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06/05/1989 - 5390i � ' anrc� FRIDLEY CITY COIINCIL MEETING f �°� ATTENDENCE SHEET � MONDAY, June 5 , 1989 . 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER ��`� �-Gf.�,�� vL s;�ev�s ( Zd 1' v �.;t Sf h� � %D . -- � , - .� - � ` � � `� � � .� �� %y� �� .Q. � � � � �, �� s- s,� � '� �v - � 7� `�'vr� E w, (� - � � ��' 6,� �IJE �f - � z Po�,l m�e.�- � 3`a� � �e_ y-� �. .�. � -�I T, ,� r �;� � G-.:,�� K d � ��-� �- y�.7� � �l �/ o � C � C�'ied�G�- �i.,u' � -3 S`�� ev-� ��,��--1 I 2g�� 3eVS� �.�,-� �. C��.,�d-�.-� r. s� �.� �, � ;� ��Z �a��/ �.� - S,�„� � - �.. a� � 11 3 r1 s v�-c,-� �� s, S�- ��.s v.�.�. �- rA-. �'� � -� 3 s� s �1,�.� a«�- �► � y - �f..� �, �— �-� -�� v Cs o� Ye . N E. c/ -�f 1 , ;� ,U �,C��7_ � l� �� :� , � � l � / � �G�c.�.�- ,� , � - : r � � � � cmroF FRIDLEY FRIDLEY CITY COUNCIL JUNB 5, 1989 - 7 t 30 P.ld. PLEDGB OF ALLEGIANCE: APPROVAL OF MINIITEB: Council Meeting, May 15, 1989 ADOPTION OF AG$NDA: OPEN FORIIM. VISITORB: (Consideration of items not on agenda - 15 minutes) PIIBLIC HEARINGB: Public Hearing for an On-Sale Liquor License for Joe DiMaggio's Restaurant Located at 1298 East Moore Lake Drive . . . . . . . . . . . . . . . . 1 - 1 A T''" � � � Public Hearing of a Final Plat, P.S. #87-05, Target Northern Distribution Center Addition, to Create Two Lots by Replatting Outlot l, Block 1, . Fridley Industrial Park Plat 1, and the Adjacent 54 Acres, by Target Stores, Inc .. . . . . . . . . . . . . . . . . . . 2 - 2 M �� CITY COIINCIL MEETING, JIINE 5, 1989 PIIBLIC HEARINGS (CONTINIIED): Public Hearing on Vacation Request, SAV �89-02, to Vacate the 30 Foot Drainage and Utility Easement Located on Lots 1, 2, 28 and 29, Block 2, � Commerce Park, the Same Being 250 • Osborne Road N.E., by Jerome Farrell ...... 3- 3 C-� � OLD BIISINE88: Consideration of Special Use Permit, SP #89-06, to Operate a Daycare Center for 35 Children in Rooms 102, 104 and 106 of the Islamic Center, on Lots 1, 2, 3, 4, 5, 6, 17, and 33, Meloland Gardens, the Same Being 1401 Gardena Avenue N.E., by the Islamic Center of Minnesota ....... 4- 4 I � � � , � Consideration of Second Reading of an Ordinance Approving a Rezoning, ZOA #89-01 to Rezone the Properties Described as Lots 1, 2, 28 and 29, Block 2, Commerce Park, From C-1, Local Business, to C-2, General -Business, the Same Being 250 Osborne Road N.E. by Jerome Farrell . . . . . . . . . . .. . 5 - 5 A . - d" i � e � - PAGE 2 CITY COIINCIL MEETING, JIINB 5, 1989 NEW BOSINESS: Consideration of First Reading of an Ordinance Approvinq a Vacation Request, SAV #89-02, to Vacate the 30 Foot Drainage and Utility Easement Located on Lots l, 2, 28, and 29, Block 2, Commerce Park, the Same�Being 250 Osborne Road N.E., by Jerome Farrell . . . . . . . . . . . . . . . . � / � Consideration of Extension of a Special Use Permit to Allow Park Construction to Resume RqEk Crushing Activities . . . . . .i� �j � .,�r � (� " `� �- f , � ,� �; �,� . �,�''�� y� " t, � �n� ��/� �'' _.1 � � N J � ;V r � � -fi v �,, i /��✓ ' J :� . 6 - 6 A . . . . 7 - 7 C Consideration of Second Reading of an Ordinace Approving a Vacation, SAV #89-01, to Vacate a 30 Foot Road Easement Located Along the East Property Line of Lot 3, Block 2, East Ranch Estates Second Addition, Except the East 200 Feet Thereof, Generally Located Southwest of 7810 University Avenue N.E., by WBDH Realty Company . . . . . . . > � � / �y . . . 8 - 8 8 PAGE 3 CITY COIINCIL MEETING, JIINE 5, 1989 NEW BOSINE88 (CONTII�NED) : Receiving the Minutes of the Planning Commission Meeting of May 17, 1989 ....... 9- 9 NN A. Consideration of Preliminary Plat, -P.S. #89-01, Sullivan's Overlook, Being a Replat of Property Generally Located at 1161 Regis Lane N.E., by Dan Sullivan ...................... 9-9B, Council Action Needed: Set Public 9CC-9HH Hearing for June 19, 1989 � (� 3 6 ° �/ 1 �� B. Consideration of Special Use Permit, SP #89-07, to Allow a Second Accessory Building on Lot 7, Block 4, Bonny Addition, the Same Being 5932 - 6th Street N.E., by Paul Hengel....... 9B-9D, 9II-9NN Receiving the Minutes of the Appeals Commission Meeting of May 9, 1989 ........ 10 - 10 Q A. Con ' ati of a Variance, V #89-06, o Reduce the Rear Yar from 25 Feet to 17 Feet to Allow the Construction � � of an Addition on Lot 12, Block • 5, Brookview Terrace, the Same � Being 6701 Quincy Street N.E., :- by Georg and Linda Colstrom � / . � PAG$ 4 CITY COIINCIL MEETING, JIINE 5, 1989 NEW BIISINE88 (CONTINIIED): Consideration of Approval of $10,000 Allocation for Household Hazardous Waste Collection and Permission to Submit Application . . . . . . . . . � � � ✓ . . . . . . 11 - 11 F Consideration of a Resolution Requesting � the County of Anoka to Reduce the Speed 'A Limit on Mississippi Street From Trunk i�� Highway 47 (University Avenue) to Trunk Highway 65 (Central Avenue) . . . . . . . . . . . 12 � � � � Consideration of an Agreement for Participation in Urban Corps Program Between the City of Minneapolis and the City of Fridley . . . . . . . . � ' //( r ✓ v� PAGE 5 �'" i''" . . . . . . i3 - 13 D Consideration of a Resolution Authorizing Modification of Labor Agreement for Certain , Eaiployees Represented by the International Ur�ion of Operating Engineers, Local No. 49 (�,FL-CIO) for 1987-1989 . . . . . . . . . . . . . 14 - 14 F / � � � i. • CITY COIINCIL KEETING, JIINE 5, 1989 NEW BIISINEBS (CONTINtTED): Consideration of Change Order No. 1 for Water, Sanitary Sewer and Storm Sewer Proj ect No . 188 . . . . . . . . . . . . . �Q / /� Receiving Bids and Awarding Contract for Landscaping of Fridley Plaza Parking Ramp . . . . . . . . . . . . . . . . . �� _,,,�` � a , 'f'��30, � , L / Receiving Bids and Awarding Contract for Asphalt Repair of the Fridley Plaza Parking Ramp . . . . . . . . . . . . . � � � �l i � r� V l W Receiving Bids and Awarding Contract for E�cterior Signage of the Fridley Plaza Parking Ramp . . . . . . . . . . . . . . T �j ` �/�1 (/ � l/ . � �� - � � � � d ,," . . . . 15 - 15 B � q � 0 . . . . 16 � .�.�. . . 17 � � .�. . . . 18 _ . PAGE 6 �� I l � CITY COIINCIL MEETING� JIINE 5� 1989 NEW BIISINE88 (CONTINiTED): Consideration of a Resolution Approvinq the 1989 - 1994 Capital Improvement Program .... i / � d� . 19 - 19 A Receiving the Charter Commission Minutes of April 24, 1989 . . . . . . . . . . . . . . . . . 20 - 20 G / � � Consideration of a Resolution Authorizing the City Manager to Execute a Conciliation Agreement with the Human Rights Department of the State of Minnesota in the Matter of Carolyn Dreyer . . . . . . . . . . . . . . � d � Consideration of Cha•rter Commission's Motion to Reschedule the Referendum Election from July 18, 1989 to the General Election on November 7, 1989 . . . . . . . . . . . . . � 0 � . . . 21 - 21 H �� . . 22 0 PAG$ 7 CITY CODNCIL MEETING, JIINE 5� 1989 �TEW HIISINE88 (CONTINtTED) : Claims . . . . . . . . . . . . . . . . . . . . . 23 PAG$ 8 Licenses . . . . . . . . . . . . . . . . . . . . 24 - 24 F Estimates . . . . . . . . . . . . . . . . . . . . 25 � � Adjourn: � . r 0 0 THE MINIITES OF TH8 REGIILAR 1�IEETIN3 Olr TH8 FRIDLEY CITY COIINCIL OF MAY 15. 1989 The Reqular Meeting of the Fridley City Council was called to order at 7:40 p.m. by Mayor Nee. �I,EDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Alleqiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: Mayor Nee, Councilman Fitzpatrick None Councilwoman Jorgenson, Schneider, Councilman and Councilman Billings PRESENTATION OF PROCLAMATIONS: VETERAN'S BUDDY POPPY DAY - MAY 19. 1989: Mayor Nee read and issued a proclamation proclaiming May 19, 1989 as Veteran's Buddy Poppy Day and urged Fridley citizens to recognize the merits of this cause by contributinq qenerously to support of this program as a symbol of appreciation for the sacrifices of our honored dead. Mr. Rudy Nessman, Chairman of the Veterans' of Foreiqn Wars' Buddy Poppy Day program, was present to receive this proclamation and introduced his Auxiliary Chairman, Ruth Stark. He also introduced Maxine Nystrom, President of the VFW Ladies Auxiliary and Amy Rundle, Poppy Queen. NATIONAL PUBLIC WORKS WEEK - MAY 21 - 27, 1989: Mayor Nee read and issued a proclamation proclaiming the week of May 21 - 27 as National Public Works Week and called upon all citizens and civic organizations to acquaint themselves with the problems involved in providing our public works and to recognize the contributions which public works personnel make every day to our health, safety, and comfort. Mr. Ralph Vollanan, Public Works Superintendent, proclamation. Mayor Nee and members of the Council Voll�an extend their gratitude to the Public Works all their work in providinq public works services. received this asked that Mr. employees for FRIDLEY CITY COIINCIL MEETING OF MAY 15. 1989 PAG$ 2 APPROVAL OF MINUTES: BOARD OF REVIEW, APRIL 10, 1989: MOTION by Co�ncilman Billings to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONTINUED BOARD OF REVIEW. APRIL 17, 1989: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONTINLIED BOARD OF REVIEW, MAY 1,1989: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING, MAY 1. 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. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: Ms Linda Huber the representative for the Hayes Parent-Teachers Organization. Ms. Huber voiced concern about the increased traffic on Mississippi Street and how it affects the safety of the children attending Hayes School. She stated Mississippi Street is being used as an alternate route due to the I-694 improvement and the Department of Transportation has stated this would be in effect at least until December, 1989. She stated she wanted to alert the Council to the potential hazards. Ms. Huber stated school crossings are supervised by fifth grade students and there are no identification signs to indicate a school is in this vicinity. She stated the crosswalk paintings are completely faded on the traffic lanes. Ms. Huber stated she is aware this street is a County road and these concerns will have to be directed to Anoka County. She stated she would propose, however, that universal school identification signs be erected a half block prior to the FRZDLEY CZTY COIINCIL 1[EETINQ OF lIAY 15. 1989 PAGB 3 intersections of Mississippi and 7th Street and Mississippi and Konroe Street. She stated she would like the crosswalks to be repainted immediately. Ms. Huber felt there should be a reduction in speed during school hours. She stated this has been done at the elementary school on 49th Avenue in Columbia Heights. Ms. Huber also felt there should be adult supervision at the school crossings. She stated she did not feel a fifth qrader is capable of controlling traffic. Mr. Hunt, Assistant to the City Manaqer, stated the Public Safety Director, Jim Hill, has been in contact with Mr. Ruud, of the Anoka County Highway Department, and felt all the items Ms. Huber is suggesting could be accomplished. He stated in regard to speed reduction, it would require a resolution by the City which has to be forwarded to the County and the State, and a study completed before any changes would be implemented. He stated this could not be accomplished before the end of the school year. Mr. Hunt stated he did not know how long it would take to obtain school identification signs on.such ehort notice. He stated the striping does not seem to be a problem. He stated the placement of adults at the school crossings is probably an obligation of the School District. Mr. Hunt stated he felt all the requests are reasonable and staff would pursue them upon the Council's direction. Councilwoman Jorgenson asked if a Community Service Officer might assist at the intersections until the crosswalks are marked. Mr. Burns, City Manager, stated he could see no problem using a Community Service Officer. Councilwoman Jorgenson suggested to Ms. Huber that she contact the School District regardinq placement of adults at the intersections. MOTION by Councilwoman Jorqenson to direct staff to prepare a resolution for the next Council meeting for reduction of the speed in the area of Hayes Elementary School. Further, to proceed with repainting of the crosswalks and placement of universal school crossing signs a half block prior to the intersections of Mississippi and 7th Street and Mississippi and Monroe Street. Seconded by Councilman Schneider. Councilman Schneider felt if the County cannot paint the crosswalks, the City should proceed, if this is possible. IIPON A VOICE VOTE TAI�N ON THE ABOVE MOTION, $11 voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Billinqs sugqested to Ms. Huber that she also contact the School District and her County Commissioner as Mississippi Street is a County road. FRIDLEY CITY COIINCIL li$ETINQ OF 1dAY 15. 1989 PAGE 4 Mr, Warren Woods the representative for the Fridlgv Historical �c'��y. Mr. Woods requested a donation from the Cfty for landscaping at the museum at 611 Mississippi Street reviewed the details of this request outlined in a letter to the Council dated May 4, 1989. Mr. Woods stated the Historical Society has applied for a qrant through Celebrate Minnesota 1990 to assist with the landscaping. He stated a landscaping plan has been prepared and they are in the process of receivinq bids for a sprinkler system. MoTION by Councilman Billinqs to refer this request from the Fridley Historical Society to staff for a report back to the Council on whether or not funds are available in the current budget. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING: 1. CONSIDERATION OF A REZONING REQUEST. ZOA #89-01. TO REZONE THE PROPERTIES DESCRIBED AS LOTS l. 2. 28 AND 29, BLOCK_2� COMMERCE PARK. FROM C-1. LOCAL BUSINESS, TO C-2. GENERAL BUSINESS THE SAME BEING 250 OSBORNE ROAD N E BY JEROME FARRELL: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:08 p.m. Ms. Dacy, Planning Coordinator, stated this property is located on the southeast corner of Osborne Road and Commerce Lane and platted as four lots zoned C-1 since approximately 1967. She stated there is manufacturing and commercial zoning adjacent to this property. Ms. Dacy stated the rezoning is requested in order to construct a 1,500 seat, eiqht screen movie theater with approximately 18,744 square feet of retail. She stated the rezoninq is requested so that the theater would become a permitted use. Ms. Dacy stated it is proposed to close the entrance onto Osborne Road and create three driveway entrances on the service road. She stated the driveway south of the free standing building is to be a one-way drive through exit as well as the driveway onto Commerce Lane. Ms. Dacy stated the petitioner has filed for five variances to reduce the front yard setback; reduce the side corner yard setback; reduce the number of parking stalls; reduce the size of a parkinq stall; and to reduce the parking setback. She stated the petitioner has submitted two site plans, one proposes 313 stalls, �RIDL$Y CITY COIINCIL MEETINQ OF MAY 15, 1989 PAQ$ 5 157 of which are 10 by 18 feet and the other plan proposes 335 stalls, all 9 by 18 feet. Ms. Dacy stated the Planning Commission recommended denial of this rezoning as they felt the site plan was an inappropriate utilization of the site; there was only one street frontage for complete access and egress; and cross parking off-site across Osborne Road would cause unsafe conditions for pedestrians and traffic. Ms. Dacy stated in response to the concerns of the Planning Commission, staff conducted an analysis of the traffic volumes at Osborne Road and the service road intersection. She stated traffic counts were done on Friday between the hours of 8 a.m. and 5 p.m. and on Saturday between 1 and 4 p.m. She stated the peak hours on Friday are between 4 and 5 p.m., with traffic decreasing between 5 and 6 p.m. She stated between 6 and 8 p.m., traffic decreased by more than half of the peak hour period. Ms. Dacy stated Saturday traffic was half of the peak hour traffic on Friday evenings. She felt the theater and additional retail operations would not adversely affect this intersection. Ms. Dacy stated in regard to the Planning Commission's concerns regarding the cross parking across Osborne Road, the petitioner has contacted Perkins Restaurant and received a license agreement to use 50 parking spaces at Perkins' restaurant site. She stated with the 335, 9 by 18 foot stalls proposed, this would exceed the required parking by one stall. She stated staff would recommend the petitioner also provide for cross parking easements on the two properties across Osborne Road. She stated the County has been contacted and a crosswalk can be painted at Osborne Road and Commerce Lane at the City's request. Councilman Schneider stated the plan to provide a mixture of 9 by 18 and 10 by 18 foot stalls would result in 313 spaces and if all the parking stalls were 9 by 18 feet, there would be 335 spaces. He stated both staff and the Appeals Commission are recommending the stalls be 9 by 18 feet to reduce the demand and reliance on parking off-site. Ms. Dacy stated staff would recommend approval of this rezoning as it is felt it is consistent and compatible with the adjacent land uses and zoning in the area. She stated it is felt the 9 by 18 foot parking stall can accommodate the traffic on-site. Mr. Farrell, the petitioner, stated staff did a very qood job in presenting their request.for this rezoning. He stated he would answer any questions and that his architect and engineer were present, as well as representatives from Perkins, Conoco, and the movie theater. �RIDL$Y CITY COIINCIL lIBBTING OF MAY 15, 1989 PAQB 6 Councilman Billings stated the Council received a copy of a letter from Perkins to Mr. Farrell indicating interest in a cross. easement. He asked Mr. Farrell if he was satisfied with the requests made by Perkins. Mr. Farrell stated the basic request is that Perkins Corporation is named as a second insured on their insurance policy. He stated there is also a request for a joint effort on the maintenance. He stated he has no problem with the requests made by Perkins. Mr. Farrell stated there is the possibility of widening the driveways on the frontage road to facilitate one inbound lane, one right-turn lane, and one left-turn lane. He stated he has not had a chance to discuss this in detail, but felt it could be worked out with staff. Councilwoman Jorgenson asked if the starting times for the movies would be staggered. Mr. Farrell stated there would be a 15 to 25 minute time lapse between the time one movie is finished and another begins. Councilman Schneider asked Mr. Farrell if he had a preference for either one of the parking plans. Mr. Farrell stated he would prefer the plan which allows for the size of the parking stalls to be 9 by 18 feet. He stated he has been a property manager for several years and has never had any problems with a 9 by 18 foot parking stall. Councilman Schneider stated the parking requirement for the theater only is 259 stalls which is almost six persons per car to fill the theater to capacity. He asked Mr. Farrell the industry standards. Mr. Farrell stated the parking requirement for the theater is slightly below the standard. He stated this requirement varies from one parking stall for every three to six seats, however, generally it is one stall for every five seats. He stated, on the other hand, the parking requirement for retail in Fridley is more stringent than what is required in other cities. He felt, therefore, that one compensates for the other. Councilman Schneider stated if there is combined parking for the theaters and retail and a 9 by 18 foot parking space is allowed, one parking stall for every 4-1/2 seats would be provided. Mr. Sausen, Regional Manager for Perkins Restaurants, Inc., felt the construction of the theaters and retail would definitely benefit Perkins, as well as the other businesses in this area. FRIDL$Y CITY COIINCIL 1rIEETING OF MAY 15, 1989 PAGE 7 Councilman Billings stated he understands Perkins' only concern with Mr. Farrell's request for the cross easement is the matter of liability. Mr. Sausen stated that was correct and it would also be subject to approval by the property owner. Mr. Aill, representing Cinemark Movie Theaters, stated they are excited about coming into this market. Mayor Nee asked if they have any other theaters in this area. Mr. Hill stated they did not at this time. Councilman Schneider asked if these theaters would be the same as the other suburban theaters. Mr. Hill stated he cannot say if it will be first or second run movies as a final decision has not been made at this time. He stated it may change from one to the other, depending on the market and availability of first run movies. Mayor Nee asked Mr. Hill what has been his experience regarding the parking requirements for these theaters. Mr. Hill stated one parking space for every five or six seats is very adequate. He stated most of their theaters would have between 250 to 300 seats or anywhere from 50 to 60 cars would be the maximum at any one time. He stated most of the time it is about half full so there would only be 30 cars. Councilman Schneider asked on an average Saturday night if the theater is filled to capacity. Mr. Hill stated the theater is usually 50 to 60� filled, with the exception being a grand opening. Mr. Brisley, architect for Mr. Farrell, stated they have worked closely with the Cinemark people and the theaters' design will be a 1930's style. He presented several slides showing the site plan, elevations, and the type of construction materials to be used. Councilman Billings stated staff has indicated the building materials would be a painted block and in other conversations, it was indicated the actual dyes would be in the blocks themselves. He stated the developer suggested they look at some other developments and those did have gray block that was painted. He stated he wanted to be sure the blocks used were those with the dye integrated throughout the block. Mr. Brisley stated the blocks that would be used would be those with the dyes throughout the block so if any chipping occurred, the color would still remain the same. He stated rock faced block would also be used in some areas. FRIDLEY CITY COIINCIL MEETINQ OF MAY 15. 1989 PAG$ 8 Mr. Schroer, owner of Bob's Produce Ranch, stated he was very impressed with this proposal. He stated he has talked to Mr. Farrell regarding the parking and given permission to park on his property. He stated since Cub Foods has moved, businesses in this area have been suffering. He felt the addition of the theaters and other retail would be a great asset for the community and surrounding businesses. Mr. Brevitz, representing Conoco (fee owner of Jet Service Stations), stated they support this project to bring the property to its highest and best use. He stated their only concern is the design of the ingress and egress to the service road in order to promote a smooth traffic flow through this area. He stated Jet does utilize the full access onto the service road and their driveway is in line with the existing driveway on this site. Mr. Brevitz stated he wanted to make sure the traffic going south on the service road is able to make that full turn into the service station. He stated other than this concern, they fully endorse this project. Mr. Farrell felt they could address Mr. Brevitz's concern as they do have some flexibility on the location of their driveway. He thought this could be discussed with the City staff. Mr. McLaughlin, 1050 Gardena Avenue, asked for an explanation on the conflict between the Planning Commission's and staff's recommendation. Mayor Nee stated there have been some changes since this item was before the Planning Commission. Mr. McLaughlin felt if there have been changes, this item should be referred back to the Planning Commission. Ms. Dacy stated the Planning Commission did not receive the traffic count information because it was done in response to their concern. She stated the traffic data presented to the Council this evening addresses the Planning Commission's concern, as well as the issue about crossing Osborne Road. She stated at the time of the Planning Commission meeting, the petitioner had not contacted Perkins. Ms. Dacy stated the petitioner now has a cross easement with Perkins which lessens the demand for the need to park across Osborne Road. She stated whether this item is referred back to the Planning Commission is the Council's decision. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:52 p.m. FRIDL$Y CITY COIINCIL l�EETING OF MAY 15. 1989 PAGE 9 �EW BUSINESS: 2� RFfFTVTN(' THF MTNLITFS �F THE PLANNING COMMISSION MEETING OF MAY 3. 1989• A. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A REZONING. ZOA #89-01, BY JEROME FARRE�,L: MOTION by Councilman Billings to waive the reading and approve the ordinance upon first reading, with the following stipulations: 1. Approval of the variance request for the number of parking spaces to be 335 on-site, with cross parking easements to provide 384 spaces. 2. Compliance with the site plan stipulations as recommended by the Appeals Commission as follows: a. The driveway onto Commerce Lane is shifted to the south 15 feet. b. The landscape plan shall be amended to provide a 36 inch planting strip along Osborne Road and the University Avenue Service Drive, and to provide columnar arborvitae instead of columnar buckthorn. c. Underground sprinkling shall be installed in the front and side yard setback areas. d. A storm water management plan must be submitted prior to issuance of building permit and must be approved by the Public Works Director. e. A dumpster detail shall be submitted prior to issuance of the building permit. f. The petitioner shall submit a lighting plan prior to building permit issuance to be reviewed and approved by the Public Works Director. g. The rezoning application must be approved by the City Council. h. The petitioner shall file a plat application to create a separate parcel for the second free-standing building by July l, 1989. i. The petitioner shall submit an on-site traffic sign and pavement marking plan prior to building permit issuance. The one way exits shall be clearly marked on the site. FRIDLEY CITY COIINCIL MEETZNQ OF MAY 15. 1989 PAG$ 10 j. The site plan shall be revised to include landscape islands on the east end of the three interior parking aisles. Seconded by Councilman Fitzpatrick. MOTION by Councilman Billings to amend the above Stipulations No. 1 and 2a and replace 2g with new wording, as follows: 1. Approval of the variance request for the number of parkinq spaces. 2a. The driveway onto Commerce Lane to be approved by staff. 2g. The building materials used in construction of this project shall be as described at this meeting and the blocks are to have the dyes integrated throughout. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF SETTING PUBLIC HEARING ON JUNE 19, 1989 ON VACATION RE4UEST SAV #89-02. TO VACATE THE 30 FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ON IzOTS 1 2 28 AND 29, BLOCK 2 COMMERCE PARK THE SAME BEING 250 OSBORNE ROAD N.E.. BY JEROME FARRELL• MOTION by Councilman Billings to set the public hearing on this vacation request for June 19, 1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes of the Planning Commission meeting of May 3, 1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF APRIL 25, 1989• A. CONSIDERATION OF A VARIANCE VAR #89-04 TO REDUCE THE FRONT YARD SETBACK FROM 3 5 FEET TO 15 FEET TO ALIAW THE CONSTRUCTION OF A MOVIE THEATER• TO REDUCE THE SIDE CORNER YARD SETBACK FROM 35 FEET TO 20 FEET TO ALLOW THE CONSTRUCTION OF A FREESTANDING COMMERCIAL BUILDING; TO REDUCE THE NUMBER OF j�nTTTRFn PARKTNC' STALLS FROM 384 TO 335 • TO REDUCE THE SIZE OF A PARKING STALL FROM 10 FEET BY 20 FEET TO 9 FEET BY 18 FEET: AND TO REDUCE THE PARKING SETBACK FROM 20 FEET TO 17 FRIDLEY CITY COIINCIL 1�8TING OF MAY 15. 1989 PAa$ il FEET: LOCATED O�i LOTS 1 2 28 AND 29, BLOCK 2. COMMERCE PARK._ HE SAME ING 5 S O E OAD N.E. BY JERO E• Ms. Dacy, Planning Coordinator, stated the Appeals Commission considered these variances at their April 25 meeting and recommended approval of the variances with certain stipulations. She stated the one variance which was denied was to reduce the side corner yard setback from 35 to 20 feet. She stated the variance to reduce the size and number of parking stalls was approved subject to the petitioner obtaining cross parking easements so that the total available parking spaces equals 384 spaces. Ms. Dacy stated if the variance for the corner yard setback is not approved, the developer will lose six parking spaces. Mayor Nee asked if there is a safety question involved with this variance for the corner yard setback. Ms. Dacy stated there is adequate site distance to the north, however, if the variance is granted, there should be no landscaping in this area to complicate that site vision issue. Mr. F,arrell stated if the site plan submitted for 313 stalls is accepted and this variance was not granted, they would lose six spaces and drop below the number required by the movie theater. He stated their agreement with them would then become null and void. He stated another alternative is to move the building back to meet the setback requirement, however, with the widening of Commerce Lane, it would place a very large building on the property line. Councilman Schneider stated if other communities have a 4 to 1 parking ratio required for movie theaters, he felt the City may be better off with more spaces, even though they would be smaller than what the code requires. He stated he was in favor of this development, but felt adequate parking was necessary in order for it to succeed. He stated it seems a 9 by 18 foot parking space is what most communities require. Councilman Billings stated, on the other hand, some people have difficulty gettinq in and out of their cars in a 9 by 18 foot parking stall. He also stated not everyone is driving small cars and there are a lot of vans and pickups in the City and larger stalls would be more favorable for the owners of these types of vehicles. MOTION by Councilman Billings to concur with the recommendation of the Appeals Commission and approve the variance to reduce the front yard setback from 35 feet to 15 feet from the Commerce Lane right- of-way line. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLBY CITY COIINCIL ME$TING OF MAY 15. 1989 PAG$ 12 MOTION by Councilman Billings to approve the variance to reduce the parking setback along Osborne Road from 20 feet to 17 feet, with the following stipulations: a. The driveway onto Commerce Lane is shifted to the south 15 feet. b. The landscape plan shall be amended to provide a 36 inch planting strip along Osborne Road and the University Avenue Service Drive, and to provide columnar arborvitae instead of columnar buckthorn. c. Underground sprinkling shall be installed in the front and side yard setback areas. d. A storm water management plan must be submitted prior to issuance of building permit and must be approved by the Public Works Director. e. A dumpster detail shall be submitted prior to issuance of the building permit. f. The petitioner shall submit a lighting plan prior to building permit issuance to be reviewed and approved by the Public Works Director. g. The rezoning application must be approved by the City Council. h. The petitioner shall file a plat application to create a separate parcel for the second free-standing building by July 1, 1989. i. The petitioner shall submit an on-site traffic sign and pavement marking plan prior to building permit issuance. The one-way exits shall be clearly marked on the site. j. The site plan shall be revised to include landscape islands on the east end of the three interior parking aisles. Seconded by Councilman Fitzpatrick. MOTION by Councilman Billings to amend the above motion by changing the wording in item (a) and adding item (k): a. The driveway onto Commerce Lane be approved by staff. k. Building materials shall be as outlined in the May 15, 1989 Council meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF MAY 15, 1989 PAGE 13 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declare the motion carried unanimously. MOTION by Councilman Billings to concur with the recommendation of the Appeals Commission and approve the variance to reduce the parking stall size from 10 feet by 20 feet to 9 feet by 18 feet subject to the petitioner obtaining cross parking easements for a total of 384 spaces, with the above amended stipulations a through k. Seconded by Councilman Schneider. MOTION by Councilman Billings to amend the variance for the parking stall size as follows: Approve the parking stall size variance to a mix of 9 feet by 18 feet and 10 feet by 18 feet subject to the ' petitioner obtaining cross parking easements for a total of 384 spaces, with the above amended stipulations a through k. