the specific requirement of so many days and replace it with more general terminology which would not have to change as the state laws change. The new sentence in Section 4.06 reads as follows: All nomination petitions shall be filed with the City Clerk in accordance Minnesota State Statutes. The Fridley Charter Commission approved this amendment at its meeting of October 24, 1988, and voted to submit it to the Fridley City Council on January 30, 1989. On behalf of the Fridley Charter Coaunission I request that you present this amending ordinance to the Fridley City Council and request them to set a public hearing on the proposed amendment for the Council meeting to be held on March 6, 1989. _ ORDINANCE NO. AN ORDINANCE AMENDING SECTION 4.06 OF THE FRIDLEY CITY CHARTER THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLIAWS: SECTION 4.06. NOMINATIONS BY PETITION. The mode of nomination of all elective officers provided for by this Charter shall be by petition. The name of any eligible voter of the City shall be printed upon the ballot whenever a petition as hereinafter prescribed shall have been filed in that person's behalf with the City Clerk. Such petition shall be signed by at least ten (10) registered voters qualified to vote for the office in question. No elector shall sign petitions for more candidates than the nwnber of offices to be filled at the election. Should such a case occur, the signature shall be void as to the petition or petitions last filed. Al1 nomination petitions shall be filed with the City Clerk in accordance with Minnesota State Statutes. Each petition, when presented, must be accompanied by a five dollar ($5.00) filing fee. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3rd DAY OF April , 1989. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK Public Hearing: March 6, 1989 First Reading: March 20, 1989 Second Reading: Publications: 1A Ci�RTER COt�T+1ISSI0N N�TING. OCTOBgt 24, 1988 Ms. Hendley asked haw t1�e Catmission m��bers felt abait the G drawing this fran ti� City Camcil and preparing tA put it � Mr. Stouffer stated the Cannission has started a process, c�tinue that process and let the Cauicil make a decision n � with- 'they sh�uld way ar the other. Mr. Betzold stated if the Council does not vote to appr , for whatev�er reason, then the prq�sed amendment must go to the wters. I should probably be on the ballot for the Nove�er I989 election. That wo d be a city wide election. It would be folly to txy to call a special electi in April, so they essentially hav�e ane year. If the noanal prooesses are in ace and the Council wtes srn�e time in January 1989, it was his sugges ' to wait a� see what the Council c3oes . t1r. van Dan stated he wauld feel a littl uneasy if they were forcing the issue to a special election, because they txying to increase particiPatio� in an electoral prooess. The Counciln�i�e are elected by the peonle, and the Charter Cannissian members are not, so they should let the Council prevail first on their vwn timeline and the ssion can wait and see what happer�s. :�ION by Mr. Stouffer, by Dir. van Dan, to oontinue the process for proposed Charter amer�dments the City Council, and that the Charter Ca�ussiori review this issue on a mee g-to-meeting basis. UPON A VOICE VOTE, AL,L ItJG A�, CF�,IltPE�2.SON iiEP�LEY DDCLAF�a TI� MQTION CA�Ftm UI�NIl�IiOtJSLY. 2. O�NSIDERATION OF 3. F(�Ft D'�IDERSHIP IN Z'HE Ci�I'ER COI'�MISSION: Ms. Hendley sta she had talked to John Sillman who has lived in Fridley since 1979. He is Coordinator for the Fridley Volunteer Service for the seniors and low ' peonle. He is n�ow retired a�nd has irxiicated he w�ould be willing to sexve Charter Crnmissian. Fie will submit a letter expressirx� his interest sezving. The C 'ssion n��bers stated they would wte to send Mr. Sil]man's name to the J ge after receipt of the letter. I3unt stated he hq�ed to find out the p�ure, if arry, for reducing the of the Chart�er Crnmission members by the rsext meeting. OONSIDII2ATION �' SEX.TIC�V 4.06, N(MIl�►TI(�iS BY PETITION: Mr. Hunt stated that at the last meeting, t�ir. Betzold m�de a mc�tion reoortmending same language for discussion and adaptioai by the Charter Catmission. MO�PION by Mr. Staiffer, secayded by Mr. Oquist, to reaffirm t1�e n�tiai made on Septgnber 26, 1988, to r�nd that Sectian 4.06 of the �Yidl�y City Charter - be amended as follaas: Sentenoe 6, beginning with "All nanination petitions..." be deleted ar�d replace�d with the follvwi�g wording: "All nanination titions shall be filed With the City Clerk in acoordanc.�e with e e ectio� aws estab�li e�Miru�esota State Statutes . " 1B 1C CF.AirI'II2 OOt�MISSION P'�T�]G, OC.�SER 24, 1988 PAGE 5 L�t ON A VOICE V0�1�, AT�L VC)TING AYE, �ERSON I�"I�DLEY DDCL�►RFD Tf� MU'TION CARRIFD U�NANIlM((7[1SLY. Mr, van Dan stated that in loaking at the w�rding of the trotion, he did not like the w�ord� "established", and felt it should be replaced with a more appropriate word. To him, the word "established" means a basic, first time, nailed down fact, and this is not the case. It should be replaced with "regulated" or "contained in Minnesota State Statutes". r�arzoN � r�r. Nelson, seoond�ed by Mr. van Dan, to reoPen discussion on Co"�n.sideratioa�► of Sectio� 4.06, Naninations by Petition" . UPON A VOICE VOTE, AId, V(7TIl1G AYE, Q�A.IRPE�t.SON F�TDLEY DDCLARID Tf� MO'PION CARRIFD LJI�NIlNCXJSLY. MOTION by Mr. Stc�uffer, seconcied by Mr. Betzold, to change the wording in the a o�m�tio� ar�d that sentence 6 of Sectioai 4.06 of the Fridley City Charter be amended as follaas: "All rxmination petitions shall be filed with the City Clerk in accon3ance with Minnesota State Statutes." IIPON A VOICE VOTE, ALL VO�TING AYE, CfmIRPER.SON iiE1�DLE'Y D�I�Ai2ID TE� MO�TION CARR� LTIQA.'�IIl`9C)iJSZY. 4. CONSIDF�2AT�ON OF SDLTION 4.07, I�SII�.TING PETTTIONS (FORhg1T) : Mr. Hunt stated that at the last meeting, the CaRnission voted to refer the consideration of Section 4.07 to the City Attorney and tiye Charter Ca�ussion Attorney for drafting the apprapriate language to make Sectirn 4.07 conform with State Statutes. He stated this has not yet been dane. This iten was oontinued until the next meeting. 5. CONSIDF�iP,TION C�' PREPARATION OF ArIl�JAL RE�ORT IN CCP'SPLIANCE k�TH MINNE•SOR'A 3TAZU'I'ES, 410.05, SU�. 2: Mr. Hunt stated it had oane to his attenti� that the Comnission has been out of c�pliance with this State Statute requirenent to sutmit an annval report to the chief judc�e of the district oourt on ar before Dec. 31 of each year. MQ►TICJN by Mr. Stauffer, secor�ded by Mr. Oc;uist, to submit an annual report to the chief judge of the district court on or before Dec. 31 of each year; the annual report to vonsist of the past year's minutes of the Charter C�nission meetings, along with a oover letter signed by the C�airperson indicating this is the annual report and citing State Statute 410.05, S�abd. 2. Mr. Hunt stated the November minutes w�uld not be aPpr�ved b'Y the Chart�r Crnmissian until t�ir Januaxy meeting, and the annual report was to be subn�itt�ed on a calerxiar year basis. Ms. Hendley stated she did not think the mirnites had to be appiwed minutes, and the Nav�ember minutes aauld be submitted along with the rest of the year's minutes. MINNESOTA STATUTES 1988 2�S.11t MUMC7PAI. EI.ECi70lVS 472� 205.11 MS 1957 [Repealed, 1959 c 67S art 13 s lj 205.11 MS 1982 �[Repealed, t983 c 62 s 12] 205.12 MS 1957 (Repealed, 1959 c 67S art l3 s IJ 205.12 MS 1974 (Repealod, 1976 c 44 a 70] 20S.lZl NOMINA'I'ING PEI'1TIONS; CITIES OF FI�t.ST CLASS; SIGNATIJI�tFS. A nominating petition 61ed on be5alf of a candidate for municipal o�a in a city of the first class shall be signed by eligible voten who maintain residena in the election disuict from which the candidate is to be elected. The number of sigaers shall equal 500, or two percent of the totai number of individuals who voted in the municipality. ward, or other election district at the last preceding municipal generat tlection, which- ever is greater. History: 1981 c 29 a�t 7 s 9 205.13 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 205.13 CANDIDATF.S, FII.ING. Subdivision 1. Atbda�it oi caodidac�. Not moc+e thaa (1) eight nor less than su weeks in the case of a_ town, or (2) aot more than tea no� ku thaa ei�ht wceb. in the case of a citY. before the munici�l pciioaty, or befon the muaicipal general etection if there is ao municipal primary, an individual w6o is eligibte and desira to become a candidate for an of6ce to be voted for at the election shall ble aa afCidavit of candidacy a+ith the municipal clerk. The a@'idavit s6aU be in substantially the same form as that in section 204B.06, subdivision l. The municipal clerk shall also accept an application signed by not less than 6ve voters and &led on behalf of an eligiWe voter in the municipality whom they daire to be a candidate, if servia of a copy of the application has been made on the candidate and proof of servia is endorsed on the application being 61ed. Upon receipt of the proper 61ing fee, the clerlc shall placx the name of the candidate on the official ballot without partisaa designation. The filing dates contained in this subdivision do not apply to any home rule charter city whose charter provida fo� eazlier filing dates. Subd. 2. Notia of 61in� data. At teast two weeks before the fint dsy to fik affidavits of candidacy, the municipal clerlc shall publish a notice stating the 6rst and last dates on which affidavits of candidacy may be filed in the clerlc's o6ice and the closing time for filing on the last day for filing. The clerk shall post a similar notia st least ten days before the 61st day w file a�davits of candidacy. Subd. 3. FiUnQ tees. Unless the charter of a city provida the amount of the fa for filing an application or a�'idavit of candidacy for city o�ce, the filinz fce for a municipal o�ce is as follows: (a) In first class cities, 520; (b) In second and third class citia, SS; sad (c) in fourth class citia and towns, S2. Subd. 4. Peddon in piaee o[ fas. A candidate for municipal o�a may 6k a petition in ptace of che filing fees speci6cd in subdivision 3. The petition shall mat the rcquiremenb of section 204B.1 t. subdivision 2. Subd. S. Nominstin= petitio� cides o( the Srst cl�ss. A nominatini petition filed on behalf of a candidate for municipa! oftia in a city of the 6rst clasa shall be si�ned by eligible voters who reside ia the etection district froan which the andidate is to be elected. The number of signen shall be at teast 500� or two peroent of the total aumber of individuals who voted in the municipality� ward, or other election district at the Isst prcceding municipal general election, whichever is ptiater. Subd. 6. WithdrawaL A candidate for a uiw►icip�l elective o�cx may arithdra�► from the clection by filin` aa affidavit of withdrawal with the municipal clerk by 12 �'J ��o m° mm c7 w m c �' y' m o � o Q � � M Of � � o 0 csf � � •� m aW`�° m � m � C � .p � m O Q m � C�0 C m O � `�U� e c 0 � � � C r � � � � � � � o �i iZO� �oo mm c� w m c «° o �o Q m Q � y �, C E � � aw"' � Y � O � � �O � Q m Q � CO •— � � � r- �ci � a°0o � � a � y � � � � �j N C Q � 'u.U� a� c ii O � 0 �o m � C'3 ttJ � a C O �M � m Q � O Q E m aW � Y m m m C��' 3 m o � � Qmo�Cn GD � ��� �oo u. U T c� c c � a, �iO� � � 1E �. � � MEMO TO: WILLIAM W. BURNS ITY MANAGERp�. ; FROM: WILLIAM C. HUNT,�� SISTANT TO THE CITY MANAGER SIIBJECT: WATER CONSERVATION AMENDMENT TO CITY CODE DATE: MARCH 17, 1989 Last year's drought called attention to the Sprinkling Control section of the water ordinance (City Code, Ch. 402.27j. There was general agreement that the section should be reviewed for possible amendment before the growing season. After discussion with you and the Department Heads I have drawn up a draft of an amendment which addresses concerns raised last year. As drafted, the amendment leaves restrictions on water consumption up to the Council which can establish regulations appropriate to the situation by resolution. Depending on the circumstances, it might be best to restrict sprinkling to odd and even days, to certain specific hours of the day, or to some combination of both. Also, the publicity surrounding the Council resolution would help get the message to the residents and businesses of Fridley in the event of the necessity for regulation of water consumption. Perhaps the attached draft can serve as a focus for Council discussion and further direction so that staff can prepare the appropriate amending ordinance. 