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07/22/1991 - 5105OFFICIAL CITY COIINCIL AGENDA COIINCIL ILEETIN(� JIILY 2Z� 1991 � � unror fRIDLEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET r�naay, July 22, 1991. 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM / _ FRIDLEY CITY COIINCIL CJTYOF �a-�' JIILY 22, 1991 �I�EDGE OF ALLEQIANCE : APPROVAL OF I+IINQTEB: City Council Meeting of July 1, 1991 ADOPTION OF AGENDA: OPEN FORIIM, VISITORS: {Consideration of items not on agenda - 15 minutes) PIIBLIC HEARING: Vacation, SAV #91-01, by Eugene and Jean Hagberg, to Vacate the 12 Foot Alley in Block 23, Hyde Park, far a Distance of Approximately 243 Feet South of the South Line of 59th Avenue, Generally Located Narth of 58th Avenue, South of 59th Avenue, East of 2nd Street and West of 2 1; � c�,��e� . . . . . . . . . . . . . . . . . . . . . 1 - 1JJ Ordinance Amending Section 2.05 of the Fridley City Charter . . . . . . . . . . . . . . . 2 - 2C Ordinance Amending Section 2.03.07 of the Fridley City Charter . . . . . . . . . . . . . . 3 - 3C CITY COIIIdCiL 7[�STiNG OF JVLY ZZ, 1991 PaQ6 Z OLD BUSINESB: Second Reading of an Interim Ordinance Placing a Moratorium on the Issuance of Special Use Permits for Auto Body Repair Businesses and Prohibiting Their Location Within the City While the Moratorium is in Effect . . . . . . . . . . . . . . 4 - 4B NEW BUSINESB: Renewal of Animal Control Contract with Skyline Veterinary Hospital . . . . . . . . . . . 5 - 5D Receive the Minutes of the Planning Commission Meeting of June 26, 1991: . . . . . . . . . 6 - 6X A. Set Public Hearing for August 12, 1991, on a Request for a Vacation, SAV #91-03, by William Pickering, to Vacate the Southerly 20 Feet of the Northerly 40 Feet of a Drainage and Utility Easement Lacated in Lot 11, Block 2, Innsbruck North, Generally Located at 1467 North Innsbruck Drive N.E. ........ 6A - 6B ........ 6E - 6P B. Resolution Authorizinq Agreements Between the City of Frid2ey and Recipients af 1991 Federal Community Development Block Grant Funds for Human Services Organizations ........... 6B - 6D ........... 6Q - 6X FRIDLEY CITY COIINCIL lLEBTINQ OF JIILY 22, 1991 N�W BIISINE88 tCONTINOED): Pace 3 Receive the Minutes of the Planning Commission Meeting of July 10, 1991: . . . . . . . . . 7 - 7Q A. Special Use Permit, SP #91-08, by Lewis and Velma Farr, to Allow a Third Accessory ' Building, Over 240 Square Feet, on Lot 10, Block 1, River Edge Addition, Generally Located at 157 River Edge Way N.E . .............................. 7 - 7F .............................. 7G - 7Q Receive Items from the Appeals Commission Meeting of June 25, 1991: . . . . . . . . . 8 - 8JJ A. Variance Request, VAR #91-16, by Tamara and Charles Thomes, to Reduce the Side Yard Setback from 10 Feet to 6 Feet, to Allow the Construction of an Addition on Lot 14, Block 1, Amber Oaks, Generally Located at 5985 McKinley Street N.E. ...... 8- 8J B. Variance Request, VAR #91-17, by Samir Awaijane of 7570 Inc., to Eliminate the Requirement for a Six Inch Concrete Curb in the Automotive Storage Area; to Reduce the Aard Surface Setback from the Public Right-of-Way from 20 Feet to 10 Feet, Generally Located at 7570 Highway 65 N.E. ... 8K - 8Y lA1LLbt �+ii�L b-VUDIViJ� JL��1119�f Vir NVLi fL� 1717/1 Yaqs � NEW BIIBINEBB (CONTINIIED): Receive Items from the Appeals Commission Meeting of June 25, 1991 (Continued): C. Variance Request, VAR #91-18, by Lewis and Velma Farr, to Increase t�e Total Floor Area of a�.3 Accessory Buildings from i,400 Square Feet to 1,832 Square Feet, to Allow the Construction of Additional Garage Space, on Lot 10, Block 2, River Edge Addition, Generally Located at 157 River Edge Way N.E. ................... 8Z - 8JJ Resolution Approving a Subdivision, Lot Split, L.S. #84-13, to Split Off the Southerly 36 Feet of Lot 5, Block 5, Melody Manor to Allow a Double Bungalow to be Sold Individually, the Same Beinq 7396-98 Symphony Street N.E. ........ 9- 9F Authorization to Turn Back 1987-1989 Community Devel.opment Block Grants . . . . . . . . . . 10 Approval of Change Order No. 1 for Street Improvement Project No. ST. 1991 - 2 & 2 . . . . . . . . . . . . . . . . . Z1 - 11C 1Pi�Ti1T.17!V NTTV nA?t1TnTT. 1fp4TT1?2 AQ _TTTT_V 77 7AO7 ��wa C — --- - --- -- i -_ _ _ _ _� _ _ NEW BIISINE88 Resolution Approving and Authorizing Signing an Agreement Establishing Working Conditions, Wages and Hours of Employees of the City of Fridley Fire Department for the Year 1991 . . . . . . . . . . . 12 - 12T Resolution Encouraging the Fridley Housing and Redevelopment Authority to Decertify Portions of Tax Increment Financing Districts that are not Needed for Financing of Economic Development or Redevelopment Impravements . . . . . . . . . . . . . 13 Informal Status Reports . . . . . . . . . . . . . . . . 14 Claims . . . . . . . . . . . . . . . . . . . . . . . . 15 Licenses . . . . . . . . . . . . . . . . . . . . . . . 16 - 16C Estimates . . . . . . . . . . . . . . . . . . . . . . . 17 l�DJOIIRN : THE 1dINOTEB OF THB FRIDLEY CITY COIINCIL ,[EETING OF JIILY 1, 1991 THE MINIITES OF THE REGIILAR MEETING OF THE FRIDLEY CITY CO[1NCIL OF JIILY 1. 1991 The Regular Meeting of the Fridley City Council was called to order at 7:38 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 APPROVAL OF MINUTES: COUNCIL MEETING, JUNE 17, 1991: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested that the following items be added to the agenda: (5.5) Consideration of an Interim Ordinance Placing a Moratorium on the Issuance of Special Use Permits for Auto Body Repair Businesses and Prohibiting Their Location Within the City While the Moratoriwaa is in Effect; and two claims pertaining to relocation expenses for the Iverson property. MOTION by Councilman Fitzpatrick to adopt the agenda with the above additions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS:_ MR BOB BENNEK, FIRE DEPARTMENT: Mr. Bennek stated that he wished to thank Chief McKusick and all members of Council and staff for their support of the Sister Cities program. He stated that the visitors from Fourmies, France toured several Fire Departments, the Anoka Communications Center, and attended luncheons with the Mayor and business community. Mr. Bennek stated that the members of the Fire Department gained a sense of pride that would not have been possible without Council's support. He stated that a common bond was shared with the visitors from Fourmies and new friendships were gained. He extended a special thanks to Helene who served as escort for the visitors. Mayor Nee stated that he was tremendously proud of the Fire Department and how they represented the City. PUBLIC HEARING• 1. PUBLIC HEARING TO CONSIDER MODIFICATION TO THE CITY OF FRIDLEY'S REDEVELOPMENT PLAN AND CREATION OF TAX INCREMENT DISTRICT NO. 11• MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:43 p.m. Ms. Dacy, Community Development Director, stated that the purpose of this public hearing is to amend the City�s redevelopment project area and to create tax increment District_No. 11. She stated that the location of the proposed district is in the southwest and northwest corner of Osborne Road and University Avenue. She stated that the parcels are the fonaer Cub Foods site and Bob's Produce. She stated that both property owners have been investigating several redevelopment plans, and the owners of the Cub Foods site have filed an application for tax increment financing. Ms. Dacy stated that the proposal for the Cub Foods site is to redevelop the existing building into three tenant spaces. She stated that Pet Food Warehouse has filed a lease, and Stone Fabrics has indicated an interest in locating in this building. She stated that the owner of Bob's Produce is seeking private financing to construct two buildings. Ms. Dacy stated that this tax increment district would be for 25 years, and it meets the State's criteria for a redevelopment district as it would increase the taxable value of the property; remove substandard or blighted buildings; and provide additional employment opportunities. She stated that the former Cub Foods building would be updated to meet the codes, and the parking iot would be improved, as well as installation of lighting and landscaping. She stated that with Pet Foods Warehouse locating on this site thirty jobs would be available. Ms. Dacy stated that there are two potential forms of assistance for this tax increment district. She stated that the first option is a$15,000 grant and a$50,000 second mortgage. She stated that the other option is "pay as you go" where the $65,000 request for assistance is included in the Northeast State Bank first mortgage. FRIDLEY CITY COIINCIL MEETING OF JIILY 1, 1991 PAGE 3 Ms. Dacy stated that while another tax increment district is being created, there are three other districts that will be decertified in the next three years. Mr. Mike Hurley, attorney representing the owners of the former Cub Foods site, stated that this property was purchased by Dr. Charles Smith fifteen or twenty years ago and that Cub Foods occupied the building on a long term lease. He stated that Dr. Smith transferred his interest in this property to his three children and their spouses. He stated that because the three owners are located out of state they are not able to work with this project, and he is representing them. Mr. Hurley stated that the owners have attempted to sell the property for the past several years, but developers were not able to obtain financing. He stated that the building is vacant and an eyesore to the City. He stated that $5,400 a year is paid in taxes with no income. Mr. Hurley stated that Pet Foods Warehouse has signed a five year lease, and they are negotiating with another tenant, Stone Fabrics, to occupy the building. He stated that they do not have a problem finding tenants, but are not able to sell the property. He stated that the owners wished to improve the building, parking area, and install some berming and landscaping. He stated that some improvements to the building would include roof replacement and the removal of asbestos-backed floor tiles. He stated that construction costs for the entire project would be about $476,958. Mr. Hurley stated that Northeast State Bank would provide $200,000 in financing secured by a$50,000 certificate of deposit, and the balance of the financing would come from the fee owners. He stated that Dr. Smith felt an obligation to his children and has withdrawn his retirement income to assist with this project. He stated that this covers about $400,000 of the project costs, and they are requesting $65,000 in tax increment financing to help with the remainder of the costs. He stated that the $65,000 is not readily available to the fee owners unless they place a second mortgage on their homes. Mr. Hurley stated that City staff has been extremely helpful in suggesting alternatives and options. He felt that the "pay as you go" option is an attractive alternative for the fee owners of the property. He stated that they are under an extremely rigid time frame as Stone Fabrics will not sign a lease unless occupancy is guaranteed by August 15. He stated that he has a guarantee from the construction contractor that the construction time period would be thirty days. Mr. Hurley stated that he realizes Council's position in the past has been not to act on an item the same evening as the public hearing is held. He requested that they consider waiving this condition and take action on the tax increment district this evening. FRIDLEY CITY COIINCIL MEETING OF JIILY 1, 1991 PAGE 4 Councilman Schneider asked how much oi the square footage of the building would be leased to Pet Foods Warehouse and what would happen if the major tenant experienced financial difficulties. Mr. Hurley stated that over half the building would be leased to Pet Foods Warehouse. He stated that because there is no debt on the building, except for some special assessments, he believed the debt service could be met as they have not had a problem locating tenants and, with the improvements, this