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06/17/1991 - 5103OFFICIAL CITY COLTNCIL AGENDA COUNCIL MEETING JIINE 17� 1991 FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Monda.y, June 17, 1991 7:30 P.M. t� PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN I - -- -- -- --. _ ��_..-..... ITEM NiTMRF.R � FRIDLEY CITY COUNCIL :�NpF JIIN$ 17, 1991 PLEDGE OF ALLEGIANCE: PRESENTATION OF PROCLAMATIONB: Gordon Sangster Day June 18, 1991 National Night Out August 6, 1991 APPROVAL OF MINLTTEBs City Council Meeting of June 3, 1991 ADOPTION OF AGENDA: OPEN FORIIM, VIBITORB: (Consideration of items not on agenda - 15 minutes) PIIBLIC HEARZNG: Rezoning, ZOA #89-04, by Ashland Oil Company, to Rezone Lot 4, Block 6, City View Addition, from R-2 to C-2, Generally Located at 5701 University Avenue N.E. . . . . . . . . . . . . . . . . . . . . . 1 - 1M FItIDLEY CITY CODNCIL MEETING OF JDNS 17, 1991 PIIBLIC HEARIN(i (CONTINiJED) : Vacation Request, SAV #91-02, by James and Linda Peterson and Timothy and Donnett Miller to Vacate the East 110 x 40 Feet of Dover Street as Measured from the East Riqht-of-Way Line of Broad Avenue, Subject to an Easement for Utility Purposes Over the Southerly 20 Feet of the Portion of Dover Street to be Vacated and a Walkway Easement Over the Northerly 10 Feet of the Southerly 20 Feet of the Portion of Dover Street to be Vacated, Generally Located South of 591 Dover Street and North of 7995 Broad Avenue . . . . . . . . . . . OLD BIISINE88: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Deleting Section 205.09.05.D.(7) and Section 205.09.07.F and Renumbering the Remaining Sections Consecutively . . . . . . . . . . . Paqe 2 . . . . . . . . 2 - 2U . . . . . . . . . . 3 - 3A Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning" by Amending Section 205.04, by Adding New Section 205.04.09, "Above Ground Fuel Storage (AGFS) Tanks" . . . . . . . . . . . . . . 4 - 4B FRIDLEY CITY COIINCIL MEETING OF JIINE 17, 1991 Paqe 3 NEW BIISINESB: First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code . . . . . . . . . . . . . . . . . . . 5 - 5A Receive Items from the Appeals Commission Meeting of May 28, 1991: . . . . . . . . . . 6 - 6SS A. Variance Request, VAR #91-10, by Michael Klismith, to Increase the Height of a Fence in the Front Yard from 4 Feet to 7 Feet (a 4 Foot Fence on Top of a 3 Foot Berm), on Lots 7, 8, 9, and 10, Block 3, Spring Brook Park, the Same Being 7905 East River Road ................... 6- 6M B. Variance Request, VAR #91-12, by Robert Amborn, to Reduce the Required Front Yard Setback from 35 Feet to 14 Feet and to Increase the Maximum Square Footage of an Accessory Building from 1,000 to 1,270 Square Feet, on Lot 2, Block 4, City View Addition, the Same Being 405 57th Place N.E. .................. 6N - 6FF C. Variance Request, VAR #91-13, by Leonard Vanasse, to Increase the maximum Square Footage of a Sign From 80 Square Feet to 101 Square Feet, to Allow the Construction of a Free-Standing Pylon Sign, on Lot 3, Block l, Mar-Len Addition, the Same Being 57 - 81st Avenue N.E. ....... 6GG - 6SS FRIDLEY CITY COIINCIL MEETING OF JIINE 17, 1991 Paqe 4 NEW BUSINESS (CONTINIIED): Approval of Change Order No. 1 for Phase II - 3 MG Concrete Reservoir Repair Project No. 200 . . . . . . . . . . . 7 - 7B Receive Bids and Award Contract for Computer Hardware, Software andServices . . . . . . . . . . . . . . . . . . . . . 8 - 8B Resolution Requesting the Corps of Engineers to Conduct a Study for the Feasibility of � Flood Control Project on the Mississippi River. . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9B Informal Status Reports . . . . . . . . . . . . . . . . 10 Claims. . . . . . . . . . . . . . . . . . . . . . . . 11 Licenses . . . . . . . . . . . . . . . . . . . . . . . 12 - 12B Estimates. . . . . . . . . . . . . . . . . . . . . . . 13 - 13G Reconsideration of Approval of Special Use Permit, SP #89-08, 7570 Highway 65 N.E. (Approved at 6/03/91 Council Meeting) . . . . . . . . . . . . . . 14 Set Public Hearing for the Establishment of a Tax Increment Financing District . . . . . . . . . . . . . 15 - 15C ADJOURN: VYilliam J. Nee Mayo� Fridley. MN � � ! � I � Gardon Sangster Day _ � �une 18,1991 , GonlonSangster fias serUed as a District 14 Schoof Boa�d �I�tember for t�e past 27 years; arcd , in t(at time he fias provirlec�leacfership to theScfioo�Boa�dancl District dyservir�g as the BoanfChairnran nine times, as tje N'ue Ckainnare seven tim�s, an�las?�usur�r th�e time.s; and Ni�tf�:�1S, during those 2T years he has atso prnvidec� metropoC�tan a�a anci statewi�e leadership dy turice serving as the Chairman of the �issociation of �fetropolitarcSc�oofDistricts, dy serrrinB on the Boanl of Directors of the �tinnesotaSchoo�Boanfs �ssociation, anc�dy 6eing named to tke �IiJKinnesotaSchoo�Boarrl• and 'Yi�X��S, he has 6een a kighly rnspected fone forgood in the District arrd Community 6otk during times of populationgrowtfi and du�ilcf'ulg, and cfuring ti.mes of population c�ecli.ne and rco�anization; arut M�X��;�„?�,5, his l�nowlecfge of droa�po!'uy iss�ues,grasp of schoofjina�ue, and uuircg commit- ment to students, staff, and community have macfe tiim an invalua6le community r�sou�e; and �i�t�'9�f��LS, Grnrton Sangster is �tiring from tI e District 14 Schoo� Boa� on �une 30,1991, with his last Boanl JKeeting on ,7une 18,1991; �I(Q`Yl: ?X��O�. BE 17�SOL�ED, in recognition of his e.�hnonl'uutry conhr6utions to the �iidley Scfwof Dishict and Community that I, �w'i!liam �. �e, pmc(aim 9une 18,1991 as Gordon Sangster Day in �iYdley an�fthat we join toget�er in cxpressing our appnciation for his sign�t and diverse contri.dutions. I� `TN�Z�A(�SS �fE�EO� , I have set my Fiancl and caused the sea! of the City of �iidley to de affixe� this 17th day of �une,1991. ��C/ , William J. NEE, MAY R • National Night Out 1991 �luBust 6,1991 William J. Nee Mayor Fridley. MN 'i�V�f��',�l.S, the �ationa.�:�issocia.tion of ?own �INatch is sponsoring the Sth �lnnual edition of an important nationwide crime and dncg pr�vention event on sZugust 6,1991 cul.lecf '�arirnaai a(gi. ht Out ; and �Yt�''X�?',�,5, '`� ationcr�J�gi. ht Out'provides a unique opportunity for the City of �i�ey tojoin fones z�i.th tfiousands of other communities across the country promoting cooperative crime arc� drug p�vention; and �f�2�,E,�1'S, it is essentia� tFiat al��iulley citizens 6e made aware of the importance of crime p�vention programs and tFie impac t t(uit tFieir participation can have on reducing crime ancf drug aduse in �ridley; and �11�3f�.�;�',�1,5, neighdorhoodawa�ness, community unity, arufpo�ue anrtcommunity cooperation ar� tfie important themes of the '�' ati.orcaf�gi. ht Out"program; �D�IN, 7�f��0�, B� I7�SOL'i�"ED that I�YV'i.l�iam9. �e, �bfayor of tFce City of �rid%y do he�d y proclaim 7uesday, �lugust 6,1991 as National Night Out in �ridley. B� I7�21�,7�f��,�SOL`I�'ED 7X�17, a!l �rirt�ey citizens a� cafle�l upon to join the �ridley PoG.ce Depamnent ancl participate in, t.�e 8th �Innuaf 'J1�ationa��1(gi. ht Dut ° on �lugust 6,1991 dy having neighdorfiood 6l�c�,parties. IJ1��TN12J1(�SS `YVJf�7�0�, I(i.ave set my fiand and cause�L the seal of tFie City of fiict�ey to de affixe� this 17th day of �une,1991. � %��I�� C/� � WILLIAM J. NEE, MAYOR THL MINQTES OF THL FRIDLEY CITY COIINCIL MEETING OF JIINE 3, 1991 TRE MINLJTES aF TH$ REGIILAR MEETING OF TH$ FRIDLEY CITY COUNCIL OF JUNE 3, 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 Councilmembers and audience in the Pledge of Allegiance. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick MEMBERS ABSENT: None PRESENTATION OF PROCLAMATIONS: STUDENT FOREIGN EXCHANGE WEEK - JUNE 3- 9. 1991: Mayor Nee read and issued a proclamation proclaiming the week of June 3-9, 1991 as Student Foreign Exchange Week. The proclamations were presented to Ms. Lara Claudia Rosales of Mexico and Ms. Saida Mashina Sahari of Malaysia, who were made honorary citizens of Fridley during their stay in the City. Mr. Bruce Harwood, incoming Commander of VFW Post 363, presented these students with American flags. Ms. Sue Davis stated that a host family was needed for an AFS student. She asked anyone who is interested in hosting a student to contact her. Mr. Harwood stated that the VFW needed the Council's support of the charitable gambling program. He stated that if these funds are taken by the State they will not come back to the City. Mayor Nee stated that the City would do whatever it could in this regard. Councilman Schneider stated that Senator pon Frank will address the Council this evening so Mr. Harwood may want to take this opportunity to discuss this issue with him. FRIDLEY CITY COIINCIL MEETING OF JIINE 3, 1991 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING, MAY 20, 1991: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick 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: SENATOR DON FRANK• Senator Frank addressed the Council in regard to the most recent legislative session. Senator Frank stated that Mr. Harwood had raised the issue of charitable gambling funds, and he could not agree more that once the State gets its hands on these funds they would not come back to the cities. He stated that there is a bill that is quite restrictive to monitor charitable gambling, the proper monitoring procedures will cost money, and that this is the reason why the State is taking some of the proceeds. Senator Frank stated that the issue of reapportionment was high on the agenda. He stated that his district begins at 37th Street in Columbia Heights and runs to 91st Street in Blaine and contains, basically, southern Anoka County. He stated that the reapportionment plan, which he voted against, cut Fridley in half. He stated that the plan also provided another precinct in Blaine, two precincts in Coon Rapids, and continued across the new 610 bridge west to Brooklyn Park, Osseo, and Champlin. He stated that this was not satisfactory to him, and the plan has been vetoed by the Governor. He stated that he trusted there will be a more acceptable plan for this area. Senator Frank stated that the Governor also vetoed the bill for reductian in workers' compensation contributions. He stated that the bill had provided a$100,000,000 reduction, and that the Governor wanted a $170,000,000 reduction. Senator Frank stated that another vetoed bill was for health care access which was a test program to expand health care access to those in the State who could not afford it. He stated that it was funded by a seven cent increase in the cost of cigarettes. He stated that this bill did not contain provisions for long term funding which would have financial consequences over the next FRIDLEY CITY COUNCIL MEETING OF JUNE 3. 1991 PAGE 3 several years. He stated that he would vote for a health care access bill, if there was proper funding provided; however, he did not vote for this particular bill. Senator Frank stated that another highly complex bill concerned the Northwest Airlines financing package. He stated that the bill was introduced in the Senate about three weeks before adjournment. He stated that it had several committees to go through, including his committee of Metropolitan Affairs. Senator Frank stated that his committee received the bill on Tuesday and that by Wednesday the bill had grown from about fifteen to thirty pages. He stated that the reading was scheduled on Friday morning; however, that afternoon the Senate leadership ordered the bill out of his committee by Friday. He stated that, subsequently, the bill was passed by the Finance and Taxes Committee and that it.has been signed. He stated that the bill contains substantial financial commitments and that there is concern about the size of the package. Senator Frank stated that another issue was the dislocated workers' bill. He stated that the bill probably would have been vetoed; however, it was placed in a health and human services bill and probably will proceed. Senator Frank stated that there are two weeks until adjournment and that not all the bills have been signed. He stated that some could be vetoed which could result in a special session. Mayor Nee stated that the City is now in the process of working on the budget and does not have information on State funding. Councilman Schneider asked if the formula is known for distribution of funding to cities. Senator Frank stated that this information is not available at this time, and it is not known how the vetoes will affect the cities. Mayor Nee thanked Senator Frank for updating the Council. SCOTT LUND. PRESIDENT OF FRIDLEY '49ER DAYS: Mr. Lund, President of the Fridley '49er Days, welcomed the Councilmeaibers, staff, and Fridley residents to the 17th annual '49er Days celebration. He stated that are several outlaws in the audience selling buttons for $2.00 each whicir is their main fund raiser. He stated that this year the buttons were designed by Emily Goldsberry, a ten-year-old Stevenson Elementary student. Mr. Lund stated that when you purchase a'49er button you can register to win several prizes, including a trip to Las Vegas. He outlined the activities for this celebration which begins with a parade on June 12. He stated that the major contributors this year FRIDLEY CITY COIINCIL_MEETING OF JDNE 3. 1991 PAGB 4 to the celebration were the City, American Legion, Veterans of Foreign Wars, Jaycee's, Lion's, Mark 7 Distributors, Fridley businesses, and volunteers. PUBLIC HEARING• 1. PUBLIC HEARING TO AMEND CHAPTER 205 OF THE FRIDLEY CITY CODE, ENTITLED „ZONING." BY DELETING SECTION 205.09.05.D17) AND SECTION 205.09.07.F AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY' MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:05 p.m. � Ms. Dacy, Community Development Director, stated that the purpose of this ordinance amendment is to delete two sections from the R-3 landscaping sections of the code. She stated that in processing the new landscape ordinance, these two sections were not deleted from the R-3 zoning code and are in conflict with the newly adopted landscape ordinance. No persons in the audience spoke regarding this proposed ordinance amendment. MOTION by Councilman Sahneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:06 p.m. OLD BUSINESS• 2. ORDINANCE NO. 970 ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY CHAPTER 31 ENTITLED "PAWN SHOPS" AND AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES'• MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 970 on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. APPROVE REVISED COMPREHENSIVE SIGN PLAN FOR 100 OSBORNE ROAD N.E. (TABLED 2f25/91 L Ms. Dacy, Community Development Director, stated that the Council tabled this item on February 25 because the correspondence from the petitioner's attorney was not clear as to what was being proposed. She stated that additional correspondence has been received from the attorney, Mr. John Bonner, regarding the new requirements for wall signs for this building. She stated that this letter will be FRIDLEY CITY COIINCIL MEETING OF JIINB 3. 1991 PAG$ 5 kept on file and considered as the comprehensive sign plan amendment. Mr. Bonner's letter stated that the language acceptable to his client modifying the comprehensive sign plan for the property at 100 Osborne Road is as follows: "Tenant signs shall �be internally illuminated, self-contained cabinet signs attached to the building wall. The dimension of the sign shall be a maximum of four feet high by twelve feet long. The square footage should not exceed that allowed by the City Code." Ms. Dacy stated that it is recommended that Council approve this amendment with the stipulation that the existing Discount Tire sign be removed by June 30, 1991. MOTION by Councilman Billings to approve the revised comprehensive sign plan for 100 Osborne Road with the stipulation .that the Discount Tire sign be removed by June 30, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 4. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY DELETING SECTION �05.09.05.D.(7) AND SECTION 205.09.07.F AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY: MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING" BY AMENDING SECTION 205.04. BY ADDING NEW SECTION 205.04.09 "ABOVE GROUND FUEL STORAGE (AGFS) TANKS"• MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RECEIVE THE MINUTES OF THE CATV ADVISORY COMMISSION MEETING OF APRIL 24, 1991: MOTION by Councilman Schneider to receive the minutes of the CATV Advisory Commission meeting of April 24, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF JIINE 3. 1991 PAGB 6 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 22, 1991• A. ESTABLISH PUBLIC HEARING FOR JUNE 17, 1991. FOR A VACATION REOUEST. SAV #91-02, BY JAMES AND LINDA PETERSON AND TIMOTHY AND DONNETT MILLER TO VACATE THE EAST 110 X 40 FEET OF DOVER STREET AS MEASURED FROM THE EAST RIGHT-OF-WAY LINE OF BROAD AVENUE, SUBJECT TO AN EASEMENT FOR UTILITY PURPOSES OVER THE SOUTHERLY 20 FEET OF THE PORTION OF DOVER STREET TO BE VACATED AND A WALKWAY EASEMENT OVER THE NORTHERLY 10 FEET OF THE SOUTHERLY 20 FEET OF THE PORTION OF DOVER STREET TO BE VACATED GENERALLY LOCATED SOUTH OF 591 DOVER STREET AND NORTH OF 7995 BROAD AVENUE: MOTION by Councilman Fitzpatrick to set the public hearing on this vacation request for June 17, 1991. 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 May 22, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF MAY 14 1991: A. VARIANCE REOUEST VAR #91-09 BY SEVIOLA CONSTRUCTION COMPANY �2EPRESENTING ROBERT P. MCKAY. TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 29.5 FEET. TO ALLOW THE CONSTRUCTION OF A GARAGE ADDITION IN FRONT OF THE EXISTING GARAGE ON LOT 6 BLOCK 5. INNSBRUCK 1ST ADDITION. GENERALLY LOCATED AT 5218 MATTERHORN DRIVE N.E.: MOTION by Councilman Billings to grant variance request, VAR #91-09, to reduce the front yard setback from 35 feet to 29.5 feet at 5218 Matterhorn Drive N.E. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE RE4UEST. VAR #91-11. BY MARK HILLSTROM TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 21 FEET, TO ALLOW THE CONSTRUCTION OF A 16 SQUARE FOOT FOYER ONTO THE FRONT OF THE HOUSE, AND THE CONSTRUCTION OF AN ATTACHED CARPORT IN THE SIDE YARD, GENERALLY LOCATED AT 570 IRONTON STREET N E.• MOTION by Councilman Fitzpatrick to grant variance request, VAR #91-11 to reduce the front yard setback from 35 feet to 21 feet at 570 Ironton Street N.E. with the stipulation to hard surface the driveway by June 1, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF JIINE 3. 1991 PAG$ 7 9. REISSUE SPECIAL USE PERMIT. SP #89-08 FOR A NEW TENANT AT 7570 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that when the Council approved this special use permit for Keith's Auto Body, one of the stipulations stated that the special use permit was limited to Keith's Auto Body and was not transferrable to another tenant without the Council's approval. She stated that there are two buildings on this site, and the special use permit for Keith's Auto Body was to occupy the rear building. Ms. Dacy stated that the petitioner for the reissuance of this special use permit is Samir Awaijane. She stated that he is proposing continuing using this site as an auto body shop. She stated that about a month ago, Mike Thompson, one of the owners in the partnership, advised staff that Keith's Auto Body would be terminating the lease. Ms. Dacy stated that Mr. Thompson advised us that he would be unable to meet the stipulations of the special use permit due to the lack of income from Keith's Auto Body. She stated that the petitioner, Mr. Awaijane, is now part owner of the property, and that he will help bring the property into compliance. Ms. Dacy stated that the stipulation for connection to the City's sewer system has been accomplished. She stated that the stipulation for compliance to the building and electrical codes has not been completed. She stated that Mr. Awaijane stated that they will meet these requirements for the rear building by June 15 and for the other building by September 1. Ms. Dacy stated that the trailers have been removed from the site. She stated that the petitioner is proposing a new plan for the storage area for wrecked vehicles. She stated that the proposal is to install an eight foot high fence along the south property line and a twenty foot gate at the front of the storage area. She stated that Mr. Awaijane also indicated that he would like a portion of this area to be gravel and not bituminous, as originally stipulated, as he felt moving vehicles in and out of the area will cause damage to a bituminous surface. Ms. Dacy stated that the Engineering Department has reviewed this request and is recommending a small gravel area be maintained at the site to help with storm water management. Ms. Dacy stated that the parking lot improvements, restriping, and installation of concrete curb is to be completed by January l, 1992, and the petitioner stated that this time period can be met. She stated that the petitioner has advised us that he will request a variance along the frontage road from twenty to ten feet to obtain additional parking and a waiver of the curbing along the south and west. She stated that these two issues will be addressed in a separate application to be presented to the Appeals Commission and Council. FRIDLEY CITY COIINCIL MEETING OF JIINE 3, 1991 PAG$ 8 Ms. Dacy stated that staff is recoiamending the special use permit be reissued to Mr. Awaijane with the five stipulations outlined on Page 9B of the agenda. Councilman Schneider asked if it is the policy to drain all fluids from the vehicles before they are stored. Mr. Awaijane stated that if a car is smashed all fluids are usually drained before it is stored. Councilman Schneider asked if it is better to have the gravel and a liner to prevent contamination. Mr. Flora, Public Works Director, stated that if you have gravel, it can be cleaned and hauled out. He stated that if there is some leakage there is the potential for ground contamination• however, it appears the petitioner intends to have most of the vehicles drained in the storage area. Councilman Schneider stated that there could be an annual review and an inspection of the area for contamination. Councilwoman Jorgenson stated that she is concerned also with items such as brake fluid and oil, which are petroleum based. Mr. Flora stated that the Council could request the petitioner to install a non-porous fabric underneath the layer of gravel. Councilman Billings stated that, traditionally, the Council has required a hard surface but did, in one case, approve a gravel surface, and required a liner to avoid seepage into the ground. Mr. Flora stated that there is a similar situation at Christensen�s Auto Body, and they have installed a liner on their site. Councilman Schneider asked if there was a tracking mechanism so that this could be brought back for review by the Council. Ms. Dacy stated that the tracking is done by hand until the City switches over to the new computer software. Councilman Billings questioned if the hard surface and concrete curb could be completed by January, 1992 since this type of work probably will not be done after the middle of November. Mr. Awaijane stated that he hoped to have these improvements completed in the next two months. He stated that if the Council would rather have asphalt, he would comply with this request. Ms. Dacy stated that if the Council wished to have all the area paved, staff could work with the petitioner on an alternate drainage plan. FRIDLEY CITY COIINCIL MEETING OF JIINE 3. 