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 402.27 OF THE FRIDLEY CITY CODE PROVIDING FOR THE ESTABLISHMENT OF WATER CONSERVATION REGULATIONS THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES HEREBY ORDAIN AS FOLLOWS: 402.27 //SPRINKLING CONTROL// WATER CONSERVATION In order to ensure an adequate water supply for human sanitary purposes, and fire fighting purposes, //water regulations shall be in effect each year from May 15 30, both inclusive, as follows: consumption, conservation to September No person, fina or corporation whose premises is assigned an odd numbered house number of address shall use water from the municipal system for the purpose of lawn sprinkling or irrigation of other vegetation except on odd numbered calendar days. No person, firm or corporation whose premises is assigned an even numbered house number or address shall use water from the municipal system for the purpose of lawn sprinkling or irrigation of other vegetation except on even numbered calendar days. The City may impose additional emergency regulations by resolutions of the Council and by givinq notice by publication thereof or by posting in the City Hall and such places as the Counci`1 may direct.// the Citv Council mav establish by resolution water conservation regulations as thev mav be required from time to time. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 2A � � cinroF F��� DATE: TO: FROM: SUBJECT: C011MIiUNITY DEVELOPMENT DEPART'MENT MEMORANDUM March 31, 1989 j�, � L ,�a � William Burns, City Manager �• Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator Approve Resolution Authorizing Signature of the Final Plat, Glacier Park Addition, API Supply Company � At the March 6, 1989 meeting, the City Council approved the subdivision request for API Supply Co. at 5110 Main Street N.E. subject to two stipulations. Attached is the resolution authorizing the Mayor and City Manager to sign the plat. Approval is reconunended. BD/dn M-89-156 , � 3 3A RESOLUTION NO. - 1989 A RESOLUTION APPROVING PLAT, P.S. #8$-03, GLACIER PARK COMPANY ADDITION WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #88-03, on January 25, 1989 and recommended approval; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their February 27, 1989 Council meeting and approved the Plat at their meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #88-03, with the stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Plat as prepared by Lot Survey's Company Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 3B Exhibit A GLACIER PARK COMPANY ADDITION P.S. #88-03 STIPULATIONS 1. Park fee for Lot 2 shall be paid at the time a building permit is issued. 2. A bikeway/walkway easement shall be conveyed to the City and recorded by August 15, 1989. � 6 � � . � ... •� � � t�t- � � E ���D . t ��� ..�L ` �e = ` .� � �;; . • j ` � Et= ' t f� . e �, f�- � P . S . 4� 88-03 API Supply Co. 3� ' � �E �� � E� ai � i ��.���E��� j !-.; �i F s��� rr j E�:���if r;��� :: �� �� �� i � =s i t i i=g='� � � �� ���� � • . ��� � �{ _$� ������PE ���p � E � �- - IA �} y M O I` • N \ ` � � W C � � � � y G � I I I 1� 1= ,� � �� � �-� � 0 r z � ti � ` � SITE PLAN _� �� <'� � -�pc-c i� M � �;; a: 1 i n r � : _ � 1 r _ 4 CITY OF FRIDLBY PLANNINQ� COMMISSION ME$TINti, MARCS 2�� 1989 ----------------------------------------------------------------- CALL TO ORDER• Chairperson Betzold called the March 22, 1989, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Donald Betzold, Dave Kondrick, Sue Sherek, Alex Barna, Paul Dahlberq Members Absent: Dean Saba Others Present: Barbara Dacy, Planning Coordinator Steven Barg, Planning Assistant Michele McPherson, Landscape Intern Teri Nelson, 2735 Brighton Ave. N.E., Mpls. - representing Jim Bowe Greg Asproth, 7178 University Avenue N.E. Ty Wilson, 7178 University Avenue N.E. Garland Lagesse, 7951 Broad Avenue N.E. Charles Glossop, 505 Highway 69 N., Plymouth Tom, Sheldon, & Barbara Aj ax, 92 - 4 3 rd Ave . N. E. APPROVAL OF FEBRUARY 22 1989 PLANNING COMMISSION MINUTES: MOTION by Mr. Harna, seconded by Ms. Sherek, to approve the Feb. 22, 1989, Planning Commission minutes as written. UPON A VOICE VOT$, ALL VOTINQ AYS, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. l. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT,_SP #88-02, BY JIM BOWE: Per Section 205.24.04.D of the Fridley City Code to allow the construction of a single family dwelling in the Flood Fringe District on property located on Lots 13, 14, and 15, Block M, Riverview Heights, the same being 7919 Broad Avenue N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and to open the public hearing. . l -1- 4A PLANNING COMMI88ION MEETING. MARCH 22. 1989 0 DPON A VOICE VOTB, ALL VOTING AYE, CHAIRPERSON BET20LD DECLARED T88 MOTION CARRIED IINANIMOIISLY AND THS PIIBLIC HEARIN(� OP$N AT 7:32 P.M. Ms. Dacy stated this property is located in the northeast corner of Buffalo Street and Broad Avenue N.E. At this time, this portion of Buffalo Street east of Broad Avenue is what is known as a"paper right-of-way" meaning it is on the plat books but is not constructed out in the field. Cheryl Street to the north is also a paper right-of-way. Ms. Dacy stated the lot totals 9,350 sq. ft. The special use permit is being�requested to construct a single family home within the flood fringe district. It will be a split level home with a tuck-under garage and an unenclosed deck on the south side of the house. Ms. Dacy stated this lot was the subject of a special use permit app2ication in 1981 by a previous owner. That special use permit was very similar, if not almost identical, to the proposed plan and was approved by the City in 1981. Ms. Dacy stated the property is subject to both the O-1 (Overlay District) regulations and the R-1 (Residential District) regulations. The parcel size and lot width meet the R-1 regulations, and the O-1 regulations contain the flood plain regulations required by the Federal Emergency Management Association which dictates that the elevation of the building must be 1 ft. above the flood elevation level. The Department of Natural Resources (DNR) has confirmed with staff that the lowest flood elevation in this area is 822 . 9 ft. , so the lowest ground floor of the building must be at 823.9 ft. The regulations also state that this elevation must be maintained for 15 ft. around the building. Ms. Dacy stated another section of the O-1 regulations states that vehicular access to the home should not be less than 2 ft. below the flood elevation. The elevation of Broad Avenue is at approximately 816 ft., well below the 823 ft. lowest ground floor elevation. The DNR representative advised that in the alternative, the City impose a stipulation for an evacuation plan which would mandate that the homeowner would vacate the premises upon notification by the City of an imminent flood. Since the site is above flash flood level, the City would know about a flood 2-3 weeks ahead. -2- PLANNING COMMISSION MEETING, MARCB 22. 1989 Ms. Dacy stated staff is recommending the Planning Commission recommend approval to the City Council, subject to the following stipulations: 1. A grading and drainage plan shall be submitted along with the buiZdinq permit application. 2. The lowest floor elevation must be•at 823.9 ft., and the elevation must be maintained for 15 ft. around the structure. 3. 4. The unenclosed deck is allowed to encroach no more than eight feet into the City easement. The homeowner shall agree to vacate 'the premises upon information by the City of an imminent flood. Mr. Betzold stated the first 3 stipulations were rather easy to monitor, but he did not think the. fourth stipulation is enforceable. It was his concern that at some future time, either this owner or a new owner might end up suing the City for allowing the house to be built in a flood plain. He thought it might be better to have a covenant signed by the homeowner protecting the City for allowing a home to be built in a known flood plain. Maybe the City Attorney should look at that as a viable stipulation. Mr. Barna agreed. Mr. Dahlberg also agreed. He felt it is inappropriate to build in flood plains; and in this instance, the City should be indemnified entirely. Ms. Teri Nelson stated she is representing the property owner, Mr. Bowe, who is out of town. She stated Mr. Bowe would like to increase the unenclosed deck from 8 ft. by 24 ft. to 12 ft. by 24 ft. Ms. Dacy stated Mr. Flora, the Public Works Director, had no concerns with the construction of the 8 ft. deck into the easement, so she would have to review the new size with Mr. Flora. She did not think there would be any problem. - Ms. Nelson stated Mr. Bowe is willing to abide by any stipulations the City feels are appropriate. Mr. Garland Lagesse, 7951 Broad Avenue, stated stipulation #2 (that the elevation must be maintained for 15 ft. around the structure) is a concern to him as far as drainage. If the property is built -3- 4B PLANNING COMMISSION MEBTINa. MARCH 22. 1989 up all around the drain but onto his in 1981, and at incorporated into happening. structure, there is no place for the water to property. He stated he expressed this concern that time, he was told something could be the special use permit to prevent that from Ms. Dacy stated that is the purpose of a grading and drainage plan (stipulation #1) and that was a condition for the 1981 special use permit also. It is 27 ft. from the property line to the edge of the house, so a drainage plan can be designed to direct the run- off either to the street or to another part of the property so as not to cause flooding on adjacent properties. Ms. Dacy stated stipulation #1 is saying the grading and drainage plan shall be submitted along with the building permit application. If that plan is not acceptable to the City Engineering Department, then a building permit would not be issued. Mr. Lagesse asked what assurance he and other property owners had that this construction would not go forward without a proper drainage plan to keep the run-off off their properties. Mr. Dahlberg stated the typical drainage arrangement on any given parcel of land is that no new development shall alter the drainage such that it would change the drainage pattern and/or quantity of water flowing from that parcel. If the water on this parcel currently flows onto Mr. Lagesse's property, by means of this definition, even with any drainage plan developed for this property, there is still the ability for water to continue to drain onto Mr. Lagesse's property, but that amount cannot increase by any modifications to the property. Mr. Barna stated he would be concerned that the grading and the adding of fill to bring the lot up to the 823.9 ft. height might be done before the building permit is issued. Then, if for some reason, the petitioner never builds beyond that point, the height of the lot would create a drainage problem to surrounding properties. He would be more comfortable with saying the grading and drainage plan must be submitted before final approval of the special use permit. This would insure that an approved drainage plan is in the hands of the City staff and engineers before. anv work can be done on the lot. Mr. Lagesse stated several people have wanted to build on this lot before, and for whatever reasons, they had not done so. It is his preference that nothing can be done to the lot until a grading and drainage plan is submitted and approved. That would seem to satisfy the interest of both the developer and him. -4- 4C 4D PLANNING COMMISSION MEBTINa, MARCH 22. 1989 Mr. Betzold asked if Mr. Lagesse had any objection to the City Council approving the special use permit first before the drainage plan is submitted and approved. Mr. Lagesse stated he would not object as long as there is no problem with the drainage. Ms. Nelson stated Mr. Bowe has owned this lot for a long time, and he just wants to be able to build on it. He cannot sell the lot the way it is now. He will follow whatever guidelines the City sets forth in order to make the lot usable. He is not under any time restraints. Mr. Lagesse stated it is not his intention to stop Mr. Bowe's development of the lot. He just wants to know what is going on and to protect his property. • Mr. Lagesse asked when this item will go to City Council. Ms. Dacy stated that this item wiZl ga to the City Council on April 3. However, if the Planning Commission recommends a stipulation that the grading and drainage plan must be submitted and approved before final approval, then it will have to be postponed depending on how long it takes for the petitioner to get the plan done. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTINt3 AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 8:05 P.M. Mr. Barna stated that, as he had stated earlier, he would be more comfortable with the grading and drainage plan being submitted and approved before the issuance of the special use permit. Ms. Sherek stated she did not think the City Council has the expertise to decide whether or not a drainage plan is a good plan. That is the job of the City engineers. She did not think they needed to postpone this item until a grading and drainage plan is submitted. Why can't the City Council act on the special use permit, but then not allow staff to issue any permits until the City engineers have approved the grading and drainage plan? And, since there is a concern on the part of a neighbor about the drainage, a stipulation should be added to specifically address the surrounding property owners' properties since the elevation of Mr. Bowe's property will be so different from the other lots in the area. -5- 4E PLANNINQ COMMISSION MEETING, MARCH 22, 1989 MOTION by Ms. Sherek, seconded by Mr. Barna, to recommend to City Council approval of Special Use Permit, SP #89-�2, by Jim Bowe, per Section 205.24.04.D of the Fridley City Code to allow the construction of a single family dwellinq in the Flood Fringe District on property located on Lots 13, 14, and 15, Block M, Riverview Heights, the same being 7919 Broad Avenue N.E., with the following stipulations: 1. A gradinq and drainage plan shall be submitted an - approved prior to any alteration of the land and the issuance of the building permit. The grading and drainage plan shall specifically address the effects on surrounding properties. 2. The lowest floor elevation must be 823.9 feet or higher and the elevation must be maintained for 15 feet around the structure. 3. The unenclosed deck is allowed to encroach no more than 12 feet into the city easement. 4. Prior to the issuance of the building permit, the property owner shall sign a covenant to be recorded at the County releasing the City from any liability for issuance of this special use permit. IIPON A YOICE VOTB, ALL VOTINC; AYE, CHlIIRPER80N BETZOLD DECLARED TH8 MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated this item will go to City Council on April 3. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #8�-03. BY GREG ASPROTH: Per Section 205.07.O1.C.4 of the Fridley City Code to allow the expansion of University Avenue Billiards to install additional billiard tables and arcade games in a tenant space adjacent to the existinq facility on Lot 4, 5, and 6, Block 1, Paco Industrial Park, the same being 7178 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Barna, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE � ALL VOTINQ AYE, CHAIRPERSON BETZOLD DECLARED THS MOTION CARRIED IINANIMOUSLY AND THS PIIBLIC HEARING OPEN AT 8:15 P. M. -6- PLANNING COMMISSION MEETING, MARCH 22, 1989 __— Mr. Barg stated University Avenue Billiards was granted a special use permit in 1988, SP #88-02, allowing them to operate a commercial recreational use in the Rice Creek Business Center. The business is located on the northeast corner of this complex. Mr. Barg stated that presently University Avenue Billiards occupies Bays 4 and 5 totalling 5,186 sq. ft. They are proposing to expand into Bay 6 which is 2,650 sq. ft. in area. The current operation allows for billiard tables, video games, and a snack bar. The petitioner is proposing to add 11 billiard tables and 5 video games. Mr. Barg stated when SP #88-02 was discussed by the Planning Commission and City Council, the two main concerns were the parkinq problems at the Rice Creek Business Center and the possibility of misconduct-related problems. Mr. Barg stated that as far as the second concern, the Police Department did not express any problems with the business and did not seem to object to any expansion. Mr. Barg stated that regarding the parking situation, the concern from staff's point of view is that when the original special use permit was approved in 1988, 125 parking spaces were required to meet the tenants' needs, and the Rice Creek Business Center provided 166. Since that time, additional vacant tenant space has been leased to both new and existing tenants, increasing the total number of parking spaces necessary to 142. The proposed expansion to University Avenue Billiards dictates the need for 17 parking spaces. If the special use permit is approved, the business center would need 159 parking spaces, leavinq 7 spaces for use by tenants of the one remaining tenant space. If the tenant space was divided 50/50 between office and warehouse use, that would require exactly 7 spaces. So, the parking requirement would be met; however, it is noted in the stipulations that it is important to keep track of the change in usage in the Center because any change to more office/retail from warehouse could require more parking spaces. Mr. Barg stated, in addition, 20 parking spaces along the north side of the Rice Creek Business Center are shared under an agreement with U.S. Swim & Fitness. These spaces, which allow only after-hours parking for fitness club members, are counted as part of the 166 parking spaces provided by the Center. Mr. Barg stated that with the expansion, 52 spaces would be allotted for University Avenue Billiards. This seems to exceed the number of spaces needed as the University Avenue Billiards business �� -7- 4F PLANNING COMMISSION MEETINQ, MARCB 22, 1989 is heaviest during the eveninq hours and on weekends when the other businesses are not operating. Mr. Barg stated staff is recommending the Planning Commission recommend approval of the special use permit with the following stipulations: 1. The petitioner shall sign and enforce curfew for minors. 2. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3. The petitioner shall patrol parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on premises. 5. The development owner shall notify city of future additions/expansions in vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. 6. The special use permit shall be reviewed by City Council at the first meeting in August 1989 or sooner if the City determines there is a management problem which requires further restrictions or removal. Mr. Betzold asked how they could assure that the development owner would notify the City of future additions/expansions in vacant building space (stipulation #5). , Mr. Barg stated he has spoken to the development owner and they are agreeable to this. Maybe they could require that the development owner sign an agreement stating they are agreeable to this requirement. Mr. Dahlberg stated the parking requirements for Bays 1- 6 totals 72 which is nearly half of the total parking requirement for the entire Center. If that is the total requirement for those six bays on the north end of the building, what is the implication on the tenants for Bays 7, 8, and 9? Do they have assigned spaces as well? Mr. Barg stated University Avenue Billiards is the only tenant that has specified parkinq spaces other than U.S. Swim & Fitness. -8- 4G PLANNING COMMISSION MEETING, MARCH 22. 1989 Ms. Dacy stated half of the 72 spaces are supposedly for University Avenue Billiards, and during the day those spaces are not occupied by University Avenue Billiards. Mr. Barg stated with the proposed expansion, 52 of those 72 spaces are allotted to University Avenue Billiards, but University Avenue Billiards' peak use is later in the day. • Mr. Kondrick stated that by allowing the expansion to University Avenue Billiards, the development owner is essentially doing so at the risk of another business requiring more spaces. Mr. Barg stated that is why staff wants to monitor the additions/ expansions of vacant tenant space. Ms. Dacy stated the retail and office uses require special use permits, so the City can monitor it that way too. Mr. Asproth stated their business has just gone through one year. They have found that during the day Monday through Friday (Friday being a little busier) their business might have 7-10 cars at 4:00- 5:00 p.m. By 6:00-7:00 p.m., they might have 15-20 cars. He stated University Avenue Billiards is open 11:00 a.m. to 2:00 a.m. on weekdays, and 11:00 a.m. to 4:00 a.m. on weekends. Mr. Betzold asked if University Avenue Billiards would like any additional signage designating certain parking stalls for this business after 6:00 p.m., mainly because of the parking problems U.S. Swim & Fitness has. Mr. Asproth stated that even during their busiest time in the evening, they have not had any problem with U. S. Swim & Fitness members. Mr. Betzold asked if there seems to be a parking problem during the day for other tenants, because certain spaces are designated for University Avenue Billiards. Mr. Asproth stated there has been no problem. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICB VOTB, ALL oOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. -9- 4H 41 PLANNING COMMISSIOH ME$TING, MARCH 22. 1989 Mr. Dahlberg stated he is still somewhat concerned about the parking. He wondered if it was appropriate for the Planning Commission to ask the development owner to make sure the other tenants are satisfied and are not going to have problems with customers and/or employees for parking, even during off-business hours. The fact that the number of cars for University Avenue Billiards and U.S. Swim & Fitness during the off-peak hours could add to a lot of parking along the north and east side. Maybe the Planning Commission should suggest that the development owner post some signs designating certain parking spaces in front of the other tenants, particularly Bays 7, 8, and 9, so those tenants are assured of available parking spaces. Ms. Sherek asked if other tenants were notified of this special use permit. Ms. Dacy stated they were not. The public hearing notices go to the property owners, not to tenants. Mr. Dahlberg asked Mr. Asproth if he had discussed his special use permit application with adjacent tenants. Mr. Dahlberg stated if the landlord communicates well with the other tenants, there probably won't be any problems. He did not think the Planning Coinmission should try to impose regulations and requirements that are probably not necessary. He just wanted to express his concerns about the parking situation. MOTION by Mr. Dahlberg, seconded by Mr. Kondrick, to recommend to City Council approval of Special Use Permit, SP #89-03, by Greg Asproth, per Section 205.07.O1.C.4 of the Fridley City Code to allow the expansion of University Avenue Billiards to install additional billiard tables and arcade games in a tenant space adjacent to the existing facility on Lot 4, 5, and 6, Block 1, Paco Industrial Park, the same being 7178 University Avenue N.E., with the following stipulations: 1. The petitioner shall sign and enforce curfew for minors. 2. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3. The petitioner shall patrol parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on premises. -10- PLANNING COMMISSION MEETING, MARCH 22. 1989 5. The development owner shall notify city of future additions/expansions in vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. 6. The special use permit shall be reviewed by City Council at the first meeting in August 1989 or sooner if the City determines there is a management problem which requires further restrictions or removal. OPON A VOICS VOTE, ALL VOTIN(i AYL� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANZMOIISLY. Mr. Betzold stated this item will go to City Council on April 3. 3. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT�__SP #89-04, BY GREEN MASTERS INDUSTRIES: Per Section 205.17.02.C.11 of the Fridley City Code to allow exterior storage on part of Lot 6, Auditor's Subdivision No. 39, the same being 92 - 43rd Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to waive the reading of the public hearinq notice and to open the public hearing at 8:45 p.m. IIPON A VOICE VOTB, ALL VOTIN(� AYE, CHAIRPERSON BETZOLD DECLARED THB MOTION CARRIED IINANIMOIIBLY. Ms. Dacy stated this property is located south of and adjacent to 43rd Avenue, just west of the intersection of Main Street. The property totals .83 acres. The site is currently zoned M-1, light industrial, and is bounded by light and heavy industrial districts on all sides. A portion to the southeast of the property is zoned R-1, residential, according to the City zoning map, but the parcel is owned by the railroad company and is vacant at this time. Ms. Dacy stated the existing building on Tool & Die. They are currently operating but the business was started prior to requirements for exterior storage. the site is used by Ajax an outdoor storage area, any special use permit Ms. Dacy stated Green Masters Industries wants to locate in the building and use the outside area around the building for storage of their landscaping materials and various types of vegetation. -11- 4J 4K PLANNING COMMISSION MEETINQ. MARCH 22. 