only increases their potential for leasing the building. Mr. Casserly, of Casserly, Molzahn & Associates, Inc., stated that the "pay as you go" method has no risk; however, if assistance is provided by a small grant and a$50,000 loan there is a small risk. He stated that either form of assistance is probably good. He stated that the estimated tax capacity of $9,200 is based on an additional estimated captured market value of $200,000. He stated that this is just for the Cub Foods site. He stated that any increase in value on the parcels to the north really depends on what is proposed for the parcel. He stated that the reason the parcels were included was because over the last several years requests have been received to completely redevelop that site. Mr. Casserly stated that it made sense to include the parcels because they meet the qualifications of a redevelopment district and costs would be lower to include them at this time. He stated that there is no commitment by the HR,A or Council to do anything with those parcels to the north. Mayor Nee stated that either alternative would pay off in the same period of time, being seven years. Councilman Billings stated that even though Council may act to create this district, if the HRA did not like the_plan they would not be required to proceed with the development agreement. Mr. Larry Crane, representing Northeast State Bank, stated that the bank currently has $200,000 committed to this project, and he has agreed to take the request for an additional $65,000 bank to the committee. Mr. Richard Harris, 6200 Riverview Terrace, asked what percentage of industrial and commercial property in Fridley is in tax increment financing districts. Ms. Dacy stated that she believed it was about six or seven percent. Mr. Harris asked if the district is for 25 years if there would be a payoff in seven years. Mr. Casserly stated that the 1990 amendments to the Tax Increment Act impose a slight penalty on cities that are now using tax FRIDLEY CITY COIINCIL MEETING OF JIILY 1, 1991 PAGE 5 increment that create districts after May 1, 1990. He stated that the penalty is based on the type of district established, and the district that has the least penalty is a redevelopraent district. He stated that by committing to seven years, it makes the penalty the least amount and accomplishes what needs to be done. Mr. Harris stated that he feels this proposal is feasible and is probably not "pie in the sky" like some of the other proposals that have come before Council over the last fifteen years. He stated that he has a problem, however, with creating too many tax increment financing districts. He stated that he understands the taxes will be frozen on these parcels at the present value and, consequently, the taxing districts such as the schools and County will not be getting the benefit of the increase in taxes. He stated that when additional funding is needed it comes back to the parcels that are not in the increment districts and they have to carry this load. Mayor Nee stated that he Felt Council was in agreement; however, the Cub Foods site has been there for ten years and is not generating additional taxes because it is deteriorating. Mr. Harris felt that, in this particular case, there should be some assistance with tax increment financing. He stated that, however, some of the other districts should not have been created, and he cited the Lake Pointe site as an example. He felt that some guidelines should be established regarding creation of tax increment financing districts. Ms. Dacy stated that both parcels proposed for this tax increment financing district have been devaluing over the last several years. She stated that by creating this district it would maintain the same amount of tax dollars to the schools and County. She stated that the HRA has a policy of turning back school district monies collected from the referendums during the tax increment years. She stated that the HRA has also instituted a fee for staff's review of proposed tax increment districts and a series of policies are being evaluated. Councilwoman Jorgenson questioned the potential loss of local government aids. Mr. Casserly stated that the actual amount for the Cub Foods site with a seven year program would be about $1,200. Mr. Burns stated that the total amount, if the district ran for 25 years, would be $257,995. Mr. Casserly stated that the agreements are designed is to make sure the project does not proceed unless there is compensation for the loss of local government aids. He stated that as a practical point, the City would be breaking even or doing slightly better. FRIDLEY CITY COIINCIL MEETING OF JIILY 1. 1991 PAG$ 6 He stated that if redevelopment occurs on the parcels to the north the City does not lose anything. Councilwoman Jorgenson asked if the district was decertified in seven years if there would be a penalty in the loss of local government aid to the City. Mr. Casserly stated that about $1,200 or $1,300 could be lost but it would be recovered from the administrative expenses of the district. Councilwoman Jorgenson stated that it would be in the best interests of the City to remove this tax increment district as quickly as possible. Mr. Casserly stated that in terms of dealing with local government aid, that is true. Councilwoman Jorgenson asked if this project would qualify for industrial development revenue bonds. Mr. Casserly stated that it would not qualify, as industrial development revenue bonds are limited to manufacturing. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:35 p.m. OLD BUSINESS• 2. SECOND READING OF ORDINANCE NO. 973 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AM.ND APPENDIX C OF THE CITY CODE: MOTION by Councilman Fitzpatrick to waive the reading and adopt Ordinance No. 973 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. VARIANCE REOUEST, VAR #91-12, BY ROBERT AMBORN TO REDUCE THE REOUIRED FRONT YARD SETBACK FROM 35 FEET TO 14 FEET AND TO INCRFASE THE MAXIMUM S4UARE FOOTAGE OF AN ACCESSORY BUILDING F�20M 1,000 SOUARE FEET TO 1 270 S4UARE FEET ON LOT 2 BLOCK 4, CITY VIEW ADDITION GEN RALLY LOCATED AT 405 57TH PLACE N.E. (TABLED 6/17„/91)• Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this is a request for two variances, one to reduce the front yard setback from 35 to 14 feet and the other to increase the maximum square FRIDLEY CITY COIINCIL MEETING OF JIILY 1 1991 PAGS 7 footage of an accessory building from 1,000 to 1,270 square feet. She stated that the issue discussed at the last meeting was the height of the garage. She stated that she has spoken with the petitioner and, based on the calculations, the garage will meet the building height as defined in the Zoning code. Ms. Dacy stated that the Appeals Commission recommended denial of the variances, and staff recommends two stipulations if Council chooses to grant the variances. Mr. Amborn, the petitioner, felt that this option was the best solution and that the appearance would be good for the neighborhood. Councilman Billings asked Mr. Amborn if he discussed the garage height requirements with City staff. Mr. Amborn stated that he has discussed these requirements and is comfortable with them. MOTION by Councilman Billings to grant Variance Request, VAR #91-12, with the following stipulations: (1) the petitioner shall provide a hard surface driveway to the proposed addition by September l, 1992; and (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. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Mayor Nee voted in favor of the motion. Councilwoman Jorqenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. - 4. SPECIAL USE PERMIT SP #89-12 BY ASHLAND OIL COMPANY fRAPID OIL) TO ALLOW A MOTOR VEHICLE FUEL AND OIL DTSPENSING SERVICE ON LOTS 1 THROUGH 4 BLOCK 6 CITY VIEW ADDITION GENERALLY LOCATED AT 5701 UNIVERSITY AVENUE N.E.: Ms. Dacy, Community Development Director, stated that the purpose of this special use permit is to allow construction of a new Rapid Oil facility at University and 57th Avenues. She stated that this issue has been held over since 1989 and, at that time, the City requested additional information regarding the soil contamination on the property. Ms. Dacy stated that Ashland Oil has prepared a remediation plan which was approved by the Pollution Control Agency. She stated that since 1989 there are a number of issues that have risen. She stated that the City passed a new landscaping ordinance, and it is proposed that a stipulation be added to require the developer to submit a landscaping plan in conformance with the ordinance. She FRIDLEY CITY COIINCIL MEETINQ OF JULY 1, 1991 PAGE 8 stated that the petitioner has received preliminary approval from the Pollution Control Agency; however, the City would like a site plan as to where those activities would occur on the property prior to the issuance of a building permit. Ms. Dacy stated that the City has been considering how this parcel would fit in with the overall redevelopment of this corner. She stated that the plan under consideration is vacating a portion of the frontage road, realigning it to a more north/south fashion and then to 57-1/2 Avenue and proceeding north. She stated that Mr. Lemley from Ashland Oil was asked if a portion of the frontage road was vacated if they could use one access from 57th Avenue. She stated Mr. Lemley felt that this would be satisfactory if there was an adequate turning radius. Ms. Dacy stated that at the last HRA meeting there was discussion as to whether the HRA would acquire this site, but a motion was made not to proceed with condemnation action on this property. Ms. Dacy stated that staff recommends approval of this special use permit with one added stipulation, making a total of five, and revising stipulation No. 4. She stated that if the special use permit is approved it would be subject to the rezoning which would include Lot 4 of this particular block. Mr. Jerry Brill, attorney for Ashland Oil, stated that he felt the additional stipulations were agreeable to Ashland Oil. He stated also that the special use penait should apply for Lots 1 through 4, rather than Lots 1 through 3. MOTION by Councilman Billings to grant Special Use Permit, SP #89-12, with the following stipulations: (1) a grading and drainage plan shall be submitted and approved by the Engineering staff prior to issuance of a building permit; (2) the petitioner shall combine Lots l, 2, and 3 with Lot 4 into one tax parcel; (3j approval of the special use permit shall be contingent upon approval of the rezoning application of Lot 4(ZOA #89-04); (4) the petitioner shall submit a site plan indicating the location of the remediation equipment prior to the issuance of the building permit; and (5) a landscaping plan in comformance with the landscaping ordinance shall be submitted and approved by the Planning staff prior to issuance of the building permit. Seconded by Councilman Fitzpatrick. Councilman Billings clarified that this application for the special use permit covered Lots 1 through 4, rather than Lots 1 through 3. Ms. Dacy stated that was correct. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL ME$TING OF JIILY 1 1991 PAGE 9 5. RECONSIDER THE REISSUANCE OF A SPECIAL USER PERMIT SP #89-08, BY SAMIR AWAIJANE TO ALLOW A REPAIR GARAGE �i� 7570 HIGHWAY 65 N E (TABLED 6/17/91): MOTION by Councilman Schneider to remove the question of Special Use Permit, SP #89-08 from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider asked that a communication from the City of Minneapolis, Public Safety and Regulatory Services Committee be received. MOTION by Councilman Schneider to receive this communication from the City of Minneapolis, Public Safety and Regulatory Services Committee. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick, City Attorney, stated that he was asked for an opinion regarding the reconsideration of this special use permit. He stated that one of the alternatives would be to adopt a moratorium on issuing special use permits for auto body repair garage, and the moratorium would be for the purpose of having City staff prepare a licensing ordinance for this activity. Mr. Herrick stated that an interim ordinance for the moratorium has been prepared, and it is recommended Council proceed in that manner. Mr. Mike Thompson, 10501 Fillmore Street N.E., Blaine, stated that Mr. Awai�ane bought into a partnership several months ago with the idea he could obtain a special use permit. He asked if Council was going to issue the permit. Mayor Nee stated that the recommendation of the City Attorney is to table the permit and adopt an interim ordinance for any permits in this field. Mr. Thompson stated that Mr. Awaijane was notified that he was going to obtain the permit and it was approved. Mayor Nee stated that the special use permit was granted, but at the next regular Council meeting one of the members that voted on the prevailing side moved for reconsideration which passed. He stated that, at that point, the question was still before the Council on whether or not to issue the special use permit and the item was tabled. Mr. Glenn Nelson, 8200 Tyler Street, Spring Lake Park, stated that on June 3, 1991, City Council officially approved the request to reissue a special use permit. He stated that also attached to this document is a letter from Mr. Awaijane introducing himself and his FRIDLEY CITY COUNCIL MEETING OF JIILY 1. 1991 PAGE 10 wife to Council, and talking about his business in Minneapolis. He stated that this clearly indicates who he is and his type of business. He stated that in other cities when a document like this is passed it is legally binding. Mayor Nee stated that there are rules for procedures of this Council that at the next regular meeting any member that voted on the prevailing side of an issue can move for reconsideration. He stated that the decision is not actually binding until the next regular meeting has adjourned. He stated that the motion for reconsideration is consistent with the rules. Mr. Nelson stated that he did not buy this and felt that if Council had an escape clause for everything they do, then it would have been legally correct for them to have informed his brother-in-law before he left the meetinq. He stated that since they chose not to inform him he has entered into contracts based on Council's action. Mayor Nee stated that if it can be demonstrated that there have been damages, the City may be obliged for those damages. He stated that this procedure is the same procedure used by every city council and did not feel it was unique in Fridley. Mr. Thompson asked if it would be possible to obtain the special use permit. Mayor Nee stated that after an ordinance is adopted covering the licensing of auto repair businesses, the question of the special use permit will be considered. Mr. Thompson asked how long it would be before the adoption of such an ordinance. - Mayor Nee stated that the interim ordinance is in effect for 180 days. Mr. Herrick stated that he did not believe it would take that long but it more likely will be considered in about ninety days. Mr. Thompson stated that since Mr. Awaijane received this approval he has made commitments, and the tenant in the back has left. He stated that they are in serious jeopardy in the next six months. He asked why the permit was not issued. Mr. Herrick stated the concern of Council is that there is not adequate control over the operation of these types of businesses through the special use permit process, and the Council felt, based somewhat on his advice, a business license for this type of operation would give the City additional control over the operation of these businesses. He stated that is the reason he made this recommendation. FRIDLEY CITY COIINCIL MEETING OF JULY 1. 1991 PAGE 11 Mr. Nelson stated that he felt the document received was a bindinq agreement between Mr. Awaijane and the City, and to hold up approval with absolutely no reason is questionable at best. MOTION by Councilman Schneider to table consideration of the reissuance of Special Use Permit, SP #89-08, until after a final business licensing ordinance is passed. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 5.5 FIRST READING OF AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE ISSUANCE OF SPECIAL USE PERMITS FOR AUTO BODY REPAIR BUSINESSES AND PROHIBITING THEIR LOCATION WITHIN THE CITY WHILE THE MORATORIUM IS IN EFFECT: MOTION by Councilman Schneider to waive the reading and approve the ordir�ance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 51-1991 MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND MODIFYING THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 1 THROUGH NO. 10 TO REFLECT INCREASED PROJECT COSTS AND INCREASED GEOGRAPHIC AREA WITHIN REDEVELOPMENT PROJECT NO. 1: AND ESTABLISHING PROPOSED TAX INCREMENT FINANCING DISTRICT NO. 11 AND APPROVING AND ADOPTING THE PROPOSED TAX INCREMENT FINANCING PLAN RELATING THERETO: MOTION by Councilman Billings to adopt Resolution No. 51-1991. Seconded by Councilman Fitzpatrick. -- Councilman Schneider stated that he shares the same concern expressed by Mr. Harris regarding property being placed into tax increment financing districts. He stated that he would, generally, take a stand against additional tax increment financing districts, but he felt in this case it makes sense to create this district. Mayor Nee stated that he felt these properties would not progress without some form of City involvement. Mr. Harris, 6200 Riverview Terrace, questioned if these districts were being expanded and if there were increased project costs on tax increment financing districts 1 through 10. Ms. Dacy, Community Development Director, explained that there is one redevelopment project area that consists of non-contiguous areas and certain tax increment financing districts within the redevelopment area. She stated that there are no increased project costs on districts 1 through 10. FRIDLEY CITY COIINCIL MEETING OF JIILY 1, 1991 PAGE 12 Mr. Harris asked if this has anything to do with the Northco plat. Councilman Billings stated that it does not other than the fact that Northco is one of the tax increment financing districts. Councilwoman Jorgenson stated that she felt it would be best, in the future, if they do not adopt a resolution the same evening the public hearing is held. She felt that if there was a time lapse of one meeting before action is taken by the Council it gives them time to digest the information from the public hearing and receive any other input from those who did not attend the public hearing. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Billings stated that he wished Counc3l to consider the following resolution: RESOL�JTION NO. 52-1991 RECOMMENDING CERTAIN GHANGES N TAX �NGREMENT FINANCING DISTRICT NO. 11 UNDER CERTAIN CONDITIONS• He stated that this resolution encourages the HRA that if no development agreement is in place on the three parcels north of Osborne Road prior to July 1, 1996, to delete these parcels from the tax increment financing district. MOTION by Councilman Billings to adopt Resolution No. 52-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to request City staff to prepare a resolution for the next meeting encouraging the HRA to release those tax increment financing districts that do not_have a negative impact on the stability of the HRA. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to request the City Manager communicate to the HRA the Council's position that they strongly favor the "pay as you go" financing and, if this financing is not available, encourage them to review very carefully Option No. 1. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 53-1991 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO TOTINO-GRACE HIGH SCHOOL: MOTION by Councilman Schneider to adopt Resolution No. 53-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COtJNCIL MEETING OF JIILY 1. 1991 PAGS 13 8. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS• MOTION by Councilman Billings to waive the reading and approve the ordinance upon first reading, with the following stipulations: (1) compliance with the stipulations of the special use permit request, SP #89-12; and (2) approval of special use permit request, SP #89-12. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE THE MINUTES OF THE PLANNING COMMIS5ION MEETING OF JUN 19 1991• A. ESTABLISH PUBLIC HEARING FOR JULY 22 1991 FOR A VACATION RE4UEST SAV #91-01 BY EUGENE AND JEAN HAGBERG, TO VACATE T�� 2 FOOT ALLEY IN BLOCK 23 HYDE PARK FOR A DISTANCE OF APPROXIMATELY 243 FEET SOUTH OF THE SOUTH LINE OF 59TH AVENUE GENERALLY IACATED NORTH OF 58TH AVENUE. SOUTH OF 59TH AVENU�� EAST OF 2ND STREET AND WEST OF 2-1/2 STREET: MOTION by Councilman Fitzpatrick to set the public hearing on this vacation request, SAV #91-01, for July 22, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. SPECIAL USE PERMIT SP #91 07 BY BIZAL INC TO INCREASE THE MAXIMUM LOT COVERAGE FROM 40 PERCENT TO 42 . 5 PERCENT ON IAT 1, BLOCK 3 EAST RANCH ESTATES SECOND ADDITION GENERALLY LOCA�ED AT 7880 RANCHERS ROAD N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a special use permit to increase the lot coverage from 90 percent to 92.5 percent for property at 7880 Ranchers Road N.E. She stated that the petitioner, Bizal, Inc., is proposing to add a warehouse addition. She stated that there is also a variance request to reduce the rear yard setback from 25 feet to 8 feet. Ms. Dacy stated that when the Planning Commission discussed this issue,they were concerned that the code requirements could be met and the special use permit and variance would not be necessary if the north fifty feet of the adjacent vacant lot would be under the ownership of Bizal, Inc. She stated that a member of the Bizal family owns the vacant lot to the south. Ms. Dacy stated the petitioner, Mr. Bizal, stated that they needed to begin construction this summer and could not proceed through the lot split procedure quickly. She stated that in a communication from Mr. Swenson, attorney for Bizal, Inc., they indicated that title to Lot 2 has been in Ruth Bizal's ownership for estate planning purposes and it would be detrimental to such purposes to put title to Lot 2 in the corporation. She stated that a FRIDLEY CITY COIINCIL MEETING OF JIILY 1. 1991 PAGB 14 compromise is proposed that Ruth Bizal would lease all of Lot 2 to Bizal, Inc. and would record the lease at Anoka County. She stated that when Lot 2 is subdivided, the appropriate amount of property would be retained to meet the setback and other requirements. Ms. Dacy stated that the Planning Commission recommended denial of this request as they felt there was another alternative using the adjacent vacant property. Councilman Billings stated that he looked at this property, and there are several pieces of equipment on the site, such as an unlicensed pickup, a pickup bed, a fish house, semi-trailer rig, pieces of inetal, and old hot water heaters. He felt that this property should be cleaned up. Mr. Bizal stated that the semi-trailer is the only item that belongs to the corporation. He stated that the pickup and fish house belong to an employee, and the hot water heaters were dumped on the property by persons unknown. He stated that their company has had a lot of vandalism and that is the reason they wish to add the warehouse addition. Mayor Nee asked how Mr. Bizal is going to comply with the setback requirement. Mr. Swenson, attorney for Bizal, Inc. , stated that in order to meet the needs of the City, as well as not to have an adverse capital gains impact on the owner, a long-term lease will be provided which is equivalent to a deed. Mr. Herrick, City Attorney, stated that if Council wishes to approve this request, he would like the opportunity to review the lease to make certain that it could not be terminated or the lot assigned to someone else without the approval of the City. MOTION by Councilman Billings to grant Special Use Permit, SP #91-07, with the following stipulations: (1) the petitioner shall provide a grading and drainage plan showing where stona water detention and retention shall occur; said plan shall be approved by staff prior to the issuance of the building permit; (2) variance request, VAR #91-14, shall be approved; (3) the applicant shall remove from the property all outside storage, with the exception of the semi-trailer truck, prior to the issuance of the building permit; (4) the petitioner shall enter into a lease agreement with the owner of Lot 2 and enter into an agreement with the City and owner of Lot 2, the form and content to be approved by the City Attorney. Further, the Mayor and City Manager are authorized to sign the agreement on behalf of the City. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COONCIL MEETING OF JIILY 1, 1991 PAG$ 15 C. CONS�DERATION OF ANOKA COUNTY REGIONAL RAIL AUTHORITY'S ENVIRONMENTAL IMPACT STATEMENT FOR LIGHT RAIL TRANSIT: Ms. Dacy, Community Development Director, stated that she would like Council to consider a recommendation on the Draft Environmental Impact Statement for the Light Rail Transit so it can be forwarded to the Anoka County Reqional Rail Authority. She stated that the Environmental Quality and Energy Com�aission and Planning Commission has reviewed this draft and recommended a specific list of comments and five major issues which they felt should be relayed to the Anoka County Regional Rail Authority. Ms. Dacy then summarized the five major issues. MoTION by Councilman Schneider to concur with the Environmental Quality and Energy Commission and Planning Commission's recommendation and forward these five major issues to the Anoka County Regional Rail Authority. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to concur with the Co�aents on LRT EIS dated July 1, 1991 and forward them to the Anoka County Regional Rail Authority. Seconded by Councilman Schneider. Councilwoman Jorgenson felt that the information regarding Light Rail Transit from the citizens' survey should be included with these comments. MOTION by Councilwoman Jorgenson to amend the above motion to include in the comments, as Item 8, the results from the citizens' survey pertaining to the Light Rail Transit issue. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. _- UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of June 19, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 28. 1991• A. VARIANCE REOUEST, VAR #91-14,, BY BIZAL. INC.. 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 Councilman Billings to grant Variance Request, VAR #91-14, with the following stipulations: (1) petitioner shall FRIDLEY CTTY COUNCIL MEETING OF JIILY 1. 1991 PAGE 16 provide a grading and drainage plan showing where storm water detention and retention shall occur; said plan shall be approved by staff prior to the issuance of the building permit; (2) special use permit, SP #91-07, shall be approved; (3) applicant shall remove from the property all outside storage, with the exception of the semi-trailer truck, prior to the issuance of the building permit; (4j the petitioner shall enter into a lease agreement with the owner of Lot 2 and enter into an agreement with the City and owner of Lot 2, the form and content to be approved by the City Attorney. Further, the Mayor and City Manager are authorized to sign the agreement on behalf of the City; and (5) concrete curbing shall be installed along the south side of the new pavement extension. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF JUNE 12, 1992: A. VARIANCE RE4UEST� VAR #9i-i5 BY STEINWALL INC TO REDUCE THE HARD SURFACE SETBACK FROM THE PUBLIC RIGHT-QF-WAY FROM 20 FEET TO 14 FEET AND 10 FEET TO ALLOW ADDITIONAL PAR ING ON LOT 8 BLOCK 2, EAST RANCH ESTATES THE SAME BEING 7895 RANCHERS ROAD N.E.: Ms. Dacy, Community Development Director, stated that Steinwall, Inc. wishes to expand their parking area from 23 to 32 spaces. She stated that the variance varies from ten to six feet given the alignment of the property line. Ms. Dacy stated that the Appeals Commission recommended approval with one stipulation. She stated that the Commission felt this parking was needed to accommodate their largest shift of employees. Mr. Carl Steinwall, the petitioner, stated that the parking was needed to accommodate their employees, and there is no other space to use. He stated that they are about to capacity with their building but did not like the idea of moving. Councilman Billings asked Mr. Steinwall if he has been working with staff about the possibility of relocating in the City. Mr. Steinwall stated that it really is the question of finances. He stated that they have a 9,000 square foot warehouse on Main and 79th which they now rent. Ms. Dacy stated that she has spoken with Maureen Steinwall regarding some options. Councilman Billings asked if the variance was approved, how this would impact another tenant if Steinwall moves. FRIDLEY CITY COIINCIL MEETING OF JIILY 1, 1991 PAGE 17 Ms. Dacy stated that a parking analysis was done and if another tenant moved into the building, they would have to evaluate the space they were using in relationship to office and manufacturing. She stated that it seems half of the building would be manufacturing so the amount of parking for the building seems to be appropriate. MOTION by Councilman Billings to grant Variance Request, VAR #91-15, with the stipulation that the petitioner work with City staff on a landscape plan for the boulevard areas. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. EXTENSION OF ROCK CRUSHING PERMIT. SP #82-12, FOR PARK CONSTRUCTION COMPANY AT 7900 BEECH STREET N.E.: MOTION by Councilman Billings to SP #82-12, until June 1, 1993 with if, on June l, 1993, there have be staff be allowed to renew the perm'. if there has been crushing opera referred back to the Council for a Seconded by Councilwoman Jorgenson. aye, Mayor Nee declared the motion extend rock crushinq permit, the following stipulation: (1) �n no crushing operations that t for another two-year period; tions, this permit should be �proval prior to May 31, 1993. Upon a voice vote, all voting carried unanimously. 13. RECEIVE BIDS AND AWARD CONTRACT FOR POINT OF SALE AND INVENTORY HARDWARE. SOFTWARE AND SERVICES: MOTION by Councilwoman Jorgenson to receive the following bids for the liquor point of sale and inventory hardware, software and services: Company Total Register Systems Retail Data Systems/Iris Business Ware/DPM (Joint) Retail Data Systems/Tomax Total Bid $38,667 $64,839 $74,927 $59,035 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. DuBord, Assistant Finance Director, stated that four bids were received, and Retail Data Systems was the lowest responsible bidder who meets the requirements of the liquor operation. He stated that staff conducted an extensive review process and has eliminated one vendor on apparent software weaknesses. FRIDLEY CITY COIINCIL MEETING OF JIILY 1, 1991 PAG$ 18 Councilwoman Jorgenson clarified that Total Register Systems was the lowest bidder, but they did not meet bid specifications. Mr. DuBord stated that was correct as all the criteria was ranked, and they were the lowest in meeting these requirements; therefore, it was felt that they were not a responsible bidder. MOTION by Councilman Schneider to award this contract for the Liquor POS Hardware/Software to the lowest responsible bidder, Retail Data Systems/Tomax and authorize staff to enter into contract negotiations for the system at a cost not to exceed $59,035. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. �2ECEIVE BIDS AND AWARD CONTRACT FOR CLOVER POND DIVERSION/52ND AVENUE FLOODWAY PROJECT NO. 222: MOTION by Councilman Billings to receive the following bids for the Clover Pond Diversion/52nd Avenue Floodway, Project No. 222: Company Barr Engineering Maier Stewart & Associates OSM Total bid $16,000 $ 1,800 $ 8,000 Seconded by Councilwoman Jorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. Mr. Mark Winson, Assistant Public Works Director, stated that the City has a Joint Powers Agreement with the City of Columbia Heights to correct some drainage problems at Clover Pond and bring excess drainage into Sullivan Lake. He stated it is recommended that Maier Stewart and Associates be awarded this contract for Phase I for an analysis and recommendation for a solution of the Clover Pond and 52nd Avenue Floodway, Project No. 222. He stated that a decision to proceed to Phase II will not be made until the analysis is completed and costs submitted to both City Councils for approval. MOTION by Councilman Billings to award this contract for the Clover Pond Diversion/52nd Avenue Floodway, Project No. 222 to the low bidder, Maier Stewart & Associates, for $1,800. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETINa OF JQLY 1. 1991 PAGB 19 15. RESOLUTION NO. 54-1991 ORDERING IMPROVEMENT APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS; SKYWOOD LAKE WATER �XTENSION, PROJECT NO. 220 LMENARDSII-694): MOTION by Councilman Billings to adopt Resolution No. 54-1991. Seconded by Councilman Schneider. Councilwoman Jorgenson stated that she understands an agreement has not been finalized with adjoining property owners and questioned the City's liability if the project did not proceed. Mr. Winson, Assistant Public Works Director, stated that the project would be advertised and, if for some reason the agreement is not finalized, the Council, if they did not want to proceed, could reject the bids. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 16. INFORMAL STATUS REPORTS: GRACE EVANGELICAL FREE CHURCH RE: 73RD AVENUE PROJECT: Mr. Winson, Assistant Public Works Director, stated that a request was received from Grace Evangelical Free Church for the City to consider a median cut along 73rd Avenue in order to facilitate vehicle movements to the church. He stated it is staff's position that the church had sufficient time to make this request during the public hearing on this project. Mr. Winson stated that in looking at the safety issue, staff cannot recommend a median cut as it would be like a mid-block intersection and give a false sense of security to those entering the median cut. He stated that it really would not help the traffic entering or exiting the church in that they will be backinq up in the parking lot instead of the frontage road. He stated that they would feel they have the right-of-way when, in reality, they do not, and the oncoming traffic will tend not to recognize this as an intersection. Mr. Winson stated that the City has not changed the conditions by which the church members access the property. He stated that the City has not closed any potential access points, and there are no indications of accidents at this intersection. He stated it is suggested that the church members contact the Police Department to make arrangements for traffic control if they are having a problem during their peak traffic periods. FRIDLEY CITY COIINCIL MEETING OF JULY 1. 1991 PAGB 20 17. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Ciaims No. 38131 through 38356. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS - MCGEE/IVERSON PROPERTY AT 7899 BROAD AVENUE: MOTION by Councilman Fitzpatrick to approve the two claims for $1,999.90 and $2,362.64 relating to the McGee/Iverson property at 7899 Broad Avenue, as contained in a letter to the City dated June 18, 1991 from Federal-State Relocation Consulting Services, Inc. for relocation, moving, and incidental expenses. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. LICENSES• MOTION by Councilman Billings 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 Councilwoman Jorgenson to approve the estimates as submitted: Insituform Central, Inc. 17988 Edison Avenue Chesterfield, MO 63005 Sanitary Sewer Repair Project No. 221 (Hackmann Avenue) FINAL ESTIMATE . . . . . . . . . . . . $25,101.00 Western Waterproofing 2838 Stevens Avenue South Minneapolis, MN 55408 Phase II - 3 MG Concrete Reservoir Repair Project No. FINAL ESTIMATE . . . . . . . Herrick & Newman 205 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 200 . . . . . . . . $ 5,916.14 Services Rendered as City Attorney for the Month of June, 1991. . . . . . . . . $ 2,894.25 FRIDLEY CITY COIINCIL MEETING OF JIILY 1. 