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F:;-. . . . _ i ,:.., A4 4.:.' �.� k t'k: � � pe ��.AY ��-€ha . . . ; FRIDLEY CITY COIINCIL MEETING €�;� � ATTENDENCE SHEET Monc�ay, March 25, 1991 � 7:30 P.M. �EASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN NAME (CLEARLY) � � J.7. Rv �� 'r2_c.� c � � 'a � 0 ADDRESS '/�`3 %%✓P�-v,`� � '/�� y�- �C� 16 � E �s"UJ'� E � „l ' z a'� �.-�.�� /z � '?� - j �-` ,e--( / I � 1`S �/ �G�iJd�l • a/� �� '[� fo3i2 tlHc� S7, N,�, IU ccJ 0 ITEM NUMBER , ��. �� , � z f�r�t�2 �l. y-. y. � �� - �/-�'_. `�� / --/ A FRIDLEY CITY COIINCIL MEETING OF MARCH 25, 1991 PaQe 2 PIIBLIC HEARING: Issuance of On Sale Beer License to Go Hyang Restaurant located at 6440 University Avenue N.E. . . . . . . . . . . . . . . 1 - lA OLD BUSINESS• Second Reading of an Ordinance Recodifying Section 113 of the FridZey City Code EntitZed "Solid Waste Disposal and Recycling Collection" by Adding Sections 113.01.03, 113.01.04, and I13.01.17 and Renumbering Consecutively, and Amending Section 113.07, and Amending Section 11 of the Fridley City Code Entitled "General Provisions and Fees" by Amending Yard Waste Transfer Site Gate Fee . . . . . . . . . . . . . . . . . 2 - 2B Appointments to City Commissions. . . . . . . . . . . . . . . . . . . . . . 3 - 3A NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 125, Entitled "Saunas and Massage Parlors," by Amending Section 125.02.06, by Adding New Section 125.03 "Exceptions," and by Renumbering the Remaining Sections Consecutively . . . . . . . . . . 4 - 4C FRIDLEY CITY COUNCIL MEETING OF MARCH 25, 1991 Paqe 3 NEW BIISINE3S (CONTINIIED): Variance Request, VAR #90-32, by First Western Development Corporation (Tabled 3/04/91) . . . . . . . . . . . . . . . . . . . . 5 Receive an Item from the Appeals Commission Meeting of February 19, 1991: . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 60 A. Variance Request, VAR #91-03, by Dan Szykulski, to Reduce the Rear Yard Setback from 30 Feet to 21 Feet; to Reduce the Setback of an Accessory Structure from the Rear and Side Lot Lines from 3 Feet to 1 Foot, to Allow the Construction of an Addition and the Existence of a Storage Shed on Lot 1, Block 2, Rice Creek Terrace Plat 6, the Same Being 6860 Madison Street N.E. Receive the Minutes of the Planning Commission Meeting of March 13, 1991: . . . . . . . . . 7 - 7.101 A. Set Public Hearing for April 8, 1991, for a Preliminary Plat, P.S. #91-01, by Milestone Hotel Investments, Inc., to Replat Part of Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, to be Described as Lots 1 and 2, Block 1, Skywood Mall Addition, Generally Located at 5201 - 5275 Central Avenue N.E. ............................. 7.08 - 7.11 ............................. 7.15 - 7.26 FRIDLEY CITY COIINCIL MEETING OF MARCA 25, 1991 NEW BIISINE38 (CONTINIIED): Receive the Minutes of the Planning Commission Meeting of March 13, 1991 (Continued): B. Resolution Approving a Subdivision, Lot Split, L.S. #91-02, to Split Lots 1 - 5, Auditor's Subdivision No. 153 into Two Separate Parcels, Parcel A and Parcel B, Generally Located at 5201 - 5275 Central Avenue N.E. ....................... ....................... C. Set Public Hearing for April 8, 1991, to Amend Chapter 205 of the Fridley City Code Entitled "Zoning," by Amending Sections 205.03, "Definitions," and Section 205.07, "R-1, One Family Dwelling District Regulations" (Accessory Apartments) ............ Receive an Item from the Appeals Commission Meeting of March 12, 1991: A. Variance Request, VAR #91-04, by Milestone Hotel Investments, Inc., to Reduce the Side Yard Setback from 15 Feet to 0 Feet for Proposed Lots 1 and 2, Block 1, Skywood Mall Addition, to Allow a Zero Lot Line in a Commercial District, Generally Located at 5201 - 5275 Central Avenue N . E . . . . . . . . . . 7.11 - 7.12 7.27 - 7.57 7 - 7.08 7.58 - 7.101 PaQe 4 . . . . . . . . 8 - 8P Approval of 1991 Anoka County Solid Waste Abatement Joint Powers Agreement . . . . . . . . . 9 - 9E FRIDLEY CITY COIINCiL MEETING OF MARCH 25, 1991 Paqe 5 NEW BIISINESS (CONTINIIED): Approval of Change Order to Contract with Determan Welding for Refurbishing Aerial Ladder . . . . . . . . . . . . . . . . . . . . . . 10 - lOB Approval of Agreement Between the Cities of Bloomington and Fridley for Provision of Hepatitis B Vaccine . . . . . . . . . . 11 - 11E Receive Bids and Award Contract for Corridor Maintenance Project No. 217 . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 12C Motion to Approve the Advertisement for Bids for the Automated Fuel Dispensing System, Equipment/Vehicle Cost Control and Repair Parts Inventory , Systems Identified in this 1991 Public Works Capital Improvement Plan . . . . . . . . . . . . . 13 - 13B Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Street Improvement Project No. ST. 1991 - 1& 2(Overlay and 73rd Avenue) . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14B rK1LLLi V11i VVUNVIL M��11N� Vr' MAKVA L7� 17y1 rage 6 NEW BUSINE88 (CONTINiTED): Resolution Ordering Improvement and Approval of Plans and Ordering Advertisement for Bids: Street Improvement Project No. ST. 1991 - 1& 2(Overlay and 73rd Avenue ) . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15A Resolution Between the Cities of Columbia Heights and Fridley Establishing a Joint Powers Agreement for the Storm Sewer Improvements Associated with the CZover Pond and 52nd Avenue Flooding . . . . . . . . . . . . . . . . . . . . . . . . 16 - 16E Resolution Authorizing the Nomination of Mayor William J. Nee for the C. C. Ludwig Award for Distinguished Municipal Service . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17A Informal Status Reports . . . . . . . . . . . . . . . . . 18 Claims . . . . . . . . . . . . . . . . . . . . . . . . . 19 Licenses . . . . . . . . . . . . . . . . . . . . . . . . 20 - 20E Estimates. . . . . . . . . . . . . . . . . . . . . . . . 21 ADJOIIRN• � ;� � . � -�� `: t �: -� � . . � t . . *� �.i,; 4 � . .. . . . . 4�t .. �. � x . . . . . . f �! ��f Y^ _ . .. . . � . � �"��.. } _ . � � ' � � A' � � f� �� _ } _ , . { f �� . . . . . } ,' k. �i j # . . . . . . . . t �� M1 t ��_: � �F� Y �_ : y} � �� , ' a �, � ��s�'� � , T�� 1.��8 !� +a� ��Y�# VZ� r�fiA�i�+i�� # -��r�r��'r��,�� .. . . � ' �� , � � . � . . �. , b , � � ?�9 �, G lt�l'I�t 4, 1991 , :� � ' � � . 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THE MINIITES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF MARCH 4. 1991 The Regular Meeting of the Fridley City Council was called to order at 7:37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PROCLAMATIONS: GIRL SCOUT WEEK - MARCH 10 - 16, 1991: Mayor Nee issued a proclamation proclaiming the week of March 10 through 16, 1991 as Girl Scout Week in the City of Fridley. VOLUNTEERS OF AMERICA WEEK - MARCH 3- 9. 1991: Mayor Nee read and issued a proclamation proclaiming the week of March 3 through 9, 1991 as Volunteers of America Week in the City of Fridley. PRESENTATION OF CERTIFICATE OF APPRECIATION: JERRY SHEREK - APPEALS COMMIS5ION: Mayor Nee stated that a Certificate of Appreciation is being given to Jerry Sherek for his services as a member of the Appeals Commission from March, 1986 to January, 1991 and in recognition of his contribution to the City. Mayor Nee requested that this certificate be sent to Mr. Sherek. APPROVAL OF MINUTES: COUNCIL MEETING. FEBRUARY 25, 1991: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MARCH 4. 1991 PAGE 2 ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. STATE LEGISLATIVE UPDATE - SENATOR DON FRANK: Senator Frank stated that he was pleased to speak to the Council this evening in regard to Legislative activities. He stated that there are, basically, four items he would like to address and answer any questions by the Council. Senator Frank stated that one of the issues is reapportionment and redrawing the district lines based on the census. He stated that based on the history of the reapportionment process he doubted if it would be accomplished in this Legislative session. He stated that an interesting aspect was in 1970-72 and in 1980 there were court challenges to any drawing of the lines, and those challenges were filed in Federal District Court. He stated that the challenges this year have been filed in State Court. Senator Frank stated if that is the case, the judges that would eventually decide the reapportionment issue would be two Democrats and one Republican, but in the Federal District Court the judges would most likely have been two Republicans and one Democrat. He stated that where the challenge is filed may be a basis for the decision on where the reapportionment lines are set. Senator Frank stated that in regard to fiscal disparities there are three bills which address this issue. He stated all of the three bills that were introduced were referred to the Tax Committee. He stated that he will, hopefully, get those bills into his Metropolitan Affairs Committee for consideration. Senator Frank stated that he is aware of the fiscal disparities impact on the City's structure. He said in all of Anoka County the County taxpayers win but that it does have a negative impact on the City itself. Senator Frank stated another issue is that the Metropolitan Affairs Committee has had various hearings surrounding light rail transit, the Metropolitan Council, the Rapid Transit Authority, Metropolitan Transit Authority, Depart�ent of Transportation, and the Metropolitan Airport Commission. He stated that the Metropolitan Affairs Committee will address issues that impact residents and taxpayers of the metropolitan area. FRIDLEY CITY COIINCIL MEETING OF MARCH 4, 1991 PAGE 3 Senator Frank stated that in regard to Governor Carlson's budget balancing proposal, all members of local government are acutely aware of potential impacts on the budgets of local government. He stated he can see that it has a very profound impact on Fridley and, if this proposal passes, it would have a dramatic affect on the property taxes in Fridley. Senator Frank stated that the Governor feels the tax proposal, as he proposes, will basically pass intact. He stated that there is disagreement, but one has to remember that the Governor has the ultimate supreme tool of the veto. iie stated that he also felt it would be very difficult for the House and Senate to override a veto. He stated that whatever aomes out of both houses stands a distinct risk of being vetoed by the Governor if it is dramatically different from the proposal. Senator Frank stated that the budget balancing proposal is not in the form of a bill and not in writing. He stated the Governor proposes that leadership from both houses meet with him to discuss the budget balancing proposal. He stated that if the Democrats in the Legislature do not agree they should come up with an alternate plan. He stated that the tax proposal given to the Legislature in an oral and summary memo would indeed have a very negative impact on local units of government. He stated that Mayor Nee has spelled out in detail what the impact an Fridley would be, and it would be very horrendous. He stated he did not think the bill that would eventually survive prior to any veto would look anywhere near the proposal. He stated that if the Legislature has to go into special session he is not convinced the Governor will not survive with a major portion of his proposal intact. Couneilwoman Jorgenson asked whether in the reapportionment the metropolitan communities would have more Senatorial districts than what currently exists. Senator Frank stated that the metropolitan area comprises about 52 percent of the population. He stated it is anticipated that areas outside the metropolitan area would lose up to six Legislative districts and core cities may lose representation depending on how lines are drawn. Councilman Schneider asked Senator Frank about his thoughts on light rail transit and when this may happen. Senator Frank stated that there have been hearings and in-depth conversations with those involved with the planning. He feels that light rail transit has a poor chance of passing in the Legislature primarily because of the funding. He stated that if you look at the mill structures in the counties, Anoka County's millage was downgraded. He stated that Hennepin County could bond for one arm of the light rail transit system. He stated that he did not see light rail transit as a viable project because of the inability to tax it to sustain it. FRIDLEY CITY COIINCIL MEETING OF MARCH 4, 1991 PAGE 4 Councilman Billings stated that the Council passed a resolution indicating they would not support Hennepin County's proposal regarding fiscal disparities. Senator Frank stated that he has received a copy of this resolution and felt it was unanimous across his district that elected officials do not support a change in the formula or a capping on fiscal disparities. He stated that he would do everything he could to freeze those bills. Councilman Billings stated that he believed Representative Munger had introduced a bill to the effect that if wetlands are going to be mitigated, it needs to be done within the same watershed district. He stated that the City has not taken an official position; however, there is now a project in the City which would be impacted if this bill was passed. Councilman Billings stated that the City has two watershed districts within its boundaries, Rice Creek and Six Cities. He stated that there is a site in the Six Cities Watershed District where the developer wants to mitigate some wetlands, and there is a site in the Rice Creek Watershed District where residents want some wetlands and a park. He stated that as he understands the Munger bill, this would not be permitted. Senator Frank stated that he has not seen the bill, but he is very pleased that this has been called to his attention. Councilman Billings suggested that the Community Development Director could send some background information on Meadowlands Park to Senator Frank in the event this bill gets to the floor. Senator Frank stated that he would be happy to receive this information. Senator Frank stated that he has introduced a bill that, basically, raises penalties for violation of the obscenity statutes. He stated that he is still looking at court cases in Texas and Georgia which may provide a guide for future legislation. He stated that he felt he could not wait to analyze these laws further, and the thrust of his bill is to increase penalties. Mr. Herrick, City Attorney, stated that Senator Frank's bill may not solve all the problems, but it is a good step. Mayor Nee stated that in regard to the Governor's budget balancing proposal, he would like Senator Frank to try to convey what the impact would be on a community such as Fridley. He stated that what Governor Carlson's supporters are saying is that reckless city spending is the major cause of State finanee problems; State aid of cities causes reckless city spending; and city spending is a Great Black Hole. Mayor Nee stated the fact is that of all jurisdictions receiving State funds, cities are the most conservative. He stated that from FRIDLEY CITY COIINCIL MEETING OF MARCB 4, 1991 PAGE 5 information prepared by the State Auditor's Office, spending increases between 1980 and 1988 have increased by only about 3 percent for cities, whereas spending on the county level has increased by about 18 percent and 22 percent for the school districts. He stated that what the statistics showed is that over a nine year period, there was only a$1.09 increase per capita in city spending. He stated that this is not the picture of free- wheeling spending. He stated that the hard fact is that cities have been cutting their staff by about 7 percent, and the State has increased staffing by 11 percent. Mayor Nee stated that State Aid to Local Governments from 1984 to 1991 has increased by 63 percent to the schools, 27 percent to the counties and 18 percent to the cities. He stated that he is sensitive when the State is saying that city spending is the big problem because, frankly, that is not true. Mayor Nee stated that under Governor Carlson's proposal Fridley would lose $700,000 in local government aids, a loss of $863,400 in homestead credits, a$6, 281, 987 loss in the value of the tax base, and a$314,099,350 loss in the tax base's market value. He stated that the Governor's proposal would decimate the Fridley tax base as eommercial and industrial property comprises 59 percent of the City's tax base and with this proposal it would be 31.8 percent of the tax base. Mayor Nee stated that the affect on the City and schools is a loss of 60 percent of the City's commercial/industrial tax capacity, and business and homeowners will have to make it up. He stated that Governor Carlson's proposal shifts costs of local service from income tax and sales tax to property tax and the property tax burden from commercial and industrial properties to homeowners. Mayor Nee stated that if the Governor thinks the people will not be outraged, he is wrong. He asked Senator Frank to convey these feelings to Governor Carlson. Senator Frank stated that the Tax Committee will go into very fine detail on the proposal once it is submitted. He stated that if the tax bases are cut to this degree, citias will have to raise taxes or cut services . He stated that this would be undoing what was done in the early 1970's to try to downgrade the amount of property tax most people have to pay. He stated that the Democrats will make every effort to downgrade the property tax. He stated that the League of Women Voters proposes income tax increases rather than these tremendous downgrading of services or a combination of downgrading of services and an increase in the property taxes. He stated that he hoped this message will get across. Mr. Burns, City Manager, stated that the City is trying to get into some strategic planning and would like to identify the worst or best case scenario on what would come out of this Legislative session in regard to government cutbacks. FRIDLEY CITY COIINCIL MEETING OF MARCH 4. 1991 PAGE 6 Senator Frank stated that it would be presumptuous on his part to respond to Mr. Burns' inquiry. He stated that as the session progresses and they have a bill in front of them, he could come and give them an update. He stated that, at this point, it is too early to project. Mayor Nee thanked Senator Frank for presenting this update to the Council. PUBLIC HEARING: 1. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT NO. ST 1991-2 j73RD AVENUE UPGR.ADE1: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing opened at 8:24 p.in. Mr. Flora, Public Works Director, stated that in 1982 the City completed a portion of the improvements on 73rd Avenue between University Avenue and the railroad tracks. He stated that in 1984 improvements were completed between Baker Street and Central Avenue. He stated that the improvement which is being addressed in this hearing is on 73rd Avenue between Symphony and Baker Streets as a means of removing frost boils, potholes, poor sub- grade and improving the storm water runoff as well as completing the bikeway/walkway system from the east to Locke and Community Parks. Mr. Flora stated that this section of 73rd Avenue is proposed to be widened and upgraded to an eleven ton design. He stated that the improvement will also include concrete curb and gutter, sidewalks, bikeway, storm sewer, water and sanitary sewer, and landscaping. He stated that all affected property owners have been notified of this proposed improvement. He stated that there would be no assessment to property owners on the north side of 73rd Avenue; however, properties on the south side would be assessed for a portion of the improvement. Councilman Billings asked about changes in the intersections. Mr. Flora stated that there is currently a one way slip-off on 73rd from Baker to Able Street and with the improvement, traffic going east would be directed to turn down Able Street. Mr. Flora stated that it is proposed to narrow the intersection at Jackson between the service drive and 73rd to the approximate width of Jackson Street. FRIDLEY CITY COIINCIL MEETING OF MARCH 4. 1991 PAGE 7 Councilman Billings asked how this impacts the cars that are westbound on �3rd Avenue. Mr. Flora stated that it would still allow vehicles to exit from 73rd and continue on Jackson Street. Mr. Fiora stated that the intersection at Symphony and 73rd would be narrowed and a right turn movement allowed onto Symphony Street. Ms. Dianne McKusick, 7330 Van Buren Street, stated that she just received the notice of the public hearing late this afternoon so she did not have much time to contact residents in her area. She asked if it is anticipated that the speed limit on 73rd Avenue would be changed. Mr. Flora stated that there is no plan to change the speed limit. Ms. McKusick asked the time period for completing this project. Mr. Flora stated that it would take about two months. He stated that the road would remain open, and the only inconvenience may be when the final mat of asphalt is placed. Ms. McKusick asked if there would be an increase in truck traffic. Mr. Flora stated that with development in the Northco plat there probably will be some additional traffic, probably not more trucks, but more cars. Ms. McKusick stated that she hoped any landscaping removed to accommodate the improvement would be replaced. Mr. Flora stated that most of the area involved in the improvement does not have that much landscaping. He stated that there will be some additional plantings along the Baker Street entrance and, with development in the Northco plat, additional landscaping will be required along 73rd Avenue. Mr. Dick Pearson, 7331 Jackson Street, felt that with the widening, it would make it more difficult to get onto 73rd Avenue from Jackson. He stated that he liked the idea of narrowing the intersection, but he is concerned that this may cause congestion to get out to 73rd. Mr. Flora stated that it is possible to install a four-way stop sign at the Jackson Street intersection. Mr. Wayne Prochniak, 7305 Van Buren Street, stated that he had a concern when Target was allowed to expand. He stated that the residents were told they would not be able to see this development. He stated that there was very little landscaping done and with this improvement it would be removed. He felt that it was not a good FRIDLEY CITY COIINCIL MEETING OF MARCH 4, 1991 PAGE 8 idea to entice children to cross that street due to the heavy traffic and did not think the bikeway was a good idea as it would expose children to extremely fast drivers. Mr. Prochniak stated that his other concern is he has a very difficult time getting onto 73rd Avenue. He stated that there are no controls and traffic is very fast. He stated that the intersection at Jackson Street has cars all trying to go in four different directions. He stated that it would be nice to designate the left and right turn lanes. He felt that the traffic needed to be controlled and slowed down and turn lanes need to be provided to proceed into the intersection in an orderly fashion. Mr. Flora stated that Target has planted a number of evergreen trees. He stated that they are pretty small but we will have to deal with it for the time being. Mr. Prochniak stated that there was to be a wetlands reclamation at Baker Street. He felt that he could do a better job and something should be done. Ms. Dacy, Community Development Director, stated that the Army Corps of Engineers required Target to recreate a wetlands. She stated that the Army Corps of Engineers and the U.S. Fish and Wildlife have developed specific slopes and require certain types of grasses to be planted to re-create the wetlands habitat. She stated that a number of trees were removed, and Tarqet planted evergreens in excess of the typical standards. She stated that while it is not as dense as it was previously, Target had to comply with City standards as well as the wetland requirements. She stated that they are trying to add more landscaping at the entrance but do not want to adverseZy affect the vision safety zones. She stated that they are looking at the Jackson Street entrance to add additional plantings. She stated that those businesses locating in the Northco plat will also have to submit landscaping plans. Mr. Prochniak stated that Governor Carlson's budget balancing proposal was discussed and if passed, the business base will go down and homeowners will bear the brunt. He stated that the City is making improvements essentially for the business base that is to the detriment of the homeowners. He stated that in all likelihood the Governor's proposal will pass in some version or another and it seems the City should look at preserving the homeowners' tax base. MOTION by Councilman Billings to receive letters from Robert Larsen Partners and Northco Fridley Associates Limited Partnership in regard to this improvement. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. No other persons in the audience spoke regarding this proposed improvement of 73rd Avenue. FRIDLEY CITY COIINCIL MEETING OF MARCH 4, 1991 PAGE 9 MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:50 p.m. OLD BUSINESS: 2. APPROVAL OF AGREEMENTS FOR REFERENDUM RETURNS TO INDEPENDENT SCHOOL DISTRICT NOS. 11, 13, 14, AND 16 (TABLED 117j91): Mr. Pribyl, Finance Director, stated that the HRA has agreed to return the full amount of the tax increments associated with the school district levy referendums that will be payable in 1991. He stated that the agreements would accomplish what the HRA has intended. Councilman Billings stated he understands that the State statute provides that the Council needs to execute the agreements, however, it is the HRA funds that are involved. MOTION by Councilman Billings to approve the agreements with School Districts No. il, 13, 14, and 16 for referendum returns and direct the appropriate City officials to execute the documents. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 3. FIRST READING OF AN ORDINANCE RECODIFYING SECTION 113 OF THE FRIDLEY CITY CODE ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" BY ADDING SECTIONS 113.01.03, 113.01.04, AND 113.01.17 AND RENUMBERTNG CON5ECUTIVELY AND AMENDING SECTION 113.07 AND AMENDING SECTION 11 OF THE FRIDLEY CITY CODE ENTITLED "GENERAL PROVISIONS AND FEES" BY AMENDING YARD WASTE TRANSFER SITE GATE FEE: Ms. Dacy, Community Development Director, stated that this amendment to the ordinance concerns changes on what materials could be composted. She stated that the ordinance now defines only tree leaves and grass clippings, but the amendment would include fruit or vegetable waste, egg shells, and coffee grounds. She stated that the amendment would also provide standards of how compost areas are to be constructed and maintained. Ms. Dacy stated that the amendment also proposes changes in the yard waste transfer site fee to $2.00 per car and $3.50 per truck or trailer. She stated that cars would be allowed return trips up to ten bags in one day with a dated receipt, but trucks would have to pay an additional fee for any return trips. FRIDLEY CITY COUNCIL MEETING OF MARCH 4. 1991 PAGB 10 Councilman Billings asked if materials acceptable for compostinq also include stems from flowers and small twigs from trimming hedges or bushes. Ms. Dacy stated that the yard waste definition was changed to account for what could be transferred from the City's site to the compost site in Bunker Hills. Councilman Billings stated that the University of Minnesota and other organizations promoting composting refer to a layer of soil or dirt or adding a small amount of fertilizer. Ha stated he noticed that this is not mentioned but asked if it is permissible. Ms. Dacy stated that it is permissible because that addition would not cause any adverse impact. She stated that they are trying to outline items which they feel would cause a problem with the compost. Councilman Billings felt that staff should determine if this ordinance should include any language in regard to fertilizer as it is not now listed as something a compost area might contain. He stated that on Earth Day there was a presentation given at the Nature Center and perhaps those persons could be asked to review the ordinance as to what is acceptable composting. Councilwoman Jorgenson stated that if fertilizer is added, it does have to be turned to allow composting of the materials. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE THE MINLTTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 20, 1991: A. SPECIAL USE PERMIT, SP #9Z-02. BY VANCE AND MARY NELSON, TO ALLOW THE CONSTRUCTION OF A GARAGE AND ADDITIONAL LIVING AREA IN THE CRP-2 (FLOOD FRINGE) DISTRICT, ON LOTS 18-21, BLOCK Y, RIVERVIEW iiEIGHTS ADDITION THE SAME BEING 600 BUFFALO STREET N.E. Ms. Dacy, Community Development Director, stated that this special use permit is requested to allow the addition of an attached garage and additional living area in the Flood Fringe District. She stated that the Department of Natural Resources reviewed the proposed floor plan, and the living area will be above the 100 year flood elevation of 823 feet; however, the storage, garage, and shop area will be below the flood elevation. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with four stipulations, which she FRIDLEY CITY COIINCIL MEETING OF MARCH 4, 1991 PAGE 11 outlined. It was noted that the stipulations require the petitioner to sign and record against the property an agreement that holds the City harmless for any equipment lost from the shop area or the shop area itself and that the shop area and garage area shall not be converted to habitable living area. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP �91-02, with the following stipulations: (1) The addition shall be flood- proofed in accordance with the requirements of the building code; (2) An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the l00 year flood elevation; (3) The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment or materials lost from the addition; and (4) The petitioner shall sign and record against the property an agreement which states that the shop area shall not be converted to habitable living area. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. SPECIAL USE PERMIT. SP #91-03. BY STEVE WEISENBERGER FOR ABRA� TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EOUIPMENT ON LOT 4, BLOCK 2, EAST RANCH ESTATES SECOND ADDITION, GENERALLY IACATED AT 7710 UNIVERSITY AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request to amend ABRA's original special use permit that prohibits the outdoor storage of vehicles. She stated that the petitioner is proposing to construct a fenced in area to the rear of the building for this purpose. Ms. Dacy stated that the Planning Commission recommended approval of the special use permit subject to four stipulations, which she outlined. Councilman Billings asked, in regard to Stipulation No. 4, if it was necessary to specify the length of time the City shall hold the bond. Ms. Dacy stated that the typical City policy is to hold the bond until the improvements are completed. Councilwoman Jorgenson asked what has changed since the original special use permit was issued in 1987 to require outdoor storage. Mr. Jim Benson, representing ABRA, stated that when this building was constructed in 1987 it was designed to handle all the business inside the building. He stated over the years the business has grown, and ABRA is unable to store all vehicles inside the FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1991 PAG$ 12 building. He stated that in order to solve the problem a screened area is propased in the back to store vehicles. Councilwoman Jorgenson asked how long ABRA anticipated a vehicle would be in the storage area. Mr. Benson stated that ABRA nornaally schedules and completes the work on the same day. He stated that the delay may happen when parts sometimes are not available. He stated that the longest a vehicle has stayed on the property is for two weeks. Councilwoman Jorgenson asked if it was anticipated that this storage area would need to be expanded in several years. Mr. Benson stated that ABRA's long-range business plan is not to expand the building but to construct other ABRA facilities. He stated that other facilities have recently been constructed in Coon Rapids and Maplewood. MOTION by Councilman Billings to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #91-03, with the following stipulations: (i) The expanded parking area shall be paved and lined with curbing; (2) A six foot high screening fence shall be constructed to enclose the storage area; (3) Stipuiation No. 9 from SP #87-11 to enclose the dumpster shall be completed; and (4) A performance bond in the amount of 10 percent of the construction costs of the outdoor improvements shall be issued to the City. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated that there is a letter to Steve Weisenberg, Manager of ABRA, dated November 19, 1990 which refers to the date of July 6, 1990 as when the Council issued SP #87-11 and asked that this date by corrected to July 6, 1987. C. RESOLUTION NO. 26-1991 APPROVING A SUBDIVISION LOT SPLIT L.S. #91-01, TO SPLIT OFF THAT PART OF LOT 6. BLACK 5. PEARSON'S CRAIGWAY ESTATES, 2ND ADDITION, ANOKA COUNTY. MINNESOTA, WHICH LIES SOUTHEASTERLY OF A LINE 3.5 FEET NORTHWESTERLY OF AND PARALLEL WITH THE SOUTHEAST LINE OF SAID LOT 6, AND COMBINE IT WITH LOT 7, GENERALLY LOCATED AT 7$36 AND 7830 ALDEN WAY N..E: MOTION by Councilman Fitzpatrick to adopt Resolution No. 26-1991, with the stipulation that the portion to be split shall be combined with Lot 7 and expressed on one tax statement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of February 20, 1991. Seconded by FRIDLEY CITY COIINCIL MEETING OF MARCH 4, 1991 PAGE 13 Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. �2ECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF FEBRUARY 5, 1991• A. VARIANCE REOUEST. VAR #91-02 BY VANCE AND MARY NELSON TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 14.5 FEET FOR AN EXISTING CONDITION, AND TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 21 FEET TO ALLOW THE CONSTRUCTION OF A GARAGE AND ADDITIONAL LIVING SPACE ON LOTS 18-21 BLOCK Y RIVERVI W HEIGHTS ADDITION, THE SAME BEING 600 BUFFALO STREET. N.E.: Ms. Dacy, Community Development Director, stated that this is a request for variances to reduce the required front yard setback from 35 to 14.5 feet for an existing condition and from 35 to 21 feet for a proposed two-story addition. She stated that it is staff's recommendation that the variance for the existing condition be approved, but to deny the variance for the proposed addition. Ms. Dacy stated that the Appeals Commission recommended approval of both variance requests. MOTION by Councilman Fitzpatrick to grant Variance, VAR #91-02, to reduce the front yard setback from 35 to 14.5 feet for an existing condition and to reduce the front yard setback from 35 to 21 feet to allow construction of a garage and additional living space. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. VARIANCE REOUEST. VAR #90-32 BY FIRST WESTERN DEVELOPMENT CORPORATION (TABLED 2125/91)• Ms. Dacy, Community Development Director, stated that she has not heard from First Western Development Corporation regarding changes to the proposed site plan and recommended the Council postpone action on the variances until March 25, 1991. MOTION by Councilwoman Jorgenson to table this item to March 25, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. APPROVAL OF AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND FRIDLEY FOR PROVISION OF HEPATITIS B VACCINE: Mr. Hunt, Assistant to the City Manager, stated that recently OSHA required cities and other employers to assess the risk to their employees on the contraction of Hepatitis B. He stated that for those employees judged to be at risk, the City is required to offer them vaccine at City expense. He stated that in reviewing the costs it would be over $200 for each person. FRIDLEY CITY COIINCIL ME$TING OF MARCH 4, 1991 PAGE 14 Mr. Hunt stated that last December the City of Bloomington offered the services of their Health Department to conduct the immunizations. He stated that they buy the vaccine from the Federal government and take care of the immunizations at various clinics throughout the �etropolitan area. He stated that the cost would be $140 per person. He stated that in order for them to administer the vaccine the City of Bloomington wants a contract to hold them harmless. He stated that he would recommend the Council approve the agreement for these immunizations. MOTION by Councilwoman Jorgenson to authorize the City to enter into this agreement with the City of Bloomington for administering Hepatitis B immunizations. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 27-1991 ORDERING IMPROVEMENT, APPROVAL OF PLANS �iND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST 199i - 10 (SEALCOAT): MOTION by Councilwoman Jorgenson to adopt Resolution No. 27-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 28-1991 ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS• SANITARY SEWER REPAIR �ROJECT NO. 221 {HACKMANN AVENUE): MOTION by Councilman Schneider to adopt Resolution No. 28-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 29-1991 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FUND AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE CAPITAL IMPROVEMENT FUND STREET DIVISION TO THE 1990 STREET FUND: MOTION by Councilwoman Jorgenson to adopt Resolution No. 29-1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RE50LUTION NO. 30-1991 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FUND AND AUTHORIZING THE TRANSFER OF FUNDS FROM TIiE CAPITAL IMPROVEMENT FUND, PARK DIVISION TO THE 1990 STREET FUND: MOTION by Councilman Schneider to adopt Resolution No. 30-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � I � i I - f i FRIDLEY CITY COIINCIL MEETING OF MARCH 4. 1991 PAGE 15 12. APPROVAL OF AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEY AND HERRICK & NEWMAN LAW FIRM FOR CITY ATTORNEY SERVICES: MOTION by Councilman Fitzpatrick to authorize the City to enter into this agreement with Herrick & Newman for City Attorney services. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. INFORMAL STATUS REPORTS: There were no infornaal status reports; however, Mayor Nee announced that the State Finance Division is holding a hearing regarding legislation pertaining to education at the Fridley High School auditorium at 7:30 p.m. on March 7 for anyone who may be interested. 14. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claims No. 36499 through 36605. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked about the organization, Citizens for a Better Environment. MOTION by Councilman Billings to table this until after the estimates. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Herrick & Newman 205 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Attorney for the Month of February, 1991. ......$2,816.40 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF MARCH 4. 1991 PAG$ 16 15. LICENSES• MOTION by Councilwoman Jorgenson to remove the licenses from the table. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Pribyl, Finance Director, stated that the organization, Citizens for a Better Environment, solicits funds for improving the environment. He stated that this license was reviewed by the Pubiic Safety Director and recommended for approval. Councilwoman Jorgenson asked if they were a non-profit charitable organization. Mr. Pribyl stated that they have provided a copy of their Articles of Incorporation and were a non-profit organization. UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION FOR APPROVAL OF THE LICENSES, all voted aye, and Mayor Nee declared the motion carried unanimously. _AL�JOURNMENT• 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 March 4, 1991 adjourned at 9:29 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: FINANCE DEPARTMENT � � �n� MEMORANDUM ��- TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SIIBJECT: PUBLIC HEARING FOR GO HYANG RESTAORANT DATE: March 21, 1991 Attached is the public hearing notice that was published in the Focus February 27th and March 6th. The owner has been notified both in writing and via the telephone of the public hearing on March 25th, and has been asked to be in attendance. The Go Hyang Restaurant is a Korean cuisine type restaurant and is requesting the issuance of a regular on-sale beer license. RDP/me Attachment 1 � CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: t�otice is hereby given that the Council of the City of Fridley will hold a public hearing at the Fridley Municipal Center, 6431 University Avenue Northeast on March 25, 1991 at 7:30 p.m. on the question of issuing a regular On Sale Beer license to Go Nyang Restaurant fQr the property located at 6440 University Avenue Northeast. Anyone having an interest in this matter should make their interest known �t th�s pub1ic hearing. SHIRLEY A. HAAPALA CITY CLERK Publish: february 27, 1991 March 6, 1991 1A r _ � DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley March 18, 1991 William Burns, City Manager I° �� Barbara Dacy, Community Development Director Steven Barg, Planning Assistant Second Reading of an Ordinance Amendment Regulating Composting, and Establishing a New Fee for Yard Waste Transfer Site BACKGROUND Attached for second reading is the ordinance amendment revising Chapters 113 (Solid Waste) regulating composting, and Chapter 11 (General Provisions and Fees) regulating the yard waste transfer site gate fee. The City Council approved this amendment for first reading at its March 4, 1991 meeting. During discussion at the meeting on March 4, 1991, the City Council expressed concerns regarding the list of materials considered acceptable for composting as stated in Chapter 113.07.02.A of the amendment. Staff has further researched this issue and the amendment has been revised to address the City Council's concerns. In addition, staff has revised the portion of the amendment pertaining to the yard waste transfer site gate fee. The purpose of this revision is to further clarify the size and type of vehicles for which the stated fee is applicable. RECOMMENDATION Staff recommends that the City Council approve the attached ordinance amendment for second reading. SB/dn M-91-193 ORDINANCE NO. ORDINANCE RECODIFYING SECTION 113 OF THE FRIDLEY CITY CODE ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" BY ADDING SECTIONS 113.01.03, 113.01.04, AND 113.01.17 AND RENUMBERING CONSECUTIVELY, AND AMENDING SECTION 113.07, AND AMENDING SECTION 11 OF THE FRIDLEY CITY CODE ENTITLED "GENERAL PROVISIONS AND FEES" BY AMENDING YARD WASTE TRANSFER SITE GATE FEE The Council of the City of Fridley does hereby ordain as follows: 113.01. DEFINITIONS 3. Compost. A mixture of decaying organic matter in a contained area. 4. Composting. Any above ground microbial process that converts yard waste and other materials identified in Section 113.07.02 to organic soil additive or mulch by decomposition of material through an aerobic process providing adequate o�gen and moisture. 17. Yard Waste. Lawn clippings and leaves. 113.07. SOLID WASTE DISPOSAL/COMPOSTING 1. No person shall dispose of solid waste, as defined in Section 113.01.10, upon any lands in the City of Fridley unless on an approved landfill site, except that composting may be conducted if in full accordance with the terms of Section 113.07.2. 2. Composting is permitted on residential properties containing up to four dwelling units provided that all of the following conditions are met: A. A compost area may consist of, but is not limited to, yard waste, fruit or vegetable waste, garden waste, egg shells, coffee grounds, soil, fertilizer, flowers, or small shrub trimmings or twigs (1/4 inch diameter maximum) generated from the site on which the compost site is located. However, in no case are the following materials permitted in compost areas: meat, bones, grease, whole eggs, dairy products, and human or pet feces. 2A � k Ordinance No. Page 2 � C. � A compost area must be fully confined within a fenced area or enclosed structure. A compost area may not be located in any front yard and must be at least five (5) feet from any side or rear lot line. A compost area may not exceed 250 square feet or four (4) feet in height. E. A compost area must not be established or maintained in a manner such that it creates a nuisance to adjacent properties. As part of regular maintenance, the compost area must periodically be mixed to promote efficient biological deterioration. 11.10. FEES CODE 113 SUBJECT Yard Waste Transfer Site Gate Fee FEE $2.00 per car $3.50 per pickup truck or small trailer PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: March 4, 1991 Second Reading: Publication: : WILLIAM J. NEE - MAYOR �_ I COMMISSION TERMS THAT AILL ERPIRE IN 1991 FOR CITY COUNCIL CONSIDERATION Term Term Present Members Expires Avpointee Expires PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term) GENERAL Donald Betzold 4-1-91 4-1-94 CHAIR VICE-CHAIR CBAIR David Kondrick 4-1-91 PARRS & REC. CHAIR Bradley Sielaff 4-1-91 ENVIRON. QIIALITY CHAIR Diane Savage 4-1-92 APPEALS COMM. CHAIR HIIMAN REB. AT LARGE AT LARGE Susan Sherek Dean Saba Connie Modig 4-1-93 4-1-92 4-1-93 4-1-94 4-1-94 APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) CiiAIR Diane Savage 4-1-92 VICE- Larry Kuechle 4-1-93 CHAIR Kenneth Vos 4-1-93 Catherine Smith 4-1-91 4-1-94 Carol Beaulieu 4-1-94 ENVIRONMENTAL OUALITY AND ENERGY COMMISSION (Chapter 6) (7 Members - 3 Year Term) CHAIR Bradley Sielaff 4-1-91 4-1-94 VICE- Paul Dahlberg 4-1-92 CHAIR Richard Svanda 4-1-91 4-1-94 Dean Saba 4-1-92 Steven A. Stark 4-1-92 Susan Price 4-1-93 Bruce Bondow 4-1-92 3 Term Term Present Members Expires Appointee Expires HIIMAN RESOIIRCES COMMISSION (Chapter 6) (5 Members - 3 Year Term) CHAIR Susan Sherek 4-1-93 VICE- Susan Jackson 4-1-91 4-1-94 CHAIR LeRoy Oquist 4-1-92 Marija Netz 4-1-92 John P. Velin 4-1-93 PARRS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term) CHAIR David Kondrick 4-1-91 4-1-94 VICE- Mary Schreiner 4-1-91 4-1-94 CHAIR John Gargaro 4-1-93 Dick Young 4-1-92 Tim Solberg 4-1-92 80IISING AND REDEVELOPMENT AIITHORITY (5 Members - 5 Year Term) CHAIR Larry Commers 6-9-94 VICE- Virginia Schnabel 6-9-95 CHAIR John E. Meyer 6-9-91 6-9-96 J. R. McFarland 6-9-92 Duane Prairie 6-9-93 CABLE TELEVISION COMMISSION (Sec. 405.28)(5 Members-3 Yr. Term) CHAIR Ralph Stouffer 4-1-93 VICE- Barbara Hughes 4-1-91 4-1-94 CHAIR Duane Peterson 4-1-92 Burt Weaver 4-1-93 Robert Scott 4-1-91 4-1-94 POLICE COMMISSION (Chapter 102)(3 Members - 3 Year Term) CHAIR John K. Hinsverk 4-1-91 4-1-94 Mavis Hauge 4-1-92 Tim Breider 4-1-93 3 A ��,�`°��,�,�\ E - �� • � POLICE DEPARTMENT City of Fridley Minnesota DATE �RCH 8, 1991 FROM PUBLIC SAFETY DIRECTOR, J.P SUBJECT THERAPEUTIC MASSAGE SAUNA AND MASSAGE PARLOR ORDINANCE AMENDMENT MEMORANDUM � ACTION! lNFO Enclosed is an ordinance for first reading recodifying the Fridley City Code, Chapter 125, entitled "Saunas and Massage Parlors", by amending section 125.02.06, by adding new section 125.03 "Exceptions," and by renumbering the remaining sections consecutively. On January 12, 1990 the Mayor and Council received a letter from Martha Bernt, Massage Therapist, a resid�ent of Fridley. The letter related to therapeutic massage practice and difficulties complying with our sauna/massage parlor ordinance. On February l, 1990 I met with Martha Brent and Jim Trauer, president of the Minnesota Therapeutic Massage Network. We discussed their difficulty and the approach some other cities including St.Paul, Blaine, West St. Paul, St.Louis Park, and Savage were doing to address the issue. We concluded the meeting with the understanding that I was sympathetic with their cause, would research the issue, and consider relief for their practice. They were also advised it may take some time to achieve this objective due to a list of other priorities. I have concluded my research on this issue and have been in contact with Martha Brent as well as a David Grocott, who has replaced Jim Trauer as the spokesperson. It is my conclusion that the simplest approach to this issue is to exempt qualified massage therapist from the license provisions of our massage ordinance, if they meet specific criteria. In addition to massage therapist, other logical exemptions were identified including medical professions and bona fide establishments whose nature of business would not preclude persons of all ages on the premises. JPHjsa 0 ORDINANCE NO. AN ORDTNANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 125, ENTITLED '�SAUNAS AND MASSAGE PARLORS,�� BY AMENDING SECTION 125.02.06, BY ADDING NEW SECTION 125.03 '�EXCEPTIONS, �� AND BY RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY 125.02. DEFTNITIONS 6. Massage Parlor. Any premises at or in which massage is performed for a fee or other consideration paid either directl}� or indirectly. ��.nac1 harain � cithcr aHa : �662-61�6�9��` =6J�V2i� ��3 S1�S�3 "-�p° ��-�%+�s g� ��s��i�ss �e� kstl8--�i��e6 �f 1��»}i �Fi rr��-i �r� l c.1�nl l #e-e��e��--€�e� ��e-p�ev}s}e�s e€ ,-'�; � ��,.�-; ^ ,.^�� e€ ��--�-t#�e-��c-�a�es}�a� e� eve��-�� s s��se�e� ��7-� ,.�,,,� � j��.n�_�,ra_�h s�t� o� �ee�� e��a��e�s�—�e�� €��e—��s�esT sl *+='!+'Liac or inctitLttion� .�,� �•,^��i��2.2� �'@��6J�Bii A� �A�& ��@� �3A� o v=-�v= a ��A.��t—��v�r �r�a= �aaQ�e= o a�e e��g��ss�� --P��s��s�e� €�-r�� e r�nii i roxpQn,tC p£ thic-1`hantcr �'+ r+ s ,� -,--P��v��e� �� e—pe��€e��}�g a€ m��c�� t�bs=a=a=��e--�h�-P�=€r��g—ra€--��e� se��ees a�� s�s-.—��e€-. '�-�a-�- 125.03. Exceptions. A license is not recruired under this chapter as follows• 1. The practice of inedicine. surgerv, osteopathy, chiropractic phvsical therapy, or podiatry and persons duly licensed in this State to practice said services. 2. Hospitals, sanatoriums, rest homes, nursinq homes or other approved institutions established for the hospitalization or care of human beings which are duly licensed under the provisions of Minnesota Statutes, Chapter 144. 3. Bona fide health/sport establishments which allow persons of all aaes on the premises and meet the following criteria: � � Page 2 --Ordinance No. A. The primary purpose of the establishment is health and fitness; massage or sauna service is subsidiarv. B. No more than twentv (20) percent of the establishment revenue is derived from massaqe or sauna. C. Sauna or massage facilities shall not occu�v more than 10% of the establishment. 4. Athletic directors and trainers who perform massages in the course of any athletic program or event which is sponsored by a local unit of government or bona fide educational institution complying with State or local requlations. 5. Beautv culturist and barbers licensed in this State to provide said services, who do not give, or hold themselves out to give. massage treatments, as defined in this chapter, other than those customarily given in such sho�s or place of business in coniunction with their licensed services. 6. Hotels, motels, and apartment buildings which allow persons of all_ages on the premises, in which saunas or massaae are provided incidental to the rental of rooms and the use of which is limited to tenants of the res�ective facilities. A tenant is defined as a person using a hotel, motel or apartment building as overnight lodging. 7. Nonprofit corporation or association provided that such corporation or association is duly orqanized under the laws of the State of Minnesota for civic fraternal social or business purposes, which meet the followinct criteria; A. Persons of all ages are allowed on the premises. B. Duly organized for at least two (2) years. C. Shall have at least twentv-five (25) members for the last year and maintain at least twenty-five L25� members. D. Has an ongoing membership which list is available to Citv officials for inspection at any reasonable time. 8. Bona fide massage therapist who can demonstrate to the Citv the following criteria. A. A minimum of 150 (one hundred-fifty) hours of certified therapeutic massage training from a massaqe therapy school accepted by a bona fide state or national therapeutic massaqe organization of which the massage therarpist is a member in good standincL � - Page 3 -- Ordinance No. B. A current membership, in good standing, in a bona fide national or State therapeutic massa,ge oraani2ation with a written and enforceable code of ethics, and approved by the City• C. Insurance coveraQe of one million S$1,000,000) dollars for personal liability in the practice of thera,.peutic massage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading Publish: 4C WILLIAM J. NEE - MAYOR � _ � Community Development Department PLANNING DIVISION City of Fridley DATE: March 21, 1991 TO: William Burns, City Manager �. �'� . FROM: SUBJECT: Barbara Dacy, Community Development Director First Western Development Variance Requests The developer contacted me on March 5, 1991 regarding the status of the variance application. He indicated that Target is still working on site plan changes. He stated that both he and Target are still interested in the project; however, they need additional time. He asked that I not schedule him for any upcoming meetings until he notifies me. Therefore, the City Council should table this item indefinitely at the request of the developer. BD/dn M-91-204 � � Community Development Department � NG DIVISION City of Fridley DATE: February 27, 1991 � a. TO: P William Burns, City Manager�, FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SIIBJECT: Variance Request, VAR #91-03, by Dan Szykulski On February 19, 1991, the Appeals Commission voted unanimously to recommend denial of the variance request to the City Council. Staff recommends that the Council concur with the Appeals Commission action. MM:ls � � STAFF REPORT APPEALS DATE February 19, 1991 CI-IY OF PLANN{NG COMMISSfON DATE F��.� CIIY COUNCIL DATE : I��cn 2s, t99 t AuT� �`'i/ls REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION 6860 Madison st. S1TE DATA SIZE DENSITY PRESENT ZONiNG ADJACENT LAND USES 8� ZONING UT�.f'1'IES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPAT�ILITY WITH ADJACENT USES E� ZON�IG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENOATION �TAR #91-03 Dan Szykulski To reduve the rear yard setback frcan 30 ft. to 21 ft. Z+o reduce the setback of an accessozy bui.lding f�an the rear and side lot lines frcxn 3 ft, to 1 ft. io,�oo Sq, �t, 1�-1, Single Family Dwelling 1�1, Single Family Dwelling Yes Yes Denial Denial 6A �EC. /4, T. 30, R. 24 'TY OF fRIDLEY � i ,l �� N//1 CO�INER �S�fC. �s� : � . 1 � ! � ``, }� .� � �' �� . N.E. N.E. 'T'f '' ('_:..r,J ,, i `; 3 1 2 � src.�+ �7 �2 VAR 1�91-03 Dan Szykulski � tMS IS A CC �� 7HEY APrF�� OffICES AFfE'. lM1S DRAWlNC REfERENCE IUR TY IS NOi RES ACCURAUES 53 NE C S, d + � zQ 3 k : 6 A 2 9� rs+vdy,u M (•�� o�i,.� i �.seoi � � L� r. ''� �.'i ai. y 3"�,��w b) �J WJ /w/j wj G >qV, 3 2 � �. e�f/I � y �� r � � _ .r _ 1 � rV� _ � � � 13 14 eoi�NO w. � COUN/Y SUI awo.� carr. sB LOCATION MAP � u�cci VAR �� 9 1-03 Dan S7vkttl Gki � 4 � r� :S� -+-_ 4-." 1 N ii Yl 1'Jl��jf ��. �1� / jJ oecr sc ZONING MAP � Staff Report VAR #91-03, 6860 Madison Street N.E. Page 2 A. STATED HARDSHIP: "While remodeling house, I would like to add a 4 season porch closer to property line than allowed. Need to know for bid from building and to go ahead with architect's drawings." B: ADMINISTRATIVE STAFF REVIEW: Request The petitianer is requesting a rear yard variance to allow the construction of a four-season porch and also a reduction in the setback from the rear and side lot lines to allow the existence of an 80 sq. ft. storage shed. The request is for Lot 1, Block 2, Rice Creek Terrace Plat 6, the same being 6860 Madison Street N.E. Site Located on the parcel is a single family dwelling unit with an attached two-car garage. The lot is a corner lot. The property is zoned R-1, Single Family Dwelling Unit, as are the parcels to the north, south, east, and west. The petitioner is proposing to enclose an existing concrete patio and also to construct a four-season porch with decks on either side of it. Analysis Section 205.07.03.D.(3).(a) of the Fridley City Code requires a rear yard setback of not less than 25� of the lot depth with not less than 25 feet permitted or more than 40 feet required for the main building. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. In order to construct the four season porch, the petitioner is requesting a reduction of the rear yard setback from 30 feet to 21 feet. The Code allows accessory uses such as decks to encroach into the required setback by 10 feet. The petitioner could construct a 14 foot by 34 foot unenclosed deck in the area proposed for the four-season porch without requiring a variance. In addition, the petitioner could also expand the house to meet the 17 1/2 foot setback from Washington Street if the petitioner needs additional living area. .� Staff Report VAR #91-03, 6860 Madison Street N.E. Page 3 Analysis Section 205.04.05.8.1 of the Fridley City Code requires that accessory buildings and structures in the rear yard shall not be any closer than 3 feet from any lot line. Public purpose served by this requirement is to ensure adequate separation between structures. The petitioner has constructed an 8 foot by 10 foot storage shed in the northwest corner of the property. The shed is located 1 foot from the rear and side lot lines. The Code requires that all accessory structures be placed 3 feet from the lot line. In addition, a 6 foot drainage easement runs north/south along the west property line. The shed cannot be constructed within the easement area unless the easement has been vacated. In addition, the Chief Building Official has stated that the walls of the shed shall need to be 1 hour fire rated if they are closer than the required 3 feet. The petitioner can relocate the shed to conform to the City Code requirements as there is adequate area on the lot. Recommendation Staff recommends that the Appeals Commission recommend to the City Council denial of both variances: (1) To reduce the rear yard setback from 30 feet to 21 feet; and (2) to reduce the setback of an accessory structure from the rear and side lot lines from 3 feet to 1 foot, as the petitioner can meet the required setbacks. Appeals Commission Action The Appeais Commission voted unanimously to recommend to City Council denial of the variance request in its entirety. City Council Recommendation Staff recommends that the City Councnil concur with the Appeals Commission action. 6E VAR ��91-03 sF SITE PLAN i� CI'Z'Y OF F12IDI�EY 5431 iAJIVF•RSITY AVF�tOi: N.E. FRIDLEY, IrIld 55432 (612) 571-3450 �l ��'�'" `�� -�' �°%; 1. n n� i ► � - • � a.a+ � _� . �n.a .,,... �_...,............. _ VARIAN� APPT�C�Z'I(II�T F�NI .,..............�....,.��_�..... __�_ P�aDPE�i'Y II�TIO�t - site plan required for sulxnittals; see attached Address: �� ?S (,Q � ` ��Gt'� �.`J I'� 5 � � � _ � � Legal de.scription: �'tG�� r� I a�� 2 ��,�aa�� __ �c � cc� e K i� C�G,� Cx�rre.nt zoning: �. � j Square footage/aGreaSe %�. �UC� Sa �fi� � Rea��on for variance arri t,ar�Gh;p: t�1�.�\� Cer,cx��-\inG �•��5�- 1. c.�vvtr� likc TU �cA � L( Se�su� ��fc-� CivSe� t�y QcaQ�cry t��c �t�,an a��tx,`= � tJee � tcnc�W f'vt' Section of City Oode: �� f0i� �JU+(a�� £ 7G f� c��e c��t� 1�(�� hec�"5 �!'�c,.in 5� _..�� ._... ...w._...�� ...._ � .�..._ ..� F'E�. �2 INIb�IATIOTT `� � t'� /Z c. � 2e� � r � R C�Ir �/ZC�c �i � � t / L' � � ' (Cont�act PurcY�asers: , r�r� =-.�c�i, s - � Fee OwnPxs ria�st sign this foYm prior to prooessi.t�g) � lS�c� •..:-�. ...v u _` � ' � , .� � i • . i . r � � � �' r. ►• • �L � . u � S��K�lstc� •..,-�. .. . . . i nA�r*rn�rF PHCk]E � �� " �C%�� I�ATE / ^ 3 I "� � t Fee: $100.00 .,,... ..,....�-�-.�__��_.,.._�__ $ 60.00 ��— for residential propeities ��xmit v� # � / - � �- �ipt # 2, �j C b � Application z-eaeived by: �� 1 19 � Srheduled Appeals Oca�¢nission date: �� << �I , 1�� Scheduled City axuicil date: 6G PIIBLIC HEARING BEFORE TH$ APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, February 19, 1991, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR �91-03, by Dan szykulski: Per Section 205.07.03.D.(3).(a) of the Fridley City Code, to reduce the rear yard setback from 30 feet to 21 feet, and Per Section 205.04.05.B. (1) of the Fridley City Code, to reduce the setback of an accessory structure from the rear and side lot lines from 3 feet to 1 foot, to allow the construction of an addition and the existence of a storage shed on Lot l, Block 2, Rice Creek Terrace Plat 6, the same being 6860 Madison Street N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 6H City Cbimcil City Manager ' ID.ane Savac� 567 Rive Creek Terraoe N.E. Fridley, N�V 55432 Charles i�Teiser 6876 Madison St�reet Fridley, MR1 55432 Alan Folie 6866 Madison Street Fridley, N�t 55432 I�aQarence Doth. 6873 7th.Street Fridley, MN 55432 Gloy Ilelson 6871 7th. Stree.t Frid]_ey, NNiVV 55432 Harold Kutzke 6867 7th. Street Fridley, N�T 55432 Joseph.Szykulsk�. 686Q Madison Street Fridley, N�I 55432 Nk�ril TnIil]a:a� 6874 �Vashington Street Fridley, N.�1 55432 MAII.,II�G LIST FOR �ARIANCE # 91-Q3. Marvin Prindle 6870 Washington Street Fridley, N�1 55432 Byron Johnson 6862 �vashingt�on St,reet Fridley, N.�T 55432 Walte,r Miskiw 6861 W�hislgton Street Fridley�, N�i 55432 �erald Fi,sher • 6865 HTasha=nc�ton Street Fridley, NN 55432 Vernon 3ittner 6871 Was'n:i.ngton Street Fr�dley, N�T 55432 Davi.d Slcjervold 6875 WasTungton Street Fridley, 1t+1V 55432 Frank Fexguson 6850 Jef,ferson Street Fridley, M�T 55432 Charles Mykkanen 684Q Je,fferson Stseet Fridley, NN 55432 � Robert Johnson 6869 l�dison Street Fridiey, N�I 55432 Ri_chard Gierdal 6863 Madison Street Fridley, 1�Md 55432 El.mer Hansen &857 Madison Street Fra.dley, NN 55432 Joseph Hrncir 6851 Madison Street k'ridley, r'*1 55432 Leo Anderson 684I tgadison Street Fridley, .N�1 55432 CITY OF FRIDLEY APPEALS COMMISSION MEETING, FEBRIIARY 19, 1991 �YMrA AwMM r��►N M��YN��.Y��SM�►�Y�►��N�►M��N�rAA�Y�� w� �Y�MN� MN�YMti�Y�►MNNMM� CALL TO ORDER• Vice-Chairperson Kuechle called the February 19, 1991, meeting to order at 7:30 p.m. ROLL CALL• Members Present: Larry Kuechle, Ken Vos, Cathy Smith Members Absent: Diane Savage, Carol Beaulieu Others Present: Michele McPherson, Planning Assistant Dan Szykulski, 6860 Madison Street N.E. Maril Williams, 6874 Washington Street N.E. Alan Folie, 6866 Madison Street N.E. Chuck & LaVonne Weiser, 6876 Madison St. N.E. APPROVAL OF FEBRUARY 5 1991 APPEALS COMMISSION MINUTES: MOTION by Ms. Smith, seconded by Dr. Vos, to approve the February 5, 1991, Appeals Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE� VICE-CSAIRPERSON KIIECHLE DECLARED THE MOTION CARRIED IINANIMOIISLY. CONSIDERATION OF VARIANCE REQUEST VAR #91-03. BY DAN SZYKULSKI: 1. Per Section 205.07.03.D.(3).(a) of the Fridley City Code, to reduce the rear yard setback from 30 feet to 21 feet; and 2. Per Section 205.04.05.B.(1) of the Fridley City Code, to reduce the setback of an accessory structure from the rear and side lot lines from 3 feet to 1 foot; To allow the construction of an addition and the existence of a storage shed on Lot l, Block 2, Rice Creek Terrace Plat 6, the same being 6�360 Madison Street N.E. MOTION by Dr. Vos, seconded by Ms. Smith, to open the public hearing. QPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERBON RIIECHLE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARIN(3 OPEN AT 7:32 P.M. 6J - APPEALS COMMISSION MEETING, FEBRIIARY 19, 1991 PAGE 2 Ms. McPherson stated that the property is located at the northwest corner of Madison Street and Washington Street. The property is zoned R-1, Single Family Dwelling, as are the parcels surrounding it. Ms. McPherson stated that located on the parcel is a single family dwelling unit with an unenclosed patio, a storage shed, and an attached two-car garage. The petitioner is proposing to enclose the existing concrete patio and construct an addition which will consist of a four-season porch in the middle, with two 10 ft. by 14 ft. deck areas on either side of the four-season porch. Ms. McPherson stated the first variance request is to reduce the rear yard setback from 30 feet to 21 feet. This is a corner lot, and the Code determines the front yard to be the shortest of the two frontages, so, in this instance, the garage accesses the side corner of the lot. Ms. McPherson stated the Code does allow accessory structures such as decks, unenclosed stairways, patios, etc., to encroach into the required setback by 10 feet. The petitioner is proposing to construct a four-season porch within the required rear yard, reducing the rear yard setback from 30 feet to 21 feet. Ms. McPherson stated that in lieu of this variance request, staff has proposed either constructing just the unenclosed deck area or, if the petitioner needs more living space, the petitioner has an option to construct an addition up to 17 1/2 feet from the property line on Washington Street. Ms. McPherson stated the second request deals with the shed that exists in the rear corner of the property. As submitted, the petitioner has stated that the shed is 1 foot from both the side and rear lot lines. The Code requires a 3 foot setback between any accessory building and the side or rear lot lines. In reviewing the file, Darrel Clark, Chief Building Official, noted that there is a 6 foot drainage easement which runs along the rear of the property. This should be vacated if the petitioner wishes to leave the shed in this location. Since the shed is only 8 feet by 10 feet, staff is recommending that the petitioner relocate the shed closer to the deck area or to another portion of the yard. Ms. McPherson stated staff is recommending that the Appeals Commission recommend to the City Council denial of both variances. Ms. McPherson stated she did review the adjacent properties in the files. For the property at 6866 Madison Street, the petitioner has indicated that the garage is 1 foot from the property line; however, there is no variance on record in the file. For the property at 6874 Washington Street, the garage is located adjacent to the rear yard of the petitioner's yard, and there is 12 feet � APPEALS COMMISSION MEETING, FEBRIIARY 19, 1991 PAGE 3 from the property line to the side of the garage. In the general vicinity, there are no other variances of this type. Mr. Dan Szykulski stated that he wanted the four-season porch so they can have the outdoor feel without being outside for four seasons of the year. The proposed location seems to be the most suitable. If they were to expand on the Washington Street side to meet code, they have a side door on the Washington Street side with a foyer. They also have a side door on the Madison Street side. So, the four-season porch would be off the foyer, rtot off the actual living area. Mr. Szykulski stated that the "public purpose" for the code requirement "is to provide rear yard space to be used for green areas which enhance the neighborhood'�. If the City allows a deck to be built of the same size, it is taking up as much green area as the enclosure. Mr. Szykulski stated the storage shed was built in the spring/summer of 1970 by his father who did not know the code requirement. There is a concrete slab under the shed. The shed could be removed, but there are mature trees in the back yard, and he would be encroaching on the house, although he is encroachinq on the neighbor's garage right now. Mr. Kuechle asked if the drainage easement actually functions for drainage. Mr. Szykulski stated that it doesn't. He has lived there 20 years. His property tapers down toward Washington and down toward Madison, and the water drains to both streets. Ms. McPherson stated that unless the drainage runs along the back of the neighboring properties and then to the petitioner's property and out to the street, she did know if it would be necessary to keep the easement. Mr. Kuechle asked if the Commission has to address the shed issue. Ms. McPherson stated the petitioner could file a vacation of the drainage easement, and that would eliminate the fact of the shed being in the easement. When staff processes variances, they look at the entire property and all the accessory structures and that is why the shed is being addressed also. If the Commission recvmmends approval of the shed variance, they should make a stipulation that the easement be vacated. Dr. Vos asked the petitioner about his hardship. Mr. Szykulski stated there is no real hardship, other than the fact that the proposed addition has to be closer to the lot line; and 6L APPEALB COMMISSION MEETING, FEBRIIARY 19, 1991 PAGE 4 there is no other place to add on without making the house look inconsistent with other houses in the neighborhood. Ms. Smith asked Mr. Szykulski what he would do if the Commission recommends denial of the variances. Mr. Szykulski stated he would probably just build the deck. Mr. Alan Folie, 6866 Madison Street N.E., stated he owns the house directly to the north of the petitioner. He just wanted to make sure that the addition will be single story and that the home will stay single family. Mr. Szykulski addition, and property. stated that the addition will be a single story there is no intention to change the use of the Dr. Vos stated that when Mr. Folie looks to the south from his property, he will look into the petitioner's new addition and more structures. Did he have any objection to that? Mr. Folie stated that view is not all that valuable. It is his feeling that whatever Mr. Szykulski does to his house to improve it will increase the value of his home also. It is hard to imagine how the addition will look before it is built. Dr. Vos asked if the petitioner is allowed to build as proposed, would that hinder the ability of the homeowner to the west to e�cpand? Ms. McPherson stated that assuming that both sides of the drainage easement are not vacated, there would be a minimum of 27 feet between the edge of the four-season porch and the neighbor's garage, should the neighbor to the west decide to expand. Mr. Maril Williams, 6874 Washington Street N.E., stated he is the neighbor to the west. The 6 foot easement is not 6 feet on each side. When he rebuilt after the tornado, he asked for a variance; and he was told it was a 3 foot easement on each side for a total of 6 feet. He stated he has had water problems, and that is the reason for the easement. Ms. McPherson stated she would verify that easement before the Council meeting. Mr. Williams stated he had no objection to the variance and addition as proposed by Mr. Szykulski. Mr. Kuechle stated that even if the easement is only 3 feet, the petitioner is still in trouble with the shed. If the City does not approve the variance for the storage shed, isn't that putting a finite lifetime on the shed? However, if the City approves the �6M k APPEALS COMMI83ION MEETING, FEBROARY 19. 1991 PAGE 5 variance, then does that mean that the variance goes with the property and is there forever? Ms. McPherson stated that is correct. Ms. Smith asked if they can put a stipulation on the variance that the variance is for the existing structure only. Ms. McPherson stated she believed the Appeals Commission could recommend that stipulation to the Council. Technically, if the Commission recommends denial on the shed variance, and the Council approves the shed variance, the petitioner should vacate the easement; or at least understand that he is taking a risk by having the shed in the easement. If the City or NSP or anyone else has to do work in the easement, the shed would have to be removed. Dr. Vos stated that according to Mr. Williams, there have been some water problems in that back section of Washington and Madison. If some neighbor believes that shed is causing a water drainage problem and the shed is in violation of the ordinance, that might be grounds for removal of the shed. Ms . McPherson stated if the City grants a variance to allow the shed in the easement, the City, cou}.d be partially liable for allowing a structure in the drainage easement. MOTION by Dr. Vos, seconded by Ms. Smith, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CBAIRPERSON 1CIIEC8LE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CL08ED AT 8:07 P.M. Dr. Vos stated he believed they should separate the two variances. They are really two entirely different issues. Dr. Vos stated that regarding the four-season porch, the petitioner is going to enclose a fairly large area already--about 20 feet by 20 feet and come out with a deck on the west side. As he understood the Code, usually there has to be hardship regarding the property, the way the house is designed on the lot, or a hardship because there is no other feasible place to put an addition. He did not see a hardship, and he would vote for denial of the four- season porch. Ms. Smith stated she agreed with Dr. Vos. There doesn't seem to be much of a hardship. Mr. Kuechle also agreed. One of the criteria that the Commission uses in granting a variance is that there has to be something unique about the particular piece of property or some special hardship that exists for the property.that doesn't ordinarily exist 6N APPEALS COMMIBSION MEETING. FEBROARY 19� 1991 PAGE 6 in like properties. If that is the case, they haven't identified it; and he would recommend to the City Council denial of this variance request. OM TION by Dr. Vos, seconded by Ms. Smith, to recommend to City Council denial of variance request, VAR #91-03, by Dan Szykulski, per Section 205.07.03.D.(3).(a) of the Fridley City Code, to reduce the rear yard setback from 30 feet to 21 feet, ta allow the construction of an addition and the existence of a storage shed on Lot 1, Block 2, Rice Creek Terrace Plat 6, the same being 6860 Madison Street N.E. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Smith stated that the second variarice request for the storage shed is a difficult one. Nonaally, she is inclined to recommend approval of a request that brings something existing into compliance; however, since this is a 20 year old storage shed and there are so many problems that could be created by approving the variance, she would have to recommend denial. Dr. Vos stated that if the storage shed is left in its current location, there is liability with the neighbors. There is no easy way to solve this problem. For many years, it was not a problem, but now suddenly it is a problem. He would like the Council to make the decision on this, so he would recommend denial. Mr. Kuechle stated he agreed. Even if the Commission recommended approval of the variance request from 3 feet to 1 foot, there is still the problem of the drainage easement. The Commission really doesn't have any right to recommend approval of a variance to place a shed on top of a drainage easement. It is really a moot point, because the drainage easement situation seems to override the shed. He would reaommend denial. MOTION by Ms. Smith, seconded by Dr. Vos, to recommend to City Council denial of variance request, VAR #91-03, to per Section 205.04.05.B.(1� of the Fridley City Code, to reduce the setback of an accessory structure from the rear and side lot lines from 3 feet to 1 foot, to allow the construction of an addition and the existence of a storage shed on Lot 1, Block 2, Rice Creek Terrace Plat 6, the same being 6860 Madison Street N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KIIECHLE DECLARED THE MOTZON CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on March 25, 1991. . • CITY OF FRIDL$Y PLANNING COMMISSION MEETING, MARCH 13, 1991 N M M MM NN MIrMN NMMM MNM MNMM�VM Arw�MM�YMNNMNNMMNMMMNwrMM NMMMNNMNMNMNMMMN�MMN CALL TO ORDER• Chairperson Betzold called the March 13, 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Don Betzold, Dean Saba, Sue Sherek, Diane Savage, Connie Modig, Brad Sielaff Members Absent: Dave Kondrick Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Tim Ring, Marquette Bank C. Gudmundson, Milestone Hotel Investments, Inc. Les and Marie Linngren, 533 - 53 1/2 Avenue N.E. Betti Ledermann, 548 - 53 1/2 Avenue N.E. Roger Stene, 870 Pandora Drive Tom and Pam Olin, 136 River Edge Way APPROVAL OF FEBRUARY 20 1991 PLANNING COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Saba, to approve the February 20, 1991, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECI,ARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE ENTITLED "20NING" BY AMENDING SECTIONS 205.03 "DEFINITIONS" AND SECTION 205 07 "R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS" LACCESSORY APARTMENTS) MOTION by Ms. Modig, seconded by Mr. Sielaff, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7 : 32 P. M. Ms. Dacy stated that in October and November 1990, the Planning Commission had reviewed and considered an ordinance amendment to amend the zoning ordinance in the R-1 district to prevent the renting of any part of a single family home to % PLANNING COMMISSION MBETING, MARCH 13, 1991 PAGE 2 any individual, related or unrelated. The Planning Commission heard testimony at both those meetings regarding how that proposed ordinance amendment would impact particular situations. That ordinance amendment was proposed by the City Council who had a number of concerns about single family homes being illegally converted into two family homes. The Council was also concerned that the guest room provision, which is now allowed in the R-1 ordinance, was being abused; and that parts of single family homes were being rented out as apartments. Ms. Dacy stated that based on the testimony heard at the October and November Planning Commission meetings, the Planning Commission asked staff to ask the City Attorney if the City could require a license if a person is unrelated to the individual who lives in the hom�. In other words, permit an accessory apartment to be created within a single family home, but place a number of restrictions on it that would maintain the intent and character of the single family home itself. Ms. Dacy stated staff has done that and is now proposing another ordinance amendment. The first thing they did was to create a definition for an "accessory apartment", which is: "A dwelling unit that is contained within the structure of a one family dwelling and is clearly subordinate to the principal use of the structure of a one family dwelling." Ms. Dacy stated staff is also proposing some minor amendments to other existing definitions in the ordinance regarding a dwelling unit, a two family dwelling unit, and a multiple family dwelling unit. What is proposed is that as an accessory use, an accessory apartment would be permitted, but it would be subject to 12 proposed standards: (1) Accessory apartments shall be located in single family dwellings only; (2) The one family dwelling must be owner occupied with the owner residing in either the primary or accessory unit on a continuous basis except for temporary absences. There shall be no separate ownership of the accessory apartment; (3) No more than one accessory apartment per one family dwelling is permitted; (4) The accessory apartment must comply with applicable building, fire, electrical, plumbing, heating, and related codes of the City; 7.1 PLANNING COMMISSION MEETING, MARCH 13, 1991 PAQE 3 (5) If a separate entrance is provided to the accessory apartment, it shall be Iocated on the side or rear of the house; exterior stairways shall not be allowed unless required by the Uniform Fire Code; (6) There shall be no substantial exterior architectural changes to the home such that the home appears to be a two family dwelling including, but not limited to, separate curb/driveway entrances, separate entrances on the front of the one family dwelling, separate water and sewer connections; (7) The floor area of the aacessory apartment cannot equal or exceed the floor area of the primary living area of the dwelling; (8j If the accessory apartment is to be rented to an individual not related to the owner, the owner is required to obtain a license from the City as required in Section 220.13 of the City Code; (Ms. Dacy stated the City Attorney, Virgil Herrick, has written a memo dated December 13, 1990, in which he states that a license procedure is possible.) (9) Adequate off-street parking shall be provided for both units with such parking to be in a garage, carport, or on a paved area; (10) There shall be no more than one (1) bedroom within the accessory apartment; (11) The maximum number of occupants of the accessory apartment shall not exceed two adults, and no more than three occupants. (12) Any accessory apartment within a one family dwelling that is in existence at the time of the adoption of this ordinance shall be deemed conforming if it is in compliance with the standards outlined above. Ms. Dacy stated staff is also proposing amending the Licensing Ordinance of the City, which is not part of the Zoning Ordinance, to state that in the case of a rental of an accessory apartment, licenses are required if the apartment is to be rented to individuals not related by blood or marriage. Ms. Dacy stated that the Human Resources Gommission reviewed this proposed ordinance amendment at their March 7, 1991, meeting and they made the following recommendations: 7.2 PLANNING COMMiSSION MEETING, MARCH 13, 1991 PAGE 4 1. The number of bedrooms per accesso�y apartment should be limited to one bedroom. 