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10/15/1990 - 5134� � FRIDLEY CITY COIINCIL iL8$TINQ ��' ATTENDENCE SHEET MONDAY , October 15 , �990 7:30 P.M. �LEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN " ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER /G G1�'Z.t� �/� � /�� i�1,E�t//� I/�. � � � � �s �� ° e v� 5� 3 ��/� �,,��v �- A /n k'J � � � � � � � � / d — �. ,� �" l/Y / y �� / ^ 'e� l �° ��ol/ / Q r0'f l /,'' % i � � a� � � �qd _ Tti ✓� � , � I s �- -� ,�� ==�,�sa � 3 3 i ��r<s�,� ss ti�.� ._._- G Rc� �' / dL�V � � Z�..(�t c�.s o�,/ Sf �w= Gr� w�-+s�,,. 73l s Nw. G 5 /l��r • � L o � 1% 'iQ�..��/�,c '��l�- C L �-1 l 3 =� �v � .�^ � Li �// �► i�iG a L. �c- Sr�''�^ S3� —�y'�� G r � �� -- ` �� z S �.�.� . 7i�- �"- s �V ✓B t� �� y � �� `��s �� ,lE�s ,r�� N� � � � � �.._.�P�� , , ,� � , , ,�� . 0 � ODO � /�/b�E � � � � � / I ' /3 / /��D ��.� /� l , �R1DJ+SY C�TZ CoUrGiL lLESTiN�� OCTOSER 15� 1990 YaQ@ Z PIIBLIC BEPiRINQB: Issuance of an On-Sale Intoxicating Liquor License to the Moose Lodqe for the Property Located at 8289 University Avenue N . E . . . . . . . . . . . . . . . . . . . . . . . 1 Registered Land Survey, P.S. �90-05, by Dan Sullivan to create Two Tracts, Tract A and Tract B, to Simplify Existing Legal Descriptions, Generally Located at 1161 Regis Lane N . E . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2J Preliminary Plat, P.S. #90-04, by Target Northern Distribution Center 2nd Addition, by Dayton-Hudson Corporation to Add a 70' x 1,100' Strip of Property to Target's Existing Property, Which is Now Part of M.T. Properties' Railroad Right-of-Way, Generally Located West of Highway 65 and South of the Target Northern Distribution Center Building . . . . . . . . . . . . . . . . . . . . . 3 - 3J Rezoning Request, ZOA #90-05, by A1 Schrader, to Rezone Lots 7, 8, and 9, Block 1, Central View Manor, from M-1, Light Industrial, to C-3, General Shopping, Generally Located at 7355 Highway 65 N.E., for the Construction of an "Auto Mall" and a Restaurant . . . . . . . . . . . . . . . . . . . . . . . 4 - 4W FRiDLEY CITY COIINCIL l�ETING, OCTOBER 15, 1990 Paqe 3 PIIBLIC HEl�RIN�38 (COI�TINIIED) S Sale of Excess Property on Lot 3 and Part of Lots 2 and 3, Block 1, Central View Manor, Generally Located at 73 1/2 Avenue and T.H. 65 . . . . . . . . . . . . . . . . . . . 5 - 5C OLD BOSINESS: Appointment to the Appeals Commissions . . . . . . . . . 6 Second Reading of an Ordinance to Repeal in its Entirety Chapter 605 of the City Code of the City of Fridley, Minnesota, Entitled "Intoxicating Liquor--Clubs", and to Establish a New Chapter 605 Entitled "Intoxicating Liquor--Bottle Club Permit" and Amending Chapter 11, "General Provisions & Fees" . . . . . . . . . . . . . . . 7 - 7B NEW BDSINESB: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 30, Entitled "Charitable Gambling," by Renaming the Chapter "Lawful Gambling" and Amending Section 30.03 . . . . . . . . . . . . . . . . . . . . . . 8 - 8B FRIDLEY CITY COIINCIL l[$$TINa, OCTOSSR 15, 1990 Paqe 4 �11811 BIIBIN$88 (CONTINIIED) : First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 602, Entitled "Beer Licensing," by Amending Section 602.08.05 . . . . . . . . . . . . . . . . . . . 9 - 9A First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 603, Entitled "Intoxicating Liquor," by Amending Sections 603.10.7 and 603.24 . . . . . . . . . . . . . . . . . . . . . . . 10 - lOC First Readinq of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . 11 - 11A Special Use Permit, SP #90-15, by A1 Schrader to Allow Repair Garages; to Al1ow Automobile Service Stations and Motor Vehicle Fuel and Oil Dispensinq Services; to Allow Motor Vehicle Wash Establishments; to Allow Exterior Storage of Materials and Equipment, all on Lots 1 through 9, Block 1, Central View Manor, and Lot 3, Block 1, Central View Manor 2nd Addition, Generally Located at 7355 Highway 65 N.E. . . . . . . . . . . . . . . . . . . 12 - 12DD r-iciLLSZ a:11i bvuiac;lL JLii�lt�l(�� V�:1'VifJSK l�� 1990 P3Q6 5 NE11 BIISINE88 ICONTII�tUED) : Receive Items from the Minutes of the Planning Commission Meetinq of October 10, 1990 : . . . . . . . . . . . . . . . . . . . . 13 - 13PP A. Special Use Penait, SP �90-16, by David and Valeria Slovensky to Allow a Second Accessory Building, over 240 Square Feet, on Lot 29, Block 1, Oak Creek Addition, Generally Located at ?234 East River Road N.E. ... 13 - 13L B. Special Use Permit, SP #90-06, by Bob Bushey of Sears Outlet to Allow Exterior Storage of Materials on Lot 1, Block 1, Shorewood Plaza, Generally Located at 1000 East Moore Lake Drive N.E. ..................... 13M - 13PP Receive an Item from the Minutes of the Appeals Commission Meeting of September il, 1990 : . . . . . . . . . . . . . . . . . . . 14 - 140 A. Variance Request, VAR #90-23, by Moore Lake Racquet, Swim, and Health Club to Increase the Number of Days a Temporary Banner may be Displayed from 14 Days to 90 Days, on Lot 1, Block 2, and Lot 2, Block 2, Shorewood Plaza, the Same Being 1200 East Moore Lake Drive N.E. I FRIDLEY CITY COi�TCIL 1[8$TIXG, OCTOHBR 15, 1990 �$11 BIISINE88 (CONTINtTED) : Paqe 6 Approval of 1991 Super Cycle Contract . . . . . . . . . . 15 - 15R Consideration of Starting Time for City of Fridley City Council Meetings . . . . . . . . . 16 Approval of the City of Fridley's City Policy on Handling Complaints Regarding Diseased Trees . . . . . . . . . . . . . . . . 17 - 17I Approval of Letter to be Sent to the Signers of the Trollhagen Stop Sign Petition . . . . . . . . . . . . . . . . . . . 18 - 18A OCTOBER 15, 1990 NEW BUSINESS (CONTINiTED): � Approval of Letter to Anoka County Commissioner Dan Erhart regarding the Proposed Dial-a-Ride Program . . . . . . . . . . . . 19 - 19B Resolution Approving a Registered Land Survey, P.S. #90--05 . . . . . . . . . . . . . . . . 20 - 20A Resolution Regarding Change of Use of Surplus Lands . . . . . . . . . . . . . . . . . . 21 - 21H Resolution to the Anoka County . Highway Department Removing Ashton Avenue from the East River Road Upgrade Project . . . . . . . . . . . . . . . . . . . . 22 - 22A Change Order No. 1 for Monitoring Wells at Commons Park, Project No. 208 ....... 22-1. - 22-1.0 f- `��,,..�: ��.: ��va.��L ,a��-r�r��, �,�:�v�s�x ��, 1�790 raqe s �i811 H08INE88 (CONTINQED): Appointment . . . . . . . . . . . . . . . . . . . . . . . 23 Informal Status Reports . . . . . . . . . . . . . . . . . 24 Claims . . . . . . . . . . . . . . . . . . . . . . . . . 25 Licenses . . . . . . . . . . . . . . . . . . . . . . . . 26 - 26C Estimates . . . . . . . . . . . . . . . . . . . . . . . . 27 ADJOIIRN: ♦ Crime Prevention Month October,1990 NYittiam J. Nee Mayor Fridley. MN `YV�C��t;�'.,�,S, crime anc� the fear of crime adverse(� affect tke we(� d eing and the quality of fife of al�citizens and insritutions in any community; and �Y1�X��,�',S, tFce financi.al�oss, persvnalinjury, andcommunitydeterioration �su�ting from crime are irctoCerad�e; arcd `W9-f�7�,E,�1,S, cituerc crime preventiorc action has proven successful in r�ducing crime; and `Yt�(�7Z,��I,S, it is esseritiaf that the �"rict(zy Police Deparcment continue to d'�stridute crime preverctiorc ir formatiorc to the pudfic and encourage their invofvement in crime prevention pro�r rams to Fiefp reduce t�e numder of crime victims; ancf `1N�J��?',�',S, crime prevention adds immeasurab�y to t(e Fcealtfi, safety, and vigor of our comncurcity and must d e encouraged arufsupportecf6ygovernment.al agencies, d usinesses, schoo(s, conlmunityproups, and neighdors to ensure its continue�tsuccess; and `Yt�J�f�7Z,E�,S, crince preverition programs require tke support of a%�citizer�s; and `Y1�Jf��,�?LS,1990 mark,s �I-IcC�ruff's 10th year of helping,�tmerica�ts tal� a dite aut of crime; �0�1N7�C�2�,��p7�,�, I, `INILLI�f �. ��, Mayor of tFie City of �iid�ey, do heredy procfczim the morcth of Octo6er,1990, as Crime Prevention Month irc �rid�ey, uncf encourage a� citizens, dusinesses, arul institutions, to increase their crime preve�ctiori participatiort, andfurtFierencourage citizens to organize intoCrime �INatch�ighdor- hoods arad receive �"ridlzy �eighdorfiood Crime 4Natck Signs. I71� `YVI2JI�E.SS `YV3-f��0� I have set my hancf and caused tFie sent vf t.�e City of �ridlzy tv de affixecf tkis 15th day of Octo6er,1990. WII.LIAM J. NEE, MAYOR '1'�E l[INIIT$8 OF TH$ RBt�OLl1R l[BETINa OF THE FRIDLEY CITY COIINCIL OF OCTOB$R 1. 1990 The Regular Meetinq of the Fridley City Council was called to order at 7:40 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Counci� and audience in the Pledge of Allegiance to the Flag. �tOLL CALL • MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None PRESENTATION OF PROCLAMATION: PHYSICIAN ASSISTANT DAY - OCTOBER 6 1990: Mayor Nee issued a proclamation proclaiming October 6, 1990 as Physician Assistant Day in the City of Fridley in recoqnition of the services performed by physician assistants. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 17, 1990: MOTION by Councilman Billinqs to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted, except to consider Item 7 after Item 4. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: SHARED RIDE TAXI SERVICE: Mr. Elwyn Tinklenberg, representing Anoka County, stated that he appreciated this opportunity to address the Council reqarding a transit program. He stated that Anoka County was involved in a transit needs study and, as part of this idea, new services were proposed in the County that exist north of Osborne Road. He stated �RIDL$Y CITY COONCIL M8$TINa OF OCT088R 1. 1990 PAQB 2 that this service operated as a weekend fixed route that did not provide the need as intended nor did it attract the ridership. Mr. Tinklenberg stated that one of the alternatives proposed was a dial-a-ride for persons to call for a van to take them where they want to go in Anoka County. He stated that this service was implemented in Auqust, primarily north of Osborne Road. He stated that there was a concern expressed that this did not service the southern portion of the County and the cities of Hilltop, Columbia Heights, and Fridley. Mr. Tinklenberg stated that concern was expressed by Councilman Billings and Commissioners Kordiak and McCarron. Mr. Tinklenberg stated that the County reviewed ways of expanding the service and has a temporary proposal to implement service as soon as possible. He stated that what is proposed is an expansion of the service that exists in Columbia Heiqhts that is a shared ride taxi service. He stated that the program would be expanded into Fridley and provide door-to-door service for persons calling the Anoka County Traveler phone number. He stated that people would be picked up and taken to any areas in Hilltop, Columbia Heights or Fridley. He stated that if they wanted to travel in other areas of the County, they would be taken to a transfer site where the County's traveler van would take them to other destinations in the County. Mr. Tinklenberg stated that one of the transfer coordination points is Northtown. He stated that it is hoped this plan could be implemented as quickly as possible and be available by December 1, 1990. Mr. Tinklenberg stated that it is hoped the details on this proposal could be worked out with staff and persons responsible in Hilltop, Columbia Heights, and Fridley. He stated that the plan would then be submitted for the Council's consideration. Mr. Tinklenberg stated that dial-a-ride is currently going through an eighteen-month demonstration period and will be reviewed in twelve months to determine how the program is working. He stated that if they continue this service, it would be available in all areas of the County. He stated that the fee for the ride would be $1.00 for a one-way trip, if a person called in advance, otherwise the fee would be $1.50. Councilman Billings stated that he understands the $1.00 fee would be borne by the rider and asked what expenses would be borne by the City. Mr. Tinklenberg stated that the only expense to the City would be involvement by City staff in regard to the marketing and coordination of the service. He stated that there would not be any direct costs. �RIDL$Y CITY COIINCIL �IB$TINQ O� OCTOBBR 1. 1990 PAa$ 3 Councilman Billings asked what the response was to the Anoka County Traveler since this service was initiated in Auqust. Mr. Tinklenberg stated that the response has been somewhat overwhelming. He stated that they have had to add additional vehicles and revise some of the schedulinq operations in order to respond to the large nwaber of calls. He stated that they have approximately two hundred standinq orders each day. Councilman Billinqs asked if cities in Anoka County were continuing to operate their local vehicles to transport senior citizens for the lunch proqrams and questioned this current proposal's impact. Mr. Tinklenberg stated that the communities that have existing van service are still operating this service. He stated it is intended that the Anoka County Traveler provide a phase-in service over a period of time. He stated that he did not think this proposed plan would impact the existing transportation of the senior citizens. He stated that service is funded and provided through some of the community organizations and that it would be totally up to the Council � they wanted to continue this operation. He stated it is not the intent that the Traveler displace this service. Councilman Billings stated that it seems the Anoka County Traveler has been very successful in the first several months of operation and asked Mr. Tinklenberg about the funding. Mr. Tinklenberg stated that he believed funding would continue as it currently exists, but perhaps in a different ratio. He stated that he felt funding would be provided by the Regional Transit Board and the County. Councilman Billinqs stated that the reason he became actively involved and contacted Commissioners Kordiak and McCarron was because he felt very sliqhted that the three cities in Anoka County that have the largest populations per square mile were excluded from this service. He stated that Mr. Tinklenberg's proposal is in reaction to the concerns of Commissioners Kordiak and McCarron. He stated that this is really not what he would like for Fridley and felt the entire County should have been treated equally. He asked Mr. Tinklenberq what type of service he envisioned. Mr. Tinklenberg stated that they are proposing a central phone number for scheduling and dispatching. He stated that this is a transit service, not a taxi service, which means that if people are scheduling their rides they need to build in some flexibility in that the vehicle may be pickinq up other people. He stated that he felt if there was one dispatcher, and if the vehicles are connected by radio, the transfers could be made as efficiently as those provided by the MTC system. �RIDLBY CITY COIINCZL I[EBTI�a OF OCTOB R 1, 1990 PAG$ 4 Councilman Schneider asked why Fridley did not qualify for the Anoka County Traveler service. Mr. Tinklenberg stated that the reason for this proposal is because this service could be placed into operation quickly and could be expanded with Morley and shared ride taxi service without going out for bids. He stated that, in terms of the cost, certain funds were allocated for this project, and if the Traveler service was expanded into this area, there would be a significant increase in the cost and displacement of an existing service in Columbia Heights where it is working very well. Councilwoman Jorgenson stated that Columbia Heights' shared ride service does not have the same hours as the County program. Mr. Tinklenberg stated the proposal is that the service hours would be expanded for the Anoka County Traveler program so that the service hours are the same as the other areas of the County. Councilwoman Jorgenson asked if there were any transf� points between Anoka County and Hennepin County. Mr. Tinklenberg stated that the only transfer points would be between the Anoka County Traveler and the MTC service. He stated that he believed some of the volunteer ride programs and Metro Mobility provide service to other counties. He stated that the Traveler strictly provides service within Anoka County. Mayor Nee asked Mr. Tinklenberg what action was needed on the Council's part reqarding this proposal. Mr. Tinklenberg stated that he would like a letter from the Council to the Anoka County Board indicating that they support this expansion concept. He stated that there are a number of details to be worked out, and a staff person would need to be available to coordinate and market plans. Councilman Schneider felt that this proposal would provide a siqnificant service to the residents of Fridley. He stated that he was not happy Fridley was not included in the original plan. Mayor Nee asked if any of the Councilmembers felt that they did not want to support this proposal. Councilwoman Jorqenson stated that she would support the program, but she would like to see it continued into other counties. Mayor Nee felt that there would be a lot of residents who would be delighted to have transportation to Northtown for shopping. Councilman Billings stated that he felt the County Board was well aware of the fact that the City did not think they were being { �'RIDLEY CITY CODNCIL liBBTIN�i OP' OCTOBBR 1. 1990 PlIG$ S treated equally with the rest of the County. He felt that a letter could probably be written reqardinq the fact that the City was not pleased with beinq eliminated from the proqram when it beqan. Councilman Fitzpatrick questioned what commitment a letter of support would involve. Mr. Tinklenberg stated that a letter in support of this proposal would allow the County to work with City staff to put the finishinq touches on the program. He stated that the proposal would be submitted to the anoka County Transit Advisory Committee and County Board because there are some additional funds that would have to be made available for marketing. He stated that there are no direct costs to the City of Fridley. He stated that a letter of support would only commit the City to the interim proposal. Councilwoman Jorqenson asked Mr. Burns if there is staff available to handle the marketing or if additional personnel would be necessary. Mr. Burns, City Manaqer stated that, at this point, he did not know what would be involved by staff in the marketinq. He stated that Jim Froehle has been the liaison for these kinds of services, and he would imaqine that Jim would fill this role. He stated that, obviously, there would be additional costs for staff time. Mr. Tinklenberg stated that there is a marketing committee that works with a marketing firm to assemble the material, and it would be simply a matter of coordinating and determining how the marketing might be done in the City. He stated that he did not think it would involve a large amount of time. Councilwoman Jorqenson questioned whether or not there may be confusion in this proposed service versus the local transportation that transports senior citizens to their conqregate dininq. Mr. Burns stated that he cannot quarantee there would not be a problem or some confusion, but felt with an informational program at the Senior Citizen Center, this could be handled. Councilman Fitzpatrick stated that he would not like to see this additional service weaken the service that is currently beinq provided. Mayor Nee advised Mr. Tinklenberg that the Council would discuss this issue later in the meeting and appreciated his presentation. ♦. �RIDLEY CITY COIINCIL l[S$TINa OF OCT088R 1. 1990 PA(i8 6 OLD BUSINESS: 1. YARIANCE VAR #90-18 BY WINFIELD DEVELOPMENTS INC TO INCREASE THE MAXIMUM S4UARE FOOTAGE OF A FREE-STANDING SIGN FROM 80 SOUARE FEET TO 104 SOUARE FEET: TO ALLOW A SECOND F�tEE-STANDING SIGN ALONG THE SAME STREET FRONTAGE; TO ALLOW AN EXISTING 24 SOUARE FOOT FREE-STANDING SIGN TO REMAIN ON LOT 4 EXCEPT THE NORTHERLY 35 FEET, LOTS 5 AND 6 BLOCK 1 PACO INDUSTRIAL PARK THE SAME BEING 7110-7190 UNIVERSITY AVENUE N.E. (TABI,ED 9�/10/90) : Ms. Dacy, Planning Coordinator, stated that this is a request for two variances. She stated that one variance is for two siqns, rather than one sign as permitted by the Code, and the other variance involves increasinq the square footaqe of a sign from 80 to 104 square feet. Ms. Dacy stated that the Council approved a setback variance to locate the existinq monument sign six feet from the property line and a permit for the siqn was issued on September 30, 1987. She stated that the area of the sign copy is approximately 24 square feet. Ms. Dacy stated that in the fall of 1989, the property manaqer for Winfield Realty, Cynthia Cronin, contacted the Planning Office reqarding requirements for installing an 80 square foot pylon sign. She stated that Ms. Cronin was advised in a phone conversation on September 11, 1989 that the existing sign approved in 1987 would have to be removed since the maximum allowable square footage would be exceeded and that two signs would exist per street frontage. Ms. Dacy stated that on September 18, 1989, the sign contractor was advised that the existing sign would have to be removed, unfortunately, and that the stipulation to remove the sign was not written on the siqn permit for the 80 square foot sign. Ms. Dacy stated that since the permit issuance, staff has contacted Winfield Realty on several occasions to either remove the existing monument sign or remove the verbiage from the monument sign in order to comply with the Sign Ordinance. She stated that Winfield Realty has decided to apply for a variance to retain both signs. Ms. Dacy stated that staff and the Appeals Commission recommend denial of the variance. Ms. Cronin, representing Winfield Realty, stated that this variance is kind of after the fact as there are two siqns which have been there for a while. She stated that the monument sign is about four feet high. She stated that in the summer it is used as a planter, and it is not seen in the winter due to the snow. She stated that if they cannot keep the monument sign, they would at least like to keep the red "W". She stated that they would like to retain the lRIDLBY CITY COOr1CIL ILBBTI�Q O� OCTOBBR 1. 1990 PAO$ 7 pylon Biqn and the Rice Creek Business Center letterinq on the monument aiqn, if possible. Councilman Schneider asked if City staff advised her that the sign was acceptable or if the pylon siqn was installed, the monwnent sign would have to be removed. Ms. Cronin stated that she was aware of this requirement; however, there was about a seven-month period between the installation of the siqns and everyone kind of forgot about it. She felt that when they had to deal with it, they would. Councilwoman Jorgenson stated that Ms. Cronin was advised when they received approval for the pylon siqn that the monument siqn had to be removed. She felt that this should have been done to preserve the inteqrity of the Siqn Ordinance. Councilman Billinqs stated that there seems to be attention called to the fact that at the time the permit was taken out for the pylon siqn, Ms. Cronin was told she exceeded the 80 square foot total and the other siqn would have to be removed. He asked, at that time, if the pylon siqn was on order. Ms. Cronin stated that they did not order the sign until they received the permit. Mr. Greg Asproth, owner of University Billiards, stated that the sign does not promote any single business, but promotes the center. He stated that he realizes it was not properly done, but tearing off the letterinq and leaving the sign blank would not make it attractive. He felt that if the lettering was removed, it would be more noticeable. Ms. Dacy stated that if they want to remove the letterinq on the monument sign and leave the bricks, it could be a decorative planter. She stated that if th� red "W" is left, the question remains if it is still a sign. Councilman Schneider stated that there is no requirement that the monument sign has to remain, and it could be removed. Mr. Steve Commers, owner of Commers Printinq, stated that they have wanted the signaqe improved and came up with the pylon sign. He etated that in trying to improve the siqnage thinqs qot confused, and they ended up with several different styles. He felt that the monument sign was not that visible from the beqinninq. Councilman Billings stated that several years ago there was discussion by the Council of establishing a policy of working with developers of multiple occupancy projects to install brick monument type siqnage that announces the presence of a particular industrial park. He asked how this particular siqn would relate. �RIDLBY CITY COIINCIL l[8$TINa OF OCTOBSR 1. 1990 PAQ$ 8 Mr. Robertson, Community Development Director, stated that this was part of the overall scheme of urban desiqn standards. He stated that it was envisioned there would be a monument siqn designatinq an entire complex and involved such developments as the North University Industrial Park and the East River Road complex; however, this particular siqn was not envisioned to be part of these standards. MOTION by Councilman Billings to qrant Variance Request, VAR �90-18, with the following stipulation: (1) that all the letters and writing, other than the "W" for Winfield, be removed on the 24 square foot monument siqn. Seconded by Councilman Fitzpatrick. Councilwoman Jorqenson questioned if other businesses would be allowed to do the same. Councilman Billings stated that they would have to apply for a variance if they exceed the 80 square feet. He stated that he is sure this is not the only building in Fridley that has a sign larger than 80 square feet. Councilwoman Jorgenson stated that she has a problem when they were told that the monument siqn had to be removed and felt there may be others who may install a monument siqn and then apply for a variance. Ms. Cronin stated that she was under the impression that the 80 square foot sign was approved. She stated that when it came to issuing the permit that is when they realized they could not keep the monument sign. She stated that she had full intentions of applying for a siqn variance, but she felt there was miscommunication on both sides. Mayor Nee stated that the monument sign really does not end up as a sign with the lettering removed. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Mayor Nee voted in favor of the motion. Councilwoman Jorqenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 2. ORDINANCE NO. 956 RECODIFYING THE FRIDLEY CITY CODE CHAPTER 606. ENTITLED "INTOXICATING LIOUOR--CONGRESSIONALLY CHARTERED VETERANS' ORGANIZATION". BY RENAMING THE CHAPTER "INTOXICATING LIQUORS--ON-SALE CLUBS" AND BY AMENDING SECTION 606.01 606.03, 606.06. 606.10.07 AND AMENDING CHAPTER 11. "GENERAL PROVISIONS AND FEES": MOTION by Councilman Billinqs to waive the second reading of Ordinance No. 956 and adopt it on second readinq and order publication. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. � �� 1: : c • � �� i� : ' ' �Y � ��1 3. FIRST READING OF AN ORDINANCE TO REPEAL IN ITS ENTIRETY CHAPTER 605 OF THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA. ENTITLED "INTOXICATING LIQUOR--CLUBS", AND TO ESTABLISH A NEW CHAPTER 605 ENTITLED "INTOXICATING LI4UOR-- BOTTLE CLUB PERMIT" 1iND AMENDING CHAPTER 11. "GENERAL PROVISIONS & FEES" lTABLED 9117,[90): Mr. Hill, Public Safety Director, stated that he and the City Attorney have reviewed Chapter 605 and found it would be advisable to repeal this chapter and establish a new chapter. He stated that there is considerable confusion, not only in Fridley, but the State in qeneral, as to exactly what a bottle club permit is versus an intoxicatinq liquor club permit. He stated that the ordinance is rewritten in lanquage similar to what is permitted by the State, but will provide more stringent requlations and uniform regulations with other applicable City ordinances. Mr. Hill stated that a bottle club permit would be issued by the State, but the City could have more stringent regulations, charqe fees over what the State is charginq, and all local requlations would apply to the bottle club such as hours of sale, conditions for the permit, etc. Mr. Hill stated that there was a question raised at the last meetinq if it would be possible to issue a bottle club permit to a fast food establishment. He stated that in researchinq this question, this has been the case for several years throuqhout the State. He stated that this ordinance is more restrictive than the State statute in that it removes restaurants, hotels, and resorts and only if they already had an intoxicatinq liquor license, could they apply for a bottle club permit. Councilman Billings asked if all three of the requirements under Section 605.03 had to be met in order for a permit to be issued. Mr. Hill stated that No. 1 would be applicable and either No. 2 or No. 3. MOTION by Councilman Billinqs to waive the reading and approve the ordinance on first readinq. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 4. APPOINTMENT TO THE APPEALS COMMISSION: MOTION by Councilman Billings to table this item. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. ��IpL�Y CITY COIIrTCIL 1t$BTI�a OF OCTOBBR 1. 1990 PAGB 10 NEW BUSINESS: 7. �PPROVAL OF AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR OLD COUNTRY BUFFET IN HOLLY CENTER: Mr. Robertson, Community Development Director, stated that he has been workinq with Mr. Jerry Wenck and Mr. Gary Jackson regarding their proposal to amend the Comprehensive Siqn Plan for Holly Center. iie stated that the owners would like to amend the plan to mount a new sign on a stucco facia that would be constructed over the brick parapet wall in order to add the letters "Old Country Buffet" in 36-inch, individually illuminated red letters. Mr. Robertson stated that the Housinq & Redevelopment Authority reviewed this proposal and found it conformed to the Redevelopment Agreement and Plan. He stated that staff is recommending this amendment be approved subject to two stipulations which he outlined. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Housing & Redevelopment Authority and City staff to amend the Comprehensive Siqn Plan for Holly Center with the following stipulations: (1) Before the permit is issued, the applicant provide documented assurance from all other tenants of the center that they agree to the proposed siqnage with the understanding that the other tenants would not be able to place their signage on this particular wall; and (2) The dimensions of the sign "Old County Buffet" sign and existing signs must conform to the wall sign requirement (it cannot exceed fifteen times the square root of the length of the wall). Seconded by Councilman Schneider. Councilman Schneider questioned the signage and if it was felt that the additional verbiage "and existing siqns" should be added for clarification. Councilman Billinqs asked if someone were to build a one-story concrete building in the City and elevate the structure above the normal one story line to make it a continuance of their wal1, if they could install a siqn. He asked if this proposal is for the sole purpose of signaqe. Mr. Robertson stated that staff views it as wall signage. He stated that the ordinance says a roof sign is separate from a wall sign and believed there are different dimensions. Ms. Dacy, Planning Coordinator, stated that when staff inet with the petitioners, it was interpreted that this was part of the wall of the structure. She stated that they also viewed this as an improvement. She stated she could understand Councilman Billings analogy; however, if someone built a parapet wall only to install a wall sign would not be acceptable if it was above the roof line. � �� 1 � 1. : c • ��`i i' : ' ' _� T�� f � � UPON A VOICE VOTE TAKEN ON TiiE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 1__ Y �. � S� _ t.� . � � ��1�Y�`2.`_2_��l �� ' � • • i_ L_ � i_ � � i ' 1 1 � z 11� �i � • 4� ' h� 4�_� �+ : � 4�_� � • Y ' � � • �_s _ ! � s MOTION by Councilman Schneider to set the public hearinq on P.S. #90-05 for October 15, 1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. B. �S�ABLISH A PUBLIC HEARING FOR OCTOBER 15,1990, FOR A PRELIMINARY PLAT. P.S. �90-04, TARGET NORTHERN DISTRIBUTION CENTER 2ND ADDITION. BY TARGET STORES, INC.. TO ADD A 70 FOOT BY 1,100 FOOT STRIP OF PROPERTY TO TARGET' S EXISTING PROPERTY , WHICH IS NOW PART OF M.T. PROPERTIES' RAILROAD RIGHT-OF-WAY, GENERALLY LOCATED WEST OF HIGHWAY 65 AND SOUTH OF THE TARGET �10RTHERN DISTRIBUTION CENTER BUILDING: MOTION by Councilman Billings to set the public hearing on P.S. #90-04 for October 15, 1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. C. ESTABLISH A PUBLIC HEARING FOR OCTOBER 15.1990. FOR A REZONING. ZOA �90-05, BY AL SCHRADER, TO REZONE LOTS 7. 8. AND 9. BLOCK 1. CENTRAL VIEW MANOR FROM M-1. LIGHT INDUSTRIAL TO C-3. GENERAL SHOPPING, GENERALLY LOCATED AT 7355 HIGHWAY 65 N. E.. FOR THE CONSTRUCTION OF AN "AUTO MALL" AND A RESTAURANT : MOTION by Councilman Schneider to set the public hearing for this rezoning, ZOA �90-05 for October 15, 1990. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meetinq of September 12, 1990. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. ESTABLISH A PUBLIC HEARING FOR OCTOBER 15, 1990, TO DECLARED PORTIONS OF LOTS 1, 2, AND ALL OF LOT 3, BLOCK l, CENTRAL VIEW MANOR AS EXCESS PROPERTY: MOTION by Councilman Schneider to set the public hearing on this item for October 15, 1990. Seconded by Councilman Fitzpatrick. F�IDLEY CITY COIII�TCIL ltE$TI�T3 O� OCTOBBR 1. 1990 P!!Q$ 12 Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 7. APPROVAL OF AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR OLD COUNTRY BUFFET IN HOLLY CENTER: This item was considered.earlier in the meetinq after Item 4. 8. APPROVAL OF CONTRACT WITH HNTB FOR ENGINEERING SERVICES TO �OMPLETE THE REPAIR AND PAINTING OF THE .5 MG WATER TANK: Mr. Flora, Public Works Director, stated that three quotes were received from engineering consultinq firms for the repair, paintinq, and installation of an altitude valve for the .5 MG water tank. He stated that the highest quote was from AEC at $25,000 and SEH was the lowest at $7,370, but SEIi did not include any inspection fees. He stated that the quote from HNTB was for $15,350. Mr. Flora stated that he felt the comprehensive proposal received from HNTB will be the actual cost of the engineering project for plans, specifications, and inspection. He stated that the City has worked with them on past projects and is currently working with them on the 1.5 MG tower. He felt that because of the critical timeframe to complete this tank, he would recommend the City enter into a contract with HNTB for engineerinq services to complete the repair and paintinq of the .5 MG water tank. Mr. Flora stated that it is also recommended that the Council approve a supplemental appropriation of $15,350 to the 1990 Water Capital Improvement Budget. He stated that this action for the supplemental appropriation is shown as Item 9 on the agenda. MOTION by Councilman Schneider to authorize the City to enter into a contract with HNTB for the repair and paintinq of the .5 MG water tank. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVAL OF MOTION FOR A SUPPLEMENTAL APPROPRIATION TO THE 1990 WATER CAPITAL IMPROVEMENT FUND OF 515.350 FOR ENGINEERING SERVICES FOR REPAIR AND PAINTING OF THE .5 MG WATER TANK: MOTION by Councilwoman Jorgenson to approve a supplemental appropriation to the 1990 Water Capital Improvement Fund of $15,350 for engineering services for the repair and painting of the .5 MG water tank. Seconded by Councilman Fitzpatrick. Councilman Schneider confirmed that this is, basically, a supplemental appropriation for this year and a deduction from the 1991 budget. • � : •� �1=: , c • • ��:: • .. � • c: ' • • 4� �� • ' 4� • ' �!e Y!_ ' • � �l/ �l! • �. � • � i Mr. Hunt, Assistant to the City Manaqer, stated that although the agenda Btates approval of the 1991 budget of the North Metro Convention and Tourism Bureau, the action by the Council this eveninq is merely to receive the budget. Mr. Charles Cook, Executive Director of the North Metro Convention and Tourism Bureau, briefly reviewed the budget appropriations for a total budget of $377,949. He stated that one of the items that was a tremendous success in 1990 was a tabloid that was inserted in newspapers in the Dakotas, Wisconsin, Winnipeq, and Thunder Bay. He stated that this would be expanded in 1991. Mr. Cook stated that, normally, they would anticipate about an eight percent increase in revenue in 1991. He stated that, unfortunately, the economy is very sluggish so they are cautious and are qoing to take a"wait and see" attitude. He felt that the hospitality industry will be one of the first to feel the effects, if there is a short supply of gasoline. MOTION by Councilman Schneider to receive the 1991 budqet of the North Metro Convention and Tourism Bureau. Seconded by Councilwoman Jorgenson. Councilman Billings stated that it seems a number of organizations were trying to "raid" the North Metro Convention and Tourism Bureau's funding and asked if these organizations were successful. Mr. Cook stated that a 1983 law states the monies are for advertising and promotion. He stated that in the agreement with the National Sports Center, the Bureau does not pay them a set amount, but they pay as if the Bureau is biddinq for business. Co�ncilman Billings stated that he understands some of the Chambers of Commerce and the North Metro Mayors Association were looking for funding. Mr. Cook stated that the North Metro Mayors Association has backed off. He stated that they want to support the Chambers and now have an agreement that they will solicit business for them so it is a legal contract. Mayor Nee stated that he believes the Bureau has been doinq a very qood job and is impressed with their efforts. UPON A VOICE VOTE TAI�N ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. �RIDLBY CITY COQNCIL lIBBTI�G OF OCTOBBR 1. 1990 P�aB 15 15. INFORMAL STATUS REPORTS: Item No. 16 was considered before this item. 16. A�POINTMENTS: Mr. Flora, Public Works �Director, stated that Mr. Jim Saefke has been promoted to the position of Water Foreman replacinq Donald Carrigan who retired. He stated that there were over forty applicants for the position, and he is pleased that Mr. Saefke was selected. Mayor Nee stated that he was qlad the City was able to select a City employee for this promotion. Mr. Saefke indicated his pleasure with being accepted for this promotion and introduced his wife, Barb, who accompanied him to the Council meeting. MOTION by Councilman Fitzpatrick to concur with the followinq appointments by the City Manager: Starting ame Position ala James Saefke Rose Griep Water Foreman Exempt Crime Prev. Spec.II Exempt $2,982.45 per month $35,789.40 per year $1,924.18 per month $23,090.16 per year Starting a e OCt. 2, 1990 Oct. 15, 1990 Replaces Donald Carrigan Pamela Taschuk Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. INFORMAL STATUS REPORTS: EAST RIVER ROADfASIiTON ROAD CONSTRUCTION: Mr. Flora, Public Works Director, stated that in the 1970's, Anoka County hired BRW to study East River Road for a plan to develop that roadway from Fridley to Anoka. He stated that the County has been workinq on East River Road and had planned to complete the segment between Hartman Circle and Glen Creek Road next year. He stated that, due to lack of funds, this is on hold for 1992 and 1993. Mr. Flora stated that the Anoka County Highway Department prepared a preliminary survey of the roadway. He stated that, in that �RIDLEY CITY COII�TTCIL l[E$TINO OF OCTOHBR 1. 1990 PAa$ 16 process, a number of residents on East River Road raised concern about the extension of Ashton avenue and presented a petition November 15, 1990 to the Council indicating that they did not want to proceed with the extension of Ashton Avenue. He stated that in the BRW study for upgrading East River Road, it is envisioned that the Ashton Avenue right-of-way, which extends north from 71st to just beyond Logan Parkway, would provide a service road. He stated that the County is identifying the available right-of-way and incorporatinq plans for the extension of Ashton Avenue. Mr. Flora stated that once the Highway Department completes preliminary plans, a public hearinq will be conducted to obtain neiqhborhood comments. He stated that after the hearinq, plans would be revised to incorporate any chanqes and at that time, it would be appropriate to analyze the Ashton Avenue extension. He stated that, at this time, there aren't any explicit plans on the scope or cost. He stated that if the Council feels Ashton Avenue should not be extended, it would be the time to notify the County so they do not focus on this plan. Councilman Fitzpatrick stated that there is a petition in opposition to the proposed extension of Ashton Avenue. He stated the petitioners have been assured that before any action would be taken, there would be hearinqs. He stated that if the Council is opposed to this extension and does not intend to ever approve of it, time and money could be saved if this is stated now. He stated that his own position is that he does not support the construction of a service road, as persons living there do not want it. Mayor Nee asked if there would be an assessment on those properties for the improvement. Mr. Flora stated that the schematic shows a median installed that would block access to qo southbound and the use of Ashton Avenue extension to make movements north and south. He stated that if this was to be completed, he would expect the County to participate. He stated that, at this time, there are not any detailed drawings, and he did not know the County's participation. He stated that there is a riqht-of-way on East River Road and a considerable amount of space available to make the improvements. Councilman Fitzpatrick stated that the homes seem to be set quite far back from East River Road; however, any development of Ashton Avenue would take one hundred feet of that setback. He stated that this is one of the objections to the extension of Ashton Avenue as it would bring the service road very close to their homes. Mr. Flora stated that this is what is unknown at this point depending on how the improvement is planned. Councilman Fitzpatrick felt that even if there was a different pattern for the road and it is moved farther west, he doubted if there would be support of any kind for a service road. He stated FRIDLEY CITY COQNCIL 1[BBTING O! OCT088R 1. 1990 P�a$ 17 that the residents would also object to payinq for somethinq they did not want. Councilwoman Jorqenson felt that the Council had to look at the safety of everyone traveling East River Road. She stated that the County and State both encouraqed the City not to have so many accesses onto East River.Road to keep the traffic flowinq and for safety purposes. Councilman Fitzpatrick stated that the residents do realize that there is an easement; however, they would like to keep it the way it is now. MOTION by Councilman Billinqs to direct staff to use whatever power and influence the City may have for the County to cease any activities that would cause anyone to believe that Ashton Avenue would become a driven roadway. Seconded by Councilman Fitzpatrick. Councilwoman Jorgenson questioned if any actions should be taken since this is an informal status report. Mr. Herrick, City Attorney, stated that it would be against the Council's rules to consider an item that is not on the agenda for action. Mayor Nee stated that his understanding of the items under the Informal Status Reports is for information, rather than action. Councilman Fitzpatrick stated that staff could be instructed to bring back a resolution to this effect. Mayor Nee asked, as a matter of policy, if the Council wanted to take action on items under the Informal Status Reports. Councilwoman Jorgenson and Councilman Schneider stated that they would vote against taking any action. Councilman Schneider felt staff could be directed to bring an issue back for action. Mayor Nee ruled the above motion was out of order. MOTION by Councilman Fitzpatrick to instruct staff to investigate this item and bring back a resolution at a future Council meeting which would serve the same purpose to put an end to considering the extension of Ashton Avenue. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ZONING - ADULT BUSINESSES: Ms. Dacy, Planning Coordinator, stated that several alternatives have been discussed reqarding zoning for adult businesses. She stated that one alternative is that they would not be allowed FRIDLEY CITY COIINCIL KEBTINa OF OCTOH$R 1, 1990 PAQE 18 within 750 feet from a residential zoninq district, and the other alternative is that they would not be allowed within 500 feet. She stated that in either of these cases, they would also not be allowed within 1,000 feet of a school, park, or church. She stated that if the City considered the 750 foot alternative, 3 percent of the City's total area could be used for this type of business and with the 500 foot option, 4.35 percent of the City's total area could be used. She stated that she understands from the City Attorney that there have been previous court cases that an acceptable percentage would be 5 percent of a city's land area. Ms. Dacy reviewed some possible areas where these adult businesses might locate based on the above criteria. She stated that it is hoped a public hearing can be scheduled before the Planninq Commission in December on a proposed zoning ordinance. She stated that staff and the City Attorney�s office will work closely on how the uses are defined. She stated that the option of requiring a license will be evaluated to determine if the same procedure as obtaining a liquor license should be included. Councilman Schneider stated that he received a phone call from a former Fridley resident who now lives in Spring Lake Park. She asked that a copy of Fridley's proposed ordinance be sent to Spring Lake Park. Mr. Herrick stated that when the ordinance is in its final form, he would be happy to send a copy to the Sprinq Lake Park resident. Mr. Herrick stated that he met with the County Attorney and City Attorney for the City of Ramsey to discuss the possibility of a unified approach for the entire County in regulating these adult businesses. iie stated that there was also some discussion about the possibility of municipalities and the County entering into a joint powers agreement where they may agree to share the cost of prosecuting, if it became necessary. He stated that both ideas were well received by the County Attorney and a meeting will be called of the attorneys for the cities in the County. Mr. Herrick stated that there was further discussion that the County Attorney might have a specialist on his staff that would handle the prosecutions. He stated that, at this time, it may be a problem because he did not know if the staffing would be available. He stated that there was also some very preliminary discussion about the possibility of using the Grand Jury to determine whether various businesses were conducting an operation that was either pornographic or obscene. He stated that the County Attorney would qive this consideration, but did not know if it would be workable or not. Mr. Herrick stated that, at this time, he would sugqest that the City proceed on the zoning portion in an attempt to solve this problem and wait until a meeting is held with the other city u � • �� 1�, 1, ; t • �� • ' � • � s t : attorneys before decidinq what action to take on the obscenity ordinance that was drafted. Councilman Billinqs asked if staff had taken into consideration Sullivan Lake Park in Columbia Heiqhts in determininq possible locations for these businesses. Ms. Dacy stated that she did not realize there was a park in Columbia Heights that was located close to the southeast portion of Fridley. Councilman Billinqs stated that he did not want the City to move rapidly into an ordinance that would be difficult to defend in court. He stated that he was also concerned about includinq the area off of East River Road which is close to the County's park. He felt someone could arque that if such a business is not allowed within 1,000 of a City park, why would it be allowed any closer to a County park. Councilwoman Jorqenson asked if day care centers had been included in staff's review so that these adult businesses would have to be located a certain distance from a day care center. Ms. Dacy stated that staff has not looked at the day care center issue. Mr. Herriak felt that the only way to obtain at least the 5 percent ratio may be to further reduce the distances that the City would require. Councilman Schneider asked the time involved to refigure these distances. Ms. Dacy stated that it would probably take about four hours of staff time to refigure these distances. Councilman Schneider asked if there is any way to determine how much staff and legal time the city is spending on this issue. Mr. Pribyl, Finance Director, stated that an accountinq code could be assiqned so that any time spent on the issue is recorded under this code. Councilman Schneider felt it did not need to be that precise, but would like to know roughly how much time is being spent on this issue. Mayor Nee felt that if the objective was to provide 5 percent of the City's total area, it seems the distances will have to be reduced. $RIDLEY CITY COONCIL ILEBTINa OF OCTOB$R 1, 1990 PAa$ 20 Mr. Herrick stated that what he hears and understands is that the Council feels some additional work should be done on this issue. . � _L � Mr. Flora, Public Works Director, stated that he met with representatives of the Department of Natural Resources and members of the Rice Creek Watershed District regarding the condition of the Locke Lake dam. He stated that the DNR wants the City to drop the water level of Locke Lake as soon as possible. He stated that as a result of the meetinq, several actions were discussed which the City will attempt to do in the near future. He stated that he expects a letter from the DNR summarizinq the meeting and actions for the dam. Mr. Flora stated that the Rice Creek Watershed District Board of Managers has accepted the proposal for the improvements at Locke Lake and, hopefully, in January, the City will have a draft report with possible funding mechanisms. Councilwoman Jorgenson asked if they could start construction of the new dam in April. Mr. Flora stated when construction this could vary, several years. H� few weeks with a] established. that once the cost is determined, the issue of could begin would be addressed. He stated that depending on how it is funded, and it may be : stated that there will be a meeting in the next 1 of those concerned, and a task force will be MEETING OF RESIDENTS ON TROLLHAGEN DRIVE RE: STOP SIGNS: Mr. Burns, City Manager, stated that a petition was received in July for installation of two stop siqns on Trollhagen Drive. He stated that Councilman Billinqs requested a neighborhood crime watch meeting for the South Innsbruck area. He stated that at the meeting that was held on September 19, 1990, the stop sign issue was addressed. He stated that some residents wanted stops signs and speed bumps, and some felt the sight line should be improved at Trollhagen Drive and Matterhorn Drive. Mr. Burns stated that at the end of the meeting, a vote was taken on the issue of the stop signs and ten were in favor, fourteen were against, and nine abstained. He stated that in view of the split vote, staff would recommend that the stop signs not be installed on Trollhagen Drive. He stated that the City would, as an alternative, install caution signs on the curve and a speed limit sign. He stated that the homeowner who resides at Trollhagen Drive and Matterhorn Drive will cut back his bushes to provide a better sight line. Mr. Burns stated that the Police Department promises continued speed enforcement on Trollhagen Drive. � • �� I: : e • �la� • : • � � c : Councilman Schneider felt that a letter should be sent to the neighborhood reqardinq the results of the neighborhood meeting. Mr. Burns stated that he is not sure this requires a formal Council action. He stated that if there are no objections by the Council, the measures proposed by staff will suffice. He felt that, however, there should be some kind of response to the petition received for the installation of the stop siqns. Mr. Hill, Public Safety Director, stated that after a neiqhborhood crime watch meetinq, the Police Department will respond on what occurred at the meeting. He stated that based on the meeting, there would probably be a recommendation not to install the stop siqns. Mayor Nee felt that a letter could be prepared and brought to the Council for consideration. Councilman Billings stated that he believed when the Council receives a petition, the Council should reach a decision on what action should be taken. Councilman Schneider stated that a letter should be written to the petitioners. Mr. Herrick, City Attorney, stated that he did not think the placement of stop signs should be wholly determined by popular vote. He stated that there should be some consideration about whether there is a safety problem. He felt that there should be some report from the Police Department and Engineerinq Department indicating they bave reviewed the issue and, in their professional opinion, whether stop siqns should or should not be installed. Mr. Burns stated that the survey data of the Police Department was reviewed in regard to traffic counts and accident history. He stated that this data did not meet the Department of Transportation's quidelines far the placement of stop siqns. Mr. Herrick felt that the communication sent to the neighborhood should also mention this data. Mr. Burns stated that he did not mean to imply that this information was not taken into consideration. Mayor Nee asked that a letter be submitted for approval by the Council in response to this petition. FRIDLSY CITY COIINCIL 1LEBTINd OF OCTOB$R 1, 1990 PAaB Z2 17. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 34062 throuqh 34344. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I8. LICENSES: MOTION by Councilwoman Jorqenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 19. �STIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Bituminous Consulting � Contractinq 2456 Main Street Minneapolis, I�T 55434 Street Improvement Project No. ST 1990 - 3 FII�TlrL $STIMAT$ . . . . . . . . . . . . . . . $ 9, 806 . 08 Karlen Construction 901 - 125th Avenue N.E. Blaine, MN 55434 Flanery Park Shelter Project No. 206 FINAL 88TIISATS . . . . . . . . . . . . . . . $ 1, 588 . 82 Modern Heating & Air Conditioning, Inc. 2318 First Street N.E. Minneapolis, MN 55418 Range Ventilation FINAL $STII��tAT$ . . . . . . . . . . . . . . . $ 4, 275. 00 Herrick & Newman 205 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, l�T 55432 Services Rendered as City Attorney for the Month of September, i990 ......$ 3,228.00 � _ ��1 �I:; .c • �1 •: • � c: AEC Enqineers � Desiqners 511 - iith Avenue South Minneapolis, PIId 55415 Phase II - 3 MG Concrete Reservoir Repair Project No. 200 (Inspection Services) Partial Estimate . . . . . . . . . . . . . . $ 2,784.02 HNTB 6700 France Avenue South Suite 260 Minneapolis, 1+II� 55435 Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . . . $ 7,061.39 Western Waterproofing 2838 Stevens Avenue South Minneapolis, MN 55408 Phase II - 3 MG Concrete Reservoir Repair Project No. 200 Estimate No. 1 . . . . . . . . . . . . . . . $67, 478.50 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee asked if there was any other business. Councilman Billings asked if now would be the time to make his motion regarding Ashton Avenue. He requested that staff place an item on the agenda for November 5, 1990 to discuss the rules of the Council and agenda for all types of ineetings including conference and regular meetings. He stated that he did not think he has ever been involved in an organization where he cannot make a motion to do something, if it is not on the agenda. He stated that maybe the Council needs to revise the rules. Mayor Nee stated he has been applying the Roberts' Rules of Order as it relates to small groups. Councilman Billings stated that it may be that "Other Business" needs to be placed on the aqenda. Councilman Schneider felt that it would not be appropriate, for instance, to have an expenditure item under "Other Business". FRIDLEY CITY COIINCIL ME$TING OF OCTOBBR 1, 1990 PAG$ 24 Councilman Billinqs stated that is the reason he requested this issue be discussed. Mayor Nee stated that he has no problem in complying with any rules the Council adopts. He suggested lookinq at what rules other cities follow. ��1�`I•Iil C� ►1 v! �i�� MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 1, 1990 adjourned at 10:32 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: 1 CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on October 15, 1990 at 7:30 p.m. on the question of issuing an On-Sale Intoxicating Liquor License to the Moose Lodge for the property located at 8289 University Avenue Northeast. Anyone having an interest in this matter should make their interest known at this public hearing. Shirley A. Haapala City Clerk Publish: October 10, 1990 � � cinroF F�� DATE: TO: FROM: SUBJECT: C011/IMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM October 11, 1990 William Burns, City Manager � �F�� Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Public Hearing for a Registered Land Survey, P.S. #90-05, City of Fridley and Dan Sullivan The City Council established the public hearing for this plat at its October 1, 1990 meeting. The proposed registered land survey creates two tracts in the vicinity of 1161 Regis Lane N.E. The Planning Commission recommended approval of the proposed registered land survey. The purpose of the registered land survey is to clarify existing complicated metes and bounds descriptions in order that the Sullivan's Overlook plat can be recorded. The resolution approving the registered land survey is scheduled later in tonight's agenda. BD/dn M-90-730 � _ 2A � STAFF REPORT APPEALS DATE �� QF PLAIW�NNG CONNINSSIOM DATE � September l 2, 1990 F[ZIDLEY CITY COUVGL DATE : October I5, 1990 �Hpq BDJdn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION ITE DATA IZE ENSITY SENT ZONING ACENT LANO USES 8� ZONING �ARK DEDfCATION NALYSIS IFINANCtAL {MPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONNVG ENVIRONMENTAL �CONSIOERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION P.S. 4�90-OS City of Fridley and Dan Sullivan To plat a parcel into two tracts to rectify complicated legal descriptions. South of and adjacent to 1161 Regis Lane N.E., including the Regis Lane right-of-way. 80.46` deep by 665.36' long R-1, Single Family Dwelling R-1, Single Family Dwelling on E, S and W; North Park School on N. N/A N/A N/A Yes None Approval 2B Staff Report P.S. #90-05, Sullivan Page 2 Request The proposed Registered Land Survey subdivides a into two tracts which are currently described by descriptions. They are not proposed as building owned by the petitioner and Tract B is owned by Background 80' x 665' parcel metes and bounds lots. Tract A is the City. To the north of the subject property is 1161 Regis Lane N.E. In 1989, a plat request was reviewed to subdivide this property into two lots (Sullivan's Overlook). When the final plat was reviewed by the Anoka County Recorder's Office, it was determined that the plat could not be recorded due to a variety of reasons; one of which included the complicated metes and bounds legal descriptions affecting the title of this property. State law enables the County Recorder's Office to require a registered land survey in order to clarify descriptions and simplify the recording process. Anoka County, in this case, asked that a registered land survey be completed in order to clarify descriptions affecting the Sullivan Overlook plat and adjacent property. In fact, Tract A of the proposed RLS is part of the Sullivan Overlook plat. Tract B of the proposed RLS is now occupied by the Regis Lane roadbed and vacant property. The Sullivan Overlook plat was considered by the Planning Commission on May 17, 1989. The Planning Commission recommended approval with two stipulations: 1. There shall be no grading below the 952 foot contour on the northeast corner of Lot 2. 2. The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. The City Council conducted a public hearing on June 19, 1989, but did not approve or deny the plat. Analysis The City acquired the subject property from Maxwell Sullivan in early 1960's in order to construct Regis Lane. The City conveyed the property proposed as Tract A to the petitioner, Dan Sullivan, by quit claim deed in 1979. The title of the Sullivan Overlook plat is both abstract and torrens property. The legal descriptions which appear on the torrens side do not coincide with descriptions which appear in the abstract side. In order to record the plat, all legal descriptions must match. This has created title problems which the petitioner is trying to rectify. 2C Staff Report P.S. #90-05, Sullivan Page 3 The proposed RLS merely eliminates the existing metes and bounds descriptions and will enable the Sullivan Overlook plat to be recorded. The RLS will be recorded first, then the Sullivan Overlook plat will be recorded. Recommendation Staff recommends that the Planning Commission recommend approval of P.S. #90-05 to create a registered land survey on a portion of Lot 9, Auditor's Subdivision No. 25. Planninq Commission Action The Planning Commission unanimously recommended approval of the proposed registered land survey. Citv Council Recommendation Staff recommends that the City Council adopt the recommendation of fihe Planning Commission and approve the registered land survey as proposed. 2D CZTY Ot BitIDI.aY PI.7�lI�NINO CO1�Q�II88ION 1dE$TINa, BSPTEMBER 12, 1990 ; �►r.r.�..�ra►arar�.w..�.�.�►.r.�.r�r�w.�w..►��r.�..�..�.r.�.�ar�.wr�►.�.ar�r.�r.►�.�r.r�.�ww�rn.w.��.�. w��►.r.r.r.�..r.�.w..r.n..�r CALL TO ORDER: /= Chairperson Betzold called the September 12," 1990, Planning Commission meeting to order at 7:30 p.m. ' ROLL CALL: / Members Present: Don Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Paul Dahlberg, Larry Kuechle (for Diane Savage) Members Absent: Connie Modig ��, ,, Others Present: Barbara Dac ;�Planninq Coordinator Michele Mc�ierson, Planninq Assistant Nancy Suliivan, 1161 Reqis Lane N.E. Michael Schrader, Attorney - A.L.S. Properties Paul I�Toyes, Construction Consultant Mitc� & Delores DeMars, Park Plaza Mobile Court � 1130 Fireside Drive �P�il & Evelyn Bodick, Park Plaza Trailer Court yce Trebisovsky, Park Plaza Mobile Court � Dan Solarz, 5701 University Avenue N.E. Terry Swenson �' Doug Erickson, Fridley Focus MOTION �y Mr. Kondrick, seconded by Mr. Dahlberq, to approve the Augu�'22, 1990, Planning Commission minutes as written. ' A VOICE VOTE, ALL VOTINa 7i1Y8� CHAIRPERSON BETZOLD DECLARED MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A REGISTERED LAND SURV Y P.S. #90-05, BY DAN SULLIVAN• To create two tracts, Tract A and Tract 8, to simplify existing legal descriptions. The property included in the Registered Land Survey includes a portion of the Regis Lane road easement and a portion of the Sullivan property located at 1161 Reqis Lane. No new building lots are proposed to be created. The property is 665.36 feet lonq and 80 feet deep. The leqal description is as follows: that portion of Lot 9, Auditor's Subdivision No. 25, lyinq in the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 24, T-30, R-24. 2E IJ�►NNING COI�MI88ION l�EE NG E EMBER 1 90 a MOTIO�1 by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearinq notice and open the public hearing. IIPON !1 VOICE VOTE, ALL VOTING 11YE� CHAIRPER80N BETSOLD DECLARED THE MOTION CARRIED 11ND THE BIIBLIC HEARING OPEN AT 7:32 P.l+i. Ms. Dacy stated this property is located north of I-694 and is in the general vicinity of Regis Lane. The property contains a part of the Regis Lane road bed and abuts the property owned by the petitioner, Dan Sullivan. Ms. Dacy stated that in 1989, the plat request was considered by the Planning Commission to subdivide the Sullivan property into two lots. The first lot contained Mr. Sullivan's house, and the second lot was proposed as a building site. In attempting to record the plat at the County, the Anoka County Recorder's Office identified several legal description problems that affected the title of the property. The Recorder's Office has the ability to require a registered land survey in order to simplify a long metes and bounds description into a simpler description. With this proposed request, the registered land survey of 80 feet wide and 665.36 feet lonq, will be divided into two tracts, Tract A and Tract B. Tract A will become part of the Sullivan Overlook Plat. The registered land survey will be recorded first at the County, and then the proposed plat approved by the City last year will be recorded over it, so this triangular piece of property can be legally and properly recorded into the plat. Ms. Dacy stated the City acquired Tract B in the early 1960's from the Sullivan family. In 1979, the City conveyed this triangular piece of property back to Mr. Dan Sullivan by quit claim deed. The title of the Sullivan Overlook plat is both abstract and torrens property. The leqal descriptions which appear on the torrens side do not coincide with descriptions which appear on the abstract side. In order to record the plat, all leqal descriptions must match. Ms. Dacy stated staff is recommending approval of P.S. �90-05, to create a registered land survey on a portion of Lot 9, Auditor s Subdivision No. 25, with no stipulations. Ms. Nancy Sullivan stated she is representinq her husband, Dan Sullivan, who could not be at the meeting. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearinq. IIPON !i VOICE VOTE, I►LL VOTING AYE, CBAIRBERBON BETZOLD DECLARED THE MOTZON CARRIED �ND THE POBLIC HEARING CLOSED AT 7s40 P.�[. 2F LANNING COl�IIdI88ION MBSTING. SEPTElrIHER 12, 1990 AQ MOTION by Mr. Rondrick, seconded by Mr. Dahlberq, to recommend to City Council approval of a Registered Land Survey, P.S. �90-05, by Dan Sullivan, to create two tracts, Tract A and Tincluded in simplify existinq leqal descriptions. The property the Registered Land Survey includes a portion of the Reqis Lane road easement and a portion of the Sullivan property located at 1161 Reqis Lane. No new building lots are proposed to be created. The property is 665.36 feet lonq and 80 feet deep. The legal description is as follows: that portion of Lot 9, Auditor's Subdivision No. 25, lying in the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 24, T-30, R-24. IIPON A VOICE VOTB, lILL VOTIN�i AYE� C8llIRPER80N BBTZOLD DECLARBD THE MOTION CARRIED IINANIMOQBLY. Ms. Dacy stated that on October 1, 1990, City Council will establish a public hearing for October 15, 1990. It is anticipated that the plat will be approved at that same meetinq. 2. PUBLIC HEA.RING CONSIDERATION OF A PRELIMINARY PLAT� P•S• ___ ___-_____..._.... .,,,.*,.,�r �f1JT l�nT1TTT(1N_ Rl� TARG�T STORES INC.: To add a 70 ft. x 1,100 ft. strip of property to T get's existing property, which is now part of M.T. Pr erties' railroad right-of-way. The subject property 's legally described as a tract in the Southwest Quarter o Section 12, Township 30, Ranqe 24, Anoka County, Minneso , being a part of the Minnesota Transfer Railway right-of- y and being more particularly described as follows: Begin q at the southwest corner of Lot lA, Block 1, Target Northe Distribution Center Addition, according to the plat the of of record in said Anoka County, said point being o the west line of said Southwest Quarter o� Section 12 d on the northerly line of said Railway right-of-way; the e alonq said west line, being also in part an easterly 1' e of Lot 1, Block 1, of said Addition, South 0 degrees minutes 36 seconds West, assumed basis of bearings, a dis nce of 69.47 feet; thence South 89 degrees 18 minutes 16 conds East 261.75 feet to a point of curvature; thence alo g a curve, concave southerly and having a radius of 6777.04 feet and a central anqle of 7 deqrees 09 minutes 10 second , an arc distance of 846.05 feet to a point of nontanqency a line 30 feet westerly from and parallel to the westerl right-of-way of State Trunk Highway 65; thence along said foot parallel line North 0 degrees 27 minutes 02 second West 34.66 feet to the northerly line of said Minnesot Transfer Railway right-of-way; thence along said norther right-of-way line, being in part the southerly line of sa' Lot lA, and alonq a nontangential curve, concave sout erly and having a radius of 11,509.16 feet, a central an e of 5 degrees 31 minutes 12 seconds and a chord bearinq o North 84 degrees 46 minutes 24 seconds West, an arc istance of 1108.40 feet to the point of beqinninq. 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I, i � � : i 'I: � rr � . � ' � O ' .:� ;' i � � '�� I m :::, I '; I I i�'�''D?.. I 7' �� „ n P . S . 0�90-05 Dan Sullivan �= i� 1 i's�^ i ' �` ' _! fy �_ � �2. 3 � i2 y 3i� ' � �� 3 �z : _ - - � �� i 'i= x �;� s ��gs ;� :��; -_ � :: 3 - ; I:E: �' �=�" I � 33°�3 o�� - - �Y: ' �� .�3: �� ..��2` :� .-�� ; • �� '�5 � � u i� ` �! '. �' � � i � .�, � v� I 'J � I .� •-- .:� s t .'', .� ( �.. •r .a I -R :� I �+. I I . i � 7 I ..� ( �:1 :i ( •� I ..: =c �O ,� r s r : �� 3 :t C•� � �� .�' 9 M �i :s ,+ _ ; � .� �t , �� ►� : $�'� 1. I:� • 9 s �- .* ,o � � :.� � � s ��k � _ . � � P$ ( �� ° j '� �ir �i 3 � 0� ��L -4 S � O b]� � YI I I 1� _= �� 2J FINAL PLAT � � c�nroF F�� C011MIlUNIiY DEVELOPMENT DEPART'MENT' M EMO RAN D UM DATE: October 11, 1990 TO: William Burns, City Manager �� SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Public Hearing for Plat Request, P.S. #90-04, Target Northern Distribution Center 2nd Addition, by Dayton-Hudson Corporation Attached is the staff report for the above-referenced request. The City Council established October 15, 1990 as the date for the public hearing. Staff recommends that the City Council hold the public hearing. MMJdn M-90-721 3 - 3A � STAFF REPORT APPEALS DATE �� F PLANNING COMNINSSION DATE : septembe r 12 , 1990 FiZlDLEY CITY COUNC�L DAl'E : October �s, 1990 ��+ �= IREQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST I LOCATtON SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING ��$ PARK DEDICATION ' ANALYSIS FiNANCiAL 1MPLiCATiONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZON�IG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION P.S. �t90-04 Dayton-Hudson Corporation To split off a portion of M.T. Properties' property that is currently railroad right-of-way. Generally located at 71st Avenue and Highway 65 53,040 square feet; ].2176 acres N/A No zoning M-2, fleavy Industrial to the South, North, and Nort- west; M-1, Light Industrial to the Northeast; Locke Park to the Soutwest $.023 per square foot ($1,219•92) Yes Yes Approval with stipulations Approval with stipulations 3B Staff Report P.S. #90-04, Target Stores, Inc. Page 2 Request The Dayton Hudson Corporation is proposing to plat a portion of the M.T. Properties railroad right-of-way. The parcel is less than 2.5 acres and is described by a metes and bounds description. The parcel will be combined for tax purposes with the Target Northern Distribution Center plat and will be used to provide a parking area for trailers and trucks. Si e The parcel to be platted is generally located at the intersection of 71st Avenue and Highway 65. It is located between the PennzOil property and the Target Warehouse and lies north of the M.T. Preperties railroad tracks. There are high voltage power lines running along the south property line of the parcel, and the parcel is currently vacant. The parcel does not have a zoning designation at this time, but property to the north and south is zoned M-2, Heavy Industrial. Analysis As required by the subdivision ordinance, a parcel of less than 2.5 acres and described by a metes and bounds description is required to be platted by the property owner. The parcel is approximately 1.22 acres in area, and will be used by Target to provide parking for trailers and trucks in addition to providing access to several loading docks along the south portion of the warehouse building. The property is currently right-of-way for the M.T. Properties railroad, and therefore, currently does not have a zoning designation. The petitioner will have to process a rezoning application to rezone the parcel to M-2, Heavy Industrial. The parcel does not meet the minimum lot area of 1.5 acres, nor does it meet the minimum lot width requirement set forth in the M- 2 district regulations. The parcel must be legally combined with the adjacent platted parcels in order to avoid creating a separate parcel of record. The landscape plan for the Target warehouse expansion indicated that 70 lilacs and 30 Amur maples were to be planted along the south property line. These plant materials should be moved to the new property line. In addition, staff is recommending that Boston Ivy be planted along the fence to provide increased screening and buffering. The parking area will need to conform to the zoning code requirements. :�1� Staff Report P.S. #90-04, Target Stores, Inc. Page 3 Recommendation and Stipulations Staff recommends that the Planning Commission recommend approval of the plat to the City Council with the following stipulations: 1. A landscape plan which provides for screening and buffering of the adjacent park property and from Highway 65 shall be submitted for staff approval prior to construction of the parking area. Planting materials shall include 70 lilacs, 31 Amur Maple, and Boston ivy shall be planted 24" on center along the fence along the south property line. 2. The parking area shall conform to the zoning code requirements and shall be constructed such that the hardsuface shall be 5 feet from the south property line. 3. The pallets currently stored at the south side of the building shall be either relocated to another location on-site or shall be stacked not to exceed the height of the fence. 4. Slats shall be installed in the fence where landscaping does not screen the storage area. 5. The property shall be cleaned of construction debris and miscellaneous building materials. 6. A park fee of $.023 per square foot shall be paid by the petitioner prior to construction of the parking area. 7. This parcel shall be combined with the Target Northern Distribution properties. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council, with the stipulations presented by staff. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 3D OI�TION by Mr. Rondrick, seconded by Mr. Dahlber , to recommend to City Council approval of a Registered Land S ey, P.S. �90-05, by Dan Sullivan, to create two tracts, T ct A and Tract B, to simplify existing legal descriptions. The property included in the Registered Land Survey include a portion of the Reqis Lane road easement and a portion of e Sullivan property located at 1161 Reqis Lane. No new bufl q lots are proposed to be created. The property is 665.36 fe lonq and 80 feet deep. The legal description is as foll s: that portion of Lot 9, Auditor's Subdivision No. 25, 1 g in the Southwest Quarter of the Northwest Quarter of the Sou est Quarter of Section 24, T-30, R-24. IIPON !� VOZCE TE � 11LL VOTIN�i l�iYE � CB�iIRPER80N 8$TSOLD DECLl�RBD TH$ MOTION ZED IINANIMODBLY. Ms. D y stated that on October 1, 1990, City Council will est ish a public hearing for October 15, 1990. It is anticipated t the plat will be approved at that same meetinq. 2. PUBLIC HEARING CONSIDERATION OF A PRELIMINARY PLAT. P.S. "90-04, TARGET NORTHERN DISTRIBUTION CENTER 2ND ADDITION. BY TARGET STORES INC.: To add a 70 ft. x 1,100 ft. strip of property to Target's existing property, which is now part of M.T. Prcperties' railroad right-of-way. The subject property is legally described as a tract in the Southwest Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, beinq a part of the Minnesota Transfer Railway right-of-way and being more particularly described as follows: Beqinning at the southwest corner of Lot lA, Block l, Target Northern Distribution Center Addition, accordinq to the plat thereof of record in said Anoka County, said point beinq on the west line of said Southwest Quarter of Section 12 and on the northerly line of said Railway right-of-way; thence along said west line, beinq also in part an easterly line of Lot 1, Block l, of said Addition, South 0 degrees 40 minutes 36 seconds West, assumed basis of bearings, a distance of 69.47 feet; thence South 89 degrees 18 minutes 16 seconds East 261.75 feet to a point of curvature; thence along a curve, concave southerly and having a radius of 6777.04 feet and a central angle of 7 deqrees 09 minutes 10 seconds, an arc distance of 846.05 feet to a point of nontangency on a line 30 feet westerly from and parallel to the westerly right-of-way of State Trunk Highway 65; thence along said 30 foot parallel line North 0 degrees 27 minutes 02 seconds West 34.66 feet to the northerly line of said Minnesota Transfer Railway right-of-way; thence along said northerly right-of-way line, beinq in part the southerly line of said Lot lA, and along a nontangential curve, concave southerly and havinq a radius of 11,509.16 feet, a central angle of 5 degrees 31 minutes 12 seconds and a chord bearinq of North 84 deqrees 46 minutes 24 seconds West, an arc distance of 1108.40 feet to the point of beginninq. Generally 3E pI��1�'�dII�IG COIrII+lISSION I�EETI1�iG. BEPTSKBER iZ. �990 PJ►GE 4 located west of Highway 65 and south of the Target Northern Distribution Center Buildinq. OT ON by Mr. Kondrick, seconded by Ms. Sherek, to waive the readinq of the public hearing notice and open the public hearinq. �TPON A VOICE VOTE, ALL VOTZI�IG !►Y8, CSAIRPERSON HETSOLD DECLli►RED THE I�IOTION CARRZED ADTD THE POBLZC HElrRZ�iG OBEN AT 7 i 42 P.l�[. Ms. McPherson stated this property is a small area just to the south of the Target Warehouse facility and the Tarqet Northern Distribution Plat, lst Addition. The parcel is currently riqht- of-way for M.T. Properties Railroad and lies between the Target Warehouse and Pennzoil to the south. Ms. McPherson stated there are some hiqh voltage power lines that run within this right-of-way, and the parcel does not currently have a zoning desiqnation. The petitioner will need to file a rezoning application in order to change the zoninq from non- designated to M-2, Heavy Industrial. Ms. McPherson stated the area to be platted is less than 2 1/2 acres and is described by a metes and bounds description. Target intends to use this property to park trailers and trucks. This parcel would not meet the minimum lot area requirements set forth in the M-2 zoning district regulations; however, it is not intended to be used as a single parcel, but will be combined legally for tax purposes and functionally with the Target Warehouse expansion. Ms. McPherson stated the oriqinal warehouse expansion landscape plans called for 70 lilacs and 30 Amur maple trees to be planted along the south property line. Tarqet will be required to move these plant materials south along the new property line. In addition, staff is recommending Boston ivy be planted along the fence line to provide screening and buffering. Althouqh there is no park property directly south of this area, staff believes additional screening should be required. Ms. McPherson stated the parking area will need to be constructed to conform to the M-2 zoning district requirements. Ms. McPherson stated staff recommends the Planning Commission recommend approval of the preliminary plat, P.S. #90-04, with the followinq stipulations: 1. A landscape glan Which provides for screening and bufferinq of the adjacent park property and from Highway 65 shall be submitted for staff approval prior to construction of the parking area. Plantinq materials shall include 70 lilacs, 31 Amur Maple, and Boston ivy shall be planted 24 inches on center alonq the fence along the south property lines. Ms. Dacy several reviewed staff is approval 3F 'O1rIIdI88ION MEETINQ. 8$PTEMBSR 12. 1990 p��E � The parking area shall conform to the zoninq code requirements and shall be constructed such that the hard surface shall be 5 feet from the south property line. The pallets currently stored at the south side of the buildinq shall.be either relocated to another location on site or shall be stacked not to exceed the height of the fence. Slats shall be installed in the fence where landscaping does not screen the storaqe area. The property shall be cleaned of construction debris and miscellaneous building materials. A park fee of $.023 per square foot shall be paid by the petitioner prior to construction of the parkinq area. This parcel shall be combined with the Tarqet Northern Distribution properties. stated that Pat Dowd from Target had tried to reach her times durinq the day unsuccessfully. However, staff has these stipulations with Dick Brooks of Target. She stated comfortable with the Planninq Commission recommendinq in the petitioner's absence. OM TION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTIN(� liYB, CHAIRFER80N HETZOLD DECLARED THB MOTION CARRIED AND THB PIIBLIC HEARING CL08ED AT 7:50 P.M. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to recommend to City Council approval of Preliminary Plat, P.S. �90-04, Target Northern Distribution Center 2nd Addition, by Target Stores Inc., with the following stipulations: 1. A landscape plan which provides for screeninq and buffering of the adjacent park property and from Highway 65 shall be submitted for staff approval prior to construction of the parking area. Planting materials shall include 70 lilacs, 31 Amur Maple, and Boston ivy shall be planted 24 inches on center along the fence along the south property lines. 2. The parking area shall conform to the zoning code requirements and shall be constructed such that the hard surface shall be 5 feet from the south property line. gLANNZNG COl4�iIB8ZON ltEETING, BBPTEMHER 12, 1990 �!►G8 6 3. The pallets currently 6tored at the Bouth side of the buildinq r+hall be either relocated to another location on site or shall be etacked not to exceed the height of the fence. 4. 5. 6. 7. Slats shall be installed in the fence where landscaping does not screen the storaqe area. The property shall be cleaned of construction debris and miscellaneous building materials. A park fee of S•023 per square foot shall be paid by the petitioner prior to construction of the parking area. This parcel shall be combined with the Target Northern Distribution properties. OPON 71 VOICE VOTE, 11LL VOTIDTG 11YE, CH�►IRBER80N HETZOLD DECLARED THE I�IOTION Cl�RRZED IIN�IdIMODBLY. - 3. UBLIC HEARING• CONSIDERATION OF A REZONING. ZOA �90 fl�. BY 4. AL SCHRADER: % To rezone Lots 7, 8, and 9, Block 1, Central View 2�anor, from M-1, Light Industrial, to C-3, General Shoppin , qenerally located at 7355 Highway 65 N.E., for the cons ction of an "auto ma�l" and a restaurant. 0 �90-15 BY AL SCHRADER: Per Section 205.15.O1.C.(4) of the Fr' ley City Code to allow repair garages; per Section 205.15 l.C.(5) af the Fridley City Code to allow automobile rvice stations and motor vehicle fuel and oil dispen ng services; per Section 205.15.O1.C.(6) of the Frid y City Code to allow motor vehicle wash establishments• per Section 205.15.O1.D.(8) of the Fridley City Code to ow exterior storage of materials and equipment, all to be ocated in two buildings as an "auto mall" on Lots 1 throug 9, Block 1, Central View Maeneralld Lot 3, Block 1, Cent al View Manor 2nd Addition, g Y located at 7355 Hig ay 65 N.E. OT O by Mr. Dahlber , seconded by Mr. Saba, to open the public hearing for ZOA �90- 5 by A1 Schrader. IIPON 71 VOZCE VO ,]►LL VOTII�iG 1►YE, CBAIRPERSON BETZOLD DECLliRED THE I�iOTION C ED !►IdD THE PIIBLIC HEl�RZNG OPEl� !�T 7:52 B.l�[. o+t TION by hearinq f IIPON I1 THE l;0� �Sherek, seconded by Mr. Dahlberq, to open the public SP �90-15 by A1 Schrader. :B VOTE, 71LL YOTIIdG ]1YE, CHAIRPERSON BETSOLD DECL�iRED C!lRRIED 11ND THE PIIBLIC HEARING OPEN ]�T 7 s 53 P. M. 3G r. i/� cowN[� O J E�. ,U l 32 � ; � =: -..� _ t_ , , ' —�3-Re-- _ --,..z— - ►�. _ � �------ � � ;:.» ;::- �:-- _ � � � �., c a , r.., �o .. `:� . � „�. �� , \ ` ti �, O 1 � -� Z h ... � � ,• {' � • '' �f � ; � �j : �a� .} ( • n '�i• :� � '' r QV �, �N � i �� , . a --,n Q�. i � };— V Q � � v� ssaii � � � \� 0.i4r i � 1 �` ` _ A �`� :`�I e. 0 �� ., � ,—�, I , , ,.,. � - ��— � - - = o , ' � N S S S (�a��/ � i ` �`� � _t � . O x ' ' \ �/ ' �� ,�...� � 2 , �� w` rri 2 i�i� o � � M \ � � e<., a.�u r ' C � \ � � -� --- -- - -�.��. � .... Q � ,u W k .o...... ,...., o i ' ,,, ,e... ro..... � LOCA'! � � ._ � � � � ' Pork i N ; � [q. .� rw�Olt. � I.. � � — •' / ti+rs xn. � / �• \ , ► I 1 P.S. 4i90-04 Target Northern Distribution 2nd S //2 C/TY 31 ��r 3_H SEC. of � wrrs . ..aa�� r " __ / � ' ' r - ' _ _ ' _ �� ' . aR � 7 . _ _ - .. i� r.,. ... • �.• i . N �.... .. .. � , .. �. . r. ' 34 ,�., � .. �.n �I�' � "�o 13 LOCATION MAP � P . S . �� 90-04 Target Northern _. . .. .,_ 31 � ��b .e.�- I�a��,.�1 ' Z�NING MAP I� z U H 0 a •1 � W � Z S3: u � O � � � • � � � � � o � 7_ C[ W � N � 0 z R ►- a J � � 0 r .� � ___ ..�.►.r.r.r� � ,/ r tir r.��w �rrt aortt t � yuw rHwsi i� t y { I , j � f 1 � ,1 � •! y � l . a � Y � Y s � S � � .� � : .� � t `' � 1 � '' ! :-. i _ j- � e `' f: I . . , : �: ' j. :i � � : �► ` , : !{ �u. 1 �' � � � I � � ' � � 4; � � �� ' � �� °; • � _� I, , �� i ; � I.� � r 0 I P . S . 4� 90-04 Target Northern Distribution 2nd i� ��c� ��f �� N �� t � � � � � �� 3 f� '' f a � � � � �� s- _�� :�� r- a�, }. t �_� �� • � s=.� �:€� ft� � �� tis � � I' � � _ --� � � ; I � � � 3J SITE PLAN � � cinroF F�� DATE: TO: C01VlMUNITY DEVELtJPMENT DEPARTMENT M EMO RAN D UM October 11, 1990 William Burns, City Manager�.'�� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Public Hearing for Rezoning Request, ZOA #90- 05, by A1 Schrader Attached is the staff report for the above-referenced request. The City Council established October 15, 1990 as the date for the public hearing. Staff recommends that the City Council hold the public hearing. An ordinance approving the rezoning has been scheduled for first reading later in the agenda. MM/dn M-90-723 n � _ 4A � STAFF REPORT APPEALS DATE ��F' pLq{V�NNG CQMNNSSION DATE : september 12, 1990 FRlDLEY Ci� ��i 1- �A� : October 15 ,] 990 AuTHOR MM%dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SiZE DENSITY PRESENT ZONING AD.lACENT LAND USES 8� ZONING UTLIT�S PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS ' CONFORMANCE TO COMPREHENSNE PLAN COMPAT�IUTY WRH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS � ------------------ STAFF RECOMMENDATION APPEALS RECOMMENOATION PLANNiNG COMM{SSION RECOMMENDATION ZOA ��90-05 A1 Schrader To rezone Lots 7, 8, and 9, Block 1, Central View Manor 7355 Highway 65 N.E. 36,000 square feet M-1, Light Industrial R-4, Mobile Home Park to the north; M-1, Light Industr to the east and south; Highway 65 to the west Yes Yes Approval with stipulations Approval with stipulations 1 . - Staff Report ZOA #90-05, A1 Schrader Page 2 Rectuest The petitioner, A1 Schrader, is requesting that Lots 7, 8, and 9, Block 1, Central View Manor be rezoned from M-1, Light Industrial, to C-3, General Shopping: The petitioner has also applied for a special use permit to allow automotive uses and exterior storage on these and adjacent lots. Site The three lots are located north of 73 1/2 Avenue and west of and adjacent to Central Auto Parts. The lots are currently vacant, and vegetated with "scrub" materials. The parcels to the east and south are zoned M-1, Light Industrial. Parcels to the west and north are currently zoned C-3, General Shopping. Analysis The lots were zoned M-1, Light Industrial in 1979 at the request of two petitioners who were interested in constructing a contracting business. The City approved the rezoning, but the business was never constructed. The present petitioner intends to add these lots to the adjacent lots to the north and west. Rezoning the lots would be consistent with the adjacent land use to the west and south; the Rapid Oil site is zoned commercial, as is the City Sports parcel. The Super America parcel, while not zoned commercial, is more of a commercial than an industrial use. The Central Avenue Corridor study in 1989 recommended that the parcels along Highway 65 which are currently zoned M-1, Light Industrial, be rezoned to one of the three commercial zoning designations. This recommendation was based on the current land uses on these parcels, the lot sizes, and the location of these parcels along Highway 65. Recommendation and Stipulations As the rezoning request is consistent with adjacent zoning and land uses, as well as the recommendations of the Central Avenue Corridor study, staff recommends that the Planning Commission recommend approval of the rezoning request, ZOA #90-05, with the following stipulations: 1. The parcels shall be combined for tax purposes. 2. The special use permit request, SP #90-15, shall be approved. 4C Staff Report ZOA #90-05, A1 Schrader Page 3 Planning Commission Action The Planning Commission voted unanimously to recommend approval of the rezoning request to the City Council with the stipulations presented by staff. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action and approve the rezoning request. 4D 3. The pallets currently building shall be eit on site or shall be sj the fence. / � at the south side of the relocated to another location ad not to exceed the height of 4. Slats shall be nstalled in the fence where landscaping does not scr n the storage area. 5. The prop y shall be cleaned of construction debris and misce aneous building materials. 6. A ark fee of $.023 per square foot shall be paid by the etitioner prior to construction of the parking area. This parcel shall be combined with the Target Northern Distribution properties. jYPON A VOICE VOTE, 7►LL VOTING 11YE, CBAIRPERSON HETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. 