1991 PAGS 9 MOTION by Councilman Schneider to reissue Special Use Perrait, SP #89-08, with the following stipulations: (1) the special use permit shall be limited to Samir Awaijane, and is not transferrable to another tenant without City Council approval; (2) the special use permit shall be reviewed on an annual basis by staff with a report to the City Council. Should a hearing by the City Council be necessary due to lack of compliance by the petitioner, the item shall be scheduled for City Council consideration as soon as possible; (3) the building code improvements outlined in Darrel Clark's letter of August 30, 1989 shall be completed for the building at the rear of the property by July 15, 1991 and for the remaining building by September 1, 1991; (4) the storage area for the auto body outdoor storage must be screened in compliance with the petitioner's submitted site plan which includes an eight foot wood fence enclosing the storage area. The surface of the storage area for the wrecked vehicles shall be constructed, as recommended by staff, with either bituminous surface or gravel surface with or without impervious liner. The storage area screening shall be completed by August 1, 1991; (5) the parking lot shall be hard surfaced, striped, lined with concrete curb, and landscaping installed as per the staff recommended plan by September 1, 1991, unless the City Council, via a variance request, approves an alternate plan; and (6) the staff's review and report to the City Council shall be scheduled on the first regularly scheduled Council meeting of October, 1991 for compliance with the above stipulations. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVE LETTER TO INNSBRUCK TOWNHOME OWNERS REGARDING FIREJDRAFT STOPS• MOTION by Counailman Schneider to authorize this letter to be sent to the five remaining Innsbruck townhome owners regarding the number of fire/draft stops within their chimney chases. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson felt that the letter should probably be sent by certified mail so the City will know that it has been received. Councilman Billings stated that this may necessitate the owners qoing to the post office for the letter if they are not at home when it is delivered. Mr. Herrick, City Attorney, stated that the reason he would like the letter sent is to advise the homeowners that the condition exists and to recommend that they correct it. He stated that in reviewing material from the State and in talking with Darrel Clark, it appears that the City does not have the authority to demand the homeowners to install these draft stops unless it can be found it is life threatening. He stated that neither the State Inspection FRIDLEY CITY COIINCIL MEETING OF JIINE 3. 1991 PAG$ 10 Department nor the City�s Inspection Department has indicated that this is a life threatening situation. Mr. Herrick stated that rather than demanding they correct a non- conforming use, the City is suggesting that they make this change when and if they undertake any improvements to the chimney. He stated that the letter advises them the condition exists and they may choose to correct it. He felt that it was advisable to have a signed document in the City's files that this letter was received. He stated that someone from the City's Inspection Department could deliver this letter and sign a certificate that they delivered the letter on a particular date. Councilman Billings stated that if the certified letter or hand deliver them, responsibility to hand deliver them. choice is to send a he would accept the Ms. Dacy stated that Darrel Clark or she could deliver these letters to the affected townhome owners. COUNCILMAN SCHNEIDER WITHDREW HIS MOTION, WITH THE PERMISSION OF HIS SECONDER, COUNCILWOMAN JORGENSON. MOTION by Councilman Schneider to authorize notification of the five townhome residents of the number of fire/draft stops within their chimney chases, in a fona similar to the draft letter submitted in the agenda, and allow staff to choose the method of notification providing a signed receipt is obtained for the City's files. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESCHEDULE PUBLIC HEARING FOR JULY 22 1991 FOR AN ORDINANCE ,�Ni�NDING SECTION 2.05 OF THE FRIDLEY CITY CHARTER• MOTION by Councilman Schneider to reschedule the public hearing on this Charter amendment for July 22, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. ESTABLISH A PUBLIC HEARING FOR JULY 22 Z991 FOR AN ORDINANCE AMENDING SECTION 2.03.07 OF THE FRIDLEY CITY CHARTER• MOTION by Councilman Schneider to set the public hearing on this Charter amendment for July 22, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings suggested that a mailing be done to the League of Women Voters regarding these two proposed Charter amendments. FRIDLEY CITY COIINCIL MEETING OF JIINE 3, 1991 PAGE 11 13. RESOLUTION NO. 47-1991 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FUND AND AUTHORIZING TH� TRANSFER OF FUNDS FROM THE CAPITAL IMPROVEMENT FUND STREET DIVISION, TO THE 1989 STREET FUND: MOTION by Councilwoman Jorgenson to adopt Resolution No. 47-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 48-1991 ADOPTING THE AMENDED JOINT POWERS AGREEMENT FOR SIX CITIES WATERSHED MANAGEMENT ORGANIZATION: Mr. Flora, Public Works Director, stated that the 509 Law which established the Watershed Management Organizations was amended by the Legislation in 1990 mandating certain changes be accomplished. He stated that in reviewing the Joint Powers Agreement that established the Six Cities Watershed Management Organization, a number of items required updating in order to be in compliance with the new statute. He stated that the changes include section references, vacancy appointment procedures, consultant retention notices, and decisions requiring a two-thirds vote. MOTION by Councilman Fitzpatrick to adopt Resolution No. 48-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 49-1991 ENDORSING ALTERNATIVE FUNDING FOR STATE AID PROGRAMS• MOTION by Councilman Billings to adopt Resolution No. 49-1991. Seconded by Councilman Fitzpatrick. Councilman Billings stated that he thought it was interesting to note that the State Legislature has created local governing bodies, the counties, cities, and school districts, and given them all the powers, authorities, and mandates. He stated that, traditionally, the only form of funding they have allowed is property tax or State aids. He stated that the State controls the amount of money the City gets from these sources through levy limits and mandates, and if the maximum levy limit is not used the following year, the local governing body does not get as much money because all the money was not used the previous year. He stated that the State penalizes local governing bodies if they do not spend every penny. Councilman Billings stated that the Legislature criticizes cities, counties, and school districts for being fiscally irresponsible, and that they are now coming up with a local option sales tax where the option is either to approve the sales tax or lose all the State aids. He stated that the only source of funding then becomes the property tax. Over an additional $2,000,0000 in property taxes would have to be assessed to make up the loss, and the City does not know if the levy limit will be changed in order to make this FRIDLEY CITY COIINCIL MEETING OF JUN$ 3, 1991 PAGE 12 possible. He felt that this was all a farce. He stated that it is a shame the Legislature is more concerned with political games than they are with providing responsible funding sources for cities, counties, and school districts. Councilman Schneider stated that if the counties or cities chose not to accept this half cent local option sales tax they lose all of their aids. He stated that he agrees with Councilman Billings' statements that this is a ridiculous political game. Mayor Nee stated that in order to replace the loss that would occur if this optional sales tax is not adopted, the property tax would more than double. He stated that, obviously, no one can support that kind of increase in property taxes. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 16. ZNFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 17. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claims No. 37742 through 37900. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTIMATES• MOTION by Councilman Fitzpatrick 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 May, 1991 . . . . . . . . . $ I,928.66 FRI�LEY CITY COIINCIL MEETiNG OF JIINE 3. 1991 PAGE 13 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 April, 1991. ...$ 9,861.00 HNTB 6700 France Avenue South Minneapolis, MN 55435 1. .5 MG Water Tank Painting/Altitude Valve and Vault Installation Project No. 212 Partial Estimate. . . . . . . . . . . . $11,512.50 2. Well No. 12 & Booster Station Improvement Project No. 216 Partial Estimate. . . . . . . . . . . . $ 2,995.30 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilwoman Jorgenson 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 June 3, 1991 adjourned at 9:08 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � � � _ � . DATE: TO: FROM: SUBJECT: Community Development Department G DIVISION City of Fridley June 13, 1991 William Burns, City Manager Jim Hill, Acting City Manager Barbara Dacy, Community Development Director Public Hearing on a Rezoning, ZOA #89-04, Ashland Oil at 5701 University Avenue N.E. Attached is the staff report and minutes from the Ashland Oil request to rezone the 40 foot wide lot immediately east of the existing Rapid Oil Change site. The City Council established a public hearing for tonight to continue discussion on this particular request. We have attached minutes from the Planning Commission and City Council meetings conducted in 1989. As you recall, Ashland Oil filed a special use permit to reconstruct a new Rapid Oil Change facility on the prope�ty. This will be scheduled for City Council action in conjunction with the first reading of the ordinance on the rezoning request on July 1, 1991. Staff requests that the City Council should conduct the public hearing. Jack Lemley from Ashland Oil will be in attendance. BD/dn M-91-414 0 � t STAFF REPORT APPEALS DATE CITYOf �A�� C�� p o�b r 23ep��8ker 27, 1989 F/VLLLI CITY COIaVqL DATE : November 1'3, 1989 ,�Hpq BD/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES � Z��i ��$ PARK OEDICATION ANALYStS FINANCIAL �APLICATIONS CONFORMANCE TO COMPRE�NE PLAN COMPATBIUTY WITH ADJACENT USES & ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMEt�AT10N APPEALS RECOMMENDATION PLANN�VVG COMMISSION RECOMMENDATION ZOA ��89-04 Ashland Oil Co. (Rapid Oil) To rezone Lot 4, Block 6, City View Addition, from R-2 to C-2. 5701 University Avenue N.E. N/A N/A C-2, General Business C-2 to the north and south; R-2 to the east; University Avenue to the west. On site. N/A Within a proposed HRA redevelopment area Yes Yes Potential soil and ground water contamination Approval with stipulations. 1A J t_I 1 ^ 3°� t z� i ze s c�i z � :.... : � � � i.� 2 S T"' 24 & /� ! �. t2 � @ p _ • 2 i �@� i/ t o e �__ i�r .s ie /f', /7� / /f , � ��. a x z r� 3 ` ts ` Y e� s r� `6 as 7 24 B :t�. 9 io = t • � j/ 3c y. /1 ;f V�P V! /B-.,+ /f/nn- V � il'a:' / tq if N.E. � �zs ..3, O _zB- ��a , a �'e' -S� : �A � k'�as �6 ' 23 � ; «>z •q wr 9 .: w i'iC W1Z/ �:/� ..r>10 �'/C !9 � .. c:6 •'/4 / : Y;+�/ —+ i�t. E. s � Y I �io � 2 .. s� g fr: .'3 � f� ,:Y9 ws ran� :p�._� ' � �� ZOA #89-04 Rapid Oil ' � � � ' � � � :�, � �,�.� �� :��:.�:��.�� BZ E3�?'l�€ �:0;��;��;p�� ;�i c�FJ! 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B !i � ' x T ot t e�r�ezonedr�� r� location of existing Rapid Oil 24 � 16 LOCATiON MAP - - - - - -- . . -, :,.�,,..r.. ZOA #89-04 Rapid Oil -- . . .. 1 .. . _� . • � � � � . : � � � '� ' � � . � I � � .. �_ , M , �°� . � � ., � . , �� ' , � + ' � � • , i i •.:. ,� n . .�..._ . �.r . ``. � � _ - � � ��j f�+ 1 �I ' ! ' �n ! � , • � . ; � /` � .� ( �. ~ � y � � � �� , � � � � � . � � .. . 2 � ( � "� � ,.� .% �,�� . �' � � "� � � � � � o � ,�.1- � � ' � , , (; . � � . i . • � �''' ' . � � � . _�' �._� ' � . _ _ � ,T �� ' . ;• � . �.: �- — — _ _ �• � . �� f.� 4 � J . � �� ♦ � • � � � � _ � � � . • � � � •� • 'am►�nv h„�n�n�. 1D Staff Report ZOA #89-04, Ashland Oil Page 2 REQUEST The petitioner is requesting a rezoning for Lot 4, Block 6, City View Addition from R-2, Two Family Dwelling to C-2, General Business. The purpose of the rezoning request is to make additional property available in order that the reconstructed Rapid Oil facility west of the subject property can meet the required setbacks and requirements of the C-2 zoning district. SITE The subject property measures approximately 40' x 140' and was originally platted in 1887. The property is currently vacant and is bounded on the west by the existing Rapid Oil facility, and to the east by a vacant single family dwelling. Both properties are owned by the petitioner. The property is a double frontage lot, with 57th Place along the north side and 57th Avenue along the south side. ANALYSIS In reviewing this rezoning request, the City should evaluate whether or not the intent and the uses permitted in the C-2 district would be compatible with adjacent zoning and uses. The C-2 zone exists to the north and south of the site along the east side of the University Avenue frontage. The intent of the original zoning pattern in this area appe�rs to be to provide areas for local convenience uses for the neighborhood to the east of the commercial frontage as well as to provide commercial services for the travelling public along University Avenue. Given that the existing zoning and uses to the north and south is also zoned C-2, and the property to the south is zoned C-2, zoning Lot 4 would not be contrary to the existing pattern. The uses proposed in the C-2 district will not be compatible with the surrounding uses and zoning. The size of the property dictates that it must be combined with the existing structure on Lots 1 through 3. Therefore, the primary purpose of rezoning Lot 4 is to gain additional lot area and footage to bring the reconstructed oil changing facility into compliance with current ordinances. It will also provide area for the required screening fence along the east lot line. Policy Considerations Staff has advised the petitioner that the City has limited the use of automotive related uses in HRA redevelopment contracts (i.e. Vantage Companies development) along University Avenue. The intent 1E r Staff Report ZOA #89-04, Ashland Oil Page 3 of this effort is to avoid a"gasoline alley" image along major thoroughfares through the City. The HRA will consider its redevelopment plans for this site when the soil testing is completed on the site and the extent of the contamination is known. Approval of the rezoning is conditioned upon compliance with the stipulation of Rapid Oil's special use permit, which includes that the site must be cleaned according to MPCA standards prior to issuance of a building permit. Light Rail Transit Staff has forwarded a copy of the site plan to BRW, Inc. to provide comments regarding the proposed light rail transit route. Comments should be reviewed by Wednesday evening for presentation to the Planning Commission. RECOMMENDATION Planning staff recommends the Planning Commission recommend approval of the rezoning application, ZOA #89-04, with the following stipulations: 1. Compliance with the site plan submitted with the application. 2. Compliance with all the stipulations of the special use permit request, SP #89-12. 3. Approval of the special use permit request, SP #89-12. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval -of the rezoning request, ZOA #89-04, subject to the stipulations recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends the City Counci hold the public hearing as required. Action on the rezoning ordinance should not take place until the results of the soil tests are received and reviewed. 1F i �'' CITY OF FRIDLEY REZONING REQUEST ZOA ��`� :Q� _ 6431 UNIVERSITY AVE. N.E. . FRio�EY, MN ssas2 VACATION REQUEST SAV � � (612)5T1-34b0 PLATTING REQUEST P.S. � :. �. ��• •�. . ,• ��: �� a�. � � i � �• � � •� � � � • �.r 1� ��• a� �� • M� � � � • PROPERTY INFORMATION �mo�� ,nr�s S�o Z c.ttic � vr•r�T � �C�la� I,E�AL DESCRIPrION : LOT �, Bi�OC'TC �_ �2AGT/ADDITD�N � v 1� Qiu/ �O�h-� PRESENT ZCNING `�� Z. R$2UFS.PED ZQ�TING G.-%. REi�SGN �R REQUE�T: A site plan shawing the proposed future use is required for all rezoning. ******************************************************�****�********************** FEE OWNER INFORMATION NAI+� (Please print) ,� v� c�' PHC[�1E � ��.•� SIGNAZURE L1ATE ******** � *�****�***��*��*��*��`��*�"��*��*��'��********�'****e��`�********* PETITlONER INF RMATION � rlAr� (glease print) � FxoNE � .�,.�„ SIGN�.TJ� .-/ ,v '� ************************************************************************************ PLANNING Q�MNIISSZUN : APPROVID D�1IED L1ATE QTY � : APPRaVID D�iIID LIATE � .� STIAJLATIDNS: .. X PLANNING COMMISSION KEETING, BEPTEMBER 27. 1989 - PAGE 2 MOTION by Mr. Barna, seconded by Mr. Saba, to inue on the table special use permit, SP #89-11, by Orthodox Church of the Resurrection of Christ. UPON A VOICE VOT VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION IINANIMOOSLY. 