2. The accessory apartment could not be rented to more than two adults, and no more than three occupants. 3. The license may not be issued if there have been a number of substantiated public nuisance complaints within the prior year. 4. The license must be posted in a public place of the residence. Ms. Dacy stated most of these changes have been incorporated into the proposed ordinance. Staff is still investigating with the attorney's office whether or not there is enough language in the licensing ordinance to cover the issue of: If there have been a number of public nuisance complaints, would that be a basis for suspension of the license? Ms. Dacy stated that based on the Human Resources Commission's amendments, staff finds that the proposed amendments address the concerns the City Council had of trying to maintain the single family character of the home and the neighborhood, yet at the same time allowing single family owners the ability to have accessory apartments within their households if they do need to rent to unrelated individual or if other circumstances arise that dictate this type of living arrangement. Ms. Dacy stated that if the Planning Commission recommends approval of the proposed ordinance amendment, it will go to the City Council for a public hearing in April. Mr. Les Linngren, 533 - 53 1/2 Avenue N.E., stated he has no problems with the proposed ordinance and would be in favor of it. He stated he and his family currently have a home next door to them that has been divided into two apartments. The home is not owner-occupied and both apartments are rented out. It is a nuisance, because there are always a number of cars parked on the street, patio, and garage--sometimes up to seven cars at one time. Exterior changes have been made to the structure since it was divided. A kind of "lean-to" addition was put on the front to shelter the front door to the basement apartment. Mr. Linngren stated he is concerned because this single family home should never have been converted to a rental property for two families. The neighborhood is zoned R-1, Single Family Dwelling. If this ordinance is approved by the Council, how will this particular situation change and how will the homeowners comply with the new ordinance? 7.3 � PLANNING COMMISSION ME$TING, MARCH 13, 1991 PAGB 5 Ms. Dacy stated the City's Code Enforcement Officer, Steve Barg, has worked with the owners of that home to establish a time line to convert the premises back to single family. Not knowing how this ordinance amendment process would go, staff told Tom and Pam Olin that the City would keep them apprised of this ordinance. As this ordinance is written and proposed as compared to the existing situation, the Olins wouZd not be in compliance, because the owner does not live in the home. As to the other issues, the size of each of the living area and the off-street parking situation would have to be investigated further. Ms. Dacy stated the other issue that is not specifically addressed, but is referred to in standard #12 in the proposed ordinance, is the nonconformity issue. The first ordinance had an abatement time of three years for nonconforming situations to convert to conforming situations. The Planning Commission might want to discuss this issue. The way it is proposed in the ordinance amendment is very general. Mr. Linngren stated he would urge the Planning Commission to discuss this also and establish an abatement time for converting to conforming situations. He would also like the Planning Commission to look at the number of vehicles that are allowed. Some of these cars are not even street operable. Ms. Dacy stated there are no current restrictions as to the number of cars allowed per single family lot. A lot of communities have debated that issue, but so far the City of Fridley has not. Mr. Betzold stated it might be better to discuss the issue of the number of cars separately from this ordinance amendment, because it is not strictly related to these types of accessory apartments and could be a problem for other situations. Mr. Tom Olin, 136 River Edge Way, stated he is the owner of the home (541 - 53 1/2 Avenue N.E.) next to Mr. Linngren. He stated his biggest argument is that they have never tried to hide anything. They licensed the apartments through the Fire Department. They spent over $3,000 bringing the structure up to code as two rental units. The electrical, plumbing, and building inspector were out to make sure everything was up to code. Ms. Pam Olin, 136 River Edge Way, stated the City was well aware that they were not living in the home at the time they made all the improvements. Ms. Dacy stated that, unfortunately, until last year rental licenses were just checked by the Fire Inspector. When a rental license came in for a single family home, the Fire 7.4 PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 6 Inspector was not responsible for enforcing the zoning ordinance and was not aware of the rules pertaining to the R- 1 district. In the case of Mr. and Mrs. Olin, they did receive a rental license and building permits to make these improvements. There have been other instances in the R-1 district in the City where the City has issued a rental license. The City acknowledges that fact, but that process has now been changed and the Community Development Department now reviews all license applications. Again, this is the nonconforming issue, and the Commission might want to discuss establishing a time period to convert back to a single family dwelling. Mr. Olin asked that if the proposed ordinance is passed by the City Council, would he be able to rent the home out as a single family dwelling? Mr. Betzold stated, yes, he could. Ms. Betty Ledermann, 548 - 53 1/2 Avenue N.E., asked how the public was notified of this public hearing. Ms. Dacy stated the ordinance amendments are always published in the Fridley Focus which is the City's official publication. When this particular process was started last October, the City notified the people who were directly affected by this proposed ordinance amendment. They notified the property owners of 8-9 homes that are in violation. It is hard for the City to know where there are other situations, so, hopefully, the public does read the public hearing notices in the Fridley Focus. At the October and November meetings, people who had read about the public hearings in the Focus came to the meetings and made comments. Mr. Betzold stated these public hearings were published rather extensively in the Focus. He also wrote a very lengthy letter to the editor regarding this subject. Ms. Ledermann stated she is very upset that the property owners were notified of the public hearings, but yet other people in the neighborhood who are also directly affected by this ordinance amendment are not notified and must read it in the paper. Mr. Roger Stene, 870 Pandora Drive N.E., stated he was at one of the previous public hearings before the Planning Commission and had stated his particular situation. He stated he has read the revised ordinance amendment, and he is very satisfied with it. He stated it is very well written. 7.5 PLANNING COMMISSION MEETING. MARCH 13. 1991 PAG$ 7 Mr. Tom Olin stated that he has constructed an enclosure over the lower unit apartment doorway. If this ordinance amendment passes, will he have to remove that addition? Ms. Dacy stated that if this ordinance amendment passes, each case will have to be analyzed on an individual basis. Mr. Les Linngren stated obviously Mr. Olin was contacted about the public hearing because his building is affected; but the whole neighborhood is affected by what he is doing. He has turned a single family dwelling into a multiple dwelling in a residential neighborhood that has been residential for 30 years. The neighborhood should also have some say so about what goes on in their neighborhood. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON BLTZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARiNG CLOSED AT 8:15 P.M. Mr. Saba stated staff has done a very good job in addressing the concerns and issues brought up at the last Planning Commission meeting. Ms. Sherek stated she would support the ordinanae amendment, but there should be a stipulation added that addresses a time limit to bring nonconforming accessory apartments into compliance. She thought that because of the City's error in allowing people to license their homes as duplexes and because some people have spent substantial amounts of money to bring their homes into compliance with fire and building codes, three years is not an unreasonable time pariod to convert the home back to a single family dwelling. Ms. Sherek asked if there is existing language in the ordinance which addresses those people who have been renting illegal accessory apartments that are unlicensed accessory apartments and come to the attention of the City staff in the future, say four years after the adoption of this ordinance. Are those violators also given 3 years after they are discovered to bring the home into compliance? She did not think that someone who has been illegally conducting a rental situation is entitled to three years to conform. Ms. Dacy stated that if an illegal situation exists four years after the adoption of the ordinance, staff would not give the property owner three years to conform. Staff would declare it a violation and have it corrected as soon as possible. 7.6 PLANNING COMMISSION MEETING. MARCH 13, 1991 PAGg 8 MOTION by Mr. Saba, seconded by Ms. Sherek, to recommend to City Council approvaZ of a�ending Chapter 205 of the Fridley City Code entitled "Zoning" by amending Sections 205.03, "Definitions", and Section 205.07, "R-1, One Family Dwelling District Regulations" (Accessory Apartments), subject to the following standards: (1) Accessory apartments shall be located in single family dwellings only; (2) The one family dwelling must be owner occupied with the owner residing in either the primary or accessory unit on a continuous basis except for temporary absences. There shall be no separate ownership of the accessory apartment; (3) No more than one accessory apartment per one family dwelling is permitted; (4) The accessory apartment must comply with applicable building, fire, electrical, plumbing, heating, and related codes of the City; (5) If a separate entrance is provided to the accessory apartment, it shall be located on the side or rear of the house; exterior stairways shall not be allowed unless required by the Uniform Fire Code; (6) There shall be no substantial exterior architectural changes to the home such that the home appears to be a two family dwelling including, but not limited to, separate curb/driveway entrances, separate entrances on the front of the one family dwelling, separate water and sewer connections; (7) The floor area of the accessory apartment cannot equal or exceed the floor area of the primary living area of the dwelling; (8) If the accessory apartment is to be rented to an individual not related to the owner, the owner is required to obtain a license from the City as required in Section 220.13 of the City Code; (9) Adequate oif-street parking shall be provided for both units with such parking to be in a garage, carport, or on a paved area; (10) There shall be no more than one (1) bedroom within the accessory apartment; %.7 � � PLANNING COMMI88ION MEETING, MARCH 13. 1991 PAGE 9 (11) The maximum number of occupants of the accessory apartment shall not exceed two adults, and no more than three occupants. (12) Any accessory apartment within a one family dwelling that is in existence at the time of the adoption of this ordinance shall be deemed nonconforming if it is not in compliance with the standards outlined above. The accessory apartment shall be brought into conformance or the dwelling returned to a one family dwelling within three years of the date of the adoption of the ordinance. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRILD IINANIMOIISLY. Ms. Dacy stated a public hearing will be held at the City Council on April 8, 1991. 2. PUBLIC HEARING: CON5IDERATION OF A PRELIMINARY PLAT, P.S. �91-01, BY MILESTONE HOTEL INVESTMENTS, INC.. TO REPLAT PART OF LOTS 1, 2, 3, 4. AND 5, AUDITOR'S SUBDIVISION NO. 153. TO BE DESCRIBED AS LOTS 1 AND 2, BLOCK l, SKYWOOD MALL ADDITION, GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E.: MOTION by Ms. Savage, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. UPON A VOiCE VOTE, ALL VOTING AYE, CHAIRPERSON BBTZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:20 P.M. Ms. McPherson stated the property is zoned C-3, General Shopping Center District, with additional C-3 zoning to the north; C-1, Local Business zoning, to the south; and R-1, Single Family Dwelling zoning, to the east. Ms. McPherson stated this proposal is to create a lot line which will split the parcel into two pieces, allowing the hotel to be sold independently of the retail portion of the mall. The lot line is proposed to follow along the fire wall which separates the two buildings. The line has been drawn such that it follows the face of the old building (retail mall). Ms. McPherson stated that in 1983, the City sold industrial revenue bonds to finance the remodeling of the mall and the construction of the hotel. As a condition of that sale, several stipulations reqarding general site improvements including landscaping, curbing, paving, etc., were added as part of the approval. In 1985, a sign variance was granted %.$ PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGB 10 which included additional stipulations and also the original stipulations from the 1983 approval. Between 1985 and today, the property went into receivership and is currently under the power of a trustee. Through the process of the receivership, the outstanding general site improvements have been completed. Ms. McPherson stated that as far as the plat request, the lots meet the minimum lot area and lot width requirements and setback requirements, with the exception of the zero lot line which will be created if the plat and lot split are approved. On March 12, 1991, the Appeals Commission recommended to the City Council approval of the variance to reduce the setback from 15 feet to 0 feet. It shoul.d be noted that the property is currently underparked according to code; however, the City was cognizant of this fact when it first approved the bond sale to finance the original project. The new lot line has been drawn such that the hotel portion of the property will be close to compliance by the code; however, the retail and office portions are not in compliance. Ms. McPherson stated there are three additional issues regarding the plat request: 1. Maintenance of the common fire wal.l between the two facilities. 2. Maintenance of the common easements between the mall and the hotel. 3. The City's liability in allowing the lot line to occur along the fire wall of the two buildings. Ms. McPherson stated the first two issues have been addressed by the petitioner and the trustee in their negotiations for sale. Agreements have been drawn up and reviewed by the City Attorney. Ms. McPherson stated the third issue is raised by the Uniform Building Code which requires that 60 feet of clear area occur between two buildings. As the City is allowing a zero lot line to occur between these two buildings, the City is knowingly waiving the building code requirement. The City is asking the petitioner to record an agreement which waives the City's liability in allowing this to occur. This situation is not unusual and does occur in other cities. Ms. McPherson stated there is a proposed water main project in this area which will run a new water'line along the rear of the Menards and mall property. The City is asking the petitioner to dedicate a 30 foot easement along the rear of the property which would allow the City to construct and 7.9 PLANNING COMMISBION MEETING, MARCH 13, 1991 PAGE 11 maintain this water main. The water main will improve the water service in the area. Ms. McPherson stated staff is recommending the Planning Commission recommend approval of the plat request with two stipulations: 1. A 30 foot easement shaZl be dedicated for the water line improvement on the plat. 2. All easements and agreements recorded in conjunction with the lot split request, L.S. #91-02, shall be recorded on the final plat. Mr. Tim Ring stated he is the in-house counsel for Marquette Bank Minneapolis. Marquette Bank Minneapolis is the trustee under a bond indenture and represents the bondholders who have essentially financed the project. As trustee, they have been unsuccessful in trying to sell this mall and hotel in the last 18 months, the common objection being that the would-be buyers are either hotel investors or mall investors but not both. Thus, it is necessary to split the land and sell each respective parcel of real estate. He stated the stipulations are acceptable to Marquette Bank Minneapolis as trustee. Ms. Judy Engebretson, 5216 Lincoln Street N.E., stated her property adjoins the hotel property in the rear. She asked if any consideration would be given to improving the holding pond area, because it creates an overflow onto the street which freezes on the street during cold weather and causes very slippery conditions. Ms. McPherson stated the grades of the property will not be changed; however, it is an issue that the Engineering Department can look at, because the Engineering Department approved the original changes to the grades and the retention pond. Ms. Engebretson stated it is her understanding that with the lot split, there cannot be any more expansion to the building. There is not enough parking now for what is existing. Ms. McPherson stated that is correct. If any expansion is ever proposed, parking ramps would have to be constructed in order to meet the parking requirements. Ms. Engebretson asked if the original stipulations as far as maintenance, grass cutting, etc., would still be maintained. Ms. Dacy stated Ms. Engebretson is referring to the concerns of the neighborhood in 1984 regarding the addition of the hotel that the rear of the property be properly maintained. 7.10 PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 12 The staff report did not refer specifically to that stipulation; however, the original approval still holds. Mr. Betzold stated it is his understanding that any stipulations put on the project at the time of the approval should be maintained; however, Ms. Engebretson raised a very good point and it is a concern that should be brought to the attention of the City Council so that there are no gaps in the maintenance. MoTION by Ms. Sherek, seconded by Ms. Savage, to close the public hearing. IIPON A VOiCE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIBD AND THE PIIBLIC $EARING CLOSLD AT 8:30 P.M. MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend to City Council approval of Preliminary Plat, P.S. #91-02, by Milestone Hotel Investments, Inc., to replat part of Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, to be described as Lots 1 and 2, Block 1, Skywood Mall Addition, generally located at 5201 - 5275 Central Avenue N.E. , with the following stipulations: 1. A 30 foot easement shall be dedicated for the water line improvement on the plat. 2. All easements and agreements recorded in conjunction with the lot split request, L.S. #91-02, shall be recorded on the final plat. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON BBTZOLD DECLARED THE MOTION CARRIED tJNANIMOIISLY. 3. CON5IDERATION OF A LOT SPLIT, L.S. #91-02, BY MILESTONE HOTEL INVESTMENTS INC. TO SPLIT OFF PART OF IATS 1 2 3 4 AND 5 AUDITOR'S SUBDIVISION NO. 153 SNTO TWO SEPARATE PARCELS DESCRIBED AS PARCEL A AND B GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E. Ms. McPherson stated staff is recommending the Planning Commission recommend approval of the lot split request with the following stipulations: 1. A 30 foot easement shall be dedicated to the City for the water line improvements and recorded when the lot split is recorded. 2. Common party wall and shared easement agreements shall be recorded when the lot split is recorded. 7.11 I � � � PLANNING COMMISSION MEETING. MARCH 13. 1991 PAGE 13 3. A hold harmless agreement waiving the City of any liability for allowing the Uniform Building Code requirements shall be recorded against the lot split. 4. Variance request, VAR #91-04, shall be approved. 5. Plat request, P.S. #91-01, shall be completed by May 6, 1991. MOTION by Ms. Sherek, seconded by Ms. Savage, to recommend to City Council approval of Lot Split, L.S. #91-02, by Milestone Hotel Investments, Inc., to split off part of Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, into two separate parcels described as Parcel A and B, generally located at 5201 - 5275 Central Avenue N.E., with the following stipulations: 1. A 30 foot easement shall be dedicated to the City for the water line improvements and recorded when the lot split is recorded. 2. Common party wall and shared easement agreements shall be recorded when the lot split is recorded. 3. A hold harmless agreement waiving the City of any liability for allowing the Uniform Building Code requirements shall be recorded against the lot split. 4. Variance request, VAR #91-04, shall be approved. 5. Plat request, P.S. #91-01, shall be completed by May 6, 1991. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOI,D DECLARED THE MOTION CARRIED QNANIMOIISLY. Ms. Dacy stated the lot split and the variance requests will go to the City Council on March 25, 1991. At that meeting, the City Council will set a public hearing for the plat on April 18, 1991. 4. RECEIVE FEBRUARY 4 1991 PARKS AND RECREATTON COMMISSION MINUTES• MOTION by Mr. Saba, seconded by Ms. Sherek, to receive the February 4, 1991, Parks and Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 7.12 PLANNING COMMISSION MFETING, MARCH 13, 1991 PAGE 14 5. RECEIVE FEBRUARY 7, 1991, HUMAN RESOURCES COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Ms. Savage, to receive the February 7, 1991, Human Resources Commission minutes. QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED T813 MOTION CARRIED ITNANIMOUSLY. 6. RECEIVE FEBRUARY 14, 1991. HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Ms. Modig, seconded by Mr. Sielaff, to receive the February 14, 1991, Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOI,D DECLARED THE MOTION CARRIED IINANIMOIISLY. 7. RECEI�IE FEBRUARY 19. 1991, APPEALS COMMISSION MINUTES: MOTZOrr by Ms. Savage, seconded by Ms. Modig, to receive the February 19, 1991, Appeals Commission minutes. IIPON A VOICE VOTE, ALI, VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED tTNANIMOIISLY. 8. OTHER BUSINESS: a. Prelimiriary Design of LRT Stations and Line Ms. Dacy reviewed the preliminary design plans of the LRT stations and line. As of April 1, 1991, staff will be receiving the draft environmental impact statement from Anoka County regarding the northeast corridor. Ms. Dacy stated the Human Resources Commission reviewed the plans and their comments were listed in her memo to the Planning Commission dated March 8, 1991. A neighborhood meeting of the homeowners near the 53rd Avenue and 57th Avenue station sites will be held on Tuesday, March 19, 1991, at 7:00 p.m. She will be forwarding all comments from the commissions and the neighborhood meeting to Anoka County. Mr. Saba stated that if the LRT line goes in, why not have a bikeway/walkway running alongside the LRT track? It would be a straight shot to Northtown for bicyclists. Ms. Dacy stated that is a good point. There is an existing sidewalk that runs in front of the old Holiday station and McDonalds restaurant and continues along University Avenue to the Municipal Center. They could request that, during the construction process, the 7.13 PLANNING COMMISSION MESTING, MARCH 13, 1991 PAG$ 15 sidewalk be replaced with a bikeway/walkway that continues all the way to Northtown. ADJOURNMENT• MOTION by Ms. Modig, seconded by Ms. Savage, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the motion carried and the March 13, 1991, Planning Commission meeting adjourned at 8:50 p.m. Respe tfully sub ted, Z/it'.L yn Saba Rec rding Secretary 7.74 r _ � I Community Development Department PL�ANNING DIVISION City of Fridley DATE: March 20, 1991 A, � �f5 TO: William Burns, City Manager� ' FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Plat Request, P.S. #91-01, by Milestone Hotel Investments Attached is the above-referenced staff report. The ordinance requires that the City Council hold a public hearing for all plat requests. Staff recommends that the City Council set the public hearing date for April 8, 1991. MM/dn M-91-189 � � STAFF REPORT APPEALS DATE C��QF PLANNiNG COMMiSSiON DATE : March 13, 1991 FI�IDLEY CITY COUNCIL DATE: March z5, 1991 A�,.,� MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE : DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTILfTIE$ PARK DEDICATfON ANALYSI� FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES & ZONqVG ENVtRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENOATION P.S. ��91-01 Milestone Hotel Investments, Inc. To replat Lots 1-5, Auditor's Subdivision No. 153 into two lots 5201-5275 Centtal Avenue N.E. 11.8 acres C-3, General Shopping Center District C-1, Local Business to the South; R-1, Single Family Dwelling to the East; C-3, General Shopping to the North Yes Yes Approval with stipulations Approval with stipulations 7.16 1 � �8 � �"'�R''� �'� 'r1 •� � Nf CS q� No Z�S sEC rs � P.S. ��91-01 Milestone Hotel N 1/2 �EC. � C1TY C/TY 2� � w.... OF Of CG C, N /. W'> ' � d� .�, :�' ; ,+ � �„ � s�>,. � B� � 'N q �'1� (7y _X �- �r �:t M Ir bd.�' Ilw. 24 ll 7.17 LOCATION MAP � Staff Report P.S. #91-01 Milestone Hotel Investments, Inc. Page 2 Request The petitioner is proposing to plat Lots 1-5, Auditor's Subdivision No. 153 into two separate lots, the same being 5201-5275 Central Avenue N.E., commonly known as the Skywood Mall and Hotel complex. The proposed lot line will occur along the common fire wall of the two buildings. The location of the lot line will allow the hotel portion to be sold independently to Milestone Hotel Investments, Inc. from the mall. A lot split request is also being processed so that the closing can be completed by April 1, 1991. The petitioner is also processing a variance request, as the C-3 zoning district regulations do not allow a zero lot line to occur as in the industrial district regulations. Site Located on the parcel is a 100 unit hotel complex and retail mall. The property is zoned C-3, General Shopping Center District. There is additional C-3 zoning to the north. The property to the east is zoned R-1, Single Family Dwelling, and property to the south is zoned C-1, Local Business. Analysis In 1983, the City approved industrial revenue bonds to finance the original mall and hotel redevelopment. As a condition of approval, several stipulations were placed on the property regarding general site improvements including landscaping, curbing, signage, etc. In 1985, a sign variance was granted which included the previous stipulations from 1983 and additional stipulations specifically regarding the signage. Between 1985 and the present, the property went into receivership, and is currently under the power of a trustee. Through the receivership process and the expansion and remodeling of the Twin City Federal building located at 52nd and Central Avenues, the City has achieved completion of the outstanding general site improvements first assigned to the property in 1983. The two lots will meet the minimum lot area and lot width requirements, and all setback requirements except the proposed variance. The only deficiency in meeting the code requirements will be that the mall and the motel do not meet the parking requirements outlined in the C-3 district regulations. The lot line has been drawn such that the hotel portion of the complex falls short of the requirements by il spaces; however, the mall and office portion of the complex fall short by 116 spaces. It should be noted that this is an existing condition of the complex. When 7.19 Staff Report P.S. #91-01 Milestone Hotel Investments, Inc. Page 3 the industrial revenue bonds were approved in 1983, the City was cognizant of the fact that the parcel was under parked. The issues surrounding the plat request include the following: 1. Maintenance of the common fire wall between the two facilities. 2. 3. Maintenance of the common easements between the mall and the hotel. The City's liability in allowing the lot line to occur along the fire wa11 of the two buildings. The first issues have been considered by the petitioner, and agreements regarding common wall maintenance and parking easements have been drafted which meet the City's requirements and will be recorded against the plat. The third issue regarding the City's liability will need to be addressed in a separate agreement. The City's liability occurs because the City is waiving the Uniform Building Code requirement which requires that 60 feet of clear area occur between two buildings along a common lot line. In this instance, the City is allowing a common lot line to occur at a zero lot line between the two buildings. This is not an unusual case in the fact that it has occurred in other cities, primarily in St. Paul and Minneapolis, where the buildings are close together and connected by skyways. An agreement will be drafted which will hold the City harmless for waiving the building code requirement. In addition to the agreements between the proposed separate owners, the City will be constructing and completing a water main project in this area which will improve the water service. Clyde Moravetz, Engineering Technician, has submitted easement documentation to the trustee in order to grant the City a 30 foot water easement which would be located along the rear of the Skywood Mall property (please see attached documentation and map). Staff is recommending that the easement be first recorded against the lot split request, and then integrated as an official item on the plat itself. Recommendation Staff recommends that the Planning Commission recommend approval of the plat request, P.S. #91-01, with the following stipulations: 1. A 30 foot easement shall be dedicated for the water line improvement on the plat. %.2� Staff Report P.S. #91-01 Milestone Hotel Investments, Inc. Page 4 2. Al1 easements and agreements recorded in conjunction with lot split request, L.S. #91-02, shall be recorded on the final plat. Plannina Commission Action The Planning Commission voted unanimously to recommend approval of the request as proposed to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Planning Commissian action. 7.2 y s i 3 �- �l .:t 3� i" 13 t. a� ;� N i: �` - J d r � a z J W � a 1 I � O � � P.S. ��91—01 Milestone Hotel � - • .::..�=s.-� ..1. 'si: -• e 9ea:i9ieiq::�;_ � � ` S`.��:��-.m:'-: '•_'-_ie: 'ii? ::�::- 7 B.._.. i ''..R�t t C 52=._1::� i t ]':SS� 227' • ]A• ' �i !.•'3'!'�tR:i' � � --'---� i s4.le3ix�- � 3 r a-:•a..,�:' ' { � � � •��'!!Y!]71:� ��=�:S��:j= R �tltf�lL��i:��i 's � G O i�' N / • 1 //I�!u11.IC1UVI Z � �� e c � �R' .�. .ij? ;l=i::��:�- g �x'-�i� � � t�s .:i�=. t.,' � �.'•(. i� � i };�i..,.::�f? !��:i".':i: � �=?i...."�"��.e xl�.. i'Ytii-i'i f �, � 31 fii: . •s---` _ � � �z:Y i ��^ "titr}i�:�-. iz-;cae=ssz:}�r• wE �i� isi��=ke• :-_�' •i "� "�! �e5:^:s"�.a�.�i. � j is e�5-��_.�.I:Ei a"-:i3�i�� :�'s �i;�:::-.: :;;-.i a � �r' ig:ic'z:s:=;i3 �?'n_:"ii�• � $=ti:iitrri:-e i a� �:•i:::iiiti i:i::_i:_:� i? �� .. :: .�_. � i � �� _ ..a::::::c..:i . �� ..s:.....:?::i! � = �� .. � ' .. , ; � . I � �_� , . �. . I � � ('3nt1 �b'alN3� ) 59 'ON �IVMHJI H 6ii:�s" ; � tiC a i�� 31��` � �s.: s� rEi�?i F.:is� i W Z - ! C C C t �� Bg It Q S- � �9 :9 :9 �� a : k: , �+ ., e '� W� 5 5 i l � , Z I W ' � a —�-- —�-- i — � :n v _ _. _' _ '. r _ y . . _ .' C . �- -- N --�------- � tn ` 1N3W35v3- 000� V •v+M'vr. „ Y �, � � 1. ..1 o'{�t � M�� Iw�wll � • \ • ..:'a.: 1 t .. � � '� 5 � � / ' W . � � j p 3 a � L . /�/� d � � L� s W . i � c x � g W S " ---------- -- �. .. _..T.. _ _� N N fl a 1 31 b'1 S�, .. ..,.,.,.., ...,,.�. 7•22 PRELIMINARY PLAT „ . .. . � CITY OF' FRIDIEY � 6431 iA�TIVERBITY AVII�I[JE N.E. FRIDIEY� I+IId 55432 �o�mity D�velc�ment �t (612) 571-3450 ...... _._....».._.�....� .. ......__..,...._��.. .._..................._....�.,..........�..._.,....�..__�»..�.._.......... PZAT AP'PT�IC�TI�1 FO�iM ...r.�.................,...�.........�.._ �.._.......,.......,.��_ ...... ..�.....�....�......�......�� ROPEt�i'Y II�0'Rl�TI�l - site plan requ.ir+ed for sui�nittals; see attac�ed Address; 5201-5275 Central Ave., Fridley, MN 55421 I�egal description; See attached L�t See attached B1ocJc �'�aCt�Ad�i#�� Auditors subdivision 153 C11rre11t ZOIliTr�: C-3 Square fodtage/aCreage 11.8 acres Reason for plat: _ To separate otanership of Skvwood Inn Hotel from Skywood Mall and Skvwood Office Buildin ....�........�..��..�..�...,...��....�..��__��..........,.�.�..�....�_�..��....�..��..��..�...,..,........�...�....�� FEE � Il�DItMATI�i (�r►tract Purchasers: Fee Ownei� �u.st sign this form prior to proc�ssirygj Marquette Bank Minneapolis National Association as Trustee �ME �nd Tnd n»rP of Trust dated December 1 1983 � 6th & Marquette, Minneapolis, MN 55480 1�AY'�.a"iE PHONE 341-5804 SIQ�iZURE��t�•-�-�1`�-'� �. ✓tG� /�26srE .JT DATE _ ��6 l� / ”' .......,.�,...��......._.........,...,.�.�.��.... �� .,.....,._.��...._,....,............. �_....,.�_..w.........r..._�....��.. P�,'1'1'PI��2 II�10It'NIlsiTIO�i � M;lP�tone Hotel Investments Inc � 681 F.. T, ka S__ ��246 - OAY'.�Il� PHONE 612/476-8516 SIC�ZLTRE � �� '� Fee: $500. OOsfor 20~lots_ � __��.._..___..__.........w._._�__.__.,...........��..______�____......____ $ 15.00 for earh additional lot �erm�.t p.s. # c/ /- �/ �it # 3 9l a I� Application Y�eoeived by: Sc�eduled Planning �nnission date: ! J r I q'� I Scheduled City Oouncil date: 7.23 Notice is hereby given Fridley City Council University Avenue N.E. the purpose of: PUBLIC HEARING BEFORE THE CITY COUNCIL that there will be a Public at the Fridley on Monday, April Municipal 8, 1991 at Hearing of the Center, 6431 7:30 p.m. for Consideration of a Preliminary Plat, P.S. #91-01, by Milestone Hotel Investments, Inc., to replat Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153 ; also subj ect to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, to be described as Lots 1 and 2, Black 1, Skywood Mall Addition, generally located at 5201 - 5275 Central Avenue N.E. 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: March 27, 1991 April 3, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 7.24 P.S. 4f91-O! MAILING LIST VAR 4i 9 1-04 L.S. 4�91-02 Milestone Hotel Investments, Inc. Milestone Hotel Investments, Inc. 681 E. Lake Street, 4�246 . Wayzata, MN 55391 Planning Council Marquette Bank Minneapolis CarZ Heggestad 6th and Marquette 1258 Skywood Lane N.E. Minneapolis, MN 55480 Fridley, MN 55421 City of Columbia Heights Mary Matthews Planning Department 1259 Skywood Lane N.E. 590 - 40th Avenue N.E. Fridley, MN 55421 Columbia Heights, MN 5542t Embers Restaurant 5400 Central Avenue N.E. Fridley, MN 5542� Chet Herringer 4121 Stinson Boulevard Columbia Heights, MN 55421 Total Minnesota, Inc. 5300 Central Avenue N.E. Fridley, MN 55421 Total Minnesota, Inc. 999 - 18th Street Suite 2201 Denver, CO 80202 Menards Inc. 5351 Central Avenue N.E. Fridley, IrR1 55421 Menard Inc. Route 2 Eau Claire, WI 54701 Commerce Park Investments 3989 Central Avenue Columbia Heights, MN 55421 Roland Lang 1278 Skywood Lane N.E. Fridley, MN 55421 Yun Lee 1268 Skywood Lane N.E. Fridley, MN 55421 Ground Round 5277 Central Avenue N.E. Fridley, MN 5542a Howard Jo nson Co. Box 38� . Wahkon; IrIN 56386 Skywood Inn 5201 Central Avenue N.E. Fridley, MN 55421 Skywood Mall 5251 Central Avenue N.E. Fridley, MN 55/+2:a Lee Wards 5289 Central Avenue N.E. Fridley, MN 55421 Current Tenant S267 Central Avenue N.E. Fridley, MN 55421 Adventures in Video 5211 Central Avenue N.E. Fridley, MN 554�;1 Twin City Federal 5205 Central Avenue N.E. Fridley, MN 55421 Twin City Federal 801 Marquette Avenue Minneapolis, MN 55402 7.25 2/22/91 3/22/91 Robert Hall Clothes 1075 Central Park Avenue Scarsdale, NY 10583 Great American Music 5151 Central Avenue N.E. Fridley, MN 55421 Irwin Kallman I15 E. 57th St., 4�t240 New York, NY ]0022 Marck Investment Co �� 7601 Wayzata Boulevard, �206 Minneapolis, MN SS426 Current Resident 1090 - 52nd Avenue N.E. Fridley, MN 55421: Current Resident 1120 - 52nd Avenue N.E. Fridley, MN 55421 Current Resident 1170 - 52nd Avenue N.E. Fridley, MN 55421 Lyle MandelJt,J�' 6950 Wayzata Boulevard #206 Golden Valley, MN 55426 Current Resident 215 - 53rd Avenue N.E. Fridley, MN 55421 Thomas Skovran 5298 Fillmore Street N.E. Fridley, MN 55421 Ronald Parizek 5258 Fillmore Street N.E. Fridley, MN 55431. Marvin Schenk 5246 Fillmore Street N.E. Fridley, MN 55421 Mailing List P.S. 1191-01 VAR �l 9 ] -04 L.S. 4t91-02 Page 2 Peter Molinaro 5234 Fillmore Street N.E. Fridley, MN 55421 Raymond Forss 5222 Fillmore Street N.E. Fridley, MN 55421 Dean Bliss 5212 Fillmore Street N.E. Fridley, MN 55421 Joseph McHugo 5200 Fillmore Street N.E. Fridley, I�IId 55421 Gary Townsley 1301 - 52nd Avenue N.E. Fridley, MN 55421 Michael Jaroslawski 5201 Taylor Street N.E. Fridley, MN 55421 Francis Job 5209 Taylor Street N.E. Fridley, I�I 55421 Terri Wallace 5217 Taylor Street N.E. Fridley, MN 55421 Edward Kowal 5235 Taylor Street N.E. Fridley, MN 55421 Daniel Dolezal 5251 Taylor Street N.E. Fridley, MN 55421 Marvin Schenk 5246 Fillmore Street N.E. Fridley, MN 55421 James Rosemeuer 5285 Taylor Street N.E. Fridley, MN 55432 Kwin Lemke 5299 Taylor Street N.E. Fridley, MN 55432 Donald Delich 5284 Taylor Street N.E. Fridley, MN 55432 William Kuether 5268 Taylor Street N.E. Fridley, MN 55432 William Job 5250 Taylor Street N.E. Fridley, MN 55432 Timothy McCauley 5234 Taylor Street N.E. Fridley, MN 55432 Aaron Engebretson 5216 Taylor Street N.E. Fridley, MN 55432 Steven Kantorowicz 5200 Taylor Street N.E. Fridley, MN 55432 Gerald Sorenson 1280 - 52nd Avenue N.E. Fridley, MN S5432 James Vant 1260 - 52nd Avenue N.E. Fridley, MN 55432 William Leavey 1240 - 52nd Avenue N.E. Fridley, MN 55432 City Council members Planning Comm. Chair 7.26 r _ � I Community Development Department NG DIVISION City of Fridley DATE: March 20, 1991 � �- TO: William Burns, City Manager �• , FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Lot Split, L.S. #91-02, by Milestone Hotel Investments - Attached is the above-referenced staff report. The Planning Commission voted unanimously to recoiamend approval of the request with the following stipulations: 1. 2. 3. 4. 5. A 30 foot easement shall be dedicated to the City for the water line improvement and recorded when the lot spiit is recorded. � Common party wall and shared easement agreements shall be recorded when the lot split is recorded. A hold harmless agreement relieving the City of any liability for waiving the Uniform Building Code requirements shall be recorded against the lot split. Variance request, VAR #91-04, shall be approved. Plat request, P.S. #91-01, shall be completed by May 6, 1991. Staff recommends that the City Council concur with the Planning Commission action and approve the attached resolution. MM/dn M-91-188 %.27 RESOLUTION NO. - 1991 RESOLUTION APPROVING A SUBDIVISION, IAT SPLIT, L.S. #91-02, TO SPLIT LOTS 1-5, AUDITOR'S SUBDIVISION NO. 153 INTO TWO SEPARATE PARCELS, PARCEL A AND PARCEL B, GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E. WHEREAS, the City Council approved a lot split at the , 1991 meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to split: Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots l, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, into two separate parcels described as: Parcel A: That part of Lots 1, 2, 3, and 4, Auditor's Subdivision No. 153, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of Lot 1, Auditor's Subdivision No. 153; thence South 00 degrees 29 minutes 30 seconds East, on an assumed bearing, along the east line of said Lots 1, 2, and 3, a distance of 337.60 feet; thence South 89 degrees 33 minutes 37 seconds West, a distance of 258.39 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of 100.14 feet; thence South 89 degrees 27 minutes 59 seconds West, a distance of 196.26 feet; thence North 7.28 Resolution No. - 1991 Page 2 00 degrees 32 minutes Ol seconds West, a distance of 9.37 feet; thence South 89 degrees 16 minutes 28 seconds West, a distance of 145.