The URL can be used to link to this page

07/23/1990 - 5125.. - .. °, � �� y : _ . . . . . . . . _ ��.:. . : . . . � y.t •;; - � . � ... - 'k Fi t � . � . .. � � � . Y fi 1L �� . � .. y}i- S fi;. - � � � . � , t:' � tf � . " . � . i- � „- f e : � ='. C � � .�� 3 V 3 4 �Y e oFrsc� arri coouc=L �sx�► CO�TL �EET� • � ; 2 , � ` ' :� .TtiI+Y 33 i 1990 x - - �> , � c. � w'. . �� P: # . . ; � �j� „'_F . . ' �. 3 "�*i:;t �. • " . . �ti" 4 A : . . , �; Fa$ �. �!' . . . � . L �H Y��. � ' �`.. . . • � c t a ',�" � �� a. � ' j" . . . . _ Ei`j Y.:'S. ) 9 - � . " . , f. +�.�n h .% y . . . . � � - ,�'� 4 � � � '� �r _�� >-'� �� ` k x y''° d ,, : ,� '� ,. F �:. r �., � � � � .�x ;�� - � F �i�x.. `: Y �3 � x� ti . , . . ,.-.� �, _ � �� y � . . _ . s� 1_.�, .;._.. . .. � � � dy,�h ��$ _ � . . . . � R'�'. � " � k _ � x�, rx � � �d f { F . � � � � . '�€ l-.� . � � �':�; dr`�f ''s ' . �. � �` ,• 3 � � . ;:s s'.��'� � - . . � .. � . '' z � � r ;. * ,a� � . . . . �� ,( f�, . . . . � � � �� .�, . . . � . £ ,: 4 :'S . . ' �� d ;� �':s j' � � . . ' . . � �. ! -"� y . f c3�.::� ut�. ��s#3 Wl45kY1 �� FRIDLBY CZTY COII�CIL li8$TINQ ATTENDENCE SHEET MONDAY , July 23 , 1990 7:30 P.M. LEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN RINT NAME (CLEARLY) �?a=�`-��yL ADDRESS ITEM NUMBER ov�-� - /� �i� , ,�,�.,� �� v-�e.P� ��7 �� L_.��.�/�,� �l./ S �� L� �ic� �i�vr� , �� a��-�-. �OU�C � �� G��v' G� � ' �'� Q� , i C�ti ,�- . � � �� j�� C,'. �'�� fi��.a ��re1�-c�c� ' ��,��- �u�� n , �--, �� r �v C�� 7 3 � o%�l G��' - ��a ��i �'�. ��— ��-. rs7 � ��''� �.v ze .�d /� � ° �. /�o y Gv� � �� ..._ yr� �l �= i �o� - � � � � ti� ,� �.��e ��_ ��.�� -� ��% ��'� �`�� G� �� i�� , ��-d7r°�,P.��..��oG �%r �r��'i�� C��,ee�. � �- � �-��-.a�... C�.n, , ( 3 9� �.��,�i-� / tiv� �C/ �� /a � �°�� 9 � �ir��l"� � �� F � 3�3 � (�PG�u�"�� '�?�� .u�� . � � J� � �D 7' '-�=�'Q' ar ` ° [ , � � � � ��-�-�-. �� ` �' . � �-a� �.� �,�� Z�, �-�ai Q� ��- � s-�s/1/��-� �-- �/ f � �� `�� G�� '� �35G-G��I� � �O l�l � ��1d�1 �Q� � , lo �S � (�C�� ` /�az l�c�/I�er s�' �. U � ` -�2�� .: ,� u `' ,, ,, �svS � s �(s � �-�22.r�.Q u��e. �� e< << �� o � ��—c ��1 �� a�P� G ,�-e�-�. �j�1e �'�a/ �,�� U��, :! S� �01Z,e/!'/^ � �°��. `�/'��'�r // �' •• // /� ii li �� / l ( � 1 �� H GG 4 L �. .. � , < << �{ �, rr rr V �{' t,L �Y�, t � �� , � ._ , . . : , � ' , � ; ' ; , � i __ a ; , Qif�'P' ! , � . . _ ; . _ , :_ _ � , , � - � - _ _.. , , � _ , _� : ; . _ . , , , . , , _ , ; . . - , , . , �� , � � , ;� � � ., , - , � . ; , _ � �� , i ,� �,� . _ � ��.� ---- : � � . : ' ' � :' � '� � .? F .� �' ... y_ .. � �. ... - , t i _� ' � �, c�a s� � � l C� �b'�i _ � a' �^^,e 1 ' �'v; t a ' 1; �': �� b � � �, �,. � c� � �' 1 . _ , . . . . � , � . �9R� r � i��' � e,��-r ; ,1�� J ��'�-�-; ��` � �- . _ ; ' II F = oA �`'� r , r'� � ,� I . . � . � � . `/ . ,. : � , /�ai r� ; ; ' .b3;�'/ ' /�i�7�u� ',:,5�: /`�% £":. ! . r ll , -� :�a � -; � I� �� ,/��s� f�, rt� � � , �i , ' __--� .��~ � , . , _ , . 6� ��' � - - � � . _ - _ _ ; � . ._ , �.-I -----�:.f ,. , L��;.4 ''i '�c��'� �,�� y�/,. . . �'; ;/7.I��-"CO�� `'C.:_ �i.. _.,_, _ . t.. i ,. , _. ;_ _.. .. � � , . . � �. � �fi/� I . _ � 1i� /� ,1 ov^7 �G :C J : . /,� �,5 - � ��i l �;N'o r_y?',� �t � I?�/��ri _ l I . ; ; __f __ . � �� , , . , . , � , , ` ; / ��/`/-; ( �.�` �� ; _ _ i - r�e .� � ,�� .. , � � �� C�-r��; . _fi.__ _ � . _ � :� , � : � �, _� � � � �,,� o�� , , . � ._ _ __ __ � _, _ � . . , r : _+. � � ' �� ' , i; ' � I ��--r � �� ' . S C� . -,, , � . � � ,�,�� : _ ._. .- � �� f . �-- - � `' , ' I � ' � ;�; %�%' l' , ; � . . ,_ i , � ; � _ � ' ' y ; _�O � �-c - � � r 2� �j , - ; � : i,s ; ' �; , ' ; � , x , _ ' � , �, � �� , � _ ; � , : � � .� , ; , � ; ! � , . , � �.t�� . �� --- . ; , : _ � //�U �, 1�;�= .�,�� ' ��'�� "1��, �� - �� `/�: � ; { i � � ' 3 �_ �:� , . ; � 9-u _ � ._� .�1.,{�.�.,,--- � ✓ � � 6 ': � ' ; � ; � � � t , `� ?� ��: i � ; � � , , � � ��.��{ � '� ! �� t_� ,_ �`y , - : . , � I ' �� . _ . ; � - � �' , * , i � , � � � � I � ; � , ! I , ; : , , , , , � � � � , � � ; , ; ; _ ; ; � ,� +- _ - �- , , ,_ ; ; ,_ i f , , , , , i ! , , , I � 1 ,� _ � . ; , � � � � , , � _ ; � - � ; : , _: ; ---, �-- r � • i_ _� _ j i i � i i, I , � �� _ ; ' - ' � '; . ; ; ;_ _ r _ ; t_ _ I � , , , ,. . , , • � ', i ' � ' � ; , ; . : . , ,. , . . , , , - , , , � _ � I � . , } � , ' ' ' I ' { , � ;- . , _ ' i . _ l - - , , , . .. __. , _ . _._._ _ _, _ . . . , , : � , , � , . ; , ; , � 1 --+-_ . _ . i , , , i _ ! , , :_ , ; ; , _ ; _ . ._ i � . , ; , , --: : , _, . ; ; , ._ . .__, . _, _ .. , i , ' , i � , , , , . ' ; , ; . , . , , , i . , . _ . _ ,. .. ,. - � I ; ' i , , , : ' ; �_ � . _. ,. , , _ . , , . _ _ : _ _, _ , i , , _. ____ , . , ' I , , , i � � . _ , � . . j . , � , i--. i a _ i . _ . � _ _ _ . � ; ' i i ' , , . , — , _ . j _ , , , . : , , . , . ; , _ , _ . j . I ' ' � ; � � � � � � r � � � � I 1 : � , , ; , , , ; , : � ; . ; ; _ _ _, ; , _ . _ . _. . , . . _ _ . , :. � , , ' , i ' j ! ' ' � i , i ; � ; i , i ; ; I , • ; _ _ _ , ._ f-- , , , . , , , ' ' , ' , , , , , , , ; , _ . ; . , : .. ; , , , ' ,, ' _�; _ _ . ; ; . ; _ �, _ _ � , , , . , , , . . 1_ , , � , _ , - , , , _ , , : , _ . : , : , _ , , ._ , : , , , , , , ', I, , , , , , ; , , , , , � , , , , , , , ; , , _, , : , , � , ; , < , , , _ . . , , , , _ i � � + .. � �... .�_ t _.. .. _ __f_ j .__� .y ._. ..�. . _{ .._ +__�_ _. . , .._ _ � � I t i � � I i �_ � , , � I 1 � ; { I 1 _ t , i , _ � i � � � � ' I __ I ( 1 �— —� � t ' � _ 1 i � � _ ' ,_ � � � , i , � � i t � , � � � r — • -- � ;— , - — — f � � � I ' ) I i t � i � �� i I I i i ; I � � _ _-�____ '. : r I___ I_ _ �_ �'__ '_'__j_ __ i__'t "�_ _ j _ j. __._.� , _�_ �___. � ; _ � � i � , i i � � � 1 � i � i i i ; � i � i t ; � � ' I . } __ �_ � _ 1 i a } - } + fi_ _ .y j__.. ____�__ . --_r ,__ }_ i- -+ i -.� j - - -.. � � ,I i I _ � � � +_ i ' ' I ' _t I ' I t '� ' ' � I__ � t � _ � _ ! + - �--- _� _ �-_ , -i - - -+ 'r- _-! _ _4_ _ i _ ; � -__.� _ � __ ,. _ � � � � � � ! � � � � ( � � � � �i , , , ; i � i I i I i • . � i t I � f_ � i_ � � i � �_.. , r_ + j_ _ � __ — +___� _-f _ } � _ � l _ t___ i � ; j � � I I I I i � I i I ' ! � ( ' � � . __ F 1_ r � i_ _ i._.. � _ � � _ � «_ i _G- I — � - _I_ _ � __ � 1- - i_ � _ i � i , � � � ; � �' ' � � I � � � , , , ; � ; � ti , ; � � , _ ; , : : _ , _; ; , _ �_ � _ _ ; _ _ __; _ ; _ . , a �. � , , � � ; I � i I;,,� �� i� � f ` � f ' ! � � � 1_ I : � , ; I I ' I i , I I _, 1 f � , ' ' i i � r �_ F . t r i- t_ _ , h_ _..! �__ , i � i ; � i � � � f � , i i � � t � � � , i i � i � � i , , , , � � � ; � � ' i � , + . i � - � ' , __.., +- ....j ___ i � ; � j i � � � � i I i ' i i j i � � , f , t � , r : � � _r i --_� ..__ , , . , ; _. ;_ , ___ , . T —{ ' r � , -_ ,_. � � � I ; i i- i--- i ; , � � , � � ; { , ; ; , , � ; � � f , i � �_ _ _ � � ,-_. � � ' i � __ i_ + i �—fi � _ � , _ j } j �_ � _.� t___� , � I _ � � _ �� _— , , ,_ _ -� � � - �-� ! , C. ; � � � ; � I � ; , ' � � ' + ', '_ * } ' i ' � i � .-_. a__ . . __ .. .;_ � ..__ �____ 1 _ _ ____..r _._ . _ _.. _ _ ___.___.i � � , � r . _ . ..r_ � _ _ . �. .� f.._._�_-__ � i ' -,__._. ..:__ ' _...!_ f .___ � ,_._. , a.. L__._. ___�__ __._ _ �___ �_..._ .. _ _ . . ___. .._t_.._ i__._.._ � � � � I _t. ' � 7. i .j-_ i _� I I � � � i i ' ' � ; i � : j I , � � i . , �. i � t i I • � � I � .. ._-•---_ � . � .. y ._. . �. 1..____ ' ._.. ...._. _' _..�-_ . _"_ '_.. __1. __ _. .._ G I '.. ! I r .._ , ! -+- � ' � 1-. t_.. _..�.-- I � . i � I � � i.. '. . I I � I i . � I i � I I � � � i i -+--_ , 1_ _i_ �__._.. 1 _. �.. - -� ; --� - +--+ - , __ � r- _ � -- 1 �___ i __- ' ' ' ` i _ , . , ; � ; I i ___ � j � < < , � i_. � ' t � + __ i -' + -� - _ F -- _ � ' .. � ' , - - - � i i , � � _ ; , � i_ r , t. . _ � . , , , � , � , , � ; , _.._t +_ , ; , __ r i __ } ' _ _. $_ t ,__ � a 1 _ _ , l_ _-�--- , , , a , , , , , i , ! � , �, , ; ; ' ; ; , , � � , , ..._._. .__ �__... : i.. 1 7_...__. __' -1. �...___� r.... ��_ r..._- H____.I.... �. . . _4.._. . .. �_ t . . I __ i ' I � � ' I � �.' � �� j � i i 1 � I ' i ' : .t _._._ �-_ f_. ____� �+ _1 . ' + �----'- . --_ 1 .._..�_ _.. _"__ _ ._- ._ . ._ - - - � - I . i. .. ... __. _..__ , � ' ; I i I I � 4 � 1 � �' f : � I I I i .. � I � � I � i I f � __,._- L '- � __ , ...... � _._ _ � ._ _. .. . _ _ . ._ � i ,- , . � _t- t ..: �'----:- -�-- - - • ____ • _. � _j-.__ -�_...... �...__- --- � � � � I i �, ; : i ! ! I ! i i r ; ; � ', ! . , i i i i � � � � � I - -... i �._ . � . .._ ! _._ � .... . � � , .. .. .._ - --- '. .T_ _.. . ...� 7._ 1 t. � _...I ._.__ ._. .�_ f_.. .. ' .. ___._A __ .._... � `- � ; . � . � � . : I.. ' '._ : i � � I i � .. � I ' ._. � -- -...._ . _... _. -- .__ --__ - _---- �--_.. , __ ;_._ i � � I � -t t... , � � � i . f . �. ___ ._ ..__ } . }_.. . -+- . L i_. � r... � .� � � � , - - } , � � i � I � � �, '� �� 1 , � � : � � �; I � i , + — —__� �_ i- , --� ,__ _. ;_ �__ + t__ — --. _ �_ _ _ _ , - —�- - I ; � t � , � ; � � 1 � _ _ I � - �-- � t __ . � _ __ . _+_ _ -1 ' � — ' �� t � — i�--f_- - � i � ' ' � ' �� ' � � ' i ' ' I ,_ T � �_ _ - � � � � � I ��, � � ' 1 � ' I , I � - r r- + + _ ,- , - ,- ;--- a _; __i � _ r_ + � _ { r i-- I i._. I L-._ ' _ _'_. i. _".__-i �'.___ • ...._ .} �i I .._ + � .. }' i __. + �..___ I i... � _..al i ._... � _._. � � _ ' { -t . , i ". `" _. ' r__' �..... _1.., _ I I � � � � i � � � � �.' _ . } - .}�— � - - - -- i -r ' --- _.t l _ '� 1- - -r. . .. _"f____ � ' i � �. 1 � .� j � .. � i I � � � � � i j i .. . � � i � �� "_'_..j_____' ._._. .1 _ � . _._r. 1._....� .. r t t � h t _._. _t___. ___. ' '_ "_ � } . _.. . _.... 1 l � �� --+ • — • - , -+ i � � � ` , `= �-_ �I � r �_. , . � � i I � � f ...-- - � -i__. � i � _-� i— i I, i i-.__ ; j i � � , I � _.�j �__._. } — �-- , i i i ; , � � � , � i I i , ; , � � ..�. _.. , __�. , .+ i---- � ,.. . .': ._ _... . i_.- =-- . h- � . . _ _ �_ . _.,....___ ._.._. , � � � i � , , i ' ___ i .__ r__. �-_ ,... . . ,_ � . � : f._.__..i '...... 1 ..}_ ,_.__..� .__. ,. ,.... � : .._... __�r- I ____I_ __... .. t_. _.____ .__ ___.. I ! � i ' ' , . r I i j � I ( � � 1 i , ..__ i . i � , � ? : � : I � I i � '. -- f--.-.-f _.�_.. � t'._ � ..__ � 1 _-_.- *-- �--.-1- -l--__.�- . + f--.._..� .._j_--� � -- t l-- � . a � � �, . , I � i I � � i � � � � i : � . � i � 1 I - � � t_ � __ • _ � i i a �- _ •-- >--�� + - ' _ _t t _. � � ' � � ' � , � � � ! i i i i � i i � r i � ' � - _ - . _ _ _ --- � '___._ � �. . y —{ ,-. _.. �.- � . ,` j 1_ _1 � i � ' � � �._. � _ � • __..� � � � i � � i � � _, ' ( � �--,, � — � � � 4 r ___ � _ . a , __ � , � J � _ � _—�-- __ � ! � � I _ — ' ( I , � � , � , ; , i I � ' , ' ' t - ; , _ t ' - ' --I }-- ! I � _ t —�-- t —�— � ---� t-- r-- � 1--. � _ � � � I � � I t � ` i i � I i ' i � I � ,— 1 , ;. � � I � i � ' —_—�_—� _� _ t __ _ ti_ � —I— t i —�--- � +— w � � __ { , I_ 1—_ � _t _—�__— � _. _ . � � � � i _ ( � — � � '; — � ' � � � _ — 1 — _ l � � _�. � i_ _ j i � ___� _� — _ �l__-- I -i � � i � , � -�-- -�- } �� ; , f � � , , � 1 i , ; � � i i , ; ; � � � , i I � ; _ ; .,_ , _ � , J , _ } . _ } i_.__ , ; . ,. � , , _� - -� --_ __ , 1 ; � � i �� i � i � � I � j � . ; ��-- � — � r _ � _ � � —I — � --�— � -- r — � — —� � � —' , ' , � � � � � i � � .__ . _ I ` � � I I i i � , __ 1 � i � � -- t __._.� i..._ . .7__.. } .... _ , .. _ _.. ` .. _ __.. _A .. _ ___. , � 1 _, �__rt , ,_ {- I ; ' i i i i i I, i I 1; I i � I �,! �� i I� � I ( .. _- �_. � _. � � _ _i.__—�-- -- + __ •_ _ i _ -- 4Y �. . � , � ; ,. .� , _ � FRIDLEY CITY COUNCIL JIILY 23, 1990 - 7:30 p.m. PLEDGE OF ALLEGIANCE: APPROVAL OF MINIITES: City Council Meeting of July 9, 1990 ADOPTION OF AGENDA: OPEN FORIIM, VIBITORB: (Consideration of items not on agenda - 15 minutes) FRIDLEY CITY COIINCIL MEETING, JIILY 23, 1990 Paqe 2 PUBLIC BEARINQ: Issuing Revenue Bonds under the Minnesota Municipal Industrial Development Act for the Long Term Care Foundation . . . . . . . . . . . . . . . . . . . . 1 Establishing a New Tax Increment Financing District No. 11 for the Redevelopment of the Northeast Quadrant of University Avenue and Mississippi Street . . . . . . . . . . . . . . . . . . 2 - 2H ITEM 11A HEARD AT THIS TIMR. OLD BUSINESB: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning" by Amending Sections 205.17.03 and 205.18.03 . . . . . . . . . . . . . . . . . . . . . . 3 - 3D Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning" by Amending Sections 205.03.55, 205.09.05, 205.17.05, 205.18.05, and 205.22.06 . . . . . . . . . . . . . . . . . . . . . 4 - 4B FRIDLBY CiTY COONCIL MEETINQ, JIILY 23, 1990 OLD BIIBINEBS (CONTINIIED)S Paqe 3 Second Reading of an Ordinance Recodifying the Fridley City Gode, Chapter 108, Entitled nFire Prevention," by Repealing the Existing Chapter 108, in its Entirety and Adding a New Chapter 108, and Further Amending Chapter 11, Entitled "Fees" . . . . . . . . . . . . . . 5 - 5E Special Use Permit, SP #90-09, by Leffel Incorporated for Maaco Auto Painting and Bodyworks, to Allow Exterior Storage of Materials and Equipment on Lot 2, Block 4, Commerce Park, and that Part of Lot 2 Lying in Section 10-30-24, Subject to Utility and Gas Easements as Shown on Plat and Subject to any Other Easements of Record, Generally Located at 100 Osborne Road N . E . . . . . . . . . . . . . . . . . 6 - 6Q Continuation of Discussion on Issuing an On-Sale Beer License to Nicki's Tap Located at 5895 University Avenue N.E. (Tabled from City Council Meeting of July 9, 1990) . . . . . . . . . . . . . . . . . . . . . 7 NEW BIISINE88: Resolution Giving Preliminary Approval to a Project on Behalf of the Long Term Care Foundation and its Financing Under the Minnesota Municipal Industrial Development Act; Referring the Proposal to the Minnesota Department of Trade and Economic Development for Approval; and Authorizing the Preparation of Necessary Documents . . . . . . . . . . . . . . . . . 8 - 8D FR�DL$Y CITY COONCIL MEETING, JIILY 23, 1990 Page 4 NFW BIISINESS (CONTINQLD�: Resolution Relating to a Project on Behalf of the Long Term Care Foundation Under the Minnesota Municipal Industrial Development Act; Approving a Joint Powers Agreement Relating to the Issuance of Bonds by the City and Authorizing the Execution of Documents . . . . . . . . . . . . . . . . 9 - 9G Approval of Agreement Regarding a Payment by the Long Term Care Foundation in Lieu of Taxes . . . . . . . . . . . . . . 10 - 10C Receive the Minutes of the Planning � Commission Meeting of July 11, 1990 . . . . . . . . . . 11 - 11KK A. Special Use Permit, SP #90-10, by Richard Mochinski, to Allow a Lodge Facility on Lots 17 and 18, Block 2, Spring Valley, Generally Located at Rice Creek Road and Central Avenue ............ 11 - 110 ............ 11R - 11KK THIS ITEM �AS HEARD BEFORE ��OLD BIISINE88." FRIDLEY CiTY COIINC2L 1dEBTING, JIILY Z3, 1990 Paqe 5 NEW BIISIIJE88 (CONTINOED): Receive Items from the Appeals Commission Meeting of July 10, 1990 . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 1244 A. Variance, VAR #90-11, by Walter Rasmussen, to Reduce the Setback from the Bluffline Overlooking the Mississipgi River from 40 Feet to 5 Feet; to Reduce the Setback from the Normal High Water Line of the Mississippi River from 100 Feet to 40 Feet; to Increase the Maximum Allowable Total Floor Area of All Accessory Buildings from 1,400 Square Feet to 1,890 Square Feet, on Lots il and 12, Block 5, Pearson's Craigway Estates 2nd Addition, the Same Being 7806 Alden Way N.E. ......... 12 - 12T B. Variance, VAR #90-12, by James Nickow for the 5horewood Inn Restaurant, to Increase the Maximum Allowable Square Footage of a Sign from 80 Square Feet to 112 Square Feet, on Part of Lot 16, Auditor's Subdivision No. 88, the Same Being 6161 Highway 65 N.E. ........ 12U - 12QQ Approval of Animal Control Contract with Skyline Veterinary Hospital . . . . . . . . . . . 13 - 13E Receive Bids and Award Contract for Street Improvement Project No. ST. 1990 - 3 . . . . . . . . . . . . . . . . . . . 14 - 14D FRIDLEY CITY COIINCIL lLE$TING, JIILY 23� 1990 NEW BDSINEBS (CONTINIIED): Paqe 6 Receive Bids and Award Contract for Water, Sanitary Sewer, and Storm Sewer Project No. 210 . . . . . . . . . . . . . . 15 - 15C Receive Quotes and Award Contract for Monitoring Wells at Commons Park Project No. 208 . . . . . . . . . . . . . . . . . 16 - 16E � Resolution Authorizing Changes in Apgropriations for the Capital Improvement Fund . . . . . . . . . . . . . . . . . . . 17 - 17C Resolution to Advertise for Bids for Three Redwood Playstructures . . . . . . . . . . . 18 - 18C Appointment: City Employee . . . . . . . . . . . . . . 19 FRIDLBY CITY COIINCIL 1tE$TING, JIILY 23, 1990 Paqe 7 NEW BIISINE88 (CONTINQED): Claims . . . . . . . . . . . . . . . . . . . . . . . . 20 Licenses . . . . . . . . . . . . . . . . . . . . . . . 21 - 21C 0 Estimates . . . . . . . . : . . . . . . . . . . . . . . 22 - 22A �iDJOIIRN : � u=�rras o� s$�a ��s� .TQLY 9 � {k . � �. � ' 3c �. � � Y$ . . . . .. l5,1 R^ "i�i $ � � . � . . A Sy: {�n' y y � �:. � � � � - . ;`z �.-� - ` .: �' .;yR_ � I- ?` f:_ .. � �, , }'i , �_. '„`F � � � r �{�' �k3-. ++.. i.� CITY E:OUXCZL; ��i '-�` < _ � �� .. 1990 t _ , F } £� \ 1 'x' ' > �: .. . . . � ... .3 ;'.: �i . � . . . . _ � ,'. p4ti:. P-.�� `> i�yf ` � � . � l, .: ' �{ 3� 4 . . ..� . r;i. �. i . � . -. ..i .:k .A;�; � � � � TM'r S.� � � � . ,':� ...x�r� � � � ' . . �fic " ii t ;'` : � ' t .i �� ;`� , { . _ ��, �, ,. �," � - � � S � xt �: M7 ! �� F. r! 5 � �� Y r. � y ' , � � � r<.� �r*� `. . � � . . . � ,� , 4 ,, i / � l� 'Y ��_ J N :'lt Rf _ t ',� '�.;µ THE MINIITEB OF THS REGIILAR MEETIN(i OF THE FRIDLEY CITY COIINCIL OF JIILY 9. 1990 The Regular Meeting of the Fridley City Council was called to order at 7:44 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, JUNE 18, 1990: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested Item 16 be deleted and to add an Item (23A) for the issuance of an advance payment to the Rice Creek Watershed District in the amount of $20,000 (Locke Lake). MOTION by Councilman Fitzpatrick to adopt the agenda with the above revisions. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: pF.TTTT�N NO_ 1]-1990 REGARDING $PEEDING AND RECKLESS DRIVING ON TROLLHAGEN DRIVE• Ms. Cheryl Kolodge, 1473 Trollhagen Drive, presented a petition to the Council for the installation of stop signs at the intersections of Trollhagen Drive and St. Moritz and Windemere. She stated the residents are concerned with the use of Trollhagen Drive for speeding and reckless driving. MOTION by Councilman Billings to receive this Petition No. 11-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF JIILY 9. 1990 PAGE 2 Ms. Kolodge stated that Cynthia Majerle's son was hit by a car last year, and her two sons were almost hit this year. Ms. Cynthia Majerle, 1470 Trollhagen Drive, stated that she felt the placement of a stop sign or signs would reduce the likelihood of a fatality on their street. She stated that her child was on the curb when he was hit, and two other children were almost hit in their driveway. She felt St. Moritz would be one choice for a stop sign and possibly another stop sign at Windemere Drive. Councilwoman Jorgenson asked if any license numbers have been obtained on the speeding vehicles. Ms . Maj erle stated that the cars go by so quickly that they are unable to obtain a license number. Councilman Schneider asked if the property owners at the intersections where they would like stop signs installed had been contacted. Ms. Majerle stated that the property owners were contacted, and they are not opposed. She stated that the property owner on Trollhagen and St. Moritz was very much in favor as he is also concerned about his childrens' safety. Ms. Majerle stated that Trollhagen Drive is a throughfare for persons who do not live in the neighborhood. She stated that they were told by one police officer that Trollhagen has the most complaints of speeding vehicles. Councilman Billings stated that certainly Trollhagen is one street that has speeding cars, however, it is not unique to this street alone and is one of the biggest complaints heard at neighborhood meetings. He stated that on 52nd there are stop signs at both Buchanan and Taylor, however, this does not stop the speeding. Ms. Kolodge stated that the neighborhood is changing, and younger families are moving into the area. She felt some signage referring to children at play would also be beneficial. Councilman Billings stated that the petition will be submitted to City staff for review and recommendation before a decision is made by the Council. STOP SIGN AT 77TH AND MAIN STREET: Mr. Dick Harris, 6200 Riverview Terrace, requested a stop sign at 77th and Main Street. He stated that when Osborne Road was under construction, the County installed a temporary sign. He stated that most people think it is a four-way stop, and he felt there was a need for the stop sign. FRIDL$Y CITY COIINCIL M88TINQ OF JIILY 9. 1990 PAGB 3 Mayor Nee asked Mr. Harris to send a letter outlining his request for this stop sign. PUBLIC HEARINGS• l. PUBLIC HEARING TO AMEND SECTION 205 17.03.0 (THE_M-1, LIGHT INDUSTRIAL ZONING DISTRICT) AND SECTION 205.18.03.0 (THE M-2 HEAVY INDUSTRIAL ZONING DISTRICT) OF THE FRIDLEY ZONING ORDINANCE BY ADDING LANGUAGE REGAR.DING LOT COVERAGE REOUIREMENTS: 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 8:02 p.m. Ms. Dacy, Planninq Coordinator, stated that this amendment to the M-1 and M-2 zoning districts pertains to lot coverage and provides for a special use permit application to be filed to exceed the maximum lot coverage. She stated that the code now provides for a maximwn lot coverage of 40 percent, and the amendment would allow up to a maximum of 50 percent coverage for a one-story building. She stated that the percentage of coverage would be different with a multi-story building. ' Mr. Dick Harris, 6200 Riverview Terrace, stated that he felt the proposed amendment was a little confusing. He stated that as he reads the ordinance, the lot coverage could be increased by 10 percent, and the code now provides for a maximum coverage of 40 percent. Therefore, it seems it could be increased to a maximum of 44 percent. Councilman Billings stated that he would agree with Mr. Harris. He stated that he knew the intent, but it may be interpreted the same way in which Mr. Harris interprets it. He felt that if the ordinance is given first reading, the language should be clear before the final reading to avoid any misunderstandings. Mr. Harris questioned why the change is being made in the ordinance. He stated that the City has lived with a 40 percent lot coverage for many years. He stated that it seemed to him the limiting factor was not the lot coverage, but the setbacks and parking requirements. Mayor Nee stated that applications were being received for variances which really did not meet the criteria. He stated that it was felt there should be a method to provide for an adjustment based on good judgment and by using the special use permit process. FRIDL$Y CITY COIINCIL ��IEBTING OF JIILY 9. 1990 PAGE 4 j Councilman Billings stated that there were situations in the past where businesses in Fridley had outgrown their facilities and requested variances for the lot coverage, even though they maintained the required setbacks. He stated that the difficulty was proving a hardship and, in some cases, the variance was denied. He stated that this resulted in the loss of business for the City. He stated it was felt that with the special use permit process, the Council would have a little more latitude. Mr. Harris felt that this amendment could be discriminatory to some businesses. He stated that the lot coverage cannot be increased for a few, but for everyone. Councilman Billings stated that there was discussion about raising the maximum coverage, but there was hesitation about doinq so without knowing the full impact. He stated that by using the special use permit process, this can be monitored to determine if it is workable. Mr. Harris asked if he applied for a special use permit to go to a 45 percent Iot coverage for his property, what is the criteria for approving or denying the special use permit. Councilman Billings stated that the special use permit process would be used to bring a piece of property into compliance with the code. Mr. Iiarris stated that is the point which he wanted to bring out and felt it was blaclanail. Councilman Billinqs stated that the special use permit process allows the Council to bring property into compliance with the code in order to make it compatible with other properties. Mr. Harris stated that he felt the Council will have some problems with this lot coverage amendment. Councilman Billings stated that is a possibility, and if this is the case, it can be changed. He stated that the number of requests before the Council have not been that great, but there have been difficult decisions where, in most cases, a business has outgrown their building and cannot expand. Iie stated that this leads to vacant buildings in the City. Mr. Harris stated that he was glad that the vacant buildings have become a concern of the City. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:17 p.m. FRIDL$Y CITY COIINCIL !SE$TINa OF JQLY 9. 1990 PAGE 5 2. PUBLIC HEARING TO AMEND SECTIONS 205.03.55. 205.09.05. 205 17 05 205.18.05. AND 205.22.06 OF THE FRIDLEY ZONING ORDINANCE TO PERMIT NINE FOOT WIDE PARKING STALLS IN CERTAIN DISTRICTS AND TO RE UIRE PARKING SPACES TO BE DOUBLE-STRIPED: 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 8:17 p.m. Ms. Dacy, Planning Coordinator, stated that the Planning Commission, City staff, and Council reviewed parking stall widths for a variety of uses. She stated that after this review and discussion, it is proposed that the parking stall width be reduced to nine feet in R-3, M-1, and M-2 zoning districts and in an S-2 district, if a special use permit is approved. Ms. Dacy stated that the definition of a parking stall is also amended to state that parking stalls shall be striped in accordance with the design on file in the office of the City Engineer. She stated that instead of a single stripe, parking stalls will be striped with a double stripe. Mr. Dick Harris, 6200 Riverview Terrace, questioned where the double stripe should be placed. Councilman Billings stated that from the very left hand edge of parking stall No. 1 to the left hand edge of parking stall No. 2, there should be nine feet or from the center of parking stall No. 1 and the very center of parking stall No. 2, there should be nine feet. Mr. Harris thought that perhaps before the ordinance is passed, this should be tried on the City's parking lot. Councilman Schneider asked if he had a problem with this portion of the ordinance and if he sees a big cost factor. Mr. Harris stated that he does see a cost factor, but was concerned if this relates to new parking lots or existing parking lots. Ms. Dacy stated that it would apply to all new construction and if property owners apply for building permits, they would be required to double �stripe at that time. Mr. Harris stated that as he reviews these two proposed amendments regarding lot coverage and reduction in the size of parking stalls, it allows an increased size of a building by reducing the size of the parking stalls. Councilman Schneider stated that in reviewing the width of parking stalls in other communities, no one has larger than a ten foot FRIDLEY CITY COIINCIL M8$TING OF JIILY 9, 1990 PAG$ 6 stall and some are even less. He stated that the Council is trying to cope with the reality of redevelopment and how to meet the parking requirements. He stated that this appears to be a workable approach, and it also brinqs businesses into compliance who already have nine foot parking stalls. Councilman Billings stated it was found that over 60 percent of businesses in Fridley have their stalls striped at nine feet, even though the code calls for ten feet. Mr. Harris stated, in his own mind, he is not sure that a ten foot wide parking stall is such a bad idea. 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 8:30 p.m. 3. PUBLIC HEARING ON ISSUING AN ON-SALE BEER LICENSE TO NICKI'S 'r'AP LOCATED AT 5895 UNIVERSITY AVENUE N.E.: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:30 p.m. Mr. Pribyl, Finance Director, stated that this is an application for an on-sale beer license to be issued to Arnold's under the business name of Nicki's Tap. He stated that Mr. Larry Anderson, Vice President and Secretary, is present to answer any questions. Mr. Anderson stated that their company has leased this property since 1985 when it opened as Arnold's, and it has since been changed to Benjamin's. He stated that the conversion has really not been that successful, and they would like to try another concept, Nicki's Tap. Mr. Anderson stated that they would have a limited menu and hours of operation would be from 11 a.m. to 11 p.m., Monday through Saturday, and 5 p.m. to 10 p.m. on Sunday. He stated that the restaurant would be geared towards a family operation, and they would serve pizza. He stated that this is the reason they would like the on-sale beer license. Councilwoman Jorgenson asked Mr. Anderson if he was aware that there was an Alano Society several doors away. She stated that this is a concern and did not feel comfortable with serving beer in that neighborhood. She stated that when the Alano Society built their facility, they spoke with the owners of Zantigo to make sure no liquor would be served on the premises as it was located next door to their building. FRIDLBY CITY COIINCIL ME$TING OF JIILY 9. 1990 PAGE 7 Mr. Anderson stated that he thought about this issue himself. However, serving of the beer would be very low key as a beverage to go with the pizza. He stated that he has not been contacted by anyone from the Alano Society. Councilwoman Jorgenson asked if the Alano Society was notified about the potential beer license at this location. Mr. Pribyl stated that there was a public hearing notice published in the newspaper. Councilwoman Jorgenson thought the Alano Society should be contacted regarding this application for the on-sale beer license. She thought that perhaps it may be more beneficial if this restaurant were open longer hours and served coffee and desserts, rather than beer. Mr. Anderson stated that he felt if this was a problem, someone from the Alano Society would have been here this evening. He stated, however, he would be happy to contact the person in charge. He felt that the beer is an integral part of their restaurant operation. Councilman Schneider stated that he is sympathetic with Councilwoman Jorgenson's concerns, but even if there was an objection he questioned if that would be a valid reason to deny the license. He stated that the property is properly zoned for a restaurant operation, and it would seem, the only grounds for denial of the license would be improper operation or a history where the owners cannot control their problems. Mr. Herrick, City Attorney, stated that he would tend to agree with Councilman Schneider's comment. Councilman Billings stated that he would like staff to contact the Alano Society to notify them of this application for a beer license. He stated that he also respects Councilwoman Jorgenson's concern, but hears what the City Attorney is saying regarding the Council's discretion. He stated that he would like to be sure, however, that the change Mr. Anderson is proposing is well received by the neighborhood. Mr. Anderson stated that the Oriental House also serves beer and is located a few doors to the south of the Alano Society. He stated that when the Alano Society constructed their building, they looked to them as potential customers and did not want to do anything to deter the relationship. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:40 p.m. �RIDLEY CITY COIINCIL MEBTING OF JIILY 9. 1990 PAGE 8 . Councilwoman Jorgenson requested City staff to notify the Alano Society reqarding this beer license application. Councilman Billings stated that, possibly, the City Attorney could give some thought to restricting this license to a menu item only. He stated that he would not want a bar installed with the serving of beer becoming the main focus. O�D BUSINESS• 4. Q�nTNANCE NO 950 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: MOTION by Councilman Fitzpatrick to waive the reading of Ordinance No. 950 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. COMMISSION VACANCY FOR CITY COUNCIL CONSIDERATION: MOTION by Councilman Fitzpatrick to receive the resignation of Paul Westby from the Human Resources Commission. Seconded by Council- woman Jorgenson. Upon a�voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. HUMAN RESOURCES COMMISSION: MOTION by Councilman Fitzpatrick to nominate John P. Velin, 5105 Horizon Drive, for appointment to the Human Resources Commission to the term expiring April 1, 1993. There being no further nominations, Mayor Nee declared the nominations closed. MOTION by Councilman Schneider to cast a unanimous ballot for the appointment of John Velin to the Human Resources Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 6. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 205 ENTITLED "ZONING". BY AMENDING SECTIONS 205.17.03 AND 205.18.03: Ms. Dacy, Planning Coordinator, stated that the Council could consider the first reading of the ordinance at this time and, before the second reading, the language would be corrected as discussed during the public hearing. G �� FRIDL$Y CITY COIINCIL MEBTING OF JIILY 9. 1990 PAGE 9 MOTION by Councilman Billings to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. �'IRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 205 ENTITLED "ZONING", BY AMENDING SECTIONS 2n�_n�_��_ �n�_n9_n�_ 2nS_i�_o5_ 205.18.05 AND 205.22.06: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Billings. Mr. Harris, 6200 Riverview Terrace, stated that he did not see the difference between commercial and industrial areas and felt the parking stall width should be the same for these zoning districts. Councilwoman Jorgenson stated that the Council has been studying this issue for over a year and this is a compromise, as she preferred ten foot wide parking stalls. She stated that in commercial areas people are in and out of a parking lot, and the parking stalls should be large enough so the doors on the vehicles aren't damaged. She stated that in the industrial zones, the persons using the parking are generally employees and are not in and out of their vehicles as they are in commercial areas. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 8. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY C[1T1F ('H�pTFR 1 f1R _ F.NTTTT.F.I� ��FTRF. PREVENTION�� _ BY REPEALING THE EXISTING CHAPTER 108 IN ITS ENTIRETY AND ADDING A NEW CHAPTER 108 AND FURTHER P��NDING CHAPTER 11. ENTITLED "FEES" : Mr. Aldrich, Fire Chief, stated that.this proposed ordinance deletes the existing chapter of the Fire Code and adds a new chapter which incorporates the 1988 Uniform Fire Code. He stated that there are some changes relating to explosives and blasting agents, flammable and combustible liquids, and hazard materials, which he reviewed. Mr. Aldrich stated that another change of importance is the surcharge which is 1/10 of 1 percent of the building valuation to compensate the City for plan checks, on-site inspections, and other items that involve the Fire Department. He stated that in the previous code there was a fee equal to 1 percent of the building permit fee. However, this fee was never collected in the past. He stated that another major change is adjustment of the fees for permits required under the Uniform Fire Code. He stated that there was no adjustment over the last twelve years so, consequently, the adjustment is approximately 60 percent. He stated that he felt these fees were in line with fees charged by other communities. �RIDL$Y CITY COIINCIL MEETING OF JOLY 9. 1990 PAGE 10 Councilman Schneider pointed out that under Section 108.03 (1) that the 1/10� is shown as .001� which should be corrected before the final reading of this ordinance. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Billings. Councilwoman Jorgenson stated that one shopping center had four- wheel trucks parked in the fire � lanes and questioned the enforcement to keep these lanes clear. Mr. Aldrich stated that Section 108.06 addresses this issue, and they intend to enforce the code. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 9. �ESOLUTION NO 45-1990 TO THE RICE CREEK WATERSHED DISTRICT TO IMPROVE LOCKE LAKE• ' Ms. Mary Vasecka, 6909 Hickory Drive, presented a petition pertaining to the improvement of Locke Lake. She stated that there were concerns raised by the residents regarding damage caused by equipment, and if a City employee is on their property and is injured they did not want to be held liable. Ms. Vasecka stated that she understands the definition of ber►efitted properties is not merely those who reside on the lake. Councilman Schneider asked if they recoqnize there may be different classes or levels of benefited properties. Ms. Vasecka stated that she realizes this and understands there may be some assessment to their properties and that is why the last paragraph is incorporated into the petition. MOTION by Councilman Fitzpatrick to receive Petition No. 12-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that in meeting with County Commissioner Paul McCarron, he indicated a willingness to become involved. Mayor Nee stated that City staff has been working with the Rice Creek Watershed District and, with Mr. Savage's help, there was an amendment to the plan that provides another dimension of financing. Mr. Flora, Public Work Director, stated that in the original 509 Plan prepared by the Rice Creek Watershed District, it called for financing under Chapter 112. He stated that Mr. Savage had the plan amended to indicate funding would be provided by Chapter 112 or 473, whichever would be appropriate. He stated that this, essentially, allows any fundinq under the water management laws to FRIDLSY CITY COIINCIL lsBETIIIG OF JtTLY 9. 1990 BAGE 11 be used. He stated that Mr. Savage feels if the City qives them a clear petition, they are prepared to nove to the pofnt of a hearinq. Mr. Flora stated that this resolution has been prepared for eubmission to the Rice Creek Watershed District for the District to take over the leadership for the three phases of the project; a new dam, sedimentation removal,. and sedimentation pond construction. He stated that it is hoped this resolution would be discussed at the Rice Creek Watershed District's Wednesday, July 11, 1990 evening meeting. He felt that it would probably be several months before any preliminary fiqures on the costs are available. Mr. Flora stated that he would suqgest that, in addition to this resolution, the Council provide a project petition with the advanced payment in order to satisfy all the criteria and requirements of the Watershed District sQ they may proceed. Councilman Schneider asked if staff had a feeling as to the Watershed District's receptiveness to the proposal. . Mr. Flora felt that the City had 100 percent support of Mr. Savage. Mr. Flora stated that the City is stating its responsibility for the dam and by providing $20,000 up front, he could not see any reason for the Watershed District not to proceed. Mr. Antell, 6801 Hickory Street, voiced his concern about the safety of the dam and if it has been inspected. Mr. Flora stated that the dam has been inspected by the Department of Natural Resources, and the City will continue to monitor it and has fenced off the area where settling is occurring. Councilman Schneider asked what steps would be taken if it is felt it is unsafe. Mr. Flora stated that if the City felt it was critical, an attempt would be made to lower the water level by removal of concrete in one of the tubes. He stated that to try and remove the concrete at this time would be extremely danqerous because of the high water. Mr. Stine, Regional Hydrologist with the Department of Natural Resources, stated that their agency has been monitorinq the dam and making inspections. He stated that their inspector observed the soil borinqs, reviewed the cores, and spoke with the testing firm at the site. He stated that repairing the dam is not going to be a feasible alternative, and the best solution is total removal of the structure and reconstruction of the dam. FRIDL$Y CITY COIINCIL KE$TING OF JIILY 9, 1990 PAGE 12 Mr. Stine stated that the DNR is required, under law, to make sure that the City, as the owner of the dam, proceeds in a timely fashion. He stated that he believes the City is taking a reasonable course of action in identifyinq a project that will be pursued. He stated that the DNR is concerned about the public waters of Locke Lake and the habitat that exists in the lake. Councilman Billings asked if the possibility exists that the wildlife biologist miqht not think the lake should be dredged and, if this is the case, would it still be the DNR's position that a dam should be rebuilt at that location. Mr. Stine stated that is a possibility. He stated that one of the things they hope will come out in the public hearing process is a debate of that issue and if it is desirable to have a lake there. He stated it isn't only habitat concerns, but concerns about draining part of waters. He stated that this is another issue they will explore with their legal staff. Mr. Stine felt that there are a number of possibilities ranging from total dredging to partial dredging or complete removal of the dam. He stated that if you eliminate the issue of dredging the lake, it seems to be relatively straight forward and would be easily accomplished, but it does not mean it would be reasonable. He stated that when you start combining the issues of reconstructing the dam, removinq the sedimentation, and sedimentation pond construction, it complicates the issue. Councilwoman Jorgenson asked if it is possible to have a dam there without removal and proper control of the sedimentation. Mr. Stine stated that whenever you have conditions conducive to sedimentation, there would be additional sediment deposited. He stated that with some types of a dam reconstructed, there will be times of the year when sediment will be deposited. He stated that it has the possibilities of being a large sedimentation basin. Mr. Stine stated that the Rice Creek Watershed District is the appropriate place for the City to focus its efforts because the sediment is not coming from only Fridley streams. Councilman Schneider asked Mr. Stine if he knew how long the permit process would take. Mr. Stine felt it would be six months to one year. He stated that even if the process was to proceed immediately, there would be a plan preparation, and an investigation necessary to design a new structure that would take three to four months in itself. Councilman Schneider asked if Mr. Stine would comment on the safety of the dam as it now exists. Y FRIDLEY CITY COIINCIL MSETINa OF JIILY 9. 