3. PUBLIC HEARING: CONSIDERATION OF A REZONING ZOA 90-05 AL SCHRADER: To rezone Lots 7, 8, and 9, Block 1, Central View Manor, from M-1, Light Industrial, to C-3, General Shopping, generally located at 7355 Highway 65 N.E., for the construction of an "auto mall" and a restaurant. 4. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP #90-15 BY AL SCHRADER: Per Section 205.15.01.C.(4) of the Fridley City Code to allow repair garages; per Section 205.15.O1.C.(5) of the Fridley City Code to allow automobile service stations and motor vehicle fuel and oil dispensing services; per Section 205.15.01.C.(6) of the Fridley City Code to allow motor vehicle wash establishments; per Section 205.15.O1.D.(8) of th� Fridley City Code to allow exterior storage of materials and equipment, all to be located in two buildinqs as an "auto mall" on Lots 1 through 9, Block 1, Central View Manor, and Lot 3, Block 1, Central View Manor 2nd Addition, generally located at 7355 Highway 65 N.E. O�! TION by Mr. Dahlberg, seconded by Mr. Saba, to open the public hearing for ZOA #90-05 by A1 Schrader. IIPON A VOICE VOTE, l�LL VOTING AYE, CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PQBLIC HEARING OPEN AT 7:52 P.M. MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to open the public hearing for SP �90-15 by A1 Schrader. ZJPON A VOZCE VOTE, l�LL VOTING l�YE � CBAIRPERSON BETZOLD DECLARED T8E MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:53 P.M. 4E pLANNZN(i COI�ISSION MEETING, 88PTE E 1. 1990 p�►GB � Rezoning ReQUest ZOA �k90-95 Ms. McPherson stated the parcels are directly adjacent to 73 1/2 Avenue and the Central Auto Parts facility on 73 1/2 Avenue. The property is vacant at the present time. There is some "scrub" vegetation and some asphalt paving from prior uses on the property. Ms. McPherson stated these lots are currently zoned M-1, Light Industrial. The parcels to the east and south are zoned M-1, Liqht Zndustrial, while parcels to the north and west are zoned C-3, General Shopping. Lots 7, 8, and 9 were zoned M-1 in 1979 at the request of two petitioners interested in constructinq a contractinq business. The rezoninq was approved; however, the business was never constructed. Ms. McPherson stated the petitioner intends to combine the three lots with the adjacent parcels to the north and west in order to construct three buildinqs, two for an auto mall facility, and one for a restaurant facility. Rezoning these lots would be consistent with the adj acent zoning and adj acent land uses to the west and south. The Rapid Oil at the intersection of 73rd Avenue/Highway 65 is zoned commercial, as is City Sports just two blocks south of the Rapid Oil site. In addition, SuperAmerica, while not zoned commercial, is more a commercial/retail than industrial use. Ms. McPherson stated that the Central Avenue Corridor study done in 1989 recommended that the parcels along Highway 65, which are currently zoned M-1, be rezoned to one of the three commercial zoning designations. Ms. McPherson stated that since the rezoning request is consistent with the adjacent zoning and land uses, as well as the recommendations of the Central Avenue Corridor study, staff recommends the Planning Commission recommend approval of rezoninq request, ZOA #90-05, with the followinq stipulations: 1. The parcels shall be combined for tax purposes. 2. The special use permit, SP #90-15, shall be approved. Special Use Permit Reauest Ms. McPherson stated the special use permit request is for the same three lots, Lots 7, 8, and 9, and the garcels directly to the north and west of the site. The special use permit is to allow automotive uses on this site. Those uses include car washes, auto repair, auto body repair, and exterior storage. The City Attorney has determined that a car rental facility would require a separate and second special use permit in order to determine the impact of the parking and siqnaqe of the rental facility on this particular site. pLANNING COIrII�I88ZO1Q MESTINa. 8$PTEMBER 12. 1990 p�QE 8 Ms. McPherson stated this property is vacant and is zoned C-3 and M-1. Located directly to the north is a mobile home park. This parcel is zoned R-4, Mobile Home Park, and is residential in character. In addition, Tam's Rice Bowl, is located to the north of this site and is zoned C-3, General Shopping. Ms. McPherson stated the City currently owns a portion of the property in question, Lots 1, 2, and 3, Block 1, Central View Manor, the three western-most lots adjacent to 73 1/2 Avenue. These were acquired by the City as tax forfeit property. Lot 1 is currently being used as riqht-of-way for the service road. The petitioner has asked the City to sell Lots 2 and 3 to him in order to create a large enough parcel for this development. Ms. McPherson stated this property has had a number of special use permits for a variety of different uses. In 1974-75, a special use permit was issued to allow the sale of used cars. In 1975, a special use penait was issued to allow the same of trailer homes. Ms. McPherson stated that one of the larger issues concerning the site is that the proposed auto mall and restaurant will increase traffic in the area. Currently, there is access to Hiqhway 65 both at 73rd Avenue and 73 1/2 Avenue. In 1987, Rapid Oil requested that the City vacate 73 1/2 Avenue. This would allow Rapid Oil to have a larger parcel. The City Council tabled the request indefinitely. Ms. McPherson stated l�t/DOT has indicated that in 1992 when they upgrade the �3rd Avenue intersection, they will be closing the median crossing at 73 1/2 Avenue. This would be appropriate as it would still allow a riqht-in, right-out access at the 73 1/2 Avenue entrance to this particular neighborhood and would eliminate a dangerous crossover. Ms. :�S�Pherson stated the 73 1/2 Avenue right-of-way should not be vacated until such a time at which the Viron Road service road can be extended past the trailer court. Closing the 73 1/2 Avenue access would cause traffic to back up in both east and west directions at 73 Avenue. Over a period of years, the City has tried to acquire right-of-way to construct the Viron Road e�ctension and has been unsuccessful. The City has asked the petitioner to work with the owners of the mobile home court in order to acquire the additional riqht-of-way needed, and the petitioner has also been unsuccessful. Ms. McPherson stated the traffic generated by the proposed project will increase the general traffic in the area. The petitioner has completed a traffic study of the area. The study indicated that the ADT (average daily trips) generated by the project would be 2,349. One-half of those trips are considered into the site and 1/2 are considered out of the site. The qreatest impact will be 4F 4G pLANNIN(; C01�II+IISSION lSBSTING. SEPTEMB$R 12 . 1990 PAGB _9 felt during the evening peak hour times between 4:15 - 5:15 p.m. The study determined that 201 trips wculd be into the site in the eveninq and 207 trips would be out of the site in the evening. The study also indicated that 73 1/2 Avenue access should remain open as it helps reduce congestion at the 73rd Avenue intersection. It was noted by the traffic consultant that a shoppinq center is a permitted use in the C-3�district and that a shoppinq center would generate about the same traffic durinq the peak hours and more traffic during off-peak hours. Ms. McPherson stated the current riqht-of-way for the frontaqe road is 40 feet; and a 10 foot street easement should be qranted to the City in order to obtain the proper right-of-way for the Viron Road project. Ms. McPherson stated the petitioner has submitted a site plan which meets all the code requirements in reqard to parkinq and setbacks. The landscape plan will require some minor adjustments. The petitioner is required to submit an irrigation plan and will be required to fulfill the requirements of the Rice Creek Watershed District regarding grading and drainage on and from the site. Ms. McPherson stated that wifih automotive uses, staff must ensure a minimum impact to the residential neiqhborhood from odor emissions and hazardous waste. The proposed tenants will need to follow the guidelines set by the Environmental Protection Agency regarding odor emissions from painting and auto body repair facilities. Ms. McPherson stated staff recommends the Planninq Commission recommend approval of the special use permit, SP #90-15, with the following stipulations: 1. The rezoning request, ZOA �90-15, shall be approved. 2. The petitioner shall submit grading and drainage plans of calculations approved by the Rice Creek Watershed District prior to issuance of the building permit. 3. The petitioner shall submit a revised landscape plan prior to the issuance of a buildinq permit indicatinq the following changes: a. b. The berm at the intersection of 73 1/2 Avenue and Viron Road shall be reduced. Six additional Linden trees shall be added somewhere on the site. c. The wood screening fence alonq the north property line is currently unnecessary. However, the petitioner shall install a screeninq fence along 4H •�,� � •,�_ . ��-- � :� -Y: _ ., . 4. 5. 6. 'the north property line if the existinq fence should, for some reason, be removed or damaged. The petitioner shall submit an frriqation plan prior to the issuance of a buildinq permit. The petitioner shall dedicate a 10 foot easement parallel to the east right-of-way line of Viron Road to the City. The petitioner shall combine the lots for tax purposes. 7. There shall be no exterior storaqe of junk vehicles, tires, or trailers. Vehicles waiting to be serviced shall be allowed to be stored overnight, provided they are currently licensed and street operable. 8. Auto body repair and paintinq tenants shall comply with EPA regulations to control odor emissions and hazardous materials. 9. There shall be no repair of automobiles after the hour of 9:00 p.m. - 10. 11. Rooftop equipment shal� be screened. The petitioner shall submit a comprehensive sign plan for City Council approval. 12. Tenants which contribute to odor emissions shall be located along the east side of the eastern-most building on the site. 13. 14. 15. The petitioner shall apply for a special use permit for any auto rental tenants. A park fee of $.023 per square foot shall be paid at the time of buildinq permit. The petitioner shall work with NIId/D�T to stripe a right turn lane to 73 1/2 Avenue on Highway 65. Mr. Mike Schrader stated he is representing the petitioner, A1 Schrader. He stated also with him is Paul Noyes, Construction Consultant. Mr. Schrader stated that, as stated by staff, this property was previously a used car lot, then purchased by the petitioner and was used as a retail mobile home site for a number of years. The property has now been vacant for 2-3 years. During that period of time, a number of reviews of the land vere done to determine the highest and best use for the land. They also did some demoqraphic studies. They came to the conclusion that they wanted a mixed 41 LANNINa COMMI88ION 1rIE$TINa. BBPTEM88R 12. 1990 PAQE il retail site and an auto mall was suggested. They reviewed a number of auto malls in town and decided they wanted to combine some old ideas with new ideas. The new idea being the restaurant and the confiquration of the buildinq materials. Mr. Schrader stated this property is in a redevelopment area for tax increment financinq. He appeared before the HRA in an effort to obtain tax increment financing; however, upon meetinq with City Council members, the Council felt it was in the petitioner's best interest to not seek tax increment financinq. They have not done so. Mr. Schrader stated the site would have 26, 300 sq. ft. of auto mall and 4,000 sq. ft. free-standinq restaurant. There would be three buildings. Tenants they have under letter of credit for the auto mall make up 15,700 sq. ft., approximately 60$ of the mall. They have Good Year, Mr. Clutch, an auto parts store, an auto qlass repair, and an auto rental facility. Country Hospitality, a franchise of the Country Kitchen qroup, will have a full service restaurant. Mr. Schrader stated they have no objections to the stipulations recommended by staff. Mr. Kondrick asked about the availability of parking if an auto leasinq facility is allowed as a tenant. Mr. Schrader stated that if a tenant was leasinq autos out of the site, there would not be enough parking. If an auto leasing facility is put into the mall, it would be an office only. The automobiles for lease would be kept off site. The restaurant and the other uses in the mall meet the parkinq requirements. Ms. Dacy stated the standards staff advised the petitioner to use was the 1- 150 sq. ft. which is very conservative and, if an auto mall was to not operate any more and a retail use went in, there would be adequate parking space. Staff also consulted an Urban Land Institute document regarding parking requirements for auto malls. Given that auto malls are a recent production of the automotive markets, a lot of zoning ordinances do not specify ratios. She believed the auto mall will generate a little lower parkinq demand than retail because the peak hours are morning and afternoon and there are not as many daily trips. Mr. Saba asked about the possibility of a body repair shop or an auto painting facility. Mr. Schrader stated there is a good possibility that they will have an automotive collision repair or paintinq center in the mall. They have discussed the issues regarding keepinq the odors to level of the code and protectinq the neiqhboring residents, and they will 4J pI.AIdpI1dG COl�II�iI88ION I�IL'ETINa. BEPTE�F=°• 12. 1940 Pl1GE _1� put these facilities in the easterly buildinq. The buildings will be built to the specifications for these types of facilities. Mr. Saba asked about the exterior storaqe of damaqed vehicles. Mr. Schrader stated they do not intend to store any collision vehicles. On occasion, it might happen, but they do not believe there will be a•siqnificant amount of overnight storaqe of damaged vehicles. They have discussed makinq sure they have enouqh square footage of storaqe inside as well as outside for partially damaged and collision vehicles. They do not want to be an eyesore. Mr. Paul Noyes stated they will not be dealing with badly damaged cars. Any damaqed cars will be parked along the east side of the property, and those cars would not be seen by anyone drivinq by. Mr. Mitch DeMars, 1130 Fireside Drive, an owner of the Park Plaza Mobile Home Court, asked about the dirt beinq hauled onto the site. Ss there any chance of contamination in the soil? Mr. Schrader stated they received a permit to bring the soil into the site. He has a contract with the excavator who brought in the soil that there are no contaminants in the soil. Mr. DeMars asked about noise emission from the repair of cars. Mr. Noyes stated most collision centers close at 4:30 p.m.: however, they cannot limit the business to close at that hour. Every business will be closed, other than the restaurant, at 9:00 p.m. Mr. DeMars stated that noise emission and smells are the biggest concerns of the residents of Park Plaza Mobile Home Court. Mr. Schrader stated the mall has been designed so thad ors facinq in ci�ors are all inside the square of the mall. Any north are drive-through doors. Hcpefully, these doors will only be used as an exit function. They cannot govern the hours of operation beyond the limitation of the special use permit which is 9:00 p.m.; however, in their review of other auto malls, most malls operate during regular business hours. Mr. Schrader stated they have tried to keep any uses that will emit odors on the east side of the property away from the residents of the mobile home court and the restaurant. Mr. Noyes stated that with the new code requirements which filter out odors, he did not believe odor would be a problem. Mr. Betzold stated there is a stipulation restrictinq the closinq hour of a repair business to 9:00 p.m. Do they want to restrict the startinq time? 4K pLANNING CO I88ZON MEBTINa. 68PT8MHBR 12. 1990 PAG� � Ms. Dacy stated the Planning Commission could certainly do that. Mr. Betzold sugqested no repair of automobiles before the hour of 7:00 a.m. Mr. Schrader stated he thouqht 6:30-7:00 a.m. would be reasonable. Mr. Betzold suggested another stipulation that the special use permit be reviewed in one year. Mr. Betzold also reassured the owners of the Park Plaza Mobile Home Court that he did not see the City doinq anything to extend Viron Road at this time because of the City Council's policy to not displace existinq families or condemn property. Mr. Paul Bodick, 748 Onondaqa Street, stated he has lived at this address for 14 years. He stated he has a beautiful back yard. He is very concerned about the noise. A repair business is allowed to be open until 9:00 p.m. He did not want to be out in his back yard in the evening and hear pounding noise. And, it will be difficult for people to sleep in the morninq and on weekends. There will be additional traffic and noise. Mr. Noyes stated the only business on the north side near the residents will be an auto qlass repair business. The collision shop will be on the east side by the junkyard. Again, he did not think noise will be a problem. Mr. Bodick stated any time they have their windows open, they will hear noise. They can hear people talking and smell gas from the SuperAmerica Station on 73rd/University Avenue. Mr. Schrader stated this property is zoned C-3, General Shopping, and any business put on that property within that zoning is going to generate a certain amount of noise and odors. The property has either been vacant or been a retail mobile home site or a used car site for a number of years, and it has been a quiet area. However, the auto mall is within the uses allowed in the C-3 zoning. He stated they are sensitive to the neighbors concerns and that is why they designed the mall the way they did. He stated he would be willing to have a one year review. Mr. Bodick stated that if this special use permit is approved and the auto mall is built, if there is a lot of noise, the neighbors in this area will certainly complain to the City. Ms. Delores DeMars, an owner of the Park Plaza Mobile Home Court, stated it was her understandinq that the restaurant would be open 24 hours, and there would be a bar. She had concerns about the late hours and the servinq of liquor. QL pl��►�"dltda C01'�ISBZOI�i 1+IBE INQ, 68PTEMBER 1 0 Mr. Schrader stated the restaurant will be Country Hospitality, a family restaurant. In the planninq staqe, a pub was reviewed and decided aqainst, so there will not be any "bar". However, the restaurant would like to be able to serve beer and wine with the meals. At this time, he did not believe the restaurant would be open 24 hours. It will probably close at the standard closing time of 1:00 a.m. Ms. DeMars stated there are several retirees in the mobile home • court who have lived there 8- 25 years. These people are used to privacy and somewhat quiet so this will be a qreat chanqe for them. Will there be trees and any kind of noise barrier? Mr. Schrader stated the elevations are different and the mobile home court is a little hiqher than the auto mall site so that will be a natural barrier. There is also the existing fence. He stated the petitioner is mindful of mobile home park residents as he the owner of several mobile home parks and houses, and he wants to do what he can to promote mobile home livinq in the City of Fridley. Ms. Evelyn Bodick, 1138 Onondaga, stated that garages that repair cars put hoses through the garage doors to vent the exhaust fumes. Will they have to put up with exhaust fumes? Mr. Schrader stated that the latest and hiqhest level of technology will be incorporated into this auto mall. He believed all the emissions will be through the roof. Ms. Bodick stated the emissions will still be coming into the air. Their bedroom is right next to this property, and they qet the gasoline fumes from SuperP,merica. They can even hear people talking at SuperAmerica in the middle of the night. This is really a disturbance. Mr. Noyes stated that regarding gasoline emissions, they will not have that with collision repair. Even if one car is started every one-half hour, it is still minimal compared to 80,000 cars a day traveling on Hiqhway 65. And, there will be no repair at niqht after 9:00 p.m. Ms. Joyce Trebisovsky, stated she is one of the owners of the Park Plaza Mobile Home Court. She stated that Mr. Schrader had said that one of the tenants will be Good Year. She stated that she does business with Good Year. Good Year is open until 9:00 p.m., and they keep their doors open all the time. She is totally concerned about the clean air. There is a lot of traffic in the area already. The cars are totally backed up, especially at 4:00- 4:30 p.m. Ms. Trebisovsky stated she did not understand how the City can allow acetone which is used to spray paint cars. She is friqhtened because she knows what damage chemicals can do. She stated there 4M PLANNINa CO1rIIdI88ION MEETINa. BBPTEMBSR 12. 1990 P�GE 15 is the junk yard on the east and that is where all the emissions are supposed to qo. If the emissions are released out of the roof, they still qo into the air and over the trailer court roofs. She stated she knows the City needs the tax money, but not at the expense of our lunqs. Ms. Trebisovsky stated the Commission has suqgested reviewinq the special use permit in one year which sounds like they are goinq to approve it. She could understand proqress, but she did not think this development is reasonable in this area next to residential. MO by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing for ZOA #90-05 and SP �90-15 by A1 Schrader. �PON !1 VOICE VOTE� ALL VOTIN(� AYE� CHAIRPERSON HETZOLD DFCL•ARRD THE MOTION CARRI$D AND TH8 PUHLIC HEARINGB CLOSED AT 9s05 P.M. Ms. Sherek stated she is really concerned about a collision center/auto body repair shop in the auto mall. They just got an illegal auto body repair shop removed from 73rd Avenue, and the emissions were horrendous. She realized that most of this property is zoned C-3, but there is residential property right next to it, and she thought a collision center is an awful idea. Ms. Dacy stated that one of the four special use permits the petitioner is requestinq is for repair garages. It is within the Commission's purview to specify what uses are permitted and what are not permitted. Mr. Betzold asked Mr. Schrader what he thought of a possible stipulation to not permit auto repair shops as a special use. Mr. Schrader stated th3t when the City limits its sphere of potential tenants, it limits their ability to overall lease the mall. They have met with several reputable collision centers in the metropolitan area, and they do not think it would be appropriate for the CIty to limit their ability to lease this potential site. They do not have a signed lease with a collision center at this time; however, collision centers are larger and would take up a considerable amount of square footaqe. By not allowing them to lease a collision center, the City would be hamperinq their ability to make a financially viable mall. It is a limitation they would have a hard time living with. Mr. Kondrick asked what is necessary for someone who will be paintinq cars and emittinq odors. Ms. Dacy stated the tenant will come in for a buildinq permit and as part of the building permit process, the tenant will be required to install a certain ventinq system (paint booth) which is reviewed by the Fire Inspector. The paint booth will diminish the odor, but there will be some odor that will be emitted. It would be 4N pLANNING COMMISSION IdEETINa. BEPTEMHER 12. 1990 P�GE 16 difficult for either a staff inember or the petitioner to state that 100� of the odors will be controlled from the site. That was the basis for staff's recommendation to locate these types of businesses as far away from the residential property as possible. The restaurant which is a permitted use also has odors. The restaurant will have vents and fans, but there will be some odor from it also. OM TION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of rezoninq, ZOA #90-05, by A1 Schrader, to rezone Lots 7, 8, and 9, Block 1, Central View Manor, from M-1, Light Industrial, to C-3, General Shoppinq, qenerally located at 7355 Highway 65 N.E., for the construction of an "auto mall" and a restaurant, with the followinq stipulations: 1. The parcels shall be combined for tax purposes. 2. The special use permit, SP �90-15, shall be approved. IIPON A VOICE VOTE, l�I�L VOTING ]1YE � CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Saba stated he is a little concerned about a review of the special use permit in one year as the petitioner may or may not have the mall fully leased. He would recommend an annual review until the mall is fully leased up to five years. This would also give the neighbors adequate time to communicate any concerns or violations of the special use permit to the City. Mr. Saba stated he also shared Ms. Sherek's concern about an auto body repair shop. Ms. Sherek stated that if an auto body repair shop becomes a nuisance in terms of odors, etc., would the City have the power to revoke the whole special use permit, or would it be possible to require a special use permit for an auto body repair shop? Ms. Dacy stated the second option is fine. The City by Code has adopted the MPCA standards on odor emissions so if any of those standards are not beinq met by any tenant, the City has the power to base a revocation of the special use permit for that particular tenant. Ms. Dacy stated when staff looked at this particular application, typically one individual tenant would be cominq in at one time to qet a special use permit; but since this is an auto mall where there would be more than one application, they had taken the approach of a blanket permit. Given the concerns about odor and collision repair, she thouqht it would be appropriate to have these types of businesses apply for a separate special use permit. 40 PLANNINa COMMISSION ME$TIN(i. BBPTEMBER 12. 1990 Pl�aB 17 o�'I TION by Mr. Rondrick, seconded by Mr. Dahlberq, to recommend to City Council approval of special use permit, SP �90-15, by A1 Schrader, per Section 205.15.O1.C.(4) of the Fridley City Code to allow repair qarages; per Section 205.15.O1.C.(5) of the Fridley City Code to allow automobile service stations and motor vehicle fuel and oil dispensing services; per Section 205.15.O1.C.(6) of the Fridley City Code to allow motor vehicle wash establishments; per Section 205.15.O1.D:(8) of the Fridley City Code to allow exterior storage of materials and equipment, all to be located in two buildings as an "auto mall" on Lots 1 through 9, Block 1, Central View Manor, and Lot 3, Block 1, Central View Manor 2nd Addition, qenerally located at 7355 Hiqhway 65 N.E., with the followinq stipulations: 1. The rezoninq request, ZOA #90-05, shall be approved. 2. The petitioner shall submit qradinq and drainage plans of calculations approved by the Rice Creek Watershed District prior to issuance of the buildinq permit. 3. The petitioner shall submit a revised landscape plan prior to the issuance of the buildinq permit, indicating the following changes: A. The berm at the intersection of 73 1/2 Avenue and Viron Road shall be reduced. B. Six additional Linden trees shall be added somewhere on the site. C. The wood screening fence along the north property line is currently unnecessary. However, the petitioner shall install a screeninq fence along the north property line if the existing fence should for some reason be removed or damaged. 4. The petitioner shall submit an irrigation plan prior to issuance of the building permit. 5. The petitioner shall dedicate a 10 foot easement parallel to the east right-of-way line of Viron Road to the City. 6. The petitioner shall combine the lots for tax purposes. 7. There shall be no exterior storaqe of junk vehicles, tires, or trailers. Vehicles waitinq to be serviced shall be allowed to be stored overnight, provided they are currently licensed and street operable. 8. Any auto body repair and paintinq facility and/or detailinq facility shall be required to obtain its own special use permit. Auto body repair and painting . . � �L!►NNING COI�iZ88ION ?tEETING. SEPTEMBSR 12, 1990 P!►GB 1� . 9. • 10. il. 12. 13. 14. 15. 16. 17 . tenants ehall comply with EPA regulations to control odor emissions and hazardous materials. There shall be no repair of automobiles before the hour of 7:00 a.m. and after the hour of 9:00 p.m. Rooftop equipment.shall be screened. The petitioner shall submit a comprehensive siqn plan for City Council approval. Tenants which contribute to odor emissions shall be located alonq the east side of the eastern most building on the site. The petitioner shall apply for a special use permit for any auto rental tenants. A park fee of $.023 per square foot shall be paid at the time of building permit. The petitioner shall work with MnDOT to stripe a right turn lane to 73 1/2 Avenue on Highway 65. The special use permit shall be reviewed annually up to five years. A copy of the contaminant free soil report shall be provided to City staff for approval. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE KOTION CARRIED IINANIl�i0U8LY. Ms. Dacy stated the City Council would have a public hearinq on these items on October 15, 1990. 5. AFCEIVE AUGUST 2 1990 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Saba, to rec ' e the Auqust 2, 1990, Human Resources Commission minutes. IIPON !► VOICE VOT$, 11LL VOTZNG i1YE, CHl1 ER80N BETZOLD DECI.�RED THE I�OTION ClIRRZED IINANIMOIIBLY. 6. E UG S N MINUTES: MOTION by Mr. Rondrick econded by Mr. Dahlberq, to receive the Auqust 9, 1990, Hous q& Redevelopment Authority minutes. IIPON A VOICE V , 11LL VOTINd 1►YE, CH�iZRPER80N BETSOLD DECLARED TH8 I�tOTZON IED ON]�TIl�0II8LY. Exerpt from Central Avenue Land Use Study 4Q - 3 - 8tudy M•tDods Staff collected Zoning history data, reviewed the building permit files for tbe nge of strvctures, reviewed traffic counts along old Central and intersecting streets, reviewed general drainage and utility patterns, and identified any unique areas of natural resources. For each phase,. staff developed a residential scenario and a commercial/industrial scenario. In some instances, the recommendation proposed a mixed use approach where one use is Old identified on one side of the street, and another use on the other side of the street. We also met with other department heads for their input and comments. planninq Commission Recommendation A summary of the Planning Commission recommendations for each phase is provided below. Phase 1- Rice Creek Road to Rice Creek 1. The east side of Central Avenue between Rice Creek Road and Mississippi Street should be developed in residential land uses, preferably owner occupied single family homes or twinhomes. The west side of Central Avenue in this segment should be developed into commercial land uses. The east side is now zoned C-1, Neighborhood C�mmercial and would have to be rezoned to R-1, Single Family Dwelling. Staff prepared a scenario of a potential street and subdivision pattern on the east side (we will present an aerial photo of this proposal at the meeting). On the west side, the new Advance Company's development and the Moore Lake Commons Shopping Center provides a strong commercial identity. The Commission recommended that the two remaining vacant parcels on the west side remain zoned as commercial. 2. North of Mississippi Street to Rice Creek, a residential pattern should be maintained. The Bacon Electric and the automotive business in the northeast corner of the intersection should be relocated; however, the existing Country Boy grocery and the office building across the street can remain to provide a node of neighborhood services. Phase 2- North of Rice�Creek to Osborne Road �%�� l. The Commission recommended removal of the junkyards along 72nd and 73rd Avenues including Determan Welding. The area should then be re-marketed as an industrial business center. Alternative street plans should also be considered including vacating 73 1/2 Avenue and constructing an east/west road south of Fireside in between the mobile home park and the 4R -4- industrial area. This would eliminate double frontage lots and encourage storage nreas to be located at the rear of properties . 2. The mobile home park should be maintained in its current � location and its appearance should be improved. The Commission suqgested another alternative of relocating the mobile homes along Nighway 65 to the east and relocate Tam's restaurant along Highway 65 or along Highway 65 just north of 73 1/2 Avenue. The Planning Commission also suggested moving the existing park north of Fireside Drive and north of Service Master. 3. The properties along Highway 65 from the SuperAmerica site � south to Rice Creek Road should be rezoned from M-1 to C-2. A majority of these prcperties are occupied by commercial oriented uses (SuperAmerica, offices, tanning salon, mobile home sales). The Kurt Manufacturing.rezoning represents the first step toward this end. Commercial redevelopment may be more appropriate given the lot sizes and location of these properties along Highway 65. 4. A small multi-tenant commercial strip center located at the southeast corner of Osborne Road and Old Central is substandard in appearance and should be removed and reused as single family home sites. Although the property is a double frontage lot, the access to the sites can be gained from the interior street (Meadowmoor Drivej. 5. At the southwest corner of Osborne and Old Central, there is a large vacant area now 2oned M-1, Liqht Industrial. The Planning Commission determined that a mixture of R-3 or R-4 zoning should be pursued to promote a young senior project, mobile homes, or other multiple family development. The Planning Commission wanted the City to consider additional mobile homes as it does provide low and moderate income housing and an alternative housing choice. The Police Chief expressed concerns regarding expanding R-4 zoning for new mobile home sites. The Police Chief reported a number cf incidents of speeding violations in the existing mobile home parks as well as criminal activity. The Planning Commission also recognized that commercial uses say occur at the southwest corner of the intersection given the recent activity at Highway 65 and Osborne Road. l�dditional commercial uses would provide shopping services vhich the residential area in the northeast corner of the City may patronize versus shopping in Spring Lake Park or Moundsview. 4S - 5 - 6. The property couth of the American Legion at the southeast corner of Onondaqa and Old Central should be combined with the American Legion property for expanded parkinq. The Planninq Commission did not have a strong opinion as to whether or not the multi-tenant commercial building at the intersection of Osborne Road and Old Central Avenue should remain or De removed. Bummary - Centra2 J►venue Corridor The haphazard mixture of Zoning and land uses alonq Central Avenue has tended to create an identity crisis for this area of the community. The Planning Commission's intent to reserve the east side of Old Central as residential and the west side as commercial or industrial is intended to use Central Avenue as a signal or separation between the two different land use characters. The southern portion of the study area has more of the "neighborhood ambience" than the north segment. However, a boulevard improvement approach will act as a unifying element which wi22 connect the different neighborhoods in the area. Znstalling a bikeway/walkway along the corridor from Osborne to Moore Lake Commons and south, as well as installing appropriate lighting fixtures and other landscape treatments can provide a unique character for this area of the community. The residential areas in this part of the community may identify more with surrounding communities rather than Fridley. These neighborhoods should be "connected" to Fridley as much as possible, while having a compatible existence next to non-residential uses. Zmplementation Plan These recommendations have been described as "aggressive" and "ambitious". A number of factors influence implementation of these recommendations. ' Two tax increment districts exist within the corridor. The recently created Onan tax increment district was primarily based on the expansion plans of the existing Onan facility. Therefore, the increment generated from the Onan expansion would defray the public improvements necessary to enable the project to be completed. It is anticipated that Onan will be constructing their expanded facilities i� 1990. There will be other increment available from other properties in the district. These monies may be used for other projects which the HRA has already prioritized. l�nother factor affecting the implementation of these recommendations is that the HRA has maintained a policy of securing a viable project prior to acquiring property. Acquisition of the junkyards will therefore be dependent on attracting a developer to redevelop these sites. ZOA 4190-05 A1 Schrader 4T N//2 SEC. /2, T. 30, R. 24 � I �N � �. — '—L----- _� C/TY Of FR/OLEY 2 � -1-- �2 �, �,- tyln.A /w�.+ Mi/ .r..•s i 1� �`' 2�'' � ..r 2: L � 24 ; � �3 � LOCATIQN MAP P.S. ��90-OS A1 Schrader ZONING MAP _'�_� � � ic cr, cci ici �3� ;t � ii �� ii" if �_ _ ! ii !! !!! !!� f e . _ ' ai spe �p 3 e � rn sI 1 ! s ��i it �i �i f�E ■ � ' • �vi awnoa xiaaH � 49 JIVMH'JIH '� , t. � N ' � �^. P.S. 0- A1 Schrader w 4V M1 N � % � � u � — --- W C H SITE PLAN � i a � � c� � � ¢ � �;� � �� ;� �� !� �� < Q< e u o w � e: < • ......_.. i I � J I< U� � �� o � - �, o �° = �� _ r C . i � _ t J < _ � - W �� :. >o t • Q N �L' ::% O O �� ` A � � � �°�'7- T , i f I �'��l ,�� : ,� �� ,.� il�ll� � � T 1�1 1111`� `�► l� A1 Schrader t � o � _�� < — < : _ . \ �� v�' � ' � . � �� Hl N < _ O O I -- ` ` ? — � �"_ ':I � < ` ' -- _ � , _ -� x • a �— t � / W � � . < t <� / f0 4 Y �. / � ; W a , >� a i = aVOH 3alAli3S 1SV3 'R}� � �° N �- - -- ,.- -- ----- � � - — ..-- � g < J 3NY'1 OHIIOB H1tlON - 49 AYMH'J1H 4W� LANDSCAPE PLAN � � unroF F� a� C011/[MUNi't'Y DEVELOPMENT' DEPARTMENT M EMO RAN D UM DATE: October 11, 1990 To: William Burns, City Manager�,�'� [��[� SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Public Hearing for Sale of Excess Property in Central View Manor The City Council, at the October 1, 1990 meeting, established the public hearing for the sale of excess property located at the northeast corner of the frontage raad at 73 1/2 Avenue. The City acquired the subject property tax forfeit in 1983. The property is necessary for the auto mall project proposed by Mike Schrader and Paul Noyes (see other items on agenda). The City Council should conduct the public hearing. Later in the agenda is another item related to this property. Please refer to the cover memorandum on that item. BD/dn M-90-?35 5 5A PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, October 15, 1990 at 7:30 p.m. for the purpose of: Consideration of the sale of excess property on Lot 3 and that part of Lots 1 and 2, Block 1, Central View Manor lying northeasterly of the following described line. Beginning at a point on the east line of Lot 2 distant 59.50 feet north of the southeast corner of said Lot 2; thence northwesterly to a point on the west line of said Lot 2, said point being 67.56 feet south of the northwest corner of said Lot 2; thence northwesterly to a point on the north line of Lot 1, said last point being 19.00 feet west of the northeast corner of said Lot 1 and there terminating. Generally located at 73 1/2 Avenue and T.H. 65. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: October 3, 1990 October 10, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 5B ZONING MAP 5C t�►o�Ey , .��.i . �,� _c�� '. POLICE DEPARTMENT City of Fridiey Minnssote OATE OCTOBER 5, 1990 9� FROM PUBLIC SAFETY DIRECTOR, J.P.HILL SUBJECT INTOXICATING LIQUOR... BOTTLE CLUB PERMIT 7 MEMORANDUM TO ` ACTION INFO BILL BURNS j_ � XX _ Enclosed is an ordinance for second reading to repeal in its entirety Chapter 605 of the City Code of the City of Fridley entitled "Intoxicating Liquor -- Clubs" and to establish a new Chapter 605 entitled "Intoxicating Liguor -- Bottle Club Permit" and amending Chapter 11, "General Provisions and Fees." It is the recommendation of the City Attorney and myself that Council approve this ordinance on second reading. This action will provide us with more stringent regulations than provided by the State, cantinue a revenue source, and provide uniform regulations with other applicable city ordinances. JPH/sa 7A ORDINANCE NO. AN ORDINANCE TO REPEAL IN ITS ENTIRETY CHAPTER 605 OF THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA ENTITLED "INTOXICATING LIQUOR--CLUBS", AND TO ESTABLISH A NEW CHAPTER 605 ENTITLED "INTOXICATING LIQUOR--BOTTLE CLUB PERMIT" AND AMENDING CHAPTER 11, "GENERAL PROVISIONS & FEES" The Council of the City of Fridley does ordain as follows: 605.01 DEFINITIONS The definitions delineated in Minnesota State Statute 340A relating to liquor laws are adopted by reference. 605.02 PERMIT REQUIRED No business establishment or club which does not hold an on-sale intoxicating liquor license may directly or indirectly allow the consumption and display of intoxicating liquor or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a permit from the State of Minnesota. 605.03 ELIGIBILITY FOR PERMIT The City may approve a State permit under this section only to: 1. An applicant who has not, within five years prior to the application, been convicted of a felony or of violating any provision of Minnesota State Statute 340A, or for violating any provision of Fridley City Code relating to liquor or non- intoxicating malt liquor. 2. An establishment licensed for the sale of non-intoxicating malt liquor. 3. A club that does not hold an on-sale intoxicating liquor license. 605.4 CONSUMPTION AND DISPLAY ONLY A permit issued under this section authorizes the establishment to permit the consumption and display of intoxicating liquor on the premises. The permit does not authorize the sale of intoxicating liquor. 605.05 PERMIT FEES - EXPIRATION The permit fees shall be the maximum allowed in Minnesota statute 340A as pravided in Chapter il of this code. Al1 annual permits issued under this Chapter e�cpire on June 30 of each year. ORDINANCE NO. Page 2 605.06 INSPECTION An establishment holding a permit under this section is open for inspection by peace Officers who may enter and inspect any time the premises are occupied. Intoxicating liquor sold, served, or displayed in violation of law may be seized and disposed. 605.07 LOCKERS A club issued a permit under this Chapter may allow members to bring and keep a personal supply of bottles kept in lockers on the club's premises. All bottles kept on the premises must have attached to it a label signed by the member. No person under 21 years of age may keep a supply of intoxicating liquor on club premises. 605.08 ONE DAY PERMIT The City may issue a one day permit for the consumption and display of intoxicating liquor under this Chapter to a non-profit organization in conjunction with a social activity in the City Sponsored by the organization. The permit must also be approved by the State of Minnesota and is valid only for the day indicated on the permit. 605.09 REGULATIONS BY REFERENCE Regulations delineated in Chapter 606 of this code entitled "Intoxicating Liquors--On-Sale Club", relating to application, bonds, liability insurance, granting of licenses, conditions, hours of operation, prohibited sales, conduct prohibited, revocation and penalties, are adopted by reference. PASSED AND ADOPTED BY THE CITY OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: October 1, 1990 Second Reading: Publication: � ,;�E \. POLICE DEPARTMENT ,( �.` �� , City of Fridley �'�-� ``�� Minnssota _ d. DATE OCTOBER 5, 19 9 0 Q� FROM PUBLIC SAFETY DIRECTOR, J.P. ILL SUBJECT CHARITABLE GAMBLING REVISIONS MEMORANDUM TO BILL BURNS rll,'h• XX Enclosed for first reading is an ordinance recodifying the Fridley City Code, Chapter 30, entitled, "Charitable Gambling", by renaming the chapter "Lawful Gambling" and amending section 30.03. � INFO The 76th Legislature passed a sixty-seven page law attempting comprehensive gambling regulations. Due to statute changes, City staff has reviewed our local ordinances that relate to gambling resulting in specific legislative recommendations. The review process included discussions with Council as well as conversations and/or meetings with all currently licensed gambling organizations in our city, two previously licensed organizations, and ane possible future licensed organization. Several contacts were also made with the State Gambling Board. I have not been made aware of any major concerns from our local organizations to my final recommendations on our local gambling control ordinance. JPHjsa `� . .: •,. � � «- • •1•.r � r� M: •�a��7 �' � �:i: • /� �1 •�'�" �:►• • yi' � :n :,�� :r • v: r i:i � c •�;� �� 1� �:1` 4.i. ,�. ,..