2. PUBLIC HEARING• CONSIDERATION OF A REZONING ZOA #89-04, BY ASHLAND OIL COMPANY SRAPID OZL�: To rezone Lot 4, Block 6, City View Addition, from R-2, Two Family Dwelling, to C-2, General Business, the same being 5701 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY AND THE PUBLIC HEARING OPEN AT 7:3� P.M. Ms. Dacy stated the property is located on the northeast corner of 57th Avenue and University Avenue, immediately east of and adjacent to the existing Rapid Oil facility. The property is vacant and measures approximately 40 ft. in width and 140 ft. in depth. At the September 13, 1989, meeting, the Planning Commission considered a special use permit by Ashland Oil to reconstruct a new facility on the property. The site plan included in the agenda packet is a revised site plan which meets all the setback requirements and lot area requirements in the C-2 district. Ms. Dacy stated the petitioner is proposing to relocate the access drives into the site so that the parking setbacks can be met. Two existing driveway cuts into the property will be removed. Ms. Dacy stated that in evaluating a rezoning request, the City should look at whether or not the proposed district is compatible with existing zoning and uses and whether or not the uses contained in that district would be compatible with adjacent properties. The existing zoning pattern in the area is C-2, General Business, along the east side of University Avenue, abutted by R-2, Multiple Family, or R-1, Single Family, to the east. Because this proposed request would merely extend that commercial zoning 40 ft. to the east, the rezoning should not have an adverse impact to the adjacent uses or zoning districts. Ms. Dacy stated that in the Staff Report on page 2, 3rd paragraph, the first sentence under "Analysis" should be changed to read: "The uses proposed in the C-2 district will � be compatible with the surrounded uses and 2oning." Ms. Dacy stated staff had advised the petitioner that the City has limited the use of automobile-related uses along major entrances into the City, mainly University Avenue. The City has implemented this policy primarily through the use of its development contracts 1H PLANNING COMMISSION MEETING, SEPTEMBER 27, 1989 - PAGE 3 with the HRA, specifically on the Vantage property development at 81st Avenue where The Wholesale Club is located. The HRA is currently studying the 57th Place site as a potential redevelopment site; however, the HRA wants to wait to evaluate the soil tests currently being conducted on the site to detenaine whether or nvt a redevelopment project should be pursued at this location. Ms. Dacy stated that regarding the issue of light rail transit, staff sent Ashland Oil's site plan to BRW, the consultant for Anoka County, and received BRW�s comments back on Tuesday, September 26. Anoka County is looking for a station location to the south of the site where SuperAmerica and the used car lot are located. That is the first priority. �Whether or not the station is located there depends on future decisions as to whether or not the LRT will go over I-694 or will go underneath the bridge at I-694. The second alternative would be to locate a station on the subject property. BRW�s comments, however, were that it was very early in their planning process to make any commitments at this time, but they were encouraged to see that the Rapid Oil building was moved farther to the east. That would give them additional room if additional area is needed beyond the University Avenue right-of- way at this location. Ms. Dacy stated that at this time, the proposed site plan does not conflict with the intent of the plans for the LRT; however, the petitioner should be aware that the site is a second alternative as a station location. Ms. Dacy stated staff recommends the Planning Commission recommend approval subject to three stipulations: 1. Compliance with the site plan submitted with the application. 2. 3. Compliance with all the stipulations of the special use permit request, SP #$9-12. - Approval of the special use permit request, SP #89-12, by the City Council. Mr. Jack Lemley, Ashland Oil, stated he is representing Rapid Oil. He stated he did talk to BRW that day, and it was his understanding after talking to them, that it is going to be quite awhile before the LRT is built. Their guess was about 10 years. He stated, as pointed out by staff, they are setting the building back where it should not cause any problems for a future LRT. Staff has done a very good job in helping them lay out these plans. Mr. Lemley stated he has no problem with any of the stipulations proposed by staff. 11 PLANNING COMMISSION MEETING, SEPTEMBER 27. 1989 _ PAGE 4 MOTION by Mr. Saba, seconded by Mr. Barna, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N HETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. MoTION by Mr. Kondrick, seconded by Mr. Barna, to recommend to City Council approval of rezoning request, ZOA #89-04, by Ashland Oil Company (Rapid oil) to rezone Lot 4, Block 6, City View Addition, from R-2, Two Family Dwelling, to C-2, General Business, the same being 5701 University Avenue N.E., with the following stipulations: 1. Compliance with the site plan submitted with the application. 2. 3. Compliance with all the stipulations of the_special use permit request, SP #89-12. Approval of the special use permit request, SP #89-12, by the City Council. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated the City Council will establish a public hearing date on the rezoning at their October 23, 1989, meeting, so both the special use permit request and rezoning request will go to the City Council on November 13, 1989. 3. CONSIDERATTON OF AMENDMENTS TO THE CITY SIGN CODE: Ms. Dacy stated staff welcomed any proposed changes, c ents, or suggestions to the amendments as proposed by staff. Mr. Betzold referred to #36, "Special Event", er Section 214.02, DEFINITIONS, which states: "An event ch occurs within a designated time period on an annual ba 's". He suggested it be changed to read: "An event which occ s within a designated time period for instance on an annual asis ." Mr. Barna referred to Section 4.07.O1.B (Changeable Signs) which states: "The messaqe shall t change more than once every fifteen (15) minutes except for a gn displaying time,�temperature, and/or date." He stated it sh ld be changed to read: "The message shall not change more than ce every fifteen (15) minutes except for the dis la of time m erature and or date." The present wording sounds like a s' n displaying time, temperature, and/or date can change more an every fifteen minutes. Mr. Sab referred to Section 214.06.03 {Political Signs). He stat he would like to see a reduction in the maximum allowed size f political signs (32 sq. ft.). 1J -- � , FRIDLEY CITY COIINCIL MEETING OF NOOEMBER 13, 1989 PAGE 4 Mr. Flora stated they would not be in service, unless the City could not meet the demand for water. Councilman Schneider stated before those wells are back on-line, he would like to be informed. / Mayor Nee stated the Council is concerned. He stated it is difficult to give Mr. Bauer an immediate response, but all the members of the Council share his concern and this was e reason for initiating the study. • Mr. Bauer asked when the City would receive the esults of the study. Mr. Flora felt the results of the study s uld be available in January. Ms. Kathy Gerard, 506 Rice Creek Terrace, a ed if the wells would be closed. Mayor Nee stated they are not n service at this time. Ms. Gerard asked if the wells would a in be placed on-line in the summer if there was a demand for wa er, even though the source of the trichloroethylene had not bee determined. She also asked if a filtering system would be ins lled. Mayor Nee stated the purpo of the study is to find answers to some of these questions w ch Ms. Gerard has raised. councilman feel there is needed. have to be Billings s ted between now and next spring he did not would b ime to construct a filtering system, if one He fe it may be that some conservation measures wi12 such as sprinkling bans, to reduce the demand. Mr. Rick St , 7603 Meadowmoor, stated he is one of the residents in the ar a who contracted cancer. He stated he has been through radiati and chemotherapy and two of his neighbors died of cancer. Mr. S rm stated he does not drink City water in his home because of e experience he has been through. He stated he appreciated a thing the Council can do to alleviate this problem. PUBLIC HEARINGS: 1. PUBLIC HEARING ON A REZONING. ZOA #89-04 TO REZONE LOT 4 BLOCK 6, CITY VIEW ADDITION FROM R-2 TWO FAMILY DWELLING TO C-2, GENERAL BUSINESS, THE SAME BEING 5701 UNIVERSITY AVENUE N.E., BY ASHLAND OIL COMPANY (RAPID OIL): MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upan a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:15 p.m. 1K FRIDLEY CITY COIINCIL M88TINa OF NOVBMBER 13. 1989 PAGE 5 Ms. Dacy, Planning Coordinator, stated this parcel is located north of 57th Avenue and east of University Avenue and is approximately 40 by 140 feet in size. She stated the property is currently vacant and is bounded on the west by the existing Rapid Oil facility and to the east by a vacant single family dwelling. She stated all three properties are owned by the petitioner, Ashland oil. Ms. Dacy stated the request is to rezone this parcel from R-2 to C-2. She stated prior to this rezoning application, Ashland Oil petitioned for a special use permit in August. She stated Ashland Oil proposes to demolish the existing Rapid Oil facility and construct a two bay facility similar to the one at Highway 65 and 73rd Avenue. Ms. Dacy stated at the time of the special use permit application, the petitioner also submitted a variance request for lot area and setback. She stated during the review process for these variances, staff recommended to the petitioner that they utilize the vacant lot and combine it into the site plan to eliminate the need for a variance. Ms. Dacy stated this rezoning would be compatible with the zoning to the west and match the zoning patterns to the north and south. Ms. Dacy stated the Council should be aware of two policy considerations regarding this site. She stated the site is now under consideration by the Housing and Redevelopment Authority for a redevelopment project. She stated the site is also currently being tested for ground water contamination. She stated the HRA will review the results of the soil testing and determine if they want to proceed with the redevelopment at this location. Ms. Dacy stated the site is located along the proposed alignment for the Light Rail Transit system. She stated this site plan was submitted to the consultant for the Light Rail Transit system and the revised site plan accommodates their plans so there was no adverse comments from the consultant, BRW, Inc. Ms. Dacy stated the Planning Commission recommended approval of this rezoning with three stipulations: (i) compliance with the site plan submitted with the application; (2) compliance with all stipulations of the special use permit request, SP #89-12; and (3) approval of the special use permit request, SP #89-12. She stated staff is suggesting that the first reading for the rezoning of the property, as well as the special use permit, not be scheduled for the Council's consideration until the soil tests are received and reviewed. Councilwoman Jorgenson asked when these results would be received. Mr. Robertson, Community Development Director, stated the consulting geologist indicated the report is now being prepared and anticipated that it would be forwarded to Ashland Oil in the next several weeks. He stated Ashland Oil will then review it and submit it to the Pollution Control Agency. He stated as a iL FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 13. 1989 PAGE 6 courtesy, they could, at that time, also submit a copy of the report to the City. Mr. Jack Lemley, representing Ashland Oil, stated he hoped the Council would act favorably on this rezoning request. He stated as far as the contaminants, they would clean up this site, if they receive permission to build. Councilwoman Jorgenson asked if they do not receive approval to build, if they would still clean up the site. Mr. Lemley stated he assumes it will be cleaned up, but as of this time, h� has not received any reports. He stated they have been trying to cooperate and would like to see the issue resolved. Mayor Nee stated that Mr. Lemley heard residents speak th�is evening regarding contaminated soils and the seriousness of the problem. Councilman Billings stated it is his understanding that the contaminants were from the previous owners of this site. Mr. Lemley stated this was also his understanding and the contamination was from the gas tanks that used to be located on this site. Mayor Nee felt the contamination is an issue and relates to the rezoning and the special use permit. No other persons in the audience spoke regarding this proposed rezoning. MoTION by Councilman Billings to continue this public hearing until the results of the soil samples have been submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. PUBLIC HEARING ON A REZONING, ZOA #89-05. TO REZONE OUTLOT 1 ATA/!L�T � C L7l1l1TT 7�LTT1L+ L�DAfI /�_1 /�L�1T'E�Tf T rr�i+r�tr.�r..� �.... .. �.r� <<....�.�. COMPANY• MOTION by Councilman Schneider to wai the reading of the public hearing notice and open the public aring. Seconded by Councilman Billings. Upon a voice vote, voting aye, Mayor Nee declared the motion carried unanimo y and the public hearing opened at 8:28 p.m. Ms. Dacy, Plannin oordinator, stated this is a request to rezone a parcel of p erty located south and adjacent to Osborne Road and west of ghway 65. She stated the property is currently zoned C-2 and e request is to change the zoning to M-1. She stated there ' s M-1 zoning to the west and south and C-2 zoning to the 1M r � � � DATE: TO: FROM: SUBJECT: Community Development Department G DIVISION City of Fridley June 13, 1991 William Burns, City Manager Jim Hill, Acting City Manager Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Public Hearing for Vacation, SAV #91-02, by James and Lynda Peterson, and Timothy and Donnett Miller in Riverview Heights Attached please find the staff report for the above-referenced request. The Planning Commission voted unanimously to recommend approval of the request to the City Council. The City Council set the date of the required public hearing for June 17, 1991. Staff recommends that the City Council hold the public hearing. An ordinance authorizing the vacation will appear later in the agenda. MM/dn M-91-420 2 � � STAFF REPORT � APPEALS DATE CI�IYOF PLANNING COMMlSSION DATE : May 22, 1991 F�DL.� ClTY COUNCIL DATE :.7une 3, 1991 Au7t�OR �/dfl REQUEST PERMIT NUMBER APPUCANT , PROPOSED REQUEST LOCATION SITE �DA�A SIZE OENSITY PRESENT �ONING ADJACENT LAND USES 8� ZONING UT�fC1ES PARK DEDICATION . ANALYSI� FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USfS 8� ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSiON RECOMMENDATlON SAV 4�91-02 James and Linda Peterson; Timothy and Donnette Mi.11er To vacate the east 100 feet of Dover measur�d from the east ROW line of Broad Avenue. Blocics K and H, Riverview Heights R-1, Single Family Dw.e.11ing __ R-1, Single.Family Dwelling to the north, �outh, east, and west Yes Yes Approval Approval with stipulations 2A ,` � .. � ;� ; , :� i- �` -1 �< � 1� �.. � �1 � � i � ^ 1 I. / \ .\ . \ ' � V " [ S1 s �, :. �� cF� / � s � �. : , �S, ,; ., � �\ , ' , ,` 33 -O \ � . —o � � � ,_ / �� SAV �� 9 1-02 Peterson/Miller S //2 SEC. � ��TY 31 OF (' � .�._. � a �•.,... s, i • £lY q•,� I rCy� :\ / ,N �, � v�w� Y (+ � M} � � �� )�•`'L Cw1• cxv \ , ,`` 1 � N ,�q} �N, r ` c�' ~ � `O � L �,'� � • �h • � ✓) � � G � �' �� - ?F . �,., � ; Zi��— � �� [.�� , �a�- � ` � � ��\ `J'. _ �c�� 51 1\ : \.. \t , 34 � 2B L OCATION MAP F, � SAV ��91-02 Peterson/Miller I I � , . - � w,�i��r� � � / " . L�� / ��L� � � ,.,,. ,.,, � � • � � �R N� *1, � � �,� �:i .. � ' � � � � �' ^ • � � '� `'�:i•),�� L • • ♦ � � � • -(: , M � � r ' .. t 1:��'� . .., :..� • :.� ±��a R �/r�, '� ,� � � � u��y� =; ��1 ■,�.-� �''` �i C ,..� ...� � �:::: .. � � �s� O � n � +]1 j �)� �,�� ' �,,,� � . , , � i . - • �'� � .� � i � p ,t•I.,�:�� _,' ��l� �. � � �� 7 i i \ , � •�. � � ��, � �, x ! ; �, � �, � � 8� , ��, \ � y � , . � � '4J� ...� i R I V E R�� W ':- �: �� , � � HEIGHT �t "' � �� +�, . � .. � 1 '� 1 • . �,� �\ \ \ � ' y •t"�: .\ �\ � � � o � . ��\ '� E„ 1 �. • 1�Lir0� �� \ c � `. , �\'. �\.:r' , \ � , k � �. �;'-f ` � - zc 21 _ �, � � . `� � ..� � n � � � �� u _ �� "'� � � � � � ti ;; � v � '� � ! i �� -� .J t .� I �� .:�'�J:; .� -- '� :•� „� "� 4 � � � i � ` � � � r� �� .. , p K� i� FLr �` �> P� B E R T-�- Y L � �, 7 d Q i: ■ z••�. .,.� .... ... , . . . �., .•.•. •.• 4 . ., ... �: •1a • �� ' ��, � �" � ! ♦ %�•%r ��.Y � ' ti •1► '�`"• ♦ as - .- ..� ._.L._. < ��'�` �� k �� ti • � ,��, �:�:�: : �� Y • � : � �11�� 1� ��, •�: • � • � !� `� � � �, �Q � �� '� �kM!�� lo •y� �� .�!42 9 ,� � • � 1 ♦ -"� ' L !'!`ti , � �P,l �� r� 0 10 %.t � �` � y5��a �it�� ,�••�i�' 1.. , � �° �pQ` o r ��. � �, � • { Q � �i' , � • , ti� ' S � :S .� � ♦ •� 1S � � . , � , _ .� �• ,�� I ZONING MAP Staff Report SAV #91-02, James and Lynda Peterson Timothy and Donnett Miller Page 2 RE4UEST The petitioners are proposing to vacate the east 110 feet of Dover Street, as measured from the east right-of-way line of Broad Avenue. This portion of Dover Street lies between the two petitioners' properties. SITE The portion of Dover Street east of Broad Avenue is currently a paper right-of-way. With the exception of sewer and water lines that lie within the public right-of-way, the street is unimproved. The properties are zoned R-1, Single Family Dwelling, and the right-of-way is currently used by Mr. and Mrs. Miller to access their property at 591 Dover Street. ANALYSIS The public purpose served by the right-of-way is to provide vehicular access, emergency access, and to provide public utilities. The proposed vacation would not directly affect through-access for traffic purposes, as there is a change in elevation of approximately 25 feet from the lower portion of Dover Street where the vacation is to occur and the upper portion of Dover Street which is accessed off of East River Road. Mr. Peterson's property is accessed directly from Broad Avenue and Mr. Miller's property is currently accessed from the paper public right-of-way to a private driveway. If the vacation is approved, Mr. Miller will need to construct a new driveway to provide access to his property. Emergency access is accommodated on Broad Avenue to both properties. ___ The other form of access to consider is that by pedestrians. Currently, residents living at the top of the bluff walk down the bluff and cross the right-of-way to be vacated to walk toward the river. The petitioners are proposing to provide a ten foot walkway easement which will continue to allow residents to access the lower portion of Dover Street. There is a sewer and water main within the right-of-way which provide services to the petitioners' properties. In addition, Minnegasco also has a gas main located within the public right-of- way. The petitioners are proposing to provide easements to the City for utilities and drainage. The proposed easement will need to be modified to accommodate Minnegasco. The petitioners received letters of agreement from all but one of the residents living on the upper portion of Dover Street agreeing 2D Staff Report SAV #91-02, James and Lynda Peterson Timothy and Donnett Miller Page 3 to the vacation. The one dissenting resident was concerned with continued pedestrian access. This concern has been addressed by the petitioners. RECOMMENDATION The proposed vacation does not adversely affect vehicular access, utilities, or emergency access. Staff recommends that the Planning Commission recommend approval of the vacation with the following stipulation: 1. The petitioners, Timothy and Donnett Miller, shall provide a hardsurface driveway by August 1, 1992. 2. The drainage and utility easement shall be modified to accommodate Minnegasco services as described in the letter dated April 30, 1991. 3. The petitioners shall record a 10 foot walkway easement at the County. Planning Commission Action The Planning Commission voted unanimously to concur with the staff recommendation. Staff Report Update Staff consulted with the City Attorney regarding the potential of increased liability for the City if the City accepted the walkway easement. The City Attorney indicated that the City's liability will increase as access is being obtained for a specific purpose over a more specific area rather than over a general area. As the City does not have the means or the desire to maintain or improve the easement area, it would only become a liability. Staff recommends that the City Council not impose stipulation #3. A new legal description for the Minnegasco easement request has been provided to staff; therefore, stipulation #2 is no Zonger necessary. City Council Recommendation Staff recommends that the City Council approve the vacation request with one stipulation: 1. The petitioners, Timothy and Donnett Miller, shall provide a hardsurface driveway by August 1, 1992. 2E SAV 4�9]-02 Peterson/Miller N.C. NOIUM AND ASSOCIATES, INC. LANDelepho�e` P 0 BOX 33026-COON RAPIDS MINN 55 33 421-7s2: 107•31 MISSISSIP�I BLVD. N�. .,��OON�RAPIDS, MN , � ., r \ �`� ; � -� CERTIFICATE F SURxF,.Y,: `AMES i�� p` MEN� � F�� c� �py� n f �� A�, �C yy A i � ;_ \ � w i � GM�Nf �� o Py � T y � G-v ° � � UT��.� _ ��.G� �„� � �� N� � N��'' S2 z5 �� `""�o �\��' z5 \ � `/ ° 0 3� � �b.3� PpRGt� U� 3 0 ° ` � _ �� a' ` � o r �' � t n�,d �� zz,3 ,, t o — � � \?,��_5-F � v � � �/ \ /—.2.5�� g � � \ "'�+��95 � � ljji//// � a �� / � \ O U-� ,� 1 , i, � �.c�, 3 . SCALE: 7 6644-125 � � Z A,5,2� -� ,� ` � � Denotes i � . � i , \ � ° .\ o ` \ � � ` � � 2 2 ', � � � 2� \ z 5 i1 2p � z5 � ,- � N ,.. � 19 � 3� �A° 52� �5 �` �o ' ,, O ,p � 5 ( � Lots 19, 20, 21, and 22, B7; RIVERVIEW HEIGHTS, I Anoka County, Minnesota � . 1 HEREBY CERTIFY THAT THIS IS A TRUE ANO CORRECT REPRESENTATION OF A SURVEY OF THE BdUNC OF THE ABOVE DESCRIBED LAND, ANO THE LOCATION OF ALL BUILDINGS, THEREON, ANO ALL V1518L1 CROACHMEN75, IF ANY, FROM OR ON SAID LANO. 22nd February 90 AS S U R V EY E D B Y M E TH IS ...................D AY 0 F .............................................A.O. 19............... ' N.C. HOIUM AND,ASSOCI�YE'�, INC/.�/ ' / / J ZF SITE PLAN � .a� :� ,� � �\� SAV ��91-02 �� • '' 1 � � � i � �� , � �, � � �A� � '� # �' �� '�` �, : � _ # �` # � � # � �� " ' � • '` ` . • � �t � � • �k ,� � � � �'� � � ��i�� t�.vr � ��,� ��\\��`�'�l`'�� ,� ,�° �', ��.� +:� � � • �� P�►e ��,1a ' _' • ---� .'�lK. �.� ` �, �i ' --�f��0/� � ,� �'', � '1� � ',1� , . . �d. � ,.; � .��"�''� � �, `�� ;.� �► 1 � � : . � `�, � �;�� ,�.� � � � �,`��` i��'►,�\�it� 'i � 1 � `1,,��,�� .. �►��, �, `�; '�?