1990 PAGE 13 Mr. Stine stated that if the City can keep people out, the safety concerns are minimized. He stated that there is a potential of imminent failure because there is significant flow occurring around and under the structure. He stated that the dam was poorly constructed from an engineering point of view. He stated that there does not appear to be any clay core to the dike itself. He felt the City should investigate the possibility, as soon as possible, to lower the level of the lake and knock out the culverts. He stated that the City has the authority to proceed to preserve the health, safety, and welfare of the residents. MOTION by Councilman Fitzpatrick to adopt Resolution No. 45-1990, with the addition to include a reference to the project petition for Locke Lake. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO 46-1990 AGAINST THE ISSUANCE OF A GAMBLING LICENSE FOR THE CHILDREN'S HEART FUND WITHIN THE GEORGE'S IN FRIDLEY RESTAURANT: Mr. Pribyl, Finance Director, stated that this license would not be in conformance with the City Code as the Gambling Manager's salary is not to exceed $50 per week. MOTION by Councilman Fitzpatrick to adopt Resolution No. 46-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO 47-1990 AGAINST THE ISSUANCE OF A GAMBLING LICENSE FOR THE CHILDREN'S HEART FUND WITHIN THE SHOREWOOD INN• Mr. Pribyl, Finance Director, stated that this license would not be in conformance with the City Code as the Gambling Manager's salary is not to exceed $50 per week. Mr. Pribyl stated that there have been some significant changes in the statute, and the Public Safety Director is in the process of reviewing the changes and how they relate to the City's code. MOTION by Councilman Schneider to adopt Resolution No. 47-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. MOTION TO APPROVE THE 1990-1995 CAPITAL IMPROVEMENT PLAN: Councilman Schneider stated that his concern is how this plan relates to the budget. FRIDLEY CITY COIINCIL ME$TING OF JIILY 9. 1990 PAGg 14 Mr. Flora, Public Works Director, stated that the plan provides guidance and any particular item in the plan would come to the Council for appropriate approval. Councilman Billings stated that if approving this capital improvement plan only provides a vote of confidence with this program, he would prefer to wait until the 1991 budget is adopted. Mr. Flora stated that he does not feel there is a pressing need for the 1991-1995 programs. He stated that the 1990 plan reflects a number of changes the Council approved that are not in the 1990 budget. He stated that the plan does provide quidance for staff on where to focus their activities. Mr. Burns, City Manager, stated that this is just a conceptual plan and is not an appropriation measure. He stated that if the Council has approved specific plans, supplemental appropriations have been submitted. Councilman Billings stated that as long as the Council is not permanently locked into it, he is comfortable approving the plan. Councilman Schneider stated that his concern was if this plan overrode the budget in some way and as long as this is not the case, he would have no problem with it. MOTION by Councilman Fitzpatrick to approve the 1990-1995 Capital Improvement Plan. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 0 990• A. SPECIAL USE PERMIT. SP #90-09, BY LEFFEL INCORPORATED FOR MAACO AUTO PAINTING AND BODYWORKS, TO ALLOW EXTERIOR STORAGE OF MATERIALS AND E4UIPMENT ON LOT 2. BLOCK 4. COMMERCE PARK, AND THAT PART OF LOT 2 LYING IN SECTION 10-30-24. SUBJECT TO UTILITY AND GAS EASEMENTS AS SHOWN ON PLAT AND SUBJECT TO ANY OTHER EASEMENTS OF RECORD GENERALLY LOCATED AT 100 OSBORNE ROAD N.E.: Ms. Dacy, Planning Coordinator, stated that this is a request for a special use permit to allow the petitioner to construct a fenced storage area for the outside storage of cars related to the auto painting and bodyworks facility. She stated that staff recommended that the outdoor storage area be fenced with vinyl slats and the fence be no higher than eight feet tall. Mr. Dacy stated that the Planning Commission added a stipulation that the storage area .be excavated, lined with plastic, and six inches of Class 5 material be installed. FRIDLEY CITY COIINCIL ME$TINQ OF JIILY 9. 1990 PAQE 15 Mr. Leffel, the petitioner, stated that this storage area would be used by Shorty's Towing to tow vehicles to a secured area. He stated that where Shorty's now tows vehicles to their facility there are no repair facilities at the site. He stated that, most of the time, the insurance companies allow him to repair the vehicle in order to avoid another tow. Councilman Billings stated that he is not concerned with the dollar value of the rental agreement Mr. Leffel has with Shorty's, only if Shorty's receives any payment from Mr. Leffel if he would work on the vehicles Shorty's brings to his establishment. Mr. Leffel stated that if he repairs the vehicle, Shorty's would receive a l0 percent commission. Councilman Billings stated that he is concerned from the standpoint that this outside storage may not be incidental to the operation of Mr. Leffel's body shop. He stated that, typically, outside storage is associated or is an incidental aspect of a particular business. He stated that he believes this goes beyond that scope. Councilman Billings stated that there is also the philosophical question that when a person's vehicle is towed to an auto body repair shop that, in fact, there may have been coercion by their insurance company to do business with a particular body shop. He felt possibly the City's contract with Shorty's should be reviewed and put in a clause to specifically prohibit that type of thing. Ms. Dacy stated that the Zoning Ordinance does not address the issue that exterior storage of materials has to be an accessory use to the principal use. She stated that staff's interpretation is that it is outdoor storage of materials, and they have to obtain a special use permit and whether or not it is related to the use is not a criteria that is specifically stated. Mr. Herrick, City Attorney, stated that the code does not specifically state that the storage has to be an incidental use and whether or not this should be changed, he felt was a policy issue. Mr. Leffel felt that to refer to coercion was not appropriate as the owners of these towed vehicles can have their cars fixed anywhere they wish. Councilman Billings stated that Mr. Leffel was the one who brought up this issue and stated that the insurance adjuster sometimes may not want to pay for another tow. Mayor Nee stated that there are tires stored in the back area of this property. Ms. Dacy stated that staff would reinspect the premises. FRIDLEY CITY COIINCIL 1sEETINQ OF JIILY 9, 1990 PAQE 16 Councilman Schneider stated that if this building is not in compliance, he is not comfortable with proceeding. Councilwoman Jorgenson stated that she was concerned that materials could drain from these vehicles into the ground and contaminate the soil. Mr. Leffel stated that by the time the vehicles reach the storage area, most of them have already been drained of any fluids. Mr. Leffel stated Council can state that he cannot offer Shorty's a commission, and he would be happy to go along with this stipulation. Mayor Nee stated that he shared some of the same concerns as Councilman Billings. MOTION by Councilman Billings to table this item until July 23, 1990. Seconded by Councilwoman Jorgenson�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that he would like to know what Shorty�s is doing on the vehicles he tows for the City. He was also concerned about the signage for this building. B. RESOLUTION NO. 48-1990 AUTHORIZING AGREEMENTS BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1990 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR HUMAN SERVICE ORGANIZATIONS: Mr. Steve Barg, Planning Assistant/Code Enforcement Officer, stated that $33,291 has been designated for community services under the Community Development Block Grant program. He stated that the Human Resources Commission heard oral presentations from the agencies requesting funding. Iie stated that more requests for funding were received this year than last year even though there was about $1,000 less in funding. Mr. Barg stated that it is recommended Council approve the Human Resources Commission's recommendation for allocation of these CDBG funds to the various agencies and authorize the City to enter into contracts with the individual recipients of these funds. Mr. Barg stated that a corrected resolution has been submitted as the Banfill-Locke Center for the Arts was inadvertently omitted from the resolution submitted in the Council's aqenda packet. MOTION by Councilman Fitzpatrick to adopt Resolution No. 48-1990, which includes $2,500 to the Banfill-Locke Center for the Arts. Seconded by Councilman Schneider. FRIDLEY CITY COIINCIL ME$TINQ OF JIILY 9. 1990 PAGE 17 Councilman Billings stated that it appears only one organization that requested funding received absolutely nothing and asked if there was any reason why they did not receive funding. Mr. Barg stated that the North Suburban Consumer Advocates for the Handicapped did not receive any funding and stated Sue Sherek, Chairperson of the Human Resources Commission, could address this issue. Ms. Sherek, Chairperson of the Human Resources Commission, stated that she talked to Jesse Ellingworth of the NSCAH many times about seeking funding from other sources for a computer. She stated that some specific recommendations were made to him to obtain a computer, and she offered to assist him. She stated that it was felt there were other avenues open for the NSCAH to obtain the computer. Ms. Sherek stated that she could purchase software for them at a discount, and the Commission felt that the NSCAH did not have a realistic qrasp on the use of the software. She stated that the Commission could not get a picture on how this would serve the residents of Fridley. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Fitzpatrick, Councilman Schneider, Councilwoman Jorgenson and Mayor Nee vote in favor of the motion. Councilman Billings voted aqainst the motion. Mayor Nee declared the motion carried. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of June 20, 1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF JUNE 19. 1990: A. VARIANCE VAR #90-10 BY ROBERT AND SANDRA SCHMIDT. TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 17.5 FEET TO 15.5 FEET TO ALLOW THE CONSTRUCTION OF ADDITIONAL LIVING SPACE ON IAT 6 BLOCK 3 BONNY ADDITION THE SAME BEING 6001 FOURTH STREET N.E.: Ms. Dacy, Planning Coordinator, stated that the petitioner is seeking a variance to allow an addition onto his existing home and encroach into the required 17.5 setback by two feet. She stated that because there is an alternative available to construct a smaller addition, staff recommended denial of this variance. Ms. Dacy stated that the Appeals Commission felt the spirit and intent of the code was not being violated as the variance was small and recommended approval of the variance. She stated that the proposed addition is consistent with the existing sight lines. FRIDL$Y CITY COIINCIL MEETINQ OF JOLY 9. 1990 PAGE 18 Councilman Billings asked when the home was built. Ms. Dacy stated in 1959. Councilman Billings stated, at that time, the setback would have been ten feet so it is conceivable the builder allowed for the fact that an addition could be placed on the home. MOTION by Councilman Billings to concur with the recommendation of the Appeals Commission and grant variance request, VAR #90-10, to reduce the side yard setback on a corner lot from 17.5 feet to 15.5 feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. VARIANCE EXTENSION REOUEST VAR #88-06 BY WAYNE JOHNSON TO �EDUCE THE REAR YARD SETBACK FROM 3 FEET TO 1 FOOT . AND TO REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 3 FEET, TO ALLOW THE CONSTRUCTION OF A THREE-CAR GARAGE ON LOTS 25 AND 26 BIACK 5 HYDE PARK ADDITION THE SAME BEING 6051 TH�RD STREET .E.: MOTION by Councilman Billings to approve this variance extension to August 1, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. NLTTSANCF ARATEMFNT AT 501 GLENCOE STREET N.E.i This item was deleted from the agenda. 17. �STABLISH A PUBLIC HEARING FOR ESTABLISHING A NEW TAX INCREMENT FINANCING DISTRICT NO. 11 FOR THE REDEVELOPMENT OF THE NORTHEAST UADRANT OF UNIVERSITY AVENUE AND MISSISSIPPI STREET: MOTION by Councilman Billings to set the public hearing on the establishment of a new tax increment financing District No. 11 for July 23, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. ESTABLISH A PUBLIC HEARING FOR THE ISSUANCE OF REVENUE BONDS, MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT FOR THE IANG TERM CARE FOUNDATION: Mr. Pribyl, Finance Director, stated that the Long Term Care Foundation is requesting the issuance of $1,150,000 in industrial revenue bonds. He stated that the City would then enter into a joint powers agreement with the City of Minneapolis and twelve other municipalities in the metro area to issue a total of approximately $42.9 million to finance the acquisition of eighteen �RIDLEY CITY COIINCIL MEETINQ OF JIILY 9. 1990 PAG$ 19 nursing home facilities. He stated that this $1,150,000 revenue bond would be used to purchase the Lynwood Health Care Center in Fridley. Mr. Pakonen, Health Dimension, Inc., stated that the Long Term Care Foundation would be the owner of the nursing home facilities. He stated this is a non-profit corporation, and the directors of this corporation must be employees of hospitals associated with the Voluntary Hospitals of America and/or persons who have a recognized expertise in the delivery of long term care. Mr. Pakonen stated that he would be happy to supply further details, but thought perhaps this presentation should be made at the public hearing. MOTION by CounciZman Fit2patrick to set the public hearing for the issuance of these industrial revenue bonds for July 23, 1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. APPROVAL OF CHANGE ORDER N0. 1 FOR CONSTRUCTION OF THE 1.5 MG FLEVATED WATER RESERVOIR PROJECT NO. 201• Mr. Flora, Public Works Director, stated that this change order covers soil testing, pile testing, and building demolition in conjunction with the 1.5 MG elevated water reservoir for a total of $9,385.00. MOTION by Councilman Schneider to authorize Change Order No. 1 in the amount of $9, 385. 00 with Twin City Testing for costs associated with construction of the i.5 MG elevated water reservoir, Project No. 201. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Schneider, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Councilman Billings and Councilwoman Jorgenson abstained. Mayor Nee declared the motion carried. 20. APPROVAL OF CHANGE ORDER NO. 3 FOR STREET IMPROVEMENT PROJECT NO. ST. 1989 - 1& 2• MOTION by Councilman Schneider to authorize Change Order No. 3 for a deduction of $2,000.00 for Street Improvement Project No. ST. 1989 - 1& 2 with Gammon Brothers, Inc. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Schneider, Councilman Fitzpatrick, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings abstained. Mayor Nee declared the motion carried. �RIDLBY CITY COIINGIL MEETINd OF JIILY 9. 1990 PAa$ 20 21. APPROVAL OF THE 1990 SCHOOL DISTRICT REFERENDUM LEVY AGREEMENTS FOR INDEPENDENT SCHOOL DISTRICT NOS 11 13 14 AND �i Mr. Pribyl, Finance Director, stated that these agreements would return $261,798.81 to the school districts if executed by the school districts. MOTION by Councilman Schneider to approve the 1990 school district referendum levy agreements for ISD Nos. 11, 13, 14 and 16. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billings abstained. Mayor Nee declared the motion carried. 22. APPROVAL OF THE 1990-1991 CONTRACT WITH THE TWIN CITY AREA URBAN CORPS• Mr. Hunt, Assistant to the City Manager, stated that each year the City enters into a contract with the City of Minneapolis to participate in the Urban Corps Program. He stated that as a participant in this program, the City can employ students who have Federal Work Study Grants to work as interns. He stated that it is necessary, however, for the City to contract with the City of Minneapolis in order to participate in this program and requested the Council approve this contract. MOTION by Councilwoman Jorgenson to approve the 1990-91 contract with the City of Minneapolis for participation in the Twin City Area Urban Corps Program. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claims No. 32648 through 32920. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23A. ISSUANCE OF ADVANCE PAYMENT TO THE RICE CREEK WATERSHED DISTRiCT IN THE AMOUNT OF $20.000 {LOCKE LAKE): MOTION by Councilman Schneider to authorize an advance payment in the amount of $20,000 to the Rice Creek Watershed District, which would be reimbursable to the City if the project is ordered. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLSY CITY COIINCIL ME$TINa OF JIILY 9. 1990 PAGE 21 24. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 25. ESTIMATES• MOTION by Councilman Schneider 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 June, 1990. . . . . . . . . $ 4,923.00 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, NIIJ 55432 Services Rendered as City Prosecuting Attorney for the Month of April, 1990. ...$ 8,837.00 HNTB 6700 France Avenue South Suite 260 Minneapolis, MN 55435 Inspection of the 1.5 MG Elevated � Water Reservoir, Project No. 202 Partial Estimate . . . . . . . . . . . . . . $ 1,204.13 Karlen Construction 901 - 125th Avenue N.E. Blaine, MN 55434 Flanery Park Shelter Project No. 206 Estimate No. 1 . . . . . . . . . . . . . . . $18, 698. 00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �+'RIDLEY CITY COtJNCIL ME$TING OF JIILY 9. 1990 PAGE 22 "� ;; ADJOURNMENT: � MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 9, 1990 adjourned at 11:05 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: 0 NOTICE OF pUBLIC HEARING ON A PROPOSED PROJE�T AND 1 TH8 ISSUAN�E OF NURSING HOME FACILITIES REVENUE BONDS UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, MINNESOTA STATUTES, SECTIQNS 469.152-969.165 CITY OF FRIDLEY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Councii of the City of Fridley, Minnesota (the City), Will meet on July 23_. .. 1990, at ��30 o'clock P.M., at the City Hall, 6931 University Avenue Northeast, in Fridley, Minnesota, for tbe purpose of conductinq a public hearing on a proposal that Che C�ty issue its revenve bonds, in one oz more series, undet the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 969.152 throuqh 9b9.�65, in order to finance the acquisition of and certain improvements to an existinq nursing home facility 2ocated at 5700 East River Road in the City and commonly known as Lynwood Healthcare Center (the Project) by The Long Term Care Foundation, a Tennessee nonprofit corporation (the Bortower). The maximum aqgregate principal amount of the proposed bond issue is �1,154,000. The bonds Will be limited obliqations of the City, and the bonds and interest thereon Will be payable solely from the revenues pledged to the payment thereof. No holder of any bonds Will ever have the right to compel any exercise of the tazing power of the City to pay the bo�ds or the interest thereon, nor to enforce payrr�ent against any property o£ the City except money payable by the Borrower to the City and pledged to the payment of the bonds. A�raft copy of the proposed Application to the MinnesOta Department of Trade and ECOnomic Development for apprvval of the Project, together with draft copies of all attachments and exhibits thereto, is available for public inspection at the office of the City offices ._ during business hours, 8�00 A.M. to 5:00 p.M., on normal business days. All persons interested may appear and be heard at the time and piace set forth above, or may file written comments With the City Manaaer prior to the date of the hearinq set forth above. Dated: June 27 , 1990. BY ORDER OF THE CITY �OUNCIL By�$/ Will.iam_W.. Burns City Manag.er .._ Publish: July 4, 1990 � ! � unroF FRIDLEY DATE: TO: FROM: C011�IMUNITY DEVELOPMENT' DEPARTMENT MEMORANDUM July 19, 1990 � � �. William Burns, City Manager�• Jock Robertson, Community Development Director SUBJECT: Public Hearing on Establishment of a New Tax Increment Financing District, TID #11, for the Redevelopment of the Northeast Quadrant of University Avenue and Mississippi Street We have reviewed the proposed $2,500,000 redevelopment proposal by Fridley Town Square Associates for the 10,000 Auto Parts site. The proposed development would have a tax increment benefit to both the existing Center City Redevelopment District (includes the 10,000 Auto Parts parcel plus the four adjacent lots to the north on 66th Avenue), and to the proposed Renewal and Renovation TIF district for the two adjacent single family parcels to the east (see attached map). For the existing Redevelopment District, approximately $926,768 would be available for project expenses through the life of the district, which terminates in 2009. There are no offsetting reductions in LGA's in this pre-existing district. An additional $552,232 would be available from the proposed new Renewal and Renovation TIF District No. 11, which would terminate in 2007. H�wever, in this district, a penalty in the form of LGA cuts would begin to accrue in the 6th year of the district at the rate of 12.5$ per year. This would be about $960.00 the 6th year, $1,958 the 7th year, etc. On July 11, 1990, the Planning resolution recommending creating On July 19, 1990 the Fridley HRA approving the amendments subject Commission adopted the attached the proposed TIF District #12. adopted the attached resolution to City Council approval. Staff recommends that the City Council create a new Renewal and Renovation TIF district to capture the total tax increment available for the proposed Fridley Town Square Associates project. In this way, the total pay-as-you-go expenses would be for the principle amount of $200,000 plus $115,321 as a reimbursement for the developer's carrying cost through year 6 1/2. At that point, 2A Public Hearing; TID �11 July 19, 1990 Page 2 the new Renewal and Redevelopment district could be decertified, thereby limiting the total LGA cuts to an amount of approximately $960 which could conceivably be recovered through a City charge to the HRA for administrative expenses. The present value of this figure at $11.5$ is $477.00. Staff further recommends that the City Council hold the public hearing on July 23, 1990 and then close the public hearing. However, we recommend that the City Council lay over taking any action on the resolution approving TIF District #11 until we receive copies of financial and lease commitments from the anchor tenant of the proposed project. JR/dn M-90-504 EXHIBIT II—B � �+ : t r , t u` r � ✓.t: .� � � i . . v� � 1 •%'• : - � � ' • �,� ' JI e � O.�- � %� � .; t � . , ' � . � �« . � • . �` r . , W •� � ` ' ` .�.�. ~• � � •� f r .� � � ' � � O � � v �' . �' • <. �'�.•* �- � .:",': 'J :. , : �� i ¢ �: = S • t ; r � • � �. _ i , � �. �v • •L� 1 1 � `• .1 � � \ • � � r � • , I t ` \'',a'i�,� .'.'• � •;• ��,' ',�\ � ` � • r' � � a ' � ' , ; � '�' `/ `• �'t ' �a _� �� ;f,+ � _ � �; � . f+' '� � e ' � • t ` / I � � � a � � i!1e '� ,� •�. I ' � � �: I ,/y� �� `�t ., � �; �� ' �, . � � . . .r 1, � !� �� .� , � I ? � �� , . � ; ;•.ax. �� • ':� . �. ,'�a, ° /'' at � �''I .�, ; "• '�I � i •� `f , '`;J• � i' i � ' ' fe � ' /+ ,+r �. � • : � ;� � "Q' � ,, _: �. �.:t•- 1�y .!' � � �• � , .-t ��.�• r 1 • � �,� ` ,''l \ .,u ,•� , /�, �f , ' `. � �, � r �• � . � • � � • • i �; � ':i• t • •�� /� � �� • .` ' ` ��— � _ ._ .,..l.l --- (,,_ — — �tf-� _. Y _ , .. � . � s . •,.•3;.,. i I : ' � - '' � ,;'; ��. �• . �, • �, •. . ..�,' ' � ' .� w � r � +" � LE ,� � '" .� �• � 1 .. �� :. 1; '� y �'�: . - ' � )! �"� } • . - �f' �.� ' � � P`, �tlN ,yfb•'M; �� I . W !• • � t. ` '1, e '. •�, • , 1 : �' ' � 'S. • JP' t� . � � ♦ r' Z ' . ' _ . • : ' '� ' r - 1 � '• �ti'� . . • �� : .�� ''L' y,�i7.� r ; , r' � `��' i i%' � � •� � "n"' ti :;. ` � �•Q � �' ' � H iJ � � • .' �•� � ,, .. �7�..i, �� 1 �s • � �� ,s, � i� r: �i i � ' �, i�'. � '� 'i . . 1 ��` ,.� j .i..�• •J.t, � 1• �ji(V''•'. E,.'r• I�, I -. S • � Yi• ' . . I . . , � ( . + .i • • .' .. •i. :rs �•��'4••�'� � � r' 1 :� �• • � .I i�,� r�. � =' •j��1 � �•�� = I�� { i ,�• . � � ' ♦ N �. _ . . ' •. I . I . ,.� � ; � • ':�-'� �' . ' y61�.� ' �i � • 67 �vE. N.E. i �' - ` ' �� . � •��= �. "J � :,� :. .+ 1:�:�. : �- •L. ,� �, �^. .f � / SiJ -1•' � i5j1�•j .�N�.)�.I�y' .�•�rt y -;� : '��t ' �'' �' I �' �, �± : �, � • � � :�. •; � t' j � • . � .._, z .� . � I � _ �.• ri ��L� � �'I ' :�• ' �2' ;• ' � � '°C�E�EK' � " ; � 1 � �;"..r': ,. ' ; "' � �'66TM '�VE. N•E. K `��, r �+.►a�r� . , � , s ..,.. �, � : � y : � . . . . . �:... � N`� .. ��, j �, ,�'is; =�. PCAT. 7 s' .�';. ' , • o .-. , �� r• i � • � � .r • .� . , I . '� W y� N .a . f � ; j ' .. : .. .. .. .I � . . ;,�- „ . : • �'''!� � � . : . . ., � : � ��' �.[� I�- C - ��LCRE'EK�- .T •Y � •�i.i.F �' ....�. - T � � ' - ` � , � .,'�;, ' ; '�4�' -. -._ , � r � ' " ' � .. _ 1 � (�'�— "1Y' _ � '-��4� • Y ��7►(TY;�-� ' -r�TI�TE�r----�19+---+�N16t}YYAY- - -N ; i ; .� - -- �"Y t. •�L ! � _ ' � 7' � � 1 � I � • ~ w �rr � T • , : � � { �i• �' . � a� ;o � �pN �'� ;rt: �.: ' • �, � ' '. �•� . Q - - . r— . ; .,r• f, : ' � ��fL � .,.. - +. �n'''^'� � ;.� ,_ f..• � � '.�• •:r` .tr� � • ' --� . .' ' N l.E a �'• ' r '• :�'. I , � i ' .� LS , • _a • • ,rzr Ff� I � � ,• � ; '�' , � . � f, . N1 _-_ � : �.� - _ � - �.= f , � ,, ,� � • • � � � •�� i /1.��1 � M / •�• p 1 ' b �-� , �-�, �w t�- ' ' ;; — + /%(••' � •' SYLVAN .^ 1Q P� 1 , , : , �: ! /-- :.. •. #. �"J��i' . . �� . � �--! : c � •• �s ,��,. : � • : H�5 f --� - ,� � �� ,� ' � �--- • . w �� Zp Z '!%�.,� � ; : PL A r B `,� ,,�� •y�� '' g • r �,: M-^� j . p�p � : A - �� ' ' . - E �,TE� "—.. �aNE — ,f =�'.� ' , LCE��,�yi ,M'' ; . • �; � � . � , urw � . ; : � : ► 'I� � �".� �< 1 . J, :�, . . � . . -s- ...• . .'. ' , ,' '�:.•�, '- � / `s ., ^ ,` �� ' •f � 1 j � i � � . � _ . •�i C 1 p/T/ON � ~ • J . � �, • � � `• � . ,• � `✓ ' r�' ;-. _ ; ;� "" .:` i : AD ti,� ,,,. . ��i � � j �' .d, ' l�.. �v� '� 1• •- � �ENtER"2 i � r!: � •�� _ s��w� u►►� �EACUAY . GRrvE ' ' � �- i ; w.....� ; . � .i • •., ��• '� ' ' : . *i:- , � I :� '� •• �� . ', /I.' I ,I .', .� :' ; �, I.rs.� � � I ► f I � .� . �� - � . �^ !1 O� /P M� I I /I1f . f , ; . s` . . ' . . � • t ♦ , �'v � w.� ' - . S +�I f ' l iD ��/ � �• 1 � �• t ~ i� 'r• '.V i�. •" -�, _j ' ' i ': } ' ii E �fis •..;.' �� .� w • . ,r, ' 12 � ' — ---� -- — --l�wE—a:: �_ �'• _` � W •_ �„ . .•' � _�, • , . � . �/ . . . , . , C� --Y� -- . t f • � . 4 r-• . y . � f"� ' Existing Center City Tax Increment District . � �� Proposed Tax Increment District # 11 ■��i 2C g�NNZNG CO�Z88IOI�l I�EETING. ?*n p 31. 19 9 0 PAGE 16 p.m., and to find out the number of establishments eerving liquor in the City of Fridley. � i� IIPON !► VOICE VOTE, DliHLBERG VOTZ1�iG �tllY, C8AZRP8R60�T �BET�OLD DECZJ�iRED THE 140TION CARRIED. �� er stated that he thought it is aJwaste of the City Mr. Dahlb g Attorney's time and City's money to go thrcugh any kind of significant analysis, discussion, and review of this motion. His reason was primarily because it is a,society issue and he did not know where it starts. He is not optimistic that they can effect any positive change relative to iiis whole issue at this point. �' ' ht• however, someone has Mr. Kondrick stated Mr. Dahlb�rq is rig . to say something at some t'�me, and maybe eomeday society will change. Mr. Dahlberg stated �hat, in his opinion, society is changing for the better, that so�ial drinking in this day and age is significantly dif�ferent than it was even ten years ago, and that people drink 1 s. The problems that were disc�ha�asportslbarto Joe Dimaggi s are because•of the age cateqory attracts. I+ir. zold stated this issue will be discussed again at the City Co cil public hearing, so the City Council and the City Attorney �' 1 have to be prepared for that discussion. 2� CONSISTENCYOOF FHEpRED�VEIAF' ANTESROJECONWITHDEHERM�NE COMPREHENSIVE PLAN: Ms. Dacy stated the resolution will approve the proposed amendments to the city's Redevelopment Plan and the proposed Tax Increment Financing Plan for Tax Increment District No. 11 for the Fridley Town Square Shopping Center. The expansion includes the two single family homes which are under option by the developer at this point and will be remoind ce ters $rea can be redeveloped for the 28,000 sq. ft. shopp' Q Ms. Dacy stated staff and the i�tA have developed a tentasiyou-go agreement with the development that this will be a paY- project and that the amount of assistance, $400,000, will be basically retired from the taxes generated from the project within six years. Ms. Dacy stated staff recommends that the Planning Commission agree that the proposed expansion of the redevelopment area and the creation of the district is consistent with the City's Comprehensive Plan. Although the plan does not refer specifically totives foreeacheofdthedredevelopmentnarease a�nd the goals and ob�ec 2D ��v^rTING COIrIIdI88ION ISFETING. .TIILY il. �990 PAGE 17 I�2A has determined that this project is consistent with the goals of that district. Staff recommends the Planning Commission approve the resolution. Mr. Dahlberg asked if staff had considered expanding the redevelopment area even further to the east to 5th Street to care into account the potential for any further development in that area. Mr. Robertson stated, yes, that can be done. The problem is that the way the State Legislature has now �rritten the State Law, if they were to create the district and nothing were to happen within three years, they have to be certified again. So, timing- wise, it is better to wait until they get a project. Mr. Dahlberg stated that as long as there is that possibility in the future to modify the district without any problems, then that answers his questions. I�OTION by Mr. Kondrick, seconded by Mr. Dahlberg, to approve of "Resolution of the Fridley Planning Commission Concerning the Fridley Housing and Redevelopment Authority's Redevelopment Project and Tax Increment Financinq Proposals". IIPON A VOICE VOTE, BIIE BHERElC VOTING �iAY� C'AAIRPERBON BETZOLD DECLARED THE lIOTION CARRZED. � �. ECEIVE UN� y 77 rrza�u� �+ -••• — — O�I TION by Mr. Kuechle, seconded by Mr. Kondrick o receive the June 19, 1990, Appeals Commission minutes. IIPON A VOICE VOTE, liI�L VOTING l�YE, CHA ERSON 1CONDRICR DECLARED THE KOTION CARRIED tTNANIMOIIBLY. gDJOURNMENT: �lOTION by Mr. Kondrick, se nded by Mr. Saba, to adjourn the meeting. IIpon a voice v e, Cbairperson Bet�old dsclared the Julp li, 1990, Planni Commission aeetinq adjouraed at lo:io p.m. Respectfully s mitted, S abyY .irycf Secretary RESOLIITION OF THE FRIDLEY REDEVELOPMENT PROPOSALS RE80LtTTION NO. 2 - 1990 THE FRZDLEY PLANNING COMMI88ION CONCERNZNG HOIISING l�ND RSDSPSLOPMENT !lDTHORITY'B PROJ$CT l�ND TAB INCR$MENT FINANCING WHEREAS, the proposal by the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, to enlarge its Redevelopment Project No. 1(the "Redevelopment Project"); amend the Modified Redevelopment Plan for the Redevelopment Project; amend the Tax Increment Financing Plans for Tax Increment Financing District Nos. 2 through 10 currently existing within the Redevelopment Project; and estab2ish a new Tax Increment Financing District No. 11 within the Redevelopment Project and approve the related tax increment financing plan (collectively, the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 through 469.047 and 469.174 through 469.179; have been submitted to the Fridley Planning Commission (the "Commission"); and WHEREAS, the Commission has reviewed the Plans to determine the consistency of the Plans with the Comprehensive Plan of the City: NOW, THEREFORE, BE IT RESOLVED by the Fridley Planning Commission that the Plans are consister►t with the Fridley Comprehensive Plan and the Commission recommends approval of the Plans to the Fridley City Council. PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF FRIDLEY THIS 11TH DAY OF JULY, 1990. DONALD BETZOLD - CHAIRMAN ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 2E �. / 2F FRIDLEY HOUSING �IJD REDEVEIAPMENT AUTHORITY i�2A COUNTY OF ANOKA STATE OF KINNESOTA RESOI�JTION NO. RESOLUTION APPROVING REDEVELOPMENT PRATECT 1�ND TAX INCREMENT FINANCING DISTRICT PLANS BE IT RESOLVED by the Board of Commissioners (the "Board") of the Housinq and Redevelopment l�uthority in and for the City of Fridley, Minnesota (the "HRA"j, as follows: Section 1. $ecitals. 1.01. It has been proposed that the iIIZA enlarge its Redevelopment Project No. 1(the "Redevelopment Project"); amend the Modified Redevelopment Plan for th� Redevelopment Project; amend the Tax Increment Financinq Plans for Tax Increment Financinq District Nos. 2 throuqh 10 currently existinq within the Redevelopment Project; and establfsh a new Tax Increment Financing District No. li �rithin the Redevelopment Project nnd approve the related tax increment financinq plan (collectively, the "Plans"); all pursuant to and in conformity vith applicable law, including Minnesota Statutes, Sections 469.001 throuqh 469.047 and 469.174 through 469.179; all as reflected in that certain document entitled in part "Amendments Relatinq to Redevelopment Project No. 1," dated July 23, 1990, and presented for the HRA's consideration. 1.02. The Board has investiqated the facts relatinq to the Plans and has caused the Plans to be prepared. 1.03. The I�2A has performed all actions required by lav to be performed prior to the adoption and approval ot the Plans. The HRA has also requested that the Fridley City Council hold a public hearing on the Plans and that the Fridley Planninq Commission provide written comment on the Plans. ' • � • • • - � • � • • 1 - � • � • • • • � - -_ f 2.01. The I� hereby finds thnt Tax Increment Financinq District No. 11 is in the public interest and is a renewal and renovation district, as defined in Minnesota Statutes, Section 469.174, Subdivision l0a (Laws of Kinnesota 1990, Chapter 604, Article 7, Section 6), because the followinq conditions are met �� 2G and are reasonably distributed throuqh the District: (1) p arcels consisting of et least 70� of the area of said District are occupied by Duildings, �treets, utilities, or othez improveIDents; (2) 20� of the building s are '�tructurally substandard" (within the meaning of Minnesota Statutes, Section 469. 174, Subdivision 10(b)); and (3) at least 30� of the other buildings re�onditions �ubstantial renovation or clearance to remove existing such as or giving rise to incompatible uses and land use zelntionships, console=a�=affic aanagement andesafety planning. development, and pr p 2,p2. The Board further finds that the proposed development would not occur solely throuqh private investment within the reasonably foreseeable future and, theref�a� �e Plansfconform increment financinq is deemed necessary. to the general plan ior the development or redevelopment of the City as a vhole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of the Redevelopm=ivate�enterprisef Tax Increment Financing District No. 11 by p 2.03. The Board further finds that the Plans are intended and, in the judgment of the Board, their effect will be, to promote the public purposes and accomplish the objectives specified in the Tax Incieanat�enModified1RedevelopmentCPlannfor Financing District No. 1 Redevelopment Project No. 1. Section 3. A�Aroval and �do�tion of the Plans: Ot er �atters. 3.01. The Plans, as presented to the HRA on this date, are hereby approved, established, and adopted; provided that the foregoing approval of thelan andndistrictpisnconditionedgupon he tax increment financing p approval thereof by the City Council following its public hearing thereon, but upon such approval ttaff of the HRA chall request the Anoka County Auditor to certify the new tax increment financing district. Adopted by the Board of�imm;9th daysoffJuly,F1990eY Housing and Redevelopment Authority Commissioner moved the adoption of the foregoinq resolutias�d lhes conded�by �e adoption of thel foregoing resolution w Y E :� i f � and upon vote beinq taken thereon, the followinq vated in tavor thereof: and the following voted aqainst the sames _ 3obt 2H � � c�nroF F�� C41�/LMUNITY DEVELOPMENT DEPARTIVIENT M EMO RAN D L[M DATE: July 19, 1990 �- TO: William Burns, City Manager �(� FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator Michele McPherson, Planning Assistant Second and Final Reading for Lot Coverage Requirements in the M-1 and M-2 Districts First reading of the ordinance occurred on July 9, 1990. Questions were raised as to the clarity of the ordinance regarding the increase of lot coverage. The City Attorney and Planning staff reviewed the ordinance, and we have revised the ordinance to make it clear that the increase in Iot coverage is based on the total lot area, and not the percentage of building coverage (see attached). We have included a phrase in another part of the lot coverage section, making it clear that the addition 10 percent requires a special use permit and is based on the total lot area. The attached ordinance reflects the proposed changes. Second and final reading is recommended. BD/dn M-90-494 �C� ORDINANCE NO. ,__ AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205 ENTITLED "ZONING", BY AMENDING SECTIONS 205.17.03 AND 205.18.03 The Council of the City of Fridley does ordain as follows: 205.17 M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS 3. LOT REQUIREMENTS AND SETBACKS C. Lot Coverage. (1) The maximum percent of the area of a lot allowed to be covered by the main building and all accessory buildings is as follows: ( a) One (1) Story - f orty percent ( 4 0�) maximum� ��ftv �ercent 150�) with a s�ecial use nermit �s �rovided in (4l below. (b) (c) (d) Two (2) Story - thirty-five percent _(35�) Three ( 3 ) Story - thirt vercent (30$) maximum� Four (4) Story - twenty-five percent (25�) maximuml thirtv-five vercent 135�) with a special use permit in (4) below. (e) Five (5) Story - (f) percent (20�) maximum� as orovided in (4) below. Six (6) Story - fifteen percent (15$) maximum� ----. ... - -------, .,�„ (2) The above lot coverage will be subject to other considerations including parking and open space requirements, use of facilities, and proximity to other districts, which may decrease the maximum lot coverage. (3) The lot coverage may be reduced by the City if and when there is provision for underground parking within the main structure provided that the lot coverage shall not be more than forty percent (40�) . 