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Billings, Councilman Fitzpatrick and Mayor Nee voted in favor of this amendment. Councilman Schneider and Councilwoman Jorgensori voted against this amendment. Mayor Nee declared the motion carried by a 3 to 2 vote. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billinqs to concur with the recommendation of the Appeals Commission and approve the variance to reduce the required number of parking stalls on site from 384 to 335 subject to the petitioner obtaining cross parking easements for a total of 384 spaces, with the above amended stipulations a through k. Seconded by Councilman Fitzpatrick. MOTION by G�uncilman Billings to amend the variance to reduce the required number of parking stalls on site from 384 to 313 subject to the petitioner obtaining cross parking easements for a total of 384 spaces, with the above amended stipulations a through k. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Billings, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Schneider and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. UPON A VOICE VOTE TAI�N ON THE MAIN MOTION, Councilman Billings, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Schneider and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. MOTION by Councilman Billings to approve the variance to reduce the side corner yard setback from 35 feet to 20 feet to allow the construction of a free-standinq commercial building, with the above amended stipulations a through k. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Billings, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman FRIDLEY CITY COIINCIL MEETING OF MAY 15. 1989 PAGS 14 Schneider and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. MOTION by Councilman Schneider that the issue of 9 by 18 foot parking stalls versus 10 by 20 foot parking stalls be discussed at a Conference Meeting prior to second reading of the rezoning ordinance for this property. Seconded by Councilwoman Jorgenson. Councilman Billings asked the purpose of the motion and what would be accomplished by delaying this process. Councilman Schneider stated he needs to make a decision on the rezoning based on the parking issue and wants to make sure there is adequate parking. Councilman Billings stated if Councilman Schneider feels 9 by 18 foot parking stalls are adequate, there should be an ordinance amendment and did not feel this developer should be stymied. Councilwoman Jorgenson stated she was out of town all weekend and did not have the opportunity to fully review this matter and felt she needed additional time to make a decision. UPON A VOICE VOTE TAi�N ON THE ABOVE MOTION, Councilman Schneider and Councilwoman Jorgenson voted in favor of the motion� Mayor Nee, Councilman Billings and Councilman Fitzpatrick voted against the motion. Mayor Nee declared the motion failed. MOTION by Councilman Schneider to discuss the issue of the parking stall size at a Conference Meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONTINUED FROM THE PLANNING COMMISSION MEETING OF MAY 3. 1989: C. CONSIDERATION OF A SPECIAL USE PERMIT. SP #89-06, PER SECTION 205.07.O1.0 (4) OF THE FRIDLEY CITY CODE, TO OPERATE A DAYCARE CENTER FOR 35 CHILDREN IN ROOMS 102, 104 AND 106 OF THE ISLAMIC CENTER, ON LOTS l, 2. 3, 4, 5, 6, 17 AND 33, MELOLAND GARDENS, THE SAME BEING 1401 GARDENA AVENUE N.E.. BY ISLAMIC CENTER OF MINNESOTA: Ms. Dacy, Planning Coordinator, stated the Islamic Center is proposing to operate a daycare center serving 35 children at 1401 Gardena Avenue. She stated the property is zoned single family residential and a special use permit is required to operate such a center in an R-1 district. Ms. Dacy stated the daycare would be located in Rooms 102, 104 and 106 of the Islamic Center and the hours of operation would be Monday through Friday from 7 a.m. to 6 p.m. She stated the daycare center would serve no more than 35 children. FRIDLBY CITY COIINCIL !IE$TING OF MAY 15. 1989 PAQE 15 Ms. Dacy stated in alleviate potential traffic tie-ups, staff is recommending that the Islamic Center modify the parking lot to facilitate vehicular movement by removing a small portion of grass and adding a new bituminous surface or about 11 feet on the parking area. She stated because the hours of operation are during the week, there would not be a traffic conflict with activities occurring on Saturday and Sunday at the center. She stated because of the concern there may be a conflict with traffic from Totino- Grace during peak child drop-off times, all children should be dropped off on-site. Ms. Dacy stated staff has attempted to address some of the concerns of the neighbors. She stated one concern was the traffic conflicts during peak hours at this site. She stated the peak hours for the daycare center would be between 7 and 9 a.m. and 4 and 6 p.m. She stated the Totino-Grace class schedule begins at 7:40 a.m. and ends at 1:55 p.m. She stated the daycare center's afternoon peak hours would not be in conflict with the high school hours. Ms. Dacy stated in the morning, there is peak activity between 7:30 and 7:45 a.m. She stated there is stacking space for a left-turn movement into the parking area at Totino-Grace. She stated the predominant movement was the eastbound traffic turning right into the driveway to the high school. Ms. Dacy stated the small amount of traffic generated by the daycare center and the short period of heavy traffic from the high school should not be a major interruption in current traffic flow. Ms. Dacy stated another concern was enclosure of the dumpster and neighbors want this located at the rear of the building. She felt this could be accomplished with the parking lot expansion. Ms. Dacy stated additional traffic and noise along the existing driveway was also a concern. She stated the location of this driveway cannot be reduced in width or relocated to another location on the lot. She stated even though there would be additional traffic during peak hours, it is not an amount which will cause excessive noise. She stated the proposed parking layout wi11 also help to make dropoff/pickup less obtrusive and more efficient. Ms. Dacy stated the neighbors requested the play area not be located along the east side of the building, but along the rear of the building. She stated it has been suggested that the narrow one foot strip of grass between the existing driveway and parkinq lot be maintained on a regular basis. Ms. Dacy stated the daycare could be shifted to three rooms along the north wall of the building. She stated if the play area is located at the rear of the building, it may be more convenient to shift the daycare to this location. FRIDLEY CITY COIINCIL MEETINQ OF �iAY 15, 1989 PAGE 16 Ms. Dacy suggested these concerns be considered in the stipulations for this special use permit request. Councilwoman Jorgenson asked the width of the driveway on the west side of the building. Ms. Dacy stated she would estimate between 22 to 24 feet. Councilwoman Jorgenson stated the driveway is extremely narrow and car lights would shine on the back of the homes. She stated at one time a circular drive was discussed which allowed only for one-way ingress and egress. She felt this may be a possibility. Councilwoman Jorgenson stated she received a number of phone calls from residents in the neighborhood and they were opposed to the daycare center. She stated they referred to the stipulations of another special use permit for this property which have not been completed. She stated she wished to point out that some of the stipulations were not to be completed until August, 1989. Mr. Bailey Tiller, 1535 Gardena Avenue, stated the letter he received regarding this special use permit was most disturbing. He felt the Islamic Center should be given the opportunity to have this daycare center as he felt there is a need to take care of youngsters. Councilwoman Jorgenson advised Mr. Tiller that the Council does not have a copy of the letter to which he is referring. Mr. Tiller presented a copy to the Council which was addressed to Fellow Fridley Homeowners regarding Special Use Permit SP #89-06. The letter addressed concerns of the residents regarding stipulations of Special Use Permit SP #$$-17 and concern about this special use permit. Mr. McLaughlin, 1050 Gardena Avenue, voiced his concern about the traffic and how it would be controlled. He stated the additional traffic would be a severe inconvenience and raised the risk of additional problems in this area. He stated when the Islamic Center received their special use permit, the neighborhood residents were told there would be about 300 people at their gatherings, but they had over 600 at their last event. He questioned if they would eventually have more than 35 children, if they received this special use permit. Ms. Johnson, 1413 Gardena Avenue, stated when this property was used as a school, the whole street was lined with cars. She stated since the Islamic Center uses the property as a church, she does not have a problem and find them to be more friendly than her neighbors. She stated as far as a daycare center, it is needed. Ms. Palmer, 1329 Gardena Avenue, stated when the building was used as a school, there was parking along the building and the area now FRIDLEY CITY COIINCIL l[EETINa OF iLAY 15. 1989 PAaE 17 used for parking was formerly a basketball court. She stated this area was not designed as a parking lot. She stated liqhts from cars coming into the lot shine into her home. Ms. Palmer stated the Islamic Center has not met the stipulations of the special use permit that was issued to them and has not done anything as far as weed control. She stated if the Foco's did not have their travel trailer, they would be viewing the garbage dumpster as it is not enclosed. Ms. Palmer also questioned who is the fee owner of the property, Islamic Trust or the Islamic Center of Minnesota. Mr. Amin Kader stated the Islamic Center of Minnesota is actually part of a Trust and the Trust requested the permit as the owner of the property. Mr. Kader stated as far as the dumpster, the only time it is moved is when the trucks come to empty it. He stated there have been major improvements since this property was operated by Faith Academy. He stated they are serious about their commitment to improve the property and meet the deadlines outlined in the special use permit. Mr. Kader stated he met with the City Manager, Mr. Burns, and the Islamic Center will cooperate fully with the City. He stated in reference to the daycare center, the majority of the children for this center will come from the neighborhood. He felt the traffic would not be affected to any extent. He stated the Islamic Center is part of the community and opens its facility to the neighborhood. Councilwoman Jorgenson stated in regard to their recent event, she stated it is preferred that the cars park in Totino-Grace's lot rather than on the street. She stated a concern was a gentleman was trying to direct traf f ic and was not aware that some people had to go down Gardena and tried to direct them to Totino-Grace. She suggested if help is needed with crowd control, to call the City rather than endangering the church members. Mr. Kader stated this was their first event and the next one will be much better organized. He stated two cars were parked in the wrong area and they should have been towed. Councilman Schneider shared with the audience a letter from the City Manager to Mr. Kader outlining steps to eliminate any future problems. Mr. Ansari, President of the Islamic Center, stated he tried to obtain assistance for traffic control, but was not successful. �RIDL$Y CITY COIINCIL MEBTINa OF MAY 15. 1989 PAGB 18 Councilwoman Jorqenson stated she would suggest the Islamic Center contact the City Manager's Office during regular business hours if they need assistance for traffic control. Mr. Ansari stated they will make a conscious effort to meet all the stipulations and take care of the property and building to have a good harmonious relationship with the neighborhood. Ms. Foco, 1345 Gardena Avenue, stated at the time Faith Academy was in this building, there was discussion about installing a privacy fence and having the driveway go around the school to make the access one-way. Councilman Schneider asked if a solid wood screening fence was installed along the back of the parking lot and the driveway, if this would be helpful. Ms. Foco stated it would help, but she would like to bring the driveway around the school to make the ingress one-way. Mr. Minear, 1291 Gardena Avenue, stated if this building had not been constructed by another governmental agency, the facility would not have been allowed on the property. He stated it was interesting that earlier this evening the Council debated the issue to allow parking in a commercial area that would be within 20 feet of a side road. He stated in this case, parking is within one foot of a residential area. He stated it has been pointed out, this is not a parking lot, but a basketball court. Mr. Minear stated it would seem reasonable that the parking lot be adjusted relative to the property line in accordance with the standard zoning ordinances of that area. Mr. Minear stated if he bought the property ar►d tore down the building, he would not be allowed to construct a single car garage as close to the property line where a driveway now exists. He felt this issue has to be addressed. He stated the people who own the facility are working hard to be good neighbors, however, it is difficult with the multiple use and a poorly designed facility. Councilman Schneider stated several years ago, there was a proposal for improving and e3cpanding the parking. He stated he was against this proposal as it felt it would significantly increase the use of the property and increase traffic and be detrimental to the neighborhood. He stated perhaps the situation has changed and the Council should review that proposal. Mr. Minear stated there is no simple solution due to the bad design. He stated he hoped the Islamic Center understands the feelings of the neighborhood and does not feel this is a personal attack. He stated the Church-on-the-Move had a rather elaborate parking plan and no one liked it because of the number of cars. FRIDLEY CITY COIINCIL KE$TING OF l�AY 15, 1989 PAGE 19 Councilman Schneider stated he believed the idea of expansion of the parking lot turn-around was to minimize cars stopping on Gardena and dropping off children. Ms. Dacy stated staff would prefer cars do not stop on Gardena and there is the possibility of shifting the parking more to the north and pr.oviding more landscaping. Councilman Billings stated at the time the item was previously before the Council, he was Chairman of the Planning Commission and, as he recalls, there is not sufficient space to have an adequate 22 foot wide driveway on the east side of the building. Councilman Schneider asked Mr. Kader if they would be willing to move the parking further to the north. Mr. Kader felt, at this point, it would be a lot of expense. He stated the parking areas in the middle of the lot are not near neighboring property owners. He stated they would like to plant some trees by the fence on their property and the Foco's property. Councilman Schneider asked Mr. Kader if they would be willing to work with the Foco's to come up with an acceptable plan. Mr. Kader stated he had no objection to meeting with the Foco's. MOTION by Councilman Schneider to table this item, with the understanding that staff will initiate a meeting between the Foco's and representatives of the Islamic Center to try and work out a plan that is acceptable to both parties. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. CONSIDERATION OF SETTING A PUBLIC iiEARING ON JUNE 5, 1989 ON PRELIMINARY PLAT. P.S. #87-05, TARGET NORTHERN DISTRIBUTION CENTER ADDITION, TO CREATE TWO LOTS BY REPLATTING OUTLOT 1,_ BLOCK 1 FRIDLEY INDUSTRIAL PARK PLAT 1. ANOKA COUNTY MINNESOTA. SUBJECT TO EASEMENTS, BY TARGET STORES. INC.: MOTION by Councilman Billings to set the public hearing for this preliminary plat on June 5, 1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. TTEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 9, 1989: A. CONSIDERATION OF A VARIANCE VAR #89-07, TO INCREASE THE HEIGHT OF A BUILDING FROM 45 FEET TO 52 FEET; AND TO REDUCE THE DISTANCE FROM THE HARDSURFACE AREA TO THE BUILDING FROM 5 FEET TO 1 AND 2 FEET TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING LOCATED ON LOT 1 BLOCK 1 HILLWIND ADDITION. THE SAME BEING 941 HILLWIND ROAD, AND ON LOT 3. AUDITOR'S FRIDL$Y CITY COIINCIL MEBTINa OF ILAY 15. 1989 PAGE 20 SUBDIVISION NO 25 THE SAME BEING 1001 HILLWIND ROAD N.E.. BY CHERYL STINSKI: Mr. Robertson, Community Development Director, stated this variance is to allow an increase in building height from 45 to 52 feet and to reduce the distance from the hardsurface area to a building from 5 feet to 1 and 2 feet for the new office building being constructed on Hillwind Road. He stated the petitioner, Ms. Stinski, has changed the building style to a cantilevered approach to maximize the site area for parking and to meet other setback requirements. He stated with cantilever construction, deeper beam systems are required to provide adequate strength which necessitates the need for this variance. Mr. Robertson stated the variance to reduce the distance from the hardsurface area to a building is needed as the north side of the building will have only a two foot separation and the east side will have a one foot separation. He stated the intent of the five foot separation between the parking area and building is to provide adequate space for an auto overhang and pedestrian movement. He stated these two affected areas are proposed for driveway access and access into the parking garage and the variance would not be contrary to the intent of the ordinance. Mr. Robertson stated the Appeals Commission recommended approval of these variances with the stipulation that the two tax parcels be combined subject to the plan dated April 25, 1989 and to the grading and utility plan dated April 18, 1989. Councilwoman Jorgenson asked if there would be any problem as far as firefighting with a building height of 52 feet. Mr. Aldrich, Fire Chief, stated this would not be a problem as the firefighting equipment permits them to go to a height of 108 feet. Mr. Pope, architect for Ms. Stinski, stated they have located the building toward the center of the site and, with graphics, illustrated that the 52 foot high building at this location on the site has less visual impact from adjacent properties than if constructed at a height of 45 feet at the permitted minimum side yard setbacks. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant the variances, VAR #89-07, to increase the height of a building from 45 feet to 52 feet and to reduce the distance from the hardsurface area to the building from 5 feet to 1 and 2 feet, with the stipulation that the two tax parcels be combined subject to the plan dated April 25, 1989 and to the grading and utility plan dated April 18, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. F�IDLSY CITY COIINCIL MEgTING OF 1sAY 15, 1989 PAGE 21 RECESS: A recess was called at 10:47 p.m. by Mayor Nee. RECONVENED: Mayor Nee reconvened the meeting at 10:55 p.m. All Council members were present. 6� �SATTTTTC)N NA_ d5-1989 Ai1THORIZING ENTERING INTO A SIXTH RIDER AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE BOARD OF WATER COMMISSIONERS WITH THE CITY OF ST. PAUL: Mr. Flora, Public Works Director, stated Commerce Lane from 73rd Avenue to Osborne Road is scheduled to be reconstructed this summer. He stated as part of this improvement, it is planned to construct a 15 inch storm sewer pipe under Osborne Road west of Main Street. He stated this would involve crossing the St. Paul Waterworks easement which requires a permit. Mr. Flora stated this agreement is a prerequisite to obtaining this permit and requested the Council consider adoption of this resolution. MOTION by Councilman Billings to adopt Resolution No. 45-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. CONSIDERATION OF AN ANOKA COUNTY REGIONAL RAILROAD AUTHORITY STUDY GRANT AGREEMENT BETWEEN ANOKA COUNTY REGIONAL RAILROAD AUTHORITY AND THE CITY OF FRIDLEY: MOTION by Councilman Schneider to authorize the City entering into this Study Grant Agreement with the Anoka County Regional Railroad Authority. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF CHANGE ORDER NO. 5 FOR STREET IMPROVEMENT PROJECT NO. ST. 1988 - 1& 2: Mr. Flora, Public Works Director, stated the terms of the development agrement between the Housing and Redevelopment Authority and the Northwest Racquet, Swim an'd Health Club, Inc. and Moore Lake Associates stipulates that $95,000 of landscape and irrigation improvements are to be installed by the City. He stated due to favorably low unit prices, the total scope of the work as bid was $79,184. Mr. Flora stated to satisfy the agreement, the HRA at their May il meeting approved this change order and requested the Council's approval. MOTION by Councilman Schneider to approve Change Order No. 5 for Street Improvement Project No. ST. 1988 - 1& 2 with C.S. McCrossan FRIDL$Y CITY COIINCIL MEETING OF MAY 15, 1989 PAGE 22 Construction Company, Inc. in the amount of $I5,815.50. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF CHANGE ORDER NO. 8 FOR FRIDLEY MUNICIPAL CENTER PROJECT NO. 189: Mr. Flora, Public Works Director, stated this change order consists of Proposal Requests Nos. 6, 20, 33, 38, 50, 68, 71, and 72 involving miscellaneous changes for the Municipal Center. He stated of the total, $16,676, the Municipal Center accounts for $12,817 and $3,859 is for the parking ramp. MOTION by Councilman Schneider to approve Ghange Order No. 8 for the Fridley Municipal Center Project No. 189 in the amount of $16,676. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO 46-1989 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF A SATELLITE FIRE STATION: Mr. Aldrich, Fire Chief, stated this proposed satellite fire station will, basically, follow the same plan as the one constructed on Old Central Avenue. He stated an add-on will be provided with some minor interior changes. Mr. Aldrich presented slides of the site plan. Mr. Aldrich stated the specifications provide for an alternate roof system. He stated the contractor who built the other satellite fire station indicated that if a different roof system was used, there is a possibility of savings up to $5,000. He stated the building with the add-on would be about 2,600 square feet. Mr. Aldrich stated the drainage and landscape design would be done by the City staff. MOTION by Councilman Fitzpatrick to adopt Resolution No. 46-1989. Seconded by Councilman Schneider. Councilman Billings asked who will design the plan for drainage. Mr. Flora stated the Engineering Department will be designing the drainage plan. Councilwoman Jorgenson asked the timetable for completion of this fire station. Mr. Aldrich stated it is hoped that an open house can be held during Fire Prevention Week the first part of October. UPON A VOICE VOTE TAi�N ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEBTING OF MAY 15. 1989 PAGE 23 11. �ONSIDERATION OF RECEIVING BIDS AND AWARDING CONTRACT FOR THE DICTATION E UIPMENT FOR THE MUNICIPAL CENTER: Mr. Kucera, Media Specialist, stated bids were opened on May 11 for dictation equipment for the Municipal Center. He stated only one bid was received from Wahl & Wahl, Inc. for $18,355.50. He stated it is recommended the Council award the bid to Wahl & Wahl. Councilman Schneider asked if staff knew why no other bids were submitted. Mr. Kucera stated to his knowledge, there are only two companies that provide digital dictation equipment. He stated one is Wahl & Wahl and the other company showed an interest in bidding, but failed to meet the deadline specified in the specifications. Mr. Xucera stated this digital dictation system is easier for the transcriber to understand and more flexible for the future as voice mail can be added as an option. Councilman Schneider questioned the additional cost for digital versus an analog system. Mr. Burns, City Manager, stated it was found the digital system costs much less than anticipated. He stated the cost for an analog system would be about $20,000. Mr. Kucera stated the reason a digital system may be less costly is because some of the hardware is not needed. Councilman Schneider asked if there was a specific reason for a digital system, rather than an analog system. Mr. Burns stated with the analog system, there is some distortion in the voice. Councilman Schneider asked if he had a standard cassette, if this could be connected into the system. Mr. Kucera replied in the affirmative. Councilman Schneider asked if any companies who have this system were contacted to determine if they were satisfied with this equipment. " Mr. Kucera stated he contacted the Washington County Sheriff's Department and the Anoka County Secretarial Service. He stated both these organizations are very pleased with this equipment and they have not had any service calls or complaints. Mr. Hunt, Assistant to the City Manger, stated the digital system makes it easier to meet the confidentiality requirement. He stated each person enters a code for access to the main tank. He stated FRIDLEY CITY COIINCIL ME$TINa OF 1SAY 15, 1989 PAGE 24 it gives the Police Department the capability of using the tank, without other departments having access to confidential information. MOTION by Councilman Schneider to receive the bid from Wahl & Wahl, Tnc. for $18,355.50 for digital dictation equipment for the Municipal Center. Seconded by Councilwoman Jorgenson. Upon a voice vote, alI voting aye, Mayor Nee declared the motion carried unanimousZy. MOTION by Councilman Schneider to award the bid for the digital dictation equipment for the Municipal Center to Wahl & Wahl, Inc. for a total of $18,355.50. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF PARTICIPATION IN "CELEBRATE MINNESOTA 1990"� Mr. Hunt, Assistant to the City Manager, stated the Fridley Historical Society has requested the City apply for membership in '�Celebrate Minnesota 1990". He stated the Celebrate Minnesota Project a2lows for small grants for beautification of cities in conjunction with the sports festival of 1990. Mr. Hunt stated the Historical Society would like to apply for a grant for landscaping their museum, but would not be eligible unless the City is an official member. MOTION by Councilman Fitzpatrick to approve the City's participation as a member in "Celebrate Minnesota 1990". Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. APPOINTMENT: CITY EMPLOYEE: MOTION by Councilman Schneider to concur with the following appointment by the City Manager: �1AME Judy Melham POSITION Data Input/ Utility Billing Clerk (non-exempt) STARTING SALARY $9.16 per hour ($1,587.98 per mo.) STARTING DATE May 16, 1989 REPLACES Betty Okerstrom Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. F�tIDLBY CITY COIINCIL �KBETING OF 1�IAY 15. 1989 PAGE 25 14. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claims No. 26137 through 26382. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. ESTIMATES: MOTION by Councilman Billings to approve the estimates as submitted: C.S. McCrossan, Inc. P.O. Box 1240 Maple Grove, MN 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 11 . . . . . . . . . . . . . . . $8,874.21 J.T. Noonan 360� - 48th Ave., N. Brooklyn Center, MN 55429 Corridor Maintenance Project No. 190 Estimate No. 1 . . . . . . . . . . . . . . . $ 4,980.72 Volk Sewer & Water, Inc. 8909 Bass Creek Court Brooklyn Park, MN 55428 Water, Sanitary Sewer & Storm Sewer Project No. 188 Estimate No. 1 . . . . . . . . . . . . . . . $ 48, 549 . 75 Civic Center Remodeling Pay Application #8 Through April 30, Z989 . . . . . . . . . . .$ 260,437.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated the Governmental Advisory Committee has been reactivated to provide input on the light rail transit system and a meeting will be held at 8 a.m. this Wednesday. FRIDLBY CITY COIINCIL MEETINQ OF 1�tAY 15, 1989 PAGE 26 �DJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 15, 1989 adjourned at 11:20 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: CITY OF FRIDLEY M E M O R A N D II M . TO: WILLIAM W. BIIRNB, CITY MANAGER,� � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: PUBLIC HEARING FOR JOE DiMAGGZ0�8 RESTAORANT DATE: MAY 23, 1989 Attached you will find the Public Hearing Notice that will appear in the Fridley Focus according to the City Code. On June 5, 1989, this item should be incorporated into the City Council Agenda. Attachment 1 CITY OF FRIDLEY PIIBLIC HEARIN(i BEFORE THE CITY COIINCIL TO WHOM IT MAY CONCERN: Notice is hereby given that the council of the City of Fridley will hold a public hearing at the Community Education Center, 6085 - 7th Street Northeast on June 5, 1989 at 7:30 p.m. on the question of issuing an On-Sale Liquor License to Joe DiMaggio's Restaurant for the property located at 1298 East Moore Lake Drive. Anyone having an should make their public hearing. SHIRLEY A. HAAPALA CITY CLERK interest in this matter interest known at this Publish: May 24 and 31, 1989 0 1A C� � � ci�roF FRlDLEY DATE: TO: FROM: SDBJECTt COii/iMUNITY DEVELOPMENT DEPARTMENT MEM4RANDLIM May 26, 1989 � ,(,� . �j William Burns, City Manager�• Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator Public Hearing for Final Plat, Target Northern Distribution Center Attached is the staff report for the subdivision of the Target Northern Distribution Center property located at the southwest corner of 73rd Avenue and TH 65. The Flanning Commission recommended approval of the preliminary plat request subject to the stipulations recommended by staff. The Subdivision Ordinance requires the City Council to hold a public hearing for a final plat. After the conclusion of the public hearing, staff recommends the City Council approve the final plat with the stipulations recommended by the Planninq Commission and that staff be directed to prepare a resolution authorizing the Mayor and City Manager to sign the final plat. BD:ls M-89-276 � � 2A � STAFF REPC�RT APPEALS DATE C]�QF PLANIWNG COMMISSION DATE : May 3, 1989 FRIDLEY CIN �CIL �/�� : June 5, 1989 AuTHOR BD��_ REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION siTE �aTa SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING �$ PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILiTY WITH ADJACENT USES 8� ZONBVG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATlON APPEALS RECOMMENDATION PLANNING GOMMISSION RECOMMENDATION P.S. ��87-OS Target Stores, Inc. To subdivide the parcel into two lots. ]090 - 73rd Avenue N.E. 76 acres N/A M-2, Heavy Industrial North, R-1, Single Family; East, C-2 and M-1, Light Industrial; South, P, Locke Park; West, M-2, Heavy Industrial. Municipal services are available to the site. Will be reQuired at time of building permit issuance. N/A Yes Yes Petitioner is in the process of securing an Army Corps of Engineers' permit. Approval with stipulations. 2B Staff Report P.S. #87-05, Target Page 2 REQUEST The petitioner proposes to plat its 76 acre property into two parcels. The eastern lot will contain the existing Targ�et facility. The westerly lot will contain the proposed warehouse expansion. �� BACKGROUND � The City Council approved the vacation of Able Street in 1984, subject to execution of a relocation agreement. The relocation agreement required Target to relocate Able Street to another point in the property. At that time, the entrance to Locke Park had not been improved by Anoka County. Since Anoka County has constructed an improved access to Locke Park from 71st Avenue, vehicular access from the north is no longer necessary. However, a bikeway/walkway is still needed to connect Locke Park to the proposed bikeway/walkway on 73rd Avenue. In 1987, Target had anticipated constructinq the expansion between 1988 and 1990. In 1987, they prepared the required Environmental Assessment Worksheet (EAWj. The City Council reviewed the EAW and on August 3, 1987 declared that the EAW was adequate and an Environmental Impact Statement (EIS) was not necessary. ANALYSIS The parcel currently occupied by the existing Target facility totals approximately 22 acres. The vacant parcel to the west totals approximately 54 acres. The proposed plat shifts the current lot line between the two parcels 33 feet to the east leaving approximately 15 feet between the existing building and the lot line. The proposed site plan, however, locates the proposed building less than ten feet from the existing building. Section 205.18.03.D.