�_ � r� r. � c �� i:� u � c�a •. i� �e Oauicil of the City of FYidley does ordain as follows: 'IIze title of thi.s Chapter "Ci�aritable Gambliryg" is amer�ded as follews: nLawful Gamblira" Se[.'t7.0�'1 30.03. T�--�'�-ar ro,T �rr� r=��rt+��o cn� r�o�TC�c �(�jj��j*jON5 '�^ � —8€—p�� '-�—i� �3�6�@ - - - - - -- ' --. . �.__L--i-- w_�L�� ^iwn �1... �� Ihr� +new+e� � f 1 A4. l .-.f � r.we�r� i rs �� i �n 1 7 - - ' - • � ` t - - — - —i---- �'i-- Li�.sed o�,�anizations vor�ductira lawful qamblinq within the Citv of Fridlev shall e�xxi fifty peroent (50�) of its expenditures for lawful �oses - - - • -- . .. ...- - "--- " --- L_.....a,. FY'1CueV . 2. . ��.r f i 7 a +i }i� �i�c� f�i �c t!�l c�rL �r�rh» l l� r�� + ^ i�w �-}LS icanvv—c�' m —a xiv�zar—assc—v j ��"E16625 E; '11 ^" xm:o :e�"'°"'os�recx'"S� Ll.CEiLSA� OY�i11Zc1'tlOI�S COTIC�LIC.'�lYlCi �.3Wf111 mav be included as part of the fiftv x�eroent (5v�1 exr�na�zu�� r�uu��,�� ,. the FYidley trade area. 3• ,f'�e+�- fil rroill i��l� f� 7»� sT� �-�r��-1�lis ��ii�l� +i� f�i�-cr f�lev�l� ��L'�G��l or�anizations cx�nchicti.nq lawful q.ambling within the Citv of FYidlev moust file a cc��y of monthly cnmblirxY board financial reAOrts to the F�'idlev Citv Clerk. 4. Lic�nsed oraanizations oonductir�g lawful aamblira may not �ve-a aonduct pull-tab sale aperati+oa�s in more than twn pre�nises in the City. of the Fridley City Qocle shall �ly sell t�u7.1-tabs trr,�► a noaui u.-sea `.�C�-1C1Y �Y the lioP.nsed lawfiil gamblina orc�anizati� ar�d pul.l-tabs st�all r�ither be sold Page 2 --� Orciinart�oe No. b�_en}�lonrees of the lic�uor establistmie.�t or sold fram the bar area- � U.v�Lev�e+ .�r r» +�ti. +w�as r�1� �� 31lfll/eiC�—�= 4�{n.�. rl�+l 1�r �wvn+rii- �f '7 C�1��1 l++�yi- .v�—+wi wrl e re�rne /��'rr7� _ •n:�r��viw��r �il l ��_ i r� 1 i �e�++ er1 � �l r� l� rn r.er�i-�{�+l i�l•nn�++� r�i+a�i� r�e s1'+�l i r�.�l �vie frbe r�l at.•• �c_r�ri-'�i+ii_ _ � 6. �,�.,, ,a,,,-;+.��,,e AWf9Tl�f'�+'1/1Y1 Livensed organizations oonductirx�, lawful gambling in the City of FYidley � shall be resPonsible for #�e booths ar�d ather, equipment u.sed in ,.'^., �,•,�,.��; „~, „� ,..,� �_''-L- lawful gambling. pASSEp AND ADppI�D BY Z� QTX OOI�7NCIL OF � QTY OF FRIDI�Y 'I'I-IIS 1]AY OF , 1990. WILLZAM J. NEE - MAYOR : M4�'�1i `1 ��' /� � • • M M SI' First Reaciir�g: � Readixg: Publish: : : *,-o�E POLICE DEPARTMENT � ---� . � ' ��', City of Fridlsy �-� ` Minnssote oc MEMORANDUM 0 DATE OCTOBER 5 1990 fROM PUBLIC SAFETY DIRECTOR, J.P.HILL TO ACTtON tNFO SUBJECT _B_ILL BURNS XX BEER LICENSING Enclosed for first reading is an ordinance recodifying the Fridley City Code, Chapter 6Q2, entitled "Beer Licensing", by amending section 602.08.05. This amendment will specify by ordinance which has been City policy or administrative interpretation relating to gambling prohibitions in beer establishments. JPH/sa . . ORDINANCE NO. AN ORDINANCS RBCODIFYZNa THE FRIDLEY CITY CODE, CHAPT$R 602 � $NTITLED ��BEER LICENSIN�3��, BY AMENDING BECTION 602.08.05 The Council of the city of Fridley does ordain as follows: 602.08. CONDITIONS OF LICENSE 5. Gambling No gambling or any gambling device shall be permitted on any licensed premises. Prohibited gamblinct shall include private social bets not part of or incidental to organized, commercialized, or systematic qambling Gambling device shall include slot - - -- - - ---�-- licensed by the State. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading: Publish: WILLIAM J. NEE - MAYOR t•`°-�� ,�. "a=< < � , �4 POLICE DEPARTMENT City of Fridisy Minnssota DATE OCTOBER 5, 1990 FROM PUBLIC SAFETY DIRECTOR, J.P.H SUBJECT INTOXICATING LIQUOR MEMORANDUM TO ACT BILL BURNS� XX Enclosed for first reading is an ordinance recodifying the Fridley City Code, Chapter 603, entitZed "Intoxicating Liquor", by amending sections b03.10.7 and 603.24. 10 INFO These amendments change some language to be consistent with State Statute, clarifies by ordinance gambling restrictions that has been City policy or administrative interpretation in the past, eliminates provisions now controlled by statute, and increases maximum rent from $100 per week to $6QQ per month. JPH/sa 10A .,�,.... .,- . �,ri o�nn� �ooD�rnaG � �nr�r crrsr ao�, c�n� 6os, ��n ��n�n�ac�►Tna� r��r�, sx A�nv� SBGTI�TB 603.10.7 AI�ID 603.24 73ze �il of the City of Fridley doe.s on�ain as follvws: 603.10. a0[�IDIi'I�8 �' LICE[�b'E 7. No licer�.see shall keep� Possess. aPex'ate or permit the k�eeP�J. P�S1Ori• or aperation of ariy s�e�as�e dioe, playi.r�q cards video game of chance, or gamblit�g devioe e�--�� includ?rig slot machine.s roulette wheels, - - �-•---- � the lioe.nsed p�. a�i F�coept for null-tabs, the lioen.se shall not Permit anY 9a�lir�g therein, whether or not lioen.sed by the State, or whether - • ----- � oo�nnercialized, or systematic ctamblirxx. Pull-tabs may be sold on licensed premises when such activity is lioensed by the State puzsuant to Mirmesota Statute, Chapter 349, arid cor�ducted pursu��t to the regulations oontained in this City Code. . � r• i: � :� i�• •.,ti� i� 1. Stateme.nt of Pblicy On-sale lioe.nsees may raquest permission of the City Council to permit �e61 �-��e State lioen.sed organizations to conduct lawful gambling in the form of pull-tabs only on the lioer��ed premises• Application for a gambling e.ndorse�me.nt shall be made to the City Clerk with paymeizt of the specified fee in Chapter 11 of the City Oode. 2. Regulations Gamblirig ex�dorseznents on on-sale lioenses shall be subject to the following regulations which shall be deemed as a part of the lioe.nse, and failure of ooatq�lianoe may oonstitute graunds for adverse action as prescribed in the City C)ode. . _ - - - - - - - - - - - - - - - -- -- -- - -- � - - - - - - - -- - - = -= - --- � A. Use of the liver�sed premises shall be by meai�s of a� state appraved lease agree��er►t betw�een the lioer�See ar�d the �a�.�e licensed on�anization. A oo1?y of the leas� �-��" '^° �� e€ a� �eas�-e�e �ea�;-a-ea� shall be filed with the City Clerk, and also a oapy naast be xept on the pre�nise.s arid available for public inspection upon recNest. *^�°� shall be c,�vverned by the follvwing: 1 = Page 2 — OYdinarroe No. (1� �ximan �t t1�at may be C�]1Y'qed is 600.00 ppx� 1�anth. �se�asea� .f4} �j The onl.y form of gamblitig ti�at shall be ��+;tted on the lioe.nsea pr�nises shall be pull-tabs approvea vy the state. .(�} j3,1 R�ll-tabs st�all arily be sold fro�n a booth u�sed solelY bY the �3#�e lioensed lawful gamblirxr organization, arid pull-tabs shall neither be sold by e�ployees of the lioer�see or sold frcan the bar servioe area. {b} Ll � oor�structi� ar�d maintenanoe of the booth used by the ��e lioensed lawful gamblir�a organization shall be the sole responsibility of the s�e lioensed lawful crambliria organization. 17 \ R��e� l e��+ee �}»l 7 ra-w�� i r� � s�w�a.s�_� i � r-.—s�.,i }} i rs— �l�e� l i�— _r�c+ T� F }� �-evw�i r��e �1�.� �e�--i�* }l�ev ��ri ��l�l �_�3�:11aG'��i—�s �� os 7,�..� g��}� af---�-v�a=a�� o€ S�a�e e� �- �, ,..�„�,, ;,,r. �.�.-+„�e� J e�-A� r�+l ee� �wi r�nil n�-i rv�+s__ � g, pnly arie st��e licensed lawful cramblirxx organization shall be permitted to sell pull-tabs on the lioe.n_sed premises. �,- C. The lioer�see may not be reimbursed by the s�e 1i lawful gambling organization for ar►y lioense or permit fees, and the only �sation which the lioensce may abtain fraam the si�a��ala� licen_sed lawful gamblirg organizati� is the rent fixed in the lease agreament. �+17 7 i�.es� m we��- iva+wni� �i+ ^� �nir�ine �—�i��—�is� i ��l�l e �i�ti.r...� ..�: .�...r r_�L J � D. �he lioensee shall be responsible for the s�i�e lioen.sed lawful aamblir�g organization's o�duct of sellirig pull-tabs. Zhe City dauicil may susper�d the lioensee's permission to allow gambling on the premises for a period up to 60 days for arry violation of State or local gamblirg laws or regulations that occur on the pre�cnises by ariyone, ir�cludir�g the lioen.see or the s�e lioen.sed lawful qambli.ria organization. A seooixl violation within a T2 morith suspension► � anY additional violations within a 12 month period shall result in the revocation of the gamblirig permis.sion, ar�d may also be vonsidered by the Co2uzcil as gronu�ds for susper��ion or revocatian of the on-sale liquor lioense. (Ref. sa2) 10C Page 3 -- Or+dirkv�oe No. PASSID AND ADOPI�D BY THE CITY OOUNCIL OF Zi� QTY OF FRIDLEY TFIIS I]AY OF , 1990. WILI�AM J. I�E - iR�Y0�2 �� 7.u: �► .�_ _ ' = M « �• First ReadirycJ: Second Readir�g: Publish: � � � ; c�nroF I fRIDLEY DATE: TO: C011/LMUNITY DEVELOPMENT DEPARTMENT M EMO RAN D UM October 11, 1990 � �• William Burns, City Manager,�• 11 FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Approving Rezoning Request, ZOA #90-05, by Al Schrader Attached is the ordinance approving the rezoning request, ZOA #90- 05. The Planning Commission at their September 12, 1990 meeting voted unanimously to recommend approval of the request to the City Council with the following stipulations: l. 2. The parcels shall be combined for tax purposes. The special use permit request, SP #90-15, shall be approved. The City Council will have held a public hearing earlier in the meeting. Staff recommends that the City Council approve the first reading of the attached ordinance. 1�I/dn M-90-724 11A ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to stipulations adopted at the City Council meeting of _, 1990. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 7, 8, and 9, Block 1, Central View Manor from M-1, Light Industrial, to C-3, General Shopping, generally located at 7355 Highway 65 N.E. Is hereby designated to be in the Zoned District C- 3, General Shopping. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-1, Light Industrial, to C-3, General Shopping. 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: First Reading: Second Reading: Publication: � � cinroF Fr� a��r DATE: TO: C011/LMUN[TY DEVELOPMENT DEPARTMENT M EMO 1ZAN D UM October il, 1990 � William Burns, City Manager � � FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #90-15, by A1 Schrader The Planning Commission voted unanimously to recommend approval of the above-referenced request to the City Council with the following stipulations: 1. The rezoning request, ZOA #90-05, shall be approved. 2. The petitioner shall submit grading and drainage plans of calculations approved by the Rice Creek Watershed District prior to issuance of tiie building permit. 3. The petitioner shall submit a revised landscape plan prior to the issuance of the building permit, indicating the following changes: 4. 5. A. � The berm at the intersection of 73 1/2 Avenue and Viron Road shall be reduced. Six additional Linden trees shall be added somewhere on site. C. The wood screening fence along the north property line is currently unnecessary. However, the petitioner shall install a screening fence along the north property line if the existing fence should, for some reason, be removed or damaged. The petitioner shall submit an irrigation plan prior to issuance of the building permit. The petitioner shall dedicate a 10 foot easement parallel to the east right-of-way line of Viron Road to the City. 6. The petitioner shall combine the lots for tax purposes. 12 12A Schrader SUP #90-15 October 11, 1990 Page 2 7. There shall be no exterior storage of junk vehicles, tires, or trailers. Vehicles waiting to be serviced shall be allowed to be stored overnight, provided they are currently licensed and street operable. 8. Auto body repair and painting tenants shall comply with EPA regulations to control odor emissions and hazardous materials. - 9. There shall be no repair of automobiles before 7:00 a.m. or after 9:00 p.m. 10. Rooftop equipment shall be screened. il. The petitioner shall submit a comprehensive sign plan for City Council approval. 12. Tenants which contribute to odor emissions shall be located along the east side of the eastern most building on the site. 13. The petitioner sha].l apply for a special use permit for any auto rental tenants. 14. A park fee of $.023 per square foot shall be paid at the time of building permit. 15. The petitioner shall work with MnDOT to stripe a right turn lane to 73 1/2 Avenue on Highway 65. 16. The petitioner shall submit documentation to staff ensuring that the fill material currently on-site is contaminant-free. 17. The special use permit shall be reviewed on an annual basis until the facility is fully occupied or five years, whichever comes first. Staff recoauaends that the City Council concur with the Planning Commission action. The petitioner has already complied with stipulation #16. Staff recommends the City Council approve the request with the stipulations as presented. MM/dn M-90-678 I „ , 26 � STAFF REPORT APPEALS DATE C'�QF PL/�iW11iVCi COM�SSI�Pi D14TE : september 12, 1990 FRIDLEY CITY COUNCIL DATE : Oct obe r� s, 1990 µ�Hpp P4M/ dn REQUEST iPERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION i S1TE DATA SIZE �ENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTLRIES PARK DEDICATION ANALYSIS I FlNANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATlBILRY WITH AOJACENT USES 8► ZONNG ENVIRONMENTAL CONSIDERATIONS � ---•------------- STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNUVG COMMISSION RECOMMENDATION SP ��90-15 A1 Schrader To allow automotive uses and exterior storage 7355 Highway 65 N.E. 169,000 square feet C-3, General Shopping and M-1, Light Industrial R-4, Mobile Home Park to the north; M-I, Light Industrial to the east and south; Highway 65 to the west. $.023 square foot Yes Yes Approval with stipulations Approval with stipulations 12C Staff Report SP #90-15, A1 Schrader Page 2 Rectuest The petitioner is requesting a special use permit for exterior storage and automotive uses. The automotive uses would include car washes, auto repair, auto body repair, etc. The City Attorney has determined that car rental facilities will require a separate special use permit in order to determine the parking availability on the site and signage specific to the rental facility. The request is for Lots 1- 9, Block 1, Central View Manor, and Lot 3, Central View Manor 2nd Addition, the same being 7355 Highway 65 N.E. Site The site is generally located at the intersection of 73 I/Z Avenue and Highway 65. The site is vacant, and is zoned both C-3, General Shopping and M-1, Light Industrial. The petitioner is currently processing a rezoning application to rezone those lots that are zoned M-1, Light Industrial to C-3, General Shopping. Located to the north of the site is a mobile home court which is zoned R-4, Mobile Home Park. Parcels to the east and south are zoned M-1, Liqht Industrial. The City currently owns Lots 1, 2, and 3, Block 1, Central View Manor. Lot 1 is right-of-way for Viron Road, and if the development is approved, the development is the City will be selling Lots 2 and 3 to the petitioner. Analysis Land Use History The parcel has had a history of special use permits for a variety of different uses. In 1974-1975, a special use permit was issued to allow the sale of used cars on the parcel. In 1975, a special use permit was granted to allow the sale of trailer homes from the site. The site is not currently being used for either of these two uses. Traffic The proposed auto mall and restaurant use will increase the traffic in the area. Currently, there is access to Highway 65 at the intersection of 73rd Avenue, and also at 73 1/2 Avenue. In 1987, Rapid Oil, which is located at the intersection of 73rd Avenue and Highway 65, applied to vacate the 73 1/2 Avenue right-of-way to provide additional land to increase the lot area for the Rapid Oil facility. The vacation request was tabled indefinitely by the City Council (please see attached information regarding Rapid Oil). y2D Staff Report SP #90-15, A1 Schrader Page 3 The Minnesota Department of Transportation has indicated that in 1992 in conjunction with the signal upgrade at 73rd Avenue, they will close the median crossing at 73 1/2 Avenue. This would be appropriate as it will increase safety in this area by eliminating one of the full movement intersections. Once the median crossing is closed, a right-in, right-out movement from northbound Highway 65 at 73 1/2 Avenue will still exist. The 73 1/2 Avenue right-of- way should not be vacated until such a time that the Viron Road extension is completed to the north. It has been the City's intent to extend Viron Road past the trailer park. The City at one time attempted to acquire an easement but was unsuccessful. The property owners refused to sell. The City has asked the petitioner to work with the awners of the trailer park in order to acquire additional right-of-way in front of the trailer park to complete the Viron Road extension. The petitioner indicated that he was also unsuccessful. It has been the City's policy not to condemn single family residential properties for public works projects. The petitioner has completed a traffic study of the area in order to address the impacts without the Viron Road extension. The study indicated that the average daily trips generated by the project will be 2,349. Half of those will be into the site and half out of the site. The peak hour trips will be as follows: Morning (6:30 - 7:30 a.m.) Evening (4:15 - 5:15 p.m.) In 153 201 Out 64 207 The study also confirms that the 73 1/2 Avenue access should remain open, as it reduces the congestion at the 73rd Avenue intersection (see attached traffic study) . At such time when the Viron Road extension is made, the 73 1/2 Avenue intersection to Highway 65 should be vacated by the City. It should be noted that a shopping center is a permitted use in the C-3, General Shopping District. A shopping center would generate twice as much traffic based on information from the Institute of Traffic Engineers. The current right-of-way for the existing frontage road is 40 feet. A 10 foot street easement should be granted to the City in order to obtain the proper right-of-way for the Viron Road project. Site Plan The petitioner has submitted a site plan which meets all the code requirements in regards to parking and setbacks. The landscape plan will require minor adjustments, and the petitioner will need to submit an irrigation plan. In addition, the petitioner will be 12E Staff Report SP #90-15, A1 Schrader Page 4 required to fulfill the requirements of the Rice Creek Watershed District reqarding grading and drainage plans. The special use permit request for automotive uses and exterior storage will require several stipulations in order to ensure minimum impact to the residential neighborhood from odor emissions and hazardous waste handling. There are strict Environmental Protection Agency laws regarding the odor emissions from painting and auto body repair facilities. In addition, many of the paints and hardeners used in auto paint do contain lead, and therefore, special handling techniques will be required to prevent the spillage of this hazardous material. The petitioner will not be allowed to store junk vehicles on the site. Recommendation and Stipulations Staff recommends that the Planning Commission recommend approval of the special use permit, SP #90-15, to allow repair garages, motor vehicle oil dispensing services, automotive service stations, car washes, and exterior storage, with the following stipulations: l. The rezoning request, ZOA �90-05, shall be approved. 2. The petitioner shall submit grading and drainage plans of calculations approved by the Rice Creek Watershed District prior to issuance of the building permit. 3. The petitioner shall submit a revised landscape plan prior to the issuance of the building permit, indicating the following changes: A. Reduce the berm at the intersection of 73 1/2 Avenue and Viron Road. B. Add 6 additional Linden trees somewhere on site. C. The wood screening fence along the north property line is currently unnecessary. However, the petitioner shall install a screening fence along the north property line if the existing fence should for some reason be removed or damaged. 4. The petitioner shall submit an irrigation plan prior to issuance of the building permit. 5. The petitioner shall dedicate a l0 foot easement parallel to the east right-of-way line of Viron Road to the City. 6. The petitioner shall combine the lots for tax purposes. 12F Staff Report SP #90-15, A1 Schrader Page 5 7. There shall be no exterior storage of junk vehicles, tires, or trailers. Vehicles waiting to be serviced shall be allowed to be stored overnight, provided they are currently licensed and street operable.. 8. Auto body repair, painting, and/or detailing tenants shall apply for separate special use permits. 9. There shall be no repair of automobiles after the hour of 9:00 p.m. 10. Rooftop equipment shall be screened. 11. The petitioner shall submit a comprehensive sign plan for City Council approval. 12. Tenants which contribute to odor emissions shall be located along the east side of the eastern most building on the site. 13. The petitioner shall apply for a special use permit for any auto rental tenants. 14. A park fee of $.023 per square foot shall be paid at the time of building permit. 15. The petitioner shall work with MnDOT to stripe a right turn lane to 73 1/2 Avenue on Highway 65. Planninq Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission voted to amend stipulations #8 and #9 to read: 8. Auto body repair and painting tenants shall comply with EPA regulations to control odor emissions and hazardous materials. 9. There shall be no repair of automobiles before 7:00 a.m. or after 9:00 p.m. The Commission also added two additional stipulations: 16. The petitioner shall submit documentation to staff ensuring that the fill material currently on-site is contaminant-free. 17. The special use permit shall be reviewed on an annual basis until the facility is fully occupied or five years, whichever comes first. 12G Staff Report SP #90-15, A1 Schrader Page 6 Staff Update The petitioner has submitted the contract with the contractor verifying that the dirt is not contaminated. The Engineering Department determined that the dirt is from a street excavation project in New Brighton. In fact, the City used some of this material for the 67th Avenue improvement costs. Ci� Council Recommendation Staff recommends that the City Council concur with the Planning Commission action and approve the request with the stipulations as amended, except for stipulation #16. 12H 3. The pallets currently stored at the s h side of the buildinq shall be either relocated another location on site or shall be stacked not exceed the heiqht of the fence. 4. Slats shall be installe n the fence where landscaping does not screen the rage area. 5. The property s 1 be cleaned of construction debris and miscellaneo uilding materials. 6. A park ee of $.023 per square foot shall be paid by the pet' ioner prior to construction of the parking area. 7. his parcel shall be combined with the Target Northern Distributian properties. A VOICE VOTE, 7►LL VOTING AYE, CHAIRPERSON BETZOLD DECLARED MOTION CARRIED IINANIMOII8LY. 3. �UBLIC HEARTNG C4NSIDERATION OF A REZONING ZOA #90-05. BY AL SCHRADER: To rezone Lots 7, 8, and 9, Block 1, Central View Manor, from M-1, Light Industrial, to C-3, Genera2 Shoppinq, generally located at 7355 Highway 65 N.E., for the construction of an "auto mall" and a restaurant. 4. PUBLIC HEARING• CONSIDERATION OF A SPECIAL_USE PERMIT. SP �90-15 BY AL SCHRADER: Per Section 205.15.O1.C.(4) of the Fridley City Code to allow repair garages; per Section 205.15.O1.C.(5) of the Fridley City Code to allow automobile service stations and motor vehicle fuel and oil dispensing services; per Section 205.15.O1.C.(6) of the Fridley City.Code to allow motor vehicle wash establishments; per Section 205.15.O1.D.(8) of the Fridley City Code to allow exterior starage of materials and equipment, all to be located in two buildings as an "auto mall" on Lots 1 through 9, Block 1, Central View Manor, and Lot 3, Block 1, Central View Manor 2nd Addition, generally located at 7355 Highway 65 N.E. OTI N by Mr. Dahlberg, seconded by Mr. Saba, to open the public hearing for ZOA #90-05 by A1 Schrader. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND T8E PIIBLIC HEAItING OPEN AT 7:SZ P.M. MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to open the public hearing for SP �90-15 by Al Schrader. OPON A VOICE VOTE, lrLL VOTING lrYE, CSAIRPERSON BETZOLD DECLARED THE MOTION CARRIED 11ND THE PIIBLZC HEARING OPEN AT 7:53 P.M. 121 pLANNIN�3 COMMISSION MEETING. 88PTEMBER 12. 1990 _ PAGB 7 �2e2oninq Reyuest. ZOA #90-95 Ms. McPherson stated the parcels are directly adjacent to 73 1/2 Avenue and the Central Auto Parts facility on 73 1/2 Avenue. The property is vacant at the present time. There is some "scrub" vegetation and some asphalt paving from prior uses on the property. Ms. McPherson stated these lots are currently zoned M-1, Liqht Industrial. The parcels to the east and south are zoned M-1, Light Industrial, while parcels to the north and west are zoned C-3, General Shoppinq. Lots 7, 8, and 9 were zoned M-1 in 1979 at the request of two petitioners interested in constructing a contractinq business. The rezoninq was approved; however, the business was never constructed. Ms. McPherson stated the petitioner intends to combine the three lots with the adjacent parcels to the north and west in order to construct three buildings, two for an auto mall facility, and one for a restaurant facility. Rezoning these lots would be consistent with the adj acent zoning and adj acent land uses to the west and south. The Rapid Oil at the intersection of 73rd Avenue/Highway 65 is zoned commercial, as is City Sports just two blocks south of the Rapid Oil site. In addition, SuperAmerica, while not zoned commercial, is more a commercial/retail than industrial use. Ms. McPherson stated that the Central Avenue Corridor study done in 1989 recommended that�the parcels alonq Highway 65, which are currently zoned M-1, be rezoned to one of the three commercial zoning designations. Ms. McPherson stated that since the rezoning request is consistent with the adjacent zoning and land uses, as well as the recommendations of the Central Avenue Corridor study, staff recommends the Planning Commission recommend apprcval of rezoning request, ZOA #90-05, with the followinq stipulations: 1. The parcels shall be combined for tax purposes. 2. The special use permit, SP #90-15, shall be approved. Special Use Permit Rectuest Ms. McPherson stated the special use permit request' is for the same three lots, Lots 7, 8, and 9, and the parcels directly to the north and west of the site. The special use permit is to allow automotive uses on this site. Those uses include car washes, auto repair, auto body repair, and exterior storage. The City Attorney has determined that a car rental facility would require a separate and second special use permit in order to determine the impact of the parking and siqnage of the rental facility on this particular site. 12J gLliNNZNG COMMISSZON I�ETIN4 BEPTEMBER iZ. 1990 B71GE� Ms. KcPherson etated this property is vacant and ie zoned C-3 and M-l. Located directly to the north is a mobile home park. This parcel is zoned R-4, Mobile Home Park, and is residential in character. In addition, Tam's Rice Bowl, is located to the north of this site and is zoned C-3, General Shoppinq. Ms. McPherson stated the City currently owns a portion of the property in question, Lots 1, 2, and 3, Block 1, Central View Manor, the three western-most lots adjacent to 73 1/2 Avenue. These were acquired by the City as tax forfeit property. Lot 1 is currently being used as right-of-way for the service road. The petitioner has asked the City to sell Lots 2 and 3 to him in order to create a large enough parcel for this development. Ms. McPherson stated this property has had a number of special use permits for a variety of different uses. In 1974-75, a special use permit was issued to allow the sale of used cars. In 1975, a special use permit was issued to allow the same of trailer homes. Ms. McPherson stated that one of the larqer issues concerninq the site is that the proposed auto mall and restaurant will increase traf f ic in the area . Currently, there is access to Hiqhway 65 both at 73rd Avenue and 73 1/2 Avenue. In 1987, Rapid Oil requested that the City vacate 73 1/2 Avenue. This would allow Rapid Oil to have a larger parcel. The City Council tabled the request indefinitely. Ms. McPherson stated 1�1/DOT has indicated that in 1992 when they upgrade the 73rd Avenue intersection, they will be closing the median crossing at 73 1/2 Avenue. This would be appropriate as it would still allow a right-in, right-out access at the 73 1/2 Avenue entrance to this particular neiqhborhood and would eliminate a dangerous crossover. Ms. McPherson stated the 73 1/2 Avenue right-of-way should not be vacated until such a time at which the Viron Road service road can be extended past the trailer court. Closing the 73 1/2 Avenue access would cause traffic to back up in both east and west directions at 73 Avenue. Over a period of years, the City has tried to acquire right-of-way to construct the Viron Road extension and has been unsuccessful. The City has asked the petitioner to work with the owners of the mobile home court in order to acquire the additional right-of-way needed, and the petitioner has also been unsuccessful. Ms. McPherson stated the traffic qenerated by the proposed project will increase the qeneral traffic in the area. The petitioner has completed a traffic study of the area. The study indicated that the ADT (averaqe daily trips) generated by the project would be 2,349. One-half of those trips are considered into the site and 1/2 are considered out of the site. The qreatest impact will be 12K pLANNIN(3 COMMISSIOl�T MEBTINa. BEPTEliBgR 12, 1990 p�a�--? felt durinq the eveninq peak hour times between 4:15 - 5:15 p.m. The study determined that 201 trips would be into the site in the evening and 207 trips would be out of the site in the evening. The study also indicated that 73 1/2 Avenue access should remain open as it helps reduce congestion at the 73rd Avenue intersection. It was noted by the traffic consultant that a shoppinq center is a permitted use in the C-3 district and that a shoppinq center would generate about the same traffic during the peak hours and more traffic durinq off-peak hours. Ms. McPherson stated the current riqht-of-way for the frontage road is 40 feet; and a 10 foot street easement should be qranted to the City in order to obtain the proper riqht-of-way for the Viron Road project. Ms. McPherson stated the petitioner has submitted a site plan which meets all the code requirements in reqard to parking and setbacks. The landscape plan will require some minor adjustments. The petitioner is required to submit an irrigation plan and wi12 be required to fulfill the requirements of the Rice Creek Watershed District regarding grading and drainage on and frcm the site. Ms. McPherson stated that with automotive uses, staff must ensure a minimum impact to the residential neighborhood from odor emissions and hazardous waste. The proposed tenants will need to follow the quidelines set by the Environmental Protection Agency regarding odor emissions from painting and auto body repair facilities. Ms. McPherson stated staff recommends the Planning Commission recommend approval of the special use permit, SP #90-15, with the followinq stipulations: 1. The rezoning request, ZOA �90-15, shall be approved. 2. The petitioner shall submit qrading and drainage plans of calculations approved by the Rice Creek Watershed District prior to issuance of the building permit. 3. The petitioner shall submit a revised landscape plan prior to the issuance of a buildinq permit indicating the followinq changes: a. The berm at the intersection of 73 1/2 Avenue and Viron Road shall be reduced. b. Six additional Linden trees shall be added somewhere on the site. c. The wood screening fence alonq the north property line is currently unnecessary. However, the. petitioner shall install a screeninq fence along 12L �Ii7��'dIN(3 COI+I�iI88ION MEETI�"' °O°"14V°°R 12 � 1490 p��'�-� n� . �.�...� the north property line if the existing fence should, for aome reason, be removed or damaged. 4. The petitioner shall submit an irriqation plan prior to the issuance of a building permit. 5. The petitioner shall dedicate a 10 foot easement parallel to the east right-of-way line of Viron Road to the City. 6. The petitioner shaZl combine the lots for tax purposes. 7. There shall be no exterior Btoraqe of junk vehicles, tires, or trailers. Vehicles waiting to be serviced shall be allowed to be stored overnight, provided they are currently licensed and street operable. 8. Auto body repair and painting tenants shall comply with EPA regulations to control odor emissions and hazardous materials. 9. There shall be no repair of automobiles after the hour of 9:00 p.m. l0. Rooftop equipment shall be scre�ned. 11. The petitioner shall submit a comprehensive siqn plan for City Council approval. 12. Tenants which contribute to odor emissions shall be located along the east side of the eastern-most building on the site. 13. The petitioner shall apply for a special nse permit for any auto rental tenants. 14. A park fee of $.023 per square foot shall be paid at the time of building permit. 25. The petitioner shall work with I�1/DOT to stripe a right turn lane to 73 1/2 Avenue on Highway 65. Mr. Mike Schrader stated he is representing the petitioner, A1 Schrader. He stated also with him is Paul Noyes, Construction Consultant. Mr. Schrader stated that, as stated by staff, this property was previously a used car lot, then purchased by the petitioner and was used as a retail mobile home site for a number of years. The property has now been vacant for 2-3 years. Durinq that period of time, a number of reviews of the land were done to determine the highest and best use for the Zand. They also did some demographic studies. They came to the conclusion that tiiey wanted a mixed 12M pLANNINt3 COMMI88ION MEETINCi. 8$PT$I+�BER 12 . 1990 BFiGS _� retail site and an auto mall was suqqested. They reviewed a number of auto malls in town and decided they wanted to combine some old ideas with new ideas. The new idea being the restaurant and the configuration of the buildinq materials. Mr. Schrader stated this property is in a redevelopment area for tax increment financinq. He appeared before the HRA in an effort to obtain tax increment financinq; however, upon meetinq with City Council members, the Council felt it was in the petitioner's best interest to not seek tax increment financinq. They have not done so. Mr. Schrader stated the site would have 26,300 sq. ft. of auto mall and 4,000 sq. ft. free-standinq restaurant. There would be three buildings. Tenants they have under letter of credit for the auto mall make up 15,700 sq. ft., approximately 60$ of the mall. They have Good Year, Mr. Clutch, an auto parts store, an auto glass repair, and an auto rental facility. Country Iiospitality, a franchise of the Country Kitchen group, will have a full service restaurant. Mr. Schrader stated they have no objections to the stipulations recommended by staff. Mr. Kondrick asked about the availability of parkinq if an auto leasing facility is allowed as a tenant. Mr. Schrader stated that if a tenant was leasing autos out of the site, there would not be enough parking. If an auto leasing facility is put into the mall, it would be an office only. The automobiles for lease would be kept off site. The restaurant and the other uses in the mall meet the parking requirements. Ms. Dacy stated the standards staff advised the petitioner to use was the 1- 150 sq. ft. which is very conservative and, if an auto mall was to not operate any more and a retail use went in, there would be adequate parking space. Staff also consulted an Urban Land Institute document regardinq parking requirements for auto malls. Given that auto malls are a recent production of the automotive markets, a lot of zoninq ordinances do not specify ratios. She believed the auto mall will generate a little lower parking demand than retail because the peak hours are morning and afternoon and there are not as many daily trips. Mr. Saba asked about the possibility of a body repair shop or an auto paintinq facility. Mr. Schrader stated there is a qood possibility that they will have an automotive collision repair or paintinq center in the mall. They have discussed the issues regarding keepinq the odors to level of the code and pratectinq the neighboring residents, and they will 12N gl��1v"dING CC1lQII68IOIJ riEETIl1G. BBPTEI��R 1�. 1990 Pl1GE � put these facilities in the easterly building. The buildinqs will be built to the specifications for these types of facilities. Mr. Saba asked about the exterior storage of damaqed vehicles. Mr. Schrader stated they do not intend to store any collision vehicles. On occasion, it might happen, but they do not believe there will be a significant amount of overnight storage of damaged vehicles. They have discussed making sure they have enough square footage of storage inside as �rell as outside for partia2ly damaged and collision vehicles. They do not want to be an eyesore. Mr. Paul Noyes stated they wilZ not be dealing with badly damaged cars. Any damaged cars will be parked along the east side of the property, and those cars would not be seen by anyone driving by. Mr. Mitch DeMars, 1130 Fireside Drive, an owner of the Park Plaza Mobile Home Court, asked about the dirt being hauled onto the site. Is there any chance of contamination in the soil? Mr. Schrader stated they received a permit to bring the soil into the site. He has a contract with the excavator who brought in the soil that there are no contaminants in the soil. Mr. DeMars asked about noise emission from the repair of cars. Mr. Noyes stated most collision centers close at 4:30 p.m.; however, they cannot limit the business to close at that hour. Every business will be closed, other than the restaurant, at 9:00 p.m. Mr. DeMars stated that noise emission and smells are the biggest concerns of the residents of Park Plaza Mobile Home Court. Mr. Schrader stated the mall has been desiqned so that the drive- in doors are all inside the square of the mall. Any doors facing north are drive-through doors. Hopefully, these doors will only be used as an exit function. They cannot govern the hours of operation beyond the limitation of the special use permit which is 9:00 p.m.; however, in their review of other auto malls, most malls operate during reqular business hours. Mr. Schrader stated they have tried to keep any uses that wi12 emit odors on the east side of the property away from the residents of the mobile home court and the restaurant. Mr. Noyes stated that with the new code requirements which filter out odors, he did not believe odor would be a problem. Mr. Betzold stated there is a stipulation restrictinq the closing hour of a repair business to 9:00 p.m. Do t2iey want to restrict the starting time? 120 �LANNING COMMI88ION MBBTINa. BBPTEMB$R 12. 2990 p�►Q� � Ms. Dacy stated the Planning Commission could certainly do that. Mr. Betzold sugqested no repair of automobiles before the hour of 7:00 a.m. Mr. Schrader stated he thought 6:30-7:00 a.m. would be reasonable. Mr. Betzold suggested another stipulation that the special use permit be reviewed in one year. Mr. Betzold also reassured the owners of the Park Plaza Mobile Home Court that he did not see the City doinq anything to extend Viron Road at this time because of the City Council's policy to not displace existinq families or condemn property. Mr. Paul Bodick, 748 Onondaqa Street, stated he has lived at this address for 14 years. He stated he has a beautiful back yard. He is very concerned about the noise. A repair business is allowed to be open until 9:00 p.m. He did not want to be out in his back yard in the eveninq and hear pounding noise. And, it will be difficult for people to sleep in the morninq and on weekends. There will be additionaZ traffic and noise. Mr. Noyes stated the only business on the north side near the residents will be an auto glass repair business. The collision shop will be on the east side by the junkyard. Aqain, he did not think noise will be a prob2em. Mr. Bodick stated any time they have their windows open, they will hear noise. They can hear people talkinq and smell gas from the SuperAmerica Station on 73rd/University Avenue. Mr. Schrader stated this property is zoned C-3, General Shopping, and any business put on that property within that zoning is going to generate a certain amount of noise and odors. The property has either been vacant or been a retail mobile home site or a used car site for a number of years, and it has been a quiet area. However, the auto mall is within the uses allowed in the C-3 zoning. He stated they are sensitive to the neighbors concerns and that is why they designed the mall the way they did. He stated he would be willinq to have a one year review. Mr. Bodick stated that if this special use permit is approved and the auto mall is built, if there is a lot of noise, the neighbors in this area will certainly complain to the City. Ms. Delores DeMars, an owner of the Park Plaza Mobile Home Court, stated it was her understandinq that the restaurant would be open 24 hours, and there would be a bar. She had concerns about the late hours and the servinq of liquor. 12P gL!►NNSNG COI+D�IISSIOl�i ISBBTIIda. BBPTgl�IBSR 12. 1990 P7�►GE 14 Mr. Schrader stated the restaurant Will be Country Hospitality, a family restaurant. In the planninq stage, a pub vas reviewed and decided aqainst, 6o there will not be any "bar". However, the restaurant would like to be able to serve beer and �rine with the meals. At this time, he did not believe the restaurant would be open 24 hours. It will probably close at the standard closing time of 1:00 a.m. Ms. DeMars stated there are several retirees in the mobile home court who have lived there 8- 25 years. These people are used to privacy and somewhat quiet so this will be a qreat change for them. Will there be trees and any kind of noise barrier? Mr. Schrader stated the elevations are different and the mobile home court is a little hiqher than the auto mall site so that will be a natural barrier. There is also the existing fence. He stated the petitioner is mindful of mobile home park residents as he the owner of several mobile home parks and houses, and he wants to do what he can to promote mobile home livinq in the City of Fridley. Ms. Evelyn Bodick, 1138 Onondaga, stated that garages that repair cars put hoses through the garage doors to vent the exhaust fumes. Wi11 they have to put up with exhaust fumes? Mr. Schrader stated that the Iatest and highest level of technology will be incorporated into this auto mall. He believed all the emissions will be throuqh the roof. Ms. Bodick stated the emissions will still be coming into the air. Their bedroom is right next to this property, and they qet the gasoline fumes from SuperAmerica. They can even hear people talking at SuperAmerica in the middle of the night. This is really a disturbance. Mr. Noyes stated that regardinq gasoline emissions, they will not have that with collision repair. Even if one car is started every one-half hour, it is still minimal compared to 80,000 cars a day traveling on Highway 65. And, there will be no repair at night after 9:00 p.m. Ms. Joyce Trebisovsky, stated she is one of the owners of the Park Plaza Mobile Home Court. She stated that Mr. Schrader had said that one of the tenants will be Good Year. She stated that she does business with Good Year. Good Year is open until 9:00 p.m., and they keep their doors open all the time. She is totally concerned about the clean air. There is a lot of traffic in the area already. The cars are totally backed up, especially at 4:00- 4:30 p.m. Ms. Trebisovsky stated she did not understand how the City can allcw acetone which is used to spray paint cars. She is frightened because she knows what damage chemicals can do. She stated there 12Q �LANNIN(3 CO1rIId288ION MEETINO. BEPTEMBEIt 12. 