3A Ordinance No. Page 2 � (4) The lot coverage as stated in (1) above may be increased up to a maximum of ten percent (10�) of the lot area upon obtaininq a special use penait. In addition to the requirements of this Section and the factors identified in Section 205.05.04 to evaluate special use permit requests, the City shall consider the following factors in determining the effect of the increase in lot coverage: (a) For existing developed properties, the total amount of existing hardsurface areas shall be evaluated to determine whether a reduction in the total building and parking coverage can be achieved. (b) The petitioner shall prove that all other ordinance requirements are met, including but not limited to, parking, storm water management, and landscaping. 205.18 M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS 3. IAT REQUIREMENTS AND SETBACKS C. Lot Coverage. (1) The maximum percent of the area of a lot allowed to be covered by the main building and all accessory buildings is as follows: ( a) One (1) Story - f orty percent ( 4 0�) maximum� €ift� vercent (50�) with a special use vermit �s vrovided in (4) below. (b) Two (2) Story - thirty-five percent (35$) maximum, fourtv five ,percent (45�) with a ,�pecial use �ermit as �rovided in (4) below. (c) Three ( 3) Story - thirty percent ( 30� ) maximum� - - - -- • - �L — ----- _� .....e .,e,�-.n;+ (d) Four (4) Story - twenty-five percent (25�) maximum. thirtv five vercent (35�) with a a�ecial use �ermit in (41 below. (e) Five (5) Story - twenty percent (20�) maximum� thirty vercent (30�) with a soecial use oermit as �rovided in (4) below. (f) Six (6) Story - fifteen percent (15$) maximum� twenty five oercent (25�) with a svecial use germit in (4) below. Ordinance No. Page 3 (2) The above lot coverage will be subject to other considerations including parking and open space requirements, use of facilities, and proximity to other districts, which may decrease the maximum lot coverage. (3) The lot coverage may be reduced by the City if and when there is provision for underground parking within the main structure provided that the lot coverage shall not be more than forty percent ( 40� ). (4) The lot coverage as stated in (1) above may be increased up to a maximum of ten percent (10�) of the lot area upon obtaininq a special use permit. In addition to the requirements of this Section and the factors identified in Section 205.05.04 to evaluate special use permit requests, the City shall consider the following factors in determining the effect of the increase in lot coverage: (a) For existing developed properties, the total amount of existing hardsurface areas shall be evaluated to determine whether a reduction in the total building and parking coverage can be achieved. (b) The petitioner shall prove that all other ordinance requirements are met, including but not limited to, parking, storm water management, and landscaping. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: July 9, 1990 First Reading: July 9, 1990 Second Reading: Publication: 3C 3D C. Lot Coverage. (1) The maximum percent of the area of a lot allowed to be covered by the main building and all accessory buildinqs is as follows: (a) One (1) Story - forty percent (40�) maximum: f�ftv percer _ _ ... __ _, ____ __.....:� s� .,,..,�;�p� in f41 below. (b) Two (2) Story - thirty-five percent w(35�) - • • -- -- -, .. �,,,., L4) below. (c) Three (3) Story - thirty percent (30�)c max below. (d) Four (4) Story - twenty-five percent (25�) maximum: thirtv- five percent (35$) with a svecial use Dermit in (4)_below. (e) Five (5) Story - twenty percent (20$) maximum: thirtv percent (30�) with a svecial use Aermit as �rovided in (4) elow. (f) Six (6) Story - fifteen percent (15�) maximum: twenty-five percent (25$� with a special use vermit in (4) below. (2) The above lot coverage will be subject to other considerations including parking and open space requirements, use of facilities, and proximity to other districts, which may decrease the maximum lot coverage. (3) The lot coverage may be reduced by the City if and when there is provision for underground parking within the main structure provided that the lot coverage shall not be more than forty percent (40�). � The lot coveraae as stated in (1) above mav be increased u� to _ _ _ ,.e . _r iL_ , ..a s,..e� �, t�, a snecial 11SE ermiL. �� GU�.il�.ivaa ..., .....- factors identified in Section 205.05 04 to evaluate s�ecial use — • - - - - - --- �_� �s... c.,� �.,m,r,n factOrs � Where oss nle or ex�� l� �G-�y� ��- -- -- - 'ncrease in lot coveraQe shall be balanced bv a reduction in other existina hardsurface areas, such that the total buildina and parking coverage is reduced� � The �etitioner shall prove that all reauirements, includina but not limited to varkina storm water manaaement, and �andscavina are orovided. � � cinroF F� �� C011�1lVlUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: July 19, 1990 `�%� �1' TO: William Burns, City Manager�• FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second and Final Reading of an Ordinance Adopting Reduced Parking Stall Width and Requiring Double Striping Attached is the ordinance for second and final reading to reduce parking stall sizes to 9 feet in width in the R-3, M-1, M-2, and S-2 zoning districts. The ordinance also requires double striping for both 9 and 10 foot wide spaces. First reading of the ordinance occurred on July 9, 1990. Second and final reading is recommended. BD/dn M-90-493 4 4A ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205 ENTITLED "ZONING", BY AMENDING SECTIONS 205.03.55, 205.09.05, 205.17.05, 205.18.05, AND 205.22.06 The Council of the City of Fridley does ordain as follows: 205.03. DEFINITIONS 55. Parking Stall. A ten (10) foot wide by twenty (20) foot long area to store one (1) automobile, which has access to a public street or alley and permits ingress and egress of an automobile. Parking stalls may be nine (9) feet in width for uses specified elsewhere in this code. Where a parking stall abuts a curb or sidewalk, the length may be reduced to eighteen (18) feet. Parking stalls shall be striped in accordance with the design on file in the office of the City Engineer. 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS 5. PARKING REQUIREMENTS D. Design Requirements. (12) Parking stalls may be nine (9) feet in width for multiple dwellings and multiple dwelling complexes, including rental and condominium apartments. 205.17 M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS 5. PARKING REQUIREMENTS D. Design Requirements. (13) Parking stalls may be nine (9) feet in width for manufacturing uses, warehouse and storage uses, speculative industrial buildings, and parking lots for long term employee parking. 205.18 M-2 HEAVY INDUSTRIAL DZSTRICT REGULATIONS 5. PARKING REQUIREMENTS D. Design Requirements (13) Parking stalls may be nine (9) feet in width for manufacturing uses, warehouse and storage uses, speculative industrial buildings, and parking lots for long term employee parking. Ordinance No. Page 2 205.22. S-2 REDEVEIAPMENT DISTRICT REGULATIONS 6. PERFORMANCE STANDARDS All performance standards for uses in this district shall be comparable to other similar uses that are allowed in other districts. Parking space sizes may be reduced to nine (9) feet in width upon approval of a special use permit. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHZRLEY A. HAAPALA - CITY CLERK Public Hearing: July 9, 1990 First Reading: July 9, 1990 Second Reading: Publication: . - 5 FIRB DEPARTKENT MEKORANDIIM KEMO TO: 1PILLIliM W. BIIRNB, CITY MANAGER �%.`� �• FROM: RICBARD I�ARSON, DEPIITY FIRE CHIEF QfV� DATE: JIILY 20, 1990 SIIBJECT: FIRE COD$ AMENDMENTB TO THE CITY CODE Attached is the ordinance amending Chapters 108 and 11 of the Fridley City Code relating to the Uniform Fire Code. At the first reading on July 9, 1990, a question was raised regarding the correctness of a percentage in Section 108.03. The correction has been made, and second and final reading is recommended. /rsc 5A •}' � I I� M • •,' � � /• M ' �� 1 1 ' �� M •� � � I• • �I' I : �, �1 � �' � •. . • • �'�� ' �1 • • I M I 81 � 1 • ►• - �I • � : � � �- � • � � � ia � r� - �- � : � •�r i�� • ia� � � • r• • �• � �� a. �e City Crnuzcil of the City of Fridley doe.s ordain as follows: Prior Chaptrex 108 oodified April 10, 1980 is iyereby repeal.ed in its exitiretY• New Chapter 108 is addptsd as follvws: 108.01. FIRE PRE�III�fI'I�i AND OOiV'IROL POISCY STATII�IT. It is declared to be the policy of the City of Fridley to vigorau.sly pro�nte the safety a�xl welfare of its citizens. In this context, the traditional approach to fire seYVioe — su�pres.sir�g fires onoe ignited, rescuing survivors, ar�d too f�uentlY ex�oSincJ firefic�ters to physical d�r�ger ar�d death, all at a disportionately hic� oc�mainity inv� of resouroes in a�anpower ar�d eq�iiPmer►t -- is declared unaooeptable for F�idley. l�ther, it is the fire safety policy of the City of Fridley to efficiently utilize its r�esauroes ar�d �x?-m? ze life, safety ar�d citizen wplfare by requiriryg tl�at fire preverYtion and extinguishing systen� be built into oertain new structures. Zlius, the effectiveness of the Fridley Fire Depaz�trnent is enhar�oed at�d extex�ded at a lawer oost to the citizenry, life safety is allocated a priority at least as great as praperty protec.�tion, ar�d the awner oost of built-in fire prot:ection is partially or wholly repaid in savings on initial oonstruction oosts ar�d annual fire insur'anoe premiinns. 108.02. AD�FTION OF F�2E PRE�III�TI�T QODE Minnesot.a Uniform Fire Oode Adapt�ed. Zhe Minnesota Uniform Fire Prevention Code, as proa�ailgated by the Minnesota Depar�nent of Public Safety, and embodied in Chapter 7510 of the Rules ar�d Reg�lations of the State Fire Marshall Division i.s hereby adopted by referenoe azrl made a part of this oode, hereafter referred as NA7F�C exoept for those provisioun.s of said oode am�'�ded, modified or cleleted. (Ref 329, 475) 108.03. USII2 S�URQ�,RGE 1. Fire Departinent User �ge. A surd�arge equal to .1� (1/10�) of the buildir�g �m+;t valuati� of each buildirig permit issued shall be oollect�ed at the time the buildir�g permit is issued. 2. Installation Fees. Installation fee.s arr3 permits shall be required for the follaait�g: Auto Sprinkler Systett�s Fire Alarm Systems Rest,aurant Hood �ct. Systeln Page 2 5B t Fees. v�e�n pezmits are required in the Articles of the Unifozm Fire C�ode arid in o�ther portions of this oode, the Chief of the Fire Depar�nent sha11 oollect fees in a000rdanoe with the schedule set forth in Chapt:er il of ti�e City Oode of F`ridley. 108.031. Fee Sc�iedule. . �he fees as pravided in this ordinanoe shall be anrn�ally revie�red ard presented to the City Oa�uicil arid shall be oonstructed so as to insure prq�r c�aYges for servioes rendered. 108.04. FIRE 108.041. No fire exti:nguisher, required by the Fire Prever�tion Bureau, shall be dee�ned aooeptable unless such extinguisher has be�l approved by arid carries the ratir�g label of the LTrrlexwritexs Iaboratories or Fachory Nlutuals. 108.042 All required fire ext;*�►�ichers shall be maintained in aoo�rd,anoe with N.F.P.A. �• #10 er�titled, Std. for Pbrtable Fire exti�,ishers. ed 1975• (EXoeption - apartmeizts every tw� years . ) 108.043. 'Ihe rechargirig of chemically activated harx� fire ext;r,rm�?;y,r►P,-� shall be aoa��li.shed by pei�sons who are skilled arxl oo�npetent in such wnrk, inclwdirig oertified firms or irXiividuals who are actively exg'aged in the i�usiness of fire extinguisher servicing in the area arid by such other persons who have been approved by the c�ief of the Fire Prnverition Bureau, such as persons wYio by training ar�d qualificatioa�s are able to perform such servioe (Ref. 262.) 108.05. EXPL(J�SIVF� 108.051. P�ermits for the use of e�losives shall be abtained frcan the Polioe Department. (Ref. 475.) 108.052. No person shall pos�sess, store, keep, sell or offer for sale, or give away, use, discharge or tYansport ariy explosives in the City exc�ept by th,e authority of a written permit as specified abwe ar�d reoce�unended by the Fire Prevention Offiver. 108.06. FIRE IANFS Zhe Fire Prevention Chief or his duly authorized assistant shall be e�owpx�ed to order the establisYm�ent of fire laries oaz public or private praperty as may Page 3 be ryeoessaxy in order that the travel of fire equipment may nat be ing�eded or interfered with, ar�d that aooes.s to fire hydYants ar�d b�uildirgs may not be bloaked off. i�en a fire lane has been ordered to be establisYied, it shall be marlc�ed by a sign beariryg the woYds "No Parkirrg - Fire Iane" or a similar m�SSage. �en such fire lane is establistied on public proQerty or a public ric�t of way, tl�e naoessary sicpz or signs shall be pravided by the City of FYidley, arid when o� private praperty, tibey shall be erectsd azd maintair�ecl by the vwner at his expens�e. Such signs shall be i.nstalled within (30) days aft�x no�tification of the order. 'Ihereafter, r�o person si'�a11 park a vehicle or athei�aise oocupy or abstruct a fire lar�e. (Ref. 423, 640. ) � • 1 • M• . ..• � � � �. Zhe educational, institutional arid the follvwirg residential ooca�pancies -- hotels, dozmitories, lodging and z�oomir�g homes, apartrnex►t buildin4s having more than faur ( 4) units shall have local prot�ective alarm syst:ems . 108.071. Fbr the purposes of this Code, educational, institutional and the follvwir�g residential oocupancies -- hatels, dormitories, lodging ar�d rocgai.ryg homes -- as defined in the N.F.P.A. Std. 101, refe.rr�ed to as the Life Safety Qode, shall be quip�ed with a Local Protec�tive Signalir�g S�stem in aoco�r�oe with N.F.P.A. Std. 72A. 108.072. Fach alarm system installed in the oocupancies listed in 108.071 shall inadediately, when activated by arYy means, so�md a general. alarm signal thraighout the buildirg ar�d sin�ultanea�sly signal an alarm oor�ditian to the Anoka CauntY �rgerx-3' Coa�u�a.u�ications CQnter or other C�t�r approved by the City of Fridley. Zhe alarm shall be so equipi�ed as to signal th�e II�rge.ncy C�mainications Center when the alarm is activated or when there is trauble in the alarm system or when the pc�w�r sup�ly is shut off. 'Ihe Dnexgexx.y Carnnunications Center shall innnediately advise the FYidley Fire Departr�nt of any such signal. The pawer supply off may be tran��mitted as a trouble signal. 108.073. Eacn oocuparx.y as aefined in ios.o71. snall be requirea to location in riear proximity to the alarm pvwer supply switch a that the Fire Depart�nent shall be r�atified prior to shut down P�w�ex' SuP'P1Y • 108.074. post in a p�ninent sign indicatirig of the syste�ns Rhe required sign shall be as follvws: Not less than 6" x 10" with a red bacJ�uxl arr3 white letteririg ar�d shall read: �TaTG - Fire D�nt will respoY�d if alarm syst�en► is deactivated. C�11 427-1212 before w�rkir�g oai alarm syst�n (Ref . 709.) 5C 108.08. 108.09 �.r: �4a�:��1 Page 4 rj � • a�•� � • ��' �• �� Subject iTFC Article 31 - Tire Rebuildir�g Plants UFC Article 34 - Aut�o Wrecs�irig UFC Article 74 - �ressed Gases UFC Article 76 - Grain Elevators UFC Article 78 - Fit�.�anrks UFC Article 45 - S�rayfinishit�g UFC Article 79 - Flaneoable Liquids UFC Article 75 - Cryogenics UFC Article 79 - R�moval of Undergrour�d Tank-s UFC Article 47 - Ftanigation UFC Article 80 - Hazardaus Materials UF�C Article 29 - Repair Garages UF�C Article 82 - L.P. Gases UFC Article 30 -?�er Yaids & Woodworking UFC Article 10 - Restaurant Flood Sjrst� UFC Article 11 - Burnir�g P�ermits UF�C Article 26 -&xalir�g Alley Ref . � Sprinkler Syst.ems Fire Alarm Inst. 1 • I • �I'� 1 �i�. ►• :i ' •,� � �1� 1 • ►• • �1• • i I •� � General Provisioa�s ar�d Fees Section 11.10 is amexxied as follvws: 11.10 F�ES O�DE SUfi7DCr 108 Fire Alarms Installation 108 108 108 108 108 108 108 Sprinkler Systems Tire R�buildir�g UFC Article 31 Auto Wrecking UF�C Article 34 Refinishing (Bcrwling Alley) UF�C Article 26 Ccs[�ressed Gases UF+C Article 74 Gra�r1 F�levat�or5 UFC Article 76 Fix�anrks � $ 50.00 $ 20.00 1st 10 heads $ 2.00 each 10 there.after $350.00 $300.00 $ 65.00 $ 50.00 $200.00 $ 50.00 Page 5 5E 108 108 108 108 108 108 108 108 108 108 108 UFC Article 78 Restaurant �t. Sys� UFC Article lo SPraYfin;sh?*� UFC Article 45 Flaa¢nable Liquids UFC Article 79 Gyrogerlics UFC Article 75 Un�clerground Tank R�maval UFC Article 79 FLnnicJdtion UFC Article 47 RepaiY' Gara9es UFC Article 29 Hazardous Materials UFC Article 80 Storage Tank Installation (L.P.) UFC Article 82 0-10,000 gals. 10,000 & � gals. Mi.xer' Vaporizer Fibex Yards & Woorlraorking ITFC Article 30 B�nirig P�ermits UFC Article 11 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 75.00 per site $100.00 $ 50.00 $100.00 $ 75.00 $100.00 $ 25.00 $ 25.00 $ 50.00 $ 75.00 �� • � � �� : r i •r «■ • r i w • - �� r �� .� WTT T:f�t J. 1�E - NAYOR ATI�'ST: SHII2IEY A. HAAPAPA - CITY CLII2K First Readis�g: Seoond Readirg: Publication: DAY OF � C011/LMUNITY DEVELOPMENT' 6 � DEPARTMENT , ci�roF F�a-� MEMQRANDUM DATE: July 17, 1990 � �i� TO: William Burns, City Manager,�' FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant BIIBJECT: Special Use Permit Request for Maaco Auto Painting and Bodyworks for Outdoor Storage, SP �90-09 At the July 9, 1990, meeting, the City Council tabled action on the above referenced request. A number of issues were raised regarding the City�s contract with Shorty's Towing and its relationship with Maaco Auto Painting and Bodyworks. Please see the attached memorandum from Jim Hill, the Public Safety Director, regarding the City's current contract with Shorty's Towing. Shorty's Towing has indicated to us that they do not receive any "referral fee" at this time, nor do they intend to in the future. However, should the Council want to impose this condition on Shorty's Towing, it is recommended the contract be amended and approved by the Council at a future meeting. In order to resolve the other concern regarding outdoor storage on the property in general, we have contacted the new tenant (Discount Tires) regarding the illeqal outdoor storage of tires and a trailer, as well as an illegal sign. We also recommend that as a stipulation to this request, the special use permit pertain to Maaco Auto Painting and Bodyworks specifically. Recommendation Staff recommends that the City Council approve the special use permit with the following stipulations: 1. Vinyl slats shall be installed for screening purposes. 2. The fence shall be no higher than 8 feet tall as outlined by the Zoning Code. � 3. The sod shall be removed and replaced with class 5 gravel with some type of liner or barrier between the qravel and the ground to protect the ground from leakage. . ' Special Use Permit for Maaco Auto Painting and Bodyworks July 17, 1990 Page 2 4. This special use permit applies solely to Maaco Auto Painting and Bodyworks. This special use permit cannot be transferred to a future tenant without the approval of the Planning Commission and City Council. BD:ls M-90-500 t �� F � ..� .,� �,, ' c � ��`r � ATE ROM UBJECT Y 12 POLICE DEPARTMENT TOWZNG CONTRACT City of Fridley M innssota r � MENIORANDUM �. TO BARB DACY BILL BURNS j,+ Attached is the towing contract you requested. � INFO X As you can see, this contract was entered into in 1974 and is continuous unless cancelled by either party with thirty (30) days written notice. The only significant change would be inflation rate increases during the normal course of business. �i We have been advised by the City Attorney's office that inflation rate increases during the normal course of business can be considered an implied amendment to the contract unless challenged. We have done a current rate survey which reflects Shorty's to be charging normal and customary rates. (attached). I also checked with the State Patrol regarding towing contracts and learned there were none. Any tow company that wishes to be called by the State Patrol so advises. The State Patrol inspects their equipment and rates. If the rates appear normal and customary, the tow company is placed on the call list. In the Fridley area Shorty's is on the call list. In Fridley, Shorty's is always called for police tows. Accident tows, not involving arrests, are considered private tows and no police forms are completed. Accident victims are free to request their own tow company. In most cases Shorty's is called since the victim has no preference or they request Shorty's. On 7-12-90 I talked to Roger Schurr regarding the 10$ finder fee allocation. Roger stated he did not know where that was coming from and that he has not, nor would he accept any type of kickback. Upon further discussion with Roger, he stated that about 5-8 years ago he was in need of storage space and contacted Fridley Auto Body and Maaco for possible storage. Roger speculated this may be the source of the comment. Roger said he did store a few vehicles at Fridley Auto Body until he moved from University. Roger had said that the accident victims are asked where they want their vehicles towed and if they request a non specific body shop they are advised of all the body shop locations in Fridley. I checked with some police officers and supervisors on the Maaco question. None had any knowledge of Shorty's towing vehicles to Maaco. JPH/sa 0 0 sc • 6D ' Contract For Tl�e 7'owing, Storagc and Impounding Of Vchicles For The City of Fridley This Agreement, nade and entered into this ' 1P h _ day of �ovember, 1974, by and between Shorty's Towing Service, 5755 University Avenue, N.E., Fridley, Minnesota, hereinafter refcrred to as the contractor and the City of Fridley, a municipal corporation with offices at 6431 University Avenue, N.E., Fridley, Minnesota, SS432, hereinafter referred to as the City. . y M'HERcAS, the contractor has proposed to do to��ing and storage of police impounded automobiles and automobiles determined to be, - and found to bP, in violation of the Fridley City Code or ordinances and the State Statutes; AI�D ir'tiF.REAS, it is in the best interests of the City tha� the contractor shew responsibilit�.� o the City and the public and inclicate the charges and rates for towing and storage of•motor vehicles; AIvD {VHEREAS, it is the intention of the City and the contractor tliat this agreemeat stiall run for the period of a year from November 19, 1974, to rovember 19, 7.976: NOti�', THEREFORE, IT IS biUTUALLY AGREED: 1. That the contractor ti.ill do towing, removal, and storage of vchicles promptly upon the order of the Police Depurtment of the City. 2. That the contractor agrees to co:nply with Fdministrative policies and procedures established by the Police Dcl�artment of the City vf Fridley �aith respect to record keeping, control and rele�se of impot�nded vchicles. 1 .Tr. ° 3. The contractor shall maintaiii e7t}�er indoor or outdoor stora�e for at least twenty-two (22) vehicles. It shall be the responsibility of the contractor to provide additional outside storage if needed to meet storage volume requirements. The out- side storage yard shall be screened in accordance with the policy established by the City Council of the City of Fridley and all. storage shall conform with the City of Fridley Code (Ordinances) and Minnesota State Statutes. 4. The rate per day for inside storage shall be $4,00. The rate per day for outside storage shall be $3.00. Towing rates shall be uniformly charged to all owners of vehicles. The rate � . for towing shall be as follows: � � Accidents $ 18.00 per hour Nonaccidents - day call� � 10.00 per call Nonaccidents- night call $ 15.00 per call Dolly Service $ 10.00 additional charge ' Sno►.�nobile �.� � 8.00 per ca12 Sno�a-bird:, $ I0.00 per ca12 Trailer FSotorcycl e Police Cars Cancelled Call Tow to Recyclin� Center Regular Dollied $ 10.00 per ca12 $ 12.-00 per call �^ NC $ 7.50 per call $ 15.00 per call $ 20.00 per call Storage charges shall commence the day follo►aing day of impoundment. 5. The contractor will assume full responsibility for the collcction of all fces involved with tlie towin4, remo�al, or storage of any vehicle. 2 6E 6F 6. The City shall not be liablc, or responsiblc, for any towing or storage fees or for any unpaid fee for storage or towing with the followin� exceptions: A. On City ordered tows of abandoned.rtotor Vehicics as defined in the 1973 Fridley � Code 114.02, the City guarantees payment of towing charges in accordance with the contract rates. In addition, the City will pay the contractor storage under contract rates not to exceed the amount � � received fro� sale of such vehicle at � ' public auction, less to«ing charges. ' B, The City guarantees towing charges in � accordance with contract rates for .' vehicles ordered towed for evidentiary purposes, by the Fridley Pol�ice to � locations other than the contractor � storage facilities. � . 7. The contractor agrees to abide by applicable Minnesota Statutes and City ordinances in controlling and disposing of impounded vehicles. The contractor also agrees to hold all unclaimed . abandoned �iotor Vehicles as defined in the 1973 Fridley City Code 114.02 at least fifteen (15} days or until such time as disposed of by the i City of T'ridley. Abandoned biotor Vehicles to be available within the � City Limits of Fridlcy at specified date and time of sale. 8. T}�at the contractor shall maintain at least one (1) wrecker . available to the Policc Department of tlie City of Fridlcy for er�ergency call for a full twenty-four (24) hour service for tlie purpose of towing, removal, or storage of vehicles. Such wrecker shall be not less 3 than 8,OG0 lbs. gross wcight, cquippe� with cranc and wincl� as defined sG in hlinnesota Statc Statutes, 19(�7, 169.01, Subdivision 52. 9, That the contractor agrees to have an individual avai2able on call fron 8:00 A.M. to 9:00 P.�f. (to Dtidnight in cases of emergency) daily to return vehicles impounded within one (1) hour after request by the owner. � 10. That the contractor agrees to assume liability for the dis- appearance of any vehicle, or parts thereof, for which release was not secured in accordance with Minnesota Statutes, Fridley ordinance or administrative release provision estblished by the Fridley Police Department. „11. The contractor agrees to conduct all transactions with individuals whose automobiles have been to��ed in at the request of a City representative, in a polite, courteous, and businesslike manner . and will inform the individual of towing charges, not to exceed towing charges specified in this contract, for towing in conjunction with City requests. The contractor shall post in a prominent iocation in his place of business a list of�'charges as contained in this agreement. Upon request, the contractor or his employees shall present a list of charges to individuals whose automobiles have been towed. 12. The contractvr agrees that tl�e towing business will not be operated from a home or in a residential area. ' 13. That the contractor agrees and understands that he is exempted from the City ordinances only to park one (1) wrecker in his driveway or garage or in the drit�eway or garage of an authorized employee in a residential area and then only during thosc hours his normal place of business is clo�cd. 4 � F� �•liJ 14. That the contractor shall carry liability, property da►nagc and fire insurance wliich shall contain covera�e in an amount not less than �100,000 to any one person and not less tlian �300,000 total in any one accident, and not less than $10,000 fire and property �1�+a8e coverage, and �rhicli shall contain a clause providing for a ten (20) day notice to the City before cancellation, and shall file evidence of said coverage with the City Clerk in a form approved by the City Attorney. If the policy of insurance referred to in this Section is cancelled, the contractor before Lhe date of expiration, shall furnish and file a similar new policy. Failure to file a new policy shall give the City the right to provide such insurance and surcharge . the contractor for the cost of such insurance or bond. 15. The acts otherwise prohibited by the terms of the contract shall be permitted if done at the written direction of the City Manager or his designee where necessary to preserve evidence, transport the vehicle for sale, or alleviate a hazard to public safety. rothing in this contract shall prevent�or preclude authorized law enforcement officials from working on or investigating a vehicle in storage while . performing their official duties. 16. That the City hereby expressly disclaims any and all 2iability , for damage to or loss of vehicles from date and time order is given to the contractor by the Police Department for the impounding of any vehicle. - C 17, That the contractor further asrees tl�at this contract shall remain in farce for a period of twenty-four (24) m�nths from date of contract unless cancelled by either party giving written notice of cancellation thirty (30) calendar days in advance. lg, The contractor agrees that this contract shall remain in force for an indefinite period beyond the twenty-four (24) month period unless cancelled by either party by giving thirty (30) days written notice of such cancellation. DAY OF • NovPr�ber � � Y974' AGREED TO THIS _. 1Rth � . (SEAL) 1Vitnesses si CONTRACTOR ,� ��' ./� . ./ gY ✓ � By: 1�itnesses CITY t�F FRI�LEY . ^ � f / ,, ��, �y; �► � ayor �% �i.�.� < - • �.;'� l ' � B ' City rfanager � C �r � ' <E �' ='� C y ' 0 0 �'' - JIILY 1990 TOWINa CONTRACT BIIRPEY Columbia Heights Police Department Sroga's Towing - 789-4245 $35 Tow 10 Admin. Fee 10/day storage $55 plus tax St. Anthony Police Department Scroga�s �owing Same as Columbia Heights � 0 New Brighton Police Department Sroga's Towing Same as Columbia Heights plus an additional $10 Admin. Fee that the City of New Brighton imposes. • �� laine Police Department Blue Tow - 786-9020 (south half of city). $40 Tow 10/day storage + mileage Auto Medics - 784-7501 $40 Tow 10/day storage Fridley Police Department Shorty's Towing $35 Tow 5 Admin Fee 12/day storage $52 6J All of the tow companies have various charges for additional services such as use of a flatbed truck or a dolly. Shorty's has a per hour fee for tows that require extra work such as winching a vehicle out of a ravine. The above listed charges represent some standard comparable charqes for a nnormal" tow. The storage fee is payable from the time the vehicle is hooked up nnd taken to the lot. y . 6K _ � s� � STAFF REPURT APPEALS DATE ��QF' pLAMWG COMNNSSION DATE : June 20, 1990 FRiDLEY CITY COI�iCIL DATE : July 9, 1990 AuTHOR ��an_ REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION i I S1TE DATA S1ZE OENSITY PRESENT ZONING ADJACENT LAND USES $� ZONNCa UTL.RE$ PARK DEDICATION I ANALYStS I FINANCIAL MAPLICATIONS CONFORMANCE TO COMPREhIENSNE PLAN COMPATlBILlTY WlTH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIQERATiONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISStON RECOMMENDATION SP ��90-04 Phillip Leffel dba Maaco Auto Painting and Bodyworks Al1ow outside storage of vehicles � t00 Osborne Road N.E. 167,800 square feet M-2, Heavy Industrial M-2, Heavy Industrial to the East, South, and North; R-1, Single Family Dwelling and C-2, General Business to the West. Yes iies Approval Approval �•1►'/ I Staff Report SP #90-09, Leffel Inc. for Maaco Page 2 Request Phillip Leffel of Maaco Auto Painting and Bodyworks is requesting a special use permit for the outside storage of cars related to the auto painting and bodyworks facility. ite This request is located on Lot 2, Block 4, Commerce Park, generally located at 100 Osborne Road N.E. Located on the lot is a multi- tenant building with Maaco occupying the southeastern two tenant spaces. The parcel is zoned M-2, Heavy Industrial, as are parcels to the east, south, and north. The Burlington Northern railroad tracks are located to the west of the parcel with R-1, Single Family Dwelling, and C-2, General Business, zoning to the west of the railroad tracks. Analvsis The petitioner is requesting that the special use permit be issued in order for him to fulfill contractual obligations with Shorty's Towing. Section 205.18.O1.C.(12) of the zoning code allows outside storage of materials and equipment with a special use permit. Shorty's Towing has a contract with the City of Fridley to tow accident vehicles to a secured area. Maaco's contract with Shorty's allows them to act as a"satellite lot" for Shorty's. The petitioner is proposing to fence a space 48 feet by 80 feet adjacent to the southeast wall of the building, which is adjacent to Maaco's tenant stall. The fence is proposed to be constructed of chain link. Currently, this area is grassed and curbed. While not highly visible from the public right-of-way, staff recommends that appropriate screening be required with approval of the special use permit. Recommendation and Stipulations As the proposed storage area is relatively small and is not highly visible from the public right-of-way, staff recommends that the Planning Commission recommend approval of the special use permit request, SP #90-09, to allow the exterior storage of vehicles and equipment with the following stipulations: 1. Vinyl slats shall be installed for screening purposes. 2. The fence shall be no higher than 8 feet tall. 6N Staff Report SP #90-09, Leffel Inc. for Maaco Page 3 �lanning Commission Action The Planning Commission voted unanimously to approve the special use permit request. As a condition of approval, the Commission added a third stipulation: . 3. The storage area shall be excavated, lined with plastic, and 6 inches of class 5 material shall be installed. City Council Recommendation Please refer to stipulations in cover memo. � � � � /D, T 30, R. 24 �F l�R/OL EY ;�� ,' � � ' :-•/. � i" �' �x, �' ^~ ��"��• ;, �- : V� , �� _ �'. ' f� ~J/' ' •� O ' p It v � ' 1 N[ wnE� L��_J fc /O -A11E�E--:� _. . �- \� 'c � \� \ � �\{l ; ''� \;� `•. � \�" � �, `p�' enun�w. ni w PLAT N0. 2� 14 �1 t� � l ►` � ; ��1` ;,zzo�� _ !f� ♦ ' O R#�� N.E. io SP ��90-09 Phillip Leffel 60 iNK K � C'O�Mrt,�iD►+ G 11IFy Ay�(Af IN TIIE I+/C� o�s ,�nrc r�rt . i1N5 DRA`•v�NG IS /0 �E US! RFfERENCE MIMOSES �ND 1Y IS NOi RESPONSqIf f ACCURAGES NEREIN CC 539/G ROLAMD W. •NDERSO�' COUNTY SURVfrO� w+or� cow•. wwor. LOCATION MAP � � � � 1 � i SP 4�90-09 \ O� 09 ZF �O 90 � • � � . � � x iS T _. � � s• • o � p 9 O '_" �n T S \ Z � • �__7 � t---� • . M�4RGo - . • �91,cTa ' o ��e��D � � � �_- Prf�14 � r�� i t�� i�� Ris� SITE PLAN l� 7 CITY OF FRIDLEY M E M O R A N D II M �.,1_ TO: WILLIAM W. BIIRNS, CITY MANAGER �' FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SIIBJECT: NICRI�B TAVERN DATE: JIILY 12, 1990 We have contacted Mr. Ken Murphy at Alanon regarding Nicki's Tap. He told us that they have no objection to the sale of 3.2 Beer in Nicki's Tap and he has spoken to Mr. Anderson. Apparently, they would eat their and he hoped the food and service would improve. Mr. Murphy said that their organization does not get involved in that kind of decisions, even if it involved a bar, because it is against their by-laws. He extended this thanks and appreciation to the City Council for the consideration. u TO: CITY OF FRIDLSY M E M O R A N D II M WILLIAM W. BIIRNS, CITY MANAGER� � i' FROM: AICBARD D. PRIBYL, FINANCB DIRECTOR BIIBJECT: RESOLIITION GIVING PRELIMINARY APPROVAL TO A PROJECT ON BEHALF OF THE LONQ TERM CARE FOONDATION AND ITS FINANCING DATE: JIILY 17, 1990 Attached you will find the Resolution that gives preliminary approval for the project (acquisition 'of Lynwood Health Care Center) and the financing. This is presented for consideration by the Council and is the next step required after the public hearing. As you will recall, the Long Term Care Foundation has requested the City to consider participation in the joint issuance of bonds under the Minnesota Municipal Industrial Development Act. These bonds would be used to acquire 18 nursing homes in the Twin Cities Area by the Long Term Care Foundation. If Council approves this Resolution the next step will be to approve the Joint Powers Agreement, also provided to you. This agreement will require approval so the City of Fridley portion of the total bond can be issued through the City of Minneapolis. I have requested of the Long Term Care Foundation, at the inception of the discussions, to provide a deposit of $5,000 to indemnify the City against any and all administrative costs. All the information that has been provided to you has been reviewed by James P. O'Meara our bond counsel. A concern that has been voiced by all participating cities is the tax exempt nature of the Long Term Care Foundation. The various cities, involved in the Joint Powers Agreement, have worked with the Foundation to structure an agreement that would provide to the cities a payment in lieu of taxes. I provide the attached Resolution for Council consideration and with the Staff recommendation for approval. RDP/me Attachment : � RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT ON BEHALF OF THE LONG TERM CARE FOUNDATION AND ITS FINANCING UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR APPROVAL; AND AUTHORIZING THE PREPARATION OF NECESSARY DOC[JMENTS BE IT RESOLVED by the City Council of the City of Fridley, M�.nnesota (the City), as follows: SECTION 1 Recitals and Findinas 1.1. This Council has received a proposal that the City finance a portion or all of the cost of a proposed project under Minnesota Statutes, Sections 469.152 through 469.165 (the Act), on behalf of The Long Term Care Foundation, a Tennessee nonprofit corporation (the Borrower), consisting generally of financing the acquisition of and certain improvements to an eaisting nursing home facility, commonly known as Lynwood Healthcare Center located at 5700 East River Road in the City (the Project). 1.2. At a public hearing, duly noticed and held on , 1990, in accordance with the Act and Section 147(f) of the Internal Revenue Code of 1986, on the proposal to undertake and finance the Project, all parties who appeared at the hearing were given an opportunity to eapress their views with respect to the proposal to undertake and finance the Project. Interested persons were also given the opportunity to submit written comments to the City before the time of the hearing. Based on the public hearinq, such written comments (if any) and such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The welfare of the State of Minnesota requires the provision of necessary health care facilities to the end that adequate health care services be made available to residents of the State of Minnesota at reasonable cost, and the State of Minnesota has encouraged local government units to act to provide such facilities. (b) The undertaking of the Project would further the general purposes contemplated and described in Section 469.152 of the Act. 4254F - (c) This Council has been advised by representatives of the Borrower that conventional, commercial financing to pay the cost of the Project is available only at such high costs of borrowing that the economic feasibility of the Project would be reduced. (d) This Council has also been advised by representatives of the Borrower that on the basis of their discussions with potential buyers of taa-eaempt bonds, revenue bonds of the City (which may be in the form of a revenue note or notes) could be issued and sold upon favorable rates and terms to fi�.nance the Project. (e) The City is authorized by the Act to issue its revenue bonds to finance capital projects consistinq of properties used and useful in connection with a revenue producing enterprise engaged in providing health care services, such as that of the Borrower, and the issuance of the bonds by the City would be a substantial inducement to the Borrower to undertake the Project SECTION 2 petermination To Proceed with the Project and the Financina 2.1. On the basis of the information given the City to date, it appears that it would be desirable for the City to issue its revenue bonds under the provisions of the Act to finance the Project in the maaimum aqgregate face amount of $1,150,000. 