(2) of the M-2 district requires a 20 foot side yard between the lot line and the building. However, the ordinance also states that no side yard is required if a common wall is provided between the two buildings which meet the requirements of the building code. If the buildings are separated, the buildinq code requires 120 feet of separation. This issue should be resolved prior to final plat consideration by the City Council. The site plan and plat should be amended accordingly. Bikeway/Walkway A 15 foot bikeway/walkway easement currently exists on the existinq Target parcel. The proposed preliminary plat indicates a 15 foot bikeway/walkway easement along the north lot line of the property 2C Staff Report P.S. #87-05, Target Page 3 abutting 73rd Avenue. A 15 foot bikeway/walkway easement should also be conveyed along the west lot line of the proposed expanded property and meander through the two proposed detention ponds to connect to the bikepath on 73rd Avenue. Conveyance of this easement will conform to the vacation agreement passed by the Cit� Council. � Wetlands The 1987 site plan proposed construction of the parking lot and building through the Type 3 wetland, which is located approximately in the center of the total parcel. One of the issues addressed in the EAW was that the petitioner conform to all appZicable DNR and Army Corps of Engineers regulations regarding wetland filling. The DNR indicated that because the wetland size was smaller than 2.5 acres that it was not regulated by their agency. However, the Army Corps of Engineers does have permit authority on the wetland. The petitioner has subsequently revised the plan pursuant to the Army Corps direction to shift the parking lot to the west and to recreate a wetland area lost by the construction of the building. The petitioner must receive an Army Corps permit prior to grading on the property. The Rice Creek Watershed District must also review the storm water plan. The petitioner should also receive approval from the Watershed District prior to any grading on the site. Grading and Drainage The petitioner is utilizing the two low areas in the northwest corner of the site for two proposed detention ponds which will accept runoff from the expanded impervious area. The proposed building is 82,075 square feet larger than the 1987 proposal. The Engineering Department reviewed the storna water calculations and drainage plan to determine if there was a significant increase in the amount of lot coverage and runoff which would trigger another review of the EAW. The current proposal would increase the lot coverage from the 1987 proposal from 32$ to 33.7�. The Engineering Department concluded that the increase is minor and that the storm water calculations and plans are acceptable subject to approval by the Army Corps of Engineers and the Watershed District. Traffic When all building expansions are completed, there will be 480 warehouse employees and 80 executive employees, for a total of 530 employees. This is less than the 700 employees anticipated in the 1987 proposal. 2D- Staff Report P.S. #87-05, Target Page 4 The site plan proposes construction of 361 spaces for trucks/trailer parking and 496 spaces for automobile parking. Approximately 116 spaces will be created along the east and north sides of the existing building for truck/trailer parking. •By ordinance, 560 spaces are required. The applicant has provided a total of 973 spaces, well exceeding the ordinance requirement. Access for employee vehicles and visitors will be maintained at the AbZe street entrance. Truck ingress and egress will be limited to the access from the service road alonq Central Avenue. The access proposed on 73rd Avenue west of Able Street is proposed only as an entrance for service vehicles for the small office building in front of the proposed expansion. Should a strike occur such that the entrance on the service road is picketed and/or blocked, the existing entrance on 73rd Avenue would be used. Widening of 73rd Avenue to four lanes is programmed by the City for construction in 1991. The improvement consists of expandinq the pavement on the south side of 73rd Avenue ten feet and addinq curb and gutter. The improvement can occur within the existing 73rd Avenue right-of-way. However, construction of the bikeway/walkway will have to occur within the property lines, thus the necessity for the bikeway/walkway easement. Both employee and truck traffic will increase as a result of the proposed expansion. The employee traffic will increase to 530 employees entering and leaving the site. Truck traffic is expected to increase to approximately 174 trucks per day. Current ADT on 73rd Avenue is approximately 8,500. The increase in traffic from the employee access should not adversely affect the traveling capacity of 73rd Avenue. The capacity of 73rd Avenue as a two lane roadway is 15,000 ADT. TH 47 and TH 65 will also experience an increase in truck traffic due to the expansion. The petitioner indicates that the majority of truck traffic will access the site from TH 65. Neighborhood Meetinq The petitioner conducted a neighborhood meetinq on April 25, 1989. One of the concerns of the neighborhood was whether the improvement on 73rd Avenue would affect the frontage road abutting the Melody Manor area. The proposed improvement project will not alter the current configuration of the frontage road and is limited to pavement expansion on the south side of the street. The neighborhood was also concerned regarding the secondary access on 73rd Avenue, west of Able Street. They requested the petitioner realign the driveway into the parking area so that the "straight on, direct" view is not achieved into the parking area. 2E Staff Report P.S. #87-05, Target Page 5 The petitioner indicated that landscapinq will be installed at the curve of the driveway to block the view into the site. Landscaping The petitioner is currently preparing a landscape plan in response to the neighborhood comments regarding maintaininq an appropriate buffer between the facility and 73rd Avenue and replacinq some of the vegetation that would be lost during grading of the site. A 200 foot setback will be maintained between the parking area and the front property line. While some of the vegetation will have to be removed in the area around the wetland, approximately 100 feet of existing vegetation will remain. The petitioner also proposes to replace trees lost by grading by planting 6'-8' evergreens and 4"-8" deciduous trees. Proposed Expansion Three building expansions are proposed. The new building on Lot 2 is proposed to be 569,250 square feet. It is proposed to be expanded 86,625 square feet. The proposed building will be approximately 35 feet high and will be constructed of precast concrete materials. Finally, a 91,700 square foot expansion is proposed at the northeast corner of the existing building. Exterior Storage Pallet storage is indicate of spaces for truck/trailer special use permit for any areas be utilized for trucks/trailers, a special SUNIlKARY d on the site plan storage. The M-2 exterior storage. ongoing storage use permit process as well as a number district requires a Should the proposed of pallets and is required. The proposed preliminary plat meets the requirements of the subdivision and zoning ordinance, subject to resolution of the location of the proposed building in relation to the shifting of the lot line between the two properties. The use contemplated is permitted by the M-2 district. The site plan and gradinq and drainage plan also meet the requirements of the ordinance. RECOMMENDATION Planning staff recommends the Planning Commission recommend approval of preliminary plat, P.S. #87-05 to create two parcels for the existing Target building and the proposed warehouse building, subject to the following stipulations: 2F Staff Report P.S. #87-05, Target Page 6 l. The lot line shall be located between the two parcels, such that either the required setback is maintained between the lot line and building, or the proposed expansion is connected to the existing building by a common wall. The petitioner shall revise the site plan and preliminary plat prior to final plat consideration by the City Council. �� 2. The petitioner shall receive approval from the Army Corps of Engineers and the Rice Creek Watershed District prior to grading the site. 3. The petitioner shall submit a landscape plan prior to building permit issuance. 4. The petitioner shall convey a 15 foot bikeway/walkway easement along 73rd Avenue and along the new west lot line alignment to connect to the 73rd Avenue easement. A bikeway/walkway construction plan shall also be submitted for review by the City. 5. Truck/trailer access shall be limited to the entrance on the Central Avenue service road, except in strike or emergency situations, where the entrance west of Able Street may be used temporarily. 6. A special use permit application must be filed for exterior storage on the property. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the preliminary plat as recommended by staff except for changes in stipulations as follows: 1. The_petitioner shall revise the site plan and preliminary plat orior to final plat consideration by the City Council. 5. Primary truck trailer access shall be limited to the entrance on the Central Avenue service road with secondary access at existing Able Street. STAFF UPDATE Target has indicated to staff that the proposed building expansion will be attached to the existing structure. Target has also revised the plat to shift the lot line between the two lots 15 feet to the west. The Planning Commission inquired as to whether or not the property would have to be platted as two lots if Target was to attach the building to the existing structure. The Anoka County Staff Report P.S. #87-05, Target Page 7 Surveyor' s of f ice has advised that two lots must be platted because the westerly portion of the property is torrens property and the easterly portion is abstract. ' Target has accordingly amended the plat as recommended by Anoka County to read as Lots 1 and lA. This also resolves and eliminates the need for stipulation #1 recommended by the Planninq Commission. Target has also applied for a special use permit for exterior storage for Planning Commission review on June 21, 1989, and City Council consideration on July 10, 1989. CITY COUNCIL RECOMMENDATION Staff recommends the City Council approve the Final Plat request, PS #87-05, subject to the plat dated May 25, 1989, and subject to the foZlowing stipuZations: 2. The petitioner shall receive approval from the Army Corps of Engineers and the Rice Creek Watershed District prior to grading the site. 2. The petitioner shall submit a landscape pZan prior to building permit issuance. 3. The petitioner shall convey a 15 foot bikeway/walkway easement along 73rd Avenue and along the new west lot line alignment to connect to the 73rd Avenue easement. A bikeway/walkway construction plan shall also be submitted for review by the City. 4. Primary truck trailer access shall be limited to the entrance on the Central Avenue service road with secondary access at existing Able Street. 5. A special use permit application must be filed for exterior storage on the property. 2G P.S. ��87-05 Target �H J� l .�... ..- . . ... . . . .. . . � .. . . � � 59 'ON JItfMH�JIH - -- - •'" � �Nflal - _ � - - -- 31tl1S t + u�- zo L r7d NOI! �LN3/InMOA' �� MO/II�LdAdSN►��/1 !O 1N�1►LY/N30 �lOS3NNHI . IAY )��0 J��Y � ..,.. 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I!!'�_r�- -r�_L i � � ' r J _ � � 1 � � ' ' _�.. _L _r t '_"t _'_ 1 - - L !- � 1- 1 - 1 '_ r J-� -� 1 i ��-. , � � � - � r . i _� _ r� � ��• �� i � i i � �,.. • • . . . 1 i • 1 � � �. :;au,:uilu'ii,±��±��l�f,�"L;ftt�'�; .____ _- :: _---�_=_ - --, . :cn*nrt mE. av,. w �� --- � � � � � Q� .�.. m r Q � � rI N � � � �, z � W h � � z � 4 �A ��P.s. 4�8�—i�sM W � Target W � 2 � 2 • W t9 2 �- J � N 2 0 � W ' > � • � . . W � � 0 a 0 1987 Site Plan e � crnroF F�� COl1/iMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: May 26, 1989 �� TO: William Burns, City Manager�!�� FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Public Hearing for Vacating a 30 Foot Drainage and Utility Easement, 250 Osborne Road N.E. Attached is the staff report for vacating a 30 foot drainage and utility easement on property located at 250 Osborne Road N.E. The Planning Commission recommended approval of the vacation as recommended by staff. Staff recommends the City Council approve the vacation request as recommended by the Planning Commission. BD:ls M-89-271 0 u � 3A � STAFF REPORT APPEALS DATE C�� QF PLAN(�NG COMMISSION DATE : May 3, 1989 FIZIDLEY CITY COIJNGL DATE � June S� 1989 AuT�i BD/dn REQUEST PERMIT NUMBER APPLICANT PROPOSEO REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING ��S PARK DEDlCATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATlBILITY WITH ADJACENT USES 8� ZONWG ENV(RONMENTAL CONSIDERATIONS STAFF RECOMMENOATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SAV 4�89-02 Jerome Farrell To vacate the drainage and utility easement located along the common lot line of Lots 1, 2, 28 and 29, Block 2, Commerce Park 250 Osborne Road N.E. 4.82 acres N/A C-1, Local Business North; C-3 and C-2 commercial uses; South, M-1 and C-1 industrial and commercial uses; East, C-2 automotive stati West, M-2 industrial uses. Municipal services are available to the site. Required for construction of secondary free standing bldg. None Yes Yes N/A Approval with stipulations 3B Staff Report SAV #89-02, Jerome Farrell Page 2 REQUEST The applicant is requesting approval of a vacation, to vacate a 30 foot drainage and utility easement along the common lot line bf Lots 1, 2, 28 and 29, Block 2, Commerce Park Addition. When the property was originally platted in 1965, it was anticipated that some type of utility or drainaqe improvement would be necessary in this area. ANALYSIS There are no existing utilities within this easement. The petitioner is proposing to regrade the site and to install private utilities on-site to connect to the storm sewer system in Commerce Lane. Because there is no public purpose served by retaining this drainage and utility easement, vacation is warranted. RECOMMENDATION Planning staff recommends the Planning Commission recommend approval of vacation request, SAV #98-02, to vacate a 30 foot drainage and utility easement along the common lot lines of Lots 1, 2, 28 and 29, Block 2, Commerce Park Addition, subject to approval of the rezoning and variance requests. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the vacation request as recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends the City Council approve the vacation request as recommended by Planning Commission. /NC. SAV �89-02 Je Farrell 3 . � C lT`�' ��. F!�! I�LE�' COI,��!TY �� , , � � � �� .� , � .^ e w ,-�S�J � �� , �P °� '� / 83'" sq.s► .;'�, `P��Pr,I: �� _.'J Z• 50 �•R-26j7 •��°�., . 4.�a, ' M - /, 6�3a E� pA 0 32d��. -;� A.3 046� �o•�, � , � � �� y�4 q � �:ID;,.� : � �i �"rA Qte v 1 A/. �q y � �' a / � '�� '�'� ' w t yq� R,�61� -m � ' �n � �' ,�. � � � q> A'' ^ �; `^°� v �. � � cn -a, a � �n ``� 1 ` / , ' 3 / �, �r9 ' S9 = � `9 �'a. �-1" Ts N °� � � �; ` � �,� ° Q ` �ment to be Vacated , . � � ' ► ' � / .r� .v . . v s "'O•�a ;V ^ • � v' 60N,-,. 433•/' ` ';+c'� s`� • s' ' � � ', i / � � ' . „3� �,72:E' 'sv, 9 'v ��`�_ �1 � � � � i 0 . � Z '�' � `r .r � + ` 2 �.3� �5 ' i ' , y"�.� � � ' ` / A - � � P�.2p .�9 � •� Q � �� a�'- 0 �� ` ° r'�., 2�! 247. G'7 �`�'�- H trt ^` . � N `� •Q 'Zi�3 ' p � � � �� a�,,, 2 jD�e Y t SO_ �� A .gN . <� �/ 'I �'�' � bq0' � � � 361.44 253•SO �..� L Q� 7 N. y9'�D'-,+2'"E. ti' B? d9 i6"'W. ' 9�.� .. °� � _ n� .s � N Z � I / `--" � \'� _ ` O n I . ♦I J p � \ � 1� �' �•, Z1 �o � 2 S3. 67 �r i c . N � dN 667. oB '" � E�lS� _ -.. � _I_ . _. �� <=' �� ;P ,--, N o � i eN h `..� P N ��. � Z � v .; 4, . �� ---� �� ` p �.'�101.'1\ ��' � , - - ti, . � � , � \ _ t �� V /0�3_4 �o c� � � � � �D �p ; ; � � N`N o "' N aN 3/2• 6B �6 28790 7V b . �. I°OJ ') -- �?�"l�� I�'7 S� l �� ti 25 � �t3�� -- � 280. /O � � V N ` ¢ N V\ ,O � _ 2S4.OS �.. � �o y oo° � 2 54. s7 a°,r \ . �� 6 00 2SS.2i a�. -�5uu:� 7 ,�oo 2 56.03 . �• _ � _ N �� 8 ' O Q 2S6.9B �. '�� tA6T � r�s� �r,, .z . � 9 �� .i � o h ' � -� 2 n , � a '¢ ..w � - , � •,...�,,�,� .... �, w�R. � /�� N � M 01 ti � � b � � P 0 o � � � t unroF F�� DATE: TO: FROM: SUBJECT: C011/IMUNITY DEVELOPMENT' DEPART'MENT MEMOR.ANDLIM June 1, 1989 � � • William Burns, City Manager �' Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Special Use Permit, SP �89-06, 1401 Gardena Avenue, Islamic Center The City CounciZ tab2ed action on this item until the Islamic Center could meet with the Foco's reqarding a mutually agreeable screening plan. The two parties met on May 18, 1989 and have spoken to each other on the telephone since that meeting. The Islamic Center has indicated it will construct a six foot wood fence along the east and north lot lines. They will also aqree to plant additional landscaping along the east lot line over the next three planting seasons. Both parties will remove their respective existing fences. The Foco's prefer to have an eight foot fence along the east lot line, especially where the loading dock area is located. Apparently, this access is beinq used by the Islamic Center membership durinq special events. The Foco's believe that the eight foot fence will provide more privacy. The zoninq ordinance stipulates a maximum fence height of seven feet. In the front yard, the ordinance stipulates a maximum of four feet. In order to provide a consistent screen, it is recommended that the six foot fence be constructed along the east lot line instead of the varying four foot fence to a six foot fence. The City Council may require construction of an eight foot fence, however, the six foot fence in combination with columnar arborvitae or columnar junipers will form an adequate ecreen. In fact, deciduous trees could also be planted despite the narrow width between the fence and curb. Alonq the north lot line, there is existing veqetation which will provide screeninq in conjunction with the six foot fence. It should also be noted that while an eiqht foot fence can be installed, typical fence heiqhts from lumber yards are cut in six � c^ v :. 4A Islamic Center SUP June l, 1989 Page 2 foot sections. An eight foot fence would require a special order and would be more expensive for the Islamic Center to construct immediately. The Islamic Center has also proposed an alternate parking plan (see attached). The proposed parking plan expands the parking area 65 feet to the north in order to provide a driveway aisle that is not directly adjacent to the north lot line. The Islamic Center prefers this option over staff's suggested plan because it maintains a parking area along the Foco�s north lot line instead of driving activity. Further, it does not necessitate the removal of the sidewalk along the west side of the school building. Finally, the Islamic Center felt that the staff proposal would create traffic conflicts between the parkinq activity and a drop- off/pick-up area in front of the door on the west side of the building. The proposed expansion can be accommodated within the area between the existing wooded ravine and the existinq parking lot. As is typically required, the entire perimeter of the parking area must be lined with concrete curb. It should also be noted that if the parkinq area were to be constructed as new construction, the R-1 district requirements for churches and other similar special uses in the R-1 district would follow the CR-1, Office District, parkinq setbacks. These setbacks require a five foot setback between a parking area and a side or rear yard lot line. The CR-1 district requirements would also mandate a screen between the parking area and adjacent single family areas. The existing setback between the parking area and the lot line is less than five feet, however, the construction of the fence and the existing vegetation satisfies the screening requirement. RECONII�IENDATION The Islamic Center parking proposal expands the parkinq area more than originally anticipated. The advantages to the plan are that it removes the driving activity away from the rear lot line and adds eight additional parking spaces on-site to accommodate the building's activities. It also confines the parking area away from the play area for the daycare center. Staff recommends that this proposal be constructed. The neighborhood residents perceived staff's proposal as an in,tensification of the parking area. They will probably have the same interpretation of the new proposal. An alternative proposal would be to eliminate a row of parking stalls on either the north or south side of the parking area. This would reduce the activity -on-site, but would reduce the amount of available parking by 9 to 11 spaces. If removed on the south side of the parking area, it would require additional costs for the Islamic Center to remove the Zslamic Center SUP June 1, 1989 Page 3 existing pavement. 1 �/ Staff recommends that the City Council approve the special use permit, SP �89-06, for a daycare for no more than 35 children, Monday through Friday, 7:00 a.m. to 6:00 p.m., subject to the Planning Commission's recommendation, but with the following modifications to the stipulations: 1. All drop-off and pick-up of children shall occur on the premises. 2. The daycare hours of operation shall be Monday through Friday, 7:00 a.m. to 6:00 p.m. 3. The building shall meet the requirements of the State Daycare Regulations, the Uniform Building Code and the Uniform Fire Code, including the following: a. an enclosed outdoor play area adjacent to the facility� �ut located at the rear of the buildina. b. outside exits from the daycare rooms. c. fire alarms in each daycare room in the hallway outside the daycare rooms. 4. The Islamic Center shall modify the parking lot as illustrated on the modified site plan to expand the parking area 65 feet north as pronosed by the Zslamic Center �rior to beainnina oneration of the da,ycare center. 5. The petitioners shall complete stipulations #1, �2, �5 and #7 from SP #88-17_ a. A masonry dumpster enclosure with wooden aates shall be � The pro,perty owner shall combine individual lots into one tax oarcel as reci,uested by the City Assessor (buildable lots abuttin,g Hillcrest Drive and Oakwood Manor shall be c. 989. d. �he �roperty owner shall take care of the weed �roblem �v August 1, 1989. � �he dumpster and enclosure shall be located at the northwest . corner of the building. � The qrass between the existinq driveway and the fence shall be maintained in a neat appearance. Islamic Center SUP June 1, 1989 Page 4 �� ardinance. � A qrading and drainage plan shall be submitted and anproved �y the Public Works Devartment prior to construction of the parkinq lot. 0. The oropertv owner shall install a six foot fence alona the 4C SP #89-06 Islamic Center lV �/2 SEC. 24, T. 30, R 24 c:/TY OF FR/ULEY � % _' _ ---� V I "'✓ _ e'� + �`�� ` /'�! 1i ' � �, ; 15 : . �_��*� ;:; I �.°�' � �'' . MfN R _ _,/ I. _. I .. �2 . . q srl► �i iir' : • t. �� _ � �. • J ' 4 I r I � .� � � �. � � � �� - '�� • ' ��.--�— ' ' �.a" N' =L � 1� . � , � ; r..� � � ��♦ � ;.��.��,Y ; u�Er 2a :25� i3 ' ,� _ LOCATION MAP 4D � SP 4189-06 _—_ISlamir Contnr • � . � ' _ .. R • ,r MA h� : � . h� � R "'' � � T ORIV ' + • S / i , � j , i a � s t.. . .s . � � • ' �, X � , p •• �•� .. : �- . • • � � P ,, �t '� `� ` v E `- �. pR1 ,p • . c .� � p HILIC ST t, ar -1 u f 'T'� V�1� jp ti� �pp FM�SORE. �• •"�� .•. ° ,� — � ;� .L.AK E �� i �i s. r n ,o � �EAC ��,'�' r;�' � -J �• �`�t1� . x �»� r� ' ��' sf EL L A D � `°a' ' =`� '`"� • i R-1 ,, p . �� `"' v r.��' i !3 p' fd/ N/r'4 D MY �� °� tr �` �' . � Q � � O � �i ~+ � � �! ` � p �1. s . � � , � ��1�'� ;, , ~ GA N � � �' 1/ �:: i 4I) N� , � :f� � 1l � r Q t � �. ✓. , . _ t � � �S � ' � • ` " i • , ' � � •', ,, �yt �' , . ! G�ACE H/GH ,;; �• .��t t�,, > > " s '..� � �:. � K . ` �� ' � 1 = : ,2 / r ., � .�"j � . 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' . . - .. - r • . ;n • .. � ' r. . • ' a � � ' ,� . . + . a . � ',. a � � _� � � � � 1 f 1 »1 s � i 5� s�� ? 4H �' �� 1 �� M � � � � V~- Z � 1 Z� o� � v� a�J� � � , i�� a� � � � � � •. . .. ., .., , .. � , . •_ :. . . . . . � . .. . . . , . . . . . _ , � c � � �. � : : . . .. � -p � . 1 � -- - , � - - - - --- � D : .- �e . °' � � . d Z . � � _ � W _ , �� . . -.- - � �- �s �.. -- _ _ ,�- � � � � � � . � � � . �� Modified Site Pian d � � � v� 0 � � J � � � � Proposed Site Pian � Scale: 1 •=20' 41 � ,� � � V i: � ' [ � S � ) ,. � '� ! � •. a . .f �_ • �. < � '• • -L ♦ ...i�%�f�• .' • �C�. ��' " , _ . � e � ci�roF fRlDLEY DATE: TO: FROM: SUBJECT: C�l1IIMUNITY DEVELOPMENT` DEPARTMENT MEMORANDLIM May 25, 1989 William Burns, City �.� Manager�' Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Second and Final Reading of a Rezoning Ordinance, 250 Osborne Road N.E., Jerome Farrell The City Council approved first reading of the ordinance rezoning the property located at 250 Osborne Road N.E., at the May 15, 1989 meeting subject to several stipulations. Several of the stipulations were dependent on submitting information in conjunction with the buildinq permit. The cross parking easements have not yet been submitted, but a building permit would not be issued until the easements have been submitted. Also, the developer is to file a plat application by July 1, 1989. Staff recommends the City Council approve second and final readinq of the attached ordinance as presented. BD/dn M-89-266 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 1, 2, 28 and 29, Block 2, Commerce Park. Is hereby designated to be in the Zoned District C- 2, General Business. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-1 (Local Business) to C-2 (General Business). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: May 15, 1989 First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR 5A � � C�li� FRIDLEY DATE: TO: FROM: SUBJECT: COl1/1MUNITY DEVELOPMENT DEPARTMENT MEMORANDUM May 26, 1989 `�'� � �' William Burns, City Manager �• Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator First Reading of an Ordinance Approving Vacation of 30 Foot Drainage and Utility Easement Attached�is the ordinance authorizing vacation of the 30 foot drainage and utility easement on the property located at 250 Osborne Road N.E. Staff recommends the City Council approve the ordinance for first reading. JR/BD:ls M-89-274 u 0 .,+ 0 � � .� �: N V 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 drainge and utility easement centered on the concurrent lot line of Lots 28, 29, 1 and 2, Block 2, Commerce Park. Al1 lying in the South Half of Section 11, 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. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: June 5, 1989 First Reading: June 5, 1989 Second Reading: Publication: . ' 7 e � cinroF F� �� C411/IMI,iNITY DEVELOPMENT DEPARTMENT MEMOR.ANDUM DATE: May 30, 1989 � TO: William Burns Cit Mana er � , Y g �. FROM: BIIBJECT: Background Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Request for Two Year Extension for Special Use Penait to Permit a Rock Crushing Operation at 7900 Beech Street N.E. On December 20, 1982, the City Council approved a special use permit to allow a rock crushing operation at 7900 Beech Street N.E. subject to annual review by the City Council. The Council approval was also subject to five other stipulations. On March 12, 1984, the City Council extended the special use permit for a one year period. On May 20, 1985, the City Council extended approval for two years. On June 1, 1987, the City Council approved the extension of the special use permit for two years. Analvsis Park Construction has crushed concrete once every two years since 1985. The last activity occurred in the fall of 1987. Richard Engebretson from Park Construction Company has advised me that one crush is anticipated in the next two year period. Park Construction has a minimal amount of concrete currently stockpiled. Park Construction has also completed the landscaping stipulations required in the 1987 approval. Park Construction has met all other stipulations. The City did not receive any complaints after the 1987 activity. Recommendation The following recommendation includes the original•stipula�ions of the 1982 approval, but deletes the landscaping stipulation. Staff recommends the City Council approve the extension of the Special Use Permit, SP #82-12, to allow a rock crushing operation at 7900 Beech Street N.E. with the following stipulations: Two Year Extensian for SP �82-12 May 30, 1989 Page 2 1. Special Use Permit, SP #82-12, is extended for a period of two years. Re-evaluation of the permit is to be scheduled for the first regular meeting of the City Council in May 1991, providing there has been one crushing operation at that time. 2. The City be allowed to dump their waste concrete material at this site in City trucks at no cost. 3. Park Construction wiZl take the necessary steps to ensure the City and State noise, dust, and environmental limits are not exceeded. 4. The rock crusher generators and stockpiles shall be located as far north and east on the property as possible. 5. The same standards regarding runoff sha�l be applied to this site as applied in the Rice Creek Watershed area. BD:ls M-89-280 [l�7 • 0000 � � CONSTRUCTtON C0. ■COMMERCIAL AND ,�� 6ENEq,�� INDUSTRIAL EXCAVA�Q �� co ■ ROAD BUI LDING V ti �� ■PILE DRIVING � " ■SEWER, WATER � \- w� �+a INSTALLATION .,�f AMER��',. ■ 8 R I DG ES ESTABLISHED ■GOLF COURSES 1916 ■SUB DIVISION AND LAND DEVELOPMENT � EQUIPMENT RENTAL ■ ENGINEERING AND DESIGN 7900 BEECH STREET N.E. ■ MINNEAPOLIS, MINNESOTA 55432 • TELEPHONE 78fr9800 April 19, 1989 City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Attn: John Flora Re: Crushing Permit #28-12 Gentlemen: Per the attached photocopy of your June 15, 1987 letter please extend our current crushing permit from June 1, 1989 to June 1, 1991. If you have any questions please feel free to contact me. Sincerely, P CONSTRUCi' COMPAN� /l / ,'' ' �� - ��- ��hard Engebret n, Di spatci�c� � � se enc]. - AN EQUAL OPPORTUNITY EMPLOYER - , .�� : .. 7C . �r�:l� � ci�nr oF FRl DLEY CITY QOUNCIL � ACTIOh TAKEN NCyT�C.� C1V1C CENTER • 6331 UNIVERSIT' ... E�]mNNESOTA 55432 • PHONE (612) 571-3450 Park Construction 7900 Beech Street N. E. Fridley, M3 55432 J�e 15, 1987 On June 1, 1987 the Fridley City �uncil officia].ly appraved your 'request for extension of a special use permit, SP #82-12, to allaw a rock crushing operation at 7900 Beech Street N.E. with the following stiFulations: 1. Special Use Permit SP �82-12 extended for a period of two yars. Reevaluation of the permit to be s�cheduled for the first rewlar meeting of the Cour�,cil in May 1989 providing there has been one crushing operation at that time. 2. Z`ne City be allowed to ci�np thei r waste concrete material at this site in C.1� tri1C}GS� cit IY� OOSt� v^�?=�a� �•,.-^nra tn h�_-,�•-��A �,•,•,•, ;1 L►�.�,_ Y��3e� *„ t e�i��€e� t�� ame�� ,.� ��+e ��_,a„r,�,�;' ,�� 3. Park Constuction to take the r�eoessary stegs to ensure the City and State noise, dust and erivironmental limits are not exceeded. 4. T2ze rock crusher, genezators and stock piles to be located as far north and east on the property as possible. 