� , �� ' ,� ; , �� . _, ti�, . �: � ' �'� '� ��. '� � ,' ,� � �. � �_ �` . � ,at� � � � � � � �'+`� - '� '� � � � ��` #�' ��► � � �� , :�� J . �� ° ��'� �1 . �. •• ��` � �a ' - � �� . � � � � � , •� � � - :� � '�� # ►� % :: ..�► � '�� TOPOGRAPHY MAP 2G � � CITY OF FRIDLEV _ a4S 1 UNIVERSITY AVE. N.E. FRI�LEY, MN 6a432 (61 Q)571-5450 -��;,�� f JO f � REZONING REQUEST ZOA � � VACATION REQUEST SAV � ,��~O� /�SG�._ ,¢� PI.ATTING REQUEST P.S. � :� � ,� �� / � � `�: �� ' • 1 1 �� 1 1 •' Ipl 1 � • `�,.,� `�: }� �� •• MI �I 1 � • PROPERTY INFORMATION �o�� An�ss ��`�- . LF�AL DESCRIPrIDN: r,ar . st�ocx ��- �/Annrrn� R�v�,cv�ew /�E►4�.TS �DD�✓ _ :� �s�rrr zcNn�c �vFS�rID za�tnv� REASCN �DR R$�UF.ST:� A site plan shvwing the prop�sed future use is required for all � r�oning. 4��t�T I�o �'f oE flOV' i+v'ki' t-1 F! c o E �R.p Ar� A1J E ****** *****,k**************,k*****,k************************ltit**!t*******,k,k*********it*** FEE OWNER iNFORMATION d � � � � � � �`� . \ i � tTY o F �+►�-�a �- e� -- �cr� � � { NAI� (Please Fxint) . - � ADI�tFSS 0 S]3GN�TJRE � DPITE � ******i°r* �**�****�*�*,f�_��*��*��*��,k�*��*��'�*��'�t�********�'****�,��********* � . PETITIONER INFORMAt10N � JflN�S '7i_ �"c.r LY�vp S. �E7"f�c�'o�l �SS—�Z3� � N�ME (please print!�) TI►�n �l J, � oa,► �... M1�HONE # �If<o �'l7�.6 �' �]q�1s �1�b�j� (�v� PIN �,03'3o-'2.i^32.003S-OOSd-i3� �RIALEy —+4��7�°'T � AD�RESS .'�ql poV'!�R S'� P�N K.oa-�e-�-3z,-oozo-or�7a39 FR[04.E�` .- �62R�i - � �, ..., , _� ��r�' ! � _ , . / / � /� � / � i � �� i � • • •.• �� .;� �� . • w •r w� � a• • �� .,� ��,� ►�� E�o4k should be reconsidered. The lot is only 40 feet wide, and t ere is no way to get to the rear from the front of the propert , and it seems like a reasonable option. Mr. Betzold stated that if the City does vacate the no hern half of this alley, they are essentially taking proper from Mr. Meisner. By denying him the access to the rear of is property and then requiring him at�the same time to have so place to park his car, having to use his front yard for a drivew would diminish the value of his property. If the only access the rear of the property is with an easement, that will cost omeone some money, and somehow this is going to have to be wo ed out. He stated using the southern half of the alley is the rst scenario, because it is probably just a matter of time befo e the neighbors to the south are going to want to vacate their alf of the alley. It is too bad the City turned down the curb ut and driveway 12 years ago, because they wouldn't have this oblem now. Mr. Betzold stated he believed ther is an issue here, because the City is essentially taking proper , and the City Attorney should review this matter before it goe to Council. He would also like staff to contact the apartm t building owner and get more information on that option. Ms. Dacy stated staff wi try to contact and meet with the apartment building owner t 5851 - 2nd Street to see if it is possible to get an acce s agreement, and they will also discuss this with the City Att ney. OM TION by Mr. Kondri , seconded by Ms. Sherek, to table SAV #91- O1, by Eugene and ean Hagberg until the June 12, 1991, Planning Commission meetin in order to obtain more information and to get a legal opinion rom the City Attorney. IIPON A VOICE OTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION C IED IINANIMOIISLY. Ms. Dacy tated that if not enough information is available for the Jun 12, 1991, meeting, the City will notify the neighbors about week prior to the meeting. Ms. herek stated another question to be asked of the City Attorney is hat if there are legal fees incurred by the property owner to cord an access agreement, is there any precedent for the City undertaking the payment of those fees? 2. CONSIDERATION OF A VACATION REOUEST, SAV #91-02 BY JAMES AND LINDA PETERSON AND TIMOTHY AND DONNETT MILLER: To vacate the east 110 x 40 feet of Dover Street as measured from the east right-of-way line of Broad Avenue, subject to an easement for utility purposes over the southerly 20 feet of the portion of Dover Street to be vacated and a walkway ✓� PLANNING COMMISSION MEETING. MAY 22, 1991 PAGE 7 easement over the northerly 10 feet of the southerly 20 feet of the portion of Dover Street to be vacated, generally located south of 591 Dover Street and north of 7995 Broad Avenue. Ms. McPherson stated the petitioners are proposing to vacate the east 110 feet of Dover Street, as measured from the east right-of- way line of Broad Avenue. This portion of Dover Street lies between the two petitioners' properties. Ms. McPherson stated the portion of Dover Street east of Broad Avenue is currently a paper right-of-way. With the exception of the water lines that lie within the public right-of-way, the street is unimproved. The right-of-way is currently used by Mr. and Mrs. Miller to access their property at 591 Dover Street. Ms. McPherson stated the same public purposes exist for public right-of-ways as was outlined previously: (1) vehicular access; (2) iocation for utilities; and (3) emergency vehicle access. In this instance, because of the change in topography between the portion of Dover Street which intersects Broad and the upper portion which is directly off East River Road, there would not be a need for the City to connect two portions of Dover because the cost would be prohibitive. Emergency access can be provided on Broad and East River Road for the various properties. Currently, residents from the upper portion of Broad Avenue do utilize the bluff to walk down the bluff to the streets along the river. The petitioners are proposing to provide a ten foot walkway easement which will continue to allow residents to access the lower portion of Dover Street. Ms. McPherson stated there are water and gas mains located within the right-of-way. Minnegasco has requested that the easement be slightly modified to accommodate this gas main or that the petitioners pay to relocate the gas main within the easement. Staff believes the easement can be modified to accommodate Minnegasco's request. Ms. McPherson stated the petitioners received letters of agreement from all but one of the residents living on the upper portion of Dover Street. The one dissenting resident brought up the issue of the pedestrian access, and that has been addressed by the petitioners proposing to provide a ten foot walkway easement. Ms. McPherson stated that since the proposed vacation does not adversely affect the vehicular access, utilities, or emergency access, staff is recommending that the Planning Commission recommend to City Council approval of the vacation with two stipulations: 1. The petitioners, Ti�othy and Donnett Miller, shall provide a hard surface driveway by August 1, 1992. 2J PLANNING COMMZSSION !ffiETING, MAY 22. 1991 PAGE 8 2. The drainage and utility easement shall be modified to accommodate Minnegasco services as described in the letter dated April 30, 1991. Mr. James Peterson, 7995 Broad Avenue, stated one reason for proposing the vacation is�so that he can expand his garage and driveway which seems more logical than building a detached garage which would require a side yard variance. He realizes he cannot build on top of the utility easement but he can build up to the easement. Mr. Peterson stated there is a2so an erosion problem, and it is his intent to regrade and put in some plantings and landscaping to keep the hill from eroding further. Ms. Sherek stated that if they recommend approval of this vacation, they are almost tying the Peterson's ability to build a garage and upgrade their property to requiring Mr. and Mrs. Miller to put in a hard surface driveway, and she did not think that is fair. Ms. Dacy stated that if the Millers are contemplating a garage rearrangement, the hard surface driveway would be a typical stipulation as part of the building permit. Maybe the alternative is rephrase stipulation #1 to say that if the petitioners, Timothy and Donnett Miller, construct a new garage on Broad Avenue, they will be required to provide a hard surface driveway. Ms. Sherek stated that seemed to be fairer solution. Mr. Peterson agreed that the stipulation does seem a little harsh to require someone to pave a driveway area that is not being maintained. Mr. Miller already has gravel to the garage from the street. Mr. Peterson stated that regarding the easement for the walkway, he had included that as a political solution to the problem some of the neighbors have at the top of the hill in wanting to walk down the hill toward the river. If the City chooses not to accept the easement, that is fine. Ms. Dacy stated that if the walkway easement is not required by the City and is not recorded and someone asks to walk down the hill°, would Mr. Peterson give them permission to do so? Mr. Peterson stated he stated he has stone terraces behind his house, and he has been thinking about extending those terraces to try to retain some of the erosion. If someone wants to climb over the terraces and crawl through some bushes, then he might have a problem with that. He did not yet know his compl.ete landscaping plan for the area. 2K PLANNING COMMIBSION MEETING, MAY 22, 1991 PAGE 9 Ms. Dacy stated she believed City staff went along with the petitioner's political solution for a walkway easement, because staff thought there was some demand on the part of the neighborhood at the top of hill to walk down the hill. In looking at the slope of that hill, she did not know how these people do that. If there are signs of erosion, she believed the Public Works Department will not be allocating any mon�y for providing a walkway or sodding, as they just do not have the resources to do that. If someone does want to walk down the hill and is not able to cross through Mr. Peterson's property anyway because of his landscaping improvements, then why have the easement? Mr. Peterson stated there was a question as to why he is not requesting to vacate the entire stretch Dover Street. He believed that at some time, the City is going to have to go in and do something to hold up the street, and it seemed more appropriate to leave that portion of the street in the hands of the City. (Ms. Sherek left the meeting at 9:00 p.m.) Mr. Kuechle stated he is in favor of leaving the stipulation for a hard surface driveway. If they modify it to say that a hard surface driveway is not required until there are some improvements on the property or a garage is constructed, then whenever might be never. Mr. Kondrick stat�d he agreed with Mr. Kuechle. The hard surface driveway would certainly look nicer. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to re�ommend to City Council approval of a vacation request, SAV #91-02, by James and Lynda Peterson and Timothy and Donnett Miller, to vacate the east 110 x 40 feet of Dover Street as measured from the east right- of-way line of Broad Avenue, subject to an easement for utility purposes over the southerly 20 feet of the portion of Dover-Street to be vacated and a walkway easement over the northerly 10 feet of the southerly 20 feet of the portion of Dover Street to be vacated, generally located south of 591 Dover Street and north of 7995 Broad Avenue, with the following stipulations: 1. The petitioners, Timothy and Donnett Miller, shall provide a hard surface driveway by August 1, 1991. 2. The drainage and utility easement shall be modified to accommodate Minnegasco services as described in the letter dated April 30, 199X. Z 3. The petitioners shall record a 10 foot walkway easement at the County. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOOSLY. 2L PLANNIHG C0�4SIBSION I�[EETING. 1�I�Y 22, 1991 PAGE 10 Ms. McPherson stated the City Council will set a public hearing date on this item for June 17, 1991. 3. RECEIVE APRIL 16. 1991, ENVIRONMENTAL 4UALITY AND ENERGY COMMISSION MINUTES: OTION by Mr. Sielaff, seconded by Mr. Kondrick, to receive e April 16, 1991, Environmental Quality and Energy Commi ion minutes. IIPON A VOICE VOTE, uL VOTING li1YE, CHAIRPERSON THE MOTION CARRIED UNANIMOIISI,Y. 4. MOTION by Mr. Kondrick, seconded by Mr. May 2, 1991, Human Resources Commission IIPON A VOICE VOTE, lILL VOTING 11YE, THE MOTION CARRIED IINANIMODBLY. 5. MINUTES• BETZOL DECLARED � NiJ E : , to receive the BETZOLD DECLARED o ON by Mr. Kondrick, seconded Mr. Sielaff, to receive the May 9, 1991, Housing and Redevelo ment Authority minutes. IIPON A VOICE VOTE, ALL VOTZNG AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIS . 6. OT ON by Mr. Kuechle,/seconded by Mr. Kondrick, to receive the May 14, 1991, Appeals�Gommission minutes. - IIPON A VOICE VOTE� L VOTING AYE� CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIE IINANZMOIISLY. ADJOURNMENT• OM TION by Mr Kondrick, seconded by Mr. Sielaff, to adjourn the meeting. on a voice vote, Chairperson Betzold declared the motion ca ied and the May 22, 1991, Planning Commission meeting adjourne at 9:15 p.m. Resp�tfully subm�tted, nfie�� Saba cording Secretary 2M N. C. HOIUM & ASSOC., INC. 10731 Mississippi Bivd. N.W. (P.O. Box 33026) • Coon Rapids, MN 55433 �� April 15, 1991 James Peterson 7995 Broad Street N.E. Fridley, MN 55432 Dear Mr. Peterson: Land Surveyors TELEPHONE (612) 421-7822 The following is a suggested legal description for the vacation of Dover Street in the City of Fridley: Al1 that part of Van Buren Street, now known as Dover Street in the plat of RIVERVIEW HEIGHTS according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minn- esota, lying Easterly of a line drawn from the North- westerly corner of Lot 19, Block L to the Southwesterly corner of Lot 21, Block K and lying Westerly of a line drawn from the Northeast corner of Lot 22, B1ock L to the Southeast corner of Lot 18, Block K, all in the plat of RIVERVIEW HEIGHTS. Subject to an easement for utility purposes over the Southerly twenty (20) feet of the portion of Dover Street to be vacated. Also reserving an easement to Minnegasco over the West- erly sixty (60) feet of all that part of Dover Street lying Easterly of the Easterly line of Broad Avenue. Yours trul , � � • N. C. Hoium RLS NCH:dh Rev. 6/4/91 2N -- x,.: � �Minnegasco April 30, 1991 Donald Betzold Chairman, Planning Commission City of Fridley 6431 University Avenue N.E. Fridley, MN. 55432-4384 RE: Street vacation of Dover Street SAV #91-02 Dear Mr. Betzold: Minnegasco does have an existing gas main in that portion of Dover Street proposed to be vacated. Since this gas main is necessary to serve 591 Dover Street and 7995 Broad Avenue, we must object to this proposed vacation unless suitable easement rights are reserved to Minnegasco, pursuant to MSA 160.29. Please reserve an easement over the following described property: That part of Dover Street which lies 60.00 feet Easterly, measured at right angles, from the Easterly right-of-way line of Broad Avenue. The utility easement mentioned in your letter over the South 20.00 feet will not sufficiently protect Minnegasco's existing gas main and the legal description mentioned above will have to be included in the vacation document should it be passed. we may consider removing our objection should the petitioners wish to reimburse Minnegasco the cost of relocating the existing gas main and service lines. To discuss this and other options that may be available, please have the petitioner contact Rick Pilon, Senior Design Engineer at 342-5426. Thank you for the advance notice and please send me a copy of the final action on this proposed vacation. Sincerely, ��--- �„�� ` ti c�.� Steven Von Barg�n Real Estate Specialist Minnegasco cc: R. J. Pilon, Minnegasco Ron Munson, Minnegasco 700 West Linden Avenue P.O. Box 1165 ^ O Minneapolis, MN 55440-1165 L To: Timothy and Donnett Miller James and Lyr�da Peterson I/we have no oUjection to your proposal to ask the City of Fridley to vacate the public right of way called Dover Street which lies between your homes at 7995 Broad Avenue Northeast and 591 Dover Street Northeast, Fridley, Minnesota, viz: the first 11Q feet of Dover Street immediately east �f Broad Avenue. I/we realize that this would eliminate the possibility of Dover Street being developed as a through street from Broad Avenue to the East River Rvad. � . - D� r �-�-/`�% ; : !l� NAME � NAM .�� ,��1�z.�.'� ,�� ADDRESS �� i � i iy/ � DATE 2P To: Timothy and Donnett Miller James and Lynda Peterson I/we have no oUjection to your proposal to ask the City of Fridley to vacate the public right of way called Dover Street which lies between your homes at 799� Broad Avenue Northeast and 591 Dover Street Northeast, Fridley, Minnesota, viz: the first 110 feet of Dover Street immediately east of Broad Avenuz. I/we realize that this would eliminate the possibility of Dover Street being developed as a through street from Br�ad Avenue to the East River Road. , NAME NAME �� °. ADDRESS • �� o�- DATE �_ � 7_ yl .. � 2Q To: Timothy and Donnett Miller James and Lynda Peterson I/we have no objection to your proposa� to ask the City of Fridley to vacate the public right of way called Dover Street which lies between your hom�s at 7995 Broad Avenue Northeast and 591 Dover Street Northea�t, Fridley, Minnesota, viz: the first 11� feet of Dover Street immediately east of Broad Avenu�. I/we realizz that this would eliminate the possibility of Dover Street being developed as a through street from Broad Avenue to the East River Road. �/ . NAME ' NAME �� ADDRESS DATE �' �- � � - �� 2R To: Timothy and Donnett Miller James and Lynda Peterson I/we have no objection to your proposal to ask the City of Fridley to vacate the public right of way called Dover Street which lies between Your homes at 7995 Broad Avenue Northeast and 591 Dover Street Northeast, Fridley, Minnesota, viz: the first 110 feet of Dover Street immediately east of Broad Avenue. I/we realize that this would eliminate the possibility of Dover Street being developed as a through street from Broad Avenue to the East River Road. � �� __..._ _ � , . NAME NAME �J` _ - � r c_1� �2X��' ` �'_..— ADDRESS ' � � � DA E � . 1 . ' 25 To: Timothy and Donnett Miller James and Lynda Peterson I/we have no objection to your proposal to ask the City of Fridley to vacate the public right of way called Dover Street which lies between Your hon,es at 7995 Broad Avenue Northeast and 591 Dover Street Northeast, Fridley, Minnesota, viz: the first 110 f�et of Dover Street immediately east of Rroad Avenue. I/we realize that this would eliminate the possibility of Dover Street being developed ab a through street from Broad Avenue to the East River Road. NAME � y�� ' .�� . ADDRESS � � � � �5�� DATE � /�� Cl �/ � 2T To: Timothy and Donnett Miller James and Lynda Peterson I/we have no objection to your proposal to ask the City of Fridley to vacate the public right of way callzd Dover Street which lies between your homes at 7996 Broad Avenue Northeast and 591 Dover Street Northeast, Fridley, Minnesota, viz: the first 110 feet of Dover Street imm�diately east of Broad Avenue. I/we realize that this would eliminate the possibility of Dover Street being developed as a through street from Broad Avenue to the East River Road. � � . NAM NAME s°p !`�a �.�� T . N�� . i�.�, L( ADDRESS _ '�� ! ( DATE �' - �' 2V � _ � DATE: TO: FROM: Community Development Department vG DrviSION City of Fridley June 13, 1991 William Burns, City Manager Jim Hill, Acting City Manager Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Second Reading of an 205 of the Fridley Multiple Dwelling (Landscaping) Ordinance Amending Chapter City Code; R-3, General District Regulations Attached is the ordinance amending Chapter 205 of the Fridley City Code, entitled "Zoning", which deletes two sections of the R-3, General Multiple Dwelling District regulations. These sections conflict with the newly adopted landscape ordinance. Staff recommends that the City Council hold the second and final reading adopting the ordinance. MM/dn M-91-423 3 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY DELETING SECTION 205.09.05.D.(?) AND SECTION 205.09.07.F AND RENUMBERING THE REMAINING SECTIONS CONSECUTTVELY The Council of the City of Fridley does hereby ordain as follows: 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS 5. PARKING REQUIREMENTS D. Design Requirements. 