2.2. It is hereby determined to proceed with the Project and the financing and this Council hereby declares its present intent to have the City issue its revenue bonds under the Act to finance the Project. Notwithstanding the foregoinq, however, the adoption of this resolution shall not be deemed to establish a leqal obliqation on the part of the City or its Council to issue or to cause the issuance of such revenue bonds. All details of such revenue bond issue and the provisions for payment thereof shall be subject to final approval of the Project by the Minnesota Department of Trade and Economic Development (the Department) and may be subject to such further conditions as the City may specify. The revenue bonds, if issued, shall not constitute a charqe, lien or encumbrance, leqal or equitable, upon any property of the City, eacept the revenues specifically pledged to the payment thereof, and each bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues and property specifically -2- � pledged to the payment thereof, and shall not constitute a debt of the City within the meaninq of any constitutional, statutory or charter limitation. 2.3. The Application to the Minnesota Department of Trade and Economic Development �the Application), with attachments, is hereby approved, and the Mayor and City are authorized to eaecute said documents on behalf of the City. 2.4. In accordance with Section 469.154, Subdivision 3 of the Act, the Mayor and City are hereby authorized and directed to•cause the Application to be submitted to the Department for approval of the Project. The Mayor, City , City Attorney and other officers, employees and agents of the City are hereby authorized and directed to provide the Department with any preliminary infarmation needed for this purpose. The City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if approved by the Department. SECTION 3 �� n 3.1. If the bonds are issued and sold, the City will enter into a loan agreement or similar agreement satisfying the requirements of the Act (the Revenue Aqreement) with the Borrower. The loan payments or other amounts payable by the Borrower to the City under the Revenue Agreement shall be sufficient to pay the principal of, and interest and redemption premium, if any, on, the bonds as and when the same shall become due and payable. 3.2. The Borrower has agreed and it is hereby determined that any and all direct and indirect costs incurred by the City in connection with the Project, whether or not the Project is carried to completion, and whether or not approved by the Department, and whether or not the City by resolution authorizes the issuance of the bonds, will be paid by the Borrower upon request. 3.3. The Mayor and City are directed, if the bonds are issued and sold, thereafter to comply with the pzovisions of Section 469.154, Subdivisions 5 and 7 of the Act. 3.4. This resolution shall become effective immediately upon its passage and without publication. -3- Adopted this day of , 1990. Attest: City -4- Mayor : � �-J CITY OF FRIDLEY M E M O R A N D II M �'� TO: WILLIAM BIIRNB, CITY MANAGER �. FROM: RICHARD D. PRIBYL, FINANCB DIRECTOR SIIBJECT: REBOLIITION APPROVING A JOINT POWERS AGREEMENT DATE: JIILY 17, 1990 Attached is a Resolution which would approve a Joint Powers Agreement in conjunction with the issuance of Nursing Home Facilities Revenue Bonds. These same bonds will acquire the Lynwood Health Care Center by the Long Term Care Foundation. This agreement would allow the City to participate with 14 other cities to issue bonds through the City of Minneapolis and consolidate bond issuance costs through one issue. The City of Fridley's portion of the bond will be $1,150,000. We are requesting the bonds to be issued during 1990 so the City's 1991 bonding cap, as a small issuer, is not impacted for next year. The approval of the Joint Powers Agreement should be conditioned with the inclusion of a Indeinnification Clause or Hold Harmless Clause in conjunction with the participation of the agreement. The agreement has been provided to both James P. O'Meara and Virgil Herrick for their review and comment. . With the two conditions, stated above, the Staff would recommend the approval of the agreement. RDP/me Attachments . � RESOLUTION NO. RESOLUTION RELATING TO A PROJECT ON BEHALF OF THE LONG TERM CARE FOUNDATION UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; APPROVING A JOINT POWERS AGREEMENT RELATING TO THE ISSUANCE OF BONDS BY THE CITY AND AUTHORIZING THE EXECUTION OF DOCjJMENTS BE IT RESOLVED by the City Council of the City of Fridley, Minnesota (the "City"), as follows: 1.01. Authoritv and Approvals. This Council, acting pursuant to Minnesota Statutes, Sections 469.152 through 469.165 (the "Act"), has held a public hearing on, and given preliminary approval to, the issuance of its revenue bonds in a principal amount up to $1,150,000 and the loan of the proceeds thereof to The Lonq Term Care Foundation, a Tennessee nonprofit corporation (the "Borrower"), for the purpose of financing the acquisition of an eaisting nursing home facility commonly known as Lynwood Healthcare Center and certain improvements thereto (the Project) located at 5700 East River Road in the City. 1.02. Proposed Joint Powers Action. The Borrower has informed this Council that the Borrower is requesting the cities of Anoka, Bloominqton, Delano, Eacelsior, Hopkins, Long Lake, Minneapolis, New Briqhton, Osseo, Roseville, St. Louis Park, St. Paul and Stillwater (collectively, the "Other Cities" and, with the City, the "Participants") to issue similar bonds in order to finance similar projects on behalf of the Borrower located in each of the Other Cities. The Borrower has proposed that the City and each of the Other Cities enter into a joint powers agreement pursuant to the Act authorizing one of the Participants to issue revenue bonds under the Act to finance each of such projects, including the Project. In particular, the Borrower has proposed that the joint powers agreement provide that the City of Minneapolis issue the bonds authorized by each of the Participants in order to finance each of said projects. 1.03. Joint Powers Authoritv. The City is authorized, pursuant to Section 471.59 and the Act, to enter into and perform such contracts and agreements with other municipalities as this Council may deem proper and feasible for or concerning the planning, purchase, acquisition and financing of a project whereby one city issues its revenue bonds on behalf of one or more other cities. The City is authorized by said Section to enter into the joint powers agreement proposed by the Borrower as described in Section 1.02 hereof. 4255F 1.04. Documentation. A form of Joint Powers Agreement has been prepared and submitted to this Council and is hereby directed to be £iled with the City Section 2. Authorization and Approval of the Joint Powers Aareement. The issuance of bonds by the City of Minneapolis on behalf of the City and each of the Other Cities for the purpose of financinq the Project and the other projects described above, pursuant to the Act and the Joint Powers Agreement, is hereby approved. The form of the Joint Powers Agreement referred to in Section 1.04 is approved subject to such modifications as are deemed appropriate and approved by the City Attorney and the Mayor, which approval shall be conclusively evidenced by the ezecution of the Joint Powers Agreement by the Mayor and the City The Mayor and the City are hereby authorized and directed to esecute the Joint Powers Agreement. The Mayor and the City are also authorized and directed to eaecute such other instruments as may be required to give effect to the transaction herein contemplated. Section 3. Authentication of Proceedinqs. The Mayor and City and other officers of the City are authorized and directed to furnish to the Borrower and the attorneys rendering an opinion on the issuance of the bonds, certified copies of all proceedings and records of the City relatinq to the bonds and such other affidavits and certificates as may be required to show the facts reZating to the legality and marketability of the bonds as such facts appear from the books and records in the officer's custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, includinq any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Attest: Adopted this day of , 1990. City -2- Mayor � i� 9C JOINT POWERS AGREEMENT PROVIDING FOR THE ISSUANCE OF NURSING HOME REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165 TO FINANCE PROJECTS ON BEHALF OF THE LONG TERM CARE FOUNDATION This AGREEMENT is eniered into as of the day of , 1990 between the City of Minneapolis, Minnesota, ("Minneapolis") and the cities listed in Schedule I attached hereto (the "Cities"). 1. Statement of Purpose and Powers to be Eaercised. 1.1. Under Minnesota Statutes, Section 469.152 throuqh 469.165, cited as the "Municipal Industrial Development Act" (the "Act"), Minneapolis and each of the Cities is authorized to (i) issue its revenue bonds to finance properties, real or personal, whether or not now in eaistence, used or useful in connection with a revenue producinq enterprise, incZuding revenue producing enterprises whether or not operated for profit, engaged in providing health care services, including nursing homes, and (ii) enter into and perform contracts and agreements with other cities concerninq planning, purchase, acquisition and financing of a project and whereby one city issues its revenue bonds in behalf of one or more other cities. 1.2. The Act recites that the welfare of the State requires the active promotion, attraction, encouragement and development of economically sound industry and commerce to prevent, as far as possible, the emergence of bliqht and areas of chronic unemployment and to prevent economic deterioration and that the welfare o�f the State requires adequate health care facilities so that adequate health care services are available to residents of the state at reasonable cost. 1.3. The Long Term Care Foundation, a Tennessee nonprofit corporation (the "Borrower"}, has proposed that Minneapolis and the Cities enter into a joint powers aqreement under Minnesota Statutes, Section 471.59 and the Act, pursuant to which Minneapolis, acting for and on behalf of itself and the Cities will issue a series of revenue bonds in an amount not in eacess of $43,000,000 (the "Revenue Bonds") and loan the proceeds thereof to the Borrower to finance the costs of the Projects shown on Schedule II attached hereto. . � 1.4. The undertakinqtoffinance�theecost�thereofnwille issuance of the Revenue Bonds promote the public purposialainducementtfor theeBorrowerftohe Act by providing substant acquire and construct»twithin�thesmeaningaof thetActPr��ects constitute a "project 2. Manner of �aercisina P9�• Minneapolis and each of the Cities hasointPissuancelof thepRevenue Bondsnin an authorizing the � aggregate principal amount not in escess of $43,000,000, o which amount the maaimum principal amandteachbProjectdshall be respect to Minneapolis and each City as shown in Schedule of'itselfeand1theSCitiesabycadoptinqpOWers of the Act on behalf documents, and approving and ezecutinq such resolutions, agreements as shall bvenueeBonds andcsuchnothertresolutions, issue and sell the Re documents and aqreemissuanceSOf1theeRevenueaBonds andugivingn connection with the effect to or carryich the RevenueVBondsSare issued9and/ort an documents under wh secured. 3. - � }a;�„};�n of Fund�• A>>nca�ion �€ F n . The source of funds for the Pro7ects shall be t e proceeds of the Revenue Bonds and, if necessary , a contribution to be made by the Born anrIndenturenof Trust (theepindenturea) applied as provided i between Minneapolis anccountskinSwhichtthe proceedseofutheshal provide for separate a Bonds to be used toceedsnof thehRevenue Bondscdepositedbin such deposited. The pro accounts may be used only for the specified Project and may no be used or applied by the Trustee or the Horrower for any other Project. � 4. N»rp of R�v��p Bonds. The Revenue Bonds shall be special, limited obliqnalotherfamountsPpledgedathereto andy from proceeds, revenues a The Revenue Bonds an more fully described in the Indenture. the interest thereon shaeneraltorrmoraltobligationgorearpledge a pecuniary liability, 9 of the full faith or loananincrof1anyfcharterp�Constitutional the Cities, within the me 9 or statutory provisions. 5. To*� Of-AdrepmAnt• Term�nation. Unless otherwise provided by concurrent action of Minneapotis and the Cities, this Agreement shall terminate upon the retirement or defeasance of the last =minatedlin advance ofnsuchnretirement Agreement may not be te or defeasance. -2- 6. Amendments. This Agreement may be amended by Minneapolis and the Cities at any time by a writing signed by each. No amendment may impair the rights of the holders of the Revenue Bonds, unless they have consented o such amendment in the manner provided for an amendment of the Indenture. IN WITNESS WHEREOF, Minneapolis and each of the Cities has caused this Aqreement to be eaecuted on its behalf by its Mayor and attested by its City clerk, all as of the day and year first above written. ATTEST: Its City Clerk ATTEST: Its City Clerk CITY OF MINNEAPOLIS, MINNESOTA By Its Mayor CITY OF , MINNESOTA -3- By Its Mayor 9E 9F SCHEDULE I LIST OF CITIES Anoka Bloomington Delano Excelsior Fridley Hopkins Long Lake New Brighton Osseo Roseville St. Louis Park St. Paul Stillwater -4- Citv Anoka Bloomington Delano Ezcelsior Fridley Hopkins Long Lake Minneapolis New Briqhton Osseo Roseville St. Louis Park St. Paul Stillwater SCHEDULE II LIST OF PROJECTS AND BOND AMOUNTS Project Description for all Cities Acquire an eaistinq nursinq home facility and make certain improvements thereto. -5- Principal Amount of Bonds $ 800,000 1,500,000 1,300,000 1,200,000 1,150,000 2,500,000 975,000 10,450,000 2,325,000 2,000,000 8,125,000 6,400,000 1,000,000 3,900,000 9G 70 CITY OF FRIDLEY M L M O R A N D II M ��. TOs WILLIAM BURNB, CITY MANAGER �. FROM: ItICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: APPROVAL OF THE AGRE$MENT RE�3ARDING A PAYMENT IN LIEII OF TA%ES DATE: JIILY 17, 1990 Due to the tax exempt nature of the Long Term Care Foundation it is possible that they would be exempt from real estate taxes. An agreement was drafted that would commit the Long Term Care Foundation to a payment in lieu of taxes for as long as the facility is exempt from taxes. The attached agreement would require the City to bill the Foundation once a year and require the Foundation to pay an amount equal to the taxes payable on May 31 and October 31. The Foundation would also have to reimburse the City for any administrative costs associated with the billing. RDP/me Attachment 10A AGREEMEN'f This Agr�aunt is a�t�n�d inoo this , diy � 1990 by and betw�es► the Long T�r�n Car� Faundadon (th� "Foundalion") and the City oE (th• "City"). WF�REAS, th� City has agrs�d to patddp�ts ia tht is�uance of bonds foc ttu b�ste�it of tht Foundatian to fuutt+oe th� uQui�itio� of utd ca�tsin c� rei�ted �o � renovatian oi a nursing l�oane in th� City (th� "Facility"); WHEREAS, the Fo�sndatian as � purelY Publlc c�arit'�► is exempt iroan reat propQrty wc� und� the Mi�uusota Consdtutioa aad Sectio� 27202 of tht Mi�cut�sota Statutes; utd WI3EREA5, ttu Foundation. in =ecog�itlon of tht City's partidpatior in the� bond issu�, agrea to aukt c�rtain p1yau�t� in lieu oE tix�a to th� City: NOW, THERfiFORE, !n considezat�on of ti� anutwl aovenants contsind h�. the partia agm a follows: . 1��=�.yti �� l • � - �_'' Tht Foundstia�t ags�es that it shaU pay to tlw Clty atutual psy�snb in lirn of t��aes in an aanount not bo axaeed th� aan�o�unt oi te�l p=opeRy tax�s which tht City would havt as�ee�ed agsinst etu Fadlity had it r�nat:ud u�td�s the owr�hip of a non- exssnpt organizaeior. �; •_� � �: 'I'h� City will cauat the Fadtity to bt valu�ed periodicallY on tht s�m� basis ard ia ths su�cu mann�t a: taxabk prop�'ty ia tht City is sppr�3std f� tax pucpo��e, uid shall provid� du Fout�ditiaet writta� ttiotiae of �vslw �d �� as prope�ly taxes uu,ually pikula� t1u aaaustt whuh wo�uld p�Y with rapec! eo tht Fadlity aad sha11.� �� 3�t� ao a oi tiu coa�mend�n� with � y�as _, � �o th� C3ty each ye�r. aa►ount io ca�cula�ed. T!u ��+ �'' t in lieu oi �a�me�dng with tht yeat =� aatioustt ro cal ��d.du sams=da�in each year tanes ("PILOR"). 'The PILOrT s�w11 b� du� �d p�Ys� as re�l �tite taza ue due and payabl� u�de�r la.�w oE th� State aE �N �� not shall be psi�d b�► tl�r Fotiu+datbn dtr�c�dy eo the C1ty. AaY P'�°� paid whea due s1�a11 beas iraxatL af t�e Statit of Mi�pota. the s�ne an�e�, a►s ddinqws�t propeecy �a � � � :� : :+�„r• li � „� .� Z'ha Clty ackrowledges that the Fouadstios� auy ssek rdmbursc�nent iroa� f�d�ral itt�d/or:ate agend�ee �orp� or all aE tiu PIL�T. T'ht City agms ti000� t� fully , with tht Foundatlon. without ��cpen�e b� the City, in the Qiforts of the Fourdalion to aPPly for and coU�ct such reimbnr�tnt � :„ '1'�is Agtea�ment shall tontinue ir tffact for as long u tl�e Fadlit�r i� exea�pt froat PaY�t � P�rt'Y tau�s urdts applicabl� l�ws ci t2u 5tat� af Mi�nnesota. .� /�!� �.l+. . . This Agr�n�nt shall b� governed and oonstrusd in u�ordsnc� with th� lsw: of tht Stat� of Minn�sota. . ��.«:� Alt n�oeio�s. r�porb ot otha aoananuniudons relating fio this Agr�nas�t �hs2t b� �t t� the puti� at the following addreseu, unk�s ath�rwi�e P='ovided by o:u PartY to the othet party ia wRi�� 'to th� Fowndatian: The t.oe+� Ti�n Care Foundation 1850 K St�ea� NW Snitie s00 Waahis�gton. D.C. 20006 � Atb�nd�oe�, iL Guy Co�lli�, Bsquin To tht Cihr: II�11��!lNBSS H�F, � p+� iuve caw�d t� Agr��t to be e�c�cvted on the day �m,d � Bnt w�ttt� abo�w. 2 ,� city of �r• � � r.o�� r.� c�. ��a� �r: Ib Praident 3 l 10C �� CITY OF FRIDLEY pLANNING COI�II+iI88ION ISEETZNG, JIILY 11, 1990 ...�.......,. .....�........... .........._..r.,._.,........ _.,....,... �'�LL TO ORDER • Chairperson Betzold called the July 11, 1990, Planning Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Don Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Paul Dahlberg, Larry Kuechle (for Diane Savage), Connie Modig Members Absent: None Others Present: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Richard Mochinski, Chisago City Joel Cason, Moose Lodge #38 (See attached list) APPROVAL OF JUNE 20 1990 PLANNING COMMISSION MINUTES: OM TION by Mr. Dahlberg, seconded by Mr. Saba, to approve the June 20, 1990, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING l,YE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF AGENDA: OM TION by Mr. Kondrick, seconded by Mr. Kuechle, to approve the agenda with the following addition: Consideration of Approval of a Resolution to Determine Consistency of the Redevelopment Project with the Comprehensive Plan. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANZMOOSLY. l. PUBLIC HEARING CONSIDERATION OF A SPECIAL USE PERMIT. SP #90-10 BY RICHARD MOCHINSKI: Per Section 205.13.O1..C.(1) of the Fridley City Code to allow theaters, lodges, and assemhly facilities on Lots 17 and 18, Block 2, Spring Valley, generally located at Rice Creek Road and Central Avenue N.E. MOTION by Mr. Rondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. 11A �LANNING COMMISSION KEETING. �TIILY 11. 1990 — PAGE 2 IIPON A VOICE VOTE, ALL VOTZNG AYE, CSAIRP$RSON �ONDRICR DECLARED THE KOTION CARRZED IINANIMODSLY. Ms. Dacy stated this subject parcel is located east of and adjacent to Central Avenue, just south of the new fire station. The property is zoned C-1, Local Business. The site has been the subject of a number of zoning requests. The.most recent one was in 1986 when the property owner, Mr. Mochinski, petitioned for a rezoning from C-1 to R-3, Multiple Family Dwelling, for the construction of townhomes on not only this site, but the site which is now occupied by the fire station. At that time, the Planning Commission recommended approval; however, the City Council denied the rezoning request. The Council felt the development density of the proposal was too high for the site. Ms. Dacy stated Mr. Mochinski is requesting a special use permit in the C-1 district which is different than a rezoning request. The C-1 zoning will not change; however, the special use permit is stating that in order to build a lodge facility, a special use permit is needed. The Zoning Ordinance also states that the maximum capacity of a lodge and assembly facility must be less than 300 people. Ms. Dacy stated a 7,000 sq. ft. single story building is being proposed for the property. There will be one driveway to provide access into and out of the site. The parking area will be located in front of the building, along the side of the building, and at the rear of the building. There is available space at the rear of the building for an additional 38 parking spaces if it is needed. To the rear or along the east lot line, the petitioner is proposing a detention pond which will detain the runoff from the property for the required amount of time and discharge that into a pipe or swale along the south lot line and discharge into the stormwater system under Central Avenue. Ms. Dacy stated that, as required by also proposed the construction of a� fence which will begin at the corner station and continue along the r►orth line and down again to the south lot zones to the north and to the east. code, the petitioner has ft. wood fence privacy of the rear of the fire lot line to the east lot line. This abuts the R-1 Ms. Dacy stated the proposed site plan meets all the setback requirements and parking requirements as required by the C-1 district. The petitioner has submitted a landscaping plan which conforms to the landscaping requirements. Ms. Dacy stated the proposed construction materials is a painted rock face block and colored metal trim along the roofline of the building. The petitioner is proposing a sign indicating the Moose Lodge #38 and three flags. 11B �LANNING COZ�II+IISSIOI�T KEETZNG. JIILY 11� �990 PAGE 3 Ms. Dacy stated that based on the fact that the proposed site plan meets the requirements of the C-1 district--screening, landscaping, parking, lot coverage, and drainage issues, staff is recommending approval of the request with the following five stipulations: 1. Lot 17 and 18 shall be combined into one tax parcel. 2. A drainage and utility easement shall be reserved over the east 30 feet of the parcel and shall be submitted prior to the issuance of a building permit. 3. A street easement shall be reserved over the east 30 feet of the parcel and shall be submitted prior to the issuance of a building permit. (Ms. Dacy stated the easement would accommodate a future street right-of-way in order to pre�erve the ability for resubdivision of the parcels to the north and east of the site.) 4. A special use permit shall be approved prior to any building expansion. 5. Maximum seating capacity shall be limited to 300 persons, or the regulations provided by the Fire Code, whichever is most restrictive. Mr. Betzold asked Ms. Dacy to give a brief description of the C-1 district and the penaitted uses in that zone. Ms. Dacy stated the C-1 district is the local business district. Its intent is for commercial/residential/services uses. Physically, in the zoning pattern in the City, the C-1 zone is often adjacent to R-1 or R-2 areas. She read the list of principal uses permitted in the C-1 zone. Ms. Dacy stated the C-2 district is more intensive and permits by right more uses. Mr. Betzold stated that in looking at this particular block, with the fire station to the north, and commercial property to the south, how does staff view the proposed development for this block? Should this particular property remain commercial? Ms. Dacy stated there are a number of factors. Right now the entire site is zoned C-1 as compared to other sites to the north where the frontage of the parcels are zoned commercial and the rear is zoned is single family residential. By right, if a property owner came to the City tomorrow and wanted a building permit for any of the permitted uses in the C-1 district, the 11C LANNING COMMISSION ISEETING. JIILY 11. 1990 PAGE 4 City would have to qrant it. What is being proposed can be called a transition use in the effect that it is not a typical commercial/retail use. It is obviously not a convenience store. It doesn't have a lot of the peak hour traffic that is associated with a commercial use such as a strip shopping center, a convenience store, or an office building. Rather, it is a use that experiences a lot of traffic in the non-peak hours, more similar to a restaurant use than anything else. Mr. Richard Mochinski, 27540 Kirby Lane, Chicago City, stated he is the petitioner and owner of the prope ThereHishadtremendouss to add to that stated by Ms. Dacy. (1) soil correction problem in this area. The poor soil conditions were taken into account when locating the building on the site. (2) The project itself is very underscale in proportion to the land. If they were to build an office building on this site, they would build approximately 28,000 sq. ft. with about 80 parking spaces. With the Moose Lodge, they are proposing a 7,000 sq. ft. building and virtually leaving the back half of the property vacant. So, if future parking is never needed, there will be about 100 ft. of green area at the rear of the building. The building will be one-story with an attractive entranceway. They have done an extensive landscaping proposal. Mr. Mochinski stated that of the 7,000 sq. ft., approximately 2,800 sq. ft. is hall/banquet facilities, approximately 1,000 sq. ft. is office/kitchen, and the remaining square footage is the bar. On the north side of the property they have enclosed a very small patio with a horseshoe pit which is doubly enclosed with the 6 ft. fence to reduce any sound that will be created by the functions outside the patio. Mr. Mochinski stated the building is somewhat in the center of the site; however, they tried to place it as far north as possible towards the fire station because the soil is better there. He thought that with the scale of the project, it should fit the neighborhood very well. Mr. Mochinski stated members of the Moose Lodge were at the meeting to answer questions the Planning Commission members might have. Mr. Saba asked about exterior lighting. Mr. Mochinski stated there is minimal lighting. There will be a post light in back that lights up the parking lot, and lighting from the building in front and on the masonry sign that covers the three flag poles. Mr. Joel Cason stated he is the past-Governor of the Moose Lodge #38 in Minneapolis. He is now serving as the Secretary. The Moose Lodge is a fraternal organization. There are 1,200 Moose 11D �LANNING COMMISSION MEETING, JIILY 11, 1990 PAGE 5 Lodges in the United States, 37 in Minnesota. Moose Lodge #38 is the second oldest, and they have been displaced from their building in Minneapolis at 624 - 3rd Avenue N.E. It is a working man's lodge. Mooseheart is a city in Illinois about 30 miles from Chicago, which is a type of orphanage. All the Moose Lodges support it and take care of it. Mooseheart also governs the Moose Lodges. Mr. Cason stated the Moose Lodge is different from an organization like the Knights of Columbus in that it is strictly for Moose members and guests only. They have been good neighbors in their community in fund raising and civic affairs. Mr. Betzold stated that the Moose Lodge is normally for Moose members only. How many members are there in Moose Lodge #38? Mr. Cason stated they have about 850 members right now. It is an older men's lodge. The average age is 55. He is a third generation Moose member. They do have a variety of activities for children and younger members. They have weddings and dances on Friday and Saturday nights for members and guests only. The Moose patrol and take care of their people so there is no trouble. out of 850 members, approximately 100-150 are in attendance on a good evening. Mr. Kondrick asked if Mr. Cason thought the parking lot as proposed is adequate for their usage. Mr. Cason stated that in Minneapolis they had one acre of ground with 75 parking spaces. Most of the time, that 75 spaces were adequate. Once in awhile, members would have to park on the street. The proposed parking spaces for this new site are 120, and that is more than adequate. Ms. Modig asked how soon the Moose Lodge could foresee the expansion of the rear parking area. Mr. Cason stated it is difficult to know that, but he thought it would be quite awhile before they do any expanding. It also depended on how soon they got new members. Ms. Sue Rau, 1341 - 64th Avenue, asked if the Moose Lodge would be applying for a liquor license. Mr. Cason stated they would certainly apply for one. Ms. Dacy stated that if the Moose Lodge does apply for a liquor license, because they are a private club, the liquor ordinance defines it as a pbottle club", and they have to pay a$300 application fee. This application is reviewed by the Public lies Safety Director and the City Council. If the Moose Lodge app for a beer license, that requires a public hearing process before 11E �LANNZNG COMMISSION l�EETING, JIILY 11. 1990 PAGE 6 the City Cauncil. The zoning ordinance does not specify notifying adjacent property owners, but the license application is published in the Fridley Focus two times prior to the public hearing. Ms. Jean Schwartz, 1372 - b4th Avenue, stated it is her understanding that anything going into the C-1 zoning district would be of a smaller scale and have a smaller impact on the residential neighborhood, while anything going into the C-2 zoning district would be of a larger scale and have a larger impact. She asked Ms. Dacy to explain why lodges and assemblies are allowed in the C-2 zoning. Ms. Dacy stated each zoning district has a list of principal uses, a list of accessory uses, and special uses. In the C-1 district, the first things listed under special uses are: "theaters, lodges, and assembly facilities having a seating capacity of less than 300 persons, but not including outdoor theaters." This says that theaters, lodges, and assembly facilities are o.k. in the C-1 district with a special use permit. Under the C-2 zoning, the seating capacity can be over 300 persons. There is also another part of the ordinance that says the City has to analyze the site plan and determine if there is any adverse impacts from the special use. In other words, the City has the burden of proof as to whether or not the special use is going to be compatible with the adjacent area. Ms. Lavonne Kowski, 6391 Central Avenue, asked how many parking spaces are proposed for the site. Ms. Dacy stated 72 parking spaces are proposed. The area to the rear can accommodate up to 37 spaces, for a total of 109. Ms. Kowski asked where the cars are going to park when the lot is full. She lives north of the fire 6tation. The cars are not going to park on Rice Creek Road or Central Avenue, so they are going to park on 64th Avenue. Her concern is the parking. Ms. Dacy stated that as far as parking requirements, the ordinance is set up so that even though the building capacity is 300 people, that does not mean there are going to be 300 cars. Typical parking requirements for a church is 1 space for 3 people. Typical parking requirements for a theater is 1 space for 3-4 seats based on the fact that on average 2-3 people travel in one vehicle to a typical destination. The City of Fridley's code is based on square footage of 1 space per 100 sq. ft., which equates to 70 spaces. If they were to use the analogy of 1 space per 3-4 people, there would still be enough spaces on site to accommodate that ratio. 11F BLANNING COMMIBBION 1riEETING. JIILY 11. 1990 PAGE 7 Ms. Koski asked if there is an overflow at the Moose Lodge, can people from the Moose Lodge park on 64th Avenue according to ordinance? Ms. Dacy stated cars are not allowed on Central Avenue or Rice Creek Road. They could park on 64th Avenue unless a"no parking zone" is established. Mr. Betzold asked if the Public Safety Director has looked at whether or not it wculd be appropriate to put "no parking" signs along 64th Avenue. Ms. Dacy stated the Public Safety Director has reviewed the plans, but he did not make a specific comment about this issue. Mr. Betzold stated that if this special use permit is approved and parking ever becomes a problem, the City Council can always approve a"no parking zone" on 64th Avenue at a later date. Ms. Sherek stated that if parking ever becomes a problem, there is always the possibility of cross parking easements with the commercial property to the south. Mr. Mark Schwartz, 1372 - 64th Avenue, stated he is not against the Moose organization. He is looking at this as C-1 zoning which is like a small office building or convenience store, generally things that close at 9:00-10:00 p.m. This Lodge will be right across from residential homes, and it is going to be open until 12:00-1:00 a.m. Then, on top of this, they are going to apply for a liquor license. For these reasons, he is against the project. Ms. Sue Rau stated that the Moose Lodge currently has 850 members, and they will be looking for more new members. This building has a capacity for 700 people according to the fire code. Who is going to make sure there are no more than 300 people in the building? Ms. Dacy stated she talked to Bob Aldrich, Fire Chief, about the fire capacity issue. Based on the Building Code, they took the square footage indicated on the plan for the hall and restaurant area and came up with a total of 350 people. Apparently there has been some conflicting information from City staff, and this needs to be checked out before the City Council discussion. Ms. Dacy stated that obviously if 750 people did show up at the Moose Lodge, there would be cars on site and all over the street, and someone would call the Police Department. If the Moose Lodge exceeds the fire capacity, the City has the right to close the operation down. There is also an annual inspection program, and the City also relies on the neighbors to keep watch and call if they feel the Moose Lodge is in violation. Also, if the Moose 11G �LANNING COMMIBSZON 1SEETIN�3. JIILY 11. 1990 PAGE 8 Lodge is in noncompliance with the special use permit, the City Council can call a public hearing and revoke the sgecial use permit. Ms. Ida Mae Kassow, 1400 Rice Creek Road, asked that if they do build the overflow parking at the rear of the building, where will those cars exit and enter the site? Ms. Dacy stated that there is one driveway onto Central Avenue. There will not be any access to Rice Creek Road. The location of the driveway is approximately 300-350 feet north of the intersection of Rice Creek Road. Central Avenue is maintained by Anoka County. Anoka County has reviewed this proposal and had no adverse comments about it. Ms. Carol Tovsen, 1356 - 64th Avenue, asked if Fridley has any ordinance regarding the concentration of bars in a certain area. Mr. Betzold stated there is no ordinance regarding bars. Mr. Mark Schwartz, 1372 - 64th Avenue, stated about one-half of the building is a hall and one-half is bar and kitchen. Also there is an outdoor patio with a horseshoe pit. Why does the outdoor portion and bar portion face the residential side rather than facing the other side, while the hall is on the back wall? Mr. Mochinski stated he met with Councilmember Schneider, and they discussed the pros and cons on the location of the hall. They both felt the best solution was to keep the hall farther away from the residential area. The patio is off the bar area, but it is quite small, only about 8 feet wide, and is not large enough for a band. There is a fence around it to keep the sound away, in addition to the other fence. Mr. Mike Gannucci, 1332 Hillcrest Drive, stated he drives by this property many times during the week, and it is sadly in need of a development. He has seen the plans for the building, and it looks like a very nice building. He thought it would fit in nicely with the neighborhood and it would give the City some tax revenue. Mr. Joe Stzyzewski, 4724 - 2nd Street, stated he is the Acting Governor of Moose Lodge #38, and the bartender for the last ten years. He has worked private parties and weddings; and in those ten years, he has never seen 300 people at any function. They do not have large crowds. The most people they have ever had at a function was 200-250. This building and parking lot are more than adequate. He did not believe there would be any cars parking on residential streets. 11H �LANNING COMMISSION MEETING. JIILY 11. 1990 PAGE__9 Ms. Sue Rau, 1341 - 64th Avenue, stated her biggest concern is the liquor license. It seems that right now their neighborhood is being bombarded with bars. To the north they have Sandees Restaurant, to the south is Joe Dimaggio's and Wong's has a beer license. There are four establishments within 1 1/2 blocks that serve liquor or beer. There is a lot of noise that is qenerated by Joe Dimaggio's, plus cars racing down Central Avenue as they leave the parking facilities. Ms. Lavonne Kowski, 63� 1 Central Avenue, stated the domestics from Joe Dimaggio's ha�brought a lot of problems into this area. It draws a younger, noisier crowd. When they purchased their home, Sandees was already there; and they have not had any problems with Sandees. But, all of a sudden they have been bombarded with bars. If any of the Planning Commission members lived in this area, they wouldn't be having this meeting. Ms. Barb Edwards, 1403 - 64th Avenue, stated they moved into their house about 1 1/2 years aqo. Before that, they lived in Northeast Minneapolis across the street from a fraternal organization. This organization did not have a bar that operated regularly, but it conducted celebrations; and they experienced overflow parking in front of their house, litter, liquor and beer cans in the front yards, screaming and yelling, swearing, domestic fights, etc. This probably was not the members of this organization, but it could be rented by one member and the rest were guests of that member who do not have to conform to the rules of the organization. Mr. Mark Schwartz, 1372 - 64th Avenue, stated he thought the members of the Moose Lodge are sincere. The problem comes when there are 250 people at a function, such as a wedding, who are out to have a good time. On one hand, he is favor of this type of use for this property; but, on the other hand, he is against late night hours and serving liquor. Any time liquor is served, there is the potential for a lot of problems. Mr. Betzold stated the P2anning Commission could recommend to the City Council that if a liquor license is requested, a public hearing be held and the neighbors notified. Mr. Joe Nelson, 1357 - 64th Avenue, stated that in this area there is liquor or beer at Sandee's Restaurant, Wong's Restaurant, Joe Dimaggio's, Shorewood, and the municipal liquor store, and the Knights of Columbus. There is also pull tabs, gambling, bingo. A bar is a bar, whether it is in the Moose Lodge or in another establishment. They moved into this area because it is a residential area. His house is about 75 yards from the horseshoe pit, and he doesn't want the noise or the cars. 111 pLANNING COZ�II+II88ION KEETZNG. JIILY 11. 1990 PAGE 10 Mr. Herb Lennox, 1461 Rice Creek Road, stated he built his house in 1961. At that time, there was only the Shorewood Inn and Sandees. Since then, a liquor license has been issued to Maple Lanes, Joe Dimaggios, and there is Fridley's municipal liquor store. He did not think he could support the addition of another establishment serving liquor just down the street from his home. He would like to see this property developed, but he would like to see it developed in other ways. Alcohol is a very big problem. � Ms. Jean Schwart, 1372 - 64th Avenue, stated another problem is that the Moose Lodge is busiest during off peak houzs when the residents are home. Ms. Linda Nelson, 1357 - 64th Avenue, stated that when the proposal was before the City for townhouses on this property, all the neighbors agreed that they were not against the townhouses but�against the density in this small area. If the project could have been scaled down, it might have been,workable in this area. This block is a younger neighborhood, and there are a lot of small children. Mr. Mochinski stated he has owned this property for 15 years, and there are not a lot of uses for this property. One is for office, but there is no market for office space. The retail/ walk-in type uses are not conducive for this site, because the traffic counts are not high enough. He would prefer not to have to go through the special use permit process, but the allowed uses for this property are just not there. He has to take proposals as they come and present them to the Planning Commission and City Council. Ms. Jean Schwartz, 1372 - 64th Avenue, stated they moved into their home four years ago to raise a family in a nice neighborhood. They had checked into the zoning, and there was r►o liquor allowed on C-1 property. If they had known it would be allowed through a special use permit, they would not have purchased in this area. If the City does not put some kind of cap on the establishments selling liquor in this area, people will start leaving. Ms. Sue Rau, 1341 - 64th Avenue, stated she has talked to a realtor to find out what this type of establishment would do to their property values. it was the realtor's opinion that it definitely does not add to their property value, and it would be more difficult to sell their home because potential buyers want to buy in a residential area and look at the facilities around the residential area. From her living room, she will see a parking lot and a bar. The primary problem is the liquor and the number of cars. Maybe a restriction on residential parking could be part of the solution, so the residents could be assured that people from the Moose Lodge will not be parking on their street. 