1989 Staff discussed with them some improvements to brinq the property into conformance with performance standards and to provide for screening of the outdoor storage. Ms. Dacy stated the site is well screened from adjacent land uses. The property to the east has a significant earthen berm. The existing mature oak trees screen the Northern Pacific Railroad property on the south and west sides of the property. Ms. Dacy stated staff is recommending the Planninq Commission recommend approval to the City Council of SP #89-03 with the following stipulations: 1. The parking area shall be paved and lined with B6-18 concrete curbing as depicted on the site improvement plan included in the staff report dated March 22, 1989. 2. The parking area shall maintain a five foot side yard setback from the east lot line and a 20 foot front yard setback. 3. The petitioner shall install four, eight foot evergreens in the newly created front setback area. 4. The height of the storage bunkers shall extend two feet above the highest item to be stored within the bunkers. The bunkers shall not exceed eight feet in height. 5. The parking lot shall be striped for at least 20 parking spaces. 6. The dumpster shall be enclosed with an appropriate screen on at least three sides of the dumpster. 7. Prior to occupancy, the petitioner shall submit a drainage plan to be reviewed and approved by the Public Works Department. 8. The petitioner shall provide a letter of credit or performance bond in the amount of the improvements prior to initiation of construction. Improvements shall_ be completed by September 1, 1989. 9. Landscape materials and construction vehicles shall be stored in the rear yard area. -12- PLANNING COMMISSION MBETIN(�, MARCH 22. 1989 Mr. Dahlberg asked if anything has been suggested as to how the petitioner will utilize the back portion of the southwest portion of the site as far as accessing the storage bunkers. Mr. Charles Glossop, the President and owner of Green Masters Industries, stated they are going to have to provide a drainaqe area off the parking area goinq to the rear of the property anyway. They will put in a low lying curb over which to drive trucks to the back storage area, and this low lying curb will also act as the drainage. It will be a class 5 surface. Mr. Betzold asked if Mr. Glossop had reviewed the stipulations. Mr. Glossop stated he had reviewed the stipulations with Ms. Dacy, and the stipulations were not a problem. � Mr. Kondrick asked if Mr. Glossop would be storing any chemicals on the site. Mr. Glossop stated there would be no chemicals stored outside. There would be dry granular fertilizer (10-12 tons at any one time) stored in bags. There would also be a couple of 30 or 55 qallon drums of chemicals, and they are regulated by the EPA and the State Department of Agriculture on how they are to store these chemicals. None of these chemicals will be outside. Mr. Dahlberq questioned why B6-18 concrete curbing is necessary along the parking area. That seemed excessive for a parking lot. Ms. Dacy stated she could discuss this with Mr. Flora, Public Works Director. Mr. Sheldon Ajax stated he is the owner of the company presently occupying the site. He stated they have been in business in Fridley for a little over 33 years, during which time they had outside storage. They kept the storage orderly and never received a complaint from the neighbors. Ms. Dacy stated Mr. Ajax will be relocating his business to another location in Fridley. MOTION by Mr. Kondrick, seconded by Mr. Barna, to close the public hearing. OPON A VOICE VOTE, ALL VOTIN(i AY$, CHAIRPERSON BETZOLD DECLARED THE POBLIC HEARIN(i CL03ED AT 8:55 P.M. , -13- 4L 4M PLANNING COMMISSION MEBTING. MARCH 22. 1989 MOTION by Mr. Kondrick, seconded by Mr. Barna, to recommend to City Council approval of Special Use Permit, SP #89-04, by Green Masters Industries, per Section 205.17.02.C.11 of the Fridley City Code to allow exterior storage on part of Lot 6, Auditor's Subdivision No. 39, the same being 92 - 43rd Avenue N.E. 1. The parking area shall be paved and lined with B6-18 concrete curbing as depicted on the site improvement plan included in the staff report dated March 22, 1989. 2. The parkinq area shall maintain a five foot side yard setback from the east lot line and a 20 foot front yard setback. 3. The petitioner shall install four, eight foot evergreens in the newly created front setback area. 4. The height of the storage bunkers shall extend two feet above the highest item to be stored within the bunkers. The bunkers shall not exceed eight feet in height. 5. The parking 1ot shall be striped for at least 20 parking spaces. 6. The dumpster shall be enclosed with an appropriate screen on at least three sides of the dumpster. 7. Prior to issuance of a certificate of occupancy, the petitioner shall submit a drainage plan to be reviewed and approved by the Public Works Department. 8. The petitioner shall provide a letter of credit or performance bond in the amount of the improvements prior to initiation of construction. Improvements shall be completed by September 1, 1989. 9. Landscape materials and construction vehicles shall be stored in the rear yard area. OPON A VOICB VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THB MOTION CARRIED IINANIMOIISI.Y. _ Mr. Dahlberg stated that prior to the City Council meeting, he would like staff to check with the Public Works Department regarding the B6-18 concrete curbing in stipulation #1. If B6-12 curbing insufficient, it could save the petitioner some money. -i�t- 4N PLANNING COMMI88ION MEETIN(3, MARCH 22. 1989 4. CONSIDERATION OF A LOT SPLIT L S #89-01. BY WARD AND PAMEI�i NYBERG• To split off the north 151 feet of Lot 4, Auditor's Subdivision No. 22, to create a separate parcel for a single family house. MOTION by Mr. Kondrick, seconded by Mr. Barna, to table L.S. #89- 01, until the petitioners can be present. . OPON A VOICB VOTE, ALL VOTING AYE, CHAIRPER30N BETZOLD DECLARED THB MOTION CARRIED IINANIMOIISLY. 5. CONSIDER AMENDING SIGN ORDINANCE TO PERMIT SIGNS IN CENTRAL AVENUE N.E. RIGHT-OF-WAY: Ms. Dacy stated the City Council discussed this after their March 20th meeting. It is the Council's direction that the City should not amend the ordinance, and that staff work with Sandy's Restaurant on an alternative for signage. The Council is concerned about setting a precedent for other property owners along that same street. MOTION by Mr. on this item Ordinance not right-of-way. Kondrick, seconded by Mr. Barna, to take no action given the City Council's direction that the Sign be amended to permit signs in the Central Avenue UPON A VOICE VOTB, ALI� VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 6. RECEIVE FEBRUARY 9 1989 HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the Feb. 9, 1989, Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYB� CBAIRPERSON BETZOLD DECLARED T8E MOTIOPJ CARRIED IINANIMOIISLY. 7. RECEIVE FEBRUARY 28 1989, APPEAIS COMMISSION MINUTES: MOTION by Mr. Barna, seconded by Mr. Kondrick, to receive the F'eb. 28, 1989, Appeals Commission minutes. IIPON A VOICE VOTE � ALL VOTIN�3 AYE, CHAIRPERSON BETZOLD DECLARED TH8 MOTION CARRIED IINANIMOIISLY. -15- PLANNING COMMISSION MEBTING, MARCH 22. 1989 8. RECEIVE FEBRUARY 28 1989 ENVIRONMENTAL QUALITY COMMISSIONLENERGY COMMISSION MINUTES: ' MOTION by Mr. Dahlberg, seconded by Mr. Kondrick, to receive the Feb. 28, 1989, Environmental Quality Commission/Energy Commission minutes. IIPON A VOIC$ VOTB, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED T88 MOTION CARRIED IINANIMOIISLY. Mr. Dahlberg stated he would like to have a brief discussion regarding the possible merging of the two commissions. Mr. Betzol merging of Commission. Commission. Commission the chairs add certai d stated the City Council had wondered what effect the the two commissions would have on the Planning The City Council would not like to see the Planning They would actually like to see the Planning membership increased to 7 members--maybe in addition to of the members commissions, appoint at-large members to n expertise to the Commission. Mr. Dahlberg stated the Commissions will be discussing this again at their March 28th meeting. It was determined that a discussion with the Planning Commission shouldn't necessarily be a deciding factor as to whether or not they should combine the two commissions. He stated one question had been that if the City Council wants a Planning Commission of 6-7 members, and if the two commissions merge, where do they get those extra members? The City Council has resalved they would get those members by means of creating at-large positions, so that is not an issue. Mr. Dahlberg stated the biggest issue is that the Envirorunental Quality Commission and the Energy Commission have similar concerns and issues with respect to energy and environmental quality and having the two commissions meet jointly has worked out very nicely. It saves at least one day per month for staff time. Mr. Dahlberg stated they have looked at different options. One option is having a regular single meeting each month and then having the two groups still defined as far as their interests (energy and environmental quality) meeting separately at another time, because the meetings do get to be quite long with the �two groups meeting together at the same time. Mr. Dahlberg stated he would welcome any recommendations from the Planning Commission. -16- suggestions or 40 4P PLANNING COMMISSION MEETINQ, MARCH 22. 1989 __ Mr. Betzold stated the Environmental Quality Commission is beginning to become one of the more important commissions with all the environmental issues today. He�stated he did see the need for more than 5 members on the Planning Commission, and maybe this is something the Planning Commission should discuss. If the Environmental Quality Commission and Energy Commission decide to stay as two commissions, then the City Council could appoint one at-large member. If the Environmental ¢uality Commission and Energy Commission merge, then the City Council could appoint two at-large members. It would probably be up to the Planning Commission to tell the City Council what type of expertise was needed on the Planninq Commission. If the two commissions do merge, he was sure the City Council would not want to lose either Mr. Dahlberq or Mr. Saba. Ms. Dacy stated she thought 7 members was a good number for the Planning Commission. There wouldn't be the ability for a tie vote, and there is the opportunity for more input. A number of other communities' Planning Commissions have 7 members, and it seems Planning Commissions are generally larger than City Councils. Mr. Barna stated he thought 7 Planning Commission members was a good idea. As the community gets older, there is the opportunity for more re-development and re-construction. Mr. Kondrick stated there are issues coming before the Planning Commission in increasing numbers and increasing importance, and there is going to be the need for more input from the Planning Commission to the City Counci2. The negative side, of course, is that with more members, the meetings get longer because there is more discussion. He was not opposed to a 7 member Planning Commission, but representation from both the Environmental Quality Commission and the Energy Commissions is very important. Mr. Dahlberg stated the two commissions will be discussing this again on March 28th, and hopefully they can resolve this issue one way or the other. 9. RECEIVE MARCH 9 1989 HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to receive the March 9, 1989, Housing & Redevelopment Authority minutes. IIPON A VOICB VOTL, ALL VOTINQ AY$, CHAIRPBRSON BETZOLD DECLARED THS MOTION CARRIED IINANIMOIISLY. ADJOURNMENT: -17- PLANNING COMMI88ION MEETINQ, MARCH 22. 1989 MOTION by Mr. Kondrick, seconded by Ms. Sherek, to adjourn the meeting. Upon a voice vote, all votinq aye, chairperson Bet$o2d declared the March 22, 1989, Pianninq commission meetinq a3journed at 9:20 p.m. Res ectfully submitted, Lyn Saba Recording Secretary -18- 4Q � � G1YOF fRtDLEY C011/tMUNI"i'Y DEVELOPMENT DEPARTMENT MEMORAN DC,[M DATE: March 28, 1989 �� TO: William Burns, City Manager � .� FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator Approval of a Special Use Permit, SP #89-02, Jim Bowe � Attached is the staff report for a special use permit to construct a single family home in the Flood Fringe District of the Mississippi River at 7919 Broad Avenue N.E. The Planning Commission recommended approval of the request, subject to four stipulations. It is recommended that the City Council concur with the Planning Commission recommendation. BD/dn M-89-149 � � V � STAFF REPORT APPEALS DATE CI�O� PLANNIVG COMWSSION DATE ; March 22, 1989 � Fit! DLEY CtTY COI�VqL DATE � Apr i 1 3, 19 89 AUTHOR BD / dn REQUEST PERMIT NUMBER APPLiCANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENStTY PRESENT ZONING ADJACENT LAND USES 8t ZONqVG �E$ PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIL!'TY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL con�o�ariorus STAFF RECOMMEl�ATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENOATION SP ��89-02 Jim Bowe To construct a single family home in the flood frige district of the Mississippi River. 7919 Broad Avenue N.E. (Lots 13, 14 and I5, Block M, Riverview Heights). 9,350 square feet. N/A R-1, Single Family North, R-1, Single Family; South, R-1, Single Family; East, R-1, Single Family (vacant); West, R-1 Single Family Municipal services available to the site. Paid at time of building permit. N/A Yes Yes Parcel is within flood fringe district; City has obtained flood control easement along the southern portion of the property. Approval with stipulations. 4S 4T Staff Report SP #89-02, Jim Bowe Paqe 2 REQUEST The petitioner, Jim Bowe, is requesting special use permit approval to construct a single family home within the flood fringe district of the Mississippi River flood plain. The property is subject not only to the R-1 district regulations, but also to the O-1 Overlay District. The O-1 District contains the flood plain regulations required by the Federal Emergency Management Association. The flood fringe area of the flood plain is adjacent to the floodway, which is the primary area required to carry or discharge a regional flood (in this case, the Mississippi Riverj. The zoninq map outlines the edge of the flood fringe area based on the information provided by the Food Insurance Rate Map (see attached). The O-1 District regulations identify the flood fringe area as CRP- 2 and the floodway as CRP-1. BACKGROUND On September 16, 1981, the Planning Commission recommended approval of a similar request for a home on the same parcel, subject to submission of a drainage plan and subj ect to the petitioner working with City staff to ensure proper drainage and proper location of the house on the property. On September 28, 1981, the City Council approved the special use permit based on the recommendation from the Planning Commission. The property owner at that time, Dale Hadtrath, subsequently sold the property. The petitioner, Jim Bowe, now owns the property. ANALYSIS The proposed structure is a split level home with a tuck under garage, to be located approximately 40 feet from the Broad Avenue N.E. right-of-way line. The survey also indicates a right-of-way for Buffalo Street N.E. Buffalo Street is a paper right-of-way, but it has not been vacated. A creek meanders through the area platted as Buffalo Street. The easement along the south side of the property was acquired by the City in 1969 for flood control purposes, and is a permanent easement. The creek is part of the flood fringe area. _ The proposed location of the home on the lot meets the required R- 1 setbacks (note that Buffalo Street is interpreted as the front of the lot). The applicant also wants to construct an unenclosed 8' x 16� deck on the south side of the home. Past city policy on these types of structures within City easements is that the City Council can approve the interim encroachment of an unenclosed structure subj ect to review by the Engineering Department and other au Staff Report SP #89-02, Jim Bowe Page 3 affected utility companies. The Public Works Director has stated he has no concerns with the construction of the eight foot deck into the easement. The Department of Natural Resources indicated that the flood elevation in this area is 822.9 feet. The O-1 district regulations require the lowest floor elevation of the home to be constructed at 823.9 feet. Also, this elevation must be maintained for an area of 15 feet around the home (Section 205.24.5.A). Section 205.24.5.E of the O-1 District requires that vehicular access to the home should not be less than 2 feet below the flood elevation. The street elevation is approximately 816 feet. With the lowest floor elevation at 823.9 feet, it would be impractical to raise the street and driveway to 821.9 feet, especially since surrounding homes are significantly lower than the subject home. This was also not an issue with the 1981 application. The DNR representative advised that as an alternative, the City impose a stipulation for an evacuation plan which could simply mandate that the homeowner vacate the premises upon notification from the City regarding an imminent flood. The site is above the flash flood level. The City would most likely know about flood conditions well in advance (two to three weeks) in order to notify the affected homeowner. SUMMARY The proposed location of the home meets the setback requirements of the R-1 district. It must be constructed to meet the floodpZain regulations of the O-1 District and meet the requirements of the State Building Code. It should not have an adverse impact upon surrounding properties. The proposal does not confliet with any of the standards in the O-1 district. RECOMMENDATION Flanning staff advised the Planning Commission to recommend approval of special use permit, SP #89-�2, to construct a single family home on Lots 13, 14 and 15, Block M, Riverview Heights, based on the site plan included in the staff report and subject to the followinq stipulations: 1. A grading and drainage plan shall be submitted along with the buildinq permit application. 2. The lowest floor elevation must be at 823.9 feet and the elevation must be maintained for 15 feet around the structure. 3. The unenclosed deck is allowed to encroach no more than eight feet into the City easement. 4V Staff Report SP #$9-02, Jim Bowe Page 4 4. The homeowner shall agree to vacate the premises upon information by the City of an imminent flood. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the special use permit request, but made the following modifications to each of the stipulations: 1. submitted ='___ - ._ _LL "'_ _7 permit and the grading and drainage plan shall specificallv address the effects on surroundins properties. 2. The lowest floor elevation must be 823.9 feet or higher and the elevation must be maintained for 15 feet around the structure . 3. The unenclosed deck is allowed to encroach no more than 8' 12 feet into the City easement. 4. . Prior to the issuance of the buildinq Aermit the propertv special use permit. STAFF UPDATE The Planning Commission asked staff to verify with the City Attorney whether or not stipulation #4 could be required. The City Attorney advised that while this has not been done in the past, such a document can be prepared. The City Attorney's office will prepare the document to be signed by the petitioner. The petitioner's representative requested that the unenclosed deck be allowed to extend up to 12 feet into the City easement. The Planning Commission had no problem with this request if it.was acceptable with the City. The Public Works Director has advised that there should be no adverse impact from this request; however, the City Council (by separate motion) needs to approve an encroachment into a City easement. Therefore, a separate action item authorizing the 12 foot encroachment has been added to the agenda and stipulation #3 should be amended as follows: 3. The petitioner shall receive approval from the City Council to permit the deck to encroach into the City's easement. 4w Staff Report SP #89-02, Jim Bowe Page 5 CITY COUNCIL RECOMMENDATION It is recommended that the City Council approve special use permit request, SP #89-02, to allow the construction of a single family home in the Flood Fringe District subject to the four stipulations recommended by the Planning Commission, with a modification to stipulation #3 as follows: 3. The petitioner shall receive approval from the City Council to permit the deck to encroach into the City's easement. •IN�r�[• SP 4�89-02 Jim Bowe � �j �s u,c —. _ .-- .. _---.... . ., _ — i• � � So.nnO�t�n 89065t0 ' �•w•r�.r�,ar F,,,�....�,..� t..r . I ��o� w L�+I Srn..uy • Lu1 o4nwy GM Nod �. . � Swnw�tk. Mow�e�� Sl177 Certiiicate oi Survey ior � AL E�-1 A��R A� �{ �y� �� �� = sz2.� -� � _ �� � � ti �y I e`�'� `' ���� - �, �E�� �.��� 85.0 ' ' 25 30�.� � 3c:o � � , 3. 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Y��e { r..�aqv"i�it�� �'."!�'Ytw:�io �'1 ~. �-y'�Se ��jT 't �! : '� � �4 sd V�-�!.�J , t���� , � . �a5. � ._ . . _ . i:.. :a• ` . �� � •��i7 , � � T�. u a. yf �� r ♦ � i . � r�,/-i � �{ ', }, � � ` P,� � ._7.a". ��• � F ������ �, ^��R �► - -'�� � � �� ' �,. � - � T . �� ��� �� x e, .k�' :�.�-�� '�`9.�'"'�...x+� • 'id,� , , ,,l �1I' rr �1.. �r � --� r � .�♦. , ._ . � ... • .. . . �! ,'�, �r �' 7!� ' i �..f .���?'Lt�_}�'7e�1F��','�i.�;-.R.��s.�'��` .�� _ � i�iY�� ;�(i `� ��1 i ^' � _ `,� � ��' . .� `Q� 7w+, � tlfiL�*��iC� '�ii' � . . .. .__ .._ _.. _.__'.____—__._._ ___'_' �.1.��,.f�"..t+��J � � ci�nroF F��� DATE: TO: FROM: SUBJECT: C011liMUNITY DEVELOPMENT' DEPART'1V�ENT MEMORANDUM March 27, 1989 i%• � . William Burns, City Manager q�'• Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Approve Deck Encroachment into City Easement, Jim Bowe � As noted in the staff report for the special use permit, the petitioner is requesting Council approval to construct a 12 foot by 24 foot unenclosed deck on the south side of the proposed home. The City obtained an easement over the subject property in 1969 for flood control purposes. The Public Works Director has no problem with the proposed encroachment, but recommends the petitioner sign an agreement assuming responsibility for any costs of reconstruction should the City need to remove the deck. It is recommended the City Council approve the request to permit the encroachment of an unenclosed deck 12 feet into the City's easement subj ect to execution of a recordable agreement holding the City harmless for reconstruction costs. Said agreement shall be recorded prior to building permit issuance. BD/dn C-89-153 , � � UlYOF FRtDLEY C011I1MUNITY DEVELOPMENT DEPARTII/IENT. MEMORANDUM DATE: March 28, 1989 �� TO: Will iam Burns, City Manager �� FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Approval of Special Use Permit, SP #89-03, University Billiards Attached is the staff report for a special use permit for University Billiards, to allow the instaZlation of 11 billiard tables and five video games at 7178 University Avenue N.E. The Planning Commission recommended approval of the request subject to six stipulations. It is recommended that the City Council concur with the Planning Commission recommendation. BD/dn M-89-147 4FF _ � STAFF REPORT APPEALS DATE x/A ���� PLAN�WG COMINSSION DATE ; March 22, 1989 FIZIDLEY CI'TY COUN(�L DATE ��T�.�pq SB/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSRY PRESENT ZONING ADJACENT LAND USES � ZONING I�TL(TE$ PARK DEDICATION ANALYSIS FlNANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN CONIPAT�IUTY WITH Aa�acE�rr usES � zav� ENV�ONMENTAL CONSIDERATION3 STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENOATION SP ��89-03 University Billiards To expand commercial recreation use (permitted by SP 88-02) into adjacent vacant tenant space. 7178 University Avenue N.E. . Existing size - 5,186 square feet. Proposed expansion - 2,606 square feet (50.3%) N/A M-1, Light Industrial. North, C-2 (General Business); South, P(Public Facility); East, M-2 (Heavy Industrial); West, M-1 (Light Industrial). Available N/A N/A Yes Yes None Approval with stipulations. 