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence northerly, easterly, and northerly along said east line of State Trunk Highway No. 65 to the north line of said Lot 1; thence East along the north line of Lot 1 to the point of beginning. Except the following described parcel: Beginning at a point on the east line of the west 50 feet of said Lot 3, distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet of said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1 a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3 a distance of 188.67 feet to the point of beginning. Parcel B: That part of Lots 3, 4, and 5, Auditor's Subdivision No. 153, Anoka County, Minnesota, described as follows: Commencing at the northeast corner of Lot 1, Auditor's Subdivision No. 153; thence South 00 degrees 29 minutes 30 seconds East, on an assumed bearing, along the east line of said Lots 1, 2, and 3, a distance of 337.60 feet to the point of beginning of the land to be described; thence South 89 degrees 33 minutes 37 seconds West, a distance of 258.39 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of 100.14 feet; thence South 89 degrees 27 minutes 59 seconds West, a distance of 196.26 feet; thence North 00 degrees 32 minutes Ol seconds West, a distance of 9.37 feet; thence South 89 degrees 16 minutes 28 seconds West, a distance of 145.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence southerly, along said east line of State Trunk Highway No. 65 to the south line of said Lot 5; thence East along the south line of Lot 5 to the southeast corner of Lot 5; thence North along the east line of Lots 3, 4, and 5 to the point of beginning. Except the west 275.00 feet of Lot 5 lying South of the north 36.67 feet thereof. Generally located at 5201 - 5275 Central Avenue N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create two separate parcels. 7.29 � � � f 's Resolution No. - 1991 Page 3 NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 7.30 WILLIAM J. NEE - MAYOR EXHIBIT A Resolution No. - 1991 1. A 30 foot easement shall be dedicated to the City for the water line improvement and recorded when the lot split is recorded. 2. Common party wall and shared easement agree�ents shall be recorded when the lot split is recorded. 3. A hold harmless agreement waiving the City of any liability for allowing the Uniform Building Code requirements shall be recorded against the lot split. 4. Variance request, VAR #91-04, shall be approved. 5. Plat request, P.S. #91-01, shall be completed by May 6, 1991. 7.31 � �► STAFF REPORT APPEALS DATE �j� �F PLANNING COMMISSION DATE ; March 13 , 1991 FRIDL�.Y CIIY COINVCIL DATE : March 25, 1991 AUTHOR M�/dn REQUEST PERMIT NUMBER APPUCANT PROP4SED REQUEST LOCATION S�TE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES � �ONING UT�IE$ PARK DEDICATtON A�ALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATfBiLIiY WITH ADJACENT USES & ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATlON L.S. ,1�91-02 Milestone Hotel Investments To split Lots l-5, Auditor's Subdivision No. 153 into two lots ' 5201-5275 Central Avenue N.E. I1.8 acres C-3, General Shopping Center District C-1, Loca1 Business to the South; R-1, Single �amily Dwelling to the East; C-3, General Shopping to the North Yes Yes Approval with stipulations Approval with stipulations 7.32 's� rr � a ,� wcow�► c�9-�.'rF � �s , cs,� 23 �o.i L.S. 4�91-02 Milestone Hotel N �/2 cirr cr rr 21 � r..r 24 SEC OF , .� ot CG \ � NI. �.. . � �*. � Tis T� y ,. � �� B• __._ -� e � �„ � � ....,.� � .,..� 7.33 LOCATION MAP � Staff Report L.S. #91-02 Milestorie Hotel Investments, Inc. Page 2 Request The petitioner is proposing to split Lots 1-5, Auditor's Subdivision No. 153 into two separate lots, the same being 5201- 5275 Central Avenue N.E., commonly known as the Skywood Mall and Hotel complex. The proposed lot line will occur along the common fire wall of the two buildings. The location of the lot line will allow the hotel portion to be sold independently to Milestone Hotel Investments, Inc. from the mall. A plat is also being processed which will simplify the legal descriptions. Processing the lot spiit will allow the petitioner to close on the property by April 1, 1991. The petitioner is also processing a variance request, as the C-3 zoning district regulations do not allow a zero lot line to occur as do the industrial district regulations. Site Located on the parcel is a 100 unit hotel complex and a retail mall. The property is zoned C-3, General Shopping Center District. There is additional C-3 zoning to the north. The property to the east is zoned R-1, Single Family Dwelling, and property to the south is zoned C-1, Local Business. Analysis In Z983, the City approved industrial revenue bonds to finance the original mall and hotel redevelopment. As a condition of approval, several stipulations were placed on the property regarding general site improvements including landscaping, curbing, signage, etc. In 1985, a sign variance was granted which included the previous stipulations from 1983 and additional stipulations speciEically regarding the signage. Between 1985 and the present, the property has gone into receivership, and is currently under the power of a trustee. Through the receivership process and the expansion and remodeling of the Twin City Federal building located at 52nd and Central Avenues, the City has achieved completion of the outstanding site improvements first assigned to the property in 1983. The two lots will meet the minimum Iot area and width requirements, and all setback requirements and all setback requirements except the proposed variance. The only deficiency in meeting the code requirements will be that the mall and the motel do not meet the parking requirements autlined in C-3 district regulations. The lot line has been drawn such that the hotel portion of the complex falls short of the requirement by 11 spaces; however, the mall and 7.3 5 � Staff Report L.S. #91-02 Milestone Hotel Page 3 Investments, Inc. office portion of the complex fall short by 116 spaces. It should be noted that this is an existing condition of the complex. When the industrial revenue bonds were approved in 1983, the City was cognizant of the fact that the parcel was under parked. The trustee has recently expanded the existing parking in the area between TCF and the Ground Round (one of the outstanding stipulations). The site is now maximized for parking. Despite the site being under-parked, actual use of the property has found that the existing and new parking lots are adequate. The issues surrounding the plat request include the following: 1. Maintenance of the common fire wall between the two facilities. 2. 3. Maintenance of the common parking easements between the mall and the hotel. The City's liability in allowing the lot line to occur along the fire wall of the two buildings. The first issues have been considered by the petitioner, and agreements regarding common wall maintenance and parking easements have been drafted which meet the City's requirements and will be recorded against the lot split. The third issue regarding the City's liability will need to be addressed in a separate agreement. The City's liability occurs because the City is waiving the Uniform Building Code requirement which requires that 60 feet of clear area occur between two buildings along a common lot line. In this instance, the City is allowing a common lot line to occur at a zero lot line between the two buildings. This is not an unusual case in the fact that it has occurred in other cities, primarily in St. Paul and Minneapolis, where the buildings are close together and connected by skyways. An agreement will be drafted which will hold the City harmless for waiving the building code requirement. In addition to the agreements between the proposed separate owners, the City will be constructing and completing a water main project in this area which will improve the water service. Clyde Moravetz, Engineering Technician, has submitted easement documentation to the trustee in order to grant the City a 30 foot water easement which would be located along the rear of the Skywood Mall property (please see attached documentation and map). Staff is recommending that the easement be recorded as a separate document when recording the lot split request, and then dedicated on the plat itself. 7.36 Staff Report L.S. #91-02 Milestone Hotel Investments, Inc. Page 4 Recommendation Staff recommends that the Planning Commission recommend approval of the lot split request, L.S. #91-02, with the following stipulations: l. A 30 foot easement shall be dedicated to the City for the water line improvement and recorded when the lot split is recorded. 2. Common party wall and shared easement agreements shall be recorded when the lot split is recorded. 3. A hold harmless agreement relieving the City of any liability for waiving the Uniform Building Code requirements shall be recorded against the lot split. 4. Variance request, VAR #91-04, shall be approved. 5. Plat request, P.S. #91-01, shall be completed by May 6, 1991. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request as proposed to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 7.37 , W J � � N � 0 W � U � �— � W U CT��I�ti��•'� r � Y s• L.S. �i91-02 Milestone Hotel � �^ KiY' . 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N � i � � I i: 3 � �� s . � � � � .. � ... ... ... ....�.,� . i � 7-3$ LOT S P L I T 0 �� 6431 �IIVF•RSITY AVENUE N.E. �r�`�i� �r 554�2 (612) 571-3450 •� n ui .�1 � � �L-_ • � �� a� � a.� . t��i,u} , I�T SPI�T APPT+I(�TI�I FDi�I PR�PERTY II��oR1�mTI�i - site plan required for submittals; see attacYled Ac3dres,s: 5201-5275 Central Ave., Fridlev, MN 55421 I,�g-dl desar'lption: See attached IiDt See attached B1oCk '1'Y"dct/Additiarl ALditors SLbdi vi G�i on 1 53 Q1rr'ent 2oning: C-3 Square footage/acx+eage 11.8 acres R�eason for lOt spllt: To separate ownership of Skywood Tnn Hotel from Skywood Ma11 and Skywood Office Building �'EE � II�ORNIloiTION (�tract Pur�: Fee Owners must sign this fonn prior to prooe.ssir�g) Marquette Bank Minneapolis National Association as Trustee N1�1ME under Indenture of Trust dated December 1. 1983 AD�S 6th & Marauette, Minnea�olis, MN 55480 P�.*I'I'PI�R IPIl�ORI�TI�1 NAME Milestone iiotel Investments, Inc. AD��2ESS 681 E. Lake St. , 4�246 Wavzata. MN 55391 r r• DAYTIME PHONE 341-5804 �'I'E �•- ,r� , 4 f L�AYTIME PHONE 612 476-8516 OATE Fee: $I00.00 Permit L. s. # I i- �� Reoepit # �`� l A l� Application ieceived by: s�hedulea - Planning cc�►ission aate: _��Y Ilrl�/1�('��i 1� f i`� �' l Sc�eduled City �i1 date: 7.39 _ C��TY UF F[ZI DLEY FRIDLEY MUNiCIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 February 22, 1991 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a lot split, L.S. #91-02, by Milestone Hotel Investments, Inc., to split: Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot l; thence East along the south line of the north 30 feet of said Lot 1, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, into two separate parcels described as: Parcel A: That part of Lots 1, 2, 3, and 4, Auditor's Subdivision No. 153, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of Lot 1, Auditor's Subdivision No. 153; thence South 00 degrees 29 minutes 30 seconds East, on an assumed 7.40 L.S. #91-02 Milestone Hotel Investments, Inc. Page 2 bearing, along the east line of said Lots 1, 2, and 3, a distance of 337.60 feet; thence South 89 degrees 33 minutes 37 seconds West, a distance of 258.39 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of 100.14 feet; thence South 89 degrees 27 minutes 59 seconds West, a distance of 196.26 feet; thence North 00 degrees 32 minutes 01 seconds West, a distance of 9.37 feet; thence South 89 degrees 16 minutes 28 seconds West, a distance of 145.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence northerly, easterly, and northerly along said east line of State Trunk Highway No. 65 to the north line of said Lot 1; thence East along the north line of Lot 1 to the point of beginning. Except the following described parcel: Beginning at a point on the east line of the west 50 feet of said Lot 3, distant 47.17 feet South from the north Iine of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet of said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1 a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, Z, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3 a distance of 188.67 feet to the point of beginning. Parcel B: That part of Lots 3, 4, and 5, Auditor's Subdivision No. 153, Anoka County, Minnesota, described as follows: Commencing at the northeast corner of Lot 1, Auditor's Subdivision No. 153; thence South 00 degrees 29 minutes 30 seconds East, on an assumed bearing, along the east line of said Lots 1, 2, and 3, a distance of 337.60 feet to the point of beginning of the land to be described; thence South 89 degrees 33 minutes 37 seconds West, a distance of 258.39 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of 100.14 feet; thence South 89 degrees 27 minutes 59 seconds West, a distance of 196.26 feet; thence North 00 degrees 32 minutes 01 seconds West, a distance of 9.37 feet; thence South 89 degrees 16 minutes 28 seconds West, a distance of 145.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence southerly, along said east line of State Trunk Highway No. 65 to the south line of said Lot 5; thence East along the south line of Lot 5 to the southeast corner of Lot 5; thence North along the east line of Lots 3, 4, and 5 to the point of beginning. Except the west 275.00 feet of Lot 5 lying South of the north 36.67 feet thereof. 7.41 L.S. #91-02 Milestone Hotel Investments, Inc. Page 3 Generally located at 5201 - 5275 Central Avenue N.E. Anyone who wishes to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, March 13, 1991 at the Fridley Municipal Center, 6431 University Avenue N.E., at 7:30 p.m. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION 7.42 P.S. 4�91-01 VAR �� 9 1-04 L.S. ��91-02 Milestone Hotel Investments, Inc. Milestone Hotel Investments, Inc. 68l E. Lake Street, ��246 Wayzata, MN 55391 MAILING LIST Planning 2/22/9l Council Marquette Bank Minneapolis Carl Heggestad 6th and Marquette 1258 Skywood Lane N.E. Minneapolis, MN 55480 Fridley, MN 554�;1 City of Columbia Heights Mary Matthews Planning Department 1259 Skywood Lane N.E. 590 - 40th Avenue N.E. Fridley, MN 55421 Columbia �ieights, MN 55421 Embers Restaurant 5400 Central Avenue N.E. Fridley, MN 5542� Chet Herringer 4121 Stinson Boulevard Columbia Heights, MN 55421 Total Minnesota, Inc. 5300 Central Avenue N.E. Erid:ley, MN 55421 Total Minnesota, Inc. 999 - 18th Street Suite 2201 Denver, CO 80202 Menards Inc. 5351 Central Avenue"N.E. Fridley, MN 55421 Menard Inc. Route 2 Eau Claire, WT 54701 Commerce Park Investments 3989 Central Avenue Columbia Heights, MN 55421 Roland Lang 1278 Skywood Lane N.E. Fridley, MN 55421 Yun Lee 1268 Skywood Lane N.E. Fridley, MN 55421 Ground Round 5277 Central Avenue N.E. Fridley, MN 5542� Howard Johnso Co. Box 38 �� Wahkon, NIN 56386 Skywood Inn 5201 Central Avenue N.E. Fridley, MN 5542'I Skywood Mall 5251 Central Avenue Fridley, MN �54a�1 Lee Wards 5289 Central Avenue Fridley, MN 55421 Robert Hall Clothes ]075 Central Park Avenue Scarsdale, NY 10583 Great American Music 5151 Central Avenue N.E. Fridley, MN 55421 Irwin Kallman 115 E. 57th St., ��1240 New York, NY 10022 , Marck Investment Co ✓"'r 7601 Wayzata Boulevard, 4�206 Minneapolis, MN 55426 Current Resident 1090 - 52nd Avenue N.E. Fridley, MN 554a1' Current Resident 1120 - 52nd Avenue N.E. Fridley, MN 554�1 Current Resident N.E. 1170 - SZnd Avenue N.E. Fridley, MN 55421 Lyle Mandel�/[J�' - N.E. 6950 Wayzata Boulevard ��206 Golden Valley, MN 55426 Current Tenant Current Resident 5267 Central Avenue N.E. 215 - 53rd Avenue N.E. Fridley, MN 5542%1 Fridleq, MN 55421 Adventures in Video Thomas Skovran SZI1 Central Avenue N.E. 5298 Fillmore Street N.E. Fridley, MN 554�:1 Fridley, MN 55421 Twin City Federal Rona2d Parizek 5205 Centra2 Avenue N.E. 5258 Fillmore Street N.E. Fridley, MN 5542:1 Fridley, MN 554z^�. Twin City Federal 801 Marquette Avenue Minneapolis, MN 55402 7.43 Marvin Schenk 5246 Fillmore Street N.E. Fridley, MN 5542-1 I: f � Mailing List P.S. ��91-OI VAR �� 9 1-04 L.S. ��91-02 Page 2 Peter Molinaro 5234 Fillmore Street N.E. Fridley, MN 55421 Raymond Forss 5222 Fillmore Street N.E. Fridley, MN 55421 Dean Bliss 5212 Fillmore Street N.E. Fridley, MN 55421 Joseph McHugo 5200 Fillmore Street N.E. Fridley, MN 55421 Gary Townsley 1301 - 52nd Avenue N.E. Fridley, MN 55421 Michael Jaroslawski 5201 Taylor Street N.E. Fridley, MN 55421 Francis Job 5209 Taylor Street N.E. Fridley, MN 55421 Terri Wallace 5217 Taylor Street N.E. Fridley, MN 55421 Edward Kowal 5235 Taylor Street N.E. Fridley, MN 55421 Daniel Dolezal 5251 Taylor Street N.E. Fridley, MN 55421 Marvin Schenk 5246 Fillmore Street N.E. Fridley, MN 55421 James Rosemeuer 5285 Taylor Street N.E. Fridley, MN 55432 Kwin Lemke 5299 Taylor Street N.E. Fridley, MN 55432 Donald Delich 5284 Taylor Street N.E. Fridley, MN 55432 William Kuether 5268 Taylor Street N.E. Fridley, MN 55432 William Job 5250 Taylor Street N.E. Fridley, MN 55432 Timothy McCauley 5234 Taylor Street N.E. Fridley, MN 55432 Aaron Engebretson 5216 Taylor Street N.E. Fridley, MN 55432 Steven Kantorowicz 5200 Taylor Street N.E. Fridley, MN 55432 Gerald Sorenson 1280 - 52nd Avenue N.E. Fridley, NIN 55432 James Vant 1260 - 52nd Avenue N.E. Fridley, MN 55432 William Leavey 1240 - 52nd Avenue N.E. Fridley, MN 55432 City Council members Planning Comm. Chair 7.44 �� 1►. � r�iNl 1�, � �.y1�i�.x: ': .E% � �T��ized for it. Ae stated what they did was an overbuild and physi 3r took all new cable and hardware and energized the new cable and, after the cu was van�leted, the old cable was taken out. He stated the purgose was to e the residents better with a miniaal disruption of service. - Mayor Nee thanked the representativ"`�s� Cable Canpany for repiying to -the Cotu�cil's ooncerns. He also oongratu them for the work they have done for the public acoess group in providing 'th a fine studio. � �: .� :: ►. . � 1. $�31�IC hi nRT� pIt A PROP06ID PRO�TF`(:'1' A►v*J THE ISS[IANCE OF CL�['9�1ERCIA. ^�'°a� ]2EL�'T�Pi�lEhT iZ�'►�'JE AO� OR I�A`I'�S [TT�gt TH MUf�ICIPAL II�II)USTRIAL nfvFrn�Fnrr AC�r. MItat�SOTA STA�TT£S, CI�3AP��A 474, D_�i� �'.+,-'�' � `� _ ��; ��(L�DTION by Cour�cilman Hamernik to waive the reading of the public hearing a;�l� notice and open the public hearir�g. Seconded by Councilman Barnette. Upon -� C a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:05 p.m. Mr. Iranan, City Clerk, stated the public hearing is on the regvest by Skywood Mall (Fair Oaks Project) for a$7,000,000 industrial revenue bond. He stated, with completion of this project, it would generate about 125 new jobs and an annual payroll of $1.2 million. He stated in addition to providing office space and new shopping space, there would be a motel and the estimated generated taxes upon oornpletion of the project is $775,000 to $300,000 per year. Ae stated the City has reviewed the financial data and f inds it to be an extrenely solvent organization and recannends approval. Mr. Mark Haggerty sukxnitted a layout of the new project area and a drawing of the front elevation. He stated they have met with residents of the area and sane are here this evening. Mr. Haggerty stated they had soine revised architectural plans come in as late as Friday. �e reason for this was to take in soane of the concerns of the neighborhoai. He stated one of the changes woulc7 be 20,000 square feet of office space. He stated, in addition, there would be 65,000 square feet of motel plus 11,000 square feet for banquet facilities in the basement of the motel and 3,300 square feet for a restaurant and courtyard and pool. Mr. Haggerty stated there will be extensive landscaping. Mr. Aaggerty submitted a�let shawing the type of operation the owners have at the Fair Oaks Motel located in the southern area of Minneapolis. Mr. Aaggerty stated he felt the area needs a tremendous amount of i�rovement and this project would enhance the entire area and $5,500,000 would actually be put into the project. Mr. Aaggerty stated Mr. Darwin DeRosier is a principal and one of the awners who will be in this venture. Mr. Aaggerty stated when he and Mr. DeRosier met with the residents, their biggest concern was the rear elevation, and the entrances in the back have been reduced f rom 17 to 3. Ae stated another of their concerns was the traffic, but he felt with the new seniphores, they should accanIInoc3ate Yhe additional traffic. He stated there is adequate parking since there are over 400 stalls. 7.45 . , � ��. !►. r� .�Ilyl►. • � M1� �_�: ' : •; d . Mr. Haggerty stated another ooncern of the residents, their biggest concern was the rear elevation, and the entrances in the back have been reduced fran 17 to 3. He stated ar�other of their ooncerns was the traffic, but he felt withthe new semiphores, they should accommodate the additional traffic. He stated there is adequate parking since there are aver 400 stalls. - Mr. Aaggerty stated another ooncern of the residents was noise. He stated =the restaurant and motel will operate without a liquor license and hopes this will keep dawn the noise level. He stated the motel will be family- oriented and banquet facilities available in the taaselnent. He stated the build.ing will only be two-stories high so there shoulc7n't be any view zestrictions from the neighbors on the hill behind. He stated they have strived to accanrnoc'iate all the ooncerns of the residents. Mr. Haggerty stated a letter has ben received fran the Fri8ley Chamber of Cam�erce endorsing the plan for the Skywood t+1a11 project. - 7he letter indicated they felt the addition would benefit the mall area anci existing businesses. CAUncilman Hamernik stated 55,500,000 woul.d go tc�wards actual costs of the project and asked where the balance wauld be spent. Mr. Haggerty stated of the $1,500.000 balance almost $400,000 is to pay undenariters; another 5100,000 in costs such as printing and official statements and attorney's fees; capitalized interest af another 5700,000 to S600,000 which would oover the interest cost durin9 construction before ze�ts are generated frun the motel; and the balance is a dept reserve to cover any defaults in event of non-gayment of the bonds. Mr. Bud Ruether, 526 8 Taylor Street, statea he believed he has been here four times to get the hill behin3 Skywoa7 Mall fixed. He stated they w�ere also here regazding noise in their area. He stated there will be noise at the motel whether or not they serve liquor. He felt by putting in a motel, it would compound the existing traffic problem. He stated it is alrn�st i�ossible to get on or off Central into Skywood Mall. He stated the motel will generate more taxes, but it will make it a hardship for persons who want to get up the hill to their residences. He stated it will also be hard for persons trying to get into 4Win Gity Federal. Mrs. Judy fln9ebretson, 5216 Tayloz, questionea whether the parking would be adequate. She stated the situation there now is that you can hardly get through the parking lot and felt, with the motel and banquet facilities, she wondered if there is sufficient parking. She stated there are also plans to bring parking to the back of the motel and she thought commercial development would renain tawards the f ront facing Centzal Avenue. She said it see�ns cat�nercial c3evelopnent is canin9 closer and closer to theiz homes because there naw will be traff ic to the reaz af Skywood Mall. 7.46 �� Ja. � r�x� 1�. � �.�iy� : �� ' : .;a Councilman Barnette asked Mrs. Engebzetson what she had now in her back yard as a buffer. She stated they had put up a fence, but that is npw gone because of erosion and currently have planted lilacs. She stated they have to retain their view in order to keep any value to their property. ' tbuncilman Hamernik asked Mr. DeRosier if they have any plans to maintain the hili. � - Mr. DeRosier stated the hill is a problem and they would like to do something about it, but ��ould need sorne expertise in this f ield. He stated they would want sanething that is aesthetically pleasing. Mayor Nee stated the question this evening is not whether or not they could builci the motel because it is propertly zoned, but whether the City wants to permit the issuance of industrial revenue bonds. He felt it hinges on whether or not the Council thinks it would generate more jobs and payroll and pzavide a greater tax base. A gentlesnan in the audience asked about then aplying for a liguor license in the future. ., Mr. DeRosier stated he doesn't want a liquor license. He pointed out there are restrictions on the land lease to the Ground Round and no one else on that property can have a liquor license. He stated the lease runs for IS years and Ground Round has ir�dicated they wouldn't release their hold to serve liquor. He stated the oovenants, however, wouldn't restrict anyone from bringing in their awn liquor for events in the banquet facilities. �e gentlgnan stated he has a ooncern because he lives in the area and has young children. He stated this canplex would be right in their back yard, 50 feet f rom thei r property. Mr. DeRosier stated the plans were changed, af ter meeting with the residents, because of their concezn over the entrances in the back. He stated they have reduoed the entrances to three which are required for fire purposes. Cauncilman Barnette asked Irirs. F�gebretson if she wou3d be able to see into the motel fram her hvme. She stated she isn't on the same level, but the hane on the corner wi21 be lawer b�cause there is a significant c3rop in the slope of the hill. IKayor Nee asked i�lrs. �ngebretson i£ she had a suggestion how she would like this land used. Mrs. Engebretson felt she could live with an office building or restaurant. She stated right now they are talking about changing a 6 day operation to a 24 hour a day operation. 5he stated she is a little Ieary of what kind of peop].e the motel would attract into the area because of the snaZ1 childr� in their neighborhood. She stated she is ooncerr�ed abo�t the additional traff ic, as she doesn't see where they have sufficient parking facilities now. She stated she fully understands it is zoned commercial, but never really expected anything like this to oane about. She stated she wishec3 someone could tell her what it is like living with a motel as a back door neighbor. 7.47 � �- �� 1�. r�i1D1 1�. � �.�ii►� C_�: •;!'t Mr. DeRosier stated traff ic to a motel is usually not during the peak traffic peria3s and motels don't create the greatest traffic problems. Mrs. Ruether stated what rcally should be happenin9 is somethin9 to improve the traffic stivation. A gentlenan in the audience statea he w�ould like to see an office complex in this area. 'Mr. DeRosier stated an office complex in order to survive on that o�rner would have to be five-stories high, whereas the motel would oniy be two-stozies. Qouncilman Schneider asked if the motel wuuld be sprinkled. Mr. DeRosier stated the motel, as well as the mall, would be sprinkled. MOTION by C�uncilman Aamernik to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani.mously and the public hearing closed at 8:50 p.m. 0 . ora, Public Works Director, stated he talked to . Ingram and i him of the Council's direction to look at 0 sguare feet of signa service stations. He stated Mr. Ingr�n ' icated he would like the CAUn 'I process his application, as origi y submitteci, and take a vote on it. Mr. Herrick, 't Attorney, stated t Council would have three alternatives to ei e approve or deny request or approve the request for samething less th t is being sted. CAUncilman Hamernik stated cu ent request is for a 183 square foot sign and the petitioner has i ted he does not desire or cbesn't request approval for a 100 square f si� GounciLnan Hamernik ask if there was possibility for reconsideration, if they deny the vari ce request. He s he would liice to leave Mr. Ingram the option o changing his request, t onvey to him the request for a 183 square f t sign would not be acce le. M�TION by Counc' man Barnette to deny the variance ue to increase the maximum size a f ree standing sign for 7600 Univer Ave e as filed by Renneith In9 am. Seconded by C�unciiman Schneider. ;� Mayoz Nee stated if the above motion passes, he would take�'a..moti f ram anyone voting on theFrevailing side to have it brought u�9ain or reconsideration in the�event the petitioner decided to reduce e squa tage he is reqiaesting for the sign. ``� `. UPaN A VOICE W'iE all voting aye Mayor Nee declared the motion carried . . ur�animously. / , 1 7,48 � _� .. .i r a,.,,. �. -� . 'Y�.: �:��r ,•al. M... . i: �x .?: . �y� t 4 �� Y y7f � y A;� CI�tY OF FRIDLEY ,J `,, �!- �-' ... ---� G�T _,,.: tLC.0 �-�� f=Rll)LE:1' �1l��ICIP:\L C[iNTEiR • 1�331 Uf�NERSI"1'1' AVG. N.f:. FRII)L(=1'. �1N SS-�i? •�(,I'l.57!-;JS(1 • FAX tbl?) S71-i'K7 Januar� 31, 1991 Mr. Bob Lund 9th Fioor Marquette Bank Buildinc� 90 South 6th �treet Minneapoiis, MN 55480 PW91-23 SUBJECTs Drainage and Utility Easement Over A Portion of the Skywood Inn Property Dear Mr. Lund: This ietter is to confirm our teiephone conversation on Jarivary 30 and I indicated that I would be mailing you a utility and drainage easement f�om Marquette Bank Minneapolis National Association to the City of Fridley on a quit claim deed form. As I indicated, this easement is to accommodate the- proposed watermain that the City intends to loop in this area. To further orient yourself to the location, I have enciosed a construction plan with the location of the watermain highlighted in yellow. Also enclosed is an aerial photo of the area again indicating the . location of the proposed easement and watermain. Please execute the document and return to my attention as soon as possible. If you have any questions, concerns, or comments, please do not hesitate to call me at 572-3554. Thank you for your assistance in this matter. Sincerely, / ;� � � �{ � 1 :� . --• � �-•� � �_,. i . � )i . � J'.. � : C1yde�V. Moravetz � Engineering Assistant cVM/ts 7.49 � �, ! � `�i Quit Claim Deed .. Corporation(s) to Corporation(s) No delinquent taxes and transfer entered; Certificate of Real Estate Value () filed ( ) not required Certificate of Real Estate Value No. , 19 ' County Auditor by Deputy STATE DEED TAX DUE HEREON: $ None Date , 19 FOR VALUABLE CONSIDERATION, Marguette Bank Minneapolis. National Association *, Grantor, a N�tional Bankina Association under the laws of Minnesota, hereby conveys and quitclaims to Citv of 'Fridlev, Grantee, a Municioal corporation under the laws of Minnesota, real property in �� County, Minnesota, described as follows: See Exhfbit A attached hereto and made a part hereof. * As trustee under indenture of trust dated as of December 1, 1983, between City of Fridley, Minnesota, and F� M Marquette National Bank (now known as Marquette Bank Minneapolis, National Association). The City of Fridley hereby accepts this easement for drainaqe and utilitv purposes. Shirley A. Haapala - City Clerk Together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: MAROUETTE BANIC MINNEAPOLIS. NATIONAL ASSOCIATIOt�i BY• Its STATE OF MINNESOTA ) ) ss County of j The foreqoing instrument was acknowledge before me this day of , 19 , by , the of Marc�uette Bank Minneapolis. National Association, a National Bankinq Association under the laws of Minnesota, on behalf of the Association. Tax Statements for the real property described in this instrument should be sent to: THZS INSTRUMENT WAS DRAFTED BY: City of Fridley 6431 University Ave., N.E. Fridley, 2�i 55432 7.50 / " E�IBIT 71 To Quit Claim Deed dated , 1991 30 Foot Drainaqe and Utility Easement from Marquette Sank Minneapolis, National Assxiation, as Grantor, to City of Fridley, as Grantee. A 30 foot drainage and utility easement described as that part of Lots 1, 2, 3, 4 and 5, Auditor's Subdivision No. 153 lying 15 feet on either side ot the followinq described line. Beginning on the North line of said Lot 1 a distance of 85 feet from the Northeast corner of said Lot 1; thence South 13.34 feet alonq a line parallel with, and 85 feet West o!, the East line of said Lot 1; thence deflect to the riqht 45 deqrees, 00 minutes a distance of 53.6 feet; thence deflect to the left, in a southerly direction, 45 degrees, 00 minutes a distance oi 255.5 feet; thence deflect to the leEt 45 deqrees, 00 minutes a distance of 18.3 feet; thence deflect to the right, in a southerly direction, 45 degrees, 00 minutes a distance of 317.5 feet; thence detlect to the riqht 67 degrees, 30 minutes along a line to the South line of said Lot 5, Auditor's Subdivision No. 153 and there terminatinq. Subject to all rights and easements of record. � 7.5 -c-, .i - �A � : s :�' �•_ ..r' :•�R-�!!� �. -s . 'y - « i i ';� y , : � '' i � •l:l• � + T� �� `�e�� -• ''� ; ) � �i��-;-6;:� . h .' � � � � � 'r : .�`; =' �'. i '.,�� ti_g'. � _�- � -�: ~ `� �y ` O� ■ �` l -. 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I r- ! �'i,�. f �•.�•` � .f .��.. �... �.. 1 �.(- 1 � �,: 7, • _• .� ~ � � ` J•,�- ` .. _ ,��ib � �, ;� .f 7 rF � � •� 1 I f "a y � S.Z� ��1 !�. ` • � a;;, � � ' '� %• u•i�?' . � u �Q��,Y�.ify'�� -" t � �r� � L , _ , � .ry.-�;�; �; �� _ .�- - .�� ^ �; � .•Z1 -r .,� i �.••�� ., ,..�' ,�l .� C �;, ' �: . �.. ' `� � �Ct ' t a F : �. � w ` - k �= ' -a - ,r;: � . - ,. • � _ , �.�, ��'�i ti, ,.,<j�;' ' .� . • �� <.�l' ^`, r", ;� � �� '� `. �. � � ��1G� • -r�-♦ '!t�� ..• , '� � . �'�- .- ., . -'r ., , �, •� � *` � `��.y� � �� .t, .'y • f;� � . � s � ' � � . y � � _:�„� �H "��':�5� ,�. ', 4 . , '�� _��`?� ' �� ` ; � �`,r�`? j� ' ,, •� . � , � �. � � � � i � � � , ; 4'� .� �. �i • 1' ��'�+�' • � � I ` �` � ' '� +'t {�' e �{- _ •\ � •� ;-+3✓j � � • �C y � � ` �� S T-k'>'�,�.%.°- , . � .�► �.�i >�, i�,'� �S� : .'� , i _ ' , ►� u � M i � E S i i.> (� _ February 11, 1991 Barbara Dacy Planning Coordinator City of Fridley 6431 University Ave. NE Fridley, MN 55432 Dear Barbara: Milestone and Kelly Inns plan to form a part- nership to acquire the Skywood Inn. Enclosed is background information on both Milestone and Kelly Inns Ltd., a subsidiary of Ramkota. I have also enclosed a brochure on the Best Western Kelly Inn in St. Paul, which we recently purchased and renovated. I would be happy to show you or anyone at the city the property as an example of our approach to operating hotel properties. Please call me if you have questions on the en- closed materials or would like additional infor- mation. Sincerely, '�,_..-� j`� � � . � Patrick M. Conlin Vice President PMC/dm Enc/ Mi��s;o��e Hotel Investr�iFr�ts, inC. 6�1 East � uke Street • Suite 24b • Wr.yzata, Minnesota 553�i •(612) 476-851ti • Fax (612) 475-0618 7.53 � � �� ! f ` I I SYNOPSIS OF MILESTONE HOTEL INVESTMENTS, INC. Milestone Hotel Investments, Inc., a Minneapolis, Minnesota based company, was formed in 1987 to identify, analyze, structure and arrange equity finan- cing for investment opportunities in underperforming hotel real estate. To date Milestone has been involved in the acquisition of six hotel properties, the Sheraton and Town House Inns in Bismarck, North Dakota, the Hilton and Rodeway Inns in Casper, Wyoming, the Radisson Inn in Greeley, Colorado and the State Capitol Holiday Inn in St. Paul, Minnesota. Management Curtis 0. Gudmundson, President. Mr. Gudmundson has over seventeen years of business experience including experience with newly formed companies, banking and securities transactions, and real estate. He has founded sev- eral successful companies, including Jonathan Health Services, Inc., the largest dental franchise company in the Midwest, and Scanner Forms, Inc., a printing company which prints forms for optical mark read scanner equip- ment. In addition to structuring, promoting and managing the acquisition of hotels, he has managed the acquisition of several companies in other industries, including Medical Transcription Service, Inc., Metro Medical Services, Inc., Midwest Dictation, Inc., and PreSort Services, Inc. Mr. Gudmundson holds a B.A. degree in economics from Moorhead State University. Patrick M. Conlin, Vice President. Mr. Conlin has over nine years of busi- ness experience including newly formed companies, management consulting, and real estate. Mr. Conlin co-founded Software Business Systems, a successful Minneapolis based computer software development firm and was a senior finan- cial consultant in the special services division of Arthur Andersen. As Vice President of Milestone, Mr. Conlin has negotiated, structured, promoted and managed the acquisition of hotels. Mr. Conlin holds a B.S. degree from the University of Southern California and an MBA from the Tuck School at Dartmouth College. 7.54 0 SYNOPSIS OF RAMKOTA, INC. Ramkota, Inc. Ramkota, Inc., a South Dakota corporation, was formed in 1965 for the pur- pose of owning and operating the Ramkota Inn, Sioux Falls, South Dakota. Ramkota now wholly owns two other properties, the Best Western Ramkota Inn in Aberdeen, South Dakota and the Best Western Ramkota Inn in Watertown, South Dakota. Ramkota's principal office is at 2600 North Louise Avenue, Sioux Falls, South Dakota 57107. Ramkota currently employs 230 people. AFFILIATES OF Rt�MKOTA Regency Inns Management, Inc. is a wholly owned subsidiary of Ramkota, Inc. Regency Inns Management, Inc. is a leader in the MidwesC in the hospitality industry. The Sioux Falls based management company oversees the work of 1,200 employees in seven states. The management company was formed in 1979 as an outgrowth of Ramkota, Inc. at the request of several parties who wish to utilize their management expertise. The 18 properties that Regency cur- rently manages range from a small water front resort to a large convention hotel complete with state-of-the-art audio/visual amphitheatres and thirty thousand square feet of banquet and meeting space. Regency Inns Management has an equity interest in 6 of the 18 properties. Regency Inns Management, Inc. has developed a track record in turning around distressed properties as well as maintaining and improving on-going properties. Regency also has extensive experience in the construction and opening of hotels from the ground up as we11 as renovation of existing hotels and additions to existing hotels. The client list includes large regional lenders, insurance compan- ies and investors that have wished for Regency to manage their hotel proper- ties. Ramkota formed Kelly Inns, Ltd. in 1984 as a method of developing "rooms- only" motels. Currently, Ramkota owns 56% of the issued and outstanding stock of Kelly Inns, Ltd. which has an ownership interest in eight "rooms- only" properties. These properties include the Kelly Inn, Sioux Falls, South Dakota, the Ke11y Inn, Keystone, South Dakota, the Kelly Inn, Spear- fish, South Dakota, the Kelly Inn Billings, Montana, the Kelly Inn, Fargo, North Dakota, the Kelly Inn, Bismarck, North Dakota, the Kelly Inn, Casper, Wyoming and the Oasis Inn, Oacoma, South Dakota. Ramkota also operates a business under the name of Commercial Interior Decor, which provides decorating and purchasing services for third party owners as well as the property it owns. ?.55 KEY MANAGEMENT PERSONNEL David R. Sweet, President. David R. Sweet has been involved in the hospital- ity industry since 1966. He has degrees in hotel and restaurant management and in business and marketing. Before taking his current position with Ram- kota, he served as Director of Operations for a hotel management company op- erating franchise hotels in various parts of the United States. Prior to that, he worked with Holiday Inns High Rise Division, Sheraton Ritz, Prefer- ence Hotels and ARA Food Services. He has been involved in all facets of the hospitality business, from cooking to design and financing of new projects. Donald W. Kelpin, Director of Operations. Mr. Kelpin has overall supervision of all hotel properties and operating personnel for Regency Inns Management, Inc. and Kelly Inns, Ltd. He served as General Manager, and then Regional Manager in Regency Inns Management, Inc., before being promoted to his cur- rent position. Mr. Kelpin has worked in the hospitality industry since 1968 and has had hands-on experience with Ramada Inns, Sheraton Inns, Holiday Inns and Best Westerns. He oversees more than 1,200 employees and draws on thi� pool of people when situations arise that need special expertise. Gregory L. Schjodt, AssisCant Director of Operations. Mr. Schjodt has been associated with the hospitality industry since 1970. He received his bache- lor's degree from Augustana College. His responsibilities involve the direct supervision of full and limited service properties. Prior to his current position, Mr. Schjodt served as a General Manager for full-service properties. Before his employment with Regency Inns Management, Inc., he worked at various locations for a major franchise company. Previous involvement at all levels of hotel management has provided him the skills to effectively supervise mul- tiple properties. Robert J. Timjon, Controller. Mr. Thimjon has been involved in the lodging industry since 1980. A 1974 graduate of Augustana College (business adminis- tration/accounting), he received his Masters Degree in Business Administration from the University of South Dakota in 1982. From 1974 to 1980, Mr. Thimjon was involved in public accounting, receiving his CPA certificate in 1976. Since joining Ramkota in 1985, he has been involved with development, syndi- cation, acquisition and financing of hotel projects. His responsibilities include supervision of the accounting and management information systems as well as insurance and real estate taxes. 