11J pLANNING COMMISSION KEBTING, JIILY il. 19�0 PAGE� Mr. Betzold stated that if this special use permit is approved by the City Council, there is nothing to prevent the Council from imposing those kind of traffic bans at some future time. Parking is a very important issue. Ms. Lavonne Kowski, 6391 Central Avenue, stated she has seen some traffic counters on Central Avenue. Is the City taking traffic counts in this area. If not, the City should be taking some traffic counts. There is a lot of traffic in this area, and the Moose Lodge wi11 just bring ir► more cars. Ms. Dacy stated Anoka County is probably doing the traffic counts. Anoka County takes traffic counts on an annual basis and gives the City the annual daily traffic count. The Anoka County Engineer has advised City staff is that in the future, they feel the .only improvement the intend to make on Central Avenue may be a median from Rice Creek Road north 300-350 feet, so the access into the Moose Lodge property may be only a right-in, right-out at some future time. The median would restrict the traffic conflict. However, Anoka County has not indicated any type of timeframe for the median. . Mr. Stan Wrona, 2911 Lincoln Street N.E., stated the neighbors seem to be very concerned about liquor and debris. He stated that the neighbors can check with the Minneapolis Police Department that in 30 years at their Minneapolis location in a residential location, there were only two occasions where the Moose Lodge needed to call the police. He stated they are not a wild organization. They are strictly a fraternal organization. They are very quiet, and they take care of their own people. Ms. Jackie Calderon, 6401 Central Avenue, stated representatives from the Moose Lodge state that they have had no problems at their Minneapolis location, yet they are looking for new members. With new members, the Lodge is going to change, and there might be new problems they have never dealt with before. Mr. Joe Stzyzewski, 4724 - 2nd Street, stated that if a Moose member becomes drunk, obnoxious, or profane, that person's card is pulled for 60 or 90 days. That person is not allowed to come to the club during that period. The Moose Lodge is very serious about this. If that person continues to be drunk and obnoxious, then that person is no longer a member. That is why they do not have problems. Ms. Linda Nelson, 1357 - 64th Avenue, asked if the Moose Lodge members had any control over non-members who are quests who become disruptive. Mr. Stzyzewski stated, yes, they do. The member who brings a guest is responsible for that guest. If there is anyone who is 11K pLANNING COIrII�iI88ION lIEETING. JIILY li. 1990 PAGE_ �2_ disruptive, he/she is asked to leave. If the person does not leave, then the bar is closed. There are special contracts that have to be signed when any wedding parties rent the hall, and those contracts must be abided by. On occasion, they have gotten hired security to avoid any problems. Michele Blomberg, 1385 - 64th Avenue, they moved into the neighborhood about 1 1/2 years ago. They bought a starter home, but they do not want to add onto their home or start a family with all the bars in this area. A bar is a bar. The Moose Lodge is going to depreciate their homes, and she is totally against this proposal. Mr. Saba stated that if the Planning Commission recommended that the Moose Lodge be restricted to beer on1y, will this cause a problem for the Moose Lodge? Mr. Cason stated if they were restricted to beer only, they would not be interested in buildinq here. O1� TION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTE, 11LL VOTING AYE, CBAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Dahlberg stated he understands and appreciates the neighbors' concerns. A lot of valid issues have been raised; however, he did not see how any additional stipulations can be added without adversely affecting the petitioner's proposal. He thought those principal permitted uses in the C-1 district suggest that any number of uses could be put on this site that would cause potentially more problems to the neighbors than the Moose Lodge might. Mr. Dahlberg stated that from the standpoint of the numbers that were raised about the building occupancy (750 and 300 occupants), if the Building Code is the document used to determine occupancy, the maximum number of occupants for this facility would be around 300. That would suggest that if 750 were the number, that building would be about 12,000 sq. ft. for the bar and hall area and additional square feet for other functions within the building. He was sure the 750 number is inaccurate and should be verified before the Council meeting. Mr. Dahlberg stated he would not recommend any additional stipulations, however, if parking restrictions on 64th Avenue would help, he would strongly encourage that. The Commission might want to encourage the petitioner to check out any possibilities of shared parking with the two parcels on the west side of Central Avenue, east of the proposed site. He did not 11L ��,ANNING COMMISSION 1+IEETING. JIILY 11, 1990 PAGE 13 believe people from the Moose Lodge are going to park on 64th Avenue, because it is further to walk. Mr. Dahlberg stated he thouqht the Moose Lodge is a qood use for the site, and he would recommend approval of the special use permit. Mr. Saba asked staff if there had been any discussion about limiting the hours of operation. Is it possible for the Planning Commission to recommend that liquor cannot be served after a specific time, such as 11:30-12:00? Ms. Dacy stated the Commission can always make that recommendation to the Council. She stated she would have the City Attorney evaluate what the best mechanism is to impose that type of restriction. If the hours of operation is on the use of the liquor, then the question to the City Attorney is: Is a special use permit the appropriate vehicle to do it, or is with the liquor license itself? Mr. Saba stated he would recommend this be looked at. The concern of the people in the audience and people in general is, what happens when these facilities close and people with a little too much to drink are out on the road. There are several facilities in this area that are contributing to the noise and other problems. He stated he liked the plan. He did not have anything against the Moose Lodge, but the only way he could support this special use permit would be if the Commission recommends to the City Attorney the limiting of hours of liquor service in the facility. Mr. Betzold asked if the City has any similar restriction on other establishments selZing liquor in the City of Fridley? Ms. Dacy stated she did not know, but staff could research that. Mr. Betzold stated he thought it would be very difficult to put this kind of restriction on the Moose Lodge and not on any facility selling liquor. If the Commission decides this is the standard, they would almost have to make it uniform for every facility that has a liquor license. Mr. Saba stated his major concern is that these facilities basically depend on serving liquor to exist, and the Commission members all know the problems liquor is causing in their neighborhoods. Mr. Rondrick stated he is in favor of the special use permit. It is a good use for this site. He stated his father was a policeman for 25 years on the north side, and there were never any problems with the Moose Lodge in Minneapolis. The Moose �li�i� �iIti'NING COl+II+iI88ION 1dEETZNG. JIILY 11. 1990 PAGE 1� Lodge has been displaced by the City of Minneapolis because of renovation. Ms. Sherek stated she came to the meetinq not knowing how she would vote. She has had a lot of reservations about how this site should be developed because it is so close to a residential neighborhood. She also realized that Mr. Mochinski has made a real effort over the years to come to the City with a project that would be decent for the neighborhood and, at the same time, be developable on that site. There is no market for the office space nor enough traffic. Soil correction costs makes housing an impossibility. Ms. Sherek stated she appreciated the neighbors' concerns. She stated her parents and uncles have been Moose Lodge members for many years. She had to agree with the Acting Governor that of all the places where she has attended weddings, the Moose Lodge is one of the most orderly places. As Mr. Stzyzewski stated, she has literally eeen them close the bar. She could appreciate what the neighbors have said about the fact that Joe Dimaggio's has created some problems for this area, but it is wrong to tar the Moose Lodge with the same brush as a sports bar. Therefore, she was in favor of the special use permit. Ms. Modig stated that she thought Mr. Mochinski has done a good job in trying to accommodate the neighborhood's concerns. She thought this is a good plan for the site. Maybe the Planning Commission should consider a stipulation about no parking on 64th Avenue. Most of the establishments in the area that serve liquor (Sandee's, Shorewood Inn, Kriights of Columbus) have been in the area for many years. She stated she is in favor of this proposal and would recommend approval. Mr. Kuechle stated he shared the concerns of the neighbors about liquor, however, he did not believe they could put the Moose Lodge in the same category as a sports bar such as Joe Dimaggio's, because it is a quasi-private club. Because of the other uses that could go into a C-1 district, he thought this is a good plan and he would vote in favor of it. Mr. Betzold stated this is a permitted use with a special use permit, so the Planning Commission has to come up with cogent? reasons in order to recommend denia2 of the special use permit. Overall, he did agree that the Moase Lodqe is going to be a better neighbor than some other organizations. This is a somewhat a private club and is not open to the general public. It sounds like it is somewhat self-policing. It is an older, more mature segment of the population, not a motorcycle gang. It is a reasonable use for the property. Mr. Betzold stated he also shared the neighbor's concerns. The use of liquor is not just confined to this particular 11N pLANNING COMMISSZON MEETING, JIILY li. 1990 PAGE 15 neighborhood, and if the City is going to clamp down on the establishments that serve liquor, they have to look at all the establishments in the City, not just the Moose Lodge. They cannot single out this particular facility. Mr. Betzold stated that the off-street parking is a concern, and this can be addressed now or later. Zt is his opinion to let it go now, see how it works, and if there are parking problems, then they can do something about it. Also; as Mr.�Mochinski has stated, other proposals for this site are just not going to happen. O ION by Ms. Sherek, seconded by Ms. Modig, to recommend to City Council approval of special use permit, SP #90-10, by Richard Mochinski, per Section 205.13.O1.C.(1) of the Fridley City Code to allow theaters, lodges, and assembly facilities on Lots 17 and 18, Block 2, Spring Valley, generally located at Rice Creek Road and Central Avenue N.E., with the followinq stipulations: 1. Lot 17 and 18 shall be combined into one tax parcel. 2. A drainage and utility easement shall be reserved over the east 30 feet of the parcel and shall be submitted prior to the issuance of a building permit. 3. A street easement shall be reserved over the east 30 feet of the parcel and shall be submitted prior to the issuance of a building permit. 4. A special use permit shall be approved prior to any building expansion. 5. Maximum seating capacity shall be limited to 300 persons, or the regulations provided by the Fire Code, whichever is most restrictive. 6. The parking situation be reviewed in two years. Ms. Sherek stated the reason for the sixth stipulation is that in two years if there is a parking problem, the City could set parking restrictions on 64th Avenue and explore the possibility of cross parking easements. IIPON A VOICE VOTE, l�LL VOTING AYE, CHAZRPBRSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated this item will go to Council on July 23. O� TION by Mr. Saba, seconded by Ms. Sherek, that in response to the concern about the hours during which liquor is served, the City Attorney and City Council look at the possibility of more restrictive hours of liquor service; for example, 11:30-12:00 110 �LANNING COMMI88ION MEETING. JIILY 11. 2990 PAGE 16 p.m., and to find out the number of establishments serving liquor in the City of Fridley. IIPON A VOICE VOTE, DAHLBERG VOTZNG NAY� CSAIRPBRBON BETSOLD DECL�RED THE MOTION Cl�RRIED. Mr. Dahlberg stated that he thought it is a waste of the City Attorney's time and City's money to go through any kind of siqnificant analysis, discussion, and review of this motion. His reason was primarily because it is a society issue and he did not know where it starts. He is not optimistic that they can effect any positive change relative to this whole issue at this point. Mr. Kondrick stated Mr. Dahlberg is right; however, someone has to say something at some time, and maybe someday society will change. Mr. Dahlberg stated that, in his apinion, society is changing for the better, that social drinking in this day and age is significantly different than it was even ten years ago, and that people drink less. The problems that were discussed relative to Joe Dimaggio's are because.of the age category that sports bar attracts. Mr. Betzold stated this issue will be discussed again at the City Council public hearing, so the City Council and the City Attorney will have to be prepared for that discussion. 2. CONSIDER.ATION OF APPROVAL OF A RESOLUTION TO DETERMINE CONSISTENCY OF THE REDEVEIAPMENT PROJECT WITH THE COMPREHENSIVE PLAN: Ms. Dacy stated the resolution will approve the proposed amendments to the city's Redevelopment Plan and the proposed Tax Increment Financing Plan for Tax Increment District No. il for the Fridley Town Square Shopping Center. The expansion includes the two single family homes which are under option by the developer at this point and will be removed so this area can be redeveloped for the 28,000 sq. ft. shopping center. Ms. Dacy stated staff and the HRA have developed a tentative agreement with the development that this will be a pay-as-you-go project and that the amount of assistance, $400,000, will be basically retired from the taxes generated from the project within six years. Ms. Dacy stated staff recommends that the Planning Commission agree that the proposed expansion of the redevelopment area and the creation of the district is consistent with the City's Comprehensive Plan. Although the plan does not refer specifically to this site, they do adopt by reference the HRA goals and objectives for each of the redevelopment areas, and the 11P �LANNING COI+IIriI88ION MEETING, JIILY 11. 1990 _ PAGE 17 I�tA has determined that this project is consistent with the goals of that district. Staff recommends the Planning Commission approve the resolution. Mr. Dahlberg asked if staff had considered expanding the redevelopment area even further to the east to 5th Street to care into account the potential for any further development in that area. Mr. Robertson stated, yes, that can be done. The problem is that the way the State Legislature has now written the State Law, if they were to create the district and nothing were to happen within three years, they have to be certified again. So, timing- wise, it is better to wait until they get a project. Mr. Dahlberg stated that as long as there is that possibility in the future to modify the district without any problems, then that answers his questions. O�I TION by Mr. Kondrick, seconded by Mr. Dahlberg, to approve of "Resolution of the Fridley Planning Commission Concerning the Fridley Housing and Redevelopment Authority's Redevelopment Project and Tax Increment Financing Proposals". IIPON A VOICE VOTE, BIIE SHERER VOTING NAY, CHAIRPERSON SETZOLD DECLARED THE MOTION CARRZED. 3. REc.�iv� �ui•ic i� �»� �on�nTC r�n�+rwrTSSSON MINUTES: O�i TION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the June 19, 1990, Appeals Commission minutes. IIPON A VOZCE VOTE, ALL VOTING AYE, CHAIRPERSON 1CONDRICR DECLARED THE MOTION CARRIED tTNANIMOIISLY. ADJOURNMENT• O�I TION by Mr. Kondrick, seconded by Mr. Saba, to adjourn the meeting. IIpon a voice vote, Cbairperson Betzold declared the July 11, 1990, Planninq Commission meetinq adjourned at 10:10 p.m. Respectfully s mitted, Ly e Saba Recording Secretary 82GZt-ZN BH$8T pI.i1I�TNZNG COMMISBION 1�EETING, J�Y 11, 1990 ,� Name Address/Business � ��.ti-- / � 3 /v E s � =w �/ � l// L ��/C �� . rl �i�= � � � � y7 � y �. st ,�� . � � � ._,�. ' � �� . � _ .� � � � � '� � �� ; ,� Jr . � ,� �� .��'_/� _%. � �� '. � _.•� 0 � � �� , � � / � � s [ o ,.��-� �_� _. � � �� .e.s..-�+9 / /�rJ�- �J. �. 1� � u� + 4-�.�c�-� �-- /�.�r� ' �� /(�iJ / �� /3s� - � y� �{�. 7��. e /35�/-G s�'�C � `�% � - ��5 7- o �t'� . � /3S7 ��—'� i�� -� � �u�► �,� � �_< � /��5�/f�'' �v��%� �s�--� �03 ^c� �� , ��-. � �� _ . � ,� , / 3 �a -.i�c-e-C%�.e,E�,E- � �y�r� 4�:�� ue� �v�/� l.J��n r�Pf,�A � � 7� ��} /� i 0 �v � . �. vc=. /b.6: oU�r�. 11Q t t cinroF FRlDLEY C�l1lIMUNI^fY DEVELOPMENT DEPARTMENT' M EMO RAN D UM DATE: July 19, 1990 Py TO. William Burns, City Manager ��/ FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant BIIBJECT: Special Use Permit Request for Construction of Moose Lodge #38, SP #90-10 Attached is the staff report for the above referenced request. The Planning Commission reviewed the request at its July 11, 1990, meeting and voted unanimously to recommend approval of the request to the City Council. The neighbors raised a number of issues at the Planning Commission meeting and in meetings with staff including noise, parking (both on and off site), hours of operation, the building seating capacity, and potential disruptive behavior due to alcohol consumption. Attached are memos from the City Attorney regarding the building seating capacity and the liquor license and hours of operation. Also attached is a memo from the Public Safety Director regarding the installation of no-parking signs on the streets in the vicinity of the Moose Lodge. Recommendation Staff recommends that the City Council approve the special use permit with the following stipulations: 1. Lot 17 and 18 shall be combined into one tax parcel. 2. A drainage and utility easement shall be reserved over �the east 30 feet of the parcel and shall be submitted prior to the issuance of a building permit. 3. A street easement shall be reserved over the east 15 feet of the parcel and shall be submitted prior to the issuance of a building permit. 4. A special use permit shall be approved prior to any building expansion. 11R 11S Moose Lodge #38 Special Use Permit, SP #90-10 July 19, 1990 Page 2 5. The facility plan shall be modified and the facility posted so that the Building and Fire Inspectors can state and enforce the facility occupancy as a maximum of 299 occupants. 6. The City shall monitor the parking situation, and if the City determines that there is a parking problem (i.e., overflow into the neighborhood), the City will require the Moose Lodge to find additional parking. 7. The special use permit shall be granted to the Moose Lodge #38• Should the property be conveyed to a new owner, the new owner must receive a special use permit prior to occupancy. 8. The floor plan shall be reversed so that the proposed hall shall be located on the north. The revised floor plan shall be submitted prior to the issuance of a building permit. 9. A grading and drainage plan shall be submitted prior to the issuance of a building permit. 10. The screening fence along the north property line shall be constructed along all the adjacent R-1, Single Family, zoning. il. The petitioner shall soundproof the hall facility, 12. All parking spaces, the 72 illustrated, and the approximate 37 future spaces, shall be constructed prior to issuance of a certificate of occupancy. 13. All parking spaces shall be 10 feet wide and double- striped as specified by the plan on file with the City Engineer. JR:ls M-90-503 I�� '�� -� ATTORNEYS AT LAW C. Herrick M E M 0 R A N D U M D. Hoeft V. Herrick O( Counse) id P. Newman T0: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator FROM: Virgil C. Herrick, City Attorney DATE: July 18, 1990 RE: Moose Lodge Facility This memorandum is in response to your memorandums dated July 12 and July 13, 1990 pertaining to certain questions about the establishment of a M�ose Lodge on Old Central Avenue in an area zoned C-1. Fridley City Code Section 205.13Z C(1> provides that lodges and assembly facilities having a seating capacity of less than 300 persons, are uses permitted within a C-1 district upon obtaining a special use permit. The Fridley City Code lists lodges as a permitted use, without any restriction on size, in C-2 districts. It appears that the intent of the Council in adopting the provisions in the C-1 and C-2 districts, as they pertain to lodges, was to permit smaller lodges in C-1 districts and larger lodges in the C-2 district. The Council also required a special use permit in the C-1 district, but did not require the special use permit in the C-2 district. In reviewing the information in your memorandums, the question arises as to whether the proposed Moose Lodge meets the code requirements in the C-1 district. As stated above, the code states that the lodge may not have a seating capacity of more than 300 people. In your July 13 memo you indicate that Darrel Clark and Dick Larson have determined through calculations provided in the building and fire codes that a seating capacity of 341 people would be permitted. The term "seating capacity" is not defined in Chapter 205. However, this term seems to have been used for the purpose of limiting the size of a lodge that could be constructed in a C-1 area. - In relation to the question of seating capacity, you asked two questions. These are: Can the City require posting of the seating capacity lower than what is permitted by the building and fire code? If the Council decides that the proposed structure meets the requirements of the zoning ordinance, I believe that it would be permissable to require a posting that the number of people in the Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612•571-3850 11T Memo to Jock Robertson/Barb Dacy July 18, 1990 Page 2 building could not exceed 300. This would be consistent with the requirement of the building code quoted above. Any violation of the Fridley City Code is a misdemeanor; see Chapter 901. Your second question asked whether the Police Department would have sufficient ability to enforce this requirement. As stated above, a violation of the code would be�a misdemeanor and as such the Police Department would have the authority to enforce the provisions of the City Code. At the hearing on the special use permit before the Planning Commission, certain questions were asked regarding liquor licenses and hours of operation. The Planning Commission wanted an answer to the question whether or not the City Council could control the hours of operation as a condition of the liquor license. The Moose Lodge would be required to obtain a club license. Under Minnesota Statute 340A.414,• clubs must receive a permit from the Liquor Control Division of the State Department of Public Safety. The Liquor Control Director must obtain approval from the City Council before issuing this permit. A city may not simultaneously require a license for these clubs, although the city may collect an additional fee of up to $300.00 per year from the license holder. It should be noted that the provisions of the Fridley Code, Chapter 605, appear to be inconsistent with State Statute 340A.414 and should be amended. The Planning Commission asked whether the City Council could control the hours of operation as a condition of the liquor license. The hours of operation for the sale of intoxicating beverages is set by state statute. A bottle club is required to conform to these hours. Minnesota Statute 344A.509 states that a local authority may impose further restrictions and regulations on the sale and possession of alcoholic beverages within its limits. Possession of a club license authorizes the club to permit the consumption and display of intoxicating liquor on the premises. The permit does not authorize the sale of intoxicating liquor. As stated above, the permit is issued by the State but cannot be issued without the approval of the City Council. I would be of the opinion that the Council could give a conditional approval which provided that the permit restricted the hours of operation. If the state was unwilling to issue a permit with more restrictive hours, than the Council would have to determine whether it wished to allow the normal hours of operation, or not authorize the permit at all. You also asked whether the City can post the seating capacity at a lower level than what is permitted by the building and fire code. I believe that the City could do this, but that it would 1�v 11V Memo to Jock Robertson/Barb Dacy July 18, 1990 Page 3 present an administrative problem; that is, somebody would have to monitor the number of people that were in attendance. Your second question relates to the enforcement of an ordinance violation. As stated above, an ordinance violation is a misdemeanor and it could be enforced through the Police Department. VCH:ldb ��,io�Er •��`•� •� .� � o��c N c�� TE ECT I POLICE DEPARTMENT c�ty of F��aiey M innesota BARB PROPOSED MOOSi3 LODGE MEMORANDUM TO The police reviewed the proposed Moose Lodge facility as it relates to parking issues and make the following recommendations. * No parking signs be placed on both sides of the road for Old Central and Rice Creek Road. It's important to keep the intersection clear for motorist, bicyclist and fire apparatus. The signs should extend to a point that would achieve this objective. * It is suggested that adjoining business property owners be contacted by the Moose in advance for overflow parking. Should a special event occur, such as a large wedding party, there will be a natural tendency for participants to use adjacent parking lots for overflow parking. If the property owners object to their lots being used, they may wish to consider installing "customer only" parking signs. * Prior to installing any restricted parking signs on 64th Avenue, it is suggested the parking situation be monitored after the facility is in operation. Since 64th Avenue is a city street we could install signs quickly if needed. Restricted parking signs would also have an effect on the homeowners in the area. JPH/sa INFO _ � ��x � STAFF REPORT APPEALS DATE �.�� OF PLAMWG COM��SSION DATE : Juiy I�, 1990 FRIDLEY cyr�r cot�q� �a� July 23, �s4o ,,�►�, ��an ( REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST ' LOCATION S1TE DATA SIZE DENStTY PRESENT ZONING ADJACENT LAND USES $ Z�i� UT1�T'ES PARK DEDICATION ANALYSIS FlNANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIL(TY WITH AOJACENT USES 8� ZONNG ENVIRONMENTAL . C►ONSIDERATiONS STAFF RECOMMEI�ATION APPEALS REGOMMENDATION PLANNING COMMISSlON RECOMMENDATION � SP 4�90-]0 Richard Mochinski To allow a lodge facility Old Central Avenue and Rice Creek Road 80,776.13 square feet C-1, Local Business C-1, Local Business and R-1, Single Family Dwelling to North; CR-1, General Office to West; R-1, Single Family Dwelling to East; C-I, Local Business to South. Available to site. Yes Yes Approval with stipulatinns. Approval with stipulations 11Y Staff Report SP #90-10, Richard Mochinski Page 2 Request The petitioner, Richard Mochinski, is requesting that a special use permit be issued in order to construct an assembly/lodge facility for the Minneapolis Moose Lodge �38. The C-1 district states that theaters, lodges, and assembly facilities having a seating capacity of less than 300 persons requires a special use permit. The request is for Lots 17 and 18, Block 2, Spring Valley Addition. Site The site is a vacant parcel located north of the intersection of Rice Creek Road and Central Avenue, between the east Satellite Fire Station and the Graystar Insurance building. The site is zoned C- 1, Local Business, and there is similar zoning to the north and south of the parcel. Across Central Avenue to the west is CR-1, General Office, and M-1, Light Industrial, zoning. An open drainage ditch flows along the south property line to a pipe under Central Avenue. There are aspen trees growing along the east property line and native sumac along the north property line. Zoning History The petitioner filed a rezoning request in 1986 to rezone the site to R-3 for a 19 unit attached townhome development. The Planning Commission recommended approval with ten stipulations. On August 4, 1986, the City Council denied the request stating that the proposal contained too many units. Analysis The petitioner has submitted a site plan, a proposed landscape plan, and building plans for the site. The proposed site plan meets all of the zoning requirements of the C-1, Local Business, zoning district including building setbacks, parking setbacks, number of parking stalls, landscaping, screening for the adjacent residential properties, and provides a storm water detention area. A neighborhood meeting/other contact with the neighbors was recommended to the petitioner. He indicated he was going to contact each property owner on the public hearing list. The proposed use will be an assembly and lodge facility for the Minneapolis Moose Lodge #38. The proposed building is 7,000 square feet and will include a hall, a dining area, a dance floor, a bar, several offices, and a kitchen facility. 11Z Staff Report SP #90-10, Richard Mochinski Page 3 The Moose Lodge recently applied for a rezoning of the Suburban Engineering building located at 6875 Highway 65. The Planning Commission recommended denial of the request, as the site could not provide adequate parking for the proposed use, and the hours of operation would have been a significant cYiange from the office use which previously occupied the bui2ding. The Moose Lodge activities include membership meetings on alternate Tuesdays and Thursdays of each month, and also include dances on Friday and Saturday evenings. The Moose Lodge is a closed club and would not be open to the general public. The members of the Moose Lodge are allowed to bring a single guest to an activity. The member is responsible for his/her guest at that activity. The representatives of the Moose Lodge indicated that the number of people attending these dances would be 80 - 120. As was stated earlier, the site plan meets the required parking setbacks and the site will provide enough parking. There is space on the parcel to provide an additional 37 parking spaces if it is needed, or if a future expansion is proposed. The Moose Lodge would be open from approximately noon to 1:00 a.m. The site plan provides the buffer space required by the ordinance between the proposed use and the neighboring adjacent residential properties to the northeast and east of the site. To accommodate the drainage ditch that flows from Harris Pond located east of the site to Central Avenue, the City currently holds a 15 foot drainage easement along the south property line. The Engineering Department has requested a 30 foot drainage and utility easement over the detention pond along the east property line. - Staff also recommends obtaining a 30 foot street easement over the same area to acconunodate a future street right-of-way in order to preserve the ability for re-subdivision of the parcels to the north and east of the site. Road easements have been reserved along the rear of other lots in the area. As a prelude to the Comprehensive Plan process, the Planning Commission and City Council developed informal development policies regarding the Central Avenue corridor. In the subject area, it was generally agreed that re-subdivision could occur on the east side of Central Avenue to promote a residential development pattern. The lodge facility would not prevent this development pattern from occurring to the north as long as a street easement is reserved. Unlike the parcels to the north, the subject site is entirely zoned C-1, Local Business, and does not contain any R-1 zoned land. Given the fire station to the north of the subject site and the multi-tenant commercial building to the south, the proposed 11AA Staff Report SP #90-10, Richard Mochinski Page 4 development pattern would complete the commercial development at the northeast corner of Rice Creek Road. Recommendation and Stipulations for Planning Commission. July 11, 990 The proposed site plan provides adequate screening and buffering of the activity for the adjacent residential properties, and the site plan meets all zoning code requirements, including setback requirements and parking availability. The proposed use would be compatible with adjacent and surrounding uses. Staff recommends that the Planning Commission recommend approval of the special use permit, SP #90-10, to allow a lodge facility with the following stipulations: 1. 2. 3. 4. 5. Lots 17 and 18 shall be combined into one tax parcel. A drainage and utility easement shall be reserved over the east 30 feet of the parcel, and shall be submitted prior to issuance of a building permit. A street easement shall be reserved over the east 30 feet of the parcel, and shall be submitted prior to issuance of a building permit. A special use permit shall be approved prior to any building expansion. Maximum seating capacity shall be limited to 300 persons, or the regulations provided by the Fire Code, whichever is most restrictive. Planning Commission Action On July 11, 1990, the Planning Commission held a public hearing for the special use permit request. Neighboring residents raised a number of issues including the hours of operation, noise, parking requirements, potential parking overflow, and potential disruptive behaviour associated with alcohol consumption. The Planning Commission voted unanimously to recommend approval of the request with the stipulations as recommended by staff. In addition, the Planning Commission added the following stipulation: 6. The parking situation shall be reviewed in two years. - Staff Report SP #90-10, Richard Mochinski Page 5 Staff Update As a followup to the Planning Commission meeting, staff inet with several neighbors on Monday, July 16. We discussed the fact that the building occupancy limits established by Fire and Building Codes appear to be higher; that is, from 325 seated at tables to 549 seated without tables as opposed to the 299 occupancy limit established by the C-1 zoning code. Secondly, the neighbors requested that the floor plan be reversed north to south so that the bar and patio will be on the south side of the building away from the residences. Further, the residents suggested that the meeting hall portion of the building be soundproofed. In addition, it was pointed out that although the site plan meets the parking requirements of the present zoning code with 72 spaces, 21 of the potential expansion parking spaces indicated in the drawing would fall within the 20 foot parking setback if a street was constructed in the 30 foot street, utility, and drainage easement at the rear of the lot. These spaces would not conform to the zoning code. Subsequently, staff re-evaluated the need for a 30 foot street easement along the rear of the lot. A 16 foot easement exists adjacent to the rear of the lot. The lots directly east of the proposed Moose Lodge abutting Rice Creek Road are vacant and are owned by the City of Fridley. With a 15 foot street easement from the Moose Lodge and the existing 16 feet, the remaining right-of- way necessary to construct a road could be obtained from the City- owned lots. This would leave adequate lot area for the City to subdivide into eight residential lots. Further, the petitioner would then be able to construct all the parking spaces currently proposed with some minor site plan changes. The Planning Commission directed staff to have the City Attorney render an opinion regarding the limiting of hours of operation on the liquor license. The City Attorney indicated that the City could not limit the hours of operation on the liquor license, but could as a condition of the special use permit (see attached memo from Virgil Herrick). Citv Council Recommendation Please see cover memo for staff recommendation. 11CC PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, July 11, 1990 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #90- 10, by Richard Mochinski, per Section 205.13.O1.C.(1) of the Fridley City Code, to allow theaters, lodges and assembly facilities, on Lots 17 and 18, Block 2, Spring Valley, generally located at Rice Creek Road and Central Avenue. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: June 27, 1990 July 4, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. SP 4�90-10 Richard Mochinski Richard Mochinski 27540 Kirby Lane Chisago City, MN 55013 Stanley Dahlberg 1384 - 64th Avenue N.E. Fridley, MN 55432 Mark Schwartz 1372 - 64th Avenue N.E. Fridley, MN 55432 Lavonne Kowski 6391 Central Avenue N.E. Fridley, MN 55432 Leroy Tovsen 1356 - 64th Avenue N.E. Fridley, MN 55432 Sharyn Ramsey 1340 - 64th Avenue N.E. Fridley, MN 55432 ichard Mochinski 7256 E. Commerce Circle N.E. Fridley, MN 55432 Rice Creek Properties 1315 Rice Creek Road N.E. Fridley, MN 55432 Ervin Kassow 1400 Rice Creek Road N.E. Fridley, MN 55432 Dorothy Miles 1370 Rice Creek Road N.E. Fridley, MN 55432 Paul Litwinczuk 6291 Central Avenue N.E. Fridley, MN 55432 Advance Companies 6400 Central Avenue N.E. Fridley, MN 55432 Fortune Investments Inc. 4611 East 36th Street Minneapolis, MN 55406 MAILING LIST Planning 6/22/90 Council Ziebart of Minnesota 6300 Central Avenue N.E. Fridley, MN 55432 City Council Members Planning Commission Chair 11DD ra�• ��ti = . r �. � � � �.� . ��tiN E 50�� June 26, 1990 11EE COU NTY OF AN�KA Depanment of Highways Paul K Ruud, Highway Engineer 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520 City of Fridley 6431 University Avenue NE Fridley, MN. 55432 Attention: Subject: Michele A. McPherson Planning Assistant Loyal Order of Moose Lodge #38 Site Plan Dear Ms. McPherson: Thank you for the opportunity to review the site plan for the above referenced project. From the site plan we have made the following assumptions and concur in the site plan provided those assumptions are correct. 1) Drainage for the facility will be handled to the east side of the lot where the construction of a holding pond and weir will release water to a city storm sewer, which is not shown on the plan. 2) The right-of-wa� for Old Central Avenue, otherwise known as CSAH #35, is 50 feet m width in front of the property shown on this site plan. 3) The permanent landscaping or berms are not located on the 50 foot of County Right-of-Way on the east side of the centerline of CSAH #35. 4) Only one driveway to CSAH #35 is contemplated at this time and that driveway is located appro�cimately 340 feet north of the major intersection of Old Central Avenue with East Moore Lake Drive and Rice Creek Road otherwise known as County State Aid Highway #6. The owner should be aware that at some future date Old Central Avenue at this major intersection may be channelized limiting the access to right-in, right-out at the proposed driveway locations. If you have any questions on this information, please feel free to contact me at your convenience. Sincer 1 G. lson, PE eputy County Engineer dmh/MOOSE Affirmative Action / Equal Opportunity Employer n u SP 4190-10 Richard Mochinski S 1/2 SEC. /3, T 30, R. 24 C/TY Of FR/OL EY 14 � t I��31 4 I��'�� I I �� .r•s i yis.