4GG Staff Report SP #89-03 University Billiards Page 2 � REQUEST The petitioner, University Billiards, is proposing expansion of its operation at 7178 University Avenue N.E. into an adjacent vacant tenant space within the Rice Creek Business Center. This commercial recreational business exists in an M-1, Light Industrial, zoning district as the result of a special use permit issued in I988. BACKGROUND SP #88-02 was granted to University Billiards for the installation of billiard tables, an arcade and a snack bar in the Rice Creek Business Center. The two main concerns expressed by the Planning Commission and City Council at that time involved ensuring adequate parking facilities and minimizing possible misconduct (i.e. drinking, loitering, etc.). Eleven stipulations were attached to the permit. Ten of these were targeted toward promotinq a clean environment, free from misconduct-related problems. The other stipulation required that the development owner accept limitations on occupancy of remaining vacant tenant space if parking shortages resulted. The City Council reviewed this permit in July 1988 and agreed to discontinue four of the original stipulations due to management's exce2lent record of policing its operation and the fact that anticipated problems had not developed. Two months later, staff reviewed this permit and determined that the business was in full compliance with all of the stipulations. SITE Rice Creek Business Center (RCBC) is a 58,682 square feet multi- tenant building located on Lots 4- 6, Block l, Paco Industrial Park. It is currently used for a variety of office, commercial and warehouse purposes. University Billiards is located at the northeast corner of the building, and its 5,186 square feet space is used entirely for the business operation consisting of 17 billiard tables, five video games and a snack bar. The proposed expansion involves removal of a wa1Z and the addition of 11 billiard tables and five video games in the 2,606 square foot vacant unit directly south of University Billiards' present location. ANALYSIS The two major concerns regarding this proposal are those expressed in the original permit process: parking and possible misconduct- related problems. With respect to parkinq, RCBC provides 166 4HH Staff Report SP #89-03 University Billiards Page 3 parking stalls, of which 125 were required to meet tenants' needs following approval of SP #88-02. Since that time, additional vacant tenant space has been leased to both new and existinq tenants, increasing the total number of stalls necessary to 142. The proposed expansion of University Billiards dictates the need for 17 additional parking stalls. Thus, issuance of this special use permit would result in a requirement of 159 parking stalls, leaving 7 stalls for use by tenants occupyinq the remaininq vacant space in the future. In addition, 20 parking spaces along the north side of RCBC are shared under an agreement with US Swim and Fitness. These stalls, which allow only after-hours parkinq for fitness club members, are counted as part of the 166 parking spaces provided by RCBC (see attachment A for complete RCBC parking information). Although the numbers seem to suggest that approval of this expansion proposal could create a parking shortage, staff contends such a problem is unZikely for the following reasons: 1. The nature of University Billiards and RCBC's agreement with US Swim and Fitness increases the parking demand for evenings and weekends, at a time when RCBC's other tenants are closed. 2. With the additional parking stalls required for the expansion, a total of 52 spaces would be allotted for University Billiards. This number apparently far exceeds those necessary during even an exceptionally busy afternoon while other businesses are operating. 3. This expansion would reduce RCBC's remaining vacant space to a minimal amount, such that if it were used for office/warehouse purposes, full occupancy could be achieved while meeting all parking requirements. While future tenant turnover could produce an increased parking demand and make current parking facilities inadequate, it does not appear that a problem would be created by this proposed expansion. Staff does recommend that the situation be closely monitored if this permit is approved, so that future changes in RCBC's business make-up do not create parking shortages. As stated earlier, University Billiards has been very diliqent about complying with the requirements of SP #88-02. In addition, the Fridley Police Department has not experienced problems with this establishment and has not voiced any special concern regarding this proposed expansion. Staff believes that the management of University Billiards has demonstrated a firm commitment to runninq a problem-free operation and that, with the current stipulations (attached), the expansion can occur without causing a detriment to 4N Staff Report SP #89-03 University Billiards Page 4 the neighborhood or the community. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of SP #89-03 to allow the installation of 11 billiard tables and iive video games with the following stipulations: 1. The petitioner shall sign and enforce curfew for minors. 2. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closinq on Fridays and Saturdays. 3. The petitioner shall patrol parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on premises. 5. The development owner shall notify City of future additions/expansions in vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. 6. The special use permit shall be reviewed by City Council at the first meeting in August 1989 or sooner if the City determines there is a management problem which requires further restrictions or removal. Staff Report SP #89-03 University Billiards Page 5 PLANNING COMMISSION RECOMr�NDATION 4J.! The Planning Commission unanimously recommended approval of the special use permit subject to the six conditions recommended by staff with the following modification to stipulation #5: 5. The development owner shall notify the City of future additions/expansion in vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall aQree in writinq to accept this stipulation prior to the apvroval of the special use permit by the City Council. STAFF UPDATE Enclosed in the packet is the letter from the development owner, Winfield Development, agreeing to the amended stipulation #5 as directed by the Planning Commission. CITY COUNCIL RECOMMENDATION It is recommended that the City Council approve special use permit request, SP #89-03, to allow the installation of 11 billiard tables and five video games subject to the six stipulations recommended by the Planning Commission. 4KK Attachment A RICE CREER BUSINES5 CENTER PARKING SITUATION Sq. Ft. Breakdown Stalls Bay(s) Tenant Office Commercial Warehouse Required 1- 2 Bradford's 618 1,190 3,918 13 3 Vacant * 1,535 1,535 7 4 - 5 University Billiard's 6 Proposed Expansion 7 Budget Distributor 1/2 8 Preferred Temp. 1j2 8 & carpet 9 - 11 Design Center 12 - 13 Swimmin' Hole 14 - 17 Commers/ J-Comp 5,186 2,606 384 1,508 $86 1, 796 2,363 480 3,825 1,795 6,522 1,020 4,570 6,204 35 17 11 7 25 12 18 18 Pacesetters 2,529 10 19 & Box Stop 598 3,605 3 1/2 20 • 1/2 20 Midland 1,800 2,200 8 & 21 Color 15,928 13,355 29,440 166 USE TOTAL SQ. FT. $ OF BUILDING PARKING SPACES REQ. ----- ------------- ------------- ------------------- Warehouse 29,440 51$ 14 - Office 15,928 27$ 63 Commercial 13,355 22$ 89 PARKING STALIS PROVIDED 166 SPACES REQUIRED FOR CURRENT TENANTS 159 SPACES AVAILABLE 7 * Projected by Rice Creek Business Center/Winfield Properties 19 �r �ca�,vfw � sec. ii SP �89-03 4LL University Billiards s �/2 SEC. �,TY of � �._�� � � `31 , �� � � ,----_�---� w..._- ---� --- � I , � _ ._.. .... � � . .. . 7'RACT N q . •. � - � : °� I. ��. , .. : TRACT O -- .... - ..._ �,� �- �,. `' G. '. V� • � _ � e , . . . . - ` - �A .�4 - :s� i ti I����0 � � / �' � ' ' ��:. �� � � i 7F�4CT � p ' � ruy �.�: � t r � /w %I � �'� C� �N � i .... • ,c,�•x' ' , '�.-.::�r-'--�- : i.� "' .r """ "'N- uw� w�r� __..""' .i rw _... M�I --.•.• Lf wN � a i 1 sEt �� • a' swr �;� r« 69TH , � I � 1 � � � 33 , 3 � i,� i.ur I Gj �/' .4.9� i Y � 1 F R t �. �. _ LOCATION MAP SP �� 89-03 4MM University Billiards FLOOR PLAN . .., A � � �� for x c � �s t � � � 7 � � .� ? � 7; _ �� a 1 ' ��� � � � SP ��89-03 4N� __ University Billiards �e.y 4 Existing Location say a BAY 6 Proposed Expansion S ITE PLA N � � � 4� Y � � I N � � ; � �v � � - � - - -x- _ -. ; � s' � � � � � i � -- ' _ ic ( � ��'I I I�i � i _ _ �. � yc . 3 �,, J'm � � v I Q � ��j�� i � � 1 � � a' N .�. � � 35 -- � � � � . � � ii � � � � I ' � � , � � � 1 � ! ' � � . f� � rn ,.� �i; t r / B �,� i .� �� .._/ � .,� �� j � � � ;m �,, ��� , � -_- -_ - -� - _ _� � �� =�:� ' � __ __ _� _ �� �� - _ �� �N � - -, -`� �� ��:; � rn ) - ----- \ � � � b�� � �� �� � � � l - -- -- �c�C'` � -- - --- -� ` ` o z �`\�;�. � ,; � m . -- � --- � - �� 1 � _ - --- �-�� �' u' � ! � � 6 ; � � : y .� . �, : �..-- - --- ����� � � ( ! � � Ii'''' .r� o � - - - ��� i a ��as�- - - - - . �� ���� ��I �� � o `� I c ��� ��,�,.� - =� , ` ,. �__ _ � .� f � '�. ��.�—' � L �'! . � � 1 �_ �:. -- �� -,�--- .. , - -- - . .- -, _ _ � _. _ _�� _._--�__.___ _ _ __ _ ____._.__ _ _ � � �� 400 ;; � I EX . � _,. � ii :: � .� ,_. � -� �. _ � � a; — � �.:� PARKING LOT PLAN � _ CITYOF FRIDLEY CMC CENTER • 6431 UMVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 The Fridley City Council will soon be considering a special use permit to allow for expansion of University Avenue Billiards into adjacent vacant tenant space within the Rice Creek Business Center. One of the stipulations attached to this permit is as follows: "The development owner shall notify the City of future additions/expansions in vacant buil3ing space and shall accept linitatior.s on occupancy of remaining vacant space 'should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council." The signature on this written statement by an authorized representative of Winfield Developments, Inc., confirms that the development owner agrees to comply with the terms of the above- listed stipulation. _ � ( Date . . . � � UlYOF fRlDLEY DATE: T�: FROM: SUBJECT: C011IlMUNITY DEVELOPMENT DEPART1VlENT' MEMO RAN D UM March 28, 1989 �{ �' 1' William Burns, City Manager �' Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Approval of a Special Use Permit, SP #$9-04, Green Masters Industries Attached is the staff report for a special use permit request fo.r exterior storage for Green Masters Industries at 92 - 43rd Avenue N.E. The Planning Commission recommended approval of the special use permit, subject to nine stipulations. It is recommended that the City Council concur with the Planning Commission recommendation. BD/dn M-89-148 e � 4RR - � STAFF REPORT APPEALS DATE x/a ���0� PLANNWG CONMVNSSION DAl'E: March 22, 1989 FRIDLEY CRY COI�VC�L DATE � BD/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG URRE$ PARK DEDICATION ANALYSIS FlNANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPAT�IUTY WRH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP 4�89-04 Green Masters Industries, Inc. Special use permit for exterior storage. 92 - 43rd Avenue N.E. .83 acres N/A M-1, Light Industrial North, M-2, Heavy Industrial; South, M-2, Heavy Indutrial; East, M-1, Light Industrial; West, M-2, Heavy Industrial. Municipal services are connected to existing building. N/A N/A Yes Yes Site has a number of existing oak trees. Approval with stipulations. 