7. PERFORMANCE STANDARDS PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . , 1991. ATTEST: 5HIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: June 3, 1991 First Reading: June 3, 1991 Second Reading: Publication: 3A � _ � I DATE: TO: FROM: SUBJECT: Community Development Department G DIVISION City of Fridley June 13, 1991 William Burns, City Manager Jim Hill, Acting City Manager Barbara Dacy, Community Development Director Second and Final Reading to Amend Chapter 205, to Provide for Regulations on Above Ground Fuel Storage Tanks The City Council approved first reading on June 3, 1991. Second and final reading is recommended. BD/dn M-91-415 4 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING" BY AMENDING SECTION 205.04, BY ADDING NEW SECTION 205.04.09, "ABOVE GROUND FUEL STORAGE (AGFS) TANKS" The City Council of the City of Fridley does hereby ordain as follows: 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE (AGFS) TANKS A. For the purposes of the provisions of this section, the term "fuel" shall mean Class I and II fuels as defined in the Uniform Fire Code (UFC). The provisions of this section do not apply to AGFS tanks of less than 265 gallons. B. All AGFS tanks must meet requirements established by the Uniform Fire Code (UFC) and the Minnesota Pollution Control Agency (MPCA). A permit from the City of Fridley Fire Department and from the State Fire Marshall shall be obt$ined prior to installation. C. AGFS tanks are permitted accessory uses in commercial and industrial zoning districts. In commercial zoning districts and for automotive service stations in the industrial districts, AGFS tanks shall not exceed a 1, 000 gallon capacity. and/or six (6) feet in height and/or diameter. Use of these tanks is limited to liquid petroleum (LP). D. AlI AGFS tanks visible from public right-of-ways or residentially zoned property shall be screened by a chain link fence with metal slats and shall be no taller than eight (8) feet in height, with the exception of LP tanks which do not require fencing. E. The City of Fridley may require installation of vehicle protection barricades for AGFS tanks, depending on tank location on the property. F. All AGFS tanks shall be maintained in a clean and we11 kept appearance. G. The only signage permitted on the AGFS tanks is the identification of contents and/or caution labels. . . Ordinance No. Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: May 20, 1991 First Reading: June 3, 1991 Second Reading: Publication: . � r � � I DATE: TO: FROM: Community Development Department PLAN1vING DIVISION City of Fridley June 13, 1991 William Burns, City Manager Jim Hill, Acting City Manager Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Approvinq a Vacation Request, SAV #91-02, by Peterson and Mil].er in Riverview Heights Attached please find the above-referenced ordinance. The Planning Commission recommended approval of the vacation request with three stipulations; however, staff has recommended that stipulations #2 and #3 not be required. A public hearing was held earlier in the meeting regarding this vacation request. Staff recommends that the City Council approve the first reading of the attached ordinance, subject to one stipulation that Timothy and Donnett Miller provide a hardsurface driveway by August 1, 1992. MM/dn M-91-422 5 ORDINANCE NO. AN ORDINANCE IINDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIR C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION l. To vacate all that part of Van Buren Street, now known as Dover Street in the plat of Riverview Heights according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, lying Easterly of a line drawn from the Northwesterly corner of Lot 19, Block L to the Southwesterly corner of Lot 21, Block K and lying Westerly of a line drawn from the Northeast corner of Lot 22, Block L to the Southeast corner of Lot 18, Block K, all in the plat of Riverview Heights. Subject to an easement for utility purposes over the Southerly twenty (20) feet of the portion of Dover Street to be vacated. Also reserving an easement to Minnegasco over the Westerly sixty (60) feet of all that part of Dover Street lying Easterly of the Easterly line of Broad Avenue. All lying in the South Half of Section 3, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subj ect to the stipulations adopted at the City Council meeting of June 17, 1991. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: June 17, 1991 First Reading: Second Reading: � Publication: �� _ � I DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley June 13, 1991 William Burns, City Manager Jim Hill, Acting City Manager Barbara Dacy, Community Development Director Variance Request, VAR #91-10, by Michael Klismith of 7905 East River Road N.E. Attached please find the above referenced staff report. The Appeals Commission voted unanimously.to recommend approval of the variance request with the following stipulation: 1. The fence and vegetation shall not be located within the public right-of-way. Staff recommends that the City Council deny the variance request, as the petitioner has another alternative which would allow him to meet the code requirement. MM/dn M-91-409 � � STAFF REPOI�T APPEALS DATE May 14, 1991 CI�TY OF PLANNING COMMISSION DATE FI�I DLEY CITY C(�111VCIL DATE June 17, � 1991 �T� �� REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION S1T� DATA SI�E DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UT�ffIES PARK OEDICATION ANALYSIS FINANCfAL IMPLICATIONS CONFORMANCE TO COMPREHENSIVE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION UAR #91-10 Nlichael Klismith To increase the height of a fenve in the front yard frcx:t 4 ft. to 7 ft. 7905 East River l�ad 1�3, Gen�xal Nba].tiple Family Dwelling �3, General Multi.ple Fami.ly Dw�elLi.ng to the E and W; C.Li, Local Business, to the S; R-1, Single Fami.ly Dwelling. tx� the N Yes Denial Approval with stipulations . i VAR ��91-10 Michael Klismith - S//2 SEC. 3 T. 30, R. 24 C/TY OF FR/OLEY 31 � (�1 i� U � sg LOCATION MAP N ITY , � . L�� ►��.. i ,.,• , y � �� :�}��-�� = � '� . � � � - �� ti:�•��''' : � : ' •'� � . , ' ., ; I r., '��[=%' !r iiii � :.: !�:� •�r{�� r �� ' � ' t��ii�� ,w- ��,t,�.� ` .� - ..:� -:::� V i::� I • . � �J'' �� '��+ � �. �� :•r��= /L�J nr OF � �F + � s +�-� � 4 _ � i! ELY _ �n • VAR ��91-10 Michael Klismith 3 ��-,��•� `:� � �-�. �.�:✓' W ti:� � �.� �': � � :� �� `=r'} � � �� ,�,� ;; f•:,� ,� \ ,��°�� -� � ��' � �, ,.� .� �, :.� �� '� ' �� '' "•� .'�.-"1 � 4 .� �� .�.: � �. € ..� � �::� �; ��'�i lI :.:�i111iii „ �� . ��` � �� I ��`�!/ � -� :� �� .� I�/'1.�r'� °` � ��,�a _ � ��. � ` ��1�� 1� E�— �� P� � � 7' Q T. './ z ' • Y�' � t�- � 7 `. 6 = � • Q � `� x � LONGF LLOW .,\ \ `' � ;, \ � � , �. • � • • • • \` `� � � � •.�•�• �, • • • � • �\ . \ ` , � � • � � , ♦ , �. � . �� . t l� • 4 • �� . 1• • , } -�- �. ;�: ; J +. . , �� , � ' . , �. � ti • � • `� �: •: : �. _.. . •. RIVER W / ` � � � ♦ 69 • � • � • • � :�: "� • I I HEIGH � ' � k � :� :� �•�• . . . .. • . . . . . . . . ; �\ ��'. , '� Q ,/ t � , ,, �•�.�• • �.� s•• • i , � ��i �� V ; • �• •'� -• • �� • .• ( f � :; �• �V � � �� •�nK� �� • � � . � \ � af� lS � ♦ � � � , \,\ \ • � y � y �- ♦ • • • j� �„ f � � j �k � y'� �9�� • ��r� '�� I�� \` � �. \. 1 l � �ti � g P� ,� � � • � 1� �' � � I , \�� \ � �r� , e 1 �� 9 pla •�� , � �• • �� • `�. °►4i� � • '0 l .% . ) �o Q� � ♦ � • ' ` • �:;;+ , ., i , 4 Q�p ' ,° :�' a�� , � � � `�\ �� .� • i " ,5 . _.� �� s � ZONING MAP Staff Report VAR #91-10, 7905 East River Road Page 2 A. STATED HARDSHIP: See attached letter. B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting a variance to increase the height of a fence in the front yard from 4 feet to 7 feet on Lots 7- 10, Block 3, Springbrook Park Addition, the same being 7905 East River Road. . Site The parcel is a corner lot with a single family rambler dwelling and a two car detached garage located on the property. The property is zoned R-3, General Multiple Family Dwelling, as are the properties to the east and west. C-1, Local Business, zoning is to the south; and R-1, Single Family Dwelling, zoning is.to the north. Analysis Section 205.04.06.A.(7) of the Fridley City Code requires that a fence, wall, or any natural. hedge or closely planted vegetation that forms a barrier shall not exceed four (4) feet in height within the limits of the front yard in all residential districts. Public purpose served by this requirement is to prevent tall fences in order to maintain the attractability of a residential area. The petitioner is requesting a variance to allow the construction of a 4 foot fence on a 3 foot high berm. Section 205.04.06.A.(7) of the City Code requires that all fences in the front yard be 4 feet in height. As the petitioner is artificially manipulating the grade by constructing a berm, staff applied the strictest interpretation of the code and required the petitioner to apply for the variance. The petitioner's lot is unique in the petitioner's "front yard", that area measured of the house forward, functions both as a side the garage in it, and also as a rear yard, recreational space occurs here. . i fact that the from the front yard, as it has as the family r Staff Report VAR #91-10, 7905 East River Road Page 3 As the petitioner is constructing a berm, the result of constructing the 4 foot fence on it would be similar to installing a 7 foot high fence in the front yard. The petitioner has a second landscape alternative which would entail the use of a 4 foot high fence with small flowering trees such as crabapple planted at 4-5 foot intervals. The intertwining branches and leaves would provide the screening the petitioner is looking for during the summer. The second alternative would not provide an immediate solution to the petitioner's screening problem, but would provide an alternative to the petitioner sahich would not require the variance. Staff has applied Code regarding the choose to apply a section. Recommendat�on the strictest interpretation of the City height of fences, but the Commission could more liberal interpretation of the Code Staff recommends, based on the strictest interpretation of the. Code, that the Appeals� Commission recommend to City Council denial of the variance request to increase the height of the fence in the front yard from 4 feet to 7 feet. If the Commission chooses to recommend approval of the variance request, staff would recommend the following stipulation: l. The fence and vegetation shall not be loeated within the public right-of-way. Appeals Commission Action The Appeals Commission voted unanimously to recommend to the City Council approval of the variance request with one stipulation: l. The fence and vegetation shall not be located within the public right-of-way. City Council Recommendation Staff recommends that the City Council deny the variance request to increase the height of the fence from 4 feet to 7 f eet . 6E � :; �� L.at 7 25' � VAR 4�9 ]-10 � ..- ��Q� j�� of�I ,. (,o+ ro I 2 $' 1 � � � � I ;. � i s � S+oYy , :, ''��in�b 1e� . . ; :. ' T � � i, : i . .. � F � ��1Q �pri,reway Gara�r� i� - `' 2s�' sF ; SITE PLAN VAR 4�91-10 � - PLAT a RAW l �iu � � ,� . � (TH1S IS NOT A SURVEY) _�,j� � C ur��versal C�Cie �--��--0.i, •rsaurar�co comparay FILE NO. (! � S'�55�"O INSP. DATE: �� v INSP. BY: �� STREET AOORESS: 1� S �. �u � 'C� �� AL t`� LEGAL �ESCRIPTION: WT� � '4- C� 1� c 3 S(L/ (,� �(,VJJC. P BUYER: /�� 1`S 1'� 1�%j S CA�(.i `� 1�=� • � , ''� ] � fCj / �V� � � l.-�.r � , � ��` '7' C� � �G . g � � ��. .__ __ � C� : � _. - �� __��....��...� ��...�. TL`_ • . I � � � r i�l � �STo�.`� �rm ¢c�R- J'( � � � ty' � s . G� F--� S- �.a�� U� a� - _ _� � � � 8v - �r� . � ;`=� 7 � ��l �� l. sG SITE PLAN • _ J �_ _ _ � " _ . _ _� _ . _ ..� _ .�__�_J �_ _____..._.._�.. 1_.....�..... .�...1 ��......i....., .� May 8, 1991 City of Fridley �Jariance Committee 6431 University Avenue Northeast Fridley, �N 55432 Dear Variance Committee, Please consider our application for a variance on the height of a fence on our property located on the corner of East River Road and 79.th Way. We would like to put a fence u� on the southwest corner of our lot beca�se that part of cur yard is facing the stop light. The grade of East River Road is about three r"eet above the height of our yard. As people wait at the lig�t they can look down into our yard. We feel a need for more privacy. We would also like fio put a patio on that side of our house and would like to be screened from the road. We will �e landscaping the si.de of the berm with small shrubs and ground cover. We will put in two feet of so� from the curb to the bottom of the berm. Thank you for your consideration in this matter. We hope the drawing is helpful in helpng you to understand our situation and our need to gain a greater sense of privacy. If these plans do not meet with your approval please suggest some alternativ�s. Thank you, �`�!�fa�GiG�� .'� � Reverend Niichael Klismith Description of Fence The fence will be constructed of wood with briek. pillars at ten root intervals. The end secticns wiil be lower in neight to produce a less abrupt ending. �r� � . ;.. , CITY OF FRIDLEY 6431 UNIVERSITY AVEN[JE N.E. FRIDLEY, MN 55432 Oomm.mity DeVelo�lt Depdttment (612) 571-3450 � . • �� w- .+• •; - • �� P�aOPE[tZ�Y �TI�I - site plan required for submittals; see attached Address: 7Gd � �- /�/v'�/' �/d-tu �i"lG�'l�l� , ��, 5.�� - L�gal description: Ir�ts ?� �}.T I D Bloc�c 3 Tract/Acldition turr�nt zoni.ng: ,��s�� f�, f squar� footage/acxeage . 33 •¢�re R,eason for variaix�e ar�d hardship: .�i9G,� �.Q/'�l��9G �il �T�i �U ,�2i.r.S� /`�� C./id�t �� f f/oh: f Section of City Qode: �t � S. -�(� � r, _�h�_��_`-�-�`- --�� t---t_{-�^c_-F'/ ��nc�e�,� ��4c� �� e„cE 1,� ,-�vo+�- Hc�c� c��, F�E �Vi�R INF'�JItMATI@t - G} � �� -'j � �Y� .��,��_ � �� { �'________ \�________ (Contract Purchasexs: Fee Ckemexs aaast sign this fo��arior to pr�c�e..ssir�g) n ia ADD�S.S LIAYTIl� PfiONE SIC�ZURE I�,TE PETITI�12 ]:L�+OI�Ils►TI�i . NAME ��l.�i��" /l//S/�i'/�� r �. 9nA�n� � �� - .�"�S" � szc��vx� - npa� �G Fee: $loo.00 $ 60.00 « for residential prap�xties �t � # �i-lU �� # �oo/� Application reoeived by: Scheduled Appeals Conunission date: Scheduled City Council date: ..�_�___��__�...�._.........��__�.�.,._�....,..r..,___� S � ...,...r...____...w.�.��__.........��.....�..._....,.��.._.... � CITY OF FRIDLEY lIPPEALB COMMISSION ME$TING� MAY 28, 1991 w. w. w. w. www.w. w.r ww. rwww.wwww.wrwwwww.w.w.w.�.r1rwwww.w.w�www.w..r..w.r�►w.ww.�.ww.ww.rw wwww.r�►w CALL TO ORDER• Chairperson Savage called the May 28, 1991, Appeals Commission meeting to order at 7:30�p.m. ROLL CALL: Members Present: Diane Savage, Larry Kuechle, Carol Beaulieu Members Absent: Ren Vos, Cathy Smith Others Present: Michele McPherson, Planning Assistant Michael Rlismith, 7905 East River Road Robert & Kathleen Amborn, 405 - 57th Place Leonard Vanasse, 57 - 81st Avenue N.E. Michael Bizal, 7880 Ranchers Road APPROVAL OF 1�AY 14. 1991. APPEAIS COMMISSION MINUTES: O�i TION by Mr. Kuechle, seconded by Ms. Beaulieu, to approve the May 14, 1991, Appeals Commission minutes as written. IIPON A VOICE VOTB, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. TABLED: CONSIDERATION OF VARIANCE REQUEST "VAR '�#91=10.`''BY `` MICHAEL KLISMITH: Per Section 205.04.06.A.(7) of the Fridley City Code, to increase the height of a fence from 4 feet to 7 feet in the front yard (4 foot fence on top of a 3 foot berm), on Lots 7, 8, 9, 10, Block 3, Spring Brook Park, the same being 7905 East River Road. MOT ON by Ms. Beaulieu, seconded by Mr. Kuechle, to remove the item from the table and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE� CBAIRPERSON BAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:31 P.M. Ms. McPherson stated this property is located at the intersection of 79th Avenue and East River Road. The property is zoned R-3, General Multiple Dwelling. Directly across the street is the Riverboat Shopping Center, as well as the Meadow Run Apartments. 6J. APPEALS COMMISSION MEETING. MAY 28, 1991 PAGE 2 Ms. McPherson stated the petitioner is proposing to construct a 4 foot fence on a 3 foot berm in what is defined by the Code as the front yard. The Code requires that all fences, walls, or natural hedges be maintained at a height of 4 feet in the front yard. The Code defines the front yard as that area of the yard which is in front of the front line of the dwelling unit. Ms. McPherson stated this request is unique in the fact that the petitioner is proposing to place the 4 foot fence on top of a 3 foot berm. Staff has taken the interpretation that the grade of the property is being artificially manipulated by the petitioner, and, therefore, they have to consider the additional 3 feet created by the berm. Ms. McPherson stated the petitioner does have a unique lot in the fact that most of the front yard functions as the petitioner's side yard and recreational area of the yard. However, the end result of constructing a 4 foot fence on a 3 foot fence would be that of installing a 7 foot high fence in the front yard. Staff has suggested that perhaps a similar solution would be to plant small dwarf trees spaced relatively close together to provide privacy from where the 4 foot fence would stop if the fence was installed at the natural grade. The branches would provide some screening and shade during the summer, and still provide natural sunlight during the wintertime. It would not provide an immediate solution to the petitioner's problem of requesting some type of screening from traffic on East River Road; however, it would not require a. variance. Ms. McPherson stated that staff has taken the strictest interpretation of the Code regarding the height of fences in the front yard and is recommending that the Appeals Commission recommend denial of the variance. If the Commission chooses to take a more liberal interpretation of the Code regarding the height of fences in the front yard and chooses to recommend approval, staff recommends the following stipulation: 1. The fence and vegetation shall not be located within the public right-of-way. Mr. Kuechle asked if the City has made any assessment on the effect a berm might have on the visibility of that intersection and the site lines. Ms. McPherson stated she did not request that the City Engineer look at this site; however, this can be determined before the Council meeting. If the fence is not constructed within the right-of-way, she believed the boulevard along the 6K APPEALS COMMZSSION MEETING, MAY 28, 1991 PAGE 3 service road and 79th Avenue is at least 10 feet, so the fence would have to be at least 10 feet back from the curb. So, there should be adequate visibility. In addition, there is the advantage that this is a service road which leads to a very small neighborhood; and it does not directly affect traffic visibility for East River Road. Ms. Savage asked Mr.�Klismith to explain his hardship and why he is choosing the fence on the berm. Mr. Klismith stated their greatest concern is the heavy traffic on East River Road. There is no sense of privacy in using what is considered their front yard. East River road is about 3 feet higher than their lot, so it is like they are being looked down on by all the traffic in that area. Mr. Klismith stated they do understand the Code requirement on the fence and staff's interpretation. They feel that by constructing a 4 foot fence on a 3 foot berm and landscaping, it would not only add to the beauty of their lot and to the neighborhood, but it would give them a little more privacy. The fence would be of wood and brick and would be tastefully done and would'add to the appearance of their property. Mr. Klismith stated that their two neighbors to the north support their efforts, and one neighbor called the City to voice her support. Ms. McPherson stated she received one call from a neighbor to the east regarding this particular request. This person said that as long as the fence and berm did not affect his property, he had no problem with it. Ms. Beaulieu stated she lived on East River Road for 7 years and moved out of a lovely home because of the heavy traffic. Living on East River Road is a hardship. Privacy along East River Road is non-existent. Mr. Klismith stated that if this proposal is not acceptable, they would appreciate any other alternatives. He stated staff's alternative would be easier and cheaper to do, but it would take years to grow a fence. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to close the public hearing. QPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON SAPAGE DECLARED THE MOTION CARRIED AND T8E PIIBLIC HEARING CLOSED AT 7:50 P.M. Mr. Kuechle stated that because of the hardship of living on East River Road, plus the additional complication of the way the house and yard are laid out on the lot, he would be 6L APPEALS COMMISSION MEETING, ��IAY 28. 1991 PAGE 4 � willing to recommend approval of the variance request with the stipulation recommended by staff, because he is concerned about site lines. Ms. Savage stated it seems the property it would affect the most is the gas station across from the property. The public purpose of the section of the Code is to maintain the attractability of residential areas. She did not see how the fence and berm could be detrimental to the property; in fact, they would be an attractive addition to the property. She would also recommend approval of the variance. Ms. Beaulieu agreed. O� TION by Mr. Kuechle, seconded by Ms. Beaulieu, to.recommend to City Council approval of variance request, VAR #91-10, by Michael Klismith, per Section 205.04.06.A.(7) of the Fridley City Code, to increase the height of a fence from 4 feet to 7 feet in the front yard (4 foot fence on top of a 3 foot berm), on Lots 7, 8, 9, 10, Block 3, Spring Brook Park, the same being 7905 East River Road, with the following stipulation: l. The fence and vegetation shall not be located within the public right-of-way. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:SO P.M. Ms. McPherson stated this item will go to City Council on June 17, 1991. 0 L'11'1DOlt1\ � (1) Per Section 205.07.01 B. (4) .(a) of the Fridley City Code, to increase the maxi um size of a garage from 1,000 square feet to 1,270 s are feet; (2) Per Section 205.07.03.D.