1991 PAGE 21 HNTB 6700 France Avenue South Minneapolis, MN 55435 Well No. 12 & Booster Station Improvement Project No. 216 Partial Estimate . . . . . . . . . . . . . . $ 1,043.61 Halvorson Construction 4227 165th Avenue N.E. Anoka, MN 55304 1991 Miscellaneous Concrete, Curb, Gutter & Sidewalk Project Estimate No. 2 . . . . . . . . . . . . . . . $ 3, 042.19 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 2 . . . . . . . . . . . . . . . $16, 218. 51 Seconded by Councilman Schneider. 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 July l, 1991 adjourned at 10:22 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor r � � J DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley July 18, 1991 William Burns, n� �,. City Manager�, � Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Public Hearing on a Vacation, SAV #91-01, by Eugene and Jean Hagberg, in Block 23, Hyde Park The City Council set July 22, 1991 as the_ date of the public hearing for the above-referenced request. Staff recommends that the City Council hold the public hearing. MM/dn M-91-523 � � � � STAFF REPORT APPEALS DATE CITYOF PLANNING COMMISSION DATE = May 22, 1991 ; June 19, 1991 FIZ�DL�Y CITY COUNCIL DATE : July 1, 1991 ; July 22, 199A�THpq MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATI�N SITf {)ATA SIZE DENSiTY PRESENT ZONING ADJACENT LAND USES 8� ZONING UT�ff IE� PARK DEDICATION ANALI(SIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SAV �91-01 Eugene and Jean Hagberg To vacate the north 243 feet of a 12 foot alley in Block 23, Hyde Park, as measured from the south ROW line of 59th Avenue. S-1, Hyde Park S-1, Hyde Park to the north, south, east, and west Yes Yes Approval Denial � c � J �R 3� � �� _ ,�� , - - -- °�,,-�° /� c� ,-��OH� � � � -O F+>Y . 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N.E. t:�6 pt� r ` � (f+�e / (M, i I x �... .. � � .sr� C�1 r� �� f"" z� i .«lB . 2l� /019� a�,, � � 6 °�; U� j �'�, '�� 8 'a. ca' ' _.i_. ,' . ^ � AV E. . '� N. E..°�'� � h) lw � (,�J �J :% :ni �;, - ,.� / 2 3 f S f 7 M// � 3 �� . , ,,,,,, PLACE '1 !�� r) _ ri M) �� µJ I � F2 3 4 S f 1� ro// /z / /� r -' - —3;—� :r -�1vf Nt►E---l�E: � �-1 �� /3(� f iA)� 7•"" 4 /,7gn 5 �� E �� 'S , �� (s� E C�� °�,°�n.� � :��1 ia ( 7 b�� B ; y (,� 8 N"�� ni fN 6� . iq ,� ;.') , i.j 3 f c b i/ a s iE , � -N� 24 �° H % /J N � / / ��1�—{{ N: 1 � � SiC- 2 1C LOCATION MAP Staff Report SAV #91-01, Eugene Page 2 RE4UEST The petitioners alley in Block properties 5851 2 1/2 Street. SITE and Jean Hagberg are requesting that the north 243 feet of a 12 foot 23, Hyde Park, be vacated. The request abuts the through 5881 - 2nd Street and 5846 through 5852 - The alley is located between 58th and 59th Avenues and 2nd and 2 1/2 Streets. The alley is not improved, and the properties adjacent to it are zoned S-1, Hyde Park. ANALYSIS Public Purpose Alleys serve the public in three ways. They provide: 1. 2. 3. Vehicular access; Location for utilities; Access for emergency vehicles. All the properties except 5834 - 2 1/2 Street where Mr. Meisner resides have access from the public streets. Advantages of the Vacation There are several advantages to vacating the alley. It will remove from public responsibility part of an alley that the City cannot maintain, transferring the maintenance responsibilities to the adjacent homeowners. The vacation would potentially remove the nuisances of partying and the illegal dumping of materia3s. Mr. Meisner, who uses the alley on a regular basis for access, would still have access opportunities from 58th Avenue or could obtain access across the south portion of the parking lot of the apartment building at 5851 - 2nd Street (to the rear of his home). The alley currently is not used by snowplow or garbage hauling companies. Disadvantaqes of the Vacation There are also several disadvantages to vacating the alley. The City Council has preferred 100� agreement for vacation of an alley, being reluctant to approve partial alley or street vacations in the past. In 1963, there was a problem with an alley vacation where there was not 100o agreement by the adjacent homeowners (see attached minutes), but the alley was eventually vacated. In 1980, 1E Staff Report SAV #91-01, Eugene and Jean Hagberg Page 3 the City Council vacated the alley in Block 7, Hyde Park, on 100� agreement by the property owners. In the Hyde Park neighborhood, there are two partially vacated alleys and four entirely vacated alleys. Vacating a portion of the alley would eliminate through- traffic and would create a dead-end alley with no turn-around option; people would be required to back down the alley. Vacating a part of the alley eliminates options for Mr. Meisner to access his property. With only one entrance to the alley, access would be prohibited should an obstruction block the alley at 58th Avenue. Mr. Meisner uses the alley in order to park his vehicle in the rear yard. One option for him is to pave a parking area in the front yard; however, in 1978, the City told the previous property owner that he would not be able to use the curb cut that existed along the street for a driveway (see attachment "A"). However, Section 205.07.06.A.(1).(b) allows parking in the required front yard if such parking occurs on a hardsurface. In reviewing the proposed vacation request in terms of the three public purposes discussed earlier, the alley is required by Mr. Meisner to provide vehicular access to his property. There are no City utilities located in the alley; however, NSP does have an electric line running the length of the alley and would require a ten foot drainage and utility easement over the vacated alley. The City does not require the alley for emergency access by fire or police vehicles. If Mr. Meisner can be guaranteed access to his property, either through an easement agreement with the property owner at 5851 - 2nd Street or can pave a parking area in his front yard, the first public purpose would not be needed and part of the alley could be vacated. PLANNING COMMISSION RECOMMENDATION The vacation request should not be granted until Mr. Meisner has guaranteed access to his property by an easement agreement with the property owner of 5851 - 2nd 5treet or by allowing him to pave a parking area in the front yard. If either option occurs, staff recommends that a part of the alley be vacated with the following stipulations: l. The petitioner shall pay for the cost of preparing and installing the dead-end alley signs. 2. The petitioner shall provide a ten foot drainage and utility easement over the vacated alley. The Planning Commission may also want to discuss the policy issue of vacating part or all of the alleys in general, and then make a recommendation for the City Council to consider. 1F Staff Report SAV #91-01, Eugene and Jean Hagberg Page 4 STAFF UPDATE Staff consulted the City Attorney to determine if preventing access to Mr. Meisner's property would constitute a taking. In his memo of June 11, 1992, the attorney confirms that this may be a taking (see attached memo). He suggests that either an easement or paving a parking area be implemented prior to completion of the vacation. Staff also contacted Mr. Rasmussen and Mr. Baune, owners of 5846 - 2 1/2 Street and 5851 - 2nd Street respectively. Mr. Rasmussen stated he was unable to provide parking space to Mr. Meisner as he does not have enough parking for his tenants with the ten spaces he has. Mr. Baune also stated he was not interested in providing an access easement to Mr. Meisner. The City Assessor reviewed the property and stated that the property would receive a reduced value due to lack of a legal parking place. In terms of cost, the cost is the inconvenience of the property owner needing to create a parking area in the �ront of the property. The parcel will not become landlocked if the City approves the vacation request. The City Attorney's opinion confirms staff's original recommendation that the vacation not be approved until Mr. Meisner has some type of guaranteed access to his property. Planning Commission Action; June 19, 1991 The Planning Commission voted unanimously to recommend denial of the request to the City Council. City Council Recommendation The City Attorney has advised us that the vacation not be approved unless Mr. Meisner agrees in writing to the vacation. At this point, Meisner has objected to the vacation. Without the agreement with Meisner, as recommended by the attorney, staff cannot recommend approval of the vacation. 1G 1963 Planning Commission and City Council Minutes Alley Vacation Request �:l ! STS�TS �n vr�.rr�s str$-CaES�gs 1��sTU�c sBPTS�sa 27, 1962 @ 3s45 PeMo _ r�.r� i. �oLr. c�z.i.: PreseaC: C�aityaau Nagel, lf�ber Ubbea and City &�ineer Calnin G. Brawn Absent: Nana 2. PREL� STImY - S� LA3CO�fl' IAT 35 AiiDTI'O�S SLiBDIVISION 92: MA� by IIbben to �abie uatil wer�ii plea is aeailable for area. Ca.rzied. 3. PBTITIOH - ALT�Y pNCATION - S� 3b0' OF AI�I.BY IAT $LOCIC 2, PI.� TOWNSSYP: 1be co�mmiCtee visited the allay. Petitioa is efgaed by 100X af 360 faot nacation requested. Matiaa by IIbbea to recaumerid App�cwal. of nacatiaa as petitioaed. Carried. 4. PETITYOTJ � COT�TIIJIJF SSRVICE RC1AD IIG ADJOINING LO��S 1-10 BIACK 6, 3P�IG BB.�Ot)K PAP.I�: tivn by Mr. IIE>bea W receive petition aud place on file. Carriad. 5. STS.S87C & LOT xBAR�NGf�MBNT: I.QIC 3� 4 BLOCR !, �DRiZ.ON H$IGSTS AD�Tl�'1:ONo The hisrary af this situstiian and raqnest of Plannin� Cammisaiaa to study possible street access solutian was axpia�ned 1ry the City 8agineer. Yu1+�� on by Mr. Dbt�en to defer actioa peading preparatian af a possible lat x�eatrangem�at �ad a12ey vscatioas. Carried. G. PETITION - AI.LSY VACAT7AN - BLOCR 8, H5@E P� ADDZT'ION (60-blst & M�af�u 2ndj, T�e �itteQ visited the site. PeCition 3,s signed by 69� af propesty �.��s o-�ni.n,� 60X of property. �oCian by Mr. Di�ben to recau�d dea3.aZ of this petition. Casried. 7. FIGT FOOT (5' ) BAS�1T pAC,ATIO�i - LOT 16, BZACK 2 SP8It3G BROOK PARR ADD$TION: �.'he letter fram Ziss. �dna PI. Hoy� waa read. The City &�ineer exp]..ained the 1�aclt,graund of this s3tuaCioa which wiZ2 not effect ather Lots a2o� ?9th AveauE N.B. westi of East B.iver Road. She fine foot (5') easement could be vacated, aad by retaf.nf.ug the five foot �5') utility ri,�hts, she could hava a 45' lot instead of 50• wide aad tt�e ciey, w�ul3 sCi11 h�ve 10' easemen� r.orth of itis wa�er iateral. �iors by Mr. Ubbea ta reca�mend vacatian of five foat (5') street easeiusnt but retention of S� utility easement adjacent to South edge oz Lat'16, Block 2, Sprin� Bzook Park Ac�dition. Carried. 11 r� ,I:IM: 1.::�{ t: vi:+(v y�! 1 1;: '!' 1. .�0,_„T�I. CALL: A�ctiag Ct�sizman Dlegel, Me�bers 3oiiaason, Sandel, Thampsan, Mr. Bravik aszived at 9:30. P.M., City Maa+Qger Mr. W�r, City Bugiri�er �4r. Brawn. .. Y;: 2. �PP80�9At OF �� PT�G C�MMIS5IaN,M68T,_,_,II�+1�G.� - 88P�� 2T : 1962:• � 2�� lyy Mr. Johanson, secoaded by Mr. Baadel, to approtre the minutes af the Pleanin$ Caaami8aion mee=ing of Septeml�es 13, 1962. IIpon a vaice vate, there beiag ao aaps, � 8aid m�tion caszied ttaaa.imously. 3. APP80VA� OF �NUTBS AF PABKS. � PT.AYGRiODDiD6 - SBPTffi�E8 17. 1962 : Motion bq Mr. ?hampsoa, s�x;onded by Mr. Bandely to appza�ve the minutes of the Parks.& Playgrcuads Sub-Co�nmitCee 4i.Sept�bes i7, 1962. IIpan a vaice vote, theze beta�.'ao nays, esid m4ti.oa carried na�aimously. 4. $�EIPBD MII�iTSS OF ST8S8TS � D7'II.iTiS�S SIIB-C �;d�; S_,,,EPT,� ,27, 1962 : Mo�tioa by Ms. Baudei, seeanded bq Mr. Johansoa,, ta recc3ive the minutes af the 5treets � IItilit3es Sub-Ca�ittee af September 27, 1962. Upon a voice vate, there bei,ag ao nays, said mnCioa� .�arr�� iittisaimously. 5. P�ZTTUN • ALLEir VACATiON: The Sauth 360' af the alley located in Black 2, Plymnuth Additian. � , � . MY. Nagel stated tiie Streets � IItiliCies Sub-Comnittee recc�eaded thfs �etitiaa be graated�. . . M+�„ tion by Mr. Jahaasan,_seconcled by Mt. Baadal, ti:at this a1Tey nacatian be graated. Cgrried imanimously. 