� --n---*--s£'�!lt�, `.�fe�tRi�-Ai�'�N6MWA1� m �v I� s•s• , s .,. --"n°SF�'P�S° w ► :•,> ',a ��l (pl ,1 n:s�; ,s� �1 �r� I `n a...n . i�«r..• ie M� uu �A1 y Y� M �p I• lJ I:i.::;. 1� 2. 3 ,,,,n . � .«,^ ,,� j� i = ,� N� /� _/3 i/ y 7 � j r,.. i c��v ( �� d �.� w `,.�....N ( r°n : 2 A� a a.. .'_ � ,..., . '' . S ��,�� i y „r, 3� /6�A N � �d ` .,.�, f�...i 27U� � y�. �� ' 1 � - , i � � M� I J .�, 9 O � �G!r%i M l►� 00 r 1 ' n �A ' �` � .-,,,,� �� `n».i{: crn� /9 (� r •� + Z �� i r.,i, ��%.+`�� • Q' . �w i" - /�/ � /Z , u j � ¢ d -- � O! `c 71�. W:i^'c 1 I (�) W M�. y..w � Q (� Nrw• IN/ ��i� �tl� � IwI�:�' ��. ,l� /6 J�' ; Z�p� �� W " li� t _ i!' i"'+ � d �� 4TN AVE N ,J - � . � �"°s M REz�' o : zjw• 9 �' * ; .. ,,, . c��., �� '��h> W��"� � h' �" r � a� � c� cal I �� /4 3`'� � 22 0 � M� e t ' f� _ � � �� I I i i 1 s I . .� /M1 I �A W A�r t!� �o �„) �3 -�f 9 7 T ,p� `C � `� � ;�� KE4 , z� • � . .� � �. M. M- � � � � s � • � us) , � � ' � u� ' � ' ' -- � I I �9�� • '�/z 5 '�P Z� �, Y � �' +� • �: ' � �: j 2 �� s1p .r — � �°` --- J ' "J�'l/G LrQN . � . .. ,., -� �, �w ., », ,' �tp /a) 4'. l�2' � � �� _ �' ��U) 3, •� � � I ± /�•' /I Y/u �. y G � � �".' � ��2 - M � .. � : ,; . . '}y y B \�� 'IN• i ) �`♦ ' . _�..r"_r� � �i ' — — ___ �. : � . � =�'" i6no ; i : Q 5lr .�.%•. : • - - . `' �~ESiM.-=---=e-----4 �: : �� _ •�RI f-1tAllfr-�°" - L : "`� � I , � /I � � • (v`/ y � , � .. e� � ,' / o ; . . ,. , � "> S ' �,,, i ' �(w 1i �y � ° (p .8, �.� 7 ��' 'E.� ✓ ,` � , "i �' � I � n- 5 �I \, � rp l � y ' �'`; '�s i�� Fi �(n � E; / �.''" ,� , I y j M sp7 i I.n .� .;,G"I " A, 'j% Z ro; ; '. ��-` � ; 16 ; IS :�; : " � . ,,, `� h3 .s ,+: i � - - �' � � � � � ' -'� � '� �•' ', �7 , � .w.. ii..: � I � p i �� _ � �- , � � A aa�vE ., !� h, � ,.> — I AUDITORS SUB /� � � � N� _p op �� r�• V' � � ' , t �� • i ! ' AUO. I � �' �1 � r� � � r s r; � � 16 ,,, i �rv s� a�c d � � N0. 88 �� ' '� �� g j � W ' ' � � ha Y � �O r 20 $U8. ., .,�µ i 7 � +> > � MOOIiE — IAKE ' � Y T � '. • , A R ' lil. +�s •� • � O l ti' a t: -� -' � 0 � � •: ' `''ro, , : • � Z r w � 0 Y �~".. ' d� Wa � �i� �'� � � • � i , , �. � � E p�P .�- -��' � ..�.• � ,� �N , � � � � ' `, , �., , . � � 5�p ; ,, •. �. ;o� .... �,. P � T �' "i no �n r. .� �n. �� .� ' f, r (k' ° CH N � rY ' � it� 16 I �RL.i oc o � -tG,".�'.`-° - z J � .. � s � , ;:e . -'' � A: ��f'( u• s'�•� t �� :,e' M FO 1 .. . � � ♦ `'' i M7 Iq0 .�,li�` � ° _ - A � ;; J , �. s� ` > 3 ../ _ �-0 � � � e.� e ' - - ' � �t l 1�.v.. . . `, ..rii.� h+�.W 7 •t ....i s ° t.s .i 'H � O 43 �24 LOCATtON MAP � #� � � � �i� � i �i -- -�-z--- -�- i -� � � � �, � � �» I _ti � � I .r-��J_--. t r.°r- 0 � � � �� g � � �D � � � �� w � :t?r' ��=� � � €� .. � � L� � �� I� � � II t _- E� � _ . �__.. � : � __,.. � !�� ---,r =--� � E � � SP ��90—]0 Richard Mochinski - _ .. ----- ----- ---, ;;;�;;, � i _ �'i� �;� '•� � lil# � - --- � � �� '_ � �'�� _ � ; �'`��;i _ • '' :�:'' � � ( ; ��:�::! . � � � �� : � � i t�:i•�i ..— � i �� :, 's _... r . �.� �..-« u' w+r . t; � _ _ �� :;� _ � � ; �"'i ,i; � .._. � ;� ��!� � �• � � . i'.�.�.'. r� --- ---� i t; j'ii. pS - --- - � ---•� 1,��,�� ,�. --�- -- -- -- —�---1 � � SITE PLAN SP 4� 90-10 LANDSCAPE PLAN I �: ;.:_ t .:_L: ��r ;�� t� i � �� a� � �_ � i � � � � �� < i . 8! f o-=:= --. _ � �. ;� � � / � [�-::--:_-- . � T � � � ,' i � z � ; � r j O j'j � � j�j o .� o :�. m � � T ; � ��: � �� N m r O 0 m' z 0 m SP 4i90-]0 Richard Mochinski � � JJ �..._. .� _.._ . � ' . � "'... �' '_ '.'T___�.'--�} , •. ;;�- � a ' ;�s'�7h�.�,xz�� I �� . - •--� '� _ � i��-'� J � ' � _ �- },,._: I ,__ _ i. _ _.... �,* �=s . � _ :' � � � � � � � � ; � e � � �� .; � , � � �'"� � �, G L� n � O � .� � 0 0 0 0 0 � 0 , °�o � ,,,,,,,,,,,,,,,,,,,,..._..-- -- � I . � �� , I' �� ,l r :� � i �� : � ,t � Lr � �. - I r � i ! � � � � � ; �� ; � � _� � i f, \, � _ FLOOR PLAN SP 4i90-10 .. , � „--t_--,-� � ELEVATION � � ci�nroF Fr� rx.�r C0�1/iMI,�NI"['Y DEVELOPMENT DEPART'MENT M EMO RAN D UM DATE: July 19, 1990 � TO: William Burns, City Manager �'� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SU.BJECT : Variance, VAR #90-i1, by Walter Rasmussen of 7806 Alden Way N.E. Attached is the staff report for the above-referenced request to construct a gazebo within the 40 foot bluff line setback and the 100 foot setback from the Mississippi River. The Appeals Coinmission recommended denial. Staff recoaunends that the City Council adopt the Appeals Commission recommendation. BD/dn M-90-477 12 � 12A t STAFF REPORT �►�a�s oaTE July 10, zs90 CITY aF PLAM�VG COM��MSSION DATE FRIDLEY �Y Ci�l�1(,iL �/;TE : July 23, 1990 AUTHOR �� I REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST ( LOCATION 7806 Ald�en Way N.E i SITE DATA i SIZE DENStTY � PRESENT ZONING ADJACENT LAND USES 8� ZONMJG UTiJTES PARK DEDICATION ANALYSIS FNVANCIAL MAPLICATIONS CONFORMANCE TO COMPRE�NE PLAN COMPAT�ILfTY WtTH ADJACENT USES � ZONNG ENVIRONMENTAL COI�tSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENOATION VAR #90-11 Qzarles Htmtley for Walter Rasmussen To reduoe the setback from the Mississippi River bluffline fzzzn 40 ft. to 5 ft. , the setback f�n the na�r�l high'wat line fn�n 100 ft. to 50 ft. , and to increase the maximnun allaaable square footage of ac�ssory buildings fz�an 1, 400 sq. ft. to 1,890 sq. ft. 37,174 sq. ft. R-1, Si.ngle Fami.ly DweZling i�-1, Single FaQnily Dw�lling to the N, E, and S; Mississippi Riv�r to the W Yes Yes DexLial 126 Staff Report VAR #90-11, 7608 Alden Way Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.Z5.08.C.(i) requires a21 new structures and uses to be placed not less than 40 feet from the top of the bluffline overlooking the Mississippi River. 8ection 205.25.08.C.(2) requires that all new structures and uses shall be placed not less than 100 feet from the Mississippi River normal high water line as defined by the Federal Insurance Study. Public purposes served by these requirements are: a. To protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety, and welfare of the citizens for the state, region, and nation; b. To prevent and mitigate irreversible damage to this state, regional, and national resource; c. To preserve and enhance its natural, aesthetic, cultural, and historic value for the public use; d. To protect and preserve the river as an essential element in the national, state, and regional transportation, sewer and water and recreational systems; and e. To protect and preserve the biological and ecological functions of the corridor. 8ection 205.07.O1.B.(1) requires a maximum allowable total floor area of 1,400 square feet for all accessory buildings. Public purpose served by this requirement is to maintain the residential quality of a neighborhood by limiting the amount of total floor area of accessory buildings. B. STATED HARDSHIP: "Gazebo is screened from river by trees and other plantings, and this location would make best use of site." C. ADMINISTRATIVE STAFF REVIEW: Rec�uest The petitioner, Charles Huntley, for the property owner, Walter Rasmussen, is requesting the following variances: 12C Staff Report VAR #90-11, 7806 Alden Way Page 3 1. To reduce the setback from the Mississippi bluffline from 40 feet to 50 feet; 2. To reduce the setback from the normal high water line from 100 feet to 50 feet; 3. To increase the maximum allowable square footage of accessory buildings from 1,400 sq. ft. to 1,890 sq. ft. The variance requests are for Lots 11 and 12, Block 5, Pearson's Craigway Estates, 2nd Addition, the same being 7806 Alden Way. Site Located on Lot 11, Block 5, is a single family dwelling unit and an attached two car garage. Located on Lot 12, Block 5, is a second accessory building which contains a two car garage and a wine cellar. The property is heavily vegetated with mature trees, native shrubs, and bedding plants. Analysis The petitioner previously received a variance in 1986 to the same setback requirements in order to construct an addition to the single family dwelling unit (see attached minutes). The petitioner is proposing to construct a gazebo, approximately 14 feet in diameter (see attached site plan for location of gazebo). The petitioner currently has a small accessory structure located within the required setback area and at a lower elevation on the bluff. The petitioner indicated that this structure would be removed. The petitioner indicated that the location of the new gazebo would be more convenient for outdoor entertaining. There is, however, adequate space on the parcel to place the gazebo outside the required setback area. The gazebo would be located closer to the detached two car garage (second accessory building). Some flowers and small shrubs would need to be removed to accommodate construction of the gazebo. In addition to the setback variances granted in 1986, the Council has also granted a variance to increase the allowable square footage of all accessory buildings from 1,400 sq. ft. to 1,649 sq. ft. (lot coverage is approximately 9$). If the Commission denies the setback variances, the petitioner could choose to build the gazebo in conformance with the zoning 12D Staff Report VAR #90-11, 7806 Alden Way N.E. Page 4 code. He would still need a variance to increase the square footage of all accessory buildings from 1,400 sq. ft. The petitioner has reasonable use of the property without this variance. Recommendation and Stipulations: The petitioner can construct the gazebo in conformance to the zoning code. This would then require a variance to increase the allowable square footage of all accessory buildings on the site. The petitioner has reasonable use of the property if the variance is denied. Staff recommends that the A peals Commission deny the variance request, VAR #90-1,�, as presented. Appeals Commission Action The Appeals Commission unanimously recommended denial of the request. The Commission determined that the petitioner did not have a significant hardship if the request was denied. City Council Recommendation Staff recommends the City Council adopt the Appeals Commission recommendation and deny the request. 12E CITY OF FRIDLEY i�ppglii,8 CO1�II�IIBSION l[ESTING, .TIILY 10, 1990 �(''AT.r. �O ORDER • Vice-Chairperson Kuechle called the July 10, 1990, Appeals Commission meeting to order at 7:38 p.m. ROLL CALL• Members Present: Larry Ruechle, Cliff Johnson, Cathy Smith, Renneth Vos (8:10 p.m.) Members Absent: Diane Savage Others Present: Barb Dacy, Planning Coordinator Michael Hurley, 3989 Central Avenue Evonne Tauer, 6161 Hwy. 65 James Nicklow, 6161 Hwy. 65 �,,PPROVAL OF JUNE 19 1990 APPEALS COMMISSION MZ�7 �: �i3OTION by Mr. Johnson, seconded by Ms. Smith, to approve the June 19, 1990, Appeals Commission minutes as written. IIPON A VOICE VOTE, �I+L VOTZNG 71YE, 4TICB-CSA=RPERSON 1CIIECHLE DECLARED THE MOTION CARRIED DNANII'IOIISLY. CONSIDERATION OF VARIANCE REOUEST f9e li i��Ei��itA�SM�SS z 1. Pursuant to Section 205.25.08.C.(1) of the Fridley City Code to reduce the setbak from the bluffline overlooking the Mississippi River from 40 feet to 5�feet; and 2. Pursuant to Section 205.25.08.c.(2) of the Fridley City Code to reduce the setback from the normal high water line of the Mississippi River from l00 feet to 40 feet; and 3. Pursuant to Section 205.07.01.B.(i) of the Fridley City Code to increase the maximum allawable total floor area of all accessory buildings from 1,400 square feet to 1,890 square f eet ; To allow the construction of a screened gazebo on Lots 11 and 12, Block 5, Pearson's Craigway Estates 2nd Addition, the same being 7806 Alden Way N.E., Fridley, Minnesota. 12F �PPEALB COMMIBBION 1�IEETING. JIILY 10. 1990 �AGE 2 �IOTION by Mr. Johnson, seconded by Ms. Smith, to open the public hearing. IIPON i1 VOZCE VOTE, ALL YOTZNG 11YE, VIC$-CSAIRP$RBON 1CtTECHLE DBCLARED THE 1[OTION Cl�RRI$D uiD T88 PIIBLIC H8�lRIN6 OPEN !►T 7:�5 P.M. Ms. Dacy stated the property is zoned R-1, Single Family, surrounded on the north, south and east by single family homes, and to the west is the Mississippi River. The 100 foot setback and the 40 foot setback are contained in the O-2 district, Critical Area restrictions. The subject property has two lots which are combined into one property. On Lot 11 is the residence and garage. Lot 12 has an accessory building which was qranted a special use permit in 1986. Also at that time, the petitioner received a variance to enclose a deck and add on to the south and west sides of the home. There is also an existing screen house on the property near the river. Ms. Dacy reviewed the survey indicating the location of the bluff line from which the 40 foot setbac^k is measured, and the location of the 100 foot setback which is measured from the edge of the Mississippi River. The variance is to have a qazebo 5 feet from the bluff line. The existinq house encroaches into the 100 foot setback as would the gazebo. Ms. Dacy referred to the Site Plan. The property is very well kept and maintained. There are definite garden and lawn areas. The proposed gazebo is for entertaining and would replace the structure by the river. In the eyes of the ordinance, if there is an alternative to meet the ordinance, it must be identified through the variance process. The gazebo could be placed 40 feet back from the bluff line but it would require some changes in landscaping. Based on that, staff is recommending denial of variance requests 1 and 2. The third variance request would be necessary if the first two are granted because the ordinance requires a maximum of 1,400 square feet for the total square footage of accessory buildings. In I986, the City Council did grant a variance to the petitioner for 1,649 square feet. Staff recommends denial of this request also. Mr. Hurley attended the meeting representing Mr. Rasmussen. There is 30-35 feet between the top of the bluff and the river which is extrememly high. As staff indicated, the property is very vegetated .and wooded. His client. Mr. Rasmussen, has spent a considerable amount of money to landscape the area and has mature trees on the property. Anyone coming down the river to this location cannot see the property. It is completely wooded. Mr. Hurley showed the Commission photographs of the site to show the wooded areas of the property. From the pictures, one can see the property is an extremely wooded area. One thing the City wanted is to maintain the integrity and bioloqical, ecological and aesthetic beauty of the river. In this patricular situation and 12G pPEALB COI+IIrIIBSION KEETZN(3, JIILY 10. 1990 PAGE 3 because of the location of the mature trees, the gazebo will not be seen from the river. The nature of the river is not harmed by any means. He did not feel there was any ecological or aesthetic harm to the area. The qazebo would be five feet from the bluff line and there would be no run off onto the bluff line. Mr. Hurley stated that, when considering the square feet, the purpose of the ordinance is to preserve the character of the neighborhood. This property is two full lots, a substantial amount of property. The gazebo is a temporary structure with a cemThe pad, moored down, something like a screened "porch". landscaping that is on the site dictates the lccation of the gazebo. If the qazebo is placed outside the 100 foot area, it would mean doing a substantial amount of work to the property to make the gazebo fit. The property slopes at a rather severe angle. The entire purpose of the gazebo is to enjoy the river. His client is trying to get the maximum benefit of the backyard. The qazebo would be five feet from the bluff line. In lieu of these arguments, he asked the commission to qrant the request. Mr. Johnson asked the reason for wanting the gazebo in this particular location. If one cannot see the river, and other than the landscape problem, why place the structure there? The property appears to be developed to place something there and the gazebo seems to be an afterthought. Mr. Hurley stated that, although you cannot see the river per se, you can see across the river to the other side. As far as any other placement on the site, there is a heavily wooded area; and with the existing walkways, it fits in nicely. Mr. Kuechle asked, if the commission denied the request, what kind of hardship wouZd result. Mr. Hurley stated the hardship is the unique nature of the lot. The 100 foot setback would mean the gazebo would be next to the garage. Landscaping was done to accent the slope of the property. The hardship is the lay of the land and the existing nature of the landscaping. There is no other placement of the gazebo tc have the aesthetic quality. Mr. Johnson asked if the petitioner has used up a12 1400 square feet allowable for accessory buildings. Ms. Dacy stated the property included twc accessory buildings totalling 1649 square feet. The property is considered to be one parcel on the tax rolls. O ON by Mr. Johnson, seconded by Ms. Smith, to close the public hearing. 12H �1PPEALB COIrB�iI88ION IiEETZNa. JIILY 10. 1990 _ PAGE 4 IIPON A i�OICE 90TE, 11LL VOTI�TG 11YE, ViCB-CiiAIR8ER80N �IIBC$LE DECLARED TH$ MOTION CRRRZgD 11ND T'HE pIIBLZC 88ARINa CLOBED 1►T 8:05 P.li. Mr. Johnson asked if it would be possible to put the qazebo out with a non-permanent floor. How would it then be considered? Ms. Dacy stated the way the ordinance defines�a structure and what was proposed led staff to believe that this qazebo is a permanent structure. It has a foundation, walls, floor, and roof. If you have a three season porch on a home, you would need a variance. There is a roof, walls, floor and foundation. She did not know how this could be made temporary. Mr. Hurley stated he did not think there was a foundation. Ms. Dacy stated the ordinance states that something that secures the structure to the ground is considered a foundation. Mr. Johnson stated he felt the owner has done a super job on the landscaping and takes a lot of pride in his property and home. He felt he could be assured the structure being put up will not be an eyesore, it will not be visible from the river, and judging from what has been done, it will be a quality job. . Ms. Smith agreed. The structure will not be visible from the river. The area is fairly heavily woaded. If the gazebo was not placed there, it would be necessary to re-landscape the lot to put it in another area. She did not think the lot is conducive for another location. She did not know if it was desiqned that way. It appears to be the spot to put it. She asked if this was a flood plain. Ms. Dacy stated the elevation of this lot was outside the flood line. Mr. Kuechle stated the problem he had is that one of the rules the commission is urider is that there must be a significant hardship imposed on the landowner. He felt it difficult seeing that this occurs here. It is true that this may be the optimum location and there would be expense incurred to modify landscaping. However, even without a gazebo, the owner has full use of the property and for that reason he would be inclined to recommend denial of the request. Mr. Johnson stated that the main purpose is to review hardship in respect to plans or requests. In that respect, he agreed that he did not see a hardship. MOTION by Mr. Johnson, seconded by Ms. Smith, to deny variance request, VAR #90-11, by Mr. Rasmussen to allow the construction of a screened gazebo on Lots 21 and 12, Block 5, Pearson's Craigway 121 - PP8AL8 COI�iIBBION �8T NG. JIILY 10. 1990 PAQ�E 5 Estates 2nd Addition, the same being 7806 Alden Way N.E., Fridley, Minnesota. IIPON Il VOICE �OT$, 7►LL VOTING 11YB, VICE-CHAIRPBRSON 1CIIECHLE DECI.I�RED TS$ �[OTZOZI Cl1RRIED II�11�1I�[OOBLY. Mr. Ruechle stated this item would go before the City Council for final review with the commission's recommendations on July 23. ,�HOREWOOD INN RESTAURANT: Pursuant to Section 214.11.01 increase the maximum allowable square feet to 112 square feet, an existing pylon siqn, loca� Subdivision #88, the same bei Minnesota, 55432. .B of the Fridley City Code to square footage of a sign from 80 o allow a readerboard addition to on Part of Lot 16, Auditor's �g 6161 Highway 65 N.E., Fridley, Ms. Dacy stated that the petiti ner, Mr. Jim Nicklow of the Shorewood Inn Restaurant, is reques ing a variance to increase the square footage of a free standing s gn from 80 square feet fo 112 square feet in order to add a readerb ard, 3 feet by 8 feet, to the existing pylon sign. The parcel is oned C-3, General Shopping, as are the parcels to the north an east. The code is very specific as to the criteria that need to be evaluated. Based on staff analysis of the criteria, the p itioner has the option of redesigning the existing sign to meet he criteria of 80 square feet or pursue additional wall signage. Denial of the variance request does not deny the petitioner from having additional signage. Staff recommends denial because he variance criteria are not met. MOT ON by Dr. Vos, seconded by Mr. J hearing. IIPON l�i VOICE VOTE, 11LL VOTING AYE, V� DECLARED THE MOTION CARRIED QNANIMOIISLY l�ND AT 8:15 P.K. , to open the public CHAIRPERSON 1CIIECHLE E PIIBLIC HEARINa OPEN Ms. Tauer attended the meeting to act as sp � Nicklow. She stated the Shorewood Inn has current owner for many years. In the last s restaurant�has been experiencing financial prob] to the freeway construction which closed the construction on the road. People are creatures they cannot get to a place, they go elsewhere and person for Mr. i owned by the ;ral years, the ns, due in part ramps and City �f habit. When not come back. Ms. Tauer stated the restaurant has done remodeling but business is still down. There is a lot of competition in the area. Sales are also normally low during the summer season. Econ ically, the readerboard would give the Shorewood a boost to expose the VAR ��90-1 1 Walter Rasmussen 12J -�o _ �`� i2 �s, � �� '��' � �.� .� `� �� - � ti;r .�• '' S _ '� __ zi � `` � .o� � � ? t` ,, � `)� d� ,. � ' _�' � � Q � . J ...-. ♦ " O '.\ � � � L� �� d� �3> ,� � /� � / s �i s s� � \ � � � � � � �� ,:f � .; ;� �! � /il i4 „� ,w ��Q' n . �� ,, ,�, . � �' �� Li� � • � y 1ru ` �.� ; .� ` '' � � ' ; b •:� � �;, f � � i i,• \► . , fi (b� �I�i r�,y ,� �I ', � ` � r�,:+"Q' :/,�� 'N �� l�, ' — ��M�'In ►��NP� .h.h �7` �;�� 1 � i � � v' M� �' � �a. �-.�`� �.�2,� (1 - l�,) y� . ' • � ''�,s,�� 8 r� �� ;+,�.:' :.��'��, 1...NS '1 �'«'� 7 ►. ,. '' •�` +7 G.' (i) � w � � , �� /� Y z -. ��5 � '�•. 9 + . 1�1y/� �� ;% C� � � , A :, 9 , � ��. �i 6l'y� �ti -� ' . �.,r�'' i � �. � ° (� °° 0' '�� a ,� 1 ,y/��+ ° ' ��,ya . � ! � ; �' � �� .;�� , 5� ` • ,y � �, o . � ' � ��.�;; �a� ,,� c� e� �' : • !� � . 3 ?! .i¢ �L ., l/� _,=�=:G 4� �7 � �/•�•' �� r�"��i' ^„ S � '" � w �;� � `' 15 , �`�y :i 'd� �,• Y�' x;� cRAI N y; t �P� . �. �%� , }i � 4 [�� ~ / l'' ,,60 �� : .. (r � 1Vw+r• �/fj M / :, •�K 1�� f�l,l J 4 � iG \ � � p • �e�� 4` : / i �+ � � = y (�� • ��. � � � /� •.. „ L �. ,. ,s '�. o.,, :. ,� : s�.ri . i .�.c� •� � � . • � 7J � ,., �� (,� ., � ,� G� ` i � ,r � / 2 ` ,. ,�. L �,�, .. 3 v � s � �cr % • „� �`- ��` � c"'` ,,� . h�� = `,, P�0 ► ' 9� "' �,��G� r J S�� a� * J � /�I � � S � ,��(�+u , Z '� is� ' ., . � `�� . 3 � ; z. Y� \ �� t� �, - ° ��.�� <+>P ) -�'�•. � � .r ` _ << ;++y ° i� � : . a .,, �� , � • `•f+�' �� _ `•'� / � . �}•'' i' ` /fI C� _°''' . ��JZO, � ' � e o�o) �' (5� � ; ,51 � � . �� (o � � c) , 5'� • , �� L OCATION MAP ■. 8 i%�f \� :\� • s � t 1 7 1� �� P sERTr 6 VAR ��90-I1 Walter Rasmussen � n� G . � i� � � , / •, ' � V` ` , ' ��l�� ,� � z .., ...� .. • • • • 4 �' / •�� , • • • • • r � ♦ • .• ,� � • ' ' � �►',I, �,�r , 'i.tr11. ��5�� . �� •' D6 t �, 69 •�•�..�.�� •7'� • � � • � ��-��, �' � �� ♦; •�� •��•�•�. .�•�•�� Z a�� k � •M • • • • • � • • O • � � • • • �. • • � :,. � � . '� Q ` S/ • �b ,�� •� � i39 •�• �� Y r ' �, � • � •'r ,�� i� � �� i � v `. � � y •M � • • • � ,� � • • � �\ s � .w�, � . . • +x . . . . d . . •. d ,� /�'" � �� °� �••��; �••••••`,i ��' � t �' �+, • 1 w� �� • • � •�� • � • •A • �m� 18 M � � o . ._,' � ^ � �ti ' � i�P� �, •��i�fi • _ T%1��• • �FY ` , , 1 \� ' � � •�� f ♦ • � • \ \ ^.� 4� +. • 0 i 1 �o � . '�'� � �� (,;� ` • t^ � P � . � r � • '\ � , � 1� S ,S � �, ��. 15 . • •.• �� f� !3 �\• � ' • • � ♦ �. 1� • �' `, ,�i � ♦ �I�'� t� " � • �� v' � `�` �t • y ti. 5 . �' , � A� � � ` i t y i � • : �,, _ . \ /N , . i � L , •�, ! •,•.� 'i� . �� , � � � / �� a� •ti, � � ,` I 1 / � ►U _ , . � � `. � � � � t % , . . � ' �� • ' � • . � � � . .t ti � � . ♦ r_ , � � �. � G �a � � � . � / --- �' , • � 0 � ao .. -' , 'f. ': � � .. � p�T� . , � ► , � ; 't� � � � � • ` � s . � = ` �`. . '� ' . ,' � � ,. _� • � ' ,�N E' ; �� ` � �p.� , ; .: ! ^ %�R, � 1S Z � ♦ �T. PAUL ,�� . 2 4,; waTERv+ K �. � � , • . �` 6• 1 � 7 'S � • E14 � t� v ' . ay ' �pM'G , rls '� !+� , 1 � , '' '��E 3i � 1 E�S�p , ' ( � A�f� C�RE � � . . / � � .� � ZONING MAP VAR 4� 90-1 1 Walter Rasmussen 12L -. . �1 � � . -�� . vµ� � . r �N � , , � 1 � ��z � . � � � � ° �? �� -� 3 �� . . . . � �l N,r 8 � � -c � ' � 100' S TBAC . . - � � w � Q � -� � $ .. • -- i � z , . - - � ' - _ - - �- •, : .. -- ��- — � �. � �' � � -, �J � �t BL. F LIN . ; � c w � � -� �, � " � � . . �' ` � z � � • � `�o . _-� � _, � `� , , � i � , .. � , • o � •�� • ; • `� � — � . ��''. s�+,' ` • zH } � tti{ �,� +; ; Np ., ,c � ' � �1 L��'�{� 1 � • �� }! f i � �� ( �l��}� �a�1 � d ` ,,., :, � ti � �4 4i�` � � t + L�i ` • ' � , _ � �I�t1�a ��}� } � � ,� �^ �• � i1��;; t Y �fi�� +• . � � t It � 1 '�! � � J� �� k + T � * �� , � . L�t tiir�k �,, � � .' .� �L��,� �+� � � � ' � � �}�r+� • � A � !4�} ��f�t�� - T �, • .� + ,. .+ ' • • � � t � � . �,y�.� - � 1 � : � • � . : • � ... •• � : j . S�TE PLAN . i} � ��F � }.y. �e }�,- . ,�� -ti.,. , . L , ��' r = �-�:• ��'�� .•�. _ .� 'Y� ,if�.M.•'�K� ��If . �!" � � '- , .�. r'• �, � . ., �:- - , M ., . . �'s `�� ,..j�� ., � ± �>� �� .' .��- �+�`�,y�C, ',,.�� `?'�: �i � s �Kf• �� ` . ' � _ . , ` �� '.�� •• �� ', � � •� F�� '� ��y_ - ' i" � � - .� � t t •+� � 1 r - ' � � e � r . . • i `P��:�• 1 A.• �1 • � .•� _. . � ��• �� .�.�.. ��' y�� a ' '+ �. �. �� !� �, L .T ..� •,� ,, .�;' . .'ti\f �:• � '.: • �• ' � n� • 1�� : ��' '`�.ia/'��r �+�` •'�i.`��J ' �,`��':� .. . =T•I��'' �� • �'�1 �t� �� ,� .. �,-: i . ,� �� s�„� .:�:. . .. -. , , . � � � } - „�,-. "�1, �.. y , . `�.; �+�� -� � • ' ::� � •' �� '� rt��' � � � � e . .�,or�• . -,i; yc-., 1 J � r��f • rf,� `'• 7:+,•. •.�i •r y�.. ,,lf�•'� • •: •.�� ' . -�< �1:.�1� Y � i,j��' �: ��'.�.� tV -Z V � 1`'�-r��•s, • l�� . • 'w ' !L, —>� Q��I�+r �:`�.� .�, � ':� �� • . •� � l�t �tr�' . ' . ' . � �r ' � , 41ti • •:'� ,`•t� µ.� V ,,.- •' •� Y r . . :�+., �" ..,� - ~�M: '.; `3� _ �L. • �..� ��..'Z�, ,�L�'y�,�. •„P'•�.•' ', . .ct. . � r`��t «�� .� :..e�. . -t�:. • '��, '? ;'•�..' \ ��'T •'' P *,a':i: �.� �''� I � '� �-'�• ,�•�'. �� , �•�� ;�;"-�; `'~ N�l►r. • + ' ' f' . �� • f , r — '•� ' �' w •? • . • '�; � � '.r ' • ` � i►• „� ��k� t , . •.� ?�: � • _ . . 1 r � R' • i � - �.�i' �a �� • �� Y .� . • ' '` � + . _ �� '►:• �, ` � . .Y� i _ ' � _�� • �j-�j�+'�•1 �i� 7 '?!,�'� ��ii . , '+�� f. ; , �_* _ y � ,, �� ' ` .3}.'� '- _ 1! Z �'.. •� ✓ ' c-��., �,��; ��. . � i�r i ��' rke'� :• ; ; °i j �� i i . , ? , .1.` ' t `' � . ( � .+ , � � . , - . ' j '' i: ( ; rt ., �..1 ��`'_., t . + 1 + `l�j�u ' � ��' ' .. .. . �� --� — —. . _ ._ ;\ � •'�� 'i' �,F�' • . 4 `\U - . - ' 1 'r � «•. ..�...�--..— . .:,� �. � �^- � ' } t- � ' i ':�:,.- �''- I .I '�', � ,r: •,� � , . �� 1 �r � � 1 � �� . % � •� : ��- - �� '�:�� f��. � r- " .- --� � f . . . � R ,�� R .__ �iT.'e'�1'RfL'��i��tr0.`Rw�.... . w' '_..r. . .r ...�-. .. ._ ..7 _ .�a ! • ' , . . .. ,,i . • � - r �., ' , ' � � � � '. ' •'1 ��.:.. .i . � � t ' ' � -'�. • ' ' � . .. ' �_ �.. . _ . - _ � � � �. . �" �� .' , t � .. ' � , ' . -.�,.. - . -'~' - — — .. ,� ,Y �,;+.,� - � R , �� C. , 4 . �`s� f � ! �[y„� ;;� �ti� � �`�'," fi �� .�� !.�1_ :� � ♦ � �� , n ti .�^ � � �'� � -- ` '�,,�� ` �. � +„ � i / � �� • r � � Vf�i �ZEBOS BY DAYSTA� r � __�: DISCOVEA THE DAYSTAR DIFFEI�ENCE QUALITY CONSTRUCTION • All materials included in the Daystar gazebo kit are fult dimensional 100� Western Cedar, noted for its lifelong durability, with a natura! beauty that needs no painting or staining. • Wall, roof, and floor panels are preconstructed and ready to assemble. The Daystar panels fit securely and provide substantial structural strength. � Each wall panel is fully screened with high quality fiberglass screen as a protection against insects. • Daystar's exclusive roof panel design alleviates leakage problems fre- quently encountered in other gazebos. _ ..,.,�r ,..r f rs .� , .-.. . - � � = � 'r� ; . , , , .� ��`: .. �` ..- �2N EASY ASSEMBLY • Using a wrench, hammer, and screwdriver, two people can assemble a gazebo in less than one day. • Panels are bolied together with galvanized metal fasteners, combining ease of assembly with strength and durability. • Daystar gazebo kits contain all materials required for assembly, including an instruction booklet. AVAILABLE OPTIONS • Cedar or asphalt shingles. • Interior finishing kits. • Preconstructed cedar Floor panels. • 12 or 14 foot models. ust o� �cr,.;�cc �: e v � .,,., -- - .-�_ _-----�- J (�iI wi�e 11' he��h�' to� eu.c.�. pu•��\ Precision engineering of gazebo components, along with iarge-scale manufacturing capabilities, have enabled Daystar to produce a quality product at an affordabie price. The Daystar combination of unique design, quality materials, and fine craftsmanship results in a superior �inished product. DAYSTAR INVITES YOU TO COMPARE ... Daystar is confident that your own investigation of competitive products will convince you that a Daystar gazebo represents the best value available today. UNIQUE QUALITY AND AFFORDABILITY ... THE DAYSTAR DIFFERENCE A 3. SSIOf� MEETIN6 ER 16 , t 986 I. TiiE DRI VET�AY BE FACE 2. THE NORTA WALL BE A iI UPON A VOI � , ALL VDTZNG AYE, Cf114IRPERSON 8ET UNANIXDUSLY. PAGE 5 THE MOTION 120 MOTION BY MR. BARNA, SECONAED BY !!R. SEEREK, TO OPEN TXE PUBLIC HEARING. UPAN A VOICE VOTE, ALL VOTZNG AYE, CIIAIRPERSON BETZOLD DECLARED THE PUBLIC HEA.RING OPEN AT 8:03 P.M. � ADlfINISTRATIVE STAFF REPOR7 7806 Alden Way N.E. VAR �Y86-26 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.25.8, C, 1, requires all new structures and uses to be placed not less than 40 feet from the top of the bluffline overlooking the hlississippi River. Section 205.25.8, C, 2, requires that all new structures and uses sha.11 be placed not less than 100 feet from the Mississippi River normal high water 7ine as defined by the Federal Administration's Ftood Insurance Study. The Public Purpose served by the standards and guidelines as laid out by the Interim Development Regulations ior tt�e Ftississippi River Corridor Critical Area are as follows: a. to preserve and protect a unique and valuable state and regional resource for the benefit of the health, safety, and welfare of the citizens for the state, region, and nation; b, to prevent and mitigate irreversible damage to this state, reoT�nal, and natura7 resource; c. to preserve and enhance its natural, aesthetic, cultural, and histori c vai ue for the publ ic use; 12P APPEALS COtT1IS5I0N MEETING, SEPTEMBEP. 16, 1986 _ PAGE 6 '' d, to protect and preserve the river as an essential element in the national, state, and regional transportation, sewer, and water, and recreational systems; and e. to protect and preserve the biological and ecciogical functions of the corridor. B. STATED HARDSHIP: "We request the variance...to add an addition to the northwest and southeast corners of the existing fiouse. The additions each enclose a portion of the present deck and are to be designed for passive solar heating." C. AQPiINISTRATIVE STAFF REVIEW: In keeping r�ith Section J3 of the Interim Development Regulations for the Mississippi River Corridor Critical Area, the local unit of government may grant a variance from the strict compliance of the setback of the interim regulations after an administrative hearing conducted according to the regulations of that local unit of government and may be granted only then, after the following findings are made: l. 7he strict enforcement of the setback or height restrictions will result in unnecessary hardship. "Hardship" as used in the considera- tion af a dimension variance means that the property in question cannot be put to a reasonable use under the dimension provision of these Interim Development Regulations. 2. There are exceptional circumstances unique to the property that were not created by a landowner after April 25, 1975. 3. The dimension variance does not allow any use that is not a cornpatible use in the land use district in which the property is located. 4. The dimension variance wil) not alter the essential character of the locality as established by these Interim Development Regulations, 5, The dimension variance Ki11 not be contra�y to the Order. Mr. Robinson stated the proposal as outlined included the addition of a screened-fn porch area on�the river side and an addition on the southerly side of the house. Ne stated the additions were explained as actually enclosing deck areas that were already existing. Mr. Charles Huntley stated the addition an the northwest corner was basically a 12' x 18' addition--a three seasan type of porch with a study on the second floor. �ie showed the Carmissioners the plans. 12Q APPEALS COrt�tISSION MEETIf�G, SEPTEMBER 16, 1986 PAGE 7 Mr. Betzold asked Mr. Huntley to more fully describe the passive solar heating as there was statutory consideration for solar heating as a hardship. Mr. Huntley sLated solar heating wou7d be a plus �n the wintertime and a plus in the surtmertime as well. He stated that at this point it was not considered as an active solar system, but they refer to it as a passive solar system. They will be utilizing the exposure to the sunlight,plus they will also contro� the circulation of air in the spaces with the use of fans. In both structures they are looking at masonry floors which will in part retain the heat and the other details they had not totally addressed, and � he had no further information to give to the Cafmissioners at this time. Mr. Robinson stated the intent of the code, as he saw it, was to preserve the natural quality of the river corridor or the aesthetics. This property was very well take care of, very manicured, and, in his mind, the additions were not going to create any problems with erosion or damage to the natural vegetation. He did not see these additions as contrary to the intent of the code. Mr. Betzold stated that within the past year, someone else in this neighborhood came before the Appeals Commission wlth a variance request. He stated the Appeals Commission approved the request, but because of the strictness of the Code with anything Lo do with the river, they had recommended that the request also go on to the City Council. He felt strongly that anything to do ►vith the river should a]so be 7ooked at by the City Council. • MOTIDN BY MR. BARNA, SECONDED BY 1N5. SAYAGE, TD CLOSE TXE PU$LIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED TXE PUBLIC HEARING CIASED AT 8:?5 P.M. Mr. Barna stated that as far as the bluff line, the established bluff line, through some beautifu7 landscaping, did not follov� the legal bluff line, and was established prior to April 25, 1975. He stated the lower floor level was approx. 829.7 ft., and he was quite sure the flood water level was only about 798 ft, so the elevation of the property at the 100 ft, setback was above that,which was the major intent of the l00 ft, setback. On the solar aspect, he did not see any definite solar plans other than using the more �odern glass, but he could not see any sense in putting in m�re modern glass if the property owner did not put in the additional solar amenities that are presently avai]ab7e for so]ar construction. Mr. Barna stated he was sure the property owner was not going to do a"shoddy" job. The property owner in the past has shown a willingness ta invest large sums of money into his home and property and takes great pridF in it. Mr. Betzold stated that if this was brand new construction, ct course it could not be built, but the home was built before the regulations went into effect on Apri) 25, 1975. Essential�y, the property awner would be enclosing an existing deck which would be there whether the variance was granted or not. On the other side, the addition v+ould not bring the house any closer to the river. He stated it was important that the passive solar heating aspect be part of the hardship. He thought the additions were compatible with the 12R APPEALS COt*1ISSIOf� MEETING, SEPTEN�ER 16, 1986 PAGE 8 existing use of the land and did not alter the existing character of the land. He thought the test had been met, assuming the designs do address the passive solar heating requirement. Mr. Sherek stated the Commission was doing some speculation without seeing any specific plans, and those plans should be established before going to the City Council. Mr. Betiold stated he wou7d recarmend to the City Council that if the solar design information was not available at the City Council meeting that the City Council deny the variance until that information was made available, because that was where the hardship was addressed. He did not think there was a hardship without the solar aspect. MO:'ION BY MR. BARNA, SECONDED BY XR. SAEREK, Tt� RECOMPfEND T10 CITY CDUNCIL APPROVAL OF VARIANCE REQUEST, VAR N86-26, BY GYARLES HUNTLEY� PURSUANT TO CHAPTER 205.25.8, C, 1, OF THE FRIDLf,'Y CITY CODE Tb REDUCE THE SETBACK OF A STRUCTURE FROM TNE RIVER BLUFF LINE FROM FORTY (00) FEET !l� EZGHTEEN (18) FEET TD ALLOW AN ADDITION TO THE NORTHWEST CORNER OF TXE HOUSE; AND, PURSUANT !L� CXAPTER 205.?5.8, C� 2� OF THE FRIDLEY CITY CODE� TO REDUCE THE SETBACK OF A STRUCTURE FR01►f TXE MISSZSSIPPI RIVER NORMAL HIGH WATER LINE FROM ONE- XU1'IDRED (100) FEET TO EIGXTY (80) FEET TO ALLOW AN ADDITION ON THE SDUTX SIDE OF TXE iIOUSE, ON LOT 11� 9I�OCK 5� PEARSON'S CRAIGWAY ESTATES SECOND ADDITIQN, TXE SAM.E BEING 7806 ALDEN WAY� FRIDLEY, MINNESOTA, WITX THE STIPULATION THAT A PASSIVE SOLAR DESIGN BE PRESENTED TO TXE CITY COUNCIL. UPON A YOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED TNE MOTION CARRIED UNANIMOUSLY. ADJOURP�MENT: MOTIDN BY MR. 9ARNA, SECONDED BY MR. S�EREK, TO ADJDURN THE PlEETING. UPON A VDICE VOTE, ALL VOTING AYE, CXAIRPERSON BETZOLD DECLARED THE SEPTEI►fBER 16, 1986, APPEALS G1�MMISSION XEETING ADJOURNED AT 8:35 P.M. Respectful)y submi ted, % ��' ynn�` Saba Recording Sec�etary 12S K� 1► 4� v��Yl�_ �� 1►�;t �; . : . reaadif ication of Chapter 6. Sey,xr�ec] b� m�cilman Barnette. It was the wnvensus o e miarcil that the C�►airperson of the Planning �mnission should e voting privileges. UPON A VO Vo►IE �I Qt gIE ABOVE t�DTION, all voted aye, and Mayor Nee declar the motion csrried unanimously. ; �« \I ►. M�! v1 �1 /M_ • y.!_ ; �' : . �� i„ � • • tiJ� �4�'„i: �. • : . ��1 � '; y • �i /.� _�.�!_ �?� � �4� !;_' :. . +� C�� . 4� ��_: �!. • ; �f9' 4�i J� �l��v 4. � \�_ ' ' 1 �_�n �� ; �� ± y�!_ ��4= : �1. • ; � ' .4�t !� _ L� � 4.! : �I_ ' ►! � u � e • .�: �?�' f.� �� . !.. ; : �� y � � ` 4: �� !4:!_; '� !� • 4� �i� � � �� : _ �M• ' _e.� �� M�Q �/: - _��: � �!� �i� ; � � y • � M:! -� �- ' �. :1 . ; � � .�; � «.: � ._ .11�fM .�l I�. Fiora, Fuhlic Works Director, stated this is a request foz variances to rec'i�oe the setback of a structure frcm the river hluff line fran 40 feet to 18 feet to allvw an adc�ition to the northwest wrner of the house and to redloe the setback of a strvcture fran the Mississippi River normal high water lire fran 100 feet to 80 feet tro allaa an addition on the s�uth side of the house at 7606 Alden Way N. E. Mr. Flora stated the petitioner prop�ses to oonstruct a closed-in area to the area of his property and amther area t� the s�uth and use Fassive solar heating. Mr. Flora stated, in keeping with Section J3 of the Interim Developnent Regulations for ti�e t�Sississippi River Q�rrid�r Qritical Area, the local unit of goverrmerrt may grant a varianoe fran the strict mmplianoe o� the setback of the interim regulations, after an ac�ninistrative hearing conducted aoo�rding to rec�lations of the local tnit of g�verrment and may be granted only then, after the following findings are made: (�1) The strict enforaanem of t�e setb�ack or heic�t restrictions will result in w�eoessary harcishi� "Hardship" as used in the oonsideration of a dimension variance means that ti�e goperty in questian carunt be put to a reasonable use under �e dimension �ravision of tt►ese Interim Developnent Regulations; (2) There are exceptional circa�nstanoes unique to the goperty that were not created tr� a lancbwrer a�ter A�xil 25, 1975; (3) The dimension variance cbes not allaa any use that is not a aoKnpatiiale use in the land use di.strict in whi.dz the property is located; (4) The c3imension varianoe will not alter the essential character of the locality as established by these Interim Developnent Regulations; anc7 (5) The dimensian varianae will rr�t be mntrary tro the order. I�lr. Flora stated the Appeals Commission recommendecl approval of the varianoes Witi, ti�e stipulation that a passive solar design be presented to the Gb�cil. He stated a design for this system has been euimitted to staff. NpTmN b� ��ciiman FS.tz�atrick to mncur wi� t�e irtianimous rec�nez►dation of the ApQeals Cbmmission and grarit varianoe request, VP,R #86-26, to reduce -13- 9. R� 1�. �i?!