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07/10/1989 - 5395� wi�i� w. suRxs CITY MANAGER COUNCIL MEETIiJG J[TLY 10, 1989 , i , , � _ : � un� FRIDLEY CITY COIINCIL MEETING F�D1 ATTENDENCE SHEET MONDAY July 10 , 1989 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ` ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER �� r � . L� �� al�� - � � z�s � � o � � _.sd � �e� -�� ---. � ' ��„ _ ��r � �l�t.n �i� �� . �1 � P �'I �/ Y�O�L� �' 1 �Ol�l S - �u ' , CITY COUNCIL MEETING. JULY 10. 1989 Consideration of a Special Use Permit, SP #89-09, 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., by Phillips 66 . . . . . . . . . . . . . . . . . 2 - 2 R X� �,�"r✓ ,�� i � �G � � Consideration of Second Reading of an Ordinance Providing for Transfer of Title of the Fridley Plaza Parking Ramp Land ..... 3 New Business: / (� ' A / t/ PAGE 2 Receiving the Minutes of the Planning Commission Meeting of June 21, 1989 ....... 4- 4 EEEE A. anc� Consideration of a Special Use Permit, SP #89-10, to Allow Exterior Storage of Materials and Equipment on Outlot 1, Block 1, Fridley Industrial Park Plat 1, Anoka County, Minnesota, together with the North Half of the Southeast Quarter of Section 11, Township 30, Range 24, Anoka County, Minnesota; Excepting the West 675 Feet Thereof; Including that Portion of Able Street Vacated or to be Vacated Included in Said North Half of the Southeast Quarter, Generally Located at 1090 73rd Avenue N.E., by Target Stores, Inc . .............. 4-4C, & 4P-4X � ! �� / CITY COUNCIL MEETING, JULY 10, 1989 A-1. Consideration of a Resolution Approving a Final 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, Together with the North •Half of the Southeast Quarter of Section 11, Township'30, Range 24, Anoka County, Minnesota; Excepting the West 675 Feet Thereof; Including that Portion of Able Street Vacated or to be Vacated Included in said North Half of the Southeast Quarter, Generally Located at 1090 73rd Avenue N.E., by Target Stores, Inc. ...........4Y-4II � � � / � �� ' B. Consideration of Setting a Public Hearing on Rezoning, ZOA #89-03, to Rezone Lot 2, Auditor's Subdivision No. 89 from M-1, Light Industrial and R-3, General Multiple Dwelling, to C-2, General Business, Generally Located at 7197 Highway 65 N.E., by Ted Haines ....................... 4C-4G, & 4JJ-4SS C. T �� Consideration of a Request to Modify M-1, Light Industrial District, to Allow Churches ................... 44G-4L, ' & 4TT-4000 �[A�/ � {j � � � � PAGE 3 CITY COUNCIL MEETING. JULY 10, 1989 NEW BIISINESS (CONTINIIED): D. Consideration of a Resolution Authorizing Agreements Between the City of Fridley and Recipients of 1989-90 Federal CDBG Funds for Human Services Organizations ........... 4L-4M, & 4PPP-4EEEE � 1\ \ 6) �� / V" U �p n V , Item from the Minutes of the Appeals Commission Meeting of June 13, 1989: 0 0 . . . . . . 5 - 5 R A. Consideration of a Variance, VAR #89-10, to Reduce the Rear Yard Setback from 34 Feet to 18 Feet to Allow the Expansion of an Existing Garage on Lot 1, Block 2, Sylvan Hills Plat 4, the Same Being 288 Mercury Drive N.E., by Duane Jorgenson ... 5-5J � �n� � � �i r� � B. Consideration of a Variance, VAR #89-09, to Reduce the Rear Yard Setback from 29.8 Feet to 7 Feet to Allow the Expansion of an Existing Garage on Lot 12, Block 4, Brookview Terrace 2nd Addition, the Same Being 999 Overton Drive N.E., by Robert and Donna Tomczak ......... 5K-5R 0 T �1 � / � � �^ � � 0 AP GE 4 � CITY COUNCIL MEETING, JULY 10, 1989 NEW BIISINESS (CONTINIIED): Consideration of an Extension of Variance Approval for Twin City Federal, VAR #88-09, 5205 Central Avenue NE . . . . . . . . . 6 - 6 H � / � Z'� Receiving Petition No. 10-1989 from Dahl & Associates, Inc. to Install Monitoring Well on City Property Near Jet Station, 7600 Univers ity Avenue N . E . . . . . . . . . . . . . . 7 - 7 H / � �/ � Consideration of Change Order No. 6 for Street Improvement Project No. ST. 1988 - 1 & 2 . . . . . . . . . . . . . . . . . . . . 8 - 8 C 6� _ , �j � �� z� Receiving Bids and Awarding Landscaping Project for the Municipal Center and Ramp . . . . . . . . . . . . . . . . . . . . . . 9 : � �•� � � / 0 PAGE 5 CITY COUNCIL MEETING, JULY 10, 1989 Receiving Bids and Awarding_Signage Project for the Municipal Center and Ramp . . . . . . . . . . . `'. . . . . . . . . . . 10 � 1 � � � , Consideration of a Resolution to Advertise for Bids for the Municipal Center Mechanically Assisted Central File System . . . . . . . . . . . . . . . . . . . 11 1 � � � ��w � 0 AP GE 6 Consideration of a Resolution Authorizing Amendment of a Joint Powers Agreement to Form a Coalition of Metropolitan Communities to Provide for a Change in Name . . . . . . . . . . . . . . . . . . . . . 12 - 12 F � � / � Co�sideration of First Reading of an Ordinance Recodifying the Fridley City �pde by Adding Chapter 513: Regulation of Skateboards, Rollerskis, Ro�lerskates, and Rollerblades . . . . . . . . . 13 - 13 F • �� "d �,}! � � �" `� �" � '� , CITY COUNCIL MEETING, JULY 10, 1989 NEW BUSINESB (CONTINIIED�s Consideration of a Resolution Authorizing an Increase in Compensation for the City � Manager . . . . . . . . . . . . . . . . . . . . . 14 �� _ �' . � � � �l� . / Appointment . . . . . . . . . . . . . . . . . . . 15 1 �� , Claims . . . . . . . . . . . . . . . . . . . . . 16 I �' � PAGE 7 Licenses . . . . . . . . . . . . . . . . . . . . 17 - 17 D I f �� / �1 Estimates . . . . . . . . . . . . . . . . . . . . 18 �" G �� , -� / � � Adjourn: : Y 0 0 ! � � � � � - : �-: , � : � - ; k � x�; � - ' _ _ �a s i �:-', .� . ::r�. � THE l[I�iQ'rE8 O!' T88 FZtIDLSY CITY CAiJ�iGIL MEBTI� t�F .. JIILY 10, i989 ' / THE MINIITES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF JIINE 19. 1989 The Regular Meeting of the Fridley City Council was called to order at 7:37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: PRESENTATIONS• Mayor Nee, Councilman Fitzpatrick None Councilwoman Jorgenson, Schneider, Councilman and Councilman Billings CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING• Mr. Pribyl, Finance Director, introduced Mr. Dan Faust, President of the Minnesota Government Finance Officers Association, who presented the Certificate of Achievement for Excellence in Financial Reporting to the City of Fridley. Mr. Faust stated this certificate is the highest form of achievement in governmental accounting and financial reporting and its attainment represents a significant accomplishment by the staff and Council. AWARD OF FINANCIAL REPORTING ACHIEVEMENT: Mr. Faust presented an Award of Financial Reporting Achievement to Julie Burt, Assistant Finance Director. He stated this award is presented to individuals who have been instrumental in their government unit achieving a Certificate of Achievement for Excellence in Financial Reporting. Mayor Nee and memb�ers of the Council extended their congratulations to Julie Burt on receiving this award. Mr. Pribyl stated this is the eighth consecutive year the City has received the Certificate and, hopefully, many more will be received in the vears to come. FRZDL$Y CITY COtJNCIL ME$TiNQ OF JIINE 19, 1989 Pace 2 APPROVAL OF MINUTES: COUNCIL MEETING, JUNE 5. 1989: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The following items were added to the agenda: (25) Consideration of Change Order No. 1 to the Sears Contract for Appliances for the Municipal Center and (26) Receiving a Letter from Kerry Van Fleet, Fridley Chamber of Commerce, Commending City Staff for their work during the 49er Celebration. MOTION by Councilman Fitzpatrick to adopt the agenda with the above additions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4PEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING: 1. CONSIDERATION OF A FINAL PLAT. P.S. #89-01. SULLIVAN'S QVERLOOK, BEING A REPLAT OF PROPERTY GENERALLY LOCATED AT 1161 �'iEGIS LANE N.E., BY DAN SULLIVAN• MOTION by Councilman Schneider 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 7:44 p.m. Ms. Dacy, Planning Coordinator, stated it is a request to split the lot at 1161 Regis Lane. She stated the westerly lot contains a home and the easterly lot is the site where a new home will be constructed. Ms. Dacy stated the Planning Commission recommended approval of the preliminary plat subject to two stipulations which she outlined as follows: (1) there shall be no grading below the 952 foot elevation contour on the northeast corner of Lot 2 and (2) the access to Lot 2 shall be toward the westerly side of the lot and shall be hard-surfaced. F�IDLBY CiTY COONCIL MEBTINa OF JIINE 19, 1989 Paae 3 Mr. Sullivan stated he had no problems with the first stipulation, but felt it was unnecessary to insist the garage be on the west side of this lot. Ms. Dacy stated the Commission was concerned about traffic safety. She stated there is a rise in elevation which continues to the intersection and it was felt, with the driveway on the west, it would be easier to see vehicles approaching. Mr. Sullivan stated this is a school zone area so traffic should be moving at reduced speeds. Councilwoman Jorgenson stated there is some difficulty in exiting the driveway of North Park School and seeing traffic coming on Regis Lane. She stated she tends to agree that if the driveway was on the west side, it would make for an easier egress. Mr. Sullivan stated he hated to be locked in to where the driveway is located. Mayor Nee stated it did not seem there is that large a volume of traffic in the area. No other persons spoke regarding this proposed plat. MOTION by Councilman Schneider 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 7:51 p.m. OLD BUSINESS• 2. ORDINANCE NO 925 APPROVING A VACATION REOUEST, SAV #89-02, TO VACATE THE 30 FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ON IATS 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 waive the reading and adopt Ordinance No. 925 on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 3. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF ' JUNE 7, 1989: A. CONSIDERATION OF A LOT SPLIT L.S. �89-03 BY MAR-LEN DEVELOPMENT CORPORATION: TO SPLIT OFF THE EASTERLY 230 FEET OF LOT 1 BIACK 1 MAR-LEN ADDITION TO CREATE TWO SEPARATE LOTS GENERALLY IACATED AT 81ST AVENUE N E., AND HICKORY STREET N.E. FRIDLEY CITY COIINCIL MEETING OF JDNE 19. 1989 Paqe 4 AND �ESOLUTION NO 51-1989 APPROVING A LOT SPLIT L.S #89-03 BY MAR-LEN DEVELOPMENT CORPORATION: Ms. Dacy, Planning Coordinator, stated this property is located east of Hickory Street and narth of the intersection of Hickory Street and 81st Avenue. She stated the petitioner is proposing to split the parcel into two lots. Ms. Dacy stated the reason the petitioner is proposing a north/south lot line is because the Hickory Street right-of-way now contains a drainage ditch. She stated a 20 foot driveway to be shared between the two parcels was originally proposed. Ms. Dacy stated the Planning Commission recommended revising the survey to provide street frontaqe for Parcel B. She stated the petitioner, therefore, created a 60 foot "flag lot" to parcel B from Parcel A and reserved a 15 foot driveway easement over Parcel A. She stated the petitioner has submitted a new survey as shown in the Council's agenda packet. Ms. Dacy stated stipulation No. 1 to provide a 25 foot driveway easement is no longer necessary with this new street arrangement. She stated it has been determined that the petitioner has paid the park fees and this should not be part of the stipulations. Ms. Dacy stated staff is recommending approval of the lot split with the following stipulations: (i) a maintenance agreement concerning general upkeep and snow removal for the private driveway shall be recorded against both Parcel A and Parcel B prior to issuance of a building permit on either parcel; (2) a grading plan with stormwater calculations shall be submitted and approved by staff prior to building permit issuance; and (3) a 60 foot public right-of-way shall be created and a public road constructed should future subdivision occur. She stated staff is recommending an additional sentence be added to stipulation No. 3 to read as follows: nThe property owners of Parcel A and B shall be responsible for costs associated with road construction including installation, operation and maintenance of the drainage system." Mr. Vanasse, the stipulations, but stipulation No. 3. property owners are for it. petitioner, stated he was aware of the not entirely sure of what has been added to He stated since it is a public utility and normally assessed, he could not see the reason Mr. Flora, Public Works Director, stated there was concern that if a-road was constructed in the future between Hickory and Main Streets, drainage improvements would be necessary. He stated staff felt it�was essential that the groperties that develop there bear the cost of the road and any drainage improvements. Mr. Vanasse felt this was standard procedure through the assessment process. FRIDLEY CITY COIINCIL l�E$TINa OF JIINB 19. 1989 Pace 5 Mr. Herrick, City Attorney, stated if a street is constructed, it would be handled in the normal assessment manner and would include any storm sewer improvements. He felt, therefore, this sentence is probably not necessary. Councilman Billings stated he can see staff's position that if a road was constructed in the future, it would benefit the Mar-Len Addition, therefore, they should bear the cost. He stated it also opens the door for speculation as the City does not know what the adjacent property owners may do in the future. Mr. Herrick stated it seems like a lot of speculation and did not know if there is any indication of a road being constructed. Mr. Vanasse stated he did not contemplate any need for a road. Mr. Flora stated the sentence could be deleted as long as the property owner knows that if they petition for a road, the drainage system must be dealt with on a case-by-case basis. Mr. Herrick felt this could be handled in a letter of transmittal to the petitioner and kept on file. He stated normally a public drainage system is maintained by the City and not private land owners. MOTION by Councilman Billings to adopt Resolution No. 51-1989 with the stipulations attached as Exhibit A. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF A SPECIAL USE PERMIT, SP #89-09. TO ALLOW COMMERCIAL RETAIL WITH A MOTOR FUEL STATION/CAR WASH. ON TRACT A REGISTERED LAND SURVEY NO. 78, THE SAME BEING 7925 UNIVERSITY AVENUE N E. BY PHILLIPS 66 COMPANY: Ms. Dacy, Planning Coordinator, stated this parcel is located in the southeast corner of 73rd and University Avenues. She stated the parcel is zoned M-2, heavy industrial and surrounding zoning is M-2 to the south and east, C-2 across University Avenue and to the northwest, and R-1 and R-2 to the north. Ms. Dacy stated the request for the special use permit is to allow 400 square feet of convenience retail in conjunction with an automotive service station. She stated a special use permit is naeded for commercial activities in an industrial zone. Ms. Dacy stated the M-2 district establishes six performance standards to evaluate commercial retail uses in the M-2 districts, which she outlined, and as noted in the staff report to the Council. She stated in regard to the square footaqe, which cannot exceed 30 percent of the building's total floor area, the total FRiDL$Y CiTY COIINCiL M88TINQ OF JIINS 19, 1989 Pace 6 area of the gas pump island and service building is approximately 5,940 square feet and the proposed retail area is 400 square feet or 14 percent of the total equare footaqe. Ms. Dacy stated five parking spaces are required and the site plan indicates six parking spaces. Ms. Dacy stated the intent, as far as signage, is to limit it to wall mounted signs. She stated no wall siqnage is proposed for the convenience retail use, but signaqe proposed on the canopy and a free standing pylon sign for the automotive use. She stated these proposed signs need to meet the requirements of the ordinance and would require some revision. Ms. Dacy stated the traffic attributable to the convenience retail is less than the traffic generated by the permitted use of the automotive service station. She stated staff's analysis is that those using the service station will use the convenience store in the same trip. Ms. Dacy stated as far as this use being compatible with the area, she stated the site plan needs to be revised to meet the 100 foot setback from the property line and changes are necessary to the landscaping plan to provide more screening and more native species of trees. Ms. Dacy stated as far as the standard that the building owner and/or agent shall be responsible for informing any prospective tenant that the property is zoned for industrial use, the standard is not applicable to this case. Ms. Dacy stated the Planning Commission by a 4-2 vote recommended approval of this special use permit with seven stipulations. She stated staff would also recommend approval with stipulations found on pages 4F and 4G of the agenda. Ms. Dacy stated regarding wetland area is less than is not necessary. the Planning Commission raised a question designations. She stated because the wetland four acres, an Army Corps of Engineering permit MOTION by Councilman Billings to receive the letter and comments from Northco Corporation. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Gary Gandrud, attorney for Phillips 66 Company, introduced Arlen Allison from the Real Estate Division of Phillips, who presented the proposal for Phillips 66. _ Mr. Allison stated there was a lengthy and complete presentation at the Planning Commission meeting regarding this application for FRiDLBY CiTY COIINCIL l�BETiNQ OF JIINE 19. 1989 Pace 7 the special use permit. He stated Phillips 66 is proposing the construction of a service station at 73rd and University Avenues. He distributed a brochure entitled "First Impressions" to give the Council an idea of the type of station they would be constructing. He stated there would be a center island monitor with pump dispensers on either side and a car wash is normally located behind the service station. He stated the station would be company owned and operated. Mr. Allison presented a site plan showing what they proposed for this 2.39 acre parcel and a video of a similar station in Burnsville. Mr. Allison stated the proposed access is from 73rd Avenue and on the frontaqe road. He stated the area to the south will remain as it is now. Mr. Allison stated the retail portion is an accessory nature, but an essential part of the sales. He stated this would be different than any store which may have been operated by independent owners in the Fridley area. He stated another indication this is an accessory use is the amount of retail sales compared to the total volume. Mr. Allison stated staff has indicated criteria for approval of the special use permit and the floor area is at 14 percent which is only half of the required standard. Councilman Billings stated the Council has received the Planning Commission minutes and is aware of all the code and ordinance requirements. Mr. Allison stated they would be in compliance with the parking and signage requirements and the traffic generated will not be impacted by the retail sales operation. He stated a 100 foot setback would be maintained from the north side of the 73rd Avenue service road, as opposed to the north side of the property line of the proposed site. Mr. Allison stated in their original proposal, they applied for a special use permit for the car wash and maintains it is a potential permitted use as a possible accessory use. Mr. Allison requested the Council consider this request for the special use permit to operate the commercial retail sales in an industrial building as he felt they meet all the requirements. Mayor Nee stated if there is disagreement on the 100 foot setback, he questioned how this would affect the site plan. Mr. Allison stated it would necessitate removal of more trees to the south. �RIDLEY CITY COIINCIL MEETINa OF J� 19. 2989 Pace 8 Mr. A1 Quam, 399 73rd Avenue, stated he was present to voice his objection to this development. He stated a neighborhood meeting was held and the opinion was unanimous by the neiqhborhood that they were opposed to this proposal. Mr. Quam submitted a petition containing several pages of signatures from property owners who were opposed. MOTION by Councilman Billings to receive Petition No. 9-1989 in opposition to this development. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Quam stated this type of operation will be open 24 hours with high traffic volumes. He felt the location of a gas station on this parcel would adversely affect property values, safety, and access to the neighboring residential area. He urged the representatives of Phillips 66 to take these petitions to heart and act accordingly. Mr. Tony Schreiner, 7372 Symphony Street, stated his home is one block north of this site. He stated his major concern is the traffic pattern and volume. He stated the primary outlet for the Melody Manor traffic is the north side of 73rd Avenue. He stated right now it is very difficult to get out, especially if you want to go east on 73rd. He did not feel the location of this gas station would help the situation at all. He stated there is the real potential of motorists making U-turns in order to proceed north to University Avenue. He stated he would disagree with staff that there would not be a traffic problem. Mr. Mark Richgels stated he operates the car wash on the northeast corner of 73rd and University. He stated between I-694 and Northtown, there are eight gas stations, three of which are open 24 hours, so there is a considerable amount of availability for this type of facility. Mr. Herrick, City Attorney, stated there are various factors the Council must take into consideration regarding special use permits. He stated the Council does not have complete control on how a person develops his property. He stated the City has a Zoning Code and if the property owners propose a use that is consistent with this code and meet the other building criteria, they are entitled to develop their property for a permitted use. He stated one of the permitted uses for this M-2 property is for an automotive service station and it is his opinion they would be entitled to a permit for the station. Mr. Herrick stated regarding the retail sale of qroceries and other similar products, there is a provision in the M-2 zone that would permit this type of sales provided certain conditions are met and the Council issues a special use permit. He stated for denial of a special use permit it must be demonstrated that the issuance of � 0 FRIDLEY CITY COIINCIL MEETINa OF JIINE 19. 1989 Pace 9 the permit for retail sales would have a detrimental affect on the neighborhood and the City. Mr. Herrick stated the issue on whether Phillips 66 could construct a car wash in the M-2 zone, he has rendered an opinion that he does not feel they would be entitled to build a car wash either with or without a special use permit. Councilman Billings stated for the record he would like it known that a real estate representative of the Soo Line Railroad called him several weeks ago about his position. He stated he indicated to her that the Iiousing and Redevelopment Authority and the City is in the process of acquiring certain present and former gas station sites in the City to remove them and create better use of the property. He stated it might be reasonable to assume that he is not pro-gas station. He stated he did not want the City to become a gasoline alley. He stated there are now approximately eight gas stations between I-694 and Northtown. Councilman Billings stated at the same time, it has to be emphasized he has a duty to respond to the City codes and ordinances and will not and cannot act in an arbitrary and capricious manner. He stated at the same time, he will r►ot do anything to go out of his way to issue a variance, special use permit, or anything else that is not specifically required by the City ordinances. Councilman Billings stated he has a number of questions relative to this issue which he is not sure the staff and City Attorney can address this evening. He stated he was Chairman of the Planning Commission when the specific amendment to the M-1, M-2 and M-3 zoning districts took place authorizing accessory uses for the sale of certain products. He stated in approving these amendments, the Planning Commission was responding to areas where there is a large industrial development and it was felt accessory uses were needed, such as a catering service or small restaurant, to serve workers in these industrial areas. Councilman Billings stated the intent of the ordinance was not to have a 400 square foot operation that is different than the main use which is only 750 square feet. He stated he did not feel the square footage of the canopy should be considered in determining the size of the building. Councilman Billings stated at the Planning Commission meeting, there was comment that the service station/gas station industry is changing in scope. He stated a service station is no longer a place where you take your car to be serviced. He stated this station will not include a service bay and would like to know if the City's definition of a service station is antiquated. He stated, in his mind, this is not a service station, but a gas station and felt there was a difference. He stated he would like Y � �RIDL$Y CITY COIINCIL ME$TINa OF JIINB 19. 1989 Paqe 10 staff to research the other gas stations/service stations in the City and advise how many have car washes and are located in commercial and industrial zones. Councilman Billings asked the Phillips 66 representatives if they received a copy of his memo to staff regarding the service road and if they have taken this into consideration. Mr. Gandrud stated they did receive the memo and have considered it. Councilman Billings stated eince the City is investigating the possibility of whether or not to close the service road, he would like a recommendation from Btaff. He stated he also has questions if the City controls the permits for driveway openings. Mr. Herrick stated in regard to the issues of the setback and if a car wash is a permitted use in the M-2 area, it is his opinion the setback should be measured from the south riqht-of-way of 73rd Avenue. He also stated he did not feel that a car wash is a permitted use in the M-2 area. Mr. Herrick felt the number of service stations in a certain area is not a legitimate reason to deny a request if all other criteria of the codes and ordinances is met. Mayor Nee asked if the size of the canopy should be considered in the square footage. Mr. Herrick stated he did not disagree with staff's interpretation and felt the ordinance does not say one way or the other. He stated it is a matter the Council will have to decide. Mr. Gandrud stated he felt Councilman Billings questions were raised at the Planning Commission meeting and one of the reasons this item was tabled for two weeks was to give consideration to these questions. He stated he did not know what more the staff could do in regard to this special use penait. He stated the letter from the City Attorney states the code lists automotive service stations as a permitted use and convenience stores require a special use permit. He felt some of the questions Councilman Billings raised were policy matters. He felt to study other stations in Fridley and change the definition of gas service stations is well taken, but did not apply to 400 square feet of retail sales which represents 8 percent of gross sales. Mayor Nee asked Mr. Gandrud if they were in agreement with all the stipulations. Mr. Gandrud stated they can easily abide by the 100 foot setback. He stated he would like further discussion with the City Attorney in regard to the car wash through the appeals process. FRiDLEY CITY COIINCIL MEBTING OF JIINE 19. 1989 Paae 11 Councilman Schneider asked Mr. Gandrud if they agree, for tax purposes, the building is really 5,940 square feet. Mr. Gandrud stated they are taxed for the improvements and the canopy is part of the improvement. Councilman Jorgenson stated when the Council revised the Zoning Ordinance, they were looking at the sale of food as being a small portion of a business, and Mr. Gandrud stated it will be 8 percent of the sales. She stated it is not quite how the Council maintained the ordinance would be used. Councilman Billings stated it is apparent that somewhere along the line, the original intent of this amendment was lost. He stated he would like staff to research the Planning Commission and City Council minutes to see exactly what was the legislative intent. He stated it was not his intent to allow such an operation in an industrial zone. Mr. Gandrud stated the ordinance lists six performance standards to evaluate commercial retail uses in industrial districts and it states the floor area should,not exceed 30 percent. He stated they do meet this requirement. Councilman Billings stated there is the question on the size if the building is actually 750 square feet or 5,940 square feet. MOTION by Councilman Billings to table this item to July 10, 1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. ESTABLISH A PUBLIC HEARING FOR THE SALE OF EXCESS PROPERTY AT 1220 52ND AVENUE N.E. FOR JULY 10. 1989: MOTION by Councilman Billings to set the public hearing on this item for July 10, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. ESTABLISH A PUBLIC HEARING FOR A VACATION REQUEST SAV #89- 03 TO VACATE A SIX FOOT AND THE EAST ONE FOOT OF A DRAINAGE AND UTILITY EASEMENT IN CERTAIN TRACTS OF RLS NO. 94 AND IN THE GENA RAE ADDITION FOR JULY 24. 1989: MOTION by Councilwoman Jorgenson to set the hearing on this vacation request for July 24, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �RIDL$Y CITY COIINCIL ME$TINa OF JIINS 19. 1989 Paqe 12 7. CONSIDERATION OF RE UEST BY FRANCES ANDERSON TO RECONSIDER COUNCIL ACTION ON OCTOBER 15. 1979: Ms. Dacy, Planning Coordinator, stated in 1979, Mr. Anderson received Council approval to construct a 30 by 32 foot steel pre- fabricated qarage on the property at 7748 Elm Street. She stated the property is considered non-conforminq because a single family home exists on this property. She stated the construction of this garage was approved with the stipulation that it be removed on the sale of the property or in ten years, whichever came first. She stated the property was also not to be sold for residential habitation with the qarage on the property. Ms. Dacy stated Mr. Anderson is requestinq the Council to reverse their action taken on October 15, 1979 in order that he may sell the property and allow the new owner to live in the home until he could build an industrial buildinq on the property. Mr. Grundhofer, Mr. Anderson's attorney, stated the prospective buyer is here this evening and the whole thrust of the proposal is to facilitate the sale of this property. He stated the prospective buyer, Mr. Grangruth, intends to use the property in a similar manner for a sandblasting business. He requested the Council consider the request and allow the continuation of the use of the garage and residence as an office. Mayor Nee asked if Mr. Grangruth would be residing in the home. Mr. Grundhofer stated he was not clear on Mr. Grangruth's intent, but would like this as an option. Mr. Herrick stated he spoke with Mr. Grundhofer's associate about whether the home would be used for an office or as a residential dwelling. He stated if it was to be used as an office, he felt the code requirements would be met and would recommend the Council approve the request. He stated, however, if the home is used as a residential dwelling, he felt it was contrary to the Council's intent in 1979 and would recommend the request not be approved. Councilman Billings stated his predecessor voted against the Council motion on October 15, 1979. He stated ten years ago, the City had hopes of cleaning up the entire area and non-conforming uses. He stated he did not like the idea of having industry in residential neighborhoods or residences in industrial areas. He stated, however, things have not worked out over the last ten years as the Council had hoped. Councilman Billings stated when Mr. Anderson approached the Council in 1979, he had a verbal aqreement with an insurance company to purchase the property in the near future. He stated, unfortunately, this company located in a neighboring city. He stated this issue was part of the reason Mr. Anderson agreed to FRIDLEY CITY COQPiCIL ME$TINQ OF JDNE 19. 1989 Pace 13 this stipulation. He stated there is another piece of property immediately south that is vacant and for sale and, in terms of long-range goals, it would be beneficial to tie these two toqether and create one industrial site. Mr. Grangruth stated he would use the garage for sandblasting for approximately ten years to give him time to build up his business. Councilman Billings asked his plans for the residential dwelling. Mr. Grangruth stated he probably �ould be livinq in the home. Councilman Billings asked if the building met the setback requirements. Mr. Anderson stated the building on the north is built to a zero lot line and wanted to know if he could build to a zero lot line. Councilman Billings stated the question of whether Mr. Anderson would be able to construct another building with a zero lot line is something that would have to go through the appeals process. Mr. Grundhofer requested the Council consider, as an alternative, an extension for another ten years to allow his client to proceed with the sale. Mayor Nee asked if the house would be removed if a zero lot line was approved. Mr. Grangruth stated he would within the next ten years. Iie stated he first needed to establish his business. Mr. Grundhofer stated it seems the perfect solution would be for the City to purchase both the lots. He stated his client is not able to bear the cost that will be incurred in complying with the Council's action of October, 1979. Mr. Herrick stated the prospective buyer could use the home as an office, but the problem is they want to use the site both for industrial and residential purposes. MOTION by Councilman Billings to concur and reaffirm the Council action taken on October 15, 1979 which stipulated that the garage be removed upon the sale of the property or in ten years from October 15, 1979, whichever came first. Seconded by Councilman Schneider. Councilman Billings stated if he were to see something positive in terms of a purchase option for the adjacent site, he would probably reconsider. He stated at this time, he did not feel it is in the best interests of the City and prospective buyer to act favorably on Mr. Anderson's request. ,$--m- -:: :.