1990 kAGB 15 is the junk yard on the east and that is where all the emissions are supposed to go. If the emissions are released out of the roof, they still qo into the air and over the trailer court raofs. She stated she knows the City needs the tax money, but not at the expense of our lungs. Ms. Trebisovsky stated the Commission has suggested reviewing the special use permit in one year which sounds like they are qoinq to approve it. She could understand proqress, but she did not think this development is reasonable in this area next to residential. OT O by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing for ZOA #90-OS and SP �90-15 by Al Schrader. UPON A VOICE VOTB, 71LL VOTING AYE� CSAIRPERSON BETZOLD DECLARED THE MOTION CARRIED l�ND THB PIIBLIC HEARINGS CL08ED AT 9:05 P.M. Ms. Sherek stated she is really concerned about a collision center/auto body repair shop in the auto mall. They just got an illegal auto body repair shop removed from 73rd Avenue, and the emissions were horrendous. She realized that most af this property is zoned C-3, but there is residential property right next to it, and she thought a collision center is an awful idea. Ms. Dacy stated that one of the four special use permits the petitioner is requestinq is for repair garages. It is within the Commission's purview to specify what uses are permitted and what are not permitted. Mr. Hetzold asked Mr. Schrader what he thought of a possible stipulation to not permit auto repair shops as a special use. Mr. Schrader stated that when the City limits its sphere of potential tenants, it limits their ability to overall lease the mall. They have met with several reputable collision centers in the metropolitan area, and they do not think it would be appropriate for the CIty to limit their ability to lease this potential site. They do not have a signed �ease with a collision center at this time; however, collision centers are larger and would take up a considerable amount of square footage. By not allowing them to lease a collision center, the City would be hampering their ability to make a financially viable mall. It is a limitation they would have a hard time living with. Mr. Kondrick asked what is necessary for someone who will be paintinq cars and emittinq odors. Ms. Dacy stated the tenant will come in for a buildinq permit and as part of the buildinq permit process, the tenant will be required to install a certain venting system (paint booth) which is reviewed by the Fire Inspector. The paint booth will diminish the odor, but there will be some odor that will be emitted. It would be 12R �,LL,�"dING C01�4�I88IOI�T MEETZIJG. B��'TEMBER 12 � 1990 B71QE 16 difficult for either a staff inember or 200$ of the odors will be controlled basis for staff's recommendaticn businesses as far away from the resid The restaurant which is a permitted restaurant will have vents nnd fans, from it also. the petitioner to state that `rom the site. That was the :o locate these types of �ntial property as possible. use also has odors. The but there will be some odor oT ON by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of rezoninq, ZOA #90-05, by Al Schrader, to rezone Lots 7, 8, and 9, Block 1, Central View Manor, from M-1, Light Industrial, to C-3, General Shoppinq, general2y located at 7355 Highway 65 N.E., for the construction of an "auto mall" and a restaurant, with the following stipulations: 1. 2. The parcels shall be combined for tax purposes. The special use permit, SP �90-15, shall be approved. OPON I► VOICE VC1TE, 71LL VOTING AYE, CHl�IRBERBOIi BETZOLD D8CL�IRED THE MOTION CARRIED IINANIMODSLY. Mr. Saba stated he is a little concerned about a review of the special use permit in one year as the petitioner may or may not have the mall fully leased. He would recommend an annual review until the mall is fully leased up to five years. This wou2d also give the neighbors adequate time to coaununicate any concerns or violations of the special use permit to the City. Mr. Saba stated he also shared Ms. Sherek's concern about an auto body repair shop. Ms. Sherek stated that if an auto body repair shop becomes a nuisance in terms of odors, etc., wou2d the City have the power to revoke the whole special use permit, or would it be possible to rectuire a special use permit for an auto body repair shop? Ms. Dacy stated the second option i adopted the MPCA standards on odor standards are not being met by any to base a revocation of the special tenant. 's fine. The City by Code has emissions tenant, the use permit so if any of those City has the power for that particular Ms. Dacy stated when staff looked at this particular application, typically one individual tenant would be coming in at one time to qet a special use permit; but since this is an auto mall where there would be more than one application, they had taken the approach of a blanket penait. Given the concerns about odor and collision repair, she thought it would be appropriate to have these types of businesses apply for a separate special use permit. 12S PLANNZNQ COMMI88ION MEBTINQ, B$PTEMBER 12. i990 PAG$ 17 OTIO by Mr. Rondrick, seconded by Mr. Dahlberg, to recommend to City Council approval of special use permit, SP �90-15, by A1 Schrader, per Section 205.15.O1.C.(4) of the Fridley City Code to allow repair garages; per Section 205.15.O1.C.(5) of the Fridley City Code to allow automobile service stations and motor vehicle fuel and oil dispensinq services; per Section 205.15.O1.C.(6) of the Fridley City Code to allow motor vehicle wash establishments; per Section 205.15.O1.D:(8) of the Fridley City Code to allow exterior storaqe of materials and equipment, all to be located in two buildings as an "auto mall" on Lots 1 through 9, Block 1, Central View Manor, and Lot 3, Block 1, Central View Manor 2nd Addition, qenerally located at 7355 Highway 65 N.E., with the following stipulations: 1. The rezoning request, ZOA #90-05, shall be approved. 2. The petitioner shall submit gradinq and drainage plans of calculations approved by the Rice Creek Watershed District prior to issuance of the building permit. 3. The petitioner shall submit a;evised landscape plan prior to the issuance of the building permit, indicatinq the following changes: 4. 5. 6. A. B. The berm at the intersection of 73 1/2 Avenue and Viron Road shall be reduced. Six additional Linden trees shall be added somewhere on the site. C. The wood screening fence along the north property line is currently unnecessary. However, the petitioner shall install a screeninq fence along the north property line if the existinq fence should for some reason be removed or damaged. The petitioner shall submit an irrigation plan prior to issuance of the building permit. The petitioner shall dedicate a 10 foot easement parallel to the east riqht-of-way line of Viron Road to the City. The petitioner shall combine the lots for tax purposes. 7. There shall be no exterior storage of junk vehicles, tires, or trailer�. Vehicles waitinq to be serviced shall be allowed to be stored overnight, provided they are currently licensed and street operable. 8. Any auto body repair and painting facility and/or detailing facility shall be required to obtain its own special use permit. Auto body repair and painting �LP,NNING COMMISSIOI�1 1sE$TZNti. 88PT8lSBER 12. 1990 P71GE� 9. 10. 11. tenants shall comply with EPA requlations to control odor emissions and ha�ardous materials. There chall be no repair of automobiles before the hour of 7:00 a.m. and after the hour of 9:00 p.m. Rooftop equipment shall be screened. The petitioner shall submit a comprehensive siqn plan for City Council approval. 12. Tenants which contribute to odor emissions shall be located a2ong the east side of the eastern most building on the site. 13. The petitioner shall apply for a special use penait for any auto rental tenants. 14. A park fee of S•023 per square foot shall be paid at the time of building permit. 15. The petitioner shall work with MnDOT to stripe a right turn 2ane to 73 1/2 Avenue on Highway 65. 16. 17. The special use permit shall be reviewed annually up to five years. A copy of the contaminant free soil report sha11 be provided to City staff for approval. 12T UPON 71 VOICE VOTE, ALL 90TING I1YE, CB�IRPERBON BETZOLD DECLliRED THE lIOTION CARRI$D UNANIMOOSLY. Ms. Dacy stated the City Council would have a public hearing on these items on October 15, 1990. 5. ECEIVE AUGUST 1990 RESOURC S ISS O MOTION by Ms. Sherek, seconded by Mr. Saba, to re ve the Auqust 2, 1990, Human Resources Commission minutes. �pON !1 90ICE VOTB, 71LL VOTING 7►YE, CSR ERBON BETZOLD DECLARED THE !lOTZON CARRIED DNANIMOOBLY. 6. CEIVE AUGUST 9 1990 NG D VELO NT UT OR Y �IINUTES : OT ON by Mr. Kondrick, conded by Mr. Dahlberq, to receive tne August 9, 1990, Housin & Redevelapment Authority minutes. UPON !� VOICE VOTE ALL VOTZNG 71YE, CHlIIRPER80N BET80I�D DECL�IRED THE MOTZON C1RRR IINANIMOIIBLY. .rr .� �� ENGfMEERS ! ARGNITECT51 PLANNERS September 6, 1990 35351/ADNAIS CENTER ORN� 5T Pl4UL, MfNNESOfA SSi f0 6t2 490-200Q R1 Schrader, President Hart Custom Homes, Inc. 5501 Lakeland Avenue North Crystal, MN 55429 Dear Mr. Schrader: 12U RE: FRIDLEY, MINNESOTA A, L, S PROPERTIES RESTAURANT AND AUTO SERVICE MALL N.E. CORNER T.H. 65 FRONTAGE ROAD AND 73-1/2 AVENUE NORTH Thank you for the opportunity to review future traffic patterns at the proposed Auto Mall in Fridley at the intersection of T.H. 65 and 73-1/2 Avenue North. According to the site plan provided to us, the proposed project consists of 4,000 square feet of restaurant and 26,300 square feet of auto/service mall. The project is bounded by a two lane service road which dead ends at the northerly project boundary, and 73-1/2 Avenue, which is a two lane city street currently having full access to T.H. 65. T.H. 65 is located west of the service road and consists of two northbound and two southbound lanes with paved shoulders and grass median. Additional transportation facilities in the vicinity include 73rd Avenue with a signalized intersection at T.H. 65. Seventy-third Avenue is a four lane Municipal State-Aid (MSA) street which has one left turn lane, one through lane and one right turn lane in the westbound direction at T.H. 65. A raised median exists between T.H. 65 and the East Service Road. According to the Minnesota Department of Transportation (Mn/DOT), a signal upgrade at T.H. 65 and 73rd Avenue is planned for the spring of 1992. Along with this project, Mn/DOT plans to close the grass median at 73-1/2 Avenue. The purpose of closing this median would be to limit left turn movements to and from T.H. 65 at 73-1/2 Avenue as well as to provide uninterrupted southbound left turn storage along T.H. 65 at 73rd Avenue. This is a practice which is commonly being carried out along many of the trunk highways in the Metro area as Mn/DOT is striving to improve safety and efficiency along these roadways. In order to determine the propose 65/73rd Avenue and T.H. 65/73-1/2 projected average daily, a.m., and p. two intersections. Three scenarios h d project's impact at T.H. Avenue, we have determined m. traffic volumes, at these ave been reviewed: SHORi E:.LIpiT SL PqUL, CHIFPcWA F,4�L, HEND�ICKSO.h' lNC MINNE507A W�SCOPJSI!v Al Schrader September b, 1990 Page #2 1. 2. 3. 12V Full intersection at T.H. 65/73-1/2 Avenue with the median opening as exists today. Right-in/right-out access from 73-1/2 Avenue to T.H. 65 with the median ciosed. Elimination of the intersection of 73-1/2 Avenue and T.H. 65. Under this scenario, 73-1/2 Avenue would "T" into the East Service Road from the east. The attached figures show the traffic volumes at these inter- sections under all three scenarios. In order to determine these traffic volumes it was necessary to identify the trip generation created by the proposed project. For the most part, Institute of Transportation Engineers (ITE) trip generation rates were used to determine trip generetion of the proposed land uses. However, for those land uses involving the servicing of automobiies, trip generation was determined by applying information gathered from the manager of an existing Goodyear Service Station with respect to the average amount of time required to service a vehicie, the proportion customers who wait for their vehicles as opposed to leaving and picking them up later, and the hours of operation. This information was mainly used for the proposed Goodyear Service Station. Trip distribution for the project was partly determined based on the 1986 intersection counts taken at T.H. 65 and 73rd Avenue. The distribution percentages were modified to reflect the proposed land use and new development patterns in the north suburbs. Generally speaking it appears that much of the employee traffic generated to the vicinity of the auto mall uses 73rd Avenue to get to University Avenue where drivers then travel north to Highway 10. This allows a diversion of the Northtown area along Highway 10 which typically experiences severe peak hour congestion. Therefore, the traffic distribution in and out of the area was estimated as follows: T.H. 65 to/from the north 15$ T.H. 65 to/from the south 20$ 73rd Avenue to/from the west 45$ 73rd Avenue to/from the east 17$ 73-1/2 Avenue to/from the east 3� Total 100� As shown in Figure 1, the peak hour projected traffic volumes using the median opening along T.H. 65 at 73-1/2 Avenue to gain 12W A1 Schrader September 6, 1990 Page #3 access to/from the Auto Mall are relatively low. However, this low volume does not support keeping the median open from a safety and highway capacity standpoint along T.H. 65. This is mainly due to the high speed of travel along this major arteriai combined with the ciose proximity of 73rd Avenue. In this situation the short distance between 73rd Avenue and 73-Z/2 Avenue results in a situation where drivers turning left from 73-1/2 Avenue may be preoccupied by watching for gaps in the southbound T.H. 65 traffic and may not observe vehicles turning right from 73rd Avenue to northbound T.H. 65. Furthermore, the southbound left turn movement from T.H. 65 to 73-1/2 Avenue has the potential of reducing the capacity of the southbound left turn lane along T.H. b5 at 73rd Avenue. This would occur when a vehicle waiting to turn left at this intersection is blocking other southbound vehicles in the left turn lane from proceeding to the signaiized intersection at 73rd Avenue. The right turn movements at 73-1/2 Avenue do not result in the same level of concern as the left turn movements at this intersection. However, it should be recognized that there may be potential problems associated with this travel pattern. The largest concern revolves around the northbound right turn from T.H. 65 to 73-1/2 Avenue. Northbound traffic on T.H. 65 moves at roughly 55 mph. This high-speed traffic combined with high peak hour volumes will result in drivers who are pushing their speed to get through the T.H. 65/73rd Avenue traffic signai. Therefore, traffic slowing down immediately north of the intersection to turn right at 73-1/2 Avenue will increase the likelihood of rear end collisions. The existing paved shoulder would be adequate to stripe a right turn lane between 73rd Avenue and 73-1/2 Avenue. This will reduce the slowing of traffic which occurs in the through iane on T.H. 65. Retaining the right-in/right-out of 73-1/2 Avenue and T.H. 65 is recommended due to the fact that this reduces the volume of traffic turning left from eastbound 73rd Avenue onto the east service road. A heavy eastbound left turn movement at this location is undesirable due to the backup of westbound traffic which stacks on 73rd Avenue at the T.H. 65 traffic signal. During peak hours it is likely that the project traffic added to the existing traffic volume will stack beyond the intersection of 73rd Avenue and the east service road Therefore, reducing the eastbound left turn movement onto the east service road by retaining the northbound right at 73-1/2 Avenue will benefit the system as a whole. 12X A1 Schrader September 6, 1990 Page #4 As can be sesn in Figures 2 and 3, providing the right turn ingress at 73-1/2 Avenue wi12 reduce the p.m. peak hour volume of traffic turning left from 73rd Avenue onto the East Service Road from approximately 160 to 79 vehicles. A similar reduction is likely during the a.m. peak hour. However, the a.m. peak is not as critical since the volume of westbound vehicles at the intersection of 73rd Avenue and T.H. 65 is significantly Iess than during the p.m. peak hour. If you have further questions regarding the treffic patterns in the vicinity of this project, please do not hesitate to contact either Glen Van Wormer at 490-2045 or myself at 490-2071. Sincerely, r �� - n C,�'�? , �- . r v Cindy ay, Transportation Planner CRG/cih cc: Paul Noyes, CPM, Inc. Glen Van Wormer �_, * � r a � � � N .� 1 N � m N r T � � � � � � � � t— 352/13/41 77/4/25 � � ar� N m � n d �-- 476/26/84 211/12/37 264/34/45 --� � (" 1 264/34/45 --� M �r �� ao � N � � N � � N 12Y t �-- AVERAGE DALY/AM/PM TRAFFIC V�OLL�uF'� ` m N � lh � M � °o N 341 /44/5.8-=� I �" 200/26/34 PROJECT TRAFFIC V'OI.UMES AT T.H.65 / 73rd AVENUE AND T.H.65 / 73 1/2 AVENUE WITH MEDIAN OPE�NNG ,�► FRIDLEY, MINNESOTA - A,L,S, PROPERTIES ENG�N� �N/TECTS / PLNNNFRS RESTAURANT AND AUTO/SERVICE MALL 7$400 � PROJECT TRAFFIC VOLUMES AT T.H.65 / 73rd AVENUE AND 73 1/2 AVEf� WITH CLOSED MEDIAN AT 73 1/2 AVENUE. (RT. Ml / RT. OUT AT 73 1/2 AVENUE) / FRIDLEY, MINNESOTA - A,L,S, PROPERTlES � ENGINFER5 � pacHrrecrs � vLI�IYNERS RESTAURANT' AND AUTO/SERVlCE MALL 12Z ��, .•. _ . �-. avenue �venue �s000. L �� J ' 0 co M N � m � r � 0 � � � W 12AA ��-- Av�� aaur�aM�+ �n�c v�ou�s i-' m N � th '� �--35/5/6 � 352/ 13/41 �--529/29/105 r-288/ 16/62 528/68/90--� � 0 a � .- � � � N � - - FNG/NEERS � ARCNITECT51 oIANNERS � � r- °a N 939/ 122/ 160--� �-- 200/26/34 73 1/2 Avenue PROJECT TRAFFIC VOLUMES AT T.H.65 / 73rd AVENUE WITH NO INTERSECTION OF T.H.65 / 73 1/2 AVENUE FRIDLEY, MINNESOTA FILE N( 78000 A,L,S PROPERTIES FIGURE RESTAURANT AND AUTO/SERVlCE MALL 3 SP 4�90-15 A1 Schrader 1 ?RR ZONING MAP _''��.-� �« « <ti �;� �� : st �a ai. fi *_ _ � tt 3� t=! t= i a' _ ' ti i�i �p � i � re • e� a ! � ��i i1 €i �i E�E ! � i �Ti � � ,<' li '��I � 1►�. �� iOVOt! 3JlAH3S 1SV3 SP 4�90-IS A1 Schrader 1 2 CC °-- � � . 3NYl GNOOY N1bON .-._._.'. ---- � � - 46 JIYMHf►IH � • Nl N 4 R � � Y Z � — --- �++ � SITE PLAN � � i � � � �� F � ` � � � � �� '�� i � � � � �` L`� '� � s �,� �� 2� ��3 �; � � < W<� V O W � O S ¢ < .• n� .._.. _ + II �_ r ( � — � � �_ ` I � � I� � U �- � � I o Q _ No ,— _ �o � ��.� � _ y — O � o ' J I_ � - — W U 4 ' � > O � y %� W o -- � °n � � � � � �� O O `�j � , I � �� ► � ��: .�, ��f' �� I�!)I � � T ��I �N !11�`� �� , �.. , �� i — I r"z �:f < � -- _ . � 1 - � _ '� � t ` t/ / 1�p / , � �, � ' F -ti � W s = OVOtl �alAtl3S 1SV3 �� "° �__. __ � � 3NYl ON(lOB N1tlON 49 JlYN1H�JIH SP ��90-]5 A1 Schrader N1 N r-- = 8 � �� J Y d u W ° a t U W 2 < J LANDSCAPE PLAN � � cinroF Fr��r C011/tMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE : October 11, 1990 l`,�► � �A TO: William Burns, City Manager fi' FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #90-16, by David Slovensky Attached is the staff report for the above-referenced request. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. 2. 3. Access to the second accessory building shall be through the existing driveway. There shall be no home occupation in the second accessory building. The accessory building shall be architecturally compatible with the existing dwelling unit. 4. The driveway issue shall be reviewed in two years. The petitioner shall provide a hardsurface driveway for the existing garage within one year of Anoka County completing the East River Road improvement. Staff recommends that the City CounciZ concur with the Planning Commission action. MM/dn M-90-732 13 - 13A � STAFF REPORT APPEALS DATE � j'� OF p�,q1�NG CON�VpSSiON DATE : S e p t emb e r z b, 19 9 0 FiZ! DLEY CITY COUWCII DATE : Oc t ob e r 15 , 19 9 0 MITNOR �/ dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST �oca-riorv SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING UTUTE$ PARK DEDICATION ANALYSIS FlNANCIAL IMPUCATIONS ' CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES � ZONNG ENVIRONMENTAL con��a�oNs STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP 4�90-16 David Slovensky To allow construction of a second accessory building, over 240 square feet. 7234 East River Road N.E. 26,445 square feet R-1, Single Family Dwelling R-1, Single Family Dwelling to the North, South, East, and West N/A N/A Yes Yes N/A Approval with stipulations Approval with stipulations � - -- . 13B Staff Report SP #90-16, David Slovensky Page 2 Re,guest The petitioner, David Slovensky, is requesting a special use perrait to allow the construction of a second accessory building over 240 square feet. It is the petitioner's intent to store his boat, lawn mower, and miscellaneous items in the second accessory building, which will replace two existing metal storaqe sheds currently on the property. The request is for Lot 29, Block 1, Oak Creek Addition, the same being 7234 East River Road N.E. Site The parcel is located at the southwest corner of the intersection of Logan Parkway and East River Road. There is a single family dwelling unit with an attached, two car garage on the parcel. The parcel is zoned R-1, Single Family Dwelling, as are adjacent parcels to the north, south, east, and west. Analysis The petitioner, by requesting the special use permit to construct the second accessory building, will eliminate the need for two metal storage sheds currently located at the rear of the parcel. Staff analyzed the parcel and determined that with the proposed accessory building, the lot coverage is only 8.6�. The petitioner's lot is quite large (26,445 square feet) and there will be adequate space between the proposed accessory building and adjacent parcels (see attached site plan). In addition, the petitioner will not need to provide a second driveway to the proposed accessory building; access to the structure will be from the existing driveway. The petitioner's existing driveway is only partially paved. Section 205.07.06.A.(2) of the zoning code requires all driveways to be surfaced with blacktop, concrete, or other hardsurface material. Anoka County has been improving East River Road to accommodate increased levels of traffic. This improvement requires an increase in the amount of right-of-way from 50 feet to 100 feet. The section of road in front of the petitioner's lot will be improved in the next few years, and the petitioner will need to grant an easement for additional right-of-way for this improvement. The County has not submitted its improvement plans to staff, so the width of the easement is not known. Recommendation and Stipulations As the proposed accessory building will have a minimum impact on the adjacent properties, staff recommends that the Planning Commission recommend approval of the special use permit request, 13C Staff Report SP #90-16, David Slovensky Page 3 SP #90-16, for a second accessory building, with the following stipulations: 1. Access to the second accessory building shall be through the existing driveway. 2. The petitioner shall work with staff to grant the easements needed for additional right-of-way for Anoka County to expand East River Road. 3. There shall be no home occupation in the second accessory building. 4. The accessory building shall be architecturally compatible with the existing dwelling unit. 5. The petitioner shall provide a hardsurface driveway for the existing garage by September 30, 1991. PlanninQ Commission Action The Planning Commission voted to recommend approval of the request with the following amended stipulations: 1. Access to the second accessory building shall be through the existing driveway. 2. There shall be no home occupation in the second accessory building. 3. The accessory building shall be architecturally compatible with the existing dwelling unit. 4. The driveway issue shall be reviewed in two years. The petitioner shall provide a hardsurface driveway for the existing garage within one year of Anoka County completing the East River Road improvement. City Council Recommendation Staff recommends that the City Cauncil concur with the Planning Commission action. 13D PLANNING COI�II�IBSION 1rISBTTNG, OCTOBSR 10, 1990 PAGE 5 might be profitable for Sears or the property owner to add onto the building and correct the situation. Mr. Bushey stated there are a lot of lives involved, he and his family included, and he is going to be trying very hard in the next four years to make it work. But, right now, they do not know what will happen in four years. In the meantime, Sears management is also pursuing another Fridley location. Mr. Betzold stated that maybe the Commission should deny the special use permit, and that will force the issue with Sears. Ms. Modi.g stated she did not agree. This is a business that has been in Fridley for 20 years. If they deny the special use permit and force the issue, they may lose Sears altogether. There are too many vacant buildings in Fridley now. She would be in favor of approving the special use permit with the stipulation that it be reviewed in four years, and then maybe something more permanent can be done at that time. MOTION by Ms. Sherek, seconded by Ms. Modig, to recommend to City Council approval of special use permit, SP #90-06, by Bob Bushey of Sears Outlet, per Section 205.15.O1.D.(8) of the Fridley City Code, to allow exterior storage of materials on Lot 1, Block 1, Shorewood Plaza, generally located at 1000 East Moore Lake Drive N.E., with the following stipulations: 1. There shall be no more than one live and three dropped trailers located at the rear of the Sears Outlet building at any time. 2. The petitioner shall work with staff on appropriate screening and landscaping and the appropriate location for the screening at the west end of the building. 3. The special use permit shall be reviewed in four years or sooner if the tenant leaves or any expansion of the building is undertaken. IIPON A VOICS VOTL, l�I�L VOTING AYE, CHAIRP8R80N BETZOLD DECLARED THE MOTION CARRIBD UNANIMOUBLY. Ms. McPherson stated this item will go to City Council on Monday, October 15, 1990. 2. �UBLIC HEARING. CONSIDERATION OF SPECIAL USE PERMIT SP #90- i6 BY DAVID AND VALERIA SLOVENSKY: Per Section 205.07.O1.C.(1) of the Fridley City Code, to allow a second accessory building, over 240 square feet, on Lot 29, Block 1, Oak Creek Addition, generally Iocated at 7234 East River Road N.E. 13E pLANNING COMMISSION MBETINa, OCTOBBR 10. 1990 PAGE 6 MOTION by Ms. Modig, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. OPON A VOICB VOTB, ALL VOTING l�YE, CHAIRPER80N BBTZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARINQ OPEN !�T 8:05 P.M. Ms. McPherson stated the.petitioner is requesting a special use permit to allow the construction of a second accessory building over 240 sq. ft. The property is located at the intersection of East River Road and Logan Parkway. The property is zoned R-1, Single Family Dwelling. Currently on the site is a single family dwelling with an attached two car garage. Ms. McPherson stated the proposed second accessory building will be located adjacent to the garage area of the existing dwelling unit and will be used to store the petitioner's boat, trailer, Iawn mower, and miscellaneous items. The petitioner will be accessing the second accessory building from the existing driveway which currently accesses East River Road. The petitioner's driveway is only partially paved and should be paved based on the Zoning Code requirements. Ms. McPherson stated the petitioner's lot is larger than the average lot in the City of Fridley. The lot coverage with the proposed accessory building is approximately 8.6�. Ms. McPherson stated Anoka County has been slowly improving East River Road to accommodate increase levels of traffic. The improvement requires an increase in the amount of right-of-way from the existing 50 feet to approximately 100-120 feet. In speaking with Anoka County staff, this is actually a federally funded improvement proj ect, and they have not yet started the constreiction drawings for this portion of East River Road. The amount of additional right-of-way that will needed is not known at this time. Ms. McPherson stated the petitioner will need to grant easements for the additional right-of-way for the expansion of East River Road at some point in the future. The expansion has been scheduled for either the 1992 or 1993 construction season. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the special use permit request as the proposed second accessory building will have a minimum impact on the petitioner's lot and on adjacent properties. Staff is recommending five stipulations: 1. Access to the second accessory driveway shall be through the existing driveway. 2. The petitioner shall work with staff to grant the easements needed for additional riqht-of-way for Anoka County to expand East River Road. 13F pLANNING COMMISSION MEBTING, OCTOBER 10. 1990 PAGE 7 3. There shall be no home occupation in the second accessory building. 4. The accessory building shall be architecturally compatible with the existing dwelling unit. 5. The petitioner shall provide a hard surface driveway for the existing garage by September 30, 1991. Mr. Dahlberg asked about the intent of stipulation #2 relative to easements needed for additional right-of-way for the expansion of East River Road. He stated the reason he is asking this is because he lives on East River Road, and the County actually purchased property from him to expand the road. It was not a question of an easement. Because of the expansion, his property is now nonconforming as far as the front yard setback. Ms. Dacy asked if Mr. Dahlberg is saying that it could be inferred from this stipulation that the property owner would grant easements with no compensation from the County? And, by eliminating that stipulation, then there is no issue and the County has to approach Mr. Slovensky? Mr. Dahlberg stated that is correct. He stated it is in Mr. Slovensky's best interest to have the County come to him. If this stipulation runs with the special use permit, then potentially the City has to be involved in whatever negotiations occur relative to the County acquiring property or acquiring easements. He did not think that type of City involvement is suitable. Ms. Dacy stated Mr. Dahlberg has a very good point. She stated staff's intent was to make sure that the easement is somehow conveyed, but she agreed that the City may not want to be caught in the middle of any acquisition issue. Mr. Betzold agreed. The County can always go through the condemnation process if they cannot acquire the property. Mr. Dahlberg stated it might be appropriate to have something in the stipulatian relative to noncompliance to setbacks, because of the property taken by the County. As in his case, if he wants to put on an addition to his house, he is restricted because he is now nonconforming relative to the front yard setback. Mr. Slovensky stated he would like to address stipulation #5. He added onto his garage about six years ago. He added on a 12 ft. x 20 ft. gravel section for parking his truck. The fifth stipulation is requiring him to hard surface his driveway by September 30, 1991. He would prefer to wait until the County widens East River Road so that he can tie his driveway in at that time. He stated he could hard surface his driveway now, but would 13G pLANNING COMMIBSION MEBTING, OCTOBBR 10. 1990 PAQE 8 have to tear it up again when the Caunty expands East River Road. The County resurfaced East River Road about 6-8 years ago, and the pavement is 2-3 inches above his driveway now. Mr. Dahlberg stated Mr. Slovensky has certainly done a nice job of being conscious of how his property looks and in screening outside storage items. He did.not have a problem with delaying the completion date for the hard surface driveway. Mr. Betzold suggested that staff review the status of the East River Road expansion in two years and then put a cap of one year after the expansion is completed for the driveway to be completed. MOTION by Mr. Dahlberg, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTINQ AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUHLIC HEARING CLOSED AT 8:25 P.M. MOTION by Ms. Sherek, seconded by Ms. Modig, to recommend to City Council approval of special use permit, SP #90-16, by David and Valeria Slovensky, per Section 205.07.O1.C.(1} of the Fridley City Gode, to allow a second accessory building, over 240 square feet, on Lot 29, Block 1, Oak Creek Addition, qenerally located at 7234 East River Road N.E., with the following stipulations: 1. Access to the second accessory driveway shall be through the existing driveway. 2. There shall be no home occupation in the second accessory building. 3. The accessory building shall be architecturally compatible with the existing dwelling unit. 4. Staff shall review the driveway issue in two years, and the petitioner shall provide a hard surface driveway for the existing garage within one year after the completion of the East River Road upgrade. DPON A DOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE 1+IOTION CARRIED IINANIMOUSLY. 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LOCATtON MAP _� SP 4190-16 David Slovensky � �, �� ' �� ;� � , � Q� � I"�� %v �, � 0 ZONING MAP SP 4190-16 SiTE PLAN SP 4I90-16 David Slovensky � 31! n SiDE ELEVATION SP �690-16 FRONT ELEVATION r �► c�nroF F�� CC311ItMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: October 11, 1990 � ,� - To: William Burns, City Manager �' 13M FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #90-06, by Bob Bushey of Sears Outlet Attached is the staff report for the above-referenced request. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. � 3. There shall be no more than one "live" and three dropped trailers located at the rear of the Sears building. The petitioner shall work with staff to develop and install a screening plan using fencing and landscaping. The special use permit shall be reviewed in four years, or sooner if the tenant leaves. Staff recommends that the City Council deny the request as there is no effective way to screen the trailers to comply with the ordinance requirements. If the City Council should approve the request, staff recommends that the City Council concur with the stipulations recommended by the Planning Commission. MM/dn M-90-733 � 13N � STAFF REPORT APPEALS DATE C��jY'QF PLAIV+�NG COA�SSION DATE : May 30, 1990 ; June zo, 1990 ; � FRlDLEY CITY COt�VqL DATE : September 26, 199Q�� dn ]0/15/90 REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST �ocaT�oN SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONNG UTUTES PARK DEDICATION ANALYSIS F�lANCIAL IMPLJCATIONS CONFORMANCE TO COMPREf�E1VSNE PLAN COMPAT�ILITY WITH ADJACENT USES � ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATlON APPEALS REC4MMENDATION PLANNING COMMISSION RECOMMENDATION SP 4�90-06 Bob Bushey, Manager of Sears Outlet To allow the outside storage of five semi-truck trailers 1000 East Moore Lake Drive N.E. 85,350 square feet C-3, General Shopping Center North, East, and South- C-3, General Shopping Center; West-Aighway 65 N/A No No Approval with stipulations Approval with stipulations 130 Staff Report SP #`�0-06, Sears Outlet Store Page 2 Request Bob Bushey, manager of the Sears outlet store located at 1000 East Moore Lake Drive N.E., is,requesting that a special use permit be granted in order to park up to 5 semi-truck trailers at the rear of the Sears store. The legal description for this parcel is Lot 1, Block 1, Shorewood Plaza. Site Located on the site is the Sear store. The store recently received a"face lift" through various outside improvements. The entire area from Highway 65 to Central Avenue, and from 63rd Avenue to the Shorewood Inn is zoned C-3, General Shopping Center District. Analysis Mr. Bushey has indicated to staff that the semi-truck trailers are an integral part of his operation. However, Mr. Bushey signed a building permit on October 26, 1989 which stipulated that he remove the semi-truck trailers from the site on or before November 17, 1989 (see attached building permit). The Code Enforcement Officer, Steve Barg, has been working with both Mr. Bushey and Mr. Applebaum, owner of the parcel, on the removal of these trailers. Mr. Bushey was told that he could either remove the trailers as per the building permit stipulation, or apply for a special use permit (see attached letters). Section 205.15.07.D.(5) of the Fridley Zoning Code requires the screening of loading areas adjacent to the public right-of-way. As the rear of the Sears building can be seen from the Highway 65 right-of-way, the code would require that this area be screened. However, as this area also serves as a parking area and traffic access to the parcel, there is no efficient way to screen the proposed trailers from the public right-of-way in order to comply with the code requirement. The location and arrangement of the trailers create both a visibility and an access problem. It is difficult to see traffic from the other side of the trailers, and the driving lane is narrowed. Section 205.15.07.D.(10) of the zoning code allows overnight parking of motor vehicles necessary to the operation of the principle use without screening only if they are not readily visible from the public right-of-way. Again, as was stated previously, this loading and storage area is highly visible from the public right-of-way, therefore, the code would require that this area be screened. Also, as the trailers are consistently parked overnight, the "loading area" functians as a storage area. 13P Staff Report SP #90-06, Sears Outlet Store Page 3 In addition to the above noncompliance situations, the storage trailers are inconsistent with the goals and objectives for Tax Increment District #2. Goal "K" states: "to promote sound land use development procedures, including area design standards, landscaping, and lighting standards, architectural review of new developments and such standards that may be developed that promote sound land resource management". These storage trai2ers are inconsistent with the area design standards that were developed for the remainder of the parcels within.the district. The remaining building (Shorewood Shopping Center) has also been remodeled consistent with the design of the new office/shopping center building. The semi-truck trailers are a direct contrast; an example of what the redevelopment district strives to remove through the district's goals and objectives. Recommendation for Mav 30 1990 Plannin� Commission MeetinQ Because of the high visibility of the trailers from the public right-of-way and the Shorewood Inn, the negative impact on traffic, access and parking, and no effective method of screening, staff recommends that the Planning Commission recommend denial of the special use permit request, SP #90-06, to the City Council. Update after Mav 30 1990 Planninq Commission Meetina The Planning Commission tabled action on this item in order for the petitioner to explore a building expansion alternative to eliminate the need for five trailers. Staff inet with the petitioner and the owner, on Wednesday, June 6, 1990 and determined that there was area to expand the Sears store to provide additional storage area. A proposed site plan was developed to present to the Planning Commission on June 20, 1990. Update after June 20 1990 Planninct Commission Meetinct The Planning Commission voted to table the special use permit request for 90 days to allow Bob Bushey to find out if Sears' upper management would authorize the building expansion. The 90 days have now expired, and staff contacted Mr. Bushey on Thursday, September 13, 1990 to determine the status of the proposed expansion. Mr. Bushey stated that Sears management would not authori2e any expansions in 1991. The second outlet store in the Shorewood Shopping Center has opened; however, Mr. Bushey indicated that he would still need one "live" trailer at the loading dock and two dropped trailers for storage. 13C� Staff Report SP #90-06, Sears Outlet Store Page 4 Recommendation for September 26 1990 Plannina Commission Meetinct The petitioner has dropped trailers to consistent with the 3Q, 1990 meeting. reduced his request from one "live" and five one "live" and two dropped trailers, which is Planning Commission's discussion at their May However, there is no effective method of screening the trailers to meet the ordinance requirement resulting in a negative impact on traffic, access and parking. For these reasons, staff recommends that the Planning Commission recommend denial of the request to the City Council. If the Commission chooses to approve the request, staff recommends the following stipulation: 1. There shall be no more than one "live" and two dropped trailers located at the rear of the Sears building. Planninct Commission Action Prior to the September 26, 1990 Planning Commission meeting, staff met with the petitioner on site to discuss screening alternatives, the types of trailers that could be used, and at that time, the petitioner increased his request to one "live" and three dropped trailers. The Planning Commission voted unanimously to recommend approval of the request with the following stipulations: 1. 2. 3. There shall be no more than one "live" and three dropped trailers located at the rear of the Sears building. The petitioner shall work with staff to develop and install a screening plan using fencing and landscaping. The special use permit shall be reviewed in four years, or sooner if the tenant leaves. City Council Recommendation As there is no effective method of screening the trailers to meet the ordinance, staff recommends that the City Council deny the request. However, if the City Council chooses to approve the request, staff recommends that the City Council concur with the Planning Commission action. 13R CITY OF FRIDLEY PLANNING COMMI88ION MB$TIN(3, OCTOB$R 10, 1990 w.+.w.rw. w.wwwwww.www.w.w..�ww.w.�rwww�w..rw.wwrw..rw.w�.w��.ww.w.w.�.w.wrw.�.w.w1w.ww�wr►wl.w.w.+w�rwww�w.wrwr CALL TO ORDER• Chairperson Betzold called the October 10, 1990, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Don Betzold, Sue Sherek, Paul Dahlberg, Connie Modig Dave Kondrick, Dean Saba, Diane Savage Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Bob Bushey, Sears Outlet David Slovensky, 7234 East River Road APPROVAL OF SEPTEMBER 12 1990. PLANNING COMMISSION MINUTES: MOTION by Mr. Dahlberg, seconded by Ms. Sherek, to approve the September Z2, 1990, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. CONSIDERATION OF SPECIAL USE PERMIT SP #90-06 BY BOB BUSHEY OF SEARS OUTLET• Per Section 205.15.O1.D. (8) of the Fridley City Code, to allow exterior storage of materials on Lot 1, Block 1, Shorewood Plaza, generally located at 1000 East Moore Lake Drive N.E. MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to remove this item from the table and to reopen the public hearing. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:37 P.M. Ms. McPherson stated that this special use permit request first came before the Planning Commission on May 30, 1990. At that time, the petitioner indicated the existence of approximately five trailers at the rear of the property that were needed in order to provide additional storage area for the Sears Outlet. At that meeting, staff recommended that the Planning Commission recommend denial of the request, based on negative impacts to the area and 13S PLANNING COMMI88ION MEBTING, OCTOBER 10. 1990 PAGE 2 the inability of these trailers to be screened according to the requirements of the Zoning Code. Ms. McPherson stated that the Planning Gommission tabled the item to allow the petitioner time to explore a building expansion alternative to eliminate the need for five trailers. Staff inet with the petitioner and the building owner on June 6, 1990, to discuss the expansion alternative. A proposed site plan was developed to present to the Planning Gommission on June 20, 1990. Ms. McPherson stated that on June 20, 1990, the Planning Commission again voted to table the request for 90 days to allow the petitioner to find out if Sears management would authorize the building expansion. Also, at that time, the petitioner indicated they would be leasing additional space in the shopping center across the street. Ms. McPherson stated that on September 13, 1990, staff contacted the petitioner to determine the status of the proposed expansion. At that time, the petitioner indicated that Sears management would not be authorizing any expansions for 1991. The petitioner also indicated that his request would be reduced to one live trailer located at the loading dock and two dropped trailers for storage. Ms. McPherson stated there is still no effective method of screening the trailers to meet the ordinance requirements. This results in a negative impact on traffic, access, and parking. Staff again recommends that the Planning Commission recommend denial of the request to the City Council. However, if the Commission chooses to approve the request, staff recommends the following stipulation: 1. There shall be no more than one live and two dropped trailers located at the rear of the Sears Outlet building. Ms. McPherson stated that in a discussion with �staff prior to the September 26, 1990, meeting which was cancelled due to a lack of a quorum, the petitioner indicated that three dropped trailers (low boy-type trailers without wheels) were actually needed in addition to the one live trailer located at the loading dock. Mr. Bob Bushey stated they have opened Sears Outlet 2 across the street and that has helped alleviate some of the need for trailers; however, not totally. Last month, he made a concerted effort to try and eliminate the trailers. He got down to one low boy trailer and one live trailer, but this had a dramatic impact on their business volume. Sales were down 14� which represents about $100,000 in sales. He did not think he can get along without any trailers. 