�y �. • � y��,:.�� the setback of a structure fran the river aluEf line fran 40 feet to 18 feet to allow an addition to the mrthwest c�rr�e= a� the 1'�ouse and to reduoe the setback of a structure from the Mississippi River normal bi9h water line f rcm 100 feet to 80 feet to allow an addition on the s4uth side o� the house at 7806 Alden Way 1G. E. for purposes of providing passive solar heating. Ft�rtr,er, while the Cauncil believes the circ�nstanoes involved in this request meets the five findings, as outlir�ed a�ve by staff, the property owrier will hold the City harmless from any finding by the Federal goverrment, or any other agenc.y of goverr�¢nent, that the adaition is in violation of their rules. Sec�nc3ed b� Cbincilman Goo�Peed. Upon a voice vote, all voting aye, I�yor Nee declared the motion carriecl Laianimovs1Y• NL�TION by Councilman Schneider to reoeive the minutes of the Planning Co�rcnission meeting of Septenber 24� 19�r Nee declsed the�motionacarried Up�n a voioe vote, all voting aye, May unarumously. � 1y?�„i: a1' ' �� •• !� �. M �i • � a�� ►�� . • �� : 4 • � ' �:i�l��l �:� - - -- ..._ .. �_. • Mayor Nee stated the Cable Television Commission ha recommended an adjustment in allocation of the franchise fees to incr se the �ntribution reveived b� the �1nolca Cbta►h' Qonanuni°at�°ns worksho ron 408 to 60$. 1�. I3eunarr-S�tt, representing the ACQ^T, statQC3 report was comFuled dated August 13, which theY felt mvered thei r r�ee . He stated it is f igured by the end of 1987, they would have to cut servioes, if they oontinue to reveive 40$ of the frand�ise fee. He st d they i�ave, therefore, requested an increase to 60$ of �e f ranchise f. Mr. Hint, Assistant to the CYty Ma ger► stated ever since the f ranchise went into effect and since existance of the ACGW, the Council cvntributed to the Workshop wi ftncis frcm the franchise fee. He stated ea� year, until 1983, the cil decided on the ano�t to be mntributed. He stated sinoe 1983, all rties agreed that 40$ of the fee would cp to the ACQti1 s� a request woulc3�' have t�o be made every year. Mr. Aunt stated, u'�de those cirumstanaes, the City began to develop its own ci�iarmel with a rtain amo�t af assurances for funds. He stated the C�tale Qa�nission's 'scussion did not taWe into acxn�t the City's channel �a ar�, inQe,ase the p,CQ�I would have an impac� on the City's cfiannel and its operation. e stated if �e Workshop's request was honored, it would cut fu�ding o the City's g�verrment channel by aver $11,000. Ae stated same af �e tens a000mplished throu� t3�e City's ciiaru�el was an award fran Sister CY 's International. Significant o�verage is prwided of City Council etings, publicity throu� the Internati= �«C in �=a�ing Assflci ' on, shared tapes with ather cities, and c�ope Ft 9 e�v and prwiding information on tourian faci.lities. He stated the fact -14- 12T � � cinr oF F�a� C011/W1UNtTY DEVELOPMENT DEPARTMENT MEMORANDLiM DATE: July 19, 1990 � � , TO: William Burns, City Manager �� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance, VAR #90-12, by the Shorewood Inn Restaurant Attached is the staff report for the above-referenced sign variance request by the Shorewood Inn restaurant. The Appeals Commission recommended approval of the variance on a temporary basis, subject to the following stipulations: 1. 2. The variance be reviewed in three years. The variance terminates with the current ownership of the property. Staff maintains its original recommendation and recommends that the City Council deny the request. Approval of the request would be inconsistent with past Council decisions regarding sign variances for the Hillwind Center, Conoco, and Minikahda Mini-Storage. Staff has also received a sign variance for the August 7, 1990, Appeals Commission meeting. It may be difficult for Council to deny this future variance if they approve a"temporary" variance for the Shorewood Inn. BD/dn M-90-476 12U � � Zv �► STAFF REPORT APPEALS DATE July 10, �90 CITY OF �� coM�rss�or� DATE F[ZIDLEY CIl'Y COI�VqL DATE : July 23, �990 �ur�+ rq`'�1= REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST IOCATION 6161 Highway 65 NE SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONNG UTUf'ES PARK DEDICATION ANALYSIS FNVANCIAL IMPLICATIONS CONFORMANCE TO COMPREF�J�{SNE PLAN COMPAT�ILITY WRH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #90-12 Shorewood Inn (James Nicklaw) Zb increase the allawable square footage of a f�e- standing sign in a vor,mercial district from 80 sq. ft. tA 112 sq. ft. 95,176 sq. ft. C-3, General Shopping C-3, General Shapping, to the N, E; 1�1, Single Family Dwelling t�o W; Nbore Lake to S Tpn i al 12W Staff Report VAR #90-12, Shorewood Restaurant Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Sectioa 214.11.02.B requires a maximum size of 80 square feet in area per development for free standing signs. Publ ic purpose served by this requirement is to control visual pollution and excessive signage in commercial area. B. STATED HARDSHIP: None stated C. ADMINISTRATIVE STAFF REVIEW: Rec�uest The petitioner, Jim Nicklow, is requesting that a variance be granted to increase the square footage of a free standing sign from 80 square feet to 112 square feet in order to add a readerboard addition to the existing pylon sign. The petitioner will be using the proposed readerboard for on site advertising. Site The parcel is located on the north shore of Moore Lake east of Highway 65. Located on the site is a restaurant facility. The parcel is zoned C-3, General Shopping, as are the parcels to the north and east. The parcels to the west are zoned R- 1, Single Family Dwelling. Analysis The permit for the existing pylon sign was issued June 23, 1987. In addition, the petitioner has two wall signs on the north and west walls of the restaurant for which permits were issued on August 7, 1987. There are four criteria that the applicant needs to prove before the Commission shall grant a sign variance. These four items are outlined in Sections 214.21.02.A-D of the City Sign Code: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. 12X Staff Report VAR #90-12, Shorewood Restaurant Page 3 The parcel is highly visible to passing traffic on Highway 65, as are the other adj acent parcels which are zoned C-3 , General Shopping. These parcels include the Sears Outlet Store, the Shorewood Shopping Center, and the Moore Lake Commons development. In this manner, there are no exceptional circumstances that apply to the parcel. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied to the property in question. Currently the pylon sign is at the maximum square footage allowed by the code for a free standing sign. A variance was granted for the pylon sign for the Moore Lake Commons development in 1988 to allow the square footage granted with the original sign permit to remain (see attached minutes). The permit for the Sears roof sign of 300 sq. ft. was issued in 1970 prior to the revision of the sign code. Should Sears chaose to change its sign, the new sign would have to comply with the current code requirements. C. That the strict application of the Chapter would constitute an unnecessary hardship. The petitioner has an opportunity to add additional wall signage on the north (up to 96 sq. ft.) and west (up to 85 sq. ft.) walls of the restaurant. Denying the variance to increase the size of the pylon sign would not create an undue hardship for the petitioner. 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 the property is located. The purpose of the City Sign Code is to control the amount of visual pollution created by large signs or extreme numbers of signs. Large numbers of large signs may be visually distracting to motorists traveling on adjacent roadways. There may be a potential traffic safety concern with the granting of variances for larger signs. 12Y Staff Report VAR #90-12, Shorewood Restaurant Page 4 Recommendation Because the proposed request does not meet the four criteria outlined and because other alternatives exist to increase the amount of signage on the parcel, staff recommends that the Appeals Commissian deny the variance request, VAR #90-12, as requested. Please note that while the submitted graphic indicates a 24 square foot readerboard, the petitioner wants the ability to use a 32 square foot sign, thus the request from 80 square feet to 112 square feet. ApAeals Commission Action The Appeals Commission unanimously recommended to grant the variance on a temporary basis, based on the following conditions: 1. The variance be reviewed in three years. 2. The variance terminates with the current ownership of the property. The Appeals Commission determined that this was a compromise in permitting a temporary variance to enable the restaurant to re-establish lost business. Further, the Commission stated that it would be better from a public safety stand point to have the signage on the pylon sign versus on the wall of the restaurant. Citv Council Recommendation Staff maintains its original recommendation for denial. Estates 2nd Addition, the Minnesota. IIPON il VOICE VOT$, 11LL � DSCL�?iRED TH8 1[OTION Cl�RRIBD being 7806 Alden Way N.E., Fridley, ]1YE, VIC$-CHAIRPBRBON 1CIIECHLE )IISLY. 12Z Mr. Ruechle stated this item woul go before the City Council for final review with the commission's ecommendations on July 23. _ �. _.�,. . .__ _ . . , _ ONSIDERATION OF VARIANCE REOUEST �- - �Y JA�S NICRLOW, S�HOREWOOD SNN RESTAURANT: Pursuant to Section 214.11.02.B of the Fridley City Code to increase the maximum allowable square footage of a sign from 80 square feet to 112 square feet, to allow a readerboard addition to an existiag pylon siqn, located on Part of Lot 16, Auditor's Subdivision �88, the same being 6161 Highway 65 N.E., Fridley, Minnesota, 55432. , Ms. Dacy stated that the petitioner, Mr. Jim Nicklow of the Shorewood Inn Restaurant, is requesting a variance to increase the square footage of a free standing sign from 80 square feet to 112 square feet in order tc add a readerboard, 3 feet by 8 feet, to the existing pylon sign. The parcel is zoned C-3, General Shopping, as are the parcels to the north and east. The code is very specific as to the criteria that need to be evaluated. Based on staff analysis of the criteria, the petitioner has the option of redesigning the existing sign to meet the criteria of 80 square feet or pursue additional wall signage. Denial of the variance request does not deny the petitioner from having additional signage. Staff recommends denial because the variance criteria are not met. I+iOTiON by Dr. Vos, seconded by Mr. Johnson, to open the public hearing. IIPON A QOICE VOTE, liLL YOTING I1YE, VICE-CBAIRPERSON 1CIIECHLE DECLARED THE MOTION CARRIED IINANIM0�8LY AND THE PIIBLIC BEARING OPEN AT 8:15 P.M. Ms. Tauer attended the meeting to act as spokesperson for Mr. Nicklow. She stated the Shorewood Inn has been owned by the current owner for many years. In the last several years, the restaurant has been experiencing financial problems, due in part to the freeway construction which closed the ramps and �en construction on the poad. Peoplo els where and do n t� clome back. they cannot get to a lace, they g Ms. Tauer stated the restaurant has done remodeling, but business is still down. There is a lot of competition in the area. Sales are also normally low during the summer season. Economically, the readerboard would give the Shorewood a boost to expose the 12AA j�PPEALB CO24IIBBION lSSETI1dG. JIILY 10. 1990 PAG� 6 restaurant with little expense. This is the least expensive way to get a lot of exposure. A new sign would decrease the amount spent on newspaper advertising, and would expose people to what the restaurant has to offer. If a board were to be put on the building, it would be less visible. It would be difficult to read something on the building. Zf you are driving by, a siqn can be easily read by the road. She felt the sign is well done and would not be a visual problem. The existing sign is good lookinq and was constructed by a professional sign company. The owner now has bids for a readerboard. It would be good looking and well maintained. The siqn represents what is inside the building. It is needed to promate business and is a matter of survival. The restaurant needs help getting back on their feet. Mr. Johnson asked if the Shorewood owners had thought of changing the sign design to fit in the guidelines. Ms. Tauer stated they have talked to sign companies. This would require a great deal of money and the rest�urant is not able to do that. A readerboard is less expensive. Dr. Vos stated that according to the staff report the restaurant could have additional wall signage on the north and west sides of the building as an allowable sign allotment. Mr. Ruechle stated they have two siqns on the building. Ms. Tauer stated these signs simply say "Shorewood". Other signs would not be effective. Dr. Vos stated the readerboard on the pylon would be 24 square feet. On the west side of the building there is up to 85 square feet allowable and on the north up to 96 square feet. Ms. Tauer stated these cannot be seen from the road as clearly. They are currently using a banner because that is their only option right now. They have a permit to display the banner. Dr. Vos asked if Sears has a readerboard. Ms. Dacy stated yes, on the west side of the building. Dr. Vos felt people do look at the signs. He felt the Shorewood had an attractive sign and �ogo that identifies the Shorewood. While he can understand the arqument, he thought the readerboard would detract rather than enhance the pylon. Ms. Tauer stated the thought the sign could be made very attractive. - . . lIPPEALB CO�IBSZON 148$TING. .TIILY 10. 1990 p�!�E—� Ms. Smith stated she could see the reason to put it there. As it is, the type of siqn brings to mind others that have letters missing and are poorly maintained. Ms. Tauer stated they are lookinq for something that looks professional. The purpose is to protray the Shorewood as a good p2ace to come. Maintenance would not be a prablem. �IOTION by Dr. Vos, seconded by Mr. Johnson, to close the public hearing. UPON A VOICL VOTE� 11LL VOTING 11YE, VICB-CSAIRP$RSON 1CIIECHLE DECLARED THE MOTION CARRIED 11ND THE BIIBLIC HEARING CL08ED !1T 8:25 P.M. Ms. Smith etated she can see a hardship. She is aware of the area. The Shorewood has done a lot to support the community. The sign that is there is very aesthetic. She felt a reader sign would take away from what it looks like now. She did not think it would be distracting to the traffic any more than anything else in that area. Dr. Vos stated that, in looking at the four criteria used by staff, and thinking of what would be exceptional and extraordinary circumstances, the Shorewood is visible across lake. Sears does not have a pylon. It seems that if you want to do something you � can do something on the north and west walls. Ms. Smith stated there are some until one is right there. One order to see a sign on the wall. to make it hard to be seen. trees there that hide the view would have to be right there in The building sits back far enough Mr. Johnson stated another problem is the stop sign at the shopping center intersection. If that is the only aternative, they may take that. From a safety side, this would be better. Mr. Kuechle agreed that of all the options this consideration w�uld be one of the best. He would like to see the restaurant succeed because it is an asset to the city. However, he has a problem exceeding the 80 square feet because we get numerous similar requests. City Councilmember Schneider stated that this corner has turned into more of a problem than anticipated. The shopping center is not getting the business as hoped. He is a patron of the Shorewood and has observed that business is down. Improvements have spurred development. He asked if there was some other option that could be considered, even if it is something temporary. He feels there is a hardship here. Ms. Dacy raised a point regarding th�enter that Shorewood has a reduced variance to what the shopping 12CC �iPPEALB COMMIBSION KEETING. JIILY 10. 1990 PAGE 8 has. It seems there are extenuating circumstances that might warrant consideration. Dr. Vos asked if they could stipulate a length of time on a readerboard. Councilmember Schneider stated they could grant the variance a 3 to 5 year period and then subject to review. Ms. Dacy stated a special use permit is different by statute. The commission can put stipulations on sign variances. The City Council can put a time limit on how long a sign can be up at that location. The only caution is that "temporary" often turns into "permanent". It is sometimes better along with the stipulation to sign an agreement with the petitioner, so that if the sign is not down, the City will remove it and the cost will be assessed to the property. Dr. Vos stated that if the sign was temporary the owner could ask for extensions. What would be the reaction to the petitioner if we put a timeframe on the readerboard? Ms. Tauer stated it was better than nothing. She thought management would be agreeable if that is the only way it can be done. Dr. Vos asked if Ms. Tauer had any reaction to how you can get to the Shorewood. Ms. Tauer stated access is not a great problem right now. We do have something of a problem with getting in and out. Access was completely shut off for almost two years. Ms. Smith stated she felt better approving the sign with a stipulation for a specified number of years because the City could then see if the sign was maintained and looked nice. Dr. Vos stated he felt better about a time limit on a sign on a pylon than a large sign on the building. Mr. Kuechle asked if this was an option for the commission. Ms. Dacy stated the commission could do this. Dr. Vos asked what a reasonable timeframe would be. Mr. Kuechle felt three years. In that time, the owners should know in that time if it is helping. Dr. Vos agreed, stating that in five years the sign would be pretty much permanent. 12DD aPPEALB COMMI88ION 1[BETING. JIILY 10, 1990 PAGE 9 Mr. Johnson stated in five years they will know if they are going to make it. Dr. Vos asked, if you put a sign up, does it go with the business? Ms. Dacy stated yes, but you can specify the variance terminates with the business. She cautioned that this option should be used sparingly. Dr. Vos asked if it was worth putting on the stipulation regarding ownership. Ms. Smith felt it was. It is important. If the sign is not successful and they go out of business, you would not want someone else to come in and have the sign. O�I TION by Dr. Vos, seconded by Ms. Smith, to recommend to the City Council approval of variance, VAR #90-12, by James Nicklow, Shorewood Inn Restaurant, to increase the maximum allowable square footage of a sign from 80 square feet to 112 square feet, to allow a readerboard addition to an existinq pylon siqn, located on Part of Lot 16, Auditor's Subdivision #88, the same being 6161 Iiighway 65 N.E., Fridley, Minnesota, with the following stipulations: 1. The variance be reviewed after three years. 2. The variance terminates with ownership of that particular parcel. IIPON A VOICE VOTE, ALL VOTING 7►YE, VICE-CHAIRPER80N 1CUECHLE DECLARED THE MOTION CARRIED IINANII�IOIISLY. Ms . Kuech2e stated this item will go before the City Council on July 23 with the recommendations and stipulations as stated. P,DJOURNMENT•. OM TION by Mr. Johnson, seconded by Ms. Smith, to adjourn the meeting. IIPON A VOICE VOTE, �1LL VOTING AYE, VICE-CBAIRPERSON 1CUECHLE DECLARED TSE .TIILY 10, 1990, lIPPEALB COMMIBBION MEETING ADJOIIRNED AT 8:43 P.M. Respectfully submitted, " �. (/�'0�"7iiv�J Lavonn Cooper ��'°J Recording Secretary -� � , ' I , - • - --�-1--� � y.. , � -s �� Q!1 � ;w � .� � i +� i� �P� VAR 1�90-]2 Shorewood Inn 12EE S 1/2 SEC. !3, T. 3 L �/TY OF FRJDL EY 14 ��' a�i� a I �� / i � t6 i i i i� •'20 �� G' f ' �CATION MAP � � � ! 1 � , � l. �`• f l.�T G!/` � !u VAR 4� 90-12 Shorewood Inn �% r G EL�VATION � CiTY OF l�At06EY. syucct s.a, uNrvEiesmr «rr�. �. ia�OiEr� MN. idaa! fi� i7�-i�i0 coMMUNm �vEtorr�En+T av. MOTECTtYE 1NSPECTION fEC. SIGN PERMIT �E� 0+7f s-�•�t 6/23/87 �os �oa+ess 6161 Highway �65 N.E. � �EG�� LOT NQ. lIOGK TR1.CT W� ADDITION Descp. Pt. Auditor's SUbdivision #88 2 �OPERTVOWNER MAILAOORESS 2 ►�GE O� � � 4 0956 RECEIPT NO. �sl yY a►oqOvfD 6� soo Shorewood Inn 6161 Highway #65 N.E. 571-3444 � i�6N EREGTOR MAllAO011E55 ��5 Z�P PMONE I�CENSf NO M Orensten Signs & Design 12H2�[S Washington Avenue No., Mpls 55411 � S18N TTPE 545-�7%.58 ( ) MALL K 1 �Y�ON ( ) ROOF ( ) OTMER S CONSTRUCTED OF: 6. 20NIN6 Metal/Plastic C-3 7�UILDIN9 LENYTH • EXISTINO f1�N AREA � YAXIMUM AREA ALI.OWEO a Cu►ss oc w�aK ❑ N� D ADDITION O ALTERATION O REPAIR % 11 DESCRIBE �ON AP�'j�'9RADE: LENGTM: 1?� MEIONT: 5� �=�� SO� 12 ME39AOE (SEE ATTACMED 8KETCM) "Shorewood" � ST{PULATIONS / � / 1 � -, , /� �� SEPARATE PERMITS ARE REOU�RED fOR EIEC:RICAI, MNIINO� OR REVOLVIN3 B£ACONS, 21P FLASNER8� ANO SIMULATED DEVIGEB, ALTERATIQN OF TNE aU1LDlNA. IkCLU�IN6 I�NY $OURCE OF L18HT WNICM CMANGES {N {NTENEITY TNtS PERMIT lECOMES NUII ANO YO�O 1i WORK OII CANSTRUCt1pN ARE PROM{9fTED. AUTMOR�IEO 1S NOT COMIAENCEO WlTMtN 56 OAYS, OR IF CONSTA1fCt�ON OR WORK t5 SUSPENDED Oit ABAHOOwEO fOR A PEii100 Of 12C CAYS AT ANY T1111E AiTfR WORK IS C0IAMENCEO. 1 MERfSY CiRTtfY �NAT t MAVf,REAO AND EXAIAINEC TMIS APP�K,ASIpH ANp KNOW iME SAME TO 6E TpUf AND COpRECT. +tll *AOVtS►CNS OF LAWS yA�UATION SUpTAX AHD ORp�NANCfS GOYEANtNG TMfS TYV£ OF WORK WtLL !E CAMPLIED $12 OOO +��A WITht WMETMEa SOfC4f1ED MEaE��► Oa NO�. SNE GAANTIHCa Of 'A ►ElIMIT � OOES NOT PRESUµE TO G�YE AUTNORITY TO VtOIATE CR CANCEI TME pERMIT FEE TQT�L FEE VROYIS�ONS Of ANY OTMfii STATE OR �OCAL LAW 11EGUlATING CON• $6O. 00 $6�. �� STRUCt10N O:C TNE PERFORMANCE Of CONSSRUCTION. �C.M�TU�EO►COaT�UC�ORO�ruR��2[0�6EKt t0►tE� _1 � WMEN �OpE�I��.�D�7ED TM�S �S CRY OF laAlOL.tY• s"�"`T sa» uN�vEwsmr �rvs. Ms• sa�o�Y. �. ssase `ss� s�+-s�so COMMUNT/ DEYELOrMENT pV. MOTECTIVE 1N5'ECT10N tEC. �os �ooness 6161 Highway #65 N. E. 1 LEGAL �O1 NO �LOCK TRACT OR ADC�TION oESGp. Pt. 16 Aud. Sub. #88 2 �O�E1tT� OINMER MAIL ADCRESS Shorewood Inn 6161 Highway #65 N.E. � i16N EREGTOR MAIL ADGRESS M. Oirensten Signs & Designs 1415 Washi / f18N TTPE �o W�1 SiQ�s; North & West Walls () 1YALL l 1"LON () ROOF ( 1 OTMER S CONSTRUCTEG OF: Plexiglass 7�UILOIN9 LENOTN • EXiATiNi tI�N AREA SIGN PERMIT �Ev O�t� ��GE O� !�i'if g�7�8i � � PEA Zri N 0964 REC �� oopOvED !� eoo 571-3444 ZiP PMONE L�CENSE NO ngton Avenue North, Mpls. 55411 522-6017 6. 20NIN6 f MAXIMUM AREA ALLOWED q c•u►ss o� wonK � NEW p ADOI?ION O AITERATION II DESCM�BE 8�0N LENGTM: 3t NEIOHT: 13 �� /,�5@ 12 ME34AOE (SEE ATTACMED iKETCM) . �� $�lOr @GI OOC� �� STIPULATIONS o aEP��a IIEIGMT AlOVE 6RADE: SEPARATE PEpM1T5 ARE pE0U1RE0 f011 fIECTRICAI. IrIRIN4� OR REVO�VING BEACONS, ZIP FIASMER8� ANO SIMULATEO DEVICE8, �LTERATION OF THE �UILDINA. INC�UDIN3 /�NY BOURCE Of LIAHT WkICN CMAN6E9 IH INTENlITY • TNIS PERMIT lECOMES NULL ANO VOt� �i WORK 011 COuSTRUCTION ARE PRONIBITED. AUTMOAi2E0 IS NOT COMMENCED WITMtN f6 DAVS, OR tf CONSTRUCTION � OR WORK 15 SuSpEN�ED Op I�BANDONEO fOR A PEfi100 Of t20 OAYS AT ANY 11ME AFTER WORK IS GOMMENGEO. 1 NERESY GERTIF� TMAT 1 MAVE. READ RND EXAMINEO TMIS AP►LIG�TION SUpTAX AND KNOW TMf SAME ?O SE TRUE AND GOpRECT. A�L �ROVISIOMS O� LAWS yALUATION ANp ORWNANCES GOVERNING TMIS TYYE OF WONK W�ll �E COMOl1E0 $1�SOO S�.•OO WITM METMER SPEGFIED NEREIN Op NOT. TItE GRANTfNG OF ��EAMIT TOTAL FEE po oT PaESUME TO G�vE �►uT►+Oa�r TO viO��TE Oa C�NCE� TME PERMiT FEE VR VI ONS OF ANY TMEA STATE ON LOCA� LAW 11EGUlATING CON• $120.00 $�Z.00 T TI it?M PE ORMANCE'OF CONSTIIUCaT10N. � $� frGw�iu�EO�COu'�uCTp�O��►�R�R[O�OEN� TE� ry N PERI� VA 10�►TE TMIS IS Y A PEAMIT z� �� __ � � /l� �Q__,� J/� :� ` � 12JJ. d crrY oF �r� APPFAIS OCNMISSIGN MEE.TII3G, JANUARY 12, 1988 CAI�, TO OF�ER: Vive-Chairpersoa� Bax•r�a called the Januazy 12, 1988, Appeals Camnission meeting to orc3er at '7:32 p.m. ' R�LL CAI�, : Members Present: Alex Barna, Jeny St�erek, Diane Savage, Renr�eth Vos, Larry K�le Me�ers Absent: Noa�e Others Pr�sent: Darrel Clark, City of Fridley Bill Brezinski, S'�burban f�gi�eerin9 Gearge ApplebaLm►, 2233 N. Hanil,ine. Sui.t�e 220 Norm Brody, 2233 N. Hanil,.ine, S�ite 220 Dave Yamagudi, S�per Ar.erica Itathlyn Castle, City of Fridley APPFtOVAL OF DDCII�SSEFt l, 19 87 , APPII�I..S OC�4IISSI�1 riIl�[JrF.S : !•Y.nION by Dr. Vos. seoonded by Mr. Shere}c, to apprcyve tiie Deoenber 1, 1987, Appeals Catmissi� minutes as written. Upon a wioe vote, all wting aye, Vioe-Qiairpersoc► Barna declared the m�tion carried unar�tsly. WIId)Oi�'� 1�.W Oa"IIriISSI�T 1�I�iBE.Ft, LARRY iQJ�HI�E: Vive-�C�aiYperson Barna w�e]�cared Mr. Ruec3zLe to the Ca�mission. H�e stat�eci Mr. Kuechle was replacing Don Betzold who had rec�ently been a�ointed Chairpers� of the Planning CoRrnission. 1. OONSIDERATION OF A VARIAN� i�UEST, -VAR # 87-38, SY SiiO�tEWUOD P�1ZA PAKI.'i�RS: pursuant ta Chapter 205.15.3.c.1 of the Fridley City Cocie to reduoe the required frant yard setback from 80 feet to 75 feet: and pursuar►t to Chapter 214.11.2.B to increase the s4uare footage of a pylon sign fran 8p square feet to 224 s�quare feet, a� that paxt of G°verrssnent Lots 1 and 2; being a part of the Southw�.st Quarter of Section 13, Taar�ship 3p, Range 24, Aryoica County, t�li.nnesota, 'ti'►e same being 6257 N.E. Fiighway 65, Fridley, Minnesota 55432. r�['IrION by r9s. savag�e, seoanc3ed by Dr. vos, t4 open the pvblic hearing • Upon a wiee wte, all wting ay�e. Viae-C�airperson Barna declared the public i�earing c�pezi at 7:34 p.m. `. , ,,r 12KK J APPFAL.S �ISSICX�] M�TING, JAI�JARY 12, 1988 PAC� 2 .� Vioe-C�zairperson Barna read the A�strative Staff Report: S'TP�'F �T 6257 Hi�naay 65 N.E. VAR � 87-38 , :, • • • -, -,a�• a� - �• r�� i�� Section 205.15.3.c.1 r�uires a miniman of 80 feet fran public rigfitrof�way. Public purpose served by this requirement is t� Pr�de for adec��ate parkinq and open landscaped areas as well as to avoid c�ongestian and pravide adequat�e site clearances in vomrercial areas- Section 214.11.2.B requires a n�axim�► si4n size of 80 square feet in area per developRent. Public p�xpose sezved by this require�nt is to vontrol visual pollu- tion and exoessive use of signs in camiercial areas. B. STATID i�SHIP: "The bu,ildi.ng setback off Rioe Cree�c Road is 8 Tnin�T� of 75 feet at one point only. Thi.s setback deficiency was creatsd by the City when the ri�t-of-way was expancied . "The sign area variaryce z�stsd is to retain the present pylon area of 22A squaz-e feet. ZY�e venter is to undergo resrodeling this �n��r �ich will make the existis�g oenter crnq�atible with t1�e px'oF�os to be built later this year. The City has requested that all the signage be ccRpatible for both clevelopr�ents • j'+1e are willing to r�rxiel tbe sign to co�ly, but da not wi.sh to lose the area which presently is grandfathered in. This sign, when remor]eled, will serve the entire Maore Lake Canno�LS District." C. ATJ�iINIS'TRATIVE STAFF Rhi1IEW s �e existing oenter was built in 1965 prior to the caLStructio�n of gi� C�eek pAa,d which was built in 1966. Either the building was voaz.structed too clase to the ric�►t-of-way or the City took right-of- way which created the variaryce. In either case, aPPr�val of the variance should be grant�ed at this t�me to r�nv�e the �nfornung status . Tt�e developer and the City have developed a ooctPrehensive Plan wha.ch int,egrat,es rPm�deling of the existing oent�er with the inplenentation of the new oenter arxi iyealth club . The Moore Lake Coc�LS area is intended to be the prototype for the Fridley U�i Design Starxiard.s which are currently be.incJ c�oc�Piled. One of anr major goals is to pramt�e unifoYm signage. The prq�osed sign will be ooa3sistent with � 1 APPFALS �ISSIQN I�TING, JAt�JARY 12, 1988 PAGE 3 12LL design trotif for the area. Tt�e deve]�oper would have ti�e ric,�t to m3intain the existing sign as it is grarr3fathQxed in. ALong with the pro�o�ed vacatio� of the service road, the Parking lot is being remodeled. If the sign w�ere t� remain in its existing l,ocatian, it would be lxated in t�te parking area. Staff supports the variances far the relocatior� and rerodeling of the pylo� sign with its current area of 244 square feet provided that: 1) Staff reserves the ric�t t�o appro�ne the final design of the sign; 2) the new aenter's pylon sign will have desi9n c�sistency with the rema3eled sign: and, 3) the new cent�er's sign will �t be considered for variances. Mr. Clark shvwed an aerial ph4to of the prcpert�'• Mr. Clark statsd that from ti►e southeast o�rner of the existin� shoppincr oenter building to �e pubLic right of�way was 75 ft. Zhis was a�nfirn�ed by a reoent survey, even �ouc� the majority of the wall is m�re than SO ft. fran the right-of-way. Mr. Clark stated he did not knvw the exact loca'tia► of the new sign, but it had to be at least 10 ft. from the highway ric,�t-of-way .��tatP� rt,o area whese the sic,� was mw will be ir�co�ated int�o parking lat. Mr. Clark stivwed a design of the new pylan sign. He stated the new name of the shopping oenter will be Moore Lake CanrorLS, and then the various tenants� names will be li.sted below the nan�e of the oent,er on the sign. N's. Cl.ark stated tlze staff report talked about the rerodev-�g of the facade of the existing shoppin9 oenter. A permit will be issued later in the week for a new mazLSOrd roof, and a new area for wall signs (sign plan was goin9 to City Council on Jan. 25th. T� de��r p� t° start °°nstru�t�"ng a smaller sho�pping oenter, al�►g with a health ar�d racquet club, to the east and across Rioe Creek it�ad frocn the existing shopping cent�er. Mr. Barna stated that presently oa� the west side of the b nldi�. �at was a driveway that oo�u��ected the sezvive drive fmm the parki g ' would happen to that driveway and the traffic nrn��ent throuc� there. Mr. George Applebaian shvwed the Cannissio�ers how the traffic would be rerouted throu�► the shappinc3 oent�er if the service drive was vacated• He stated only that portioa� of servioe drive adjacent to the shapping oenter �,ras t,o be vacated, so traffic aoming fran the m�nicipal liquor st�ore oould still aooess the parking lot and oonr�ect t�o Rice Creek I�ad tiirouqh the Parking l,ot. Mr. No�man Brody, the c�eve].a�r, sha�aed a�c] explained to the Comni.ssioners the plans for re�rodeling the existing shopP�J �� • Mr. Sherek asked what the hei.ght was for the existing pylon sign. � -� . � 12�VIM , APPFI�I.S CCt�MISSION N�.TIl�1G, JAtZJARY 12, 1988 PAGE 4 . Mr. Appleba.u¢n statsd he did not krxxa the overall height of t1�e sign. He wauld guess it was abait 18 ft. fran the bottan of the sic� to the tcyp of the sign. He stated the sic,g� fave itself wvuld be 26 ft. by 8 ft. Mr. ffiody stated the heic,�t of the sign was within aac% as the City's maximan sign height was 25 ft. � NLs, Savage stat�ed that it was her impzession fran the staff rep�rt that staff was reooRmending aPProval of both these varianoes. �y was staff reoa�nern3in9 aPP��' Mr. Clark stated he was not the author of the staff report• He stated the City has been w�rking with the deveLoper. The deveLoper is upgrading the existing shoPPu►9 ae,nbPx and will upgrade the existing sign. The person who wrote the staff re�ort, al�g with other planning dePartm�nt staff menbers, feel thi.s w�uld be an iripro�vement wer what is exi.sting: a�► apparently, are wilLing to reoo�mer�d to the Appeals Connission tha�t these varianoes be approved• . t•x�►TION by Ms. Savage, seoonded by Mr. Ruec3ile, to close the pubLic hearing. Upon a wioe wt�e, all wting aye, Vioe�hairpersor► Barna declared the public hearing cl�sed at 8:00 p.m. Dr. Vos stated he has lived in the neigl�borhood for 14 years, and he w�uld s rt anything that would i�rove the existing sign and the existing sho�pping oent�er. He stat�eci there was a definite need for visibility and identification for a devela�snent this big and this dee� off Highway 65. The hardship for the front ya�rd setback fram 80 ft. to 75 ft. was essentially that soR�one built the buildi.ng to� close to the road. and there was mt much that oould be done about that naw. He would su�ort both varia�ce rec��ests . Ms. Savage stated she agreed with Dr. Vos. The sign as it was r�ow was oertai.nly an eyesorn. She stated she had a particular interest in signs. and she thought signs o�ul.d really be one of the worst visual pollutants � a�u�,. ��r�ly� she was rnt in fawr of large signs, but in this case, the existing sign was vexy visually polluting, and something should clearly be done abrnit it. 5he tl�ouc,�t this propo�ed sign would be a very, vexl' definite smQrovement ov�er the oZd sign and would be an asset. She stated she had m prd�lem with reoocnrendin9 aPPrwal of the sign variance. She stated she also agreed with Dr. Vos regarding the front yard setback variaryoe would reocxnnend aPP�vval of that variance also • Mr. Sherek stat�ed he was in favor of rea�merr3in9 aPProval of bath varianoes as rec��ested • Mr. Kuedzle statECl he was in favcr of reoo�m�err3ing a�wal of the varianoes. � � 12NN ApPEALS CCNMISSION MEETII�G. JAt�1ARY 12, 1988 PAGE 5 Mr. Barna stated he agreed with what had been said by the other oo�anissioners. T4� variance fran 80 ft. to 75 ft. fran the public right-of-way was not going to make ariy difference. Zt has been that way sinoe 1966 t�en the xoad was put in, and would be that way for a long time in the future. The sic� was part of the whole dev�elopnent plan, so he would .be in favor of reoannendis,g app�val of both varia�es . • MOTION by Mr. Kuechle, secnrr3ed by Mr. 5herek, to r+eoatmend to City Council approval of VAR �k87-38 by Shoretiovod Plaza Parts�ers. pursuant to Chapter 205.15.3.c.1 of the Friclley City Code to reduce the required front yard setback fran 80 feet to 75 feet; and pursuant to ChaPter 214.11.2.B of the Fridley City Code to increase the square fvota9e of a pylon sign from 80 square feet to 224 sc;uare feet, cn that part of Gwer�nent Iats 1 ar,d 2, being a past of the Soutiivaest Quart,er of Section 13, Tvwnship 30, Range 24, Anaka County. Mi.nnesota.. the same being 6257 N.E. Highway 65, Fridley, Mi�nesota, with the follvwing stipulations: 1. Staff reserves the ric�t to app�'ave ti�e final design of the plan. 2. The r�ew oenter's pylon sign will have design consistency with the r+�nodeled sign. 3. Zhe new oenter's sic,� will not be oo�sidered for vari.ances . Upon a wioe wte, all wting aye, Vioe-{�airpex'son Barr�a declar�d the m�tion carried unanimously. 2. QONSIDF•EiATION OF A �QUF.ST. VAR �87-39, SY MII�ER F�1NF�,L ii�i''�: Pursuant to Chapter 2.15. .C.2.b o e Fridley City e to reduce the z�uired side yard tback o� a cnrner lot frun 80 feet to 35 feet on part of Lot 4 and all of t 3, Block 1, Hexwa7 S�oond Additi�. the same being 6210 N.E. Hic,�naay 65. MCyrION by Dr. Vos, secvnded by . Kuechle, to oQen the public hearing. Upon a wioe wte, all wting aye, Vive-Chaixperson Barna declared the public hearing op�z at 8:03 p.m. Vice-0�aiYpersoa� Barna read the ADNLIl3ISTRATIVE Sr�' b210 FIIQ�Y 65 N VAR #87-39 :� - •�.ti ti�- �� • �• �-�� i� Staff Report: Sectiai 205.15.3.C.2.b requires a minimm► 35 foot on the street side of a oorrier 1,�t• Public purpose sezved by thi-s requi��nent is to ma side yard setbacks and aesthetic open areas arauxi yard setback ad��at�e �rial structures- r 9. . �� , � �4y ��.�1�.y� „��i+yl�_ ��' ►. �i�'; ;� �� . �� IYDTmN L•y O�indlman Schneider to cc>ncur with the reoomme tion of the Planning Commissior► and apprave the acmprehensive si plan for the builchngs for t�e Shoraaood Plaza Shopp�ng Center, exce the pylon sign, with the follcwing stipulations: (1) sic,� aciteria t�o govided which is corisistent with �ose suimitted for Irbore Lake 0� s; and (2) all sic�s for botn exi�i� �na �o��a ae�r.�ts to be the e cnlor tnless approved by the developer and the City. 8ea�ndec3 tr� Cb cilwort►ar► Jorgenson� Op�n a voioe vote, all voting aye, l�layor hee clared the motion carried tananimously. � It was the ger�eral mnvensus of the the p�rta-Ferel sig�s �ould be � in this Fnrticvlar sit�tion C�! 1 �at staff's rev�mmendation on fox the entire City and not only �DTIDN tr�, m�nciiman ciu�ei c3er to di rect staf f to study this winle issue and what options may be ailahle• rather ti►an Prohibiting the feeding of the ��ks, Semnded Cbuncilwaman Jorgens�n. Op�n a voioe vote, all voting aye, l�yor Nee clareci the mo�tion aarried u�arwnously. p�. Flora, ic worl� Director, stated t.he Legislature is being asked to stuc't� thi same type of goblen. 1200 E�DTION Gbuncilman Schneider to reoeive the minutes of the Planning (br�n' sion meeting of Jan�ary 6, 1988. Semnded bY O�undlman FytzFetrick. Dp� a voioe vate, all vating aye, l�ayor Nee declared the motion carried nimoLLSly. A,. .^,�*�i�ERATION OF�i t7f1DT1►1�V�L` c�v �u� 38. RO REDUC� TEIE RD�IIIB�P FFaDNT YARD SE'IBAS� FFifJN! 80 FF� Z�D 75 F'F.Er: TO ITr1ZASE THE �C]'A�E �i'�r�,t;E OF A PY1DN SI�� FROM 84 9� EEET Z� ZTA �i�RF �Z . it� * F ' l�DTION by Gbuncilman Schneider to divide these two issues, one being o�nsideration of the varianve for the frotYt yard setback and the other to increase the equare footage of a pylon sic�. Seoondea by �ur►cilwoman Jorgenson. Up�n a voiae vate, all wting aye, l�yor Nee aeclared the a�ation c�rried u�animously. I�r. �bertson, (bmn�nity D�velopnent Director, stated the builc7ing setback f ran Riae 4ceek Road f s 75 feet and s minim�m of 80 feet i s teq ui red by cvc3e. irDTIDN ty aotnci.lman Schneider te grant that part of variance, VAR #87-38, to reduae the requi red f ront yard setba ck f ran 80 feet to 75 feet on the east �rner of this proposed development. Seconded by Councilman Fit�p�trick. O�n a voiee vote, all voting aye, lRayor Nee declared the -10- �- ; ��, � yM�► •�.�1�.�� „��i�y1�_ �:" 1: Li'; :� m�tion carried unanimously. iYDTIDN b� Cb�dlman Schneicler to c3irect staff to provide dnta on other gplon sigis in the area and sig�s in similar developnents for a report at �e next regular m�dl meeting. 9emnded tr� Cb�ncilman Billings. Opon a voioe vote, all voting aye, Mayor Nee declared the motion carried tasanimo�sly. • 10. RE9C)LtTI'ION I�? 10 1968 ATTrAORIZII� '�' I NCE AND cnr.F. OF FL�ATTNC RATE r.cwa��in �t�tts+�.trtC� DFFT1A1�1T11'� AnURS I�[ [�'�jIE�11 �'�RE �� p,DTIDN tr�, mtincilman �tzFetrick to acbpt Res�lution No. 10-1988. aonded b� �uncilman Schneider. Op�n a voioe vote, all voting aye, yor Nee cleclared the mation csrried unanimously. 12. ].3. ; ?•)�l��i•��i•��Q�r•i�:!nr:��a�� _ ti��4_ : �. •s ? � : V �� 1�. Alc7rich, Fire Qiief. subnittaed ccp�es to the O�u�c of this proposed 1'siation r rdi the fire�ighters' pension. Ae ated in 1987, the e� � n9 m�ncil ap�zoved this saane res�lution rec�rding the Def ir�ed Benef it to the Def ir�ed Cbntribution type o� it was not possible, however, for the Legislature ci�ange and is naw slated for the 1988 Legisla v� stated he felt a cvrrent resolution would be or� O��ncil's support of this ciiange. nsion �ange f rom the ension plan. He stated act on this particular session. l�lr. Aldrich effecitve showing the 1�pTmN tr� mindi�ran Sc�rieider to acbpt l�tion No. 11-1988. Se�nded tr� Councilman F'itzpatrick. Opon a voi vote, all voting aye, Mayor Nee declared the motion carried unanimousl . �_• �_= a� a��. Psay or Nee sta te d Ano ka Te c resic�nts a yeer and has req obtain cspital ftncls. � IrDTIDN tX Cbtncilmart m�nciliren Billings. the mation c�rried � cal Institute �erves about 2,000 Fridley ed the m�ncil's suppQrt in their effort to der to acbpt Res�lition No. 12-1988. Seo�nc3ed bY a voice vate, all voting aye, l�yor Nee c3eclared �slv. 12PP I�yor Nee reque d a c�p� c� this resolttion be forwarded to the State and to Ar�olca Tedzni 1 Institute. I�c. dev �son, �mtnity Developnent �rector, stated the HRA approved this der for additional s�il besing and sit�e inspection at Lake �binte by �uncilman Schneider to approve Change Order No. 2 with -11- City of Fridley, Minn. BUILDING PERMIT ��; February 24, 1970 - J-12QQ p�.; St. Anthony Shoppi.ng Center g��. Lawrence Sign Company � � 945 Pierce Butler Route, St. Paul LOCATION OF BUILDING pa 6199 g�t Highway #65 part oi Lot Lot �t�-16--&�Slock Additicn or S'ub-Dlvlsim .