-.r-�-4. FRIDLEY CITY COIINCIL KEETING OF JIINE 19. 1989 Pace 14 UPON A VOICE VOTE TAI�N ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes of the Planning Commission meeting of June 7, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS• A recess was called at 9:41 p.m. by Mayor Nee. RECONVENED• Mayor Nee reconvened the meeting at 9:58 p.m. All Council members were present. 8. CONSIDERATION OF FIRST READING OF AN ORDINANCE PROVIDING FOR 'i'RANSFER OF TITLE OF THE FRIDLEY PLAZA PARKING RAMP LAND: AND CONSIDERATION OF AGREEMENT FOR CONSTRUCTION MAINTENANCE AND USE OF FRIDLEY PLAZA RAMP: Mr. Robertson, Community Development Director, stated at the March 6, 1989 meeting of the City Council, it was informally agreed that the City would deed to the HRA the balance of the land upon which the parking ramp is eituated. He stated the City would then reserve a non-exclusive easement for the use of this property. He stated there was also discussion that the City would enter into an agreement with the HRA where the City would have express authorization to use this ramp for public purposes. Mr. Robertson stated in order to accomplish this transfer of title, an ordinance has been prepared. He stated it was found there was an error in the legal description and this has now been corrected. He stated the correct legal description is contained in the ordinance. Mr. Robertson stated in regard to the maintenance of this parking ramp, the HRA has agreed to split both the annual and periodic maintenance costs with the City and this is contained in the agreement. He stated staff recommends the first reading of the ordinance and approval of the maintenance agreement with the HRA. Mr. Herrick, City Attorney, asked if the legal description was the one done by the surveyor, to which Mr. Robertson answered in the affirmative. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman �RIDLEY CITY COIINCIL MEETING OF JIINE 19. 1989 Pace 15 Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to approve the agreement with the Housing and Redevelopment Authority for construction, maintenance, and use of the Fridley Plaza Parking Ramp. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF CHANGE ORDER NO. 9 FOR FRIDLEY MUNICIPAL ��NTF.R TMPR�VEMENT PROJECT NO. 189: MOTION by Councilman Schneider to authorize Change Order No. 9 for the Fridley Municipal Center Improvement Project No. 189 in the amount of $6,733.00. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF CHANGE ORDER NO. 1 FOR STREET IMPROVEMENT �ROJECT NO. ST. 1989 - 1& 2: MOTION by Councilman Schneider to authorize Change Order No. 1 with Gammon Brothers for Street Improvement Project No. ST. 1989 - 1& 2 in the amount of $23,420.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CONSIDERATION OF ADVERTISEMENT FOR BIDS FOR THE EXTERIOR �PATR oF THF 3 MILLION GALLON WATER RESERVOIR: Mr. Flora, Public Works Director, stated AEC Engineers, the City's consultant, has inspected this water reservoir and identified structural repair work inside the tank, as well as necessary roof insulation. He stated this repair is scheduled over a two year period and requested the Council authorize advertisement for bids for the repair work. MOTION by Councilman Fitzpatrick to authorize advertising for bids for the repair of the 3 million gallon reservoir. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. �ONSIDERATION OF ADVERTISEMENT FOR BIDS FOR THE REPAIR OF THE 1-S MILLION GALLON WATER RESERVOIR: Mr. Flora, Public Works Director, stated AEC Engineers, the City�s consultant, inspected this reservoir and due to the leakage of water through the concrete, recommends installation of a vinyl liner. He requested the Council authorize advertisement for bids for this work. FR2DL8Y CiTY COIINCIL MEETiNa OF JIINS 19. 1989 Pace 16 MOTION by Councilman Fitzpatrick to authorize advertising for bids for the repair of the 1.5 million gallon water reservoir. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 13. CONSIDERATION TO REJECT LANDSCAPING AND SIGNAGE �IDS FOR THE FRIDLEY MUNICIPAL CENTER AND TO REVISE SPECIFICATIONS AND REBID WORK: Mr. Flora, Public Works Director, stated staff would recommend the readvertisement for bids. He stated there was some concern about the performance bond and schedules which may have had an adverse impact on the bids which were received. He stated in readvertising, the schedule will be extended and bid specifications sent to more nurseries and sign companies in the area. He stated this information was presented to the HRA and they concurred with rejecting the bids and readvertising. MOTION by Councilwoman Jorgenson to reject the landscaping and signage bids for the Fridley Municipal Center. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to authorize the readvertisement for bids for landscaping and signage for the Fridley Municipal Center. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 14. CONSIDERATION OF PETITION NO 8-1989 FROM DELTA ENVIRONMENTAL CONSULTANTS INC REOUESTING INSTALLATION OF A MONITORING WELL QN CITY OF FRIDLEY PROPERTY: Mr. Flora, Public Works Director, stated Delta Environmental Consultants, Inc. is conducting a qround water monitoring evaluation of the Rapid Oil property at 57th and University Avenues. He stated in their analysis, they propose to install a down stream monitoring well on the south side of 57th Street in the boulevard in front of the Super America station. He stated staff recommends the Council receive the petition to install the monitor well on City property. Mr. Flora recommend the Council also stipulate .that the City be held harmless and be provided copies of the results of their water monitoring evaluation. MOTION by Councilman Schneider to receive Petition No. 8-1989 for Delta Environmental Consultants, Inc. to install a monitoring well on City.property, with the stipulation the City be held harmless and provided with copies of the results of this monitoring. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �RIDL$Y CITY CODNCIL MS$TINQ OF JIINS 19. 1989 Pave 19 23. LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declare the motion carried unanimously. . 24. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Smith, Juster, Feikiema, Malmon & Haskvitz 1000 IDS Center 80 South Eighth Street Minneapolis, NIId 55402 For services rendered for City Prosecutor For the month of March 1989. . . . . . . . . . . $ 8,910.00 For the month of April 1989. . . . . . . . . . . $ 7,785.00 Layne Minnesota 1147 California St. N.E. Minneapolis, NIId 55418 Repair of Well No. 8 FINALESTIMATE . . . . . . . . . . . . . . . . . C.S. McCrossan, Inc. P. O. Box 1240 Maple Grove, I�II+I 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 13 . . . . . . . . . . . . . . . . . J.T. Noonan 3601 48th Ave., N. Brooklyn Center, I�i 55429 Corridor Maintenance Project No. 190 Estimate No. 2 . . . . . . . . . . . . . . . . Volk Sewer & Water, Inc. 8909 Bass Creek Court Br.00klyn Park, rIIJ 55428 $ 9,632.80 $ 15,466.52 $ 4,980.72 Water, Sanitary Sewer & Storm Sewer Project No. 188 Estimate No. 3 . . . . . . . . . . . . . . . . $ 95,140.43 �RIDLEY CITY COIINCIL MEETZNG OF JIINB 19. 1989 _ Pace 20 Civic Center Remodeling Pay Application �9 Invoices through 5-31-89 . . . . . . . . . . . . $370,682.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. C^ucTrFUnmTnu nF [rtiANCF �RDER NO 1 TO THE SEARS CONTRACT FOR APPLIANCES FOR THE MUNICIPAL CENTER: Mr. Flora, Public Works Director, stated this change order is to replace the double oven with a single oven and decreases the contract with Sears for the appliances by $380.00. MOTION by Councilman Schneider to authorize Change Order No. 1 to the appliance contract with Sears by decreasing the contract by $380.00. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 26. RECEIVING LETTER FROM KERRY VAN FLEET. FRIDLEY CHAMBER OF C'OMMERCE COMMENDING CITY STAFF FOR THEIR WORK DURING THE 49ER GELEBRATION• MOTION by Councilman Fitzpatrick to receive this letter from Kerry Van Fleet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �DJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 19, 1989 adjourned at 10:21 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: 0 William J. Nee Mayor i. r �: ,. �� . � �,. ;, TS$ l[INOT$B 0!' TSE lRIDLEY 9p�CIy1L CITY COO�TCIL 1LE�?Ilt�f 4�' �,� ,r �TUl1E Z6� 1989 . �, �: - _ d , .: r� �.�. . � .,.1 � � .... � � �S � �. /II 1 .. � � .. 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Y,« . .. � . �.�. � ' � � � � k �:. � +: I � i 4 i _ f i, � �� . . , i CITY OF FRIDLEY SPECIAL CITY COUNCIL MEETING, JUNE 26, 1989 .._�..��....__��..�_�....��........�_��....�........_........��...._......�..�............_��.._..�� CALL TO ORDER• Mayor Nee called the June 26, 1989 City Council Conference meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Mayor Bill Nee Councilmember Councilmember Councilmember Councilmember None Nancy Jorgenson Dennis Schneider Ed Fitzpatrick Steve Billings Others Present: Bill Burns, City Manager Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Jim Casserly, Casserly, Molzahn and Associates Jerry Best, Attorney for Onan Corporation Karen Arnold, 1400 - 73rd Avenue N.E., Fridley MOTION by Councilmember Schneider, seconded by Councilmember Jorgenson, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR NEE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:35 p.m. 1. PUBLIC HEARING ON THE APPROVAL AND ADOPTION OF THE MODIFIED REDEVELOPMENT PLAN FOR THE HRA'S REDEVELOPMENT PROJECT NO._1: Jock Robertson, Community Development'Director, stat�d that the Onan Corporation is currently investigating an option to develop the southeast 35 acres of it's Fridley complex. It would include both research and development office and warehouse space to accommodate consolidation of all off-site operations. The early cost estimates indicate project would fall into the $20,000,00 -$25,000,000 range. Approximately 80 to 90 new skilled and semi-skilled jobs would be created. Mr. Robertson stated that in order to preserve future options for assisting in this project, the City and the Housing & Redevelopment Authority notified the School District and the County on May 26, 1989 of the intent to hold this hearing and create the district and also published a notice in the official newspaper on June 14, 1989 and June 21, 1989. The SPECIAL CITY COONCIL MEETING, JIINE 26. 1989 PAGE 2 notice stated that the City intended to hold a public hearing to consider expanding the Housing & Redevelopment Authority's development program and establishing a redevelopment tax increment district. Mr. Robertson stated that at the June 8, 1989 Housing & Redevelopment Authority meeting, the members accomplished the following: A. Approved modification of Redevelopment District No. 1 and approved the modified redevelopment plan related thereto; B. Approved modification of Tax Increment Financing Districts 1 through 8; C. Approved and adopted the modified Tax Increment Financing plans relating thereto; D. Approved creation of Tax Increment Financing District No. 9 and approved and adopted the proposed Tax Increment Financing plan relating thereto; E. Recommended that the City Council hold a public hearing and the district be established at the June 26, 1989 City Council meeting. Mr. Casserly gave a brief history of the Fridley continuing master district process since May 15, 1979. He stated that the Tax Increment Financing District No. 9 for Onan Corporation would be a catalyst for a number of long needed improvements in that district area. Mr. Casserly stated that there is no question that the proposed plan and financing plan meets all State legal requirements. He noted that newly proposed State legislation which was included in the vetoed omnibus tax bill would have made the Tax Increment Financing District No. 9 much more difficult to implement. He concluded that it was prudent for the Housing & Redevelopment Authority and the City to proceed inasmuch as the vetoed legislation may be revived. Councilmember Schneider commented that there appeared to be no changes to Tax Increment Districts No. 1 through 8. Mr. Casserly replied that was essentially correct; but that the financing plans were being amended to reflect the increased project costs and geographic area; and only No. 9 was being added. Mr. Best, an attorney for Onan Corporation, commented that Onan is in the formative stages of this proposed project and they are seeking cost reduction methods for the warehouse storage and production facilities. He further noted that the land proposed avoids the contaminated areas which had been previously platted into separate lots. Mr. Best concluded SPECIAL CITY COIINCIL MEETING, JIIN$ 26, 1989 PAGE 5 Councilmember Schneider asked if Super Cycle would likely come back after the six month contract with price quotations closer to those of the higher ones proposed by BFI and Waste Management Inc. Ms. Dacy replied that Super Cycle uses a per tonnage rate rather than a household rate as used by BFI and Waste Management. She stated she cannot speculate as to what price Super Cycle will give. MOTION by Councilmember Fitzpatrick, seconded by Councilmember Jorgenson, to adopt the staff recommendation to approve Super Cycle's contract for six months. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR NEE DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Schneider stated he felt comfortable with this proposal to buy time for the City and the County to assess alternatives. Councilmember Jorgenson commented that it was important to have continuity to prevent interruptions and lapses in service. 3. CLAIMS• MOTION by Councilmember Schneider, seconded by Councilmember Jorgenson, to adopt the claims. ADJOURNMENT• MOTION by Councilmember Schneider, seconded by Councilmember Jorgenson, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR NEE DECLARED THE JUNE 26, 1989, SPECIAL CITY COUNCIL MEETING ADJOURNED AT 8:35 p.m. Respectfully submitted, Jock Robertson Recording Secretary � � crnroF F� �� DATE: TO: FROM: SUBJECT: C011/LMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM July 5, 1989 � /�, William Burns, City Manager�� Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Conduct Public Hearing for the Sale of Excess Property at 1220 - 52nd Avenue N.E. The City obtained title to the above referenced property as a tax forfeited parcel on January 11, 1974. A portion of the property is needed to accomplish the realignment of 52nd Avenue N.E. Since 1973, the parcel has been used as a driveway access to the South Fridley Apartments. For the last seven years, the apartment owner has maintained the City�s property and the existing driveway. In the fall of 1988, the City received complaints regarding the use of the lot for parking for the apartment residents. At that time, the City advised the apartment owner that parking was not permitted on the lot. ANALYSIS The driveway over the subject lot serves an important traffic and safety purpose. Without the access through the lot, the apartments would operate on only one driveway from 52nd Avenue. A majority of this existing driveway is on adjacent property. Therefore, the apartment owner is dependent on adjacent property owners for right of access. Further, in an emergency situation if the driveway was blocked, access to the rear of the property would have to be gained by adjacent properties. Also, one driveway would force all the traffic through the parking lot to the existing driveway. The City will need to retain an easement for the street realignment. Approximately 10,625 square feet will remain after subtracting the easement area. After applying the 35 feet front setback and the 28 feet rear setback, a buildable area of 30 feet in depth remains. A smaller size home could be constructed on the property, but the home would be constrained by the easement and the setbacks. Further, �construction of the home would eliminate a secondary access for the apartments. 1A Excess Property July 5, 1989 Page 2 PLANNING COMMISSION RECONIl��IENDATION At the June 7, 1989, meeting, the Planning Commission recommended that the City sell the property to the apartment owners so that proper traffic safety is maintained and that the property can be returned to the tax roll. The Planning Commission stipulated approval upon the provision that parking is prohibited and that landscaping be strategically installed on the property to enforce the no parking stipulation. STAFF UPDATE Councilman Billings asked us to determine what the property value would be if the lot was to be used as a single family use. The Assessor's office estimated that the value of a home and property would be $100,200 which would generate approximately $1,347 in taxes. He also asked us to determine whether or not this lot was subject to restrictive covenants in the Marior► Hills Second Addition which would require construction of a 1,000 square foot home. Staff found that restrictive covenants were not recorded against the title of this property. CITY COUNCIL RECOMMENDATION The purpose of the public hearing is to determine whether or not the property should be retained by the City or sold. Given the above analysis, staff recommends the City Council direct staff to prepare an ordinance to sell the property, and to begin negotiations with the owners of the South Fridley Apartments. BD/dn M-89-379 ` � n �: � �GRNEM � T �E /`n l/JI 1 �l �/2 SEC. 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S -. . i . � � . � � f . - � ; , , , , . � Q.� � ... . , . : _ , . . _ . : . � ; . . . .�. . ., � � cinroF F�� DATE: TO: FROM: C0�1/IMUNITY DEVELOPMENT DEPARTMENT MEMOR.ANDUM July 5, 1989 William Burns, City Manager��:'� � Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Consideration of Special Use Permit, SP #89- 09, to Allow Commercial Retail with a Motor Fuel Station/Car Wash 7295 University Avenue N.E., Phillips 66 At the June 19, 1989 meeting, the City Council tabled action on this request until the City Attorney could review a number of is:ues pertaining to the special use permit request. The City Attorney states that the gas canopy square footage cannot be used in calculation of the amount of commercial retail space. Given this interpretation, the retail area now occupies 50� of the building rather than the previously calculated 14�. Given the City Attorney's opinion, the present request for a special use permit should be denied. Phillips 66 has submitted a memorandum in support of the special use permit application. It cites a Minneapolis court case which is also attached. The previous staff report has not been included since it was distributed in the previous packet. BD/dn M-89-378 � m Virgil C. Herrick James D. Hoeft Gregg V. Herrick Of Counscl Da��id P. Ne��man ��a��1`i.Y`W�L:.1 `L.�. �� P V9�� ATTORNEYS AT LAW M E M 0 R A N D U M T0: Steve Billings, City Councilman FROM: Virgil Herrick, City Attorney �� DATE: July 5, 1989 RE: Special Use Permit Application by Phillips 66 At the recent City Council meeting held on June 19, 1989, you asked the staff a number of questions relating to the application for a special use permit by Phillips 66. One of the questions asked was whether the area under the proposed canopy should be considered in determining the square footage of the building. Phillips 66 has requested a special use permit for commercial retail sales on property zoned M-2, or heavy industrial. Commercial retail sales in M-2 property is authorized under certain restricted conditions by Fridley City Code Section 205.18 1C(3). This section provides that cornrnercial retail sales in an industrial building may be permitted upon obtaining a special use permit, provided that: "the maximum gross floor area occupied by such uses (retail sales), as permitted by special use permit, shall not exceed 30� of the building's total floor area..." Because of the terms of the above quoted ordinance, it is necessary to determine what the total floor area of the proposed building is in order to determine whether the proposal by Phillips 66 meets the terms of the ordinance. The city staff advised the Planning Commission that they felt the area under the canopy should be considered as part of the total floor area of the proposed service station. The Fridley City Code Section 205.03(10) defines a building as "any structure having walls and a roof, built for the shelter or enclosure of persons, animals or property of any kind." I am of the opinion that the proposed canopy does not meet the definition of building because the canopy lacks walls, which is a requirement of the definition. Because of this conclusion, it is my opinion that the square footage of the proposed building is 844 square feet and that the applicant's request for a special use permit to use 400 square feet for retail sales exceeds the permissible 30% allowed under 205.18.01 C3A. VCH:Idb Suite 20�, 6401 Uni��ersity Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 2A In re: Application for a Special Use Permit by Phillips 66 Company For Property Located at 7295 University Avenue N.E. ---------------------------------------------------------------- PHILLIPS 66 COMPANY'S MEMORANDUM IN SUPPORT OF APPLICATION FOR SPECIAL USE PERMIT ---------------------------------------------------------------- .« �,.J 2C TABLE OF CONTENTS PAGE Introduction . . . . . . . . . . . . . . . . . . . . . 1 Discussion . . . . . . . . . . . . . . . . . . . . . . 2 _ I. The Proposed Use Embodies the Modern Concept of an "Automobile Service Station" . . . . . . . . . . . . . . . . 2 II. The Application Meets All Leqal Requi rements . . . . . . . . . . . . . . 5 III. If The Application Meets All Standards Imposed by the Zoning Regulations, it Must be Approved as a•Matter of Law .. 8 Conclusion . . . . . . . . . . . . . . . . . . . . . . 8 Appendix . . . . . . . .. . . . . . . . . . . . . . . 10 i Y -1- 2D INTRODUCTION Phillips 66 Company ("Phillips") is the purchaser of 2.39 acres of property located at the intersection of 73rd Avenue and University Avenue N.E. in the City of Fridley. Phillips is purchasing the property for use as a modern automo- bile service station, which differs somewhat from traditional stations in that modern stations feature self-serve pumps, carry a larger number of convenience items and do not include mechanics or service bays. The property is located •in a district zoned M-2, Heavy Industrial. An automobile service station is a permitted use in that zoning classification. Fridley City Code at Section 20.03(5). By letter dated May 3, 1989, the Fridley City Attorney expressed the opinion that the convenience items available at the proposed station, if permissible at all, would require the issuance of a Special Use Permit under a Code pro- vision stating that commercial retail may be granted a Special Use Permit in an M-2 district if certain conditions are met. (Herrick letter, Appendix at A-5.) To satisfy the City - Attorney, Phillips has filed an application for a Special Use Permit covering the so-called "retail" aspects of the station, even though it believes that under modern practice, the entire use fits withi�n.the definition of an "automobile service sta- tion" and therefore no Special Use Permit should be necessary. �. 2E Phillips has met each of the conditions imposed by law in the City of Fridley for the grantinq of a Special Use Permit. Therefore, Phillips respectfully submits that it is entitled to the issuance of the permit as a matter of law. DiSCUSSION I. THE PROPOSED USE EMBODIES THE MODERN CONCEPT OF AN "AUTOMOBILE SERVICE STATION." One of the questions raised by Councilman Billings at the initial hearing on the Special Use Permit related to whether Fridley's definition of an "automobile service station" was outdated. This question is a perceptive one, since there indeed�have been significant changes in the American gas sta- tion over the last decade. Phillips believes that an under- standing of those changes will be helpful to the City Council's analysis of the issues at hand. A number of factors, perhaps primarily the energy cri- sis of the late 1970's and the increasing time demands on the , American public, have changed the things that most consumers want from their local gas stations. There is an increased demand for self-service pumps, which has increased the demand for weather protection (hence, canopies) and security (hence, high visibility between the pumps and the cash registers in- side). And while it has been possible for decades to buy items � Y like motor oil,�combs and candy bars inside gas stations, the number of items now available has increased as the public has -2- had less time for shoppinq and accordingly demanded more convenience and "one-stop" installations. Phillips' design for the proposed station at issue reflects this evolution. As shown by the photograph and plans contained in the Appendig, the design involves a single canopy over both the pumps and a small kiosk where customers pay for their gasoline and also have the opportunity to buy convenience items such as bread and milk. The kiosk has an open floor plan, with a single island and no restricted aisles. Phillips' internal marketing philosophy with respect to these installations is that they are gas stations, with only such convenience items available as can be easily handled by a single customer when he or she pays for gasoline. The merchan- dise includes only so-called "impulse" items, the sort customers buy on impulse and not pursuant to an advance plan. There are no carry out boys and no shopping carts or baskets such as are common in grocery stores or convenience stores like Seven-Eleven. In fact, these modern Phillips stations actually have less internal floor area than the traditional Phillips design� of the past. In response to the question from Councilman Billings, Phillips does not believe that the 8efinition of "automobile service stat�ien" in the Fridley City Code is outdated. In fact, it appears very well-suited to the current concept of a gas station. The zoning regulations define "automobile service station" as: -3- Y 2F 2G A place where fuel and other essential services related to the operation of vehicles are retailed directly to the � public. This does not include motor vehicle repair. Fridley City Code, Section 205.03(5) (emphasis supplied). Under current consumer egpectations, the proposed Phillips station fits precisely into this definition. Convenience items like combs and pop have long been sold even in the traditional gas station, and since the consumer defini- tion of what is now "essential" to a successful gas station has expanded, the entire proposed operation fits very nicely into this definition. Even a Seven-Eleven with self-service pumps, which constitutes far more of a retail occupancy than the modern Phillips gas station, has been held to be an "automobile ser- vice station" by the Minnesota Supreme Court. In Southland ��rp v. City of Minneapolis, 279 N.W.2d 822 (Minn. 1979), the issue was whether such a Seven-Eleven violated a deed restric- tion forbidding outdoor business activity ezcept for automobile service stations. The Court found the Seven-Eleven qualified as an automobile service station, using the following languaqe: In summary, self-service gasoline dis- pensing facilities were not contem- • Qlated at the time the property was sold, since they were illegal in Minnesota. Subsequent legislation authorizes such facilities. To adopt a view that automobile service stations must fit the historic concept -4- 0 of such facilities is to thwart the legislative changes and to ignore the facts as they egist today. The tradi- tional separation of services is now blurred as many facilities which would originally have qualified as service stations under the requirements of the trial court would be jeopardized because of the variety of merchandising that occurs at such fa- cilities and the elimination of many traditional services at such facili- ties. Likewise, self-service gasoline sales have become a large part of the industry. We hold that the self- service gasoline dispensing facility proposed by Southland is an automobile service station within the language of the deed restriction, and denial of a pump permit upon the grounds stated by the city council and the trial court is improper. '` 279 N.W.2d at 825-826. If a Seven-Eleven with self- service pumps is an automobile service station, certainly the Phillips gas station also qualifies. Recoqnizing this fact suggests that no Special Use Permit is even necessary, since the entire occupancy is a modern "automobile service station" and therefore a permitted use under M-2 zoning. For present purposes, it suffices to say that even if a Special Use Permit is necessary, it must be granted because the Phillips application meets all the requirements of the zoning code. il. THE APPLICATION MEETS ALL LEGAL REQUIREMENTS. The�legal standards to be applied in considering a Special Use Permit application are set forth quite specifically in the City's zoning regulations. � -5- The City Staff's report on 2H the Phillips application (Appendis at A-3) found no violations of these standards provided certain stipulations were met, and recommended approval of the application.l In fact, Phillips does not believe any real question has been raised about its compliance with the standards, with one exception. That ezcep- tion relates to the percentage of floor area devoted to the so-called "retail" occupancy. The code includes as a use permitted with a Special Use Permit "Commercial retail service uses ... and similar uses" provided, among other requirements, that: (a) The magimum gross floor area occupied by such uses, and other com- mercial uses, as permitted by the special use permit, shall not egceed 30 percent of the building's total floor area . . . Fridley City Code, Section 205.18(C)(3). One of the issues raised by this language in connection with the Phillips station is how the "masimum gross floor area occupied by such uses" is to be defined. In any automobile service station, there will be space devoted to a cash register, storage, shelves for qoods like the traditional combs and candy bars,2 1 One of the stipulations, relatinq to a car wash, is objected to by Phillips, but that issue is not raised by the pending appli�tition for a Special Use Permit, as that only addresses the so-called "retail" aspects of the occupancy. 2 Note that the definition of "automobile service station" in the Fridley City Code expressly contemplates that some amount of "reta•il" will take place. City Code at Section 205.03(5). -6- 21 2J and floor space for customers to enter and pay for gas. The amount of additional space in the Phillips design rendered nec- essary by the larger number of convenience items in modern gas stations--i•e•, the "retail"--should control the amount of floor space considered to be dedicated to the special use. The amount of floor space in the Phillips kiosk that is devoted to shelves for retail goods, even without subtracting the shelves devoted to motor oil and other tradi- tional gas station retailing, is 118.48 square feet. This number should then be compared with the floor area of the entire structure to determine whether the Code's 30% require- ment is met. This in turn raises the issue of whether the building as a whole consists of only the floor space within the kiosk, or all of the floor space under the canopy. In either �ase, however, the Phillips design meets the requirement of the Code. The kiosk has 844 square feet of floor area. The "retail" space as previously defined is 118.48 square feet of floor area, or 14% of the kiosk. If the larger canopy space of approzimately 5,940 square feet is considered, of course, the percentage is considerably smaller. It is true that Phillips application, recommended for approval by, tri'ie City Staff, contemplated 400 feet of retail space, which exceeds 30% of the kiosk floor space but is less than 30% of the canopy floor space. That 400 square feet -7- 0 included the space for the storage cooler, cash register counter and customer floor space which is not "retail" in any sense that differs from even a traditional view of the automo- bile service station use espressly permitted in an M-2 district. Therefore, Phillips believes the "retail" floor space�should be defined as 118.48 square feet, which would meet the 30% standard however the total building is defined. This means that all of the applicable legal standards are satisfied by the application at issue. IIi. IF THE APPLICATION MEETS ALL•STANDARDS IMPOSED BY THE ZONING REGULATIONS, IT MUST BE APPROVED AS A MATTER OF LAW. The Minnesota Supreme Court and the Minnesota Court of Appeals time and again have made clear that "where a zoning ordinance specifies standards which must be applied in deter- mining whether or not to grant a conditional use permit, and the applicant fully complies with the specified standards, a denial of the permit is arbitrary as a matter of law." Scott r��ntv Lumber v City of Shakopee, 417 N.W.2d 721, 727 (Minn. App. 1988); Hay v Township of Crow, 296 Minn. 1, 5, 206 N.W.2d 19, 22 (1973). Neiqhborhood opposition is not a proper legal basis for denyinq a special use permit. oGt*�nd v. Village of North St. Paul, 275 Minn. 446, 147 N.W.2d 571, 575 (1966); Oisen v City of Minnea�ol.is, 263 Minn. l, 11, 115 N.W.2d 734, � M 741 (1962). '� 2K Y CONCLUSION Phillips has met all legal requirements under-any informed and objective view of the situation, as was indeed the conclusion in the City Staff's report. Phillips is therefore entitled as a matter of law to have its application far a Special Use Permit granted. Dated: July �, 1989. F 09000 �. � M -9- B 8400 Normandale Lake Boulevard 8400 Tower, Suite #1150 Bloomington, Minnesota 55437 Telephone: (612) 921-2200 Attorneys for Phillips 66 Company 2L n APPENDIX DOCUMENT Illustrative photographs of a similar Phillips station Floor Plan Location Map Staff Report Recommending Approval of Special Use Permit PA E A-1 A-2 A-3 A-4 City Attorney Letter A-5 M-2 Heavy Industrial District Regulations A-6 ► M , -1�- 2M �:�-�-;:�.