(1) of the Fridley City Code, to reduce the front yard se back from 35 feet to 14 feet; To allow the construction of an addition to an existing garage, on Lot 2, Block 4, City View Addition, the same being 405 - 57th Place N.E. OTION by Ms. Beaulieu, seconded public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED AND THE PUBLIC 6M Mr. Kuechle, to open the aON SAVAGE DECLARED OPEN AT 7:53 P.M. r _ � i DATE: TO: FROM: SUBJECT: Community Development Department PLA►��TNING DIVISION City of Fridley June 13, 1991 William Burns, City Manager Jim Hill, Acting City Manager Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance, VAR #91-12, by Robert Amborn of 405 - 57th Place N.E. Attached please find the above-referenced staff report. The Appeals Commission voted unanimously to recommend denial of the request to the City Council. Staff recommends that the City Council concur with the Appeals Commission action. MM/dn M-91-410 � � STAFF REPORT APPEALS DATE �y �8. �91 CITY OF PLANIVING COMMISSION DATE FRI DLEY CITY COUNCIL DATE J� 17, 1991 AuT�t r�/�—=— REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION 405 - 57th Place SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTILffIES PARK DEDICATION ANALYSI� FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONqVG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #91-12 R�abert AmUorn Zb rec�ioe the requ.ired front yard setback fran 35 ft. to 14 ft. & increase the ma�.m�n square footage of an acoessozy bui.lding fran 1,000 sq. ft. t�o 1,270 sq. ft. 11,240 sq. ft. : Lot c�overac�. 16.3� R-3, Gene"ral Multiple Dwelling I�3, General Multiple Dwelling tA the N, S, W, & E Denial Deni.al .s � � 'h�Y ,^� i°:� J a '9 3 2B a c� z� _"3"'"- 26�{ ' 6 :j.; � S -"T-' 24 a� -'1' i : ... 22 0� J.P_ _ : 2/ V� // . : 20 'JZ_' ' : /9 M /9 '� ' ` /8 /4�a. : /7 l. / /f , � o.� z - z� 3 2B 1 .s a � S rs �. f d3 � ra� B ,i�. 9 io Z : zi � �j zo /2 �. �q �l �, �3 �B yJ itl�r F n a /' 41 i Ue N.�. ti i W L WIf 3 . 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'� _' � � V' �.if.tio �ti9,..� f9�� g :Wiv ♦'.'. -y�q �i v i/.. _'t_" ` /o� �� S'' °O `" 6 --�-- ' ., u t � c �., 5n.., r vl.e , �.r i� s:�� s: .� ... =, AVE� 'i N.E...,. � 9 .�, g -a, --�-'- i� Z •pi': . . . ' � _ _ .: .' . ._ � � B �" u'. +� 1 � C�) i^o �9 a ii ^ ' �. ' �••' .»> r� f� � is _, -� a 1' i Fn i2 ' i : � �/�¢ / 2 3 i s f f a// a O/s s* c .o ir ir .: is is is � . " . .2 ..� u . .�I . . �.Wl p �_'.11�„(�fi� ' .. . . . � _ . " , li ,-- �- �RE61 EREL j TH r. �'� ._ rw+�H:.,r PLACE ,..�. "�• �. ' : �avo swr i p, �/ � a'V' ��, �8i !ni :•i �; ... t�� ( J � � b� °: h .rJ �!n 4J Y) �yi �, « . ,r .� c ' �° .♦ / z 3✓ S s� ro ii a k= � „ / l ♦ � : f ,e/i/1/JN[!/ / � ��.10 16r -' i i � � i' '- '' .� ' " . � c. � i_� �... ' � - _ . ' -:,.:. ' ' �:. v'� z .. '—�'-�i�ri�'-��'�� —' i�—1 �� f� r-1 r—i (—� �c' i 2a 2 3 � S. f- ',h 3.� i3" tn � d e _'">3"' ; �.• �' / S(w� �s � "�' 6 r V% ' t %' ao r. .7 ' f O '� : 9 e B' Q f, l�� , f `.A1 ; 13 LOCATION MAP s Staff Report VAR #91-12, 405 - 57th Place N.E. Page 2 A. STATED HARDSHIP: City is requiring the petitioner to store his camper on a hard surface driveway (see attached letters dated December 7, 1990, and February 15, 1991) . He is choosing to enclose it in a structure. B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting two variances: (1) to.reduce the required front yard setback from 35 feet to 14 feet• and (2) to increase the maximum square footage of an accessory building from 1,000 sq. ft. to 1,270 sq. ft. The petitioner is proposing to construct additional garage space in order to meet the City Code requirements to park his recreational vehicle parked on a hard surface. The petitioner is choosing to store his recreational vehicle in a structure. In addition, the petitioner has indicated that his existing garage suffers water inundation in the sprin� from runoff from the slope of the rear yard and from the garage roof. The request is for Lots 1 and 2, Block 4, City View Addition, the same being 405 - 57th Place. Site Located on the property is a single family dwelling unit. General Multiple Family, and Multiple Family, on all sides. Analysis detached two-car garage and a The property is zoned R-3, is surrounded by R-3, General Section 205.07.03.D.(1) requires a front yard depth of not less than 35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. The Code requires that all vehicles be parked on a hard surface. The petitioner is choosing to construct additional garage space to the rear of his existing garage. To meet the Code requirement, all that is required is to pave an additional parking area to the west of his existing . ' Staff Report VAR #91-12, 405 - 57th Place N.E. Page 3 driveway. The property located to the west of the subject property is a 33 foot right-of-way dedicated to the City when the property was platted in 1887. A gas main is located within the right-of-way. The petitioner is proposing to request an access easement from the City in order to access the garage addition. The petitioner has three options which would allow him to meet the Code requirement: l. Provide a paved parking area for the recreational vehicle adjacent to his existing driveway. 2. Expand his existing garage to within 5 feet of the west lot line and to expand the garage toward 57th Place. 3. Vacate the public right-of-way which would provide an additional 1b 1/2 feet of property for the petitioner; however, the petitioner is concerned with the location of the gas main and whether he would have adequate area to expand to the west. While the petitioner has several alternatives which would allow him to meet the Code without requiring a variance, the petitioner's lot is unique in that it is doublefronted and that there are no houses which front 57 1/2 Avenue to the north. However, the petitioner would not meet the minimum rear yard setback of 25 feet for a standard interior lot with the proposed addition. Section 205.07.01.B.(4).(a) requires a garage to not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 square feet. Public purpose served by this requirement is to maintain residential quality of a neighborhood by limiting the size of accessory structures. The proposed addition will not adversely impact the lot coverage, increasing it from 16.3% to 22.6%. However, the petitioner could reduce the size of the addition by 270 sq. ft., which would reduce the size of the addition to 13 ft. by 33 ft., more than adequate to park a recreational vehicle. 6 S Staff Report VAR #91-12, 405 - 57th Place N.E. Page 4 Recommendation Staff recommends that the Appeals Commission deny the variance request to reduce the front yard setback from 35 feet to 14 feet and to increase the maximum square footage of an accessory building from 1,000 sq. ft. to 1,270 sg. ft. as the petitioner has other alternatives which would allow him to meet the Code. However, if the Commission chooses to approve the variance request, staff recommends the following stipulations: 1. The petitioner shall provide a hard surface driveway to the proposed addition by September 1, 1992. 2. The petitioner shall sign and record against the property an agreement with the City which will allow him access to the property in perpetuity and which releases the City from liability or incurring any costs should the improvements be disturbed due to maintenance of utilities within the right-of-way. Appeals Commission Action The Appeals Commission voted unanimously to recommend to City Council denial of the request. City Council Recommendation Staff recommends the City Council concur with the Appeals Commission recommendation. 6T � r. , , �'✓ � � G �l - � S ��s"��- .. � n�s� VAR �691-12 Robert Amborn � / .' � �C7o a ►- J ; su ELEVATION VAR �� 91-12 s v SITE PLAN _ U�tYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRlDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 December 7, 1990 Robert and Kathleen Amborn 405 - 57th Place N.E. Fridley, MN 55432 RE: Property at 405 - 57th Place N.E. Dear Mr. and Mrs. Amborn: on July 1, 1990, the City of Fridley began a new program called Systematic Code Enforcement. This program i� designed to provide fair and equitable code enforcement, improve the City's appearance, and maintain property values by creating a more attractive suburban environment. Under this program, all properties in the City will be inspected approximately once each year to ensure that they are in compliance with the Fridley City Code. A recent inspection of your groperty revealed that not all Code requirements are presently being met. Listed below is an item which does not comply with the Code: 1. Fridley City Code requires that all vehicles must be currently licensed/street operable and kept on a hard sureface parking area, or stored in an enclosed structure. Observed two vehicles (RV38002 and RV25727) parked: off hard surface driveway along west side of garage, Your prompt attention in cor�ecting this problem would help us in our effort to improve the City. A reinspectian will be conducted on or about December 27, 1990, a� which time compliance is anticipated. Please call me at 572-3595 if you have questions or wish to discuss this further. Thanks for your cooperation! Sincerely, Steven Barg Code Enforcement Officer SB:ls C-90-1088 0 6 W .�-r- �: �' _ }X C�TYOF FRI DLEY FR(DLEY MUN1C[PAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 February 15, 1991 Robert and Kathleen Amborn 405 - 57th Place N.E. Fridley, NIId 55432 RE: Extension of Time to Comply with Fridley City Code Dear Mr. and Mrs. Amborn: Recently, I sent you a letter concerning the parking of one or more vehicles on your property in a manner not in compliance with the Fridley City Code. Upon speaking with you, I learned that you wished to comply, but you required additional time to make the necessary arrangements. Based on this information, I qranted you an extension of one year to fully comply with the City's parking requirement. This letter is to confirm that you have until December 31, 1991, to take the steps needed to comply with the Fridley City Code. This may be accomplished by creatinq additional paved parking and/or making other arrangements, such that all vehicles on your property are kept in your existing driveway, on an adjacent paved area, or in an enclosed structure. (Please be advised that the time extension only applies to vehicles which are currently licensed and street operable.) Feel free to call me at 572-3595 if you have questions or wish to discuss this matter further. Thanks for your cooperation! Sincerely, Steven Barg Code Enforcement Officer SB:ls CE-91-29 s X 5. 6. January 1, 1983 shall have a basement except if located in a flood plain area. . � � • AARKING RDQUIRII�TIS A. General Pravi.sions. (1) A minimun of two (2) off-street parking stalls shall be provic3ed for each dwelling unit. (2) The required parking stalls shall not be 1 ocated in any portion of the required front yard except -on a driveway or hardsurfaoed parking spave approved by the City. (3) Al1 driveways and parking stalls shall be set back three (3) feet from a� property line except as agreed to in writing by adjacent property vwners and filed with the City. B. Garage Requir�nents. (1) All lots having a minimu�► lot area of 9,000 square feet or resulting from a lot split shall have a cbuble garage. (2) All lots having a lot area less than 9,.000 square feet and greater than 7,500 square feet shall�have a single garage. (3) The above requirements shall satisfy the off-street g3rking stall requirenent. pEFtFpRNiANCE S�1i�IDARD6 A. Parking Requireme�ts. (1) Existing Facilities: 8. (a) At least one (1) off-street parking stall shall be �rovided for each dwelling unit. (b) The required garking stall shall not be located in any pc>rtion of the required front yard, except on a c'siveway or har�urfaoed garking spaoe appraved by the City, anci set back a minim�an of three (3) feet from the sicie property line, except as agreed to by adjacent property awners. (c) A garage shall satisfy the off-street parking stall requirenent. (2) All driveways and parking stalls shall be surfaoed with t�Sacktop, ooncrete or other hard surface material approved by the City. F3cterior Storage. (1) Nothing shall be stored in the required front yard. (2) All materials shall be ke�t in a building or shall be fully screened, so as not to be visible from any public right of way except for stacked f irewood, boats, and trailers plaoed in the sic3e yara. (3) The City shall require a Special Use Permit foz any � � aos.o�.ob. ... � •�� r� � �. � �• • •. • �� ••�. 205.R1-6 .ti 1 �� GIi'SC OF FRIDI�7C 6431 IJNIVERSITY AVIIdfJE N.E. FRIDLEY, I�IIJ 55432 (612) 571-3450 '�� ii iii �t A � aL- •� n a� �_�� . K�i�:u� VAR�I�IC'E AP'PT�IC�iTI� F�O�iM PimPEl�t'Y II�TI�T - site plan required for sutxnittals; see attac�zed �S: �/ 2,S :�7 7 h D1... �- r�egal aescription: Int �.. B1ocJc Tract/Addition � ! 7� �1 �/ G / � �.irrn.nt zonir�g: Square f e/acxeage /� a- a d- Reason for vari.anoe arr3 isardship: l�L.- n/ � s�° �` _ _ � � • ^ i�• � � . •� ►• r, �on of City docie: '� WuMi� --�, �vP� o� �t-i- i,J (Contxact Punl�asers: Fee Owners �au.st sign this form prior to prooessir�g) �� i: �a.'� P�,'PI'PI��it IIZEnRI�TI�1 �►�� • � �.• a. DATE i• � i � � i SIC�'IURE I]ATE Fee: $100.00 $ 60.00 x for residential properties Permit VAR # ` I l - ! � Reoeipt # '�7jC f � � Application z�eoeived by: . , Scheduled Ap�aeal.s Oo�ai.ssi� date: �v; : "'Y,. ;: i`'i 1 � Sc�eduled City �nu�cil date: �, _......_...._.....�_...... ........ .._,..__»�.........___...._ � �-i APPEALS COMMISSION ME$TING, 1�AY 28, 1991 PAGE 4 2. willing to recommend app oval of the variance request with the stipulation recommended by staff, because he is concerned about site lines. Ms. Savage stated it seem the property it would affect the most is the gas station ac ss from the property. The public purpose of the section o the Code is to maintain the attractability of residenti 1 areas. She did not see how the fence and berm could be detr mental to the property; in fact, they would be an attractive addition to the property. She would also recommend approval of the variance. Ms. Beaulieu agreed. MOTION by Mr. Kuechle, seconded" to City Council approval of var Michael Klismith, per Section 2 City Code, to increase the heic 7 feet in the front yard (4 fc berm) , on Lots 7, 8, 9, 10, Bl< same being 7905 East River stipulation: �y Ms. Beaulieu, to recommend ance request, VAR #91-10, by .04.06.A.(7) of the Fridley i of a fence from 4 feet to � fence on top of a 3 foot : 3, Spring Brook Park, the R ad, with the following 1. The fence and vegetation the public right-of-way. IIPON A VOICE VOTE, ALL VOTING AYE, THE MOTZON CARRIED AND THE PIIBLIC Ms. McPherson stated this item will go 17, 1991. 11 not be located within :SON SAVA(3E DECLARED CL08ED AT 7:50 P.M. City Council on June CONSIDERATION OF VARIANCE REQUEST, 'VAR�'#91=12 BY RO�� '` �� AMBORN • , (i) Per Section 205.07.O1.B.(4).(a) of the Fridley City Code, to increase the maximum size of a garage from 1,000 square feet to 1,270 square feet; (2) Per Section 205.07.03.D.(1) of the Fridley City Code, to reduce the front yard setback from 35 feet to 14 feet; To allow the construction of an addition to an existing garage, on Lot 2, Block 4, City View Addition, the same being 405 - 57th Place N.E. OM TION by Ms. Beaulieu, seconded by Mr. Kuechle, to open the public hearing. • IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BAVAGE DECLARED THE MOTION CARRIED AND THE PQBLIC HEARING OPEN AT 7553 P.M. � � . � � APPEALS COMMI88ION MEETING, MAY 28. 1991 PAGE 5 Ms. McPherson stated the property is zoned R-2. The petitioner has two variance requests. One is to reduce the required front yard setback from 35 feet to 14 feet, and the second is to increase the maximum square footage of an accessory building from 1,000 sq. ft. to 1,270 sq. ft. Ms. McPherson stated the petitioner's request is in response to a letter from the City's Code Enforcement Officer regarding the City Code requirement to park all vehicles on some type of hard surface. In this instance, the vehicle in violation is a recreational vehicle (RV). The petitioner is choosing to add on to his existing garage in order to provide storage space for the RV and also to try to correct a water problem with his existing garage because of the slope of his property. Ms. McPherson stated that currently located on the property is a detached double car garage and a single family dwelling unit. Because the City has notified the petitioner that his RV should be parked on a hard surface driveway, he is proposing an addition to the rear of his existing garage. Located to the west of the property is a 33 foot public right- of-way dedicated to the City in 1887 when the area was platted. A gas main is located somewhere within this right- of-way. The petitioner has seen the gas company excavate this main and is relatively sure that it is close to his property line. Ms. McPherson stated the petitioner has three other alternatives to meet the Code requirement without needing variances: 1. To provide a paved parking area for the RV adjacent to the existing driveway. 2. To expand his existing garage to within 5 feet of the wets lot line and to expand the garage toward 57th Place. 3. To vacate the public right-of-way which would provide an additional 16 1/2 feet of property for the petitioner; however, the petitioner is concerned with the location of the gas main and whether he would have adequate area to expand to the west . The location of the gas main would determine exactly how much additional room the petitioner would have to expand the garage if the vacation was approved. Ms. McPherson stated that while the petitioner does have these alternatives, the petitioner's lot is unique in the fact that it is double-fronted and that none of the houses on 57th Place actually front 57 1/2 Avenue to the north. There are several existing outbuildings on the adjacent properties that fall . : : APPEALS COMMISBION MEETING, MAY 28. 1991 PAGE 6 within that 35 feet setback; however, in reviewing the adjacent building files, she did not find any prior variances granted. Ms. McPherson stated the petitioner's request would not meet the rear yard setback of 25 feet for a standard interior lot with the proposed addition. He would have to shorten the addition by approximately 11 feet to meet the interior lot requirement. Ms. McPherson stated the second variance request is to increase the maximum square footage from 1,000 sq. ft. to 1,270 sq. ft. The proposed addition would not adversely impact the lot coverage. The lot coverage would be increased by approximately 6.3�; however, he would be well within the 25� lot coverage allowed by Code. The petitioner could reduce the size of the proposed addition by 270 sq. ft., which would reduce the size of the addition to 13 ft. x 33 ft. Ms. McPherson stated that staff recommends the Appeals Commission recommend denial of both variance requests as the petitioner has other alternatives that would allow him to meet the Code. However, if the Appeals Commission chooses to recommend approval, staff recommends the following stipulations: 1. The petitioner shall provide a hard surface driveway to the proposed addition by September 1, 1992. 2. The petitioner shall sign and record against the property an agreement with the City which will allow him access to the property in perpetuity and which releases the City from liability or incurring any costs should the improvements be disturbed due to maintenance of utilities within the right-of-way. Ms. McPherson stated the petitioner would request an access easement from the City to access the west side of the proposed addition to allow him to park the RV and any other vehicles in the addition. Mr. Amborn stated this request is to meet the City's code requirement for parking vehicles on a hard surface driveway. He stated that as long as he would be putting in a concrete s2ab to provide this parking, he decided to try to solve his water problem at the same time. The original house and garage were destroyed in the 1965 tornado, and he purchased the praperty after that. The original garage slab was enlarged and the existing garage was built; consequently, there is a slope in the back of the lot that was never changed. During heavy rains and spring run-off, he does have water problems. So, the water problem and adding on to the garage for RV and sCC APPEALS COMMISSION MEETING. DSAY 28. 1991 PAGE 7 boat storage are the reasons for the size of this garage addition. Mr. Amborn stated the addition to the back of the garage would be more aesthetic because it would not be very noticeable from the front of the property on 57th Place. There is an 8 foot grade difference between 57th Place and 57 1/2 Avenue. He will need a 20 foot door to accommodate the RV, but the door will be on the side facing the garage to the west, 417 - 57th Place. (He stated the garage to the west of his property is at least 20 feet high at the peak.) Putting the garage door on the front would make a roof line that would be very difficult to match in with the existing garage. He stated that there is a gas main about 12-14 feet from the existing garage, and he is requesting an easement from the City in order to access the garage addition. If he had to add on to the west side of the garage, it would be too close to the gas main, which has to been dug up in the past. Mr. Amborn stated the variance from the back is called the front yard setback, but in reality it is the rear of all the houses that are facing 57th Place. As far as aesthetics, the view or site line won't encroach into any of the neighbors' site lines on either side of him. Ms. McPherson stated that Section 205.07.03.D.