The URL can be used to link to this page

05/21/1990 - 4969WILLIAM W. BIIRNB CITY MANAGER COONCIL MSETING MAY 21� 1990 _ FRIDLEY CITY COIINCIL KEETING� MAY 21, 1990 PUBLIC HEARING: Final Plat, P.S. #90-02, Michael Servetus 2nd Addition, by Kate Kemper and Phyllis Forsberg for the Nlichael Servetus Unitarian Society, Being a Replat of Outlot A, Michael Servetus Addition, to Create Four Separate Lots, Generally Located at 980 - 67th Avenue N.E. `� v `� e . . . . . . . . . . . 1 - 10 Vacation, SAV #90-01, by Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society to Vacate oakley Street � as dedicated in the Plat of �� Michael Servetus Addition, ` Generally Located West of ' �` 980 - 67th Avenue N.E. . . . . . . . . . . . . 2 - 2H OLD BIISINESS: Commission Vacancies and Terms That Will Expire in 1990 for City Council Consideration . . . . . . . . . . . 3 Paqe 2 FRIDLEY CITY COIINCIL MEETING, MAY 21, 1990 NEW BIISINE88: First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof . . . . . . � ,A, i /I r r _ 1 . . . . . . . . . Receive an Item from the Minutes of the Appeals Commission Meeting of May 8, 1990 . . . . . . . . . . . . . . . A. Variance Request, VAR #90- 8, By Cheryl Stinski, to Incre e the Square Footage of a Free-Standing Sign in a CR-1, General Office District, from 48 Square Feet to 72 Square Feet; and to Increase the Height of a Free-Standing Sign in a CR-1, General Office District, from 6 Feet to 12 Feet Above the Finished Grade, to Allow the Construction of a Free-Standing Sign on Lot 1, Block 1, Hillwind Addition, and Part of Lot 3, Auditors Subdivision No. 25, the Same Being 941 Hillwind Road N.E. (Hillwind Office Building). . < � �� 1� /\ '\ Receive the Minutes of the CATV Advisory Commission Meeting of April 19, 1990 ..... Paqe 3 ,4 - 4K � • � �`9 � � / � _ �m S� . . . . . . 6 - 6H __ FRZDLEY CiTY COIINCIL MEETING, MAY 21, 1990 Paqe 4 NEW BIISINE88 (CONTINIIED): r1�� Establish a Public Hearing ��" for June 4, 1990, for a Rezoning Request, ZOA #90-03, by Bob's Amoco to Rezone Lot 1, Block 1, Lampert's f.) � Addition from M-1, Light � J�A�' G Industrial, to C-2, General �� , Business, Generally Located � (�, at 7680 Highway 65 N.E. " (Amoco Oil Service Station) . . . . . . . . . . . 7 - 7I Approval of 1990 Solid �� ) Waste Abatement Joint p/�� PowersAgreement . . . . . . . . . . . . . . . 8 - 8H 'I ✓ � Change Order No. 1 for `�� Flanery Park Shelter Project No. 206 . . . . . . . . . . . . . . . . . 9 - 9B � /��/ �V � f Change Order No. 1 for I/ Fire Department �,e�` Specification FD 90-1 . . . . . . . . . . . . . 10 - lOB � .� / � � � FRIDLEY CITY COIINCIL MESTING, MAY 21, 1990 NEW BU8INE8B (CONTINIIED): Claims . . . . . . . . . . . . . . . . . . . . . 11 Licenses . . . . . . . , � � Estimates . . . . . . . . ADJOIIRN: / . . . . . . 12 - 12E . . . . . . 13 Paqe 5 � � `°t� '�� .�'�'. ..�, ��:, a;�;;. ;.; °�, r `�' THE MINO'1'ES OF TH8 FRIDLEY CITY CODNCIL MEETINt3 OF 1�AY 7, 1990 i HE MZNIITES OF THE REdIILAR ETINQ OF THE F IDLEY CITY COIINCIL F MAY 7 1990 The Regular Meeting of the Fridley City Council was called to order at 7:37 p.m. by Mayor Nee. �LEDGE OF ALLEGIANCE• Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None gRESENTATION OF PROCLAMATIONS: VETERANS' BUDDY POPPY DAY - MAY 11. 1990: Mayor Nee read a proclamation proclaiming May 11, 1990 as Veterans' Buddy Poppy Day in the City of Fridley. He urged the citizens of Fridley to recognize the merits of this cause by contributing generously to its support through the purchase of buddy poppies in appreciation of the sacrifices of the nation's honored dead. Ms. Maxine Nystrom of VFW Post 363 accepted this proclamation and introduced the Commander of the VFW, Tod Nessman, and the Buddy Poppy Queen, Danielle Simmons. PUBLIC WORKS WEEK - MAY 20 - 26. 1990: Mayor Nee read a proclamation proclaiming May 20 - 26, 1990 as Public Works Week. He called upon all citizens and civic organizations to acquaint themselves with the problems involved in providing the City's public works and to recognize the contributions which public works personnel make every day to the citizens' health, safety, and comfort. The four Foremen from the City's Public Works Department, Curt Dahlberg, Don Carrigan, Jim Bates, and Jim Brindley accepted this proclamation. OLDER AMERICANS MONTH - MAY, 1990: Mayor Nee read a proclamation proclaiming the month of May, 1990 as Older Americans Month. He asked all Fridley residents to recognize the importance of strengthening bonds between all ages to create a bright vision for the future. FRIDLEY CITY COIINCIL MEETZNG OF MAY 7�_1990 PAGE 2 Ms. Corinne Prindle, a representative of the Senior Board, accepted this proclamation and thanked the Council for all they have done for the seniors. APPROVAL OF MINUTES: COUNCIL MEETING APRIL 23t 1990: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: TRAFFIC ON MAIN STREET: Councilman Fitzpatrick stated there were several persons here this evening who live on Main Street and wished to comment on the traffic problems in their area. Mr. Kevin Rohan, t705 Main Street, understands that Stylmark is requesting a variance to expand and his concern is the underground parking as there is only one entrance and exit to this area. He felt the quality of the neighborhood would deteriorate. Mr. Dan Wintersteen, 6661 Main Street, stated there is enough traffic in the area and they also have buses going down their streets. He stated the traffic affects the entire neighborhood, but only fourteen persons received notification of this variance request by Stylmark. He stated a petition was circulated and everyone he contacted signed it. He stated they did not want any additional traffic in their neighborhood as there is only one means of ingress and egress. He stated he was not in favor of any parking ramp. Councilman Fitzpatrick stated the variance request by Stylmark is on the agenda this evening and residents in the area would have a chance to address this question when the item is discussed. VFW PRESENTATION: Mr. Tod Nessman, Commander of Fridley VFW Post 363, presented a check for $12,500 to the Fridley Fire Department for the purchase of new radio equipment. FRIDLEY CZTY COIINCIL MEBTINQ OF MAY 7. 1990 PAGE 3 Mr. Aldrich, Fire Chief, stated some of the Fire Department's radio equipment is in excess of 23 years old and, with the increasing demand on the Anoka system, the new equipment will greatly improve the Fire Department's communications. He stated he was most appreciative of this donation by the VFW. Mayor Nee and the Council members extended their thanks and appreciation to the VFW for this contribution. PUBLIC HEARING: l. ISSUANCE OF AN ON-SALE BEER LICENSE TO WONG'S GOURMET RESTAURANT AT 1254 EAST MOORE LAKE DRIVE: 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 7:55 p.m. Mr. Burns, City Manager, stated a background check has been conducted by the Police Department and they have no objection to the issuance of this license. No persons were present to speak regarding this on-sale beer license. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:58 p.m. Councilman Schneider stated he would like to know the hours of operation and asked if approval of the license was delayed, if this would create a problem for the petitioner. Mr. Burns stated he did not know their timetable as far as the opening date for the restaurant. OLD BUSINESS: 2. COMMISSION VACANCIES AND TERMS THAT WILL EXPIRE IN 1990 FOR CITY COUNCIL CONSIDERATION: MOTION by Councilman Billings to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �RIDLEY CITY COIINCIL MEETINa OF MAY 7. 1990 PAGE 4 NEW BUSINESS• 3. �tESOLUTION NO. 30-1990 AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO 49 AFL-CIO (PUBLIC WORKS MAINTENANCE) FOR 1990: Mr. Hunt, Assistant to the City Manager, stated last week the Public Works Maintenance Personnel approved the draft of the labor agreement for 1990 and it is now submitted for Council's approval. He stated there are a number of items about this particular contract which are rather new in this area. He stated the new agreement establishes a single classification of Public Services Worker to replace the previous Maintenance I, II, and III classifications and also establishes a Mechanics classification. He stated, basically, in order to reach the top, future Public Service Workers and Mechanics will need to have the equivalent of one year of technical college course work plus the highest appropriate certification in their respective fields. Mr. Hunt stated this eliminates the two tier system where public works maintenance workers were working together on the same task and being paid at different salaries. He stated the agreement also provides for a probationary period of one year, rather than six months. Mr. Hunt stated for the last several years, the public works maintenance employees have received a smaller increase on their base in addition to lump sum payments. He stated because of this, the new contract is estimated to cost the City no more than 3.25 percent over the cost for last year, even though every employee receives at least a 4 percent increase on the base. Mr. Hunt stated he thought Fridley will be one of the first to establish a performance and career track base for public works employees. Councilwoman Jorgenson requested clarification of Article XII, Section 12.2 in reference to leqal defense of the employee. Mr. Hunt stated this section would provide legal defense within the scope of an employee's employment, but does not mean the City would pay for negligent acts by public employees. He stated the key sentence is "when such act is performed in good faith and under direct order of the employee's supervisor." MOTION by Councilman Billings to adopt Resolution No. 30-1900. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDL$Y CITY COIINCIL MEBTINQ OF I�AY 7. 1990 PAG$ 5 4. �F(`FTVF THF MINi7TES oF THE PLANNING COMMISSION MEETING OF APRIL 25. 1990: A. ESTABLISii PUBLIC HEARING FOR REZONING ZOA #90-02 BY URBAN COMMERCIAL DEVELOPERS AND FRIDLEY TOWN S UARE ASSOCIATE5 TO �tFZONE THREE SEPARATE PARCELS AS FOLLOWS • LOT 9 BLOCK 2 RICE CREEK TERRACE PLAT 1 FROM R-1 SINGLE FAMILY DWELLING TO S-2 REDEVELOPMENT DISTRICT THE SAME BEING 355 MISSISSIPPI STREE N E: AND LOT 12 BLOCK 3 RICE CREEK TERRACE PLAT 2 �ROM R-1 SINGLE FAMILY DWELLING TO S-1, REDEVELOPMENT �ISTRICT THE SAME BEING 368 66TH AVENUE N.E : AND IATS 10 �1 AND 12 BLOCK 2 RICE CREEK TERRACE PLAT 1 EXCEPT THE �OUTH 30 FEET THEREOF ACCORDING TO THE RECORDED PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, ANOKA COUNTY MINNESOTA AND LOTS 13, 14. 15 AND 16. BLOCK 3, RICE CREEK TERRACE PLAT 2 ACCORDING TO THE RECORDED PLAT THEREOF ON FILE AND OF R�CORD IN THE OFFICE OF THE COUNTY �2ECORDER ANOKA COUNTY MINNESOTA, FROM R-1 SINGLE FAMILY DWELLING AND C-1. IACAL BUSINESS, TO S-2, REDEVELOPMENT DISTRICT THE SAME BEING 6525 UNIVERSITY AVENUE N.E : MOTION by Councilman Billings to set the public hearing date for this rezoning, ZOA �90-02, for June 4, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH PUBLIC HEARING FOR A PRELIMINARY PLAT RE4UEST, P.S. #90-Q2 MICHAEL SERVETUS 2ND ADDITION BY KATE KEMPER FOR THE MICHAEL SERVETUS UNITARZAN SOCI�TY BEING A REPLAT OF OUTLOT A MICHAEL SERVETUS ADDiTION TO CREATE FOUR SEPARATE LOTS, GENERALLY LOCATED AT 980 67TH AVENUE N E.• MOTION by Councilman Billinqs to set the public hearing date for this preliminary plat, P.S. #90-02, for May 21, 1990. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. C. ESTABLISH PUBLIC HEARING FOR VACATION RE4UEST SAV #90-01, BY KATE KEMPER FOR THE MICHAEL SERVETUS UNITARIAN SOCIETY TO VACATE OAKLEY STREET AS DEDICATED IN THE PLAT OF MICHAEL SERVETUS ADDITION GENERALLY LOCATED WEST OF 980 67TH AVENUE N•E•: MOTION by Councilman Billings to set the public hearing date for this vacation, SAV �90-01, for May 21, 1990. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. FRIDL$Y CITY COIINCIL MSETINa OF MAY 7. I990 PAGE b D. �tESOLUTION NO. 31-1990 APPROVING A SUBDIVISION. LOT SPLIT, �.S. #90-01. TO SPLIT OFF THE SOUTHEASTERLY 92.35 FEET OF LOT 8 BLOCK 2 MOORE LAKE HILLS ADDITION TO CREATE A SEPARATE SINGLE FAMILY LOT. GENERALLY LOCATED AT 6065 CENTRAL AVENUE �i. E. : Ms. Dacy, Planninq Coordinator, stated this parcel is located between Central Avenue and Woody Lane. She stated it is 23,000 square feet in size, zoned R-1, and surraunded by R-1 zoning on all sides. Ms. Dacy stated a home now exists on this parcel with access from Central Avenue. She stated the petitioner is proposing to create a separate lot that abuts Woody Lane to construct a new home on this parcel. She stated the proposed parcel is higher in elevation than the existing home. Ms. Dacy stated the petitioner submitted a plan to show how run- off would be handled. She stated a swale would be constructed along the south property line and eventually directed to Central Avenue. Ms. Dacy stated the Planning Commission recommended approval of this lot split with five stipulations and amended stipulation No. 3. She stated staff is recommending denial of the lot split as the new lot line would create a non-conforming rear setback between the existing structure and lot line. She stated the Planning Commission acknowledged this non-conforming setback, but felt the request should be granted as the topography is so different. Councilman Schneider had a concern about the alignment of the new home and questioned if property owners to the north and south were notified of this request. Ms. Dacy stated these property owners were notified. She stated the property owners to the north would be able to see the side of this new home and those to the south would be looking at the side of the yard and there are a number of trees along this south lot line. Councilman Schneider asked the petitioner, Mr. Hanson, if he has spoken to his neighbors about this request. Mr. Hanson stated he has contacted all the neighbors that abut the property and those across the street and none of them had any objections. He stated the existing home and new home would be separated by about sixty feet. Councilman Schneider stated his only concern is the alignment of the homes and if this would be totally out of line. Mr. Hanson stated he had the same concern, but has had absolutely no negative comments from those whom he contacted. FRIDL$Y CITY COIINCIL MEETINQ OF MAY 7. 1990 PAG$ 7 Mr. Flora, Public Works Director, presented an aerial photo of this area and all homes have different setbacks. MOTION by Councilman Schneider to adopt Resolution No. 31-1990 with the five stipulations attached as Exhibit A. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of April 25, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. �CF.TVF: AN ?TF.M FR�M TNE MiNiITES OF THE APPEALS COMMISSION MEETING OF MAY l, 1990: A. VARIANCE RE UEST VAR #90-07 TO REDUCE TiiE REQUIRED SETBACK �'ROM A RIGHT-OF-WAY ABUTTZNG A RESIDENTIAL DISTRICT FROM 100 FEE O 37 FEET AND 41.9 FEET; AND TO REDUCE THE SETBACK BETWEEN A PARKING AREA AND A MAIN BUILDING FROM 5 FEET TO 0 �EET TO ALLOW THE CONSTRUCTION OF ADDITIONAL OFFICE SPACE IN CONJUNCTION WITH A GENERAL OVERALL BUILDING EXPANSION PROJECT. ON LATS 2 THROUGH 10 BLOCK 6, RICE CREEK PLAZA SOUTH A�DDITION AND LOT 20 BLOCK 5 LOWELL ADDITION. THE SAME BEING 6536 MAIN STREET N.E.. BY STYLMARK. INC.: Ms. Dacy, Planning Coordinator, stated this a request for two variances for property located to the west of Main Street and north of Mississippi Street. She stated the property is zoned M-1 with R-1 and R-3 property to the east. Ms. Dacy stated one variance is to reduce the one hundred foot front yard setback to allow construction of a 60 by 96 foot addition onto the existing building. She stated the proposed encroachment would be 41.9 feet and, at one point, the request is to go to 37 feet for an architectural feature around the entry into the offices. She stated the other variance is to reduce the required five foot separation between a parking area and the wall of the building to zero feet. Ms. Dacy stated the petitioner is proposing to add a receiving area, an office area, and to extend their shipping and manufacturing area. Ms. Dacy stated the Appeals Commission recommended approval of both the variances with six stipulations for the front yard variance and one stipulation on the variance pertaining to the separation of the wall and parking area. She stated some concerns were traffic, the issue of property values, and the company's ability to expand in the future. RIDLBY CITY COIINCIL MBETINQ OF 1dAY 7. 1990 PAGB 8 Ms. Dacy stated the City Assessor was contacted regarding the property value issue and he advised that the current value of the homes along Main Street already reflect the existence of the industrial zoning. She stated the Assessor advised he had no plans to change the values as a result of this proposed expansion. Ms. Dacy stated in regard to any expansion of Stylmark's facility, lot coverage requirements have to be met, property reserved for parking if additional parking was required, and a permit needed from the Rice Creek Watershed District regarding storm water management. She felt the Watershed District may require an on-site retention pond. Ms. Dacy stated the neighborhood requested traffic counts of this intersection at 2nd and Mississippi Streets. She stated these traffic counts were done last Wednesday and this afternoon. She stated the bes� time to obtain these counts was between 3:30 and 5:30 p.m. at the peak periods. She stated the traffic count involved three different traffic movements; neighborhood traffic using 2nd Street; traffic that enters on 2nd Street and uses the frontage road to go onto Main Street; and traffic from the Fridley Bus Company which uses 2nd Street and the frontage road. Ms . Dacy stated neighborhood traf f ic peaks around 5 p. m. were about 35 cars. She stated the Stylmark traffic or traffic attributable to Main Street had 51 cars leaving at 5 p.m. within a five minute time period. She stated the Fridley Bus Company traffic peaks at 4:30 p.m. and gradually declines to 4:45 p.m. Councilman Fitzpatrick stated this intersection has been discussed many times in conjunction with development plans for the southwest quadrant of University and Mississippi. He stated with no concrete plans, the problem has not been dealt with at this time. Mr. Brink, the petitioner, stated more office space is needed for their present employees and their plans did not involve hiring more employees. He stated their plan is to install underground parking and over sixty percent of the asphalt would be removed. Mr. Brink stated all the shipping wi�l be moved from the north to the west and the entire north addition will have underground parking. He stated the entry and exit onto Main Street will also be moved further to the north. Mr. Wintersteen, 6661 Main Street, felt Stylmark is going too far with this expansion. He stated he did not object to the other variances, but the park and playground is directly across the street from where the traffic will exit from the underground parking garage. He stated the other exit will be near the apartment complex. He felt Stylmark should not be allowed to install an underground parking facility. �RIDLEY CITY COtJNCIL ME$TINa OF MAY 7. 1990 PAGE 9 Councilman Fitzpatrick stated he believed the residents' frustration is with the traffic and it is unfortunate this problem has not been solved. Ms. Dacy stated the petitioner indicated he would be willing to limit access and exit from the west side or from the service road. Mr. Brink stated factory workers could access from the back and the parking in front could be used by office workers and visitors. He stated with construction of an underground parking ramp, the parking in front will actually be reduced. Mr. Wintersteen stated he did not want any traffic coming onto Main Street. Councilman Schneider stated there are now 35 parking spaces and these vehicles access onto Main Street and after the construction, there would be less parking spaces in the front. Councilman Billings asked Mr. Wintersteen if he had a problem with the expansion or with the underground parking. Mr. Wintersteen stated he just did not want all the traffic on Main Street as they would be exiting by some resident's driveway. Councilman Billings stated the question before the Council is not ' the construction of the warehouse with underground parking, but whether to allow a variance to expand the office space. Mr. Gary Martel stated he lives across the street and has no problem with the factory. He stated he understands Mr. Brink is just trying to move his parkinq underground and it would not change the traffic flow. Mr. Rohan, 6705 Main Street, stated the flow of traffic would change because the exits would be further down the block. He stated he was also concerned about the drainage pond and if it would be fenced. Mr. Brink stated his contractor is working with the Rice Creek Watershed District and the City on this issue and they would comply with whatever requirements were necessary. Mr. Rohan felt a pond is a hazard for children in the area. Mr. Flora, Public Works Director, stated he has not seen the plan for the detention pond, but they are not usually fenced. He stated the purpose of the pond is to receive rain water to be held for a short period of time. He stated these ponds are usually dry within four to six hours after a rainstorm. FRIDL$Y CITY COIINCIL MEETINQ OF MAY 7. 