�:�.::=, :��:•-�: _ - . . .� . . . .. . T . • . . . . • . . . . . ; � � , . . FIRST7MP. RESSIONS'� �•� _ . � • .... . . .r,':' . -•. . . � . '. ' . . • . .. .t . 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Q �i �, « �o aY+ p � � ° � � o C a � s .. � � �' i�. k' � d � 3 « � � 'e $ �a�v3o'.'-:�Ya.3��Lg'wE:�a"i�'aEo�,rii9e 8�E �_ .._....._... -:�±F ;; e C: � � � � � � � � a i '•u� � •��y $ e � ~ � }1 Y 7 Tii �'� w s � i � F r � O d � � � u a G ~�? 0��.9 K � O ai � y•+ Y .3 Y �L' M �..�. � 7 � C O • • � O U e o� �.+ d o.9 .a o � .o e �.°��a��c,9,.�°,o • a •c 'u a .� ,o ar Y ea0 �C C�p s� O'C � E 3r � o ��'�^ <'�'� o � $s�e m3 �'oY�o°.t$&'�8 ai e ;o E � $� � o « `C x o ;�w.- � o 0 a � � �o � � � O O« z ., 6e7 y 3 Ri i � � � Z � S or �cw e O 10 Fi �+ � E < � � a" t C � o � � � V T • � � � h � �3 � � h S "� � e '� �� e �� 'a0., '� � t�� o O � � � r M � � � � � � v� �°a �i o osN yE a+ > c� � �E ~ �` .� �W �' $ « 4 ,� � =� � a � o � G � C .�S � E r o E p e� � 'o T . � �v � 3 ORDINANCE NO. - 1989 AN ORDINANCE PROVIDING FOR THE SALE OF REAL PROPERTY �, The City Council of the City of Fridley does ordain as follows: Section 1. That the City of Fridley is hereby authorized to convey to the Fridley Housing and Redevelopment Authority the following described property to wit: All that part of Lot 7, Block l, Fridley Plaza Center, Anoka County, Minnesota lying easterly of the following described line: Commencing at the northwest corner of Lot 14, said Block l; thence North 89 degrees 58 minutes 45 seconds East, along the north line of said Lot 14, a distance of 13.00 feet, to the point of beginning of the line to be described; thence North 0 degrees 47 minutes 15 seconds East a distance of 213.23 feet to a point on the line common to Lots 6 and 7, said Block 1, said point being 3.00 feet westerly from the southeasterly corner of said Lot 6, and said line there terminating. Subj`�ct to a permanent non-exclusive easement for parking ingress and egress and other public purposes. Section 2. That in conjunetion with the granting of this deed the City further waives pursuant to Section 211.05 of the City Code, any requirements for subdivision approval, due to the fa�t that this conveyance is consistent with the overall plan for the development of this area and was tacitly approved by the City in 1982. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ,., WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK Public Hearing: First Reading: Second Reading: Publications: (ORDINANCEI/H&N 3-21-89) 4 CITY OF FRIDLEY PLANNING COlrIIrII88ION MEETING, JIINE 21, 1989 CALL TO ORDER• Chairperson Betzold called the June 21, 1989, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Donald Betzold, Dave Kondrick, Sue Sherek, Alex Barna, Richard Svanda Members Absent: Dean Saba Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Charles Wood, Charles Wood Associates Pat Dowd, Target John Uban, Dahlgren, Shardlow, & Uban, Inc. John Livingston, representing Ted Haines APPROVAL OF JUNE 7 1989. PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Sherek, to approve the June 7, 1989, Planning Commission minutes as written. UPON A VOICE VOTE � ALL VOTING AYE � CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOOSLY. 1. CONSIDERATION OF A SPECIAL USE PERMIT SP #89-10. BY TARGET STORES. INC.: Per Section 205.18.O1.C.(12) of the Fridley City Code, to allow exterior storage of materials and equipment on Outlot 1, Block 1, Fridley Industrial Park Plat 1, Anoka County, Minnesota, together with the North Half of the Southeast Quarter of Section 11, Township 30, Range 24, Anoka County, Minnesota; excepting the West 675 feet thereof; including that portion of Able Street vacated or to be vacated included in said North Half of the Southeast Quarter, generally located at 1090 - 73rd Avenue N.E. O�I TION by Mr. Kondrick, seconded by Mr. Svanda, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE � CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY AND THE PIIBLIC HEARING OPEN AT 7:33 P.M. 4A PLANNING COMMIBSION MEETING, JIINE 21. 1989 - _PAGE 2 Ms. McPherson stated the petitioner is requesting a special use permit on its site on 73rd Avenue. The area was reviewed using the location and zoning maps. There is single family to the north and Locke Park to the south. The area is zoned M-2, Heavy Industrial. The special use permit is to allow outside storage of trucks and trailers, and in the future, pallet storage that will be used in conjunction with the expansion of the warehouse facility. The zoning code allows for outside storage with a special use permit. The final landscape plan has been received, but the previous plan that had been reviewed at previous meetings would be used to illustrate the screening. There were several concerns received by the residents in general regarding the service drive located directly across from Jackson Street, and screening will be done so it is not seen. Ms. McPherson stated that as far as providing adequate screening as directed by the zoning code, on the east side of the site, Target is proposing to plant boulevard trees and vines on the existing fence along the east side. Along north portion, Target will reconstruct a wetland to replace the one that will be destroyed by construction. On the amended site plan, there is a second wetland and a detention pond that will handle and control the run off from the parking lot and the building. In the 200 ft. buffer area, Target is planning to plant large deciduous trees and evergreens 8-14 feet tall. Ms . McPherson stated that along the west where the proposed bikeway will be, Target is proposing to plant evergreens 8-14 feet tall. Regarding the view from Locke Park, the petitioner is proposing to plant Boston ivy along the building to help mask the building. Staff recommends approval with the following stipulations: 1. No evergreens shall be planted after November 1, 1989 (or of any planting season). � 2. All plant materials used in the upland herbaceous, tall meadow, short meadow, emergent mudflat, broad leaf marsh, and floating categories shall be native to Central Minnesota. Mr. Pat Dowd, Target, stated he had no comments. The proposal has been presented in past meetings, the suggestions made have been incorporated into the plans, Target has been working with the City staff on vacating the street and other issues, and is in agreement with staff. Mr. Barna asked if storage will be during the construction period or after. Mr. Dowd replied storage will be after the construction of the facility. . � �LANNING COMMISSZON MEETING. JIINE 21. 1989 - PAGE 3 Mr. Barna asked what will be stored in this outside area. Mr. Dowd stated that tractors, trailers, and pallets only wil� be stored. Another storage area will be shielded by the service building. Mr. Barna asked if this storage would take place after the wetlands are done. Mr. Dowd stated the retention pond needs to be done right away. There will be no storage until the paving is completed and the building is ready for occupancy. Mr. Kondrick asked if the tractor/trailers will be visible from the streets. Ms. McPherson stated they may be visible in winter because part of the buffer is predominantly deciduous materials. The additional evergreens will help to enhance this deciduous buffer area and increase the screening. Until the evergreens reach a more mature state than 14 feet, there may be some storage seen from the street and bikeway. Mr. Kondrick asked if the storage area to the west side of the site is level with Central Avenue. Ms. McPherson thought that at this time the level may be higher. However, they are proposing quite a bit of grading so it will likely be at the same level or lower. Fortunately, along the south side, there are a number of trees that are 15-20 feet tall that will provide additional screening from the park. Mr. Barna asked if the new plantings would be more dense than the current plantings. � Ms. McPherson felt the new plantings would be at least as dense as the current plantings. The evergreens along the storage area will likely screen more so after maturity, either maintaining or increasing screening. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 7:45 P.M. Mr. Kondrick felt the staff has done a good job to ensure the area is screened from view. He had no problem with the proposal. Ms. Sherek stated that if the proposed screen is as dense as the current screen the storage would not be noticed unless one drove into the area. 4C PLANNING COMMISSION MSETING. JIINE 21. 1989 - PAGE 4 MOTION by Mr. Svanda, seconded by Ms. Sherek, to recommend to the City Council approval of the Special Use Permit, SP #89-10, by Target Stores, Inc., per Section 205.18.O1.C.(12) of the Fridley City Code, to allow exterior storage of materials and equipment on Outlot 1, Block 1, Fridley Industrial Park Plat l, Anoka County, Minnesota, together with the North Half of the Southeast Quarter of Section 11, Township 30, Range 24, Anoka County, Minnesota; excepting the West 675 feet thereof ; including that portion of Able Street vacated or to be vacated included in said North Half of the Southeast Quarter, qenerally located at 1090 - 73rd Avenue N.E., with the following stipulations: 1. No evergreens be planted after November 1, 1989. 2. A21 plant materials used in the upland herbaceous, tall meadow, Short meadow, emergent mudflat, broad leaf marsh, and floating categories be native to Central Minnesota. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRP$RSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. Mr. Betzold stated this item will go to City Council on July 10, 1989. 2. CONSIDERATION OF A REZONING, ZOA #89-03, BY TED HAINES: To rezone Lot 2, Auditor's Subdivision No. 89 from M-1, Light Industrial, and R-3, General Multiple Dwelling, to C-2, General Business, generally located at 7191 Highway 65 N.E. MOTION by Mr. Kondrick, seconded by Mr. Barna, to waive the reading of the public heari�g notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYB, CBAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY AND THE PIIBLIC HEARING OPEN AT 7:50. Ms. Dacy stated the facility is located on the southeast corner of 72nd Avef�ue and Hwy. 65. The property is zoned both M-1, light industrial, and R-3, multiple family. The westerly half of the site was zoned M-1 since 1958 and the east half has had a residential zoning of either R-1 or R-3 since that time. In 1959 the Minnesota Door Company received a pernait to build the existing structure on the site. In 1984 Kurt Manufacturing, the current owner, made several site and building improvements and received a special use permit to use the R-3 portion of the lot as a parking area. Ms. Dacy stated Mr. Ted Haines is requesting rezoning the entire parcel to C-2 to enable him to establish a snowmobile dealership and showroom in the existing building. He is also looking at including small water craft and motor cycle parts. The facility PLANNING COMMISBION MEETING, JIINE 21, 1989 - PAGE 5 would employ occupied for square feet shop. 6-8 persons. The majority of the building would be a showroom, offices and storage area. About 3,000 of the building would be occupied by an embroidery Ms . Dacy stated that from a zoning standpoint, this comes at a time when the City is looking at existing uses in the area. Staff recommends approval of the rezoning because, even though it may appear on the map as a spot zone, the use of the adjacent properties are commercial in nature and approval will work toward keeping the area commercial. It also rectifies a split zoning situation. Ms. Dacy stated that as far as the site plan issue is concerned, staff indicated some concern about the parking area. If staff uses the parking space ratio for retail, the petitioner would need 71 spaces on site. If staff uses another ratio in the ordinance for speculative commercial zoning, only 54 spaces are required and that amount of parking exists on site. Based on the type of structure and location, staff does not anticipate parking to be a problem. The City Attorney recommended the stipulation included in the staff report so that future tenants in the building shall not receive a certificate of occupancy until it is shown that adequate parking can be provided for the proposed use. Mr. Haines plans to repaint, remodel, add a new facade treatment, and add display windows along the front which staff feels would improve the appearance. Staff is recommending approval of the request with the one stipulation. Mr. John Livingston attended the meeting as a representative of Mr. Haines. Mr. Kondrick asked if Mr. Haines planned to sell motorcycles at this location. Mr. Livingston stated he does not. The plan at this location is to get out of the motorcycle business. The plan is to take the best parts of what they have learned from his other location in Forest Lake and Mr. Haines does not want to be involved in those things that are "theft oriented". Sales would be primarily of snowmobiles and, possibly, personalized water craft such as jet skis. Mr. Haines may provide some motorcycle parts but does not want to have a motorcycle dealership. Mr. Haines is purchasing this site in response to a contract with Polaris Snowmobiles. He did note that he may, in the future, address the issue of water craft. If it should change, he will come back and talk to the commission. Mr. Betzold asked what remodeling is being planned. 4D PLANNING COMMISSION MEETING, JIIN$ 21. 1989 - PAGE 6 Mr. Livingston stated that roughly 120 feet in the front of the building, and specifically the south half of the building, would be remodeled to incorporate display windows. Mr. Haines also plans to update the facade. When asked if the plan is to include illuminated awnings, Mr. Livingston stated that this had been discussed but he didn't know what was planned. The awnings give visibility at night and makes the building less likely to be tampered with. Mr. Betzold asked about the parking and whether or not it would be primarily in the back. Mr. Livingston stated that Mr. Haines has the largest Polaris dealership in the U.S. located in Forest Lake. He has done a count of cars and the largest number has been 15 at their main dealership. The Fridley location is considered a sub-dealership and they do not anticipate any problem. The showroom will be separate from the rest of the building. An access door will be put in on the east for those who park in the rear. Mr. Betzold asked if there is any long range plan to limit access to Highway 65. Ms. Sherek indicated that 73 1/2 was presented for closure and the plan is to close all left turns in the next 5 years. Mr. Livingston stated the site is also close to the intersection at 73rd. Mr. Betzold wanted to make sure Mr. Haines is aware that there may be changes in the future. Mr. Livingston indicated Mr. Haines is aware of this. The site is a place to which people drive. Mr. Betzold asked if Mr. Haines will be erecting a sign. Mr. Livingston indicated Mr. Haines does not know a sign can be placed there. Mr. Haines' goal is to have a sign on the building, but since he found out, he may pursue it but Mr. Livingston stated he thought Mr. Haines would be conservative. Mr. Barna asked staff if, in the future 72nd Avenue was closed, is there adequate property between the site and Hwy. 65 for full cut back road. Ms. Dacy stated the first 40 feet is dedicated as easement for a service road and 10 parking spaces back out on the existing service road. Mr. Svanda asked what Kurt Manufacturing did at the site. � 4E 4F PLANNING COMMISBION MEETZNG, JQNE 21. 1989 - PAGE 7 Mr. Kondrick stated they were a metal fabricating company. Mr. Svanda asked if there had been an environmental audit at the site. Ms. Sherek indicated an audit had been done and any recommended clean up completed. Mr. Barna asked if Mr. Haines was aware that there is no outside storage. Ms. Sherek stated that Crysteel just came in recently for showroom and we have prohibited outside storage and probably will also request that this not be done at this site. Mr. Livingston stated this has been only mentioned. He did not think Mr. Haines would do anything to jeopardize the Polaris contract. If there are any changes, he will come back. Mr. Betzold asked if they were aware of the parking problem. The stipulation details the parking with regard to future tenants. The parking is not there for a retail area. Mr. Barna asked if the other retail area was a part of the company. Mr. Livingston stated this is a separate company with stitching machines who do lettering on jackets. They are not related to the motor sports business. To his knowledge they are a contract business. MOTION by Mr. Kondrick, seconded by Mr. Barna, to close the public hearing. IIPON A VOICE VOTE � ALL VOTING AYE � CHAIRPERSON BETZOLD DECLARED THE PIIBLIC HEARING CLOSED AT 8:10 P.M. Mr. Kondrick felt that a motion to approve the request should include a stipulation regarding outside storage. Ms. Sherek agreed. Even though this tenant does not intend to use outside storage, a future tenant may end up doing so. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to recommend the City Council approve the rezoning request, ZOA #89-�2, by Ted Haines, to rezone Lot 2, Auditor's Subdivision No. 89 from M-1, Light Industrial, and R-3, General Multiple Dwelling, to C-2, General Business, generally located at 7191 Highway 65 N.E. with the following stipulations: 4G PLANNING COMMISSION MEETING. JIIN$ 21, 1989 - PAGE 8 1. Future tenants in the building shall not receive a certificate of occupancy until it is shown that adequate parking can be provided for the proposed use. 2. There shall be no outside storage or display by the owner and/or tenants. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. Mr. Betzold stated that on July lOth the City Council will set a hearing date to discuss this request. 3. CONSIDERATION OF A VACATION SAV #89-03. BY THE CITY OF FRIDLEY: To vacate that part of the north six feet of Outlot 1, Gena-Rae Addition lying within Tracts G and H of Registered Land Survey No. 94 (except the west five feet of said Tract H) and that part of the east one foot of the west six feet of said Outlot 1 lying within Tracts H and I of Registered Land Survey No. 94 (except north six feet of said Tract H) Ms. McPherson referred to the June 7, 1989, memo from Mr. John Flora and Mr. Clyde Moravetz regarding the history of the parcel. The request is made to assist in clearing the title of the parcel. The easements in question are located in the Gena Rae addition. When the original plat was recorded, there were drainage and utility easements established. The City condemned a portion for a park and then decided it was not suitable for a park. The Registered Land Survey #94 was recorded which allowed the recorded easement for Creek Park Lane to occur. When the new subdivision occurred, Creek Ridge, the City did not realize the easements existed, and new drainage and utility easements were established. These are no longer required so staff is recommending approval of vacation of the easements. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to recommend the City Council approve Vacation, SAV #89-03 by the City of Fridley, to vacate that part of the north six feet of Outlot 1, Gena-Rae Addition lying within Tracts G and Ii of Registered Land Survey No. 94 (except the west five feet of said Tract H) and that part of the east one foot of the west six feet of said Outlot 1 lying within Tracts H and I of Registered Land Survey No. 94 (except north six feet of said Tract H). IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. REVIEW PROPOSAL BY STEINER DEVELOPMENT TO AMEND THE M-1 DISTRICT TO ALLOW CHURCHES 4H PLANNING COMMISSION MEETING, JIINE 21, 1989 - PAGE 9 Ms. Dacy presented the pros and cons of allowinq churches in an M- 1 district. Advantages include: 1. 2. 3. 4. It might be a cost effective alternative for small churches as opposed to building a structure. Parking will not conflict with the typical parking situation of multi-tenant building. It may remove some churches from residential area; and The City could monitor the occupancy through special use permits. Ms. Dacy stated the disadvantages include: 1. It would be contrary to the intended use of the building 2. They would be occupying industrial space designed for industrial use. Ms. Dacy stated a number of communities were surveyed and the majority require churches in a single family zone. Brooklyn Park permitted churches in industrial and found they were occupying too much space. On the other hand, Minnetonka has had a good experience and did issue a special use permit. Ms. Dacy stated that despite the list of advantages, staff is recommending that the district not be amended. If the Commission does agree, there are five stipulations to permit churches: 1. 2. 3. 4. They must be located within a multi-tenant building so that a freestanding church cannot occupy industrial zoned land. A maximum percentage of building area should be established. A special use permit should be required to ensure that parking and traffic activities do not conflict with other uses on the site. Requirements of the building code must be met. 5. The maximum square footage permitted for the retail uses are 5,000 square feet. This proposed application is for 8,000 square feet, or approximately 10� of the University Business Center. It is hard to rationalize permitting a church use to have more square footage than what is permitted for commercial uses. PLANNING COMMISSION MBETING. JIINE 21. 1989 - PAGE 10 Mr. John Uban, Dahlgren, Shardlow, & Uban, Inc., stated that churches are looking at industrial space because they are like a business in that they start out small and qrow, and they need places to move to in order to grow. He has worked with many churches before, both large and small, and has found that there is a need for a sequence of housing for churches. Regional churches are very large and have significant use at the highest level, and are not suited for residential areas. In looking at the sequence for churches to grow and be part of the community, industrial areas are good because the intent would be for the church to be there for 3 to 5 years while they pursue a permanent home. Many churches doing this are in the process of growing. An important thing is the parking in industrial areas. It is convenient and is used during off peak hours; and in a multi tenant building, the parking lot can be vacant during their hours. Industry needs parking and churches in the building improve the parking situation. This is a good way to keep churches in the community. It can be good for the community by allowing conditional use in an industrial area. Mr. Uban stated the proposed building is located at 81st Avenue and Highway 47, and has 80,000 square feet. The church would use about 8,000 square feet, half of which would be a worship service area and the other half would be offices, storage, rest rooms, counseling rooms, etc. The church has about 80 members at each service. Another church in Grand Rapids grew from 3 to 300 in 4 to 6 years. He stated he felt it would work. The total space is 10� of the building and a reasonable amount to look at. It also has good exposure to the public. The church needs to be blended into the multi use concept. Oftentimes, day care centers are in complexes such as this. There is a lot of industrial space that is not developed in the area and don't think this is a significant number of square feet. He felt the City could be assured of reasonable responsibility of behavior by the church. This does not happen very often. He was sure the conditions listed address many of the concerns they have come across before, and he felt it will help the community as well as helping the church. Mr. Betzold asked if anyone would be living on site. Mr. Uban stated no one would be living at the site. Mr. Betzold asked if services would only be on weekends and nights. Mr. Uban stated this is what he understood, but they do some counseling when it is convenient for the client. The counseling is also done in the client's home. Mr. Betzold asked if there will be funeral services at this location. � 41 PLANNING COMMI88ION MEETING. JIINE 21. 1989 - PAGE 11 Mr. Uban expected the church to perform weddings, memorial services, but did not know if there would actually be funeral services. This activity can be restricted. Mr. Betzold asked if the churches was intending to provide day care at this facility. Mr. Uban stated they do not plan to operate a daytime day care, but a nursery will be provided for services. Ms. Dacy stated a different church could have those types of activities and this should be addressed. Mr. Uban agreed this should be addressed because of the different requirements. Mr. Barna asked who the principal occupants of the building are at this time. Mr. Uban stated the building is occupied primarily by retail services. Mr. Barna stated that if this was a commercial area, the church as a service-oriented business could be considered in a commercial area. Mr. Uban felt there should not be a stand alone church in M-1 district. The church wants same kind of exposure as retail including a clean front and exposure to a road system. Mr. Barna stated he could see a church in a C-1 or C-2 area but not an M-1. If a church is allowed here, it would set a precedent to allow other churches in M-1 districts. He felt a church in an M- � 1 district was incorrect and suggested the owner request a zoning change. Mr. Uban stated this location is visible from the main road and there is a mix of business which is now more retail with curb appeal and visibility. Mr. Uban asked if the Commission would consider a variance. Mr. Barna stated this would not be allowed as a variance or with a special use permit. Ms. Sherek questioned whether the purpose of an industrial zone includes fostering church growth. It is not the purpose for industrial use. In looking at related uses, the amendment permits the existence of copier services, deli's, etc. to provide a service to the tenants of the industrial park. She did not see a church as providing services for the tenants of the industrial park. 4J PLANNING COMMIBSION ME$TING. JIINE 21. 1989 - PAGE 12 Mr. Betzold asked if there were concerns if this was a commercial area. Ms. Sherek stated she did not. Mr. Betzold thouqht a church should have a place to grow. The City wants churches in residential areas but residents don't necessarily want this. Ms. Sherek stated that if you look at where churches have traditionally gone in Minneapolis, they have gone into old store fronts. That is not a conflicting use, but putting a church into an industrial area would be a conflicting use. Mr. Barna felt that day care facilities could be considered a service for tenants, but a church is not appropriate for an M-1 area. Ms. Sherek stated the Commission would consider modifying a commercial zone, but not an industrial area. Mr. Barna stated there are other commercial locations that would be acceptable areas for a church. The commercial use is okay but he disagreed with a church in an M-1 zoning district. Mr. Uban stated the City must set up specific criteria for use. Mr. Uban asked what the Commission would say to rezoning the building to commercial. It has a commercial appearance and a commercial mix and it has proper access with a frontage road. Ms. Sherek asked if there was adequate parking. Ms. Dacy stated this would need to be evaluated. The area has a history of parking problems. Ms . Sherek stated. she would not obj ect to rezoning, but that is something that the owner would have to pursue. Mr. Kondrick agreed with the comments about a church being located in an M-1 district. As far as rezoning, owner would have to do because it is primarily commercial now. Mr. Betzold would support allowing a church in a coYamercial district. He felt the commercial district is the way to go, but would not support a church in an M-1 district. Ms. Sherek stated the other problem is that if the M-1 building should go to another owner who would make it more industrial, then they again have the problem of a church in a building that does not � 4K PLANNING COMMISSION ETING, JIINE 21, 1989 - PAGE 13 go with the other uses in the building, and they are back to the question of whether a church should go into an industrial park. Mr. Uban asked make a zoning special ratios well. if the City can pursue changing the ordinance or district change with a mixed use district with which allow unique situations to exist and exist Ms. Betzold encouraged Mr. Uban to work with staff and felt they could come up with an idea that would work. 5. CONSIDERATION OF HUMAN RESOURCES COMMISSION RECOMMENDATIONS FOR ALLOCATIONS OF 1989-90 CDBG FUNDS Ms. Sherek indicated that the recommendations of the Human Resources Commission for allocation of funds is as shown on agenda page 5A. Ms. Sherek stated RISE was not approved for funds because the funds were for capital improvements. When RISE came before the Commission, the Commission members indicated they would not be giving them capital funds. Ms . Sherek stated the Kinship program is a befriending program much like the senior program so only one was funded. The senior program was preferred because they had acquired 75$ of their funding before approaching the Commission. Ms. Sherek stated the Little Voyagers Montessori School was requesting funds for scholarships for their school and the Commission didn't feel this would be going to needy people. MOTION by Mr. Kondrick, seconded by Mr. Barna, to recommend to City Council approval of the Human Resources Commission recommendations for allocation of CDBG funds for 1989-90: Amount Amount Rec.for Reguested F'unding ** A.C. Association for Retarded Citizens $2,900 N.S.C.A.H. 1,500 Central Center for Family Resources Family Life Mental Health Center North Suburban Counseling Center North Suburban Kinship Program 5,000 5,000 5,000 3,000 $1,000 0 5,000 4,534 4,534 0 4L PLANNING COMMISSION MEETING. JIINE 21, 1989 - PAGE 14 ** RISE 5,000 0 Community Emergency Assistance Program 5,000 Southern Anoka Community Assistance 5,000 St. Williams Church A2exandra House Little Voyageurs' Montessori Fridley Senior Center 1,000 3,500 1,000 2,500 1,000 5,000 1,000 3,500 0 2,500 ACCAP - Senior Outreach Worker 7.724 6,000 TOTALS $53,124 $34,068 Recommended funding amount of $1,000 to be used for the drop-in center only. IIPON A VOZCE VOTE, ALL VOTING AYE, C$AIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISI�Y. Ms. Sherek stated this would be before the City Council at their meeting of July 10. 6. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF MAY 18, 1989 MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the May 18, 1989, minutes of the Human Resources Commission. , IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARItIED IINANIMOIISLY. 7. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF JUNE 1, 1989 MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the June 1, 1989, minutes of the Hwnan Resources Commission. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 8. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF JUNE 5, 1989 Mr. Kondrick stated that, at the June 5th meeting of the Parks and Recreation Commission, Mr. and Mrs. Del Pettis requested funds in 4M 0 4N PLANNING COMMISSZON MEETING. JtTNS 21, 1989 - PAGE 15 the amount of $750 for replacement of a fence that borders park property. It has been the City's policy in the past to take the fence and provide one-half the cost of a 4-foot chain link fence. The Pettis' want to put in a wooden fence. The Commission recommended offering them one-half the cost of the fencing and installation of a 4-foot chain link fence along this border. If the Pettis' do not wish to install a chain link fence the City will then not provide funds. MOTION by Ms. Sherek, seconded by Mr. Barna, to approve the June 5, 1989, minutes of the Parks and Recreation Commission and to concur with the recommendation to provide one-half the cost of a chain link fence to Mr. and Mrs. Pettis. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED ONANIMODSLY. 9. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 23. 1989 MOTION by Mr. Barna, seconded by Mr. Kondrick, to receive the May 23, 1989, minutes of the Appeals Commission meeting. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. Mr. Barna stated that they had discussions regarding three variances which were corner lots. It is difficult for City staff to decide what is the front, side and back yards. He would like the City Council and Appeals Commission to come up with a change in the definition on what is the front, side and back yards on a corner lot and to define the orientation of the house on the lot. 10. OTHER BUSINESS Ms. Dacy stated that the Planning Commission will begin the Comprehensive Plan update process on July 12, 1989. This item was part of the Planning Commission's 1989 Workplan. She stated staff will present alternatives for the plan's format, plan horizon, and overall approach. ADJOURNMENT MOTION by Mr. Barna, seconded by Ms. Sherek, to adjourn the meeting. IIPON A VOICE VOTE � ALL VOTING AYE � CBAIRPERSON BETZOLD DECLARED THL JUNE 21, 1989� PLANNING COMMISSION MEETING ADJOIIRNED AT 9:00 P.M. PLANNING COMMISSION MEETING, JIIN$ 21. 1989 - PAGE 16 Respectfully submitted, .. t.' l/V � ''�.,� (�. l/�i`� � � .� Lavonn Cooper ^T Recording Secretary IT�1 �� cinroF FRIDLEY DATE: T0: C011/IMUNITY DEVELOPMENT' DEPART'MENT' MEMORANDUM July 5, 1989 . William Burns, City Manager �� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #89-10, by Target, to Allow Exterior Storage Attached please find the staff report for special use permit, SP #89-10, by Target, to allow exterior storage. The Planning Commission voted unanimously to approve this request with stipulations at their July 21, 1989 meeting. Staff recommends that the City Council approve the request, SP �#89- 10, by Target, to allow exterior storage with the following stipulations: 1. No evergreens shall be planted after November l, 1989 (or of any planting season). 2. All plant materials used in the upland herbaceous, tall meadow, short meadow, emergent mudflat, broad leaf marsh, and floating categories shall be native to Central Minnesota. MM/dn M-89-380 � � 4Q � STAFF REPORT APPEALS DATE ��0� pLAt�NNG CQIvNNISSION DATE : June 21, 1989 FRiDLEY CITY OOl�1qL DATE � July ]0, 1989 �Hpq MM/dn REQUEST PERMR NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSRY f�RESENT ZON�IG ADJACENT LAND USES E� ZONNG UTifTES PARK DEDICATION ANALYSIS FMdANCIAL IMPLICATiONS CONFORMANCE TO COMPREh�NSNE PLMI COMPATBILITY WtTH ADJACENT U�ES b ZONNG ENV�ONMENTAL f,ONSIDERATIONS STAFF RECOMMENDATlON APPEALS RECOMMENDATION PLANNING COMMISSION -RECONMVIENDATION SP 4�89-10 Target Stores, Inc. To allow exterior Storage of materials and equipment 1090 - 73rd Avenue N.E. N/A N/A M-2, Heavy Industrial R-1, Single Family to north, Industrial to west, Locke Park to south, Highway 65 to east On site N/A N/A Yes Yes N/A Approval N/A Approval with stipulations as recommended by staff. Y 4R Staff Report SP #89-10, Target Stores Inc. Page 2 REQUEST The petitioner, Target Stores Inc., is proposing to store equipment and materials on Lot 1, Block 1, Fridley Industrial Park Plat 1, the same being 1090 - 73rd Avenue. This exterior storage is necessary for the use of the site as a major warehouse and shipping facility. Trucks and trailers will be parked temporarily, and sometimes overnight. Pallet storage is also proposed in the parking area in front of the building. SITE The site is located south of 73rd Avenue in an M-2, Heavy Industrial district. An R-1, Single Family Dwelling district is located to the north of the site, and Locke Park, a Public Facility, is located to the south of the site. Highway 65 runs north/south along the east property line. More M-2 zoning is adjacent to the parcel to the west. ANALYSIS The exterior storage would occur in the northwest and west parking areas (see attachment titled "Landscape Plan". On the north portion of the parcel, a 200 foot buffer area between the right of way and the storage area will be maintained. The petitioner will be constructing new wetlands as part of the Army Corps of Engineers mitigation program, as well as a detention pond to control storm water runoff. Within this 200 foot buffer strip, much of the existing deciduous vegetation will remain. The petitioner will be replanting the construction areas with plant materials native to the area. In response to resident concerns about direct sight lines into the storage area, the petitioner has created a planting area at the end of the service entrance drive. This drive is located directly across from Jackson Street. Tall 8'-14' evergreens will be planted in this planting area. To screen the storage area from the proposed bikeway link to Locke Park, a variety of evergreens 8'-14' tall will be planted. Some of these same types of evergreens will also be planted along the south wall of the building expansion. To break up the mass of the building wall, the petitioner is proposing to plant Boston ivy which wi1Z grow up the side of the building. Along Highway 65, the petitioner is proposing to plant boulevard trees as well as blooming vines on the fence. This will improve the appearance of the site from Highway 65. 4S Staff Report SP #89-10, Target Stores Inc. Page 3 To ensure the success of the evergreen plantings, staff recommends that no evergreens be planted after November 1 of any planting season. This is a common specification and is a widely followed practice in the nursery industry. To prevent the planting of invasive exotic plant materials, staff recommends that only plants native to Central Minnesota be used in the following classifications: upland herbaceous, tall meadow, short meadow, emergent mudflat, broadleaf marsh and floating. This will ensure plant/habitat compatibility as well as to protect Minnesota's native seed bank. This will also enhance wildlife habitat. RECOMMENDATION Staff recommends that the Planning Commission approve the request, SP #89-10, by Target Stores Inc to allow outside storage with the following stipulations: 1. 2. No evergreens shall be planted after November l, 1989 (or of any planting season). All plant materials used in the upland herbaceous, tall meadow, short meadow, emergent mudflat, broad leaf marsh, and floating categories shall be native to Central Minnesota. PLANNING COMMISSION ACTION The Planning Commission voted unanimousZy to approve the request, SP #$9-10, by Target, to allow exterior storage, with the stipulations as recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council approve the request, SP #89- 10, by Target, to allow exterior storage with stipulations as stated. SP #89-10 TABGBT STORES INC. 4T J. .-. . •... . � . , • ' 1 .�... __ � �i9 'ON JldMH91H - --- -, •.. : �Nt12l1- . --- 1 - - — 31V1S i � � , � aw -ro lr� �aisrlN,�wnNOw !, Na�rlrovsNr�t s�o w3ws�wao ►sat3wwrw � ' ' Y I Y )�' '�� ..... "•' . � 1. • . ' i� �• r; I ; ; . �'� � ��% ►. �'� if � _. ..�.Y:i -:j � il . � � �� '% .- � � ;:' . . � t _. . 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I�� .�:' li! , � �r , �f 'i i ; ' .� � � i�l��j��s ' �ilEi '' I�i9ielEt� �f6A: ��E '� ?�, : • i ��o' ±i , � =i-i , , ,, ��•��. �� 1�� °�� i� � , � � � 1. l.��:l:�:� . i@!:i . _.: � 4V- I �, � � � E� ��1 � � � � :� . :� � }�3 � :? � �a b # o�� , LANDSCAPE PLAN � TARGET STORES INC sr #s9-�o 4X _ . �-.w ---� � � � � ! ■ � a • EL`��VAT10N � � cinroF F�� DATE: T0: FROM: SUBJECT: C411/iMUNIT�Y DEVELOPMENT DEPARTMENT MEM4RANDUM July 5, 1989 �.� William Burns, City Manager�l• Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Approve Resolution for Final Plat, P.S. #87-05, Target Northern Distribution Center Addition Attached is the staff report and resolution to approve the platting of the Target Northern Distribution Center property located at the southwest corner of Highway 65 and 73rd Avenue N.E. The final plat has been reviewed by Anoka County and is consistent with the preliminary plat. Staff recommends the City Council approve the resolution as presented. BD/dn M-89-383 � � � C�N �F FRI DLEY REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION 4Z STAFF REPORT APPEALS DATE PLAN(�YNG CONNIAISSION DATE : May 3, 1989 - CITY COUNCIL DAl'E : May i 5�, 1989 nuT�oa BD/= SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING ��$ PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZON�VG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMtSSION RECOMMENDATION P.S. 4i87-OS Target Stores, Inc. To subdivide the parcel into two lots. 1090 - 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. N/A Approval with stipulations. . . . � s 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 Target 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 constructing the expansion between 1988 and 1990. In 1987, they prepared the required Environmental Assessment Worksheet (EAW). The City Council reviewed the EAW and on August 3, 1987 declared that the EAW was adequate and an Environmental Impact Statement (EISj 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 Ieaving approximately 25 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 Iine 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 building code requires 120 feet of separation. This issue should be resolved prior to final plat cansideration 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 existing Target parcel. The proposed preliminary plat indicates a 15 foot bikeway/walkway easement along the north lot line of the property r � � Staff Report P.S. #$7-05, Target Page 3 abutting 73rd Avenue. A 15 foot bikeway/walkway easement should also be conveyed along the west lot line of the proposed e�cpanded property and meander through the two proposed detention ponds to connect to the bikepath on 73rd Avenue. Conveyance of this easement will conform to the vacation agreement passed by the City Council. Wetlands The 1987 site plan proposed construction of the parking lot and building through the Type 3 wetland, which is located approximately in the center of the total parcel. One of the issues addressed in the EAW was that the petitioner conform to all applicable DNR and Army Corps of Engineers regulations regarding wetland filling. The DNR indicated that because the wetland size was smaller than 2.5 acres that it was not regulated by their agency. However, the Army Corps of Engineers does have permit authority on the wetland. The petitioner has subsequently revised the plan pursuant to the Army Corps direction to shift the parking lot to the west and to recreate a wetland area lost by the construction of the building. The petitioner must receive an Army Corps permit prior to grading on the property. The Rice Creek Watershed District must also review the storm water plan. The petitioner should also receive approvaZ from the Watershed District prior to any grading on the site. Grading and Drainage The petitioner is utilizing the two low areas in the northwest corner of the site for two proposed detention ponds which will accept runoff from the e�cpanded impervious area. The proposed building is 82,075 square feet larger than the 1987 proposal. The Engineering Department reviewed the storm water calculations and drainage plan to determine if there was a significant increase in the amount of lot coverage and runoff which would trigger another review of the EAW. The current proposal would increase the lot coverage from the 1987 proposal from 32$ 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 alI 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. r � 4CC Staff Report P.S. #$7-05, 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 Able street entrance. Truck ingress and egress will be limited to the access from the service road along 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 expanding the pavement on the south side of 73rd Avenue ten feet and adding 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 Meeting The petitioner conducted a neighborhood meeting 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. 4DD Staff Report P.S. #87-05, Target Page 5 The petitioner indicated that landscaping 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 maintaining an appropriate buffer between the facility and 73rd Avenue and replacing 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/traile special use permit for any areas be utilized for trucks/trailers, a special SUNIlKARY d on the site plan r 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 grading 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: 4EE Staff Report P.S. #87-05, Target Page 6 1. 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. 5. Primarv truck trailer access shall be Zimzted 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 Planning 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. Stipulation #5 can also be deleted. The second sentence in stipulation #3 can be deleted since the City will be constructing the bikeway/walkway. 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 following stipulations: 1. 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 plan 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. 4. Primary truck trailer access shall be limited to the entrance on the Central Avenue service road with secondary access at existing Able Street. 4FF 4GG RESOLUTION NO. - 1989 A RESOLUTION APPROVING PLAT, P.S. #87-05, TARGET NORTHERN DISTRIBUTION CENTER ADDITION WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #87-05, on May 15, 1989 and recommended approval; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their June 5, 1989, Council meeting and approved the Plat at their June 19, 1989, meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #87-05, with the stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Plat as prepared by Clark Engineering Company. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 4HH Exhibit A TARGET NORTHERN DISTRIBUTION CENTER ADDITION P.S. #87-05 STIPULATIONS 1. 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 plan 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. 4. Primary truck trailer access shall be limited to the entrance on the Central Avenue service road with secondary access at existing Able Street. m � .� F � Q W z � � O r � � m N �� r �/ �� W H Q � W t� � � Y . � i. � � �� t=� �+ t �� +. i �+ � i• � L�I„ r�� r �r W li�ss . � i� ::.d; . � � i= , � � > i =' . ! :s i � i �� • � � �_ � -I° _� r .� !� �� •.NMM� ~� ��.. 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" '.. � .' __' �'... � �.' �-.+_"'-'o ��" � � 1 ~ �� V \ `\ . ��t % , Z!\ �\ ,� f O� ` / `l / ' / A � J �-� 1 � � 2 g �`� r � � � = e. � � � s � � W• ` � � �w • .� _ _ ♦ � W, O c i > _� y � � �� 2 0 ;' � � ,� h � w . � � w . ;�� .- / t� � � / ' / .� � Y �,., U ��/ � O �"� m \'++J .� �/ �. 0 � _ < J F I Y � -- - w�w� .. . . nr sn nar M/� M/�ry/ I11 N M I� lVM NY N Y fJll /!�M M N Y A!f/ /I/) 1N N�7 /�Y 0 V > t Y s � ,.� � � n: t, r, ,_ , a � " 7 � i �? IW I1 ' � Y � W,C � < 6 I � W 0 � Y u �o H .�. 411 � � cinroF FRlDLEY 0 COINIMUNITY DEVELOPMENT DEPARTMENT M EMO RAN D UM DATE: July 5, 1989 .�IY � . To: William Burns, City Manager4�. FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Establish Public Hearing for a Rezoning, ZOA #89-03, Ted Haines Attached is the staff report for the rezoning request to rezone the property located at 7191 Highway 65 from M-1, Light Industrial and R-3, General Multiple Dwelling to C-2, General Business. The petitioner, Ted Haines, proposes to operate a snowmobile dealership and showroom. The zoning ordinance requires the City Council to conduct a public hearing for a rezoning action. Staff recommends the City Council establish July 24, 1989 as the public hearing. BD/dn M-89-360 � 4KK � �TAFF REPORT APPEALS DATE - �� A%i1N(� �li$$�i �%�� : June 2 I, 19$9 FIZIDLEY Ci:N ��i�. �fi� : July 10, 1989 �Hpq BD/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONNVG ADJACENT LAND USES 8� ZONNG UiNE$ PARK DEDICATION ANALYSIS F'yVANCIAL MPLICATIONS CONFORMANCE TO COMPREhE�NE PLAN COMPATBWTY WITH ADJACENT USES � ZONNG ENV�C�VNIENTAL f.ONSDERATIONS STAFF REC�OI�MNEt�DATION APPEALS RECONMAENDATION PLANNNG COMMISSION -RECONNAENDATION ZOA 4�89-03 Ted Haines Rezone from M-1, Light Industrial and R-3, General Multiple Dwelling to C-2, General Business 7191 Highway 65 N.E. , 1.4 acres N/A M-1, Light Industrial and R-3, General Multiple Dwelling North, M-1 Light Industrial; South, M-1, Light Industria (mobile home sales); East, R-3, Multiple Family; West, Highway 65 and M-2, Heavy Industrial (Target Warehouse) Municipal services are available to the site N/A None Industrial identified on plan Yes Property owner has complied with MPCA requirements regarding hazardous waste clean up on the site in 1984. Approval with stipulations N/A Approval with stipulations 4LL Staff Report ZOA #89-03, Ted Haines Page 2 BACKGROUND The site is zoned both M-1, Light Industrial, and R-3, General Multiple Dwelling. The M-1 2oning exists on the west half of the property. This portion has been zoned M-1 since 1958. The east half of the property was zoned R-1, Single Family. In 1963, the eastern portion of the property was zoned R-3, General Multiple Dwelling. In 1959, the City issued a building permit for Minnesota Door Company to construct the existing structure. In 1984, Kurt Manufacturing, the current owner of the property, made several improvements to the building and to the site. In November 1984, the City approved a variance to allow a reduced driveway and parking setback and approved a special use permit to allow R-3 property to be used as a parking lot. Also in 1984, Kurt Manufacturing complied with MPCA requirements to clean contaminated soils and groundwater on and beneath the property. REQUEST The petitioner, Ted Haines, is requesting rezoning of the property to operate a snowmobile showroom and dealership to be called "City Sports". Mr. Haines currently owns Forest Lake Motorsports and is the largest national dealership of Polaris snowmobiles. The petitioner also intends to sell small watercraft such as jet skis, motorcycle parts or other small engine parts in the future. Also proposed to be located in the building is Mardies Embroidering. Mardies Embroidering stitches lettering on clothing and other garments. Approximately six to eight employees are anticipated for the snowmobile operation and three to four employees for the embroidering use. Al1 activity at this time is proposed to be conducted inside the building. The petitioner also intends to remodel the facade of the building, including repainting, removing the awning on the front of the building and installing display windows along the front of the building. The petitioner is also considering installing an eight foot cyclone slatted fence for security around the property. The building is 10,800 square feet. Mardies Embroidering will occupy 3,000 square feet. The showroom will consist of 3,500 square feet and the service area will be 3,000 square feet. The remaining square footage will be office and storage areas. 4MM Staff Report ZOA #89-03, Ted Haines Page 3 ANALYSIS When evaluating a zoning request, the City should evaluate the intent and uses of the proposed district and evaluate its compatibility with the adjacent uses and zoning. While the adjacent zoning to the north and south of the subject property is M-1, Light Industrial, the character of the existing uses are commercial. To the north of the site is an automotive service station,and a vacant parcel adjacent to the industrial buildings farther east on 72nd Avenue. To the south are mobile home sales and office uses. Rezoning the site to C-2 would penait commercial oriented uses to occupy the site. Because other uses are more commercial in nature, it should not have an adverse impact on adjacent uses and zoning. The area is also well separated from the R-3 area to the east. This rezoning application also initiates an effort to rezone the properties abutting Highway 65 to a commercial zoning, consistent with initial discussions in the Old Central Avenue land use study. There are other adequate vacant land parcels zoned industrial such that the loss of M-1 zoning on these parcels would not constitute a significant loss in available M-1 property. Also, the subject property is split by two zoning districts. The rezoning action would rectify this situation. Existing Site Plan The existing site has approximately 41 parking spaces in the rear and up to ten spaces along the front of the building. This amount of space is more than adequate to accommodate the proposed uses for the building. However, if the building were to be used by a more retail oriented use occupying the entire 10,800 square feet, the zoning ordinance would require 71 spaces (1-150 square feet). Additional spaces could be provided on the site, however, providing 71 spaces cannot be accomplished. The City Attorney has reviewed this application and suggests that a stipulation be placed on the approval that future tenants must prove that adequate parking exists for the proposed use including the option of obtaining additional cross parking easements with adjacent properties. The ordinance also requires one space for every 200 square feet for a speculative building. Using this ratio, only 54 spaces are required. Given the location and nature of the site, staff does not anticipate a parking problem at this location, but the stipulation as suggested by the Attorney's Office is necessary. 4NN Staff Report ZOA #89-03, Ted Haines Page 4 The petitioner has also indicated an interest in acquiring the property to the south which would also provide additional area for parking. The petitioner has also indicated that an application for outdoar storage may also be considered in the future, depending on the volume of business that is to be conducted from the building. SiJNIl�ARY Although the proposed rezoning request will create a C-2 district surrounded by M-1 and R-3 zoning, the proposed rezoning is appropriate for the existing land uses and will initiate an effort to convert the commercially used properties to a commercial zoning. The rezoning action will also rectify a split zoning situation on the subject property. RECOMMENDATION Planning staff recommends the Planning Commission recommend- approval of the rezoning request, ZOA #89-03, for 7191 Highway 65 to be rezoned from M-1, Light Industrial and R-3, General Multiple Dwelling to C-2, General Business, subject to the following stipulation: 1. Future tenants in the building shall not receive a certificate of occupancy until it is shown that adequate parking can be provided for the proposed use. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the request, but added a second stipulation: 2. There shall be no outside storage or display by the owner and/or tenants. STAFF UPDATE The City Attorney has written an opinion (attached) as to whether the second stipulation is proper. He recommends that the City Council not include it in the City Council's motion, if the request is approved. CITY COUNCIL RECOMMENDATION The zoning ordinance requires the City Council to hold a public hearing for rezoning requests. Staff recommends the City Council establish July 24, 1989 as the public hearing date. Virgil C. Herrick James D. Hoeft Gregg V. Herrick l>f Counsel Darid P. Neti�man T0: FROM: DATE: RE: ��I�1�.�.1[�� t°��.� ATTORNEYS AT LAW MEMORANDUM Barbara Dacy, Planning Coordinator f� ' Virgil C. Herrick, City Attorney �� June 29, 1989 Stipulation on Proposed rezoning, ZOA #89-03, Ted Haines This Memorandum is in response to your inquiry on the above subject dated June 27, 1989. I have reviewed your Memorandum and the Minutes of the Planning Commission dated June 21, 1989. I have also reviewed the Planning Commission Minutes of January 27, 1988 and the Council ��linutes of February 8, 1988 as they pertain to AB Systems, Inc. 400 It is my understanding that Ted Haines has applied to rezone the subject property from M-1 and R-3 to a C-2 zoning. I understand that he intends to establish a snowmobile dealership and showroom in the building and that he might also include watercraft and motorcycle parts. In addition it appears that a portion of the building will be leased to a company that wil] be doing lettering of sports garments. The Planning Commission held a public hearing and recortunended approval of the zoning, subject to the provision that there sha11 be no outside storage or display by the owner or the tenants. Following the action of the Planning Commission the applicant has requested an opinion as to whether this is a proper condition to be placed on the recommendation for rezoning. Fridley city code, in the portion relating to the C-2 district, authorizes outside storage of recreationai vehicles, boats, etc., upon obtain�ng a special use permit (205.14 1C3). The code also states that exterior storage shall be fully screened so as not to be visible from any public right-of-way or adjoining property of a different district (205.14 762). 205.14 7D provides the requirements for screening of outside storage. .� Suite 2U5, fi401 L)niversity Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 4PP r MEMORANDUM T0: Barbara Dacy FROM: Virgil C. Herrick DATE: June 29, 1989 It is my opinion that because the code provides for outside storage, either with a special use permit or if the stored materials are screened, that a prohibition against all exterior storage would subject the city to a claim that this property was being singled out for more restrictive treatment than other C-2 property. If the city were to require a total prohibition there would have to be a factual showing that this property is different than other C-2 properties in the. city. The Planning Commission made reference to what it termed a similar condition that was imposed on AB Systems, Inc. (SP 88-01). I think there are two significant differences in that case and the present case. Number one, in the AB Systems case, the party was before the Planning Commission on a request for a special use permit to permit outside storage. In the present case the party is before the Planning Commission with a request for a rezoning. The second difference is that in the AB Systems case the Planning Commission recommended, and the Council later approved, a special use permit for exterior storage with the limiting condition that no dispiay of trucks or equipment will be permitted outside the storage yard of that property. In the present case the Planning Cortanission has recommended that there be no exterior storage on the Haines property. It is my recorr�nendation that the City Council not include the recommendation of the Planning Commission regarding exterior storage. The request for rezoning should either be approved without that condition or it should be denied. It should be r�oted, however, that even if it is denied the property owner would have the right to request exterior storage on the M-1 property. The City can deal with the possibility of exterior storage at a iater date. If the owner wishes to have outside storage on the property he would have to apply for a special , use permit and restrictive condition could then be imposed just as they were imposed on the request of AB Systems, Inc. (SP 88-01). VCH/lal ZOA 4�89-03 Ted Haines ��Q S //2 SEC. /2 C/TY OF F t2 ~f� et�tw �� R32 i i � 31 �K.n . 1 ..�. __ , —�� R� =;::�-- �---� - - ` - � • : - - -r' - - - - - • . . -T-,� . i n. ..;�T.,.ri-:,r =� � . :. �Nll�f � � i � _ , — .-' � __""' _ _ ' _ _" ' .. � h� •, i 1p ,r,�„� C�� a t. e r � i, "=•' a�`;z�, m � , , ; ,; :-• � .�. , 0 ,w • ♦ :, . ,. . ' � -' `, ... 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AUD/TORS ,AYOD/l��S/ON � B� �� V� av .�k��rd�d 6y �nde�!%i�9 o�esr�pfron V f� JEtic:Rl�7'!l�.Y T!r• 44r:t t7S Rr•t o� GK �. .iu.:�:.u' .:'�r,�n•i :ruu ::n. N•�, ..rc.vnli�n� rn r:.�i.l r�l.�r .�:� r � l.• .�:.., ..e' n�c„r.1 tn ffw• uftiu.• nf' IIM• CfMllll�� l:.r•..r�4•r. .i�r.w.� �'�Ninfit. M�:d� �::��... Sut.Tv•[ tu � 4U YMd �•iJ�� .•: i•.•� ..r,.i i.r :! i �y �•.c:�v:� �t�t d:: p•r .luru�a•n[ numfr•r.,f 1•ri.�1:, � i' . Cn c � n' � �� c � ij ,. .�`�^� �� v �i�°° �► `c �ut r�? REC�1V �� Ri, on SITE PLAN s i cinroF F�� DATE: TO: FROM: SUBJECT: C01N1MUNITY DEVELOPMENT DEPARTMENT' MEMORANDUM July 5, 1989 `�� !� William Burns, City Manager�� Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Consideration of Proposed Zoning Ordinance Amendment to Permit Churches in the M-1, Light Industrial District Steiner Development Inc. owns the University Business Center at 8000 University Avenue N.E. Attached is their written request to permit a church, Northland Church Alive International, to occupy 8, 000 square feet of the building. The property is zoned M-1 which does not permit churches as either a permitted or a special use. Staff advised Steiner Development Inc. that the Planning Commission and City Council should review this item to determine whether or not a zoning ordinance amendment process should be initiated. ANALYSTS Steiner Development Inc. provid�d information from the City of Minnetonka where a church use is permitted in a multi-tenant building owned by Steiner Development. The City of Minnetonka permits a conditional use permit in an industrial zone for "other uses similar to those permitted" in the district. Minnetonka approved that application with the stipulations that the church not exceed the requirements for retail space in the principle structure (25$) . Traditionally, churches are permitted in residential districts or in designated quasi-public/institutional districts. In the City of Fridley, previous policy for churches was that they could be located in any district within the City. The ordinance was subsequently changed to require their location in a R-1 district t�rith a special use permit. Staff's initial reaction to this request was that a church activity within industrial zoned buildings would displace other industrial uses which could occupy that area. Further, permitting a church in the district would be contrary to the intent of the district to provide areas for light industrial uses. 4UU Zoning Ordinance; Churches July 5, 1989 Page 2 In 1987, the City amended the M-1 and M-2 districts to permit commercial uses within multi-tenant buildings. Specific standards were created to limit the amount of space commercial uses could occupy within multi-tenant buildings. The intent of the ordinance amendment process was to allow commercial uses which served employees and other uses in the multi-tenant building. Limits were placed on the commercial uses to prevent industrial buildings becoming all commercial. Using this as a guideline, the City could amend the industrial districts to permit churches with the following stipulations: 1. 2. They must be located within a multi-tenant building so that a freestanding church cannot occupy industrial zoned land. A maximum percentage of building area should be established. 3. A special use permit should be required to ensure that parking and traffic activities do not conflict with other uses on the site. 4. Requirements of the building code must be met. 5. The maximum 5,000 squar square feet, Center. It square footage permitted for the retail uses are e feet. This proposed application is for 8,000 or approximately 10� of the University Business is hard to rationalize permitting a church use to have more square footage than what is permitted for commercial uses. We surveyed the cities of Blaine, Brooklyn Park, Eden Prairie, Edina, Hopkins, Plymouth, St. Louis Park, New Brighton, Columbia Heights, Robbinsdale, Minneapolis and Roseville. Minneapolis and Robbinsdale permit a freestanding church or a church use as part of a multi-tenant building in industrial districts. The majority of the cities reflect typically accepted zoning practices to locate churches in residential or institutional zones. In Brooklyn Park, churches were permitted in industrial districts until it was found that they began to occupy too much of the industrial space. The City consequently amended the ordinance to eliminate churches from the district. RECOMMENDATION Occupying a multi-tenant building is obviously a more cost effective alternative for churches. However, churches are not typically permitted in industrial districts. As in the case of Brooklyn Park, significant industrial space could be lost. The experience in Minnetonka, however, portrays the opposite example. � 4VV Zoning Ordinance; Churches July 5, 1989 Page 3 Staff recommends that the Planning Commission not amend the ordinance; however, should the Planning Commission determine that churches should be permitted, staff recommends the ordinance be drafted with the previously mentioned five standards. PLANNING COMMISSION ACTION The Planning Commission determined that the proposed request is contrary to the purpose of industrial zoning. The Commission stated that the ordinance amendment to permit retail uses in the industrial districts was to provide a service to tenants of an industrial park. The Commission stated that a church does not provide services for tenants of an industrial park. The Planning Commission also determined that a church may be more appropriate in a commercial district, but not an industrial district. The Planning Commission also asked staff to evaluate the existing uses and parking situation at the University Avenue Business Center to determine whether or not the site could be rezoned to commercial. � STAFF UPDATE Attached is an inventory of current existing uses at the University Avenue Business Center. A majority of the uses are industrial. We have reviewed the site plan and the parking calculations, and have determined that rezoning the site to commercial would mean that the property would become nonconforming as to the number of spaces required (200 additional spaces would be needed in addition to the 204 spaces provided). The rezoning would also render a number of uses nonconforming. The petitioner has developed a list of standards that the City Council could consider if the ordinance is amended. The petitioner's intent is to safeguard against abuses of the church use ;^ industrial districts. CITY COUNCIL RECOMr�NDATION Staff recommends the City Council deny the request to amend the ordinance to permit churches in the M-1 district. The proposed amendment would be contrary to the intent of the industrial district. Despite the establishment of standards to guide the location of churches in industrial districts, the use would prevent industrial businesses from occupying designated industrial space. BD/dn M-89-334 CURRENT TENANTS OF 8000 UNIVERSITY AVENUE N.E. UNIVERSITY BUSINESS CENTER Badger Screen Printing Silver Lake Auto Sales and Leasing C and C Soft Metal Casting C and J Grinding Shannon Precision Making Northstar Sumputer Toro Irrigation Space Tables Inc. Northeast Insulation Sun Ray Products Window Warehouse Paper Products Printmaster Printing a 4WW INCORPOMTED CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612 •339 •3300 28 June 1989 Barbara Dacy Planning Coordinator Ciry of Fridley 6431 University Avenue N.E. Fridlev, MN 5_i432 RE: Steiner Development Inc. Request for Special Use Permit to Allow an 8,000 Square Foot Church Facility at the University Business Center, 8000 University Avenue N.E. Dear Ms. Dacy: As the property is now zoned M-1, it does not specificatly allow churches through the Conditional Use Permit. However, the M-1 does permit commercial recreation with certain conditions ccntrolling parking, signage, traff'ic, and general compatibility. The commercial recreational uses would inctude such things as health clubs, bowling alleys, roller rinks, and bingo parlors. All of these uses have significant similarities to a church facility, especially when located in a mixed-use commercial huilding. The activity of peopte congregating in a large room to bowl, sxercise, roller skate, or play games is quite a similar land use to a congregation oi worshipers. In addition, the parking demand is different from the uses that are normally permitted. The church facility obviously has its parking demand peak during the Sunday worship hours and on Wednesday night fellowship. What is encouraging about including churche.s within the interpretation �f commercial - recreation, is that ic allows the daytime parking to be used by the other commercial facilities in the mixed-use building. With the conditions that I listea below, I believe ♦l.. •� � 1 l n...l � ��n 1.yl� t a�n��ctrj[Z�l IIZA��• R �� of n aa�Ga .al�. C�aI3i a.ia fua.uli�'� :r. :.n arpra�•:a.te�}' .c...:1.E:.. ►.a..