5. ZY�e same standards regarding rtai-off be applied to this site, as applied in the Rice Creek h'atershed area. 6. Pravic3e additional lanc�sc,aping by October 1987 on Beech Street and 81st Avenue including: . a. Street trees 50 feet on oenter on Beech Street and west of curb cut on 81st Avenue by Fall of 1987 or Spring of 1988 with staf f sugoestions regarding species. � b. Six inches of woodchip mulch on existing shrubs and proposed trees. �- ProvidA shrubs four feet on venter all along fence on 81st Avenue and l�eech s�.oet. . d. Continue slats in fenuC on '�ls'c i�venue to tlii:xory �aLreet a��u v« jog in fence west of Hickory Street. If you have any questions regarding the above action, please call the Planning Department at 571-3450. _ _---. . ----__ _ ___ _-- -- _. Sinaerely, James L. lmbinson Planning Coordirr3tor JLR/c�n Please review the noted stipulations, sic� the temerit belaw and return one �og� to the City of Fridley Planning Deg3r t J�ne 2 9. ncur wi ian taken � � ci�nr oF F�� COliIiMUNITY DEVELOPMENT DEPART'NtENT MEMOR.ANDUM DATE: May 25, 1989 � ' TO: William Burns, City Manager �•� FROM: SUBJECT: 0 Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Second and Final Reading of Ordinance Approving Street Easement Vacation, WBDH Realty for Northtown Nissan Property The City Council approved first reading of the above referenced ordinance vacating a 30 foot street easement on the Northtown Nissan property on April 3, I989. ApprovaZ was subject to Northtown Nissan submitting a drainage easement and combining two tax parcels. Northtown Nissan has submitted the easement and the application to the Assessor's office for parcel combination. Staff recommends the City Council approve the attached ordinance for second and final reading. BD/dn M-89-265 0 n � 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. The City specifically retains a utility easement over said property. 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. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: March 20, 2989 First Reading: April 3, 1989 Second Reading: Publication: 8A SAV ��89-01 WBDH Realty Co. p v 4 ' i � -- -- . p , . � A .� -- -.�� -�- , . � I i � � i � �� " � � 'd' �''°� . /6" . ♦ , 6 ss) i 714b � �' ; . . � ♦ G�� : � �,�, �.� .. h � � � %) � 3 ;� t : q � ,.✓�s,�...,..! � •� 7qz0 ` C�;� t` 1' �.�, + i C s ..-�w a .. . .. � ' _ �.��' � . .. � � � . � � ,:., o z �:� ' � �� .rnvl # , ,u(�) � � �_� s �+. �;5; ��i ,s � .r.. c;�,� .�ar.�r,..rs 1 � �y fi �c.v�� ' a°-,o� -- µ --i� � � ` � sb<� ��1� � t �" i�� ,n�, � '� ' ,, :�Z}�Q�� , " '- �� f7'il�L,f,RAr +.1 1d��A''a! ` 'ti�>�' __ ° T!� ..... / s __.. � � � ..,. � --.116 ... ' :•_ � "" i �"'� :a i '�� y'n �� , �f� � � b�r � 88� ` �� ' � � � i�� / I � 7a9s 79zo -78sa� sl'� (r) iK> �. / e � �a��3� � ` i <� , . � r,j� � : � , .�.wr.+.f.ir�,wXr„ ; � _ G«.wr � � .�:. � �,� A ;. .r �vw .t/J'nJr�.' Z 7 a3r 3 w � �N. �2z z. % �� .Z �fi g J $ �3) ..... rs _. 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CALL TO ORDER: Chairperson Betzold called the May 17, 1989, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Donald Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Alex Barna, Paul Dahlberg Members Absent: None Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Dan Sullivan, 1161 Regis Lane Pam Hengel, 5932 - 6th Street N.E. Keith Poppenhagen, Keith's Auto Body Mike Thompson, 10501 Fillmore St. N.E. R. W. Parkinson, Phillips 66 L. E. Leiker, Phillips 66 Arlin Allison, Phillips 66 Jim Filippi, North Star Eng. - Phillips 66 (See attached list) APPROVAL OF MAY 3 1989 PLANNING COMMISSION MINUTES: OTION by Mr. Kondrick, seconded by Mr. Saba, to approve the May 3, 1989, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. 1.. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT P S #89-01. SULLIVAN'S OVERLOOK: Being a replat of that part of Lot 8, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying southeasterly of the following described line: Commencing at the Northeast corner of said Lot 8; thence westerly along the North line, 255 feet; � thence southwesterly 62 degrees 14 minutes 40 seconds, � deflecting to the left, to the South line of said Lot 8 and � there terminating. Together with that part of Lot 9, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying northerly of the following described line: Commencing at the Northeast corner of said Lot 9; thence south along the East . . �LANNING CCiMMISBZON 1dEETING. 1dAY 17, 1989 — PAGE 2 line of said Lot 9, a distance of 49.4 feet to the actual point of beginning; thence deflect to the right in a northwesterly direction, along a line to its point of intersection with the North line of said Lot 9, said point being 335.8 feet west of the Northeast corner of said Lot 9 and there terminating, generally located at 1161 Regis Lane N.E. OM TION by Mr. Kondrick, seconded by Mr. Dahlberg, to waive the reading of the public hearing notice and open the public hearing. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRZED IINANIMOOSLY. Ms. McPherson stated the property is zoned R-1, Residential Dwelling District. The petitioner is proposing to plat and split part of Lots 8 and 9 to create two lots. A house and fenced pool exist on Lot 1 of the proposed plat, and his daughter plans to build a house on Lot 2 of the proposed plat. Ms. McPherson stated there is a ravine with mature oak trees in the northeast corner of Lot 2. The neighbor to the northeast is concerned that there be little alteration of that ravine in the construction process, so one of the stipulations for the preliminary plat limits construction to above the 952 foot contour. She stated Regis Lane curves up to the intersection of Regis Drive to the east, so the Engineering staff is recommending the driveway to the new single family home be placed as close to the westerly lot line of Lot 2 as possible to increase the sight distance and improve the sight lines to the Regis Lane/Reqis Drive intersection. Ms. McPherson stated staff is recommending the Planninq Commission recommend approval of P.S. #89-01 with the following stipulations: 1. 2. There shall be no grading below the 952 foot contour on the northeast corner of Lot 2. . The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. Ms. McPherson stated the rear yard setback for the new lot is about 33 feet so that should run pretty close to the 952 foot contour. Mr. Sullivan stated he lives on the front part of the lot. His daughter will be constructing a single family home on the second lot; however, she has no house plans at this time. He stated he has one complaint and that is that Regis Lane is not shown on the City's half section maps. Because of that, he had to pay more money to have his property surveyed. He stated that, after 20 years, it is about time the City put Regis Lane on the map: . � �LANNING COM�IISSION MEETZNa. 1�AY 17. 1989 - PAGE 3 O�I TTON by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYB, CSAIRPERBON BETZOLD DECLPiRED THE PIIBLIC HEARING CLOSED AT 7z45 P.l�I. O�'I TION by Mr. Kondrick, seconded by Ms. Sherek, to recommend to City Council approval of Preliminary Plat, P.S. #89-01, Sullivan's Overlook, being a replat of that part of Lot 8, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying southeasterly of the following described line: Commencing at the Northeast corner of said Lot 8; thence westerly along the North line, 255 feet; thence southwesterly 62 degrees 14 minutes 40 seconds, deflecting to the left, to the South line of said Lot 8 and there terminating. Together with that part of Lot 9, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying northerly of the following described line: Commencing at the Northeast corner of said Lot 9; thence south along the East line of said Lot 9, a distance of 49.4 feet to the actual point of beginning; thence deflect to the right in a northwesterly direction, along a line to its point of intersection with the North line of said Lot 9, said point being 335.8 feet west of the Northeast corner of said Lot 9 and there terminating, genera2ly located at 1161 Regis Lane N.E., with the following two stipulations: 1. There shall be no grading below the 952 foot contour on the northeast corner of Lot 2. 2. The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. IIPON A VOICE VOTE, ALL VOTING liYE, CHAIRPERSON BETZOLD DECLARED TSE MOTION CARRIED DNANIMOUSLY. Ms. Dacy stated at their June 5th meeting, the City Council will probably establish a public hearing date of June 19th for the final plat. 2. �UBLIC HEARING CONSIDERATION OF A SPECIAL USE PERMIT. SP �89-07 BY PAUL J. HENGEL: Per Section 205.07.O1.C(1) of the Fridley City Code to allow a second accessory building on Lot 7, Block 4, Bonny Addition, _� the same being 5932 - 6th Street N.E. o�i TION by Mr. Kondrick, seconded by Mr. Barna, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING ]1YE, CBAIRPERSON BETZOLD DECLARED THE PIIBLIC BEARING OPEN AT 7:46 P.M. PLANNING COMMI88ION MEETING. lLAY 17. 1989 - PAGE 4 Ms. McPherson stated the property is zoned R-1, Residential Dwelling District. Because the petitioner wishes to construct an accessory building over 240 sq. ft., he must request a special use permit. She stated that in addition to the attached single car garage, there is a 10 ft. x 10 ft. or 12 ft. x 12 ft. metal storage building in the rear yard. Ms. McPherson stated construction of the accessory building will include removing three mature trees, one of which is an oak tree. Ms. McPherson stated staff is recommending the driveway be joined to the neighbor's driveway to the south so there is not a 1-2 ft. area in which to try to maintain grass. Ms. McPherson stated staff is recommending the Planning Conunission recommend approval with the following stipulations: l. The access to the accessory building shall be hardsurfaced and shall join the neighbor's driveway to the south. The access shall be hardsurfaced by September 1, 1989. 2. The accessory building shall be architecturally compatible with the existing house. Mr. Barna asked if the neighbor's driveway is at zero lot line. For example, if the neighbor's driveway is 2 ft. from the lot line, then they cannot ask the petitioner to hardsurface 2 ft. of the neighbor's property. Ms. McPherson stated that visually it appeared that the neighbor's driveway is at zero lot line, but it would probably have to be surveyed. Mr. Barna stated he would be more comfortable with saying the driveway should be built to the zero lot line. Mr. Betzold aqreed and stated there might even be some easement problems associated with using a common driveway. Ms. McPherson stated there is a 5 ft. drainage/utility easement which the petitioner is definitely honoring. He has plans to build the garage 6 ft. from the rear line and he does have the 3 ft. side yard setback. Ms. Pam Hengel stated she is representing her son, Paul Hengel. She stated having the driveway hardsurfaced by Sept. 1, 1989, (stipulation �1) will be difficult financially. She stated there are quite a few trees that will have to be removed and that will be costly. The new garage at this time will only be used for the 9C . � �;I,ANNING COMMISSION KEETING, MAY 17. 1989 - PAGE 5 storage of a boat, and they would like to have the hardsurface requirement postponed until next year. The Commissioners had no problem with Ms. Hengel's request and aqreed to extend the hardsurface stipulation from Sept. 1, 1989, to June 1, 1990. Mr. Betzold suggested that if the petitioner does not know where the lot line is in relation to the new driveway that he have the property surveyed. Ms. Dacy stated that because the Code provides that driveways must be located 3 ft. from the lot line, the petitioner must have permission from the adjacent neighbor to put the driveway at zero lot line. OM TION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTIN(3 AYE, CHAIRPERSON SETZOLD DECLARED THE MOTION CARRIED ONANIMOD6LY. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to recommend to City Council approval of Special Use Permit, SP #89-07, by Paul J. Hengel, per Section 205.07.O1.C(1) of the Fridley City Code to allow a second accessory building on Lot 7, Block 4, Bonny Addition, the same being 5932 - 6th Street N.E. , with the following two stipulations: l. The access to the accessory building shall be hardsurfaced and shall be placed at the zero lot line. The access shall be hardsurfaced by June 1, 1990. 2. The accessory building shall be architecturally compatible with the existing house. UPON A VOICE VOTE, AI,L VOTING 11YE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 3. �UBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT SP �89-08, BY KEITH'S AUTO BODY: Per Section 205..17.O1.C.(9) of the Fridley City Code, to allow . a repair garage on that part of the East 46 acres of the West � 1/2 of the Northwest 1/4 of Section 12, T-30, R-24, Anoka . County, Minnesota, described as follows: Commencing at a point on the West line of said East 46 acre tract distant 623.5 feet South of the Northwest corner of said East 46 acre tract; thence South alonq the West line of said East 46 acre tract 161.63 feet; thence East parallel with the North line of said East 46 acre tract 538.98 feet, more or less, to the Westerly right-of-way line of State Highway No. 65; thence 9E PLANNING COI+IIdI88ION MEETING. MAY 17, 1989 - PAGE 6 Northerly alonq said Westerly right-of-way line 161.63 feet, more or less, to the intersection of a line drawn from the point of beginning and parallel with the North line of said East 46 acre tract; thence West parallel with the said North line 538.73 feet, more or less, to the point of beginning, the same being 7570 Highway 65 N.E. OT ON by Ms. Sherek, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING l�YE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated this property is zoned M-1, Light Industrial. To the north and west is M-1 zoning (Lampert Lumber), to the south is R-4 (mobile home park), to the east across Highway 65 is a mixture of C-3, Commercial, and M-1 zoning. Ms. Dacy stated this property has an extensive building permit file. There are a number of code compliance issues that staff has been trying to work on with the property owner. Also, the ownership issue plays a role in this case in that the property has changed ownership on a number of occasions in the last six years. In fact, there have been repair operations in the second building toward the rear of site since 1983, and the file contains correspondence from City staff to property owners at that time to make them apply for a special use permit for a repair garage as required by the M-1 district. Ms. Dacy stated Keith Poppenhagen, the petitioner, of Keith's Auto Body, was unaware of the special use permit application process. Upon coming to the office for a routine visit, staff discussed with him the necessity of having a special use permit. Staff also contacted the owner of the property who is represented at the meetir►g . Ms. Dacy stated the mair► issue with this property is the number of code compliance issues that need to be conducted on the site: 1. There are no paved or hard surface areas between the two buildings on site. 2. There are a number of piles of junk and debris, not � necessarily related to the repair operation. 3. There are setback issues. 4. There is pavement in front of the building all the way up to the lot line on the sides and to the front. ��ANN2NG @AI�M7BS7�N MF.ETTNG _ 1�7►Y 17 , 1989 - PAGE 7 Ms. Dacy stated that also of major concern to the City is that the property is serviced by a septic tank, and the drainfield for that septic tank is located in front of the first buildinq. In 1984, Anoka County determined that the septic system was failing. At that time, the property owner worked with the City to look at connecting the property to City sewer. There are three alternatives to doing that: 1. Sewer exists to the south within the mabile home park; however, these sewer lines are private and permission must be granted by the mobile home park. Further, the proposed length of extension from the mobile home park to the two existinq building may be too long for a simple service connection. A larger line and manholes may be necessary. 2. A connection across the Lampert Lumber property to the north is the second alternative. An eight inch line and manhole is located between Lampert Lumber and the Amoco property. An easement would need to be obtained from Lampert Lumber and their pavement would have to be reconstructed and replaced. 3. The third alternative is to extend the eight inch line from the manhole between Lampert Lumber and the Amoco station to the Highway 65 service road, then south along the service road to the front of the subject property. The estimated cost for this alternative is $27,000. Approximately $10,000 of this work would be to replace the bituminous mat of the service road. Ms. Dacy stated staff has tried to put together a list of stipulations that would bring the property into compliance with the ordinance and to work with the property owners to achieve a timetable for compliance. The current property owner states he is willing to agree to a timetable but wants to prioritize the necessary building improvements before doinq any site improvements. Ms. Dacy stated staff is recommending the Planning Commission recommend approval of SP #89-08 with the following stipulations: 1. Al1 parking areas shall be paved and lined with six inch �� poured concrete curb by August 1, 1990. A five foot setback on the north and south property lines shall also � be created in compliance with the setback requirements. 2. A 20 foot planting island shall be created along the front property line in compliance with the parking setback requirement by August 1, 1990. The island shall be curbed and planted as proposed in the proposed landscape plan included in the packet. 9F t-l��J pLANNING COMMI88ION MEETING. lSAY 17. 1989 - PAGE 8 3. All piles of debris, car parts, pallets and other materials shall be remaved from the south side of buildings and either stored within the building, removed off the site or contained within a six foot opaque fenced area at the southwest corner of the site. All noxious weeds shall be removed and the lawn area maintained in a neat fashion. All semi truck trailers which are inoperable or used for storage shall be removed from the site. This work shall be completed by September l, 1989. 4. The building shall be improved to meet the Uniform Building Code requirements by June l, 1990. 5. The property shall be serviced with sanitary sewer by January 1, 1991. In the interim, the property owner shall remove the septic system and install a holding tank by January 1, 1990. The tank shall be pumped on a regular basis and a copy of the pumping contract shall be submitted to the City. 6. A letter of credit in the amount of the outside site improvements including poured concrete curbinq and landscaping shall be submitted prior to initiation of construction. 7. A letter of credit in the amount of the construction cost for connection to the sanitary sewer shall be submitted prior to construction. 8. The special use permit shall be reviewed by City staff on an annual basis. 9. There shall be no sales of automobiles on the property. Ms. Dacy stated that because they do not know the status of the septic system, staff is proposing a holding tank be installed and pumped on a regular basis so they would not have to be concerned about the effluent coming out of the drainfield. Then, looking at a long term approach, of eventually connecting to the sanitary sewer. i�s. Dacy stated the owner, 7570 Incorporated, is at the meeting to explain the complications with the fee ownership because that has an impact on when they can achieve the site improvements. Mr. Popperihagen stated his business has been in this building since November. When he was in the process of buying the site, he called the City to see if he needed a permit, and he was told he did not. It was not until he came into the City offices that he found out he did need a special use permit. � gLANNING COI�4II88ION 1�t8ETING. 1SAY 17. 1989 - PAa$ 9 Mr. Mike Thompson, 7570 Incorporated, stated the person who leased the building before Mr. Poppenhagen applied for a permit but did not follow through. There are vehicles outside the building from the previous tenant that Mr. Poppenhagen is trying to get rid of. There are no certificates of ownership on these vehicles so it has been difficult. Mr. Thompson stated the whole building is a mess, and it is going to take a year to get everything straightened out. He stated he is one of the owners, but there are some real problems on who really owns the building. He stated they bought the buildinq from a company that went defunct. The company that had the building has a C.D. on it. The first mortgage is handZed by Midwest Federal, and the C.D. is owned by a company that went bankrupt. Since Midwest Federal has the first mortgage on the property, it is being handled by United Mortgage; F.D.I.C. is handling the first mortqage, and anyone who wants to buy the building has to go through F.D.I.C. to say they own it. That is what they are up against now. He stated that at this point they do not know who owns the building, and after being told what needs to be done to the building, he is not sure they want the property with all these stipulations. Mr. Betzold asked Mr. Thompson if there were some stipulations he did not agree with. Mr. Thompson stated the first thing they would like to do is make the offices and warehouse space livable--putting on a new roof, new garage doors, painting the building. The new sewer is absolutely mandatory, and new electrical service into the front building. So, they are looking at $100,000-130,000 for just the building improvements. Mr. Thompson stated he was at the meeting with Mr. Poppenhagen to get the special use permit, and they will have to let the courts decide who owns the building. Mr. Betzold stated if 7570 Incorporated did get clear title to the building, are there any stipulations that are problems? Mr. Thompson stated before he can look at any of the stipulations, tYiey need to know who owns the building. If the building comes back to them, then they are going to do the improvements to the buildir►g he mentioned earlier. As far as the debris, Mr. Poppenhagen will help take care of some of that. Mr. Barna asked Mr. Poppenhagen if he was willing to clean up the area around the building and put up a new fence. PLANNZNG CO1rIIriISBION MEETING. 1rIAY 17. 1989 - PAGE 10 Mr. Poppenhagen stated he would qet that corner cleaned up, although the fence might be a little more of a problem. Ms. Dacy stated staff is recommending until September 1, 1989, to have the area cleaned up of debris, inoperable car parts, pallets, semi-truck trailers removed, and a six foot fence installed (stipulation #3). So, the petitioner has almost the entire summer to get it done. OTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING 71YB, CBAIRPERSON BETZOLD DECLARED THE PDBLIC HEARING CLOBED AT 8:22 P.M. Ms. Sherek stated she thought there were two different issues here. This whole area is a disaster, and Keith's Auto Body has little control over the whole building. She thought all the stipulations should be struck except stipulation #3. The rest of the code enforcement issues should be pursued with whoever the owners are. Mr. Saba stated he thought the stipulations should all be there, but that the timetable be pushed out farther than August 1, 1990, so it gives some time to get the ownership issue settled. Ms. Dacy stated she understood what Ms. Sherek is saying that Keith's Auto Body by itself is not causing the code compliance issues, but the necessary parking and landscaping improvements are all typical requirements for the operation of any establishment for any special use permit. Keeping the stipulations with the special use permit will help the City keep track of the code compliance issues. One year from now if the property owners cannot make the deadlines, they can always request an extension from the City Council. Staff is strongly recommending the nine stipulations remain with the special use permit request. Ms. Sherek stated the only stipulation of immediate concern is the septic tank issue and the timetable of January 1, 1990, for the installation of a holding tank. It might not be a big issue if this is another dry year, but it could be a big issue if they have a wet year. Mr. Thompson stated they have been pumping the septic tank on a regular basis, and it seems to have cured the immediate problem. He agreed that last year was an exceptionally dry year; and if this is a wet year, they will have to pump it weekly. If the City wants the septic system removed and a holding tank installed, that is a lot of capital. Mr. Saba stated he did not want any stipulations removed, but maybe they shoul.d put some priorities on the stipulations. He saw 91 �LANNING COI+IIrII88ION KBETING. MAY 17. 1989 - PAGE 11 9J stipulations #3 and #5 as high priorities. He sympathized with Mr. Thompson's situation, and he did not think they should force all these improvements by the dates set forth by the stipulations. Mr. Thompson stated he wants Mr. Poppenhagen to get his special use permit. He wants the building occupied, and he wants the ownership issue settled. The roof repair has to be done right away, because they are losing a tenant because of the leaking roof. He cannot see putting $50,000-60,000 into site improvements and letting the building go empty. Mr. Dahlberg stated that in order to allow Mr. Poppenhagen to operate his repair business and to allow Mr. Thompson time to attempt to find out who does own the building and resolve the issue, it might be prudent for the Planning Commission to recommend approval of the special use permit. He did not think they should eliminate any of the stipulations, but they should establish some dates that can be responded to once something has been resolved with the ownership of the building. However, some monies will need to be expended before the ownership situation is settled. He thaught the septic system should be dealt with prior to 1991 in some manner, either by pumping the tank on a regular basis or the removal of the old tank and installation of a new tank that will be pumped on a regular basis. Or, the septic system should be investigated to see if there is a potential health hazard. He would like to see the date for stipulation �3 sooner than September l, 1989. Mr. Saba stated he agreed with Mr. Dahlberg. following timetable for the stipulations: Stipulation #1: Stipulation #2= Stipulation #3: Stipulation #4: Stipulation #5: August 1, 1991 August 1, 1991 As soon as possible January 1, 1991 Same as recommended He recommended the or August 1, 1991 by staff Mr. Saba stated he aqreed stipulation #5 with the sanitary has high priority. Ms. Sherek stated she thought an evaluation of the present septic tank system should be done right away. Ms. Sherek stated regarding stipulation �8, she would recommend the special use permit be reviewed by City staff on Oct. 1, 1989, and thereafter on an annual basis. Mr. Betzold stated he had some real misqivings about this special use permit request, even though he is sure Mr. Poppenhagen and Mr. Thompson are doing the best they can to make a bad situation work. He stated he did not think the owner situation is qoing to be PLANNING COMMI88ION MEETING, I�IAY 17, 1989 - PAGE 12 9K cleared up quickly, and the potential owners such as Mr. Thompson are not going to want to pour money down a hole in the interim. He stated he is prepared to vote against the special use permit, because he believes that in this case the City's best interest might be served by trying to force the issue--shuttinq the building down and, if needed, condemning the property. He did not feel any optimism at this time of qetting any of these code violations cleaned up. Ms. Sherek asked if the City Building Inspector had inspected the site, particularly for things like the leaking roof, the substandard wiring, bad furnace, to the point where the building might have to be tagged with an eye towards condemnation. She thought that should be done right away, and this special use permit request tabled until such an inspection is done. Mr. Barna agreed. He stated he is very uncomfortable with this substandard property. It could easily be a health hazard and a fire hazard, and it is located very close to the mobile home park. He is uncomfortable with any businesses being in the building without knowing the condition of the building. He stated the ownership is unknown, and no one is going to put money into improvements at this point. A possible condemnation action might straighten the mess out. OM TION by Mr. Barna, seconded by Ms. Sherek, to table Special Use Permit, SP #89-08, by Keith's Auto Body, and to direct staff to complete an on-site inspection of the property at 7570 Highway 65 N.E. for a full determination of the code violations and safety hazards on the property. �PON A VOICE VOTE, BETZOLD, BHERER, BARNA, BABA, DAHLBERG oOTING AYE, RONDRICR VOTING NAY� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED BY A VOTE OF 5-1. Ms. Dacy stated this item will probably be back before the Planning Commission in one month. New notices will be mailed to the neighborhood. 4. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP #89-09, BY PHILLIPS 66 COMPANY: Per Section 205.18.O1.C.(3) of the Fridley City Code to allow _� commercial retail, with a motor fuel station/car wash, on Tract A, Registered Land Survey No. 78, the same being 7295 • University Avenue N.E. �OTION by Ms. Sherek, seconded by Mr. Rondrick, to waive the reading of the public hearing notice and open the public hearing. IIPON A oOICE VOTE, ALL VOTING PiYE, CHAIRPERBON BETZOLD DECLARED THE MOTION C1�iRRIED IINANIMOOSLY AND THE PIIBLIC SEARING OPEN 7�1T 8:50 P.M. �LANNINQ COI+II�ISSION KEETINa. MAY 17. 1989 - PAGE 13 Ms. Dacy stated this property is located on the southeast corner cf University Avenue and 73rd Avenue and consists of 2.3 acres. The property and the property now known as the Northco Business Park has been zoned M-2, Heavy Industrial, since 1958. The M-2 district permits an automotive service station as a permitted use; however, this special use peranit is to put retail sales in an M-2 District. In this case, the automotive use is a permitted use and the special use permit is needed for the retail sales of grocery items within the building. Ms. Dacy stated the petitioner submitted a site plan which shows the gas pumps, the building where the cashier and grocery store are located, as well as a free-standing car wash to the south of the proposed structure. To evaluate the creation of commercial uses in an Industrial district, the Code has set up some standards by which to evaluate them: 1. exceeding 5,000 square feet. The total area of the gas pump island and service building is approximately 5,940 square feet. The proposed retail area at 400 square feet is 14� of the total square footage. 2. The parkirLq suPolv shall be in compliance with the re,guirements of the City Code and shall be sufficient to su,pport full occupancy of the building. The traffic generated by the gas pumps is accommodated by the parking surface around the gas pumps. The total square footage of the building along is approximately 750 square feet. Five parking spaces are required and the site plan indicates six parking spaces. 3. Only wall mounted si�qns subject to limitations of the Citv Cade, shall be permitted. The petitioner does not propose any wall signage for the convenience retail use. Signage is . proposed on the canopy and a free standing pylon sign is proposed for the automotive use. It should be noted that the ordinance requires a maximum height of 25 feet. The plan indicates 30 feet. The proposed sign area is 91 square feet. The ordinance permits a maximwn of 80 square feet. 4. The �rovosed use shall only be permitted where it can be �v the Institute of Traffic Envineers on streets and at �ntersections. The traffic attributable to the convenience retail is smaller than the traffic that will be qenerated by the permitted use of the automotive service station. Entrances are proposed onto 73rd Avenue and on the 9L ��1 pI,ANNING COIrIIdIBSION l�E$TZNG. lSAY 17. 1989 - PAGE 15 6. sides of the proposed hardsurface area. A 2 to 3 foot berm combined with the proposed planting strips would also be appropriate and may be more effective to screen the traffic activity on the site. industrial use. This standard is applicable to a multi-tenant building situation and is not applicable to this case. Ms. Dacy stated Phillips 66 wants a car wash included in the development. She stated that in the agenda is a memo from the City Attorney, Virgil Herrick, dated May 3, 1989. Mr. Herrick proposes that, based on staff's interpretation of the Code, a car wash is not a permitted use nor a special use permit within an M-2 district; therefore a car wash cannot be constructed. Ms. Dacy stated two items came up after the writing of the staff report: 1. There was the question as to whether or not the area on site does contain a protected wetland. The site has accepted runoff from adjacent properties for a number of years, and there is a portion of the site that is listed on the National Wetland Inventory Map; however, it is staff's understanding that the size is below one acre. If it is be2ow one acre, then the Army Corps of Engineers reviews the plan; however, any filling of the property is covered under the nationwide permit. If the filling of the wetland is over one acre, then an Army Corps permit would be required. Staff has added a stipulation that, if necessary, the Army Corps of Engineers be obtained prior to construction. 