7.56 PROPERTY LIST - RAMKOTA AND AFFILIATES PROPERTY & LOCATION Ramkota Inn, Sioux Falls, South Dakota Ramkota Inn, Aberdeen, South Dakota Ramkota Inn, Watertown, South Dakota Ramkota Inn, Pierre, South Dakota Ramkota Inn, Greeley, Colorado Sheraton, Bismarck, North Dakota Hilton Inn, Casper, Wyoming Yankton Inn, Yankton, South Dakota Mariana Inn, S. Sioux City, Nebraska Golden Hills Resort, Lead, South Dakota Canterbury Inn, Shakopee, Minnesota Lewis & Clark Resort, Yankton, South Dakota Kelly Inn, St. Paul, Minnesota Kelly Inn, Sioux Falls, South Dakota Kelly Inn, Keystone, South Dakota Kelly Inn, Billings, Montana Kelly Inn, Fargo, North Dakota Kelly Inn, Spearfish, South Dakota Kelly Inn, Bismarck, North Dakota Kelly Inn, Casper, Wyoming Oasis Inn, Oacoma, South Dakota TOTAL 7.5 7 NUMBER OF ROOMS 228 154 101 151 150 223 219 I24 185 100 175 29 126 42 44 88 133 50 102 102 85 2,611 MEETING SPACE 35,000 15,000 5,000 30,000 sq. ft. 25,000 13,000 14,000 5,000 24,000 5,000 161,000 ;t � _ � Community Development Department PL.ANNING DIVISION City of Fridley DATE: March 21, 1991 �� TO: William Burns, City Manager� FROM: SUBJECT: Barbara Dacy, Community Development Director Establish Public Hearing for Proposed Ordinance Amendment Regarding Accessory Apartments Attached is the staff report and the Planning Commission's recommendation to amend the R-1, One Family Dwelling District regulations regarding accessory apartments. Also attached are legal opinions from the City Attorney's office regarding various aspects of this issue. The most recent opinion rendered by the Attorney's office pertains to the definition of a Family. The zoning ordinance requires a public hearing to the City Council regarding text amendments regulations. Therefore, staff recommends th establish April 8, 1991 as the public hearing ordinance amendment issue. BD/dn M-91-202 7.58 be conducted by to the zoning e City Council date for the � _ � . DATE: TO: Community Development Department PI.��NiVING DIVISION City of Fridley March 8, 1991 Planning Coinmission Members FROM: Barbara Dacy, Community Development Director SUBJECT: Proposed Ordinance Amendment Regarding Accessory Apartments Previous Action On November 14, 1990, the Planning Commission directed staff to prepare an ordinance amendment which would permit accessory apartments, but place a number of specific requirements on the operation and function of the apartment. The Planning Commission asked us to investigate with the City Attorney's office whether or not the City could require a license for unrelated individuals only and not a person related by blood or marriage. Attached is the City Attorney's opinion dated December 13, 1990 stating that such a license procedure is possible. Proposed Ordinance The intent of the ordinance is to provide a set of standards and a process to permit an accessory apartment to be created within a single family home so that it would not adversely affect the character of the single family district in which it is located. Changing demographics in our society indicate that household sizes are becoming smaller, but at the same time, available housing is not affordable. Some of these issues have already been exemplified in the testimony before the Planning Commission at the October and November meetings. For example, elderly persons may want to rent out part of their home to an individual in order to be eligible for State assistance. The Human Resources Commission reviewed the proposed ordinance amendment and had a number of recommendations: 1. 2. 3. The number of bedrooms per accessory apartment should be Iimited to one bedroom. The accessory apartment could be rented to no more than two adults, and no more than three occupants. The license may not be issued if there have been a number of substantiated public nuisance complaints within the prior year. 7.5 9 Accessory Apartments March 8, 1991 Page 2 4. The license must be posted in a public place of the residence. The Human Resources Commission also discussed and debated whether or not a special use permit versus a license should be used. Although a special use permit could be required, the license option is recommended. The standards in the ordinance would have to be met, otherwise, the license would not be issued. Also from an administrative standpoint, the license would have to be received on an annual basis. The owner would have to verify each year the number and names of tenants that are occupying the accessory apartment. The commission had inquired if the license would be issued to the owner and the tenant only, and that when the tenant changes, a new license would need to be issued. From an administrative and a consistency standpoint, because we require licenses on an annual basis for other types of rental units, requiring a license for changes of tenancy beyond the annual process would make the administration process more difficult. Also attached is a portion of the existing code on licensing rental properties. It requires posting of the license which was also requested by the Human Resources Commission. The Human Resources Commission also wanted a statement prohibiting issuance of a license if substantial public nuisance complaints have been filed. We are currently checking to see if the section regarding revocation already enables the City to do so. Therefore, we have amended the public hearing notice to include not only the Human Resource Commission's recommendations, but also the City Attorney's. Recommendation The Planning Commission should review the proposed ordinance and make any recommended changes. If approved, the item would be brought to the City Council for public hearing in April 1991. Planning Commiss2on Action The Planning Commission unanimously recommended proposed ordinance amendment with minor changes public hearing ad reflects those changes. Minutes Planning Commission meetings have been attached. BD/dn M-91-167 %�.fi� approval of the . The enclosed from all of the 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, April 8, 1991 at 7:30 p.m. for the purpose of: Amending Chapter 205 of the Fridley City Code, entitled "Zoning", by amending Sections 205.03, "Definitions", and Section 205.07, "R- 1, One Family Dwelling District Regulations", as follows: Section 205.03. DEFINITIONS 205.03.01 Accessorv Apartment. A dwellina unit that is contained within the structure of a one family dwelling and cl.early subordinate to the principal use of the structure as a one family dwellina. 205.03.23 Dwelling, Multiple. A building or portion thereof designed for occupancy by two (2) or more families living independently of each other.-in separate dwelling units. 205.03.24 Dwelling, One-Family. A detached building designed exclusively for occupancy by one (1) family. 205.03.25 Dwelling, Two-Family. A building designed exclusively for occupancy by two (2) families living independent of each other:and containing two (2) dwellina units. 205.03.26 Dwelling Unit. �a��=-�=_n-�-��e��tg-e�e��e�e- i�e�e�e�e�e�rt--�-�a-�g ° � -- � , � � � � °� M , , , , ne or more rooms connected together. but which are separated from any other dwelling unit in the same buildinq, which rooms constitute a separateL independent unit with cookina and bathroom facilities and areas for livinq and sleepin,g, and used for residential purposes. 205.07. R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. 7.61 The following are principal uses in R-1 Districts: (2) Single family attached development as per conditians under Section 205.11 of this Code. B. Accessory Uses. (4) The following are accessory uses in R-1 Districts: � Accessory apartments subiect to the followina standards• � Accessory apartments shall be located in single family dwellings onlv; ,� The one family dwellin�a must be owner occu ied with the awner residin in either the �rimar,y or accessory unit on _a continuous basis except for temporarv absences. There shall be no separate ownership of the accessory abartment; � No more than one accessory apartment per one family dwelling is permitted; � The accessory apartment must comply with apnlicable buildinq, fire electrical, plumbinq, heatinq, and related codes of the City; � If a separate entrance is provided to the accessory a�artment, it shall be located on the side or rear of the house; exterior stairways shall not be allowed unless required by the Uniform Fire Codet � There shall be no substantial exterior architectural changes to the home such that the home appears to be a two familv entrances on the front of the one familv dwelling, se.parate water and sewer connections; � The floor area of the accessory apartment cannot eaual or exceed the floor area of the primary living area of the dwellina: � If the accessory apartment is to be rented to an individual not related to the owner, the owner is required to obtain a license from the Citv as reauired in 5ection %.62 220.13 of the City Code; � Adequate off-street parking shall be provided for both units with such parking to be in a garage, carport, or on a gaved area; 10 There shall be no more than one (11 bedroom within the accessorv apartment; 11 The maximum number of occupants of the accessorv apartment shall not exceed two adults , and no more than three occubants . 12 Any accessory apartment within a one in compliance with the standards outlined above. The accessory aaartment shall be brought into conformance or the dwellinQ returned to a one family dwellina within three years of the date of the adoption of this ordinance. Amending Chapter 220 of the "Residential Rental Property Maintenance" by amending Section Section 220.13 LICENSING 220.13.01 Requirement. Fridley City Code, entitled and Condominium Comman Area 220.13, "Licensing", as follows: To allow for a systematic enforcement of this Chapter upon residential rental property, and condominiums, no person shall operate a residential rental property, and condaminiums without first having obtained a license to do so from the City as hereinafter provided. In the case of rental of an accessorv apartment licenses are rectuired only if the a.partment is to be rented to individuals unrelated by blood or marriaqe to the owner License renewals shall be filed at least 30 days prior to the license expiration date. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLTAM J. NEE MAYOR Publish: March 27, 1991 April 3, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 7.63 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 13, 1991 ......« ..............................................................................................................................»...................,..............,....,......,.»...... CALL TO ORDER: Chairperson Betzold called the March 13, 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Don Betzold, Dean Saba, Sue Sherek, Diane Savage, Connie Modig, Brad Sielaff Dave Kondrick Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Tim Ring, Marquette Bank C. Gudmundson, Milestone Hotel Investments, Inc. Les and Marie Linngren, 533 - 53 1/2 Avenue N.E. Betti Ledermann, 548 - 53 1/2 Avenue N.E. Roger Stene, 870 Pandora Drive Tom and Pam Olin, 136 River Edge Way APPROVAL OF FEBRUARY 20 1991 PLANNING COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Saba, to approve the February 20, 1991, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYB, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING" BY AMENDING SECTIONS 205.03 "DEFINITIONS" AND SECTION 205 07 "R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS" (ACCESSORY APARTMENTS) MOTION by Ms. Modig, seconded by Mr. Sielaff, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. Dacy stated that in October and November 1990, the Planning Commission had reviewed and considered an ordinance amendment to amend the zoning ordinance in the R-1 district to prevent the renting of any part of a single family home to 7.64 PLANNING COMMISSION MEETING. MARCH 13, 1991 PAGE 2 any individual, related or unrelated. The Planning Commission heard testimony at both those meetings regarding how that proposed ordinance amendment would impact particular situations. That ordinance amendment was proposed by the City Council who had a number of concerns about single family homes being illegally converted into two family homes. The Council was also concerned that the guest room provision, which is now allowed in the R-1 ordinance, was being abused; and that parts of single family hames were being rented out as apartments. Ms. Dacy stated that based on the testimony heard at the October and November Planning Commission meetings, the Planning ComYnission asked staff to ask the City Attorney if the City could require a license if a person is unrelated to the individual who lives in the home. In other words, permit an accessory apartment to be created within a single family home, but place a nuiaber of restrictions on it that would maintain the intent and character of the single family home itself. Ms. Dacy stated staff has done that and is now proposing another ordinance amendment. The first thing they did was to create a definition for an "accessory apartment", which is: "A dwelling unit that is contained within the structure of a one family dwelling and is clearly subordinate to the principal use of the structure of a one family dwelling." Ms. Dacy stated staff is also proposing some minor amendments to other existing definitions in the ordinance regarding a dwelling unit, a two family dwelling unit, and a multiple family dwelling unit. What is proposed is that as an accessory use, an accessory apartment would be perYaitted, but it would be subject to 12 proposed standards: (1) Accessory apartments shall be located in single family dwellings only; (2) The one family dwelling must be owner occupied with the owner residing in either the primary or accessory unit on a continuous basis except for temporary absences. There shall be no separate ownership of the accessory apartment; (3) No more than one accessory apartment per one family dwelling is permitted; (4) The accessory apartment must comply with applicable building, fire, electrical, plumbing, heating, and related codes of the City; 7.65 PLANNING COMMISSION MEETING. MARCA 13, 1991 PAGS 3 (5) If a separate entrance is provided to the accessory apartment, it shall be located on the side or rear of the house; exterior stairways shall not be allowed unless required by the Uniform Fire Code; (6j There shall be no substantial exterior architectural changes to the home such that the home appears to be a two family dwelling including, but not limited to, separate curb/driveway entrances, separate entrances on the front of the one fa�ily dwelling, separate water and sewer connections; (7) The floor area of the accessary apartment cannot equal or exceed the floor area of the primary living area of the dwelling; (8j If the accessory apartment is to be rented to an individual not related to the owner, the owner is required to obtain a license from the City as required in Section 220.13 of the City Code; (Ms. Dacy stated the City Attorney, Virgil Herrick, has written a memo dated December 13, 1990, in which he states that a license procedure is possible.) (9) Adequate off-street parking shall be provided for both units with such parking to be in a garage, carport, or on a paved area; (10) There shall be no more than one (1) bedroom within the accessory apartment; (11) The maximwn number of occupants of the accessory apartment shall not exceed two adults, and no more than three occupants. (12) Any accessory apartment within a one family dwelling that is in existence at the time of the adoption of this ordinance shall be deemed conforming if it is in compliance with the standards outlined above. Ms. Dacy stated staff is also proposing amending the Licensing Ordinance of the City, which is not part of the Zoning Ordinance, to state that in the case of a rental of an accessory apartment, licenses are required if the apartment is to be rented to individuals not related by blood or marriage. Ms. Dacy stated that the Human Resources Commission reviewed this proposed ordinance amendment at their March 7, 1991, meeting and they made the following recommendations: 7.66 PLANNING COMMISSION MEETING, MARCH 13, 2991 PAGE 4 1. The number of bedrooms per accessory apartment shouZd be limited to one bedroom. 2. The accessory apartment could not be rented to more than two adults, and no more than three occupants. 3. The license may not be issued if there have been a number of substantiated public nuisance complaints within the prior year. 4. The license must be posted in a public place of the residence. Ms. Dacy stated most of these changes have been incorporated into the proposed ordinance. Staff is stiZl investigating with the attorney's office whether or not there is enough language in the licensing ardinance to cover the issue of: If there have been a number of public nuisance complaints, would that be a basis for suspension of the license? Ms. Dacy stated that based on the Human Resources Commission's amendments, staff finds that the proposed amendments address the concerns the City Council had af trying to maintain the single family character of the home and the neighborhood, yet at the same time allowing single family owners the ability to have accessory apartments within their households if they do need to rent to unrelated individual or if other circumstances arise that dictate this type of living arrangement. Ms. Dacy stated that if the Planning Commission recommends approval of the proposed ordinance amendment, it will go to the City Council for a public hearing in April. Mr. Les Linngren, 533 - 53 1/2 Avenue N.E., stated he has no problems with the proposed ordinance and wvuld be in favor of it. He stated he and his family currently have a home next door to them that has been divided into two apartments. The home is not owner-occupied and both apartments are rented out. It is a nuisance, because there are always a number of cars parked on the street, patio, and garage--sometimes up to seven cars at one time. Exterior changes have been made to the structure since it was divided. A kind of "lean-to" addition was put on the front to shelter the front door to the basement apartment. Mr. Linngren stated he is concerned because this single family home should never have been converted to a rental property for two families. The neighborhood is zoned R-1, Single Family Dwelling. Tf this ordinance is approved by the Council, how will this particular situation change and how will the homeowners comply with the new ordinance? 7.6% PLANNING COMMISSION MEETING. MARCH 13, 1991 PAGE 5 Ms. Dacy stated the City's Code Enforcement Officer, Steve Barg, has worked with the owners of that home to establish a time line to convert the premises back to single family. Not knowing how this ordinance amendment process would go, staff told Tom and Pam Olin that the City would keep them apprised of this ordinance. As this ordinance is written and proposed as compared to the existing situation, the Olins would not be in co�pliance, because the owner does not live in the home. As to the other issues, the size of each of the living area and the off-street parking situation would have to be investigated further. Ms. Dacy stated the other issue that is not specifically addressed, but is referred to in standard #12 in the proposed ordinance, is the nonconformity issue. The first ordinance had an abatement time of three years for nonconforming situations to convert to conforming situations. The Planning Commission might want to discuss this issue. The way it is proposed in the ordinance amendment is very general. Mr. Linngren stated he would urge the Planning Commission to discuss this also and establish an abatement time for converting to conforming situations. He would also like the Planning Coinmission to look at the number of vehicles that are allowed. Some of these cars are not even street operable. Ms. Dacy stated there are no current restrictions as to the number of cars allowed per single family lot. A lot of communities have debated that issue, but so far the City of Fridley has not. Mr. Betzold stated it might be better to discuss the issue of the number of cars separately from this ordinance amendment, because it is not strictly related to these types of accessory apartments and could be a problem for other situations. Mr. Tom Olin, 136 River Edge Way, stated he is the owner of the home (541 - 53 1/2 Avenue N.E.) next to Mr. Linngren. He stated his biggest argument is that they have never tried to hide anything. They licensed the apartments through the Fire Department. They spent over $3,000 bringing the structure up to code as two rental units. The electrical, plumbing, and building inspector were out to make sure everything was up to code. Ms. Pam Olin, 136 River Edge Way, stated the City was well aware that they were not living in the home at the time they made all the improvements. Ms. Dacy stated that, unfortunately, until last year rental licenses were just checked by the Fire Inspector. When a rental license came in for a single family home, the Fire 7.6$ PLANNING COMMISSION MEETING, MARCH 13, 1991 PAGE 6 Inspector was not responsible for enforcing the 2oning ordinance and was not aware of the rules pertaining to the R- Z district. In the case of Mr. and Mrs. Olin, they did receive a rental license and building permits to make these improvements. There have been other instances in the R-1 district in the City where the City has issued a rental license. The City acknowledges that fact, but that process has now been changed and the Community Development Department now reviews all license applications. Again, this is the nonconforming issue, and the Commission might want to discuss estabZishing a time period to convert back to a single family dwelling. Mr. Olin asked that i� the proposed ordinance is passed by the City Council, would he be able to rent the home out as a single family dwelling? Mr. Betzold stated, yes, he could. Ms. Betty Ledermann, 548 - 53 1/2 Avenue N.E., asked how the public was notified of this public hearing. Ms. Dacy stated the ordinance amendments are always published in the Fridley Focus which is the City's official publication. When this particular process was started last October, the City notified the people who were directly aftected by this proposed ordinance amendment. They notified the property owners of 8-9 homes that are in violation. Tt is hard for the City to know where there are other situations, so, hopefully, the public does read the public hearing notices in the Fridley Focus. At the October and November meetings, people who had read about the public hearings in the Focus came to the meetings and made comments. Mr. Betzold stated these public hearings were published rather extensively in the Focus. He also wrote a very lengthy letter to the editor regarding this subject. Ms. Ledermann stated she is very upset that the property owners were notified of the pubiic hearings, but yet other people in the neighborhood who are also directly affected by this ordinance amendment are not notified and must read it in the paper. Mr. Roger Stene, 870 Pandora Drive N.E., stated he was at one of the previous publi.c hearings before the Planning Commission and had stated his particular situation. He stated he has read the revised ordinance amendment, and he is very satisfied with it. He stated it is very well written. 7.69 PLANNING COMMISSION MEETING. MARCH 13, 1991 PAGE 7 Mr. Tom Olin stated that he has constructed an enclosure over the lower unit apartment doorway. If this ordinance amendment passes, will he have to remove that addition? Ms. Dacy stated that if this ordinance amendment passes, each case will have to be analyzed on an individual basis. Mr. Les Linngren stated obviously Mr. Olin was contacted about the public hearing because his buildinq is affected; but the whole neighborhood is affected by what he is doing. He has turned a single family dwelling into a multiple dwelling in a residential neighborhood that has been residential for 30 years. The neighborhood should also have some say so about what goes on in their neighborhood. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL DOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRILD AND THE PIIBLIC HEARING CLOSED AT 8:15 P.M. Mr. Saba stated staff has done a very good job in addressing the concerns and issues brought up at the last Planning Commission meeting. Ms. Sherek stated she would support the ordinance amendment, but there should be a stipulation added that addresses a time limit to bring nonconforming accessory apartments into compliance. She thought that because of the City's error in allowing people to license their homes as duplexes and because some people have spent substantial amounts of money to bring their homes into compliance with fire and building codes, three years is not an unreasonable time period to convert the home back to a single family dwelling. Ms. Sherek asked if there is existing language in the ordinance which addresses those people who have been renting illegal accessory apartments that are unlicensed accessory apartments and come to the attention of the City staff in the future, say four years after the adoption of this ordinance. Are those violators also given 3 years after they are discovered to bring the home into compliance? She did not think that someone who has been illegally conducting a rental situation is entitled to three years to conform. Ms. Dacy stated that if an illegal situation exists four years after the adoption of the ordinance, staff would not give the property owner three years to conform. Staff would declare it a violation and have it corrected as soon as possible. 7.7� PLANNING COMMISSION MEBTING, MARCH 13, 1991 PAGE 8 MOTION by Mr. Saba, seconded by Ms. Sherek, to recommend to City Council approval of amending Chapter 205 of the Fridley City Code entitled "Zoning" by amending Sections 205.03, "Definitions", and Section 205.07, "R-1, One Family Dwelling District Regulations" (Accessory Apartments), subject to the following standards: (1) Accessory apartments shall be located in single family dwellings only; (2) The one family dwelling must be owner occupied with the owner residing in either the primary or accessory unit on a continuous basis except for temporary absences. There shall be no separate ownership of the accessory apartment; (3) No more than one accessory apartment per one famil.y dwelling is permitted; (4) The accessory apartment must comply with applicable building, fire, electrical, plumbing, heating, and related codes of the City; (5) If a separate entrance is provided to the accessory apartment, it sha21 be located on the side or rear of the house; exterior stairways shall not be allowed unless required by the Uniform Fire Code; (6) There shalZ be no substantial exterior architectural changes to the home such that the home appears to be a two family dwelling including, but not limited to, separate curb/driveway entrances, separate entrances on the front of the one family dwelling, separate water and sewer connections; (7) The floor area of the accessory apartment cannot equal or exceed the floor area of the primary living area of the dwelling; (8) If the accessory apartment is to be rented to an individual not related to the owner, the owner is required to obtain a license from the City as required in Section 220.13 of the City Code; (9) Adequate off-street parking shall be provided for both units with such parking to be in a garage, carport, or on a paved area; (10) There shall be no more than one (1) bedroom within the accessory apartment; %.% � PLANNING_COMMISSION MEETING. MARCH 13, 1991 PAGE 9 (11) The maximum number of occupants of the accessory apartment shall not exceed two adults, and no �ore than three occupants. (12) Any accessory apartment within a one family dwelling that is in existence at the time of the adoption of this ordinance shall be deemed nonconforming if it is not in compliance with the standards outlined above. The accessory apartment shall be brought into conformance or the dwelling returned to a one family dwelling within three years of the date of the adoption of the ordinance. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BBTZOLD DECLARED THE MOTION CARRIBD IINANIMOIISLY. Ms. Dacy stated a public hearing will be held at the City Council on April 8, 1991. 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT P.S. �91-01. BY MILESTONE HOTEL INVESTMENTS INC TO REPLAT PART OF_LOTS 1, 2, 3, 4, AND 5. AUDITOR'S SUBDIVISION NO. 153 TO BE DESCRIBED AS LOTS 1 AND 2 BLOCK 1 5KYWOOD MALL ADDITION GENERALLY LACATED AT 5201 - 5275 CENTRAL AVENUE N.E.: MOTION by Ms. Savage, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPLRSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARINC OPEN AT 8:20 P.M. Ms. McPherson stated the property is zoned C-3, General Shopping Center District, with additional C-3 zoning to the north; C-1, Local Business zoning, to the south; and R-1, Single Family Dwelling zoning, to the east. Ms. McPherson stated this proposal is to create a lot line which will split the parcel into two pieces, allowing the hotel to be sold independently of the retail portion of the mall. The lot line is proposed to follow along the fire wall which separates the two buildings. The line has been drawn such that it follows the face of the old building (retail mal.l) . Ms. McPherson stated that in 1983, the City sold industrial revenue bonds to finance the remodeling of the mall and the construction of the hotel. As a condition of that sale, several stipulations regarding general site improvements including landscaping, curbing, paving, etc., were added as part of the approval. In 1985, a sign variance was granted %.%2 �i��iid11�11�1��1Jl.111 �L S'!JS��9��iid�:]..i v � A'I"1'ORNEYS AT LA�'�T Virgil C. Herrick James �►. Hoeft M E M O R A N D U M Gregg V. Herrick Of Counsel David P. Newman TO: Barbara Dacy, Community Development irector FROM: Virgil Herrick, City Attorney ;JJ�G�"." DATE: March 19, 1991 RE: Interpretation of the Definition of a Family This memorandum is in response to your request dated March ].4, 1991 regarding the above subject. In your memorandum you indicated that Councilman Biilings asked for our opinion as to whether two hypothetical situations that he posed would be consistent with our definition of °family" as used in our City Code. Before responding to the two hypotheticals, I refer you my memorandum dated December 13, 1990 regarding mother-in-law apartments. In that memorandum, and in an earlier memorandum to on the same sub�ect, I indicated that the United States Supreme Court held that zoning ordinances restricting the number of unrelated persons who may live together in a residential zone are not in violation of the 14th Amendment. I also indicated that there is a substantial split on this question among various state courts. I finally indicated that there is no Minnesota Supreme Court case determining the constitutionality of an ordinance that restricts the number of unrelated persons who may live together. Nor am I aware �f any Minnesota Supreme Court case that has considered the validity of a definition of "family" as applied to fact situations similar to those in the hypothetical. Councilman Billings' first hypothetical is as follows: "l.The parents of three brothers die unexpectedly. The three brothers inherit the single family home. In order to make ends meet, the brothers decide to rent to four unrelated individuals. There are now seven people living within the home; three are related, four are not. Does this violate the definition of a Family?" I would be of the opinion that the facts in this case would be in violation of the Fridley Ordinance. Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 7.73 Memo to Barb Dacy March 19, 1991 Page 2 In a New Jersey case, Berlin v. Christiansen 89 NJ Super 543, 215 A2d 593, the court found the owner of a single family home guilty of violating a zoning ordinance that limited the use of the property to a"single-family dwelling," where the owner occupied a bedroom on the lowest level and rented three bedrooms on the upper level to friends and their three children. The court stated that the use as a single-family residence was proper if the family use was the principal use, and the rental use was merely incidental. However, the court concluded, the rental use in the instant case outweighed the family use, not only because the friends were more numerous, but also because they occupied a greater portion of the dwelling. And more decisively, the court said, the payment of a fair market rent in the normal landlord- tenant relationship caused the use to be principally a rental use and only incidentally an everyday family use. In the case of Henrietta v. Fairchild 53 Misc. 2d 852, 279 NYS2d 992, the court held that a zoning ordinance permitting single- family dwelling use in residential districts precluded use of a single-family house by the owner and three to seven persons not related except for one who was the owner's brother, and enjoined such use of the property. The court rejected the owner's argument that he and his associated group constituted a single-family, and concluded the owner's actual status or service was similar to a boardinghouse keeper, notwithstanding the ingenious form of economic arrangement. The above hypothetical might also violate the Fridley City Code provision that limits rental to two roomers. Councilman Billings' second hypothetical is as follows: "2. A man and a woman are living together in a single-family home out of wedlock. The man has two children, and the woman has three children. A total of six people live within the single-family home. Does this violate the definition of a Family?" I am of the opinion that the facts in this situation would not violate the Fridley definition �f "family." In Takoma Park v. Count Board of Appeals, 259 Md 619, 270 A2d 772, the Maryland court held that the malz awner of a house and a woman friend and her two children who occupied the home with him were a family within the meaning of a zoning ordinance that defined family as "an individual, or two or more persons related by blood or marriage, or a group of not more than five persons not related by blood or marriage, living together as a single housekeeping group. 7.74 Memo to Barb Dacy March 19, 1991 Page 3 In the case of Peo le v. Skidmore, 69 Misc. 2d 320, 329 NYS2d 881, a New York court dismissed a prosection for violation of a zoning ordinance brought against two unrelated adults who occupied a single-tamily dwelling with their children, one of the defendants having three children and the other having four children. In this case, the municipality had a provision in its zoning code that more than five persons, exclusive of issue and domestic servants, not related by blood, marriage or adoption, shall not be considered to constitute one family. The court pointed out that the ordinance specifically provided for the exclusion of issue in measuring one family, and concluded that there were merely two individuals, who had, for economic or other reasons, joined forces in occupying a one-family dwelling as a family unit. Depending on the desire of the Council, we may wish io redefine our defimition of "family" to be more specific regarding similar facts to those contained in the hypothetical questions. VCH:ldb 7.75 22U.13.5 B. Every dWelling unit within a dwelling or condominium shall be provided With a smoke detector, detecting products of combustio n other than heat� and conforming to the requirements of the Underwriters Laboratories or approved by the International Conference of Building Officials. �hen actuated, the detector shall provide an alarm in the dxelling unit. 3. Fire Protectioa System. All fixed and portable fire protection systems and applianees must be accessible and maintained for immediate emergeney use. 4. Prohibiting Inside Connection of External Appliances. it shall be unlaWful for an owner of a residentia� rental property or condominium to allox electrical drop cords� extension cords or any eleetrical Wire to run from any electrical outlet from inside the drrel ling or dwelling unit for service to an electrical appliance outside of the dWelling or d�elling unit. 220.13• LICENSII�IG 1. Requirement. To allow for a systematic enforcement of this Chapter upon residential rental property and condominiums, no person shall operate a residential rental property or condominium Without first having obtained a lieense to do so from the City as hereinafter provided. License reneWals shall be filed at �east 30 days prior to the license expiration date. 2. Conformance. No operating license shall be issued or reneWed unless the residential rental property or condominium conforms to the ordinances of the City and the laWS of the State of l�linnesota. 3. Fees. The annual license fee and expiration date shall be as provided in Chapter 11 of the City Code. 4. Owner or Agent to Apply. License application or renewal shall be made by the oWner or the oxner's agent. Application forms may be acquired from and subsequently filed with the City. 5. Agent Required. No operating license shall be issued to an oWner vho does not reside in either Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or Washingto n County unless the oWner designates in Writing, to the City, the name of an agent Who resides in either Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or Licensing 7.%6 220-13 EXISTING LICENSING ORDINANCE 220.14.1 Washington County. The designated agent shall be responsible for maintenanee and upkeep; legally constituted and empowered to receive any notification of City ordinance violations; authorized to institute remedial action to effect such orders; and accept all service or process pursuant to laW. This requirement may be Kaived if, in the City's determinatioa� the oWner not living in one of the aforementioned counties, is nonetheless sufficiently accessible for the purposes of this Chapter. The City shall be notified in Writing oP any change of agent. . 6. Inspection. No operating license shall be issued or reneKed unless the oWner agrees in the application to permit inspeetions pursuant to Sectio n 220.14 of thls Chapter. 7. Posting of License. Every Iicensee shall cause to be conspicuously posted in the main entry �ay • of the dwelling, or other conspicuous location therein, the current license for the dWelling. S. Transferability. No operating license shall be transferable. Every person holding an operating license shall give notice in Kriting to the City Within f ive (5) business days after having legally conveyed ar otherwise disposed of the legal control of any licensed property. Sueh notice shall include the name and address of the person sueceeding to the ow nership or control of such residentia2 rental property or eondominium. g. Suspension or Revocation. Every operating license issued under the provisions of this Chapter is subject to suspension or revocatio n by the City Council should the licensee or the duly authorized agent fail to operate or maintain the licensed residential rental property or condominium therein consistent With the provisions of the codes of the City and the laWS of the State of Minnesota. In the event Lhat an operating license is suspended or revoked by the City Council for just cause, it shall be unlaxful for the oxner or duly authorized agent to thereafter permit any neW occupancies of vacant or thereafter vacated dWellings or dWelling units until such time as a valid operating license may be restored by the City Council. 