�...•� L�� saa� •�. definite need and be a bene�t to the City of Fridley. Having churches restricted to residential properties provides little opportunity for normal church formation and expansion. Churches today are looking more for commercial settings because of community visibility, ease of parking, ease of access, and service to employees, as well as the residents. With a need for church formation, growth, and expansion, the abilit}� to lease temporary space in an office/industrial building is critical. 4XX 4YY Barb Dac.y Letter, 29 June 1989 Page 2 To allow a worship faciliry in the M-1 zone, we suggest the following conditions or guidelines that can be used in decermining the appropriate special use pennit process. 1. 'Iiie church should provide an overall plan for their membership projections and direction of their permanent building program. 2. The church should provide plans that aocommodate the associated adivities if they are part of the church program, such as day-care, and so forth. 3. The church should be located in a general multi-use building tfiat is built to attract the general public. The multi-use building should be landscaped to mitigate an ov�rly i,ndustrial �npearance. 4. The location of the building should be adjacent to an arteriat road system with reasonably easy access. 5. No more than 15 percent of the mixed-use building sh�uld be used for church activities. b. The M-1 property and the building should be included in a redevelopment district which encourages mixed-use which is usually built to a higher, more attractive standard than other ind�istrially zoned areas. 7. No regular meals are to be served in the church other than c�ccasional church servings. 8. Iv'o stand alone buildings or signs associated with a ehurch would be allowed. 9. No funerals, weddings, or other major religious events would be allowed during normal business hours. l0. The religious facility cannot be located within l00 feet of a bar or tavern. 11. No permanent resi3ence is permitted within the church. 12. No overnight guests are allowed except under emergency conditions dedared by cithe: the City of Fridley or the Red Cross. . 13. Only a minimal (32 square feet) display of religious symbols would be allowed on the exterior of the building. 14. No exterior sound device would be allowed. 15. No bingo or other public fund raising events are to be held at the worship facility. Sincerety, DAHLGREN, S LOW, U AN, INC. r � � C. Uban, Vice President 4ZZ ,, � Steiner ��. � � Development, Inc. 3610 South Highway 101 Wayzata, MN 55391 (612) 473-5650 May L9, 1989 Ms. Barbara Dacy Planning Coordinator City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432-4384 Dear Barb: As owners of the University Business Center located at 8000 University Avenue N.E., we are petitioning the City to allow a church into our M-1 zoned property. The church, called Northland Church Alive International, is seeking a five year lease for approximately 8,000 square feet in the 83,700 square foot building, with immediate occupancy subject to City approvals. We recognize that current M-1 zoning makes no reference to churches, but we feel that church use is not incompatible with our building. First, our building is zoned for a multitude of uses, ranging from warehousing, to light manufacturing, to retail, to pure office. Second, we have ample parking for the use, especially since the church's use is at nights and weekends. Third, our building is adjacent to primarily commercially zoned buildings, which by ordinance, a church is allowed. Fourth, we already have a church in one of our multi-tenant buildings in an industrially zoned district of Minnetonka. We have found that church to be a good tenant, neighbor, and citizen in our project and Minnetonka. I have enclosed a site plan which depicts the desired location in the project and some history of Northland Church Alive International. If you have any questions, please call me. We would appreciate a prompt and impartial hearing on this matter. Respectfully submitted, STEINER DEVELOP1iIENT, INC. David L. Kordonowy DLK/wsc r, / r��f rs///.�/�/ii��.�.�.� ��.I�t � 11 ��i:�i�i�i i �i�� ♦��• �_/� �,1 ►��►�� •��• ►��►�� Q, � ♦��♦ � � ►�� 1 � � . ►��+��1 � ; . ��,�� — . .. n � � ' •��- - - - - - - - ►� i�� .�-- 1,� 11� � ��'�'�� " � � �'�// f��r�♦ O�♦ ►'�� i.r.�/. f'yIi' . 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V K / O t �' �3` ° / ' , � �a� o V F � � 4 ,.. . . � „ ,,,,,,,,,,°, : .• a,,,,,-- -•,,,,,, ,,,,,,,,, „ v. so " s; �,,,.. a�..��♦ : r�:' --Sd6.69 Y.wt afwr� s..1� . . Maws.^' Vlw�.��[ iqM��R• � 0 Y > i r N r„ �n � •I/. /i �_ •-°rtir tnvs tor.� a��7 t 0 �: � ti+�l�'i�� 1 F � �� + �Y"R' �r ��O�r� �{'�!�"_ ��f�.'��v�is ! � � . . . .. _. __ ... _ _. _ . _ _ �� o��a��cc Zoning Ordinance Sectioa 300.20. Page 92 SECTION 300.20. I-1 INDUSTRIAL DISTRICT SUBDIVISION 1. . PIIRPOSE. The purpose of the I-1 district is to provide a district for industrial uses in areas so designated in the comprehensive plan. Development within the district shall be regulated through the performaace staadards outlined in section 3U0.28 of this ordinance to promote sensitive site design and to mitigate ezternal site impacts. SIIBDI4ISION 2. PERMITTED IISES. Within the I-1 district no structure or land shall be used ezcept for a warehouse, storage, manufacturing, processing, service. wholesale or research use occurring within an enclosed building, ezcept as provided for in subdivision 4. SIIBDIVISION 3. ACCESSORY IISES. Within the I-1. district the following uses shall be permitted provided they are subordinate to and associated with a permitted use: a) b) offices not ezceeding 50 percent of the gross floor area of the principal structure; living quarters for securit� personnel. provided they are located within the principal structure; c) overnight outside storage of vehicles, provided the vehicles are associated with the business and are acreened from view from residential properties or public views; . d) outside storage, including fuel storage, prov-ided it is acreened from general public view; • e) retail or service uses not eYCeeding 25 percent of the gross floor area of the principal structure; f) receive-only satellite dish antennas and other antenna devices up to a masimum height of b0' es measured from the ground upoa which it is located subject to the requirements found in section 300.28, subdivision 13; . (Amended by Ordinance 88-517, 9-19-88.) g) other uses customarily associated with but subordinate to a permitted use, as determined by the city. SIIBDIVZSION 4. CONDITIONAL IISES. Within the I-1 district no land or structure may be used for the following ezcept by conditional use permit and in conformance wlth the standards contained in �ectioa 300.21 of this ordinance: m ��o��T�- : "• K a) b) c) d) e) f) 8) h) heliport; ._ _ .._... . . 4DDD - -� Zoaing Ordinance . Section�300.20. Page 93 retail, or service uses occupying between 25 and 50 percent of the gross area of the principal etructure; cemeteries; mariaas; . public buildings or facilities; transient sales; vehicle towing businesses; auto body repair and painting businesses; (Amended by Ordina.nce 88-500, 7-20-88.) i) transmiasioa towers and other antenna devices and related facilities located over 60' in height which are not freestanding as measured from the ground upon which it is located. Facilities allowed under this section must be located on ezisting or proposed structures allowed as a principal or conditional use in this district and/or upon public structures; . (Added by Ordinance 88-517, 9-19-88.) j) free-standing transmission towers and other antenna devices over 60' in height as measured from the ground upon which it is located; or (Added b� Ordinance 88-617� 9-19-88.) - k) other uses similar to those permitted in this section, as determined by the city. SIIBDIVISION 5. DISTRICT STANDARDS. ,No building or land ia the I-1 district shall be used eYCept in conformance • with the following: a) building height: masimum of 35 feet. b) front yard streets and collector or comprehensive 7-20-88) setback: miaimum of 35 feet from local b0 feet from railroad lines and from arterial roadways as �desigaated in the plaa. (Amended by Ordinaace 88-500, .. 0 � � - � 4EEE e Zoning Ordin�ance Section 300.20. Page 94 ' c) side and rear yard setbacks: minimum setbacks shall be in accordance with. the Following when measured from land designated accordingly in the comprehensive plaa: . 1). 70 feet from low density residential; 2) 50 Feet from medium and high density residential; 3) 30 feet from commercial, office and institutional; 4) 20 feet from industrial and public park. d) floor area ratio: masimum of 1.0. e) lot coverage: magimum lot coverage shall be 85 percent and shall be calculated to include building footprints; parking areas; driveways; loading, storage and trash areas and other areas covered by any impervious surface . f) access: by permit from the appropriate public authority with principal access from a collector or arterial roadway as desigaated in the comprehensive plan or a street specifically designed to accommodate industrial traffic. g) Trash enclosures or accessory buildings not to ezceed 600 square feet in size shall be located behind the front buildiag line of the principal building. Setbacks shall be equal to the parking .setback as specified in aection 300.28, subdivision 12 b) 4). (Amended by Ordinance 88-500, 7-20-88.) SUBDIVISION 6. ADDITIONAL REQIIIREMENTS. a) All developments shall be subject to site and building plan review pursuant to section 300.27 of this ordinance. b) All developments shall comply with the Wetlands. Floodplain and Shoreland regulations� contained in sections 300.23. 300.24 or 300.25 of this ordinance. c) Parking shall be 'regulated pursuant to section 300.28 of this ordinance. d) All developments shall comply with the city's ' stormwater management plan. e) Signs shall be regulated pursuant to section 300.30, et seq. of the code of city ordinances. � i� �� ii �� ■■ ■■ ■■ ■■ `� �ii \\� �% orthldnd �'hurch c�live Inte��tion��l `�� May 18, 1989 To Whom It May Concern: In 1980 we started a church in Duluth. Also, we started outreach Bible studies. As a result of the Bible studies we found a great interest from the people in Grand Rapids. In 1981, we then esta- blished a church in Grand Rapids which grew to 300 people. In 1982 we turned the church in Duluth to another pastor and we moved to Grand Rapids. In 1988 we started a church in the Minneapolis area. Many of our former church members from Grand Rapids had relocated and expressed an interest in supporting a new church in the Minneapolis area. Presently we are meeting at Armstrong High School, Plymouth. We have 75-80 people in attendence. We are presently looking to lease or purchase a facility here in the Twin Cities area to house our church family. If you need any further information, please don't hesitate to call. Thank you, Dennis Theodorson, D.D., Ph.D. 4FFF P.4STORS: DR. DENNISR. & SYLI'1.9 TH£ODORSON P.O. BOX34010. Minneapolis. A�innesoto55434 671-757-219�5 � � %i �\ f� �� ■� ■■ �� ■■ i� // \\� �% orthland �hu�h c�live Inte��tio�al �� TENETS OF FAtTH Covenant Minisiries Intemational, lnc. was founded upon the following priri�iples and convic�tions� and its programs, activities and operations will, at alt times, be based upon tho same. TENETS OF Fa1TH AN� D�C3CTRINE The Corporation accepts the Scriptures as the revealed w�!I of God, the all-suNricient n�lo of faith and practice, and for the purpose of maintaining general uniry, :�c;opts these statements oi funciamen- tal truths and doctrine. SECTION 1 -THE SCRIPTURES INSPtR�k� The Bible is the inspired Word of God, a revelation from God to man, tho infa(libte n�fe of faith and conduct, and is superior to conscience and reason, but not contrary to re�on (il'Timothy 3:15-17; I Peter 1:23-25; Hebrews 4:12). SECTION 2-THE ONE TRUE GODHEAD The triune Godhead is comprised of th�ee separate and distinct personalities; the Father, the Son and the Holy Spirit, who are etemaliy self-existe�t, seif-revealed and funcilon 2s ons entity. Jesus Christ, who is God manifested in the ftesh, is the second member of the Godhead, co-equal and co- eternal with the Father and the Holy Spirit. SECTION 3- MAN, HIS FALL AND REDEMPY'lON Man was created good a�d upright, for God said, "Let us m�ke. man (n our imac�s, after o�r like- ness." But, man, by voluntary transgression, feli and his on!y ha�e o� r�demption is in Jesus Christ the Son of God (Genesis t:26-31, 3:1-7; Romans 4.12-21). SECTION 4-THE SALVATtON OF M/�N A. Ma�'s Oniy Hope of Redemptlon is Through the Shed B(ood of Jesus ChrisL 4GGG P4STORS: DR. DENNISR. & SYLI7.4 TH£ODORSON P.O. BOX34010, Minneapolis. Minnesota55434 61?-757-2198 On the cross, Jesus Christ became sin and sickness providing both salvation and d(vfne heaiing for all mank(nd, (Psaim 103:3) being justified freely by His �grace through the redemptlon that is In Christ Jesus. For by grace we are saved through faith. 'The word is near you. in your mouth and in your heart - that is, the word of faith which we are preaching, that if you confess with your mouth Jesus is Lord, and beiieve in your heart that God raised Him from the dead. you shali be saved; for with the heart man betieves, resulting in righteousness, and with the mouth he confesses, resulting in salvation" (Romans 3:24; Ephesians 2:8; Romans 10:8-10). 8. The Evidence of Salvation The inward evidence, to the believer of his salvation, is the direct witness of the Spirit (Romans 8:16). The outward evidence to all men is a life of righteousness and true holiness. "And this is His commandment, that we believe in the name of His Son Jesus Ch�ist, and love one another. Just as He commanded us" (I John 3:23). C. Faith and Works Salvation is by faith in Jesus Christ and not by human works; however. our works wiil determine the rewards in etemity (Acts 16:3; Romans 10:9-10; Ephesians 2:8-9; Titus 3:5-7; Romans 14:20- 21; and il Corinthians 5:10). SECTION 5- BAPTISM IN WATER The ordinance of baptism by burial with Christ should be observed, as commanded in the Sc�ip- tures, by all who have really repented and in their hearts have truly believed in Christ as Saviour and Lord. in so doing, they have aiso been raised with Him to walk in newness of life (Matthew 28:t0; Acts 10:47-48; Romans 6:40). SECTION 6 -THE LORD'S SUPPER "And when He had given thanks, He broke �. and said, This is my body which is for you. Do this in remembrance of ine.' in the same way aiso the cup, after suppe�, saying, This is the new covenant in my blood. Do this. as often as you drink �, in remembrance of ine.' Let a man examine himself. and so eat of the bread and drink of the cup" (I Corinthians 11:24, 25, 28). SECTION 7- THE PROMISE OF THE FATHER All believers are entitled to, and shouid ardently expect and eamestiy see, the promise of the Father. the baptism in the Hdy Ghost and �re, according to the command of our Lord Jesus Christ. This was the normai experience of all in the early Christian church. �th it comes the endowment af power for life and service, the bestowment of the gifts and thei� uses in the work of the ministry (Luke 24:29; Acts 1:4-8;1 Corinthians 12:1- 31). � 4HHH SECTION8-THEEVIDENCEOFTHEBAPTISM OFTHEHOLYSPIRIT The full consummation of the baptism of betievers in the Holy Spirit is evidenced by the initiat physi- ca! slgn of speaking with other tongues as the Spi�it gNes utferance, and by the subsequent manifes- tation of spiritual power in public testimony and service (Acts 2:4; 10:44�6;19:2-6; 1:8). SECTION 9 -THE CHURCH The church is the body of Christ, the habitation of God through the Sptrit. with divine appoiniments for the fulfitlment of her great commis§ion. Each believer, bom of the Sp(rit, is an i�tegral part of the general assembiy and church of the first bom, which are written in Heaven (Ephesians 1:22; 2:19-22; Hebrews 12:23). SECTION 10 - T�TAL PROSPERITY a spiritual John 3:3,11; II Corinthians 5:17-21; Romans 10:9-10. B. Mental II Timothy 1:T; Romans 12:2; tsaiah 26:3. C. Physical isaiah 53:4-5; Matthew 8:17; I Peter 2:24. D. Financial fll John 2; Malachi 3:10-11; l.�ke 6:38; U Corinthians 9:6-10; Deuteronomy 28:1-� 4. SECTION 11- BLESSED HOPE Jesus is coming again to gather His saints to Heaven (I Corinthians 15:51-52; I Thessalonians 4:16-17; II Thessalonians 2:1). SECTION 12 -THE LAKE OF FIRE Those who have not accepted the �edemptive work of Jesus Christ will suffe� etemal separation irom the Godhead. The dev� and his a�gels, the best and the faise prophet, and anyone whose name was not found in the Book of Ufe. shall be consigned to everlasting punishmerrt in the lake of fire which bums with brimstone. This is the second death, the lake of fire (Revelation 19:20; 20:10-15). SECTION 13 -THE MILLENNIAL RE1GN OF JESUS The retum of our Lord Jesus Christ with His Saints from Heaven to rule and �eign for one thousand years on earth as the Scriptures promised (Romans 11:25-27; II Thessalonians 1:7; Revelation 19:11- 18; 20: i-7j. After this. there shat! be a new heave� and a new earth (fievelailon 21). - � 4111 Y . ,,,;� . . �. � r, ■ ■ 4JJJ z�r oak r� R�a: Ed��,., . t; oeezo (201) 769•7300. Fax:201•769•168e CRITERlA FOR CHURCH/MINISTRY MEMBERSHIP WITH • COVENANT MINISTRIES INTERNATIONAL, INC. Covenant Ministries Intemational, Inc. is an association of churches, ministries and ministers. Only those that believe in and follow Covenant Ministries IMemationai, Inc.'s Tenets of Faith and share the same mission and vision as proctaimed in I Corinthians 1:10, are eligibte for fuil membership with Covenant Ministries International, inc. Member churches are also eacpected to financially support the ministry of Covenant Ministries Intemationai, Inc. according to the p�edetermined amount. Every member must acquire and maintain the tax exempt status provided under Section 501 (c} (3) of the In- ternai Revenue Code of 1954. In addition, each member must operate exclusively fo� etther charitable, rel+gious or educational purposes. Section 170 (b) (1) (A) (i) of the Internai Revenue Code defines the opera- tions of a"Church" and members must operate within the parameters of said definition. Members must be and remain a legal corporation with a duly appointed registered agent, preferabiy its Pas- tor. The Pastor must hold a cunent Ordinatton Credential by Covenant Ministries Intemationai, inc. The local corporation must adopt Artictes of Incorporation and have By-Laws which cortform wiih Covenant Minisiries International, Inc.'s Constitution 8� By-Laws. The corporation must elect directors and officers in accordance with the aforementioned By-Laws and keep written minutes ot alt meetings. The corporation must hold at least an annual meeting. Members must open and maintain a depository bank account with designated authorized signatures. Mem- ber churches/ministries must be willing to'submit to an initiai financiai review by an independent auditing firm of Covenant Ministries Intemationai, inc.'s choice, in an effort to give churches/ministries guidance toward proper fiscal accountability, and before said application wiil be accepted. Furthermore, each member church/ministry is expected to have an annual audit of its fiscal affairs by an independent auditing firm of tts own choosing. Every application fo� full membership must be accompanied by a payment of $ Upon approval of the appiication and payment of aforesaid fees, Covenant Ministries intemational, Inc. wiil issue a member church a certificate from Covenant Ministries intemational, inc. with its logo. Covenant Min- istries Internationai, Inc.'s officers and representatives, appointed by the International Office, are prepared to assisi the members with counseling, guidance and prayer at the member's request. Application for church/ministry membe�ship with Covenant Ministries International, Inc. must be submitted to the Executive Office and each applicant will be considered on its own merit. Members must accept these written terms of inembership. Covenant Ministries Intemational, inc. has the right to revoke a church's/min- istry's membership when the member does not abide by the guidelines and goals of Covenant Ministries In- ternational, Inc. : •-�`� . .. � r� ■ ■ 4KKK 2177 Oak Tree Road: E�ison. fYew Jr `s�,._ •` 12011769 •7300. Faz: 201 •769 •1688 BENEFITS AND ADVANTAGES oF COVENANT MINISTRIES INTERNATIONAL, INC. MEMBERSHIP Those considering membership in Covenant Mi�istries Intemational, Inc. may legitimately inquire as to what advantages or benefits are to be derived by becoming a part.of the organization. Specifical- ly, Covenant Ministries Intemational, Inc. plans to provide: 1. Accountability Submission to authority is gravely lacking in the ministry. The sc�iptual concept is: 'There can be no authority where there is no submission" (Matthew 8:8-10). AccountabUity is reciprocal. CMI must be accountable to its members, and ali members must be accountable to CMI. The founding trus- tees of CMI are committed to this covenant. Member churches/ministries must compiete a thorough application which states that their ministry maintains complete and cunent records and is in good standing with the Intemal Revenue Service. This sets our accountability standards high, both to the govemment and ail others that may be concemed. 2. BlanketCoverage CMI wiil offer a group tax exemption for a limited period of time fo� new churches/ministries. This bianket coverage is from the beginning of a new church's/ministry's association with CMI until they obtain their own tax exemption. CMI wili hetp, by legal counsei, to provide the necessary steps in the obtaining of the new ministry's tax exemption. The member church/ministry is responsible to report to CMI's accountant. Professional accounting services can be provided, but the cost witl be borne by the individual appiicant. Further details can be obtained by calling the office. 3. Restoration Counseling Our goal is to create a Galatians 6:1 atmosphere of restoration. Restoration counseling wiil be im- mediate and ongoing in the areas of FAMILY COUNSEUNG and MINISTRY COUNSEUNG. Hotlines are already estabiished to handle ali member counseling in strictest confidence. We wiil expand our help to non-member counseling as time permits. 4. Avenue ofi Licensing and Ordination Licensing and ordination will be.established upon a recommendation and supporting documenta- tion basis. However, the scriatural pattem we will follow is "lay hands on no man suddenly' (I Timothy `� 4LLL 5:22). Appiicants must be sponsored by a member of CMI, and their apptications wili be reviewed. They may also be asked !o compiete a Bibiicai knowledge test. Educational requirements, as well as other standards, wiil be established. CMI will recog�ize and transfer a prior orciination that is deemed reciprocal by the Credentials Committee. 5. Mediation CMI will mediate on a scripturai (not legal) basis regarding decisions and problems thai sffect the local church. CMI will not seek to set rules within the local church and will not be responsible for the implementation or the direction of any decisions by this mediat(on service. 6. Equity CMI wiil establish a group heaith and life insurance programs at favorable rates, retirement and IRA plans and other equity benefits for CMt members i.e. credit union. CMI believes that members shouid share in the prosperity the Lord has for each of us and shed the unscripturai poverty men- tality in the ministry. 7. Missions CMI has a heart for missions and the spreading of the Gospel throughout the wo�id. CMI wiil pooi resources and ministries for a truly united missions effort. Member ministries wiii send healing teams, evangelists, Bible teachers and medical missionary teams to take the Gospel of Jesus Ch�ist to the worfd. 8. Communication Regular periodic conespondence and materials designed to help the church/ministry fulfill its mis- sion and vision witl be abailable. 9. Certificaiton of Traveling Ministries Representatives available for ministering on a local level. 10. Edification Representatives from the locai to the state level coordinating organization events and activities, and keeping all members ir�formed through correspondence, contacts, inspiration and the general promotion of group feilowship. 11. international Convention An annual intemational cornention at a location to be announced. The benefds enumerated above, upon anaiysis by the true Christian, certainly sho�ld provide more than enough incentive to become a part of Covenant Ministries Intemational, inc. However, perhaps the greatest benefds to be derived by becoming z part of this Christian organization are those to be obtained through the ir�teraction with your feilow Christian. For exampie, the sharing of expertise, Christian experiences and love, and piaying a general part in the promotio� of a Christian way of life, at( may provide rewards to the individual iar beyond anything that one might obtain of a material na- ture. 3 � � 4MMM � N�orwgst��k M�il� ta Notth, N.A. ��S 22Q Ht�at A�+sntre Nortlnr+est , Gtand Aap�ds, Mlrureaota 55744 � 218/326�8527 " April 17, 1989 To Whom It May Concera: Re: Narthl�.nd Church Alive' . PO Box 3337 Grand Aagida A'�t 55744 ' (previously identified as Faitk Christiaa Fellowship, Iac.:�of same �.ddress) � At the request of the above captioned borrower Y am identifying the loan relationship between Norwest B$nk Min�esata North, Nat�ona.l , Association, Gra�d Rapids Office, and Northland.Church A].ive. It.was estiablished in 1985, with a low 6 figure:at that time, secured by a Ist xeal �state Mortgage oa their property. The.�onthly paytaeats have been paid as agreed for the p.eriod of �he loan. Zf I can be of nny help.�with additional dialogue, pl�ase contact me at 224 NW ls� A�re. Grand Rapids MN 55744. Auy iaquiries must be accaiapanied by an authorization irom the borrower.in written form. Sinceraly, ��GE�`--'� Ku8s Walk Vice President RLW: 8b � I hereby au�horize the release of the abave information. . I� . . /� (Si ture)� � „/�. >•� � �� " . . (Date) �j ROBBlNSDALE AREA COMMUN►ZY EDUCATfON CENTCR 4NNN 4139 Rtgrnt Avcnuc North Robbinsdale, Minntsota 55422 (612) 535-1790 April 18. 1989 To Whom It May Concern: Northland Church Alive has been renting space in Robbinsdale Armstrong High School from August, 1988, to the present. They have consistently been on time with their payments and we have enjoyed our business relationship. Sincerely,. �'u.�.+.:e� :� C��-,_.�- Carroll G. Vomhof, Ed.D. Director Community Education and Facilities pr I�` INDEPENDENTSCff00[ QISTRtC7281 Rob6iwsdale Ares St600ls /sarwiw� jw a liJ�tiwt oj s►ivwiwE z « xT S�r � .« Q d V s o� � � � �� M`l Z� � Z� �� r'tiI � � � �� an u a w u � .� e�9t, 0 a � �� c� � � >. �� m° �� « «Q m�� T� C O C io t � � oo� � �v a�i � m�� on �m� C � � C c � � t = C � � a � � � \ : . \ � � � � 1 �. � m � � � m � � v � � t � Z Q � � y��trie� c L� ° � G v �. G�` � � � �a �� z V c � o • �'�~� • � ��o oL�m �� `oo . v �om`a��, r E�5 �W o�m� .L. �gjL m Y1 � U C _� m� .q �3ao � r V � � m � �� N O � O O c � � r c oa��, �c 'Q r � � � � v � ��m m £mc� � « L W � C � / aco� m ° m � C � � Ar � - Q J � « � u �`a s � � � � � W N ' ••�J �► s cmroF f�� C4l1IiMC,iNITY DEVELOPMENT DEPARTMENT MEMOR.ANDUM DATE: June 29, 1989 \� . � TO: William Burns, City Manager �rN FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Steven Barg, Planning Assistant BIIBJECT: Consideration of Human Resources Recommendations for Allocation of Funds/Resolution Authorizing the into Contracts with Recipients Commission 1989-90 CDBG City to Enter On June 1, 1989, the Human Resources Commission (HRC) reviewed the CDBG proposals and developed its funding recommendations. (An attached table shows each applicant, the amount requested, and the HRC�s recommendation.) The Planning Commission approved the HRC minutes at its June 21, 1989, meeting without requesting changes to the CDBG recommendations. HRC Chairperson, Susan Sherek, will be at the City Council meeting on July 10, 1989, to answer any questions about the recommendations. Attached is a proposed resolution authorizing the City to enter into contracts with recipients of the funds. Anoka County requires that separate contracts must be signed by the City and the organization for each individual grant awarded. �ecommendation Staff recommends the City Council adopt the HRC recommendations as presented and pass the attached resolution authorizing the City to enter into contacts with each recipient. SB:ls M-89-366 � RESOLUTION NO. -1989 RESOLUTION AUTHORIZING AGREEMENTS BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1989 FEDERAL COMMUNITY DEVEIAPMENT BLOCK GRANT FUNDS FOR HUMAN SERVICES ORGANIZATIONS ' !� � !� WHEREAS, 1989 Federal Community Development Block Grant (CDBG) monies have been made available to the City of Fridley; and WHEREAS, Anoka County Officials administering CDBG funds require that the City enter into a contract with each provider of services; and WiiEREAS, at its meeting of June 1, 1989, the Fridley Human Resources Commission recommended 1989 CDBG funding to human service organizations as listed below; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FRIDLEY authorizes the Mayor and the City Manager to execute agreements between the City of Fridley and the following organizations for the provision of human services in accordance with Federal CDBG regulations: Organization _ AmourLt Puraose ACCAP (Senior Outreach Worker) Central Center for Family Resources Southern Anoka Commmunity Assistance Family Life Mental Health Center North Suburban Counseling Center Alexandra House Fridley Senior Center Association for Retarded Citizens (ARCj Community Emergency Assistance Program (CEAP) Church of St. William , 5�� $ 6,000 � y� � 5,0 � � 3� 4, 4� 3,500 2,500 1,000 1,000 F'unding of Senior Outreach Worker Counseling services Direct financial Assistance Counseling services Counseling services Community education program Senior Companion Program. Funding of drop-in center Direct fi"nancial assistance 1,000 Funding of food shelf l � c ; �-, ; �'',t,�.,�.� � �, ��,v�XJ �� 4RRR RESOLUTION NO. -1989 PASSED AND ADOPTED BY THE CiTY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK � WILLIAM J. NEE - MAYOR 0 0 4SSS �L�A�T RESOURCES COI�IISSION RECOMMENDATIONS FOR ALLOCATION OF 19$9-90 CDBG FUNDS • Amount Amount Rec. for Requested Fundina * A.C. Association for Retarded Citizens $2,900 $1,000 N.S.C.A.H. 1,500 0 Central Center for Family Resources 5,000 5,000 Family Life Mental Health Center 5,000 4,534 North Suburban Counseling Center . 5,000 4,534 North Suburban Rinship Program 3,0�0 0 RISE 5,000 0 Community Emergency Assistance Program 5,000 1,000 Southern Anoka Community Assistance 5,000 5,Op0 St. Williams Church 1,000 1,000 Alexandra House 3,500 3,500 Little Voyageurs' Montessori 1,000 0 Fridley Senior Center 2,500 2,500 ACCAP - Senior Outreach Worker 7.724 6.000 TOTAIS $53,124 $34,068 ** Recommended funding amount of $1,000 to be used for the drop-in center only. N Z O M � a4 N � z 0 U � E M 'Z � u �0000000 000 00.0. ��0000000 000 00�0 � � m�,a00000 � �,00. o�,�.o .