2. In regard to the proposed bikeway/walkway along the south side of 73rd Avenue, the City is requesting an easement along the south property line. Ms. Dacy stated staff is recommending the Planning Commission recommend approval of the special use permit subject to eight stipulations: . 1. The site plan shall be revised such that the canopy and - building meet the 100 foot setback. 2. The landscape plan shall be revised as follows: a. Locust species should not be used. b. The 12 inch Ash and 12 inch Boxelder on the north boulevard will have to be removed. . � PLANNZNG COlrII+II88ION 1dEETING. MAY 17. 1989 — PAGE 16 c. Gro-low Fragrant Sumac shall be used fnstead of the Spirea in front of the car wash area. d. Southerland Juniper should be used instead of the proposed Colorado Blue Spruce. e. Bur Oak should be used as boulevard tree instead of the Sumit Ash. Eight Bur Oaks should be planted along 73rd Avenue and the University Avenue service road, planted 60 feet on center, instead of the proposed Locust trees. f. Clusters of Quaking Aspen should be used on the south side of the parking area toward the existing vegetation stand. The Gro-low Fragrant Sumac should be mixed with the proposed Juniper plantings. g. Six inch shredded bark mulch should be used for ground cover area. h. Multi-colored stones should not be used. i. A continuous 36 inch planting strip must be provided between the parking area abutting streets. A combination of berming and planting is also acceptable. 3. A car wash is not permitted. 4. There shall not be outdoor operation of lubrication equipment, hydraulic lifts, or service pits or the outdoor display of inerchandise. The display of petroleum products between pumps or the temporary display of merchandise within four feet of the station building is permitted. 5. The property shall not be used as a place of storage or depository of wrecked, abandoned, or junk motor vehicles, or the sale or display of used motor vehicles. 6. The site plan shall be revised to comply with the standards of the sign ordinance. 7. The petitioner shall convey a 15 foot bikeway/walkway easement along 73rd Avenue N.E. 8. Petitioner shall obtain Army Corps of Engineer permit prior to issuance of building permit. Mr. Betzold stated the Commissioners had received a copy of a memo from the City Manager regarding a proposal from Council Member Billings which could result in the closing of the University Avenue service road on the west side of University. How might this impact this proposed development? Ms. Dacy stated that at this point it is just an item that staff has been asked to look at. This is only an information item. . ., �LANNING COMMI88ION KEETING. lIAY 17, 1989 - PAGE 17 Mr. Arlin Allison stated he is with Phillips 66 out of Chesterfield, Missouri. He stated they are proposinq to construct an automobile service station at the southeast corner of 73rd and University. The site is 2.39 acres with approximately 560 ft. of frontage on University Avenue and 284 feet of depth on 73rd Avenue. He stated they have prepared a video which shows the site and similar service stations in other locations. Mr. Allison handed out a brochure entitled, NFirst Impressions", which is utilized by Phillips 66 for their independent marketers. The brochure shows a representation of the type of construction and configuration that is proposed for this particular location. Mr. Allison stated he would first like to address the car wash is�ue. He stated the Zoning Code, as written, is a flexible document not unlike the U.S. Constitution where interpretation is added to the document to give it an equitable and fair means of guidance to the City in its development and for projects presented by developers. The Zoning Code cannot possibly list every possible use pattern under every classification. The staff report in reference to the car wash has followed the memo from the City Attorney stating that the words "car wash" are not listed under the M-2 zoning classification. He agreed with Mr. Herrick that those words are not listed, but the Code gives several instances of guidance that will allow the flexibility of this document to allow the construction of this car wash either as a penaitted use, an accessory use, or following the provisions for the special use. Mr. Allison stated in reference to their position in maintaining that the car wash is allowed by right, they are going back to the definition of automobile service stations which is a place for fuel and other essential services related to the operation of motor vehicles or retail directly to the public. The term "essential" basically meaning something necessary, fundamental, or basic. They maintain that a basic service for the operation of a vehicle is the cleaning of the vehicle and taking care of the condition of the vehicle. Mr. Allison stated that going back to the development of the car wash in a service station, historically, one of the bays was utilized as a car wash area and cars were manually washed. That evolved into having the one of the bays dedicated to having an automated car wash where customers would drive into the stall, the car wash machine would operate, the customer would back out, and go on their way. That was modified further by the removal of the back wall of the bay allowing the customer to drive into the car wash bay, get the car washed, and drive through. The modern day service station, as constructed by a majority of the major� oil companies--Shell Oil, Texaco, Phillips 66, Amoco, Mobile--have car washes in conjunction with their service stations where the size • ! pLANNING COl+II�IBBION KEETING. 2�IAY 17. 1989 - PAGE 18 of the property allows it. In Fridley, they are mainly seeing convenience stores as opposed to service stations such as the SuperAmerica and Jet Mart convenience stores. He stated other cities have started to define their definition of service stations. One jurisdiction in the City of Tulsa, Oklahoma, has ruled that a single bay roll-over car wash, when associated with the eale of gasoline, is an accessory use and has granted it by right. Mr. Allison stated that under the definition of a service station use, Section 205.18.O1.A.(1), a principal use is that which is deemed not to be "dangerous or otherwise detrimental to persons residing or working in the vicinity and will not impair the use or value of any property but not including any uses excluded hereinafter". The definition of "service use" is the cleaning, washing, adjusting, repairing, rebuilding, overhauling, or finishing of manufactured products. The M-2 classification specifically allows, as a permitted use, repair shops, heavy duty repair shops, body shops which, in their activity, will clean vehicles prior to repair. Under this Code, they would have the right to have a car wash for that type of operation. He is maintaining, therefore, that the M-2 classification would allow a car wash. Phillips 66 maintains a single bay roll-over car wash is a principal use under the definitions of "automobile service station" and a permitted use and would request the Planning Commission give a favorable ruling as by right. In the alternative to it being by right as a permitted use, they believe it is an accessory use basically, under the definition of "service use" for the servicing of a manufactured product. The definition of "accessory use" is a subordinate use which is located on the same lot as the principle building or use and is necessary or incidental to the conduct of the principle building or use, "incidental" being a minor or secondary activity, but usually associated. Mr. Allison stated Phillips 66 maintains that the principal use of their facility is for the sale of gasoline products, and that is evidenced by their advertising. No one will see Phillips Petroleum Company advertising their car wash, other than by having a sign underneath the pricing sign saying the car wash is free with a gasoline fill-up. Mr. Allison stated the definition of a car wash establishment is also important to take into consideration. The facilities he has noticed in Fridley that fall under that definition are the car wash operation on the northwest corner of University Avenue and 73rd Avenue and Riverside Car Wash at East River Road and Mississippi where the principal use is the retail sales of car wash as a service, with associated qasoline sales at both locations. Mr. Allison stated another indicating factor that their principal use is for the retail sale of gasoline is that on a 2.3 acre tract, if the principal use was to be a car wash, it would be improbable . . p��wrvn_ nnwTQaTnv V44TTV� Y'v 77 _ lOA9 - PAGE 19 i�iL\V VV`ii'iiVViV�� a'�YYiia ' that they would dedicate a 25 ft. x 48 ft. buildinq as the principal use and also make it secondary access to this point. Traditionally, car wash establishments take up the full lot. Therefore, they are maintaining in the alternative, if the Planninq Commission does not rule that they have the car wash by right under the definition of "automobile service stations", that they are allowed an accessory use under the terms of the Code. Mr. Allison stated, finally, dealing with the special use permit, Section 205.05.04.A listed the purpose of a special use permit is to provide the City with a reasonable degree of discretion in determining the suitability of certain desiqnated uses upon the general welfare, public health and safety. The special use provision listed in M-2 under which they fall ur►der is under Section 205.18.O1.C.3 which states that commercial/retail service users, Class II restaurants within office and/or industrial buildings, including those with the drive-through components (their car wash is a drive-through component), banks, cleaners, photo shops, fast food restaurants, and similar uses (the only connection between any of these items being the drive-through component and the retail aspect) shall be considered a special use permit on an individual basis. In reference to what is specifically excluded under the M-2 designation under Section 205.18.02.H, it states that all uses are excluded unless a special use permit is obtained. When reading that in conjunction with Section 205.18.02.A which basically states that all uses unless specifically listed are excluded, therefore, the City is not allowing uses that are in other designated categories, it becomes clear that the intent of the Code is to allow the flexibility for the Planning Commission and City Council to rule on this on an individual basis based on the impact on the general welfare and public health and safety. Staff listed performance standards which Phillips 66 staff has gone over in reference to the inside sales, and, basically, Phillips 66 has met these standards: l. exceedincx 5.000 sa. ft. Mr. Allison stated that in this situation, the structure utilized for the car wash is 1,155 sq. ft. and going in conjunction with the determination of the qross floor square footage, not taking into reference the canopy area which is approximately 5,900 sq. ft., it comes out as a 19� ratio.. 2. �upport full occu�aancy of the buildina. Mr. Allison stated the site plan indicates six desiqnated parking spaces as well as the ability to park alonq the side of the store 9S pL,.NNING COZ�II+IIS8ION 1dEETING, MAY 17 , 1989 — PAGE 20 or beside the service station on either end, also at the pump islands, and it allows adequate stacking space for vehicles waiting to go through the car wash. 3. 9nly wall mounted siQns subject to limitations of the Citv Code, shall be �ermitted. Mr. Allison stated that, as far as wall mounted signs, the only thing envisioned is the words "car wash" and conceivably a �'Phillips" ID shield on the structure. 4. �y the Institute of Traffic Engineers on streets ana aL intersections. Mr. Allison stated that, basically, the customers coming into the service station and utilizing the pump islands will then be going back through the car wash. He estimated approximately 85-90� of the vehicles coming through will be coming and going through the car wash as opposed to people coming directly for car wash use. Therefore, the level of traffic service is not impacted by the incidental or accessory use. 5. located. Mr. Allison stated the property is to the east of the Northco property which will be developed, basically, as a wholesale/ industrial office type business park. The property to the north is the single family and duplex residential area. The property on the northwest corner of University/73rd Avenue is the car wash establishment with associated gasoline sales, and there is an office building on the southwest corner of University/73rd Avenue. The use proposed by Phillips 66 is similar to the Amoco Station on Osborne/University in which a car wash is associated with the sale of gasoline and is located directly across from a residential area. In reference to the compatibility with this location in conjunction with other locations, the proximity of the car wash establishment at the northwest corner of University/73rd Avenue to the duplex across University Avenue is approximately 385 ft. Under the Phillips 66 proposal, the proximity of their car wash to the residential structure across the street is 138 ft. He is trying to show the Planning Commission that this type of use in conjunction with other residential areas has, on other cases, even a closer proximity to the residential area; therefore, the impact and the compatibility of location is evidenced. :l� PLANNING COMMIBSION l�i$ETING, I+IAY 17. 1989 - PAGE 21 Mr. Allison stated that regarding the landscapinq, they will take into consideration the recommendations made by the City on landscaping. Mr. Allison stated that in reference to the setback issue, under Section 205.18.03.D. (1) , a front yard depth of not less than 35 feet is required for all permitted buildings and uses, except there is another provision dealinq when any other industrial district is adjacent to or joins any other district, permitted buildings and uses shall not be closer to the street right-of-way abutting a residential district than 100 ft. In this situation, City staff has interpreted this to mean that the south right-of-way line of 73rd Avenue is where the 100 ft. line would come from. Phillips 66 maintains that the south property line does not abut residential; it abuts a heavy industrial district. The only right- of-way that abuts a residential district is the north right-of-way line of the University Avenue service road, because everything in between that is Public Facilities Zoning. They maintain they are in compliance with the setback requirements. Ms. Dacy stated it is her understanding that in the heavy industrial district and in the light industrial district, the 100 ft. setback is also to create more of a campus approach. In this area they have Target and the new Northco Business Center. Historically, it is her understanding these buildings across from residential were set back from the road right-of-way 100 ft. so there would be more of an open air, campus-type approach. Mr. Allison stated the City is applying a stricter standard on these type of buildings than the lesser intensive use necessarily of a service station. They put the service station as a permitted use, and then applied the industrial standards. That is why he is saying there is room for interpretation of the Code. Mr. Allison stated in reference to the inside sales, he would like to draw a distinction between the Phillips operation and what a SuperAmerica or Jet Mart operation in reference to the issue of what is indicated to be a retail space. Saying 400 ft. for actual retail area is slightly exaggerated when they look at what is included in the standards SuperAmerica or Jet Mart store in terms of retail space. M=. Betzold asked what would happen if the City Council concurs with the opinion of the City Attorney and says Mno" to the car wash. Mr. Allison stated if they thought they did not have the ability to go in under the M-2 zoning, they would probably come back with a rezoning to C-3 zoning. , �-1'. �i�NNING CO1+II�SI88ION MEETING. MAY 17, 1989 - PAGE 22 Mr. Jim Filippi, North Star Engineering Consultants, stated there is a 15 ft. bikeway/walkway easement on the north side of this property that was given to the City in 1980 and is already recorded as one of the documents. Mr. Saba asked about the hours of operation. Mr. Allison stated they are proposing a 24 hour operation which includes the car wash. Mr. Dahlberg asked if Mr. Allison had discussed either with City staff or the City Attorney prior to their reports the interpretation of all the items he has outlined to the Commission. Mr. Allison stated that when they began the project, in a discussion with staff, there was an indication they would be able to apply for building permits and start right away. After further review of the plans and further discussion with staff, it evolved that the staf f was going to recommend that a special use permit was needed for the car wash as well as the retail sales. Ms. Dacy stated when Mr. Filippi came into the office, she informed him that the automotive station was a permitted use, but there was some question of the retail sales and it would require a special use permit. She was not aware of the car wash issue until later in the process. Once she was aware cf the car wash, she consulted with the City Attorney, and he wrote the memo the Commission members had received. Mr. Betzold stated the Commissioners had received a copy of a letter addressed to Barbara Dacy dated May 16, 1989, from Bruce Carlson of the �Northco Corporation. In the letter, Mr. Carlson stated that Northco is opposed to the development of the Phillips 66 station. They feel another service station is a negative and adds nothing to the community that is not already present in abundance. They would prefer this corner to be built into office, a bank, a medical center, or professional or community-related use. They are also concerned about the wetland area and what might happen to the smaller portion of the property left over after the service station is developed. 0 ON by Mr. Kondrick, seconded by Mr. Barna, to receive into the record the letter dated May 16, 1989, from Mr. Bruce Carlson of Northco Corporation. IIPC1N A VOIC$ VOTE, l�LL VOTING AYE, CHAIRPER60N BETZOLD DECLl�RED THE MOTION CARRISD IINANIMOIIBLY. Mr. Allison stated they are below the requirements for securing permits for the wetland area. He would like to address the issue of what could be deemed as excess property. He stated they have ��AIJNING COlYIIdIBSION MEETING. MAY 17 , 1989 — PAGE 23 no plans for the development of this property, other than for a Phillips 66 service station, and they are not tryinq to market the property. Ms. Kay Harrison stated she represents the owner of the property, Soo Line Railroad. She stated they marketed the property for about 1/2 years seeking an activity of the kind of prospects Mr. Carlson of Northco had mentioned in his letter. A medical use seemed to be feasible. She stated they approached physicians in the area and Unity Hospital. They also has a proposal by a bank to develop the site into a two-story facility. In going through the process, they discovered there were soil problems on the site, substantial enough to deter some of the uses and make it economically unfeasible for a lot of the uses. Other unsolicited calls of interest were from smaller users who wanted to divide the site into two parcels. When Phillips 66 approached them, the economic feasibility seemed to be there for them. Ms . Harrison stated there are a lot of "see through" (empty) of f ice buildings across University Avenue, and it soon became clear to them that this is not a good site for speculative office. A resident living across the street from the proposed service station stated he did not see the need for another convenience store in the area, much less a car wash. There is a car wash across University Avenue that doesn't do that much business. He did not think any variances on setbacks should be given to Phillips 66. If they want to be here, then they should follow the regulations that exist. Mr. Pat Maxey, 7388 Symphony, stated they cannot stop the gas station because it is an allowed use in M-2 zoning, but he did not think another gas station is needed. There are already plenty of gas stations in the area. And, he did not believe another car wash is needed in the area. He would like to see another use for this property as suggested by Northco. Mr. Maxey stated he is also concerned about the safety of the corner of University/73rd Avenue. There is a lot of traffic at that intersection, particularly in the morning. What kind of traffic situation is a service station on the corner qoing to cause, plus the additional traffic into the business park that is beinq developed? He stated he is totally against another service station, convenience store, and car wash. Mr. Ron Mattson, 'I324 Symphony, stated he attended several meetings with Northco Corporation. He stated the Northco people were very cooperative and interested in working with the neighborhood, the Planning Commission, and City Council. In fact, they made several modifications to the development to accommodate the people. But, at this meeting, it is a different story. Phillips 66 seems 9V � PLANNING COIrIIKI88ION !ffiETING, MAY 17, 1989 - PAGE 24 determined to put in the service station with the convenience store and the car wash no matter what, and they are telling the Commission and the neighbors how it is goinq to be done. He stated he did not like this kind of attitude. Mr. Matson asked if any marketing study has been done regarding the need for this particular business in this area. When this business fails, the neighborhood is going to be left with a boarded-up eyesore like they had with the Phillips 66 service station on University/Mississippi for many years. So, what happens when this business fails, and no one wants to buy it? Mr. Allison stated they did conduct a market study of this area, and the study indicated that the economic climate is sufficient to support this station as well as other stations in the area. In reference to other Phillips 66 stations that have failed, they were probably not company-owned and operated stations. They were probably independent business people and the stations could have failed for a variety of reasons, other than the demand for gasoline in the area. A neighbor expressed concern about the safety and the traffic. She stated there are a lot of young children in this area. The service road coming out onto 73rd Avenue is going to present problems. She is also concerned about a service station being a place for people to loiter. Has Phillips 66 given any thought to that problem? Mr. AlZison stated that with the type of operation they are proposing for this location, with the lighting they will have on site, and with the management, they do attempt to keep all loiterinq off the property. Anyone suspected of loitering is asked to leave the property. Mr. Allison stated Phillips 66 representatives are prepared to sit down with the neighbors at any time to discuss this proposal. Now is a good time to discuss the neighbors' concerns before the City Cauncil meeting. A neighbor expressed concern about another entrance off 73rd Avenue. A neighbor expressed concern over the 24-hour operation. He would prefer a professional-type business on this property. Mr. Allison challenged the neighbors to visit another Phillips 66 station at another Iocation to see how it is managed and to talk to the neighbors around the station to see if they have similar concerns/problems. 9X gLANNING COMMISBION 1�EETZNG. lSAY 17. 1989 - PAGE 25 A neighbor stated a traffic flow study should be done before this service station is built. Mr. Betzold stated traffic is a concern in this area, but he would be more worried about how much traffic will be qenerated after Northco and this property are developed. Mr. Allison stated in reference to the concern about the longevity of the car wash across University Avenue, they are basically appealing to a different clientele than the Phillips 66 car wash. It is an adequate car wash but not the same as automatic car washes. They have stations that have the automatic car wash establishments located behind Phillips 66 stations (two locations in St. Louis), but both are flourishing because of the different clientele they appeal to. OM TION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTIN(3 l�YE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUBLY. Mr. Kondrick stated Phillips 66 can certainly put the service station in if they want; however, in all deference to the people who make the laws and interpret them, he would vote in favor of the special use permit with all the stipulations presented by staff, and that the car wash not be permitted. He felt the petitioner should honor the setbacks because other developers have been asked to honor the setbacks. Mr. Saba agreed. He stated he would strongly urge the neighbors to meet with representatives from Phillips 66 to present their views and input before the City Council meeting. Mr. Barna stated the issue of the car wash is up to the City Council. He stated he felt strongly about the 100 ft. setback. Mr. Dahlberg stated he is also concerned that a 24 hour service station operation at this location is not the most desirable or most appropriate use. It is not unreasonable to expect that this Zot could remain vacant until there is a use better suited to the site. Ms. Sherek agreed with Mr. Dahlberg. She stated 73rd Avenue is in he� neighborhood. She drives that street many times a day, and is a lot of traffic on it. She drives past this area and then past the SuperAmerica on Highway 65/73rd Avenue, and it is a disaster. To put another disaster less than one mile from the SuperAmerica is not a good idea. She �tated she agreed with Mr. Dahlberg that a service station is not necessarily an appropriate use for this site. 9Y gLANNING CO��II+IISSION MEETING. !L!►Y 17. 1989 - PAGE� Mr. Betzold stated in looking around the City, there is not much that can be done with these type of small lots, and they usually end up with service station-type business on them. He recoqnized the sensitivities of the neighborhood, but since the service station is a permitted use, they cannot prevent it from being developed. I O�i TION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of Special Use Permit, SP #89-09, by Phillips 66 Company, per Section 205.18.O1.C.(3) of the Fridley City Code to allow commercial retail, with a motor fuel station/car wash, on Tract A, Registered Land Survey No. 78, the same being 7295 University Avenue N.E., with the following stipulations: 1. 2. The site plan shall be revised such that the canopy and building meet the 100 foot setback. The landscape plan shall be revised as follows: a. b. c. d. e. f. Locust species should not be used. The 12 inch Ash and 12 inch Boxelder on the north boulevard will have to be removed. Gro-low Fragrant Sumac shall be used instead of the Spirea in front of the car wash area. Southerland Juniper should be used instead of the proposed Colorado Blue Spruce. Bur Oak should be used as boulevard tree instead of the Sumit Ash. Eight Bur Oaks should be planted along 73rd Avenue and the University Avenue service road, planted 60 feet on center, instead of the proposed Locust trees. Clusters of Quaking Aspen should be used on the south side of the parking area toward the existing vegetation stand. The Gro-low Fragrant Sumac should be mixed with the proposed Juniper plantings. g. Six inch shredded bark mulch should be used for ground cover area. h. Multi-colored stones should not be used. i. A continuous 36 inch planting strip must be provided between the parking area abutting streets. A combination of berming and planting is also acceptable. 3. A car wash is not permitted. 4. There shall not be outdoor operation of lubrication equipment, hydraulic lifts, or service pits or the outdoor display of inerchandise. The display of petroleum products between pumps or the temporary display of 9Z �I��" ING COMMISSION MEETING. I�i�Y 17. 1989 - PAGE � merchandise within four feet of the station building is permitted. 5. The property shall not be used as a place of storage or depository of wrecked, abandoned, or junk motor vehicles, or the sale or display of used motor vehicles. 6. The site plan shall be revised to comply with the standards of the siqn ordinance. 7. If necessary, the petitioner shall obtain a permit from the Army Corps of Engineers prior to the issuance of a buildinq permit. IIPON A VOICE VOTE, BETZOLD, 1CONDRICR, BAHA, SARNA� VOTING PiYE, DAHLBERG AND BHEREK VOTING NAY• C$AIRPERBON BETZOI,D DECLARED THE MOTION CARRZED BY A VOTE OF 4-2. Ms. Dacy stated this item will go to City Council on June 5. 5. RECEIVE MAY 1 1989 PARKS AND RECREATION COMMISSION MINUTES: O�I TION by Mr. Kondrick, seconded by Ms. Sherek, to receive the May 1, 1989, Parks and Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTIN�3 AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMODSLY. Mr. Kondrick stated that the Parks and Recreation Commission is very concerned about the onqoing problem with geese at Moore Lake and Harris Lake and are asking the Planning Commission to concur with the Parks and Recreation Commission's concern and that the City explore the possibility of participating in the DNR's Goose Control Program. O�I TION by Ms. Sherek, seconded by Mr. Saba, to concur with the Parks and Recreation Commission's concern about the goose problem and to request City staff to contact the Department of Natural Resources about the City of Fridley participating in the DNR Goose Control Program. IIPON A VOICE VOTE, ALL VOTING liYS, CHAIRPERSON BBTZOLD DECLARED THE I+tOTION CARRIED IINANIMOIISLY. . 6. ��L±v� wrnv d 79R9 HiTMAN RESOURCES COMMISSION MINUTES: �IOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the May 4, 1989, Human Resources Commission minutes. IIPON A VOZC$ VOT$, IILL VOTINQ 117f$, CHAIRPER80N BSTZOLD DBCLARED THE MOTION C�RRIBD QNANIMOIIBLY. �LANNING COI+IIrII86ION l�lEETING. lU�iY 17. 1989 - PAGE 28 7. RECEIVE MAY 9 1989 APPEALS COMMISSION MINUTES: O ION by Mr. Barna, seconded by Mr. Dahlberg, to receive the May 9, 1989, Appeals Commission minutes. IIPON A VOICB VOTE, ALL VOTING l�YE � CHAIRPERSON BETZOLD DECLARED THE MOTION CARRZED t1NANIMODBLY. ADJOURNMENT• MO ION by Mr. Kondrick, seconded by Ms. Sherek, to adjourn the meeting. �pon a voice vote, all votinq aye, Cbairperson Hetzold declared the May 17, 1989, Planninq Commission meetinq adjouraed at 10:45 p.m. Res ectfully sub itted, Ly Saba Recording Secretary 9AA �-� � EI �� .1 �s '�� ; �'� �� # �' . 1,19 N- ' /tAA . ��, , � �a. y� : � '�� t ; . _ �1,,,_ � � �� ► -- , � -- - � . ---_ � v . . �(:s'�.!vSoy- -�� li.,Ps _1.G- ---- e��er ___P_�%ll�Rs_ ��_ _ =�u.�, �y s ----b 41 _ �v:��a�, �c.. 3 �J�-x� - -��`-S .�cr�o.�►�--- .r.�..w�•- ..7'� S� � s�, . __�� - . 1,,�.�.o-►, -- ��3 L s_�, ,c� Ny ST - _733 LS �w� �AdU�(Sf NE c.. ,.�s,at+�- -- -._ . 9 3 3! �j»'�:.rLr�} �?�-�1� (� �t Se � - -- 7 3 ��( SyM �� an y � �'� ��✓�Ks�t�i+D _ _ �37 g _Sy,+./�� s :� � � -�-- 3��s �/�-� �` �� _ /�1 ` --- ---73 �� -�� c� IS{{ . i _ �y ,,,.��_� y� '.�'�t-� �� i..;.�.�l.ul�-- " 1=� } S � `-� �' �n � '•� �P ' �ll'Uah -_--_l�b c cS Gr, . � - - - . -�Y9Gt�lYi�-�ii� 13��- ��„!� � - ---- - - �/SG� r�`�.••o�t _,�1 N�l� �3�r. �,r� �1S►� -- — --- �� l� G ��► _ 1�1+��+ --___ __ .-J�.S.��-�. ��1� �� Co .-.,-- -, -. - — - -„ -, -- � � u- - -- ----- - - - q3� � � �-� � � - - - -- - - ---- -- ��,,�N ._ _ _ _ _ _ _ _ _ _ ___ __ _ _��.�,��_ , __ _ _ _ _____ ��'�,�„--�.��___ _ __ _ ___ , , _ � I.:_ . �►. . _._ � -- 'o��—s�,� -- - - -- ��z �--s-�t��°� S��v � - -- ��►� �� .��.- - --- � ,__, �' � c�nr oF F�� C�lVIMUNITY DEVELOPMENT DEPARTMENT MEMQRANDUM , DATE: May 24, 1989 �.