13T P7�ANNING COMMIBSION M8$TING, OCTOBER 10, 1990 PAGE 3 Ms. Bushey stated that Ms. Dacy and he have looked at some alternatives to see if there is a way of screening the low boy trailers. Mr. Bushey stated they get loads from Kansas City loaded for one store. So, they are shuttling loads of inerchandise to the Sears Outlet 2 store which necessitates one of the trailers being on wheels. The live trailers are charged trailers; and if he doesn't get rid of those within 48 hours, he has to pay $50/day for rental. He would like to rent trailers from a local rental place and have one on wheels to shuttle merchandise across the street. Mr. Bushey stated one of the reasons Sears management decided against any expansion is because the Sears Outlet store has a four year lease. There is some possibility that in four years, they may not be able to renew their lease. With that possibility, it is very uneconomical for Sears to expand. Also, any expansion would not be big enough to pay for itself. Mr. Betzold stated that if they approve the special use permit, can they limit the special use permit to four years when the lease is up? Ms. Dacy stated the Commission could stipulate that the special use permit be reviewed in four years. Once the special use permit is granted by the Council, it will run with the property unless the Council finds reasons to revoke it. Ms. Dacy stated it is pretty clear that there is absolutely no way to screen all the trailers from Highway 65 or northbound on Highway 65 from the Shorewood lot. Some of the things she and Mr. Bushey discussed to minimize the view was a chain link fence with slats/wood fence in a north/south fashion or at the west end of the building. The problem with the chain link fence is that the trucks need quite a lot of area to back up, so they cannot have any blockage. Some type of fencing at the west end of the building may help; however, it might take away some parking spaces. Mr. Dahlberg asked about the approximate location of the existing trees. Ms. Dacy stated there are three very large trees behind the building. Mr. Bushey stated the trees are about 50 feet from the west side of the building at the rear. Mr. Bushey stated he would not have a problem with building a berm with a fence if that is what the City wants. It would be easy to landscape if it was Iined up with the edge of the building. 13U PLANNING COMMI88ION MBETING. OCTOBBR 10. 1990 PAQE 4 Ms. Dacy stated there are three options for the Commission to consider with this special use permit request: 1. Denial of the special use permit 2. Approval of the special use permit with no stipulations or stipulation recommend by staff 3. Approval of the special use permit with two stipulations: (1) the petitioner work with staff to install suitable screening at the west end of the building; (2) the special use permit be reviewed in four years MOTION by Ms. Sherek, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARING CLOBSD AT 7550 P.M. Mr. Dahlberg stated screening seems to be a viable option. In lieu of Sear's position with a four year lease, it did not seem in Sears' best interest to spend dollars on a building when the future is uncertain. He believed a landscape treatment in combination with a fence would be more palatable than just a chain link fence with slats or a wood fence. He is nat sure where this screening should be located. The farther away the fence is located from the element being screened, the less effective it is. To be effective, the fence should be right next to the element being screened. If staff is able to work with the petitioner to determine the most appropriate location for a screening element, that would be an option to consider. Ms. Sherek stated the other option is reviewing the special use permit in four years. Normally, a special use permit runs with the property but in the past, the Commission has stipulated that a special use permit be limited to a certain tenant. Ms. Dacy stated the Commission could do that if they wanted. Mr. Betzold stated he certainly does not like the existing situation at Sears. The rest of the area is looking very nice, and this is an eyesore. He would like to see the trailers eliminated; but if that shuts down the business, then that is too drastic. Based on Mr. Bushey's comments that the store may not be able to renew its lease in four years, he could put up with this a little longer and would be in favor of some type of screening. However, he would not support it if he knew the store was going to be there 10 years from now. Mr. Dahlberg stated he would be in favor of the stipulation for the special use permit to be reviewed in four years. Then, if the tenant is able to renew the lease and remain in this location, it �3v PLANNING COMMISSION M$BTZNG, OCTOB$R 10. 1990 PAGE 5 might be prof itable for 3ears or the property owner to add onto the building and correct the situation. Mr. Bushey stated there are a lot of lives involved, he and his family included, and he is going to be trying very hard in the next four years to make it work. But, right now, they do not know what will happen in four years. In the meantime, Sears management is also pursuing another Fridley location. Mr. Betzold stated that maybe the Commission should deny the special use permit, and that will force the issue with Sears. Ms. Modig stated she did not agree. This is a business that has been in Fridley for 20 years. If they deny the special use permit and force the issue, they may lose Sears altogether. There are too many vacant buildings in Fridley now. She would be in favor of approving the special use permit with the stipulation that it be reviewed in four years, and then maybe something more permanent can be done at that time. MOTION by Ms. Sherek, seconded by Ms. Modig, to recommend to City Council approval of special use permit, SP #90-06, by Bob Bushey of Sears Outlet, per Section 205.15.O1.D.(8) of the Fridley City Code, to allow exterior storage of materials on Lot 1, Block 1, Shorewood Plaza, generally located at 1000 East Moore Lake Drive N.E., with the following stipulations: 1. There shall be�no more than one live and three dropped trailers located at the rear of the Sears Outlet building at any time. 2. The petitioner shall work with staff on appropriate screening and landscaping and the appropriate location for the screening at the west end of the building. 3. The special use permit shall be reviewed in four years or sooner if the tenant leaves or any expansion of the building is undertaken. OPON A VOICE `TOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED. THE MOTION CARRIED IINANIMOOSLY. Ms. McPherson stated this item will go to City Council on Monday, October Z5, 1990. 2. PUBLIC HEARING• CONSIDERATION OF SPECIAL USE PERMIT. SP #90- 16 BY DAVID AND VALERIA SLOVENSKY: Per Section 205.07.O1.C.(1) of the Fridley City Code, to allow a second accessory building, over 240 square feet, on Lot 29, Block 1, Oak Creek Addition, generally located at 7234 East River Road N.E. CITY OF FRIDLEY pLANNING COMMIBSION MEETING, l�LAY 30, 1990 �3W rwr..,.. r.►ww.�....�wa.a�.r.r.�.n�rrwwr�.n.�.��r�.w.�.�w.w.�.►a.�..r..��.w.�rww..r�.w.�w.r�.�.w�.�.•.�..�.w.�.w. CALL TO ORDER• Vice-Chairperson Kondrick called the May 30, � C.ommission meeting to order at 7:3o p.m. �OLL CALL• Members Present: Members Absent: Dave Kondrick, Dean S a, Sue Sherek, Paul Dahlberg, Dia Savage Don Betzold Planning Others Present: Barbara cy, Planning Coordinator Miche McPherson, Planning Assistant Bob ushey, Sears Outlet Store . Pat Bozony, 479 - 79th Way N.E. ouq Erickson, Fridley Focus MOTION y Mr. Dahlberg, seconded by Mr. Saba, to approve the May 16, 90, Planning Commission minutes as written. �Td'�ON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR DECLARED THE MOTION CARRIED IINANIMOUSLY. l. PUBLIC EARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #90 06 BY ROBERT BUSHEY FOR SEARS OUTLET__STORE: Per Section 205.15.1.C.(8) of the Fridley City Code to allow exterior storage of materials on Lot 1, Block 1, Shorewood Plaza, generally located at 1000 East Moore Lake Drive N.E. MOTION by Ms. Savage, seconded by Mr. Saba, to open the public hearing. ` UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR DECLARED THE MOTION CARRIED iTNANIMOUSLY AND THE PUBLIG HEARING OPEN AT 7:32. Ms. McPherson stated this property is located at 1000 East Moore Lake Drive, at the corner of the intersection of East Moore Lake Drive and Highway 65. The entire site is zoned G-3, General Shopping, as is the Northwest Racquet and Swim Club to the east and the old Shorewood Shopping Center to the north. 13X gLANNING COI�II+I288ION l�IEETIN(�, l�AY 30. 1990 PAGE 2 Ms. McPherson stated the special use permit request is to allow the outside storage of up to five semi-truck trailers at the rear of the Sears Store. Mr. Robert Bushey, the Sears Outlet Manager, has indicated to staff that the semi-truck trailers are an integral part of his day-to-day operation. Ms. McPherson stated that on October 26, 1989, Mr. Bushey signed a building permit which stipulated that the trailers be removed on or before November 1'7, 1989. Mr. Steven Barg, Code Enforcement Officer, has been working with Mr. Bushey and Mr. George Applebaum, owner of the parcel, on the removal of the trailers. Mr. Bushey was given the option of either removing the trailers or applying for a special use permit. Ms. McPherson stated Section 205.15.07.D.(5) of the Fridley Zoning Code requires that loading areas be screened from the public right- of-way. As the zear of the Sears building can be seen from the public right-of-way of Highway 65, the code requires that this area be screened. However, since this area aiso serves as a parking area and a drive-throuqh area for people accessing the site, there is really no efficient way to screen this loading area from the pub2ic right-of-way. The location and the way the trailers are arranged on site make it difficult for drivers to negotiate along the rear of the Sears buildinq. Ms. McPherson stated another section of the zoning code, Section 205.15.07.D.(10), does allow for the overnight parking of motor vehicles necessary to the operation of a principle use without screening if they are not readily visible from a public right-of- way. Again, this is not the case, because these trailers are very visib2e from the public right-of-way; and the code would require that this area be screened. These trailers are also parked overnight consistently, not on a temporary basis. Ms. McPherson stated that in addition to the code noncompliance situation, the storage of these trailers is inconsistent with the goals and objectives for Tax Increment District No. 2, within which this parcel is located. One of the qoals of the tax increment district is "to promote sound land use development procedures, including area design standards, landscapznq, and lighting standards, architectural review of new developments, and such standards that may be developed that promte sound land resource management". The existence af these storage trailers is inconsistent with the surrounding area, as both the Shorewood Shopping Center and the Sears building have recently received facelifts through architectural refinements and outside improvements. There is also the new shopping center to the east and the racquetball club which are consistent with the redevelopment standards for the district. The semi-truck trailers are a direct contrast; an example of what the redevelopment district strives to remove through the district's goals and objectives. 13Y pLANNING COMMISSION MEETING. MAY 30. 1990 PAGE 3 Ms. McPherson stated that because of the high visibility of the trailers from the pubic right-of-way and Shorewood Inn, the negative impact on traffic, access, and parking, and no effective method of screening, staff recommends that the Planning Commission recommend denial of the special use permit request, SP �90-06, to the City Council. Mr. Dahlberg stated that if adequate screening was provided, would the storaqe of the semi-truck trailers be an acceptable use on this site in terms of the special use permit? Ms. McPherson stated it would be an appropriate use if the loading area is not seen from the public right-of-way. The other sections of the zoning code do require that loading areas be limited to the side and rear yards of businesses so that they will not be seen from public right-of-ways. Ms. Dacy stated staff would also want to seriously evaluate even the construction of a fence in this area, because they want to project a certain image and architectural styling in this particular area. Staff could take the interpretation that a fence could be just as offensive as the trailers. Mr. Dahlberg stated that if fencing or screening could be accommodated and was acceptable to staff, then, in effect, parking would be reduced on site. If that happened, would this property then be in noncompliance in terms of the required number of parking spaces on site for this use? Ms. Dacy stated she did not have that information available at this time. Staff would have to check into that. Mr. Saba stated this situation is similar to the Holiday Plus store, and the only thing that separates the two situations is the fact that the Holiday Plus store is not in a tax increment district and does not have the special restrictions imposed on this particular tax increment district. Ms. Dacy stated that is correct. However, the City is also evaluating the potential of a tax increment district along University Avenue to include the Holiday Plus site. So, the goals would still be the same. Ms. Sherek asked that if the area was wa�led so that the trailers were not acestolmaneuvertveh clesl behind there aand for t eh cleslto enough sp drive around the building? Ms. Dacy stated, yes, there is adequate space to drive around the building. 13Z �, �� 99� pAGE 4 �L,ANNING COIrII�iISBION 1dEETZl�iG. M!� - Mr. Bushey stated the Sears Outlet store Aas been in Fridley for 2o years. In those 20 years, they have paid over $1/2 million in taxes. They spent over $700,000 in payroll last year, and a majority of their employees come from the City of Fridley. This is one of the most prof itable outlet stores in o�t of °�e Cityaof chain. They couldn't do that without the supp Fridley and the people of Fridley. It has to be a relationship that works both ways. Mr. Bushey stated that Sears is qoing throuqh some tramautic changes right now. They are evolving from a very strong catalog base to more retailing and other facets. As they make that change, there are lot of things involved. The Sears Outlet organization is liquidating its catalog problems. When he applied for the new dock facility at the Sears Outlet store, he did it because their business was qrowing and with the understanding that in this next year they probably would not have quite as much merchandise to liquidate because of the reduction of the catalog business. The Minneapolis plant where they get most of their business was supposed to close on January l, 1990, eo when he signed the building permit in October, ft was his feeling at that time that they would not have any problem in reaching the November deadline for the removal of the trailers. Mr. Bushey stated, however, that in the process, Sears found they had to get the old merchandise out faster in order to get the new merchandise in. That caused the Sears Outlet store to become cverwhelmed with trailers. He stated that at this time, it does not look like they will be able to do business without having those trailers. Mr. Bushey stated that, in the meantime, Sears is actively looking at different locations, and one location is the old 100 Twin property at Highway 65/T-694. More =ecently, they have been looking at using the space across the street where the Hardware Hank store was located until recently. The idea behind that is to elim?na*_e some of the trailer backup. It costs them money to have those trailers parked there, but trailers are also a very integral part of their business. This space would be used for secondary retail. They plan to use it for a catalog department and furniture and appliances. This merchandise would be received at the original outlet store and then anythinq that is to go across the street will be loaded and unloaded, so that trailer will not stay. Mr. Bushey stated they hope they can work something out. ile stated the trailers do move faizly quickly; however, two trailers are %� needed for extra storage and he hoped they can work something out to keep those two trailers there. He stated they are willing to do whatever landscaping or fencing that is required. 13AA �,LANNING COMMISSION l�ETIN6. MAY 30, 1990 __ PAGE 5 Mr. Bushey stated the Sears Outlet Btore is an important part of this shopping center. They are working together as a qroup to make it a healthy shopping center. Ms. Sherek stated maybe Sears should consider building some permanent storage space on site or moving to a larger site. Mr. Bushey stated they were told by George Applebaum abaut 1 1/2 years ago that with the advent of the racquet club, they would not be allowed to put additional selling square feet on this building, because of the parking spaces required by the City. More recently, Mr. Applebaum presented a proposal to Sears about adding warehouse space. Mr. Dahlberg stated the ratio of parking required for retail floor area versus storage is so much different that the number of parking spaces required for storage is going to be signficantly less than the number of spaces required for retail sales floor. So, if warehouse space was added onto the store, would that alleviate the problem of having trailers stored on site, except for the one coming and going? Mr. Bushey stated that was a fair and accurate statement. Mr. Dahlberg asked staff it was possible to add warehouse space relative to site coverage, parking, etc., for this site. Ms. Dacy stated that as far as parking spaces, she believed a warehouse addition is possible. Mr. Dahlberg stated that with the two trailers, that is 240 sq. ft. in storage. A 1,000 sq. ft. addition of warehouse-type space could be constructed at a fairly reasonable cost. Mr. Dahlberg asked if Mr. Bushey had discussed this situation with Shorewood Inn, and was there any objection to the trailers parked there? Mr. Bushey stated he could talk to them, but he thought any problems could be worked out. Mr. Dahlberg stated that if it is possible to put an addition onto the building to aZleviate the need for the trailers parked on site, then that should be pursued. MoTION by Ms. Sherek, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSOPI RONDAICK DECLARED THE MOTION CARRIED AND THE POBLIC HEA1tING CLOSED !�T 8:15 p.M. 13BB �L,1�iNNING CO1+�MI88IOI�! MEETZNG� �►Y 3 0, 19 9 0 P!►GE � Mr. Saba stated they are looking at a situation that has been created by the development district, and he did not think it is fair to force the Sears Outlet store out of business because of a development plan created by the City. Riqht now those trailers are essential to the Sears Outlet business. He thouqht the Planning Commission should be pat a $�'warehouselpl nh and to�see the effect Mr. Bushey time to look o� the expanded retail space across the street. Ms. Savage stated that, on the other hand, Mr. Bushey knew that the trailers were supposed to be removed by November 1989 and was put on notice that if he couldn't, he should be considering some other alternatives. Mr. Saba stated he works in an industry that changes monthly. They spend a lot of money on plans and make decisions with the best informatian available at the time, and that is what Mr. Bushey did. He did not think M eenBashood neighbor nand a good me chant in the malice. Sears has b Q City of Fridley for a long time. Ms. Savage stated she agreed, but it just seems that Sears should be looking at alhertrailers.raAnd r there does�appear t be some allowed to keep t alternatives. Ms. Sherek stated she agreed with Mr. Saba. Mr. Bushey has moved trailers off site, and he has tried to Iease additional retail space. She aqreed that she did not like to look at those trailers; but, on the other hand, there are a lot of w��segr rits a temporarY of Fridley. She asked if there is a way special use permit. Ms. Dacy stated that if the Planning Commission recommends approval of the special use permit, she would recommend that there be specific timetables for accomplishments; or maybe this request �::�::ld be tabled until Mr. Bushey has an oppertunity to look into the possibility of a building addition. Ms. Sherek stated she would like to see a proposal by Sears of what is needed after the additional retail site across the street is open and operating. She would definitely rather see a plan for an addition for continued storage than the continued warehousing of items in the trailers; and she would rather have those trailers sit there another 3-6 months short-term while some long-term solution is being discussed, than to put up fences for scr articularly when not think a fence is the answer to the situation, p dealing with truck trailers. Mr. Dahlberg stated he would like the petitioner to discuss with City staff the possibilities of an addition on this site taking 13CC �LL��"'dING COMMISSION MEFTINa. MAY 30. 1990 __�AGE 7 into account the lot area coverage a2lowable, parking requirements, etc. Mr. Bushey stated he is willinq to pursue whatever they need to do. O�i TION by Ms. Sherek, seconded by Mr. Saba, to table consideration of special use permit request, SP #90-06, by Robert Bushey for Sears Outlet Store until July 25, 1990, in order to give the petitioner time to come up with a new site plan or other alternatives. IIPON A�OICE VOTE, ALL VOTING AYE, VICE-CBAIRPER$ON 1CONDRICR DECLARED THE MOTION C]lRRIED IINANIMOUSLY. 2. CONSIDERATION OF A LOT SPLIT L.5 $yu-vL, Di ra•�i• +±��-••-• To split Lot 2, Block N, Riverview Heights, in order to create the following two parcels: East Parcel: Lot 2, except the East 10 feet thereof, and all of Lot 1, Block 1, Springbrook Park, Anoka County, Minnesota, except for the South 25 feet thereof for 79th Way N.E., and Lot 1 and that part of Lot 2 lying Easterly of the Westerly 20 feet, as measured at a right angle to and parallel with the Westerly line of said Lot 2, all in Block N, Riverview Heights, Anoka, Minnnesota. West Parcel: Lots 3, 4, and 5 and the �jiesterly 10 feet of Lot 2, as measured at a right angle tg �and parallel with the Westerly line of said Lot 2, al� in Block N, Riverview Heights, Anoka County, Minnesota.j � All generally located west of,�79 - 79th Way N.E. / MOTZON by Mr. Dahlberg, se reading of the public hearin IIPON A VOICE VOTE, l�LL DECLARED THE I+IOTION CAR� P.M. / ded by Ms. Savage, to waive the otice and open the public hearing. 'ING AYE, VICE-CHAIRPBRSON 1CONDRICR RND T8E POBLIC HEARING OPEN AT 8:25 Ms. McPherson state �the petitioner owns not only Lot 2, Block N, Riverview Heights �ut also the three adjacent lots to the east and the three adjac t lots to the west of Lot 2. The site is zoned R-1, Single Fa ly Dwelling, as are the parcels to the north, east, and west. R' erview Heights Park is located to the south. Ms. McPhe�s�on stated Mr. Bozony is proposing to split off 10 feet of Lot 2-�and combine it with Lots 3, 4, and 5 of Block N, to create one bu�ldable lot. The remaining 15 feet will be combined with Lot 1 ofy Block N, Riverview Heights, and also Lots 1 and 2, Block 1, Springbrook Park. 13DD pLANNING COMMISSION MEETING JIINE 20 1990 PAGE 3 Ms. Sherek stated that if the Planning Commission recommends approval, she would suggest that another stipulation be added that the carport be removed upon completion of the construction of the accessory building. Ms. Boyle stated they are willing to comply with the restrictions recommended by the staff and submit plans for approval when ey are ready to start construction. She stated one thing the ave a problem with is the 17 1/2 foot side yard setback. If t e City forces them to build the accessory building 17 1/2 feet rom the property line, then the building would be in the midd of their back yard. That would not be aesthetically pleasi to them or the neighborhood, and it would not be accessible the existing driveway. Mr. Betzold stated it is not possible for the lanning Commission to give permission to go any closer than th 17 1/2 feet. If the petitianer wished to build closer to the de propg rty line, eals they would have to apply for a vari ce throu h the App Commission. It is difficult for t Commission to make any decision on this special use permit ithout plans and elevations for them to look at. Ms. Doyle stated the City sta has already told her how the building should look, and she ' willing to comply with that. She . just found out about the 1 1/2 foot side yard setback. She thought the accessory build' g could be built 3-5 ft. from the back neighbor's lot line, but o one had told her that she would have to be so far from the s' e lot line. Mr. Betzold asked M. Boyle if she needed more time to put her plans together. Ms. Boyle state she will definitely need more time, and staff will need to show r how to deal with the 17 1/2 feet. MOTION by . Sherek, seconded by Mr. Saba, to table consideration of specia use permit, SP #90-07, by Pat and Rita Boyle to give the petitio r additional time ta work with City staff regarding the 17 1/ foot side yard setback requirement, to be brought back on the enda at the petitioner's request. U N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED HE MOTION CARRIED IINANIMOUSLY. 2. TABLED PUBLIC HEARING CONSIDERATION OF A SFE�IAL USE PERMIT SP #90 06 BY ROBERT BUSHEY FOR SEARS OU�LET ST�RE. Per Section 205.15.O1.C.(8) of the Fridley City Code to allow exterior storage of materials on Lot 1, Block 1, Shorewood Plaza, generally lacated at 1000 East Moore Lake Drive N.E. (Public hearing closed.) 13EE pLANNING COMMISSION l�EETING, JDNE 20. 1990 pA�� O�i TION by Mr. Saba, seconded by Mr. Dahlberg, to remove the item from the table. IIPON A VOICE VOTE, 7►LL VOTING !►YE, CSAIRPERSON HETZOLD DECLARED THE MG?TION CARRIED ONANZMODSLY. Ms. McPherson stated staff inet with Mr. Bushey and Mr. George Applebaum on June 6, 1990,�to discuss the alternatives to provide additiona2 warehouse space for the Sears store. It was determined that there is adequate space on the parcel to construct a 57 ft. x 150 ft. addition along the south wall of the building. The proposed addition would bring the lot coverage to the maximum of 40$ al2owed by the zoning code. Ms. McPherson stated there are currently 133 parking spaces on the site, and the addition would eliminate approximately 17 spaces; but an additional five spaces could be constructed alonq the west wall of the addition. There are cross parking,easements between Sears and the old Shorewood shopping center across the street. Currently, the Sears employees utilize the parking spaces directly along the East Moore Lake Drive public right-of-way. Ms. McPherson stated the building expansion would eliminate the ability to drive around the building: however, trucks will still be able to access the site from the east driveway and they will drive through the parking lot and back up to the loading docks. Ms. McPherson stated staff discussed this with the Fire Department staff, and they indicated that because of the access through the Shorewood Inn parking lot, the Fire Department would be able to provide adequate fire protection for the rear of the building. Ms. McPherson stated that in addition to the proposed expansion, Sears is proposing to construct a second loading dock adjacent to the existing loading dock. This would allow them to un2oad two trucks simultaneously. Ms. McPherson stated Mr. Applebaum is proposing to upgrade the facade on the Sears store with a canopy similar to those canopies on the new office building and the old shopping center. Ms. McPherson stated the proposed expansion would screen the loading activity as well as provide additional warehouse space and will eliminate the need for the five dropped trailers. T�►c trailers will still be necessary to accommodate daily deliveries. These trucks will be adequately screened from the Hiqhway 65 right- of-way by the building expansion itself. Ms. McPherson stated staff recommends the Planning Commission recommend approval of the special use penait request with the following six stipulations: 13FF PLANNING COMMISSZON MEETING, JQNE 20. 19°A PAGE 5 1. No more than five trailers at any time shaosedeaddition to be stored until construction of the prop begins. 2. Once the adt red at themloading do k re than two trailers shall be s 3. The warehouse expansion shall be architecturally compatible with the existing building. 4. The area between the south wall of the expansionron=iate south property line sha12 be landscaped with app P materials (sod, trees, shrubs, mulch, etc.) in a manner consistent with the remainder of the site. A landscaping plan shali be submitted in conjunction with the building permit application. 5. The 5 foot sidewalk on the west side of the exisosed building shall be extended south in front of ths�p i P be expansion, and appropriate landscaping installed. 6. Any utilities located under the proposed expansion shall be relocated. Mr. Betzold stated one concern he had is that if it takes Sears a long time to complete the expansion, the existing trailers could be left at the rear of the building indefinitely. What can the Commission do to make sure this expansion project moves forward in a timely manner. Ms. Dacy stated the Planning Commission could recommend adding a time frame to stiM�latAonlebaum a are workingl t g therr�onusthis Mr. Bushey and PP expansion. Mr. Bushey stated they are having some difficulty in getting the lease for the space across the street at 1099 East Moore Lake Drive. They will be signing a one year lease with the idea of looking at other possibilities, and expansion is one of those possibilities. Sears is looking at a lot of different sites right now, and the national manager has to approve the site. He should know within six weeks whether the expansion at this site is feasible. He stated that if the Commission wants a time limitation, he can live with that; however, he would ask that he be able to work with two e ro en n of the storeaacrosssthe streets is all approved. With th p g he should be able to get down to two trucks. Ms . Sherek stated she had no proble st ntil the Sear t s corporate b u t t h e y s h o u l d a gain table this requ 13GG pLANNING GOMMISSION �iEETING. JIINE 20. �990 PAGE 6 office makes a final decision on the site expansion. She would recommend tabling the request for 90 days. The other Planning Commission members were in agreement. OT ON by Ms. Sherek, seconded by Mr. Saba, to table special use permit request, SP #90-06, by Robert Bushey for Sears Outlet Store, per Section 205.15.O1.C.(8) of the Fridley�City Code to allow exterior storage of materials on Lot 1, Block 1, Shorewood Plaza, genera2ly located at 1000 East Moore Lake Drive N.E. , until a final determination is made by Sears' corporate office, or 90 days, whichever comes sooner. OPON A VOICE VOTE, ALL VOTING AYE� CHAZRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. Mr. Bushey stated he certainly appreciated the extra time granted by the Planning Cammission. 3. PUBLIC HEARING: CONSIDERATZON OF A SPECIAL USE ERM 90- 08 BY JOHN BABINSKI: Per Section 205.17.O1.C.(11) of the Fridley City Co to allow exterior storage of materials on Lots 2 through 0, Central Avenue Addition, generally located at 1290 - 7 d Avenue N.E. MoTION by Mr. Saba, seconded by Ms. Sherek, to aive the reading of the public hearing notice and open the pu ic hearing. OPON A VOICE VOTE, ALL VOTING AYE, CHAI ERSON BETZOLD DECLARED TRE MOTZON CARRIED AND THE PIIBLIC HEARI OPEN AT 8:05 P.M. Ms. McPherson stated this request i for the exterior storage of equipment and materials at 1290 73rd Avenue. The petitioner occupies the yellow building the fntezsection of 73rd and Central Avenues. The property s zoned M-1, Light Industrial, and there is additional industri zoning to the south and west. The petitioner's site shares a ommon driveway with the Onan building to the south. In orde to screen the outside storage, the petitioner is proposin to ccnstruct a fence along the public right-of-way on the e t side of the property. Ms. McPherson stat d that in 1980, the petitioner was cited for lack of appropria screening of outside of materials and equipment as required b Code. Recently, Steven Barg, the City's Code Enforcement O icer, has been working with Mr. Babinski to either =emove the terials that are currently being stored in the front and rear rds of the parcel or apply for a special use permit. Ms. Mc erson stated the petitioner does have an existing fenced stor e area on the south side of the building. The materials cu ently being stored within this storage area are listed on A tachment A of the Staff Report. Currently, an old MTC bus is -- ws�ecf City of Fridley AT TNE TOP Of TME T1NIN5 g � I L D I N G P E R M! T ' � 13 • COMMUNITY dEVEIOpMENT OIV �' pppTEGT�YE IkSpECT�ON SEG � • .�� , r ; �: � � i"'1 : CITY MALL iA1DlE� S'5�32 wVM�fa �Ev MtE �---�'� �'' 612-571-3a50 q�aF�s 10/26/89 J08 AODRf55 1000 East MooreLake Drive N.E. 1 IEGAI �OT NO BLOCK TRACT OR ADDITION 3 � S ��GE OF / / _ _20177 RECEIPT NO .� y 3�� ♦►►�OvEO �• 6EE ATTAGMEp oescR. Pt. 16,17 Parcel 180 Auditor's Subdivis�,�on M68 SMEET DPERT� OWNER MAII ADDRESS Z�p PMONE Sears Surplus Store 100 East Moore Lake Drive N.E. �HTRACTOR MAIL ADDRESS ZIP VMONE 110ENSE NO Covenant Oonstruction 7904 - 73rd Av�ue North, Brooklyn Park, I�] 55426 tCNITECT OR DESiGNER MAIL AppRESS Ili PMONE L�GENSE NO 493-3100 iGINEER MAIL ADORE55 21P PMONE LICENSE NO 6 USE O� BUILD�NG RL'td 11 1 CLASS OF WOflK O NEW � ADDiT10N 8 DESCR�BE wOa►c Construct truck ramp into store C� ALTERATION D FiEPA1R p MOVE O�iEMOVE 9 CNANGE OF USE FiiOM TO 8TIPULATIONS See notations on plan. Paint east side of store walls. �emove the ;semi-trailers from the site on or Defore November 17, 1989. See letter dated September 6, 1989 concerning this property and written by George Applebatun. wA��°•� .�.:� Before dig�ir.? ca!f fe� 8�� Utl�lTjl �l•'_!?IJf1S 454-0002 REQUIRED BY LAVV SEPARATE PERMITS REQUIRED FOR WIRiNG, HEATiN�, PLU14i6iNG AND SIGNS. SEPARA7E PERMITS ARE REOUIREO FOR ELECTRICAL. PLUMBlNG. MEATING. YENTItATlNG OR AIR GONDITIOHING- Tr11$ PERMIT BECOMES NULL AND VOID IF WOpK OR CONSTRUCTION AUTMOpIZED IS NOT COMMENCED W�TMIN 60 �AYS. OR IF CONSTRUCT�ON OR WORK !S SUSPENDED OR ABANDONED FOii A PERtOD Of 120 DAYS AT nNr TIME AfTEp WORK IS GOMMENCEO 1 MEpEBr CEpT1iY TMAT 1 MAVE i1EA0 Akp EItAMINEO TMIS APPLICA?ION ANp KNOW TME SAME TO BE TRUE AND GORpECT. ALL PROY15fONS OF LAWS AND OROINANCES GOYE�iNING TMIS TYPE O� WORK WILL BE COMPLIfO WITM WMETNER IFIED NEpE�N Op NOT. TME GRANTING OF A iERMIT DOES NOT SUME TO G�VE AUTMORITY TO VIOLATE OR GANCEL TME PROV15+ 5 O� A�►Y OT►�EA� T�TE OR LOCAL LAW REGt1tRT�NG CON- STfiU �ON OR PERFOR �"ANCE OF CONSTpUCT10N f -- / SK�aN�TU Oi CON •GTOp Op AU�MOp�ZEO �GENT I��E� 1 •iE� NG SO.FT. OWLG. UNITS STAILS �ATION 512,000 AIT cEE $135.00 � CHECK:EE $ 8%.%5 wNEN PROPERLY VA IP OCCUPANCVlOAO CU FT �STREET PARKING IG�:1�GE5 RTAX $6. 00 C GK/►RGE i�� iEE $ZZQ.%5 - � C.�lY4F fRIDLEY 1311 FRIDLEY MUNICIPAL CEtiTER • 6431 UNIVERSITY AVE. N.E. FFtIDLEY, MN 55432 • 1612) 571-3450 • FAa (61'_ � 571- I:R7 March 20, 1990 Sears Surplus Store 3000 East Moore Lake Drive N.E. Fridley, MN 55432 Dear Owner/Manager: On October 26, 1989, you were issued a building permit (see attached copy) ta construct a truck ramp into the store. One of the permit's stipulations stated that all semi-trailers were to be removed from the site by November 17, 1989. A recent inspection revealed that numerous semi-trailers are still being stored along the south and southeast portions of the building. In addition to constituting a violation of this building permit (#20177), this storage is clearly visible from the public right-of-way and thus not permitted by the Fridley Zoning Code. I will be reinspecting this site on or about April 4, 1990, at which time full compliance is expected. Please call me at 572-3595 if you have questions or wish to discuss this further. Thanks for your cooperation! Sincerely, Steven Barg Code Enforcement Officer SB:ls C-90-138 - � C.t1YOF F[ZlDLEY 13JJ FRiDLEY MUNICIPAL CEhTER • 6431 UNiVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 57I-1287 April 11, 1990 Mr. Robert Bushey Sears Surplus Store 2000 East Moore Lake Drive N.E. Fridley, MN 55432 Dear Mr. Bushey: Please review the attached letter which I sent to you on March 20, 1990, with respect to outside storage of trailers in violation of Building Permit #20177 and the Fridley Zoning Code. Subsequently, you contacted me and indicated an interest in applying for a special use permit for exterior storage. A reinspection on April 11, 1990, revealed that numerous trailers are still being stored alonq the south and southeast portions of the building, and as of this date we have not received your application for a special use permit. I will be conducting a final inspection on or shortly after April 30, 1990, at which time full compliance is expected. This inspection will not be conducted if your special use permit application has been received in our office prior to that date. Should the deficiency still exist on the final inspection date and no application has been submitted, legal action will be approved. Please feel free to call me at 572-3595 if you have questions or wish to discuss this further. Sincerely, Steven Barg Code Enforcement Officer SB:ls C-90-179 Excerpt from Redevelopment Plan TID #2 13KK REDEVELOPMENT GOALS ANO OBJECTIVES 7he Frid7ey Housing and Redevelopment Authority and the Fridiey City Council establish the following goals and objectives for the Moore Lake Redevelopment Project. These goals and objectives are an outgrowth of the Fridley Comprehensive Development Plan. A. To redevelop the Shor.ewood Shopping Area into a Neighborhood Shopping Center to service the surrounding neighborhood population. B. To promote and publically assist the deveiopment of the undevel- oped and underutilized property in the Redevelopment District. 7his shall include the use of Tax increment financing to develop commercial and housing developments. Such assistance may include land "write down" costs, land acquisition and parcel assemblage to provide large land tracts for development, property acquisition and clearance for �ew developments, property acquisition and clear- ance of non-conforming land uses that are near new developments, financial assistance in the provision of public utilities, finan- cial assistance for the provision of necessary site improvements, and such other assistance that is in conformance with State Law. C. To stimulate private investment to stabalize and properly balance the housing supply. D. To increase employment opportunities and employment alternatives through an active program of comnercial development in those areas best suited for this development. E. To increase the tax base of the City through cooperation and as- sistance to commercial and housing developers with consideration of full utilization of underutilized residential, commercial and industrial properties F. 7o provide a plan and continued planning for orderly comnercial and residential expansion which allows for the most economicai utilization of municipal services. G. To provide development and redevelopment opportunities that will allow for the construction of a variety of residential units and co�rmercial services throughout the Moore Lake Redevelopment Pro- ject which would effectively serve the housing and comnercial service needs of the City. H. To designate through official iand use controls, areas best suited for residential and comnercial developmen�. I. 7o maintain a healthy, safe environment through out the Moore Lake Project Area. -4- J. To provide various appropriate, iegal development efforts empt municipal rev monies. forms of financial assistance that are deemed and acceptable to private enterprise in their such as industrial revenue fonding, tax ex- enue bonds, or state and federal loan and grant �K. To promote sound land use development procedures including area design standards, landscaping and lighting standards, architec- tural review of new developments, and such other standards that may be developed that promotes sound land resource management. L. 7o continually update development and redeveiopment plans, de- sign standards,and other official controls that will promote sound development, redevelopment, health and safety. SPECIFIC GOALS AND OBJECTIVES More specific goals increment financing plan development District. and objectives wili be developed with each tax for specific projects in the Moore Lake Re- �� 13LL �� -_______� _ __._,__ , . _«. ¢ W Y Q m � SP �� 90-06 Bob Bushey ; Sears 1,� S �/2 SEC. /3, T. 3C C/TY Of FR/OL EY 14� �� LOCATi4N MAP 1 � . t , i J ;' � J EXNIQIT A MOORE LAKE COMMQNS WEST � ca _ � ''�'' 7�'"' �'1'� � �.�•' ';J �.� � � i �� , —�_ ,'�� '��-�--�;��_ � I�t i i I j ------.__ � �� '� �� Y .�. , . ^_ `�^ • •; 1 ^ ��f.^� �. �'1/\:�'y.r� , w. ~ '�`- "'V � .. ; � �� T^ 1� / ��T'7_H-�C_! '��i�� ✓ s� ! SP 4f 90-06 r Bob Bushey; Sears ., ___. -. ~1..�: *Note: Tiie Sears parcel is taxed separately. PROposEp St0,2,ctGE .�� ,� SITE PLAN _ . • , '- — •. � • , i . . .. . , . . . �► •- SP #90-06 Bob Bushey; Sears .� ... � 1 � RICE CREEK AO�AD � . . . _ . �:. , . • � � •v :�,a r,_:,� �_ . ' � , _. � � . —.-.�►�--- -_ --�-�_"� •�� ""�„" � - "'_"....� .. • ...�.--:1� . 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PROPOSED BUlLDtNG ADDITION - � c�nr oF F�� COl1ILMUNITY DEVELOI'MENT DEPARTMENT M EMO RAN D LiM DATE: October 11, 1990 � �. To : Wi 11 iam Burns, City Manager �� FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Variance Request, VAR #9�-23, by Moore Lake Racquet, Swim, and Health Club Attached is the staff report for the above-referenced request. The Appeals Commission voted unanimously to recommend approval of the request to the City Council, with the 90 days starting at the date of the variance application (August 17, 1990) and ending on November 14, 1990. Staff recommends that the City Council deny the variance request as the four criteria outlined in Section 214.21.02.A - D of the Sign Code for determining hardship and granting a variance were not met. l� Steve Barg, the Code Enforcement Officer, has been working with the petitioner to resolve the noise complaints about the facility's HVAC units. The petitioner has hired a sound consultant, Midwest Acoustics, to make recommendations to reduce the noise level. The decibel level in the neighborhood was measured by staff at 9:30 p.m. on August 2, 1990. The reading indicated 55 - 57 db which exceeds the ordinance maximum of 50 db at this hour of the day. The consultant will be making a site visit on Thursday, October 11, 1990. An update will be presented to the City Council at the meeting. MM:ls M-90-663 � � ��N �F STAFF REPORT APPEALS DATE September 11, I990 PLAI�NG C4NNuVMSSION DATE 14A FRtDLEY CITY �OIXVCIL DATE October i5, 1990 .�� REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATI4N SlTE DATA I' SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING UTllTES PARK DEDICATiON ANALYSIS FlNANCtAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN CO111�'AT161LITY WITH ADJACENT USES 8� ZONNG I ENVIRONMENTAL CONSlOERATIONS STAFF RECOMMENOATION APPEALS RECOMMENQATlON PLANNING COMMISSlON RECOMMENDATION � __ 14B Staff Report VAR #90-23, Northwest Racquet, Swim, and Health Club 1200 East Moore Lake Drive Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Sectioa 21d.I1.06.A states that portable signs may be displayed for a period of 14 days after a permit is issued by the City. Public purpose served by this requirement is to control visual blight caused by large signs or excessive numbers of signs and to avoid the permanent display of portable signs. B. STATED HARDSHIP: "Applicant is the owner and operator of the Moore Lake Health Club. Its principal method of advertising its facility is a large banner attached to the building, visible from Highway 65. "It requests permission to maintain this banner for a 90-day period during its grand opening festivities and to clearly identify the property for its members and potential members. "The present Fridley sign ordinance limits such a banner to a 14-day period, and the applicant requests a variance to maintain this banner for 90 days." C. ADMINISTRATIVE STAFF REVIEW: Request Northwest Racquet, Swim & Health Club, the petitioner, is requesting a variance to the temporary sign ordinance to a11ow the display of temporary banners for 90 days. The temporary sign ordinance allows temporary signs to be displayed for 14 days. The request is for Lot 1, Block 2, and Lot 2, Block 3, Shorewood Plaza, the same being 1200 East Moore Lake Drive. Site The parcel is located on the northeast shore of Moore Lake. The property is zoned C-3, General Shopping, as are the parcels to the north and west. The parcels to the east and south are zoned R-1, Single Family Dwelling. Analysis Section 214.21.02 (A-D) outlines four conditions which must be met prior to the grantirig of a sign variance: 14C Staff Report VAR #90-23, Northwest Racquet, Swim & Health Club 1200 East Moore Lake Drive Page 3 A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generall.y to other property in the same vicinity and district. There are no exceptional or extraordinary circumstances that apply to this property which are different than others in the vicinity. Other properties which have the same zoning as the subj ect property are subj ect to the same regulations set forth in the temporary sign ordinance. 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 which is denied to the property in question. The health club has utilized the full complement of wall signage allowed by code. In fact, a 297 square foot facility logo adorns the southwest wall of the building which is visible from Highway 65. In addition, there is an opportunity for additional permanent signage on the pylon located at the intersection of Highraay 65 and East Moore Lake Drive, which the petitioner has utilized. C. That the strict application of the Chapter would constitute an unnecessary hardship. Denia2 of the proposed variance request would not constitute an undue hardship, as the petitioner is allowed to display temporary signs for two 14-day periods per year. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare to the property in the vicinity or district in which the property is located. The public purpose served by the Sign Ordinance and its component parts is to control visual blight caused by large signs or excessive numbers of signs. In addition, granting the variance would allow the display of temporary signs which do not conform to the architectural standards set forth for the entire Moore Lake Commons development and which are implemented through the comprehensive sign plan for the development. Staff Report VAR #90-23, Northwest Racquet, Swim, and Health Club 1200 East Moore Lake Drive Page 4 In addition to the above the Sign Code allows the opening events f.or only 1 to display signs based on is making a more liberal of the Sign Code. Recommendation 14D conditions, Section 214.06.05.8 of display of signs relating to grand 0 days. By allowing the health club the temporary sign ordinance, staff interpretation of the requirements As the petitioner has not met the four conditions set forth in the Sign Code for granting variances, staff recommends that the Appeals Commission recommend denial of the variance to the City Council. Anpeals Commission Action The Appeals Commission voted unanimously of the request to the City Council. retroactive to the date of the variance Citv Council Recommendation to recommend approval The 90 days would be application. The four criteria for determining hardship were not met; therefore, staff recommends that the City Council deny the variance request. 14E CITY O! FRIDLEY !lPPBlilI+B COMMI88IO�i 1�LBBTING, 8BPT8�HBR 11, 1990 CALL TO O DE�t - Vice-Chairperson Ruechle called the September 11, 1990, Appeals Commission to order at 8:00 p.m. r;s i; Members Present: Members Absent: Others Present: Larry Kuechle, Kenneth Vos, Cathy Smith, CZiff Johnson Diane Savage Michele McPherson, Planning Assistant Gary Strootman, Moore Lake Racquet, Swim & Health Club A�PROVAL OF AUGUST 21 1990 APPEAIS COMMISSION MINUTES: �TIO by Ms. Smith, seconded by Dr. Vos, to approve the Auqust 21, 1990, Appeals Commission minutes as written. UPON A VOI�E VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. l. CONSIDERATION OF VARIANCE REOUEST VAR #90 23 BY NORTHWEST RAC4UET, SWIM & HEALTH CLUBS: Pursuant to Section 214.11.06.A of the Fridley City Code, to increase the number of days a temporary banner may be displayed from 14 days to 90 days, on Lot 1, Block 2, and Lot 2, Block 2, Shorewood Piaza, the same being 1200 East Moore Lake Drive (Moore Lake Racquet, Swim & Health Club), Fridley, Minnesota, 55432. Ms. McPherson stated the petitioner is the Northwest Racquet, Swim & Health Clubs, and they are requesting a variance to allow temporary siqns to be displayed for 90 days at their facility located in the Moore Lake Commons development on the northeast corner of Moore Lake. The property is zoned C-3, General Shoppinq, as are the parcels to the north and west. To the east and south is Single Family, R-1, zoninq. Section 214.22.02.A-D outlines four conditions that need to be met before granting a siqn variance: A. That there are exceptional or extraordinary circu�stances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. 14F liPPEALB CO1rIISI8BION IIEBTINa. SEPTBMBER 11, 1990 PAd$ 2 The property is similar to others in the vicinity and is similarly zoned as adjacent parcels. The adjacent parcels are subject to the same requirements of the temporary siqn ordinance as the subject parcel. 8. That the variance is necessary for the preservation and enjoyment of a substantial property riqht possessed by other property in the same vicinity and district which is denied to the property in question. The club has currently used their full complement of wall signage allowed by Code. A 297 sq. ft. facility logo adorns the wall of the facility which faces southwest and is highly visible from Highway 65. There is also an opportunity to replace the temporary banner that is now on the pylon at the intersection of East Moore Lake Drive and Highway 65 with a permanent sign on the pylon. C. That the strict application of the Chapter would constitute an unnecessary hardship. Denial of the variance would not constitute an undue hardship as the petitioner would be allowed to display temporary signs for two 14-day periods. This applies to all commercial and industrial zoned property in the City. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare to the property in the vicinity or district in which the property is located. The public purpose of the sign ordinance is to control visual blight caused by large or excessive numbers of signs. In addition, granting the variance would allow the dispZay of temporary signs which do not conform to the architectural standards set forth for the entire development and which are implemented through the Comprehensive Sign Plan as adopted by the City Council. Ms. McPherson stated that, in addition to the four conditions, Section 214.06.05.B does allow display of signs for qrand opening events but limits the display for ten days. By allowing the display according to the temporary sign ordinance, which allows for two 14-day periods, staff is makinq a more liberal interpretation of the sign code. Ms. McPherson stated that staff recommends denial of this variance request as the petitioner has not met the above four conditions. Ms. Smith asked if the health club currently had a variance for a permanent wall siqn. _ 14G 71PPSALB CO1�II�IISSION l�BTINa. BBPTBl+IBER 11. 1990 pAa$ 3 Ms. McPherson stated the siqns on the business do meet the requirements of the sign ordinance. They are, however, very close to the maximum allowed to be displayed on the buildinq. Mr. Johnson asked if the temporary siqn could be displayed for two consecutive 14-day periods, or up to 28 days. Ms. McPherson stated that is correct. The City does allow display of temporary siqns for two consecutive 14-day periods. Mr. Kuechle asked if the health club was included in the variance granted for the development. Ms. McPherson stated that attached to the staff report is the Shorewood Plaza sign variance staff report and minutes of the City Council meeting. Ms. McPherson referred to the March 23, 1988, memo. Under the Analysis, the second paragraph, ". .. The proposed shopping center (Moore Lake Commons Eastj will be 54,000 sq. ft., for a total retail/office development of 114,000 sq. ft. of development. As part of the stipulations pertaining to the sign variance, the developers have aqreed to abide by the 80 sq. ft. requirement for the proposed center, l�oore Lake Commons East. The new pylon siqn would in effect serve as a monument for both the old and new shopping centers as well as the racquet and health club." To her that meant they could still potentially have 80 sq. ft. of signage for the health club and office building. This option was discussed with representatives of the health club before their making an application for a variance. MOTION by Dr. Vos, seconded by Ms. Smith, to open the public hearing. IIPON li1 VOIC$ VOTE, l�LL VOTINQ 1�iYE, VICB-CHAIRPERBON 1CIIECHLB DECLARED THB PIIBLIC HEARING OPEN AT 8510 P.l�i. Mr. Strootman, Manager of Moore Lake Racquet, Swim & Health Club, stated there were some good reasons why it would be helpful to have the variance. The Moore Lake Club opened in July. That is not the prime season for health clubs. The club was opened then because they had qotten pressure from the local area and members. The season really starts during this time of year, September and October; and this is when they expect to see the real results of whether the club is successful or not. This is not a retail type of business. In a retail store, anyone feels welcome to walk in and look around. A private club requirinq membership intimidates people from cominq in to check it out. The banner with the phone number helps get the initial requests and inquiries. Since the club is not yet listed in the phone book, the phone numbers are one of the best sources of initial contact with potential members. Because it took a long time to qet the buildinq open, people are used to the building not beinq open. These are the reasons why it 14H �!►PPEALS COMI�ISSION MBBTIKa. 8$PTBPtH$R il. 1990 PAGB 4 would be very helpful to continue to display the banners. They have gone throuqh the necessary expense to display a professionally-done banner. It has a neat appearance and does not discredit the area. Dr. Vos asked when the 90 days would start and the 14-8ay period end. Ms. McPherson stated the Club now has a permit for display of the signs. It has been staff's past practice to allow the display of temporary signs while the variance is being processed. They will continue to display the signs under the oriqinal permit. She is assuming that the 90 days would then beqin, if the City Council so chooses or it could begin when and if the Council approves the sign. Mr. Kuechle asked how long the siqns have been displayed. Ms. McPherson state the permit was issued approximately three to ' four weeks ago. The City Council will consider this request on October 1. Mr. Kuechle stated that they are then through one 14-day period now. Dr. Vos stated that if one interprets that the 90-day period would start after approval by the City Council, the sign would then be displayed until approximately the first of the year. Mr. Strootman stated is was his understanding that they could display from the date the variance started. If it runs from the date of application, this would be acceptable. Ms. McPherson stated this wou].d then be retroactive from approximately three to four weeks aqo. Dr. Vos asked if there were two banners. Mr. Strootman stated there was one on the sign and two on the building. Ms. McPherson stated the one permit covers a1I three siqris. Dr. Vos asked if there were plans for a sign on the pylon. Mr. Strootman stated he thouqht there would be permanent siqnage. It will be displayed like the other members of the Moore Lake businesses. MOTION by Mr. Johnson, seconded by Ms. Smith, to close the public hearing. 141 �PPEALS COM�I88ION 1d88TINa. SSPTBMSER ii. 1990 BAGB S IIPON A VOICB VOTS, AI.L VOTII�TG AYS, VICB-C87�IRP$RSON �IISCHI.$ DBCLl1RBD THB PQBLIC HSARINQ CLOSBD ]1T 8 s 18 P.li. Dr. Vos stated he thouqht the requirements for temporary siqns are quite strict. Fourteen days is not much opportunity for display. iie did not think it was that easy to see this buildinq from Highway 65. The loqo can be seen, but not the building. He would not mind seeinq a siqn for 90 or 60 days or whatever is left. Ms. Smith stated the banner is tastefully done. She also thouqht 14 days was too short of a time period for somethinq of this nature. For a club of that size, a siqn almost needs to be displayed lonqer. Mr. Johnson stated he basically felt the same way. The code is quite strict. If there were any objections about the banner, they would have heard them by now. Ms. Smith stated she would feel better making this retroactive so that the siqn would be taken down in mid-November. Mr. Kuechle stated he concurred. He would also ask for a stipulation that the 90 days begin with the date of application, which would qive approximately 45 days of additional display time. MOTION by Ms. Smith, seconded by Dr. Vos, to approve Variance Request, VAR �90-23, by Northwest Racquet, Swim & Health Club to increase the number of days a temporary banner may be displayed from 14 days to 90 days, with the stipulation that the 90-days be retroactive to the date of the original application. OPON A VOICE VOTE, ALL VOTING AYE, VICS-CBAIRPERSON l�IIECBLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Ruechle stated the City Council would consider the request at their October 1, 1990, meeting. �1DJOURNMENT OTIO by Ms. Smith, seconded by Mr. Johnson, to adjourn the meetinq. IIPON D VOICS VOT$, ]►LL VOTINa A7C$, VICB-CHAIRPERSON �CHI.$ D8CI.7�iR$D THS BBPTEMBER 11, 1990, 11PPEALB COMlII88ION MEBTIl�iO l�D�TOQRNED !iT 8: 2 3 P. M. Res ectfully submitted, onn Cooper �G.J Recording Secretary 4J . � PLANNING DIVISION t MEM4RANDUM CITYOf fRIDLEY t� Z�: Jock Robertson, �antnity Developnent Director City Cotncil I�M� FROM: Jim Robinson, Planning CoordinatorV�Z N'�trD Di4TE: March 23, 1988 RDGARDING: Shorewood Plaza Sic,p Varianc�e BAQtGiaCAAD On January 25, 1988 the Cbulcil reviewed a request by Shorewood Plaza Partners for building setback varianves for the existing oenter and also for a pylon sic� area vari�noe fran 80 square feet to 224 square feet. At that time the two variances were separated. The building setback variance was approved and the signage varianoe was tataled to allow staff to Fravide additional backgro�nd information for Coi.ncil wnsideration. Ci�rrently the develo�er's are working on renodeling the venter in orcier to make it oonsistent with the design standards which are part of the Moore Lake Commons master glan. In a�nj�nction with the proposed vacation of the service zoad and redesi� of the garking lot for the existing center, it wi11 be necessary to relocate the existing pylon sign. Relocation of the sigt would create a situation whereby the legal stat�s gramed by the old varianoes would beaome obsole�te. AN�I,YSIS Attached for Cot.ncil review is a listing of variance activity for pylon sic�age sinoe January 2, 1982 with additional information for pre-1982 non-conforming sigis. Although there is no readily apparent o�nsistency to the varianoes granted, it does appear that the Shorewood Plaza Shopping Center, due to its size and highway location, is r�ot extrene. Flirther research � the �roperty file indicates that the City Co�ncil approved the varianoes for the c�ld center to allaw a total of 343 square feet of pylon sic,�nage. �e developer is proposing a pylon sic� which would include 224 square feet a� pylon sic�age lsee ill�stration). �is represents rouc�ly a 35$ decrease fran the existing sign. In this week's Co�cil gacket is a review of the Spring 1986 study of pylon signage and the proposed ordinance revisicm which was tabled irx3ef ir�etly by Couzcil on Ji,ne 16, 1986. �e existing shop�ing oenter Q�Ioore Lak�e Ca�anons West ) is 60,000 square f eet. The proposed shopping center Q�loore Lake CoirQnons East) will be 54,000 square feet, for a total retail/office developnent of 114,QQ0 square feet o� develoF,ment. As part of the stipulations pertaining to the sic,� varianoe, the developers have agreed to abide by the 80 square foot requirenent for the proposed center, Moore Lake Commons East. �he new pylon sic� would in effec� serve as a monunent for both the oId and new shopping venters as well as the raoquet and health c1ub. In a�njtnction with the prano�ion of the City's urban design standards and the reZated improveaents on University Avenue Corridor, the City may decide that masonry gateway sicrage eleaents would be desirable at b�th the s�utheast �rner o� Rioe Creek Raad and iiic�way 65 and at the southwest oorner � Rice Creek Road and Old Central. Should this become a def inite proposal, staff would present this o�noept to the City Co�cil at that time for their oonsic3eration. JI�R/c�n rr8�64 5. � 14K FRIDI,EY CITY 47(TNC.�, I�'TIl� OF iR�R�i 28. 1988 replace it shortly. Cb1n�cilman Billings stated he understands the lease e�ires in October and there is the possibility they may or may not enew it. He stated he cbesn't want to create an ia�du�e hardship on the sen's, but this is a situati� that has existed f� quite a while and it been resoZv�ed a 2ong time ago, the Olsen's wou2d not have this oblem. He stated he is not suxe o� N�. Ge�a�an's plans as he is telli the tenants �e thing arsd the Coiu�cil another. Gb�mci2man Billings asked if Nr. Gea�man o� his rePrese�Eative was present and rx� cne respcaided. �• Coimci]m��n Bi1li.ngs stated part of the problessn w' h the North Star Video sicn is the Olsen's were told by the prior that it was i� campliance and when they applied for a pezmit, it wa found the sign wasn't in canpliance. He stated if Mr. Gearman is 'ven until June 28 to canply, perhaps l�s. Olsen siiauld be allowed to kee up his sign �ti.l th.is time. Mr. Herrick felt the CYty shauld oanfi I�. Gearman's agre�ent to bring ttte si�s into campliance iin accor ce with the apprwed sign plan in a Ietter to Mr. Gearnan and a copy his te�ants so the ter,ants are advised what the agreenent is betwees� awryer and the City. NDTION by Councilman Billin to table this iten to April 18, 1988 for more detailed info�naticm fran taff regarding bir. Geazman's plans for Moom Plaza Shopping C�nter. d by Couivcilman Schneider. Upo� a voice vote, all voting aye, Mayor Nee lared the m�tion caxried ta�anurously. Councilman Bill evezyo�e to inte OF I i �s stated he hoped this additional time would allow t regarding any plans for this shopping center. A PUBLIC HF,AR ) AT 6257 HIC ON APRIL� 18 N. 1988 FOR A VACATION 3Y SHOREWOOD PLAZA MrPI by C�uycilman Sci�neider to set the public hearing on this vacation f April 18. 1988. Seccmded by Councilwrman Jorgenscun. t1po� a voice vote, voting aye, Mayar P1ee declared the rm, tica� carried t,atianimously. �- � - �e� ON OF A VARIANf�, VAR �87-41 FOO�TAGE OF A PYIAN SIGN FRON �7fnTVSHIP 30 4.11.2.8 TO 224 : ! �:1 . Mr. Robertson, Co�►anunity Developtnent Director, stated the developer currently is working an z�bc]eling the existing shopping center which is part of the werall Moo�'e Lake Ccx�ans master plan. He stated in reviewing p3st variances granted fo�r sic�s, there is rn apparent consistency between the size � the sic,n ar�i the size of the site. Mr. Robertson stated the existing sign far this st�apping center is 343 square feet and the developer is prcyposing 224 square feet. He stated as part of the stipulations for this variance, the cievelaper agrees to meet the ooc7e requiranents for an 80 -12- 14L FRIDLE'Y CITY �K'n, I�'.EI'II�IG OF I�,RQi 28, 1988 square foot sign fc� the new si�apping ce�ter. He stated the equare footage af the existing shopping center is 6Q,000 square feet and the proposed slx�pping center will be 54,000 square feet. He stated this 224 square foot si� would� in effect, sezve as a monim:ent for both the existing and new si�apping oenters as we].1 as the rdcquet and i�ealth club. Mr. R,obertscn stated the Plarzning Carm,issic� reviewed this request for the varia�ce and has reca�mtiended apprwal to which staf f oancurs. C.btmcilman Schneider stated as far as si�age fo�r the tw�o six�pinl centers, it would involve 304 sq��e feet of si�age. Ke asked abwt signag�e for the health c2ub. Mr. Applebaun, the petitics�er, stated as far as ihe racquetball club, he has not seen any prr�posal to use a pylrm si�. Cetmcilman Schneider statec2 other shapping oenters have less signacJe such as Holly Shoping Center with 130 square feet, Bob's Produce with 165 square feet and Me�ard's with 180 square feet. Nr. Applehatan stated that in c�der to get tenants to move away fran the main highway, they need this ex�osure. He state� the 80 square feet allowed for a pylari si� is tied to one tenant and they will have mariy more in this shapping area. He stated Ho21y Shopping Center is located right on Che highwzy and they don't permit signage by their tenants because of the hic�naay visibility. Cb�cilman Schneider stated staff was requested to pravide infoimation regarding the size of si�s pernutted in adjoining amnunities. Ke stated the average maxim�an is arrnmd 200 square feet. i�e asked Mr. APPlebaun if it wauld be possible to reduce his request. N�. App2ebaum stated in cz�der to provide 12 ir�ch lettering, this size sign is nee�ded. Cbwrbcilwamazi Jorgensc� asked if a 224 square foot pylo� sign was prwided o�n the west, wauld they r�t put ca�e on the east? M.r. Applebauan stated that wasn't discussed only that they wovlchi't request any variar�ces. ,, (b�mcilman Billings stated he agrees with Mr. Applebaun. He stated if you had 12 seprarate stores in this area, each aaned separately, thEy could each have an 80 square foot sign. He stated sir�ce this is rx�t the case and it is a st►apping center, he felt a r�eed ta look at the circurstaryces. Cblmcilman Billings stated he respects Cbiu�cilman Schneider' s opinion that if the Cotmcil grants ane variance, they have to give others. He stated when the Planning Ctnmission recc�nme.rx�'d allvwing a oertain rnmber of squaf�e feet of si�nage based ai ti�e square footage of the area ta be served, the Cbla�ciZ wanted to review each cn its own merits. Cbta�cil�n Fitzpat,rick stated he d.id mt know where the line has to be drawn an the size, but felt fihis si�n w�ould be too large. -13- 8. 14M FRIDI,Ey C'ITY �tJNCII, I�P]I� OF 1�4RQi 28� _1988 (buncllmar, Sc,hneider stated he wvuld be willing to gr'ant a variance to 180 square feet taking into ccnsideratiosi the massiver�ess of the whole structure which the a�dinar,ce doesn' t address. MyI'ZON by Co�cilman Schneider to �ant Variance, VAR #87-41. per Section 214.11.2.8 to increase the sqt%are footage of a pylon sign fran 80 square feet to 180 square feet, with the follaaing stipulations: (1) staff resexves the right to apprave the final design of the plan; (2) the new center's p�lon si� will have design oo�sistency with the remodeled sign; and t3) the new center's sign will not be considered for variances. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Cb�cilwaman Jorgenson. Councilman Fitzpatrick and Mayor Nee voted in favor of th�e mAtioa�. Co�ilman Billings voted ac'�ainst the m4tita�. Ngyor P�ee declared the motica� carried by a 4 to 1 vote. Cbtmci]man Schneider stated if staff and the c3eveloger can cane uP with same other prvposal, he wauld be willing to eo�.sider it. N�. Applebatan stated the sign is veiy contemporary trying to make a statement about the develo�nent and rec�velopment of the area. He stated when it is the o�ly sign and is lacated on 800 feet of frontage along the hic,�,ray, he dichz't believe they are out af line requesting the 224 square f eet . N�e sta tec h� f el t tYve 180 squa re f ee i woul dn' t work as they woul d have to eliminate two te,r�ants. Council�r�an Billings stated he only wished his predecessor had taken a sim.ilar stand in regard to the S}cywoc�d hSall sign as they d�'t acivertise anY of the tesiants. OF f�•� au�cilman Fitzpatrick stated he would like to nominate appointrr�ent. He stated N�. Scott is Chaiiman af the Sp¢ the University of Minnesota. � ert Scott for Departn:ent at MyI'I�N by Coun+cilman FitzFatrick to rlac��ate Ro rt Scott, 7190 Rivervie+h� 'Perrace, f o� aPPointment to the Cabl e Tel ev ' i on Coa�uni s s ion f or the tenn expiring April 1, 1991. Seconded by Co ilman Billings. Upon a voice vote, all voting aye, Mayor Nee decl the mation carried �a�animausly. Mn'ION by Councilman Billings reappoint Barbara Hughes to the Cable Televisice� Ca�missic� for the erm expiring April I, 1991. Seconded by Councilman Fitzpatrick. n a voice vote, all voting aye, Mayor Nee declared the irotio�n carri �an3mously. Qxmcilman Schr�eider tated there was another applicant who had excellent credentials, howev , several i.ncun�nts had indicated their wil.lingness to be reappointed which the Co�cil has given oo�sideratiaz. 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B �� ( I - � � �¢ ------.__, �sys .� N/L' � //' P� O � O �`. 24� LOCATt�N MAP n � � � ci�roF F� �� DATE: TO: COn/LMUNITY DEVELOPMENT DEPARTMENT MEMORAN DUM October 10, 1990 � �� William Burns, City Manaqer �• FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Lisa Campbel� �lanainq 1►ssociat' SIIBJECT: 1991 Contract/City-Wide Curbside Collection of Recyclables As per Council direction, staff inet with Super Cycle Vice President, Nancy Healey, to negotiate the 1991 contract for City- Wide Curbside Collection of Recyclables. This meeting occurred on September 12, 1990. Our current 1990 contract allows for the twice a month collection at curbside of cans, glass, newspaper, and corrugated cardboard for $84 per ton. Estimated annual cost is $77,616 for 1990. Current participation is 39�. Super Cycle has proposed a rate of $75 per ton for the 1991 contract period. This rate allows for twice-a-month collection at curbside of cans, glass, newspaper and corrugated cardboard, and the printing and artwork for 7,661 pieces of a new program brochure. Estimated annual cost is $106,267 for 1991. This estimate assumes a 70� participation rate which is likely with the addition of curbside containers to the program. The rate of $�5 per ton is lower than any tonnage rate currently charged to all other Super Cycle clients. These clients include the City of Roseville, Shorewood, and St. Paul. These cities are currently charged between $85-$88 per ton. This rate is lower per household at 72 cents than any of the communities served in Anoka County, where the charge for recycling runs between $1.00-2.75 per month. The average per ton payment in Hennepin County for collection only is $75 per ton. This average does not include artwork and printing costs for a brochure as Super Cycle has proposed. 15 15A 1991 Contract/Citywide Curbside Collection of Recyclables October 10, 1990 Page 2 Super Cycle's proposal also includes per ton payment rates for the inclusion of magazines and/or plastics. To include magazines, the charge would be $77 per ton with a$10 surcharge on each ton of glossy. Staff estimates the annual contract cost under this approach would be $Z39,565. This estimate assumes 70� participation and a greater number of pounds per participating household. The estimated additional cost of incZuding glossies is $33,397 annually. Attached, please find a consideration. The text per ton and the printing same as the current 1990 Recommendation copy of the 1991 contract for your of this contract other that the payment of the program brochure is exactly the contract. Staff recommends Council act to approve the contract with Super Cycle, Inc., for $75 per ton payment with acceptable materials to include cans, glass, newspaper, and corrugated cardboard and printing and artwork cost for a program brochure to be paid for by Super Cycle. Based on prohibitively high costs staff does not recommend Council include glossies or plastics as acceptable materials. LC:ls M-90-715 AC�RREMENT FOR RECYCLING COLLECTION This Agreement is made on between . day of , 1990, 15B ("City") and Contractor. WHEREAS, Contractor is in the business of collecting recyclables. WHEREAS, City desires Contractor to pick up recyclables throughout City's municipal limits in accordance with the terms of this Agreement. NOW, THEREFORE, the parties, intending to be legally bound, agree as follows: 1. Contractor's Services. The Contractor agrees to provide services in accordance with specifications contained in Exhibit A attached hereto and made a part hereof by reference. 2. Compensation to Contractor. City agrees to pay Contractor for services. 3. Method of Pavment. Contractor shall submit itemized bills in accordance with Exhibit B to City on a monthly basis. Bills so submitted shall be paid within thirty (30) days of receipt by City of a bill. 4. DisAOSal of Recvclables. Contractor shall use its best efforts to assure that all recyclables collected in the City are not placed in landfills or incinerated and are distributed to the appropriate markets for reuse. If any 15C AGREEMENT FOR RECYCLING COLLECTION PAGE 2 recyclables are landfilled or incinerated, Contractor shall report that fact within 24 hours of the occurrence. Notification will include the types and amounts of material landfilled or incinerated and the steps being taken by the Contractdor to avoid future landfill or incineration. Contractor shall at all times be under a duty to minimize recyc2ables ending up in landfills or incineration, and, in consultation with the City, at all times attempt to find the lowest method of disposal. If the Contractor determines that there is no market for a particular recyclable, or that the market is economically unfeasible, it shall immediately give written notice to the City. Said notice shall include information that the City can determine the effort made by the Contractor to find market sources, and financial information justifying the conclusion that the market is economically unfeasible. Upon receipt of said notice, the Contractor and the City shall have 30 days to attempt to find a feasible market. During said 30 days, the Contractor shall continue to pick up the particular recyclable. If the Contractor or the City is not successful in finding a feasible market within 30 days, the City has the option to: (1) Require the Contractor to continue to collect the particular recyclable. In such case, the City would pay the Contractor, as additional compensation, the 15D AGREEMENT FOR RECYCLING COLLECTION PAGE 3 tipping fee at the E1kRiver RDF plant or a mutually agreeable alternative site. The Contractor is required to keep accurate records of said fees and provide the City with evidence of total payments. (2) Notify the Contractor to cease collecting the particular recyclable until a feasible market is located, either by the Cantractor or by the City. If the City notifies the Contractor to cease collecting a particular recyclable, the parties shall immediately meet to renegotiate the monthly minimum fee payable to the Contractor. In the event that the parties disagree on the queston of whether there is a market for a particular recyclable or whether the market is economically feasible, the disagreement shall be submitted to arbitration. In this case, each party shall name an arbitrator, and the two shall select a third person to serve as the chairperson of the arbitration panel. The arbitration panel shall meet and decide said question within 30 days of their appointment. 5. Audit Disclosure. Contractor shall allow City and its duly authorized agents reasonable access to Contractor's books and records applicable to all services provided under this Agreement. Any reports, information, financial material, or data which City at any time requests be kept confidential shall not be made available to any person or party without City's prior written approval. Any reports, information, 15E AGREEMENT FOR RECYCLING COLLECTION PAGE 4 financial material, or data which Contractor at any time requests be kept confidential shall not be made available to any person or party without Contractor's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, or reports prepared by Contractor shall become the property of City upon termination of this Agreement. To the extent that any of the foregoing involves the business of Contractor outside the City, Contractor shall have the right to use such property in its business outside of the City. 6. Term. The term of this Agreement shall be January 1, 1991, to December 31, 1991, the date of signature by the parties notwithstanding. The parties may, by mutual agreement, cause this Agreement to be extended after the foregoing expiration date, subject to the right of either party to terminate for cause by ninety (90) days written notice as provided in the following paragraph. 7. Termination. This Agreement may be terminated by either party upon ninety (90) days written notice to the other party for cause upon the other party's breach of its duties under this Agreement. In the event termination is by City pursuant to this ninety (90) day provision, Contractor shall be paid until the effective date of termination. 8. Subcontractor. Contractor shall not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of City. 15F AGREEMENT FOR RECYCLING COLLECTION PAGE 5 9. Independent Contractor. At all times and for all purposes hereunder, Contractor is an independent contractor and not an employee of City. No statement herein shall be construed so as to find Contractor an employee of City. 10. Assic�nment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Excluded Services. City shall have no obligation to pay for any services furnished or performed by Contractor not specifically provided for or contemplated herein. 12. Severabilitv. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a Court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. 13. Compliance with Laws and Regulations. In providing services hereunder, Contractor shall abide by aIl statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of this Agreement. 14. Equal �pportunitv. During the performance of this Agreement, Contractor, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor 15G AGREEMENT FOR RECYCLING COLLECTION PAGE 6 shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor shall post in places available to employees and applicants for employment, notices to be provided by the Government setting forth the provisians of this nondiscrimination clause. Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 15. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 16. Indemnification. Contractor shall indemnify and hold harmless City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees, which they may suffer or for which they may 15H AGREEMENT FOR RECYCLING COLLECTION PAGE 7 be held liable, as a result of negligence or fraud of Contractor, his employees, or subcontractors in the performance of this Agreement. 17. Insurance. Contractor shall provide a certificate of insurance as proof of liability coverage for bodily injury or death in the amount of $600,000 for any one person and in the sum of $1,000,000 for two or more persons for the same occurrence and for damages to property in the sum of $100, 000. The certificate of insurance shall name City as an additional insured and state that Contractor's coverage shall be the primary coverage in the event of a loss. Further, the certificate shall provide for thirty (30) days written notice to City before cancellation, expiration, or change of coverage. 18. Workers Compensation Insurance. Contractor shall provide workers compensation insurance covering all employees of Contractor engaged in the performance of this Agreement, in accordance with the Minnesota Workers Compensation Law. Z9. Performance Bond. Contractor shall execute and deliver to City a performance bond with a corporate surety in the amount of three months contract revenue or equal ("equal" may include a letter of credit from a banking institution approved by City). This Agreement shall not become effective untiZ such a bond, in a form acceptable to City, has been delivered to City and approved by the City Attorney. This Agreement shall be subject to termination by City at any time 151 AGREEMENT FOR RECYCLING COLLECTION PAGE 8 if said bond shall be cancelled or the surety thereon relieved from liability for any reason. The term of such performance bond shall be for the life of this Agreement. Extensions or renewals shall require the execution and delivery of a performance bond in the above amount to cover the period of extension or renewal. 20. Conflict of Interest. Contractor agrees that no member, officer, or employee of City shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Violation of this provision shall cause this Agreement to be null and void and Contractor will forfeit any payments to be made under this Agreement. 21. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 22. Addition to Recvclables. City agrees that it will consider, from time to time, proposals from Contractor to perform additional services in the collection of additional recyclables or to perform additional services in the collection of compostable materials. Nothing contained in this paragraph shall obligate City to pay for such additional services or work unless and until this Agreement is modified by a contract in writing. 23. Entire Actreement. The entire agreement of the parties is contained therein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subj ect matter hereof as wel l as any previous agreement 15J AGREEMENT FOR RECYCLING COLLECTION PAGE 9 presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first above written. CITY OF By Its Mayor and By Its City Manager CONTRACTOR NAME. By Its _ --_- By Its I. II. 15K Exhibit A CITY OF FRIDL$Y CITYWIDS CURBSID$ COLLBCTION OF RE8ID8NTIAL RECYCLABLBS SPECIFICATIONS Introduction. These of the Comprehensive Fridley. Definitions. specifications define the requirements Recycling Program for the City of 1. Recvclables: means newsprint and inserts, unsorted glass (foad and beverage containers), unsorted aluminum, steel, bimetal, and "tin" cans (food and beverage containers), and corrugated cardboard. The parties by separate agreement may later include the following items as recyclables: mixed plastic bottles (polyethylene terephthalate (PET) and high density polyetehylene (HDPE), box board (such as cereal boxes), mixed paper, household dry cell batteries, yard waste and other compostable materials, and other materials as mutually agreed upon between City and Contractor. 2. Unaccentable RecYclables: means recyclables which have not been prepa�ed and/or located by the resident in compliance with the following standards: Newspaper. will be placed in paper kraft bags or securely tied and bundled. Glass Food and Beverage Containers. will be rinsed clean. The glass will be separated from the other items and placed in a paper bag, box, or recycling container. Metal Food and Beveracte Containers. will be rinsed clean and kept separated from the other items and placed in a paper bag, box, or recycling container. Corruyated Cardboard. will be broken down flat into bundles no larger than 3 feet by 3 feet. No cardboard that is wax or plastic coated or contaminated by food or grease shall be accepted. Preparation standards for other materials will be determined by mutual written agreement between City and Contractor. (1) City of Fridley Comprehensive Recycling Program Specifications 1.5L Exhibit A 3. RecYclinq Containers: means uniform receptacles supplied by City or homeowner in which recyclables can be stored and later placed curbside for collection as specified by City. 4. Recycling Collection: means the picking up of all recyclables placed at or near the curbside properly prepared and package at Certified Dwelling Units (CDU's) and other City designated collection stops in the City. 5. Certified Dwellinc� Unit (CDU): means a single family home and each residential unit in a duplex, triplex, fourplex, or townhouse complex. Residential units in structures (other than townhouses) containing more than four (4) dwelling units may be designated as CDU's upon mutual agreement by City and Contractor. 6. Collection District: means a specific geographic area of the City established for the purpose of having Curbside Recycling Collection for all CDU's and other City designated recycling collection stops in the district on the same day. 7. Contractor: means only one person or entity able to provide collection service for recyclables as stipulated in the attached specifications. This person or entity must demonstrate that he/she has secure sufficient markets for the collected recyclables. 8. Collection Vehicle: any vehicle owned or operated by Contractor for collection of recyclables within the corporate boundaries of the City. 9. Collection Hours: the time period during which collection of recyclables is authorized in the City. 10. Holidavs: means any of the following: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 11. Scheduled Collection Day: means the day or days of the week on which recycling collection by the contractors is to occur, as specified in the contract with the City. 12. Term: means the twelve month period from January 1, 1991, to December 31, 1991. �2) 15M City of Fridley Comprehensive Exhibit A Recycling Program Specifications 13. Curbside: means at or near the edge of the public or private street from which the CDU gains its access, or such other location as may be specified by the City. III: Collection Requirements: A. Residential Collection. 1. Frequency of Collection. The City will be divided into two Collection Districts. Collection shall occur on the lst and 3rd Fridays of each month in Area 1(north of Mississippi Street) and on the 2nd and 4th Fridays of each month in Area 2(south of Mississippi Street). The City will be divided into two Collection Districts. 2. Collection Hours. Collectian shall commence no earlier than 7:00 a.m. Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 6:00 p.m. on the scheduled collection day. Residents will be requested to leave recyclables placed at curbside before 7:00 a.m. on the scheduled collection day. 3. Compliance with Driving and Haulina Laws. Collection and transportation of all recyclables shall be accomplished in accordance with all existing laws and ordinance, and future amendments thereto, of the State of Minnesota and local governing bodies. 4. Weighing of Loads and Reporting Requirements. Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight, and number or recycling stops for each loaded vehicle. Collection vehicles will be weighed empty before collection to obtain a tare weight and weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be included as part of the billing sent to the City each month. Contractor will also include a report of the total tons collected, a fair estimate of the percentage of the total that each material type represents, and the markets generally used for the sale of recyclables. (3) 15N City of Fridley Comprehensive Exhibit A Recycling Program Specifications 5. Point of Collection. All residential collection will occur at the curbside. 6. Procedure for Unacceptable Recvclables. If Contractor determines that a resident has set out unacceptable recyclables, the driver shall use the following procedures: a) Contractor shall leave the unacceptable recyclables and leave an "education tag" indicating acceptable materials and the proper method of preparation. b) The driver shall record the address on forms provided by the City and report the addresses to the City Recycling Coordinator at the end of each week. c) The City Recycling Coordinator will undertake efforts to educate the resident regarding proper materials preparation. If these efforts fail to achieve compliance within a reasonable time, the Recycling Coordinator may direct the Contractor to stop collection at that CDU. 7. Cleanup Responsibilitv. Contractor shall adequately clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Contractor shall have no responsibility to remove or clean up any items which are not recyclable materials. 8. Missed Collection Policv and Procedure. Contractor shall have a duty to pick up missed collections. Contractor agrees to pick up all missed collections on the same day Contractor receives notice of a missed collection, provided notice is received by Contractor before 11:00 on a business day. With respect to all notices of a missed collection received after 11:00 a.m. on a business day, Contractor agrees to pick up that missed collection before 6:00 p.m. on the immediately following business day. (4) City of Fridley Comprehensive Recycling Program Specifications 9. 