� .��1 Cl � Nf N 111 ri Y"1 U1 rl rl IN l'1 Y1 !'� !� � � a y � - N pm O O 111 O O O O � � � � � � U 1� O o O O O O O o O O O� o O► ao a a o � o o iv .-i o � � o o r+ ` �. a .a ao 3� ri ri .r ri r+ .� er e� � � � � y O 0 � � • O r1 O 1!f '� � C O 1�1 O O e-1 N O � O O� O O► t0 tad Pf �i If1 .i P1 �i t�f !1 10 1�1 N p� �9 N � .� N � y O O O t� O O P O a0 O 111 C O O O CD O C QO �O 41 • • • • • • • + Cp yd PI Pf N N N �-1 N � � � '"� 01 t7 N► � N .i ��G! 1A O O O� O 01 O W O �0 U i+ aD o o �o ie1 �D o ao o r c� o o co � v► �n e�, o .-� in A .� . . . . . . ao f.� �. e�, e�f r+ .-r v a � O+ C7 P N y � G�C! t0 O O O � N N � C iL N O O O �" � CO 3%i \ e'1 1r1 N a N .��i O� U' � Vf �tll 'i �� p o o O o C1 J.� O� O Il1 IA O O � � � .-1 �-1 O O V V �1 � a � -•�+ vs rl y � � a o� .� w m m o o m � c c � w a ►+ � t�+ m ►+ � � u°� � t°1i c�' m tpi c a m a� ,� d m a a► �+ .c o m s+ •i � a �.+ a b a u,� �> u g :° a s .. �o � W°. �.�u m o� e a x w >+ m-.i .,. m.+ m w 1r ..i � 8.�+ b s a a,+ u► .-� a N a.•� 1r At R �C a1 Q L� � 01 +1 � i� N � �`" '-�° �. x�� a c m u � g a al l+ .i U' �-1 C G � C C Ir a o.-� c a- m o o�.+ a a► a o E+ �.�1 m i� 10 U V C� A4 d CJ C� N �N O 3� 3 i.ai m y C G C C m Q t�l i0 Z 7 ti 41 41 :C 41 i0 �0 'O i0 i0 � 41 i0 ?C �C O O a� ai H b� A .Q Cf A A ai N {I O �i ►i � C � n� W m i0 ir 1a A� i� la � �•1 LI � O � i0 � �.�1 w >. � O � A � � � +a'i i� F � �o a .� o � a > � Nu � � � u o� � x c ..+ a .c a a. • � ti � ++ ++ • a axi o°, � a� a a"+ �� ai°c �� b o°7o c c� ° � � u t�3 u° w a z° x a°� z° a a v�i v�i a°� 4TTT � � 0 � � � ri � � � � �/\� � / �LANNING COMMIBSION I�iEETING. JIINE 21. 1989 - PAGE 13 4UUU qo with the other uses in the building, and are back to the question of whether a church should go in an industrial park. Mr. Uban asked if the City can ue changing the ordinance or make a zoning district cha with a mixed use district with special ratios which al unique situations to exist and exist well. Ms. Betz encouraged Mr. Uban to work with staff and felt they could ome up with an idea that would work. 5.� CONSIDERATION OF HUMAN RESOURCES COMMISSION RECOMMENDATIONS FOR ALLOCATIONS OF 1989-90 CDBG FUNDS Ms. Sherek indicated that the recommendations of the Human Resources Commission for allocation of funds is as shown on agenda page 5A. Ms. Sherek stated RISE was not approved for funds because the funds were for capital improvements. When RISE came before the Commission, the Commission members indicated they would not be giving them capital funds. Ms. Sherek stated the Kinship program is a befriending program much like the senior program so only one was funded. The senior program was preferred because they had acquired 75$ of their funding before approaching the Commission. Ms. Sherek stated the Little Voyagers Montessori School was requesting funds for scholarships for their school and the Commission didn't feel this would be going to needy people. 0�i TIQN by Mr. Kondrick, seconded by Mr. Barna, to recommend to City Council approval of the Human Resources Commission recommendations far allocation of CDBG funds for 1989-90: 0 Amount� Amount Rec.for Reauested �'undina ** A.C. Association for Retarded Citizens $2,900 $1,000 N.S.C.A.H. Central Genter for Family Resources Family Life Mental Health Center North Suburban Counseling Center North Suburban Rinship Program 1,500 � 5,000 5,000 5,000 4,534 5,000 4,534 3,000 � � �� 4VVV PI�ANNING COIrIIdI88ZON lIEETZNG. JIINS 21. 1989 - PAGE 14 RISE 5,000 0 Community Emerqency Assistance Proqram 5,000 Southern Anoka Community Assistance 5,000 St. Williams Church Alexandra House Little Voyaqeurs' Montessori Fridley Senior Center ACCAP - Senior outreach Worker TOTALS 1,000 3,500 1,000 2,500 7.724 $53,124 1,000 5,000 1,000 3,500 0 2,500 6.000 $34,068 ** Recommended funding amount of $1,000 to be used for the drop-in center only. IIPON A VOICE VOTE, ]�LL VOTING 71YE � CBAIRPERBON BETZOLD DECLARED �TB� MOTION CARRIED IINANIMOUBLY. / Ms. Sherek stated this would be before the City Counc' at their meeting of July 10. 6. RECEIVE THE MINUTES OF THE HUMAN OF MAY 18. 1989 OTION by Ms. Sherek, seconded by Mr. 18, 1989, minutes of the Human Resou; IIPON A VOICE VOTE, l�LL VOTING AYE, �! MOTION CARRIED IINANIMOIISLY. / t'�rick, to receive the May Commission. IRPERSON BETZOLD DECLARED THE 7. ECEIVE THE I ES OF E SOURCES vMMi 'lvtv �;�• � � OF JUNE 1. 1989 O ON by Ms. Sherek, econded by Mr. Kondrick, to receive the June 1, 1989, minutes o e Human Resources Commission. IIPON A VOZCE VO � ALL VOTING 71YE � CiIAZRPER80N BETZOLD DECLARED T8E M0�'I'ION CARRI IINANIMOIISLY. 8. Mr ondrick stated that, at the June 5th meeting of the Parks and creation Commission, Mr. and Mrs. Del Pettis requested funds in Y . 0 0 tITY OF 1rRIDLEY 8VMli�T jt880URC$8 OOMMISSZO�T YS$TI�TG� JII�T$ 1� 1989 4WWW ------------------------------------------------------------••--- �� • �_� Chairperson Sherek called the June 1, 1989, 8uman ltesources Commission meeting to order at 7:30 p.m. ROLL CALL: ,Members Present: Members Absent: Others Present: Sue Sherek, Sue Jackson, Paul Westby, LeRoy oquist Bill Campbell Steven Barg, Planninq Assistant APPROVAL OF MAY 4, 1989. AND SPECIAL MAY 18. 1989. HUMAN RESOURCES SOMMISSION MINUTES: MOTION by Ms. Jackson, seconded by Mr. Oquist, to approve the May 4, 1989, and Special May 18, 1989, Human Resources Commission minutes as written. IIPON 71 VOIC$ VOTE, 11LL VOTII�IG 11YE, L'SAZRPERBON BBERElC DECL�RED T8E ![OTZON Cl�RRZBD IINANZId0�8LY. l. OLD BUSINESS• b. Dpdats on Obsolete 6fgnaqe Mr. Barq stated he had first talked to Sue Irber from the Personnel Department, and she said the only person doinq summer intern work who could possibly be available for researching obsolete signaqe in the City is an Enqineerinq Intern in the Public Works Department. Mr. Barg stated he �alked to John Flora, Public Works Department, who has set it up so that this person will work for six �onths (starting in June) in the Public �lorks Department. It is possible that this individual will have time to work on the obsolete siqn project fn the fall and assist t�ith putting the information on the computer. lir. Barq stated he will keep in touch with the Public Works Department and t�ill keep the Commiesfon posted. 4XXX :�� ;` _ • �1� �= = .. � _ . �: - 1�1�l=- � a. �it�vf�� CDBa �roposais/D�t�rsin� ?naainq �t�ooaa�ndations I+Is. Sherek stated -the tommission �aembers �ust make recommendations on the CDBG iundinq, and this recommendation t�ill go to the City Council on July 10, 1989, for their final recommendation. I+Is. Sherek stated the iundinq requests total $53,124 and the CDBG funds available total $34,068. ?itt�e Vovaaeurs� Montessori - reguestina S1.000 Ms. Sherek stated it appeared that, at best, they vould be funding two individuals, and she did not think that was a broad enouqh spreadinq of CDBG funds. The Commission 'nembers aqreed to not recommend any fundinq for I,ittle Voyaqeurs' Montessori. The Commissior►ers stated if the Council agrees t�ith the Commission's recommendation, Little Voyageurs� should be informed that because t2�e �umber of Fridley residents served trould be so limited, plus the fact that fundinq for low income families for daycare is evailable throuqh the County nnd since daycare is part of the Montessori, Little Voyaqeurs' should be encouraqed to pursue other fundinq avenues. ' Ms. Jackson stated this organization did not seem to want the money specifically desiqnated for adaptive equipment anly. She stated the Commission has not really been able xo identify that the money used for toys really helps low income people or handicapped people, except last year �hen the Commission specified that the CDBG funding was for adaptive toys only. ![s. Sherek stated she ielt �nore inclined to fund or partially fund the drop-in center, rimply because there ie a total lack of that kind of resource.. The drop-in center is being used by people with a very special need that is not otherwise beinq served. Ms.�Sherek stated 6he did not think �1t��s user fee is very hiqh either--$10 a year per family ior the kfnd of toys that are beinq borrowed is rot a reasonable user fee. She also did not think 1�RC hae tapped_the volunteer sesources they should for taising funds. � _ - ------ --- - - - - ---- -- -- - - 4YYY :1�1y_,_, : • �l� �- = •.:• Y�x _ • ��: : 1�1,�: � - i�ts. Sherek �uqqested xhe Commission recommend fundinq $1,000 to aRC, specffically desiqnated �o the drop-in center. Mr. Oquist, 1ris. �ackson, -and Mr. �lestby aqreed. • � � • • . ! � ! � • � �i� - �� - •�_ - - ! • 1 / � Ms. Sherek stated she would not tecommend funding for this orqanization. At the May 18th meet�nq, even thouqh Ms. Otto said the program is �ervinq seven Fridley seniors, she also said that at the nonthly �eetinqs, she has a typical attendance of eiqht seniors out of 40+ seniors. Ms. Sherek stated she really questioned whether this kind of an effort is providinq enough of a benefit to justify this kind of an�expenditure. The Commissioners aqreed to rot zecommend any CDBG funding to the North Suburban Kinship Proqram. This proqram is similar to the Senior Companion Proqram proposed by the Fridley Senior Center; however, the Senior Companion Proqram will be located in Frfdley and is a more in-need program. I� -.� - . �� The Commissioners aqreed�that althouqh RISE is a very �rorthwhile organization and RISE' 6 capital fund drive is a saorthwhile project, the Commission's positfon is to specifically fund human service needs, not capital equipment; therefore the Commission is recommending no funding to RISE. - . - -� . - - -.� - �. �� Ms. Sherek stated she felt the Fridley �enior Center should be fully funded for the Senior Companion Program. After =eadinq the proposal, she found that the Senior Center is qettinq �bout three-quartere of the funding from other sources. The proqram is tarqeting people who are seriously in need--companionship, visftinq, �espite �are. _ Mr. Oquist stated this also is a program serving solely Fridley residents. • The Commissioners•aqreed to 3-ecommend tundinq the full amount requested, $2,500, to !he Fridley Senior Center ior the Senior Companion Proqram. . .�...�� ----.� -----_-- - _ - --�-�-- — -- - _ _ – _-_ _ - -__ --- - 4ZZZ �i�1r , : • ��; �1- : .�. .�r • .!� 1�1�= , c : Ms. Sherek stated that typically in the past, the City has funded the Senior Outreach i�lorker vith CDBG funds. Everythinq she is hearinq is that this is almost the last year for CDBG iunds, and they have to start thinkinq about tirhat is goinq to 3�appen to the Senior Outreach Worker if there are no CDBG funds next year. For now, should 1►CCAP be lookinq for another source of fundinq, or should the City �und the Senior Outreach Worker for one more year and �rarn 1i►CCAP to look for other iundinq in the luture? . Ms. Sherek stated that because of the senior �opulatfon in Fridley, the Senior Outreach Worker does provide a valuable service, but the question is: Is it worth 20$ of the total CDBG funds avaflable? It is 2�er personal opinion that the Senior Outreach Worker spendinq one dey a week at the Fridley Senior Center is a duplfcation of services. Ms. Sherek 6tated that when the City first started iunding ACCAP for the Fridley Senior Outreach Worker, the Fridley Senior Center was very small. Now the Senior Center is a full time center larqely funded by the City, and there are other orqanizations within the City that can serve a lot of the needs of seniors that were not 3�einq a�et before. Ms. Sherek stated one of the functions of the ACCAP worker was to take fuel assistance applicntions from the seniors, and she did not think those funds are goinq to be available after this year, because it is an item that has been totally cut aut of the federal budqet. If that is part cf the rationale for needinq the Senior Outreach Worker, that fs qoing to be a lesser need. She vould be comfortable recommendinq fundinq at last year's fundinq level and then encourage ACCAP to find another eource of funding (service orqanizations in Fridley that 21ave larqe -�enior semberships). . Mr. Oquiet suggested that funding be recommer►ded for lese than the full amount requested. 'The Zommissioners aqreed to reco�end fundinq �6,000 to �CCAP for �he Fridley Senior Outreach i�orker. T'he Commissioners ��ranted -�CCAP to �now that the Commission tloes not �ant to cut the fundinq for the Fridley Senior Outreach ilorker aff cold, but does want :3�-�.r _ _._. _ __ 4AAAA �t�J,�� ; - : . �1• .�- : �• ,�, _ - • � �- - � ` - 1�1�- l�CGP to re-evaluate thefr resources in liqht oi the fact that �here aliqht not �e any CDBG funding in t�Le luture. lis. Sherek �tated �he a�ould t�ot recommend iundinq for NSCAH. She �tated she did not think NSCAH bas a cleai picture of t�hat they �rant to do with a computer. She did not think NSCAH 3�as s�cplored any other avenues of possibilities for acquizing a computer. �►lsc, last year the Commission t�,ea ao� the part of NSCAH's request for a computer to be used for �oinq the ilccessibility Guide, and she did not thfnk they should turn around this year and allow the iunds to be used for a computer, especially when they seem ao unsure about �hat they want and really need. i+is. Jackson aqreeci vith I4s. 8herek. She stated that if the City Council aqrees with Lhe Commission's zecommendation to not fund NSCAH, NSCAH chould be encouraqed to write to companies or other orqanfzations, because she is sure someone will be willinq to dcnate a computer to NSCAH just for .the tax tincite-of f. The Commissioners aqreed io not =ecommend any CDBG funding to NSCAH. The Commissioners �tated that if the City Council aqrees t�ith the recommendation sade by the Commission, NSCAH should be encouraqed to contact arendors for a donation of a computer or to contact businesses to find a retired computer that �ight still be usable. In addition to the City of Fridley, �iSCAA �hould notify every other qovernment aqency in l�►noka County that they are looking for retired usable computer aquipment. �g�amunitv Emercencv l�ssistancp ProcY'am (CEAP) - reuuestina S5.000 . lss. SDerek ctated �he seriously questioned iecommendinq any fundinq to CEAP. �1+Ir. �ide irom CEAP was very bonest in statinq that the reason t.isey vere applyinq to Fridley for CDBG funds is because the fundinq is available. In looking et the numbers, 3t is r.ostinq $70 ior each Fridley resident they �erve. That is ten fines what it ,is costinq.to �erve a Fridley reeident at Sl�G. CEAp aerved 75 Fridley residents last yenr as oPPosed to the 740 Fridley residents SAC�, �served laet �year and about 1,000 at St. williams. - - ' = : . • ;��1x : • �J� �: : .�• ��Y • ,�: : c �1�_ � c _ ��ts. Sherek stated CEAP provides a different service than st. �lilliams, but CEAP is very similar to SACA in terms -�f providing rental deposits, �tilities assistance, etc. l�s. Jackson stated one reason she would want to qive eome �noney to CEAP ie because of its location in i�noka County. It eerves the northern end of .l�inoka County. It is a lonq s�ay to SACA from the northern end of the County. i�s. Sherek stated that �ased on the number of people served as compared to St. Williams and SACA, she would be willinq to recommend a lesser fundinq. The Commissioners aqreed to recommend iunding in the amount of $1,000. Thie fundinq amount is in proportion to the number of Fridley residents CEAP is eerving in proportion to the other Fridley smerqency services. - .�. ;. - -.�_- �. �� irls. Sherek stated �lexandra Hcuse is providinq a valuable 6ervice to the City of Fridley. l�lexandra House has always been real frank with the Commiesion in admitting that they will manaqe ff they are not funded, but the funding allows them to provide an extra service. Because it is the only shelter in l,noka County, the Commission has always felt etronqly about recommendinq fundinq. Mr. Oquist etated what he likes about Alexandra 8ouse is they are not stayinq within themselves, they want to reach out with a training proqram, to try to educate children what abuse is. This is qood. Ms. Jackson stated she liked that the request is not for operatinq funds. The fur�ding is for a certain project. The Commission nembers aqreed to recommend fundinq of $3,500 to �lexandra House. The Commission �embers aqreed to fund the full amount to �entral Center for Family Resources due to the larqer amount of child counselinq provided, and then to divide the remaininq funds between i�amily Life lrtental Health Center and North Suburban Counselinq Center. . _ ;: �, ' --- - ------- - - ---. - - - -- .� - -. _ - __ _�. . ��1x : � _ � : . y;__ •,•_ x�„ - . , �+- - � �1�l= — � �* ** 4CCCC MOTION by lls. Jackson, seconded by lsr. Westby, to recommend to the City Council the followinq CDBG fundinq for 1989-90: _ �imount Amount Rec . f or Reauested l�ndinc A.C. Association for �tetarded Citizens $2,900 $1,000 N.S.C.A.H. 1,500 ��`�� Central Zenter for Family 32esources 5,000 5,000 Family Life Mental Health Center North Suburban Counselinq Center North Suburban Kinship Program RISE .��I 5, 000 4, `�i � � �3 � 5,000 4,5 �� 3,000 0 5,000 0 Community Emerqency l�issistance Program 5,000 1,000 Southern 1�noka Community Assistance 1n St. Williams Church Alexandra House Little Voyaqeurs' Montessori Frfdley Senior Center ACCAP - Senior Outreach idorker G �T��+�� 5,000 1,000 3,500 1,000 2,500 5,000 1,000 3,500 0 2,500 7 . 7 2 4 �,Q,QQ $53,124 $34,068 Recommended funding amount of $1,000 to be used for the drop-in center only. IIPON !► oOIC$ VOTE, ]1LL �OTI�Ta 11YE, CH�iIAPEft80N 8HEREIC D$CL1�►RED THE I[OTION ClIRRIED II�DsINZMOIIBLY. �Is. Jackson stated that after tbe Council acts on these funding recommendations in July, she would like to see copies of the letters to the organizations not receiving any fundinq before the letters are mailed. Mr. Barg stated he vould aake �copies of 'those letters -available to all the Commission sembers. `' -_ . _ - � - — ---- -_ _--- .i��Y - . . � ��1 �� L� YIY ' ' � y�. .� �� i 1��. �tDDDD 2 • � �✓i�\L�� • s. Coasid•ration oi ori�atstion tatorsation !or �t�M Human itssoura�s Co�mi.sion Yembor, i�1r. Barg stated this vas discussed briefly at the �ipril �neetinq. He etated the orientation informatfon would not have to be excessive or foraal, but just fnformation on tahat the Commission is, t�rhat it does, and how it interacts with the Planning Commission and City Council, and the structure of the City. Ms. Sherek stated she yould also like to see included a description of every commission and anake the packet available to all new commissfoners. Mr. Oquist stated this �ras discussed several years at Planning Commission. .In iact, staff had done some research and had some copies of fold-out brochures from other communities on their commissions� structures. He stated he would like to see Frfdley do somethinq similar. It could be available at the Municipal Center for citi�ens interested in servinq on a commicsion. lrts. Jackson stated it would also be belpful for Commission members to have some on hand to qfve cut to people who might be interested fn servinq an a commission. Mr. Oquist stated it �night be worthwhile to contact a �oup2e of�other communities to see what they are doing. 3ris. Sherek Bugqested two cities to aontact as far as Human Resources are Roseville and Blocmington. Ms. Sherek stated this item should be put on the Auqust agenda for discussion. b. Election ot Cbairper�on aad vio�-Chairperson ior i989-90 1Ks. Jackson nominated Sue Sherek ior chairperson. .�earing no other nominations, Chairperson Sherek declared the nominations closed. MOTION by Ms. Jackson, seconded by I+Ir. ilestby, to cast a unanimous ballot �or Sue Sherek to continue �ervinq as Chairperson of the Human ltesources Commission for 1989- 90. - m � � . '�—__- - - -.--- - -- ------ — _ _ _ - '�� _ � I�� YIY _ � +I. ' � 1�� _ c. d. ; ! • ��_�r�_ .4EEEE �o�r s voics voss, u.L -vo�r=�a a�rs, �►sArs�so� ss$xE�c =DECLI�RED T8E �tOTIO�i L'JIRRIED IIlt71MI1[ODBLY. Mr. �qufst nominated Sue Jackson ior vice-chairperson. Hearinq no cther nominations,:Chairperson Sherek declared the nominations closed. MOTION by Mr. Oquist, ceconded by t+�c. i�Testby, to cast a unanimous ballot for Sue Jackson for Vice-Chairperson of the Human Resources Commission for 1989-90. IIPON 71 VOICE VOTE, 11LL �OTI�TCi �YE r CSl1I�p$RS�N BHEREIC DECI.�iRED THE ![OTZON C�IRRZED ONANZI+IODBLY. Conaid•ration oi 1lorkplan Ztsms !or Aomaiader ot 1989 Ms. Sherek asked staff to provide the Commissioners with new copies of the workplan, and the Commission members should be prepared to rliscuss the workplan at the September neetinq. otbar 8usinsss MOTION by Ms. Jackson, ceconded by Mr. i�lestby, that in an effort to limit the amount of paper, staff limit the number of inemos in the aqenda packet and that all the information be addressed in one a�emo or included on the aqenda sheet. Ms. Sherek stated that if etaff needs to qive the Commiesion nembers detailed informatfon on a specific topic, then a separate �nemo�was fine, but just general information can be included as a single addendum to the aqenda or in the agenda, flr discussed at the meeting. �PON 71 VOICE VOTS, 71LL oOTI�TG 71Y8, =CSl1IRPERBON BHERElC D$CI+1�lRBD THE �[OTION Cl�RRIED II�D�TII+tOIIBLY. �o�riox i�y 1+Is .�ackson, �seconded by Mr. Oquist, to ad j ourn the meetinq. �pon a voiae vot�, ali voting aye, Chafrparson Sharek �eclu�d tho June 3, 1989, �uman itesources Commiasfon fdestinq adjourasd at ss�5 p.�. Res ctfully subm tted, Rec�Saba dinq Secretary � � c�NOF F�� DATE: TO: C0�IILMUNI"fY DEVELOPMENT' DEPARTMENT M EMO RAN D UM July 5, 1989 �a. f° William Burns, City Manager:� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #89-10, by Duane Jorgenson, to Reduce the Required Rear Yard Setback from 34 Feet to 18 Feet Attached please find the staff report for the variance request, VAR #89-10, by Duane Jorgenson. Although the Appeals Commission voted unanimously to approve the request, the request needs to be considered by the City Council because staff recommended denial (205.05.05.D.1.a). Staff maintains its original position of denial on the basis that the request would reduce the separation between structures and the available green space. The petitioner also has an alternative that would not require a variance. 1�I/dn M-89-382 m � 5 , � 5A � STAFF REP4RT APPE14LS �ATE : June 13, 1989 CITY OF PLANNNG COM�IYUSSION DATE FRIDLEY CITY CAIJNGL DATE : Ju�y lo, 1989 AuT�oR ��= REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE �ENSITY PRESENT ZONING ADJACENT LAND USES R ZONING UTl1T1ES PARK DEDICATION ANALYSiS FINANCIAL IMPLICATlONS CONFORMANCE TO COMPREHENSNE PLAN COMPATiBILtTY WlTH ADJACENT USES 8� ZON�VG ENVIRC�NMElVTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR �`89-10 Duane Jorgenson To reduce the required rear yard setback from 34' to 18' 288 Mercury Drive N.E. N/A N/A R-1, Single Family Dwelling district R-1, Single Family Dwelling on S and W, Fridley Covenant Church on N. N/A N/A N/A Yes Yes N/A Denial Approval 5B Staff Report VAR #$9-10, 288 Mercury Drive N.E. Page 2 A. '-Q� PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03.D.(3).(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 yard space to neighborhood buildings. served by this be used for and provide STATED HARDSHIP: requirement is to provide rear green areas which enhance the adequate separation between "The existing double garage is heated. I am a painter/ paperhanger. My hobby is woodworking. I use one side for my equipment and paint storage - latex paint, wallpaper paste, drop cloths, etc., also my woodworking tools. I park my van on the other side, especially in the winter because my paint and patching material will freeze. In the addition I would like to build, I will put my wife's car, 12 ft. fishing boat, outboard motor, lawn mower, snowblower, lawn tools, 2 bicycles, 3 extension ladders, wooden box cover for air conditioner cover, etc. I cannot build free-standing building because neighbor has access rights over rear part of lot." C: ADMINISTRATIVE STAFF REVIEW: Request The petitioner, Duane Jorgenson, is proposing to construct a 16 foot x 24 foot addition onto his existing double garage located on Lot l, Block 2, Sylvan Hills Plat 4, the same being 288 Mercury Drive. This addition would reduce the required rear yard setback from 34 feet to 18 feet. Site The parcel is located within an R-1, Single Family Residential Dwelling district. Fridley Covenant Church is to the north of the parcel. Analysis The parcel is a corner lot, with vehicular access east onto the University Avenue service drive, and the house front oriented toward Mercury Drive. The zoning ordinance defines the front of a corner lot as the lot line with the shortest dimension. It is clear from the site plan that the shorter frontage is the front yard and is functioning as such. The east side is clearly �5C Staff Report VAR #89-10, 288 Mercury Drive N.E. Page 3 functioning as a side yard, with the structure meeting the 17.5 foot required side yard setback. The petitioner has stated that there is a private easement over the rear portion of his property for access to his neighbor's property to the west. This prohibits the petitioner from constructing a detached accessory building. The petitioner has a second alternative, and that is to construct the addition onto the front of his existing garage. This would provide the petitioner with his needed space as well as honoring the code. Adequate separation between structures and adequate green space would be maintained. Recammendation Staff recommends that the Appeals Commission deny the request, VAR #89-10, by Duane Jorgenson, to reduce the required rear yard setback from 34 feet to 18 feet because it would reduce the separation between buildings and the amount of available green space. The petitioner also has an alternative that would not require a variance. APPEALS COMMISSION ACTION The Appeals Commission voted unanimously to approve the request, VAR #89-10, by Duane Jorgenson, to reduce the required rear yard setback from 34 feet to 18 feet. The minutes of the June 13, 1989 Appeals Commission meeting discuss the need for the City Council to consider a possible ordinance amendment concerning rear yard setbacks on corner lots. Staff is currently researching a potential ordinance amendment. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council deny the request, VAR #89- 10, to reduce the required rear yard setback from 34 feet to 18 feet on the basis that it would reduce the separation between structures, and the amount of available green space. The petitioner also has an alternative that would not require a variance. VAR 4�89-10 Duane Jorgenson .5D S �/2 SEC. C/TY .��,�„ � I l � �, l.�i+ �� 31 . O; ..... . a �_ _ a � �- - - � Q � �. ��.�� ; �, . .: = t !i F= �, � =�1. N � � " 3 � , . - � SY �vA r'� � � Y , �• r -- - . � o p r � .� �'�5 , � • �r; fRl�� ,,, I i�` � , '• � �. ,� N�� ----:J--. _ , ti a �{;� s f �; , " � � 1 -� = _ '� ¢ : ' = .j�' ��, . , 12 LpT� -`' :h =i ,--' ;` � / ., . 5�'LVAN +�^ � P � --;� � - o �` � .• f �%/j,� ; � �y ,s-;:...� - - �� :? '� I ✓✓_� ,�, . � ; y� �: t • :` � E. ; . �t ti. 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' I :i.o/ � � � �� •i r � I •• r�' �� • r � I • I r `• �'~r ,• •�' r A'� � �• � �. ` � ` ♦ =� � 5 irCr.I . , j�r I'� /, 3_:, r�: � � i-�:. -�- :, . � � ° ' � � � •:�s., � y..• �r. f v '�• '�:� • � ,:.•��y, . •w� ��.. �. ' � • � . , . = • '.� � t'- _ � . !t i � r r t y � �� r+' r • �' • e w ; � �R �� ,� :� �M' '1 r.v 1P �. d' . r t t: �i � i'. t f. . I c . ' s • • ��'i i� T1""j'�'.,y'1f 1 r"_� 1 O �7d � ,� � I r ` �i' . • t �■ et � �1 �� r�1 �— � � LQCATION MAP VAR 4�89-10 Duane Jorgenson 5E ---"� �!Ill=�t �►=�!/I� �sss w:�A...r a..�s M.t. ��w/ fwhriw� ' • • ( Miww��'�li�� s.��. 1..�:,� (' �l�('/!II'��II!/�� Jl�'. M��. ss�a� Ci�il tw�iw�eriw� Ale�lyw� 1�a.�0�• � •'""'•�'� �'+"""'"� Eaeineers � Surveyors •� �� » � Mortgage Loan Survey tor %IiA��ACE NEISON , � i � � ' ��'� MERCuRY DR�vE �. � , —59.� — _ � . f I � � a � - ' /t0: K 99 o i .oA : �� ' .. .� ' —. o ! � FOUNDATION O � � ONLY � . . .., �� z�o I` . q • � N d ��.�. ,� �✓ � � , s� ��i, � R.?� ��` _� � 1 � �� N � . H � � �, v � e � � �►�' , ,` � .c�� D�r�o;no�. � ut;�;y� � V �. _. fottmtn/ �_�� M ~" �9.95 i — � W V � �..i) W � ! • � 4 � � c.ri � z � � ��aie: i��=30r�f �IUCUST,1974 l.oT 1, 6�ocK 2 SYLVAN . NIllS PLAT 4 � � �� Tl.ia i� ��e � s�.ns� ��nwwe�ti�w �1 • w..hr M M� Mw�/�.:�� 1 Mw Iw�� Mw MKr:re/ ��1 �M i�s�t:�w �1 �11 wil/iw�s, i1 �, tA�re�n� �w/ �11 �iw►i� �wsN�s�wNwts� i1 �nr� }r�wi M�w N:I bw/. �Mis ��wr b Mr� �w1r iw tMw�tfi�w �ri�A � w�rh�� w w�+ �tiw1 �h��/ �w Mt ��r �w/ M li�ili�r is •s�vw��/ �a��I� ��M M�I�► �t sv�A w�►*�Ne w wr �fMr iwNrt�e �i��ir�� r �M n�srw �1 �vch w��rt��e. 1� is •w/�►�1w� �w/ N•� w� w��w�wrwts �� Mew �I�s�� h� Nr 'wMs� M�sh�liaAiw� M� liwes �r rww�r sww��. 0�� Ai�s}_ar •� A�+►.O. t�� t1/t/1�S�Y !Y!l�Yti��Yd •Yr SITE PLAN � a dedicated or givate street and aray ocnsist af: 1�. !, single lot af zec�crd or a portion af a lot af reo�rd. B. A ooa�binatim of com�plete lots of seo�rd and/or pertions of lots of reo�rd. . C. Pi perael of land described by netes and bounds, pzo�viclea that arry 6ubc7ivision of any residual lot or paroel shall a�eet the requirenent� of this Q�apter. • �5. Lot� O�rt�er. 1� lat situateci at the intersection of ta�o t2) or aroce street�. 46. Lot �eptb. �e horizontal distance �aeasurec3�between the front and sear lot 1 ines. - 47. Lot. Double Prantage. A lot with opposite lot lines on two (2) nonintersecting streets. Both street frantages sha11 be acnsidezed as fror�t yard areas. 48. Lot, Fycantage. �e front of a lot shall be that boundary of a lot along a street right of way. If a lot is a �ozner lot, tt�e front 6ha11 be the shorter lot line that abuts the btreet right of way. but if the dimensions of a o�rrer lot are within ten peroent (108) of being equal. the aaner may select either street lot line as the front. 49. Lot R�e horizontal distanoe between the side Iot lir�es measured at ric�t angles to the lot depth at a pcint equal to the miriim� required front yarc depth. 50. lbbile Hc�e i�rk. Ar� approved area for the pnrking of occupied nanufactured i�ames• 51. Ibte1. A building oontaining guest roafls, vith direct acoess to garage or parking spaaes, and which is t�sed foc tbe aommnodation of transient fndividuals. - 52. Moto� V�icle. 1►ny vehicle whici, is 6elf gopelled. 53. � ib�x�ocifccoin9 Dee. �ny building, 6tructure oz land lawfully occupie6 by a use or lawfully existing at tbe time of the pnssage of ttii6 Ct�apter or aanen3nents thereto, t�Yiici� does twt ccnfcrm witt► tbe regulations of tt,is �apter o� future a�ne�. fcs the district in whici� it is sittated. ' . ' � 54. S�rsi:g Bare. 1� State lioer�sed facility used to ptavide care for the aged and infianed perso�s v2�o require s�ur6ing anre and related services. 12/e� 5F :z . 2os-7 5G �PPEALS COMMISSION MEETING, JUNE 13. 1989 PAGE 2 2. CONSIDERATION OF A VARIANCE RE4UEST. VAR #89-10, BY DUANE JORGENSON• Pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code to reduce the rear yard setback from 34 feet to 18 feet to allow the expansion of an existing garage on Lot 1, Block 2, Sylvan HiZls, Plat 4, the same being 288 Mercury Drive N.E. MOTION by Mr. Kuechle, seconded by Ms. Savage, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this property is zoned R-1, Single Family Dwelling District, with R-1 to the south and west, Fridley Covenant Church to the north, and University Avenue to the east. Ms. McPherson stated the petitioner is proposing to construct a 16 ft. x 24 ft. addition to his existing garage and house. Currently on site is a private easement along the rear of the lot, which allows the neighbor to the west to park a mobile home RV. Ms. McPherson stated the City has had a series of corner lot rear yard variance requests in the past several weeks. on a corner lot, in determining which side is, in fact, the rear yard versus the front yard, the Code states the front yard is the shortest frontage compared to the longest frontage. In this case, the shortest frontage is on Mercury Drive, although the petitioner does have access and his garage faces the University Avenue Service Drive. The house is oriented on the site to the front, and he has a side yard setback requirement of 17 1/2 feet. The required rear yard setback is 34 feet which is actually where his existing garage now borders, so the addition to the garage would encroach into the rear yard by 16 feet. Ms. McPherson stated that in addition to the rear yard encroachment, staff did a calculation, and the addition would add square footage to the existing building which would be over the 25� maximum lot coverage by 46 sq. ft.. The maximum square footage for this lot is 2,700 sq. ft., and the addition would cause it to go ta 2,746 sq. ft. This is another reason staff is recommending to the Commission that the request be denied. Also, the addition would reduce the rear yard setback and reduce the separation between buildings. Mr. Duane Jorgenson stated that regarding the square footage, it is not 2,700 sq. ft., but is 2,026 sq. ft. The garage size he is requesting is 22. 6 ft. x 16 ft. , not 24 ft. x 16 ft.� So, the total square footage with the addition is 2,380 sq. ft., well under the 2,700 sq. ft. a 5H APPEALS COMMISSION MEETING, JONE 13. 