990 PAGE 10 Mr. Herrick, City Attorney, stated often this retention pond consists of part of the green area that could hold six to twelve inches of water for a short period of time or a depression in the parking lot to allow a few inches of water to stand. He stated they are not talking about a big or deep pond. Mr. Rohan stated if a pond is necessary, he would like to be notified so he knows what is qoinq to be done. Mr. Brink stated he hoped to have a plan by the end of the week for review by City staff and then to be submitted to the Rice Creek Watershed District. Councilman Billings asked Mr. Rohan if he was opposed to the expansion of the office space. Mr. Rohan stated at this time, he was opposed. Councilman Billings stated if the variance is not approved, Mr. Brink could still build the warehouse facility and install the driveways as shown on the plan. Councilman Billings asked Mr. Rohan if he felt the expansion of the office space would create additional traffic in the neighborhood. Mr. Rohan stated there would be new employees and more cars and it seems no consideration was given to the traffic. He felt this issue has to be addressed. Councilman Fitzpatrick stated the real problem is the traffic, but felt the variance request would not affect the traffic situation. He stated there are a lot of problems associated with Mississippi Street and the southwest quadrant and he sympathizes with the residents regarding the traffic problem. Mr. Bruce Lundberg, 230 Rice Creek Terrace, stated he had no objections to the variance. He stated he is concerned with the traffic and the bottleneck at 2nd Street. He urged the Council to try and find a solution to the problem at this intersection. MOTION by Councilman Fitzpatrick to grant that portion of variance request, VAR #90-07, to reduce the required setback from a right- of-way abutting a residential district from 100 feet to 37 feet and 41.9 feet, with the following stipulations: (1) the petitioner shall submit drainage calculations and a grading and drainage plan prior to the issuance of a building permit. If necessary, the petitioner shall receive a permit from the Rice Creek Watershed District prior to issuance of a building permit; (2) the new parking area along Main Street shall be lined with concrete curb; (3) the building additions shall be handicapped accessible; (4) the petitioner shall review with the Fire and Building Inspectors the required fire protection sprinkler systems and comply with their �RIDLEY CI�Y COIINGIL ME$TINQ OF MAY 7. 1990 PAGS 11 requirements; (5) the petitioner shall submit a landscaping plan indicating a continuous 3 foot screen between the parking area and Main Street; and (6) adequate area to the north of the addition shall be reserved for a 27 car parking area. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to deny that portion of variance request, VAR #90-07, to reduce the setback between a parkinq area and a main building from 5 feet to 0 feet. Seconded by Councilman Billings. Mr. Brink stated the reason for the five foot berm is to keep the cars from hitting the building. He Btated he would like to have something less than five feet in order to have two lanes of parking. Ms. Dacy stated the driving aisle is about twenty feet wide and the code only requires eighteen feet. Councilman Fitzpatrick felt there was some solution that could be worked out. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 6. �PPROVAL OF INDEMNIFICATION AGREEMENT FOR BIKEWAY/WALKWAY EASEMENT ON ARGET WAREHOUSE PROP RTY: MOTION by Councilman Billings to approve the indemnification agreement for a bikeway/walkway easement on the Target Warehouse property and authorize the Mayor and City Manager to execute the agreement. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. APPROVAL OF EASEMENT AGREEMENT FOR BIKEWAY/WALKWAY TO CROSS M T PROP�RT�ES EASEMENT: MOTION by Councilman Billings to approve the easement agreement to allow a bikeway/walkway to cross M.T. Properties' easement and authorize the Mayor and City Manager to execute the agreement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8 �tEi:r,i'vr� aiuS iu.0 "+:�^ �^,':�'��m �nu FT.nNF.RV PARK SHELTER. � -- - - pROJECT NO. 206• MOTION by Councilman Schneider to receive the following bids for the Flanery Park Shelter, Project No. 206: FRZDLEY CITY COIINCIL MEETING OF ?SAY 7. 1990 PAQE 12 .Bidder Rarlen Construction 901 - 125th Avenue NE Blaine, MN 55434 Alt. 1 Alt. 2 $4,869 $71,072 Earl Weikle 2514 - 24th Minneapolis, $6,097 & sons Avenue South MN 55406 AIt. 3 Alt. 4 $ 820 $1,025 ($9,265) $1,192 Johnco Buildinqs, Inc. 6729 West Shadow Lake Drive Lino Lakes, MN 55014 $5,550 $82,350 $1,200 Morcon Construction, Inc. 5905 Golden Valley Road Golden Valley, MN 55422 $4,900 $ 2,500 Cedar Forest Products Co. P. O. Box 98 Polo, IL 61064 $23,000 Base Bid $87,831.00 (Materials & Construction) Alt. 5 $769 $1,250 $500 $ 700 $700 $1,200 $3,200 $840 $400 $93,653.00 Materials & Construction) $95,491.00 (Materials & Construction) $95,700.00 (Materials & Constructionj $39,000.00 (Materials) Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Kirk, Director of Recreation & Natural Resources, stated five bids were received for the Flanery Park Shelter. He stated the low bidder was Karlen Construction at a cost of $87,831.00. He stated $80,000 was budgeted for this shelter so the project is over the budgeted amount by $7,831.00. Mr. Kirk stated as an alternate, a bid was requested for burnished block anticipating it would be higher than a wood structure. He stated this was not the case, however, and the burnished block would be more economical at a cost of $75,941.00. He stated since the Parks and Recreation Commission supported a wood structure, he has contacted all the Commission members and they support a burnished block structure because of the reduced cost and it would FRTDL$Y CITY COIINCIL MSETINQ OF 1SAY ?. 1990 PAQE 13 be less susceptible to vandalism. He stated they would like the burnished block to be more of a wood color to match the beams in the structure. Mr. Rirk stated he would recommend the Council consider awarding the contract for construction of this shelter to the low bidder, Karlen Construction for Alternate 1(water and sewer installation) and Alternate 2(burnished block) for a total of $75,941.00. He stated Alternates 3, 4, and 5 have not been included which involved an exterior drinking fountain, installation of expanded metal window protectors, and installation of a second steel door with lock. Councilwoman Jorgenson felt the metal window protectors were needed, as well as the drinking fountain. She stated she wanted to make sure this facility is as vandal-proof as possible. Councilman Schneider asked if the window protectors could be added at some future date. Mr. Kirk stated he believed they could and it is possible that City employees could complete this work. He stated the additional door is not required for the size of the building. MOTION by Councilman Schneider to award the contract for the Flanery Park Shelter, Project No. 206 to the low bidder, Karlen Construction for Alternate 1, $4,859.00; Alternate 2, $71,072.00; and Alternate 3, $820.00 or a total bid of $76,761.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO 32-1990 ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: ONONDAGA 5TREET STORM SEWER REPAIR PROJECT NO. 209: MOTION by Councilman Schneider to adopt Resolution No. 32-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVAL OF POLICY FOR USE OF PUBLIC MEETING PLACES IN THE FRIDLEY MUNICIPAL CENTER: Mr. Hunt, Assistant to the City Manager, presented this policy for use of public meeting places in the Fridley Municipal Center. Councilman Schneider stated he assumed a political party would come under the definition of a non-profit organization and felt this should be added under Section B-7. MOTION by Councilman Schneider of public meeting places in the amendment to Section B-7 to to approve this policy for the use Fridley Municipal Center with the add the word "political" after �RIDLEY CITY COUNCIL 1sEETINQ OF 1LAY 7, 1990 PAGE 1� "recreational". Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. �LAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 31777 through 3I992. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office, with the exception of the food license for the '49ers. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. WAIVE FEE FOR BLOODMOBILE SIGN AT FRIDLEY UNITED METHODIST CHURCH: MOTION by Councilman Fitzpatrick to waive the fee for the bloodmobile sign at Fridley United Methodist Church, May 22, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousZy. 13. ESTIMATES• - MOTION by Councilman Billings to approve the estimates as submitted: Herrick & Newman 205 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Attorney for the Month of April, 1990 . . . . . . . . $ 4,117.00 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of February, 1990 ..$ 9,602.00 �RIDLBY CITY COIINCIL MBBTING OF �iAY 7. 1990 PAGS 15 HNTB 6700 France Avenue South Suite 260 Minneapolis, NIld 55435 Design of 1.5 MG Elevated Reservoir at Locke Park, Project No. 196 FINAL ESTIMATB . . . . . . . . . . . . . . . $ 3 , 900 . 00 Bruce A. Liesch Associates, Inc. 3020 Harbor Lane Minneapolis, l�T 55447 Water Quality Study Project No. 195 (Hydrogeologic Analyses) FINAL $BTIMATE . . . . . . . . . . . . . . . $ 4,108. 39 Mark Traut Wells 151 - 72nd Avenue South St. Cloud, MN 56301 Repair and Maintenance of Well No. 5, Project No. 198 FINAL EBTIMATE . . . . . . . . . . . . . . . $31,918.00 TMI Coatings, Inc. 2805 Dodd Road St. Paul, I�T 55121 1.5 MG Concrete Reservoir Repair Project No. 193 (53rd Avenue & Johnson) (Contractor) FINAL EBTIMATE . . . . . . . . . . . . . . . $ 1, 592 . 00 Gammon Brothers, Inc. 13845 Northdale Boulevard Rogers, I�II1 55374 Street Improvement Project No. ST. 1989 - 1& 2 Estimate No. 13 . . . . . . . . . . . . . . . $10,156.07 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRI�LEY CITY COIINCIL KEETING OF MAY 7. 1990 PAGE 16 ADJOURNMENT' MOTION by Councilman Schneider to ad by Councilwoman Jorgenson. Upon a Mayor Nee declared the motion carried Meeting of the Fridley City Council 9:54 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: journ the meetinq. Seconded voice vote, all voting aye, unanimously and the Regular of May 7, 1990 adjourned at William J. Nee Mayor � � cmroF F�� COl1liMUNITY DEVELOPMENT DEPARTMENT MEMOR.ANDUM DATE: May 17, 1990 ��y • TO: William Burns, City Manager �►• FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Public Hearing for P.S. #90-02, Michael Servetus Second Addition Attached is the staff report for the above-referenced preliminary plat, P.S. #90-02, by the Michael Servetus Unitarian Society. The Subdivision Ordinance requires that the City Council conduct a public hearing. The City Council should conduct the public hearing as required. BD/dn M-90-346 0 � 1A � STAFF REPORT APPEALS DATE �`� OF PLAMMVC COMNMSSION DATE : Apr i 1 25 , 19 9 0 FRlDLEY cmr �oun,c� uA� : May 7, 1990 AUTHOR �M/dn REQUEST PERMIT NUMBER APPLICANT ' PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES $� Z�i� ��$ PARK DEDICATION ANALYSIS FMVANCIAL IMPLlCATIONS CONFORMANCE TO COMPREFENSNE PLAN COMPATBILITY WITH ADJACENT USES � ZONNG ENVIRONMENTAL C►ONSIDERATIONS STAFF RECOMMEt�AT10N APPEALS RECOMMENDATION PLANN�iG COMMISSION RECOAM�AENDATION P. S . 4�90-02 Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society To replat Outlot A, Michael Servetus Addition, into four lots; three of which are single family residential lots. 980 - 67th Avenue N.E. 75,375 square feet t 1.7 units per acre R-1, Single Family Dtvellin� R-1, Single Family D��ellin�, to the north, east, south, and west Watermain needs to be looped under Oakley Street extension; sewer, water, and 67th Avenue extension will need to be constructed. $4,500 to be paid at time of building permit Yes Yes Existing peat deposits in location of building pads Approval Approval Staff Report P.S. #90-02, Michael Servetus 2nd Addition Page 2 Request W Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society are requesting that Outlot A, Michael Servetus 2nd Addition be replatted. This replat would create four lots, three of which would be for single family residential use. Site The site is addressed as 980 - 67th Avenue N.E. and is located near what would be the 67th Avenue and Oakley Drive intersection if 67th Avenue and Oakley Drive were extended. The Michael Servetus Unitarian Society church is located at the southeast corner of Outlot A, and the existing church parking lot is located in the area of Lot 1 of the proposed plat. In addition, the Unitarian Society is applying for a special use permit for the expansion of the church building and the City of Fridley is vacating the portion of the Oakley Drive that was dedicated in the Michael Servetus Addition in 1973. Analysis The following issues need to be evaluated to determine if they meet the requirements of the subdivision code: 1. Traffic issues 2. The design of the lots 3. Utilities 4. General site conditions Traffic The proposed plat would require that 67th Avenue be extended further to the west within the right-of-way which was dedicated with the Michael Servetus Addition. This extension would maintain the existing 67th Avenue alignment. The City, at the time of plats, has the option of reserving right-of-way for future streets, and for the future extension of existing streets. In this instance, the City is requesting a 60 foot right-of-way be dedicated along the west property line of the proposed plat. The Minnesota Department of Transportation has long-range plans to upgrade Trunk Highway 65. These plans include closing the median crossings at 63rd Avenue and 73 1/2 Avenue, and intersection improvements (i.e. signalization upgrade) at Mississippi Street and 73rd Avenue. The Mississippi Street improvements include installing a median which would prevent access from Brookview Staff Report P.S. #90-02, Michael 5ervetus 2nd Addition Page 3 Terrace east bound onto Mississippi Street. By reserving the Oakley Drive right-of-way, the City will be able to provide an additional means of access to the neighborhood. The extension of Oakley Drive and connection to 67th Avenue would serve three purposes: 1. Provide two means of access into and out of the neighborhood, especially in emergency situations where one street becomes blocked. 2. Provide easier maintenance. A through street is easier to plow than two cul-de-sac roads. 3. It would complete the overall traffic pattern in the neighborhood. First Western Development has proposed Meadowlands Park as a potential wetland mitigation site (see attached site plan). This is required in order for them to receive an Army Corps of Engineers permit to develop a shopping center at 85th Avenue and University Avenue. There are several wetlands at that site. The proposed high water mark for the wetland development at Meadowlands Park will be approximately 35 feet from the west Oakley Drive right-of- way line. Should the City Council, at some future point in time, decide not to extend Oakley Drive, the right-of-way could be vacated. The right-of-way, with an additional 15 feet from the park land, could be used to create an additional lot west of the proposed three lots. Prior to the Oakley Drive extension, the remaining cul-de-sacs of 67th Avenue and Oakley Drive would meet the subdivision code as they will be less than a maximum 600 foot length for cul-de-sac streets. The existing Oakley Drive will be extended an additional 50 feet to provide access to the newly relocated entrance for the Michael Servetus Unitarian Society church. Lots There will be four lots created within the Michael Servetus 2nd Addition. Three of these lots will be for single family residential use. These three lots meet the minimum lot size of 9,000 square feet (they are 9,375 square feet). They also meet the minimum lot width of 75 feet. In addition, utility and drainage easements have been dedicated along all four property lines of the three praposed lots. These easements will accommodate any future needs for utility placement and/or drainage needs. 1C Staff Report P.S. #90-02, Michael Servetus 2nd Addition Page 4 1D The fourth lot is approximately 47, 250 square feet and will be used for the church building expansion. Al1 of the proposed lots are laid out at 90 degree angles to both the 67th Avenue and Oakley Drive right-of-ways, as is required in the subdivision code. This lot also has drainage and utility easements dedicated along all four property lines. This lot meets the minimum lot size of 15,000 square feet for churches which is required in the CR-1 District regulations. IItilities In addition to this plat, the petitioner will be required to petition for the utility and street projects. The City will be completing the loop for the six inch water main within the Oakley Drive and 67th Avenue right-of-ways. Looping the water main prevents stagnant water from collecting at the end of a line, and allows any area to be fed from two directions. The extension of 67th Avenue provides access to the three proposed lots and four lots which were platted in the Michael Servetus Addition. Soils Outlot A contains highly peaty soils. From soil borings taken in 1958 and 1967, there appears to be anywhere from two to five feet of peat scattered throughout the proposed plat area. The City does require that soil correction measures be taken in those areas where building pads and building foundations will occur. Staff is recommending that restrictive covenants be filed against proposed Lots 1, 2, and 3, Michael Servetus 2nd Addition, in order that any future buyers af these lots will be aware of the existing peat and the potential higher expense of construction. Recommendation and Stipulations Staff recommends that the Planning Commission recommend approval of the plat request, P.S. #90-02, to replat Outlot A, Michael Servetus Addition into four lots, with the following stipulations: 1. A park fee of $1,500 per lot for three residential lots shall be paid at the time of building permit ($4,500 total). 2. The petitioner shall petition for the proposed improvements (67th Avenue extension, water main loop, sewer extension). 3. The vacation request, SAV #90-01, be approved. 4. Restrictive covenants regarding the need for soil correction shall be recorded against Lots 1, 2, and 3, Block 1, Michael Servetus 2nd Addition. 1E Staff Report P.S. #90-02, Michael Servetus 2nd Addition Page 5 PLANNING COMMISSION ACTION The Planning Commission voted to delete stipulation #3 in their recommendation to recommend approval of the plat request to the City Council. The stipulations for approval of the plat request are as follows: 1. 2. 3. A park fee of $1,500 per lot for three residential lots shall be paid at the time of building permit ($4,500 total). The petitioner shall petition for the proposed improvements (67th Avenue extension, water main loop, sewer extension). Restrictive covenants regarding the need for soil correction shall be recorded against Lots 1, 2, and 3, Block 1, Michael Servetus 2nd Addition. STAFF UPDATE As a result of the Planning Commission meeting, the petitioner has submitted an alternative plat (labeled in the attachments as Plan B). The alternative consists of reserving a 60 foot wide outlot between 67th Avenue and the Oakley cul-de-sac rather than a 60 foot dedicated right-of-way. Secondly, Plan B would also contain a stub water line in 67th Avenue rather than the proposal for a water main loop to the water main in Oakley Drive. Third, instead of extending Oakley Drive 50 feet, the petitioner would construct a two lane driveway to the existing pavement in Oakley Drive. The petitioner submitted this option in response to the surrounding neighborhood concerns regarding the potential for connection of Oakley Drive to 67th Avenue. However, staff maintains its original recommendation of approval of the original submitted plat. The right-of-way dedication merely reserves the City's right to decide whether or not the two streets should be connected. The City also retains the right to vacate the right-of-way at a future point in time. Second, we recommend that the water line from 67th Avenue be connected to Oakley Drive. If Plan B is approved by the City Council, staff recommends that the plat be conditioned upon a legal document being recorded against the lots agreeing to hold the City harmless for poor water taste or odor. Further, a ten foot utility easement should be reserved along the easterly edge of the outlot. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council approve the preliminary plat, subject to the following four stipulations: 1F Staff Report P.S. #90-02, Michael Servetus 2nd Addition Page 6 1. 2. 3. 4. A park fee of $1,500 per lot for three residential lots shall be paid at the time of building permit {$4,500 total). The petitioner shall petition for the proposed improvements (67th Avenue extension, water main loop, sewer extension). The vacation request, SAV #90-01, be approved. Restrictive covenants regarding the need for soil correction shall be recorded aqainst Lots 1, 2, and 3, Block 1, Michael Servetus 2nd Addition. Despite the fact that the Planning Commission recommended approval of the plat, they deleted stipulation #3 which required the approval of the vacation. Because staff is recommending that the vacation request also be approved, staff recommends the City Council reinstate this original stipulation (see vacation staff report). N�'COANEA SEC. /! � 0 r?� � r O � 2 Q �� ; �'ri �� y � . � P.S. ��90-02 Michael Servetus 7� N �/2 SEC. cirr oF I � 2� � 'f �__ 'y � ' � ;s�i(z k�) .