150 Exhibit A Contractor shall provide staffing of a telephone equipped office to receive missed collection complaints between the hours of 7:30 a.m. and 5:00 p.m. on weekdays, except holidays. Contractor shall keep a log of all calls including the subject matter, the date and the time received, the Contractor's response and the date and time of response. This information shall be provided to the City in a monthly report. Collection Hours. If Contractor determines that the collection of recyclables will not be completed by 6:00 p.m. on the scheduled collection day, it shall notify the City Recycling Coordinator by 4:30 p.m. and request an extension of the collection hours. Contractor shall inform the City of the areas not completed, the reason for non-completion, and the expected time of completion. If the Recycling Coordinator cannot be reached, the Contractor will request the designated alternate. 10. Severe Weather. Recycling collections may be postponed due to severe weather at the sole discretion of the Contractor. "Severe weather" shall include, but shall not be limited to, those cases where the temperature at 6:00 a.m. is -20 degrees F or colder. Upon postponement, collection will be made the following business day. The contractor will be responsible for notifying the residents by radio and television announcements. The City will be responsible for notifying the residents by municipal cable. All three means of communication will be used for each severe weather postponement of recycling collection. 11. Holidays. If the agreement for collection is weekly and the scheduled collection falls on a holiday, the collection will be cancelled for that day. If holidays fall on scheduled collection days for two consecutive weeks (i.e., Christmas Day and New Year's Day), an alternative collection day shall be scheduled by mutual agreement. In such a case, Contractor shall assist the City in publicizing the alternative collection day, including delivery of (5) City of Fridley Comprehensive Recycling Program Specifications 15P Exhibit A notices to each CDU in the effected Collected District. In those cases where collection is other than weekly, and scheduled collection falls on a holiday, an alternative collection day shall be scheduled by mutual agreement. 12. Collection Vehicle Equioment Requirements. Each collection vehicle shall be equipped with the following: a. a two-way radio b. a first aid kit c. an approved 2AlOBC Extinguisher d. warning flashers e. warning alara�s to reverse f. � Dry Chemical Fire indicate movement in signs on the rear of the vehicle which state "This Vehicle Makes Frequent Stops" a broom and a shovel for cleaning up spills All of the required equipment must be in proper working order. Al1 vehicles must be maintained in proper working order and be as clean and free from odors as possible. All vehicles must be cleared identified on both sides with Contractor's name and telephone number. 13. Personal Requirements. Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. Contractor's personnel shall: a. � Conduct themselves at all times in a courteous manner with the general public. Make a concerted effort to have at all times a presentable appearance and attitude. c. Perform their work in a neat and quiet manner and clean up all recyclables spilled in collection and hauling operations. (6) City of Fridley Comprehensive Recycling Program Specifications d. Avoid damage to property. 15Q Exhibit A e. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. 14. Ownership. Ownership of the recyclables shall remain with the person placing them; for collection until Contractor's personnel physically touch them for collection, at which time ownership shall transfer to Contractor. 15. Household Drv Cell Batteries. If requested by City, Contractor agrees to periodically collect household dry cell batteries at the curbside along with other recyclables, at the regular charge per ton, but not more than once per quarter. The method of preparation and the timing for collection will be mutually agreed upon by Contractor and City. The method and expense of processing will be arranged for by the City. 16. Proqram Brochure. The contractor shall provide artwork and pay for printing costs of 7,661 pieces of a program brochure during the contract period. 17. Insurance Coverage. The contractor shall provide a certificate of insurance as proof of liability coverage or death in the amount of $600,000 for any one person and in the sum of 1,000,000 for two or more persons for the same occurrence and for damages to property in the sum of $3,000,000. The certificate of insurance shall name the City as an additional insured and the state that Contractor coverage shall be the primary coverage in the event of a loss. Further, the certificate shall provide for thirty (30) days written notice to the City before cancellation, expiration, or change of coverage. 18. Period of Guarantee. The Contractor shall provide a surety bond for three months' contract revenue which shall guarantee the proper prosecution and completion of the work by the successful bidder; and shall further guarantee the prompt payment by the successful bidder of all persons or firms furnishing labor, tools, materials and supplies for the work. (�) 15R EBBIBIT B CITY OF FRIDLEY FEEB FOR COMPREHENSIVE RECYCLIN(3 PRO(3R�M Fees for services to be paid by City to Contractor shall be based on a per ton collected basis, plus reimbursement for the bond fee. This shall be limited to 2� of the face amount of the Contractor's performance and payment bond costs. A. The cost per ton under this Agreement shall be $75.00. B. The estimated monthly bond fee reimbursement shall be $38.50 per month. It is the intent of the parties that Contractor receive from City a minimum monthly payment, exclusive of the bond fee. Accordingly, in the event the cost per ton of paragraph A above multiplied by the number of tons collected does not equal the minimum monthly fee hereinafter set forth, City agrees to pay Contractor an additional sum of money so that such minimum payment, when added to the calculation of the payment under paragraph A above, equals the minimum hereinafter set forth. The minimum monthly payment to be received by Contractor in accordance with the foregoing calculation, inclusive of "out-of-pocket expenses", is $3,824.94. MEMORANDUM � � CINOF fil�l..�r MEMORANDUM Municipal C�nt�r 6431 Univ�rsity Avenu• N.E. Fridley, MN 55432 (612) 571-3450 Office of the City Manager William W. Burns TO: The Honorable Mayor and City Cou� il FROM: William J. Burns, City Manager�;� I DATB: October 11, 1990 BIIHJ$CT: Diseased Trees Councilmember Steve Billings has requested that we seek formal Council approval of John Flora's latest proposal on diseased trees. You may recall recently receiving a memorandum from John that indicated that we would, in deference to Councilmember Billings' request, begin investigating calls from neighbors of individuals who have diseased trees in their yards. We recommend your approval of this change. WWB:rsc 1 17A CITY OF FRZDLEY IrIEMORANDIIM TO: William W. Burns, City Manager FROM: Steven Billings, Councilmember Ward One / RE: Diseased Trees DATE: October 8, 1990 Following the City Council meeting of September 17, 1990, I brought up the subject of calls regarding diseased trees by persons other than the owner of the property on which said trees were located. At that time both Mayor Nee and Councilmember Schneider emphatically stated that it was our expressed policy, and the reason for changing our ordinance a year ago, that we DO NOT respond to calls from other than the property owner. Although this is contrary to my recollection, I have gone ahead and stated this policy to people when they call me regarding oak wilt in a neighbor's yard. Now then comes a memo from staff indicating that we have changed the policy. This apparently is the fourth change in policy in the past eighteen months. I would request that you obtain a written opinion from legal counsel regarding the relationship of our most current policy and the state law that requires keeping the names of complainants on property matters confidential. I would further request that you place an item on the agenda for the City Council meeting of October 15, 1990, to discuss the above policy and to have the policy set by the City Council. Hopefully, in that way, it will not change as frequently as it has in the past. ��'� � �"� ��°;�:L�.�', � ATTOR:�EYS AT LA�fi �'irgil C. Herrick M E M O R A N D U M Jamc� D. Hoeft Gregg \'. Herrick Of Counsel Da��id P. Neu•man TO: Fridley City Council William W. Burns, Fridley City Manager � � FROM: Virgil Herrick, City Attorney �� DATE: October 10, 1990 RE: Diseased Trees This memorandum is in response to a memorandum from Councilman Billings to the City Manager regarding diseased trees. Mr. Billings memo is dated October 8, 1990. In the memorandum Mr. Billings makes reference to the City's policy on handling complaints regarding diseased trees. Specifically, he requests an opinion from legal counsel regarding the question of whether the current policy and the state law relating to divulging the names of complainants on property matters are inconsistent. Minnesota Statute §13.44 states that: "The identities of individuals who register complaints with state agencies or political subdivisions concerning violations of state laws or local ordinances concerning the use of real property are classified as confidential data." It is my opinion that a complaint about a diseased tree on property within the City would be considered a complaint concerning the use of real property within the meaning of the above State Statute. It appears that the City Staff has adopted a policy that they will respond to complaints about diseased trees provided that the person who is complaining identifies himself or herself. Conversely, the City policy is that they will not respond to complaints from anonymous callers. Mr. Billings raises a question as to whether the City's policy is inconsistent with the State Statute. It is my opinion that the City Policy and the State Statute are not inherently in conflict. My interpretation of the State Statute is that the City cannot reveal the name of the complaining party to the property owner who is the subject of that data. It would be a clear violation of the statute if, after Suite ?0�, 6-�01 L'niversit}• Avenue'�`.E., Fridle�•, Alinnesota 5�432, 612-�71-3850 17B Memo to City Council/Bill Burns October 10, 1990 Page 2 receiving the complaint, a City employee were to go to the property that contains the diseased tree and make a statement to the effect that Mr. Smith registered a complaint regarding your diseased tree. The City administration should instruct all City employees that have access to data regarding violations of local ordinances relating to the use of real property that the names of the complaining parties are strictly confidential and cannot be revealed to anyone other than other employees or officials of the City that are necessary in order to investigate and correct, if necessary, the complaint. The question of anonymous calls Practice Act. VCH:ldb whether or not the City should respond to is outside of the scope of the State Data 17C To: FROM: DATB: BIIBJECT: �.,�ws s�<<•�•�5 M,� "��,,��,�, MEMORANDUM Ralph Voll�an, Public Works Superintendent John G. F1ora�Public Works Director October 2, 1990 Diseased Tree Policy PW90-389 �., � � 1�7D � � �, Reference Public Works Memo PW90-372, subject as above, dated September 19, 1990. In discussinq the referenced memo with the City Manager, it has been determined that City staff will respond to any call regarding a diseased tree in which the caller identifies himself. Based upon that call, an initiation of a complaint within our reporting system will be made and action will be initiated to schedule an inspection and an appropriate markinq of the trees. This procedure does not apply to anonymous phone calls. If a person will not give us a name or phone number where they can be contacted, we will not take any action to respond. Please disseminate this policy to your staff. JGF/ts cc:j illiam W. Burns Bob Nordahl I— �i � TOs �oxs DATSs ��i. �y, �ci�,.. IScwc, .,,��, F�.��« . s�,��:� •.,��,��,., , 1 MEMORANDUM " William w. Burns, City John G. Flora,r ?ublic September 19, I990 8IIB.7SCTs Diseased Tree Policy Manaqer Worke Dfrector P'W90-372 Last year when we rewrote the Diseased Tree Ordinance, we established an internal policy for dealinq with diseased tree complaints. Accordinqly, we started out the year respondinq to any complaint received by the Public Works from any citizen. As we were implementing the complaint reportinq system, we started receiving a number of anonymous telephone calls reqardinq diseased trees. As a result, we modified the policy to respond to only the property owner's request for identification of diseased trees. It appears that there is some confusion regardinq the diseased tree issue. In order to standardize the process and to provide the best response and service, I will initiate a proqram, unless the Council desires otherwise, that we respond to any complaint received from a person who identifies himself. This process should eliminate neighborhood squabbles and also provide for a means of eliminating diseased trees from the City. If you concur, please let me know so that we may disseminate this infonaation to Ralph Volkman. JGF/ts C?:�•, i a PUBLIC WORK3 N[AIl�T'ENANCE DATE . Au� st 13, 1990 FROM � Ral ah Vol kmari. Su�eri nten SUBJECT • Diseased Trees on Private Property 0 0 9 �7F MEMO�ANDUM � John Flora, Director 0 For the past two months, we have been getting numerous reports of diseased trees on private property from anonymous callers. These people refuse to give their names, and we are reporting them on Request for Service forms as stated. • This may be a problem, because the Council stated they did not want us to inspect trees on our own without a complaint from a citizen. An anonymous call could be interpreted as self-generating. I request guidance in the handling of these types of calls. �-v ��V 1'L��'t/ %�/ f C//%! T�+r �� ✓ �1 ✓� G�1 i� c► % � �G�� ' 0 n ❑ � ❑ � IN�O 1 c 1. Caomp2aint repo�t�ed bo Pu�lic Worc�ks secx'staY7t b!l citizen, �� ' 2. Secr�ta�=Y n�kss aut P� Depar�t wo�k a�+c3e�' to d'leck oon�leint• 3. Assistat�t famesto� investiqates oamPlairYt. 4. If tree ar ta+ees are fctn�d t�o be i�e+althy, it will be ryotsd cn w�o�k arder as s-�rh, wi.th ra ftntAe�' act,ian. Oq�y of inspectiaal r►o�tioe will be leSt with homeowner- 5. If tree ar trees are fauxi to be disea_sed. cl�ead arc� hazarc3ous, the p�aperty owner will be notified with a vo�py of ti�e Tree Inspect,ion Noti.oe at�d infarmatiarsal lettet which will be plaoed in ttye door. 6. A oopy of the Tree Inspectian Notioe will be p�wici�ed to ti�e City Cashier, so she can p�'ooee�d to send by oestified mail the ldatioe of Disea.sed Trees and the Reply to Disea.5ed Tree Nvtioe t�o the p�o�peY'tY o�ar�er. 7. After 30 days has elapsed fr�om oertificatio�n, the assistant forester will reinspect proPertY to verify if nuisar�oe has beeri r�no�v�ed. 8. If no�t, the cashier will then mail by reqist�s'ed mail the r�on- oaanplianoe letter far r�naval of the r�uisarne• 9. Upoai removal of nuisanve, the oost will be fa�aarded to the Fin�r�oe Deparbment to be asses.sed against the P�er�Y • 1-8-90 C : �WP'�PARKS�PF� k t . ZR 0 17G � 17H Qi�CE I�. 931 AN fi�i�KS �YII� '�� F1t�EY QTY �� Q�Pffit ': : 104, S� "'IItE6 �SE" SY I� � '10 �D�FAS� 'IItQ�S" �t�ID SY l�1� SOGTT�GtZS 104.02. , . . � 104.04., 104.06.; 104.08., At�ID 104.09. � '•. �e City oaa�cil ot the City ot FYidley does herPl�y c�dain as follaas: 104.02. � P06ITIQd Q�i'� �he powers and •�uties of the City Forester as set forth in this t�apter are hereby conferred u�pon the Sup�xi�dent of Public Waris ar�d all designated rep�esertatives. It is ti�e ctuty of the Forester to 000xdinate urcler the directicci and cor►t�rol of the City Manager all activities of the City relatit�q to ti�e cocitrol and p�reventiat� of tree diseases. �e Farester s1�a11 zeooa�nerrd to tbe City Manager the details of the progr�m for the co�trol of tree disea_ses azrl perfoYm the c�uties incidsnt to su�h a Pral�am ad�ted bY the CitY Oauncil. � 104.04. NIULS�NC.FS �CCAtt'F� 4. Any d�ead Oak tree, or �t thereof, includin4 logs, bm�, s�m�s, fir+era�od, or o�ther oak material �ich has not been d�eUar3aed or free of hazard as dletermis�ed by the Forester. 5. Ariy dise.ased tree, dead tree, or pax't ther+eof, irCludirx,� logs� bYar�s, st�s, firc�w�od, or a�tiLer w�oden materi.al which has been d�etermiried to pzpsent a c�nditio� which er�dat�gers the safety or health of the public azxi has �t been trnated ac�oczdinq to the prescription of the City Forester. 104.06. Il�IVFNICRY, II15PDQZCN 2,I�ID Il�VFSIZGATIGN 1. Zi�e Forestps or agent the.reof may in��ac.-t all p�aises azrl plaoes within the City as often as de�aed apprapriate to determine �ether any ooaxliticai clescr'ibed in eith�er Section 104.04 or 104.05 of this f�apter exists tl�ereoc�. � Forester shal.l investigate all r�orted incidents of diseased trees. 104.08. PI� FCR �L � II�'DCI'm � C�2 W�O� 1. If the infected tree is located ca�► p�ivate property, the Fomest�er st�all send a written notificaticn and prescripticai to the cwr�er of said property. It s�all be the cbligatic� of the prcyperty owner to carty out t1� p�ibed abate�nent P��is) ��► �i�Y i30) days frc�a th�e date of reoeipt of the notificatiaal tu�less a written variar�ce is cfranted by the Forester. If the cwner Y'equ�ests the City ar fails to follow tiye prescxiption withi,n tiye desicp�ated time � pes'iod, the Forester st�all notify ttye praperty c�wr�er by mail that tl�e City will ca�tract tor the abatement of the public nuisanoe, namely the diseased or d�ead tt�e� ar�/or ��od in questicri. Zt�e Fbrester shal.l then p��ooeeri tA oontra�ct far ��P�'� abatenent p�+ooedu�res as sooci as possible and shall Y�po�rt to the sxii private �� l� from the abatenent prooe�n�es c�rried vut an P�Y• Zl�e City Glerk shall list all suci� charges alcx�q with a City A�chninistrative cost aqainst eac�Z separate lat or paroel bY Septe�ber 15 of ea� year as special asses�ts to be collected oo�cing with the follawing year � s t�uoes. Acfininf strative oosts o! $25. 00 fa� ea� lvt o! paroel st�all be adcle�d to eat3i assessaent. ; 171 . n . � m R�c�e 2- O�+clinanos No. 931 2. In the case o! boulevard trees, detir�ed as a tree qrowirg vithin a�stregt ric�t-or-wny ar� a st�cee�t easa�t tr,at has been aaqusrea to� an exf atsng stragt, . r�o�tices wf ll be mailed t� ti�s c�mer o! th�e abuttirg P�P�Y � P�'��Y de.sQibed in Sectiroci 104.08.01. Hor�e�ver, tl�a City st�all abate any diseased baulevard tree at no co�st to the p�c�ty a�ar�e,r. It the p�operty vwc�e�r d�esires, tiie city will replaoe the tree with a bnre xoo�t �electfan an the arr�ers p�+opexty fn the vicinity o! tt�e sarov�ed tree. 104.09. P1mC�1�iM I�70CI� � ' •1 - J _ �■ ' �• :,�• 1 ' =��1 • ' • " ti � � = V " � ' " �� rl � • � ��i • • n =• _• �� 1 • ' i � • •� �i �i • ' • ' •� • � 1 ' I' • `1}� • I� • �� ' Y�� : 1 I M •• i M■ • 1 I' M • ' ' 1�1 � � : ` � � • ' '1�1' � 1-�7�• i MY�.�1 i 4 A. i�+,APAIA - C�,II2iC Fizst �ir�g: Atigust 28, 1989 �� Ml� �' 18, 1989 Publicatian: Septenber 27, 1989 1 � .� " • ` /� ��.1['� � �4� y �... J. I�EE - OR � . _� / � CITY OF fRIDLEY MEMORANDUM Municipal Csntor 6431 University Avenu• N.E. Fridley, MN 55432 (612) 571-3450 Office of the City Manager William W. Burns TO: The iionorable Mayor and City Council FROM: William W. Burns, City Manager �."�'� DATB: October 11, 1990 BIIBJBCTs Trollhagen Stop Sign Petition Pursuant to the request of the City Council, the attached letter was prepared. It will be sent to each of the individuals who signed the petition requesting placement of stop signs at St. Morit2 Drive and at Windemere Drive. We recommend that the City Council approved this letter. wwB:rsc Attachment � _ C� 1 I �F FRI DLEY : � �RIDLEY MU1`ICIPAL CEITER • h-331 l3?vl`'ERSIT'Y AVE. N.E. FRIDY�.EI'. Mti i5.1�? . �(��?) 571-3450 • FAX (hl?) ?71-1_'K7 October 16, 1990 Trollhagen Drive Petition Signers Dear The City of Fridley would like to respond to the petition for the placement of stop signs at two locations on Trollhagen Drive. Although we sympathize with the problem of speeding automobile traffic on Trollhagen Drive, we also recognize that none of the normal guidelines provided by the State of Minnesota for the placement of stop signs were met in this particular instance. Also, there was a great deal of difference of opinion among the neighborhood residents as to whether ar not the stop signs should be placed at the two locations. In view of these factors, it is the City Council's decision to deny the placement of additional stop signs on Trollhagen Drive. As an alternative, we have placed siqns on either side of the curve at Trollhagen Drive and St. Moritz Drive. The signs advise (but do not require) motorists to travel at a speed limit of 20 miles per hour and warn them of the curve ahead. We are also planning to continue additional police patrolli.ng of Trollhagen Drive, and hope that throuqh both of these efforts, we can eliminate the speeding problems that you have been experiencing. Thank you very much for your petition. We hope you will continue to let us know of your concerns. Sincerely, William W. Burns City Manager WWB:rsc �; �_ ,-,�� .�z: .:�� i� ;, / � CITY OF F� �� MEMORANDUM Municipal C�nt�r 6431 University Avsnu� N.E. Fridler� MN 55432 (612) 571-3450 Office of the City Manager William W. Burns TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager��(� DAT$: BIIBJBCTs October il, 1990 Dial-a-Ride Program The attached letter directed to Commissioner Dan Erhart is submitted to the City Council for approval. The letter expresses the City Council's support for the dial-a-ride program, but also requests that future planning address expanded service of the Anoka County Traveler within Anoka County, and linkage of the program with other programs in Ramsey and Hennepin Counties. We recommend approval of this letter. WWB:rsc Attachment � � �� 1 I �F FRIDLEY WILLUM J• NEE MAYOR 19A FRIDLEI' MUtiiCfPAI_ CEtiTER •(wt;l UNIVERSITY' AVE. N.E. FRIDLEI', h4N 55-i3� • 16121571-3450 • FAX 16i'� �71-1?t;7 October 15, 1990 Commissioner Dan Erhart Chairman Anoka County Board of Commissioners Anoka County Courthouse 325 East Main Street Anoka, MN 55303 Dear Commissioner Erhart: At the October 1, 1990, meeting of the Fridley City Council, Mayor Elwyn Tinklenberg of the City of Blaine requested that we concur with the Transit Board's plans to institute a shared ride program for Fridley residents. It was understood that the shared ride proqram would be an extension of Columbia Heights' shared ride taxi service, and that it would provide dial-a-ride service for Fridley residents within the cities of Fridley, Columbia Heiqhts, and Hilltop. If Fridley residents wished to use this service for other Anoka County points of destination, they would need to arrange to meet the Anoka County Traveler at an agreed upon coordination point. Neither the shared ride taxi service nor the Anoka County Traveler, however, would provide dial-a-ride service for destination points outside Anoka County. In response to the proposed dial-a-ride proqram, the Fridley City Council extends its qualified support. While we remain discontent that there is a dual system for dial-a-ride service in different parts of Anoka County, we recoqnize the importance of implementing this program as quickly as possible with the money that is available. There is also some sentiment an the City Council for a dial-a-ride program that is coordinated with similar programs in iiennepin and Ramsey Counties. RESIDENCE • 219 LOGAN PARKWAY N.E. FRIDLEY, MINNESOrTA 55432 • PHONE (612) 5717595 1t-1� �3, Commissioner Dan Erhart October 15, 1990 Paqe Two Thank you for considerinq our request. We wish you the best of luck with what should be a valuable service for all of the senior citizens in Anoka County. Sincerely, William J. Nee Mayor �,; �,. /rsc � cc: Honorable Elwyn Tinklenberg �:, � � � �� DATE: TO: FROM: SUBJECT: C011/LMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM October 11, 1990 /y' ��- William Burns, City Manager�i• Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Approve Resolution of a Registered Land Survey, P.S. #90-05, City of Fridley and Dan Sullivan Attached is the resolution approving the registered land survey which creates two tracts in the vicinity of 1161 Regis Lane N.E. The purpose of the registered land survey is to clarify existing complicated metes and bounds descriptions in order that the Sullivan's Overlook plat can be recorded. The Sullivan's OverZook plat will be scheduled for final approval by the City Council at a meeting in November. Staff recommends that the City Council approve the attached resolution as presented. BD/dn M-90-731 20 20A RESOLUTION NO. - 1990 A RESOLUTION APPROVING A REGISTERED LAND SURVEY, P.S. #90-05 WHEREAS, the Planning Commission held a public hearing on the registered land survey, P.S. #90-05, on September 12, 1990 and recommended approval; and WHEREAS, the City Council also conducted a public hearing on the proposed registerd land survey at their October 15, 1990 Council meeting and approved the registered land survey at their meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the registered land survey, P.S. #90- 05, and authorizes the Mayor and City Manager to sign the registered land survey as prepared by Randy L. Kurth. BE IT FURTHER RESOLVED that the petitioner is requested to record this registered land survey at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 21 DATE: October 11, 1990 � � ' TO: William Burns, City Manager �' FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Public Hearing for Declaring Portions of Lots 1, 2 and all of Lot 3, Block 1, Central View Manor as Excess Property At the September 12, 1990 meeting, the Planning Commission conducted a public hearing for the rezoning and special use permit applications for the proposed Fridley Auto Mall by A1 Schrader. In recommending approval of both the rezoning and special use permit, the Planning Commission understood that part of the project would include approximately 18,500 square feet of City land if the Cublic�hearin declared the land to be surplus after conducting the p 9• The process would require the City Council to transfer the land to the Fridley Housing and Redevelopment Authority which then could negotiate a sale to the developer. By this method, the land would not have to be reconveyed to the State (see attached memo from Virgil Herrick dated 5eptember 1�, 1990). � Staff recommends that: 1. The City Council adopt a resolution declaring that the subject property is no longer needed for the purpose for which it was acquired and recommending that the property be conveyed to the Fridley Housing and Redevelopment Authority for purposes of assisting and improving the redevelopment of TIF District 9. That the legal description of the subject property is as follows: All of Lot 3 and that part of Lots 1 and 2, Block 1, Central View Manor lying northeasterly of the following described line: Beginning at a point on the east line of Lot 2 distant 59.50 feet north of the southeast corner of said Lot 2; thence northwesterly to a point on the west line of said Lot 2, said point being 67.56 feet south of the northwest corner of said Lot 2; thence northwesterly to a point on the north line of Lot 1, said last point being 19.00 feet west of the northeast corner of said Lot 1 and there terminating. Generally located at 73 1/2 Avenue and T.H. 65, Anoka County, Minnesota. 2. That a copy of the resolution be forwarded to the Anoka County Commissioners requesting that they approve the change in use of the subject property and upon approving the change that an application be sent to the Commissioner of Revenue requesting approval of the change in use of the subject property. 21A 3. That upon obtaining approval of Anoka County and the Commissioner of Revenue, that the City Council adopt an ordinance, as required by City Charter, declaring the property surplus and after the ordinance is in effect, deed the property from the City of Fridley to the Fridley Housing and Redevelopment Authority. lirgil C. Herrick ama D. Hoek �regg V. Herrick Oi Couroel �avid P. Newman T0: FROM: � DATE: RE: � HERRI�CI� � Ie1E`�'�l[�T ATTORI�iEYS AT LAW M E M 0 R A N D 0 M William W. Burns, Virgil C. Herrick, September 18, 1990 City Manager City Attorney Purchase Agreement for Aighway 65 Property Owned by the City of Fridley This memorandum is in response to your memo dated August 31, 1990 regarding the above subject. I have reviewed the memorandum and the attached Purchase Agreement. I have also discussed this property with Clyde Moravetz and Barb Dacy. The City of Fridley acquired title to Lots 1, 2 and 3, Block 1, Central View Manor, by three separate deeds conveyinq forfeited property. These deeds ran from the State of Minnesota to the City. One of the deeds is dated June 4, 1982 and the other deeds are dated June 11, 1982. The conveyance was made subject to the provisions of Minnesota Statutes Sections 282.01 to 282.12. Minnesota Statute 282.01 provides in part as follows: "Any tax- forfeited lands may be sold by the County Hoard to any governmental subdivision for any public purpose for which such subdivision is authorized to acquire property. The Commissioner of Revenue may convey by deed any tract of tax-forfeited land held in trust to any governmental subdivision for any authorized public purpose, provided that an application shall be submitted to the Commissioner with a statement of facts as to the use to be made of such tract. The Deed of Conveyance shall be conditioned upon the continued use of the property for the stated purpose. If the governinq body of the subdivision by resolution determines that some other public use shall be made of such lands, and such chanqe of use is approved by the County Board, an application for such change of use shall be made to the Commissioner.• The statute provides that whenever the govErnment subdivision ceases to use the property for the authorized public use, the municipality shall execute a deed conveyinq the property back to the Commissioner. There is, however, an exception which provides that if a sale or transfer of such lands is made by a housinq and redevelopment authority, such lands shall not be reconveyed to the State and shall not revert to the State. Suicc 205, 6401 Univcrsity Avenut N.E., Fridlcy, Minntsota 55432, 612-571-3850 21B 21C Memo to Bill Burns September�l8, 1990 Page 2 I would recommend that if the City of Fridley wishes to sell this property to the adjacent property owner for the purpose of assistinq in the redevelopment of that owner's property, an application should be made to the Anoka County Board requesting that a change be made in the use of the surplus property. The new use should be that the property will be used by the Fridley Housing and Redevelopment Authority as part of the redevelopment of the district of which the surplus proper�y is a part of that district. If the chanqe in use is approved by the County and the Commissioner of Revenue, then, as I interpret Minnesota Statute 282.01, the Housing and Redevelopment Authority could sell this property without having to reconvey it to the State and the right of reversion to the State would cease to exist. In addition to the would be necessary Pa=tY� steps outlined above, the followinq action in order to convey this property to a third 1. A survey would be necessary to determine the boundary lines and legal description of the surplus property. It is my understanding that the Public Works Department has completed this survey. 2. The Purchase Agreement between A.L.S. Properties and the City of Fridley or the Fridley HRA should be aqreed upon and executed. 3. An Abstract will have to be ordered, the expense of which will need to be paid by the City or the HRA, so that the buyer can determine that the City or the HRA has good title to the property. 4. The City will have to pass an ordinance declarinq the property as surplus. In doinq this the no�ice should use the legal description as provided by the survey. This ordinance will require two readinqs and publication. 5. A lot split will be needed in order to convey'portions of the lots to the prospective buyer. In order to complete the transfer of property, it would appear that a substantial amount of time will elapse. The first step should be to determine whether the council.wishes to pursue this transfer. If so, I believe that priority should be qiven to reachinq an agreement on the Purchase Agreement and getting that executed. Once that step has been taken, we can proceed with the other requirements. vc�:idb 21D RESOLUTION NO. - 1990 RESOLUTION REGARDING CHANGE OF USE OF SURPLUS LANDS WHEREAS, the City of Fridley acquired title to Lots 1, 2 and 3, Block 1, Central View Manor, Anoka County, Minnesota, by State Deeds conveying tax forfeited property; and WHEREAS, the conveyance of this property from the State of Minnesota to the City of Fridley was made under provisions of Minn. Stat. �282.01 and §282.12; and WHEREAS, the City of Fridley has used a portion of the above described property for the purposes enumerated in the Application made to the County of Anoka and State of Minnesota at the time that the property was transferred to the City; and WHEREAS, the following described properties are no longer needed for that purpose: All of Lot 3 and that part of Lots 1 and 2, Block 1, Central View Manor lying northeasterly of the following described line: Beginning at a point on the east line of Lot 2 distant 59.50 feet north of the soutY►east corner of said Lot 2; thence northwesterly to a point on the west line of said Lot 2, said point being 67.56 feet south of the northwest corner of said Lot 2; thence northwesterly to a point on the north line of Lot 1, said last point being 19.00 feet west of the northeast corner of said Lot 1 and there terminating. Generally located at 73 1/2 Avenue and T.H. 65, Anoka County, Minnesota. WHEREAS, Minn. Stat. §282.01 provides that if the governing body of such governmental subdivision by resolution determines that some other public use shall be made of such lands, and such change of use is approved by the county board and an application for such change of use is made to, and approved by the commissioner of revenue then the land may be used for the newly designated purpose. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council determines that the appropriate use for the above described property would be to transfer the property to the Fridley Housing and Revelopment Authority for the purpose of assisting in and improving the redevelopment of TIF District 9. 2. That the Mayor and City Manager are authorized to transmit copy of this Resolution along with a letter requesting the Anoka County Board to approve the change in use of the subject property upon approval to forward an application for such change of use to Commissioner of Revenue as provided in Minn. Stat. $282.01. F� and the PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS day of , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK 21E 21F PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearinq of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, October 15, 1990 at 7:30 p.m. for the purpose of: Consideration of the sale of excess property on Lot 3 and that part of Lots 1 and 2, Block 1, Central View Manor lying northeasterly of the following described line. Beginning at a point on the east line of Lot 2 distant 59.50 feet north of the southeast corner of said Lot 2; thence northwesterly to a point on the west line of said Lot 2, said point being 67.56 feet south of the northwest corner of said Lot 2; thence northwesterly to a point on the north line of Lot 1, said last point being 19.00 feet west of the northeast corner of said Lot 1 and there terminating. Generally located at 73 1/2 Avenue and T.H. 65. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: October 3, 1990 October 10, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 1G ZONING MAP ,� � pccu� ,� C J� ;�l'. ^c'JE ,� J JJ �lC,:t-JL- 21H � [9 � 0.00 i otc•lrve 18.9854 N 89'SO'49" E i Fi�� I � � I � i � i 'i i J � 4--� . . � �Q � ...� �\� \� ` � � -P ,\ . �� , � \ L7 }\� �l� .�j�JrvE � , Q �� J� � f �.�ve 15 JJ , n� � L�t 1 F 2+ � � �� N,:pfMF� 21 �000 Swto!w'h 20 ' e no ^.K0. ��1- � � � .SaL� AREA = 18,5y1.63 FEET ?F ��i '� ne Dy � � . �� \ �. % Q��, 25 � 00 � D \ \ \ �� \ D 0� Zq ', - iNlVO CA� '. h ...lrve �� \ 1 1a � • � �� 1 � Ii�fJrvC ' � � .. � � l�l� �'1�` ncc,,�2e � . l�3 0 00 f�e�c l�a.'.�1� 0� �� tit�'�xISC Engineering s�:We� w:�, � � Parks Streets Maintenance MEMORANDUM .$ . TO: William W. Burns, City Manager �•� PW90-392 FROM: John G. F1ora,�Public Works Director DATBz October 3, 1990 SUBJECT: Ashton Avenue Extension Based upon the discussion with the City Council at the October 1, 1990, Council meeting, I have prepared a resolution which requests the Anoka County Highway Department to delete the plans for extending Ashton Avenue north of 71st Way and also requests the incorporation for a bikeway/walkway trail system from Mississippi Street to Osborne Road. Recommend the City Council consider the attached resolution. JGF/ts Attachment 22 •, � � 22A RESOLIITION NO. - 1990 RESOLOTION TO THE ANOR7ill COIINTY HIt3HWAY DEPARTMFNT REMOVIN(i ASHTON AVBNQ$ FROM T8S EAST RIVER ROAD IIPGRADB PROJBCT WHEREAB, the Anoka County Highway Department is planninq on upgrading East River Road between Hartman Circle and Glen Creek Road, WHEREAB, the right-of-way exists on the east side of East River Road above 71st Way for the extension of Ashton Avenue, and WHEREAB, the residents in this area have submitted Petition No. 15 - 1990 requestinq that Ashton Avenue not be extended, and WBEREAB, the City is interested in providinq a bikeway/walkway on the east side of East River Road from Mississippi Street to Osborne Road. NOW, TBEREFORB, BE IT REBOLVED by the City Council of the City of Fridley requests that the extension of Ashton Avenue north of 71st Way to Glen Creek Road not be included in the East River Road Improvement Project, and B$ IT FIIRTBER RESOLVED that a bikeway/walkway system be incorporated in the East River Road upgrade plans from Mississippi Street north to Osborne Road, and °�` BB IT FIIItTBBR RESOLVED that any improvement associated with the ''A' project be positioned to the west of the east right-of-way line as much as possible. PASSED AND ADOPTED BY T$B CITY COIINCIL OF TH8 CITY OF FRZDLEY THIB DAY OF , 1990. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK �ty : FROM: DATE: BDBJSCT: f�.�,�„�,��,�,—`i s��wt� w.,�ci P,irMS $lrirels Md�ntenanc�� MEMORANDUM . William W. Burns, City Manaqer �!�'� PW90-401 John G. Flora,�Public Works Director October 9, 1990 Commons Park Monitoring We12s At the July 23, 1990, City Council meeting, Keys Well Drilling Company was awarded the contract to construct the monitoring well at Commons Park for a total cost of $9,910.00. Based on recommendations from Bruce A. Liesch Associates, Keys Well Drilling had to drill an additional 67 feet beyond the original estimate of 225 feet to reach the aquifer in question. Also an additional 14.5 hours of well development was required. These additional costs amounted to $2,249.00 for a final contract cost of $12,159.00. (See attached Bruce A. Liesch Associates letter and recommendation.) The total costs are still within the identified 1990 fund amount of $25,000.00 for'this project. Recommend the City Council approve Change Order No. 1 for $2,249.00 to Keys Well Drilling Company. JGF/kn Attachment CITY OF FRIDLEY 22-1 22-1 A 22-1 Q CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVE., N.E. FRIDLEY, 1rIId 55432 October 25, 1990 Keys well Drillinq Co. 413 North Lexinqton Parkway St. Paul, 1�T 55104 SUBJECT: Change Order No. 1 for Monitoring Wells At Commons Park Project No. 208 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the construction of Monitorinq Wells At Commons Park Project No. 208 by adding the following work: Additions• APPROX. ITEM OUANTITY PRICE AMOUNT 1. Boreholes (additional depth) 67 feet Lump Sum $ 536.00 2. Well development 41 feet Lump Sum 246.00 3. Deduct sand filter pack and seal 1 ($300.00) ( 300.00) 4. Grouting of four- inch monitoring wells 44 feet Lump Sum 220.00 5. Develop four-inch test well 14.5 hours Lump Swn 1,450.00 6. Barafos mud-thinner 1 Lump Sum 97.00 TOTAL l�DDITIONS . . . . . . . . . . . . $ 2.249.00 TOTAL CHANGE ORDERS: Original Contract amount . . . . . . . . . . . . . $ 9,910.00 Contract Additions - Change Order No. 1. .... 2.249.00 RBVIB$D COIiTR!►CT l�1rI0UNT � $12.159.00 22-1 B Keys Well Drillinq Co. Page Two Chanqe Order No. 1 October 15, 1990 Submitted and approved by John G. Flora, Public Works Director, on �a�15th day of October, 1990. I by ` .c.(9�— � by � n G. Flora, P.E. irector of Public Works Approved and accepted this day of � 1990, by 10EY8 118LL DAILLING CO. Approved and accepted this day of • 1990, by CZTY OF FRZDLSY William J. Nee, Mayor William W. Burns, City Manager a ��; . � .. �`�, �. �`�° , .a �..� �,,., �. �, � . _o;�; �, October 3, 1990 BRUCE A. LIESCH ASSOCIATES, INC. HYDROGEOLOGISTS • ENGINEERS • ENVIRONMENTAL SCIENTISTS 13400 15th Avenue No. • Plymouth, MN 55441 • 612-559-1423 • FAX No: 559-2202 Mr. John Flora, P.E. Public Works Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 Re: Keys Well Drilling Invoice Dear Mr. F'lora, 22-1 C Enclosed please find the invoice dated August 31, 1990 which we received from Keys Well Drilling Company for the monitoring well installations at Commans Park. We have reviewed this invoice before forwarding it to you. The unit prices used in the Keys billing are consistent with the unit prices for the items listed on our original Quote Tabulation Sheet and Purchase Order #� 5810. The total base quote of $ 9,910.00 is exceeded in the Keys invoice by � 2,249.00. This is partially the result of boreholes that exceeded in depth the estimate listed on the Quote Tabulation Sheet. We drilled a total additional footage of 6? feet beyond the original estimate of 225 feet. lt is not possible to predict in advance the exact subsurface geologic conditions that will be encountered with drilling and well conswction. This applies to development procedures as well which required development time beyond the original estimate. An additional 14.5 hours of well development by Keys was necessary to properly complete the monitoring wells using standard techniques (surging, jetting and pumping). We feel these additional costs were warranted. After you have reviewed this invoice. please do not hesitate to contact Mike McMurtry or Jim de Lambert with any comments or questions you may have. Please make payment for the Keys invoice to Bruce A. Liesch Associates so that we may compensate the subcontractor for his services. Sincerely, B.A. LIE.SCH ASSOCIATFS, INC. Michael McMurtry Geologist ljs:frid 103.wp � � ames de Lambert Consulting Hydrogeologist � 26A a FOR CONCURRENCE BY THE CITY COUNCIL LICEDTSEB GAS SERVICES Ray N. Welter Heating Co. 4637 Chicago Avenue Minneapolis, MN 55407 GENERAL CONTRACTOR Architext, Inc. 3916 West 50th Street Edina, MN 55424 Hoyt Construction 321 West 83rd Street Bloomington, MN 55420 J & N Contracting 15202 Isetta Street N.E. Ham Lake, MN 55304 Ray N. Welter Jr. Steven George Harold Thorlakson Jon Paulson Liridstrom Cleaning & Const. Inc. 9621 Tenth Avenue North Plymouth, MN 55441 Robert Hennen Olson, T.J. Company Box 201622 Bloomington, MN 55420 Valley Oaks Builders Inc. 2658 Sylvan Street Little Canada, MN 55117 HEATING Ray N. Welter Heating Co. 4637 Chicago Avenue Minneapolis, MN 55407 Theodore Olson Larry Dahl Ray N. Welter Jr. CLYDE WILEY Bldg/Mech Insp DARREL CLARK Chief Bldg Ofcl Same Same Same Same Same CLYDE WILEY Bldg/Mech Insp OWNER FOR CONCURRENCE BY THE CITY COUNCIL LICEN886 268 October 12, 1990 Page 1 LOCATION OF BUILDING UNITS FEE MULTIPLE DWELLING: Arnold Elmquist 5976 Ridge Creek Rd. Shoreview, I�I 55126 (same) (same) Jeffrey Harris 7397 Univ. Ave. Fridley, MN 55432 Arnold Elmquist (same) (same) (same) (same) Thomas Gliadon 6230 Sunrise Dr. Fridley, MN 55432 (same) (same) Building Management 6465 Wayzata Blvd. #301 Mpls, MN 55426 Jugal Agarwal 3015 12th St. NW New Brighton, I�I 55112 Edric - Associates c/o Edward Anderson 5024 Normandale Court Edina, 1�1 55436 63?0 Hwy. 65 6393 Hwy. 65 641? Hwy. 65 6160-64 Star Ln. 4901 3rd St. 4913 3rd St. 4921 3rd St. 4939 3rd St. 4949 3rd St. 5361-63 6th St. 5371-73 6th St. 5381-83 6th St. 1619 ?3rd Ave. 370-72 74th Ave. 1200 72nd Ave. 1582.50 7 7 2 7 7 � 7 7 2 2 2 24 54.00 54.00 36.00 54.00 54.00 54.00 54.00 54.00 24.00 24.00 24.00 73.00 2 36.00 4 2 163. 50 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR APPROVED BY R.H. LARSON, FIRE PROTECTION HURE?,U/HOUSING INSPECTOR