1989 PAGE 3 Mr. Jorgenson stated the addition will not be just another extension of the garage. The roof line will be dropped 1 ft. and set into the garage, and then the front will be set back 1-6 inches so it will look very nice, rather than one just roof all the way across. As far as building onto the front of the garage, any addition would shut off his kitchen window and the entrance to his kitchen. Mr. Jorgenson stated he does not feel like he even has a back yard. He cannot hide in his back yard like most people can from traffic, etc. It is not like most people's back yards. He has University Avenue on one side. Sometimes he feels like he has a commercial lot instead of a residential lot. If he did build a 12 ft. x 20 ft. free-standing second accessory building, it would sit out in the middle of nowhere, and it would not look good aesthetically. Mr. Jorgenson stated the addition he is proposing will add to the attractiveness of the property. He stated he is a painter, and he has electric heat in the garage to keep his painting equipment from freezing, plus he has a woodworking hobby. He also needs more garage area for his business van with freezables, his wife's car, a fishing boat, and lawn and garden equipment. He does not like things laying around outside. He likes to have things in a garage out of sight from the neighborhood. Mr. Barna stated the hardship is the configuration of the house on the lot, the fact that building the addition off to the side and closing off the kitchen window is not allowed, and the fact that additional storage space is needed for his business. Ms. Dacy stated that in recalculating the lot coverage, Mr. Jorgenson is correct. His present lot coverage is 2,026 sq. ft., and the addition is 352 sq. ft., so the lot coverage issue is no longer a concern. Mr. Mervin Herrmann, 278 Mercury Drive, stated he is the neighbor to the west with the easement. He stated is not opposed to the addition as proposed by Mr. Jorgenson. He stated he would much rather have the addition as proposed than a free-standing building. The addition as proposed with the break in the roof line would be attractive and would enhance the property. Dr. Vos asked how much room there is between Mr. Herrmann's garage and Mr. Jorgenson's garage. Mr. Herrmann stated there is 10 feet from Mr. Jorgenson's garage to the lot line, and then there is 5+ feet from the lot line to his garage. � 51 APPEALS COMMISSION MEETING, JIINE 13, 1989 __ PAGE 4 Mrs. Eveline Herrmann, 278 Mercury Drive, stated she thought the addition would be very nice aesthetically, while a free-standing building would look obnoxious. Mr. Mike McPhilips, 291 Sylvan Lane, stated he owned the property directly to the south of the Jorgenson's. He agreed that a free- standing building would not look good. For this property, the addition to the garage as proposed would look better. OM TION by Ms. Savage, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BARNA DECLARED THE PIIBLZC HEARING CLOSED AT 8:00 P.M. Mr. Kuechle stated he lives on Mercury Drive a little farther to the west. In a normal situation, he would be opposed to this addition, but in this situation, he felt the proposed plan seemed to be the best for this lot. A free-standing building would look much worse. The plan seems well thought out, and it looked like it would fit well on the lot. Staff's recommendation to bring forward the present garage has a number of disadvantages, besides the window problem. The petitioner would also lose some off-street parking which is pretty important along that street because of the University Avenue Service Drive. He would recommend approval of the variance request. Ms. Savage stated she had some initial hesitancy about this variance request, also, but after the discussion, she is convinced the variance should be approved. This area really does not function as a rear yard, because of the fact that this is a corner lot. She did not think granting the variance would violate the spirit of the Code, and she agreed the petitioner's plan is probably the best way, aesthetically, of adding onto the existing building. It will really not cut down that much of the green area, and she would recommend approval of the variance. Dr. Vos stated he had looked at what could be done as far as adding on to the front of the garage to the east. The petitioner would lose all the site lines and the whole structure of the house would change. The neighbor to the south as a free-standing garage.. With another free-standing building, it would look like two litt2e "Cinderella" houses set out there, and one is enough for this neighborhood. He would rather see the addition attached as proposed by the petitioner. Mr. Barna stated he agreed. In his years of serving on the Appeals Commission, these corner lots have been a headache, because of the Code definitions of rear yard, side yard, and front yard. He had no objections to the approval of this variance. 5J APPEALB COMMIBSION MEETING, JUNE 13, 1989 PAGE 5 �IOTION by Mr. Kuechle, seconded by Ms. Savage, to recommend to City Council approval of variance request, VAR #89-10, by Duane Jorgenson, pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code to reduce the rear yard setback from 34 feet to 18 feet to allow the expansion of an existing garage on Lot 1, Block 2, Sylvan Hills, Plat 4, the same being 288 Mercury Drive N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BARNA DECLARED T8E MOTION CARRIED IINANIMOIISLY. � . Barna stated that because of staff objection, this it%:n�would to City Council on July 10, 1989. � 3. suant to Section 205.07.03.D.(3).(a) of t Fridley City Cod to reduce the rear yard setback from 29 feet to 7 feet to a ow the expansion of an existing gara on Lot 12, Block 4, Bro iew Terrace, 2nd Addition, the s e being 999 Overton Drive N. . OM TION by Ms. S vage, seconded by Mr. Ku hle, to open the public hearing. IIPON A VOICE VOTE, L VOTING AYE, ZRPERSON BARNA DECLARED THE PIIBLIC HEARING OPEN A 8:07 P.M. Ms. McPherson stated thi prop ty is located in an R-1, Single Family Dwelling District, nd s surrounded by R-1. Again, the property is located on a orner lot, and the petitioner is proposing a 10 ft. x 24 ft. a ition to the existing garage. Ms. McPherson stated property, staff disco setback requirement we corner lot, even t � frontages is consi rE side is clearly s rte garage was cons cte feet. Apparen y, an in the side v rd. t at in esearcY r ed that i 1961 observed on oth igh by Code, o y d the front yard. r than the west si i in the required interpretation was ing the file for this the 35 foot front yard street frontages for the the shorter of the two In this case, the south . In 1965, the existing r ar yard setback of 29 ma e that the garage was Ms. McPher on stated that in 1976, the Appeals Commission denied a varian to place a swimming pool and fence in w t is considered the fro t yard abutting 68th Avenue. Ms. cPherson stated staff is recommending that bec se of the va ous Code requirements that have been followed and the d'fficulty in the Code interpretation, the Commission appr e this ariance. In reality, the front yard as defined by the C e is functioning as a side yard since the access and orientation o the � � cmroF F� �� . C�11/iMUNITY DEVELUPMENT' DEPARTMENI' MEMOR.ANDUM DATE: July 5, 1989 � �-' TO: William Burns, City Manager,�� FROM: SUBJECT: �K -j' Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Kichele McPherson, Planning Assistant Variance Request, VAR #89-09, by Robert Tomczak, to Reduce the Required Rear Yard Setback from 28.9 Feet to 7 Feet Attached please find the staff report for the variance request, VAR #89-09, by Robert Tomczak, to reduce the required rear yard setback from 28.9 feet to 7 feet. The Appeals Commission approved the request 3-1. Staff recommends that the City Council approve the request with one stipulation : 1. Future accessory buildings shall be limited to a maximum of 100 square feet in size. NII�i/dn M-89-381 � � 5L �► STAFF REPORT ' APPEALS DATE : June 13, 1989 CITY OF PLANNNIG COM�AtSSION DATE FiZIDLEY CRY COI�ICIL DATE : Juiy �o, 1989 AuTHOR r�/_ REQUEST PERMtT NUMBER APPLICANT PROPOSED REQUEST LOCATION SiTE DATA SIZE OENStTY PRESENT ZONING ADJACENT LAND USES 8� ZONING UTIJTES PARK DEDICATION ANALYSIS FlNANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILtTY WtTH ADJACENT USES 8� ZON9�G ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION vax #s9-o9 Robert Tomczak To reduce required rear yard setback from 29.8' to 7' 999 Overton Drive N.E. N/A N/A R-1, Single Family Dwelling R-1, Single Family Dwelling N/A N/A N/A Yes Yes N/A Approval Approved 3-1 5M Staff Report VAR #89-09, 999 Overton Drive N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03.D.(3).(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. B. STATED HARDSHIP: "We would like to add ten feet to our garage to allow for a home workshop and storage for garden and lawn equipment. At the present, we have a storage shed for the latter which is unsightly. We would like to do away with this and re-landscape our back yard to the quality level of our front and side yards." C: ADMINISTRATIVE STAFF REVIEW: Request The petitioners, Robert and Donna Tomczak, are proposing to construct a l0 foot x 24 foot addition to their existing garage located on Lot 12, Block 4, Brookview Terrace Second Addition, the same being 999 Overton Drive N.E. This addition would reduce the required rear yard setback from 29.8 feet to 7 feet. Site The parcel is within an R-1, Single Family Residential Dwelling district and is located near Meadowlands Park. The parcel is a corner lot. Analysis In 1961, the primary structure was constructed observing the 35 foot front yard setback on both street frontages, even though the code states "..the front shall be the shorter lot line that abuts the street right of way..." (205.03.48). In 1965, the existing garage was constructed in the required rear yard setback of 29 feet. Apparently, an interpretation was made that the garage was in the side yard. In 1976, the Commission denied a variance to place a pool and fence in the front yard abutting 68th Avenue. The front yard as defined by the code is in reality functioning as a side yard since the access and orientation of the house is toward Overton Street, the defined side yard. Consequently, the defined rear yard is in fact 5N Staff Report VAR #89-09, 999 Overton Drive N.E. Page 3 functioning as a side yard. To summarize, this lot has two front yards and two side yards. The petitioner has the option of constructing a detached accessory building of 240 square feet, the size of the proposed addition. In doing so, the petitioner would create a greater impact on the separation of structures and amount of green space remaining on the parcel. By attaching the addition, the petitioner reduces these impacts while maintaining the spirit of the code. Because the existing garage was permitted to be constructed by the City in the "rear yard" in 1965 and because the proposed expansion is to be located in the area which is practically the side yard, staff recommends that the variance be approved. The zoning ordinance is imposing the hardship in this case. Further, the proposed addition would be less intrusive than an accessory building built three feet from the lot line. To preserve the future accessory feet. Recommendation remaining green space, staff recommends that any buildings be limited to no more than 100 square Staff is recommending that the Appeals Commission approve the request, VAR #89-09, to reduce the required rear yard setback from 29.8 feet to 7 feet, with the following stipulation: 1. Future accessory buildings shall be limited to a maximum of 100 square feet in size. APPEALS COMMISSION ACTION The Appeals Commission voted 3-1 in favor of approving the request, VAR #89-09, by Robert Tomczak, to reduce the required rear yard setback from 28.9 feet to 7 feet. Although in favor of granting the variance, Commissioner Barna voted against it in order for the City Council to consider the issue of required rear yard setbacks on corner lots. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council approve the request, VAR #89-09, by Robert Tomczak, with the stipulation as stated. 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N V Zs� , �f f,,�r � � � s.% 9 9 � �' . � " ✓. /, 1 �- . .. � / � � . , �,. , � . � ��g ' q 9-, �M �� p,�/ a�l 1 — --- � �B/.�1--- Ii.1 i' -' �, n ic � %. !. ; , % _�o �-: s � � �� . � � ' �� r�vo f •�i � -- ! , , � s UI �� . , , JQ �t � � � . � � � • � � . 4 � •� .� o,o �� v i� - ,� . :. - ; `� >�s � JOf IISUl1 . at es •Yt. �OYTM !O. YINM��OtA O Crt/o�t fi.�co � ,`. . � q /G. � r � . � h ia� � . w .i. / I .:�i i/ ��TZ i ,r�o,,, Fra/1�P ''` 9�1 ..... . .- Y-�- �zs _ ' ,., �; . .i -.. .' �� -�. .. 0 0 -- = . _ _.' _ � � � �` - . � - -:...:�:'-' - _�. �. r ti�: ' - -��'. � '�; � � _' ` `�. `. . . _ .:` . ` . - . � .. '. " ' •*' - � - °� % �� O -- � t i- --i • . � ,�v"-� � --�-�,.;.� c�.'±. C � �' ► - - r�r _ : �-i�:'' . � ,�=r��; ' 'y' • ,� ' � :e i '•?�.t " ' "!'��&�_ :t •j, �: T . . _ � ,.� 1� _ • -�; . ,„ ,,,. ._ � ; �.-� ^ _ , ..�--' . �' .-'t ��: _ �.- .s : . . . . --• , .y. .r _ _ _ ��J - � �t".�aA ,r� i'�.' r. � �"•:.,ti. --.:�.+.I. �r..:'!K �Mi� �_!�"`r 1� . ' . T S'�.0 - �_• - � ��' y�. '. �". . ' : ' -' � �. .. . . .�, -'ti�.. -..•i. q�o :a �.►� ..' 1 ..•' � J �{ ,vsii tlwa��i�a s t.txt :Q.rd . .. �w �� . , - , : - - . s ` �t�ie:� 6a�r,da�,i,�.a 1 /, _►' • . .�' .'�"" ""� • - : y . - � �/G. �� B R D 0 �K U 9 _F �1u � �� .R. � R C �� -- � M � :��i1 D � � 9 =O:N, `A,�o�a. C�.w� y, -� ��• 1� — . . �- ' r ♦ t i !: -�t... i ...�: .1 _ �' ,°� �. °� .`� �� .�J, ��. :� .e�GC � �r.� � . . .. .T : � . ., i,+ _ . i •'! ?�. ,� ` i . �': r • �� '. .� . : • . �_�. �- _r �°'��-�l.,, � !±� t1�t ��oca�or�..Ot s ps�oa�d Mo s�a�.a •�.� -Uw` ,/-- j__*�.i.M[�Q� _� ti.� T7� t� LiW�iIM` �.�,`� R..:.•;;:f,}�Iky 1`.��.f 1��i �.I� ��:/i�AR� !+L � � . � _� � � � �D �t� ��`yf � .�� . �; n=. +�r �i��.��--�� r �'.f i-�r , y� T� a - T i'�'�y iY-_ i... r-:� � , .. �:.�r _�.til i �__y � �� : :..r ♦ - _ t sy �� . � , . �-- '� �--- �. �� ~...._ �.- 'i�_' �Ss.. . - � __L�- '�i'+. -��/� -�3� _�. _rs°_�.. � ._.-- -"_ SITE PLAN 5Q 205.03.54. � a dedicated or pcivate street and oay acnsist af: �. A 6ingle lot of seoord or a pertion of a lot af reoord. 8. A combination of camplete lats of reocrd and/or portions of lots of reaord. C. �, parcel o� land describe8 by �aetes and bounds, Prc'�►ided that any 6ubdivision of any residual lot or paroel sha11 a�eet the sequirenents of thi.s �aptez. ' �5. Lot, �rner. � lot 6it�ate� at the intersection o� two (2) ar �are streets. 46. tot nepth. �e hozizontal distance measured � between the f tont and rear lot l ines. � 17. Lot. Dw�hle Frantage. A lot with op�site lot lines on two (2) nonintersecting streets. 8oth street frcntages ehall be o�nsidered as front yard areas. �8. Lot, Prontage. 7he front of a lot shall be that boundary of a lot along a 6treet right of way. If a lot is a oozner lot, the front shall be the shorter lot line that abuts the street right of way. but if the dimensions of a ccrnez lot are within ten percent (10�) of being equai. the cwner may select either street lot line as the frorit. 49. L�t Wi�b. �e horizontal distance between the sic3e lot lines aieasured at ric�t angles to the lot depth at a point equal to the minim� required f ront yaro c3epth. 50. Nobile H�e I�rk. An appraved area fo� the perking of xcupied manufactured banes• 51. lbtxl. !� building oontaining guest roccns, with airect access to garage or parking spaoes, and which is used fac the aceoemoaation of transient � individuals. 52. lbto� Vehicle. Aryy v�icle rhid� is self pcopelled. 53. �ioaaoc�acoie9 Dse. Ariy building, structure or land lawfully occupiea by a use or lawfully existing at the ti�ne of the pnssage of this Chapter or aa�3nents thereto, which does no�t oonform with the regulations of this �apter e� future �naencinents. fa� the district in vhici� it i6 , si��a. - - � . st. airsing a�e. � �i State liaer�sed facility used to provide care for the aged and � inf i=med perso�s vhc require s�ursing anre and related services. 12/87 � 205-7 5R by Mr. Kuechle, seconded Counci approval of variance Jorgenson, ursuant to Section City Code to educe the rear ya to allow the e sion of Sylvan Hills, Plat t ame by Ms. Savaqe, ecommend to City request, #89-10, by Duane 205.0 .D.(3).(a) of the Fridley r etback from 34 feet to 18 feet xisting garage on Lot l, Block 2, being 288 Mercury Drive N.E. �PON � VOICE V � ALL VOT� AYE� CBAIRPERSON BARNA DECLARED THE MOTION C D IINANIMOIISLY. Mr. rna stated that because of staff ob� ' n, this item would to City Council on July 10, 1989. 3. �ONSIDERATIQN OF A VARIANCE REOUEST. VAR #89-09, BY ROBERT AND DONNA TOMCZAK• Pursuant to Section 205.07.03.D.(3).(a) of the Fridley City Code to reduce the rear yard setback from 29.8 feet to 7 feet to allow the expansion of an existing qarage on Lot 12, Block 4, Brookview Terrace, 2nd Addition, the same being 999 Overton Drive N.E. OT by Ms. Savage, seconded by Mr. Kuechle, to open the public hearing. tJPON !� VOICE VOTE, ALL YOTING AYE� CBAZRPERSON BARNA DECLARED THE PIIBLIC BEARING OPEN AT 8:07 P.M. Ms. McPherson stated this property is located in an R-1, Sinqle Family Dwelling District, and is surrounded by R-l. Again, the property is located on a corner lot, and the petitioner is proposing a 10 ft. x 24 ft. addition to the existing qarage. Ms. McPherson stated that in researching the file for this property, staff discovered that in 1961 the 35 foot front yard setback requirement was observed on both street frontages for the corner lot, even though by Code, only the shorter of the two frontages is considered the front yard. In this case, the south side is clearly shorter than the west side. In 1965, the existing garage �as constructed in the required rear yard setback of 29 feet. Apparently, an interpretation was made that the garage was in the side yard. Ms. McPherson stated that in 1976, the Appeals Commission denied a variance to place a swimming pool and fence in what is considered the front yard abutting 68th Avenue. Ms. McPherson stated staff is recommending that because of the various Code requirements that have been followed and the difficulty in the Code interpretation, the Commission approve this variance. In reality, the front yard as defined by the Code is functioning as a side yard since the access and orientation of the � � c,nroF F� �� 0 DATE: T0: FROM: SUBJECT: C01V1MUNIl�Y DEVELOPMENT DEPARTMENT MEMORANDUM July 5, 1989 William Burns, City Manager�- .�'�' Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Extension of Variance Approval for Twin City Federal, VAR #88-09, 5205 Central Avenue N.E. On July 11, 1988 the City Council approved two variances for Twin City Federal to expand the drive-up facilities from two lanes to four lanes. One of the stipulations required Twin City Federal to work with the Skywood property to construct a parking area for bank empZoyees. As explained in the attached ?etter from Mr. Robert Galush, Twin City Federal has been working diligently to meet the City's requirements. RECOMMENDATION Staff recommends the City Council approve a one year extension to the variance approval. This will enable Twin City Federal to either initiate construction this fall or early next spring. BD/dn M-89-374 . � TCF BANKING AND SAVINGS. F.A. 801 MARQUETTE A\'EKL:E • M1�IEAPOLIS. MN 55i02 • 370-7000 July �, 1��Sy City of Fridley r,431 University Avenue NE Fr i d 1 ey , MIV �5432 At t n: E�ai-ba�-a L�acy Uear Es��-bar� : In Juty af 1y�3 a drive up e:<pansion i-equest far TCF in Fridley was approved by thE Fridley City Caur�cil subject to certain conditions being met. After montha of negotiations with the parties involved and fragmented action by the various parties involved, we finally retained legal assist�nce tp try to resolve the situation. (F�lease see the attached doc�.imzntation ot o��r efforts) . It wuuld be muct� appreciated if the City of Fridley would approv� a twzlve month e:��:tension of thEir action tc permit us to continue in our effoi-ts to e.:pand the di-ive up and meet the necessa.ry requirements. Sincerely, /' � �� nobert Gal��sh Hssistant Vice F'resident F�cilities Management FG/be enc l osu►-e doc: letter 1 FqEDERICN L. TNORSON WINSTON E. MUNSON CLAY R. MOORE GONNOR �. SCMMID IORENS O. BRVNESTAD SIDNEY KAPLAN WOODBURY H.ANDREWS GEORGE R. A. JOHNSON ANOREW R. CLARI( J. MICMAEL COILOTON FRANK A. DVORAN ROBERT D. GISVOLD MARVIN C. INGBER M. RICNARD KORSM T�MOTMY D. MORATZKA MARTIN V. AVDELOTT SMANE H.ANDERSON GLENN R.ORURY ROBERT 5. LEE JAMES T. SwENSON ERIC O. MADSON JOMN C. UTLEY ARLIN B. W.e.ELTI STEPNEN F. GRINNELL MICMAEL S.FROST STEPMEN P. NELLEV MICNAEL J. DWVER TIMOTMV M. BARNETT � MACKALL, CROUNSE � MOORE LAW OFFICES 1600 T C F TOWER 121 SOUTH EIGHTH STREET MINNEAPOLIS, MiNNESOTA 55402 Ms. Barbara Dacy City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Re: Dear Ms. Dacy: TELEPMONE 612•333-13a1 TELECOPIER 333-6173 July 3, 1989 Skywood Mall . : RAYMOND C. ULLIER GARY G. O�MAGAN KARL K. MEINZERLING DAVID J. OUDDLESTON TMOMAS J. LALLIER MARY LYNN JAMNKE SUSAN M. SWIFT SMEIIA A. ENGELMCIER NED J. CARROLL DEAN L. BUSSEV MICNAEL C. GLOVER JEFFREYL.SML05BERG AMY,/.JOMNSON SMERVL l. GOET2INGER BRADLEY J. SCNMIDT DANIEI 5. MILLER Of COVNSEL FlOYO E. NELSON JAMES B.MANNAH VA� M. NIGGINS MENRY C. MACHAI.L (IBBS-1979) ROBERT M. CROUNSE (IB93-1974) PEi7RV R. MOORE (IB94-IQ69) We represent TCF Bank Savings fsb. This letter is written to summarize the history of the activities of TCF and the current status of the above matter. We commenced work on the project in September, i988. We received evidence from the title company to determine the parties in interest. We have had numerous meetings in our office with attorneys for the parties involved. We prepared drafts of the documents to accomplish the goals desired by the City of Fridley and drafts of these documents were sent on November 17, 1988, to Frank Walz of Best & Flanagan, Loren Knott of Dorsey & Whitney, and James Ray of Briggs and Morgan. We made every effort to expedite the matter by telephone calls and correspondence. In March Mr. Ray advised that provisions in some of the documents were not acceptable. We revised the documents and on March 17, 1989, we sent revised documents to him (see copy attached). In response, we received a letter from Mr. Ray dated June 16, 1989, a copy of which is attached. We mailed the documents to Messrs. Knott, Walz and McLaughlin as evidenced by the copy of our letter dated June 22, 1989, which is attached. The only response to our letter of June 22, is that of Mr. Walz dated June 27, 1989, a copy of which is attached. /jh Enclosure Very truly yours, MACKALL, CROUNSE & MOORE B ��`� �..-� Y F. L. Thorson �_� � MACKALL, CROUNSE S� MOORE LAW OFFICES �AEOENIGK l- TFIO/�EON WINSTON [. MVNSON CLA� R. MOON[ CONNOR �. SCMM10 IOqENS O. ��i`/N[STAO SIDN[Y KArIAN wO00eUNY M. ANOREWS GEOR6[ R.A.JOHNSON ANOR[W R. CIi.NM J. MICMAEL COLLOiOM FRANM A. O�ORAII ROBERT O. GISVOLD MARVIN C• IHGOER M. RICMARO KOIiSM TIMOTMY D. MORATZKA MARTIN V. A�OEIOTT SMANE M.ANDEASON GLENN N• ORUAY itOBERT S• lEE JAMES T. 5wEN50N ERIC O. MAOSON JOMN C. UTLEV STEPMEN F. GAINNELL MICMAEI S• FROST STEPMEN P. 1lEllEY MICMAEL J. OWVER TIMO7MY M. BApNETT Mr. James Ray Briggs & Morgan 2400 IDS Center Minneapolis, MN Re: Dear Jim: 1600 T C F TOWER 121 SOUTH EIGHTM STREET MINNEAPOLIS� MINNESOTA ��3402 TELEPMONE 612•333-1341 TELECOPIER 333-6173 March 17, 1989 55402 Skywood Mall 6C qAYMONO C. IA�UCR GAFiY G. O�MA6AN NAAI K. I�EIN2EAlIN6 o•v�o �. ouoo�csTON TMOMAS J. LALl1ER MAR• ��NN JAMNK[ SUSAN M.SWIFT EOWANO J. CUMMINGS MAqN A. NURIK 6t�E1LA A. ENOElME1ER NED J. CAqROIL DEAN l. �USSEY MIGMAEL C. GIOVER AMV J. JOMNSON SME1�Yl l. GOET2INOER BRAOICY J. $CMM10T OANIEL 5. MI��ER O� GOVN![� FLOYD E. NELSON ,�AMES S. MAHNAN VAL M. M�GG�NS STEPMANIC J• PREM NENRY C. MACKAII (18e6-191Y� NOS[R� M. GNOUNSE (109�� 97�) r[pRY R. MOOR[ (1sY�-�96Y) We enclose herewith for your review drafts of the folZowing documents: Grant of License Agreement Two Quit Claim Deeds Partial Release of Mortgage and Assignment of Rents for execution by F& M Marquette National Bank as Trustee Partial Release of Mortgage and Assignment of Rents for execution by Mortenson, et al. We are submitting these documents for your review and approval prior to submission to the other parties involved. We are enclosing marked copies of the documents indicating the changes made in these documents from the documents enclosed in our letter to you of November 15, 1988. The Quit Claim Deed for execution by TCF is new, replacing the Release. There is no change in the Agreement. If the enclosed documents meet with your approval, will you please advise us and we will forward them on to the other parties involved. �, y,. . MACKALL, CROUNSE 8. MOORE Mr. James Ray March 17, 1989 Page 2 It is our understanding that TCF will pay the cost of your attorneys' fees upon receiving the executed documents. �Ve would appreciate your advising us as to your estimate of the amount of fees which will be incurred by you in connection with this matter. We thank you for your cooperation in this matter. edw Enclosures x Very truly yours, MACKALL, CROUNSE & MOORE By F. L. Thorson . � LAW OFFICES B13IGGS AND MO�GAN PHOFESSIONAL ASSOCIATION PA00 I D 5 CENTE$ MINNEAPOLIS, MINNESOTA 6b402 TELEP$ONE 16121 339-0661 TELECOPIER (612) 376 -1078 7NCLUDINO THE FORMER FIBM OF LEVITT, PAI.MEB, BOWEN, ROTMAN & SIiAgE June 16, 1989 WBIiEES DI$ECT DIAL NUMBER: Mr. Fred Thorson Mackall Crounse & Moore 1600 TCF Tower Minneapolis, MN 55402 Re: Skywood Mall Dear Fred: Your client, Twin City Federal, has requested that Marquette Bank Minneapolis consent to a proposed rearrangement of the parking facility at the TCF location adjacent to Skywood Ma11.. As we have stated, Marquette Bank Minneapolis is the trustee under a City of Fridley Bond issue and, acting on behalf of Bondholders, is subject to the terms and conditions contained in the Indenture of Trust with the City. The Project is owned by Skywood Mall, a Minnesota general partnership, and is currently subject to court-appointed receivership by Towle Company and La Corte Inns. To date, we have not received any correspondence on this matter from the owner of the Project, the receivers, or the City of Fridley. While we do not have any conceptual problems with your request, we are not prepared to do any more work on this matter until we have heard from these parties to ensure that they are in agreement as to how we should proceed. cc: Mr. Tom Korsman 22:30 4Y70 ![N pOBLD TEADE CEN'fEfi yINT PAIIL, IiINNE50TA 66101 1612) £BI•1E15 Sincerely, James G. Ray 8200 FIP57 NATIOHAL BANH SIIILDINO S62N4' PdiTL� YSNNESO?A 86101 (9�21 Qea • 1216 6E 8400 I D S CLNTEB YIIPNEAPOLIS� 1[INlPESOT� 6640Q 16iP) 33�' Oee] �= � June 22, 1989 Mr. Loren R. Rnott Doraey d� i�iiitney 2200 First Bank Place East Minneapolis, MN 55402 Mr. Frank walz Best � Flanaqan 3500 IDS Center Minneapolis, MN 55402 Res Skyaood Mall Gentlemen: Mr. Patrick MrLauqhlin Oppenh�imer, 11o1f! � Donnelly Plasa VII, Suite 3�00 �5 South 8eventh Street Minneapolis, MN 55402 �Ie enclose herewith for your review drafts oi the followinq documentst Grant of License 1�qr�ement Two Quit Clai� Ds�a ' Partia2 Release of Mcrtgaqe and l►�siqnmant o! R�ats !or sxscution by F i M t+lnrquett• Natioaal Haak as Trustee Partial Re2�ase ot Mortgaqe and A��iqnesnt of R�nta tor �xecution by MortenBOn, •t a2. The City oi Fridley and TCF are anxious that th�ee docwaents be executed so that th• traific pattern can be i�nprowed. Jim Ray, attorney tor Marquette Banic� do�s not have a oonaoptual prob2em Mitb the project but d�sires svid�nc� of your aqr�eoent to proce�ccl. Please review ths docwaanta and adviss us as �ooa as possible whethsr they iuet rith your approval •o that tbey may be �x•cutmd an� the plan say bs i�planented. =t you have any qusations rslating to the transaction, plass ooatact us. 6F une 22, 1989 aqe 2 Me Mill appreciate your prompt attention to this oattsr. Very tzuly yours, MACRALL, CROUNSB i MOORE By F. L. Thorson mqs Enclosures ccs Ms. Judy McDonald, TCF Bank 8avinge fsb 6G Josx R. Cagaoi.i. J.►xas D. Oz.sox A8C8IHALD $PENCEB RosEar M.SxssE RosEar L. CaossY N, Wais$a Gasrr Au.sx D. Baaxaan RICBARD A,PEiERSON ROBERT J. CSBISiZdNSON, JR. Faexs J. WsLz Taorzss D. Caai.sox Fsaxa VooL M�aixus W. Vax Pm-rsx, Ja. Joax A. BuaTOx, Ja. Jsasss C.DiawczEs Rassar L. Mss.r.sa, Ja. Scorr D. Eu.sa C8A8LE5 C. BEROZ7IST G�oso$ O. LIIncs$ E. JOSEPB I�FAVE III GBEOOHY D. SOIILE CATHY E. GOHLIN PsTaics B.HExxsssY C$RISTINE K. $OLSO Tia�o'rax A. Su�vex TertaiY L.Pusr Baiwx F. RJCE BEST 8c FLANAC3AN Az-roxx�s er Lew 350o IDS CErrr$a Mixx$epoi.ts, MixxESOTe aaao2 - $ua TELEPHONE (912) 336 - 7121 TELECOPIER (6121 339-6�897 June 27, 1989 Mr. Thomas M. Zappia Beugen & Iverson, Ltd. , Attorneys at Law 2300 Central Avenue N.E. Minneapolis, Minnesota 55418 Re: Skywooci Mall Dear Tom: 6H J. Vex S�zxsur+os J. ZvsaE Jo� P. BvYL$ ROS3 C. F'OEMELL CBEISTOPSEg C. FOY GsanT ScasxB Gi.ov� SABAH S. GpDFREY Or GoaxstL CH�BLES S. BE3.I.0�+5 Waan B. I.Bwis GEO$ORH MALONEY LLONABD W.SIMONET JsacES I. BESr UoOQ • t09E� Roasaz J. Fu,xwowx 116pB-1�74) Confirming our telephone conversation today, enclosed please find draft documents received from Fred Thorson, on behalf of TCF, relating to the proposed agreement concerning the Skywood Mall parking lot and traffic pattern, I understand that you will take this matter up with the partners of Skywood Mall. FJW:emw enclosures cc: ..�4�r ;�Fred L. Thorson 6370Q . Yours very truly, _ �Jbtio�n►�q� Frank J. Walz � 7 C ITY OP FP.IDT,EY P�TITZON C�J�R SHEI,T Petition No. 10-1989 Date F.eceived June 20, 1989 Gbject Permit Dahl & Associates, Inc. to install monitoring.well on City property near Jet Station, 7600 University Avenue N.E. Pctition CheckEd By Date Per.cent Signing Referred to City Council Disposition � � �� DAHL & ASSOCIATES, INC. _ .,, ,, ��: �:5, _ _ _ . .� _ \ 7A June 16, 1989 Mr. john Flora City of Fridley Public Works Department 6431 University Avenue NE Fridley, MN 55z�2 Re: Permit to Install Monitoring Well on City Properiy Near Jet Station, 7600 University Avenue NE, Fridley, Minnesota. Dear Mr. Flora: With regard to our telephone conversation of 5/24/89, Dahl & Associates, Inc. would like to request permission to install a monitoring well, just west of the service road which lies immediately west of the above-referenced Jet Station. A map noting the proposed location of the well is attached. This well is necessary in order to assess the petroleum hydrocarbon contamination stemming from a previous gasoline release at this site. This release has been fully documented with the Minnesota Pollution Conirol Agency, which has requested the remedial investigation under which this well is included. The well will be installed according to the Minnesota Department of Health's (MDI� Water Well Code, and saznpled on a quarterly basis. The well will be completely registered with the MDH. We estimate that the well will be needed for at least three years. However, should improvements to the service road necessitate the removal of the well, it will be abandoned at the expense of Kayo Oil Company, by a licensed well driller, per Minnesota Well Code. Dahl & Associates, Inc. will abide by any city ordinances and/or ooncerns regarding the well's exact placement, and outward appearance. a Mr. john Flora 6/16/89 Page 2 Should you require any additional information regarding this well or its installation, please feel free to call our office anytime. We appreciate your time and attention to this matter, and will look foreword to hearing from you soon. Sin rely Yours, ,�.,��''L'�� Daniel W. Wiberg Pr�jeet Ma:►ug2; enclosures DWW/dmc cc: Paul Taylor, Kayo Oil Company � I :� J � � � �, ^ �. T ' � J � T 3 3 3 J � cc .. . ca u �., •.i p •.a C3 � � � Z ` IIo`. � . � I � � .� v � � c -v � � ►� v? O 0 � Q -P'� � 0 0. � n e � U .� L .�1 („i„ �H � �o I a� ._. :C a � r v O a _ _� _ ^ --- L C � - , � �� F�¢ o CJ v G � (f1 _ ;, u / � j��' � � m — �'�/ � W � W _ �j/// ""� � N � � � � � i w ° p � `r/ . �N� `p �TJ pS�� ' � : /` �er � � i � � � z I � > . � . a- H � > N z � 1 1 I . � I '� :�..r.�.�..� . . � __��: ■ �/ � I I � � � t Y < � u Z L: : ❑ � v a 0 i �� TO: FROM: DATE: Engineerinq 'Sewer 'Water Parks Streets Maintenance MEMORANDUM william W. Burns, City Manager,�:�� John G. Flora,�Public Works Director July 6, 1989 PW89-166 SIIBJECT: Consideration for Installing a Monitoring Well on City Property. Dahl & Associates, Inc. working for Connoco Oil Co. is doing a ground water monitoring evaluation of the Jet Station property on the intersection of Osborne Road and University Avenue. This area is a service station with underground fuel tanks. In their analysis of the property, they propose to install a down stream monitoring well on the west side of the service road in the boulevard in front of the Cub property. Recommend the City Council receive Petition No. 10-1989 from Dahl & Associates, Inc. and authorize the placement of a monitoring well in the boulevard with the condition that the City be held harmless for any damages which should occur as a result of the installation and maintenance of the monitoring well and that the City be provided copies of the monitoring information for our records. JGF/ts Attachments 7D / � fW� � CZTY OF FRIDT.EY P�TITiON COV�R SHEI:T Petition No. 10-1989 Date Received June 20, 1989 Object Permit Dahl & Associates, Inc. to install monitoring well on City property near Jet Station, 7600 University Avenue N.E. P�titio�l Checked By Aate Per.cent Sisning Referred to City Council Disposition 7E �� ` �� DAHL & ASSOCIATES, INC. Em�ironrncntai Op�rati��;is 2?03 ��'}c1iiT Str�e: St Paul. '�1\ ��; 1-� Tel. 612-6�t �!