6. PBTITION - ALLSY VAGATION: Bet�een 60tb Aveaue D1.$. and 61s� Avenue bet��een 2nd SC. N.B. end Maisi SCreet, Block 8, �yde Psrk Additiaa: The`Streats & IItii�ties Sub-Co�ittee recomme�ded this petitian be denied. Mo,_ t„ 1.on� by l�a. Johanson, secoaded bq Mr. �ampsa�, that the Plaaning Co�►fssi�n c�nc�r with the Streets & Dtilities Sub-Co�it�ea aad reca�nd tha� this petition be denied. .Cazried un,animously. . � 7. 885�� VACATION: 8equest lsy Edna l�i. A,ayt ta vacate 5' easea�en� across Lot 16, Black 2, Spriag Broak Park Additiou. . The $agineer explained �ha.t with proper va�f,ances, Mrs. Bayt stated tha.t she can dispose af a 45' 3.ot, but not a 40' lat. Mot�an by M�. Johanson that the Plsnning Ca�nis�ian coacur with Stseets � IItiiities Sub-Committee to recosanend vacatioa of 5' street ease�ufi but reten�ian of 5� utility easea�erl.t adjacent to SoLi:h edge of Lot 16, Block 2, Sprs.n.� Brook Park Additiaa. Secoacled bq Mr. Thampsoa, carried vaanim�usly. 8. BSCI�ZVS L�iINtTl'�S OF PT�'S & SUBDIVISIOFIS SUS-CQt�SE OF O�OBF.�B 9 a 196� : Mo,_, tion by �Sz. Baadel, secoad� bf iir. Jalsanson to receine these minutes. Carried uaaaimously. V isa... ..iv� ...-...uEj�:i lc�ciu ��a�: asvvl�.c vi ♦tc¢tyis• 1'tl�• 1VGC JtidliCU li:lctli !1C felt Mr. Madsen should sign a petition for street for this part of Melody Manor. Mr. Brown, the Cit.y Engineer, presented the plans and specifications for the job. Several people stepped f orward to view the plans and specifications and Mr. Brot,m explained the plans to them in detail. A question was asked if there was any money in escro�r for this street. It was stated that there was not. John Miller, Melod,v Manor Addition� asked who was •�oing to be assessed for t�is imnrovemer. �. The Cit_y Mana.ger stated t�.at the benefitt•ed proper�Ly wc>ul� be assessed� but it has not been definitely decided ;ahat the exact amoLnt would be. For the property on the nc�rth side, it would probably be somewhere in the neighborhoos of $30�000.00. Mr. Wolke stated t�at he felt that the developer would ta,ke care of it. Mr. DeCarbo, who lives in Melody Manor Addition� asked if the people pa,y for half of ,the residential street, who will pay fo r the other side. It was explained that the people on the north side wouZd be assessed for half of the residentiaZ streei, and the people on the south side of the overall right=�of-way for half of an industrial street. Mr. Johanson pointed out that the developer is required by the platting ordinance to put in the necessar,y streets and surface them. There being no furi-.her discussion on the matter, the Mayor d.eclared the he aring closed. Ltx1✓\l�c� (�2Gi"1 �0�/!.w►��' S ( �{C0�/ P LIC HEARING -•VA ATION OF FORTIORT �OF ALLEY �- BIACK 12 PLYMOUTH DITION: The �ity Manager read the notice of hearing. The City Manager stated that ther� is a petition requesting vacation of a portion of the alley in Block 12 signed by 100� of •the people involved in the portion of -the alley to be vacafi.ed. The Planning Commission had recommended that this� alley be vacated. Motion by Nee to receive the petition and place it on file. Seconded by Sheridan. Upon a voice vote� there being no nays, the motion carried unaniinously. � Mr. Wolke asked if there were any garages on the property to the north of the pamtion of the alley which would not be vacated. It was stated -that there were. Mr. Sher�.cian asked why the City was not vacating the whole alley. People should have access to use the alley at both ends. Mr. Nee asked if all of the people in -the block got a notice of' this hearing. The City Engineer stated that they did. There being no further discussion, the Mayor declared the hsaring closed. Motion by Wolke to order the ordinance drawn vacating the alley in Block 12, Plymouth Add- ition. Seconded by Johanson. Those voting in favor� Greig, Johanson, Wolke, nTeee Opposed, Sherid2.n. The mation carried. PUBISC HEARING ON FIVE FOOT STRLET EASII�IENT VACATION - IAT 16 BLOCK 2 SPRIIvG BRQOK PARK ADDITION HOYT : The City Manager read the notice of hearing. Mr. Brown exnlairied that Lots 18 through 20 in this block wer� built on under one oi,mership. The easement vacation request is for Lot 16, and the owner i,rould have a pproximately 45 feet frontage if this five foot vacation �Jere granted� by addin� this tn the property they would ha.ve on Lots 1.6 and 17. Mr. Tntolke asked what thi.s would leave far the street. Mr. Brotim explained this would leave i� feet for street. Mr. Johanson asked of what use this w�u.ld be, if she could not get a building per�nit. Mr. Wolke asked if the property owner could acquire more propertv to the north. Mr. Brown stated that this was under separate ownership. There bein� no further discussion, the Mayor declared tl�e he aring closed, There was some further discussion as to wnethe r or not �he'�asemer.t should be �ranted before it is determined whether or not a building permit could be obtained for the property, Mr. Wolke stated that the Council could table th is request until t ilding permit is requested. Motion by Johanson that it is the consen�a�f the Council that it will act favorabZy on this vacation rec�uest if a bu-ildin� permit can be the city has an ea.sement. City Attorne.y �ohlan sta�ed the only rea� concer normally is whether or not their access is cut off to t?�e bzcl� of their o- perty. The City Mana� r stated thi.s vacation of an allev ha.d beer, pub shed and it would be effecY,ive June 6th, 1963. RESOLUTION #95-1953 RECEIVIT�dG FINAL PLAn1S P.�� SP�:CIFICATIO�TS . AUTHORIZING Mayor A1ee announced this wa� a. resolution receiving., f' al plans and specifica- tions and authorizin� bids on SW #65. The CitS� h?an �er explained to �;he Cit�� Council, if they wished to pass on this resoliatio , the.y could opeiz bids for same on the follocain� Monday and explained thiG wa.s the area regarding Ba.rry Blower Company. Motion by Johanson to a.dopt Resolution , 5-1963 receiving final plans and specifications and authorizing bids o Project SW�k65. Seconded by Brook. U_pon a. voice vote, there being no ys, the motion carried una.nimously. xESOLtt�rlolv �96-19�3 xECErvz FINAL PLARTS AND SPECIFICATIOPIS AND AUTHORIZING Mayor Nee ar_nounced i� was a resolution receivin� final plans and specifica- tions and authoriz' g bids on SS #64. The City Ma.nager explained to the City Council this was tre area of Meadowmoor Terrace. Motion b3� B ok to adopt Resolution �96-1go3 receivina fina.l plans and speci- ficationG and authorizing bids on Project SS ��4. Seconded by Johanson. Upon a oice vote, there being no nays, t�e motion carried unanimously. T' Cit}� Manager inouired oi the City Council ii t�e�� t•aould like to have a e�ular meeting time or could three or four members co^:e in la.te on the after- noon o"f the lOth �o open bids. �jOt�G � r • ��'1� �,�2i �7 �� (.B?7 Mr. Kuru , re�urned �o the floor the vac2.tion o� alle�� near his home. Council- Mar_ Sheridan explained to him the engineering departmer.t. doesn't have a record of.the noticeG sent to the property owners in the area. because iL wa� a public hearing called by the Council. I�r. I�lagel, me_„ber. oi �� Planning Commiysion, �tated �here �aas a petition by a.11 of the people belov: ��:is section and statied tne Plannir_� Cor•�mission ha.d looked it over ?nd felt tYsis vacation didn'�; azfec�; the people at the otr.er end of the alle;� because �i-�e3� could still �et in and out. Councilman Sheridan stated at tre �ir�� o� tre public hearing he had auestioned if evervbod.y had been notified :ai,;nin t:n.e bioc� beca.u�e the entire a11e;J iva,�;l't bein� vacated a.nd �tated these pecple �•�ere en�itled to tY:e u�e or that alley und �he � snould have been notif'ied to voice z;�y ob�jection to t'r,� vacatir.? oi the aJ_leti. Councilr::an S:�cr�dan vo�ced i�he queGtion �o City rttorne�, Ko� lan ii this could nr held in a.be�arce and ha.ve it set bac� ior anoth�:r ��ao ��ee�,� beiore i� ,��oeti � n-(.o eifec � h,y rescinding Lhe order. Ci �y r ttorne.y itobla�� explained tne o�di- nance i�ad been pualisiied and he �.aas a�, a lotis a� �� i.o-�: �o undo it, i�ha� �_�_ • ti•�a.y i.t iaoulcl 1-�s.ve i,o be do�.7P iaaul.d be �o es�abli�h an ��lle;� a.�ain and ��hetn�r or noi� i,t.e r.esidenl;s �aould be entitled to any compensai; �.on ior it, hc wa.sn' � certain. Hf, f'urtl�ier explained the cit.y Y�s� �atilit}� Aa=c�:,;ent� and i�. i: � ?�al;ter of' s�rvir_e r.i;;hts and le7allv t�he allc>> tircu�il Lvve tn '.:.c estr�blisr�ed. 1L � v It was �ta.ted that those residents ��ho li`,e on tha.t part or the alley which has been vacated have ma.de repairs, moved fences �nd fixed it up, etc. �City P.ttorney I�ohlan sta.ted the ordinances do not beccme laT,1 ur_til 15 days after publication and there is room for a referendum �etition to be filed ��ith adequate signa.tures. The City Manager a.s�ed if a.n emergency type ordinance could be published and was told it could not. Councilman �f!olke suggested the residents opposed to this vacation get a betition to get i� reopened and explained tha.t he had felt� as did the other members of the City Council� the residents had all been notified at the time this had been passed on. City Attorney Kohlan explained tha.t the failure to give this notification under the Charter does not invalidate the ordinance. The notifica'tion is something the Council does as a matter of advice and originally the thought was to vacate the entire alley. He further explained he had advised the members of the Planning Commission at that time that as long as these people �•rere using the alley, they should not be deprived of the access. Also protesting this vacation was Mr. George Gorski. Motion by Johanson tha.t the above described alley vacation be returned to the Planning Commission for a closer look because of the objections i;h�t have been voiced this evening. Seconded 'o,y Broo�:. Upon a voice vote, there being no nays; the motion carried unanimously. CLAIr�S : Motion b,y Johanson to approve payment of General Claim� �2o'I through �3�+�+. Seconded bt� Sheridan. Upon a. voice vot�=, there be�r.� no r.a��s, the r;?o � ion carried unanir;ou�l.y. T�"otion b1j Sheridar to approve payment of Liquor Clai�s ,' S3�9 throu�h �53��• S�conded by Rrook. Upon a. voice vote, there bein:�=. »o ray4, the motior carried una.nimou�l}�. riotion by Brook �o a.pprove payment of Public IJtilities Claim� �25�+� -throu�h �r2576• Seconded by 'v7olke. Upon a. voice vo�;e, tr;ere being no nays, the motion carried unanimousl.y. ESTIN�TES : Motion by Sherida.n to a.pprove the follo,ain� described esti?�ates: Dunkle.y Surfacin� Compa.n.y 3?56 Grand Street :dortheast r•"inneapolis, Minnesota Eti �imate :�T2 (Par�ial) Street Improvemer,t Project No. 190'2-4 Estimate �4 (Pa.rtial) Street Improvement Project A?o. 1962-2B Estimate {�4 (Partia.l) Street Improvement Project l'do. 19�2-21� �'> ��G36-51 �12�978.53 �� g,1B5.4o Seconded b;� Brook. Upon a voice vote, there beint7 no na.ys, the motion carried unanimousiy. LICLNSES: 1M ' Plnnni.n� Goamission Meetin,� - Juae Z3, 1963 pa�e 4 Z4 � i�AI�ID SIIHDIV?SION BASZC RB�.ATZ(1�T5 s Caatiaued uatil n�eact meetiag� Junm 27, 19630 15 p SSf P6BLIC SBASIISG DATB FO�t PBHI.�1�Y PLAT - F e F o F'OSLSBN HC��S I?IC �� Lot 5-C, 2nd B,e�vision .Auditoz's Subdivieion , e�tcept We 33e teken r for Lucia Lane� Matian by Mro Nagel, seca�adad by Mr. Thampsaa� to set the Publi�� Hesrf.ag daCe %r Preliminary Plat of Ivt 5-C, 2nd Bevisioa Audf.tor's Sccbdivision #21, eucept Wo 33a telten for Iucia Lane, for July 1?, 1963o IIpon e vaice vate, all votiug aye, the moti.on carried uzaaimausly, IGo QdCATIAN (SAV �b3Q3) BDSSffi.L Ho FRA�II3. SR,: Sis fooC easement nrorth side of L�t 1, Biock !, Don's 3rd Additiane Motion by Mro Jahaason, aeoondeci by Mr. Nagel, to coacur wf.th tbe Streets and Utiiitfes Sub-Coaoaittee to racoamead vacaL-ion of t�is easc�at ala�ng n�rth edge of Lot I� 82ock Z, Danfa 3rd Additian, subje�i to prr�- vidiag a similar eas�t slan,g the evuth edgs of the Zato Upcx� a vo�c� vote, all voting aye, the mat%n carried uaaaimoctslyo 1�7 a VACATION OF SaiITH 360° pF AIS.E'Y LOCATED �i BS.O�R 12. PLitriOUTH t.DDITIpi� o Motioa bq Mro Thompsoa, seconded by �, Jehan�an, to refez this mact�:�: to the Streets aad IItilitiea Sub-Co�itteeo IIpoa a voice vote; 8I2 va*i��,, sye, e�cept Mro Nagel who voted nay, th,e metioa casriedo gd_�,o�crament o Thera beiag ao further b�usinesa, Chaisman Bsevik adjauxneci th� mseting et 9:3�J Po2io Respectfully submitt�c�, Hazel 0'Brian Recardiag Secrstary 1N P.:�-,-. 