(4). Double Frontage, (bj, states: "The setback for garages and accessory buildings in the rear yard shall be the same as for a front yard." This should help clarify the front yard versus rear yard issue. Mr. Amborn stated the reason for his variance request is to meet the code to provide storage for his RV and boat and to solve his water problem. He thought this proposal would give the best look to the property. As far as the hard surface driveway going over onto a gas main on a City easement, he did not think he should be required to provide a hard surface driveway over a gas main that has been dug up in the past. He has an existing semi-hard limestone drive for the storage area for his RV. This driveway is used only several times a year. Mr. Amborn stated the existing garage is 576 square feet, so it is an increase from the maximum allowed of 1,000 square feet to 1,270 square feet. Ms. Savage asked how long the hard surface vehicle parking requirement has been in effect. Ms. McPherson stated she believed it has been a requirement for a very long time. . � � APPEALS COMMISSION ME$TING, MAY 28, 1991 PAGE 8 Mr. Amborn stated he thought that at one time, RV's were exempt from the hard surface parking requirement. Ms. Savage asked why Mr. Amborn wanted to keep his RV in the garage rather than just on a hard surface parking area. Mr. Amborn stated that RV�s are very expensive, and when they are parked outside in the weather, they are subject to leaking and overall deterioration. The same is true for the boat. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE oOTE � ALL VOTING AYE, CBAIRPERBON BAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Kuechle stated there are some unique things about this lot that are different from other lots and the fact that it is a double frontage lot. He is generally against building garages this large, because almost every homeowner in Fridley can use a larger garage. The Code should either be changed to allow larger garages, or the Code should be enforced unless there are special exceptions. He realized the Counci� has granted variances for larger.garages in the past, but he would recommend to the Council denial of this variance. Ms. Beaulieu stated that if this vehicle has been stored outside all this time, she did not see a special hardship for enclosing it now. The petitioner should just put down the hard surface to meet code. She also would recommend denial of the variance. Ms. Savage stated she has difficulty seeing a hardship in conforming to the Code. She agreed that the property is somewhat unique, and it does not appear that the proposed garage addition would have an adverse effect on the neighborhood. However, she did not think they should set a precedent when there are so many people in Fridley who would like to have larger garages in which to store extra vehicles and recreational vehicles. She agreed with Mr. Kuechle and Ms. Beaulieu and would recommend denial of this variance. MO ION by Ms. Beaulieu, seconded by Mr. Kuechle, to recommend to City Council denial of variance request, VAR #91-12, by Robert Amborn: 2. Per Section 205.07.01.B.(4).(a) of the Fridley City Code, to increase the maximum size of a garage from 1,000 square feet to 1,270 square feet; 6EE APPEALS CO�ISSION MEETING, MAY 28. 1991 PAQE 9 2. Per Section 205.07.03.D.(1j of the Fridley City Code, to reduce the front yard setback from 35 feet to 14 feet; To allow the construction of an addition to an existing garage, on Lot 2, Block 4, City View Addition, the same being 405 - 57th Place N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on June 17, 1991. 3. CONSIDERATION OF VARIANCE REOUEST, VAR #91-13. BY LEONARD VANASSE• Per Section 214.12.02.B of the Fridley City Code, to increase the maximum square footage of a sign from 80 square feet to 101 square feet, to allow the construction of a free- standing pylon sign, on Lot 3, Block 1, Mar-Len Addition, the same being 57 - 81st Avenue N.E. O ON by Mr. Kuechle, seconded by Ms. Beaulieu, to open the public hearing. IIPON A VOICL VOTE, ALL VOTING AYE� CHAIRPERSON SAVAQE DECLARED THE 1riOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:23 P.M. Ms. McPherson stated the property is located at the intersection of 81st Avenue and Main Street. It is currently the ANR Trucking Terminal. The property is zoned M-2, Heavy Industrial, as are the surrounding properties. Ms. McPherson stated the petitioner is subleasing a portion of the ANR Trucking Terminal to Crouse Cartage Company. The petitioner is proposing to install a 21 square foot sign to allow the public to find the Crouse Cartage Company. However, the sign increases the maximwn square footage of the sign on the property from 80 square feet to 101 square feet. ANR Trucking currently has an 80 square foot sign. Ms. McPherson stated that Section 214.21.02.A-D of the Sign Code outlines four conditions that must be met prior to the Appeals Commission recommending approval of a sign variance: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. 6FF r � � � DATE: TO: FROM: SUBJECT: Community Development Department NG DIVISION City of Fridley June 13, 1991 William Burns, City Manager Jim Hill, Acting City Manager Barbara Dacy, Conumunity Development Director Michele McPherson, Planning Assistant Variance, VAR #91-13, by Leonard Vanasse of 57 - 81st Avenue N.E. Attached please find the above-referenced staff report. The Appeals Commissi.on voted unanimously to recommend approval of the variance request with the following stipulation: 1. The subdivision process to split a portion of the parcel for Crouse Cartage Company shall be completed within two years. If not, the signage shall be reduced to 80 square feet. Staff recommends that the City Council deny the request, as the property has signage and the variance request does not meet the four conditions outlined in Section 214.21.02 of the Fridley Sign Code. MM/dn M-91-411 � � STAFF REPORT APPEALS DATE May 28, 1991 CITY OF PLANNING COMMlSSION DATE FRiDLEY CITY COI�ICiL DATE June 17, 1991 AuT� �� REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION �iT:E DATA SIZE DENSii'Y PRESENT ZONING ADJAC�NT LAND USES & ZONING li7�fl'IES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES & ZON�VG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #91-13 I�onard Vanasse To increase the maxiirnnn square footage of -a sign fnxn 80 sq. ft. t�o 101 sq. ft. : 57 - 81st Av�nue N.E. 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'� � ' -_'. _. . . _' �� 1PR`' W 7 Q BERTY � z O � � Q . � � � / � � �� T8 .. ��•• • • 4 • . � • � � v `C,o. • �s • ,� t • ' � . � � . � . � . � ' - � �ti � � � ♦ %L•%r, N .y � � • � � ,a ♦ es �.. _ �.��_.iL_._, . : • ...• . � .'� �. ; ..... ......... .:.::.:�;. a s.. l k � •1r � . • . . . . . . . . . . .� t � � Q ti Gi� � • • • � �p • • • • • • O � ��3.`� _ , a�� . s!. ��`�_��. •�YI �• •�139 ��• c9 6JJ MAR�L£N ADD. i. / / �r/,� i i�� /,;% /,/ ;% �/�/ �'� /,/ ZONING MAP Staff Report VAR #91-13, 57 - 81st Avenue N.E. Page 2 A. STATED HARDSHIP: "Owner is subleasing property with option to purchase, and there is not enough signage allowable for tenant." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is proposing a variance to increase the maximum square footage of a sign for a development from 80 sq. ft. to 101 sq. ft. The request is for Lot 3, Block 1, Mar-Len Addition, the same being 57 - 81st Avenue N.E. Site Located on the property is the ANR Trucking terminal. The property is zoned M-2, Heavy Industrial, as are properties directly abutting it. ANR Trucking is reducing their use of the property and is subleasing a portion of the property to Crouse Cartage Company. Crouse Cartage is requesting a new sign in addition to the current ANR Trucking sign located on 81st Avenue. Analysis Section 214.12.02.B requires that a free-standing sign not exceed 80 square feet in M-1 and M-2 zoning districts. Public purpose served by this requirement is to control the visual pollution and excessive use of signage in industrial districts. Section 214.21.02.A-D of the City Sign Code requires that four conditions be met prior to the Appeals Commission granting a sign variance. The following analysis will evaluate whether the proposed request meets those four conditions: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The property is zoned similarly to adj acent properties in this industrial area of the City. The property is not unique in its shape, size, or layout that would justify a variance to be granted. The property currently has an 80 sq. ft. sign which is the maximum allowed by Code. This sign could be revised to provide area for the requested signage. 6KK Staff Report VAR #91-13, 57 - 81st Avenue N.E. Page 3 B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and district, but which is denied to the property in question. The property currently has a sign. Denying the variance request would not deny signage for the property, but would reduce the amount of signage to that which is allowed by Code. In addition, if the property is ever subdivided, the new lot will then be allowed to have its own 80 sq. ft. free-standing pylon sign. C. That the strict application of the chapter would constitute an unnecessary hardship. Strict application of the Chapter does not eliminate the opportunity for signage on the property. It would only limit the amount of signage allowed on the property. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The proposed sign, while unlit, would not properties negatively; however, granting the increase the number of signs on the property and would increase the square footage of signs to 101 sq, ft. Recommendation impact adjacent variance would from one to two from 80 sq. ft. As the variance request does not meet the four conditions outlined in Section 214.21.02 of the City Sign Code, staff recommends that the Appeals Commission recommend to Council denial of this request. Appeals Commission Action The Appeals Commission voted unanimously to recommend to City Council approval of the request with one stipulation: 1. The subdivision process to split a portion of the parcel for Crouse Cartage Company shall be completed within two years. If not, the signage shall be reduced to 80 square feet. City Council Recommendation As the request does not meet the four conditions outlined in Section 214.21.02 of the Sign Code, staff recommends that the City Council deny the variance request as proposed. 6LL A N � �4S r Z �-� � VAR �F 9 1-13 Leonard Vanasse _ P, t�. ". �`: s r. A vt'. sMnn SITE PLAN I� i I I, � � '� . . �, . . , ,.`. .. Y ' :� �. -. ' . . . . . 1 . � �' ` • . • �Y , , , • . ,\�q�h. �, :Y ...• .. a. • . • . • �• . �- "`~s:. C1�OUSE C�RtA6E CO�i�A!!Y . . . , ..�.yA•,. • ay. �. . . .. • . . . � 1�•. _i.�� ` • f ' • •� YY . ,. . ;'!h �'� • ." . � i . . . � _ • . .. � . . . � .. , . � � . ... i � � . . � �.i . . • '. . . : � " , • � � i . y� t� 1 / � - - m 6NN VAR ��91-13 Leonard Vanasse 0 .' '�. � • , , i �.::� . �� ;F: . . •� ELEVA�ION � CITY OF ��tmLEY 6431 UNIVERSITY AVEN[JE N.E. FRIDLEY� MN 55432 (612) 571-3450 •� i� iii �� - - r� n,^ � � c.� . ■i�.a .r..._��__.r....r..._ �....,._.......r.r.. ..,... �.......,.......�.. _��.........w...._�......� VAIt�E AY'PI�.ZC�TIO�T F�O�I PtaoPEit7.R II�TI�T - site plan required for submittals: see attac3ied Address: �� s T �� it�' � l Legal. deSCrlpti.orl: .� L � �D � � %%%9/'=l �vl ,�d��/7 � I�t �3 alocac �3 d.� j Tract/�ditiori i�%�'t' -- 1_ e�..r- C�.irrent zoning: N� --2 Square footage/acreage Reason for variance and i�ardship: .�'c�v'v� �� s �'v �/e v s i.� 9 i/ i��'� �� ZQ,I'-+� Section of City Oode: � � • � � � � � ! � , /1 .� / `°r/� ...�,n / ..��T� �o i__, i�i !r C.irlii Go_ i1�/A�iJ�46/P �F+isl� ,��i/ZeDM/ � o�r� �rrno��r �;� � /�y��N� -� �-;�, (por�tract pumhasexs: Fee Owners �ust sign this form priar to prooes.sing) � M�� .�J�� -t��l�r�n �� •��rtT � 5�.� �s � i �8 � � P� N � � c ►- � �i� n��orr N� L �°�9� G�rc� !/ �/iZ�,-l'✓-�e-- nA�.a� ��orrE '7�� l� � 7 ADDRESS C � % o%�S��l/�- � �, �`! �%� n� �"- �'-�� MM�u! - • � r, t• - � ��/ / Fee.�_�_...___$100. 00__�.,._, �...........r.....___............_�_�_.,.__......_....r...� .............�.......,...��_�..,...__.,.�_.._ $ 60.00 for residential properties Permit VAR # �'(%_ Reoeipt # y 4 0211 �- Application reoeived by: Scheduled Appeals C�oa�unis.sion date: �� i l Scheduled City Coiuzci.l date: �___�___�,.,�.___��_��_�......��__ s O O .�...._�___.�...._�� _.�....�....�_��__�___ 2. Per Sectian Code, to red to 14 feet; To allow the constructic garage, on Lot 2, Block 4, 405 - 57th Place N.E. 5.07.03.D.(1) of the Fridley City the f ront yard setback f rom 3 5 f eet of an addition to an existing .ty View Addition, the same being IIPON A VOICE VOTE, ALL VOTING �YE, CBAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ONANIMODSL . Ms. McPherson stated this item �ill go to City Council on June 17, 1991. 3. CONSIDERATION OF VARIANCE REOUEST VAR #91-13 BY LEONARD �; VANASSE • Y Per Section 214.12.02.B of the Fridley City Code, to increase the maximum square footage of a sign from 80 square feet to 101 square feet, to allow the construction of a free- standing pylon sign, on Lot 3, Block 1, Mar-Len Addition, the same being 57 - 81st Avenue N.E. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE � CHAIRPERSON SAVAGE DECLARED T8E MOTION CARRIED AND THE PIIBLIC BEARING OPEN AT 8:23 P.M. Ms. McPherson stated the property is located at the intersection of 81st Avenue and Main Street. It is currently the ANR Trucking Terminal. The property is zoned M-2, Heavy Industrial, as are the surrounding properties. Ms. McPherson stated the petitioner is subleasing a portion of the ANR Trucking Terminal to Crouse Cartage Company. The petitioner is proposing to install a 21 square foot sign to allow the public to find the Crouse Cartage Company. However, the sign increases the maximum square footage of the sign on the property from 80 square feet to 101 square feet. ANR Trucking currently has an 80 square foot sign. M= McPherson stated that Section 214.21.02.A-D of the Sign Code outlines four conditions that must be met prior to the Appeals Commission recommending approval of a sign variance: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. . . APPEALS COMMISSION MEETING. MAY 28, 1991 PAGE 10 The property is zoned similarly to adjacent properties in this industrial area of the City. The property is not unique in its shape, size, or layout that would justify a variance to be granted. The property currently has an 80 sq. ft. sign which is the maximum allowed by Code. This sign could be revised to provide area for the requested signage. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and district, but which is denied to the property in question. The property currently has a sign. Denying the variance request would not deny signage for the property, but would reduce the amount of signage to that which is allowed by Code. In addition, if the property is ever subdivided, the new lot will then be allowed to have its own 80 sq. ft. free-standing pylon sign. C. That the strict application of the chapter would constitute an unnecessary hardship. Strict application of the Chapter does not eliminate the opportunity for signage on the property. It would only limit the amount of signage allowed on the property. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The proposed sign, while unlit, would not impact adjacent properties negatively; however, granting the variance would increase the number of signs on the property from one to two and would increase the square footage of signs from 80 sq. ft. to 101 sq. ft. Ms. McPherson stated staff is recommending that the Appeals Commission recommend denial of the request as the variance request does not meet the four conditions outlined in the Sign Code. Mr. Leonard Vanasse stated that the property is owned by Gulf Coastal, which still operates ANR Trucking on a limited basis. The company is proposing to subdivide the property. A fair amount of the subdivision has occurred in the interior of the building. The final approval to subdivide the property and sell Crouse Cartage their portion of the property is going to take some time. In the meantime, they have no signage. This is a large property, 20 acres, which is a fairly large piece of property for only one sign. .l�� APPEALS COMMISSION MEETING. MAY 28, 1991 PAGE 11 Mr. Vanasse stated that while they are trying to get the property subdivided and finalized between the two corporations, could a temporary variance be granted for the sign for a period of time, subject to completion of the final subdivision? It is very difficult to run a business like Crouse Cartage without having a sign of any kind. Ms. Savage_asked if City staff has an opinion on signage when two companies occupy the same site. Ms. McPherson stated it could be looked at the same as a multi-tenant building with two tenants. The City allows a pylon sign of 80 sq. ft., and the tenants have individual wall signs. In this instance; wall signage would not be practical because the building is not visible from the street. Mr. Vanasse stated that when the property was approved for a truck terminal, they were required to have a 4 ft. berm and 8 ft. fence and extensive landscaping. But, that landscaping now creates a hardship, because the building is not visible. If people could see the trucks with the company name, there would be no need for a sign, so they need a sign out on the street. This is not a very big sign. Theoretically, according to Code, they could subdivide the property into more parcels and each parael could have an 80 square foot sign. No consideration is being given to the size of a parcel. � Ms. Beaulieu stated that when the property is subdivided as explained by Mr. Vanasse, is Crouse Cartage then allowed its own sign? Ms. McPherson stated that is correct. Mr. Vanasse stated he thought a temporary variance would be the solution. MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE� ALL VOTZNG AYE� CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND T8E PQBLIC HEARING CLOSED AT 8:41 P.M. Mr. Kuechle stated he did not like to recommend approval of signs over 80 sq. ft. He did think the Crouse Cartage sign is a very nice sign, and he could appreciate the fact that the company needs a sign. He did not understand why ANR Trucking could no� reduce its sign proportionately. With the costs that have already gone into subdividing the building, the cost of a different sign would not be a very large percentage. That seemed like the valid option. In this case, signage is not necessary for the general public, because the only traffic is probably other truck drivers from other companies. However, he would be willing to recommend to City . . � APPEALS COMMI88ION MEETING. MAY 28, 1991 PAGE 12 Council approval of this variance with a stipulation that the subdivision must occur within two years. Ms. Savage stated she normally is very opposed to increasing the size of signs. She had a hard time finding the property, because the existing sign is not a very intrusive sign and the buildings are set so far back from the road. She did not think a larger sign � in this type of area would be visually polluting in this type of area, and it seems Crouse Cartage Company does need some type of signage. She is willing to recommend approval of the variance with the understanding that the subdivision must occur within two years; and, if not, the sign will have to come down. �'IOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to recommend to City Council approval of variance request, VAR #91-13, by Leonard Vanasse, per Section 214.12.02.B of the Fridley City Code, to increase the maximum square footage of a sign from 80 square feet to 101 square feet, to allow the construction of a free-standing pylon sign on Lot 3, Block �1, Mar-Len Addition, the same being 57 - 81st Avenue N.E., with the following stipulation: 1. The variance to be granted for a period of two years, at which time the subdivision shall have occurred. QPON A VOICE QOTE, ALL VOTING AYE, CHAIRPERBON BAVAGE DBCLARED T$E MOTION CARRIED IINANIMOOSLY. Ms . McPherson stated this item will go to City Council on June 17, 1991. 4. CONSIDERATION OF VARIANCE RE4UEST. VAR #91-14, BY MICHAEL BIZAL, BIZAL, INC.: Per Section 205.18.03.D.