-��:"' .`\�V a..,, �� 5 4 3 i, ,� ''� � f <sso) ' .� cry .i ...ii� ..^, ..... ro - /Q/� /.w� ..r..y� ✓ .. , � � : f j � 9 V A) �1 � CN � �, ° /r,; ,/. y O ; ��y_ rn �n r.�+`�'3 \r�••,r•n+' � I ,N�I ' /3 C") � '6 G O , � SI � `) f1 , • ✓•�� y � v . 6.Oi i J20) � ,, '�' �� qiC � • • FIPCE � �seo) /Z� ��'�, y _.-...✓s.. 3 �', r� ,,�► !�" F • �,,.•;SEa „ �. � • ' /'�' �1 CREEK �V 3, .i ; �'` � �- 1, `_ � : 2 a� ,�•l � a68 M AVE. R� � �_ Y i !v A4 �c' W � r,..' 'ipp`� i `• � �� N �� :� M ^...r•;�,, i � �'� • 2 � c �,� �`: ry c .. P; . I (:sOL� (� �7 � �� O � � ,� ro„ •� � � e�� y w � ' B ' ,�� _ T . , •:� .► N, � ,,,. . � � 4 m . s►' h'=, _ C, , ;5 ic � a.,— �,:>� ; ,: .o" r., ` " + �q x*' 9 ; e # , , rsi � P-i'Oi,:. ,� � s' " g � t ' �'�' �CNANNEL ROAO } M�"�� . �•` .� _ .z. 9•� � �,� �-- ss:;: " ' ` • ' - ,,., , , - •. ` � . • r' ` - `, � a,� y ., � � B � . � � ��.� - . 4:�� °� �. �j ; � o � � 'I �, �� AO� ,w� j�� Ny� v� •l � �� i /wl k i.�� OQ' S�'� ' c_� �j',�'+�'•� i. , �f+o �� 1 :I NpRS tosd��orc��.xJ�.�i.. � r� M 4d Q�w„ �'. aC'� _ �3 �,q e D~ > .. ,..r � ' in I� D O. lB i i9 � � � 23 `z� . J�I G � ' � '; �`" �,/ � s�., w'. � �^' A ' �O -.., 4K'; t + l; ro sD r (,.. < n+�. to O � � � . ,� t.,� ` ,,.n, � �' ..` � �'� � .� � ,� o � « Z '-�� „ � 4L ,��\ _�_-=�,"�e �,-��,�� : „� -- `6e �„ w S►j' z3 q�•, h��: '� a'�'r ° �'�p�c � pi� r..i: d;•�" ;o� '3 "p l�'• `4 _ . , � r =. � !'� rc.1 = j � � .� �,e ,'�,� , ,1,.; ? :° ��. - �, , 3 , - � s ,.1. sE � .'' � � ;-!� - � a � - - � i 6v ' � E+ sn i 3(�+ � ev•;;d"; �� ..� � 6 I ...�..,.. � ••,�„ 40 4 � • o�: ' s%` � Y ..�...o, p 2 7 _ � / .�. e . . a..s.::,.+,.y n � s.r a � ufl '% Z __J � �ro) fwV : .r. �.>_ �� pi &,. � � , es !�' 6 A � S A � ,2 B �r ,or 4 F w• ~ �..�.: r..-... � Y: r O ' �r _ (I) ii�r � ' - w> I �.s, .. �� Z h ; �, � . w � � 6 B ,�6' ,; ,µ e•� - 4� �L � � �ti.., , � ' � (� o ~ -- '•' 6 C .,..; � , d 4' Q - " �,.oi � : : i! G ' a � �, � t M �r.r.w M �' � � U � � N ry�� (N 6 � i.,n,,. ` � r: s � , � ' �� , ,y"�' s '"'/� �O ��... y �--- 3�u4 3e ,,... o.�... � O �, a 6 E,,,,, �. � 4 �,. , �, ii � rR� `4') l,� �J�� + . . �•� 8 , ...� • h� B,Pi tio � (.o ��yWl µ /G� ^/�,a t{�;� � r� ` � z I �i � i � �. _ , W - - - o; F i3"'� "'2 �p �3,; 2 R, , 4 — oF 8F._: �� ,�.� +�c� � w V �.� F �, �, � ; N ,; ~ �z"". .,..- - — -- , e. .e � ,z , � . 3 r` 1 'a �,y � `}8 G/y � n 3Y M� • i o fe� '� 7`!.i P ��'� "� �. �� 4�;�, s z � � � ., �, .� Q . � �+ ro ��. r� .� . ,, 3 vi z„a nr.. y,d .?� A v.w � Q �� '� N W � W 9A 9C,9 ��.,� -- 88 ao cji ; f, ic s -/oMy s 2,:/ T:. m {. 8 I 8 H 2 I i i n �� ia9 hi6 � 9� e�,, ��., , < <7 ~ � � I 6 5 ' t i � k) c� Y � �� . i ., ., _ A�. '� t �a� � � ;, � ^- - �� SEC. Jf p �� . _ i • • � � 23 O , , N� s'� i�- - — � -- •�.« � LOCATION MAP h Y Z � � H ti � Q_ � � � P.S. #90-02 Michael Ser•T�� • � . `I E � ,� tC�1CREEK RK ' �' ,w • � � > � _ ti � �„� t � � ZONING MAP �� ' ' � • � i e �; � � , s � f � � � � s� i i t . : ; �_. i — �ji� � � ��, � � �! ' . � } �:� i i= � �� _ � � � � Z'' � � t�i.. ! � � s=t= =4 �a � : 0 0 �'� s�� _ �i� �=� ��i i� �� t: F ��s� :::: �!� t � �= _:: c, 3-=� � ��fj- � �� _ � Fa ! l!!! s � � Q O Q � H Q U Z N � � ' I ta `� W I ( Ij \ � 1 �i �.1.� ' '. � . � � ` ; � Q ` ' d,J z �. � � � ...�' ,� � i �) � w` i �U :: �� W� � W � � L. � � a � ;; \ ..� � 1 a � �.. ' � �- " I i :; K / = 1 / ~ 1 � � . � z .t� � \ .r:., �..Y�- ��h,_',3S �� P . S . �� 90-02 Michael Servetc �t�:r.u;•:�ue i;3 ' � ' ;�; � y . :-� _ ��+' � � � �{ f� l } \ � ` •' i3 � , � � � � •� ►i � 1/1 t \' 4 ` � 8 � V� � �. ,` ., . � \ :: :' � � \ .� J � �w•�'��_ �w'� �r i . 0 1� PRELIMtNARY PLAT � ` . � �� .\ �� ►�.+� I \ �� —" STREET . ��r � �.�.� � t1 / • L f \ . 1 V . r• \. � . 1 `a s ,„, � M 1 �. \ 1 �� ; Fi� �1�� \ 1 � ; ; -� � , t � �t*� � [ �`i� / -i t . � . � • �� ;� �1 tt: � � � [ii . = f! �s� �•.�.,,.,:�yu � ss:c�:a �t�: � ., r.�. ir7v-u� Michael Servetus 1 - � T� � � �� rt� c � � � � � �;=� i ` ,: � i S _ iE_i f•� r� S i;ii � � ; � � �=� {�:r � � � i � ii '''� _ _ �� i�i :�:s i a i �' � � : �- E:�� ; : �' r . , 4s ; i� � � �� ' � �t i f E i j � i � � j = .� i � s�< < t� � � i � �' i � _ ! ,� � � � : _ - . '� � . �l I �a r i: w � � .., � � � �! � r il 1 � DZ > � m� � ra ., � � rn _ � m � C � (� N Z �� D �Q o —� C O � z i �� . � i PLAN B � - � r.s. �ry�-u� Michael Servetus 1K I,f Oakley dedication is denied � �0'��1 � HSUS will pTOVide lane to blackt� p '°��M: � '��T . . . `_� , / ' V �� , ' / � � ` - /' ' .' , . " / ' ' �� ' �\�r^~ ^� /�.I � � � { ,r� . --3 ' � ._ . � PLAN B _ '1 'S � � - '�= '�"• '•"• , . o �— e � 3� � � ��. � ti . � � �� } , , � �,-----�n,---- i I: '. '_: �• i I � ': , �'�.%� ) a � �. �7t�•�,�- p S - - -- — - , �- � ' �`y �/ Q•. I ' "' * f t � � � �' � , � � s � � / � � �t 'E � � 5 � � ��i `• 'y � �• � � i..• �=f ` a --•' ' � Iv � 4 0 � I� �� +1 ��;�� rc � � ��l � L',i Y • �� l � ��,, I,sF�I � E�l J l � �, ? } �I o 1 �' , � . � ?_ �,,. _., ' I �I M �I r 1 _ / �� _� 1��►'�1. i �r : k , � , , : `s't: .` _.— .--..in -_ Iit�oakp t?Tl�J K.I] � di..«E �v Qr �� e.s. ifyU-UL Michael Servetus 1 L � �� is � : � I �, ; �`.�` � s, � � I.a t , � , _ ` 1 — - ,—• —�; . t I 1 _ j' — \ n . -�--�� I I� � � 'K° I • ��f� • �� ,� F' ---I � i 4. � �� L ,ia. �.j �1 1ti 1 -. - i ��f ; i \ � �I �� s� �: I�I: - �, � --� N,' 4- ( I I.1.��, V�\ �1 --=�� 3l. - I ► � � /�, i r _� i ��I O,r �/ ', i� �±�+� � ' ` 1.I �� 1 ��' ( i � ` � ��i �' :� .I � : I �' � i` , , �s ��•{ �I +____ � �y �_ � =it � `� '� ,:t ,.1�1.�}�Fs: 1 ?F �;' � � ��.:, � � ��. �'ir 1 5'� ' _ � , � � I ♦ �� )�l` 1 r �n I �?1 •� . � �t'I �`� � ( � f�e- � - I �� E . `' � I � 'i ,��t � e �� i � , �� !) �f � 4� � �� i I , , r .... ....�:...,• - -1 - g � y � �i .J, I _ �! � ` � � 1=� • � : � u,�.ti: � �-'�•� - . � - � - _ � - -- ; � `�' y w� rr`..+.r �t� .'-- — �� t �� +'.A � ► � .., ; " .} I � �� 1`.' ;�i� - �;� � �� ,�� :� x ��1 ' 1-- , � �. I i i � -1- � I� � �. I r g� �► t � ct �� !i i� f: �; Es . . _ �........, ............ r.�,w• � ��. I � I � Y li t • � r � r ��. !` n 1� «E � I I � � , _.- -��u�-; � � �°i�= ;1 F�':�� '-'1� �6b� ��;g';��"'i� � {�� . �� 1z o14� ��j` �'�� 9 �.P��,,J��,�;�I , T , 1 �� r; r }'' Z � F' Z ' ��uf' f�� i � Z � � � M SITE PLAN 8 � � . ._�� .�.�' �� / 1 � l h � '�c� c' C � _ ., � � ��' s =,� �' . ,. . � �� s e, : 2 ..� � z °z_ � �aQ� :^ � �� ._� � �"�1' i � ,J-�-�`� -. �=,� r :: 0 ;; P . S . 4�90-02 Michael Servetus � � � � � � , �� . \ .l ,. , � � ,t � _ r �- ��. , J ' � . - ; . � � � � ,� _,, �t _� - ��. —� �. s � � .- _ LANDSCAPE PLAN �s � 3t �_ �a !� ki �� , .� :� �-� ,, �� .; --- i l �� i � ��I' � i I _ -_ �-� _ 1� � --�1 i : � ;3, t I i —ii ---�� i i:' i • �� ; �- ��! � P . S . �� 90-02 Michael Servetus , � � � ��, • �. .', p 1 i , �. "� . � i--ii dt �� ,� ;I �� ,�, �}� �� '�� i ,;; ,,,;� ;�li � i � ,.�� I .;�,,,�, � t, I � �� ' i l ,,;;. � .. --� i ' `� � II I� t i� � . �I � il I I �I , _ _ �� -�I I� �) �� _ _�� 1. . ..� �., ,., 7► `, � �� f �. 1N I EL�VATION � ' �i �� ''^ a kd � � � t, _�- � I ± �� .� -- - , � .L �° ��^_ --- - � � � �,!r t. � � �� : iluii � -��- �+ F i � �`t ! j�� { , �I �I � �� I_ � � � � � � , ;;, , � � �� i � . ; •� � � i �J� 3 � �• ' ;� � ' �I l fi =��r; , ;; �� , -i<<;, �,�;�;;�: � T,� ,,I 1` t � I �'� �� 3 � � � �� i i, ; � ;�� i�. �I( ; '- 'i I r;,, �,,; ,�; ; ; � �� , ��; � � i �'I : � ; � iq� � L� . �� ' T I IiI��I� :I i ` I � il i E1 � � �' � � E�" � `.. , ., �� j' a:i. �i ' � � _J . �� ,;� i-' , . ,: e� :F P.S. ��90-02 Michael Servetus � O � 0 I EL�VATION � � cinroF F�� C011/LMUNITY DEVELOPMENT' DEPARTMENT M EMO RAN D l�M DATE: May 17, 1990 � �• TO: William Burns, City Manager�• FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Public Hearing for Vacation, SAV #90-01, Michael Servetus Unitarian Society Attached is the staff report for the above-referenced request. The ordinance requires that the City Council hold a public hearing for the vacation request. Staff recommends that the City Council conduct the public hearing for this vacation request. BD/dn M-90-347 2 �, 2A � STAFF REPORT APPEALS DATE C�'N QF pLAMNC' COMNSSION DATE : April 2 s, 1990 f[ZIDLEY crr�r c�c� oA� : May 7, 1990 µ�F.�pq MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONNG UTLfrES PARK DEDICATION ANALYSIS F�VANCIAL IMPLlCATIONS CONFORMANCE TO CiOMPF�Ef'E�f1/E PL.AN COMPATBILITY WITH AOJACENT USES & ZONNG ENV�ONMENTAL CON.S�ERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNNG COMM{SSION RECON�NAENDATION SAV 4�90-0 ] City of Fridley To vacate the existin� Oalcley Street within the Michael Servetus Addition. R-1, Single Family Dwelling R-1, Single Family Dwelling to the north, south, east, and west Yes Yes N/A Approval Denial 2B Staff Report SAV #90-01, City of Fridley Page 2 Request The City of Fridley is proposing to vacate the existing Oakley Street which is dedicated in Outlot A, Michael Servetus Addition. This vacation is related to the proposed preliminary plat request, P.3. #90-02, by Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian 5ociety. Site The dedicated Oakley Street is currently in the shape of a cul-de- sac "bubble" and is located in the southwest corner of Outlot A (see preliminary plat map). Located on Outlot A is the existing Michael Servetus Unitarian Church which is addressed as 980 - 67th Avenue. Analysis The City is requesting this vacation, as the Michael Servetus 2nd Addition preliminary plat proposes a 60 foot right-of-way to be dedicated to the City of Fridley in order to reserve the right to extend Oakley Street to 67th Avenue. By vacating the existing Oakley Street "bubble", the additional right-of-way east of the proposed east right-of-way line of the proposed Oakley Street dedication will be "returned" to Outlot A and will be able to be used by the Unitarian Society as part of its lot. Recommendation and Stipulations Staff recommends that the Planning Commission recommend approval of this vacation request, SAV #90-01, to vacate the existing Oakley Street in Outlot A, Michael Servetus Addition. It will be necessary for the City to record the ordinance vacating Oakley Street prior to the Michael Servetus Unitarian Society filing the final plat. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to deny the vacation request. The Planning Commission wanted to ensure that the church would have legal access to their property, should the plat not be approved with the dedicated right-of-way between Oakley Drive and 67th Avenue. STAFF UPDATE As a result of the Planning Commission's recommendation to deny the vacation request, the petitioner has submitted an alternative option which is labeled as "Plan B" within the packet. Plan B includes a realignment of the church's proposed parking lot to Staff Report SAV #90-01�, City of Fridley Page 3 accommodate the bubble of the Oakley Drive right-of-way. As was mentioned in the plat staff report, Plan B proposes that the church will canstruct a two lane driveway to the existing pavement edge in 0akley Drive, and that the 60 foot dedicated right-of-way be changed to an outlot. Staff maintains its original request subject to approval dedicated right-of-way fro Avenue. CITY COUNCIL RECOMMENDATION recommendation to approve the vacation of the preliminary plat creating a m the edge of Oakley Drive to 67th Staff recommends that the City Council recommend approval of the vacation request subject to the following stipulation: 1. Approval of preliminary plat request, P.S. #90-02. 2C SAV 4�90-01 City of Fridley 2� N !/2 SEC. C/TY Of N�COAN[A � LG/ /� ' \ ffC. /! �/ ( � L� _ry � N� Q � ,N a O:/�► �_ � y � y ,s�cJ�(� Ika iv Z'� •M (�--- Q•. r v h � �,� �y 5 4 J ,�r v� f 'f ,..�-•. w ti r, "„ ,, ,« 2 -- `' Q� . ''- : � 1, ;:i�o) �� .r..�s � --, � ... �'.. ' i � i� � i..ii� .� • _ � �„�'' , . `�O /w... ,ar.�jl .° Ii' 'sl � z AV { �'� �� ,y . � y , �il . � . � .Y �`� �. e� � Y>�� z � '�i � ti, : , �fr,�. s � n �n �� R �''•►�^"� N �3't�) 6 �' �� , • � �, ��7.' .. �Y'r�r =�� 's o: � �zo� G 1► �� y,�• . � ,9��, `�•. � . ,,r a pGE �sao1 +� .�o, y�v 3 �; � F ,� �, 't � �+ i7 �, ___s. � -� .-- ;,,� ' � r� �JC � C REEK j '� ��.� �; . :60 M AVE. RO,,,e,, �' - —_ _ � 4i A� Ae' .r . � r �-�'� � .', . �= i +�o) s. , � 6.,, ru. t� "i ""- %•` C�.:,7 I bU r,` i r' �O � ? � .'r a, • � O ,y b y �! � '� , • `' � �, � ;. • 1 • °_ ' r, ' � •► �' s ! � � ,;: ; .,,,;,. '' i ��,J 4. Q�: e '� ` ��9 �a,' � i l � � - � ' � ' . r � :'a. � ' % J��O' t � Qy M "� :CMANNEL hR0A0 � —."�t--- ` ,i .: ' e. _ ek, . , .�.st , .:~ • ' - � � � ' � '�; P� °• `\ ,ry' 'fn /r k N�� ` , . � , �� '�' � � �'` � -; � tA � ,,� � � = e �o ..'� �' , �-6.. � CJ �c r. ,.a ;Sa� � . '� ��-�:- � ,, ��. � :� NpR ,_�; o.� , �.,. �N .� a7 0 ,.: �_ `. d�i: ;;' . �~ > , " .� •r, I p. ie; ,9' �p�' �.� R24 `tJ 4C , � •v e j : `� • .� � y�. , ,,,�... � � � � A � i A � � 4 K � . • ; ,; , ►1 �� , . . r � �, ;a� '° � : .. < �.,. .., o' � � � � ' "' � a • *, _ �j� � ; �� ' � o .I . Z ��•.�, � i , ., ��\ , '_�irs ..--�►E� � "—�E� +r -- �se � . sr� z� qM• h� : '� r�' Z�`�hi 0�• :a si. (n ;d' �3 r � • % l�• 4 4—. L j :,� ;: �-, n r�., ,_ . �� r �"" „�i.;� ; � i w = - � � � -...• SE � .� 4� 4E > �,�, � � � , +q ' , ,(�➢ �A/ w , !u ; �«' I . rw....v • ..'�, '" — �f � •�: /s� � 6 '.+..., � 2 ! • �; � � :e . i i � . � � Y a.sr.'rw.y.'• � __� � 7 � rJ. .� r � � rrl �. , i Z "'^' 7^ .. 1 QU I4 ; ' ' ' � Cr � c...� .+ i� ` � •n�) �� 4 F h�- i�i � uo�ol p� {7�1 AV. NE � a 6 A s A � 2 B °�►' � I"• .Q' , � I• Vr' . . ~ : ri. % w, ti 'l: �' � y '�u� �.- y.+.j - i c.) 6 8 �.� s N ;,.�.. e.� 4�' f. /� ! a �� ' . . `G 6 ...� i O �° ��_ �,�,..i . � 'v (� o ' 1- __ n: 6 C ;,... 'a.' � � d 4 '.:. P�: swl � �� ,.,(.� A O r tp� . c �� __"—�- ...r... /.. J O N , � 6 0 .: �w. � � n, . � o `•�N• � , �" X 40 . y .. - - c � � 3 ' � O � � �v w 6 E,�, �•, 4 G �"x; , " ,� � ::A, ;•� s �Ih �.c + h° , '�i M'' ,; �`f� •+� r� �� _ ..., 4 - � z ) /.> Q' � - W - - - ,�o: t �9�a �2 � /3Nb 2 e� i ` , =E a 8F ': n� � , � ..�Au a W �'� �� i ,2� •� i 3�. � .� . . . � :,�.. -'�-- ' �' �86!� + a •Y �.i, i o �r� ' `�p ' "� ��r� �' �. �/ 4�' � �'9� s z� � �� .~r, : `�'� sA.: , '„ ?,O . : A �,% r '` O ' .:, � r� y �S "' . �o�ti s �' � 3 / T 9A �9C,`��;� -- 88 t�o�is, i F, , • � ' f 8 � $ H � z 1 ;, �' S �i9 �t� 9 I� i r' �,+ F < �� ~ � r � � %) � AI yZj � 1ar`�� 71.f, .r �e w 1 'C I � �. .s ��OSI9SFPM"�3iREff�'- EC. sf � � � - — 23 O LOCATION MAP SAV ��90-01 r. *., „� �..; ai .. -� -- - -----, ZONtNG MAP � � �` = Z� OJ _o H� , c�° o Q� o� N � f'- w � � — � a a ►= J ; >- w •j � Q a � U �.; W � a� v > � r � � : � e �t � � � � � ' � i ; i j t � ; � s � J — �li5 � i ��s. ! � ,4 I ! � j •� f � ��= � ' �c � s'r ! �� ! � c � i:cr j! �`! � ��' !!�� E � � � �=4� d:� � � '� � �� s t � _ • ! _::� t � �� ; �_:� � � � � i 3 s�� , � t!: J � •�lr �' 4: �s � � \ � i � ! 8 � I � i : � � � SAV 4�90-01 City of Fridley i1�! ' �� ; . ;�� ! � i �=�3: � C,�'1� �_`.� � } sA i �s:��c.;,..e t� / � ; �� .. � i� �ti. _��-_� , _ � 1 ; ; r-- .; �i ,� � ; . �� •-�' � i . �� i � w( '� 41 �� 1 * � � �:. � . � Q , i ' �' � ` (� . " �., ,� " \... i� �N� � �`� ..a�..° �''� • � p . _�:' � i • :`�` ., ' . { � ;, , , ��.� ., ; _�.� ---- w�� • � 13��-=� .� � , . � � PRELIMINARY i 9 9 i 0 PLAT \ � � � t `� ,\, \�` _.l-�_� -oaxcE't` ` \ -,�\ —"L57REET . 1.' �...-- ^ =::.� ---•- — � t c+ �i � . � � , '' \. ` ;. • � I t �. q .. - �., � •,; ��. . I .: . �.; _. �. ,; 1 Y ! � , r� � i . � �� , r i \ ( r � ` j` -� � �� ., �:.�_._..,;��r � s�.^�:� ` a.'�t�:;r:y r � ��t- 1 g �;}� � ��f •�'; . � . �� ;� t � i Ei� � � ii� . = f: et t�� 0 SAV �� 90-01 City of Fridley � � z LJ �� ; � � . •� � �� 1 ;� � � �- ' :; _ � � _ • Dn . . Z � rn� �'� ; �— � ' • �., r '' � -A/ I , ..�_m � ` _� j� < �;: rn ` � c � � N Z A� ' �D � �! � � iSli [ ( � � s_� � � 1 , � • � ��• �f �5 � � t. :� i s r � . �D � � �� f Si:'a 's t S e;�� c7 O � . �� '� f{si � � � i � i[ s� i � = i i� � � i 1 >>:s � : i �" � ''� � z ` � ,: , :�i : ; �: E:�� { i �1 i. � � _; } � �� r f � •. � i = � i � � ; � � � �! r �� ; � �� i t � � �, ' . � � . I .� ' i �� - � °� . � . � I PLAN B I,f Oak_ley dedication is denied MSUS will provide lane to blackt� N: /'�1��'� ` �' / �M +� �� , ' / � SAV 4�90-01 City of Fridley _'. �o��l � V ' .� � _ 2H PLAN B I � COMMISSION VACANCIES AND TERMS THAT WILL E%PIRE IN 1990 FOR CITY COIINCIL CONSIDERATION CIIRRENT MEMBER Planninq Commission At Large - Vacant Environmental 0uality an8 Enerqy Commission Vacant (Wayne Wellan resigned.) Human Resources Commission Paul Westby 666 Kimball 5treet (H� 780-4326 (B) 571-1345 TERM E$PIRES 4-1-93 4-1-90 4-1-90 APPOINTEE 3 � � crnroF F� �� COIViMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: May 17, 1990 TO: William Burns, City Manager�� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: First Reading of Ordinance for the Sale of Excess Property; East 6 Feet of a Vacated Alley; Wayne Johnson Backqround On August 14, 1989, the City Council conducted a public hearing to determine whether or not the east 6 feet of the vacated 12 foot alley abutting Lots 1 through 9, Block 5, Hyde Park, should be considered as excess, and conveyed to abutting property owners on Lots 22 through 30, Block 5, Hyde Park (see attached graphic). The City Council closed the public hearing and requested that the petitioner, Wayne Johnson, confer with the adjacent property owners to share in the expenses of conducting the court proceedings to memorialize the certificates for the additional property. The property owners have already accrued the west 6 feet of the alley by virtue of the alley vacation approved by the City Council in May, 1988. As you may recall, in order for the property owners to obtain title of the east 6 feet of the alley, a deed from the State of Minnesota must be conveyed to the City first prior to conveyance to the abutting property owners. The two property owners to the north of Mr. Johnson have Torrens property and opted not to participate in the court process. The two property owners to the south of Mr. Johnson have abstract property and have decided to accept the east 6 feet of the 12 foot alley. Because these property owners have abstract property, there are no costs to them since they do not have certificates which need to be memorialized. By separate contract with Herrick and Newman, Mr. Johnson is moving forward with the memorialization process for his property. �; Excess Property; Johnson May 17, 1990 Page 2 Mr. Johnson received a rear and side to construct a garage 1 foot from the the side lot line contingent upon vacation process. Analysis �i� yard setback on May 10, 1988 rear lot line and 3 feet from successful completion of the In order to convey title to the abutting property owners, the City needs to declare the east 6 feet of the 12 foot alley as "excess" and authorize the sale to the abutting property owners. This means that upon approval by the City Council, the City would quit claim the east 6 feet of the 12 foot alley and convey it to the abutting owners at Lots 22 through 26, Block 5, Hyde Park. Because the property owners to the north of Johnson are not participating in the process, the City would retain ownership of the east 6 feet of the 12 foot alley for approximately 160 feet. While it would be cleaner to have the entire 12 foot alley attached to the abutting properties, the property owners have the option of pursuing the memorialization process on their own at a future date, or when they sell the property. The City obtained the east 6 feet of the alley from the State of Minnesota at no cost. Because of the minimal amount of value that the 6 feet will add to the abutting properties, no compensation is proposed from the Johnson's, Early's, or Henrikson's. Further, they will not agree to the conveyance if there is any cost to them. Recommendation Staff recommends the City Council approve the attached ordinance for first reading. BD/dn M-90-353 DOHL CURRY JOHNSON EARLY HENRIKSON I � 61 st Avenue 30 �--- , ---� � , ,., t - - � -- � - o'�� p --` �-` � �_ . ag � � �, � , � 3 � f •' � `� ... � � �-,-, d o- � �� "; a � . «. � N ; , -. ___ �+ N � � �� + _�_ _ i a , �s i L� ; � � ' � r � �' � v�� ;� o. ; ,� _-� _ _ ��_ a , E �,, o ! I �.. � .� ,_ __ _ - f/ � 1 / 1 � --_�� __ � � 12' vacated alley (s' to west; s' to state) �' .� ORDINANCE NO. AN ORDINANCE IINDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATS TO BE BIIRPLIIS AND AIIT80RIZING THE SALE THEREOF SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: The east half of that part of the vacated alley which adjoins Lots 5 through 9, Block 5, Hyde Park, lying north of the south line of said Lot 9, extended westerly and south of the north line of said Lot 5, extended westerly according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. All lying in Section 23, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into a contract to sell said property. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of the above-described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF __ , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: August 14, 1989 First Reading Second Reading: Publication: 4C 4D of SBF Addition; and (2) a park fee of $.023 pe square foot shall be paid prior to issuance of a building pe . Ms. Dacy stated in regard to the third tipulation reqarding the need for a variance, staff has consul d with the City Attorney and he has recommended the petitioner ove the west property line to the west so it would fall on th common drive. She stated staff has verified the petitioner's rvey to make sure the plat locates the lot line within the co driveway and nat the parking stall, therefore, the stipulatio regarding the variance is not needed. Mr. Farrell stated t re are problems with the project which are fairly typical. H stated Cub Foods is still on the lease for the building and he s working with them to negate their lease. He stated it has lso taken longer than anticipated to obtain the financing so hey are several months behind schedule. No other ersons in the audience spoke regarding this plat. MOTI by Councilman Fitzpatrick to close the public hearing. Se nded by Councilwoman Jorgenson. Upon a voice vote, all voting e, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:35 p.m. 2. PUBLIC HEARING ON THE SALE OF EXCESS PROPERTY. BETWEEN IATS 22 THROUGH 30 BLOCK 5 HYDE PARK BY WAYNE JOHNSON: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:35 p.m. Ms. Dacy, Planning Coordinator, stated this public hearing is to determine whether or not the east six feet of the 12 foot alley abutting Lots 22-30, Block 5, Hyde Park, is excess property. She stated in 1988, the City vacated the alley at the rear of these properties. Ms. Dacy stated under Minnesota law, half the alley access went to the property owners to the west and the other half to the State. She stated the City apgroached the State for a deed to convey this back to the City in order to convey it to the property owners. Ms. Dacy stated in order to record the deed from the State to the City, the County advised the City that the State's Certificate of Title has to be memorialized. She stated this requires a court proceeding which takes three to six months. Ms. Dacy stated this public hearing is to obtain input from abutting property owners affected by this vacation and if they are willing to proceed with the City in this memorializing process. Mr. Herrick, City Attorney, stated the State has deeded the property to the City, but it cannot be recorded. He stated in the 4E �RIDLEY CITY COIINCIL KEETING OF �UGIIST 14. 1989 PAGE 6 Torrens system, when any chanqes are made, they are done by attaching memorials to the certificate. Ae stated in this particular case, what needs to be memorialized is the City's action to vacate the alley. Councilman Fitzpatrick asked if the property owners adjacent to this alley already have the west six feet. Ms. Dacy stated the ordinance for the vacation of the alley was published, but it has not been recorded because of the complications regarding the State's Certificate of Title. Mr. Herrick stated if there are some property owners who want to express they have an interest in the east six feet, the Council should take this into consideration at this time. Mr. John Early stated he owns property to the south of Mr. Wayne Johnson. He stated they are in favor of Mr. Johnson's proposal, however, he wondered if the intent was to give the property owners the six feet or if they would be charged for this property. Mr. Herrick stated this is not a legal question, but one of policy. He felt the Council may not want to charge for this six feet if it really does not have much value. He stated, however, the Council may wish to address the court costs and if the property owners should contribute to these costs. Mayor Nee questioned the proposal to handle the court costs. Mr. Herrick stated he felt there was an understanding that the City would pay half the cost and the property owners the other half. Ms. Dacy stated because the process has taken some turns neither the City nor the petitioner were aware of, it was proposed, essentially, to split the cost of the court proceedings. She stated if more than one property owner wants the extra six feet added to their property, Mr. Johnson did not feel it was his responsibility to bear this cost alone. Ms. Dacy stated depending on how many property owners want to participate, a cost sharing could possibly be worked out. Mayor Nee stated he had reservations about the City paying these costs when it would be a benefit to the property owner and/or owners. Mr. Johnson felt this is a unique situation where the City would be obtaining an improvement which would benefit the community. Mayor Nee asked if anyone wished to speak either for or against the City finding this excess property and vacating the City's interest in the six feet deeded to the City by the State. FRIDLEY CITY COIINCIL I�IBETING OF �OGUST 1�. 1989_ P�GE 7 �F No persons in the audience spoke in reply to Mayor Nee's question. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice ��ote, all voting aye, Mayor Nee declared the motion carried unan:imously and the public hearing closed at 9:00 p.m. Mayor Nee asked about the cost for this court proce�eding. Ms. Dacy stated she thought it would be anywhere from $500 to $1,000. Councilman Billings stated he was surprised staff F�roposed to this cost sharing and was concerned about policy beinc� set by staff, rather than the Council. He stated he would like to review this further. Mr..Hendrickson, 6031 3rd Street, stated he could u:�e the extra six feet, but did not know the cost involved. Mr. Herrick stated assuming the cost is $1, 000 and ��f five property owners wish to proceed, it would be $200 each. He stated if other agreements were reached, the cost would be adjusted accordingly. He stated the property would have to be conveyedl if a property owner wished to sell or build on it. He stated �considering the cost, he felt it was worthwhile for the property owr�ers to proceed. Mr. Johnson stated he has been working on this for the last three years, and Ms. Dacy has been doing the best job in wrorking with him to solve the problems. OLD BUSINESS• 3. ORDINANCE NO. 928 APPROVING A REZONING. ZOA #89-03. TO REZONE IAT 2. AUDZTOR' S SUBDIVISION NO. 89 FROM M-1. L�IGHT INDUSTRIAL sATT1 D�4 C�'1J�'A�T. MTTT.TTDT.F i1WFT.T.TNr T(1 C`�� _ rF.NF.RAT. R11�NESS. MoTION by Councilman Schneider to waive th eading and adopt Ordinance No. 928 on second reading and or publication, with the stipulation approved at the first ding on .;fuly 24, 1989. Seconded by Councilman Fitzpatric Upon a voice vote, all voting aye, Mayor Nee declared the mo 'on carried unanimo�usly. 4. m MOTION by uncilman Fitzpatrick to waive the rea�ding and adopt Ordinan No. 929 on second reading and orde;r publication. Sec ed by Councilman Billings. Upon a voice vute, all voting a, Mayor Nee declared the motion carried unanimo�isly. FRIDLEY CITY COIINCIL l�BETING OF ��608T Z8, 1989 P�GE 2 WAYNE JOHNSON 11610 53RD AVENUE NORTH. PLYMOUTI3 - RE: VACATED ALLEY: Mr. Johnson stated he is here this evening to request the Council's participation in the cost to memorialize the titl.e for the alley which the City vacated. He stated he thought it was aqreed upon by staff that the City would pay half of this cosit. Mr. Johnson stated the City may have erred in not i�onstructing the alley back in the 1960's. He stated because this was not done, property owners installed their driveways in the front and some owners do not have a need for part of the vacated alley. Mayor Nee stated there is a similar situation where the City purchased land for construction of a street to Narth Park School and an adjacent property owner bought some of this excess land which the City did not use. He stated about a month ago, the property owner applied for a building permit and �Eound there were problems with the title. He stated this is the same as Mr. Johnson's situation, except this other property owner paid for the property, and Mr. Johnson did not. Mayor Nee ,stated the City Attorney has stated the City should not pay for a� clear title as the property was purchased under a quit claim deed, and he felt this was a similar situation. Mr. Johnson stated right now the City has an alley that looks very . bad and he is trying to improve it. He stated he felt he was doing the City a service in trying to make improvements.. Mayor Nee advised Mr. Johnson that he has the :land and can do anything he wants with it. He felt it is no la�nger the City's responsibility, but Mr. Johnson's if he wants to c:lear the title. Councilman Billings stated Mr. Johnson is saying lie does not feel he should pay all the court costs to clear the ti.tle on the east six feet of the alley as all his neighbors will obtain part of this alley and they should bear some of the cost. Cou»cilman Billings stated Mr. Johnson also points out if the City had paved the alley back in the 1960's, property owners would have insitalled driveways to the alley. He stated, as it now stands, s�ome owners have driveways to the front and not everyone wants th�; alley paved so Mr. Johnson initiated the vacation process. Coui�cilman Billings stated he can sympathize with Mr. Johnson, but he has a difficult time with the City paying half the legal costs as; he felt it was not in the best interests of the City. Councilman Billings felt an alternative may be for the City to pay the cost to clear the title and then sell the prc�perty to owners who want the east six feet of the alley. Councilman Billinqs asked how many property owners or lots would be involveci. 4G 4H F�IDLEY CITY COIIPlCIL lSBBTZHG OF �UGOST 28. 1989 P�G$ 3 Ms. Dacy, Planning Coordinator, stated five lots wo�uld be involved. Councilman Billings stated he knows one of the prc�perty owners to the north of Mr. Johnson has a structure in the mid�dle of where the alley was suppose to be and, even with the east si��t feet, he still would be in violation of the code. He felt thait person has a vested interest in tryinq to obtain title to the e:ntire alley. Councilman Billings asked if the memorialization f��r both the east and west half portions of the alley could be done at the same time. Mr. Newman, Assistant City Attorney, stated if some of the property owners do not want the property, there could be a problem. Mayor Nee asked if it was known how many property owners would participate in the cost for this memorialization. Mr. Johnson stated if the price was reasonable at. about $100 for each -property owner, he felt probably all of them would participate. Ms. Dacy stated she and the City Attorney, Mr. He��rick, discussed the cost and Mr. Herrick agreed to do the work at a cost not to exceed $1,000. She stated abutting property owner;s have agreed to participate, if the City was involved so that the�Lr cost would be reduced. Councilwoman Jorgenson asked the cost for staff's, time for their work in vacating the alley. Ms. Dacy stated she could not answer at this time since she was not involved from the beginning. Mr. Johnson stated a lot of staff time has qone in�to this vacation as Ms. Dacy is the fourth or fifth person he has dealt with in regard to the vacation. He felt because of ne�w personnel, it involved more staff time than if one person had h<indled it. Mr. Johnson stated he would like to complete his improvement and get the title cleared. He stated he felt someone made the decision for the City to pay half the cost. He stated he is requesting a decision from the Council if the City will or will not participate in the legal costs. Mr. John Early, owner of property to the south of Mr. Johnson, stated the alley has been an eyesore and the City has done absolutely nothing. He stated he would like to se�e an improvement and would be willing to pay a small amounit to get this accomplished. Mr. Burns, City Manager, stated he felt Councilman Billings suggestion has some merit. 41 FRIDLEY CITY COIINCIL �IEETING OF �IIaDBT Z8. 1989 P�GE 4 Mayor Nee stated he would have no problem with the City bearinq the initial expenses, and collectinq these expenses ii` the property owners agree to purchase the property. Mr. Johnson stated he did not believe it would be lbeneficial for the City unless the other four property owners indicate they would buy the property for $300 each. Councilman Billings felt staff, Mr. Johnson, and the four neighboring property owners should meet and make sure everyone is aware of what is happening and what their rights are:. He felt all possibilities should be explored to try and resolve this issue. Councilwoman Jorgenson stated she would suggest st��ff review the costs involved to vacate an alley and if the fee a�ctually covers the cost for staff's time. r �ICK SHERRY 5922 HACKMAN AVENUE - RE: DISEASED TR E: J Mr. Sherry stated he has a diseased elm tree in his yar which was planted as a boulevard tree and now needs to be remo�ie . He stated the tree, however, is 13 feet, 3 inches from the ri t-of-way and to be considered boulevard trees, they must be wi in 10 feet of the right-of-way. He stated the tree was planted ei`ore the street was constructed and was not located within the en foot easement area. Mr. Sherry felt since this is a boule rd �tree, the City should remove it. Councilwoman Jorgenson stated Mr. Sherry i not the only one with this problem as she has talked with Mr. ownsend, who also lives on Hackman Avenue, about a similar probl m. She stai:ed the problem is the City cannot use public funds o remove tr�.es on private property. Councilman Schneider stated a ee across the st:reet from Mr. Sherry was removed by the Cit several years ago. He stated at that time there was a program n which the City part:icipated in the cost, through a State qra , and did remove disE:ased trees on private property as fund were desiqnated for thalt purpose. He stated the program is n lonqer in effect. Councilman Schneide stated there is a proposal fo�r an ordinance amendment where t City would remove a diseased t,ree and assess the cost back to he property owner. He stated if this ordinance amendment is a pted, Mr. Sherry could use this meains to have the tree removed Councilm Billinqs felt the real determination i,E this tree is located on the City's right-of-way is the lot pine, and not the locat' n of the roadway. Virgil C. Herrick )ames D. Hoeft Gregg V. Herrick Of Counsel David P. Newman ll ll��.11�� 1 V�� 11 n\ 1�` ATTORNEYS AT LAW April 19, 1990 Barbara Dacy Planning Coordinator City of Fridl�y 6431 University Avenue `7.E. Fridley, MN 55432 RE: Wayne A. Johnson Dear Barb: This letter is to confirm our phone conversation o:E last week in which you indicated that you would place this matt��r back on the City's agenda to complete the pracess necessary to obtain an ordinance decl3ring the property excess. You ha3 :indicat�d that you would check with the Henricksons and the Earle��s to determir.e whether they wished to have the additional propert!� deeded to them. Because the Currys and the Dohls have torre�zs property and have not elected to be part of the proceeding subsEequent it would presumably be their intent not to hav� the propert�� in question deeded to them. As soon as you have ch�cked with ithe other property owners it is my understanding that this m��tter will be scheduled to be he3rd by the City and an ordinance should issue. Please contact me if you have any questions or prol�lems or if attendance by Mr. Johnson or myself as his represe�ltative is necessary in any of the proceedings. Sinc. rely, , / �_ � V �Gregg �Herrick GV�i/lal Suite 20�, 6401 University Avenue N.E., Fridley, Minnesota 55432, �612-571-3850 4J �'" �---- _ . . � _ . _�_ ._ -- _ _ 4K . .�.�. �b ��- QUIT CLAIM DEED The State of Minnesota having heretofore aicquired in fee the real esta te h2reinaf ter described and the Commi:;sioner of Transpor ta tion of sa id Sta te having de termined tha t the same is no longer needed; Now, therefore, upon said determination an�d pursuant to Minnesota Statutes, 161.44, the State of Minnesota, by Leonard W. Levine, its Commissioner of Transportation, grantor, at no cost, does hereby release, quit claim and convey to the City of Fridley, a cnunicipal corporation, in the County of. Anoka, grantee, for public purposes, all its interest in and to the real estate situate in the Coun ty of Anoka , Sta te of Minneso ta � described as follows : All of Tract A described below: Tract A. The East Half of that part of the vacated alley which adjoins Lots 1 through 9, Block 5� Hyde Park, lying north of the south line of said Lot 9 extended westerly and south of the north line of said Lot 1 extended westerly, according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. Da te d t h i s o� 3%�-� da y o f ry� A2 �� _, 19 �% . A r ved as to form: STATE OF MINNESOTA � �O ^ / � ✓� By t ,. , Special Assistant Attorne General ( (Deputy Commis ioner of ansportation) Seal of the Commission�er of Transporta tion ..wn nr� �..,.....--- - � t cinoF F�a� DATE: TO: FROM: SUBJECT: COIVLMUNITY DEVELOP,MENT DEPARTMENT M EMO RAN D UM May 17, 1990 William Burns, City Manager n�� + Jock Robertson, Community Develop�nent Director Barbara Dacy, Planning Coordinato:r Michele McPherson, Planning Assis1tant Variance Request, VAR #90-08, by ��heryl Stinski The Appeals Commission voted unanimously to rec:ommend denial of this request to the City Council. Staff recomme�nds that the City Council concur with the Appeals Commission act:ion. The staff report for the above referenced request is attaclhed. MM:ls M-90-333 5 � 5A � STAFF REPORI� APPEALS DATE �Y 8, 1990 CITY OF PLAtV�NG COMNSSION �ATE FRIDLEY CtTY COI�IqL DATE r�ay 21, 1990 �u�,�o�+ r'�"i.1s REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION 941 xillwind �ad SiTE DATA SIZE DENS{TY PRESENT ZONING ADJACENT LAND USES � ZONING UTLlTES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIUTY WtTH ADJACENT USES 8� ZONIVG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATiON APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION �•� �:� , Cheryl Stinski 'lb increase the square footac� of a. fre�standing sign 48 sq. ft. to 72 sq. ft. ; to increa�se the height of a standing si� from 6 ft. to 12 ft. above the finished gro�d grade. (� l, General Office IJ: F.-3, General Multiple Family; r,: 1�3, General b�zl Family �>: CR-1, C�-neral Offioe; 6�I: Highway 65 Yes Yes Denial Denial � Staff Report VAR #90-08, 941 Hillwind Road Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 214.10.02.B requires that a free-standing sign have a maximum size of 48 square feet in area per development. Public purpose served by this requirement is to limit visual pollution and excessive signs in commercial aireas. Section 214.10.02.0 requires that a free-standing sign have a maximum height of 6 feet above the finisheol ground grade. Public purpose served by this requirement is t�� promote ground level, monument signs in the CR-1 district. B. STATED HARDSHIP: Reason for variance and hardship: 1. Building accessibility due to trunl� highway and interstate is such that a larger sign is needed for visibility. 2. Permitted sign square footage is nc�t adequate to accommodate signage for the number of te�nants. 3. Due to size of building and materials usE�d, the building has significant impact and the signage r�eeds to be of a larger scale to compliment this class A building and hence the entire development. I feel it is imperative to finish the project �with a sign that is effective and aesthetically pleasing. C. ADMINISTRATI�IE STAFF REVIEW: Rectuest Cheryl Stinski is requesting a variance to inc:rease the square footage of a free-standing sign in a C-Rl dist:rict from 48 sq. ft. to 72 sq. ft. and to increase the height of a free- standing sigz� from 6 ft. to 12 ft. above the finished ground grade. This request is for Lot 1, Block 1, Hi]llwind Addition, the same being 941 Hillwind Road. Site Located on site is a three-story building of stone and glass construction. This building was recently c��mpleted in the fall of 1989. The zoning for the parcel is C:R-1, General Staff Report VAR #90-08�, 941 Hillwind Road Page 3 5C Office. Zoning to the north is R-3, General Multiple Dwelling; to the east is R-3, General Multiple Family; to the west is Highway 65. Analvsis The Sign Ordinance outlines four circumsta�nces in Section 214.21 that the applicant must prove prior to the Appeals Commission granting a variance. 8ection 214.21.02.A. That there are exceptional or extra-ordinary circumstances applicable to the property or to the intended use that do not app�ly generally to other property in the same vicinity and district. This property is similar to others along Hillwind Road. There are two other real estate offices which have :signs. Coldwell Banker has a 35 sq. ft. sign, and they were c�ranted a height variance to 15 feet in November 1977. This w��s granted prior to the adoption of the Sign Ordinance on Nov�ember 21, 1977. Due to the reconstruction of I-694 and the installation of Jersey barricades, the Coldwell Banker sign a�nd the proposed sign cannot be seen by eastbound traffic on I--694. Westbound motorists could see the sign, but the motori��t is beyond the Highway 65 exit at that point. Bection 214.21.02.B. That the variance ��s necessary for the preservation and enjoyment of a subst:antial property right possessed by other property in the same vicinity and district, but which is denied to i:he property in question. The petitioner, under the CR-1 regulations, is still allowed wall signage, so denying the height or area var. iance would not eliminate a substantial property right. In fac:t, locating the "Hillwind Offices" text on the upper one-third of the building facade would allow it to be seen by eastboun�3 traffic on I- 694. 8ection 214.21.02.C. That the strict ap��lication of the Chapter would constitute an unnecessary hardship. Denying the variance would not constitute an undue hardship as the petitioner has other alternatives for signage. 