220.14. ADMINISTRATION 1. Enforcement. � � The City Manager and/or the City Manager's designated agent shall administer and enforce the provisions of this Chapter and is/are herebq authorized to cause inspections on a scheduled basis and/or When reason exists to believe that a violation of this Chapter has been or is being committed. 7.77 220-14 � � � Administration i F R ; Virgil C. Herrick James D. Hoeft (;regg V. Herrick Of Counsel David P. Newman TO: FROM: DATE: RE: tLJ��ll 01��YJ1►11 �Y�L S V� V\�7i`' �� ATTORNEYS AT LAW MEMORANDUM t Barb Dacy ' � I;; {_, Virgil C. Herrick n�i✓"� December 13, 1990 Mother-In-Law Apartment Ordinance Amendment This Memorandum is in response to your Memorandum of December 4, 1990. I have reviewed your memo and the attached minutes of the planning commission meeting of November 14, 1990. As I interpret your Memorandum and the minutes the planning commission has asked the question whether the City can allow a homeowner to rent to related individuals without a Iicense while requiring a homeowner to obtain a license if they rent to non-related individuals. I have researched that question and cannot find any authority on that issue. The legal question revolves around whether there is a rational basis to distinguish between renting to related individuals and renting to non-related individuals. It there were a challenge to this type of ordinance it probably would be under the equal protection clause of the United States or state constitution. Those clauses require that it there is to be a different treatment for related and unrelated individuals that there has to be a valid distinction. As I indicated I have not been able to find any cases directly in point. The question being asked is somewhat similar to a question that was asked in your Memorandum dated November 30, 1989. I responded to those questions in a Memorandum directed to Jock Robertson, Steve Barg and yourself on December 12, 1989. In that Memorandum the question was asked whether a city can limit the number of unrelated individuals through the definition of "family". I stated that the United States Supreme Court in the case of Belle Terre v. Boraas, decided in 1974, held that zoning ordinances having the effect of restricting the number of unrelated persons who may live together in a residential zone are not in violation of the 14th amendment regarding equal 7.%8 Suite ?U5, 6401 C�niversity Avenue N.E., Fridley, Minnesota 55432, 612-57i-38�0 MEMORANDM Barbara Dacy December 13, 1990 Page -2- protection. I went on to state that some states have followed the United States Supreme Court decision while others have held that under their own state constitutions that this was unconstitutional as a violation of their state constitution's equal protection clause. I further stated that the State of Minnesota has not ruled on that issue. I believe that a rational argument could be made to the court, if an ordinance requiring licenses for unrelated individuals were adopted. The City could state that it has a policy of allowing homeowners to provide rooms or apartments in their residence for related individuals; and that the policy goal is to permit homeowners to provide shelter to people who are related to the homeowner by blood or marriage. Conversely the City could adopt a policy that would state that it wishes to restrict the rental of apartments in single family residential areas to people not related to the family where the purpose of the rental would be for economic considerations. We could further argue that the United States Supreme Court has recognized a distinction between related and unrelated individuals in that they have authorized a numerical limitation on the number of unrelated people that can live in a single family home while not authorizing a similar numerical limitation for the number of related people that can live in a single family home. Whether these arguments would be successful it is impossible to say with any great certainty. As planning commission member Savage stated, "What is legally discriminatory is what the court says is legally discriminatory." I do, however, feel that if the planning commission wishes to make this recommendation to the council that we could make a rational argument to de�end it. VCH/lal 7.79 � F y z � � a � � a O N � W U V � � z H H � H X W w w a � s� o � �+ o a� .� 3 s°a a " a.�-� �-�i a, +�i a1 � A A b�� GI � H � � q ,-1 C � U 'Cf i0 > � O O 3 > � � � G > 3� � � W � 1s N I� at +1 .-I C O C1 4! 1r �0 �•i R7 C. �.' 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O � � w U U � t7 z H E� N H x W m � «� � a >� �� w �� wd 3o m r� � �o � � N 41 'd � W i� C W � a� am -� a � '� �n a � � d C G+ O O IA a-- � b � d� >y� .-1 3 � d «i U a�+ m� 0 0 a � N N � 7.81 � id a U m d u � � 0 � 30 E m � a U m N L1 � � O � gO E � � U d C 0 � 1 �� O O 3 1� O 3 m� � � U id 7�+ N N � 'O 47 o � -'+ wmm wtr,i � o � �s � i � ,-, � +� � as -�+ ��a�x O O -ri W U - 3 � A. ?. +� O q atw� ..yyb � � ��a � mw U � U� � � •� SaNCI WC �b�v > a o -� .-+ -�+ � a� ri.mmwos� w O � � rd N �� N U � rt � x U 7'f i1 � a� 3+ .-t 10 ri a �a � m 0 w � w d � m m -� m z° w� \ m � O 1� � d 1� .�1 � � � � o � � �n a � c .0 w -.� a �ro d O �-�I Q U CL d � IA O O i0 z o oa \ �-I O t�0 N � �� .-� �O U � m � d > +� ot 01 -.�i e�0 O 'd i0 O .-t � .-I ULL O�d 00 �-°,� zu v.a �, 0 O � W � o� �� tl a s�+ �� d b U N A �+ � � �.i � � 'd� ON O O rl •.a U U fa� tA PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 24, 1990 at 7:30 p.m. for the purpose of: Amending Chapter 205 of the Fridley City Code, entitled "Zoning", by amending Sections 205.03, "Definitions", and Section 205.07, "R-1, One Family Dwelling District Regulations", as follows: Section 205.03. DEFINITIONS 205.03.23 Dwelling, Multiple. A building or portion thereof designed for occupancy by two (2) or more families living independently of each other.-in separate dwelling units. 205.03.24 Dwelling, One-Family. A detached building designed exclusively for occupancy by one (1) family.-and containinq one L1) dwellina unit_ 205.03.25 Dwelling, Two-Family. A building designed exclusively for occupancy by two (2) families living independent of each other.-and containinq two (2) dwelling units. 205.03.26 Dwelling Unit. � '�r�—ro-�,e�te-- '�—e�—�te� , , . , . ne or more rooms connected together but which are separated from any other dwellinq unit in the same building which rooms constitute a separate independent unit with cookinct and bathroom facilities and areas for livincr and sleeping and used for residential purposes. 205.07. R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. 7.82 ORtGINAL ORDINANCE The following are principal uses in R-1 Districts: (1) One-family dwellings.—which mav be occupied bv the owner or mav be rented to one familv. (2) Single family attached development as per conditions under Section 205.11 of this Code. 205.07.02 USES EXCLUDED A. Any use allowed or excluded in any othe�r district unless specificalZy allowed under Uses Permitted in e€ this district are excluded in R-1 Districts. B. Exce�t as permitted in 205.07.O1.B.14)(d) above no part or portion of any one family dwellinq shall be rented to any aerson or persons. C. Anv one family dwellinq that has a current rental license from the City, shall have three (3) years to amortize the investment in the rental unit; said three (3) year period shall commence on the efiective date of this ordinance. After said three (3) vear period the rental of said unit is prohibited. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: October 10, 1990 October 17, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 7,83 � � cD tn .�r � n � � <D .� ci 0 z � Z C C � 0 � D � N -� O n O Z � � � r .-. � A � 3 w w < e� � LEVEL OF ADMINISTRATIVE EFFORT TO CONTROL ro n 0 � F•- =J' W f'f W O � g..ri7rcb�O N A 1-�• N O►t rC<croo 'i7 ►i d IED \ F'- o�w�o�ar �� mr- w cr w 41 rt o n cr a r- "G �•ID E �t O --�aoa� r�, � cr O h�- O ht O rA 1 � W O fD 'C7 V1 (D � ri tD 'O wrr � KK�� W �+ xrra pi � A� r N N-�O G `-' tt FJ- r'S N lD (� fD a c� �t r � � � o� ��b v N � � � A ri O. Ir- w macta wfiA�� ~ �rimwC N A` �1D ftff`J O 1 O � 1 m� �m a� am n� a �� - � � i�. a r y� oowr oJ<r �� E �O r•�4 o a m r� � a �D ►-- � n ro �mcoa � E � W w w rt K � �D � � b w �e rr � � w N rt ft N b' 7� a aK rt w aw m ar rt aEro K r- m � �� F•- �. � � LOW MEDIUM. H1GH 7.84 SURVEY OF OTHER COMMIINITIES� ACCESSORY OR MOTHER-IN-LAW APARTMENT REGIILATIONS Citv Rec�ulations Brooklyn Park No more than two renters per dwelling as an accessory use. Columbia Heights Coon Rapids Fridley Hopkins Minnetonka New Brighton Richfield Spring Lake Park St. Louis Park White Bear Lake Majority of the city is zoned R-2, Two Family Dwelling. Mother-in-law apartments are permitted in R-2 zone only. Special use permit subject to specific standards. No more than two renters per single family dwelling. No more than two renters as an accessory use. "Accessory apartments" are conditional uses in R-1 districts. No more than two renters, but must share one permanent kitchen. If two kitchens are in place, one must be removed. Duplex permitted as special use permit in R-1 district. Special use permit required to rent a room. No more than two renters; must share kitchen and cooking facilities. Permits as conditional use permit for elderly persons and handicapped individuals only. 7.85 MOTION by Ms. Sherek, hearing. DPON A VOICS VOTE, ALL THE MOTION CARRIED AND by Mr. Saba, to close the public ING AYE, CHAIRPERSON BETZOLD DECLARED PUBI,IC HEARING CLOSED AT 8:10 P.M. Mr. Dahlberg stated that i the petitioner is willing and if the petitioner's attorney agree that it makes sense to execute a hold harmless and indemnification agreement to release the City from any liability, that seems to e the most appropriate for this situation. He stated he th ught it was appropriate to change stipulation #1 to include tha and to omit stipulation #2• MOTION by Ms. Sherek, seconde by Mr. Dahlberg, to recommend to City Council approval of speci 1 use permit, SP #90-17, by Lynn and Christine Hansen, per Secti n 205.24.05.B of the Fridley City Code, to allow an accessory buil ing in the CRP-2 District jFlood Fringe) on Lot 13, Block 4, R ce Creek Plaza North Addition, generally located at 230 Rice reek Boulevard N.E., with the following stipulations: 1. The petitioner shall execute hold harmless and indemnification agreemen to release the City of any liability or damage to t e accessory building or its contents prior to the issu nce of a buiZding permit. 2. Any materials, which include asoline, oil, insecticides, fertilizers, etc., that wo ld pose an environmental hazard when released into the water are prohibited in the accessory building. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to 5, 1990. BETZOLD DECLARED ty Council on November Mr. Dahlberg asked that staff submit the rew itten stipulations as well as the hold harmless and indemnificati n agreements to the petitioner so that they can be reviewed y the petitioner's attorney before the Council meeting. 3. PUBLIC HEARING: CONSIDERATION OF AN ORDINANCE AMENDMENT REGARDING MOTHER-IN-LAW APARTMENTS MOTION by Mr. Kondrick, seconded by Ms. Sherek, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:17 P.M. Ms. Dacy stated that about 1 1/2 years ago, the City Council brought to staff's attention their concern about seeing a number %�. 8 6 PLANNING COMMISSION MEETINd, OCTOBER 24. 1990 PAGE_9 of advertisements for "apartment units" for rent in local newspapers as well as the Minneapolis Star Tribune. A number of these situations occurred in single family zoned areas. What the general planning world has called a"mother-in-law" apartment, means "an area of a single family home where a living area exists, a bedroom, bath, kitchen, which is used for a blood related individual". Unfortunately, after the mother-in-law leaves, sometimes these types of areas within homes have either been rented out to individuals not related, or more improvements to the home have been made which has separated that living area more from the main living area of the home. Ms. Dacy stated that also during the last 1 1/2 years, the Council has asked staff to analyze the City's licensing procedure for rental units. Until just recently, staff has determined that rental licenses have been issued to persons owning single family property for rental of a portion of their homes which are, in fact, zoned for single family use. The City was actually authorizing a two family dwelling/duplex in a single family zone. Until recently, the Fire Department was responsible for issuing the licenses, and there were no zoning checks by the Community Development Department. That procedure has since been amended. Ms. Dacy stated that through a review of past iiles, staff has determined about 10 situations in the City where the City has consistently for 3-4 years issued a rental license to create another unit within a single family home within a single family zoned district. Ms. Dacy stated the purpose of the proposed ordinance amendment is to strengthen the City's existing policies regarding this type of situation. Right now, a"mother-in-law" apartment is not permitted; that is, they cannot have a two famil.y dwelling in a single family area. The ordinance amendment proposes additional language to say that a part of a living area cannot be rented to any other individual. It does not discriminate between blood related individual or a non-related individual. Ms. Dacy reviewed the existing code provisions: 1. Guest rooms may be rented to no more than two persons, provided that no kitchen facilities are provided. This is a permitted accessory use in the R-1 district. 2. The definition of a"family" permits up to five unrelated individuals within a single family home, and an unlimited number of persons related by blood or marriage. For example, they could have three students and two nurses living in a single family home renting as one unit. In that case, that would be an absentee landlord. %�. $ % PLANNING COMMI88ION MSETING, OCTOB$R 24, 1990 PAGE 10 3. The City has currently been enforcing its informal "door" policy. They have required that ane of the doors separating two living areas must be removed. By removing the door, free access is provided between the two living areas; therefore, an argument cannot made that the door provides separation between the two areas. 4. There are existing single family homes in the City which have two kitchens but are not renting rooms. 5. Early in the 1970's, the City did allow those structures to be constructed under a special use permit. This ordinance amendment would not affect those homes. However, for those units that have been issued a rental license to operate more or less as a two family unit or a duplex, there is a section in the proposed ordinance which would require the amortization of that use within three years. Ms. Dacy stated the proposed ordinance language amends the definition of a one family and two family dwelling. In the permitted use section, it states that they cannot rent any part or portions of a unit to any other member. Again, it does not distinguish between blood relation or non-related individual. And, finally, it does provide for an amortization schedule of three years to have the use revert back to the single family use. Ms. Dacy stated that if the Planning Commission chooses to recommend approval of this zoning ordinance amendment, it would go to the City Council for another public hearing on November 19, 1990. Mr. Betzold asked if there have been complaints from citizens about abuses of too many people living in single family homes in R-1 districts. Ms. Dacy stated, yes, the City's Code Enforcement Officer handles about 3-5 different complaints per year of this nature. Mr. Tay Kersey stated he represents Rodney Billman who owns rental property on ?th Street in Fridley which falls under this category. Mr. Kersey stated it is difficult to come and "argue" against a proposed ordinance that strengthens an existing ordinance and that clarifies that renting another unit in a single family dwelling is an illegal activity. Their particular property was granted building permits that essentially said this type of use was o.k. They have tried to conform with the City whenever asked by the City. They have removed the doors so that one person has total access to the building. .. PLANNING COMMISSION MEETING, OCTOBER 24, 1990 PAGE 11 Mr. KerseY 5 complaints there are with. stated that to write a new ordinance because of 3- a year seemed to be stretching the point. Certainly more important issues in the City that should be dealt Mr. Kersey stated a question he had was whether they would be "grandfathered in" so to speak and that this ordinance amendment would not apply to them. Staff has made it clear they would have three years to comply, but he questioned the legality of that when they were granted licenses to build the units and they have been licensed by the City for a number of years to operate as two �amily dwellings. Mr. Betzold asked Mr. Kersey to address specifically how this ordinance amendment would affect his rental property. Mr. Kersey stated they are forced to comply with the ordinance if it is amended, it would mean that they would suddenly have either 4 or 5 bedroam units they would have to rent either to one family or to five single individuals. He belisved they would have to remove one of the kitchens. Mr. Kersey stated one of the main questions of this whole thing is: What is a family? The City of Fridley says five unrelated individuals. Then he wondered about the situation where there are two brothers and three other persons. Is that five, or does that suddenly become 4, in essence, because two are related? Mr. Kersey handed out an article from the Minneapolis Star Tribune dated October 19, 1990, re: �'Minnetonka rejects plan to limit the de�inition of a family." Minnetonka wrestled with this problem and finally just threw it out because they cannot come up with a deiinition for a"family". He would ask that the Commission wrestle with this problem also. Mr. Kersey stated it is not unusual for Hmong families to have many related individuals living in the home. Mr. Kersey stated he would conclude with one of the statements made by one of the Minnetonka Councilmembers: "It is easy to write an ordinance or write a definition of family. It only gets difficult if you ever have to use it." He sees problems with the enforcement of this type of ordinance, and he would speak against trying to change an existing ordinance or strengthening an existing ordinance to the point where it is going to create more problems, particularly along the lines of the definition of a family. Ms. Sherek asked if it is possible to rezone some of these single family homes that are being used as multiple family dwellings so that they become conforming. 7.89 � PLANNING COMMISSION MEETING, OCTOBER 24, 1990 PAGE 12 Ms. Dacy stated that is an option. The advantage the 7th Street location has is that it backs up to the Village Green complex and another multiple family complex, so that might be a possibility. If there is a duplex in the middle of a R-1 area, then that is probably not an option. Mr. Kersey stated that regarding the rezoning issue, it is unusual to have the high rise across the holding pond and then not have a buffer to the single family units. He would welcome any consideration in this regard. Mr. Betzold stated it is something Mr. Kersey might want to pursue with City staff. Mr. Robert Lange, 189 Logan Parkway, stated he lives near a house that has been occupied by more than one family for many years, and he has not complained. He had a question about the definition of rent. Does rent include any kind of in-kind expenses or forgiving of Iiabilities, rather than monetary reimbursement? Mr. Betzold stated Mr. Lange had a good point. Ms. Dacy stated that up until this point in time, she thought it was the Council's intent that it was the typical rent check, and the point raised by Mr. Lange is one of the issues that will have to be addressed in the enforcement of this ordinance. The other issue is: What happens if the persons renting the home share a11 the expenses? It would be up to the City to prove that the person is paying rent and living under some type of arrangement. Mr. Betzold asked Mr. Lange what he saw as problems as a result of non-family members living in a single family house. Mr. Lange stated it affects the property values of other single family homes in the neighborhood. There is more garbage and more traffic. There are five vehicles for one house instead of the typical two or three. Mr. Roger Stene, 870 Pandora Drive, stated he has a mother-in-law apartment in his home. Presently his mentally ill son occupies this space. He stated this proposed ordinance amendment will have a great impact on his situation. He stated his son has tried other living arrangements--group homes, board and care, Village Green, etc. Mr. Stene stated that after seeing these undesirable living conditions, they signed up for Section 8 housing. However, they found out that most of the Section 8 housing that is available is designed for a 2 bedroom situation, primarily for a single parent with children. The amount of subsidized housing for single males is very limited. So, they approached the Section 8 housing people and asked about putting a mother-in-law apartment in his home. In 7.90 PLANNING COMMISSION MEETING, OCTOBER 24, 1990 PAGE 13 order to do that, he had to make some changes to the home. Because of his son's paranaia which is part of his illness and fear as the result of abuse and being beaten up several times, he also made the house secure with bars on the basement windows. Mr. Stene stated he has done many things to make this apartment comfortable for his son. His son is very happy living there; and as a result, he requires little medication compared to what he was on when he was in other living situations. Mr. Stene stated his son has to live in a separate apartment. If he lives with his father, his social security is cut in half. In order to qualify for the work program at RISE, he must pay rent. Ms. Dacy stated that Mr. Stene is in compliance with the ordinance now, because he is renting to a blood-related individual. However, under the new ordinance, he would not be allowed to rent to his son. Mr. Stene stated his home has been used as a model by Section 8 as an ideal living arrangement for him and his son's type of situation. He stated he does not consider his apartment situation a detriment to the neighborhood. They keep the property up nicely, and there is no extra traffic or cars. Mr. Stene stated that if this ordinance is amended, he would like to see some type of conditional permit for him and other people in similar circumstances. Mr. Betzold stated Mr. Stene and his son's situation is very interesting. He stated this type of situation certainly merits some serious consideration. He told Mr. Stene that his son was very fortunate to have such family involvement. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9:05 P.M. Ms. Sherek stated that when elderly adults have their home occupied by another individual, whether family member or not, and are receiving medical assistance from the State of Minnesota, often they are required to be compensated for the space being occupied in their home. This ordinance amendment would prohibit that. Since it has always been the intent of the City Council to assist people to stay in their homes, this amendment seems to be counterproductive. Ms. Sherek stated a window should be left open when these types of situations exist, and maybe the answer is a special use permit. 7.91 € a PLANNING COMMISSION MEETING, OCTOBER 24. 1990 PAGE 14 Ms. Dacy stated the other aption is that if the ordinance is created to permit mother-in-law apartments by special use permits, there are standards that can be imposed such as: (i) The unit be owner-occupied; (2) Some type of restriction be recorded at the County that the special use permit is for a specific type of situation; (3) Standards could be put on the special use permit that would regulate any exterior improvements to the house, limit the number of cars, etc. Ms. Dacy stated that at this time, the Commission has two options: 1. They can act on the Mother-in-Law Zoning Ordinance Amendment and send a recommendation to the City Council. 2. If the Commission is not happy with the ordinance amendment, they can recommend that staff rework the ordinance amendment. Ms. Sherek stated she is more comfortable with option #2. She stated she does not like the ordinance amendment. The idea of one family has certainly changed drastically and continues to change. Many older single adults who choose to remain in their home as they grow older are going to need someone living with them. There has to be a window that would permit the non- traditional types of uses. Mr. Betzold stated he is troubled with this whole thing. As far as not being able to rent to any person, he could see people finding a way to get around that. Maybe as long as they have the special use permit option, that won't be as much of a danger. Ms. Modig stated she saw trouble enforcing this kind of ordinance. It is going to be enforced the way it is today through the 3-4 complaints the City receives per year, and those are the people who are not going to adhere to the ordinance anyway. Mr. Dahlberg stated people just won't indicate that they are renting a portion of their home either to a son/daughter, elderly parent, whatever. Mr. Betzold asked what they can do about the situation presented earlier by Mr. Kersey where buildings were built as duplexes, and it will be very difficult to rent or sell those buildings if this ordinance amendment is passed. Ms. Dacy stated that in the split level example where there are three college students on the first level and two nurses on the bottom level, right now the owner receives two rent checks, but if in the future the owner receives one rent check from all five individuals, it would be up to the City to prove that they are not. The property owner has the right to rent out his building. 7.92 PLANNING COMMTSSION MEETING, OCTOBER 24, 1990 PAGE 15 Ms. Sherek stated that in this example, it sounds like the City would rather have a property owner rent to five individuals who will be coming and going with multiple vehicles than they would to have the owner rent to families with one child each. That does not make sense, and this ordinance does not make any sense. Mr. Saba stated he liked the concept of a mother-in-law ordinance that can be enforced, but he did not think this is an enforceable ordinance. However, he did have a problem with single family homes degrading into multiple family rental units. He would like to see staff rewrite the ordinance. Ms. Dacy stated staff has done a lot of research, and she thought staff could come back with a revision at the next meeting. MOTION by discussion apartments meeting. Mr. Kondrick, seconded by Mr. Saba, to table further on the ordinance amendment regarding mother-in-law and request staff to bring back a revision at another UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. Mr. Betzold stated he would like to see more publicity in the newspaper on this subject, and that the people at this meeting be invited to back when this subject is discussed again. 4. PUBLIC HEARING: CONSID RATION Of AN ORDINANCE AMENDMENT FOR LANDSCAPE REOUIREMENTS: MOTION by Mr. Dahlberg, seco ded by Mr. Kondrick, to open the public hearing. UPON A VOICE VOTE, ALL VOTING YE, CIiAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLI HEARING OPEN AT 9:22 P.M. Ms. McPherson stated staff has een working on the proposed landscape ordinance requirements f r about a year. They are now in the process of hoping to adopt e ordinance amendments. The purpose of the amendment is not to 'nclude something new in the ordinance; it is to make the existing requirements fairly explicit to aid staff in evaluating site pl ns, landscape plans, on a consistent, fair, and equitable manner It wili also provide some assistance to those staff inembers who not have training in the landscape architecture to evaluate the andscape plans that come to the City. In addition, the Commissio may be aware that it has been the Community Development Depar ent's policy to hire landscape interns to do work over the ummer to help evaluate landscape plans and, in some cases, to a tually design plans to meet the ordinance requirements. As t ere are no specific requirements in the current ordinance, th requirements of the 7.93 �LANNINf3 COI4IIBSION l�tEBTIN�i. �TO BR 14, 1990 PAQE � Sylvan Hills, qenerally located at 6261 Rainbow Drive N.E., with the followinq stipulations: 1. The accessory building shall be architecturally consistent with the existing house. 2. The height.of the accessory building shall be limited to 14 feet. . QPON Il VOICE VOTE, 11LL VOTINQ !1Y$, CSAIRPSR80N DECLARED TSE �iOTION Cl1RRISD IINANZI�[OIIBLY. Ms. McPherson stated both the special use permit r quest and the variance request will qo to City Council on Dec er 10, 1990. 2. UBLIC AR NG: CONS D O OF G D S. 90-06 Y G C R PAN • To replat that part of Lots 2 and 3�Auditor's Subdivision No. 78, Anoka County, Minnesota, nerally located north of I-694 and west of Main Street N. �OTION by Mr. Rondrick, sec ded by Ms. Savage, to waive the readinq of the public hea ng notice and open the public hearing. QPON A VOICS VOT$, VOTI�tQ I1YE, CH�iIRPERBON BETZOLD DECLPIRED THE 1�OTI Cl�RRIED 11IdD TS$ PIIBLIC HEl�RINC� OPEN !1T ?:45 P.M. Ms. Dacy st ed that since no one was in the audience represent' g the petitioner, the Commission might want to table 's item until later in the meeting. OTI by Mr. Rondrick, seconded by Ms. Modig, to table P.S. �9 -06 by Glacier Park Company until later in the meeting. OPON A VOIC$ VOTS, ALL VOTiNG 11lC$, C87�IRF$RBON 8$TZOLD DECLARED THE IiOTIO�T CARRIED IINAI�TIMOIIBLY. 3. �'ONSIDERATION OF AN ORDINANCE AMENDING CHAPTERS 205 OF THE �'RIDLEY CITY CODE ENTITLED "ZONING" BY AMENDING SECTIONS 205 03 "DEFINITIONS" ANQ SECTION 205.07 "R-1 ONE FAMILY pWELLING DISTRICT REGULATIONS" Ms. Dacy stated there have been articles in the Fridley Focus about this ordinance amendment, and staff has received a number of calls regardinq this issue. Ms. Dacy stated this ordinance amendment was originally brouqht to the Commission's attention at their October 24, 1990, meeting at the request of the City Council. The City Council is concerned because they have received complaints 7.94 Qi � PLANNING COlrBi2B8ION M$$TIN�3. �iOVSM88R 1!. 1990 P!1l3E 5 about single family homes that have been converted into "iliegal duplexes"--two dwelling units fn one single family home. The Counci2 is concerned that this erodinq the intent of the single family district. Ms. Dacy stated the current ordinance does prevent the creation of a second unit within a single family home. It does permit the rental of a quest room for up to two people- -the difference being that a quest room is defined as not having a kitchen. Ms. Dacy stated the Council felt that because of the violations that have been occurrinq in the City, the current ordinance is not stronq enough. So, the proposed amendment would still permit quest rooms, but no other portion of a dwelling could be rented to a person(s). Based on the advice of the City Attorney, there could not be a discrimination between a related individual and an unrelated individual. Ms. Dacy stated that at the October 24 Planning Commission meeting, a number of individuals testified regarding different situations which the proposed amendment would prevent. These situations were: 1. 2. 3. Where an elderly person would rent out part of the home to an individual in order to be eligible for state assistance. Where a rental situation exists for a fami2y member who must, in order to participate in other social service proqrams, be paying rent. The split level homes constructed on the west side of 7th Street in the Alice Wall Addition. Ms. Dacy stated that based on the Commission's direction at that meeting, staff tried to determine ways to permit some of these naturally occurring incidences but still try to get at the Council's intent of trying to prevent some of the nuisances. She stated that it is not easy. Ms. Dacy stated that the staff's analysis included evaluating and comparing existing situations within the City (chart was included in the agenda paeket): 1. A typical single family home with the rental of guest rooms as now permitted. 2. The experience of the split level homes in the Alice Wall Addition on the west side of 7th STreet. � 7.95 i ; PLANNII�1�3 CQMl+IISS�ON BTINt�. VBKBBR 14. 990 PA(i 6 3, The livinq situation exemplified by Roqer Stein at the October 24, 1990, Planninq Commission meetinq. 4, An elderly person living in a sinqle family home wantinq to rent out a portion of the he�son�who person to assist them, or an elderly p wants to live with their adult children. 5. Homes which we have issued rental licenses to, includinq 541 - 53 1/2 Avenue, ?and 5428 30reet, 4042 Main Street, 6070 Central, Dellwood Drive. Ms. Dacy stated that if it is the intent of the City council to prohibit the creation of two units in one structure/ create a duplex, thereby eroding the intent of the sinqle family neighborhood, then they must create performance standards to ensure the "accessory nature of these living areas. Therefore, the followinq standards should be imposed as part of a rental license for an "accessory apartment": 1. Require owner-occupancy of the structure. 2. Lizait the size of the livinq area of the accessory apartment so that it is clearly subordinate. 3. Regulate outdoor impacts, i.e., a separate entrance into the accessory apartment can only be created at the side or rear of the home and that there shall be no substantial exterior architectural changes earshto begaetwo�familyme such that the home app dwelling. 4. One accessory apartment shall be permitted per sinqle family dwelling. 5. The accessory apartment must meet the Uniform Buildinq Code and Uniform Fire Code. Ms. Dacy stated staff believes these requirements will regulate and keep out the types of situations they believe the Council is trying to prevent. They do not believe they will qet a lot of applications at this point in time and believe they have the staff on hand to handle a license application procedure. In the long term, they do expect that these types of license requests would increase qiven the demographics of this society and might help them catch those situations that are illeqal. It seemed that the oriqinal ordinance would prevent livinq situations that the City Council had intended to affect. 7.96 � � , . � PLANNINa COMMI88ION MiSSTINa, I�09SMB8R 14, 1990 PAQE 7 Ms. Dacy stated staff is recommending that the Commission endorse the concept of permittinq a mother-in-law/accessory apartment as an accessory use in the R-1, Single Family District, subject to receiving a license. Incorporated into the ordinance and prior to the issuance of a license would be the followinq standards: 1. The owner of the sinqle family home must occupy the dwellinq. 2. One accessory apartment per single family dwelling. 3. The secondary livinq area must comply with buildinq and fire codes. 4. A separate entrance to the apartment must be located on the side or rear of the house to maintain the sinqle family appearance; exterior stairways shall not be added to single family structures unless required by the Uniform Fire Code. 5. There shall be no substantial exterior architectural changes to the single family home such that the home appears to be a two family dwellinq. ' 6. Establish a minimum size of the apartment such that it is clearly subordinate to the principal use of the single family home. Mr. Saba asked how they are goinq to address the current violations--the homes that have already been modified for two families. Ms. Dacy stated staff is still discussing the issue of the 7th Street homes, which is different from the other situations looked at by staff, but they would still have a three year amortization period for the other violation situations. Mr. Betzold asked if the license process wou2d be difficult enough to discourage renting. Ms. Dacy stated that is the reason for the requirement for owner-occupancy. If the owner of a property is required to live in the home, that owner has a vested interest in seeing what happens on his/her property. If the owner is affected by a"bad tenant", then the owner is going to take more of a direct interest in the property than the absentee landlord. 7.97 �-- \ ` w `� ti � ,$LANNII�IG COMMI88IOI�1 IiB$TI1�iG. '10VEKB8R i�t. 1990 PA<3E 8 What is ironic is that the houses on �th Street are more towards a duplex than any other situation with an absentee landlord, yet the City has had no complaints or any problems from that neighborhood. So, there are a lot of these situations that exist in single family areas without any problems. Mr. Jack Rirkham, 43'0 - 67th Avenue, stated he and his wife, Corine, would like to present to the Commission a letter dated November 12, 1990, addressed to Barb Dacy and the Planning Commission. He read this letter to the_Commission. He stated this letter addressed the article they read in the Fridley Focus about the proposed ordinance. Their letter stated their opposition to the proposed ordinance which would prohibit the rentinq of any portion of a single family home to blood relatives. I�OTION by Mr. Rondrick, seconded by Ms. Sherek, to receive into the record the letter from Jack and Corine Rirkham dated November 12, 1990. IIPON !l VOICE VOTE, l�LL VOTING ]►YE, CSA=RPERSON HETZOLD DECL�iRED THE MOTION C1IRRIED D�TANIMOIIBLY. Mr. Betzold asked Mr. Rirkham how he felt about the person who wishes to rent out a portion of his/her house, not to take care of an aginq relative or a child who suffers from mental illness, but to qain the extra income, and the neighbors are now complaininq that it is changing the character of a sinqle family neighborhood, creating more traffic, etc. Mr. Kirkham stated that was a hard question to respond to, because that type of situation did not bother him. He cited the example of a divorcee on a limited income who must rent out the basement in order to stay in her home. There is ancther family in the same neighborhood, with 2 adults and two grown children. They have 6 vehicles and a single car garaqe� but he did not know of anyone who has complained about it. He Btated it is hard for him to respond to people who are upset about other people who wish to have someone else live in their home. Mr. Kirkham stated he did not see how licensing would resolve this issue. For example, if his neiqhbor converted his basement to living space with a kitchen, etc., and he complained about this situation, the neighbor could then go to the City and obtain a license. Then his complaint would no Ionqer be legal and nothing would be resolved. Ms. Dacy stated they have to start somewhere to control what is appropriate and what is not appropriate. What they are 7.98 �� i*� . � % � � !� �LANNING COKPIISSION lISETING, i10'V'SKSSR 14. 1990 P��3E 9 trying to avoid with the proposed standards is an absentee landlord Bituation where a two story house is being rented to two families. 