�tla; *.,,- � s c„h�i;vi ai rm #88 Ca�ner Lat Indde Lot Setback Sideyard Sewer Elevattan Foimdation IIevati� � DESCRIPTiON Of BUILDING To be Uaed aa: Length Aidth Thickness Sign --- xl�it 60' -3" � 5' �t 12" Sq. F`t Cn. Ft y F�ont Depth Height Sq. Ft. G1i. i+`t. T�pe oi Ckost�vctton ��al S� Plastic�, �_ $4, 000.40 To be Completed �rch 30, 1970 Permit #10,524 was voided and this permit was taken out. The sign was changed. The monies from #10,524 has been credited to the price of this pe�mit. Aa extra $4.50 was collected in addition to the credit. In 000sideration of the iasuanoe to me of a permit o«�ostru tl�e buildin6 e I aSree to do the proposed arork in a000rdance with the descriptioa e�et i aad ia oomnP th a�1 Pz�avisiona of aa+dinaaoea of the dty o! Fridley. _ ..� „/% , ^ In candderation oi tve pqqment of a fee of �t � ��, �� Lawrence Sit�n Co . to 000struct the buildin8 or ad�itiaa as deacribed above. Thia t is �'snted nPoa tl�e txgre�a conditic� that the to whom it is granted sad his agents, �►ployees aa�w�rlanen, ia ell wark dane in. around and upon ssi buildin8� or anY �art thereof, shall oonform in a11 reaPecv to tl�e �� FYtdley, Minnesota regardin8 location, construction, elteralion, anaintenaace, repair and mavirsB w+ithin the dty limits aad this pe:mit mai' be rrvo�ked at a4Y ttme upan violation of aay d the P�� oS said CRdinBaCes, r �� HANK MUHICH NOTICE: 1�i. Me�it �... .a ..r.. 1b e...tr.e+Iw Ir1.■di.� I« .My, Nwii�a w MNVS. .w�a. w.r�.. �. ..r. �e ... 1M f�idiN I��wa fa s�e�M /w�ie� f�r $� Mws. '�� .--_ • . �,-o � F POLICE DEPARTM ENT � -- � ,� ��''��'; City of Fridley �° � � `� � Minnesota c�` TE 3ULY 19, 1990 _�L ROM PUBLIC SAFETY DIRECTOR, J.P.H UBJECT ANIMAL CONTROL CONTRACT .�. ,-. u MEf1M�ORANDUM TO S �� 13 ION� INFO Enclosed is an animal control contract between Skyline Veterinary Hospital, 6220 Highway 65 N.E., Fridley and the City of Fridley, effective August 1, 1990. It is recommended that Council consider approval of this contract at its meeting on July 23, 1990. Cities in Anoka County have been notified by the Greater Anoka County Humane Society that they must modify their animal control contract. In order to modify their contract, they have served us notice of intent to terminate the existing contract, effective August 1, 1990. They then propose a new contract that would eliminate our flat rate of $9,974 per year and go to a per animal charge. The Humane Society is projecting a possible yearly increase of $4,108. I am projecting a possible yearly increase of $10,000. This would be a total city cost of about $20,000 per year. Coon Rapids and Blaine are projecting around $48,000 to $52,OOb per year. � Two meetings have been held in Blaine by the effected cities to determine a plan of action. The conclusion of these meetings was an agreement to explore the possibility of a joint powers agreement to establish a municipal owned and operated county wide animal shelter. A committee is currently working on this issue. In the meantime it is necessary to provide an animal shelter for uninterrupted service by August 1, 1990. To the best of my knowledge all cities are reporting they are forced to sign the new proposed Humane Society contracts for lack of immediate alternatives. They also report that it is their intent to cancel their contracts as soon as an alternative can be identified. In Fridley, we developed two alternatives. One is the recommended contract with Skyline Veterinary Hospital and the other is Brighton Veterinary Hospital in New Brighton. Since Brighton Veterinary Hospital operates on a per animal cost it is not possible to derive 13A an actual annual cost. However, using estimates of 100 dogs, 125 cats and 10 dead animals, the annual cost would appear to be around $9,985. The fixed annual cost for Skyline Veterinary Hospital is $9,960. We wou2d also receive returned revenue estimated to be $2000 to $4000 a year from claimed animals in which the owners pay all fees. This would make our net cost around $5, 960 to $7, 960 per year for shelter service. We currently pay the Humane Sdciety $9,974 per year and they keep reclaim fees. Either Brighton Veterinary Hospital or Skyline Veterinary Hospital appear to be good alternatives. Skyline is being recommended since they have known fixed cost, are a business within our City, and may be slightly less than Brighton. Council should be aware that Skyline will have to locate a small storage shed (8'x10') outside the back of their business to place items currently in the room to be used by the city. I have checked with our chief building official and planning staff who informed me this is an allowed structure. Our staff will work with Skyline, however, as to location and appearance. JPH/sa 13B artZ�. aorrrROS. corrr�►c�r This contract, made and entered into this 23rd day of July, 1990 by and between the Skyline Veterinary Hospital, 6220 Highway 65 N.E., Fridley, Minnesota 55432, hereinafter referred to as "animal shelter" and the City of Fridley, a municipal corporation, 6431 University Avenue, Fridley, Minnesota 55432, hereinafter referred to as "city". I. TERM The term of this contract shall be from August 1, 1990 through July 31, 1991. II. ANIMAL SHELTER SERVICES The city agrees to purchase and the animal shelter agrees � to furnish the following services: 1. Shelter for animal drop-cffs on a 24-hour basis. 2. Animal examinations and veterinary care as required during normal business hours. � 3. Boarding up to five regular business days. After five regular business days the city shall have no right or interest in such animals. 4. Euthanasia and disposal if required due to serious injury, illness, or after five regular business days. 5. Receiving and disposing of dead animals delivered by the city. 6. Upon request, train city animal control officers in safe and humane handling and apprehension of animals. 7. Keep accurate records of all animals impounded, boarded, and destroyed, pursuant to this agreement and furnish monthly statements to the city. 8. Reap the animal shelter open during normal business hours of the Skyline Veterinary Hospital and not less than normal business hours of the city. 9. The animal shelter, during normal business hours, shall be open for inspection by the city or it's agents. 10. Collect license fees from owners who retrieve 13C animals not currently licensed and return fees to the city. 11. Col2ect bcarding fees at $9.00 per day, per animal from owners who retrieve animals and return fees to the city. 12. Hold any impounded animal being reclaimed until proof of applicable current licensing and rabies vaccine is produced. 13. Serve as animal control officers for the city, as defined in Fridley City Code Chapter 101, and as applicable to the operation of the animal shelter. III. CITY RESPONSIBILITY After normal business hours, the city will transport any injured animals that are in a life threatening condition to the Affiliated Emergency Veterinary Services, at no cost to the animal shelter. After treatment and release, the city will transport the animal to the animal shelter. IV. COMPLIANCE WITH LAWS In providing all services pursuant to this contract, the animal shelter shall abide by all statutes, ordinances, rules and regulations pertaininq to or regulating the provision of such services. V. AUDIT DISCIASURE AND RETENTION OF RECORDS The animal shelter agrees to make available to duly authorized representatives of the city and either the legislative auditor or the state auditor for the p�irpose of audit examination , any books, documents, papers, and records of the animal shelter that are pertinent to the animal shelter's provision of service hereunder. The animal shelter further agrees to maintain all such required records for three years after receipt of final payment and the closing of all other related matters. VI. ANIMAL SHELTER RESPONSIBILITIES AND INSURANCE The animal shelter shall be responsible for all damages, harm or illness suffered by the animals under its care and in its custody which may be due to the negligence of the animal shelter. Said animal shelter shall save the city harmless from any damages, costs, actions or causes or action, or claims made against the city for any harm, losses, damages, or expenses on account of bodily injury, sickness, disease, improper disposition, death and property damaqe resulting from the animal shelter's operation. The animal shelter shall procure and keep in full force comprehensive general liability insurance in the amount of not less than $100,000 and $350,Q00 to safeguard and 13D VII. indemnify the aforementioned. the City Clerk. CQMPENSATION city for any of the occurrences Such insurance policy must be filed with 1. The city shall pay the animal shelter the sum of $830.00 per month for services stated in this contract. Said sum shall be paid on or about the last day of the month. or within thirty (30) days after submission of the monthly claims, by the animal shelter. 2. The animal shelter may charge and retain customary veterinary fees including rabies vaccine from owners of reclaimed animals. . 3. Should this contract be terminated by the city prior to July 31, 1991, the city will pay the animal shelter the sum of $2, 000 for animal cages purchased to provide this service. Said animal cages will be turned over to the city upon demand. VIII. Ep,RLY TERMINATION This contract may be without cause upon delivered by United terminated b thirty (30) States mail other party. For purposes of such the animal shelter is: Skyline Veterinary Hospital 6220 Highway 65 N.E. Fridley, I�'IId 55432 and the address of the city is: City of Fridley 6431 University Avenue N.E. Fridley, I�T 55432 y either party, with or days written notice, or in person, to the notice, the address of IX. MODIFICATIONS Any material alterations, modifications the terms of this contract shall be vali only when they have been reduced to amendment and signed by the parties. or variations of d and enforceable writing as an X. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire aqreements of the parties are contained herein and that the contract supercedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the animal shelter and the city relating to the subject matter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this contract is the only and complete agreement reqarding the subject hereof. ANIMAL SHELTER By : �� 1t7 � Title: � � .�-�-� Date : � �L' Title: Date: CITY BY' . Title: Date: Title: Date: d 0 13E Engmeenng Sewer Water Parks Sireels Ma�ntenance MEMORANDUM �� TO: William W. Burns, City Manager �+�� PW90-206 FROM: John G. Flora �Public Works Director Mark A. Winson, Asst. Public Works Director DATE: July 20, 1990 SIIBJECT: Street Improvement Project No. ST. 1990 - 3 On Wednesday, July 18, 1990, bids were opened for the Street Improvement Project ST. 1990 - 3. This project covers the following: A. Curb, gutter and paving - 67th Avenue extension b. Curb, gutter and paving - Oakley Drive extension road, 83rd Avenue to 500' north C. Curb, gutter, paving & trash enclosure - Springbrook Nature Center Eleven (il) potential bidders reviewed the plans and specifications and six (6) bids were received. The low bidder was Bituminous Consulting and Contraction, Inc. of Minneapolis with a bid of $89,607.60. The low bidder's background was checked and found to be acceptable. � The Public Works Department recommends that the City Council award the contract for Street Improvement Project ST. 1990 - 3 To Bituminous Consulting and Contracting, Inc. for $89,607.60. The Nature Center parking lot amounts to $40, 472 .10 and the Michael Servetus Church amounts to $49,135.50. JGF/MAW/ts Attachment 14 s � �.� 14A BID PROPOSALB FOR BTREET IMPROVEMENT PROJECT ST. NO. 1990 - 3(67TH AVENIIE) WEDNESDAY, JULY 18, 1990 i1:OQ A.M. BID TOTAL PLANHOLDER BOND BID COMMENTS Bituminous Cons. & Cont. 2456 Main Street N.E. 5$ $ 89,607.60 Minneapolis, MN 55434 William Miller 16765 Nutria Street N.W. Ramsey, I�IN 55303 Northwest Asphalt 1451 County Road 89 Shakopee, NIId 55379 Alber Construction P.O. Box 365 Osseo, MN 55369 Midwest Asphalt Corp. P.O. Box 5477 Hopkins, MN 55343 Driveway Design 4810 W. Medkine Lk. Dr. Plymouth, MN 55442 Arcon Const. Co., Inc. 903 East Forest Mora, I�I 55051 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 Gammon Brothers 13845 Northdale Blvd. Rogers, NIN 55374 Munn Blacktop, Inc. 10883 - 89th Avenue No. Maple Grove, MN 55369 5$ �$ 94,805.00 5$ �$ 99,407.50 5$ �$109,305.65 5$ �$110,838.85 5$ �$115,575.50 NO BID $ NO BID $ NO BID $ NO BID $ Valley Paving 4105 - 85th Ave. N.E. NO BID $ Brooklyn Park, MN 55443 . ' CAPITAL IMPROVEMENT PROGRAM � 4, �� COMBINED UST BY YEAR `�� 1990 67TH AVENUE EXTENSION STAEETS ASSESSMENT 89,000.00 67TH AVE. SEWER L1NE 67TH AVENUE STORM SEWER PHYSICAL FITNESS ROOM REMODEL FUND TRANSFER FIRE EQUIPMENT BALLOT TABULATORS COURT RESURFACING PLAYGROUND E�UIP. UPGRADES SPRINGBROOK PICNIC SHELTER SPRINGBROOK PKG. 8� ENT. WARMtNG HOUSE/PARK BUILDING RICE CREEK UFT STATION EMERG. REPAIRS-LOCi� LAKE DAM ONONDAGA ST. SEW. REUNlNG 1990 OVERLAY PROJECT ST. 1989 - 2 IMPROVEMENTS 1990 SEALCOAT PROGRAM WELL REPAIR3, 5 8� 10 UPGRADE WELL NO. 12 SKYWOOD LANE FEEDER UNE SEWER STORM WATER BLDG/LAND BLDG/LAND BLDG/LAND BLDG/I.AND PARKS PARKS PARKS PARKS PARKS SEWER STORM WATER STORM WATEA STREETS STREETS STREETS WATER WATER WATER I-2 ASSESSMENT ASSE$SMENT GENERAL CAPITAL FUND GENERAL CAPITAL FUND GENERAL CAPITAL FUND GENERAL CAPITAL FUND PARKS PARKS PARKS PARKS PARKS SEWER FUND STORM WATER UTIL STORM WATER UTlL STREET FUND STREET FUND STREET FUND WATER UTILITY WATER UTIUTY WATER UTILITY • �� ••• •� •� �� : �� :� �� • �� • �� • �� . � �� ..•u• .•.�.aNa • ��. � • � �� 4.ofot• • •.fr�• •�•►... te.•••. 1 � 1 � . . .. � _ _ _ _�_ .- _ _ _ _ �� ._ --..—_ _. . � --�— rr o� , i• .Yi�'I. •... • • '� �^ LOCK E �: PA R K ;, G � " """' i � � • I v �', l� G C' .s ' � � .oc.� h•. � 1 n 7 � A a .�.,., o•.� � �i ^ � , � � �; `' C. �? � �� `� � ' � e'. 7 .�. ' I Q � . : .o.. � � ,^ J G R C� � Q c (�+ �.� A Ci �... � • Q ' � � n V �;• r! �, � C? . L �` ^ n (1 � �' � �' n '' s ;, �; v c� G J � � ;, . `' � � ., • � ��-�ff• 4 �� .::, V ` � J �, `•r !� �� ' •.l�W � J 1—LF..� r � �. ... � . •y 1 � �- .� '!F� �-. •� "�-�� . • t t •. -1 . � � � .� � .�.�' u. . � . . � �-� • � .. � �::��f�- � ' r. . �. � .. "' C � � — .. � 1 : : . . w ii� M N' •� K '. ~ �Y/O�NI. ��• Nt�K ��/ _�-tf— - � •• ' .� .•� .• ►� ••�+r •. a•t•.� ' • ' � � �� : � � •.� �� • �, • �� L � ` . � •tO��Or�t! �K i ,. t r � -� � +� . �`'�• ' "� II i! �1.-��, I � �...,.�� -- uu �, � L.=- "••°• '► r ; •:�.: �... : . � . ' ; _ �.. . : � � • �c ' � k� � ' � : ' � I ��. : 0 .s�.�r� us �rs � ,� �`:; i�� 67TH AVENUE a ,�'a� _ �� i fr• �v� U tJ V W �•' t ! , • � , � V � A • '/, �'MnN'�' � r • ( ' s.+s■ � �.l� • � .3 ,, n � . .. r � . ^ � � , * i � � i i wE�00wl�NOS MnK s s � • � � OAKLEY DRtVE _ � � � : : � � M � 1 :. a...s: ; � e•.i : � = = Y � � r � � ^ � � � E � . • - - - . � . � . . . . . . - . ; .... ... • •�•� w��.� : . • '� � � :$ • • � � 1� •~ i � I M�►t �Mtl �! • "►— ~�T � T 1 �� •� i •..,. «�. _ _ . ; � .. . r�1��,,.. � _1 1, ' � • � ' 1 � • � i . Mw�N • � Mf s�nw ` �•�� w�• � i - w �-�• �ar� N � �2 \ C1TY OF C N 11 A PI O: �TM /�I( 1 �..��.. ��.. . . .. �r�^ (3 ,`. � � � ,-� ,3--- - �n,.�� .� r�., � \� ' ,� �' �,s �'�i "J �: �f � ,� ,., e�.3 �,� �' A! � � i p�� t�� `� `1 � '1� E�� v� ��,`v '�"` �� .f `�:� . t,,,, � � � � � �o � •`.,t � � ., � � � s �+ � �r�� ' `.'� NATUREn.• �,.�. ., �� ,� � � ,H ,.� ,, ,, � ,, � � � _ _ CENTER� � � ��. � �, � :: ' PARKING LOT ? � � '� � . � � W �:` . � '� l ✓ �,:T � v r.r r, � �... � q ��bpp� H =,D `;� U '� � ;� j': `� � �1 �t,'� ` J � ,:� `�f c�� `� � � a�+ '� Q �'. � � � � SP�II!{GOFOSw NAT`:�E '� i.N ICR � 1 ��'.� !� � � t�'. � V ' � v� � J • t.. ` �J.�'� � j �,r �� 1��' '�', '� � � � � � �, �;i `� �' � � �3h � � . ,:� :, � �,� v.j � �9 � :9 ��3 � 7 � � '� � : % �'� '� J �'s� � , � l�'+ � J � ` � t�' �'1 `•:� . ." � � �" �,� �j �` ,�� '� �, � '�� ,� � � y� � �. \.` E.' ,� � E�� `w �_ ti � � ,;� ,�r3 ni ..,� � .,'� ; �' ." • � ;� ,� � .� �. � 3 � , �� `� `' ,a � � �.� � �:,t y� � V �; ? �'� . a '.� •:'� � �o � �: � _ t1 ,'T� � � .� � � .. .�: -► �! ' �, �r h � � � � . �D. ., � � � � .,.. �^� ;, �:, ,� ,.o �, � �..., NIAT- ,� M� C• ` .� " ` � J�i1Nth� ;, ��ap� Rr,.\ r:. %!i M�RK `� — � `�\ s-.i�� '•, ' i� .,. � �� `. � � \1 s '\ '" �' I � �� ... II � .� � 1 �� .�., ....... C � M r 1 � • i 7 ��It �1A. � e . : � • �_ M.•�' . : � CITY pF I� � .� .� ��/t / ( wM.a��. ; aw� i i {� 3 14D , , , . SLA1 NE f��♦YA• l �� .�� .w � � Z � a N •t �vt •�..,o. ...� � O o��e•�t •� � Engineermg Sewer Water Parks Sireets Mamtenance MEMORANDUM TO: William W. Burns, City Manager ��. PW90-205 � FROM: DATE: BIIBJECT: John G. F1ora,�Public Works Director Mark A. Winson, Asst. Public Works Director July 19, 1990 Water, Sanitary Sewer & Storm Sewer Project No. 210 On Thursday, July 18, 1990, bids were opened Eor the Water, Sanitary Sewer & Storm Sewer Project No. 210. This project covers the installation of watermain, storm sewer and sanitary sewer in 67th Avenue to Oakley Drive in conjunction with the Michael Servetus Second Addition Development. Nine (9) potential bidders reviewed the plans and specifications and seven (7) bids were received. The low bidder was Volk Sewer & Water, Inc., of Brooklyn Park, with a bid of $31,787.00. The low bidder's background was check and found to be acceptable. The Public Works Department recommends that the City Council award the contract for Water, Sanitary Sewer & Storm Sewer Project No. 210 to Volk Sewer & Water, Inc. for $31,787.00. Based upon agreements, the City's portion for the water and storm sewer system is estimated at $15,620.00 and the Michael Servetus Church is estimated at $16,167.00. JGF/MAW/ts Attachments 15 / � F�� BID PROPOSALS FOR WATER, BANITARY BEWER ic STORM BEWER PROJECT NO. 210 I�EDNE$DAY, JIILY 18� 1990 11:30 l�i.M. BID TOTAL PLANHOLDER BOND BID COMMENTS Volk Sewer & Water 8909 Bass Creek Ct. Brooklyn Park, l�T 55428 CCS Contracting 1399 - lOth Street N.W. New Brighton, I�II�T 55112 Hydrocon Inc. P.O. Box 129 North Branch, NIld 55056 Ro-So Contracting 7137 20th Avenue North Centerville, MN 55038 Dave Perkins Contracting 15775 Juniper Ridge Dr. Anoka, MN 55303 Wm. Miller 16765 Nutria Street N.E. Ramsey, MN 55303 Penn Contracting, Inc. 1697 Peltier Lake Dr. Centerville, NIN 55038 North Star Waterworks 6055 - 150th Street & W. Do. Rd. 42 Apple Valley, I�I 55124 Water Products Co. of IrIId 15801 West 78th Street Eden Prairie, MN 55344 5$ 5$ 5% 5$ 5$ 5$ 5� NO BID NO BID $ 31,787.00 $ 35,083.25 $ 35,924.00 $ 38,617.50 $ 39,469.00 $ 42,630.00 $ 44,205.00 $ $ 15A 15B CAPITAL IMPROVEMENT PROGRAM .kne 4, tsso COMBINED i1ST BY YEAR x_:;:r... : s��:i< ��90 67TH AVENUE EX�ENSION STREETS ASSESSMENT • � r � �Ti 87TH AVE. SEWER UNE SEWER ASSESSMENT 19,000.00 67TH AVENUE STORM SEWER STORM WATER ASSESSMENT 21�000•00 PHYSiCAL FIITJESS ROOM REMODEL FUND TAANSFER FiRE EQUIPMENT BALLOT TABUI�4TORS COURT RESURFACiNG PLAYGROUND EQUIP. UPGRADES SPRINGBROOK PICNiC SHELTER SPRINGBROOK PKG. � ENT. WARMING HOUSE/PARK BUILDING RICE CREEK UFT STATION EMERG. REPAIRS-LOCKE LAKE DAM ONONDAGA ST. SEW. REUNING 1990 OVERLAY PROJECT ST. 1989 - 2 IMPROVEMENTS 1990 SEALCOAT PROGRAM WELL REPAIR-3, 5 S 10 UPGRADE WELL NO. 12 SKYWOOD LANE FEEOER L1NE BLDG/LAND BLDG/LAND BLDG/LAND BLDGJLAND PARKS PARKS PARKS PARKS PARKS SEWER STORM WATER STORM WATER STREETS STREETS STREEfS WATER WATER WATER {-2 GENERAL CAPITAL FUND GENERAL CAPITAL FUND GENERAL CAPITAL FUND GENERAL CAPITAL FUND PARKS PARKS PARKS PARKS PARKS SEWER FUND STORM WATER UTIL STORM WATER UTIL STREET FUND STREET FUND STREET FUND WATER UTIUTY WATER UTIUTY WATER UTILITY � �•� �� •� �� : �� :� �� • �� • �� . �� 15C CAPiTAL lMPROVEMENT PROGRAM ,�ne a, �sso COMBINED UST BY YEAR ``�� i990 0 DESIGN BOOSTER STA WELL #�12 6TTH AVE./OAKLEY WATERLOOP DESIGN & LOCATE WELL #14 ELEVATED WATER TANK REPAIR OF 3 MG RES., PH II GROUND WATER {NVESTIGAT{ON 63RD AVENUE BOOSTER PUMP WATER WATER WATER WATER WATEA WATER WATER {-3 WATER UTILITY WATER FUND WATER UTIUTY WATER UTIUTY WATER UTIUTY WATER UTIUTY WATER UTILlTY C�Fi/WD TOTAL FOR 1990 27,479.00 �_ 13,000.00 19,515.00 1.313,866.00 289,000.00 25,000.00 75�000.00 3.301.494.00 Englneenng Sewer Water Parks Streets Maintenance MEMORANDUM � TO: William W. Burns, City Manager �� PW90-275 FROM: John G. F1ora,�Public Works Director DATE: July 16, 1990 BIIBJECT: Commons Park Monitoring Wells 16 Bruce A. Liesch Associates, Inc. has received quotes from three (3) firms for the installation for three (3) monitoring wells in the Commons Park well field. This project was identified as a recommendation in the Water Distribution Study and was supported by the Council for completion this year in their revised water capital improvement program. This project was identified at $25,000. The program identified a fund amount of $25,000, $9,425.00 is allocated to Bruce A. Liesch Associates to design and administer the monitoring program and the low quote from Keys Well Drilling is $9,910.00. Recommend the City Council receive the quotations for the monitoring well and award the work to Keys Well Drilling for $9,910.00. It is proposed that this work will commence shortly after award. Funds for this project are available in the Water Capital Improvement Reserve. JGF/ts � � F�� july 12, 1990 BRUCE A. LIESCH ASSOCIATES, INC. HYDROGEOLOGISTS • ENGINEERS • ENVIRONMENTAL SCIENTISTS 13400 15ih Avenue No. • Plymouth, MN 55441 • 612-559-1423 • FAX No; 559-2202 Mr. John Flora, P.E. Public Works Director C:t�• �f Fridley 6431 University Avenue Fridley, Minnesota 55432 Dear Mr. Flora, 16A Enclosed please find copies of quote tabulations we received this week from North Star Drilling, E.H. Renner and Keys Well Drilling for the proposed monitoring well installations. We recommend selecting Keys as the drilling contractor based on their low quote. Please review the tabulation sheets and let us know if you have any questions or comments. As soon as we hear from you, we will notify the drilling contractor and select the exact starting date for the work. We received a fax yesterday from Mr. Clyde Moravetz with the City indicating that Independent School District 14 has given permission for locating two monitoring wells (as proposed) on the Fridley Junior High School property. We plan to stake the exact locations for all three of the proposed monitoring well locations early next week so that the drilling contractor can obtain permits and utility clearances. We will be in touch with you later this week to make arrangements for staking the well locations and for meeting with you in person next week. In the meantime, please contact us regarding the drilling C�.`.^.�'.,2".�.Ct',.�:' $@i�'.Ct2f2:1. Sincerely, - � �_ ,�� ,� �, �. �Cc�`",�� u�� James de Lambert Consulting Hydrogeologist cad:flora � . . b� � B COMMON PARK WE1-I- F�.� + � FRIDL.EY, �Oi'A G ��S �� QUO�fE TABULATION �oraroRnvG wr�. corrs�xvcrioN � 'S ��p , t �� 1. Mabilization and Desnabilization Estitnated Ouanntv ni 1 L.S. 2. Steaa� Cleaning Equipnlent 1 3. Drilt and Sample T'est Well 225 4. Furnish & Irutall Faur-Inch 205 Low Carbon Steel Ri,ser 5. Furaish & Instali Focu�-Inch 34 Staiuless St�el Scxeen (10-foot, 10-slot} 6. Install Sand FIIter Pack and Seal T. Groutiag of Four-Inch Monitoring Wells 3 186 8. Develop Four-Inch Test Well 12 Total Base Quote Anticipated Date for Mobilization: X� � � . Unit Extended Price Price t5oo �� 1�500 L�. � 1,000 � 1',000 tr.F'. �, 8 S " ,800 : . �. L.F. L.F. F.scii L.F. Hours �r 6 S i.2�o $ h_ a 1,35� �_,_,_,30_0_! S 940'- . � 5 � 930 �. � �1D0 S 1�,200 : � 9 .9io JuI;! 25 , loop Authorized Signatuce: � - Je ey ' i�ey r ry Treasz:rer Co suy: ' Keys i�el3 DMilling Co�pany mas:fridley6-5 8 Date: �-12-90 �— , I- . -.r•. � . � t �.� 1. Mobilization and Demobilization C014�ION PARK WIId. F�L.D FRIL)I.EY, �50TA QUOTE TABULATION MONTTORING WII.1. CONSTRUCTION F.stimated an i 1 2. Steam Cleaniag Equipment 1 3. Drill and Sample Test Well 225 4. Furnish & Install Four-Inch 205 Low Carbon Steel Riser 5. Furnish & Install Fo�-Inch 30 Stainless Steel Screen (10-foot, 10-slot) 6. Iastall Sand Filter Pack and Seal ?. Grouting of Four-Inch Monitoring Wells 3 186 8. Develop Four-Inch Test Well 12 Total Base Quote Anticipated Date for Mobilization: Authorized Signature: R er E.-Renner, President company: B:H. s�g � SaRS, n�C. 15688 Jarvis Street NW ELR RIVER, 1rII�1 55330 mas:fridley6-5 Unit Extended nit �rice Er�g j,�. �� 1,650.00 a 1,650.00 L.S. L.F. L.F. L.F. Each . L.F. � zu.00 s z2s.00 � io.00 � 2,ZSO.00 � io.00 � 2,oso.00 � �o.00 � 1,200.00 � s zoo.00 s 600.00 � 6.00 a 1,116.00 Hours � �o . oo � s�o . o0 � a 9,931.00 With 5 daqs after notice of award for processing of permits 8 Date: 7 J1o/90 16C � �-�� as i. Mobtltzation and Demobili=ation COMMON PARK WELL F'�L.D F'RIDIEY, �!�E,90TA tZUO?E TABiJI,ATION MOMTORtNG W�7.L CONSfRUCTION F.stimated Unit Eactended an i ni �rtce Price 1 L.S. � � � � S 2. Steam Cleaning Equtpment 1 .. 3. �rill aad Sample Test Well 225 4. Ft�rnish & Instali Four-Inch 205 Law Carbon Steel Riser S. Fitrntsh & Install Four-Inch 3Q Stalnless Stee! Screen I10-foot, 10-slat) 6. tnstall Sand Ffiter Pack 3 aad Seal ?. Grouting cf Fouc-Inc� 1$6 Moaltoring R►sils 8. Deveiap Four-Inch 'Test Well 12 Totai Sase Quote Arnlcipaced Date for Mabilization: 16D L.s. s bo, s yoo ,..F. s� s_ a� �.F. ��L � ! a3 0 0 L.F. �� s_,.,�Q.,. � � , 0 �� s 300 L.F. �� 93� Ho� a� s 9a o s �'v. l01 atG• _ u��! /b— 19c�i� � � Authoriz a . ��/F • Compgny: ' � � � � ` � � Q e� J �t ! cG /� c� i� C� Date: 7"� �'' 1� snas:frldley6-5 C3 0 � 1 � .... ... . � --I � �^�.,.,',,�-..• es sR�o�cr �- I : ,��.'�,1� � r+'�••- , � . r�i.. wna �sn �� bQ. e�.i� 'i�;�'. :'s; : :,+::': �'� - �aa� qgiWf;7§ �-� �7RC�8 � :i°�-; g.''.^'�• j�,� ( "' �s � .. ' � �_ � I `�,.• .': ;,� g�' 3= .- '_ �{--�-"-- �� •� ',;:�;;'- __ '- � ."s�._ '. � �� _ : �'I �-.� . �_ _.- - � � t�. � � � „ _ � � �='' �;.. __:'--� " ==- - `� �` ; �.�� . ` i � _ - - �� - V � \ \ �1 c: 1'{J. � ' .t � �� L/ �'�� "��',��,.�� °� r i --- _ j, ; .;, ,..:� _ M `��d� `d�' ,�� '`; I -- j- ' '.--� ;�r,-1 i�� `,, 'b - % � = �� , ,.`�_ 'i!� Ir �� - � �/� �it - `' , � I-�€- �.. � I � ,,.-� -., t Ik � � , �� _ j ° �� .,�� ` �f� ��I; � � u. .r .: ' ' �f-� . � � J �, �. � _ -- � r � � �,'-'�l� � ' �� . I -- ' _ �� I � � � � �' k{ i � �_ I � � __ ' .._- �o ��q ' _y _ -� _ � � � • j, � j ��:�;,;. I'��ti? p �' �; �I -� \� ,_ ��. ;,,;.�, ;: �: : - �. - ,: _. , I �;�,� ��._; : • . . � : � _ ��`� `1 ' �' - - � ,.. � ' � , -�, � +�� ; � � �' � �, y�;'�'°`ut': .! ? � . _� H '�� r 1� ':� � ; ` � , • '°,��:�: t yi d � ; d I +' =" `- � E � ��/��.. .� i �'. .� � ' % I I� t� I �I I� � `r �.�\l�' � � � � �� ` �„ M, � f'_r�it ��,� t. -.r. �. -.. �, \�,\��: �� / .��.. �� `��. � � -x 1�' ' y �"�'RT ;:� ,, �i )� -� '^��, :-� �__i! `� �. i � ; ; ,t f ,: � _ r J�r1 �i�_ �� J �� ,, '� � ,� �r F �F-y-1 - 'Sz� _ � .J�� U��i.!!�,. ` � II t �'�� F=' �� i._... T�� 'G � � _ `- -�- J�� . ;'� � �..iu� ; J �� ,�� ;� �� ' , �� ; ,,.; ,, -- � ; r: � ,,�•� `s;• ,�--,r- u: �-��' � - ��! �� i � , •" %�! '�� =' � . ° t„ :; 1 � 'I I r, � � ,,' u I , 5-� �, lE1 ��I �iJu ��^ � : il �k w;.Z�9E ' �q -� � � ��`? � �L�,t �i �� -- - , , , '� F;;,,� .` f• • � ,� i ,; �� 5 �� "��I � �� '-�� L �-r-��l �� ,, �� -�:� ' � ; �, r - � � . `�-:�u ., � ; � I " � ��.�-! ;;I D � �� _ ; - �� . Q.,; }W I � = - � � - " �, ��' i � ` ` ,�. ��r �_,�; — � IS^. �1 'i _ �, �� „ i�. ,� , � '� �\,� I i ''� I� - ! �. �` _ �;�c �I `�� I �.�� ' �° I � I I � — � ��=��: '�� . -�j`�( �. _ . . j � �' �� - iLi�� I �:' � ��_r ^__ _ �r,�.,..�. ��•�.. -� � ..__ � r+„ . - ri,�s �-s. �� ': � • t " ` � =��,:� � •�� f�V'.� _ ��.' � _-" ��.. �_- ,M �� ,� ;!�: � � a.-_.. �y c�;: = I =-' " y.'_- + '_)� _ � !�WWWI I - �� a_.� _ ca_ � "° �._ ° __ N ,�� hG �LJ[LW! -' _��` F�� r' � Z I C=� � y � �� „�� C� O C+ �.' ..« C a .,` �� k ' � :.�^'T�'� ` "-�. _ � _: � . K� E:' = � �c•"' � �� ^° �z � � ~- I �,a�� F.- r^ �, .y`; � t = y.• ~Y �•' ` ��._` z _'� ° � z ' ... C��. .^. I 1 ""C � s-'-r� ..cr: a .. c__ �i '.��^,+,, ; i �--. �:j n 's=r' ^ �:a. �5r.'"""� s .� - � OI � Ci' �� T��. C��' .. L�. ..G P' .�� _'' . L_ ...�.N! S�. t �t �'_ �_ ^ $ ..0 �� ` `� ,�: , ,i � — � ��« itC.• �!�» � ��'• .. � ' M �•.. ; ;p ;n, ,,�, ,- _-.- ^i =-: =- �:. � = .�-.� s_,. � � � � -::��;r° s � '• �;�- �_a- -� __ -. _ ==a �_° _ i ""`'' ' - �,z 3 s_o .. c_ =' u — ~ s52 :i.� � c 1 ��^�`�,,� ' _ __: �; _;: ° _= � •°�-, � ,-=�- _ �-, �_- � --�.. I _ . •9��.i t� -u .�CTRRFT VAP-CITY OF � yY � �� /:` ' � FRIDLEY - °�..�"" ,� ..... _ .._ { � . _,..�._- ��=_ �` . ---- =�-.,.....�...,..'�� =�z 16E � { Eng�neering Sewer Wa�er Parks Streets Malntenante MEMORANDUM �� TO: Wil�iam W. Burns, City Manager*�� P�190-282 FROM: John G. F1ora,�Public Works Director DATE: July 19, 1990 SIIBJECT: Resolution Authorizing Transfer of Appropriations to Park Capital Improvement Fund The attached resolution authorizes the transfer of funds from the Buildings and Lands reserves to the Park Capital Improvement Fund to satisfy the additional playground equipment and tennis court resurfacing approved by the City Council in the 1990 5-Year Capital Improvement Program. JGF/kn Attachment 17 / � �IM�Y 17A RESOLIITION NO. - 1990 RESOI+IITION AIITHORIZING CHANGES IN APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FIIND WHEREAS, the City of Fridley continues the process of updating old playground equipment in the park system to increase safety, use and appearance, and WHEREAS, the City attempts to provide creative and safe playground equipment for neighborhood children, and WHEREAS, replacement playground equipment is needed at Edgewater Gardens; Sylvan Hills and Altura Parks, and WHEREAS, the City of Fridley regularly resurfaces tennis and basketball courts with a color-coating material to maintain a good, safe, playable surface, and WHEREAS, the court surfaces at Briardale; Sylvan Hills, Jay, Terrace, Summit Square and Skyline Parks are in need of immediate work to repair the court surfaces to a playable condition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the 1990 budget be amended as follows: CAPITAL IMPROVEMENT FIIND Project Area: Parks Apvro�riations Increase Item #1 Court Resurfacing ....................................$ 9,000 Increase Item #5 Playground Equipment Upgrades ........................$22,500 531,500 Revenues Decrease Fund Balance ...................................jS31.500) 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 �� CAPITAL IMPROVEMENT PROGRAM 5/08/88 PROJECT AREA PROJECT AREA: PARKS YEAR: 1994 ESTIMATED PROJECT TITLE FUNDING SOURCE PROJECT COST ------------- -------------- ------------ LIGHTING UPGRADES � ADDITIONS PARKS 12,000.00 PLAYGROUND E UIPMENT UPGRADES PARKS 5 SPRINGBROOK PARKING & ENTRANCE PARKS 45 000.00 TENNIS COURT RESURFACING PARKS 9 000.00 WARMING HOUSE/PARK BUILDING PARKS 80,000.00 TOTAL PROJECT FOR 1990 161�000.00 II-B-2 � 0 REVISED �� sso ::::::<.: <:: :. : :'�'�,lE�'C �A.._�. }��'" 1990 CAPRAL 1MPROVEMENT PROGRAM PROJECT AREA PAFiICS 17C SPRINGBROOK PICNIC SHELTER PARKS 17��•� WARMING HOUSE/PARK BUILDING PARKS ��•� TOTAL PROJECT FOR 1990 II-B-2 197.500.00 Engineenng Sewer Water Parks Streets Maintenance MEMORANDUM , TO: William W. Burns, City Manager,�.�' PW90-278 FROM: John G. Flora, Public Works Director DATE: July 1, 1990 BIIBJECT: 1990 Capital Improvement for Additional Redwood Play Structure for Edgewater, Sylvan Hills and Altura Parks In the 1990 Parks Capital Improvement Program approved by the City Council on June 9, 1989, there was $15,000.00 allotted for a park Redwood Play Structure for the Following parks: Plaza Park Summit Square Park At the July 9 council meeting, the Parks Capital Improvement Funds for additional play structures have been increased to $37,500.00 to include the following parks: Edgewater Park Sylvan Hills Park Altura Park Recommend the City Council authorize the advertisement to bid for the additional Redwood Play Structures. The estimated cost for the additional play structure is $22,500.00. JGF/ts Attachments � / � FW� • � RESOLIITION NO. - 1990 RESOLIITION TO ADQERTISS FOR BIDS FOR THREE (3) REDWOOD PLAYSTRIICTIIRES B� IT RESOLVED by the City Council of the City of Fridley as follows: 1. That it is in the interest of the City to award bid contracts for the following items or materials: THREB (3) REDWOOD PLAYBTRIICTIIREB for EDGEWATER, SYLVAN HILLS, l�ND 71LTIIRA PARRS 2. A copy of the specifications for the above-described items and materials, together with a proposal for the method of purchase and the payment thereof have been presented to the Council by the City Manager and the same are hereby approved � and adopted as the plans and specifications, and the method of acquisition and payment to be required by the City with respect to the acquisition of said items and materials. 3. The purchase of said items and materials as described above shall be effected by sealed bids to be received and opened by the City of Fridley on the 6th of August, 1990. The City Manager is directed and authorized to advertise for the purchase of said items and materials by sealed bid proposals under notice as provided by law and the Charter of the city of Fridley, the notice to be substantially inform as that shown by Exhibit "A" attached hereto and made a part of by reference. Said notice shall be published at least twice in the official newspaper of the City of Fridley. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRZDLEY THIS 23RD DAY OF JOLY, 1990. WILLIAM J. NEE - MAYOR ATTEST: SFiIRLEY A. HAAPALA - CITY CLERK - r : . BYHIBIT ��A" NOTICE TO BIDDBRS THREE (3) REDWOOD PLAYSTRIICTIIRES Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Public Works Director, 6431 University Avenue, N.E., Fridley, Minnesota, 55432 (Tel. 571-3450) on the 6TH DAY OF AIIGIIST, 1990, at 11:00 a.m., for the furnishing of (3) redwood playstructures. All in accordance with plans and specifications prepared by John G. Flora, P.E., Public Works Director, Fridley Municipal Center, 6431 University Avenue, N.E., Fridley, 1�IId, 55432 (Tel. 571-3450). Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained for the manufacturer's or distributor's individual use by applying to the Public Works Director. Bids must be made on the basis of cash payment for playstructures, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the City of Fridley, NIId, in an amount of not less than (5�) percent of the total amount of the bid. The City Council reserves the right to reject any and all bids and � to waive any informalities in any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated the 23rd day of July, 1990. John G. Flora, P.E. PUBLIC WORKS DIRECTOR Published: Fridley Focus July 25, 1990 August 1, 1990 � r �`o;"; -".�;; ��.,;o.;,;'9 � M �: :: c' .., ` sm ._ 'y'��i+ 'a)� ��..�.... r.. ~�i •.w .r J�� .�__�_ � � � �. e.. r in's.r lr � _ , W_�W.�. 18�= �� _ .... r < J- ' � r..r uu ' �� ' r .1'�� "" ww�. r .n ��O , _ ittt w�.n ww�.� �.w �^� � ..,� w.r �r —L = � � S �..� Vr �I ��1� �� V _ \ Y'�� .� _ � \' =j� �— a .� �! ........ .., ... _. i� �. � � O �. �w. �w � O r. ew �w ( �\ � _ ` a: s ` �� ` � ' � w � » ,r� y', Y � r»r� V .� �, y�(�y�.,,, � •Oi �... � \ '� �7G..-LE , + .C: �, � 'Y. Mr � �� Q Y� �:J': �,; _ i i YYM G �. . � . � t. . p Y:7 .a� ` +w.r 1 � ' � y w� � . � �� -. �.. . `� � �� , - , 1 --- „ ._ . d � . �"- - --„" ` ` � � `� � ��KE' [ �.: , , r.� - —r. ..- ....-..._.._.. - ---- — — — _ Li� �L- . �d % � �� .;� _ � - . ^_ _: _ � � � �7i `C�� ';= I � �_ � 1 n n I� b, =� _.� � _. _ o .:.4..�.: ��--- � � ss \� ,� _ � a4 � �� `�«, - $ \ - �/ : � �, �. � � _ ,�, _ � � ; � : .. --- :��-: 1 �� _ � � ;:;.- �i-��..-.; �' i s°',' q • �"'-:: ,, , � / � t,�.�, .. _.� _ i -� � = - � � °°� � �--- � : a I 1; -- _ I � / /r - -_ .�r^-�� w � Q� �.�- ..., r ,_ � - � �� _ - _ , � - � _ _ _ .. �. ,�.. , � � •, r ,If � � � i I � � � ' ' ' ' ' I' ^J � � D � � li� � � -�..,`)� j i i ` ao - e . Q � �� _.s ` " '_� '. �' � I -• _ _ � IY � � � .��•,�•w� h � �'• � � , 6•• •`�s � k -'A.. ` _ � '� n"M� 7 _' ' • �'�+�a • � �• • o ° � �' • f �� .. � • _ I �a>o��y• +�t�.�ee.�oc • I 3Y' � • • ° a ° e l • \``. _ ��j^�-f.�7' �� . s •o' `r �� _ ' � i . � ° s• ° � e , '• ` : ,�)�,��Jl� � �� .'s r e cu e° a� c ' � � � - - � __. � s ``v. ;'i..� r+'> F- i' � ;, � i= � ,��„'<.11. �n a. `' , � ° ^ - .� .�[",��,u a � n'��.�� ) � �` :�c. 'Il"-�' i� , � � � � �y c � 1 y � _ `J "'�^ � _ �"O �� .t��VJ �. (n ! � O � i il s Vu .! E i N r � � � � o -, � _ 'c ;. � ' I �/. �1 �' er Ul/ .�� I . �' � � I . 6 4 = C 'i Q l: ' ' , s � � . MM�I� �_�..� ��r _ � V� aD+r � I Ip'" La% �� ,Y ' M_ Y/�� I I 1 �Y ..JI_�. � �O � � J _ .� �� i� _— f r t i '�� M� �2 : a� .� � � " � � � I r t i �' 1 � � � i F 1 ! ' " o r� :l i ' - ~ • _ o � =i ��-�(_�..� ,�. �t • I G u � + e O' � • b ^ � r...�1�Ti!� .�� "'-- � �B�a a V. :i�i }::l: i � "�"V'' ° --- ° ° -%�-t'��•:'::;�� __ _ ��r �J�y I � C O D ' �'L. L`��y 1 Gv �cr yV n— �. - - .•r e+ � °C�^k" ° '_'r_"�?�i%�F � :'`�"°'��_ _�- �' E •6 �� ,.�� 'Q� _' _ -'_"�'::r.'�-:.:� �1� L�KQ�I - � '� ' � � ;� -- � n "=- �1. ; pORE � % s {�i�. ,- . � "' I I I I� ------• -•" •• r % �/�� • c;.c,�:i - Q nC / pe ' 'i_r.. ;�i��....' � ifi' i �'�• � t � �l ^ �� i � �' !N t I �_... s ��!'��i' �_ ir �/ w.. o.[� / b '' � ,' � �� > �„ ? / _ .. / � � ` � �� :� y" � .� � f. � y ,/ r. Yr� ,�,1 �� `'c ; ' � f C ' a� I + � � �, -_ � i � J�' �� — f � � � =�.--�/ � �` � -- , � • Ij ' � I\� \J r L _' �Lra.�✓ r ✓ `' � � �w.�.. ��l 1NOf.6 ' �C1�-�:'Y unuKO snuns �� . ... .. ....... � w�� nf � �� i��p �'„ � ��... �'L?:�r. `Cg `'1 1� E �'� � � J I � FOR CONCURRENCE HY THE CITY COUNCIL BLECTRICAL Maxwell & Ronallo 4235 Nicollet Avenue South Minneapolis, 1�1 55409 Wiring by Weir, Inc. 410 Ensign Avenue North Golden Valley, MN 55427 (iA8 BERVICES Rollins Heating & Air 2420 West County Road C Roseville, 2rIId 55113 Equipment Supply Inc. 593 North Fairview St. Paul, I+IIJ 55104 John Maxwell John Weir Buck Wolter David Hodgson GENERAL CONTRACTOR Twin Cities Habitat for Humanity 2720 East 22nd Street . Minneapolis, 1rII�i 55406 Jay Allen Beitler Building Systems 21789 Oldfield Avenue North Scandia, I�T 55073 Conrad, Ron Construction Co. 5913 Pleasant Avenue South Minneapolis, MN 55419 Custom Pools Inc. 601 Excelsior Avenue East Hopkins, I�t 55343 Exte=ior Design Service 6391 Monroe Street N.E. Fridley, NIId 55432 BEATING Equipment Supply Inc. 593 North Fairview Avenue St. Paul, MN 551G4 Ro12.ins Heating & Air 2420 West County Road C Roseville, I�T 55113 Joseph Beitler Inc. Ronald Conrad Gin Mulvaney Paul Kilgore David Hodgson Buck Wolter LICENSES STATE OF MINN Same CLYDE WILEY Bldg/Mech Insp Same 2�A DARREL CLARK Chief Bldg Ofcl Same Same Same Same CLYDE WILEY Bldg/Mech Insp. Same PLIIMBING Boedeker Plumbing & Heating 2905 Garfield Avenue South Minneapolis, 1�1 55408 Jack's Plumbing 16930 Chisholm Street N.E. Ham Lake, MN 55304 Chester Boedeker STATE OF MINN Jack Pederson McGuire Mechanical Services Inc. 20830 Holt Ave., P.O. 219 Lakeville, NIld 55044 Timothy McGuire Peebles Plumbing 7334 - 107th Lane Clear Lake, MN 55319 John Peebles ROOFING Grussing Roofing Inc. 4305 Shady Oak Road Hopkins, MN 55343 Don Grussing Same Same Same DARREL CLARK Chief Bldg Ofcl. 21B APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR � '� FOR CONCIIRRENCE BY THE CITY COIINCIL F�� JIILY 23, 1990 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, MN 55432 22 BSTIMATEB Services Rendered as City Prosecuting Attorney for the Month of May, 1990 .......$ 9,423.00 Bruce A. Liesch Associates, Inc. 13400 - 15th Avenue North Minneapolis, MN 55441 1. Monitoring Wells at Commons Project No. 208 Partial Estimate . . . . . . . . . . . . . . $ 2,376.30 2. Monitoring Wells at Commons Project No. 208 Partial Estimate . . . . . . . . . . . . . . $ Gammon Bros., Inc. 13845 Northdale Boulevard Rogers, MN 55374 i�s.ao Street Improvement Project No. ST. 1989 - 1& 2 Estimate No. 17 . . . . . . . . . . . . . . . . . $ 11, 809. 25 HNTB 6700 France Avenue South Suite 260 Minneapolis, MN 55435 1. Inspection of the 1.5 MG Elevated Water Reservoir Proj ect No . 2 02 Partial Estimate . . . . . . . . . . . . . . $ 5,886.58 2. Design and Improvements to Well No. 12 and 63rd Avenue Booster Station Project No. 204 Partial Estimate . . . . . . . . . . . . . . $ 3,525.00 22A