8ection 214.21.02.D. That the granting �of the variance would not be materially detrimental to thE� public health, safety, or general welfare or detrimental to the property in the vicinity or district in which t,he property is located. Staff Report VAR #90-08, 941 Hillwind Road Page 4 Granting the variance w properties, but staff : motorists on Highway 65 < sign, given its distance lanes. Given that the free-standing sign acts � also located on a three 5D. L11 not have an imp�act on adjacent s concerned as to whether or not an read the director;Y portion of the and unusual angle to the northbound building itself is ;a landmark, the iore as an entry feat�ure. The sign is Eoot tall berm. Staff acknowledges that the stone used on th.e facade of the building is of a high quality, and the petitioner may not want to puncture this facade by attaching a sign t:o it. However, it would provide higher square footage and tYie free standing sign could be dedicated to the tenant signagea. Recommendation Staff recommends that the Appeals Commission deny the variance as proposed since the petitioner has other ailternatives for signage. In addition, increasing the heigtit of the free- standing sign would not make the sign an�► more visible, especially from eastbound I-694. Appeals Commission Action The Appeals Commission voted unanimously to r�.commend to City Council denial of the request as proposed by the petitioner. City Council Recommendation Staff recommends that the City Council deny the request as proposed, as the petitioner has other a:Lternatives for signage. 5E CITY OF FRIDI�EY 1�iPPEALB CO1rII�lISSION 1dEETING, l�AY 8, 1990 �...r....w..r.r.�.w w...�.�w.►...r.�..r....1rr.�.�.w...rwr.�.�.rw,1rwi.w.�r..�.►►w�.�.�..�.wr��..�w.�.r�..r.►,►w.�rw.rw.�.� CALL TO ORDER: Vice-Chairperson Savage called the May 8, 1990, �ppeals Commission meeting to order at 7:43 p.m. ROLL CALL• Members Present: Diane Savage, Ken Vos, Larr�� Kuechle, Clifford Johnson Members Absent: Alex Barna Others Present: Barbara Dacy, Planning Coordlinator Michele McPherson, Planning Assistant Cheryl Stinski, 1612 Berne C:ircle Kathie Phillips, Burnet Real.ty APPROVAL OF MAY 1 1990 APPEALS COMMISSION I�INC►TES: MOTION by Mr. Kuechle, seconded by Dr. Vos, to a�pprove the May 1, 1990, Appeals Commission minutes as written. IIPON A VOICE VOTE, l�LL VOTING AYE, VICE-CHAIRPERS��N SAVAGE DECLARED THE MOTION CARRIED IINANIMOOSLY. 1. CONSIDERATION OF VARIANCE REOUEST, VAR #,90-08. BY CHERYL STINSKI: Pursuant to Section 214.10.02.B of the Fridlley City Code, to increase the square footage of a free-standling sign in a CR- 1, General Office District, from 48 square feet to 72 square feet; and pursuant to Section 214.10.02.C' to increase the height of a free-standing sign in a CR-]�, General Office District, from 6 feet to 12 feet above the L`inished grade, to allow the construction of a free-standing sign on Lot 1, Block 1, Hillwind Addition, and part of Lot 3, Auclitors Subdivision No. 25, the same being 941 Hillwind Road (Hillwind Office Building), Fridley, Minnesota, 55432. OM TION by Mr. Kuechle, seconded by Dr. Vos, �to ogen the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY AND'THE PIIBLIC HEARING OPENED AT 7:45 P.M. 5F �PPEALS COMMISSION MEETING� I�AY 8. 1990 PAGE 2 Ms. McPherson stated that this property is located on Hillwind Road near the interchange of I-694 and Highway 65. The northbound Highway 65 exit from I-694 runs parallel with Hillwind Road. The site is zoned CR-1, General Office. There is adjacent R-3, General Multiple Family, to the east and north of the site, and additional CR-1, General Office, to the south of the site. Ms. McPherson stated Cheryl Stinski is requesting that a variance be granted to the Sign Code for the Cl�-1 district to allow the construction of a 72 sq. ft. sign that is approximately 12 ft. hiqh. The sign will incl�ude the name of the building, "Hillwind Centre", and will havE: space for the names of the tenants. Ms. McPherson stated the Sign Ordinance outlines four circumstances which the applicant needs to prove prior to the approval of the variance by the Appeals Commission. Those circumstances are outlined below: Section 21�.21.02.A. That there are exceptional or extra-ordinary circumstances applicable i�o the property or to the intended use that do not apply generally to other property in the same vicinity and ciistrict. Ms. McPherson stated this property is similar �to others along Hillwind Road. There are two other real estat�e offices which have signs. Coldwell Banker has a 35 sq. ft. sign, and they were qranted a height variance to 15 feet in November 1977. This was granted prior to the adoption of the Sign Ordinance on November 21, 1977. Due to the reconstructi��n of I-694 and the installation of Jersey barricades, the C:oldwell Banker sign and the proposed sign cannot be seen by ea;stbound traffic on I-694. Westbound motorists could see the sign, but the motorist is beyond the northbound Highway 65 exit at that point. 8ection 214.21.02.8. That the variance is necessary for the preservation and enjoyment of a subst�antial property right possessed by other property in th�: same vicinity and district, but which is denied to the property in question. Ms. McPherson stated that the petitioner, �inder the CR-1 regulations, is still allowed wall signage, so denying the height or area variance would not eliminate a substantial property right. In fact, locating the "Hillwin�d Offices" text on the upper one-third of the building facade would allow it to be seen by eastbound traffic on I-694. 5G �pPEALB COMMISSION KEETING. lSAY 8, 1990 _ PAGE 3 Bection 214.21.02.C. That the strict application of the Chapter would constitute an unnecessary hardship. Ms. McPherson stated that denyinq the variance would not constitute an undue hardship as the petitioner has other alternatives for signage. Bection 214.21.02.D. That the granting of the variance would not be materially detrimental to L-he public health, safety, or general welfare or detriment�al to the property in the vicinity or district in which the property is located. Ms. McPherson stated that qranting the varizince will not have an impact on adjacent properties, but staff is concerned as to whether or not motorists on Highway 65 can read the directory portion of the siqn, given its dis�tance and unusual angle to the northbound lanes. Given that the buildinq itself is a landmark, the free-standing sign acts more as an entry feature. The sign is also located on a thre:e foot tall berm. Ms. McPherson stated that staff acknowledg�es that the stone used on the facade of the building is of a high quality, and the petitioner may not want to puncture� this facade by attaching a siqn to it. However, it would provide a higher square footage of signage, and the free-standing sign could then be dedicated to the tenant signage. Ms. McPherson stated that staff is recoa�mending that the Appeals Commission deny the variance as p;roposed since the petitioner has other alternatives to explor�e for signage. In addition, staff believes that increasing Lhe height of the free-standing sign would not make the sign any more visible, especially from eastbound I-694 traffic. Ms. Stinski showed the Commissivn an up-to-•date photo of the sign. She stated the reason for the increased height and size is because of visibility. They are concerned that the "Hillwind Centre" and "Burnet Realty" text be visible. They know that the 4-inch tenant panels would be visible from only approximately 150-200 feet. Ms. McPherson stated that traveling eastbound on I-694, people cannot see over the jersey barricades. Only the top one- third of the Hillwind Office building is v:isible. Ms. Stinski stated they feel this building;has a major impact on this corner. It is a focal point in the community. It was her intent to put up a sign without having to drill into the stone on the building. She wants to kee:p this a class A building look and have a sign that will bE: as classy as the 5H �PPEALS COI�+IISSION MIEETING. KAY 8. 1990 PAGE 4 building itself. The sign will be halo lit aao it will have very subtle-type lightinq at niqht. Ms. Stinski stated she believed the "Hillwi.nd Centre" and "Burnet Realty" text would use approximately 48 1/2 sq. ft. of the sign. Ms. Dacy stated that the interpretation of the definition of sign area in the ordinance would be that t;he area of the entire structure must be no more than 48 sq. ft. If the petitioner eliminated the tenant text panel, then "Hillwind Centre" and "Burnet Realty" text would be a lit:tle larqer than the 48 sq. ft. MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE, 7►LL VOTING 11YE, VICE-CHAIRPERSON Bl�VAGE DECLARED THE MOTION CARRIED IINANIMOOSLY lIND THE PIIBLIC HEARZNG CLOBED AT 8:00 P.M. Ms. Savage stated the Hillwind Office buildinc� is a beautiful building, but she did not agree with Ms. Stinski that big buildings necessarily need big signs. She staited she uses the northbound exit from I-694 to Highway 65 cP:►ite often, and there is a very qood view of the building from that direction. She stated she did not see a hardship, and e>he did not see that the purposes that have been indicated to c�rant a variance for the sign have been fulfilled. She alway,s has a concern about free-standing signs. This sign looks very attractive, but it is her opinion that free-standing la�rge signs, like billboards, are very visually polluting. That is why the City of Fridley's Sign Ordinance is so important. She sees a lot of other cities allowing signs that are too large and which do nothing for the environment. She would have to recommend denial of this variance request. Dr. Vos agreed that there seems to be no hardship. There is nothing regarding the property that would make it difficult for visibility. The building is very visible and can be seen from Hillwind Drive, Hiqhway 65, I-694, Moore Lake Drive, and Central Avenue. He, too, would recommend denial of the variance. Mr. Kuechle stated he agreed with both Ms. Sa�rage and Dr. Vos and would recommend denial of the variance. Mr. Johnson stated Dr. Vos brought up a major point, and that is that the building is very visible. He did �1ot think a sign would help find the building any easier th�n the building itself would. He would, too, recommend denial of the variance. APPEALS COMMISSION 1dEETING Y 8 1990 PAGE 5 O� TION by Dr. Vos, seconded by Mr. Johnson, to recommend to City Council denial of variance request, VAR #90-08, by Cheryl Stinski, pursuant to Section 214.10.02.B of the Fridley City Code, to increase the square footage of a f�ree-standing sign in a CR-1, General Office District, from 48 square feet to 72 square feet; and pursuant to Section 214.10.02.0 to increase the height of a free-standing sign in a CR-:1, General Office District, from 6 feet to 12 feet above the finished grade, to allow the construction of a free-standing sic�n on Lot 1, Block l, Hillwind Addition, and part of Lot 3, Auditors Subdivision No. 25, the same being 941 Hillwind Road (Hillwind Office Building). IIPON A oOICE VOTE, l�LL VOTING AYE, VICE-C]3AIRPERSON BAVAGE DECLARED THE MOTION CARRIED tJNANIMOOBLY. Ms. McPherson stated this item will go to City Council on Monday, May 21, 1990. 2, LECTION OF CHAZRPERSON AND VICE-CHAIRPERSON FOR 990-91: Ms. Savage stated she is willing to be chairperson; however, she did have a conflict with attending a�l�. the Wednesday Planning Commission meetings. The vice-chai:�person would have to help divide up that responsibility. i� Vice-Chairperson Savage declared the'nomi.nations open for chairperson. � Dr. Vos nominated Diane Savage f Hearing no other nominations, the nominations closed. , chairpeY•son. -Chairperson Savaqe declared MOTION by Dr. Vos, se nded by Mr. Kue:chle, to cast a unanimous ballot for ane Savage for Ciiairperson of the Appeals Commission fo May 1990-April 1991., E' ALL VOTING AYE� VICE-C'HAIRPERSON BAVAGE IIPON !� VOICE VOT , DECLARED THE MOT�ON CARRIED IINAIdIMOIIBLY. Chairperson chairperson Chairper chairp� �iage declared the nominatio�ns open for vice- Savage nominated Larry Kuechle for vice- 51 / ing no other nominations, Chairperson Savage declared the nations closed. /r. r ad� �- � � : � ; � �y�i '' � ; •. ,. ��... � � �., � . /i C�__ � __ `�� . S 4 _:.�- ` M �_� N ° � � �� " r��r A"' ' o �lJ.' � 1 _ .j�, � � � � f •�. ; �� i °^ i,..�.�iu � �n .� I ;j� / ' � / ; �� 23 ---•�__.. . i �� re\• I I : I�f �. � Cv +e� � � .✓ 6 , �.T.3.' �' . •m� �_'�l '` •�dL 7t if• .y, .Yq'71qY _ ' AU�--`—` 5 ,'\ � a�� VAR 4� 90-08 Cheryl Stinski S l'/2 SEC. C/TY 0 f-°' y c� e� w I s� r.�� . .,-�K: :r \�; � 3 � _., � --� �� 1 �� . ✓ � { y-� f� �.t n� p.� � �, � . � � . . �.`�� 1 '�" '�i.� � b.��.i �� •;•'�:.'�I��:i i `.1 • � "._I'� 1 � � ; . +� � ... .�: � •?�' • - -- .rsP �IA7MMMP � rt..•sk. '..�,. .�� `R .f { + �+ 1 ' � ' � : ` ; ` I � . tA� ,.J � � � �� ,� M� � { � '�, .� a- .,r -c"�� 'Nn � , �� i 4 P i-� j i� � !L�;A ,," F c. � I ..LYNDE DRiVE W.:. . �., , <<; D. � N, N� � � ! � * �� " i-» . 6 RS � ! �`P ��`E� • r � '. . . ., i '. ' ' ' � ••• " +' � �'•� �,� . �s !Br. !1 ,��-� d •,�.��, � i � —�. � ` � �� 'r--- '+� >:.':.. � I ��S � , �AEGiSy:TERR4q .,`��,�'p'�•� 0 . �� R�' . .. ` � � .+ , � . � � • �: � '__""'_J""_'_"'L0�" :.._'"_� —yq�___ , + M _.� � � /i�,� � , . I � „ C c' 7 � � r � M t . ' """""""'_'"""""' '-"' -_"__"... . -.�r._ • _ NO �.� i , �-� ��.. •,.' _ � �,_ • � ,N n 8 � . ' 1 -'-�"'-°..._s.� ' � _—' "'._"' . ._ E,�s,��; . --------------� - - ------� ----- _ -r A • ... --- �'' ,,.�q 9 � � � ._.s D �• � . �� -i.Y___...._..'�__.__"_.'_""_""�__ �u'" ""'_' . � - : ri� � A :.� ti. ME57FRA�.J-• ,E+� � ' �. � 1 1 - \� ----�---- t ° s� , �nc�. . ,. ,U �S�/ . R/D 11(, , F ., . � ---�' °."..°_ss�-�� . sn�s . ,� . > L�IK�L� , + ' ` -+...T • .. �� . � a • � - ........ ' -.. _`' CYWOO MO. !9 ='� � S' + y • ` E�CHT.S �"- � 1 /ST SUP C"DMOO�'�-.-_�� ' •. R! 9 1 � ' �ss� "a• .. � i -�-_ . s s '�r'�+�._�� ` 1N0 SS/P �'_._._-..... .."'°�.. • � d --•-..__..---�-• -H]' , �--.i_- •; ��_ '�__ ) � .11...Wi� RD. -�-�- r. --�.-.......� i�f �.� _ ! ~ �� ,_ � � ��-- �MTERSr4T ! - - �=��Wy � ` _ -- _ _ ---; ��:�o. s sa ' _. � 5 �" ,< `" • M t ` �� """�-M ' - 1-� , � . �O - -r--- - � -- ----, �-�-( � , �. � � ,; ;� > _ �....._ _.-"Y_ . 4 y r yT�,': �� 6��i ��r`� �T�p'S' I I O � � • . t_......"_'.�- ��'o. � , . z �.o; iY;s�R� ' �- �e p f� 1 O� 101ID. `s � i�' i�T� : :F- , �� I �r�� ',; ' � `t�W00D > COURT $(/!9 r �JF � LQi ': E-� � ' � s ' - r� �.�", sueavis�or� - ; � � �,�' � •'-a a'ud �c�s � � ,� � �n'�+ � '•• � � . �,•• '�- � � • ... � 9 � '',:_- ,E SKYw000 LaNE SKl'MI000 •• • t No. 94 P �' � � `� � ':,s ' .e ��' �C U Ti '� ° ' �DDI �`'_• ' ' : ��- < t�L � � ' o� ,1 ' �-`3��:�� , .� 1 � " i �-::., -- - .r=+�• � �.�., � ,��1-..e ,: •* _ `� -- , � ..1... , Z•• • + e -+IIVHit�E— R"f ` -- � --�55�9 ,�, - �� r----,—� _ �_-�� - �-�- „--f-- . .. 3 �.,.�. �.� , � a .,�.. � �; LOCAI�ION MAP J ` �.•_•_•� E_� ti� � -�-�-� . ., � � w • � �� :�:�v � .�. . � � � ♦ � :� � _�. '.�_�. ♦ � � � ♦ > ♦ - --- i�� t� �� ♦ � � � � � � � � ♦; � �•�•� • � i � 1 ��, �•� � �..�.� `� ' a*:�:�=�.� f��►�� +��/ � �� S� �� %��' v1�� . •� i•��•�•��• ��ee��1 �.�� ?��*� � •i�1J��,� ♦ r ��4��t,�� !_�� -L�:: � 1� ��IMY��N%�' � � I� ��INiM�\��1�1 t� ��MMN��..f1 � I� \��/�M�1!: ��7 J' 1� /�i /I�.��iM1 �� . 1� ��.�.��Ni��Y��. � n ��r��.. . L n ��i� �:7�� •��r� i�� .. ;= ,� . .f i" i- ir .� � �' � � � � f� , �.. ��:� ;'�• �� A ``, �VAR #89-07 � I�heryl Stinski S� �;, � 1 I 1 I� i � 1� r�!._.� I aN'-e• . --' --- � - — _�._ . _. ......-•I -°..... `'._. •...'•r.t • _— � . C . � 4 � wI ��i � � ' . ,;, 0' . . __1_ r,1 _ : � •i -- --I • . _ . ._ _� � ,r„► ` � 3 N I .� w.�.�i. b ' 3 �i? i fRe�'�' fi; �1 � � ' _ J `_ �t_a ' � '_ " " �� - ' . . � NEW �� '.,. — r� � : r i STORY ,,,.,r. '° �� =o • � � � OFFICE BUILDING �''"��` '� � � — 3�� `- +I �_ � � • M', ,. M • _� f0 � : �'.Jey ` . . . . � « �� " " ...Z.A�.rc �dr �~'_'-j � -- - `woc.. rw • -"---'J' _ . 1 (.� snt�as. wi I _i-r••�=� =r'1=' t w— -�j -----' �e . � � qa'.a' � ��.y '� y�'.a' qW L".d �j�..y.'.: Ke' o • \ t' `- .....� _ � + 4 �s: �s:e� t� . � ,,• f - -__ . _ • _._ __ ^�'-�' --- - •} ' ...... T.T'�_� • �`,�� }:�. ! � , � : i �mt a,o I ~+ �8. �� E 3 ; � s; ! � ` , .__�___ t--. . . , • ,. , •.. _ _.—� � j . .._ �� •�e -----�..:..�_----- ;�...� ��. , �� , . � • ' �. � � � SITE PLAN APPEP,L � COrt�4Ia �IOI1 t�T�,i TIP1G - Or,TOBER 1 1, 1�77 Pat�e 14 5M 1}. Ri:AUF.�T I'OR �I �'i';�Ii:�I1�G �Ii�; IT�D PU . , ,j,� ,1t :.�,� �r a11�;, rl P,I11?JCr OI� TI�c^, FRIDLi�Y CITY COI)�, SLCTIO?1 I;� :�:� ;a:: mIi �:•1;► ;Ii;Ui� Ii:�;IG:�IT .�OP, h �IC: I':'i ;R-1 l(';::IIT� G;:i::�P,':L C)Fl� IC�S •rn'`r. .-� -.;,T,� , r. �Ii;:,�a".; � i i,� �..�,' `�'Q 20 I��.�T ?+.BOVE �LLG:'; ' ' • —"`�' ,. Or ,1 �� 1 BY 7=i:. CO1�.��'-iU.r.R1'I��': � 0'�'.� LGC;:'r, ;1) 0;, LO t i'�;f�2i�`--� �",I, TI�it Ti-f:.;K ;�;i1�: ?:�; iiG 9 1 HILI��'iIIr'D R, rtc11JL1:.,T ��11r�:;�:;GT:.. ?eques� D �:t'rurti nn_ or�pany, 1 r 'treet, �xcelsior, Minnesot:a 5533� ). MOTIOI�i by 11r. Barna, seconded by Mr. Kemper, to c►pen the Public Hearing. Upon a voice vote, all votin� ay�e, the motion carried unanimously. The Public Hearing ti,ras opened at 9:11 P�M� A. i,� AD?'IINIS'?'RATIVE S'?'Ai� F R�VIF'�.'1 PtJBLIC PURPOS� S,^R�1 �D BY RE�TJ rI�'L.`1��'T: Section 214.055, 4 requiring a maximum heigh.t for a free standirg sign in CR-1 (general office and limited business) of 6 feet. Public purpose served is to provide for control of sa�all si�ns in the linited zone of CR-1� STATED H�t��SHIP: � Variance requested to permit sign tc have visibility fror� I�694, l��hich is some 12 feet higher grade than site location of sign; and so that s�gn rrhich is 8 feet daep t�ill not be buried tiio feet into the ground. C, ADMINISTRATIVE STAFF RE�JI�'1• The sign as proposed has not been located on the site plan at this rrriting. It is possible that such a high sign may be a detraction for the adjacent residential areas. Mr. Dick �'lalsh of 561 3rd Street� representing Eq�uity Construction Company elas present at the meeting. Mr. Holden requested Mr. t'Valsh to indicate ��n the dra�ving the exact location of the requested sign. Mr. lYalsh indicated i��here the proposed sign ivould be placed. He said that the main reason for the reqi�zest �vas to enable them to have a sign that r�ould have expc�sure to Interstate 694. He said that the si�n ��rould have the Real Estate 10 Logo. He said that there ivould be wood encasin� around the poles of the sign and that thE: sign ��ould be internally lighted. He said that the li�;ht ��ould be on a time-clock that �vould turn the li�hts on ��t dusk and then Real Estate 10 r�ould decide at tvhat time the li�hts Nould be turned off. APPF.ALS CO��f14IS�I�P? MF,�TIP1G - �CTOT3ER 1 1, 1977 _--- Pa�;e 15 5N Chairperson : chnabel asked if there r�ould al�so be signs located on the Real Lstate office building ;in addition to the requested sign. Mr. �7alsh said that in all probability there would be the Real Estate 10 logo signs lccated on the buil�ding itself. Chairperson Schnabel read from the existing i�ode Book regardind the t��all si�ns. She said that the dra��r,ing they had before them v�as shor�ing ttiro signs to be located on the building, she asked for expl anation. Mr. Holden said that he �vasn't sure ho�►� the �e�all sign subject rras being handled. Mr. ,Valsh said that r�hatever ti�ras done on the building v►ould be done according to the City Codes. He sa:id that the main thing r�as to get a free standing sign to advertise tnat the building ��as in existence and also to advertise the name of Real i,state 10. Chairperson Schnabel eranted to knotir the height of the building. rir. Holden said that the high�st �oint of the building v�as approxinately 20 feet. Chairperson Schnabel asked if the sign ��iould be above the 20 foot portion of the building. Mr. ►lalsh said that possibly it r�ould be about 1- 1� feet above that highest point. He said that it nrouldn't be extrer�ely high into the air. He indicated that very possibly the sign itself 1�ouldn't be much above the 20 foot point. He said that the additional distance Nould probably be necessary because of the r�ood casing that they ��rould put around the sign. Mr. Kemper r�anted to knoti�� exactly ti��hat the code said regarding the request. Chairperson Schnabel said that the Code read, "Maximum Height of Free Standing Sign: Six feet above lot �rade". Mr. �Valsh shorred the Commission different pictures of signs that had been constructed by the Company he represented. APP�11L� Cni•R•iI� �IOr1 M�.� IPTG - OCTOB,. 1 1, 1977 P�t�e 16 Chairperson �chnabel inclicated that a CR-1 an,d CR-2 zone basically covered t4edical and Office 3uildin�;s. She said that for some reason that particular piece of' pronerty had been zoned CR-1. She said that Real Estate 10 had to oUtain a Special Use Permit to construct th�eir buildin� on that lot. She said that because of tr�e CR-1 zonins, the City still had to follo:�r the Si�n Code� that had been established for that zoning. �� She said triat if Real Estate 10 had built in a regular CoMmercial L)istrict, a 25 foot sign �rould have been permitted. Mr. :7alsh said that that r�as the main reason that a variance ��as being requested. Chairperson Schnabel said that the real probl.em ��ras that basically the area ti�ras zoned residential. Mr. �1lalsh said that they Yreren't planning to put up any sign that rrould any ��ay be offensive to �ny rE;sidential property. Chairperson Schnabel said that her biggest concern rras the visibility of the si�n over the top oi thE; building �o the residential area that is directly behind. She didn't want a sign that ti�rould be sticking abo�re the roof. She said that the area cras very open land u:ith fe�v trees and the si�n tirould be most visible to the sizrroundino homes. ' There tras some discussion by the Conmission members regard�ng the lots and the zoning of the lots in ,the nearby areas. Mr. �7alsh said that they r�anted to construct the sign to be as close to 20 feet high as possible. Mr. Kemper asked if the building r�ould have �that type of sign at all� if the request tvere denied. Mr. Z'�alsh said that they r�ould be advised no�t to spend a lot of money for a sign that r{ouldn't be seen b;y the public. He said that they rrould have to do somet:hing to be able to inform people 1�rho they ��rere and exactly rr:hat the building ��;as. Mr. Kemper said that the sign rrould be out of place for the neighborhood. 