7 �� :�zxeets a Utilities Sub��ittee - September 10, I963 .. ��1c� o� a�� s�c a�� - $ & r� � � - �� sa�� Zfra R.obert Bird �sp�ained thie property wss acued $ 1 and he �.��au�� keep it that way, The pragerty invalved iaeludas Jaffersvsi, Wesh��.an, 7f� an�i 6tt3 Streete betcraea 57th aad 58tiz, Allowiug for tw�e�ty fse� for stre�t F,1ttiT, h� would �d up with a graup of 64° Iots, At th� pa�s�nt� t i=� i Chey 8rg P18tt�d �.11 40 e ZOtS e He 8g�'@sd tt7 Tepl6t 81I thC� prages.-�% he �:m�ci leaving out e�seeptians � i4at;au bp �� i3bben that the S�raeta aad Utilities Sub�v*�.�.±,t�e� laok with favox au the atreet gattern wi:h the dedications ez±d ve�.ati� ��, as indicated and reco�meud to the Plasmiag ConmiasSon scceptanc� o� this plan„ Ga�ied, . PE'_T_`�TI0.1 � VACATIOI� B�V�RV�,T TS�A�B - SAV �b3�07 - i'$�t 79��I TG H�U�S:�� AV �;�'� : Present Co diecciss the vacation ware Mr, aact Mra, Wo Bo St�vh anr� D7c� Rebert Jaegezo 7'his portion of 8lvezvi�w Te..+=sce ie aat bsin� uaecl �s a*h�-ough stree� st this time� 23�t:�_an by Mza Obb� that the Parks end Plsygxaunds Commi�te� be �nr.= tecL•�d� that the mmubere af the Stseets � IItilities Sub�Gorsa�t�e� �nc. tbr Paz�?cs aad PIa;Tgzrounde Camrsittee visit thie aroa, und Lha�: Dra z3EEge. be iuvited to atit�ada Carr�Ledo GG�:S�DE�AT�OI� OP MI2�.9POLIS GAS C�II'ANY PEBS�ff� �a197�x A2v'L` A?�: F.A*1f . Mc�tion by ifr� IIbb�n �hat the Stre�te & IItilitiss 5ub=Gc�-:i�t�c d�.a:.; bot� Gas �oz�sa,.x�-; gereiita (Apea. Lane tr�d Gentral Ave�u� fxoc� C3: oad�-.�,,a ta 75r.�� snd S�insan Blvd, fram 75t1i to Osbaraa) unlese the Gas G�as�y wi�h�.s t� g� dxxru ae de�p es th� Gityas utilitieso Geniedo ,, VA�:�,..'i'IaN QF S4[3''`H 36L� t 0�' AI.I�EY I�t]C,ATED Ii�I BLO�P. L2 PLYi�� ADD.'�.'PI02? ; Mr� Nag�I visited the areao Nc actS.�u, � i�[TB�� ; T��re baiag uo tzzrther bus iu�s s, the msetiag wae ad jaura` .?� �� 5 045 P..2�� ti�Ily sesbmitted C ` ��/� L[ A u..a�v � �'+�+�..i� B,ecording Secsetary 10 Fn.�l:i:;�"+...r� ;�4��TSSIAN MSETI2,�G - SSPT�2BEB I2, 1963 P�� . ., Zhe Cocrmission recalled thie proble�m had beea discuesed pre.*icus�;? witli n,o solution accspt�ble to the intereeted partfaso �'�IDN by �o�psoa, secandnci by Nagel, that the PZanning �o•.�� s; �:.. rafer the Landlock Problem, Ostraen's 3rd Additiau, to the Stree�s t� g�ilities, Plats � Subdivisione Co�ittees and the City Sug£n�e: fc_- study� IIpon a voice vote, ell voting aye, the mation carried, I2, IAT SPLiT B$QII�St - L.S, �63-�29 - BARBY Siit7TE„ Qak Grave Additic�, Lot� lb, 17, I$o Mr, and i�irs� Harry Shuta were preseuta 1'h.ere was a short discussian regarding th� lot sizeso MDTION by Na,gel, secanded by Zhoapson, that the Plaaaing Go�?ssi�_. apprave t�e lot split subject to the City Attazn,�y'a app�aval anrl xeceij:t of certiffcate of survey, notiiag that the camer !ot is a mininnn. of 603s and pay�nt of ths lot split fee. Upon a voic.� vote, eI1 voting ay�; the mQtian carriedo � 3 � L�i SYLIT HEQD$S^s : L.S e�63-30 - TftED �1.P6I�X, II� a, i�.'i0N hy Nag�l, secoaded by Thampaon, that the Planaing Carr�issic�� refer thie request ba.ctc to the Plats � Subciivieione SubdCa�f tte�� Up:f_ a voice vote, alZ voting aye: the motiion carriede 14 � V�A.TIOI� OF SOGTH 360 � OF ALT�Ei' LOCA�.'�D a? BLOCR 12 s PiYri�DL'T�t AD�iT"e�>>�: : Mro Nage? reporteci the Streete & Utilities Sub��itt�� had vi�it�� this area� i�J'ZZON by Tii�npaon, eecandad by Bandel, that th� Ple�n.ing Caaaaf.ssit•n accept I�r � Nag�2 ° s vssba7. r�par� and reca�d no c.h�rtg� in the arigi.�� 3 reco�ndatioa of the vacatio�a IIpan a voice vQte, a2i �atiag sy�s t1s�. �ti.c� cszriedo 15o PROPQ�i�D P��rNa�tv PI�l.T - P,S�. �b3�-QE � MAIi..T�Y ADDIT20Iv - I�T' I�7R�L?N;;� M.r� Re�msth Nordl.i� atated his probleu� was that 80°°� of the 1s�3 �.� � 8-�2 and 20°,� zaned R-1, Tt�s prabieu: � wherher or aot the Iand wa�lc sequire r�zoning befare platting camE �a�, MY� Nardling was asked if �c: w�uld ase�e the costs o£ pa�blications for rezQniag he$r�.nv bei�.�e tz� City Attiazney°s opinion was givea, in order to sgeed up the pra�c:edi�su He agreed that ho wauZdo �fY�'i0N by Tiioa�son, secanded by N�el, ti�t the Plaaniag Co�iss:.c•L ae'� the. Public Hearing date for Octobar 10, 1963 for rezoniu�, Lat 2; AuditorFs Subdivision �94 except that part taken by the State o£ Mir::z:s��a, IIpon a voice vate, all notiag sye, the metion cazriede 1P such as these. Councilman Flolke inquired if there T�rere a sewer service t�o t�' lot. Mr. Clark stated he didn't know. Mr. Harry Shute, owner, was e�nt in favor of the lot split and to explain the area. Motion by Wolke to concur with the rec e�riH'a.tion of the Planning Commission and approve the lot split of Oak ddition, Lots 16, 17 and 18; L. S. �63-29 by Harry Shute subject e City Attorney's approval and receipt of certificate of survey. nded by Johanson. Upon a voice vote, there being no nays, the m carried unanimously. (,ouvw; I �Me?yl�i �t� VACATION OF S �,ber- lto� t�3 FEET OF ALLEY L�ATED IN BLOCK 12, PLYMOUTH ADDITION: The City Manager explained the City Council had approved the va.cations and it was referred back to committees for restudy. Councilman '+lolke stated he wished to have this item carried over becau�e at the time he had no idea when it would be brought back to the floor a.nd wanted the residents in the area to be notified. Motion by Wolke to table until the next regular meeting of the City Cauncil the vacation of So. 360 feet of alley in Block 12, Plymouth Addition and durin� the interim notify the residents involved. Mayor Nee inquired if the City Council could have a legal opinion regarding the reversing of their decision. Councilman Wolke stated the residents claim they were not notified and if this were true, it was not a le�al action, that there was a condition with two or three ga.rages and residents do not want to ba.ck out of their garages and claim they were not notified. It was stated the ordinance was recorded. Mr. Na�el, member of the Planning Commission stated it was only a matter of the residents not gettin� a house to house notice was the only matter, that some of the residents have al- ready put up fences and the resident doing the most complaining had already moved his �arage. City Attorney Smith explained the ordinance had been recorded and he was not certain, a.t this point, if tha.t didn't end it, that the City had reta.ined a utility easement but that he would check on sa.me and report to the City Council. Ma.yor Nee requested that Councilman Wolke rephrase his motion in- cluding in motion that a request for a. legal opinion be prepared. Motion by Wolke to table until the next regular meeting of the City Council the vacation of So. 360 ieet of alley in Block 12 Plymouth Addition, notify all resi- dnts in the particular named block so that a public hearing could be held and request a lega.l opinion be prepared for the meeting in question. Seconded by Johanson. Upon a voice vote, there being no nays, the motion carried unanimously. CONSIDERATION OF MINNEAPOLIS GAS COMPANY PERMIT �5-197-R AND APEX LANE: The City Ma.nager read to the City Council the recommenda.tion of the anning Commission and stated the Minneapolis Gas Company had re;uested a.t lines be closer than ten feet to City utilities; that this had been 'scussed before that nothing could be closer than ten feet to the lines so s was referred to Streets and U�ilities Committee and the Planning Commissio nd they recommerided permits be denied. The City Manager explained the per ' s could not be approved ten feet or less without Council a.ction. Mayor Nee "nquired how close the Minneapolis Gas Company wished to get to the City lin . Mr. Clark af the City Engineering De- partment stated they wished to go ve feet in one location and within seven feet of the City storm sewer ' a.nother location. The City Manager stated he had-called the Minneapol' as Company and asked if the City had to do ar�y extra digging, would they the difference in cost and he had heard nothing from them. Motion by Wo e to concur with the recommenda.tion of the Planning Commission and deny th rmits to the Minneapolis Gas Company on �5-197-R and Apex Lane. Se- con by Brook. Upon a voice vote, there being no nays, the motion carried animously. COMMUNICATIONS: � Q Motion by Johanson to concur with the recommendaiion of the Planning Commission a.nd approve the realignment of 73rd Avenue, University Avenue to Able Street, three and one half feet south. Seconded by Sheridan. Upon a voice vote, there being no nays, the motivn carried unanimously. J1U� +��+-� ��- � i��. CONSIDERAT��,N OF VACATION �F SOUTfi 360 FEET OF ALLEY: Mayor Nee announced the item for consideration was the vacation of the South 360 feet of a.n alley and inquired if Councilman Wolke had any comments. Coun- cilman Wolke inquired if the residents in the area. affected were notified that this would be on the Agenda this evening. The City Manager replied they had mailed some si�cteen notices. Mayor Nee inquired if there were anyone present who wished to be heard in this regard, that as he understood the problem the City of Fridley was in an irreprievable position. Mr. Edgar Miiseith of �+656 2nd Street Northeast stated he had just bought a home a.nd was unable to use his garage unless he backed all the way down.the alley. Mr. Rognas of �+680 2nd Street Northeast was also present in favor of the opening of the alley. Mr. George Gorzycki of �+668 2nd Street Northeast was present in favor =di the open- ing of the alley. Ma.yor Nee explained to the residents present that he ha.d no authority to change the action of the Council at this time. The City Ma.nager stated that, at one time� the entire alley was up for vacation and it was de- cided against it and then it had come up as a part of a.n alley vacation. Coun- cilaa.n Wolke stated that he felt one oi the reasons the City of Fridley did this was because they don't care to have alleys and if the people petition for vacating same, the Council does approve. The question was raised by a resident if an easement could be used. It was explained the City does retain an easement but the City can't use it except for public utilities. Councilman Wolke inquired if the action previously taken was a recommendation of the Streets and Utilities Committee and was told it was. Councilman Wolke stated this area was a problem as the City Coun- cil generally take their recommendations because they check these things qui�e thorough3y. Mayor Nee expla.ined the problem at the moment was that, apparently, wha.t the City Attorne.y says is the City does have to go in and buy the property back to reopen the alley. The residents asked wha.t they would do for driving if this was not done. City Attorney Smith explained there was a technicality here on the way of es- tablishing alleys, that there would be legal expenses, etc., and quite a lot of problems. He further stated it was his opinion that not much could be do:�e a.t a hearing, the Council could decide to pass a resolution to condemn the alley or they could decide to do nothing. A general discussion was held re- garding all aspects in the case. City Attorney Smith in:,uired if all the abutting owners were notified. He was told they were and that a petition in this regard was presented. Councilman Sheridan inquired of the Cit.y Ma.nager if all of the owners affected by the alley had not asked for a vacation but actually come back with a part section. Re was told this was true. Councilman Wolke stated that no ma.tter where a resident lived on this block, they had as much right to any portion, that it was a two way stre�t and if any resident didn't get a notice, then it was a different thing. Councilma.n Johanson suggested finding out how much of the property they could get back. City Attorney Smith stated he felt it was legally sufficient to follow the statute and charter provisions. Motion by Johanson that the City Manager and City Attorney be instructed to 1R� Jl � � :.