(3) of the Fridley City Code, to reduce the rear yard setback from 25 feet to 8 feet, to allow the construction of an addition on Lot 1, Block 3, East Ranch Estates 2nd Addition, the same being 7880 Ranchers Road N.E. MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to open the public hearing. IIPvN A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:49 P.M. Ms. McPherson stated this property is located at the intersection of 79th and Ranchers Road. The property is zoned M-2, Heavy Industrial, as are the properties surrounding it. There is M-1, Light Industrial, zoning to the northeast of the subject parcel. Ms. McPherson stated the petitioner is proposing to construct a 40 ft. by 137 ft. addition to the south of the existing sss Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager PW91-180 / FROM: John G. Flora, Public Works Director DATE: June 12, 1991 SUBJECT: Change Order No. 1- 3 MG Concrete Reservoir Project No. 200 Landscaping work is the only remaining item to complete the 3 MG Concrete Reservoir Project No. 200 with Western Waterproofing, Inc. We have requested a deduct for the landscaping work around the 3 MG Concrete Reservoir because Rainbow, Inc. will be constructing the valve pit and working on the steel tank in the same general location and could cause damage to some of the new landscaping work. Rainbow, Inc. contract also requires the restoration work after construction has been completed of the .5 MG steel tank and the valve pit. We may need to transfer some of the credit monies from Western Waterproofing's contract to Rainbow's contract to complete the entire restoration work once the steel tank and pit work have been completed. Recommend the City Council approve Change Order No. 1 to receive the credit of $225.40 from Western Waterproofing, Inc. If you need any additional information, please let me know. JGF/BN/ts % ' CfiYOF FWDLEY CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVE., N.E. FRIDLEY, MN 55432 June 17, 1991 Western Waterproofing, Inc. 2838 Stevens Ave., So. Minneapolis, MN 55408 SUBJECT: Change Order No. 1: Phase II - 3 MG Concrete Reservoir Repair Project No. 200 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the 3.0 MG Concrete Reservoir Project No. 200 by deleting the following work: Deduction: 1. ITEM Delete Landscaping (Labor and Material) TOTAL CHANGE ORDERS• APPROX. OUANTITY PRICE 1 ($225.40) TOTAL DELETION: . . . . . AMOUNT ($225.40) ($225.40) Original Contract amount . . . . . . . . . . . $ 272,861.64 Reduced Material Units . . (27,200.00) Contract Deletion - Change Order No. 1.... {225.40� REVISED CONTRACT AMOIINT $245,436.24 Submitted and approved by John G. Flora, Public Works Director, on 17th day of June, 1991. P epared by � / , eck by � J . Flora, P.E. ' ector of Public Works 7A Western Waterproofing, Inc. Page Two Change Order No. 1 June 17, 1991 Approved and accepted this /`j �-� day of >>��"/� , 1991, by WESTERN WATERPROOFING, INC. C__� - �'1. J Carlson, Dept. Manager Approved and accepted this day of , 1991, by : CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager TO: FROM: FINANCE DEPARTMENT � � FWD(iY MEMORANDUM AILLIAM W. BIIRNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: REQIIEST FOR COIINCIL ACTION ON PROPOSALS FOR COMPIITER HARDWARE, SOFTNARE AND SERVICES DATE: JIINE 12, 1991 After a lengthy review process we are a vendor to provide the main hardwar computing needs. COUNCIL ACTION REQUIRED ready to recommend.to Council e and software for the City's l. Motion to Receive Bids - Attached you will find a list of all bid proposals that were received on January 11, 1991 at 3:00 p.m. Council's first action would be to make a motion to receive the bids. 2. Motion requesting the City Staff to enter into negotiations with HTE, to negotiate a contract not to exceed an acquisition cost of $271,640. After a long review process we eliminated five vendors based on apparent software weaknesses communicated through each of the vendors proposals. We attended 4 demos and called many references on the final four vendors. The notes attached to the bid recap explain briefly the final selection criteria. We are recommending to Council that we be allowed to negotiate a contract with HTE, Inc. After reviewing all proposals, we feel that HTE meets the long term requirements of this City. Over the past few months we have seen changes in the costs associated with the proposals based on changes in the computer industry. HTE, Inc. uses the IBM AS400 computer line. Since their bid was received, IBM announced the introduction of a new model of this machine which caused a corresponding price reduction. I am requesting that Council allow the City Staff to negotiate a contract for hardware, software, and a 5 year maintenance agreement that guarantees an efficient transition to the new software and a 5 year support package that provides for e�edient support. This contract should not exceed a system cost of $271,640. We feel that if a satisfactory contract cannot be negotiated with HTE, Inc., we should then enter into negotiations with the vendor in the second position in the selection process. If a satisfactory contract cannot be negotiated we will advise Council before going any further. : BID PROPOSALS FOR COMPIITER HARDWARE/SOFTWARE FRIDAY, JANIIARY 11, 1991 3:00 P.M. BID TOTAL COMPANY BOND BID COMMENTS COMPUTOSERVICE, INC. UNITED FIRE $224,623 Software weakness & CASUALTY BID BOND 5� INFOCEL NATIONAL FI $248,124 Software weakness OF HARTFORD 5$ BID BOND � MODERN COMPUTER SYSTEMS CA5HIER8 $252,313 Note 1 CHECK 12 615.65 BUSINESS RECORDS CORPORATION CONTINENTAL $264,580 Note 2 INSURANCE BID BON $ TIiEREFORE SYSTEMS, INC. AMWEST 5URETY $27g,602 Note 3 INSURANCE BID BOND 5$ WANG LABORATORIES INC . • CHUBB GROUP $314,609 5o�tware weakness INSURAI3CE CO. High cost � BiD BOND 5$ SYSTEMS CONSULTANTS, INC. EMPLOYERS_ $354,660 5oftware weakness MUTUAL CASUAL Y High co5t. � CO. BID BOND � PENTAMATION CERTIFIED $435,434 5oft.ware weakness CHECK High cost � $25,000 HTE, INC. INTERNATIONAL $484,125 Note 4 FIDELITY IN5. BID BOND 5°s �� NOTE 1- MODERN COMPIITER SYSTBM Attended demo and determined that software was cumbersome and was not written in a fourth generation language. NOTE 2- BIISINESS RECORDS SYSTEM Attended demo and detertnined that with changes that were needed to make software comply with specifications and any discounts that were made available, cost would actually increase to $293,283 for system acquisition. The five year cost would increase to $366,858. NOTE 3 - THEREFORB SYSTEMS Attended demo and determined that software was very good but the system as configured by vendor was undersized. Digital Equipment Corporation introduced new model and with reconfigured system and any discounts made available acquisition cost increased to $287,367. The five year cost would increase to $491,994. NOTE 4 - HTE, INC. Attended demo and determined that software was very good. IBM introduced new model during review process and with configured new model and any discounts made available the acquisition cost decreased to $271,640. The five year cost would increase to $390,211. . • Engineering Sewer Water Parks Streets Maintenance MEMORANDUM FROM: DATE: SUBJECT: William W. Burns, City Manager John G. F1ora,IPublic Works Director June 11, 1991 Levee Construction PW91-177 With the proposed plan to upgrade Riverview Terrace and to provide for storm water drainage in this area, it would be appropriate to determine the necessary elevation of the street construction as well as establishing a permanent levee (dike) from Kimball Avenue to 79th Way to protect the homes in that neighborhood. In 1987, the Corps initiated a study of this section of the river and levee and determined that it was uneconomically feasible to construct a levee based upon the small flood control project criteria. Since that time, the DNR has revised their flood elevations and Mississippi flows. Accordingly, it would be appropriate to restudy that section of the river and levee to determine if the existing levee can be rebuilt or reconstituted as a permanent levee. In order for the Corps of Engineers to readdress the study, they require a formal request from the City. The attached resolutzon requests the Corps of Engineers to reinitiate a study of the Riverview Terrace levee. I have been working with resolution will result improvement for the City, JGF/j h the DNR and the Corps and hopefully this in a more favorable study and possible E � C.fiYOF FitIDt�X RESOLIITION NO. - 1991 RESOLIITION REQIIESTING THE CORPS OF ENGINEERS TO CONDOCT A STUDY FOR THE FEASIBILITY OF A FLOOD CONTROL PROJECT ON THE MI88I83IPPI RIVER WHEREAS, the City constructed an emergency levee along the Mississippi River between Kimball Street and 79th Way, and WHEREAB, certain improvements have been made to the Mississippi River affecting its flow and flood elevations, and AHEREAB, the City is desirous to establish a permanent levee to protect the residents in that section of the City, and WHEREAS, the U.S. Army Corps of Engineers has the ability to conduct studies to determine the feasibility of developing small flood control projects. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that they request the U.S. Army Corps of Engineers to conduct a study to determine the feasibility of developing a small flood control project in Fridley, between Kimball Avenue and 79th Way along Riverview Terrace, under the authority provided by Section 205 of the 1948 Control Act as amended, and BE IT FIIRTHER RESOLVED, that if it is found feasible and advisable to develop a small flood control project in Fridley, between Kimball Avenue and 79th Way along Riverview Terrace, the Fridley City Council would be required before construction commences to enter into contractual agreement it will provide such local cooperation as may be prescribed by the Secretary of the Army, and BE IT FORTHER RE30LVED, that the City Clerk of the City of Fridley shall be and is hereb� directed to transfer three copies of this resolution to the District Engineer, St. Paul District, U.S. Army Corps of Engineers, 1421 U.S. Post Office and Customs House, St. Paul, Minnesota, 55101-9808. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS 17TH DAY OF JIJNE, 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK . � � �v ~i � \n J Z a �J N � J Z t \m � � \ �_;_ � v � Z v eiTr or e ■ �e►�o• ' .ti.. _. .. . � '+ y-°�' � '� :;�r4"'Wr., J v�'.:°,°,,:� � � �;3�a�°i�a'� \°?kbv� �JL� c l. (O � p .��v�Vi�.14.�J✓::jA" .✓��i`.fD"' 1\� L .� ��v..f j' 4� F n,�. f. 3' ,9� °�) 7 �� J.7J� :i•�� ViAA`'��i �'iC�n � M s��°�cD,D'�ali:�+sut3Aj ��w'°�9�� J`�\�ac .3v��sa �'�'+3�q� �%�r'2 �lS� :�•.,a��;�,�� J'i�3��'�a 'D 17 ,> > � �` � \� ri�°d�iila ,�'�9�� .�Jri `:` ��y?avw_'�p�^,�;e�,��7.�i�'` `. J �...'v`.)',7��'iy�'��J,�7 `` ��S��J .a �� i A.'sY ZF J �� .... ..�. o � �a �. - :r, ��, -1\ � �- . �\ �?�. . ... : � � � � � _ , � �� ' � ( ■ � a 4 ' O �� ' �/ .[..r�_..r__.. 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Z t ��= Nh�N AM� / � _ ll_i{ /�t�� N�N�� Ilw� _� bi1rN� TIKb � .... -- ug �wN.rr u.us � � bh��iH� Mq. ❑ WIIMM�� f��N Mry. o � �.a. ew.�r M.�. rae Naw• w..�s..xM � ~� f tMae11 � NwNt�l � p�ItY � MY�iNNI W711ia�� .aQI Mrt� •o ro.e • aeK. • fe11N1 it�:r o'tlfC fMOOI hqM�� S •° !�!�};�1 rti.w� 7nw w�.nl L = s . �. � .+ ��..�.. ..- -._. ...-...»."'.. . - � �� _ __ � . �.' � � � i � ,�- �� .r �.. �_ �- n� � ► �� i A�i 1� ,:�� 1.��. �v=�cl�:: �� ;; � � �, � ...... �. � ; i�g >..'� � � � _ � � � � � � � � �i .. . t.. ' � � � a .a /� s �.oc«E � ►�RK s /� a Q ;: .J:i ,,`iJ -) ��O ..�. o �d � s . a i � �� . �, � 3�J � . ;�~.'v� «..« ., c G y s a 4r i� � ��:�7 �.� �y a �� y' o ° ° � ° �, ■�.,: A � .� c.,, .. � a s � a` 'i.9p7u�J �-'a� n �°Ja0 ,� O C • e4f, 4 * •, f: � .�Q'' j � y a :s �, e o� • c i� .��j:�'�.�'3 �` ° a ° c e ' � J-' �' a• "�j. w.. �„ ts � 6 0 0• � 6 a: • C J�� 4 �,�q _a r � � � °� t� a o o a:r G' G J n C� !Q � �1�, _ '`...N '� � � r, O r� j t s � • Q c � �' � .. �. .. .� C `i � .� � � �o �r�_... i� _---- — � - - . �-.�-r, .� 10 11 y2 � _ FOR CONCURRENCE BY THE CITY COUNCIL LICENSES GENERAL CONTRACTOR Benshoof Construction 2398 S Shore Blvd White Bear Lake, MN 55110 Day, Rod Company 2957 - 108th Lane NW Coon Rapids, MN 55433 Park Edge Construction Co. 219 3 Schef f er Ave St. Paul, MN 55116 Ricks Roofing & Siding 77 2nd St SE New Brighton, MN 55112 Sela Roofing & Remodeling 3233 Hennepin Ave S Minneapolis, MN 55408 HEATING East Bethel Heating 17522 Concord Drive Anoka� MN 55304 Fisher-Bjork Sheetmetal Co Inc PO Box 40009 St Paul, MN 55104 PLUI�IBING Central Plumbing Services 5700 Girard Ave N Minneapolis. MN 5543� V 1JC122Ct tlOTCI@ 11litJY'OVeTClGT2L i,=: 4tSSL i+lt'; L 1%L SL Minneapoiis i+g"ri 55�2i David Benshoof Rod Day � Reed Banet Rick Longnecker Amit Sela Pete Chouinard Charles Fisher iu v�iu vi ��;ii 5tan rar-cyKa 12A DARREL CLARK Chief Bldg Ofcl Same Same Same ` Same CLYDE WILEY Bldg/Mech Insp Same cmR+yny n� u�yr�r; . 5ame APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR 12B '� _ FOR CONCURRENCE BY THE CITY COIINCIL ESTIMATES G7YOF �p(.,Ey JUNE 17 , 19 91 A & K Construction, Inc. 9038 - 110th Street North Stillwater, MN 55082 Well No. 12 & Booster Station Improvement Project No. 216 FINAL ESTIMATE: . . . . . . . . . . . . . . . . $ 12,826.00 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 May, 1991 ......$ 9,105.75 Chemlawn Services Corp. 1156 East Highway 36 Maplewood, MN 55109 Corridor Maintenance Project No. 217 Estimate No. 2 . . . . . . . . . . . . . . . . . $ 3, 686.98 HNTB 6700 France Avenue South Minneapolis, MN 55435 Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . . . . $ 1,842.85 13 13A DATE:10-May-91 FRIDLEY WELL 12 BOOSTER STATION PAGE 1 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 DATE: MAY 10, 1991 TO: HONORABLE MAYOR AND CITY COUNCII. CIlY OF FRIDLEY 6431 UNIVERSTtY AVFNUEN.E. FRIDLEY, MN 55432 CONSTRUCTION OF WELL NO. 12 BOOSTER STATION IlrIPROVEMIIdTS RE: EST'lMATE NO. 1(FIIdAL) PERIOD FND1Nd 4-30-91 CONTRACl'OR A 6c K CONSTRUCI'ION INC. C3FN. & MECIi. C�ONTRACI'ORS 9038-I1M'Fi ST. N. STILI.WATER, MN 55082 CONTRACT PROGRESS CONTRAGT 1TEM UN1T PREVIOUS THIS TOTAL VALUE OF WORK PRIGE QUANTITY(%) fiSl'IMATE(%) QUANTICY(%) COMPLEfED TO DATE 1 SURGE CONTROL VALVE 59,477.00 0.009'0 100.00�a 100.00�i 59,47i_00 2 PROPEI.LER METF,R 53,649.00 0,00;6 100.0096 l00.00% S3,649.00 3 (30LDEN ANDERSON VALVE nsnucl' (5300.00) 0.00% 100.00% 100.00;6 (5300.00) TOTAL - ' S12,826.00 SUMMARY: ORIGINAI. CONTRAC'I' AMOUNT ............................................................•••............. S12,826.00 VALUE COMPLE'I'ED TO DATE ..................................•-•......................................... 512,826.00 AMOUNT RE'TAINED(0%) ...................................................................................... 50.00 LESS AMOUNT PREVIOUSLY PAID ......................................................................... 50.00 AMOUNT DUE THIS ESTIMATE ............................................................................. 512,826.00 e:\ppe\w 12_ppe HNTB BKL 13B DATE:10-May-91 FRIDLEY WELL 12 BOOSTER STATTON � PAGE 2 BY �� CER'CIFICATE OF THE CONTRACCOR I HEREBY CERTIFY THAT THE WORK PERFORMED AND THE MATERIAI,S SUPPLIF.D TO DATE UNDER TERMS OF TKE CONTRACT FOR TFIE REFF.RFNCED PROJEGT, AND ALL AUTHORIZED CHANGES THF.R�TO, HAVE AN AGTUAL VALUE UNDER THE CONTRAGT OF THE AMOUNTS SHOWN ON THIS FS1'lMATE(AND THE FlNAL QUANTITIES OF TfiE FINAL ESTIMATE ARE CORRECn, AND THAT TfiIS FSTIMATE LS IUST AIdD CpggEGT pldD NO PART OF TIiE "AMOUNT DUE TH TE' HAS BEFN RECIEVED. l : fi?.! , CERi'IF[CATE OF THE ENGINfiER DATE 3'� 3"� i i I HEREBY CER'I'II�Y THAT I HAVE PREPARED OR EXAl�tINED THIS ESTIMATE, AND T'HAT THE CONTRAGTOR LS FNTITLED TO PAYMII�T OF THIS ESTIMATE UNDER THE CpNTgACf FOR REFFI2FNCED PROJECf. BY _�� (BRIAN I�t02� DA7E ��lO�� I 'S1�7_'�` TTfLE crvII, Frrcar�x�.�.> RESPfiCTFULI.Y SUBMtTTED. -•.� � : w:�� •�.� � ' ►� �.�i , � e:lppelw 12_Ppe C1TY OF FRIDLEY � BY 70 . , p.E. R OF PUBLIC WORKS HNTB 13C BKL � June 17, 1991 City of Fridley WELL NO. I2 & BOOSTER STATION IMPROVEMENT PROJECT NO. 216 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $12,826.00 and the final payment of $12,826.00 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. & � CONSTRIICTION, INC. John H. r n, President 13D June 17, 1991 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY WELL NO. 12 & BOOSTER STATION IMPROVEMENT PROJECT NO. 216 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the proj ect. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being JIINE 17, 1991 ph�7olkman, Public Works Super .� �! �� , �,�� ontra or Representative, (Title) 13E ent � June 17, 1991 City of Fridley WELL NO. 12 & BOOSTER STATION IMPROVEMENT PROJECT NO. 216 PREVAILING AAGE VERIFICATION This is to certify that A_& R CONSTRUCTION, INC., has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. A & R CONSTRIICTION, INC. John H. Aderman, dent � 13� CITY OF FRIDLEY PUBLIC WORRS DEPARTMENT ENGINEERING DIVISION 6431 IIniversity Ave., N.E. Fridley, MN 55432 JUNE 17, 1991 Honorable Mayor and City Council City of Fridley C/O William W. Burns, City Manager 6431 University Ave., N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for WELL NO. 12 & BOOSTER STATION IMPROVEMENT PROJECT NO. 216 for A& K CON�TRUCTION, INC., 9038 110th Street, N., Stillwater, MN, 55082. We have viewed the work under contract for the construction of WELL NO. 12 & BOOSTER STATION IMPROVEMENT PROJECT NO. 216 and find the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body. Respectfully submitted, J��/�'�� G. Flora Director of Public Works � 13G Prepared b: Checked by NO MATERIALS FOR THIS ITEM. 14 r � � I DATE: TO: FROM: SUBJECT: Community Development Department G DIVISION City of Fridley June 14, 1991 William Burns, City Manager Jim Hill, Acting City Manager Barbara Dacy, Community Development Director Adding an Item to the City Council Agenda of June i�, 1991 - After the agenda for the June 17, 1991 City Council meeting was completed, I realized that I had neglected to place an item on the agenda to establish the public hearing for the amendment to the redevelopment project area and creation of a new tax increment district for the former CUB Foods site and the Bob Schroer property. Attached is the memorandum and materials which the City Council will need to review this item. Please ask the City Council on Monday evening ta add this item onto the City Council agenda. I apologize for the oversight. BD/dn M-91-431 15 �, r _ � DATE: TO: FROM: SUBJECT: Community Development Department G DIVISION City of Fridley June 14, 1991 William Burns, City Manager Jim Hill, Acting City Manager Barbara Dacy, Community Development Director Establish Public Hearing for Approving a Resolution to Modify the Redevelopment Project Area and Creating Tax Increment District #li The Housing & Redevelopment Authority at its June 27, 1991 meeting will be considering a proposal to recommend to the City Council that the redevelopment project area be amended and a tax increment district be created for the former CUB Foods site and the Bob Schroer property at the southwest and northwest corners of the Osborne Road and University Avenue intersection (this issue would have heen decided on June 13, 1991; however, we had to postpone the HRA meeting due to the conflict with the LRT meeting and the 49'er Day events}. Accarding to State law, the City Council is required to conduct a public hearing and adopt a resolution for any amendments to the redevelopment plan or tax increment districts. The property owners of the former CUB Foods site are proposing ta rehabilitate the existing structure into two tenant spaces which would be leased by Pet Food Warehouse and potentially Stone Fabrics. A significant amount of interior improvements need to be done, namely a complete removal and repair of the existing roof system and reYaoval of asbestos-backed floor tiles. My office has been working with the property owners to establish an exterior improvement plan, including a landscaping plan, striping plan, and replacement of existing light standards. Bob Schroer is considering constructing a new 23,000 square foot produce sales building to the rear of the existing facility. The second part of the project would be to remave the existing garden center structure and reconstruct another building such that you would ha��e an "L" shaped building. Detailed plans, however, have not been submittec�, but Schroer does intend to pursue this project within the next y�ar. 15A ,-.. � Establish Public Hearing June 14, 1991 Page 2 Attached is a map of the City of Fridley's project areas and tax increment districts. At this point, the City has ten tax increment districts. It should be noted that of these districts, three districts will be eliminated within the next three years; the Johnson Skywood district (1992), the Paschke district (1992), and the Shorewood district (1994j. At the June 27, 2992 meeting, the HRA will be considering the TIF assistance request by the owners of the former CUB Foods property, the Charles Smith estate. At the writing of this report, staff is currently analyzing the TIF assistance request, and we have not prepared a recommendation as of yet. Our original schedule would have allowed us to tell the City Council for Monday's meeting what the HRA recommendation was; however, because of the meeting schedule changes, we will not know that until June 27, 1991. Recommendation Staff recommends that the City Council establish the public hearing on July 1, 1991 in case the IiRA recommends approval of this particular project. BD/dn M-91-432 :� '� � - c � \ � � � City of �ridley Redevelopment Areas and Tax Increment Districts Proposed Tax Increment District # 11 � � Parceis within Tax Increment Districts - Redevelopment Area Number 1 . _ _- 15C I■