�� i 3• FAX 61 Z-64-i-6370 June 16, 1989 Mr. john Flora City of Fridley Public Works Department 6431 University Avenue NE Fridley, MN 55i32 Re: Permit to Install Monitoring Well on City Property Near Jet Station, 7600 University Avenue NE, Fridley, Minnesota. Dear Mr. Flora: With regard to our telephone conversation of 5/24/89, Dahl & Associates, Inc. would like to request permission to install a monitoring well, just west of the service road which lies immediately west of the above-referenced jet Station. A map noting the proposed location of the well is attached. Thi.s well is necessary in order to assess the petroleum hydrocarbon rnntamination stemming from a previous gasoline release at this site. This release has been fully documented with the Minnesota Pollution Control Agency, which has requested the remedial investigation under which this well is included. The well will be installed according to the Minnesota Departrnent of Health's (MDI� Water Well Code, and sampled on a quarterly basis. The well will be completely registered with the MDH. We estimate that the well will be needed for at least three yeazs. However, should improvements to the service road necessitate the removal of the well, it will be abandoned at the expense of Kayo Oil Company, by a licensed well driller, per Minnesota Well Code. Dahl & Associates, Inc. will abide by any city ordinances and/or conrerns regarding the well's exact placement, and outward appearance. 7F 7G Mr. john Flora 6/16/89 Page 2 Should you require any additional information regarding this well or its installation, please feel free to call our office anytime. We appreciate your time and attention to this matter, and will look foreword to hearing from you soon. Sin erely Yours, ��'✓�'�/.�'!�-f/ Daniel �N. Wiberg Pr�ject �4ar.ag2: enclosures DWW/dmc cc: Paul Taylor, Kayo Oil Company I :C y ( •- C L •ri � ^ ?. T :.. ti CC'3 � U r .� o .� � < — z C I I � � �' : I r-i � N = 00 C .� .� �o o� a •� O CO :�+ L 11 e �-. C.1 �� . ._ � i � O � � T f,�. � � G ..3 �� /�� g4 P'� OS�'��N� : / � e � z I • > I < . a• E-� H :i� x � > H z � �I 0 .� � f0 U � O .-I �� N N ''� � +� N ts r�tn� � O •�-+ •� a s� �Coo o Q� �o� ' T ._ --- � ,., : w � � � � v I Q W N = O � � � < - G � � / � :�� f� om.; �� o � T W V' � �i. � � � 4 ` � � vui r o � ■ //, � I ; I � ' i � ❑ : � I D� = � D� � u Z � � `` � � I ❑ I � � � � � �-.TLT-•T-��. --2-�RT : Engineering Sewer Water Parks streets Maintenance MEMORANDUM TO: William W. Burns, City Manager �� PW89-167 FROM: John G. Flora �Public Works Director Mark A. Winson, Asst. Public Works Director DATEt July 6, 1989 SUBJECT: Change Order No. 6 for Street Improvement Project No. ST. 1988 - 1& 2 Change Order No. 6 to Street Improvement Project No. ST. 1988 - 1 & 2 is for the installation of an irrigation controller and appurtenances to the irrigation system along East Moore Lake Drive. It was originally intended that the system for the boulevard irrigation would be connected to the irrigation system for the new shopping center and health club being constructed on the south side of East Moore Lake Drive. � As the private irrigation system will not be in operation for several weeks and cannot service the northern side of the road well, the HRA Executive Director has concurred with the recommendation that a separate controller be instal2ed for the public portion of the irrigation system. Recommend approval of Change Order No. 6 to Street Improvement Project No. ST. 1988 - 1& 2 in the amount of $2,500.00 MAW/ts Attachments 0 u / a �n� CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVE., N.E. FRIDLEY, MN 55432 July 10, 1989 C.S. McCrossan Const. Co., Inc. P.O. Box 247 Maple Grove, NIN 55369 SUBJECT: Change Order No. 6, Street Improvement Project No. ST. 1988 - 1& 2 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Street Improvement Project No. ST. 1988 - 1& 2 by adding the following work: Addition• APPROX. ITEM OUANTITY PRICE 1. Irrigation Lump Sum Controller, Vacuum breaker and protective enclosure $2,500.00 AMOUNT $ 2,500.00 TOTAL ADDITIONB . . . . . . . . . . . . $ 2�500.00 TOTAL CHANGE ORDERS: Original Contract amount. . . . . . . . . . . .$ 851,807.20 Contract Additions - Change Order No. 1. ... 13,901.00 - Change Order No. 2. ... 22,857.30 - Change Order No. 3. ... 52,095.50 - Change Order No. 4. ... 47,109.75 - Change Order No. 5. ... 15,815.50 - Change Order No. 6. ... 2,500.00 REVISED CONTRACT AMOIINT $1,006�086.25 Y : � G C.S. McCrossan Const. Co., Inc. Page Two Change Order No. 6 July 10, 1989 Submitted and approved by John G. Flora, Public Works Director, on the 1�.,�h day q,�uly, 1989. � by G. Flora, P.E. rector of Public Works Approved and accepted this i � �� day of �� Ly � c( , 1989, by —�— C.S. MCCR088AN CONST. CO.� INC. �� . Thomas Ken y, Project Manager Approved and accepted this day of , 1989, by CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager • � "� , � �� : _ � �- ��-, -- -r; �_ --_ : - __ � — �-�. � _ — - - �_ _ � ` -, - -- _ _ _ -, + �' � .e, i o ^ �rr� , . p4= '' ' ' � %''n�'%`� � = �--�, � o�� , - _ _ -c� � ; � � _ � e� � � - � � �---- -�,_ -- �, . ti-- �„�,.__..�.�- � . �.�..��_ � ��ti � `� - • • - ��1 � � ' i "'�- • I ` f `��l �� . � � . � ,� ;. ,• �� : 1 e M �J v ' �' ,; � ' • ._ � i • ;' • v , .` y; .� ,� v q • / r • f1 i d � �C • �� d, 4 d�. .�I�. �� O. _� � ��. S � � .t,� y�. �!v^• � �� '��• ,lr'� _e � �� . o�� ----� - - : � �, �-° � � � � � - -� -� g --� -� � _ _ __---�___ -� � --�--�.� �. ,�- $ , �� , � ;� E ;. , �=-=-��--�--�_ �,-�. �- �- ��..:: �: J.�.- = -� , -+__,� ��--_�_ �� MOORE LAKE RAC�UET� cau�e�s�n wose.K � �" •`"'�= ,:, � SWIM, dc HEALTH CLUB �* �� 01"� � MOORE LAKE COMMONS ��Er, riw�sor� � RETAIL CENTER — m ��!] Engineering Sewer Water Paiks Sireets Maintenance MEMORANDUM �� f PW89-168 TO: William W. Burns, City Manager�. FROM: John G. Flora, Public Works Director DATE: July 6, 1989 BIIBJECT: Consideration of Receiving & Awarding Bids for the Fridley Municipal Center Landscaping Project Kraus-Anderson Const. Co. readvertised the Landscaping Project for the Fridley Municipal Center. Bids were opened on July 3, 1989. Tam Sackett of Kraus-Anderson Const. Co. will be submitting a list of bidders and a recommendation for Council's action at their July 10 meeting. This information will be provided as soon as it is received. JGF/ts �� DL.F.Y Engineering Sewer Water Parks Streets Maintena�ce MEMORANDUM �' TO: William W. Burns, City Manager �� PW89-169 FROM: John G. Flora, Public Works Director DATE: July 6, 1989 SIIBJECT: Consideration of Receiving & Awarding Bids for the Fridley Municipal Center Signage Project Kraus-Anderson Const. Co. readvertised the Landscaping Project for the Fridley Municipal Center. Bids were opened on July 3, 1989. Tom Sackett of Kraus-Anderson Const. Co. will be submitting a list of bidders and a recommendation for Council's action at their July 10 meeting. This information will be provided as soon as it is received. JGF/ts �I�� •. � RESOLIITION NO. - 1989 RESOLQTION TO ADVERTISE FOR BID FOR MIINICIPAL CENTER MECHANICALLY ASSISTED CENTRAL FILE SYSTEM BE IT RESOLVED, by the City Council of the City of Fridley as follows: l. That it is in the interest of the City to award bid contracts for the following items or materials. MECHANICALLY ASSISTED CENTRAL FILE SYSTEM AND CENTRAL FILE SUPPLIES 2. A copy of the specifications for the above described items and materials have been presented to the Council by the City Manager and the same are hereby approved and adopted as the plans and specifications; payment will be contingent upon final inspection and approval of the project by the City. . 3. The purchase of said items and materials as described above shall be effected by sealed bids to be received and opened by the City of Fridley on August 1, 1989 at 11:00 a.m. The City Manager is directed and authorized to advertise for the purchase of said items and materials by sealed bid proposals under notice as provided by law and the Charter of the City of Fridley, the notice to be substantially in form as that shown by Exhibit "A" attached hereto and made a part of by reference. Said notice shall be published once in the official newspaper of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK � 11 ��.. MEMO TO: wILLIAM W. BIIRNB� CITY MANAGER �, FROM: �ILLIAM C. BIINT� �SSISTANT TO THE CITY lYIANAGER`� SIIBJECT: NAME CHANG$ FOR NORTBERN MAYORB A880CIATION DATE: JIINE 28, 1989 �1- ,� r�� „�ectors o��, Northerrt l�iayors Associa ! �� ,.�f .. , .... ' ".a.,_ This will re �aq��ee�n �� .�A� resolutiio� � ] The Board also selected a name for the joint powers marketing organization. It will be called "North Metro Development Association (NMDA)." Since the City of Fridley is not participating in the NMDA, no action is required on this matter. I request that you submit the attached resolution to the Fridley City Council for action at its meeting of July 10, 1989. � 12 RESOLIITION NO. __ - 1989 A RESOLIITION AIITHORIZING PiMENDMEI�IT OF A JOINT POWERS AGREEMENT TO FORM A COALITION OF METROPOLITAN COMMIINITIES TO PROVIDE FOR A CHANGE IN NAME WHEREAS, by virtue of a motion at the City Council meeting on January 6, 1986, subsequently amended by a motion at the City Council Meeting on April 7, 1986, the City of Fridley entered into a joint powers agreement with other public entities to form the Northern Mayors Association; and WHEREAS, certain amendments to said joint powers agreement have been proposed which, among other things, change the name of the organization to "The North Metro Mayors Association;" and WHEREAS, this name change will clarify the identity of the organization for the public at large; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the Mayor and the City Manager be authorized to execute the amended Joint Powers Agreement to Form a Coalition of Metropolitan Communities attached as hereto as Appendix A. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 12A Appendix A 1 2B JOINT POWERS AGREEMENT TO FORM A COALITION OF METROPOLITAN COMMONITIES THIS AGREEMENT, made and entered into this day of , 1989, by and between the city of and other political subdivisions executing identical agreements, hereinafter referred to as "Agencies." The Agency hereto agree to establish an organization tu be known as the North Metro Mayors Association to promote transportation and economic development projects. Any other public entity may become an agency upon approval by a majority of the then Agencies. Minnesota Statutes Section 471.59 authorizes two or more governmental units to enter into an agreement for�the joint and cooperative exercise of any power common to the contracting parties. Whereas, improvements to transportation systems serve the Agencies by promoting the public's health, safety and general welfare and economic development enhances the local tax base thereby enabling the Agencies to provide needed municipal services at acceptable tax rates. NOW THEREFORE, pursuant to the authority granted by Minnesota Statutes Section 471.59, the parties hereto do agree as follows: 1) BOARD OF DIRECTORS. The governing body of the coalition shall be its Board of Directors. Each agency shall be entitled to two (2) directors. Each director shall have one (1) vote. Each agency shall appoint two (2) directors, one (1) of whom shall be the City Manager or Administrator or other designee. � � 12C A majority of the Board of Directors shall constitute a quorum of the Board. 2) MEETINGS. The coalition shall meet on call of the president or by the Operating Committee. 3) OPERATING COMMITTEE. The Board of Directors shall appoint an Operating Committee. The Operating Committee shall have authority to manage the affairs and business of the coalition between coalition meetings., but at all times, shall be subject 'co the control and direction of tne Board. The Operating Conunittee shall meet as needed at a time and place to be determined by the Operating Committee. 4) FINANCIAL MATTERS. Coalition funds may be expended by the Board. Other legal instruments shall be executed with the Authority of the Board. The Board shall have no authority to expend funds in excess of the coalition funds or incur any debt. The financial contribution of the Agencies in support of the coalition shall be per capita for full members. Each of the Agencies shall, by February 2nd of each year, pay to the coalition an amount as annually determined by the coalition based on the most recent Metropolitan Council population estimates. The Board may authorize changes in the per capita charge for all members upon majority vote. The annual assessment levy shall be determined by October lst of the preceding year. � 12D The Board may receive financial contributions from private associations, entities or financial institutions. Such associations, entities or institutions shall then become honorary associate members. Honorary associate members may send representatives to Board meetings, but shall not be entitled to representation on the Board or have any voting rights. 5) WITHDRAWAL. Any Agency may withdraw from this agreement effective on January 1 of any year by giving notice prior to October 15 of the preceding year 6) TERMINATION. The coalition shall be dissolved if less than three (3) Agencies remain, or by mutual signed agreement of all of the Agencies. Upon termination, remaining assets of the coalition shall be distributed to the full members still remaining at the time of termination, pro rated�according to their respective contributions. 7) NOTICES. All notices or other communications required herein shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid, addressed to the following parties: President, Board of Directors, and Chairman, of the Operating Committee. 8) AMENDMENTS. This agreement may be amended and become effective only by written agreement entered into by all members in good standing. 9) MIILTIPLE ERECUTION. This Joint Powers Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original and all such counterpart shall constitute but one and the same instrument. An originally executed counterpart shall be filed with Joseph D. Strauss, Executive Director, North Metro Mayors Association, 8525 Edinbrook Crossing, Suite #5, Brooklyn Park, MN 55443. 3 12E 10) EFFECTIVE DATE. This agreement shall be in full force and effect upon receipt by Joseph D. Strauss, Executive Director, North Metro Mayors Association, 8525 Edinbrook Crossing, Suite #5, Brooklyn Park, MN 55443, if at least three (3) joint agreements, along with a copy of a certified resolution of the governing bodies authorizing the execution and delivery of the contract,. CITY OF By: BY= 4 12F NORTHERN MAYORS ASSOCIATION Organized 1985 June 14, 1989 Mr. William Burns City Manager 6431 University Avenue N.E. Fridley, MN 55432 Dear Mr. Burns: At our last Board of Directors meeting two actions where taken which require each participating community to pass new joint powers resolution. The Board elected to change the name of the Northern Mayors Association to: North Metro Mavors Association (NMMA). Enclosed for your processing is a new joint powers agreement reflecting this change. Some minor non-substantative language changes, are also included, that were suggested by counsel from one of our member communities. The Board also selected a name for the new joint powers marketing organization, to wit: North Metro Development Association (NMDA). For those eleven communities that are participating in the North Metro Development Association find enclosed a revised joint powers agreement reflecting this name change, as well as, some minor non-substantative language changes that make the document consistent with the NMMA agreement. Please have your city council pass resolutions adopting these joint powers agreements. Rec,�uest that you return to mY attention both a certified copv of the resolutions adopting these new ioint powers actreements, as well as a copv of the new joint powers agreements fullv executed. Note, only those communities that are members of the North Metro Development Association need to return that agreement. If you have questions please call. Sincerely, J e D. Strauss 8525 Edinbrook Gossing, Suite 5, &ooklyn Pr�rk, MN 55443 (612) 493-5115 � FAX (612) 424-1174 � 13 �. MEMO TO: WILLIAM W. BURNS, CITY MANAGER �,`� FROM: WILLIAM C. HUNT, ASSISTANT TO THE CITY MANAGER/�� SUBJECT: SKATEBOARD ORDINANCE DATE: JULY 6, 1989 For a number of months there has been concern about the problem of skateboarding in the Fridley Plaza, on the new parking ramp, and on city tennis courts. The main concerns are the City�s liability for injuries to skateboarders and damage to the surface of tennis courts. After reviewing ordinances passed in Cottage Grove, Edina, and Minneapolis, and after consulting with personnel in the various city departments and with the City Attorney, the attached ordinance has been developed to address the problem. I request that you present it to the Fridley City Council for consideration at the meeting scheduled for July 10, 1989. r 13A ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY ADDING CHAPTER 513 REGIILATION OF SRATEBOARDB, 1tOLLER8RI8, ROLLERSRATEB, AND ROLLERBLADES The City Council of the City of Fridley does hereby ordain as follows: 513.01. PIIRPOSE 1. The purpose of this Chapter is to protect the public health and safety arising out of the use of skateboards, rollerskis, rollerskates, and rollerblades within the City; to regulate the use thereof upon public streets, sidewalks, and bikeway- walkways; to prohibit the same from Fridley Plaza Center and from public tennis courts; to prohibit the same from public or private parking areas without permission of the owners; and to provide penalties for violations. 2. Nothing in this Chapter shall be construed to prohibit the use of a wheelchair or any other wheeled device designed to assist a disabled person on any of the places mentioned in this Chapter. 513.02. DEFINITIONS The following definitions shall apply in the interpretation and application of this Chapter, and the following words and terms, wherever they occur in this Chapter, are defined as follows: 1. Skateboard. A non-motorized platform mounted on wheels which are not greater than six (6) inches in diameter. 2. Rollerski. A non-motorized ski-like device mounted on wheels which are not greater than six (6) inches in diameter. 3. Rollerskate/Rollerblade. A non-motorized device with wheels not greater than six (6) inches in diameter which is attached to a shoe or designed to be attached to a shoe. 513.03. PROHIBITED ACTS It shall be unlawful for any person to ride or propel himself upon a skateboard, rollerskis, rollerskates, or rollerblades in any of the following circumstances: 1. In the Fridley Plaza Center bounded by Fourmies Avenue on the south, by N.E. 5th Street on the east, by the Fridley Municipal Center on the north, and by University Avenue Service Drive on the west. 2. On any public tennis court in the City of Fridley. 3. On any public or private parking lot, ramp, area, or facility without the expressed permission of the owner. 4. In any area within the City while being pushed, pulled, or in anyway propelled by any motorized vehicle or by a person on a bicycle. 5. Contrary to the statutory provisions applicable to the operation of bicycles. 513.04. E%CEPTIONS The provisions of this Chapter shall not prohibit the owner of a property from using those premises for skateboards, rollerskis, rollerskates, or rollerblades for the owner's own use or for an organized event conducted with the owner's permission. 513.05. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. 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 13B � � � North Star Risk Services, Inc. August 18, 1988 Mr. William C. Hunt Assistant to City Manager City of Fridley 6431 University Avenue, N.E. Fridley, MN 55432 RE: Sk�teboarding Activity on City-owned Premises Dear Mr. Hunt: I just had a telephone discussion with the City's agent-of-record, Conway Olson, advising me of concerns on the part of the City of Fridley due to some skateboarding activity that is taking place in an area near the City Hall building. Mr. Olson requested that I correspond with you concerning this situation and provide advisement to you from a loss control/risk management standpoint. This is a quite timely issue since we have encountered a number of other communities in recent weeks who seem to be faced with a "skateboarding dilemma" where skateboarding is either taking place on city property or has become an intrusion to citizens because of skateboarding activity occurring on street and sidewalk areas, as well as peripheral city parks. There have even been some instances where organized skateboarding groups, parents of youthful skateboarders, etc., have approached city government requesting that the municipality provide a skateboarding area under the theory that this will alleviate the problem.s of "skateboard congestion" in public thoroughfare areas. As part of your deliberations for handling this potential liability exposure, I would like to present some thoughts and recommendations in this regard. First, in your particular case, it should be recognized that the City could be construed to have actual and/or constructive notice of the existence of this skateboarding activity on City property. 1401 West 76th Street, Stiite 550 ■ Minneapolis, Minnesota 55423 ■(612) 861-8600 ■ FAX (612) 861-8643 13C 13D Mr. William C. Hunt City of Fridley August 18, 1988 Page Two Because of the inherent extremely hazardous nature of skateboarding activity in an uncontrolled environment (or even a controlled one, for that matter!), it would seem imprudent to ignore this situation and let it continue. Hence, it will probably be necessary for the City to enact some increased enforcement of prevention of skateboarding activity on City property. I'll be the first one to admit that this is not necessarily going to be one of the most pleasant tasks to undertake. The Minneapolis police department began upscaled enforcement of skateboarding on the Nicollet Mall more than a year ago and received some press and television/radio media coverage which didn't a2ways place them in a good public relations light. However, I think the City can take some steps to create a positive light for enforcement of this activity.� It is suggested that the City look into initiating contact with citizens through the use of such things as the official newspaper used by the City, community access channels on the City cable TV system, and any other appropriate media sources, such as a newsletter that may be printed by the City for distribution to the citizens. Announcements can be done in a positive manner to indicate the City's concern for the safety of its citizens and the need for enforcement of this skateboarding activity as it may affect City property. I would also suggest that you keep close contact with your police department and administrators (or other City employees who may be doing enforcement work) so that the best possible positive enforcement activity can be accomplished. Again, the most serious violators will probably be facing some type of fine or confiscation of their skateboards, and this can lead to a nasty confrontation if it's not handled properly. I mentioned earlier in this letter of the fact that several other communities have been approached by outside groups to petition city government for creation of a skateboard facility, such as in a city park, to provide a skateboard area for skateboard users. This quite often is done under the indication that such a facility would then allow for a place for these people to go and would help to get them off the streets, sidewalks, parking lots, and other public areas. From a loss control/risk management standpoint, I see a lot of flaws in this type of approach. 13E Mr. William C. Hunt City of Fridley August 18, 1988 Page Three First, I question whether creation of such a facility is going to significantly impact the use of skateboards in other public areas. If a facility was created that presented a significant challenge to draw a large number of skateboarders, taking them off the public ways, the facility would have to be so large and complex that it would create an administrative and risk management nightmare for the city. A facility of this type would require full security arrange- ments so that it could not be used unless it was under proper and complete supervision by experienced persons. Even with that in place the exposure, because of the type of sport that this is, would, in all likelihood, dictate an increased premium and/or deductible structure to recognize the exposure from the standpoint of the League of Minnesota Cities Insurance Trust. On the other hand, if only a minor type facility is created -- say a flat area which has been paved smooth to allow for skateboarding activity, you would still have an increased exposure to public property under the control of the city, and I really seriously doubt if a minimal facility such as this would serve to attract significant numbers of skateboarders to take the pressure off other public areas. It seems from our initial research, that this type of exposure is better handled in the private sector. Even with that, research indicates that many, if not most, of the private skateboard facility operators are currently operating without any siqnificant liability insurance coverage. This speaks at least briefly as to the type of exposure presented here and raises the question as to why a municipality should be expected to ignore that exposure simply to provide a facility for what amounts to a limited number of individuals in comparison to the total population who must face the exposure as citizens and taxpayers. Again, to the skateboarding enthusiasts this seems like a"bah humbug" approach, but we have to keep our sensibilities and recognize what type of serious exposure this is, and whether the public at large should be expected to support such an exposure, financially or otherwise. 13F Mr. William C. Hunt City of Fridley August 18, 1988 Page Four For your information, we are in the midst of a researching process at this time, both through our offices and the League of Minnesota Cities Insurance Trust legal department. This includes research into accident and injury statistics involving skateboarding activity, as well as what other governmental entities and programs are doing to address this situation. Once that research and data has been compiled, we should be in an even better position to provide advisement in this area. I hope that these comments and suggestions will give you some insights to help you in your deliberations on this matter. I do recommend that steps be taken to address the situation as soon as possible to avoid potential claims from this hazardous activity. Sincerely, David L. rugg Loss Control Man ger North Star Risk Services, Inc. DLD/cp cc: Conway Olson, T.C. Field & Co. Ellen Longfellow/Jack Hennen, League of Minnesota Cities George O'Connor, North Star Risk Services n REBOLIITION NO. - 1989 A RESOLIITION AIITHORIZING AN INCREASS IN COMPENSATION FOR THE CITY MANAGER WHEREAS, the employment contract between the City of Fridley and William W. Burns, City Manager, states that his salary shall be adjusted upan review after he is employed for six months; and WHEREAS, on March 1, 1989, William W. Burns completed six months of employment, and thereafter the agreed upon review was conducted by the Fridley City Council; and WHEREAS, the above mentioned employment contract provides for a contribution of 4.25$ of the City Manager's salary to the I.C.M.A. Retirement Corporation in lieu of a contribution to the Public Employees Retirement Association (PERA); and WHEREAS, recent state legislation has raised the employer's contribution to PERA to 4.48�; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the annual salary rate for William W. Burns as City Manager shall be $67,600.00 effective March 1, 1989. Thereafter any future salary adjustments shall be as provided for in the City budget as approved by the City Council. BE IT FURTHER RESOLVED that the contribution of the City of Fridley to the I.C.M.A. Retirement Corporation in lieu of the employer's contribution to PERA be 4.48$ effective July 1, 1989. PASSED AND ADOPTED BY TiIE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Y WILLIAM J. NEE - MAYOR 14 �'�� FOR CONCURRENCE BY THE CITY COUNCIL !! J FRI�L�EY Jul v 10, 1989 Type of License: By; Approved By: AUCTIONEERS • LZCEN8E8 Fees: _ Michael Servetus C.S. Greene James P. Hill Asking Fees Unitarian Society Public Safety Director to be waived 980 - 67th Ave. N.E. Fridley, Mn. 55432 , I CIGARETTE FMC Corp. Service America Corp, James P, Hill � $60.00 4800 E. River Rd. Public Safety Director Fridley, Mn. 55432 CHARITABLE SOLICITOR Flowers Boys & Girls Club 3105 Girard Ave. No. Mpls. Mn. RELIGIOUS SOLICITOR Columbia Htgs.Concration of Jehovahs Witnesses 8654 VanBuren N.E. Mpls. Mn. 55434 TREE REMOVAL Ceres Tree Co. 2504 W. Co. Rd.6 St.Paul, Mn. 55113 Linda Jackson Don Wiederholt James P. Hill Public Safety Director James P. Hill Public Safety Director David A. McIntyre Ralph Volkman Supt.Of P.W. 0 Asking Fees to be waived Asking Fees to be waived $40.00 � � FOR CONCURRENCE BY THE CITY COUNCZL �� JULY 10, 1989 ELECTRICAL Industrial Electric Company 600 South 9th Street Minneapolis, MN 55404 By: Sherman Wollan GAS BERVICES C.O. Carlson Air Conditioning Co. . ' �203 Bryant Avenue N. Minneapolis, MN 55411 By: Thomas Lindskog Climate Designers 3149 - 162nd Lane N.W. Andover, MN 55304 By: Barry Gusk Dickey's 17139 Verdin Street NW Andover, MN 55304 By: Dick Slayton Terry Pittman Heating & Air Cond. 55 North Lake Street Forest Lake, I�T 55025 By: Terry Pittman Metro Gas Installers Inc. 1219 -lOth Street NW, #304 New Brighton, MN 55112 By: Bill Lahti GENERAL CONTRACTOR The American Handyman Cont. Inc. 1202 Hathaway Lane N.E. Fridley, MN 55432 By: Mike Welsh Brickner Builders Inc. 6240 Highway #65, #208 Fridley, I�T 55432 Byers Construction 8695 Nashua Avenue Elk River, 1�1 55330 By: Richard Brickner By: Bill Byers DeMac Homes Inc. � 14405 - 21st Avenue, Suite 118-B Plymouth, MN 55447 By: Reith McConnell Rerchner Construction 3630 -153rd Avenue N.W. Andover, MN 55304 m 0 By: Bill Kerchner 17A LICEN8E8 STATE OF MINN DARREL CLARK Qiief Bldg Ofcl Same Same Same Same DARREL CLARK Chief Bldg Ofcl Same . Same Same Same Mochinski General Contractors, Inc. 27540 Kirby Chisago City, MN 55013 By: Richard Mochinski Murphy Bros. Building & Remod. Co. 1337 Gardena Avenue Fridley, 1�T 55432 By: John Murphy Normandale Services Route #1 Isanti, MN 55040 By: Norman Hullinger Petroleum Maintenance 3172 Spruce Street St. Paul, MN 55117 Porch Masters Inc. 38 -104th Avenue N.W. Coon Rapids, MN 55433 Prestige Pool & Patio 245 East Roselawn Avenue St. Paul, MN 55117 Quarve Exteriors 8317 Monroe Street N.E. Spring Lake Park, MN 55432 Realty-One Inc. 8437 University Avenue NE Spring Lake Pk, NIIJ 55432 Sather Design/Build 7920 Powell Road Hopkins, MN 55343 Stewart Homes 1790 -118th Avenue N.E. Blaine, MN 55434 Twin City Storm Sash Co., Inc. 10825 Greenbrier Road Minnetonka, 1�IIJ 55343 By: Joe Kielsling By: J.T. Williams By: Patrick Henry By: Patrick Quarve By: Henry Breems By: Tom Cummings By: Skip Stewart By: Fred Bergacker R. A. Ungerman Construction Inc. 4330 Upton Avenue South Minneapolis, 1�1 55410 By: Ted Brinlaaan Western Construction Co. 4301 Highway #7 Minneapolis, MN 55416 By: Milton Chazin 17B Same Same Same Same Same Same Same Same Same Same Same Same Same HEATING Climate Designers 3149 - 162nd Lane N.W. Andover, MN 55304 Dickey's 17139 Verdin Street N.W. Andover, MN 55304 Kraemer Heating Inc. 7441 Dallas Court Maple Grove, MN 55369 By: Barry Gusk By: Dick Slayton By: Richard Kraemer Master Mechanical Inc. 9864 James Circle Bloomington, N+IId 55431 By: Gordon Peters Terry Pittman Heating & Air Cond. 55 North Lake Street Forest Lake, MN 55025 By: Terry Pittman PLIIMBING All American Mechanical 496 North Prior Avenue St. Paul, MN 55104 Boedeker Plumbing & Heating 2905 Garfield Avenue South Minneapolis, NIN 55408 T. H. Denison Plumbing 6040 Pinewood Lane Minnetonka, MN 55345 17C DARREL CLARK Chief Bldg Ofcl Same Same Same Same By: Charles Rosenberger STATE OF MINN By: Chester Boedeker By: Tom Denison Hutton & Rowe Inc. 212 6- 2 nd Avenue Anoka, MN 55303 By: Leslie Rowe Loop Belden Porter Inc. 315 Royalston Avenue North Minneapolis, MN 55405 By: Douglas Hayes McGuire Mechanical Services Inc. 20830 Holt Avenue, PO #219 Lakeville, I�1 55044 By: Tim McGuire Nova Frost Inc. 1510 - 5th Avenue New Hope, MN 55055 By: Frank Frost Roseville Plumbing & Heating 65 South Owasso Blvd St. Paul, MN 55117 By: Greg Deeb r Same Same Same Same Same Same Same Robert Schaaf Plumbing & 12555 -92nd Place North Maple Grove, MN 55369 ROOFING Top Gun Roof ing 9644 Ximines Lane Maple Grove, MN 55369 Heating By: Robert Schaaf By: Bryan Shiltz 17D Same DARREL CLARK Chief Bldg Ofcl FOR CONCURRENCE BY THE CITY COUNCIL ESTIMATES July 10, 1989 Herrick & Newman 6401 University Avenue Northeast Suite 205 Fridley, MN 55432 For services rendered as City Attorney For the month of June 1989 . . . . . . . . . . . $ 6,021.95 HNTB 6700 France Avenue South Suite 260 Minneapolis, NIId 55435 Water Distribution System Study Project No. 191 Estimate No. 2 . . . . . . . . . . . . . . . . . . $ 2, 082. 06 C. S. McCrossan, Inc. P. O. Box 1240 Maple Grove, I�T 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 14 . . . . . . . . . . . . . . . . . . $ 68, 725.99 J. T. Noonan 3601 - 48th Avenue North Brooklyn Center, MN 55429 Corridor Maintenance Project No. 190 Estimate No. 3 . . . . . . . . . . . . . . . . . . $ 4, 980. 72 Volk Sewer & Water, Inc. 8909 Bass Creek Court Brooklyn Park, 1�T 55428 Water, Sanitary Sewer & Storm Sewer Project No. 188 Estimate No. 4 . . . . . . . . . . . . . . . . . . $ 3,996.65