4SS Staff Report SP #89-04, Green Masters Inc. Page 2 REQUEST The M-1 district requires approval of a special use permit for exterior storage of materials. The petitioner, Green Masters Industries, Inc. is a landscaping contractor business. Green Masters is proposinq to lease the site from the current owners, Ajax Tool and Die, to use the site to store landscape materials, both vegetation and landscape rocks, and to use the building for the storage of trucks. A small office area within the building will also be installed. ANALYSIS In reviewing special use permits, the ordinance permits the City to consider the nature of the site upon which the use is to be located, the nature of the adjoining land and uses, the affect of traffic into and from the proposed use and other factors as the City deems important. Existing Conditions The site is currently occupied by Ajax Tool and Die Co. A number of oak trees exist on the site. The site is enclosed by a six foot chain link fence. The existing parking area contains both asphalt and gravel areas. The subject site is currently zoned M-1, Light Industrial, and is surrounded by both heavy and light industrial zoning and uses. Proposed Use The petitioner wants to store landscape materials behind the structure and use the building to store a maj ority of the 14 trucks used for the business. The petitioner indicated that 15 yards of gravel rock will be stored , 15 to 20 - 2 1/2" caliper trees and 20 to 30 shrubs. Green Masters employs between 25-30 persons. The employees drive to the site in the morning, and use the trucks to transport landscape materials to construction sites. According to the applicant, approximately ten employees use the trucks as transportation from their homes to the site. _ Parking The building is proposed to be used as a storage area for the trucks and a small office area. The M-1 district requires only one space for every 2,000 square feet of warehouse or storage space, or four parking spaces. However, as a manufacturing building, the ordinance would require 20 parking spaces (one space per 400 square feet). This matches the traffic anticipated by the proposed use. 4TT Staff Report SP #89-04, Green Masters Inc. Page 3 Approximately eight trucks will be stored within the •buildinq. Given that ten employees use the trucks for personal transportation, twenty spaces for employees should be provided. The improved parking lot will not only accommodate the proposed use, but also a new manufacturing use if occupancy changes. Additional area for parking exists if the need arises. In conjunction with improving the parking lot, it is recommended that the parking area conform to required setbacks. This would involve restructuring the parking lot in front of the buildinq to provide a 20 foot landscaped area from the property line (see proposed site improvement plan). To the rear of the property, the parking area should maintain a five foot setback from the east property line. The parking area is required to be liried with concrete curb and all spaces shall be striped. Screeninq The site is well screened from adjacent land uses. To the east of the site is a 10 - 15 foot earthen berm (this resulted from storinq excess fill from another site). The existing mature oak trees screen the Northern Pacific Railroad yards on the south and west sides of the property. The ordinance permits existing topography, natural growth of vegetation, or permanent buildings to substitute for all or part of the screening requirements. Because the site is surrounded by like uses and zoninq, no special screening requirements are needed, yet the above-noted features effectively isolate the proposed use. (R-1 zoning exists at the southeast corner of the site, but it is owned by Northern Pacific and used as area for the railroad yards.) The applicant will install four, eight foot evergreens in the newly created front setback area. Storage of the vehicles and materials must, according to ordinance, occur in the rear yard behind the building. The evergreen trees will serve to screen the view into the rear of the property from the street. The applicant is proposing four storage bunkers for landscape materials four feet high by 20 feet in length. The ordinance requires that the screen extend two feet above the highest iten� to be stored, with the height of the fence not to exceed eight feet. Materials within the bunker must not exceed two feet in height, unless the bunker is enlarged up to eight feet. Drainage The Public Works Department has recommended that prior to occupancy, the applicant submit a drainage plan showing the runoff pattern from the new paved and curbed parking area. 4UU Staff Report SP #89-04, Green Masters Inc. Paqe 4 Miscellaneous The applicant intends to install a security light on the eastern end of the building. This should not affect any adjacent properties. The applicant will need a dumpster, and is proposinq to locate along the rear wall of the building. The dumpster must be enclosed. SUMMARY The site is well isolated from adjacent properties. The proposed exterior storage will be well hidden from the right-of-way and should not adversely affect surrounding properties. The proposed stipulations will further screen the proposed use and will bring the property into compliance with current ordinance standards. RECOMMENDATION The Planning staff recommends the Planning Commission recommend approval of SP #89-04, to allow exterior storage of landscape materials and trucks at 92 - 43rd Avenue N.E., subject to the following conditions: 1. The parking area shall be paved and lined with B6-18 concrete curbing as depicted on the site improvement plan included in the staff report dated March 22, 1989. 2. The parking area shall maintain a five foot side yard setback from the east lot line and a 20 foot front yard setback. 3. The petitioner shall install four, eight foot evergreens in the newly created front setback area. 4. The height of the storage bunkers shall extend two feet above the highest item to be stored within the bunkers. The bunkers shall not exceed eight feet in height. 5. The parking lot shall be striped for at least 20 parking spaces. 6. The dumpster shall be enclosed with an appropriate screen on at least three sides of the dumpster. 7. Prior to occupancy, the petitioner shall submit a drainaqe plan to be reviewed and approved by the Public Works Department. Staff Report SP #89-04, Green Masters Inc. Page 5 8. The petitioner shall provide a letter of credit or perfornnance bond in the amount of the improvements prior to initiation of construction. Improvements shall be completed by September 1, 1989. 9. Landscape materials and construction vehicles shall be stored in the rear yard area. • PLANNING COMMISSION ACTION The Planning Commission recommended approval of the special use permit subject to the nine stipulations recommended by staff with the following modification to stipulation #7: 7. Prior to issuance of a certificate of occupancy, the petitioner shall submit a drainage plan to be reviewed and approved by the Public Works Department. STAFF UPDATE The Planning Commission directed staff to investiqate whether or not a B6-18 concrete curb was necessary for this type of parking lot improvement. The Public Works Director advised that this is a typical City standard for streets and not necessarily a parking lot improvement. A B6-12 or another alternative is acceptable. The ordinance does not specify the type of curb that needs to be installed. 5taff therefore recommends that stipulation #1 be amended to delete the specification of B6-18. CITY COUNCIL RECONIlKENDATION It is recommended that the City Council approve special use permit, SP #89-04, to allow exterior storage of landscape materials and trucks at 92 - 43rd Avenue N.E., subject to the nine stipulations recommended by the Planning Commission with the following modification: 1. The parking area shall be paved and lined with �8�concrete curbing as depicted on the site improvement plan included in the staff report dated March 22, 1989. _ 4vv �, T. 30, R.24 FR/OLEY SP ��89 �04`- -- T _ 4WW rws a � corvn�rqrr oF �coeDS ws n+cr �rrc�u ur r►E u+oic� carwrr OfNCES Af:ECT1NG TNF A�fA S/qwM. iws auwarc a io �c �sm arir fw RFfEiENCE IIMOSES APD TlIE CdJN- 7Y !S MDl fE5!'ONSNIf fOR AIVf' /W AGCURACIES NE�/ COMAN�. 53934 srw �. � � / KJ.N � O I� �eGt. �Yrr. ..1sJ2 I ' KE ss.ss i n.nr,c.�, r .r,�.,rr u».�� . _' � _ -�� GS.M���NB ' L�y iN l%C�/L�U�Cw� ' '+r� ' 3 .tie.l�r. 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I� ,' ay. 26^rM. , . ;,. , , <�` �y 1 I � � � ' ` � \ �� 4�� I `t, ','� � �, •� I �� � I,^�, , ' J,,i � F �w-�.. .. tier.�r � � I �y G �` _ � � ,- _ ` I I i� � I 2` --- _ j_ _ �• ,,,�, , ti �w. �^ �1rcJ.s : 3"` , � �, � --- , , � � � � O �cr. r..+. ��r� � 01�.f./wi✓Lrr'IMl/ lSSGd.v "r,7ftirrr.Ns /Q4 J y rR A1.� 4 � r) A:�r.i W sr C. �.� � -- � N� 3 ------- �. 14 � �.,. � , �, t -. ,� .. f .rG! �Ar�a�.f/,7 ��� .+�.,...�...,.,. rs .11rtnw�.�fi��'L [ v. can►E� SFC.JI � .. ...-i+.i �i. ,; d� w •:w 1„'��r.� LOCATlON MAP SP 4t89-04 -- Green Masters Inc. � ': ( � � ' , - �• •. ' � ' � . �• . . . i � '. , � . �� t � r� _ � � - � , ('�. (� . �:..: � ' ,'`. I. �. � . . :„ • i , ' _ � • � � t 1• � � . i ` ! N . , ' M ` � ;_ l�roposed Storage Bira�� �-,. � . : - . �_.. . � � - � -- �-, �, `^� t -� .. . , 4XX SITE PLAN SP ��89-04 4YY Green Masters Inc �- - - - - •��ti�r� . �._ . 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( i b i ( � MI w K 1� N , ' • � �ti . .`,` `' `r' t+ , ', .. � ; \��`.� l �' . _. � t � .�. , ' , _ ,. . ( . �� . ! O . ('�i ��'/ ' ..I. . ` . . 1 � � `, y�� � � � ' c;� . . • :�J; `, . i ` .l ; -. -�\\. - f� .' , � , . j=�-- . _ ; . : = t`? . : . � _� ': .::.: : M � t;,.� � ~--- � . • ' �� � , � �. ti c ,,, . - - •� .,,,�_ ( __ � � , I • � . �•iY�^ •«� ?? � ^ .. _ . ; .< :>', � � . - � � � .���� ':T • J °� �e � ' ' r'�':• l � . __ _ PROPOSED SITE IMPROVEMENTS ---- , . � � UlYOF F��� DATE: TO: FROM: C�11ItMUNITY DEVELOPMENT DEPARTMENT MEMORAN DUM March 27, 1989 ,. � William Burns, City Manager � � Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Consideration of First Reading of Ordinance Approving Street Easement Vacation, SAV #89- O1, by WBDH Realty, for Northtown Nissan At the March 20, 1989 meeting, the City Council directed staff to prepare an ordinance for first reading to authorize vacation of a 30 foot street easement along the east lot line of the Northtown Nissan property at 7810 University Avenue N.E. It is recommended the City Council approve the attached ordinance. Second and final reading of the ordinance will not occur until the petitioner has complied with the following stipulations: 1. 2. Combination of the parcels into one tax parcel. Execution of a 30 foot drainage easement in the same location as the street easement�. BD/ dn M-89-151 � 5 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate a 30 foot street easement described as follows: The Westerly 30 feet of the Easterly 230 feet of Lots 3 and 4, Block 2, East Ranch Estates Second Addition. All lying in the South Half of Section 2, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. 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. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989• ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: March 20, 1989 First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR 5A 6 (u� SAV #89-01 � WBDH Realty Co. 4 � .' _ � --- — _ Q _ __ ._ �- �, � � i � � ` -�r � � ; -; , � ♦ j14b i r _ +� . � � a ' �n� . �`� s i �„� •. `� � ;q 1 �� ��o �,i�'• r ; ...� � � � , �a� �►� 0 � � '� � �� � � C� as � � �s � . i t.r�vi \#� � t i� 6 � / � /IM C�A�I4u'M�if i 'i ��� �, �' ��♦ �� � . ��'t�,?'10 i 1 '► _ �l yV" • 91 � � � . iff.f/ � � .lf � . i � .,rs��rst.�crt,� :.. w _ � o •w►•.vi '� >> �. _.... • .... --- � y �� (e�) e �5�� 3 % %� I ' E G (�sJ 7795 >>ol _ y�o3 s C�►� � _"�":"' � � : ��. ; o _ �. 4 4 ,�., : �v 6. . ... � . .,w ; - ,: �j''r'• �� •4�' :• _ ,�+'�� �!M ) 8a� �n) • / rr�> >d2 aes� °' l'�I „� 7s96 0 -7 S �. /�, � / �i �' / 787�;) � ��� S � .fwwwfa,b.r�.: - - � TE � � . M .�p Z. � � �.. A � � __ _4 N. � , G �2� � 1�fi J Z �3) .... re __. � � t��> � I � � s�o ' � 7°�s �� � � � <�� . _ � _.C�S � �r�� � . SE 9 ��� �� os � ' / ��I� , .'f �._ _ 0 G 77�'3 t / M C�� �! »a� s ��a3 n/af r - Y I �s� ' ��3� I �� � P�1 'C.�,' %%i� -, � � i�� � ��(�) . { �, : �?� a,,, . G) ,� ;, �-- �� �� 77D0 ( � �i+c1 (f� (� /.sr• � . � i✓•.w � ,�17 +��" - . �.� #. . LOCATION MAP Engineennc,�� Sewcr Water Parks Streets Main�enanCc MEMORANDUM •� . TO: William W. Burns, City Manager��" PW89-70 FROM: DAT$: John G. Flora, Public Works Director March 30, 1989 SIIBJECT: Change Order No. 6, Repair of Commons Park Filtration PZant Project No. 164 Attached is Change Order No. 6 for Repair and Modification of Commons Park Filtration Plant Project No. 164. Change Order No. 6 deleted some insulation not needed in the project. Also, additional changes and equipment were necessary to improve areas of the Filter Plant. The net result increased the project by $1,570.00. The changes are listed below: 1. 2. 3. 4. Deduct insulation in Specification Section 15250. Repair underdrain filter plates. Add motorized damper in chlorine room. Add five air release valves and piping changes. ($ 4,200.00) 1,318.00 986.00 2,580.00 5. Miscellaneous landscape changes. 886.00 TOTAL ADDITIONS . . . . . . . . . . . . $ 1�570.00 It shall be noted that the proj ect is very near completion and will be finalized in April - Recommend the City Council approve Change Order No. 6 for Repair of Commons Park Filtration Plant Project No. 164 JGF/BN/ts Attachments -�-- l �• �. � � 0 . .• � CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVE., N.E. FRIDLEY, MN 55432 April 3, 1989 Shank Mechanical 3501-85th Ave., N. Minneapolis, NIId 55443 SUBJECT: Change Order No. 6- Repair of Commons Park Filtration Plant Project No. 164 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Repair of Commons Park Filtration Plant Project No. 164 by adding the followinq work: � Addition• l. Deduct insulation in Specification Section 15250. ($ 4,200.00) 2. Repair underdrain filter plates. 