50 PPT;AI>; C('t�1tI��I�I1 t�f��'TII�iG - OCTO;?ER 1 1, 1977 _ Pa�*e 17 5P t�is. Gabel pointed out that actually the sig.n ti��as to be used for identification purposes rather than act�ually advcrtisin�. t�ir. ►Jalsh said that any outdoor sign ti��as designed to accomplish tti�ro �urposes. He said that the main purpose v�as to advertise the business and the other eras a form of sub-conscience advertisin�, as eras the case af The Real Lstate Comnany; a purpose of keeping their :name in front of the Public. Mr. llalsh said that he felt the sign should be up high enough to be visible from Interstate 694 :�rhich ti�ras approximately 12 feet above the top of the buildin�. He said that they ti�ould like to have as much flexibility as possible in placing the sign keepin� in mind any guidelines that the Commission tivould set. Mr. t7alsh pointed out that the Real Estate Agency �vante� the ma:�imur� amount of signage that they could obtain. There l�ras a brief discussion by the Commission regarding the Si�r. Code that �•ras in the prccess of being re-rrri�ten. This discussion ioek place only for th� purpose of possibly seeing in �rhat direction the ne;:� Code rrould be going. It ti�tas not actually a conclusive discussion. Mr. t'lalsh said that Real Estate 10 did spend a 1ot of money to have signs and advertising that appeale3 to the public. rir. Plemel said that the point of the Free�Jay 694 where the si�n t�ould be visible Nas actually such a beautiful vie�� of the city, especially at night, that he really didn't ti•�ant that vieti� to be ruined by a sign. Chairperson Schnabel explained that the problem the Com�ission r�as having rrith the request rras that after agonizing over a lot of signs� a project committee made up of citizens that revie�red the entire Sign Ordinance was organized. She said that a proposal from the pr�oject committee �ras in the process of being revieti�ed by most of the Commissions and ��ras ready to be revie�ved by the City Council. She said that most of the citizen. Commissions of the City of Fridley had been made very conscience and aivare of signs because of the many discussions that had taken place during the past year. She said that it r�as that ar.�areness that r�as causing the Commission t�o take such a hard look at the request. APPEALS C01-it•iI� ;IOT1 rirrTI1�1G - OCTOi3i.R 1 1, 1977 Pa�e 1$ _ 5Q Chairperson Schnabel �aid that the public opinions had been eypressed to decrease the amount of signs and to create a lo��er profile of signs in the City. Mr. ;Yalsh said that he ti��as in favor of tasteful signs. Chairperson Schnabel said that she didn't feel there pas any disa�reements to the type of sign being p�roposed. She said that it rras mainly the height of the sig;n that vras being questioned. Ms. Gabel said that the Commission ti��as reall.y concerned about businesses. She said that the pr�oblem vras hor� they could be fair to both business and t,o the residents. Mr. �'Jalsh rras in agreement to the suggestiori that the signe�ouldn�t exceed the highest point of the building. Mr. Pler.►el asked if he meant the message part of the sign, and that the border of the sign :�rould be above the building. Mr. ,"lalsh said that is ��hat he meant. He s��ent some time trying to convince the Commission that the :�ign :•rould be nice, tastefully done, �d ti•rould enhance the t�uilding. Mr. Barna said that the Commission ti��as discizssing the entire sign; the messaoe p�rt and the border. There ��as much discussion by the members of the Comraission regarding the interpretation of the S:ign Code and hor� and r�here the top of the sign tivould be m�aasured fror� the ground. This discussion alsa touched o�� the subject of e:cactly hoti� much exposure crould be re��eived from Interstate 694 in regards to the amount of �traffic and the concentration that is necessary to drive on that freer�ay. rir. Kemper asked rrhy the 6 ft x 8 ft sign vr;as necessary. Mr. Walsh said that the sign ��ould be made 'by a vacuum press that makes a standard six foot sign. He said that ei�ht foot high ��as decided on to make a la:rge sign that r�ould give the appearance of being almost square. MOTION by t•ir. Barna� seconded by TZs. Gabel, to close the Public Hearin�. Upon a voice vote, all voting aye� the Public Hearing rras closed at 10:13 P.M. nPPrn1,� Cor��r•i1 ;�IOPJ 1dF. �r,�rlrr� - oeT�nrr� � i L� 977 pat�e � 9 5R The Commi�sion discussed exactly vrhat height they vrould stipulate the si�n to be. Mr. Barna r�as more concerned about being surE� the Sign v�ould not block the intersection visibility even n1a�e than blockin� the vie�v from the top. The other Commission members �vere expressing more concern a.bout the sign obstructin� the vie�v into ��nd out from the residential area that completely ��ould sLirround the Real Estate 10 building. MOTION by Mr. Plemel, seconded by Mr. Barna, that the Appeals Commission recommend the approval of the r�equest for variance of the I'ridley City Code, Section 21�..05:�, 4, to increase the maxi�ur� height for a frse standing si�n in CR-1 Zoning (General Offices and Limited Businesses), from siy fee� to the na:�imum height of 17 feet from the closest curb line at :iill;rind Road N� to the top of the finished structural member of the sign measured perpendicular to the right-of-:��ay line, to allor� the construction of a 6 foot by 8 foot sion, to be locaied on Lot 1, Block 1, Real Estate 10 Addi�ion, the same being 951 Hillrrind Road r?L� Fridley, 1•iinnesota. UPOI1 A VOICE VOTE, Mr. Plemel, Ms. Schnabel, Fis. Gabel and t4r. Barna voting aye; Mr. Kemper voting nay, the motion carried. Chairperson Schnabel said that the item rrould go before the City Counci� on Novenber 7, 197?� 5. RrCrIV� SIG�i�TUR�'S OF PROPERTY nrr:a^R� ?7TTNT1a �nn ��Tm 1� yS F;�l� �7'i 1PUL �ll IGl� !� Chairperson Schnabel explained that at the Septemb�er 20, 19?7 Appeals Comnission meeting a stipulation had been :put on the item indicating that the petitioner could notify tihe listed persons that r�ere required to be notified of an ad��itional variance from Section 205.053, �b; 5a, to reduce tlhe required 17, 5 foot side yard setback to 16 feet � i�1 ��hich case� then the iten rrould not have to go to City Cc�uncil. She said that it had been discovered in the proces;s of revierring the request that the petitioner had not t�een advised that they vrould need a variance for a side yard set back because there was an unvacated street at ithe side of the lot. r:tcu�nii r��r.n �; 01" I�OVEI;BCI2 7, »» .�1i� 5S PAGE 5 14r, Sohicch statcd thc ari��inal building nen:iit irrlicate; thr. ti��ccial use ucrmit is onl.y yon:f (or tlie aulrn;�atic car r�a,h. Therrf�re, if the v.;ri,u�ce is ap�roved, it would alsu he necessa�y fur a special usc �t nnit for the uprration of the gas station. 11r. �in•eshi, City ftanaq�r, stated. �ihen the pronerty to thc south develops. it is antici{��:;ed Lhit ►•;ou1d he one of the ir,ajor intersections. He indicatcd when the oriyin��l d,_vclo�:r��nt �:as pro;�esed, tl:c reqairr.��ent rws Uiat an additior�al lune bc p:�t in to tlie norll� to handle tf�e traffic and tl�nt access be only fr•om the service roa d. Ftr. Herrick, City lkttorney, indicated !•!r. SoSiech's point �•:as vr�ll-tai:en that the special use peri�it exists for Lhe car r:ash� and if th� applicai�t r.o►•r ►��ents to est��blish a ga, station, a nc.i permit r�ould l,e required. �fr. Qureshi su99ested the staff r�ork rrith the orrner of the �roper�y reg��rdin:� a traffic pattcrn �t this locaticn that may rcqui�-e o�ily ore cntrance eff of 73rd and provide sa:;e type of �:ider acc.ess off of T.H. ��47. I?r telt they should ha��e a��i;ule picture cr, t•:h � � tl�e total use o` tl�c pi•operty �•:ould be and to 1•:or{: �:ith the o:•:ner on a r�ore acc��table tra�fic pattern. Co:�r:il �:an I;ar�ernik indicated he has a problesi ►•�ith al �rn•�ing the curb cuts in that arca. !;ayor Cce indicated he shared Caurcilr:.an Nan�crnik's concerns and heped another alternative cuu7d be ti•:ori;ed out. t�r. Cod�in statcd he ►:as willing to work with the Cit,y in this matter. t��OTli:?; by Council�ian Harernik to tuble this item unLil stafi is ready to bring it back ";ic•re Cou,�.cil. S2conded by Councili•:ort�an f:i�koi•:ski. Upon a voice ��ote, all voti�g aye, Playor 7tiee declared the n:otion carr•ied unaniTausly, � " \ C(;J%.'_'� CO'rST,uii�7:d:i C^"''a.�!'i ; ; _ ��•�: , 9�1 IiLLi ;ilD kil:..� t;.E.: ( - .r. Sehiecn, Public !•!crls Director, siated this is a re^�est by Real Cst:ate l� to increa�,e thn r.�aztr..u;n height allo�:ed on r.n �der.E:ification sign on fiill�,�irid i;o;;d fr��n 6 feet to 2'v' f�c�t abn��e �rade. 1'�� stated the Aa?eals �or;aissior. heerd t'�e request . ar.d r�crn:-nanued ti�c r1dX11*U^1 height be increas2d frc�� 6 feet to 17 feet. He i�xplsire� this area is s�rroimded hy residential property and this was the basis of the di:.cussion on v�h�ther the extra fieiGht rrould be alloNed. Councilman Fitzp�trick pointed out, r�hen construction began on this buildir.q, it f:t t�ell into LP�e residential area and fe}t now an attempt was being rade to appcal to the I-694 traffic. "'�-'""- "' ider indicated he had some�vhat of a proble� with this request in vi�w Polk St. Investt�nt_Gmup �;,ouncil has just considered a sinn ordinance. I�tr. Dick lJalsh, representing Real Estate 10, indicated there w.as a mistake on the location ef the sign, and there is only one location on the property suitable for the sign r:hich would be aest of the buildi�g. Mr. Nalsh stated the variance is requested trom the 6 foot height in erder to get the sign above c�round. He indicated the purpose is to have an illuminat�d si4n to identify ti►e building and indicated tliey do not wish to put up anything that woul�d detract fran ihis structure. Couocilman Schneider indicated his primary concern is surrounding residemtial properties. ltr. Walsh indicated they ��ould like to get the sign out of the g►•ound to a height acceptabl e to tl�e Counc i 1. Hayor• Nee asked Ptr. Nalsh if he would be rrillin9 to work Mith Councilman SchneiAer regarding tlie ��sitioninq of the sign. Ft�•. Walsh indicated this would b�a satisfactory With him and he toutd meet with Councili�wn Scl�neider at any time. MOTIOf� by Councilm��n Schncidcr to table this item to the ncxt mecting on t�ove�nbcr 14, 1977. Seconded by Councilax�nun Kukowski. Upon a voice vote, all voting aye, �tayor Nee declared tlie motion car•ried unanin►ously. v PUBLIC HEARING MEETING OF NOYEMBER 14, 1977 � + RECESS: � Recess was called by Mayor Nee at 11:00 p.m. --^235 ---- � ; 5T � PAGE 11 RECONYENED: I . � f� Mayor Nee reconvened the meeting at 11:10 p.m. All Councilmembers were present. � 1 � , i � : OLD BUSINESS: CONSIDERATION OF A SIGN VARIANCE REQUEST BY E UITY CONSTRUCTION COMPANY„ SIGN FOR NEW REAI ESTATE 10 OFFICE BUILDING 9 1lLWINO D TABLED NOYEMBER 7, 197J : MOTION by Councilman Schneider to approve an increase from 6 feet to 15 feet from the closest curb line from Hillwind Road, to be installed perpendicular to 1:he right-of-way, to allow construction of a 5 x 7 foot sign with the following stipulaticin: (1) That the sign be turned off by 9:00 p.m. each evening. Seconded by Councilmain Ftizpatrick. . � Louncilman Schneider stated the purpose for the reduction in size and illumination is for protection of the residents in the area. Councilman Fitzpatrick stated he is prepared to support the motion on the advice of Councilman Schneider. He stated, however, this area was rezoned for the real estate building on the profile that this huilding would fit in with the neighborhood. He stated he doesn't totally feel this is in the spirit of the original pel:ition. Councilman Schneider stated he does have some misgivings on the point r2iised by Councilman Fitzpatrick; however, the building will shield the sign from nearly all residences. He indicated there are two homes in the imr,ediate area tha1: any type of illuminated sign would cause some interference. UPON A VOICE VOTE TAKEN ON THE MOTIOP�, all voted aye, and Mayor Nee decllared the motion carried unanimously. NEW BUSINESS: APPROVING STATEMENT Of CANVASS OF ELECTION FOR THE NOVEMBER 8, 1977 6ENI:RAL ELECTION: STATEMENT OF CANVASS 6ENERAL ELECTION NOVEMBER 8. 1971 DECLARATION OF RESULTS THEREOF In accordance with Section 4.08 of the Charter of the Gity of Frid'ley, the City Council declares the resutts of the 1977 General Election to be as follows: A. The total number of ballots cast was: Ward 1 - Precinct 1 Ward 1 - Precinct 2 Nard 1 - Precinct 3 Ward 2 - Precinct 1 Nard c^ - Precinct 2 Ward 2 - Precinct 3 Ward 3 - Precinct 1 Ward 3 - Precinct 2 Mard 3 - Precinct 3 232 656 � � �� 4� 66 �3 � 3523 TOTAL: :i523 B. The votes for each candidate, number of defective and ni�t voted and write-in votes are as follows: I I � - — ' _ __ l� CITY OF FRIDLEY CATV ADVISORY CO�ISSION MEETING, APRIL 1!9, 1990 �►r.►�►r��Yr ti�M N�rA►�Y�►.►ti�►.►�►��r1►�ti��AAM��Y�l►�A��►4�Y�►N.►^r�MM.►ti�►A��Mrti�YN.Y CALL TO ORDER• Chairperson Stouffer called the April 19, 1990, CA�TV Advisory Commission meeting to order at 7:05 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Ralph Stouffer, Robert Scott, Burt Weaver, Duane Peterson Barbara Hughes Clyde Moravetz, City of Fridle:y Mark Hammerstrom, Nortel Cable: APPROVAL OF JANUARY 18, 1990. CATV ADVISORY COMMIS�SION MINUTES: MOTION by Mr. Peterson, seconded by Mr. Scott, to approve the January 18, 1990, CATV Advisory Commission minutes; as written. IIPON A VOICE VOTE, ALL VOTiNG AYE, CBAIRPERSON STaiIIFFER DECLARED THE MOTION CARRIED IINANIMOUSLY. APPROVAL OF AGENDA: Mr. Moravetz stated the Commission had also receiv�ed a packet of information from Minnesota Association of Cable Te:levision Administrators (MACTA). The following should be a�dded to the agenda to receive and discuss. - NATOA Statement of Priority Issues - NLC Analysis of the "Staff Draft" - NFLCP Action Alert MOTION by Mr. Weaver, seconded by Mr. Peterson, tc� approve the agenda as amended. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STQiUFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. . ` CATV ADVISORY COMMISSION MEETING, APRIL 19. 1990 PAGE 2 I. NORTEL CABLE REPORTS A. First Quarter operations IIpdate Mr. Hammerstrom stated the rebuild is almost all completed. At the last Commission meeting, there were still three items left to be done: the INET, the emergency alert, and the wreck-out. The emergency alert system is in and has been tested. It works and is a good system. The INET cable is up. They just received the permit for the Burlington Northern crossing, so that should be completed within the next couple of weeks. The wreck-out of the ald plant is virtually completed. Mr. Hammerstrom stated their subscribers are now up to 4,900, basic customers are about 43� of the market. They have seen a growth of about 2� sinae November/ December 1989. A lot of the growth is d.ue directly to the remarket campaign he discussed at th.e last Commission meeting. They had about 700 sales, and kept about 450-500 new customers. Mr. Hammerstrom stated their pay numbers, are still declining somewhat, down to 2,935 pay un�its. That is not too surprising, because the rest of the industry is going through the same decline right now�. The premium service is not admitting any problems, b�ut there are some definite programming concerns that they feel have not been addressed. Pay-per-view and ce:rtainly home video have really had an impact on subsc:ription of those services. Mr. Hammerstrom stated Home Shopping has� presented an offer Nortel cannot refuse, so the Home Shopping network is going to stay on for the fore:seeable future. Mr. Hammerstrom stated the offices have been remodeled as part of their overall general clean-u�p efforts. He stated that possibly after the next meet:ing, the Commission members can visit the offices� and see the changes that have been made. Mr. Hammerstrom stated he received a let:ter from MSC. There has not been other conversations �rith MSC, and their phone traffic with MSC has droppecl to virtually nil. The second service of PSN is up arid running, and they will listen to both of them and see: what happens. , :� CATV ADVISORY COIrII�I88ION MEETING, l�PRIL 19. 1990 _ PAGE 3 B. 6o Day Rebuilt �Jpqrade Notiiication iletter dated 3/30/90) Mr. Hammerstrom stated Nortel can get a rebate on the portion of the unused bonds from the bonding company, so they would like to request the City to get the bond reduced once the construction is completed and signed off. Mr. Moravetz stated this item will be put back on the July agenda for action by the Commission. C. Receive Annual Business Report Dated march 30, 1990 Mr. Moravetz stated that the Commission should receive Attachment G of the annual business report, Certification of Franchise Fees for 1989, as required by ordinance. MOTION by Mr. Weaver, seconded by Mr. Peterson, to receive the Certification of Franchise Fees for 1989. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIR.PERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Moravetz referred to Attachment F. He stated he had a hard time believing that there are. so few service-related complaints: Reception - 6; Office - 0; Technical - 9. Mr. Stouffer stated he believed the Comia�ission discussed this during the franchise proc�ess, and there were some parameters as to what constitu.tes a complaint. Mr. Moravetz stated that if there are so�me parameters on what constitutes a complaint, then th�ose should be written down. Mr. Hammerstrom stated these complaints are ones that have been recorded as specific formal cc�mplaints. Mr. Weaver stated he did not think the C:ommission can really codify some of the type of compla�int calls he receives into one of these categories. Mr. Stouffer stated he would like to knciw if there is anything in the franchise regarding the definition of complaints. Mr. Hammerstrom stated there is nothing in the franchise that defines a complaint. The: franchise sc CATV ADVISORY COMMISSION MEETING, APRIL 19. 1990 PAGE 4 calls for a compilation of the complaints received. Nortel then did a summary of the calls received by customers. They keep the written documentation of all the customer complaints depending upon the nature of the call. Mr. Stouffer stated that in the annual r�eport next year, Mr. Hammerstrom might want to indicate that the documentation is available upon request. Mr. Stouffer asked if it would be beneficial for the Commission to know how many service calls are made in a year. Mr. Hammerstrom stated that the page ent,itled, "Service Call Activity - Fridley", is an ongoing record of service calls which is completed during a given month and the percentage to basic subscribers. It is a very good record of monthly service call acti.vity. Mr. Stouffer stated he thought this info�rmation was more meaningful than the complaint log. MOTION by Mr. Peterson, seconded by Mr. Weaver, to receive the Annual Business Report datedl March 30, 1990. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIF:PERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOUSLY. D. Receive ist Quarter Franchise Fee MOTION by Mr. Weaver, seconded by Mr. Pe:terson, to receive the lst Quarter Franchise Fee da�ted April 14, 1990. OPON A VOICE VOTE, ALL VOTING AYE, CHAIFtPER80N STOIIFFER DECLARED THE MOTION CARRZED IINANIMOIISLY. E. Annual Survey Status Mr. Hammerstrom handed out copies of the: surveys. He stated they changed the "Repair and Teci;�nical Date" from 6 months to January 1 as suggested by Mr. Stouffer at the January 18, 1990, meeting. This gets them out of the time of the conversion when there� were so many problems. They added a question about N[SC, but there are no questions about pay-per-view becaiuse they ran out of space. These surveys will go out next week. . � CATV ADVISORY COMMISSION MEETING. APRIL 19. 1990 PAGE 5 F. Handicap Facilities, Fire Escapes, $tc. Mr. Moravetz stated that at the last ACG� Board meeting, questions came up regarding handicap access to Nortel Cable on the lower level. Apparently, there are some handicapped persons who would like to become involved with productions and camera work. There is handicap access to the upper level and p�arking, but the problem is on the lower level. ACCW is just asking if there are any plans for handicap facilit.ies on the lower level at Nortel. Mr. Hammerstro� stated they have no plan.s right now to put in handicap parking. Right now the back lot is cramped for space with all the wreck-out materials. There is a ramp which makes the building handicap accessible. He stated he is not opposed. to creating a handicap parking space if it is going to� be used; however, with the amount of traffic in and out every day, it is difficult to take out an existing parking space without justification. If there is a need, he will certainly reconsider, but he would want to make sure it would be used. Any work would h.ave to wait until the back area is cleaned up. Mr. Moravetz stated the other question b�rought up at the ACCW Board meeting was fire escapes. He checked and found that Nortel Cable is in compliance with the fire code. Mr. Moravetz stated he wanted to emphasize that these were only inquiries on the part of the A,CCW Board, not accusations. II. FRIDLEY CABLE CONSORTIUM (FCC): A. Receive January 4, 1990, FCC Meetinq Min�utes OM TION by Mr. Scott, seconded by Mr. Pet.erson, to receive the January 4, 1990, FCC meeting� minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIA:PERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMODSLY. B. Receive March 21, 1990, FCC Meetinq Minu�tes MOTION by Mr. Scott, seconded by Mr. Wea.ver, to receive March 21, 1990, FCC Meeting Minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIIi,PER80N STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. �ATV ADVISORY COMMISSION MEETING, �PRIL 19. 