2ir. Saba stated the really qray area seems to be the definition of a single family home and the definition of a duplex. Maybe they need to just enforce the zoninq code. It is important to protect the integrity of the R-1 zoning. The other thinq he eaw of value is the owner-occupancy standard. Ms. Sherek stated the City should never qet into the position of legislating who can live in a building in terms of: Can five unrelated individuals live in a building or not? She did not think a license procedure is appropriate. She did not see a problem with 3-5 complaints per year. Ms. Modig stated she believed they should leave the ordinance as it is now and not make any changes. Mr. Dahlberg stated that in a situation where they have several people living in a building, they need to be concerned about the life safety issues. A lot of these types of arrangements do not meet the life safety requirements. What percentage of people who remodel their homes ever come in and apply for building permit? Ms. Dacy stated they have only been able to catch this type of situation when some of the rental areas are for Section 8 clients, because HUD requires certain size egress windows, etc. Pat Wolfe, the staff person who works with Section 8, has said that some of these units could occur without her knowledge, and it could be a very dangerous situation. Mr. Betzald stated he is not opposed to any of the standards recommended by staff. They seem to be getting hung up more over the licensing issue than they are on the standards presented by staff. Ms. Dacy stated the issue they are discussing is not so much the standards as the level of control. Mr. Rirkham stated it seemed to him that the timing is not good for this proposed ordinance change. All the socioloqists are reminding them of the good old days when they had extended families where people took care of their own, and they didn't have to have so many nursing homes, state homes, etc. Sociologists are recommending that people qet back to those qood old days. The state and federal qovernments are faced with building and maintaining more and more facilities to take care of those people who cannot take care of themselves. This proposed ordinance would make it 7.99 r- E PLANNI�iG COI�II�I288ION lIEBTZNG. liOVBI�iHER 14. 1990 Pl�C3E 10 much more restrictive and would discourage people from tryinq to take care of their own. Mr. Kirkham stated he also thouqht the licensing procedure is nat qood because it puts the emphasis and burden on the homeowner. He resented the additional qovernmental restrictions and would resent having to qo and ask for a license just to take: care of his own family. Maybe the people who need the license are the people who are trying to make a profit by rentinq out part of their home. Mr. Dahlberq stated he disaqreed. If they are qoing to require a license in one instance, then they should require that a license is necessary in every instance. Ms. Sherek stated she aqreed with Mr. Rirkham in that she is flatly opposed to havinq to qet a license to have a relative live in her home at any time under any circumstance. It is nobody else's business if someone lives in the basement of her home. If the home is unsafe, then that is ber problem. Ms. Modig stated there is also the situation of having older children living in your home. Would she need a license to allow her own children to live in her home? She would definitely be opposed to that. Mr. Betzold stated he still thought the present code needed a little more clarification to provide a little more enforcement. Mr. Saba stated they should be able to have the ability to require the licensinq procedure for the renting to non- related individuals only. Mr. Dahlberq stated that is discrimination. Ms. Sherek stated they are already discriminating, because right now they do not limit the number of related individuals living in a home but they do limit the number of unrelated individuals to five. Mr. Dahlberg stated he disagreed. Just by virtue of saying t� person has to come in for a license if the person is unrelated is discriminatory, because they are not saying the person who is related has to come in for a license. Zf they are going to require a license, then they have to require it of everyone. Ms. Savage stated what is legally discriminatory is what the courts say is leqally discriminatory. 7.y�� d �LANNINa COI�IIrII68ION 1s8BTZ�a. l�OVa�$R 14. 1990 PAGE il Ms. Corine Kirkham etated that Jack's mom lived in their home in the "mother-in-law apartment" for several years. If she had not been related, they would not have allowed anyone else to live in their home. Their adult children have also made use of this apartment. If these people had not been related, they would not have felt obligated to share their living quarters. She.did not think they can say it is discrimination. Tf it is family, you help them out. She etated rentinq to reZated people is very different from renting to unrelated people. Mr. Saba stated that maybe they need an opinion from the City Attorney as to whether it would be discriminatory to require a license for unrelated individuals only. Ms. Modig agreed they need a legal opinion, but she had a real problem with the whole licensing procedure. Mr. Betzold asked if the Commission had any problems with the six recommendations made by staff. Ms. Sherek recommended that alonq with item �6, they include a maximum size of 35� or 800-900 sq. ft.--something to indicate that there is definitely a smaller self-contained unit within a larger home. Mr. Betzold stated if there is a hardship by holding to a certain percentage, that can be addressed through the variance process. He believed they should have a maximum size, and he would go along with 35$. Ms. Dacy stated that based on the plans she has worked on, she would feel more comfortable with 40�. Mr. Betzold asked staff to get a legal opinion from the City Attorney on licensing for unrelated individuals versus related individuals and to draft an ordinance for the next Planning Commission meeting. 4. P�TBLIC HEARING. CONSIDERATION OF A REGISTERED LAND SURVEY•_.-_ p S �90-06 BY GLACIER PARK COMPANY: To replat that part of Lots 2 and 3, Auditor's division No. 78, Anoka County, Minnesota, generall ocated north of I-694 and west of Main Street N.E. o�i TION by Ms. Sherek, secon d''��y Ms. Modig, to remove this item from the table. IIPON 11 VOIC$ E, ]1LL VOTING AYE, CHAZRPBRBON HETZOLD DECLARED MOTZON CARRIED IINANIMOIIBLY. 7.101 r � � J Community Development Department G DIVISION City of Fridley DATE: March 20, 1991 � , TO: William Burns, City Manager �` �. FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SIIBJECT: Variance Request, VAR #91-04, by Milestone Hatel Investments Attached is the above referenced staff report. At their March 12, 1991, meeting, the Appeals Commission voted unanimously to recommend to the City Council approval of the request with the following stipulation: 1. The variance shall be granted in conjunction with the granting of the lot split request. Staff recommends that the City Council concur with the Appeals Commission action. MM:Is M-91-178 : � � STAFF REPORT APPEALS DATE Marc11 12, 1991 CI�IY OF PLANIVING COMMISSION DATE FRIDLEY ClTY COIAVCIL DATE r�arcn 25, 1991 nur� �1s REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION StTE DATA SIZE DENSlTY PRESENT ZONING ADJACENT LAND USES E� ZONING llf�.tTiES PARK DEDICATlON ANALYSIS FINANCIAL IMPLICATlONS CONFORMANCE TO COMPREHENSNE PLAN connPa-rie��mr wrrH ADJACENT USES & ZON�IG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMiSSiON RECOMMENDATION VAR #91-04 Milestone Hotel Investments To reduce the required side yard setback fran 15 feet ta 0 feet 5201-5275 Central Avenue N,E. Zl.s acres C-3, General Shopping C�nter District C-1, Uxal Busirbess District t�o the sauth; I�l, Single Family Dwelling tx� the east; C-3, General Shopping Center, to the north Yes Yes Approval :� ' � �' �� ►b��►� F�'\.'tiE � �f , cs� 23 �4 VAR i�91-04 Milestone Hotel N �/2 ��Tr ci rr 2� �,.� _ 24 SEC. � i U� of cc �� Mu �.. . � -. w..r" � .• � !i • �� _.� B ' �� ^e �e_ �y i..ti — � LOCATtQN MAP sB � Staff Report VAR #91-04, Milestone Hotel Investments, Inc. Page 2 A. STATED HARDSHIP: None stated. B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is �equesting a variance to reduce the required side yard setback from 15 feet to 0 feet for 5201-5275 Central Avenue N.E. The request is a result of a proposed lot split and plat request which staff is currently processing and which will create a lot line between the Skywood Motel and the Skywood Mall. The lot line will be created so that the motel may be sold independent of the mall. Site The property is approximately 11.8 acres in area. Located on the parcel is a 100-unit motel and a retail mall which share a common fire wall. The property is zoned C-3, General 5hopping Center. The property to the south is zoned C-1, Local Business. The property to the east is zoned R-1, 5ingle Family Dwelling, and there is additional C-3, General Shopping Center, zoning to the north. Analysis 3ection 205.15.03.C.(2� of the Fridley City Code requires a 15 foot side yard setback when two side yards are required. Public purpose of this requirement is to provide for adequate open areas (green divider areas) around commercial structures, maintain clear access for fire fighting, and reduce the possibility of fire. The C-3 zoning district regulatians require that a side yard setback of a minimum 15 feet exist for all parcels. However, Section 205.17.03.D.(2).(c) and Section 205.18.03.D.(2).(c) (industrial districts) allow a zero lot line where a common wall is provided between two buildings. The creation of a common lot l.ine between the two facilities in this zoning districts creates the need for the variance. In this instance, the code is placing the hardship upon the property, and the property is unique in the fact that a common wall will be shared by two buildings. The cross parking and access easements will continue to be maintained after the lot split and plat are approved. Therefore, the two lots will continue to function as one. : � Staff Report VAR #91-04, Milestone Hotel Investments, Inc. Page 2 Recommendation Staff recommends that the Appeals Commission recommend to the City Council approval of the variance, with the following stipulation: 1. Lot Split request, L.S. #91-02, shall be approved. ApQeals Commission Action The Appeals Commission voted unanimously to recommend to the City Council approval of the request with the following stipulation: 1. The variance shall be granted in conjunction with the granting of the lot split request. City Council Recommendation Staff recommends that the City Council concur with the Appeals Commission action. : J d � K Q z J W � 0. I I � , O Q � i�' N I/ • /NUI1 (Ov r� / S� . �, ,�� - �; �;�" '�;�/�% � I I N �, �/ I� II �/ �� / / �� i �V�J / / � I• �i� _ x� - � ---� — ' 'I � I 1 ll -- �� r � • � � l S �i+ i�l ,• � iji [�� VAR ��91-04 Milestone f Se_:==��j-':er iii��°i;ji: ! !i_�iii"it3'�z5 E g':::-::zii: s,;�s�'iiti c 3:�iiiFti�F•�: S.t.i'.�i:'...t ��I�:jt�i/: � � �it:itt:'S�'1 1 � ��=�!!;!!l�=; il:j;_'=i:j� E ��jlit�ji;:i;: . .-.:: :_: ,- �-__;;•,_.; : � ='-��i•ij:-�t. � ��i :' ::��' ��'-1 -'i=? ' iF�!...j.'.i�:i 3i'iii:• _ �- "i'_ =. 1 iii-i=i..:� ; ��_i ' . ix=�---- =�s =i i;jllii�ilu�: =�•Fjj�j�� i Sil�sii =s�i-�i• i: :�s� �t ati.=�-=ai,f- s_: _---._� ;. 3 ��c.-•-zs.::: •iist � t�ii:sz:s::�jw.i ss rt• _:' :_'.1 !3:. �: t� _ - r� ij t'F• Y:se ': i:iiisiFj:i If z+l�itt!lis;i• :" �,��ii.iFii�� i l��:......c� �� . iiiiF�.2 . . . . �f SSI� I • . �� . I �_, :. . !. . � � j� � � ('3At1 �d�11N3�) 59'ON A'dMH91H 1 `iii�e f tiF i I��i 4 8�;�� 1 's!:s; ��i 3e �: � F . �� i� 'sz 7 . W Z 1 [ C C � �� t R f � � '� ;� x� =9 x� -: �: � - �� j E 5 5 � Z � l�.l ' J Q —� -- --� — — 1 :n � ----- r• —: •– c . _'J" -_ `N -�----- � ir�n3sv�- o�or 6 •...,.. „ 1 '� , , �. .«� ...� ......� � «�� _ \ • ...:..�.`o. � Z � � �b� �j!i/ o � �e�S ;=/ - j I� ////// d • N�S . W . 7 �i � X ; � W � ' — -- — -- �-'-- — — — ri1, -• - • - � �i �+rvnal ,�31,vis,1.,�, �.., _ _„ �_ $F PRELIMINARY PLAT i� crrx oF �y 6431 i�TIVII�SITY AVF�I(JE N.E. FRIDLEY, I+IId 55432 (612) 571-3450 �� u ni _�} �i �_a-► - �,� n.ul �.a.�.. �1�n.=.l� . . . �• w� v• �: ' � •. Pt�PII�i'Y II�O�,TI�1 - site plan required for sukxnittals; see attad� Adc3ress; 5201-5275 Central Ave., Fridley, Minnesota 55421 Legal descr'iption: See attached I�t See attached Bloc3c Tract�Additipn Auditors subdivision 153 Q�rrent zonit�g: C-3 Square footage/acreage 11.8 acres Reason for variance and h�*��h;p; Section of City Code: FEE aWi�it II�4�DRI�RZ�1 (Contract Purchasers: Fee Owi�ss must sign this form prior to prooessir�g) Marquette Bank Minneapolis National Association as Trustee NAME under Indenture of Trust dated December 1, 1983 ADI�2E'SS 6th & Marquette, Minneapolis, MN 55480 PETITI��Ft II�nRI�TI�1 A113ME Milestone Hotel Investments, Inc. ADDFtESS 681 E. Lake Street, ��246 Wavzata, MN 55391 pAY'�� pHOI� 341-5804 I�ATE o`� �E' l� / i]AYmrMF F�IONE 612/476-8516 � a/� l`�.� F�: �� $ioo:oo�_._...�.,.� _._... ._.,....�_.,....._... ._...�_�..__�...��_...��_ $ 60.00 for residential prapeities Pernut VAR # � - � Rec�ipt # �� / � D . � . -� „ A�I1Cat1011 Y'@C21V2C1 �7: I1 sch�tuled Appeals �ioa� �date: 3� tY -�l I Scheduled City C�auzcil date: �` PIIBI,IC HEARING BEFORE T$E APPEALS COMMISSION Notice is hereby given that the Appeals Commissian of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, March 12, 1991, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #91-04, by Milestone Hotel Investments, Inc.: Per Section 205.15.03.C.(2) of the Fridley City Code to reduce the side yard setback from 15 feet to 0 feet for proposed Lots 1 and 2, Block 1, Skywood Mall Addition, currently described as: Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot l, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's 5ubdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, to be described as Lots 1 and 2, Block 1, Skywood Mall Addition, generally located at 5201 - 5275 Central Avenue N.E. : VAR #91-04, Milestone Hotel Tnvestments, Inc. Page 2 Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. : City Qo�cil City l�nager I3ane Savage 567 Rioe �eek Terraoe N.E. Fridley, N�1 55432 'Milestone Hotel Investments �81 E. Lake Street, #246 � Wayzata, NiV 55391 Man�t�tte Bank Minneapolis 6th and Marquette Minneapolis, NN 55480 City of Coltunbia Heights P3anning Departsr�ent 590 - 4�th. Avenue N.E. Cblumbia Heiglits, N� 55421 : "�rs Restaura,nt v�4Q0 Central Avenue N.E. �'ridley, NN 55421 Chet Herringer 4121 Stinson Boulevard tblumbia Heights, r�7 55421 Tbtal A4innesota, Inc. 5300 Central Aven� N.E. ^ridley, N�T 55421 =bta1 Minnesota, Inc. �99 - 18th Street �uite 2201 �Denver, QO 80202 MAII�Il�IG LIST � �i�ARI�C,'E # 91--a 4 5201-5275 Gentsal Aveniae N.E. Milestone Hotel Investrnents, Inc. Menards, Inc. 5351 C�entral Avenue N,E, Fridley, NN 55421 � M�nards, Iric. �ute 2 Eau Claire, WT 54701 Carn�rce Park �nv�stm�nts 3989 Central.�venue N.E. Cbltmibia Heights, NY�1 55421 i�land Lang 1278 Skywc�od Lane N,F. PYidley, NN 5542I Yun Ise. 1268 Skywood Lane N.E. Fridley, AN 55421 C�s'1 Heggestad 1258 Skywood Lane N.E. Fridley, 1�I 55421 Mary MattYlews 1259 Skywood Lane P3. E. Fridley, NY�T 55421 Ground Round Restaurant 5277 Central Avenue Pd.E. Fridley, MV 55421 : Mailed: 3/1/91 Howard Johnson Co�any Box 38 Wahkon, N�T 5638b Skyw�od Tnn 52Q1 Central Avenue N.E. Fridley, MJ 55421 Skywood Mal.l 5251 Qentral Avenue N.E. FYidley, D�1 55421 I�ee [�Iards 5289 Central Avenu+e N.E. FYidley, NA1 55421 C�.trrent Tenant 5267 Central Av�nue N.E. Fridley, r�T 55421 Adv�ntures in Vid+eo 5211 Qentral Av�nue N.E. Fridley, NN 55421 'Itain Ci.ty Federal � 5205 Central Avenue N.E. Fridley, NN 55432 �ain City Federal 801 Man�uette Av�nue Minneapolis, M�1 55402 RQbert Hall Clothes 1075 Central Park Avenue Scarsdale, �TY 10583 VAR #91-04 5201 5275 Central A�nue N.E. Page 2 Great American Music 5151 Central Avenue N.E. Frid]:ey, N�T 55421 Trwin Kallman 115 East 57th Street, #124Q NeHZ .York, NY 1OQ22 Rpnald Paxa�zek 5258 Fiilnx�re Stxeet ri.E. Fridley�, N�T 55421 Nla�'Va-n �.-d2enk, 5246 k'�Tlimx+e �t�et N.E. Fridley, NiV 55421 �� Marck Investirent Ccx�i�any Pete,r 1!J�l�:naro :7601 Wayzata Blvd. ,#206 5234 F�1lzrore S�.reet N.E. Minneapolis, NN 55426 FYidley, I�T � 55421 Ct�,rx�nt R�sident 109Q -- 52nd Avenue N.E. Fridley, NN 55421 Current R�sident 112Q -- 52nd Avenue N.E. Fridley, MN 55421 Current l�sident 117Q -� S2nd Avenue N.E. Fridley, �N 55421 Lyle Mandel f �� 695Q Wa�zata Blvde, �2Q6 Golden Ualley, 1��V 55426 Current Resident 215 -- 53rd Aven� N. E. Fridley, MLV 5542I Thomas Skovran 529.8 Fil].im,re Street N,E. Fridley, M�1 55421 Raymond k'oxss 5222 �illmore �txeet N,E, Fra_:dle�, M�I 55�421 Dean �liss 5212 Fil]�ore Strnet N. E, Fridle�j 1�T 55421 Josep� 2�izxgo 52QQ. Fi:ll�m�e �treet N.E. F'ridley�, NN 55421 C'�axy� 'Ibwn.�Ze� 1301 - 52nd Avenue N.E. Fx:idley, 1�1 55421 Mi:ahael Jaro�l.a�aski 52Q1 Ta�rlor St�reet N. E. Fridley, NN 55421 Fxanc�s Job 52Q5 Taylor St,reet N,E.. Fri:dZe�r=, NN 55421 : 'I�rri Wallace 5217 Taylor Stz'eet N.E. FYidl.ey� INN 5542I Edward Kaaal �235 Taylor Street N.E. Fridley, M�T 55421 Daniel Lblezal 5251 Taylor Street N.E, Fridley, NN 55421 Ja�s Rpsemeuer 5285 TaXlor Street N.E. F'ridley, N�T 55421 Kwa.n I,emke 529� Taylor Street N.E, Fridley, 1�.�1 55421 Donald Deliah 5284 Taylor Street N.E. Fridley, NN 55421 William Kuether 5268 Taylor Street N.E. F`ridiey, r�T 55421 �niilliam Job 5250 Taylor Street N.E. Fridley, N�v 55421 Tinwthy McCauley 5234 Taylor Street N.E. Fridley, NN 55421 VAR #91-04 52Q1-5275 Central Avenue IJ.E. Page 3 Aarari Engebretson 5216 Taylor Street N.E. Fridley, NN 55421 Steven Kantoraw.icz 52QQ Taylor Street N.E. Fridley, Nrd 55421 C�rald Sozenson 1280 -- 52nd Avern�e N. E. FYi.dley, NN 55421 James Vant ]26Q � 52nd Avenue N.E. FY:idley, P'l�T 55421 William Leavey 1240 - 52nd Avenue N.E. Fridley, NN 55421 : APPEALS COMMISSION MEETING, MARCH 12, Z991 PAGE 10 CONSTDERATION OF VARIANCE RE4UEST. VAR #91-04, BY MILESTONE HOTEL INVESTMENTS, INC.: Per Section 205.15.03.C.(2) of the Fridley City Code to reduce the side yard setback from 15 feet to 0 feet for proposed Lots 1 and 2, Block 1, Skywood Mall Addition, currently described as: Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the - south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south iine of the north 30 feet to said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet oE said Lot l; thence East along the south line of the north 30 feet of said Lot 1, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, to be described as Lots 1 and 2, Block 1, Skywood Mall Addition, generally located at 5201 - 5275 Central Avenue N.E., Fridley, Minnesota, 55421 MOTION by Mr. Kuechle, seconded by Dr. Vos, to waive the reading of the variance request and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:14 P.M. Ms. McPherson stated the proposed request is to reduce the side yard setback requirement from 15 feet to 0 feet for 5201-5275 Central Avenue, otherwise known as the Skywood Mall and Motel, located at the intersection of Central and 52nd Avenues. The property is zoned C-3, General Shopping Center District. There is �� APPEALS COMMISSION MEBTING, MARCH 12, 1991 PAGE 11 additional C-3 zoning to the north. The property to the south is zoned C-1, Local Business. Although the property is zoned commercial to the south, there is some multiple family apartments in that area and there is R-1, Single Family Dwelling, to the east. Ms. McPherson stated the petitioner is also processing a lot split and a plat request which will create two lots. Therefore, the variance includes both lots once they are newly created. The lot split is being processed for closing on April 1 and the plat will be finalized sometime in April. This will allow the petitioner to purchase the hotel portion of the complex and remodel in time for the busy season. The proposed lot split and plat will create a new lot line which will split the hotel portion from the retail and which will allow the motel to be sold independently of the mall. The C-3 district zoning regulations do not allow for a zero lot line to exist. The regulations require a minimum of a 15 foot setback. The City does have a zero lot line option in the industrial district where there is a common wall between industrial buildings. The Code is creating a hardship for this particular parcel. Ms. McPherson stated the site will continue to operate as a single unit. Parking agreements wi11 continue to be maintained and will continue to function as is. Staff recommends approval of the variance with the stipulation that the lot split be approved. Dr. Vos asked why there is a jog in the lot line. Ms. McPherson stated, the way the City requested the petitioner draw the line is because it is along the face of the fire wall along the mall portion of the building. The south part is all motel and the north part is mall. Dr. Vos asked if there are jogs outside. Ms. McPherson stated the site is currently underparked and was approved this way. However, they have tried to draw the lot line so the motel portion meets the code as much as possible. The Planning Commission will try to address this issue. The site has as xnuch parking as is available without going to ramps. This past summer, the trustee in control of the property completed the parking which was an outstanding stipulation from when the project was first approved. Mr. Ring, Marquette Bank, stated the bank is the trustee now in control of bath facilities. The need for splitting the lot is to maximize the recovery for the band holders. As it currently exists, there is a mall and a hotel that is unsaleable because malls and hotels are managed differently. Dr. Vos asked if the petitioner is the potential buyer. : � APPEALS COMMISSION MEETING MARCH 12 1991 PAGE 12 Mr. Ring stated this is correct. Ms. Savage stated there is no information about what is going to be done. Is there a proposed buyer for the mall? Mr. Ring stated the mall is being managed by Towle Real Estate and is being oFfered for sale. Ms. Savage asked what the status is of the hotel. Mr. Ring stated Marquette, as trustee, is currently negotiating with Milestone Hotel for the sale of the hotel portion. This variance and lot split is a condition of the sale. Mr. Bliss asked if the variance is to reduce the Iot Iine to the north. Ms. McPherson stated that usually what happens when there is a lot Iine between two buildings, there would technically be 30 feet between the buildings. In approving a zero lot line, they are saying that buildings can exist at the lot line. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to close the public hearing. UPC�N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC iiEARING CLOSED AT 8:30 P.M. Ms. McPherson stated the lot split and plat will be heard by the Planning Commission on March 13. Therefore, the Planning Commission will be informed verbally of the Appeals Commission's action. Dr. Vos stated this is an existing condition which is the biggest hardship you can get. To deny it would be to deny a solution to the problem. Mr. Kuechle stated he concurred. This should be tied to the lot split, so that if the lot spl.it is not approved, the variance is not approved. MOTION by Mr. Kuechle, seconded by Dr. Vos, to approve variance request, VAR #91-04, per Section 205.15.03.C.(2) of the Fridley City Code to reduce the side yard setback from 15 feet to 0 feet for proposed Lots 1 and 2, Block 1, Skywood Mall Addition, with the following stipulation: 1. The variance sha11 be granted in conjunction with the granting of the lot split request. : • APPEALS COMMISSION MEETING, MARCH 12, 1991 PAGE 13 IIPON A 40ICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. OTHER BUSINESS• Ms. McPherson stated a memo was included in the agenda packet summarizing action taken on requests the CoYamission previously acted upon. ADJOURNMENT MOTION by Ms. Beaulieu, seconded by Dr. Vos, to adjourn the meeting. IIPON A VOICE VOTE, ALL VOTING AiCF, CHAIRPERSON SAVAGE DECLARSD TH8 MOTION CARRIED AND THE MARCH 12� 1992� APPEALS COMMISSION MEETING ADJOIIRNED AT 8:30 P.M. Res ectfully submitted, � �J Lavonn Cooper . Recording Secretary ., � _ � J Community Development Department G DIVISION City of Fridley DATE: March 18, 1991 .�'�, TO: William Burns, City Manager� FROM: Barbara Dacy, �Community Development Director Lisa Campbe��,�(`planning Associate - ,rr SIIBJECT: 1991 Anoka County Solid Waste Abatement Joint Powers Agreement Attached please find a copy of the 1991 Anoka County Solid Waste Joint Powers agreement. Significant features of this Joint Powers Agreement are that the term is from January 1, 1991, to June 30, 1991, and the funding formula is based on an amount per household rather than a per ton payment. The six month term is Anoka County's response to uncertainties about S.C.O.R.E. funding for the second half of 1991. Anoka County will not commit to distributing funds it has not received. The current funding formula base payment plus a dollar amount per household is given below: Base Payment Plus Dollar per Hshld Equal Grant Amount $3,070 $3,070 + $3.50 ($10,800) _> + $38,14b.50 = $41,216.50 The City of Fridley is not harmed by the change in the funding formula. Staff Recommendation 5taff requests that the Council act to authorize the Mayor and the City Manager to execute the 1991 January-June Solid Waste Abatement Joint Powers Agreement. LC:ls M-91-192 �J �, Anoka County Corrt�act # 900239-A JC)INT POWERS AGREEMENT THtS AGREEMENT made and entered into on February 26, 1991, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, he�einafter referred to as the "COUNl1(", and the CITY OF FRIDLEY, hereinafter referred to as the "MUNICIPALITY". WITNESSETH: WHEREAS, Anoka County has taken the necessary steps to qualify for SCORE funds purs�ant to Minn. Stat. § 115A.557; and WHEREAS, the County has received $352,681.00 in said SCORE funds from the State of Minnesota; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals set forth in the Anoka County Solid Waste Master Plan by providing said SCORE funds to cities and townships in the County for solid waste recycling programs; and WHEREAS, the parties are authorized and empowered to enter into this Agreement pursuant to Minn. Stat. Sections 471.59 and 473.811, Subd. 7. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the follawing terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipaliry to implement solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 1991 through June 30, i991, unless earlier terminated as provided herein. 3. PROGRAM. The Municipality shall develop and imptement a residential solid waste recycting program adequate to meet one-haif of the Municipaiity's annual recycling goal of i,485 tons as estabiished 6y the County. "Recycling" means the process of collecting and preparing recyclabie materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. 4. REPORTING. The Municipality shall submit the foilowing reports semiannuaily to the County no tater than July 20, 1991: A. An accounting of the amount of waste which has been diverted from landfills as a result of the Municipality's activities and the efforts of other community programs, . � redemption centers and drop-off centers. For recycling prog�ams, documentation shail be provided showing the number of tons of each recyciabie material which has been coilected and the number of tons of each recyclable material which has been marketed. For recyciing programs run by other persons or entities, the Municipality shal4 also provide documentation showing that the materials were recycled by the Municipality's residents. The Municipality shall also report the number of cubic yards or tons of yard waste collected far composting or landspreading, togethe� with a description of the methodology used for calculations. Any other mate�ial removed from the waste stream by the Municipafity, i.e. tires and used oii, shall also be reported separately. B. lnformation regarding any revenue �eceived from sources other than the County for the Municipality's recycling programs. C. Copies of all promotional materials that have been prepa�ed by the Municipality during the te�m of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financia� evaluation, program management purposes, and reporting to the Metropolitan Council and the State of Minnesota. 5. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices to the County for abatement activities no la#er than July 20, 1991. Costs not billed by July 20, 1991 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 6. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible recycling activities up to the project maximum as computed below, which shall not exceed $41,216.50. The project maximum for eligible expenses shall be computed as follows: A. A base amount of $3,070.00; and B. A$3.50 per household grant of up to $38,146.50. 7. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the county and the State of Minnesota. l� accordance with Minn. Stat. § 471.59, Subd. 3, the Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shal{ maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality sha11 also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event fo� a period of less than three years from the last receipt of payment from the County pursuant to this Agreement. -2- . • 8. AUDiT. Pursuant to Minn. Stat. § i 66.06, Subd. 4, the Municipality sha!! aliow the County o� other persons or agencies authorized by the County, and the State of Minnesota, inciuding the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter oi the Agreement, for purposes of audit. In addition, the County shali have access to the project site(s), if any, at reasonabie hours. 9. GENERAL PROVIStONS A. in performing the provisions of this Agreement, both parties agree to comply with ail applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or specia! governmentai unit which are now or hereaiter promulgated insofar as they relate to pertormance of the provisions of this Agreement. In addition, the Mur�icipality sha!! comply with a!! applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. B. No person shall illegafly, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to untawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and o#her forms of compensation. C. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractar to comply fully with the terms of this Agreement. D. The Municipality agrees that the Municipality's employees and subcontractor's employees who fall within any job classi�cation established and published by the Minnesota Department of Labor & Industry shal! be paid, at a minimum, the prevailing wages rates as certified by said Department. Each Municipality and subcontractor performing work on a public project shall post on the project the applicable prevaiting wage rates and hour(y basic rates of pay for the County or area within which the project is being performed, including the effective date of any changes thereof, in at least one conspicuous place for the info�mation of the employees working on the project. The information so posted shall include a breakdown of contributions for health and weifare benefits, vacation bene�ts, pension benefits and any other economic benefit required to be paid. E. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes a!I oraf and written agreements and negotiations between the parties relating to the subject matter hereof. -3- 9C F. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. G. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. H. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. 10. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Partially funded by Anoka County SCORE funds and the CITY of FRIDLEY. 11. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, �esulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemniiy, defend, and hold the County ha�mless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public o�cials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 12. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by maif or in person to the other party, specifying the date of te�mination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. -4- . � IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: COUNTY OF ANOKA CITY OF FRIDLEY : Dan Erhart, Chairman Anoka County Board of Commissioners Date: ATTEST: John "Jay" McLinden County Administrator Date: Approved as to form and legality: Assistant County Attorney -5- 9E By: _ Name: Trtle: Date: Municipality's Clerk Date: Approved as to form and legality: I:\PCMCOIYf RACi�RECYCt91. JPA I:\PChI�CONTRACI�RECYCL91. VAR FIRE DEPARTMENT MEMORANDUM 91-3-6 �` ,J� . �- MEMO TO: WILLIAM W. BURNB, CITY MANA(�iER /'%' FROM: CHUCR MCRIISICR, FIRE CHIEF DATE: MARCH 22, 1991 BIIBJECTs CHAN(3E ORDER TO CONTRACT WITH DETBRMAN WELDINC3 FOR REFIIRBIS8INt3 AERIAL LADDER Approval is requested for a change order to subject contXact (original accepted bid attached for reference) by deleting from the specifications. the requirement to extend the rear crew cab, and use the cost difference for improvements on two engine companies, as detailed in the March 20, 1991 proposal by Determan (attached). The crew cab deletion is due to a reduced number of crew members needed for this vehicle. CJM/ss Attachment � �� ,�"' DETERMAN wELDlNG & TANK SERVICE, INC. 1241-72nd Avenue N.E. • Minneapolis, Minnesota 55432 (612? 571-811Q • FAX i612) 571-1789 March 20, 1991 City of Fridley Fire Department Fridley, MN" Estimated revisions to Fire Department equipment as follows: New Truck Repair air leaks Modify area around air check to accept small access panel Fabricate & install three aluminum diamond plate covers Fabricate & install three-sided aluminum shield on top generator - Fabricate & install aluminum box with cover for S" "Soft Hose" Our ' 2Sth Year Serving the Petroleum '�� I�dustry i � 1 . � REF: 7603 LABOR MATERIAL 1.0 2.5 $I0.00 37.5 605.00 7.0 8I.OU 12.0 97.00 Unit #3384 Modify six existing doors 47.0 SiJMMARY 107 hrs. @ $39.00/hr $4,173.00 material 1,023.00 $5,196.00 Ladder Truck Accumulative deletions of work on Iadder truck currently in process 120.0 SUMM[�RY 120 hrs. @ $39.00/hr material �� j David L. Anderson, Service Manager DLA/km �PEIF $4,680.00 500.00 $5,180.00 10A � Manufacturer of 8rownie Products • Galva�eer Truck Tanks Volumetric Provers • Aviation Fuelers & Hydrant Carts Repairing & Recondiiioning Truck Tanks & Transports Installing & Remodeling Bulk Plants, Terminals & Airporr Fuel Systems 230.00 500.00 Erowni� lrodutl d -� _ .: ��` ��D DETERMAM wELDING & TANK SERVICE, INC. 1241-72nd Avenue N.E. • Minneapolis, Minnesota 55432 (612) 571-8110 • FAX (612) 571-1789 November 9, 1990 Fridley Fire Department 6431 University Avenue Northeast Fridley, MN 55432 Attn: Bob Aldrich BID 0 REE: 7446 Repair to -ladder truck number 2 per specification dated October 17, 1990, pages 1 through 4 Signed: David L. Anderson Service Manager DLA/km encl. �PEI� $51,234.00 (applicable taxes not included) , / � - t.. .. Manufacturer of Brownie P�oducts • Galvaneer Truck Tanks Votumetric Provers • Aviation Fuelers & Hydrant Carts Repairing & Reconditioning Truck Tanks & Transports Installing & Remodeling Bulk Plants, Termi�als & Airport�Fuel Systems o�� ' 25th Year Serving the Petroleum . �� Industry � � i , . � 0 6row�i� Irod�ct MEMORANDUM Municipai Center :�= 6431 University Avenue Northeast William C. Hunt � Fridley, Minnesota 55432 Assistant to the City Manager C�TypF (612) 572-3507 F�a-� FAX: (612) 571-1287 � (.j . i� Memo TO: WILLIAM W. BIIRNS� CITY MANAGER� ` From: WILLIAM C. HIINT, ASSISTANT TO THE CITY MANAGER:� SubjeCts IMMIINIZATION FOR HEPATITIS B Date: MARCH 19, 1991 on March 4 the City Council approved an agreement with the City of Bloomington by which the Bloomington Health Department would supply Hepatitis B immunization for Fridley Police Officers, Firefighters, and Community Service Officers. Lawyers from several of the other cities and the League of Minnesota Cities Insurance Trust had a problem with Number 7 in the agreement, the Hold Harmless clause. They have drafted another version of the agreement with the Hold Harmless clause in proper form. I request that you present this to the Fridley City Council once again on March 25, 1991 for their approval. I regret the duplication of effort and hope that the agreement is truly in final form. WCH/jb 1y d AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON p,�,1D Fridley FOR PRO�IISION OF HEPATTTIS B VACCZNE This Agreement made this 25th day of March � 1991, by and between the City of Bloomington ("Bloomington") and the City of Fridley �N �ridZey „�� WHEREAS, Hepatitis B is an infection oE the liver caused by the hepatitis B vi.rus; and �. WHEREAS, each year approximately 300, OOQ persons i.n the IInited States are afflicted with hepatitis B, more than l0,OQ0 persons require �ospitalization and an estimated 250 people die from the disease; and WHEREAS, persons who may be at risk of acquiring hepatitis B due to their job responsibilities include such governmental employees as nurses, paramedics, iaw enforcement personnel, and firefighters; and WHEREAS, a key strategy for preventing the spread of hepatitis B is to vaccinate individuals with a high risk of infecti.on; and WHEREAS, Bloomington, through its Division o-f Public Health, has agreed to vaccinate employees of approximately 24 municipalities in order to minimize infection with hepatiti.s B; NOW, THEREFORE, the parties hereto, in consideration of the convenants thereinafter set forth, agree as follows: 1. Bloomington, through i�s Division of Public Health, will administer the Hepatitis B vaccine to any employee of Fridley � who consent �o be vaccinated. Each employee requesting immunization shall be required to sign a y1A e �� Consent Form, which is attached hereto and marked Exhibit A, prior to being vaccinated. 2. Bloomington shall administer three (3) separate vaccines for each Fridley employee. 3. F'ridley shall pay Bloomington the sum of One Hundred and Forty Dollars ($140.00) for each employee consenting to be vaccinated. On or before a date to be determined by Bloomington, Fridley shall remit to Bloomington the total amount of compensation from all employees of Fridley who have consented to be vaccinated. It is understood and agreed that such compensation from all employees of �ridley who have consented must be paid prior to Bloomington dispensing the vaccine. 4. Bloomington wiil conduct the vaccination program at ten to fifteen (10-15) separate clinics. Bloomington shall inform Fridley of the location of each clinic and provide a schedule for administration of the vaccine. 5. Bloomington shall provide to Fridley a report confirming that the consenting employees of Fridley received the Hepatitis B vaccine on three separate occasions. 6. It shall be the responsibility of Fridley � to insure that its employees requesting immunization utilize the available clinics at the designated times. Bloomington shall not refund any payments to Fridley for employees who are not vaccinated because they failed to appear at a clinic t - during the times when the vaccine was being administered. 11B � -3- 7. Except as to negligence or intentional misconduct in the keeping, handling, storage and administration of the Hepatitis B vaccine, Fridley shall indemnify and hold harmless Bloomington, its officials, agents and employees from and against all claims, damages, losses and expenses arising out of or resulting from administration of the Hepatitis B vaccine pursuant to this Agreement. The parties agree that the provisions of this paragraph shall not be construed as a waiver by either party of the liability limits contained in Minnesota Statutes, Chapter 466. To the extent that, in any situation in which the indemnity is applicable, Bloomington would have been entitled to contribution or indemnification from parties manufacturing, processing or distributing any items or material used in connection with administration of the vaccine, including the vaccine, Bloomington agrees to assign such indemnity or right of contribution to 0 CITY OF BLOOMINGTON By: By: Its Mayor Its Manager CITY OF Fridley � Its Mayor By: Its Manager 11C IMPORTANT 1NFORMAT10tV ABOUT HEPATITIS B AND HEPATiTiS B VACCINE Please Read T �irH �,T IS EiEP�T1TIS B :' Hepacicis B is an iafeccion of thc liver caused by the hepacitis B virus (HB V). The tenn "viral heQuicis" is o�cen used for and may include hepatids B and other similar disesses whicli aifect che liver but are caused bv differenc viruses. .acuu hepacitis generaliy begins with mild sympcoms chac may or may not become severe. These sympcocns may include loss of appecice, a �aeue feeling of oncoming illness. etcreme tiredness, nausts, vomiting, stomach pain. darlc urine, and }aundice (yellow eyes and skin). Skin rashes and joint pain can also occur. [n � the United States about 300.000 persons. mostly �oune adults, catch hepatitis B each year. About one-fouRh will d�velop jaundic�, and more chan 10.000 will ne�d to be hospicalized. About 250 people die each year from severe acute hepacitis B. Betwcen 6 and !0 of every i00 youne adults who catth hepatitis B become chronic cartiers (have HBV in their blood for 6 or more monchsl and may be able co spread the iniection to others for a long period of time. Infana who cacch hepatitis B are moce likely to become carrien thaa adults. �bout one-faur�h of chese caniers go on to develop a disease called "chronic active hepacitis." Chronic active hepacicis olzen causes cizrhosis of the liver (liver destruction) and death du� to liver failure. In addition. HBV carriers are much moce likely than others to ¢et cancer of the (iver. An estimated �.000 persons die from hcpatitis B-related cirrhosis each year in the United States and more than 800 die from heQatitis B-relatcd livcr canccr. The risk of catchine hepatitis is hieher in c�rtain ¢roups of peopie because of their occupation. tifesryle, or environment. Because of the risks of serious probiems associaccd with hepacitis B infection, vaccinat'son to he�p prevent infe�tions is recommended for these groups. HEPATITLS B VACCINE: Hepacias B vaccine is made two ways. Plasma-derived vaccinc is made from HBV particics thac have br_n puritied from the blood of camers. 