1,318.00 3. Add motorized damper in chlorine room. 986.00 4. Add five air release valves and piping changes. 2,580.00 5. Miscellaneous landscape changes. 886.00 TOTAL ADDITIONS . . . . . . . . . . . . $ 1,570.00 TOTAL CHANGE ORDERS: Original Contract amount. . . . . . . . . . . .$1,450�000.00 Contract Additions - Change Order No. 1. ... (50,000.00) - Change Order No. 2. ... 6,131.00 - Change Order No. 3. ... 0.00 - Change Order No. 4. ... 11,27_0.00 - Change Order No. 5. ... 2,700.00 - Change Order No. 6. ... 1,570.00 REVISED CONTRACT AMOIINT $1,s21,671.00 Shank Mechanical Page Two Change Order No. 6 April 3, 1989 Submitted and approved by Jahn the 3rd day of April, 1989. , � , �` , '^} � a Pre a ed by . �,1 � •,-y,� r Ch �ed by i/ �_� G. Flora, Public Works Director, on � , Jo G. Flora, P.E. 'rector of Public Works Approved and accepted this day of , 1989, by Approved and accepted this 1989, by SHANR MECHANICAL Michael Shank, Vice President day of , CITY OF FRIDLEY William J. N.ee, Mayor William W. Burns, City Manager � 7 . . �� MEMO TO. WILLIAM W. BURNS, C TY MANAGER �. FROM: WILLIAM C. HUNT, e SISTANT TO THE CITY MANAGER DATE: MARCH 30, 1989 SUBJECCT: CHANGE ORDER FOR WIRING OF EXTERNAL MONITOR CONNECTION3 Attached please find Change Order No. 1 to the contract for the Technical System for the Fridley Municipal Center. This will provide for the installation of cable wirinq, cover plates, and television jacks to twenty-one (21) external locations as follows: Upper Level Room No. 105 109 108 107 132 125 154 134 102 Council Chambers Council Workroom Monitoring Room Upper Level Meeting Room Media Production Work Area Upper Level Meeting Room Lunch Room Upper Level Meeting Room Main Lobby Lower Level Room No. 008 Meeting Room(s) 002 Lower Level Lobby & Kiosk 046 Police Conference Room 040 Emergency Operations Center Fire Station 524 Big Training Room 517 Day Room 519 Watch Room Total External Video Monitor Connections 3 1 1 1 1 1 1 1 2 2 2 1 1 1 1 1 21 This change will make it possible to locate video monitors at these 21 locations throughout the Municipal Center. No provision was made for this in either the electrical contract or the technical systems contract. I request that you present this to the Fridley City Council for consideration at the meeting of April 3, 1989. 7A CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE, N.E. FRIDLEY, MN 55432 April 3, 1989 Electrosonic Systems, Inc. 6505 City West Parkway Minneapolis, Minnesota 55344 SUBJECT: Change Order No. 1, Contract for Technical System for the Fridley Municipal Center Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Technical System for the Fridley Municipal Center by adding the following work: Addition• For the Fridley Civic Center, furnish and install twenty one (21) television jacks and cover plates. Supply and install all plenum RG-6 quad cable for same. Lump sum $10,338.00. TOTAL ADDITIONB . . . . . . . . . . . $ 10,338.00 TOTAL CHANGE ORDERS: Original contract amount . . . . . . . . . . . . $107,138.49 Addendum No . 1 . . . . . . . . . . . . . . . . . 5 ,18 8 . 31 Addendum No. 2 . . . . . . . . . . . . . . . . . 17, 099.98 Contract Additions--Change Order No. 1..... 10,338.00 REVISED CONTRACT PRICE . . . . . . . . $139,764.78 Submitted and approved by William C.Hunt, Assistant to the City Manager, on this 3rd day of April, 1989. e red by � ( Chec ed by , � ' � ���� � � William C. Hu Assistant to the City Manager Page Two Electrosonic Systems, Inc. Change Order No. 1 April 3, 1989 Approved and accepted this 3p day of /i/�.F'l'�/ /9�2, 1989, by ELECTRO$Oldl TE�iB, INC. � �: // � Richa d King, gional Sales Manager Approved and accepted this day of , 1989, by CITY OF FRIDLI3Y William J. Nee, Mayor William W. Burns, City Manager , 7B 0 FOR CONCURRENCE BY THE CITY COUNCIL April 3, 1989 TYPE OF LICENSE:, BY: APPROVED BY: BILLIARDS LICENBEB George's Restaurant American Amusement James P. Hill 3710 E. River Rd. Public Safety Director Fridley, Mn. 55432 University Billiards " " " James P.. Hill 7178 University Ave.N.E. Public Safety Director Fridley, Mn. 55432 BOWLING ALLEY Fridley Rec. & Serv.Co.dba Richard Larson Maple Lanes Bowling Center Fire Inspector 6310 Hwy. 65 N.E. Fridley, Mn. 55432 CARNIVAL . Fridley 49er's Days Scott Lund Richard Larson P.O. Box 32549 Fire Inspector Fridley, �4n. 55432 CIGARETTE Carter Day A& J Enterprizes James P. Hill 500 - 73rd Ave. N.E. Public Safety Director Fridley, Mn. 55432 Country Club Mkt. Same " " " 6275 Hwy. 65 N.E. Fridley, Mn. 55432 Fireside Rice Bowl Oliver Tam " 1160 Fireside Dr. N.E. -Fridley, Mn. 55432 Fridley Warehouse Annex Am. Amusement " 5289 Hwy. 65 N.E. Fridley,Mn. 55432 Holiday Plus Erickson Bros. " 250 - 57th Ave.N.E. Fridley, Mn. 55432 Holiday Sta. Store Holiday Sta.Stores Inc. 5807 University Ave.N.E. Fridley, h1n. 55432 �� �� �� �� �� �� �� �� FEES: $110.00 $70,00 $360.00 Asking Fees to be wa i ved $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 10 � FOR CONCURRENCE BY THE CITY COUNCZL �� April 3, 1989 CIGARETTE CONT. LICENSES Paqe 2 Knights of Columbus No.Air Home Assoc. James P. Hill $12.00 6831 Hwy. 65 N.E. Public Safety Director Fridley, Mn. 55432 Kurt Mfg. ARA Service " " " $24.00 5280 Main St.N.E. Fridtey, Mn. 55421 � Land 0 Lakes A& J Enterprises " " " $12.00 5500 Main St.N.E. Fridley, Mn. 55421 Liquor Warehouse Am.Amusement " " " $12.00 214 Mississippi St.N.E. Fridley, Mn. 55432 Sandee's Restaurant Braam Investments " " " $12,00 6490 Central Ave.N.E. Fridley, Mn. 55432 Shorewood Inn Am. Amusement " " " $24.00 6161 Hwy. #65 N.E. Fridley, Mn. 55432 Simer Pump Ala Carte Vending Syst. " " $12.00 5960 Main St.N.E. Fridley, Mn. 55432 Sinclair Retail #22005 Sinclair Mkt.Co. " " " $12.00 6290 Hwy. 65 N.E. Fridley, Mn. 55432 Strite Anderson A& J Enterprises " " " $12.00 7585 Viron Rd. N.E. Fridley, Mn. 55432 Target Dist. Center Twin City Vending Co. " " " $12.00 7120 Central Ave.N.E. Fridley, Mn. 55432 Target Northern Twin City Vending Co. " " " $12.00 Operations Center 6499 University Ave.N.E. Fridley, Mn. 55432 University Billiards Am. Amusement " " 7178 University Ave.N.E. Fridley, Mn. 55432 " $12.00 10A � FOR CONCURRENCE BY THE CITY COUNCIL LICENSES CIGARETTE CONT. Wickes Furniture A& J Enterprizes 5353 E. River Rd. Fridley, Mn. 55432 CLUB ON SALE Fridley Am.Legion Post 303 7365 Central Ave.N.E. Fridley, Mn. 55432 ENTERTAINMENT Am. Legion Post 303 7365 Central Ave.N.E. Fridley, Mn. 55432 Ground Round The Ground Round Inc. 5277 Central Ave.N.E. Fridley, Mn. 55432 Knights of Columbus No. Air Home Assoc. 6831 Hwy. 65 N.E. Fridley, Mn. 55432 Shorewood Inn Wm. Nicklow 6161 Hwy. 65 N.E. Fridley, Mn. 55432 Stuart Anderson C.Rest. ARG Enterprises, Inc. 5696 University Ave.N.E. Fridley, Mn. 55432 FIREARM - Stanton 0. Berg 6025 Gardena Lane N.E. Fridley, Mn. 55432 FOOD ESTABLISHMENT Am. Legion Post 303 � 7365 Central Ave.N.E. Fridley; Mn.55432 Country Club Mkt. Same 6Z75 Hwy. 65 N.E. Fridley, Mn. 55432 James P. Hill $12.00 Public Safety Director James P. Hill $150.00 Public Safety Director �� �� �� �� �� �� �� �� �� �� �� �� �� �� $85.00 $85.00 " $85.00 " $85.00 " $85.00 " $25.00 $45.00 $45.00 10B � � FOR CONCURRENCE BY THE CITY COUNCIL il 3. 1989 FOOD ESTABLISHME�IT CONT. Delta Vietmanese Rest. Tran Hat 7928 - c University Ave.N.E. Fridley, Mn. 55432 Fireside Rice Bowl Oliver Tam 1160 Fireside Dr. N.E. Fridley, Mn. 55432 Fridley Conval.Home Healthone, Inc. 7590 Lyric Lane Fridley, Mn. 55432 Godfather Pizza Godfather Pizza of Am. 7910 University Ave.N.E. Fridley, Mn. 55432 Grace Lutheran Church Daniel Fleischer 460 - 75th Ave.N.E. Fridley, Mn. 55432 Ground Round The Ground Round, Inc. 5277 Central Ave. N.E. Fridley, Mn. 55421 Holiday Plus Erickson Bros. 250 - 57th Ave.N.E. Fridley, Mn. 55432 Holiday St. Store Holiday Sta.Stores,Inc. 5807 Univesity Ave.N.E. Fridley, Mn. 55432 Knights of Columbus � No.Air Home Assoc. 6831 Highway 65 N.E. Fridley, Mn. 55432 Linquist Cake & Dec. James Lindquist 5265 Central Ave.N.E. �ridiey, Mn. 55421 McDonald's Mark Wheeldon 5831 University Ave.N.E. Fridley; Mn. 55432 Maple Lanes Bowling Fridley Rec. & Serv. Co. Center 6310 Hwy. 65 N.E. Fridley, Mn. 55432 LZCENSES e4 $45.00 $45.00 $45.00 $45.00 Exempt $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 10C �� �_ J FOR CONCURRENCE BY THE CITY COUNCIL April 3, 1989 FOOD ESTABLISHMENT CONT. Oriential House Rest. 5865 University Ave.N.E. Fridley, Mn. 55432 Parkview Elem. School 6085 - 7th St.N.E. Fridley, Mn. 55432 Perlman Rocque 51 - 52nd Way N.E. Fridley, Mn. 55432 Ron's Ice House 7953 Main St.N.E. Fridley, Mn. 55432 Saridee' s 6490 Central Ave.N.E, Fridley, Mn. 55432 Shorewood Inn 6161 Hwy. 65 N.E. Fridley, Mn. 55432 Sinclair Retail #22005 6290 Hwy. 65 N.E. Fridley, Mn. 55432 Stuart Anderson Cattle Co. Restaurant 5696 University Ave.N.E. Fridley, Mn. 55432 T.R. McCoy's 7850 University Ave.N.E. Fridley, Mn. 55432 Unity Medical Center 550 Osborne Rd. N.E. Fridley, Mn. 55432 FOOD VEHICLE Fabian Seafood Co. 5311 University Ave.N.E. Fridley, Mn.55432 Ron's Ice House 7953 Main St.N.E. Fridley, Mn. 55432 Chen & Leuck Vol.of Am.Sen.Nutrition Program Same R.L. Holum Braam Investments, Inc. Wm. Nicklow Sinclair Mkt. Co. ARG Enterprises Phillip Smith Unity Hospital Daneil J. Fabian R.L. Holum LICENSES $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $50.00 $75.00 10D i FOR CONCURRENCE BY THE CITY COUNCIL LZCENSEB Paqe 6 OFF SALE BEER Holiday Plus North Erickson Bros. James P. Hill $60.00 250 - 57th Ave.N.E. Public Safety Director Fridley, Mn. 55432 Holiday Sta. Store Holiday Sta. Stores Inc. " 5807 University Ave.N.E. Fridley, Mn. 55432 ON SALE BEER Knights of Co1umbus No. Air Home Assoc. " 6831 Hwy. 65 N.E. Fridley, Mn. 55432 Pizza Hut #426010 Pizza Huts of the N.W.Inc. " 255 - 57th Ave.N.E. Fridley, Mn. 55432 PRIVATE GAS PUMP " " $60.00 " " $325.00 � �� Gustavson Grinding Inc. Floyd Gustavson Richard Larson 7410 Central Ave. fV.E. Fire Inspector Fridley, Mn. 55432 Park Const. Co. Richard N. Carlson " 790Q Beech St.N.E. Fridley, Mn. 55432 Unity Hospital Unity Hospital " 550 Osborne Rd. Fridley, Mn. 55432 RETAIL GASOLINE � Holiday Sta. Store Holiday Stationstores " 5801 University Ave.N.E. Fridley, tdn. 55432 Sinclair Retail #22005 S.inclair Mkt.Co. " 6290 Hv�y. b5 N.E. Fridley, Mn. 55432 � REFUSE HAULERS Browning Ferris Jeff Schutt 9$13 Flying Cloud Dr. Eden Prairie, Mn. 55347 �� � �� � �� � � �� $325.00 $30.00 $30.00 $30.00 $60.00 $60.00 $120.00 10E 1 ' 10F � _- �' FOR CONCURRENCE BY THE CITY COUNCZL I.ICENSES fW�tEY A ril 3, 1989 REFUSE HAULERS CONT. Expert Disposal Inc. Roy C. Burt $60.00 3131 Sibley Memorial Hwy. . Eagan, Mn. 55121 Twin City Sanitation Richard Gersdorf $60.00 279 Meadowood Lane , Vadnais Hgts, Mn. 55127 Wasteco, Inc. dba Ronald Roth $60.00 Waste Control 95 W. Ivy St.Paul, Mn. 55117 Woodlake Sanitary Service dba Joseph Horwarth $105.00 All State Disposal 8661 Rendova St. Box 39 Circle Pines, Mn. 55014 PEDDLER The Flower Shoppe Mary Lou Box James P. Hill $60.00 8484 Central Ave.N.E. Public Safety Director Spring Lk.Pk.,Mn. ON SALE LIQUOR Am. Legion Post 303 James P. Hill $200.00 7365 Central Ave.N.E. Public Safety Director Fridley, Mn. 55432 TREE REMOVAL J& L Tree Removal � John Drobnick Ralph Volkman $40.00 10469 Jefferson St. Public Works Blaine, Mn. 55434 11 715 524 3877 .�. — 30 '89 11�35 3 D MANUFACTL�ING 715 524 38?7 t�votcE Invoice No. s 0 t v T O 5707 3- D Fire Apparatus, P.O. Box 453, Shawano, Wisconsin 54166 Phone: 715�24-2546 Customers Order " Eridley Fire Uepartment, City of 6431 (lnive�'sity Avenue, NE Fridley, MN 55432 pete March 30, 1989 s M i P SAME � D T O P.2 11A 5707 CITY (�' FRIDLEY FIRE DEPAir1MIIJP 6431 OrIlVII?SITY AVFl�If� N. E. FRI�,EY, MIl�Il�.qO►rA 55432 DWTE: ZO: 8onorable Mayor and City Council City of Fridley 6431 t)niversity Avenue N.E. Fridley, Mirmesota 55432 11B DiATE: August 15, 1988 SPDC # F'b 86-1 CCDE: 101-OS SOr45540 FOR: 3-D Fire Apparatus P.O. Box 453, Jaycee lmad Shaaano, WI 54166 . RF�IABILITATION ArID R�[k�ISIIING �' ZWiO (2) PIR.9Cii FIRE P[lI�lPF�RS ITII�I 4L�NPITY UI�IIT PRICE 'l�i, AMxTNr Rehabilitate and Refurbish 2 $29,700.00 $59,400.00 Zbtal Contract $59,400.00 St�IMARY Original �ntract �nount Change Order #1 Revised Contract Amount Value Canpleted to Date Less Previous Payment � • � � ���s � $55,400.00 $4,000.00 $59,400.00 $44,550.00 $29,700.00 $14,850.00 ly Su i , • i .c.� � ��iL�-� rt D. 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