1990 PAGE 6 III. ANOKA COUNTY COMMUNICATIONS WQRKSHOP: A. Receive February 14, 1990, 11CCW Meetinq Minutes MOTION by Mr. Peterson, seconded by Mr. Weaver, to receive the February 14, 1990, ACCW meetinq minutes. IIPON A VOICE VOTE� ALL VOTING AY$� CHAIR,PERBON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. B. Receive Marcb 14, 1990, ACCW Meetinq Miautes MOTION by Mr. Weaver, seconded by Mr. Scott, to receive the March 14, 1990, ACCW meeting minutes. IIPON A VOICE VOTE� ALL VOTING AYE� CBAIRPERSON BTOIIFFER DECLARED THE MOTZON CARRIED IINANIMOIISLY. C. Receive March/April Director�s Report MOTION by Mr. Scott, seconded by Mr. Peterson, to receive the March/April Director's Report. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOOSLY. D. Receive ist Quarter Report to City tiacludinq Statistics and Financial Reports) Mr. Moravetz stated the financial report was difficult to read, and maybe this could be reported differently in the future. MOTION by Mr. Weaver, seconded by Mr. Peterson, to receive the lst Quarter Report to the City. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANZMOIISLY. IV. RECEIVE MACTA SURVEY RESULTS: Mr. Moravetz stated this was a survey mailed out to 100 random municipalities, of which 40 were returned. MOTION by Mr. Scott, seconded by Mr. Weaver, to receive the MACTA survey results. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSO;N STOQFFER DECLARED THE MOTION CARRIED IINANIIYIOIISLY. 6E sF CATV ADVISORY COMMISSION MEETING, APRIL 19. 1990 PAGE 7 V. �OMINATZON OF OFFICERS (MAY 1990-APRIL 1991): Mr., Moravetz stated Barbara Hughes has indicated she would be willing to serve as chairperson or vice-chairperson. Chairperson Stouffer declared the nominations open for chairperson. Mr. Peterson nominated Ralph Stouffer for chairperson. Hearing no other nominations, Chairperson Stouffer declared the nominations for chairperson closed. MOTION by Mr. Peterson, seconded by Mr. Scott, to cast a unanimous ballot for Ralph Stouffer for Chairperson of the CATV Advisory Commission for the term May 1990 - April 1991. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BTOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. Chairperson Stouffer declared the nominations open for vice- chairperson. Mr. Scott nominated Barbara Hughes for vice-chairperson. Hearing no other nominations, Chairperson Stouffer declared the nominations for vice-chairperson closed. MOTION by Mr. Scott, seconded by Mr. Weaver, to cast a unanimous ballot for Barbara Hughes for Vice-Chairperson of the CATV Advisory Commission for the term May 1990 - April 1991. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSO�N STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. VI. OTHER BUSINESS: A. - NATOA Statement of Priority Issues - NLC Analysis of the ��Staff Draft�� - NFLCP ACtioII Alert Mr. Moravetz stated the City Council has; received copies of this same material. He did nc�t know if the Council was going to take any action, oz• if they were going to let NATOA attorneys and the Nat:ional League of Cities and attorneys handle this. If th�e Council does decide to take some action, they might �rant some input from the CATV Advisory Commission. Mr. Weaver stated he didn't think the Cc►mmission should be in favor of something that is not wel.l defined. He CATV ADVISORY COMMi88ION ME$TING, APRIL 19, 1990 PAGE 8 B. had no problem with the issues as define<i and felt he and the Commission could support them. ]sut, how response to these issues is the legislat:ion that is being drafted, and what does S.1880 look like? Mr. Weaver stated they should receive fu�rther information and, at the earliest conveni�ance, he would like the Commission to receive what come:a out of the committee on the S.1880 bill and the com�panion bill in the House. Mr. Peterson agreed. He stated that in ithe memo dated April 13, 1990, to MACTA Agency Contact 1Kembers, Holly Hansen, MACTA Chairperson, stated that, '"The Senate "Staff Draft" is being rewritten as you :read this." So, they might be in favor of what is he:re, but there might already be something totally diffe:rent from what the Commission has received. MOTION by Mr. Weaver, seconded by Mr. Pe�terson, to receive the above information. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR;PERSON STOIIFFER DECLARED THE MOTION CARRIED tJNANIMOOBLY. Mr. Moravetz stated th for a possible special on what action the City legislation. Equipment e Commission shoul�d be prepared meeting before Ju:ly, depending Council takes on this Mr. Weaver stated that over the years, t;he operator has contributed quite a bit of money/equipme,nt to the generic category of LO, access, etc. He had a concern that some of this equipment might be drifting around uncontrolled. Maybe the Commission should ask ACCW to take the responsibility of keeping track of this equipment. Mr. Stouffer stated ACCW pravides the Co:mmission with an inventory each year. Mr. Moravetz stated every piece of equipment is duly signed out and recorded when it is used by LO, access, etc. Mr. Hammerstrom stated he appreciated Mr. Weaver's concerns. This is a lot of expensive equipment. ACCW does quarterly equipment inventories, and Nortel does quarterly equipment inventories. They work closely with ACCW to make sure that if some equipment breaks 6G 6H CATV ADVISORY COMMZ88ION MEETING. �PRIL 19, 1990__ PAGE 9 down, there is a procedure for recordinc� the trouble, the trouble gets analyzed, Nortel sends it cut for repair and pays for the damages, and serids it back to ACCW to be inventoried. Nortel's equipnient is inventoried separately and is handled as: "secondary" access equipment if there is a need for it and it can be justified. Mr. Weaver stated he just wanted to make: sure that all the equipment is accounted for and that no one is short on equipment. From what he is hearing, there does not seem to be any problem, and he is satis2`ied. VII. ADJOURNMENT• MOTION by Mr. Peterson, seconded the meeting. Qpon a voice vote, Stouffer declared tbe April 19, Commission meetinq adjourned at Respectfully submitted, Lynne Saba Recording Secretary by Mr. Weave:r, to adjourn all votinq ��ye, Chairperson 1990, CATV Ativisory 8:3o p.m. � � cinroF F�� DATE: , TO: FROM: SUBJECT: C011/lMUNITY DEVELOP11ItENT DEPARTMENT MEMORANDUM May 17, 1990 , � • William Burns, City Manager,�`� Jock Robertson, Community Devel.opment Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Establish Public Hearing Dat�e for Rezoning Request, ZOA #90-03, by Bob Rin�� of Bob's Amoco Attached is the staff report for the above-refe�renced request. This item was originally scheduled for the April 23, 1990 City Council meeting, but was removed from the agenda at the request of the Amoco Corporation. Staff has since received �permission from Amoco to continue the process for Mr. Ring (see �ttached letter dated April 30, 1990). The zoning ordinance requires that the City Council hold a public hearing for all zoning requests. Staff recommend:� that the City Council set June 4, 1990 as the date for the public hearing. Staff would also like to schedule the first reading of the attached ordinance authorizing the rezoning for June 4, 19��0. Second and final reading will not occur until Amoco conveys tit:le to Bob Ring, or until we have received permission from Amoco t:o complete the zoning change. I�I/dn M-90-344 7 � 7A � STAFF REPOR'T APPEALS �ATE C�N� PLANWC COM��SSION DAl'E � April �:i , 1990 F[Z! DLEY c�-r�r c�o�,n,c� uA� Ap r i 1 2 3; 19 9 0, May 21, 19 9 Cy��THpq MM/ dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSRY PRESENT ZONING ADJACENT LAND USES $► Z�i� UTL�ES PARK DEDICATION ANALYSIS F�IANCIAL NNPLICATIONS CONFORMANCE TO COMPREF�NSNE PLMI COMPATBILITY WITH ADJACENT USES 8 ZONNG ENV�tONMENTAL C�ONSbERATIONS STAFF RECOMMEI�ATiON APPEALS RECOMMENDATION PLANNNVG COMMISSION RECOANNENDATION ZOA ��90-03 Bob Ring of Bob's Amoco Rezone from M-1, Light Industri�il to C-2, General Business 7680 Highway 65 N.E. 29,040 square feet M-1, Light Industrial M-1, Light Industrial to south and west; C-3, General Shopping to east; Spring Lake P�irk to north (C-2, Neighborhood and Service Center Commercial District) Yes Yes Remedial system for groundwater contamination to be installed on site. Approval with stipulations Approval with stipulations �� Staff Report ZOA #90-03, Bob's AmoCo Page 2 RE4UEST Bob Ring of Bob's Amoco is requesting that Lot 1, Block 1, Lampert's Addition, generally located at 7680 Highway 65 N.E., be rezoned from M-1, Light Industrial, to C-2, General Business. SITE The site is currently zoned M-1, Light Industrial. The zoning to the north in Spring Lake Park is C-2, Neighbonc�>od and Service Center Commercial District. The zoning to the soiuth and west is M-1, Light Industrial; zoning to the east is C-2, Ge:neral Business. Currently located on site is an automotive service ::tation, a small convenience store, and gas pumps. ANALYSIS The parcel has been zoned M-1, Light Industrial, since 1958; however, the existing use and adjacent uses are not industrial, but commercial in nature. The proposed site impr��vement by the petitioner will increase the amount of commercial s;pace within the building. Rezoning this parcel to a commercial use would be in keeping with the character of other corners of the intersection. The parcels to th� east at the intersection of O:sborne Road and Highway 65 have been zoned General Shopping since ].958. The other parcels located in Spring Lake Park are also zoned for commercial use. In other areas of the City, it is common �Eor "loop back" parcels to be zoned commercial, even if theY�e is adjacent industrial zoning. While there is no "loop back:" road at this location, it could be argued that the driveway whic;h starts on the west side of the VFW and exits through the Amoco parcel operates and functions as a"loop back" road. Therefor�e, it would be logical for the City to approve a rezoning of bc>th the VFW and Amoco parcels to C-2, General Business. In addition, approving the rezoning would bring ithe parcel into greater conformance with the zoning code. Curre�ntly, under the M-1 zoning, the lot does not meet the minimum lot s;ize requirement (29, 040 square feet versus the required 36, 679 squa:re feet) . Under the proposed C-2 zoning, the lot would exceed the minimum lot size of 20,000 square feet. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the rezoning request, ZOA #90-03, to the City C'ouncil with the following stipulation: 1. The variance request, VAR #90-04, be approved�. 7C Staff Report ZOA #90-03, Bob's Amoco Page 3 PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recomaiend approval of the request with the stipulation as recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur wii�h the Planning Commission action and approve the request to rezo�ne Lot 1, Block 1, Lampert's Addition, from M-1, Light Industrial, to C-2, General Business. 7D Amoco Corporation 200 East Randolph Drive Post Office Box 87703 Chicago, Illinois 60680-0703 312 856-3562 Douglas W. Johnson Attorney VIA FACSIMILE April 30, 1990 Ms. Michele McPherson City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 7680 Northeast Hi�hway 65, Fridley, Minnesota Dear Ms. McPherson: I understand that Lloyd R. Ring, Amoco's lessee dealer F�t the above location has initiated with the City a zoning change and site plan approval for improvements at the location. Mr. Ring is in the process of purchasing the location from Amoco Oil Company; we have no objection to preliminary action being taken by the City to Mr. Ring's� request so long as no Amoco rights are prejudiced and no final action i:s taken without my approval or until Amoco has conveyed the property to Mr., Ring. If you have not received a copy of the Deed conveying Anioco's interest in the property to Mr. Ring three (3) business days prior t:o any final action being taken by the City, please contact me by fa�: letter at (312) 856-2424. I will thereafter immediately let you �:now whether or not the final approval by the City should be postponed c�r whether or not Amoco has any objection to the final approval going forward. If by any chance that for some reason unbeknownst to an�� of us at this time, that the transfer does not take place between Amoc:o Oil Company and Mr. Ring, I understand that prior to the final approval being taken by the City that Amoco may withdraw its consent to such act:ion and no further action will be taken by the City and no Amoco ri_ghts will be prejudiced. If there is any question with this, please contact the c�ndersigned. Very t yours, Douglas W. Johnson Mail Code 2107 DWJ/tw � m� �� _ ._ __ J n ZGA 4�90-03 B��b � S amo�o 7E N /%2 � SEC. /� cirr oF �. 2 � � � 0 C> �. . � � �'. w �. , � �. .� � ., �j ,� M• I.% �� /- 13 LOCA�TtON MAP ZOA ��90-03 Bob's Amoco � C r ZO�N�VG MAP 1 �� o��:,.�; �r.� w,,,.�J ZO�A 4�90-03 Bolb's Amoco .-- �_-- PwJw kwb u.Jyt� 'ut , 0 5 b o r�i E, roro �.+��j o.d►�o C►�.(�J4 CJtMJw . T• rvt��J -..`. _ �u' frr..�.lr �.e.tero►—� -- ��t----� 1r+' O�.i4. �.s.lbwor � �s..� � � 1 I � �'��: • l I � \k I I L� r�..� � I t I � �� . I � � I i I �R I � � ��' �I I � � ��,1 j i ti � `` �� I ti�'. I4y Nr;� �..u�Jo. e tf.�; .+►.,lu�, u.�.�{ sr�►M.a ! 4 ►�i � � i�i��T�•.� ae.��w � � � � ( � ; j �`: � I I • � �J s il '� �y fr�I�+co � 4' Dvy ae.1eN.► Jrr-i��oe. 1 C � -� s _ � _ ' s ! ��_. en�T :7 • ��at� �friry.w 4�Y1� \ � 01 "^�t :__ n� ..�y�l --�---- I � I I I � . _ ^ �:'-� ' �° -�--- "'- — t .,.,_ � � . i l i J t — �1 � 1 � { ' � � ' �� , � • ., � �--- —. � � �I � -� � �i � a � I I - � - -- — � � �y ti wh.i ! i � M u'� s M ..JM �.�. Ibe �' � � i Q � - d. s � � . ± ` .a i ; � 1 . j � � � t ❑ -� '� � � � N 3 � � 3 �`- �` 3 ` 7G I,��rL Oe.�,�r��1io► I..� � . ovo►- � ILn�rbrT /►oo�1ie►! �OhtM ��1i • (�-t SITE PLAN II � � , , ' �c °: 1 , �. a " �; ;� � • `, � . � ,i a � .� S J c o � :i ; � ' I ! � � ' 1 � � I � �, �� A �I �I � c 7 � � .►i � J v �I �;: . � � _: ; r'1 � 2S t � I 1 i • � � � 4 � � '' 3 f � �. �. . � � i � � � � � � �i �I � I � �i �1 ? . �� ;i� ZO�� 90-03 Bot�'s Amoco �--� �' I 1 � I� � i � i� i ii f 4 .; ;; } s:. : � �' S ,� � . . t. � ' I^I • i �. ��w � . �f;, . . � +-:-::•.� :I �_' �; : i ;.i� • � :�� 1 - - �� .�.. � �� ;ti . , � i^ � � � : � �� 1 � -- r • J i H i �� L �� i � �1 � :i7C.�r 1 • i" ' � �� II—^ � ' ".r. a � � �I� .. .- --• i.i�� Li - -- - � - �'- a` �� 0 L 7 � t— � 7H I EL:�EVATION + -� I I� � I � _ �;, Ir' .`�i:� � Z��A ��90-03 B��b's Amoco � � L ._ -- s�_� ;�-'�^^'+ .7, . � � � � � ly�� , '�, � -- � I_ I 'o_ a "- s ar � p c . i -D � � � L � . � � C 1 � L T � � �� G ,� r ai � F = o � � r J " c � c � � a r � . ��.---�--�. . _.� r_. •" c Q 3 - � � �o _j�WnTt_� �iLhJtaf� h��o �T ?t £� S. t� i L �r L ; � L ; r c : Q c c .i� 0 F : � � � �+ ' . S. nr ' , C. .� t � ;o o :c� \ i ° � ° \• � F I � !� � a T :� I . J '' � — Ig •.� ,r or. �� : L �.T��:� � /�� '�"' �' � Q, • p �/ ° 1. ; � i T � � � �, -: � � I� r _`�r ; � � o d C �` �- ....:, I � ;� t �� J :.._:;_.::._��',t��h' � � + i I r . !o .� � � � i �- - - -- - � -� � r � � c � 3 � � 7 F� z, r . � � L C � C � , �1 ` i T ! � � � � , � � � T � � ✓ F F LANDSC�PE PLAN 7� � � c�nroF F�� COl1ItMl1NITY DEVELO�'MENT DEPARTMENT MEMORANDUM DATB: May 17 , 1990 � � � TO: William Burns, City Manaqer �l� � FROM: Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator Lisa Campbel�CPlanninq Associate SIIBJECT: 1990 Solid Waste Abatement Joint Powers Aqreement '� Attached please find a copy of the 1990 Anoka County ;5olid Waste Abatement Joint Powers Agreement. This document is the legal mecYianism that will allow the City of Fridley to receive as much as $127,930 i.n grant revenue from Anoka County. The funding formula is sY�own below: Base Amount $4,000 Proqram + 40 Ton + S5.00/Hshld + Yard Waste Grant + $66,240 + $54,960 + $3,000 = o al _ $127,930 Item number three, entitled "Program", refers to Exhi.bit I which has been attached for your review. This exhibit identifies c:urrent and potential landfill abatement activities. Staff has included proposed activities that may or may not be subsequently approved by the Counci.l. This was done in order to ensure the availability of the funds for the proposed activities. If Council does not approve of these items, the funds will be available for other costs associated with the City's solid waste programming. These proposals will be presented to the Council for consider�ation as a part of the final report on the Solid Waste Fact-Finding Process. Requested Action Staff requests that the City Council authorize the Ciity Manager to execute this document. Once the document is complete, staff may request and obtain these grant monies. LC:ls M-90-349 C ls7 JOINT POWERS AGREEMENT THIS AGREEMENT made and entered into on April 24, 1990, notv�vithstanding the date of the signatures of the parties, between the COUMY OF ANOKA, State of Minnes►ota, hereinafter referred to as the "COUM'Y", and the CtTY OF FRIDLEY, hereinafter referred to as th�e "MUNICIPALI'TY". WITNESSETH: WHEREAS, the County imposes a fee of $2.62 per cubic yard at all mixed municipal waste landfills located within its borders pu�suant to Minn. Stat. Section 115A.919 and allocates a portion of said fee and a portion of the service fee imposed at the Elk River ResouKCe Recovery Facility to fund local landfill abatement activities; and WHEREAS, Anoka County has applied for and expects to recei�ie Metropolitan Council funds allocated to Anoka County pursuant to Minn. Stat. § 473.8441, Subd. 5(c), to be distributed using a performance based funding formula for local recycling and composting programs; and WHEREAS, the County wishes to assist the Municipality in mee4ing recycling goals set forth in the Anoka County Solid Waste Master Plan; and - WHEREAS, the parties are authorized and empowered ta enter into �this Agreement pursuant to Minn. Stat. Sections 471.59 and 473.611, Subd. 7. NOW, 7HEREFORE, in conside�ation of the mutual covenants an�� promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for c��operation between the County and the Municipality to implement recycling and yard waste comp�osting programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 1990 thro�ugh December 31, 1990, unless eartier terminated as provided herein. 3. PROGRAM. The Municipality shall perform landfill abatement activities substantially as set forth in the landfill abatement work plans attached as Exhibit 1, which a,re made a part of this Agreement. The Anoka County Administrator or his designee shall have the authority to approve modifications to Exhibit 1 as requested by the Municipality as long as the amount payable under this Agreement for eligible activities set forth in Exhibit 1 does not exceed the proje�ct maximum established pursuant to Section 6 of this Agreement. 4. REPORTING. The Municipality shall submit the following repc�rts semiannually to the County no later than July 20, 1990 and January 20, t991: A. An accounting of the amount of waste which has been d'nierted from landfills as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For community yard was�te prog�ams, an estimate shall be provided of the number of cubic yards or tons of y��rd waste brought to a composting site, together with a description of the methodology used for calculations. For recycling programs, documentation shall be provided showing the number of tons of (i � each recyciable material which has been collected and the number of tons of each recyciable material which has been marketed. For recycling progrFims run by other persons or entities, the Municipality shall also provide documentation showirig that the materials were recycied by the Municipality's residents. - B. Info�mation regarding any revenue received from sources ��ther than the County for landfill abatement activities set forth in Exhibit 1. The Municipality agrees to tumish the County with additional reports in lform and at hequencies requested by the County for financial evaluation, program management purposes, and reporting to the Metropolitan Council. 5. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices to the County fo� abatement activities no later than January 20, 1991. Costs not billed by January 20, 1991 will not be eligible for funding. The invoices shall be paid in accordarice with standard County procedures, subject to the approval of the Anoka County Board of Commis;sioners. 