� �'�� William Burns, City Manager,� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Preliminary Plat, P.S. �89-01, Dan Sullivan Attached is the staff report for the preliminary plat for Sullivan's Overlook, located at 1161 Regis Lane N.E. The Planning Commission recommended approval of the preliminary plat request, subject to the stipulations recommended by staff. The subdivision ordinance requires the City Council to hold a public hearing for a final plat. Staff recommends that the City Council establish June 19, 1989 as a public hearing date for this item. MM/dn M-89-258 0 n 9DD � � STAFF REPORT APPEALS DATE �� QF PLAt�NG COMNqSSION DATE : rtay � 7, 1989 FIZIDLEY CITY COUNGL DATE: June 5, 1989 AUTHOR _�Il`'t/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENStTY PRESENT ZONING ADJACENT LAND USES & ZONING UTLfTIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIUTY WITH ADJACENT USES 8� ZONWG ENVIRONMENTAL �ONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION P.S. 4E89-Ol Dan Sullivan To plat a parcel into two lots and construct a single family residence on the second lot. 1161 Regis Lane N.E. 32,150 square feet R-1, Single-Family Dwelling R-1, Single Family Dwelling on east and south, vacant lot on west, school on north (North Park School) Park fee of $750.00 required at time of building permit. N/A Yes Yes None Approval with stipulations N/A Approval with stipulations Staff Report P.S. #89-01, Dan Sullivan Page 2 REQUEST The petitioner, Dan Sullivan, is proposing to plat and split part of Lots 8 and 9 of Auditor's Subdivision No. 25, the same being 1161 Regis Lane N.E. The petitioner wants to split the lot so that his daughter can construct a house on the second parcel. SITE The parcel is located in an R-1, Single Family Dwelling, district and abuts North Park School. A house and fenced pool area exist on Lot 1 of the proposed plat. Lot 2 of the proposed plat is where the petitioner's daughter is proposing to construct a house. ANALYSIS The proposed plat would accommodate the existing uses and allow for the construction for one additional single family house. Both lots would meet the minimum lot size required by code, as well as the 35 foot front yard setback requirement. There is an oak-filled ravine in the northeast corner of Lot 2. Staff is recommending that no construction or grading occur below the 952 foot contour to minimize any impacts on the ravine. The engineering staff recommends that the access to Lot 2 be placed as close to the westerly lot line as possible. This is to increase the sight distance to the intersection of Regis Lane and Regis Drive. The vertical curve on Regis Lane makes sighting traffic to the east difficult. RECOMMENDATION Staff recommends that the Planning Commission approve P.S. #89-01, Sullivan's Overlook, to plat a parcel into two lots, with the following stipulations: 1. There shall be no grading below the 952 foot contour on the northeast corner of Lot 2. 2. The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the rezoning request with the stipulations as stated. 9EE 9FF Staff Report P.S. #89-01, Dan Sullivan Page 3 CITY COUNCIL RECOMMENDATION The subdivision ordinance requires the City Council to hold a public hearing prior to final plat approval. Staff recommends the City Council establish June 19, 1989 as the public hearing date. �, . ► � �� _` � 41 ._..._��` : �'�� --� � �,� .. . _ `Z"�� %� J � �� ' , , ,..- ,,: i s ... -,.�,f„ M R >'• • or :. S VISION """' � � r, ..._ _, ----»- --- -� - ------ --- --- -- - �---- . � iiefg --u-.......--- -- � . . � � ... wfStFkiv � , RK '•—�m ND.l9�:� � r � CCWOO NR3�� /ST SUR CONOO 2 ` IMO�SI �' —!—_��_� � � 5 � ��i- � . , • _ ,—;T _—___� �� P.S. �t89-Ol Sullivan's Overlook S//2 SEC. 24, T. 30, R. , f,, �� 31 _� C/TY OF FR/OLEY 24 � ' I ��. l7EC. N 42 w1r�- f rc� . � s � 4 � ��'l�l �' `q � } � � � e � ��'�; �� : � � _ �O ``.��: V ♦ ; �'. %1 �C% /� • � � � � ., .. 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I J �� I ~ � I .J �" � :: .; � I J (? r — r: � ; .,, l i `'� � ` � � -, �ri �;�: ) �� I 1 I ( � 0 0 Y E _ 3 " s � � ! . e - � R R _ = = s - - � � .1 � L 7.• � � k � � � i3 � � , .. . r Z � � �:: � �3i�:<< .:Y`�� !:�.;� .Y: �Y. 7'9:" ]..i::e� •� ':i: �s�Y' ��:�; � ;qAx` � _'> .�li° .i°�w2:: .. �3:�=� ..]`-�' ':�b �3":: "Si�.e. : � � .. ��et. j� ..'��3 '�r�~ ^7^ .oeS:j��Ee.�.:�':�] d�`f 'i�� C::`�sI':3`�ES'S i3!":�,�;3Y:'�5': ;��;�`- i i.'.� :.7%�c: �: t�_ . a - ,3 S ITE PLA N H � � c�nroF F�� DATE: TO: FROM: SUBJECT: COl1�IMUNITY DEVELOPMENT DEPARTMENT MEMORANDLIM , May 24, 1989 � �• William Burns, City Managerq`' Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Special Use Penait, SP #$9-07, Paul Hengel Attached is the staff report for the special use penait request, SP #89-07, by Paul Hengel, to allow a second accessory building. The Planning Commission unanimously recommended approval with the following stipulations: 1. 2. The access to the accessory building shall be hardsurfaced and shall be placed at the zero lot line. The access shall be hardsurfaced by June 1, 1990. The accessory building shall be architecturally compatible with the existing house. Staff recommends that the City Council approve the special use permit request, SP #89-07, with the stipulations as stated. I�I/dn M-89-259 0 0 II 9JJ _ � STAFF REPORT APPEALS DATE C��QF PLANNING CONIMISSION DATE : May 17, 1989 FRIDLEY CITY COUNGL DATE :.Tune 5, 1989 Atn�„ MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UT�JTIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP #89-07 Paul Hengel To construct a 30' x 26' third accessory building 5932 - 6th Street N.E. 30' x 26'; 780 square feet N/A R-1, Single Family Dwelling R-1, Single Family Dwelling on all sides On site already N/A N/A Yes Yes N/A Approval with stipulations N/A Approval with stipulations 9KK1 Staff Report Paul Hengel, SP #89-07 Page 2 REQUEST The petitioner, Paul Hengel, is proposing to construct a second accessory building on Lot 7, Block 4, Bonny Addition, the same being 5932 - 6th Street N.E. Upon conducting a site visit, staff discovered that a metal storage shed already existed on the site, therefore, this will be a third accessory building. The property is zoned R-1, Single Family Dwelling. The R-1 district requires a special use permit for accessory buildings over 240 square feet. SITE The site is located west of Fridley High School in an R-1, Single Family Dwelling district. The lot, at 10,251 square feet, meets the code requirement for minimum lot size. A five foot drainage and utility easement runs parallel to the rear lot line. ANALYSIS The proposed accessory building would be constructed in the southwest corner of the lot. Construction would include the removal of one 14 inch diameter Oak tree and two 30 foot spruce trees. In addition to the proposed 30' x 26' accessory building, and existing storage shed, there is a 13'-6" x 22' private garage on the site. The total square footage of all three accessory buildings would total 1,221, well within the zoning code limit of 1,400 square feet. The total square footage of all buildings on the parcel is below the 25$ maximum lot coverage. The petitioner is aware that the building must not encroach into the drainage easement nor the three foot side yard setback. The access to the accessory building should be hardsurfaced and staff is recommending that it be joined to the neighbor's driveway to the south. This will eliminate the need to maintain a green area in the small space between the two driveways. The zoning code limits the height of the building to 14 feet and staff is recommending that it be architecturally compatible with the existing house. RECOMMENDATION Staff is recommending that the Planning Commission recommend approval of the request, SP #89-07 by Paul Hengel, to construct a third accessory building with the following stipulations: 1. The access to the accessory building shall be hardsurfaced and shall join the neighbor's driveway to the south. The access shall be hardsurfaced by September 1, 1989. 2. The accessory building shall be architecturally compatible with the existing house. Staff Report Paul Hengel, SP #89-07 Page 3 PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the special use permit request, SP #89-07, by Paul Hengel, with the stipulations as amended: 1. The access to the accessory building shall be hardsurfaced and shall be placed at the zero lot line. The access shall be hardsurfaced by �7une 1. 1990. 2. The accessory building shall be architecturally compatible with the existing house. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council approve the special use permit request, SP #89-07, by Paul Hengel, for a second accessory building with the stipulations as amended. 9LL sP �Es9-o� 9MM Paul Hengel S ITE PLA N �- � J l._J . 3 e,� +- <9 7 zPr 3 . '"' Z 7 • lf. ' f'_ • 2s c, ' z� s � ' s � 2 2 ti' �` 9 _ �z�a � t o �` ' � i f r -i ' •c iP � t L' + f w � ' ,r �. R r� 26 1� ✓ zs.: - - ,r<. �.- ZO • )r � '_�_'" 1� �9.. Z r .� .d,�+ `7% � Y_ 2 N ,� ` '.. . r. 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'y 'A «�� uno 5ur?vEr x . .. y .� MELE� o�y� S s i.• .a i .i . • � ♦ s ' �i!o d�'�;scs�a�rl J 'NO M . / ' ` p •: s I ��' • '/ '�), Y �� . i .. s. � r •su � Q I��7. -;�i"�" � ' '� —_. � � � , �� r_i �"_l I_"� r_t ^ (,-1 ��,v s e , � c. Za 3 i3 �, LOCATION MAP 10 _ � STAFF REPORT � APPEALS DATE May 9, 1989 CITY OF PLAN�pNG CON�WSSION DATE F[��.L„I CITY COINVCIL DATE June 5, 1989 aurr�o� �/1s REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING UT1lJT�S PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENOATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #89-06 George and Linda �Lstrcm To reduoe the required rear yard setbaci: frat�►► 25 feet to 17 feet to allow the canstructioc� of a 14' by 22' additi� 6701 Quincy Jtre�t "T• �. 90 ft. x 100 ft.; 9,000 sq. ft. N/A 1�1, Single Fanily �1, Single Family Residential surrotmdiriq on all sic�es N�nicipal utilities exist on site N/A N/A Yes Yes N/A Den.ial, Tie wte on irotion to deny N/A 10A Staff Report #89-06, 6701 Quincy Street N.E. Page 2 A. B. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03.D.(3j.(a) requires a rear yard depth of not less than 25� of the lot depth with not less than 25 feet permitted or more than 40 feet required. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood and provide adequate separation between buildings. STATED HARDSHIP: "I need your help with this variance. For the best use of our back yard, we would like to keep the addition to one side of the lot. We do not have a very large lot, only 100 ft. with a 35 ft. setback plus the house makes the back yard seem shorter. Talking with the Inspection Department, we were told that the addition cannot cover the kitchen window in the back. So, this only allows us to go straight back from the house. With our growing family and my mother will be staying with us (age 79), the size of this addition is very much needed. All the neighbors surrounding us have signed a statement saying that they have no objections to our addition. To highlight this statement: 1. Small back yard 2. Best use of yard to 3. Will be 27 ft. away 4. Can't cover kitchen 5. Probably best layou 6. Most of all, for th living with us" C. ADMINISTRATIVE STAFF REVIEW: Reauest keep addition to one side from back lot line window t for resale of house e reason of having my mother The petitioners, George and Linda Colstrom, are proposing to construct a 14 ft. x 22 ft. addition to their house on Lot 12, Block 5, Brookview Terrace, the same beinq 6701 Quincy Street. The addition would encroach into the rear yard setback, reducing it from 25 feet to 17 feet. Staff Report VAR #$9-06, 6701 Quincy Street N.E. Page 3 Analysis � � = The lot meets the lot size requirement of 9,000 sq. ft: Currently, there exists on the site a 40 ft. x 25 ft. rambler, a 25 ft. x 15 ft. garage, and an approximately 10 ft. diameter gazebo. The addition must be constructed perpendicular to the house to allow an existing kitchen window to remain open to allow natural light and ventilation into the kitchen. The lots in the neighborhood are platted at 100 ft. depths, and the rear yard setback provides for adequate separation between buildings. If any two parties build to the required rear setback, then a 50 ft. separation between buildings is maintained. If the variance is approved, this separation would be reduced to 42 feet. Staff is sympathetic to the petitioners' need for more room due to their increasinq family, but a smaller 14 ft. by 14 ft. addition could be constructed and meet the ordinance. Recommendation Staff is recommending that the Appeals Commission deny the request, VAR #89-06, to reduce the rear yard setback from 25 feet to 17 feet, because the proposed addition would effectively reduce the available back yard space by 50�, as well as reduce the minimum setback between buildings. Appeals Commission Action A motion to approve the variance failed due to a lack of a second. A motion was then made to deny the variance. The Commission voted to a split decision (2-2). The Commission also wanted to know why the kitchen window couldn't be covered. Attached is the memorandum from Darrel Clark addressing this issue. The kitchen window could be covered, but adequate provisions for light and air must be maintained in accordance with the Building Code. City Council Recommendation Staff recommends that the City Council deny the variance request, VAR #89-06, to reduce the rear yard setback as previously stated. MEMO TO: MEMO FROM: MEMO DATE: �arb ac„�,� Planninq � Darre lark, Chief May 18, 1.989 Coordinator Buildinq Official SUBJECT: Liqht & Ventilation in Habitable Rooms Per Section � 1305.3600 State Building Code Amending Section 1205 UBC Attached herewith are the appropriate buildinq code requirements as they pertain to windows in habitable rooms. All rooms must have natural light and ventilation. The required light is 8� of the �loor area; the required ventilation is 4� of the floor area. In lieu of the required windows, a mechanical ventilation system providing at least two air changes per hour may be installed. The following are two other ways a substitute may be used for light ar,d ventilation in all rooms except bedrooms: 1. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or 25 square feet, whichever is greater. 2. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the buildinq. EXCEPTION: Required windows may open into a roofed porch where the porch: A. abuts a street, yard, or court; and 8. has a ceilinq height of not less than seven feet; and C. has the longer side at least 65 percent open and unobstructed by screws or windows. DGC/mh Attach: Section 1305.3600 State Buildinq Code m �OC unLts must be opecable Ecom the ineide to a tull cleac openinq aithout the use oE sepacate tools. whece Mindovs are provided aa a means ot egcess oc rescue they mu�t have a sill height o! not more than 48 inches above the Eloor. All eg�ess or re�cue vindows from sleeping rooms must have a minimum nee clear opening oE 5.7 square Eeee. The miaimum net clear opening height dimension must be 24 inches. The minimum net cleac opening width dimension must be 20 inches. MS s 16H.59 to 168.73 1305.3y00 SECTION 1201. UHC Section 1201 Group R Division 1 occupancy deEinition is amended to read as follows: Division 1. Hotels and apactment houses. Convents and monastecies (each accommodating more than ten persons), supecvised living facilities Class A-2 as deEined in Section 420 for the mentally retarded, mentally ill, chemically dependent, and the physically handicapped (each accommodating more than six persons). Physically handicapped persons shall be housed at stceet level in supervised living facilities. UHC Section 1201 Gr.oup R, Division 3 is amended to read as follovs: UHC Section 1201, Division 3. Dwellings and lodging houses, supervised living Eacilities Class A-1 as defined in Section 420. For occupancy sepacations, see Table No. 5-8. MS 5 16H.59 to 168.73 1305.3500 (Repealed, 11 SR 1405] 1305.3600•SECTION 1205. c�. OBC Section 1205 is amended to read as tollow�: 10D Section 1205. (a) Light and Ventilation. Al1 guest roocns, docmitories, and habitable rooms within a dwelling unit shall be provided vith natural light by means oE extecioc glazed openings with an area not less than eiqht pescent ot the Eloor area ot such rooms vith a minimum of elqht square teet. Al1 bathrooms, water closet compartments, laundry rooms, and similar rooms shall be pcovided with natural ventilation by means o! openable ezterior openinga with an area not less than 1/20 0! the tloor ar�a ot such rooa�s with a minimus o! 1-1/2 square teet. All quest cooms, dormitociea, aad habitablt roaas within a dwellinq unit �hall be provided with natural ventilatioa bp means ot openabl� est�rioc op�ninqs with ta area ot no! les� than tour percent ot th� tloor area ot such cooms vith a siniaus ot touc square te�t. In lieu ot requic�d �:e�riot openinqs toc natural ventilation, a mechanical ventilatinq systes say be provided. Such sy�tea shall b� capabl� ot pcovidinq two ais chang�s p�e hour in all qu�st cooss, docaitocies, habitabl� roo�s, and in public coccidors. On�-!i[th o� eh� ais supply shall b� tak�n tro� eh� outsid�. In bsehroo�s, wat�c clos�t comparl,eats. laundcy roaas, and sisilar rooas a m�ehanical v�ntilations systea connect�d directly to th� outside, capable oE pcovidinq tiv� air chanqea_p�r hour, slull b� provid�d. - rot eh� purpos� o! d�t�r�ininq llqht and ventilation requirea�nea, any roa� ■ay b� considtsed as a poction ot an 79 adjo:n:ng �ooR vhen 01C-�3.E oE t�e a:ea o: the coR.mon +all is oorn and ur.obstr�cted and provides an opening oE r.ot less :ha� o.^.e-:enth oE the Elooc acea e: che intecior :oom or 25 square Eeet, vhichever is gr?acer. Required extecio: oper.ings '_or natucal light and ventilation shall ope� dicectly o�to a street oc oublic alle� or a yacd or couc� located on the same loc as the building. Exception: Requi:ed windovs may open into a roofed porch where the porch: 1. abuts a s:reet, yard, or court; and 2. has a ceiling height of not less than seven Eeet; and 3. has the longer side at lease 65 percent open and unobstcucted. (b) Sanitation. Every buildinq must be provided with at least one water closet. Evecy hotel or subdivision of a hotel where both sexes are accommodated must contain ae least two separate toilet facilities vhich are conspicuously identified Eor male or female use, each of which contains at least one watec closet. Evecy dwelling unit must be pcovided vith a kitchen equipped aith a kitchen sink. Every dwelling unit and evecy lodqing house must be provided with a bathroom equipped with Eacilities consistinq oE a water closet, lavatory, and either a bathtub or shower. Each sink, lavatocy, and either a bathtub oc showe� must be equipped vith hot and cold runninq water necessacy Eoc its normal operation. Foc other requirements on water closees, see section 511(a) as amended in part 1305.1700. For additional sanitation facilities cequirements, see section 510(c), as speciEied in pact 1305.1600. MS s 168.59 to 168.73 9 SR 1557 1305.3700 SECTION 1210. OHC Section 1210(a) is amended to read as Eollo�+s: Seetion 1210. (a) Fice-warninq Systems. Every dwelling unit and every quest raom in a hotel or lodging hous• used Eoc sleepinq purposes must be provided with sawke detectocs confocminq to UHC Standard No. tl-6. In daelling units, detectors must be mounted on the ceilinq or wall at a point centrally located in th� corridor or area qivinq access to rooms uaed !oc sleeping purposea. In an etticiency dwelling unit. hotel sleeping room and In hotel suites, the detectoc must be centrally located on the ceiling o! the main rooa oc hot�l sleeping coom. Where sleepinq rooms are on an upper level, the detector must b� placed te eh� eenter oE th� ctiliag dicectly above th• staicvay. All deteceocs must b� located in aecocdance vith approved manufaceurer's instructions. When actuated, the detectoc muse provid� an alars in th� dvellinq unit or quest roow. when alt�cations, r�pairs, or additions to habitable spac� cequicinq a pecait and havinq a valuation in exc�sa o[ 51,000 occuc, or when on� oc mor• sletpinq rooaa ac� added oc created in existinq Croup R, Division 3 oc � Occupancies, eh• •ntirt - building must be pcovided with smok� d�tectocs Iocated as required tor new Group �. Division � or t Occupancies. � � 10E :. !4, T. 30, .R.24 �F FR/OL EY �—� F iN151S A COAVIL..710N O/ F 1MEY AWFAR IN TNE ANp. OfFKFS AFfECIING /HE ARf rMis �R.nwmc a ro � usF: Rfff+tFI�KF iuie►OSES ,w^ T1' IS N01 RESIO/J5161f `' ACCURACIES NfREM1 fJ/ 539/4 ,��, 12 �i , � NE COANEA N//I CORNEA r�u. �C :a SEC. /� ' . .. „ • F �, � ` .. V b� �v� �� Y P .i f f + �+ �� M/� .F r '� ♦ /' i :.� , f � it� .y 3 z � j a rl �r is R �' � II f�B. 7 c' s � P fF fr � 5`, �+ a is is � �z n' �a F� �..+. ...+. �' W � f s�z � � ��> � '�~ . RIC� SCREEK TERRACE -�-,� Y `�� v� � : a f,•• ... 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'�� at0?.- "Q� ��►��M ��'� � � ►��r1► t L� i ♦� ! * .�� )•�� ! � � � �i� / ��i�� - i�'� , - i , • \��,� � � ; � , � .±• ZON1N� MAP �: �. � , �: << � � � � � � ----... _., �• . ' a � � t �`'4 g �' � y =� � �� - - -.- .. _.. _ � , . � � �.�� T � I �i � � ( •` • S � � ��/ � �• �, � �� . ?� 1 � • �� • � , _« ..��. ..._....... ...» � I C/ i/ �'' ✓ s-�,y s � �' �� ..,... �'; � � �` \\ �+� �` � �1 V ` • � � r V � � V � ` � p �.. �� 10H S ITE PLA N FLOOR PLAN �'1! George & Linda Colstrom 6701 Quincy St NE. Fridley, Mn April 19,1989 I need your help with this variance. For the best use of our back- yard we would like to keep the addition to one side of the lot. We do not have a very large lot, only 100Ft. with a 35Ft. set back plus the house, makes the backyard seem even shorter. Talking with the Inspection Department we were told that the addition cannot cover the kitchen window in the back. So this only allows us to go straight back from the house. With our growing family and my Mother will be staying with us (Age 79). The size of this addition is very much needed. All the neighbors surrounding us have signed a statement saying that they have no objections to our addition. To highlite this statement. 1. Small backyard 2. Best use of yard, to keep addition to on� side. 3.Wi11 be 17Ft. away from back lot line 4. Can't cover kitchen window 5. Probably best layout for resale of house 6. Most of all for the reason of having my Mother living with us. 10J �y'� a�C� ��i "� S�''1! -Z/o �"��"�' We have no problem with the neighbors at 6701 Quincy St. NE Fridley putting on a room addition. NAME ADDRESS V�,' �� . ,; , � �� -��,�---� � ? �� u�� / , 0r � ^ �c� —��c� �� ,1 � � t��c�� c� � , � �� ____ < � � L��t `;�r -��-�/'c�� _ � � .-�: ti� �-. � s �-� � c_ �7'�0��0-- ,� .: �.� a-�f � t ,, , � �'�,�," � � b • � � �'vL,C�,�ti'l-Cti''� � DATE ,� t �— ��— _ ( �%�l°�°�`� ,� --,�� .�� , _ � �, _ � . �-��-�� % ��y9 � t cinroF F� �� DATE: TO: FROM: SIIBJECTs COl1M/1UNI'i'Y DEVELOPMENT' DEPARTMENT MEMORANDIIM May 26, 1989 William Burns, City Manager Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator Michele McPherson, Planninq Assistant Variance Request, VAR �89-06, George Colstrom 0 Attached is the variance request, VAR �89-06, by George Colstrom, to reduce the required rear yard setback from 25 feet to 17 feet. The Appeals Commission's motion resulted in a split decision (2- 2). Staff reconunends that the City Council deny the variance, because it would reduce the available qreen space and would reduce the minimum setback between buildings. The petitioner can construct a smaller addition and still meet setback requirements. l�i :1 s M-89-273 u L 10M �►PPEALS COMMZ88ION MEETING. MAY 9. 1989 PAG$ 3 , � � Ms. Savage stated in lookinq at the property; these are beautiful houses, but the area seemed quite crowded. She would be more comfortable tablinq this item uatil the petiticner could be present. _ - ' � � �' OM TION by Mr, Shere , seconded by Ms. Savage, to table Variance Request, VAR �8 , by William E. Carlson and Carroll A. Brennan, until the M 23, 1989, meeting. IIPO VOICB VOTS, ALL VOTINa AYE, CHAIRPER80N BARNA DECLARED TH8 ZON CAR.RIED IINANIMOIIBLY. 2. CONSIDERATION OF A VARIANCE REOUEST VAR #89-06, BY GEORGE AND �,INDA COLSTROM: Pursuant to Section 205.07.03.D(3)(a) of the Fridley City Code to reduce the rear yard setback from 25 feet to 17 feet to allow the construction of an addition on Lot 12, Block 5, Brookview Terrace, the same being 6701 Quincy Street N.E. MOTION by Ms. Savage, seconded by Mr. Sherek, to open the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BARNA DECLARED THE PUBLIC BEARIN�3 OPEN AT 7s50 P.M. Ms. McPherson stated this property is located in an R-1 Single Family Residential District and is surrounded on all sides by R-1. Currently on the site is the house, a two car qarage, and a gazebo. The petitioners are proposing to build a 14 ft. by 22 ft. addition would encroach into the rear yard setback. According to the Buildinq Inspector, the addition must not cover the existinq kitchen window. Ms. McPherson stated staff is recommending the Appeals Commission deny the variance on the basis that the addition does reduce the separation between buildings and the amount of available green space in the back yard. The neighbor to the east does not have any additions on the site. If there was an addition to the east, it would reduce the space from 50 feet to 42 feet. Ms. McPherson stated staff is recommending the petitioner consider constructinq a smaller addition (14 ft. by 14 ft. ) which would meet code and still have fairly ample size for use as a family room. Mr. Kuechle stated he did not understand why the petitioner is not allowed to close off the kitchen window. Ms. McPherson stated it is a Building Code requirement. 10N APPSALB COMMIBBION I�BETINa. MAY 9. 1989 PAG$ 4 Mr. Colstrom stated he had reviewed the plans with both Darrel Clark, the Buildinq Inspector, and Bi21 Sandin, the Heatinq Inspector. At that time, Mr. Clark advised him not to cover the kitchen window. Also, Mr. Clark told him that because he is buildinq close to the garage, the inside wall of the qaraqe woyld have to be fire rated sheetrock. He stated he has done that already. Also, anticipatinq a future expansion to the south, h� has also removed all the windows and doors alonq the north side of the garage. Other than these things, Mr. Clark seemed in aqreement with the buildinq plans. Mr. Colstrom stated he cannot live with the 14 ft. by 14 ft. size addition being recommended by staff. That is about the size of a bedroom. Mr. Kuechle stated he had difficulty with the idea that the kitchen window cannot be closed off. If the kitchen window could be covered, it would provide a viable alternative of turning the addition around and placinq it alonq the kitchen. It would then not be necessary to extend so much into the rear yard. Mr. Colstrom stated he has just finished remodeling the kitchen, so that alternative layout would not be practical now. One of the reasons the addition is pulled to the one side toward the qaraqe is because he wanted to put a window in the jog so he can look from the addition into the driveway and also to qet the evening sun and natural breezes into the family room. The length of the family room would not be deeper than the actual garage itself. The qarage is 17 feet from the rear lot line. Mr. Colstrom stated he has statements from his surroundinq neighbors, including the neighbor behind him, stating they do not have any problems with this addition. Ms. Savage asked about the possibility of reducing the size of the addition. Ms. Linda Colstrom stated a 14 ft. by 14 ft. addition is just too small. Mr. Colstrom stated the addition would be more of a universal type room than just a family room, and a room for his mother when she stays with them which he had listed as part of his hardship. Also stated in his hardship is how he has worked to keep the addition to one side of the lot, trying to group the buildings together, rather than using up all the back yard. The back yard is still a pretty good size even though it looks sma12. There are plenty of trees and flowers. Mr. Colstrom stated he has lived in Fridley for 16 years and plans to live here for a long time. His children are qrowinq, and he 100 APPEALB CO�ISSION 1dEETINa. MAY 9. 1989 PAGB 5 needs the additional space for them as well as for his mother who will be livinq with them. Mr. Barna stated the Commission needs a definite hardship which makes this situation unique. � Mr. Colstrom stated the building aspect is to make the maximum use of the lot by putting the addition to one side of the lot. He also has to rework his plans to keep the addition from blockinq the kitchen window. The house would have a better resale value with an addition than with just three bedrooms. And, he needs more living space for his mother. She will need a separate room to be by herself. Mr. Sherek stated on one hand, there is the need for more space, but on the other hand, there are restrictions set up in the Code. The hardship the Commission has to �ook for is what does the petitioner need to do that is restricted by this piece of property that cannot be accomplished in another way. There is the problem with the kitchen window. He stated he really did not like the plan as laid out, and he felt the Commission is missinq some information of why the addition cannot cover the kitchen window. Mr. Kuechle stated he had never heard about an egress out of a kitchen window, so he had some difficulty with that restriction. If the kitchen window could be closed off, there was no need for a variance. Mr. Colstrom stated he just remodeled the kitchen and kitchen cabinets to go around the window and the sink area. Ms. Dacy stated she was in the office when Mr. Clark told the petitioner he could not cover the kitchen window. She apoloqized that staff did not have a specific answer to this question, but she was sure that it is a Building ��de requirement. If the Commission wished to have that information before acting on this variance, they could table the item until the next meetinq. Mr. Colstrom stated he is only asking for the Commission to be fair with him. There are other additions throughout the Fridley area that are closer to the rear lot line than he is requestinq. In fact, one block away, there is a 16 ft. by 20 ft. addition that is only 9 feet from the rear lot line. Mr. Barna stated he also did not like the layout of the proposed plan. He did not like the offset. He would be more comfortable if the addition was flipped and extended along the side of the house. 10P APPEALB COMMISSZON MEETINa. MAY 9. t989 PAGS 6 Mr. Colstrom stated he definitely wants the offset to catch the afternoon sun and cool breezes in the summertime. He stated he would aqree to reducinq the addition to 14 ft. by 20 ft. Ms. Savaqe stated her main concern is the variance, because she did not think that under the law, the petitioner has established. a valid hardship. She sympathized that the petitioners need more space, but that is not a hardship. Unfortunately, the Commission is restricted to followinq the law. Mr. Barna stated he definitely felt the hardship is the Buildinq Code requirement of not beinq able to cover the kitchen window. Mr. Colstrom stated he reviewed all his plans with Darrel Clark, because he wanted to make sure this was a"go" before he got further into this and before he got any commitments from contractors. To his surprise, when his contractor came in to pick up the building permit, he was told a variance was needed. Mr. Colstrom stated he is really between two spots right now, and he hoped the Commission would help him out with this variance. Ms. Kathy Phillips, a realtor with Merrill Lynch (in attendance for item 3, VAR #89-07, by Cheryl Stinski), stated she has been in � real estate for 15 years. She stated kitchens without windows are very difficult resale situations. People like to have natural �ight intc their kitchens. Also, the addition as proposed by the petitioner is better from a resale point of view because there is more usable space in the back yard. MOT ON by Mr. Sherek, seconded by Ms. Savage, to close the public hearing. IIPON A VOICB VOTE, ALL VOTINa AYE, CHAIRPERSON BARNA DECLARED THE POBLZC HEARING CL088D AT 8:30 P.M. Mr. Sherek stated that after hearing the statement by Ms. Phillips that the resale value of the house is better with the addition as proposed by the petitioner, he would vote in favor of approving the variance. Mr. Kuechle stated he still had the problem of closing off the kitchen window, because there are some alternatives with the addition turned the other way. Ms. Savage stated she has to vote against the variance, because of the size of the addition, and because that under the law, the Commission can only grant a variance when the strict enforcement of the Code would cause undue hardship because of circwnstances unique to the individual property under consideration and when such actions would be in keeping with the spirit of the code and intent of the ordinance. She did not think there was a hardship under 10Q APP$ALS COZ�II+IISSION 1dEETINQ. Ml�Y 9. 