'I�ie method used to prepare the ptasma- EXHIBIT A . . ,_ his Ca�efu//y HEP:�TITIS g Jl/90 derived hepatitis �accine kills all types of �insses fourd in human btood, iacluding che virus that rtuses Acquit+ed b�mu_ nodeficiency Syndrome (AIDS1. Recombinanc vueiaes are made from common baker's ycsst cells through genetic engi- neerins. The yeast-dtrived vaccines do no� contain human blood producu. The vaccine is eiven bey 'snjecd�p on �tl�rsr separate daces. Gsually. che fint two doses are given I month aparc. and the third dose. 5 months after the second. Aftet three doxs, che hepacicis B vaccine is 855'r-95Sc effective in pn- �encing hepatitis B infection in those who rtcei�ed v,accine. �n aiternacive schedule of � doses of vaccine given at 0, l. 3. and 1? monchs is approved for one vaccine. Protection for normal. healthy adults and children �iven vaccine lasu at leasc 7 years. Booscer doses of �accine are noc roucinelv recommended ac che present t�me. jirHO SHOULD GET HEPATITIS B VaCCINE? i�e vaccine is recommended for persons at high risk of catching HBV infection who are or may be unQrocecud. These groups include: 1. Persons with occupational risk. Hcalch care and public safery workers who are exposed co blood o� blood praiucu or who may get accidencat needlesticfcs should be vaccinated. 2. Clients aad siaff oC institutions for the developmen- tally disabled. ii�e sgecial behavoria! and medical problems of these persons malce this •a hish-risk seniee. Risk in insticntions is relaced to con�act with btood and aiso with bices.and contact wich skin Iesions and other bodv fluids chat contain HBV. Cliencs a.�d scaff of �roup and foster homes whcre a carrier is known to be present should also be vaccinated. 3. Hemodialysi� patients. Althou¢h che hepacicis B vac- cine is less effective in these patiena, it should still be offered to all hemodiaiysis patients. Higher doses and/or special prcparations are required for these per- sons. �. Homosexuallv active men. (PLE�SF R��D OTHER SIDE) 11D 7. 8. 9. � 11 12. 13. [:sers oi unlaµiul injectable drugs. Shanns ne�dlts i� an exvem<lc hish-nsk acci�•ic� for eransmiaing hepacitis B. Recipiencs of certain blood products. Penoas such •�.i hemophiliacs wt►o receive speciai producu to help their blood clot ar� at high risk of infcctioa. Househoid and sexual contacts of HBV carrien. When HBV carricrs are identified, household and sexual con- cacu should bc offer�d vaccin�. Adoptees from countries with high rates of HB� infection. Famiiies with orphans o� unaccompanied mi- nors from sucfi counuics should have che child chetked for HBV carriaee, and. if positive. family membets should be vaccinated. Other contacts of HBV carriers. Vaccine use shoutd be considend � in classroom and other day srttings where deinstitucionaliz�d developmentally disabled HBV carri- en behavc aggressivcty or have special medical problems that may expose concacu to their blood or body secreciona. Teachers and aides have been shown to be at significant risk in these seaings. Other persons who ha�t casual concaet wich carrien ac schools and offices are ac little risk of catching HBV inf�ction and vaccine is not rccom- mended for them. Special populations from areas with high rates of hepatitis B. These �roups inciude Alaslcan nacives, native Pacific istanden, immigrancs and crfugees from eastern Asia and sub-Saharan Africa, and their U.S. born chil- dcen. ' Inmates o[ long-term correctionat faciIities. i'i�e risk of inmates catching HBV infection may be due to use of unlawful injectabl� drugs and male homoxxua! pcaccices: Heterose.uuaLs who come in for treatmeat of other newiy acquired sexually transmitted diseases who have histories of sexual activity with muitiple seruat part- ners in the past 6 months. Persons who pian to trave! to areas outside the L'nited States that have high rates of hepatitis B infeciioa. stay in these areas for more than 6 months. and have close contact with the local population; and. persons travel- ing for shorter durations who may have contact with biood from or sexuai contact with local penons in areas where HBV infection is common. Persons trav- eling abroad who will perform medical procedures in areas where HBV infeciion is common are at very high risk. �DDtTiO��L �'�CCI':�`EES: Hepaeicis B�aceinc is also reeommended u parc of tht therapy u�ed to prevenc hepacitis B infection afrer exposure to HB�'. Poscexposure use of heQacitis B vaccine is recommended for the following penons: ( t) infanu born to mothers who have a positi�t biood test for hepatitis B surface ancigen (H$sAg): t3) perso�s ha�ins acciden[s involvine HBsAs-positi�e blood where there is encry throueh the skin or a mucous membrane: (3) infanu less than !? monchs oid whose mother or primar� caregiver has HBV iniectio�; and. (�) petsons having sexual contact with someone who has a positive blood test for HBsAg. The hepatitis B vaccine series should be started at the same time as ocher thcrapy, primaril�, trestment with hepatitis B immao� globulin (HBIG). . POSSIBLE STDE EFFECTS FROM THE VACCINE: The most common side rffect is soreness at the site of injection. Illnesses, such as nturologic reactions, have been ccported after vaccine is given, but hepatitis B�accine is noc bcli�v�d to be che caux of these itlnesses. As with any. drug or caccine, there is a cart possibility that allergic or more serious reactions or even deach could oceur. No deaths, however, have been repoRed in persons who have ceceived this vaccine. Giviag hepaticis B vaccine to persons who aze aIready immuae or co carriers will not increase the risk of side effecu. - PREGYANCY: . �+o information is available about the safety of the vaccine for unborn babies; however, b�cause the vaccine concai�s oniy particles that do not cause hepatitis B infectio�. th�re should be no risk. In contrast, if a pregnanc woman geu a hepaticis B infectioa, �this mav cause severe diseue in the mother and chronic iniection in the newborn baby. Therefore, pregnant women who aze ocherwise eligible can be given hepatitis B �accine. QG`ESTIONS: If you have any questions about hepatitis B or hepatitis B vaccine, please ask us now or call your doctor or heatth depanmenc before you sign this form. REACTIONS: [f the person who �ec�i�•ed the �•accine gets sick and visits a doctor. hospical. or clinic during the 4 weeks after receiving the vaccine. please reQon ic to: PLE�SE KEEP THIS PART OF 'I'HE INFOFLti1ATTON SHEET FOR YOLR RECORDS 1 havt itad or havt had tzplained to int the irtjormatiort an this jorm aboat htpatitis B and htpatitis B vaerine. I have had a chaace to ask quesdarts _ which w<rt answerrd ta aey saacfaeriart. 1 beliavt 1 undentand t6t benef�ts and risks ojthe hepaiitis $ raccine artd reqrr�rtlhat rt be givert to me ar rn the persart nan+ed below fo� whom 1 am autkori:,sd to make this requesL HEppTITIS B - ' ' 'J1/90 - AlOtIT PE�SON 70 RECElYE V�C3NE (PwsN Pmq tssuV.rrr ACdr�sa Gty $,�+anx+ ol PK�on o no�.+ �ti � pw7p1 i�f10�C1d D rt1MI f1� /�011�L ffsc wn+� Can+ry M B`o+eaa� Aqt $ay DO Dar 11E FOR C13NIC t�E C1iniC 10+r+t Oa1� Vacanaond �V{�l1ViC3lf�f i'td LAt NO. 5ta of I�Ncm� � M�MORANDUM , TO: William W. Burns, City Manager �'� . PW91-68 �. FROM: John G. F1ora,��lic Works Director Mark A. Winson � Asst. Public Works Director �yy Jon Thompson, Constructian Inspector DATE: SIIBJECT: March 11, 1991 City Council Award of Corridor Maintenance Project No. 217 On Wednesday, February 27, 1991, we opened bids for the Corridor Maintenance Project No. 217. This project covers the mowing, spring cleanup, weed control, and trash pickup of approximately 60 acres of right-of-way along University Avenue and East River Road from Apri1 15, 1991 to August 1, 1991. Twelve (12) potential bidders xeviewed the plans and specifications and five (5) bids were received. The low bidder was Ghemlawn Services Corp. with a total bid of $15,522.00. The low bidder's background was checked and found to be acceptable. Bid Item A is for the University Avenue mowing and spring cleanup. Bid Item B is for the weed killing application on University Avenue. Bid Item C and D are for the same items for the affected areas on East River Road. MnDOT personnel will take over maintenance of the August 1 and will continue until the end of the See the attached map for the areas in question, corridor after growing season. If the Council desires, recommend that the City Council award the contract for Corridor Maintenance Project No. 217 to Chemlawn Services Corp for $15,522.00. JGF/MAW/JT/ts Attachments 12 / � C.Illf OF Fwa.�r �,\ 0 0 0 0 0 0 0 0 0 0 . a N o N o 0 C-�1 H !n O ONp � N O P�t • . . H �n o� rn N r �-1 rl rl N M t/} t/� Vi Vi �h O O O O O �' O O O O O (ra . . E� M O In O !n H O O N O c'� Q A O co co r� � �r ri � vr v� r� vr r�r • o 0 0 0 0 � � o 0 0 0 0 � . W . . . . � �cC H �n o �n o � N H I� O l� O e--! o U o0 0 �o rn a� • o A • • • • z� � N �, � M N a H � � � � � � O U � o 0 0 0 0 W W •� � o 0 0 0 0 h c+ W • � O c+ H rn o o O o � a � ~ 00 o c�v o�o rn aoi c1� • A - . o w � H �; �, N N � a � N oa o � {rr r�r v} v} v} a � Q H � W o 0 0 0 o Q Q A H x a E �n o c� O o H H H � 1Q'j W H R'i �O O In M O CA W A�i � W H 00 N d� t[1 O ,'� 'z, '�'., a • ov r-t � � r� A� v} vr ra v} vr O xi H O tn tn � trf tn U `A G0 PD � � � � � N • N U f� d' t!� O d� � 00 U in �O +� l� W N Z� c� r-i UI M t1'1 O � O O N � u, � a� � w zs w � z � a� �r � RS • Q1 y lCI •'�-� �.," Qi M �"i �i �%t tn N tn •ri Qi �-1 •.-1 ln U N �'J l!� RS �� lf1 N:� lfl �1 In i� S-1 �Q', � -r��1 A H� d� a.S-1 � �� S-1 �� U � � � � N tn � Q U �i:� �i' N rZ'i �.`�''. � r-1 �O �.., � � � � � a �x t� w m y � N� � •��r • rt rtt� � O 1� RS � O?, 3-i � 3 i-+ �.� N +� c� u1 z� �7 Ul +� c� m o u as a 3 s� � a� � �-� c� �s .0 u o �o -�+ o -�+ � N•.� U � c� U o +� zs a� x � oo c� ,--i Sa +� � N � �� a�� Ns� cn� o�a s�ko aNO �xo 3•� ?, ?C � � r� ?� tr � o o ?� +� o t]� � i� � o t� cd 3•-i � t1� Q � d� � 3� -.� .1-� Z t r-1 G GO c6 � W«f O PD cC r1 X O � � rl N�� X O N O � � (U � a� O �2 �n N 1 TJ A � r-1 O U Q +� cr � -rl •� N O O rl N• N •�-I � O� E-+O O O� UI O� ,9 Q� u�� 3�c�n �rnw N�� hr � �a� u�� ww� � 12A N w � a �Q O OD H W H N AQ N 00 . r � W *� � Ei N H • O Q U O •• H z •-+ ov a H � O U � w w •� � ti o+ w a °a °+ H � a � A ca W Ci N f�o a �z a w a � � x a H o o A A a: � W H� W W GQ f� a w� z z z z � � a m a o x No U `A at 04 3 U O +� N l0 H z � � �� e� ln Q� � d' Ul fn c'7 � I� � N� t11 -.i a�-1 l� � �� a�ia� �A s�� c�i �o� �oo `�.e� �w� rl �" r-I � 1�-i 3�1 N U.0 �" •� U� � zEiC7 �� Wz•� �coa .�r�i� 3d' � �r�ia oo� Oo c� �0000 � O�� xc�cn z�� cnc�a N�-+w 12B T _._—'—`.'L�.'�T � 1�.�., . r - !'�,'_'''' �'�� ' : �::� �':��::: ;,%:1 ti =:.�•.;--.:;,�.,,.i •� ••.J . _ NORTH OF OSBORNE ,.r, : � MEDIAN � WEST SIDE ONLY � � �-�c. J � -• -.: �1� '''` t � y� � ,',�:. � . � '�!�� ti � �_ \ ' '.. —, r—T--:,.. _ i , ��i " �''�' .\� ; :;�:"? �?`•� I �' :t "�: �_..',':>�. •�: ,�::a.;��,l;.,�;� � ._� � ., t.-�. � •.. \'• '"� � �� r� ,i _;' a . ,b, �' u^_ 'r'�� . ," , . �;�. CENTER MEDIAN �� :�s��' . 3 c INCLUDED :-�-�;;7L —'.-- �''_� : :� , ; _ 1L.a �. t � �r*.�,��'`_`:.�..� W� '►E . ; � !j �� k] i` �r � �� ,.:_•� •i 1'! •. ' ' • * .r� f � � (�I 0 •S � _� �"-'-i � _e� _ l .-��?,,. �_ /L ±�J •-i-:': —' �� .� ; a '" � '.�: .�' � ! ..:� rl• � . N •'�l I�':f _ . N � � :� C � � � l,i . : T �' �. �--�� ':�\��,� 1} c='�.��.r.`+:� •�� _ 1. ;.. '. - -�� y�� 'i .;, o� �, � 11� �� . SLIP OFF;� INCLUDED �� '�1 � ��T�� - Fll� _ � -� - L � FJ !��1 CENTER MEDIAN INCLUDED l t =�•�' t1 f �� 1 � ��jy' c w�.^ / • ' 1*;' _ �i:. - .� ^' . CENTER MEDIAN ONLY ' _.. !.. �. �.• ' - voT�►.c i xs�oo� - --�-•�� _ Drst a�crs � d5'r�CT s — � V �'� _ - . i ^ -_ rt�.�.r�r�- R.� ' � i _�.L.- �' - '--_ ' '�� j .r�':'- . = _ ^ _._. ;;Z J _. _ _ ... � _ ._ ... �. — ' � .�� ....� . / V � � UNIVERSITY AVE. MEDIAN INCLUDED �M�- �;R��, t/l�� 1= 1�•11� :: � �,.-.�.:..------.....+�-..:, _;t � �� • ti 1 J� ��l� ^_ _� . � • � � .r - � '— ;�• --�; L � � �----_. !��-�.—, �. _ _-�� ; _ . ��--_'i .�t' ==I''=_.. . ��`�E� ��;_ �..`�=•'`.. �':.�—� � t � t�! J'=oi.�:-. •� �. t �- � �.-- � . '•;� �-- =� �= :( ;�:=--_ - -_.._-�-�t � `�' ; i ,�- r ---r .-�" -'';.--__ "=•t... - - —" _�--��-.i�.—z--� , _" • �� _ -- ~_ -�/_ r ' .. _ `I ! t� .»�+-� � - �r�- w ,,,_ . . � : i-: �ct•• :'` � � � NOTE: HIGHWAY FENCE ENDS AT 69TH AYE. �-. _- : :�..� - _'r' .��- • - ��..�i`°`�: �.'•--�? ' �-�z._� �_-• �e+� ��'�'1 �� F�-� : :1:•: "�ti`;.`: J � -' �, <: �� CU7TING RE�UtHED ON �� ;�;`: �; j: U��%�i �BOTH SiDES OF FENCE _,:;'y��= r;�--�. ��'�✓,' s�'1� I. I ;��:'a �� '' �� '��.�1 �� f�I ._i� • - ' t'-I_ ' � •.�._ �� t—:�� . � �� a��. �_ �� — ''�'z. ,+: := li i ~ ?�:l�� ,;� - s� ` �� _ ;:. ,3 -- , ,, , j � �� i� ; ,�� ' 1 I� '.6 � • i �� i t I i _ _ ��r,�A ;1 1 ! ',�--T'.�,�'I .. <<.� ��r��-� �'�7 �_ � �� _ ' .'�:� �� ;�;1` _=- =- n''r�� I I �•4" " `. � �[ �'' �..� �`" �- '•J� -+:.r�:=:`'c== �; �� - 1111� ___rt = _ ro°�� /rJ,.,� .,►.._._. /i�� ` � i % ` �'� �� ; � `,,�i�� i � ��, � , 0 �� v�� , �t ��'� � � ii ii n ��. ■■.. �_ � =�1, � * i�W�l'i � ,Y� ��\ ` 1 SJ•.1� . ' � � � I C�" !.� �- r /\ - - J � k-,�s' CUTTING REG1UiRED ON�O 7,, � i.., • -y I �BOTH SIDES OF FENCE� _ > L� 1 = '' ' �� _ � - _ I � , ,_ = r � .� - = a !ln�? �c �, �� -«• �� PROJECT # 199 j .,�......... .,�, �_• _.. _; �� .�J ^^� ..��.wrw �— � ��=_ — _C C. �_= ��S+�C i ~:' y ` ' �= �"J !�i � L-�? �7L a a:: ° __ -a =_• � — �_ _ _.:: __ � : � « �_s s s— �s- `s = -- _= ens o c-- �_. � ��:- ^ «=� � �_: - � _ oc= - r:_�a_ -__- a �� TO: William W. B�.izTLS, FT�GINI: L1ATE: M�MORANDUM � �. City Manager�, ' Jahn G. Flora, �Public Works Direc..tor Bab Nordahl, Operations Analyst Mal�h 18, 1991 8[�7�CT: iLeaa�nex�datio� to Pumhase M�tor F�e1 Adverti� for Bids for the Autaaated Equi�nent/Vehicle Cost fbntrol and R�epair Project No. 219 PW91-85 Disper�sing Pimq�s �ryd tro F1a�e1 Dispensir�cJ S�iste�a►. Parts Irrver�tory Syst�s The City Cauncil identified $45,000.00 in the 1991 Public Works C�pital Imprvvement Plan tro replaoe the existing fuel p�mg�s aryd aut�nate the fuel dispex�.sing system at the mounicipal garage ar�d add �terized equipment/vehicle c�ost control and repair parts irYVentory system. Zb date, we have zeoeived three (3) written quotations for the new fuel dispensix�g 17tnt�ps r�eeded to autcanate the fuel aontrol syst�n. 7he Hale ocanpanies is the law bid for three (3) Bennett fuel p�s with installation ancl trade-in of the existing ptmq�s for $4,267.00. The specifications ar�d oontract doc�unents have been prepared ar�d we are nvw readY to advertise for bids for the Autcanated Fuel Disp�nsir�g Syste2n with an c�tion to bid the Frniipament ar�d Vehicle Cost �+ol and Repa'ir Parts Inventory Systems. Separate specifications will be sent to software aoanpanies who specialize in equipanent/vehicle cost oc�ntrol ar�d repair parts irYVentory systems. It may be oost effective to award bids separately for the equipment control and repair parts iriventory syste�ns. Bids will be apened the sam�e daY, April 17, 1991, at different tim�e pPxiods ar�d the analysis and reowtamer�dation will follaa. Rec�tm�a�d the City Crnulcil approve the p�urchase of the fuel di.spensing p� to i�al.e Carr�panies for $4,267.00 and authorize the advertisement for bids for the Autoatt�ted Fliel Di.sPe'.�LSing System ar�d F'R�i�*�t/VehiCle Cost Gontrol a1x1 Repair Parts Irrventory 5ystems. MOTION: Motion to apprwe the advertisement for bids for the Auto�nated FLiel D1SI�x�sin9 SYstem. Equil�lt/Vehicle C7ost Cbntrol ar�d Repair Parts Iriventory Systems identified in this 1991 Public Works C�pital It�rovement Plan. JGF/�T/]�1 13 t � C.Cllf OF �� .�,� ; � : �': � vtce ts ri:oi pei�`oimed. . �.,, . � . , .��- microc�up �hat can be program ��" , t�; The ChipKey also ;�ncludes' �= med and reprograrrimed 3xo su2t . �i�! �i'i' ± our unique mileage reasonabil your specific fueling needs:`The ��^ '' , ity feature _.You wnte aU, �� G��iipKey;��s on any key rwg and � ,.,, � minimum, and `tn�cirrium _ �s�mptissible to duplicate �:; �` ?�-°- mileage rangeinto the�LlupKey;� �� Bu�ng a new fueling systems �; the next mileage entry'�must be � meaiisyou�rieed to educatQyour t� " <�, �d within that range for°fiieling to` ;_ self about the possibilities. With �::: be allowed. Because .�`currerit � the new Z?eiro Vend ChiPKeY, the ': ;; ;- u!'/ ' mileage is : wntten �=�iiito �the . .possibilities are truly limitless � �k % P ChipKey, the data tra�els with" , ;. Limi�Iess t�ecause ihe Chi ` Ke �< , ��''� the vehicle from P Y Point to point. ._ adapts perfectly to change.: $e- .� ;.. . � ' . So it's perfect for multi-site use . cause even;if your needs haven't changed rece�tly, and you eliminate costly dedicated plione lmes.< they won't�stay the same�forever °� � �=` r�Plus the ChipKey�iits�perfectly into new or existing" �` Flexibility is what makes the ChipKey smart: K-3000 Series Systems, saving you time and money° : Programming the ChipKey is easy. In fact, you on installation. '` can encode them yourself (or Petro �end will do it For more' information about the reriiarkable for:you). Change fuel type restrictions and quantity ChipKey, contact your Iocal Petro Yend distributor limits, validate or invalidate keys instantly. You can or call us at Petro Vend. And put your education to even flag uehicles for seruice—and refuse fueling if work for you. r�. -. _ - _ � :_ 6900 Santa Fe Drive • Hodgkins, Illinois 60525-9909 U.S.A. •(708) 485-4200 • Fax: t708) 485-7137 13A How the system works . . . . . GEMS gets data from many sources, ail of which can be entered on•line. The user•friendiy format allows for fast information input and retrieval. ��;1�� • PRINTED INVEPiTORY • WARRAf�ITY NOTIFICATION •STOCK REORDER • PHYSICAL ICIVEHTORY • VEh{DOR COSTS • DEAD STOCK NOTIFlCA710N • LOCATION TRANSFERS • MOVEMENT HISTORY • OVERSSOCK NOTIFICATION FuEL • F(fEt SYSTEM fNTERFACE � � INVENTORIES • EDIT CHECKS • AUDIT REPORTING • EXCEPTION REPORTING • LOCATION TRANSFERS • OIL ISSi3ES • VENDOR COSTS LABOR � INDIRECT �E{��NG • STANDARdS EPORTING • AUDIT REPOF�n� � EMPLOYEE C �MPARISOCIS G E M S � I WORK C IRDERS • STATUS • REPETI7IVE REPAIRS RESEARCH LYSIS COPITROL 13B EQUIPMEnT • ExcE�on R�o�nr • EQUIPMF�T STA7US • VEHICLE SPECiflCAT': • MESSAGE NOTfS • EQUIPME.PIT REPLACE • DEPRECiATION • STATISTICAL REPOR- • PRIPffED INVEI�f'i0R1E • P.M. SCHEDULING BILLInG • LEASE RATE Bltll�4C • DIRECT BILLING • DAILY RENTAL BIWf • REPLACEMEnT FUNC Eagineeri�g Sewer Water Parks Streets Maintenance MEMORANDUM p� TO: William W. Burns, City Manager �� PW91-84 FROM: John G. F1ora,�Public Works Director Mark A. Winson��Asst. Public Works Director DATE: March 15, 1991 SOBJECT: Street Improvement Project No. St. 1991 - 1& 2 The attached resolutions order the final plans and specifications, approve the final plans and specifications and orders advertisement of the Street Improvement Project No. St. 1991 - 1& 2. In order to achieve economy of scale and reduce total administrative overhead, Street Improvement Project No. St. 1991 - 1(overlay and miscellaneous paving) has been combined with Street Improvement Project No. St. 1991 - 2(73rd Avenue). As a result, the following are included in Street Improvement Project No. 1991 - 1 & 2. STREET IMPROYEMENT PROJECT NO. ST. 1991 - 1 Bikeway 73rd Avenue to Community Park Bikeway 73rd Avenue to Locke Park 81st Avenue (overlay) Highway 47 to Hickory Street 83rd Avenue (overlay) Main Street to University Avenue Service Road Hickory Street (overlay) 81st Avenue to Dead End Starlite Circle (overlay) Fire Training Center Paving West Moore Lake Drive (widening) Intersection of Highway 65 STREET IMPROVEMENT PROJECT NO. ST. 1991 - 2 73rd Avenue {MSAS 307) Symphony Street to Baker Street 74 / � CJ7YOF F1iiDl�.Y Page Two - PW91-84 The total estimated improvement cost for Street Improvement Project No. St. 1991 - 1& 2 is $532,000.00. Funding for this project will be provided as follows: Assessments $315,000.00 Fire Training Center (CIP) $ 25,000.00 Street Fund $192,000.00 Request the City Council pass the attached resolutions at the March 25, Z991, City Council meeting. JGF/MAW/kn Attachments �4a ItE'�90I�I0�1 N0. - 1991 �• � •� • •��.�• � � �• •.• • �+ ia+ • u � �• - ;: � i. • a �� «� •i �: • i� � r� �: • � ��. i�• �• � •�a+ � �� •.� • � i�+ • •,• a • �, Resolution No. 23 - 1991 ordered the preliminary plans, specifications and estimates of the costs thereof for the i�rovements in this project, and �S, Resolutioll No. 24 - 1991 x��eivirlg the prelim��rv l�eport alxl C311ed for a public heariryg on the matter of the construction of c�ertain improve9ments for this project, ar�d �EP,S, a public h.earir�g was held oai March 4, 1991, re�ga�ling this project. NaW TF�REFOI�, BE IT RE,90L�TED, by the City Ccxaricil of th�e City of Fridley, Anoka Qo�nty, Minnesota as follaws: 1. That the follawing improvements praposed by Cauicil Resolution No. 23 - 1991 are hereby o�lexed to be effect.ed ar�d �leted as soon as reasor�ably po�sible, to-�wit: Street i�rc�vements, includirig grading, stabilized ba.se, 2wt�nix bitucuir�aus mat, concrete curb ar�d gutter, sidewalks, bikeways, water ar�d sanitaYy sewer s�xvices, stflrm sewer sYstem, lar�dscaPing, ar�d other facilities located as follcxas: STItEET PRaTEGT I�X?. ST. 1991 - 1 BI�1Y3 7312D AVENUE 'DO IX�AINITiC PA12K BIREf+�iYS 73RD AVENUE TO IIOC'd� PARIC 1991 O�VERLAY P�LOGRAM FIRE TRAINIIaG C�TT'ER PA�lI1�Ki WESP I�ORE LAI� DRIVE AT ffit�TAY 65 STREET PI�O�T�GT 1�. ST. 1991 - 2 73RD AVEN[JE (1�SAS I�U. 30?) SYMP��O�tiC ST�ET TO BAI�R STREET That the work irrvolved in said impravet�nts as listed abwe shall hern.after be design�ated as: b"iREET P�ATF�CT I�U. ST. 1991 - 1& 2 2. That the work to be performed under this pro j ect may be perfontred ur�dex one or more oontracts as may be deemed advisable upon reoeipt of bids. 3. That the Public Works Director, Jatin G. Flora, City Hall, FYidley, Minnesota, is hereby designated as the Engi.ne�r for this improvement. He shall prepare final plans and specifications for the making of such im�rovements. PASSID ADID ADOPI'ED BY TfiE CITY QOI�CIL OF � CITY OF FRIDLEY 'I'fIIS 25T8 DAY OF MAR�CEi, 1991. i�IYY�.�� 11 • /• • • • • �1 �I• WILLSAM J. NEE, MAYOR � � RE90I�Ti'I�TT 1�U. - 1991 •i� i I •�; • •�� • � � 1• •,� � � i� n •,� � • • • ti • I � • ' �, :rl' � • � � yl'.i �i 5� I �i • ' : / � J ' �i � I "', � � � I 51 •. � a • �,5, Resolutio� No. 23 - 1991 ordex�ed the preliminary plans, specificatioa�s an�d estimates of the c�osts thereof for the improve�r�ents in this project, arid �8, Resolution No. 24 - 1991 receiVed the Prel�m��rv Engitieeriryg Report and set a public hearing for the impravements in this project, ar�d �EAS, a public hearing was held on Marc� 4, 1991, r�egaYdir�g this project, ar�d �S, Resolution No. - 1991 orde.red the imprave�nent ar�d final plans and specificatiar�s ar�d estimates of vost for the iu�rw�nts in this project. I�7W �ORE, Bg IT RFiSOLVED, by the City �il of the City of �idley, Anoka County, Miruiesota as follows: 1. 'Ihat the follawing i.�rovements pr,cyposed by Oauncil Resolution No. 23 - 1991 are hereby oYdered to be effected arid oc�mpleted as soon as reasonably possible, to�wit: Street i�ravements, includiryg gradirig, stabilized ba.se, hot-3nix bit�nninaus mat, concrete curb and gutter, sidewalks, bikeways, water aryd sanitary s�x services, storm sewer system, landscaping, aryd other facilities located as follaws: STREET IM� PI�O►T'EC.Z' 1�U. ST. 1991 - 1 BIREWAYS 73RD AVF�I[JE TO O�Il�[�iITSC PARiC BIREWAY3 73RD AVEN[JE 'PO IDCI� P�RK 1991 OVERI�AY PI�fJGRAM F'IRE Z'RAtNIl�G �ER P�VIIaG WEST MOORE I�1i� DRIVE AT ffi(�Y 65 STItEET PT�7ECT I�. ST. 1991 — 2 73RD AVENtJE (MSA3 1�U. 307) 83�1Y SI'REET Z�O Bi�R S7.itEE,T That the work imrolved in said im�rovements as li.sted above shall hereafter be designated as: SrRE� PROi7EGT I�U. ST. 1991 - 1& 2 2. Zhe plans ar�d specifications prepared by the Public Works Dep�ent for such impravements aryd each of them p�ursuant to the Coiuici.l resolutions heretofore adapted, a c�opy of which plans ar�d specifications are hereto attac�ed and made a part thereof, are hereby appraved aricl shall be filed with City Clerk. The Public Works Direc.•tor shall a000rdingly prepare ar�d cause to be inserted in the official newspaper advertisements for bids upon the making of such 15 RE90LUTI�i 1�. - 1991 P�GE 'I�O improvements undex such approved plans aryd �pecifications. The advertisement shall be published for (3) three weeks (at least 21 days), and shall specify the w�rk to be darie and will state the bids will be o�ened arid oonsidered at 11:00 A.M. OTI Tf�; 3ST DAY OF 1�Y, 1991, in the �il C�imbers of the Fridley M�ar►icipal Center aryd that no bids will be oonsidered unless sealed ar�d filed with the Public Works Director arid a�anied by a cash deposit, bid boryd, or c�rtified check payable to the City for five peroe.nt (5�) of the amotuit of such bid. That the advertis�ament for bids for STR�T P� NO. ST. 1991 - 1& 2 shall be substantially in the standard form. 2:i:�1� • I� • �• • �i� Y'1' M N'U W� •)' �:I' M •1' • I� �. YC/ : Y. �• • I� •.N: ATl'EST: �•7:/�: �1 .►: ' • MYY N �I' . 15A WILLIAM J. N� - MAYOR ��: FROM: DATE: Engineering Sewer Water Parks Streets Maintenance MEMORANDUM William W. Burns, Cit John G. Flora,l�Public March 18, 1991 y Manager � �• �' Works Director PW91-77 SUBJECT: Columbia Heights Joint Powers Agreement(�VISED) Within the 6 Cities Watershed Management Organization Plan, the cities of Fridley and Columbia Heights had identified two projects along the Fridley/Columbia Heights border. One was the diversion of Highland Lake water into Clover Pond, the second was acceptance of the additional Clover Pond water with the reduction of flooding to the rear of the 52nd Avenue properties. The City of Columbia Heights has expressed an interest to completed these two projects this year. In order to accomplish this work, a joint powers agreement needs to be executed between the two cities. Fred Salsbury, Director of Public Works from Columbia Heights, and I have drafted a joint powers agreement which establishes the City of Fridley as the contracting agency to retain a consultant to design the improvements and upon a joint approval of the plan to execute the contract for construction of the improvements. The cost of the consultant and construction would be shared jointly by the two cities. As a means of improving the storm water runoff in the southern portion of the City, it is recommended that the attached resolution authorizing a Joint Powers Agreement between the cities of Fridley and Columbia Heights be approved and executed by the City Council. JGF/ts Attachments LL�: • ➢:+ �31 � 694 ui > Q � _ � � � W > z � MISSlSSlPP! ST. $ubwatershed Divide Minor Watershed Divide — -- Flow Direction — DR. �P�� Q ............. .._ . � 2000 .. ... � 0 J Scale in Feet Oi: / . u� �.` � �s.- � r �. H '� 57TH AVE. N.E. � ' R�I.1{R � � i � �� O N�� A' TER TtA�R ) `, �p, . : ��1-�. PONO 3ULL1V � O ND M�� E. N.E�. _ �-- -� LAKE � J� " -.��r.w�. 1,.. .. ` • � �� 51 S T q N.E. � 7E . S E'� _ 40 � � i P��'�t O�VER 1�1 dND � . ^ PaNO f LAK . € Z � 49TH AVE N.�. � t� ~ �� PROPOSED � W � D/VERSIE1N � � s C� ,�. � �- --� .�.. ..._, � , � `� � ° < l '� z� < 467H AVE. N.�� ►-� 45TH A .. JACKSON PQNQ �` _ �� 44 i H V�. N.E. `. w � ui SILVE, Z � ¢ � � LAKE !- J � � ` Q 42ND VE. N.E. . �-I- 1.► -- � '`" - � � w / O v�v � �� / ��. �,, �� •��''�;..� `c J� C`�,�. �_}�s' LABELLE POND ,$'S� Q 9Tt�;I,aY�, IV, �;; HART ��' LAKE _ 37TH AVE. N.E. :'� X— Figure 6 SUBWATERSHED CFH SOUTH y6A RESOLIITION NO. - 1991 RESOLIITION BETWEEN THE CITIES OF COLIIMBIA HEIGHTS AND FRIDLEY ESTABLTSHING A JOINT POAERS AGREEMENT FOR THE STORM SEWER IMPROVEMENTS ASSOCIATED WITH THE CLOVER POND AND 52ND AVENUE FLOODING WHEREAS, Columbia Heights and Fridley have entered into an agreement to establish the Six Cities Watershed Management Organization pursuant to Minnesota Statutes Section 473.877 on December 22, 1983, and AiiEREAS, the Six Cities Watershed Management Organization Plan identified certain joint storm water improvements within the Capital Improvement Program, and AHEREAB, two of these improvements were the diversion of Highland Lake water to Clover Pond and the reduction of flooding behind the homes on 52nd Avenue, and WHEREAS, on February 19, 1987, the two cities agreed to share equally in the costs of these improvements and enter into a Joint Powers Agreement to accomplish them, and WHEREAS, it is desired to accomplish these two improvements in 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY FRIDLEY that a Joint Powers Agreement attached as Exhibit A" is authorized to be executed by the City Mayor and Manager for the campletion of the storm water improvements associated with the diversion of Highland Lake to Clover Pond and the reduction of flooding south of 52nd Avenue. PASSED AND ADOPTED BY THE CITY COIINCIL OF TIiE CITY OF FRIDLEY THIS 25TH DAY OF MARCH, 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK - • .� AGREEMENT BETAEEN THE CITY OF COLQMBTA HEIGHTS AND THE CITY OF FRIDLEY FOR STORM SEWER IMPROVEMENTS AGREEMENT, made and entered into this day of , 1991, by and between the City of Columbia Heights, hereinafter called "Columbia Heights", and the City of Fridley, hereinafter called "Fridley". WITNESSETH: WHEREAS, Columbia Heights and Fridley have entered into an agreement to establish the Six Cities Watershed Management Organization pursuant to Minnesota Statutes Section 473.877 on December 22, 1983, and WHEREAS, the Six Cities Watershed Management Organization Plan identified certain joint storm water improvements within the Capital Improvement Program, and WHEREAS, two of these improvements were the diversion of Highland Lake water to Clover Pond and dealing with possible methods of alleviating flooding problems experienced by homes south of 52nd Avenue, and WHEREAS, on February 19, 1987, the two cities agreed to share equally in the cost of these two improvements and enter into a Joint Powers Agreement to accomplish them, and WHEREAS, it is desired to accomplish these two improvements in 1991. NOW, THEREFORE, it is mutualZy agreed as follows: � Fridley will retain an Engineering Consultant to design the diversion structure and flow from Highland Lake to Clover Pond plus 16C AGREEMENT Page 2 the reduction of flooding behind the homes on 52nd Avenue. The engineers for both cities shall confer to insure compliance with the intent of both cities. The cost of this desiqn to be shared equally by the cities. II The cities shall review the design and upon approval, the project shall be advertised in both city's legal newspapers and constructed. III Upon completion of the projects in II above, the cost shall be shared equally. The engineers for both cities shall confer and review progress periodically to insure compliance with the intent of both cities. Before either city is liable for any costs, both cities through their engineers or agents shall have determined that the work is completed, and shall have obtained the respective City Council's approval for the expenditure of the necessary funds. IV All accounts and records kept by Fridley and Columbia Heights with respect to any of the items mentioned in this agreement shall be subject to examination by representatives of each city. V Before this agreement shall become binding and effective, it shall be approved by resolution by the respective City Councils of Fridley and Columbia Heights. 16D AGREEMENT Page Three IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed in their behalf respectively by their proper officers thereunto duly authorized and have caused their corporate seals to be hereunto affixed as of the day and year first above written. In Presence of: In Presence of: 16E CITY OF COLUMBIA HEIGHT3 Mayor City Manager CITY OF FRIDLEY Mayor City Manager �, �: � ` �:: f„ � M E M O R A N D II M " DATE : MARCH 2 0, 19 91 �`/1,� , `4 TO: RILLIAM W. BIIRNS, CITY MANAGER�• FROM: JAMES B. FROEHLE, PIIBLIC INFORMATION SPECIALIST RE: CC LIIDWIG RE30LIITION As part of the Mayor's nomination package for the C. C. Ludwig Award, I am including a resolution to be signed at the March 25th Council meeting. Unlike most resolutions, it will only be signed by the Councilmembers. 17 RESOLUTION NO. - 1991 A RESOLUTION AUTHORIZING THE NOMINATION OF MAYOR WILLIAM J. NEE FOR THE C.C. LUDWIG AWARD FOR DISTINGUISHED MUNICIPAL SERVICE WHEREAS, William J. Nee has served the City of Fridley in a distinguished manner for 33 years as a Coiamissioner, Councilmember, and Mayor, and; WHEREAS, he has actively participated on committees, task forces, and community organizations, and; WHEREAS, William J. Nee has always actively worked with governors, s�ate officials, and county officials to improve the living s�andards of the average citizen and promote and expand programs for those less fortunate; and WHEREAS, these and other actions have permanently improved Fridley, Anoka County, and the region, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY that William J. Nee be nominated for the prestigious, C.C. Ludwig Award for Distinguished Municipal Service. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF MARCH, 1991. Nancy J. Jorgenson, Councilmember-at-Large Steve E. Billings, Councilmember, Ward I Dennis L. Schneider, Councilmember, Ward II Edward J. Fitzpatrick, Councilmember, Ward III Attest Shirley A. Haapala, City Clerk 17A r I - - � FOR CONCURRENCE BY THE CITY COUNCIL f(tlDL�EY March 25, 1991 Type of License: By: Approved��By: AUCTIONEERS Ano�a Fridley Auction James C.Peterson James P. Hill 17020 Hwy 10 E. Public Safety Director Big Lake, MN 55309 CIGARETTE � Barry Blower Five Star Vending James P. Hill 99 N.E. 77th Way Public Safety Director Fridley, MN 55432 Bill Johnson Amoco Willis D. Johnson " " " 53i1 University Ave. N.E. Fridley, MN 55432 Burlington No.(Crew Off.) MN Viking Food Serv. " " 80 44th Ave. N.E. Fridley,MN 55421 Burlington No.(Diesel Shop) " " " 80 44th Ave. N.E. Frid]ey, P1N 55421 Burlington No.(Main Off.) " " " 80 44th Ave. �d. E. Fridley, MN 55421 Country Club Mkt. Same " 6275 Nighway 65 N.E. Fridley, MN 55432 Fireside Rice Bowl Oliver Tam " 1160 Fireside Dr. N.E, Fridley, MN 55432 Ground Round Same " 5277 Central Ave. N.E. Fridley, P1N 55421 Holiday Plub Erickson Bros. " 250 - 57th Ave. N.E. Fridley, MN 55432 LaMaur MN.Viking Food Serv. " 5601 E. River Rd. Fridley, MN 55421 Sandee's Restaurant Braam Invest.Inc. " 6490 Central Ave. N.E. Fridle_v, MN 55432 LICENSEB 2� � � �� Fees: $20.00 $12.00 $12.00 $12.00 $12.00 " $12.00 " $12.00 " ' $12.00 $12.00 " $12.00 " $12.00 " $12.00 � � FOR CONCURRENCE BY THE CITY COUNCIL FR�p�� March 25, 1991 CIGARETTES CONT. LICENSES Page 2_ Target Dist. Center Twin City Vend. James P. Hill 7120 Hwy. 65 N.E. Public Safety Director Fridley, MN 55432 Target Stores Jerry Williams " " " 755 53rd Ave. N.E. Fridley, MN 55432 � Unocai 76 Se1f Serve The Uno-Ven Co. " 5695 Hackman Ave. Fridley, MN 55432 ENTERTAINMENT American Legion Post.303 Same " 7365 Central Ave.N.E. Fridley, MN 55432 Ground Round Same ° 5277 Central Ave. N.E. Fridley, MN 55421 Shorewood Inn James Nicklow " 6161 Hwy. 65 N.E. Fridley, MN 55432 Stuart Anderson ARG Enterprises " Cattle Co. Rest. 5696 University Ave. N.E. Fridley, MN 55432 FIREARM Stanton Berg Same " 6025 Gardena Ln. N.E. Fridiey, MN 55432 OFF SALE BEER Holiday Plus No. Erickson Bros. ° 250 57th Ave. N.E. Fridley, MN 55432 ON SALE BEER Godfather Pizza Same " 7910 University Ave. N.E. Fridley, MN 55432 1� �� ,� �, � �� $12.00 $12.00 $12.00 $85.QQ $85.00 $85.00 $85.00 $25.00 " $60.00 $325.00 � _ FOR CONCURRENCE BY THE CITY COUNCIL FRjpLEy March 25, 1991 PRIVATE GAS Pl7MP City of Fridley Ralph Volkman 400 71st Ave. N.E. Fridley, MN 55432 REFl1SE HAULER Ace Solid Waste Mgt. Dean 0. Warden 3118 162nd Lane N.W. Andover, MN 55304 Gallagher Serv.Inc. Richard Gallagher Jr. 1691 91st Ave. N.E. Blaine, MN 55434 Hilger Transfer Daved A. Klatke, Jr. 8550 Zachary Lane Maple Grove, MN 55369 Twin City Sanitation Richard Gersdorf 279 Meadowood Lane Vandnais Hgts.MN 55127 Walter's Rubbish George Walter 2775 101 Ave .N.E. Blaine, MN 55434 Wasteco, Inc.dba Ronald Roth Waste Control/Container Serv. 95 W. Ivy St. Paul, MN 55117 RETAIL GASOLINE Bill Johnson Amoco Willis D. Johnson 5311 University Ave. N.E. Fridley, MN 55432 Riverside Auto Wash Randall Olchefske � 6520 E. River Rd. Fridley, MN 55432 Unocal 76 Self Serv. Uno-Vel Co. 5695 Hackman Ave. N.E Fridley, MN 55432 SOLICITOR The Flower Shoppe Mary Lou Box 8484 Central Ave. N.E. Spri ng LK. Pk. ,t�IN 55432 1: LICENSEB Page 3 Exemp t $60.00 $90.00 $60.00 $60.00 $60.00 $60.00 Richard Larson Fire Inspector �� James P. Hill $60.00 " $60.00 " $60.00 $60.00 � _ FOR CONCURRENCE BY THE CITY COUNCIL LiCENSEB FRjp�EY March 25, 1991 SOLICITOR (CHARITABLE) Victory Achievers Linda Jackson 3105 Girard Ave No. C�1p1s.MN 55411j TREE REMOVAL Allstate Tree Service Donald Ley 7510 Jackson St. N.E. Fridley, MN 55432 Reliable Tree Service Peter M. Vagovich 6600 Brookview Dr. Fridley, MN 55432 City of Fridiey Raiph Voikman 400 7lst Ave. N.E. Fridley, MN 55432 USED MQTOR VEHICLES Salvage Center dba James A. Dowds Certified Auto Recovery 3737 E. River Rd. �ridley, MN 55421 CIGARETTE Rock and Roll Unlimited No. T. Wangen 7954 Univeristy Ave. N.E. Fridley, MN 55432 BILLIARDS Rock & Roll Unlimited No. T. Wagen 7954 University Ave. N.E, Fridley, MN 55432 ENTERTAINMENT Rock & Roll Unlimited No. T. Wagen 7954 University Ave. N.E. Fridl�ey, MN 55432 Z�C Paqe 4 James P. Hill Public Safety Director Ralph Volkman Supt.of P.W. m „ James P..Hi71 Public Safety Director James P. Hill Public Safety Director �� « �� Exempt $40.00 $40.00 Exempt $150.00 $12.00 $50.00 $85.00 t � FOR CONCURRENCE BY THE CITY COUNCIL GAS SERVIG�S E.L.K. M�chanical HVAC 6351 - 160th Iane NW R�y, MN 55303 N�oC�i.i.re & Sons Plbg & Ht�g Tnc. 605 - 12th Avemie Sauth Hop]�i.ns, NIN 55343 G'ENERAL 00��'1'RAIL'1�O�R Ideal Hoanes Inc. 591 - 108th Ave NW Goon Rapids, NIl�T 55433 Eden Construction 150 E 107th St Bloa�nirigton, N�I 55420 Englund Ext�siors 3837 Main Street NE Columbia Heights, 1�T 55421 James L. Pat�scii Construction Inc. 3427 Htim�boldt Ave.nue So Minneap�lis, NIN 55408 R & R Cbnstruction Cbrp. 548 Heinel Drive Roseville, MN 55113 Steiner Constxuction ?nc. 1580 RocJ�stone Lane New 8righton, NIl�I 55112 i�ATIlaG E.L.K. MeChanical HVAC 6351 - 160th Lane NW Ramsey, MN 55303 Md�uire & Sons Plbg & Htg Inc. 605 - 12th Avenue South Hopkins, Mt�1 55343 Palen Kimball Co. 550 Vandalia Street St. Paul, MNTT 55114 PT�IDIl�1G Affo�able Pl�unbing & Heating Co P.O. Box 26026 St. Ipuis Park, MN 55426 William Kerns �en N1aGuire � Jeffrey Kurkawski GaLy Stoeck�x c7aig �glur�a Jim Patsch Roger Ri1ey Herbert Eibex�steinPr William Kerns �n N�C�]re Gary Bye Stanley Garfinkle 20D LiCENSEB CLYI)E TiVII.EY Bl� Insp Sam�e TaARRFI, Q.ARK Chief Bldg Ofcl Same Same Same Same Same Q,YDE WI�'Y Bldg/Mech Insp. Same Same STATE OF NIIDIlQFSOTA Plytt�.tth Pltunbing 9290 Zachary L�ne North Maple Grove, NIl�i 55369 SIGN EI2ECTOR Sc�enic Sign C7orp. 828 South 5th Stre�et Sauk Rapids, NIl�i 56379 I�Il�90IatY Myrdal MasonrY Tnc 19387 Jasper St NW Anoka, M[J 55303 Joe Bex�geron Jo Ann Jurek John My�]al 20E Same IaARREL C'ZARK Chief Bldg Ofcl LaARREL CI.ARK Ciziei BZdg Ofcl �s � FOR CONCIIRRENCE BY THE CITY COIINCIL ESTIMATES CINOf MARCH 2 5, 19 91 FRIDLEY Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of January, 1991 . . . . $ 8,250.00 Services Rendered as City Prosecuting Attorney for the Month of February, 1991 ....$ 8,691.33 HNTB 6700 France Avenue South Minneapolis, MN 55435 Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . . . . . $ Mark Traut Wells 151 - 72nd Avenue St. Cloud, MN 56301 470.54 Repair and Maintenance of Well No. 1 Project No. 215 Estimate No. 1 . . . . . . . . . . . . . . . . . $ 1, 500. 00 Repair and Maintenance of Well No. 1 Project No. 215 Estimate No. 4 . . . . . . . . . . . . . . . . . $1, 500. 00