6. ELIGIBILtTY FOR FUNDS. The Municipality is entitled to receive reimbursement tor eligible expenses, 4ess revenues or other reimbursement received, for activities list�ed in Exhibit 1 up to the project maximum as computed below, which shall not exceed $127,930.00. The actual project maximum for eligible expenses listed in Exhibit 1 shall be computed as foll��ws: A. A base amount of 54,000.00 for implementation of a resiiiential recycling program as set forth in Exhibit 1; ' B. Up to $66,240.00 at the rate of $40.00 per ton of resiciential materials recycled between January 1, 1990 and December 31, 1990, by the Municipality or other community programs, drop-off centers or redemption centers to the extent tha4 the Municipality provides documentation acceptabte to the County that the �ecycled mF�terials were recycled by residents of the Municipality; and C. Supplemental monies as follows: • A$5 per househotd grant ot up to $54,690.00 tor enhancement or p�omotion of a residential recycling program set forth in Exhibit 1. Up to $3,000.00 for yard waste abatement activitiEas. The Municipality may request, and the Anoka County Administ�ator or his designee may app�ove in his or her discretion, changes in the line items set forth in said budge�t so long as the project ma�cimum computed as set forth in this Section 6 is not exceeded. If landfill surcharge monies, Metropolitan Council Grant monies, and otheir monies collected by the County and atlocated to cities and townships for local landfil! abatement activities are inadequate to meet the County's allocation to the Municipality under this Agreement, th�e County may reduce the maximum amount reimbursable under this Ag�eement after giving rnRitten niotice to the Municipality. 7. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the county and the State of Minnesota. In axordance with Minn. �� 8C Stat. § 471.59, Subd. 3, the Municipal'rty shall maintain strict accourrtability c�f ail funds and maintain records of all receipts and disbursements. Such �ecords and accounts shall be maintained in a form which will permit the Vacing of funds and program income to flnal expenditur�a. The Municipality shall maintain records sutficient to �eflect that all funds �eceived under this Agree►ment were expended in accordance with Minn. Stat. § 115A.919 and Minn. Stat. § 473.8441 f��r recycling/yard waste composting/was#e reduction landfill abatement purposes. The Municipality sFiall also maintain records of the quantities of materials recycled or composted. All records and accounts shall be retained as provided by law, but in no event for a period of less than three years from th�e last receipt of payment f�om the County pursuant to this Agreement. 8. AUDIT. Pu�suant to Minn. Stat. § 168.06, Subd. 4, the Municipal'rty shall allow the County or other persons or agencies authorized by the County, Metropolitan C��uncil and the State of Minnesota, including the Legislative Auditor or the State Auditor, acces:> to the records of the Municipality at reasonable hours, including all books, reco�ds, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the AgreemE�nt, for purposes of audit. In addition, the County shall have access to the project site(s), 'rf any, at re�asonable hours. 9. GENERAL PROVISIONS A. In perfor�ning the provisions of this Agreement, both partiies agree to comply wfth all applicable federal, state or local laws, ordinances, rules, regulations or standards estab{ished by any agency or special governmental unit whirh are now or hereafter promulgated insofa� as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall oomply with all applicable requirernents of the Metropolitan Council for the use of funds provided to the Municipality by the County under this Agreement. B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment �ights in, participation in, be deniied the benefits of, or be othervvise subjected to unlawful discrimination under any pro�gram, service or activity hereunder. The Municipality agrees to take affirmative action� so that applicants and employees are Veated equally with respect to the following: employment, upgrading, demotion, transfer, recn,itment, layoff, termination, selection for training, rates of pay, and othe� forms of compensation. The Municipality further agrees to take affirmative action to include the participation of women and minority business enterprises (W/MBE) in the performance of this Agreement, whereve� possible. The Municiipality agrees to obtain a Metropolitan Council list of W/MBE's and to make a good faith effort to include participate by W/MBE's and to make a good faith effort to include particip��tion by W/MBE's for any contract to be let in performing the activities contemplated by thiis Agreement. C. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcoMractors perform fully the terms ��f the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. D. The Municipality agrees that the Municipality's employ�ees and subcontractor's employees who fall within any job cfassification established and pub{ished by the Minnesota -3- 8D Department of Labor 8 Industry shall be paid, at a minimum� the prevailing wages rates as oertified by said Department. Each Municipality and subcontracto!r performing work on a public project shall post on the project the applicable prevailing wage rates and hourly basic rates of pay for the County or area within which the project is beiiig performed, including the eifective date of any changes thereof, in at least one con,spicuous place for the information of the employees working on the project. The infonmation so posted shali include a breakdown of contributions for heaith and wetfare beniefits, vacation benefits, pension beneflts and any other economic benefit required to be �aid. E. ft is understood and agreed that the eMire Agreement is a�rrtained herein and that this Agreement supersedes all oral and written agreements and n�Bgotiations between the parties relating to the subject matter hereof. F. Any amendments, alterations, variations, modifications, or w�aivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. G. Contracts let and purchases made under this Agreemenit shall be made by the Municipality in conformance with all applicable laws, rules, and re�gulations. H, The provisions of this Agreement a�e severable. If s�ny paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to Iaw, such decision shall not affect the remaining porti�on of this Agreement. 10. PUBLICATION. The Municipality shall acknowledge the financial �3ssistance of the County and the Metropolitan Council on all promotional materials, reports and publications relating to the activities described in Exhibit 1. 11. INDEMNIFICATION. The County agrees to indemnify, defend, a.nd hold the Municipality harmless ftom all claims, demands, and causes of action of any kind or chairacter, including the cost of defense thereof, resulting trom the acts or omissions of its public a�fficials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County ha�mless from all claims, demands, and causes of action of any kind or character, including the �cost of defense thereof, resulting from the acts or omissions of its public o�cials, officers, agents, employees, and contractors relating to activities pe�formed by the Municipality unde� this Agreement. The provisions of this subdivision shatl survive the termination or expi�ation of the term of this Agreement. 12. TERMINATION. This Agreement may be temninated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than sevEm (� days written notice, delivered by mail o� in person to the other party, speciiying the date of termilnation. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Mu�nicipal'ity for the purpose of a landfill abatement program approved by the County. -4- IN WITNESS WHEREOF, the parties hereunto set their hands as of the datE;s written below: COUNTY OF ANOKA ey: Dan Erhart, Chairman Anoka County Board of Commissioners Date: ATTEST: John "Jay" McLinden County Administrator Date: Approved as to form and legality: Assistant County Attorney CIT'Y OF FRIDLEY By: Name: Title: -5- Date: Municipality's C�lerk Date: Approved as to form ��nd legality; C•1 � LANDFILL ABATEMENT ACTIVITIES WORK PLAN �OR ANOKA �:OUNTY IN 1990 City/Townahip F r i d 1 e y Plhone 5 7 1- 3 4 5 0 Addreas 1i431 Universitv Avenue N.E. _�P 55432 Contact Person L i s a C am v b e 11 DESCRIPTION OF ABATEMENT ACTiVITIES RESIDENTIAL "Fridav in Fridlev" Curbside Recvcling Program Collection of newspaper, glass, cans, and corrugF►ted card- board occurrs twice a month in Area 1 and Area 2„ :..- 8F DroF-off redemntion center. Acceptable material:� include: plastics, cans, glass, newpaper, and corrugated c:ardboard. Curbside Hauler s n � e r c v c i e, I n c. Cost Per House �t 8 4/ t o n Frequency Tw i c e a m o n t h Container Type F' a p e r b a g s Dropoff Address 3 s o 7 l s t A v e n u e x. E. Days/Hours T u e:, .- s a t. 9 a m - s pm YARD WASTE COMPOSTING Yard wa�ce Transfer Site. . This site is available to resident at no cost. Residents may di.spose of an unlimited amount of yard waste at this site. The ��ard waste is transfered to the Anoka County Bunker Hill compost site as needed. Collection Hauler Cost Per House Containers Used Yes No From � 3 - 2 7-5►0 to � 1 - 3 � -90 DfOPOif COSt 54 .88 ner cubic vard CITY HALL PROGRAM _ White office paper is picked up by Aaga�rd Sanitation. Newspaper, cans, and glass are recycled by an employee group called the Sunshine Club. These materials are brought to the drop-off c:enter mentioned above. COMMERCIAUINDUSTRIAL -1- DESCRIPTION OF PUBUC EDUCATION AND PROMOTION PROGRA.MS A direct mail of the curbside recyclint� program brochure is mailed out in August of each year. Staff participates in special events. A pilot project for containers has been completed. A citizen survey vill be completed and a waste reduction handout will be developed. Promotion Methods: (Please indicate how often) Newspaper 4- 5 �X per year Newsletter 4 X ner year 8peciai Mailings 1 X per Year Other SUPPLEMENTAL MONIES =S PER HOUSEHOLD TOTAL $ 54,960 to be spent on a citizen survey, possibly on containers or oth�: activities �scociated with the City's Solid Waste Program to include contract service �a�aents. DROPOFF GRANT $5,000 to be used for YARD WASTE �3RANT $3,000 to be used fo� to pav for vart of tlhe cost of transferring the yard waste from the City site to Bunker Hill. -2- 8G BUDGET ESTiMATED FOR THE YEAR 19�90 Rec_ Curbside coilecGon contract total Cost per month $ s, 04 o X 12 months = Containers: Number _7_, o0o s e t sX t s. 24 Price DfOPOif S@NiC@ COSi Cost per month $ X 12 months Site Preparation/Maintenance - Recyclabie Dropott Equipment (Specity) Yard Waste Collection senrice contract Cost per month S X months Dropoif site senrice Cost per month S 3, soo X s months Equipment (Specify) Front end loader Promotion - Number of mailings � � Postage g � ,500 Printing S 900 Sa1arv of Recycling Coordinator: 1/1/90 to 12/31/90 % of time spent recyding 859 Salaries of Other Empioyees: 1/1 /90 to 12/31 /90 Position 96 of time Position % of �me Position 96 of time Other (List) Revenue trom sale of recydables, grants or from any community group TOTAL ESTIMATED COST SUBTOTAL MINUS REVENUE •3- SUBTOTItL 8H b�o,4so 12'7,680 (proposed,not approved 28�000 1,500 900 24 , 753 _ $ 182 „840 * Revenue = 77,753 in City contributions and 127,930 in County Engineenng Sewe� Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager ��r� PW90-191 FROM: John G. Flora, �Public Works Director � Mark A. Winson, Asst. Public Works Direct,or � dfG- - S /! -y'' DATE: May 15, 1990 BIIBJECT: Change Order No. 1- Flanery Park Shelter lProject No. 206 Attached is Change Order No. 1 for the Flanery Park Shelter in the amount of $2,550.00. This change order reflects upgrading the color of the burnished block exterior, provid�Lng additional insulation for the block walls and supplying elect:rical fixtures for the shelter. The contract documents erroneous�ly stated that the electrical fixtures would be provided by the o��ner. Recommend the City Council approve Change Order No„ 1 for Project No. 206 in the amount of $2,550.00, bringing the total for this project to $79,311.00. JGF/MAW/kn Attachment �� J � FWIX.EY CITY OF FRIDLEY BNCiINEERINa DEPARTMENT 6431 IINIVERSITY lIVE. � �T.E. FAIDLEY, MN 55432 May 21, 1990 Karlen Construction 901 - 125th Ave., N.E. Blaine, rIlJ 55434 SUBJECT: Change Order No. 1, Flanery Park Shelter Project No. 206 Gentlemen: You are hereby ordered, authorized, and instructEad to modify your contract for Flanery Park Shelter Project No. 2�06 by adding the following work: Additions: 1. 2. TEM APPROX. 4UANTITY �RICE Provide & install electrical fixtures Upgrade burnished block to "Autumn Tan" 1 Lump Sum 1 Lwnp Sum AMOUNT $1,850.00 400.00 3. Insulate block walls with styrene 1 Lump Sum 300.00 TOTAL ADDITIONS - CHANGE ORDER NO. 1. �� ...52,550.00 TOTAL CHANGE ORDERS: Original Contract amount . . . . . . . . . „ . . $76,761.00 Contract Additions - Change Order No. 1.., .. 2.550.00 REVISED CONTRACT AMOIINT�� . . $79,311.00 Submitted and approved by John G. Flora, Public W��rks Director, on the 21st day of )qay, 1990. by �GC��,..r,,_ . by %' G. Flora, P.E. rector of Pul�lic Works . � Karlen Construction Page Two Chanqe Order No. 1 May 21, 1990 . � Approved and accepted this �% day of , 1990, by ' CONSTRIICTIO;T _ �� Gl n Karlen, �csEde�� .fttlJ7�t.�� Approved and accepted this day of , 1990, by CITY OF FRIDLEY William J. Nee, Ma�Yor William W. Burns, iCity Manager FIRE DEPARTMENT MEMORANDIIM 90-5-6 MEMO TO: WILLIAM W. BIIRNS, CITY MANAGER� ��p FROM: ROBERT D. ALDRICH, FIRE CHIEF DATE: MAY 17� 1990 SOBJECT: FIRE DEPARTMENT SPECIFICATION FD 90-:L At the pre-contract meeting with the representativ�e of Boardman Fire Apparatus we determined that a pumper compartment heat shield had not been provided. We had not included a heat shield in the specifications. Most all manufacturers of fire equipment in the northern si:ates included heat shields as standard equipment. Boardman is a:southern state manufacturer and does not include this item in thei:r base bid. Cost of this item is $908.00. I recommend the City Council approve this change order. New contract amount is then $206,322. RDA/ss Attachment 10 10A CITY OF FRZDLEY � FIRE DEPARTMENT 6431 IINIVERSITY AVE. N.E. FRIDLEY, 1�1 55432 May 17, 1990 Boardman Fire Equipment 1401 SW llth St. Oklahoma City, OK 73108 SUBJECT: CHANGE ORDER # 1- SPECIFICATION FD 90-1 Gentlemen: Your are hereby ordered, authorized, and instructed to modify your contract for the 1250 GPM Pumper/Tower by adding the following work: Addition• ITEM UNIT �►MOUNT 1-Removable Heat Shield Lump Sum ;t 908.00 Under Pump Compartment TOTAL ADDITIONS . . . . .;i 908.00 Original Contract Amount. . . . . . . . . . .;i205,414.00 Contract Additions - Change Order No. 1...;i 908.00 REVISED CONTRACT AMOIINT �i206,322.00 Submitted and approved by Robert D. 17th day of May, 1990. ��.e-{-t C��.�c�l� P pared by Aldrich, Fire Chief, on the Checked by � ��-`��..t l Ro ert D. Aldric:h, Fire Chief Boardman Fire Equipment Change Order #1 Page Two May 17, 1990 1 : Approved and accepted this day of , 1990 by BOARDMAN FIRE ES�IIIPMENT Mel Lomax, Sale�> Manager Approved and accepted this day of CITY OF FRIDLEY , 1990, William J. Nee, Mayor William W. Burn:�, City Manager 11 � FOR CONCURRENCE BY THE CITY COUNCIL LZCBN88B �j� May 21, 1990 Type of License: By: Approved 6!�: CHARITABLE GAMBLING Joe DiMaggio's Sports Bar George Vespa James P.Hi'Il 1298 E. Moore Lake Dr. Public SafE�ty Director Fridley,Mn. 55432 CIGARETTE Fireside Rice Bowl Oliver Tam ' " 1160 Fireside Dr. N.E. Fridley, Mn. 55432 FMC Corp. Service Am.Corp. " 4800 E. River Rd. Fridley, Mn. 55432 Onan Corp. " " " 1400 - 73rd Ave.N.E. Fridley, Mn. 55432 Service America Corp. Same " 7490 Central Ave.N.E. Fridley, Mn. 55432 Stuart Anderson Cattle Co. Service Am.Corp. " 5695 University Ave.N.E. Fridley, Mn. 55432 FOOD ESTABLISHMENT Childrens World Same 5310 Monroe St. N.E. Fridley, Mn. 55421 Fireside Rice Bowl Oliver Tam 1160 Fireside Dr. N.E, Fridley, Ptn. 55432 FMC Naval Systems Div. Service Am.Corp. 4800 E. River Rd. Fridley, Mn. 55421 Imperial Pizza 41TW Enterprises, Inc. 6530 E. RTVer Rd. Fridley, Mn. 55432 McDonald's Mark Wheeldon 8100 University Ave.N.E. Fridley, Mn. 55432 � �� \ � Fees: $300.00 $12.00 $60.00 $60.00 $12.00 $12.00 $45.00 $45.00 $45.00 $45.00 $45.00 � FOR CONCURRENCE BY THE CITY COUIJCIL �� May 21, 1990 FOOD ESTABLISHMENT CONT. Onan Corp. Service Am. Corp. 1400 - 73rd Ave. PJ.E. Fridley, Mn. 55432 Service America Corp. Same 7490 Central Ave. N.E. Fridley, Mn. 55432 Target Northern Operations Center New Horizon Foods 6499 University Ave. P�.E. Fridley, Mn. 55432 Pizza Hut Arnold Wheeler 255 - 57th Ave.N.E. Fridley,Mn. 55432 FOOD VEHICLE Service America Corp. Same 7490 Central Ave.N.E. Fridley,Mn. 55432 JUNK YARD LICEN8E8 Page 2 Central Auto Parts No.Inc. Roger Christenson James P. Hiill 1201 - 732 Ave. N.E. Public SafE�ty Director Fridley, Mn. 55432 Sam's Auto Parts Stanley E. Giddings " 1240 -73z Ave.N.E. Fridley,hln. 55432 PEDDLER Teens Against Drugs Inc. Omar A. Ibrahim " 65 - 22nd Ave.N.E. #122 Mpls. P1n. 55418 ON SALE BEER Pizza Hut Arnold Wheeler " 255 - 5.7th Ave.N.E. Fridley, Mn. 55432 REFUSE HAULER Ace Solid Waste Mgt.Inc. Dean 0. Warden 3118 - 162nd Lane N.W. Andover, �1n. 55304 12A $45.00 $45.00 $45.00 $45.00 $110.00 $350.00 " " $350.00 " " $60.00 " " •$�25.00 $60.00 FOR CONCURRENCE BY THE CITY COUNCZL MAY 21, 1990 Blacktoppinc National Sealcoat Co. 8085 Garfield Street N.E. Minneapolis, NIIJ 55432 By: Wm Richards Northern Asphalt Construction Inc. 11064 Raddison Road N.E. Minneapolis, NIN 55434 By: Gerhard Larson Electrical Marsh Heating & Air Conditioning 6248 Lakeland Avenue North Brooklyn Park, MN 55428 By: Jim Billiard 12C LICENSES 1Darrel Clark �Chief Bldg Ofcl Same �State of Minn Gas Services Advanced Mechanical Contractor 7805 Beech Street N.E. Clyde Wiley Fridley, MN 55432 By: Maynard Edson Bldg/Mech Insp. Air One Mechanical Company 6317 Welcome Avenue North, #6 Brooklyn Park, MN 55429 By: Sam Breno Marsh Heating & Air Conditioning 6248 Lakeland Avenue No Brooklyn Park, l�t 55428 By: Larry Marsh P & D Mechanical Contracting 4629 - 41st Avenue North Robbinsdale, MN 55411 By: James Daugherty General Contractor American Handyman Can Inc. 1202 Hathaway Lane N.E. Fridley, MN 55432 D & R Construction Co. 2710 - 9th Lane, #307 Anoka, MN 55303 Dolphin Pool & Spa 3405 North Highway 169 Plymouth, MN 55441 By: Mike Walsh By: Rick Nemec By: H.Blumenberg DuAll Service Contractors, Inc. 636 - 39th Avenue N.E. Columbia Heights, MN 55421 By: Gary Dooner � Same Same Same Darrel Clark Chief Bldg Ofcl Same Same Same Karlen Construction 901 - 125th Avenue N.E. Blaine, MN 55434 By: Ursula Karlen Kranz, William Construction Inc. 8424 Noble Avenue North Brooklyn Park, l�i 55443 By: William Kranz Marcy, K.G. Construction Co. 2813 Bryant Avenue South Minneapolis, MN 55408 By: Kenneth Marcy Metal Systems, Inc. 7410 West 114th Street Bloomington, MN 55438 By: Georqe Williams Minn Rusco Ins. 7429 Washington Avenue South Edina, MN 55435 By: Mel Hazelwood Northwest Garage Builders 2115 - 21st Avenue South Minneapolis, MN 55404 Seviola Construction Co. 10580 President Drive Blaine, MN 55434 Sowles, L. H. Company 2813 Bryant Avenue South Minneapolis, MN 55408 by: John Nash Heatina Advanced Mechanical Contractor 7805 Beech Street N.E. Fridley, MN 55432 Air One Mechanical Company 6317 Welcome Avenue No, #6 Brooklyn Park, MN 55429 Airco Heating & Air Cond. 4014 Central Avenue N.E. Columbia Heights, IrIN 55421 By: John Seviola By: Gary Lewerer By: Maynard Edson By: Sam Breno By: Geo Rogstad Commercial Air Conditioning Inc. 2200 Niagara Lane Plymouth, MN 55447 By: Stephen Quade 12D Same Same Same Same Same Same Same Same iClyde Wiley lBldg/Mech Insp. Same �Clyde Wiley :Bldg/Mech Insp Efficient Air Control, Htg. & A/C 1818 - 117th Avenue N.W. Coon Rapids, MN 55433 By: William Sandager Same Same Maple Grove Heating & A/C Inc. 8870 Zealand Avenue North Brooklyn Park, I�1 55445 By: Stephen MacDonal�3 Marsh Heating & Air Conditioning 6248 Lakeland Avenue North Brooklyn Park, NIId 55428 By: Larry Marsh Northwest Sheetmetal Co of St. Paul 2136 Wabash Avenue St. Paul, MN 55114 By: Rodney Albers 12E Same Same Same Masonry Ronald Pearson Masonry Inc. 741 Kennaston Drive 1Darrel Clark Fridley, MN 55432 By: Sharon Pearson +Chief Bldg Ofcl Fireplace Construction Company 15117 Scenic Heights Road Eden Prairie, MN 55344 Plumbinc GusCo Plumbing Inc. 4506 Ewing Avenue North Robbinsdale, NIId 55422 Minnesota Backflow, Inc. 2500 NE Jefferson Street Minneapolis, MN 55418 By: Mark Mosman Same By: Gene Gustafson ;State of Minn By: Arthur Thompson P & D Mechanical Contracting 4629 - 41st Avenue North Robbinsdale, MN 55411 By: James Daugherty Twin City Lindsay Inc. ?329 Washington Avenue S Edina, 1rIIJ 55435 Welter & Blaylock, Inc. 819 West 106th Street Bloomington, MN 55420 Roofinc Blix Construction Co. 7019 McCauley Avenue So Edina, MN 55439 Viking Home Improvement Co. 4832 - 2 1/2 Street N.E. Minneapolis, MN 55421 By: R. Pinkerton By: William Yetzer By: Rolf Blix By: Lloyd Merrell Same Same Same Same Darrel Clark Chief Bldg Ofcl Same �= CITY OF FRlDLEY 13 FOR CONCIIRRENCE BY THE CZTY COIINCIL l�LAY 21, 19 9 0 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of March, 1990 HNTB 6700 France Avenue South Surte 260 Minneapolis, NIId 55435 ESTIMATES . . . $ 8,112.00 Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . $ 1,339.10 Gammon Brothers, Inc. 13845 Northdale Boulevard Rogers, MN 55374 Street Improvement Project No. ST. 1989 - 1& 2 Estimate No. 14 . . . . . . . . . . . . . . $ 17,928.20 Lindahl & Carlson 1821 University Avenue, #N318 St. Paul, MN 55104 1990 Miscellaneous Concrete Curb, Gutter & Sidewalk Project Estimate No. 1 . . . . . . . . . . . . . . . $ 4, 276. 71 Walbon Lawn Maintenance 3225 Skycroft Drive St. Anthony, MN 55418 Corridor Maintenance Project No. 199 Estimate No. 1 . . . . . . . . . . . . . . . $ 4, 342.86