1989 PAa$ 7 this particular 2aw. Obviously, the smaller addition would be within code, but she did feel the encroachment as proposed would definitely reduce the green space. Mr. Barna stated he would be in favor of grantinq the variance because the resale value of the house is better with the addition as proposed, and he found the hardship to be the requirement of not beinq able to close off the kitchen window. � MOTION by Mr. Sherek to approve variance request, VAR �89-06, by George and Linda Colstrom. �IOTION DIED FOR LACK OF A SECOND. OM TION by Ms. Savage, seconded by Mr. Kuechle, to deny variance request, VAR #89-06, by George and Linda Colstrom, pursuant to Section 205.07.03.D(3)(a) of the Fridley City Code to reduce the rear yard setback from 25 feet to 17 feet to allow the construction of an addition on Lot i2, Block 5, Brookview Terrace, the same being 6701 Quincy Street N.E. IIPON A VOIC$ VOTE, 8llVAGB AND 1CIIECHLE VOTINQ� AYB, BARNA l�ND SHERE� VOTING NAY, CHAIRPERSON BARNA DECLARED THE MOTION FAILED BY I1 TIS VOTE. Mr. Kuechle stated he would like to see more of the alternative of turning the addition around to allow the addition without a variance, and he was unhappy that the Commissioners did not have the rationale for doinq that because of the kitchen window. Ms. Dacy stated this item will go to City Council on June 5. Ms. Dacy stated staff will update the Commission at the next meetinq on the reason for the requirement of leavinq the kitchen window open. 3. CONSIDERATION OF VARIANCES VAR #89-07 BY CHERYL STINSKI� Pursuant to Section 205.16.04 of the Fridley City Code to increase the height of a buildinq from 45 feet to 52 feet; and pursuant to Section 205.16.05.D(5) of the Fridley City Code to reduce the distance from the hard surface area to the building from 5 feet to 1 or 2 feet to allow the construction of an office buildinq located on Lot 1, Block 1, Hillwind Addition, the same beinq 941 Hillwind Road, and on Lot 3, Auditor's Subdivision No. 25, the same beinq 1001 Hillwind Road. MOT ON by Mr. Kuechle, seconded by Ms. Savage, to open the public hearinq. � � cinroF F�� Dl1TE : TO: CDl1�1N1UNITY DEVELOP1�lENT .. DEPARTMENT �' MEMORANDLIM June 1, 1989 � � • �1�lilliam Burns, City Manager �' FROM: Jock Robertson, Community Development Director Barbara Dacy, lanninq Coordinator Lisa Campbel�;��anninq Associate B�BJECT: �ackground Approval of $10,000 Allocation for Household Hazardous Waste Collection and Permission to Submit Application Recently the Fridley Jaycees committed a donation of $5,000.00 for the purpose of conducting a Household Hazardous Waste Collection Day (HHWC). On May 15, 1989, the Cfty Council informally discussed donating $10,000 to this effort. Initially, it was suqqested that a joint collection be pursued with both Fridley and Spring Lake Park. Staff has been informed that Spring Lake Park is not able to participate at this time. Staff has been working with the Environmental Quality Commission, Energy Commission, community civic qroups, and other City staff to secure the necessary financial, site, staff and volunteer commitments necessary to complete the application. There will be many additional adminfstrative requirements that will need to be reviewed by the Council again before the actual collection day is completed in September or October of 1989. Action Request Staff recommends grant application on May 15, 1989. Program Costs that the Council approve the submittal of the and the City allocation of $10,000 as discussed Estimated program costs include the disposal costs and additional costs. Staff has estimated costs at: � $22,500 Disposal costs 3.400 Additional costs $25,900 11A Household Hazardous Waste Collection June 1, 1989 Page 2 Please see Attachment A of the grant application for the actual calculations of costs. The actual cost of Household Hazardous Waste Collection has historically exceeded estimated costs. The cost for collection in the City of Columbia Heights was estimated at $12,262. The actual program cost was $23,271. Staff has deliberately over-estimated costs. Cost of the collection day will vary as participation varies. Staff has calculated participation at 3$ of the City's 12,000 households or 360 participants. Fund Raisinq Staff has requested additional funds from the four Fridley community organizations. These groups include the Fridley Lions, American Legion Post 303, the Kiwanis Club, and VFW Post 363 and Auxiliary. Staff requested $2,000-5,000 from each group. Additional funds from these sources could range from $6,000 to $15,000. Site John Flora, Director of Public Works, is working with Dave Torkildson of Anoka County Parks to secure the northeast corner of the Columbia Arena parking lot. Respiratory Personnel In order to bulk paint collection, the MPCA requires the commitment of 8-9 fire department personnel who are medically fit to use self- contained breathing apparatus. Bob Aldrich has committed this personnel under the condition that the Fire Department would be reimbursed. Notification of Approval The MPCA will approve or deny the application by June 12, 1989. LC:ls M-89-284 FALL 1989 Bous�oLO eAZ�xnovs vns�rE COLL.SCPION PROJECf Application Form ' Return by Vednesday, June 7, 1989 to: Donna Portner Minnesota Pollution Control Agency 8azardous Yaste Section 520 Lafayette Road North St. Paul, Ninnesota SSI55 612/296-7039 I. APPLICANT INFORMATION Coemunity Name City of Fridley Contact Person Lisa Cam�abell Title Planninct Associate llddress 6431 Universitv Avenue N.E. Telephone Nuaber (612) 571-3450 Cosmunity Population Size 30,000 Nuaber of Bousei�olds in Co�uni ty 12 , 000 II. sOAILABILIIT OP OOlIIliR!iITT MATCB Ft1I�IDS Please refer to "Fall l989 Household Bazardous Vaste Collection Project: Background Document" A. Estimated total household hazardous waste collection costs for your community: (consisting of estimated contractor costs) _ S a2,soo cdisposat oosts)* • 8. Has your community already raised and appropriated an amount , equal to at Ieast one-half of your estimated household . hazardous vaste collection costs? Yes X No * See �Jorksheet # 1, Attac�unent A 11B . 1�C -3- '� B. Can you get a commitment from local fire departments to provide 8 or 9 fire department personnel, vho have been trained in respiratory protective equipment and vho are on a regular oedical monitoring schedule, to bulk oil paint at the collection? Yes X No C. Can the requirements associated with a physical site in your community as outlined in Section IV.8.2 of the "Background Document" can be eet by September or October 1989? Yes X No D. Vould the proposed site be available for set up the day before the collection and be secured overnight to prevent vandalism? Yes X No E. Has any public education regarding the nanagement of household hazardous vaste already taken place in your community? 1. If yes, briefly list these activitfes as vell as additional activities that are planned. 2. If no, briefly list public education actfvities ihat are planned. Acti'vities are prccrotional: 1. Article in Fridley Newsletter 2. Article in Fridley Focus 3. Mailing of Household Hazardous Wast�e Day notification 4. Air Household Hazardous taaste video on municipal chanriel IV. RECTCLING OPPORTUNITIES Does qour community have recycling outlets for: Bousehold Paint llotor Oil Car Batteries Automotive Chemicals Pesticides Solvents Yes No X Yes X No Yes No X Yes No X Yes Nc X Yes No X -5- 11D THIS OOMPLETED APPLICATION MUST BE RECEIVED AT TSE MINNESOTA POLLtTtTON OONTROL AGENCY NO LATER THAN 5:00 P.N. OT'i �iBDNESDAY, JUNE 7, 1989. SELECfION OF COlQ�UNITIES SHALL BB OOMPI.STED BY MONDAY. JUNE 12, 1989. �' /. ;,.�,.,� �� Signature of Contact Person or Authorized Agent for Community Name City of Fridley Attachment A HOIISEHOLD HAZARDOIIS WASTE COST ESTIMATES Estimated Disposal Cost Formula Used [(Number of Households x Anticipated Participation Rate) x(Cost per Household)] x Contingency Fund ($12,000 x .03) ($50.00) .25 = $22,500 $18,000 + $4,500 = 22,500 Estimated Additional Cost Publicitv Printing Postage Equi�ament Solid Waste Disposal Dumpster Portable Sanitary Facilities Miscellaneous Equipment Miscellaneous Refreshments Estimated Total Cost $22,500 + $3,400 = $25,900 _�_ 1,000 1,500 300/donation 200/$50/unit/day 300/(rents, etc.) 100 $3,400 11E Attachment B POTENTIAL 1��lBERS OF ORGANIZING COMl�IITTEES Lisa Campbell Larry Rundel City of Fridley VFW Post 363 + Auxilliary 6431 University Ave. N.E. 1040 Osborne Road N.E. Fridley, I�DJ 55432 Fridley, NIl�I 55432 571-3450 Brad Turner City of Spring Lake Park 1301 - 81st Avenue N.E. Spring Lake Park, I�T 55432 784-6491 A representative of American Legion Post 303 7365 Central Avenue N.E. Fridley, MN 55432 A representative of Kiwanis Club 4024 Central Avenue N.E. Fridley, IrIIJ 55432 Maynard Nielsen Fridley Lions Club P. O. Box 3815 Fridley, IrIIJ 55432 Connie Metcalf Fridley League of Women Voters 860 West Moore Lake Drive N.E. Fridley, NIId 55432 Environmental Quality Commission Paul Dahlberg Richard Svanda Energy Commission Dean Saba Bruce Bondow 11F RESOLUTION NO. -1989 A RESOLUTION REQUESTING THE COUNTY OF ANOKA TO REDUCE THE SPEED LIMIT ON MISSISSIPPI STREET FROM TRUNK HIGHWAY 47 (UNIVERSITY AVENUE) TO TRUNK HIGHWAY 65 (CENTRAL AVENUE) WHEREAS, Mississippi Street is under the jurisdiction of the County of Anoka; and WHEREAS, the posted speed limit on Mississippi Street from Trunk Highway 47 (University Avenue) to Trunk Highway 65 (Central Avenue) is 35 miles per hour; and � WHEREAS, Hayes Elementary School is located on Mississippi Street between Trunk Highway 47 and Trunk Iiighway 65; and WHEREAS, certain citizens of Fridley and members of the Hayes School Parent Teacher Organization have expressed concerns about the safety of children crossing Mississippi Street, especially qiven the increased traffic due to construction on Interstate Highway 694; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, that the County of Anoka be requested to reduce the speed limit on Mississippi Street between Trunk Highway 47 (University Avenue) and Trunk Highway 65 (Central Avenue) in order to provide greater safety for school children attending Hayes Elementary School. 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 12 13 �.a MEMO TO: WILLIAPI W. BIIRNS TY lt1�iNAQER A' FROM: WILI,IAM C. H , SIBTliNT TO THE CITY MANAQER DATE: MAY 5� 1989 SIIBJECT: 1989-90 CONTRACT WITB TH$ TWIN CITY•AREA IIRBAN CORPB. Each year the City of Fridley enters into a contract with the City of Minneapolis to participate in the Urban Corps. Program. As a participant the City can employ students who have Federal Work Study Grants to work as interns. The City pays between thirty and forty percent of the salary, and the Federal Work Study money makes up the difference. For example, an undergraduate student from the University of Minnesota received $5.75 an hour for intern work and the City pays $2.39 to the Urban Corps. The Urban Corps. also takes care of any taxes and insurance for the interns. In order to participate in the Urban Corps. program it is necessary for the University to contract with the City of Fridley. The required contract is attached. I request that you present this matter to the Fridley City Council at their meeting on June 5, 1989 for a motion authorizing the Mayor and City Manager to sign the attached contract with City of Minneapolis. WCH/jb 13A 1989 - 195� AGREII�N'T FOR PARTICIPATION IN UfiBAN CORF�S PROGRAM BEZi�IFrEN CITY OF MINNEAPOLIS ANU THE CITY OF FRIDLEY THIS AGiiEII�NT is entered into this day of 19 , by and between the City of Minneapolis (herein called "Urban Corps") and �he Gity of Fridley (herein called "Agency"). WE�RF.�,S, the above n�amed Agency, a public organiaation or private nan-profit tax-exempt organization, desires to participate in thE 'I�ain City Are.� Urban Corps and in consideration for the assignment of Urban Corps student intzrns tc thP Agency, we do hereby agree to the following termb and conditions: 1. The Urban G�rps shall have the right to approve or reject requests�for interns submitted by this Agency upon forn�s provided for that par^,�ose by the Urban Corps. 2. Th� Agency will accept a student as an intern by complEting and signir,� the Assignment section of the student's Urban Corps applicati��n form. 3. The Agency shall utilize such students as may be assignztl to it in ac- cord,,�nce with�the specifications set forth in its written z�equest to the Urban Corps, and shall immediately notify the Urban Corps �f any ch�e in nature of assignment, duties, supervisor or work locati�n. 4. The Agency shall provide such students as maY be assigned tc, it with a safe place to work and with responsible supervision. 5. The Urban Corps shall have the right to insp�ct the wvrk being perforn�.d, by such students as may be assi�ed to the Agency, and shall have t,he right to interview such students and their supervisors. 6. The. Urban Corps shall have the right to require such �tudents a� may �x assigned to the Agency to attend such general or special meetir�gs, or to appear at the Urban Corps office, individually or as a group, as shall be necessary for the proper furictions of the pragram. 7. In accordance with the requireanents of Federal and State law, work performed by such students as may be aesigned to the Agency shall: a. Be in the public interest; _- • b. Not result in the displacement of employed workers or imgair existir,g contracts for services; c. Not involve the construction, operation or mainten,ance of so much of any facility as is used, or is to be used, for �ectarian instruction or as a place �f religious worship; d. Not involve any partisan cr nonpartisan political activity as- sociat.�d with a candidate, or contending faction ar group, in an elcction for a puUlic or F�-ty office. 13B 8. The Agency shall require such students as may be asai.8ned to it t,o submit ti.me reports and follow such other procedures as maY be e�tablished by the UrUan Corps. 9. The Urban Corps shall have the right to remove any student as�igr�ed to the A�ency from said assign�ent and from the Agency at any tirnP for any reason without prior notice, and the Urban CorpE shall not be obligated to replace said student. 10. The Agency shall have the right to remove any student assigned t,o �aid Agency at any ti.me with prior notice eiven to the student and the Urbar� Corpb. 11. The Agency warrants that it is in compliance with the proviwions of tY�e Civil Rights Act of 1964 (P. L. 83-352, 78 Stat. 252 ), and Mir�nesot,a St�t,utes Sec,tion 131.59 and Minneapolis Code of Ordinance, Chapt,Er 139 and 141, wr►ere applicable. ' 12. The Agency shall indemnify, prc�tect and hold harmless the [Trban G�rps fr��m all claims, causes or actions which may result from the ass�ents of students to the Agency or because of the acts or omissions of the st,ac;er.t� . 13. The Agency shall obtain at its own Axpense Worker's C�mpensation ir�surar:c� (or shall be self-insured under State L�w) for such stud�nts �s rr,dy t� assi.gned to it under this Agreement. Fcr the purposes of thz Agreement the Aaency shall be deemed the studerit"s employer and that no empl� �yrr,�nt relationship exists between the student and Urban Corps, and, further, thar, iio employment relationship exists between the Agency and Urbari Corps. 14. The Agzncy shall pay to the Urban Corps 40� or other pereentagz fi�urE a, �greed upon by identifyinB the percent�ge fi8ure on thE student'� Url-axn Corps application form of the gross compensation earned by suc2-i studer�ts• assigned and acc�pted by the Agency under a Federal or State progr�r,. i71P Urban Corps will bill the Agency, in accordance with bi-wc-ekly pa:,ir�ll' periods, for its proper share of the compen�ation of such students a� mav have been assigried to the ABency and perfornied work durin8 said peric�. Student hourly rates are set forth in Section 14(a) and 14(b) of thi� Agreement. a. Hourly compensation for students will be set at minimum rat,e� of $� . 75 per hour for entering freshmen throuBh receipt of a Bachelor's degree, and $6.75 per haur for graduate students; other agreed uPon hourly compensation rates not to be below the specified rates in 14(a); or other rates for Urban Corps student interns as established by the City of Minneapolis, through a salary ordinance replacing current minimum rates, b. A graduate student is deiined for purposes of this ABreement as one who has received a B.A., B.S., or equivalent degree or is enro11�3 in the fift�h year of a five year program. 15. At the election of the Agency, the Urban Corps shall place students to intern under a Stipend progr�m. This option raill be specificd in thE As�igrunent Form which the intern's Agency supervisor must siBn btf��re c�xnmencement of the internship. The Stipend rate which the Agency shall �y the Urban Corps is $3(1.00 per week for each w�ek the studen+ works. 16. At the Election of the Agency, the Urban Cc�rps shall place intern� for whom the Agency will pay the intern"s tatal compensation pl� an additional ten percent (10%} for administrative co�ts. This option will be specified in tY:e Assi�iment Form which the intern's AgencY supervisor must sign before co�arnencement of the internship. Ag'encY rates for said option are set forth in Section 16(a) and 16(b) of this ABreement. a. Agency rates for students will be set at minimum rates of $6.33 per hour for entering freshmen through receipt of a Bachelor's Degr�, and $7.43 per hour for graduate students; other agreed upon hourly compensation rates not to be below specified rates in 16(a); or ather rates for Urban Corps student interns as established by the City of Minneapolis throuBh a salary ordinance replacing current minimum rates. b. A graduate student is who has received a B, in the fifth year of defined for purpose� of A., B.S., or equivalent � five y,ear proBram. this Agreement a: one degree or is enrcll��' 13C 17. To comply with P.L. 99-272, the agency shall FaY to the UrUan G�rps, for students receiving an hourly �alary according to the rates �pecifi�l �n �ction 14(a) and 14(b), Section 16(a) and 16(b), an additivna� 1.5i <�r �ther perc..,entaBe figure as agreed upc,n by identifyinS the percenta�e figu:e on the student's Drban Corps application form of the gross ccmpensa�ion earned by such students assigned to and accepted by the aBency after Apz�ii 1, 1986. 18. Performance under this contract shall c�mmence on July 1, 1989 and terminatr on June 30, 1990 unless amended in writine as mutually agreed upon by b��'h the Agency and the Urban Corps; however, either pa,rtY �Y ��a� kF�rj sixty (60) days written notice. Based upon the statements and affirroations made by the ABency through tl�e atx�ve document, the Urban CorPs hereby aBrees to the assignment of students to sai� Agency, in accordance with said document and the applicable laws and reBulation.�. CITY OF MINNEAPOLIS BY Mayor ATTEST: City Clerk ,�• 1iYY��. � ►i�l�� City Fir�ance Offi�er Approved as to Le�ality: Minneapolis Assistant City Attorney AGENCY The Cit��f Fridlev Agency Name 6431 Universitv Avenue N.E. Address Fridlev, MN __ 55432 Clty Stat� Zip G_�d� BY Title Mayor BY Title City Manager A1'TEST : 0 � 13D . ►./ • I C�It�I�� .' N.•�. � • : - � ` STATE OF MINN ) )� OpUNTY OF ANOKA ) � t�his 6 t h d�y of J u n e , 19 8 9, before me appeared William J. Nee � William W. Burns to me personally known, who being by me duly sworn did say that t�hey are respectively �e Mavor and City Manaaer of the City of Fridley , the corporation described in and who executed the foregoir�g instzument; that the seal affixed to the foregoing in�trument is the oorporate seal of said corporation; t,hat said instnament was executed in beh.alf of aaid oorporation by suthority of its Board.of Directors; and said William J. Nee �d William W. Burns acl�aowledge said inatnament to be the free act and deed of said corporation. Notary Public 1LEM0 TO: �ILI,IAM *. FROM: wILLIA1rI C. i,� IIRNS , C Y �►aER � n HIINT Z8T711�1'P TO TSB CITY 1[!►IdAGER BIIBJ$CT: �IODZFICATION OF l�UBT$R CONTRl�CT RliGS Rl�iT$ FOR liAINTENANCE I CL�BSIFICI►TION, INTBRNATZONAL ONION OF OPERATZNG $NGINEERB, LOCl�L l9 (AFL—CIO) Dl1TE : 1sAY 3 0, 19 8 9 On September 26, 1988, the Fridley City Council passed resolutions authorizing, among other things, 1989 wage rates for public works maintenance personnel in the Local 49 bargaining unit. These rates were established in conformity with a memorandum dated Auqust 31, 1988 from Jerry Splinter, Chairman, MAMA-49 Joint Cities Negotiatinq Committee. As understood at that time, employees in the Maintenance I classification would receive a 1.5$ increase in hourly rate plus a 2.0$ lump sum payment. It turns out that this understanding was not correct. Althouqh the 1.5� increase in hourly rate plus a 2.0� lwnp sum applies to the Maintenance II and III classifications, it appears that the original intent of the negotiated agreement was to give the Maintenance I classification a straight 3.5� increase in the hourly rate and no lump sum. What this would involve is a change in the rate of pay of employees in the Maintenance I classification from a starting rate of $9.16 per hour plus a 2.0� lump sum based on reqularly scheduled hours only to a starting rate of $9.34 per hour for all hours paid including leave time and overtime. For employees in the Maintenance I classification who have been employed for eighteen months or more the hourly rate would be changed from $9.41 plus a 2.0� lump sum to a straight $9.60; and for employees in the Maintenance I classification who have been employed for thirty months or more the hourly rate would be changed from $9.83 plus a 2.0� lump sum to a straight $10.03. All of this would have to be calculated retroactively to January 1, 1989. We estimate that the five (5) employees in the Maintenance I classification will work a total of about 1,013 hours of overtime during 1989 for an additional cost to the city of approximately $340.00. In addition it will raise the gross salary base for future neqotiations by about $2,000.00 The attached resolution would rectify the situation, and I request that you present it to the Fridley City Council for consideration at their meeting on June 5, 1989. WCH/jb r� RESOI�TTION NO. -1989 RESOLUTION AUTHORIZING MODIFICATION OF LABOR AGREEMENT FOR CERTAIN EMPIAYEES REPRESENTED BY THE INTERNATIONAL IINION OF OPERATING ENGINEERS, LOCAL NO. 49 (AFL-CIO) FOR 1987-1989 WHEREAS, by virtue of Resolution No. 85-1988 the Fridley City Council authorized the signing of a Master Labor Agreement with the International Union of Operating Engineers, Local 49 (AFL-CIO) relating to wages and working conditions of certain employees of the Public Works Department of the City of Fridley; and WHEREAS, by virtue of Resolution No. 86-1988 the Fridley City Council authorized certain lump sum payments in addition to the above mentioned aqreement; and WHEREAS, by virtue of Resolution No. 117-1988 the Fridley City Council authorized additional pay rates within the Maintenance I classification for public works maintenance employees for aalendar year 1989; and WHEREAS, representatives of the Metropolitan Area Management Association have agreed with representatives of the International Union of Operating Engineers, Local No. 49 (AFL-CIO) reqarding certain modifications of the 1987-1989 Master Labor Agreement clarifying the intent for compensation of employees in the Maintenance I classification for calendar year 1989; and WHEREAS, these modifications are contained in the attached "APPENDIX A, WAGES;" NOW, THEREFORE, BE IT RESOLVED by the City of Fridley that the attached "APPENDIX A, WAGES" be substituted for the corresponding "APPENDIX A, WAGES" contained in the Master Labor Agreement approved by the Fridley City CounciZ in Resolution No. 85 - 1988, adopted September 26, 1988. , BE IT FURTHER RESOLVED that the City Manager be authorized to adjust the wages to be paid to employees in the Maintenance I classification retroactive to January l, 1989, in accordance with the provisions of said "APPENDIX A, WAGES." 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 14A " ` 14B tlletropolitan Area �lcancagement Ar�ociation '!�: FRCM: of the Twin City Area April 10, 1989 M� �' I• !!�'A ' � II �' ' •.•A �� ►� •�+• • � i�c�1� i_� • �. w ��. B1dlI'12 Brooklyn denter �+oaklyn Park �ville Circle Pines Qol�nnbia Heic�ts Gbttage Gi�+we t�ystal F]d�n Prairie �dina �Yidley Golden Valley �� Mint�etorilca MauxLs View New Fiope Oa)4dale Riciifield itdabinsdale Roseville St. Attti�otzy St. I�:i.s Fark �Y Jerry Splinter, �aixman, �,49 Joir�t Cities Negatiatirg Oaunittse ar,d Broo�clyn oer�ter city Marlagex SIJBT�CT: I�SZ�t �TII2ACr � RATE �2 l�Il�irFI�NC'E I�2 1989 Tn the Mano�rar�d�nn sent to yau dated August 31, 1988, I irr.ltYled a oo�y of APPFND�C A, � for yvur City's Master Agreaoent with Incal No. 49. 'Ihis APPIIdDDC A st�u�red that the 1987 wage rate of $8.72 per hwr far the jab classificatiaai MfAIl�Ti'II�I�iNC� I was to be raised to $8.85 - 9.03 per haur for 1988 based az the irrciivic�uals city's oo�arable w�rth �icleratiorLS ar�d to $8.98 - 9.16 per hair for 1989. After a rnmiber of di.sw.ssions with Local No. 49 with regard to the app�+oQriate wage rate stnLCt,vre for the l�,Il�TI�NCE I wa�e rate far 1988 aryd 1989 ar�d oociverr.�atiorLS with indi.vichial CitY Manac�ts /19�ainistrat.ors aove.red by the �-Local No. 49 Master Agreanertt, I reoamneryd that you aooept and 2r�opt the encicsed modified APPII�D�t A, i�,GFS far ya.-r Agra��. This new APPFNL�T�X A, �+IlgG�. a�3; �ies t2� aqree�ertt to provi,de that the begir�in4 wage rate for M�iIl�TI'kI�TC� I j ob classification can be between $8.98 - 9.34 per haur far 1989 deper�ent cri the individuals city's vonpa,rable worth �aticn sys�tem. If yau have any qu�stia� oci this d�anqe, Plea.se call eith�er me or Cy 9nyt2�e- vc: Tim R. Oo�v�ers ' Walter I. Niel.sen C. F. S�nyti�e 14C ..� .. �. �� A-l. Z!� follc�wiryg wage sciyedule will be in effect frna the fixst payroll period in 1987 t2irax� the last paymll period in 1987: M4�II1I'II�NCE ITI .............. . . .... .. $ ]2.60 per hour Z�INI�NC� IT ...................... ].2.10 per hour 1rfi4aTI�I�F�1NC� I ........... ........... 8.72 pex' ha�' A-2. Zhe fol2awir�g wac�e schede�le will be in effect fraa the fi.rst payroll period in 1988 thrax� the last payroll periad in 1988: M�iI'II�NCE III ...................... $ 12.79 per' ho�ur ii�1e��i��aY�[-Y��1 ��L • � � � � � � � � � � � � � � 1 � � � � � • � � �v �LY •iVYL 1N�Il�I�1dCE I ...................... 8.85�9.03* per hour *'II�e ac4sal wage rate will be betweer► $8.85 arid 9.03 per i�asr ba.sed � individual City oa�azable w�rth vocLSideratior�s. A-3. �e follvwir�g w-age sdiedule will be in effect fran the first payroll period in 1989 th�x� the last payroll pexiod in 1989: NQ�IIdI7GN�iNCE III .. . . .... . ....... ...... $ ].2.98 per i�aur N4�IIdI�NCE II ...................... 12.46 pex' h�a1r r�I'F3��fI+ICE I ...................... 8.98-9.34* per hout' *'It�e actual wage zate will be be�tween $8.98 and 9.34 per haur based an indivic�ual City oomparable werth vatsicieratiat�s. B. All riew e�layees hired after Febniazy 7, 1984 may be classified at tiye sole de.scret.ion of �e irydividual cities owered by this AC�2� as MIAIl�I'�3�T(� I and reaeive Working Out of Classification PaY as P�vided b'Y Sectian C of this APF�FND�t. C. W�JG QTr OF C[ASSIFICATI�1 PAY C�l. EaQ1cY�aes required bY tl'1e F2�'lDYII2 aT�d who 3re ad7�4� by the II�IAYF�2 to be qualified to cyperate the follawing ita� of equipment will be pa.id tiye M�iII�NCE III rate of pay for t2iose hours assigned to the unit: t��Y �P�t items are tt� as listed in the I�CAL ADO�IJ�I to this N�1.SI�2 ACR�. ) -19- � 14D tYletropoliton Area mana9ement Af�ociation �rii io, l9s�f the Twin City Area Z�D: Tim R. O�xs Walter I Nielsen Area Busines.s Representatives Il�TI�L I�TIa[d OF OPII2A�IldG IIJGIl� IOCAL 49 FRCM: Gerald G. S'pliritrer Cl�aixman I�I�POLITAN ARFA �1�Nr AS90CIATICI[J - I.U.O.E. IrJCAL 49 Ei�►RGAII�ING 0�1+I�Il� SUSTDGT: Ywr April 4, 1989 letter I have reviewad the substanoe of your letter arxi reply as folZc�ws: We have held a rnaober of disca�.ssioa�s with regard to the 1989 wage rate for the I ja�b class- ification in the � IACal No. 49 Master Agrea�ent. Zl�e wage zates far calander yeazs 1988 ar�d 1989 in the � I�ocal No. 49 Master Aqracnne.tit Were establis�e[i as a�lt of an agreanent by yovr Unioci and the � gr�aap tfl a I�IAZ�Odt' S PROP06�AL made by Mediator lyuizay S. Pc�xxy arid encic�ed with an August 4, 1988 le�tter (oq�y enclosed) . Zt�at PRfJP06AL prwided for a 1.5$ iricrea,,se in the k�as�e rate arid a 2� 1� stun payment for calarrler 1989. Du�'it�3 �seq�nt mae�i�s betw�en myself � z�Pre��tir�g I�, at�d yaur Unicn, we dis�,vs��ed applyirg an itx�+ea.se of 3.5$ rather than 1/5$ to th�e 1988 b�a.se rate far the :�'ir.tenance I 3ob classificatioai €er �? a.*r� � ? �89 vwer+ed by the Mast�er Ag�t �f in an individual city the application of a 3.5� increase was ar�siste.rYt with that city's a�parable wnrth vaq�er�sati� p�ogram. A000�rdir�gly, I aaa sendir�g to all of the cities vovered by the Master Aqreement far 1988, the enclosed letter. I ass�rme that this Ie�tter will resolve the oonoerns which yau have expresSed awer the last few m�orxtl�s with z�eg�d to the Mairitenarioe I s�rac�e late in the Ma.stex Aqre�nt far 1989. If you have additioa�al questians atx�/ar vonoeYns with th�e Mastex Ag�sit, please let me l��ow. oc: � Master Agreemeiit Cities C. F. S�nythe . _-- . R��acoF�an�ar.o� s��cEs �:.�:�•.., •,�:��.•..,:.� August 4, 1988 Mr• Tim Connors and Mr. Walter Nielsen Area Business Repzesentatives Znternational Onioa of Operating Enqineers, Local No. 49 2829 Anthony Lane South i�inneapolis, Minnesota 55418 Neqotiating Com�ittee Members 14E EXHIBIT NO. 1 � XH RE: Znternational Onion of Operating Engineers, Local No. 49 - and - -�-� - •T , i�I�A��i�A:•�•---- .._�..:,�-...�...-:., _ .... • � .-�a : +r.�.t_ .._.�r.r•.�.�.,.� .. o �-.:...�ci. BMS Case No. 88-pN-715 Gentlemen: After four neqotiation meetinqs with both parties present, and also several meetings `+here only one or the other representatives were involved, it is this Mediator's opinion that the parties are at impasse, therefoze, I am presenting a Mediator's proposal that requires a compromise on bot,h sides. I asa reluctant to try and impose npon t2ie parties an aqreement that was not reached at the barqaininq table. I feel that the fol►lowinq Mediator's prop��a1 is the on� that wauld have been reached if the parties had contfnned on in the negotiation process. It is extremely impertant that both parties understand that this $"r:ediator's Proposal"�and not one that was presented by either party. Therefore, if either party rejects this proposal it will withdrawn. Sincer�ely, � ?,C(..�Ziict� S . P�,,L Murra � y S. Perry. Mediator MSP:jj Enclosure .«1��• . ._� ;:�,; :•...�;. � .��w•. �u:.• .: ; - . . :��,i. �r� ::iu.. _ _ 1:� I.r4dl�•�v•r::::�i.^. I tt:i+i.e... �-�... . is be . WAGES Effeetive: MEDIATOR'S PROPOSAL January 1, 198g 3.5$ as follows: 1.58 to be applied to the base salary. 28 in cash, gayable through August, 1988 as soon after ratification as possible. The rest of the 1988 cash payment to be made December 15, 1988. 14F The employees identified as Maintenance Class I presently being paid �8.72 per hour, are to have the entire 3.5$ applied to their sala�'y base until the salary reaches 110$ of the pay line. .:.«...._s. .�....�W.�.-:�t...r,.�..R.a...,�_ r-..�s•...-a�+e+�•..ss.� r.Q -, �. .�..�.�.0 - �° Effec�i`�v�e.- January 1, 1989 3.5$ increase as follows: 1.58 to be applied to the base salary. 2$ in cash payable. April 15, 1989 for March, and April. A � all hours worked in January, February, ugust 15, 198 , for all hours worked in May, June, July, and August. December 15, 198l19 October, November, INSORANCE: for all hours worked in September, and December. The EMpypyER �„iill contribute toward group Health and Life insurance, an amount equal to the average paid other employees in each respective municipality, with a minimum of one hundred eighty-five dollars (;185.00) per month. � 0 � Englneermg Sewer water 'Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager PW89-117 FROM: John G. Flora, Public Works Director Mark A. Winson, Asst. Public Works Director DATE: May 30, 1989 BIIBJECT: Change Order #1 for Water, Sanitary Sewer And Storm Sewer Project No. 188 (Northco Drive) Change Order No. 1 for Water, Sanitary Sewer and Storm Sewer Project No. 188 is submitted for consideration by the City Council at their June 5 meeting in the amount of $12,788.40. Item 1 Trench Stabilization Rock is necessitated due to unanticipated ground water conditions found during the sewer line installation. Items 2 and 3 are necessary items that were included in the plans but omitted in the bid documents. Recommend the City Council approve Change Order No. 1 to the Water, Sanitary Sewer and Storm Sewer Project No. 188 for $12,788.40. JGF/MAW/ts Attachments , ., - ' �5 � CIII(OF FRIDI�,If 15A _ CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNZVERSITY AVE., N.E. FRIDLEY, I�1 55432 June 5, 1989 Volk Sewer & Water, Inc. , 8909 Bass Creek Court Brooklyn Park, Mn 55428 SUHJECT: Change Order No. 1 for Water, Sanitary Sewer & Storm Sewer Project No. 188 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for Water, Sanitary Sewer & Storm Sewer Project No. 188 by adding the following work: Addition: 1. 2. TEM Trench Stabilization Rock Remove and Replace B-6-18 Curb & Gutter APPROX. QUANTITY 1, 000 TOT�S 100 L.F. PRICE $10.79 T. $10.00 L.F. OUNT $10,790.00 $ 1,000.00 - 3. Install insulation over sanitary sewer line 512 S.F. $1.95 S.F. S 998.40 TOTAL ADDITIONS . . . . . . . . . . . . $12.788.40 �OTAL CHANGE ORDERS: Original Contract amount. . . . . . . . . . . .$ 196,094.10 Contract Additions - Change Order No. 1. ... 12.788.40 REVISED CONTRACT AMOUNT S 208.882.50 Submitted and approved by John G. Flora, Public Works Director, on the 5th . �� G. Flora, P.E. rector of Public Works 15B Volk Sewer & Water, Inc. Page Two - Change Order No. 1 Approved and accepted this � k� day of , 1989, by VOL1C SEWER i� 11l1TER, INC. �'1� ' " ! � an � Volk, President Approved and accepted this day of , 1989, by CITY OF FRIDLEY � William J. Nee, Mayor William W. Burns, City Manager Engineenng Sewer Water Parks Streets Maintena�ce MEMORANDUM 11' � TO: William W. Burns, City Manager �^� PW89-114 FROM: John G. Flora, Public Works Director Mark A. Winson, Asst. Public Works Director /�� DATE: May 30, 1989 SIIB�7ECT: Landscaping Contract for the Fridley Plaza Parking Ramp Bids will be opened on June 1, 1989, for the Landscaping Contract for the Fridley Plaza Parking Ramp. Please reserve an agenda item for receiving bids and awarding the contract for this project at the June 5, 1989, meeting, so this project can be completed in a timely manner. The results of the bid opening and a recommendation for award will be presented at the meeting. JGF/MAW/ts 16 � � FitlM..t.Y Eng�neer�ng Sewer Wa1er Parks Streets Maintenance MEMORANDUM i� ' TO: William W. Burns, City Manager� �� PW89-115 FROM: John G. Flara, Public Works Director ,� 1 Mark A. Winson, Asst. Public Works Director �y%t✓ DATE: May 30, 1989 Bv&7ECT: Asphalt Repair Contract for the Fridley Plaza Parking Ramp Bids will be opened on June 1, 1989, for the Asphalt Repair Contract for the Fridley Plaza Parking Ramp. Please reserve an agenda item for receiving bids and awarding the contract for this project at the June 5, 1989, meeting, so this project can be completed in a timely manner. The results of the bid opening and a recommendation for award will be presented at the meeting. JGF/MAW/ts 17 • �� 'Enq�neer��y Sewer Water Parks Streets - Ma�Me�ance MEMORANDUM /�•� , TO: William W. Burns, City Manager�!' PW89-116 FROM: John G. Flora, Public Works Director Mark A. Winson, Asst. Public Works Director �� DATE: May 30, 1989 SIISJECT: Exterior Signage Contract for the Fridley Plaza Parking Ramp Bids will be opened on June 1, 1989, for the Exterior Signage Contract for the Fridley Plaza Parking Ramp. Please reserve an agenda item for receiving bids and awarding th� contract for this project at the June 5, 1989, meeting, so this project can be completed in a timely manner. The results of the bid opening and a recommendation for award will be presented at the meeting. JGF/MAW/ts � / a t�.�ir DATE: TO: FROM: SUBJECT: Englneering Sewer Water Parks Streets Maintenance MEMORANDUM � June 2, 1989 � � . � William Burns, City Manager �• John F1ora,�Public Works Director Five Year Capital Improvement Program As a result of the May 22, 1989 City Council conference meeting regarding the five year capital improvement program, we have modified and changed the booklet to include the suggested changes: The Springbrook picnic shelter was moved from 1992 to 1990 to coincide with the addition of the parking area in the Springbrook Nature Center. For funding purposes, the lighting of two parks was moved from 1990 to 1992. The optical disc requirement for the Municipal Center was moved from 1991 to 1993. The Riverview Terrace upgrade consisting of storm water and street improvements was relocated from 1991 to the outyears in the other category. Meadowland Park storm water improvement was added to the other category and identified as a future requirement. The five year books have been updated to include these changes. Based upon the comments of the City Council, we have prepared the attached resolution regarding the five year capital improvement program. Recommend that City Council approve resolution accepting the five year capital improvement program 1990 - 1994. 3FJdn �J � F�DLEY RESOLIITION NO. - 1989 RESOLIITION APPROVING THE CITY OF FRIDLEY 5- YEAR CAPITAL IMPROVEMENT PROGRAM 1990 - 1994 WHEREAB, there is a nesd to identify improvement proj ects to be completed by the City; and WHEREAB, these projects should be accomplished within projected fund programs; and WHEREAB, these projects provide a planning concept for development, scheduling and funding; and WHEREAB, this program will be updated annually and projects added, deleted or amended within a 5-year schedule. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the 5-year Capital Improvement Program 1990 - 1994 is approved. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF JIINE, 1989. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 19A 20 CITY OF FRIDLEY CHARTER COMMI88ION MEETING, APRIL 2�, 1989 ----------------------------------------------------------------- CALL TO ORDER• Chairperson Hamernik called the April 24, 1989, Charter Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Ed Hamernik, Donald Betzold, Geraldine Schei, Walt Starwalt, Gregg Hebeisen, Bruce Nelson, Diane Savage, Donald Mittelstadt, Francis van Dan Members Absent: Margaret Hendley, Robert Minton, LeRoy Oquist, Orville Carlson, Ralph Stouffer Others Present: Bill Hunt, Assistant to the City Manager APPROVAL OF MARCH 27 1989 CHARTER COMMISSION MINUTES: MOTION by Mr. van Dan, seconded by Mr. Starwalt, to approve the Apri� 24, 1989, Charter Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HAMERNIR DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF AGENDA: MOTION by Ms. Savage, seconded by Mr. Nelson, to approve the agenda as written. IIPON A VOICE VOTE, liLL VOTING AYE, CHAIRPERSON HAMERNIK DECLARED THE MOTION CARRIED �NANIMOIISLY. 1. PROGRESS REPORT ON AMENDMENT TO SECTION 4.06. NOMINATIONS 8� PETITION: Mr. Hunt stated the City Council approved this amendment on the second reading; and if there is no objection from anyone within 60 days, it will become a part of the Charter. . 2. PROGRESS REPORT ON PETITION TO SUBMIT ORDINANCE NO. 919-1989 A�NDING SECTIONS 2 03 4 02 AND 4 03 OF THE FRIDLEY CIT� CHARTER TO THE ELECTORATE: � 20A CHARTER COMMISSION MEETING, APRIL 24, 1989 - PAGE 2 MOTION by Mr. Nelson, seconded by Ms. Savage, to receive the letter from Mayor Nee dated April 20, 1989, regarding the petition. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HAMERNIR DBCLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Hunt stated as described in Mayor Nee's letter, basically the petitioners have until Thursday, April 27, to rectify the petition and submit additional signatures. Ms. Haapala will review those signatures and will make a report at the City Council meeting on May 1 as to whether or not the signatures are sufficient. If the signatures are sufficient, then it is up to the Council. The Council can call an election in 60 days or it can defer it to a general election. The suggestion has been made to put it on the September ballot to save money and share a better voter turnout. The City Council also could, in fact, reject the whole thing and send the matter back to the Charter Commission. Mr. Betzold stated M.S. 410.12, Subd. 7, states: "...the ordinance shall not become effective until it is approved by the voters... except that the Council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance." Mr. Betzold stated the City Council could vote to rescind their position; then independently, the Charter Commission could do what it could have done in the first place and that was to send the amendment change to the voters. Mr. Betzold stated he wanted to raise a question for the minutes. He stated he noticed that Margaret Hendley was one of the circulators oF the petition. He would like to know if Ms. Hendley was opposed to the amendment she voted for while chairing the Commission. Mr. Nelson stated he could not speak for Ms. Hendley, but as individual citizens, they have the right to change their minds at any time. Mr. Betzold stated he would certainly like to know what caused Ms. Hendley to change her mind. She chaired the Commission for two years and then was a circulator of a petition that essentially repudiates the work she headed on the Commission. It sends a bad signal to the community that the Commission does not know what it is doing. Mr. van Dan stated he was also one of the circulators of the petition. He stated they should praise Ms. Hendley for bowing to the overwhelminq majority of the Commission members, layinq aside her personal feelinqs that the amendment should be arrived at by CHARTER COMMISSION MEETING, APRIL 24. 1989 - PAGE 3 the voters, which is the democratic principle. As chair, she decided she would not oppose it and represented the Charter Commission's position to the City Council and League of Women Voters meetings. Mr. Nelson stated Cliff Ash, a former Chairperson of the Commission, shared this same opinion. As chair of the Commission, he did not vocalize his opinions, because he did not want to influence the discussions of the Commission. Ms. Hendley did the same thing, and he felt it was a very appropriate and commendable behavior on the part of the chairperson. Mr. Betzold stated if the chairperson does not agree with something, it behooved him/her to abstain from voting. He hoped Chairperson Hamernik would feel free to speak his mind whenever he does not agree with something the Commission is discussing. Mr. Hebeisen stated it is one thing to be a circulator of the petition to get the amendment on the ballot for the voters, and it is another thing to be totally opposed to the amendment. Maybe Ms. Hendley is not opposed to the amendment but wants to see it on the ballot for the voters to make the decision. Mr. Betzold stated that is why he would like to know Ms, Hendley's rationale for circulating the petition. Is she is in favor of the petition itself and the amendment in order to send it to the voters, or is she now opposed to the amendment? He stated that as far as putting the amendment on the ballot, the Charter Comnaission had the opportunity to do that, and it did not. Mr. van Dan stated he was grateful that he had the wonderful chance to talk to quite a few of the people of Fridley. Some of the people who siqned the petition said they were for the Charter amendment, but on the democratic principle, regardless of their personal feelings, they wanted to abide by the will of the majority of the Fridley freeholders. Mr. Betzold asked Mr. van Dan how he phrased his position to the people of Fridley in obtaining signatures. The people in the Black Forest Condominiums said Mr. van Dan told them the City Council is trying to lengthen their terms of office. Mr. van Dan stated he did not say that. He told the people that the Council or the Charter Commission or both were tryinq to pramote more people qoing to the polls. In order to achieve that, they wanted to arrange it so people will vote coincidental with the presidential elections. There were two choices: either drop the office term to 2 years or lengthen it to 4 years. Mr. Betzold stated that according to people he has talked to, Mr. van Dan did not present the petition in that way. �' 1 : zoc CHARTER COMMISSION MEETING, !►PRIL 24. 1989 - PAGE 4 Mr. van Dan stated that is what he said. If people misunderstood him, then he could not help that. Mr. Betzold stated that if there is an election on these amendments, what role should the Charter Commission play? Since the Charter Commission knows more about this issue than anyone else because it put a lot of time and study ir►to this, shouldn't the Commission take an active role? Maybe the Commission could put together some information on this issue that could be mailed to the public. Mr. Nelson stated the only role the Charter Commission should present is the pras and cons of the amendment as discussed by the Commission and make that information available to the public. Beyond that, it is up to the individual members to either support the amendment or take whatever they wish on their own. Mr. van Dan stated the Charter Commission can submit a proposed Charter change to the Council. Since this is the route the Commission chose to go in this case, then it is out of the hands of the Charter Commission and it is up to the Council to rescind its own adoption of the ordinance amendment or submit it to the voters. So, the Charter Commission is out of the picture unless the City Council sends the issue back to the Charter Commission. Then the Charter Commission could proceed whatever way it wishes. On the other hand, if the Charter Commission had not gone to the Council but directly to the electorate, it could have provided an informational package. Ms. Savage stated she did not agree with Mr. van Dan. If the amendment goes to the voters, then certainly the Charter Commission could give the public information about it since the Commission spent a lot of time working on it. Mr. Betzold stated he would like the Charter Commission to be involved in the process by putting together information that can go in the City newsletter to the residents. Mr. Starwalt stated he did not agree. It is the Charter Commission's position to make a recommendation directly to the Council but not to the public. Mr. Hunt stated that when the Charter was first developed, the Charter Commission was appointed. In most cities where a Charter is set up for ratification by the people, it is usually the Charter Commission that promotes the Charter it developed. He did not see anything wronq nor did he think there was anything in the law to prevent the Charter Commission from promoting the proposal they made to the Council and the reasons for doinq so. It is certainly 20D CHARTER COMMISSION MEETINa. �PRIL 24, 1989 - PAGE_5 up to the Charter Commission to determine what stance they want to take in the face of an election. Mr. van Dan stated the Charter Commission is statutorily independent from other commissions, but independence works both ways. The Commission cannot prevail on the Council to provide the means to publish an informational packet, but the Commission can (and it is incumbent upon this Commission if there is a majority opinion in a decision) issue such informational material. In the State Statute there are provisions for per diem for Commission members and other expenses to be borne. So, the Commission cannot go to the Council and ask the Council to publish something on the Commission's behalf, but the Commission can do it independently. However, he doubted if the Commission would do that. Mr. Starwalt stated he hoped the Commission did not. Mr. Mittelstadt stated City Councils in the past have invited commissions to sit in body at public hearings to address the public and answer questions on issues that the commissions are knowledgeable about. The City Council, in fact, could invite the Charter Commission to do that. Ms. Savage suggested the Commission members wait until the next meeting so they know what the Council has decided to do. 3. CONSIDERATION OF BY-LAW CHANGES: Mr. Hunt stated the Commission members did not have any by-law changes in a written form the Commission members can consider at this time. They only have the concept of the by-law changes from the By-Laws Committee report. Mr. Betzold stated By-Law #9 states that the by-laws can be amended at any regular meeting, provided the amendment has been submitted in writing to the Commission members at least two weeks before the meetinq. OTION by Mr. Betzold, seconded by Mr. Mittelstadt, to table discussion on the by-law chanqes until amendment(s) have been received in written form by the Commission members at least two weeks prior to a meeting. IIPON !� VOIC$ VOTB, l�LL VOTINa AYE, C$AIRPER80N B$TSOLD DECLPiRED THB MOTION CARRISD IINANIMOIIBLY. 4. CONSIDERATION OF ITEMS FOR FUTURE DISCUSSION: Mr. Iiamernik stated that there was an item brought up about one year ago regardinq the clause in Chapter 7, Section 7.02, Power of Taxation. There is potentially a conflict with what the City 20E CHARTER COMMI88ION MEETING, �PRIL 24. 1989 - PAGE 6 Council could be doing or miqht have to do, but it hinges on what action is taken by the State Legislature. Mr. Hunt stated it is premature to have any discussion on this until after the close of the Legislature. More information miqht be available for the September meeting. 5. OTHER BUSINESS: a. Letter from Mr. Terpstra Mr. Hamernik stated the Commission members had received a copy of a letter dated April 13, 1989, from Mr. Terpstra regarding the change in Commission size or membership. O�I TION by Mr. Mittelstadt, seconded by Ms. Savage, to receive the letter into the record. QPON A VOICE VOTE, ALL YOTING AYE, CBAIRPERSON HAMERNIR DECLARED THE MOTION CARRIED IINANZMOIISLY. b. Letter from Mr. Hunt to Judqe Douqlas Mr. Hamernik stated he had received a copy of a letter from Bill Hunt to Judge Douglas regarding consideration of appointments of inembers to the Commissions. The letter basically followed the Commission's request submitting the names of the four members for reappointment to a second term and the names of five people for appointment to a first term. Mr. Hunt stated Mr. Terpstra has written up two orders for the Judge to sign, but he has not received a signed copy back from the Judqe. , MOTION by Mr. van Dan, seconded by Ms. Schei, to receive into the record the letter from Bill Hunt to Judge Douglas dated April 4, 1989. IIPON A VOICB VOT$, IILL VOTINa AYE, CHAIRPER80N HAMERNIE DBCLARED TSE MOTION CARRIBD ONANIMOIIBLY. c. Mr. van Dan Mr. van Dan stated he was reluctant, but he would like to rise on a point of personal privilege. He did not like beinq forced into a corner, and he feels cornered because an insinuation has been made about what he said to people at the Black Forest Condominiums in the process of gathering petition signatures. �v� OlJ � CHARTER COMMISSION MEETINQ, APRIL 24. 1989 - PAGE 7 Mr. van Stated he had with him xeroxed copies of the official petition form he circulated. There is a clause as part of the petition leqally that delineates what the circulator is proposinq to do. The official form he received from the City Clerk's office starts out with a typewritten sentence saying: "Proposing the repeal of an ordinance to (title of ordinance and numberl."� He stated he struck this out in every copy that was circulated and changed it to: "Proposing the submission of an ordinance to a referendum vote of the electorate 'an ordinance amending City Council terms of office #919- 1989"'. Then, followed the names of the circulators and signatures. Mr. van Dan stated there was no misrepresentation of the purpose of the ordinance, and he kept emphasizing to everyone he talked to that this was merely a submission, not a repeal or against the ordinance, but rather the democratic principle that it is constitutionally such a large change and important change between the governed and those who govern that the circulators feel the electorate should make the decision. Mr. van Dan stated they tried to "sweep this under the rug" that this was a bi-partisan group of circulators consisting of Barbara Hughes, DFL; Connie Metcalf, who used to be DFL precinct chair in his precinct in his ward where he is now precinct chair; Ed Kaspszak, DFL; and Gordon Backlund, IR. So, the group was as bi-partisan and as party politics neutral as can be, except maybe for the numbers. Mr. van Dan stated he resented the insinuation that he misrepresented the petition. He did not have to account for this, but it was made to appear as if this was anti- DFL or anti-partisan. Before he started, because he is a party officer and owes something to the party, he checked with the State DFL headquarters to see if this was in conflict with any policy, and he was qiven a free hand. So, it was made to appear that this was a conflict with party policy, but it was not. ��ou�rrr : MOTION by Mr. Mittelstadt, seconded by Mr. Betzold, to adjourn the meeting. vpon a voice vote, ail votinq ape, Chairperaon Hamernik declared the llpril 2�, 1989, Charter Commission adjourned at 8:20 p.n. 20G CHARTER COMMIBSION MBETING. liPRIL 2�. 1989 - PAGE 8 Respectfully subm'tted, �� , :, �.� Lyn Saba Recordinq Secretary 21 • AM A. BQRNS CITY �G$R �� 1dEM0 TO. wILLZ , �. ,�,� �% ��/C��T FROM: RILLIAM C. HIINT, ABSIBTAIdT TO TH$ CIT ItANAGER SIIBJECT: CONCZLIATION 11GREBMENT �ITH TH$ HIIMAN RIaHTB DEP�RTMENT OF THE BTATE OF liINNE80TA DATE: JIINE 1, 1989 On March 9, 1988, Carolyn Dreyer, a part-time liquor store clerk, filed a claim with the Minnesota Department of Human Rights alleging that the City of Fridley had discriminated aqainst her on the grounds of disability. Over the past fifteen months Mr. David Newman has been negotiating with officials from the Iiuman Rights Department and has arrived at the attached Concil�ation Agreement. In essence the agreement makes no admission of discriminatory action on the part of the City and aqrees to pay Ms. Dreyer $1, 289.71 in back wages for the period from January 1, 1987, through June 2, 1989, and to raise her hourly wage rate from $7.07 to $7.96 thereafter. The attached resolution authori2ing you to sign the Conciliation Agreement should be presented to the Frid3ey City Council for consideration at its meeting of June 5, 1989. RESOLUTION N0. - 1989 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCILIATION AGREEMENT WITH THE HUMAN RIGHTS DEPARTMENT OF THE STATE OF MINNESOTA IN THE MATTER OF CAROLYN DREYER WHEREAS, Carolyn Dreyer, an employee of the City of Fridley, has filed a complaint with the Minnesota Department of Iiuman Rights alleging certain discriminatory practices against her on the part of the City of Fridley; and WHEREAS, the City of Fridley, while not admitting any act of discrimination or any violation of Minnesota Statutes, has in qood faith entered into conciliation in the matter of the above mentioned complaint under the auspices of the Minnesota Human Rights Department; and WHEREAS, all parties concerned have aqreed upon the attached Conciliation Aqreement; Now, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, that William W. Burns, City Manager, is authorized to execute the attached Conciliation Agreement on behalf of the City of Fridley. PASSED AND ADOPTED BY THE CITY DAY OF , 19$9. ATTEST: COUNCIL OF THE CITY OF FRIDLEY THIS SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 21A � � cmroF . F'RlDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E.. FRIDLEY, MINNESOTA 55432 • PHONE (6121 571-3450 May 26, 1989 The Honorable William J. Nee Mayor of Fridley 6431 University Avenue, N.E. Fridley, NIIJ 55432 Dear Mayor Nee: At the May 22, 1989, meeting of the Fridley Charter Commission which I chaired in the absence of Ed Hamernik the following motion was unanimously approved by the ten members present: MOTION by Mr. Betzold, seconded by Mr. Rusch, to ask the City Council to reschedule the referendum election from July 18, 1989, to the general election on November 7, 1989. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON HEBEISEN DECLP,RED THE MOTION CARRIED UNANIMOUSLY. In accordance with this motion I request that you place consideration of the Charter Commission's request on the agenda of the June 5, 1989, meeting of the Fridley City Council. Thank you very much for your consideration of this matter. Sincerely, , �� i � , �.L�-a,.ti /� . C • ,�� Gregg Hebeisen, D.C. Vice Chairperson Fridley Charter Commission Cc: Councilmembers Members of the Charter Commission 0 zz �3 — —1 I FOR CONCURRENCE BY THE CITY COUNCIL June 5, 1989 Type of License: , By: AUCTIONEERS « C.H. Wilson Clair H.Wilson Box 55 St.Bonifacius, Mn. 55375 BILLIARDS Asia Billiards Yong Woo Kim 6440 University Ave.��.E. Fridley, Mn. 55432 Twin Cities Teen Club Walter Beard 7952 University Ave.�J.E. Fridley, Mn. 55432 CIGARETTES � Fridley Food P1kt. Kevin Holman 8154 E. River Rd. Fri d 1 ey, P1n. 55432 Midwest Print N�I/Griswold 5101 Industrail Blvd. Fridley, Mn. 55432 SuperAmerica #4175 Same 5667 University Ave.N.E. Fridley, Mn. 55432 Swings Spurette John Swingdorf 6485 E. River Rd. Fridley, Mn. 55432 � Target Stores Jill. M. Hall 755 - 53rd Ave.�J.E. Fridley, Mn. 55432 University Sinc]air Michael R. Johnson 6071 University Ave.N.E. Fridley, Mn. 55432 Unocal 7b Self Serve Unocal 5695 Hackmann Ave. Fri dl ey, P4n. 55432 ENTERTAINMEP�T Twin Cities Teen Club Walter Beard 7952 University Ave.�I.E. Fridley, Mn. 55432 Approved By: LICENSES Fees• James P. Hil] Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Publ i;. Safety :)i r�c�:.�r :la-.i�s ° 'li � 1 Puuiic Sar"eiy Uirector James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director James P. HiIT Public Safety Director James P. Hill Public Safety Director $20.00 $80.00 �40.00 $12.00 �22.00 �12.00 �12.00 $12.00 $12.00 $12.Q0 �85.00 FOR CONCURRENCE BY THE CITY COUNCIL June 5, 1989 FOOD ESTABLISHMENT Fridley Food Mkt. 8154 E. River Rd. Fridley, Mn. 55432 SuperAmerica , 5667 University Ave.N.E. , Fridley, Mn. 55432 Swings Spurette 6485 E. River Rd. Fridley, Mn. 55432 Target Stores 755 - 53rd Ave. P�.E. Fridley, P�n. 55432 Twin Cities Teen Club 7952 University Ave.P�.E. Fridley, Mn. 55432 University Sinclair 6071 University Ave.�d.E. Fridley, Mn. 55432 Unocal 76 Self Serve 5695 Hackmann Ave. Fridley, ��n. 55432 PRIVATE GAS PU�1P Lampert Bldg Center 7600 Hi ghway 65 PJ. E. Fridley, Mn. 55432 TEMPORARY FOOD PERPQIT Fridley Hockey Boosters 5922 Hackr�am Ave. N.E. Fridley, Mn. 55432 RETAIL GASOLINE SuperAmerica #4175 5667 U►iiversity Ave.f�.E. Fridley, Mn. 55432 Swings Spurette 6485 E. River Rd. Fridley, Mn. 55432 Kevin Holman Same John Swingdorf Jill M. Hall Walter Beard Michael R. Johnson Unocal Lampert Lumber Co. Thersa Sherry Same John Swingdorf I�ICENBEB Richard Larson Fire Inspector Richard Larson Fire Inspector �� $45.00 $45.00 $45.00 $45.00 $45. 00 $45.00 $45.00 $45.00 $45.00 $60.00 $60.00 � __ _ FOR CONCURRENCE BY THE CITY COUNCIL FRl�LEY 8LACICTOPPING Fairfax Asphalt Inc. 21832 Sugar Lane Rogers, 1�1 55374 By: John Pfaff $LECTRICAL Me12as Electric 17065 Xylite Street N.E. Ham Lake, l�I 55304 R& O Elevator Co. Inc. 8324 Pillsbury Avenue South Bloomington, NIId 55420 GAS SERVICES Air Comfort Inc. 3944 Louisiana Circle Minneapolis, 1�II�1 55426 By: Robert Mellas By: Lee Arnold By: Donal Ruden Air Conditioning Associates Inc. 689 Pierce Butler Route St. Paul, 1rIIJ 55104 By: John Matthews Bergman Heating & Air Cond. Co. 8286 Monroe Street Spring Lake Park, 1�1 55432 By: Bryan Bergman Flare Heating & A/C of Golden Valley, Inc. 9303 Plymouth Avenue, Suite 104 Golden Valley, 1�1 55427 By: Richard Guerre Midland Building Services, Inc. 2401 Pilot Knob Road Mendota Heights, I�i 55120 By: Richard Loughrey GENERAL CONTRACTOR ABC Pools, Etc. Route #3,Box 294-D Isanti, l�T 55040 Arfco Exteriors Znc. 3180 New Brighton Road Arden Hills, I�T 55112 Beitler Building Systems 2751 Mississippi Street NW New Brighton, IrIIJ 55112 By: Bud Olson By: Gary Arfstrom By: Joseph Beitler 24C LICENSEB DARREL CLARK Chief Sldg Ofcl STATE OF MINN Same WILLIAM SANDIN Plbg Htg Insp Same Same Same Same DARREL CLARK Ct�ief Bldg Ofcl � Same Same C & H Siding & Remodeling 2066 Pheasant Lane Cambridge, 1rIId 55008 Coronado Stone 1634 Hiqhway #10 Spring Lake Park, 1�I 55434 Covenant Construction Co. 7904 - 73rd Avenue North Brooklyn Park, I�t 55428 Hardwood Construction 6438 North Shore Trail Forest Lake, I+IId 55025 Todd Johnson Construction 7549 Imperial Drive Brooklyn Park, l�t 55443 By: Mike Hockert By: Ardeen Brever By: Russ Hengen By: David Mattson By: Todd Johnson Kraus-Anderson Construction Co. 525 South Eighth Street Minneapolis, I�1 55404 By: Janice Goebel Merchant's Maintenance 12020 Radisson Road N.E. Blaine, NIId 55434 Pacific Pools 6922 -55th Street Oakdale, MN 55109 $EATING Air Comfort Inc. 3944 Louisiana Circle Minneapolis, NIId 55426 By: Bruce Bogie By: Bill Dornseif By: Donal Ruden Air Conditioning Associates Inc. 689 Pierce Butler Route St. Pau1,MN 55104 By: John Matthews Airco Heating & Air Cond. 4014 Central Avenue N.E. Columbia Heiqhts, MN 55421 By: George Rogstad Berqman Heating & Air Cond. Co. 8286 Monroe Street Spring Lake Park, I�I 55432 By: Bryan Bergman Construction Mechanical Services 1307 Sylvan Street St. Paul, 1�IId 55117 By: Jerry Elert 24D Same Same Same Same Same Same Same Same WILISAM SANDIN Plbg Htg Insp Same Same � Same Same Flare Heatinq & A/C of Golden Valley, Inc. 9303 Plymouth Avenue, �104 Golden Valley, 1rII+1 55427 By: Richard Guerre Hillman Plumbinq & Heating Inc. RR�3, Box 152 Sioux Falls, SD 57106 By: Robert Hillman Midland Building Services, Inc. 2401 Pilot Knob Road Mendota Heights, IrII1 55120 By: Richard Loughrey PLIIMBING A-Aarons Plumbing Box 340 Minneapolis, 1�T 55331 Bredahl Plumbing 7 916 - 7 3 rd Avenue North Brooklyn Park, l�+IId 55428 By: Dave Hughes By: Larry Bredahl Gilbert Mechanical Contractors, Inc. 3012 Clinton Avenue South Minneapolis, 1rII1 55408 By: P. Dan Gilbert Hillman Plumbing & Heating, Inc. RR#3, Box 152 Sioux Falls, SD 57106 By: Robert Hillman Key Plumbing & Heating, Inc. 11915 Brockton Avenue North Osseo, 1�IIJ 55369 Peebles Plumbing 7334 - 107th Lane CLear Lake, 1rIIJ 55319 ROOFING Richard Hastings Roofing 6331 Riverview Terrace N.E. Fridley, IrIId 55432 F & G Siding 1390 - 7th Street NW, �5 New Brighton, 1�IIJ 55112 Niznik Construction 203 Main Street N.E. Minneapolis, I�1 55413 Superior Roofing Co. 2717 East 32nd Street Minneapolis, I�I 55406 By: David Farr By: Jack Peebles By: Richard Hastings By: Kurt Frank By: David Niznik By: James Bienick 24E Same Same Same STATE OF MINN Same Same Same Same Same DARREL CLARK Chief Bldg Ofcl Same Same Same SZGN BRECTOR Leroy Signs Inc. 6325 Welcome Avenue North Minneapolis, I�1 55429 By: Thomas Duffy 24F DARREL CLARK Qzief Bldg Ofcl � � FOR CONCURRENCE BY THE CITY COUNCIL ESTIMATES Herrick and Newman 6401 University Avenue N. E. Suite 205 Fridley, l�T 55432 For services rendered as City Attorney For the month of May 1989. . . . . . . . . . . . $ 3,909.00 Smith, Juster, Feikema, Malmon & Haskvitz 1000 IDS Center 80 South Eighth Street Minneapolis, MN 55402 For services rendered for City Prosecutor For the month of January 1989 ...... $ 8,325.00 For the month of February 1989. . . . . . . . . $ 8,430.00 Gunderson Brothers 2325 Snelling Avenue Minneapolis, MN 55404 1989 Miscellaneous Concrete Curb, Gutter & Sidewalk Project Estimate No. 1 . . . . . . . . . . . . . . . . . $10, 881.49 Howard Needles Tammen & Bergendoff (HNTB) 6700 France Avenue South, Suite 260 Minneapolis, MN 55435 Water Distribution System Study Project No. 191 Estimate No. 1 . . . . . . . . . . . $7,543.83 • . . . . . C.S. McCrossan, Inc. P.O. Box 1240 Maple Grove, l�T 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 12. . . . . . $33,626.27 . . . . . . . . . . . Volk Sewer & Water, Inc. 8909 Bass Creek Court Brooklyn Park, MN 55428 Water, Sanitary Sewer & Storm Sewer Project No. 188 Estimate No. 2 . . . . . . . . . . . . . . . . . $43, 781. 39