� negotiate with the property owners in the affected alley to see how much of this property they could get back. Seconded by Wolke. Upon a voice vote, there being no nays� the motion carried unanimously. COMMUNICATIONS: EXCAVATORS: LICENSING OF WATER AND SEWER F�CAVATORS: The City Manager stated he had discussed the licensing of water and sewe ex- cavators with the City Attorney and would suggest the City Council ref this item over to him for his consideration. Motion by Brook to refer to the City Attorney the licensing of w ter and sewer excavetors for the drawing of an ordinance. Seconded by heridan. Upon a voice vote, there being no nays, the motion carried u nimously. BRODKLYN CENTER: SEWER STUDY AGENCY: Mayor Nee announced this was a communication from Br klyn Center on the sewer study agency. Motion by Johanson to receive the c unication from the Village of, Brooklyn Center and file. Seconded by Brook. Upon a voice vote, there being no nays, the motion carried unanimously. NORTH SUBURBAN HOSPITAL DISTRICT: ELECTIO�Y COSTS: Ma.yor Nee announced this was a communi tion from the North Suburban Hospital District rega.rding election costs. T e City Manager expla.ined a decrease in election costs was asked for by the ospital District, that Fridley had or- iginally billed the hospita.l distr et for about $�+83.00 and the new price would be $170.00. Motion by Johanson to author e the City Mana�er to reduce the North Suburban Hospital District election ost to the fi�ure of 10� of the total election bill. Seconded by Brook. Upon a voice vote, there being no nays� the motion carried unanimously. DEPARTMENT OF HEAL`I,�4: RICE CREEK: ��-- Mayor Nee annou ced the communication in question was from the State of Minne- sota. regardin Rice Creek. The City Manager explained to the City Council that the St e oi Ninnesota Depa.rtment of Health recommended certain things be done an they are talking a�out an expensive set up, that he had a. letter from the ealth Inspector in which he felt this problem was not serious. Mayor N e inquired if this could be studied and the City Council advised. The C' y Manager suggested the City Council might wish a report from the Hea h Officer in this regard and he woulcl want to consult with the Board of Health. Motion by Johanson to receive the let�er from the State of Minnesota, De- partment of Health and refer same to the Health Inspector, Mr. Hensley for his study and comments. Seoonded by Sheridan. Upon a voice vote, there be- ing no nays, the motion carried unanimously. 1S CTTY ATT�RNF;Y: PROPOSED AMENDMENT TO CHAPTER �+9: i and the other regarding the leasing of same. Motion by Johanson to refer the two letters received f�om Ma.dsen Realty re- garding the building at 6��1 University Avenue Northeast to the City Manager for a reco�endation to the City Council. Seconded by Brook. Upon a voice vote, there being no nays, the motion carried unanimously. The City Manager suggested to the City Council if they wished to extend the City property, it would be appropriate to authorize negotiations or looking into a building that might be available adjacent to City property to save rental monies of approximately $4�300.00 per year. Motion by Johanson to authorize the City Manager to negotiate for the acqui- sition of or checking into the possibility of obtaining the Oman property adjacent to City property. Seconded by Brook. Upon a voice vote� there be- ing no nays, the a!otion carried unanimously. PEARSON: PARK DEPOSIT: Mayor Nee announced the item in question uas a communication from Pearson Homes, Inc. The City Manager read aloud the communication and explained it Was with regard to a piece of property along Esst River Road which Was just replatted to permit multiple dwelling sites and part of Pearson's Craigway Development, that Mr. Pearson had felt they had contributed their 5`� or more for park purposes and though they had sent 8 check of $105.44 to cover park purposes, they wished Council consideration on same. Engineering Assistant Clark stated the entire acreage of the plat was ninety some acres and the Pearson land� so far� does meet the ordinance requirement. The City Nianager explained the $105.00 wouldn`t to any good. Motion by Johanson to authorize�the City Manager to return the check for $105.00 for park purposeG to Pearson Homes, Inc. Seconded by Brook. Upon Qa voice vote, there being no nays� the motion carried unanimously. �loe,�' ti[ l�i(�� OWNERS OF� LOTS 7-25, BLOCK 12, PLYMOUTH ADDITION: ALLEY VACATIOP� : The City Manager explained this was a communication�from the residents in the area regarding the alley vacaiion on the South 360 feet of Block 12, Plymouth Addition, that he had been directed b3 the City Council to write to the people abutting the same alley to vacate same but this letter had come in and each piece of property that abntts the area in question signed the letter and these residents don't believe in giving alley back. He fur- ther explained this was the alley that had been vacated by ordinance and the City Attorney has advised the only way to do anything about it Would be to re�.cpuire by dedication or condemna.tion. Motion by Johanson to rece�ve and place on file the letter received from the owners of Lots 7 through 25, B�ock 12� Plymouth Addition and confirm the action previousl}� taken by the City Council. Seconded by Sheridan. Upon a voice v.,te, there being no nays, the motion carried unanimously. MADSEN: APPRECIATION: The City Manager read aloud the letter of appreciation from Mrs. Betty Madsen. Motion by Brook to receive and place on file the letter of appreciation from Mrs. Betty Madsen. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. 1T � ;� �----� .� � �'�� . �,�-z.N7 —a-�r'� _ G� � j.-``� (Y�� : �-.�-�-'.� ''�'7 �'� ,.�- „ �/�-� �'v�-�-�.o' � �'�l r� .- �/-,� w ��, �. �1�� `�� ' '�s' �° ��. 1U AI �� °i t,�._ � � . � 6�31 1�T29EIi8ITY AVENUE N.E. ,� _ FRIDLEY, bIId 55432 Oommui.ity Developnemt Depnrtmeat (612) 571-3450 . �� Z�� . i� . � � . . � I�e�gal descripti�: �� ' , ; , :' Lot Block ,:Tract,/Additictz � � , , .„ , , _ , , . ... , < Legal �ipkion of . eas�nerYt to be . vacated: ` J ��. :; . , . .; = -.� ..,..': .��,'. , .,�. � .. . . . C�rner�t zonir�g: �-� � �quat,e foo�e/acaneage •' 1• . Reason for vacatio�: �rU �o� ° � � � � s ,� t, , � � �ir e m � + � e ;��.. . -. � ,_ � , , �•�, ICt S �' 2�d- � li 5 i Jt ` �vt' � ' � � Y e S- . F�,� rt �; � . . , FEE OWNEIt �T j�, ��t; �9�v��.� (Ooaitraet Purch�.s�ers: Fee Owners must sign this fona Prior to Pr'�'"��1) 1�ME � u.A lin o 1�. �f-� P�_ n /?��a hi�1 .��.�, �� . . SIC�iZURE Ea�M4M �:��1: �,�� :w►a M •;. � � u. �1_ � G � � - �� : 33/--�� 7 � : � _ n� ��-/,��-9'/ ,.,...a,.�.._ ��n � � �� 8�-ar�t��t`l�� ' � � , . ��r..►: �a;� � _�r-- - .. . , • �. , �►► . �� .I�_� ..1�. � . Fee: $150.00 (/ ___. �t �� # _ 9 l -d 1 ��t # 3 � �� 7 Applicatiari reoeivea by: �� P�� : -�j �a zz . t 9 q r sc�aulea citY �cil aate: .,.�............. ...r.........r......r.r...,........�.�......�......r....r.,..r.,..,..r.r.r.r.r.r....... 1 V��` Virgil C. Herrick James D�. Hoeft Greg� V. Iierrick Of Counsei David P. Newman TO: FROM: DATE: RE: If�I��][$1�� 1`��'�f�S�rrl��t �� `� - �, --------- AT'I'U�2NI;YS AT LAVt�' M E M 0 R A N D U M ( ; � i Michele McPherson, Planning Assistant �I�� Virgil Herrick, City Attorney �U June 11, 1991 Vacation Request by Eugene and Jean Hagberg This memorandum is in response to your memo of May 31, 1991. In your memorandum you discuss the possibility of vacating a portion of an alley in Block 23, Hyde Park. As I interpret the material that you furnished me, a majority of the people adjacent to the alley are in favor of the vacation. However, one, Mr. Meisner, is presently using the alley for access to the rear of his lot for parking purposes. The Planning Commission asked two questiions: 1. Will City action on the vacation request constitute a taking if it prevents access to Mr. Meisner's property? 2. Has there been precedent for the City to pay legal fees incurred by the property owner to record an access agreement? The general rule regarding a vacation of a right-of-way is that if a property owner is damaged by the vacation, he is entitled to compensation. The vacation of an alley constitutes a taking of part of the property owner's property rights. It is similar to a condemnation action and the measure of damages is the same; that is, the difference in value of the property before the vacation and the difference in value of the property after the vacation. Based on the information contained in the discussion before the Planning Commission, it would be my opinion that there is a very good possibility that the vacation would constitute a taking as far as Mr. Meisner is concerned. It would be my suggestion that one of the alternatives discussed by the Planning Commission be implemented before the alley is vacated. If this is not done, the City could be liable for damages to Mr. Meisner. If an alternative solution to his access problem is obtained, I would then suggest that Mr. Meisner be asked to sign an agreement that he is in favor of the vacation. Suite 2(15, fi401 Universiry A�•enue N 1 Wle.��, tiSin��c-sota 5�43', t,i2-571-3h5t; Memo to Michele McPherson June 11, 1991 Page 2 I am not aware of any precedent for the City to pay legal fees incurred by a property owner to record an access agreement. However, the amount of fees involved in this would be minimum. If there were to be an access easement partially on Meisner's property and partially on the adjoining property, this would involve preparing two Quit Claim Deeds with cross-easements. The one easement would have to be signed by Mr. Meisner and his wife, if he has one; the other would have to be signed by the adjacent property owner. If either property has a mortgage, the mortgage company would have to assent to the granting of the easement. I would estimate that the entire cost of preparing the easement agreements and recording them with the county would not exceed $200.00. I trust that the above answers your questions. If not, please contact me. VCH:ldb 1X QTY OF FRIII.EY VAQ�TION RH�UEST NOriICE D�te: April 26, 1991 Dear Utility �npany; The City of Fridley currently has a Vacation request, SAV � 9 i-n � , to See attached Plea9e indicate whether or not you have a problen with this vac�tion request. � - .. �� .: � � =�' �- - _ _ -_ •i - • - — has no problen with this request. � _ �� / =r=:r=- - �. • •. �: a- �._ 7he utility oampany cbes have a problgn with this request for the follaaing reasons: �i't/ -� • ..��G�-• ` .t��'•�.�� -� � /o. , .,�.��=�G2� . .. . �� - ,� / � �.� r, ., ., _. � a �� '�/ � � �� CZTY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 22, 1991 �...�....r.r� CALL TO ORDER• Chairperson Betzold called the May 22, 1991, Planning ommission meeting to order at 7:40 p.m. ROLL CALL• Members Fresent: Don Betzold, Dave Kondri , Brad Sielaff, Larry Kuechle (for Dia Savage) Members Absent: Dean Saba, Sue She k, Connie Modig Others Present: Barbara Dacy, ommunity Development Director Michele McP rson, Planning Assistant Steven Ba , Planning Assis�Eant Jean Ha erg, 5881 - 2nd Street N.E. James eterson, 7995 Broad Avenue See ttached list MOTION by . Kondrick, seconded by Mr. Sielaff, to approve the May 8, 1, Planning Commission minutes as written. i A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED MAY 8, 1991, PLANNING COMMISSION MINIITES APPROVED AS WRITTEN. 1. CONSIDERATION OF A VACATION REOUEST, SAV #91-01. BY EUGENE AND JEAN HAGBERG• To vacate the 12 foot alley in Block 23, Hyde Park, for a distance of approximately 243 feet south of the south line of 59th Avenue, generally located north of 58th Avenue, south of 59th Avenue, east of 2nd Street, and west of 2 1/2 Street. Ms. McPherson stated this is the 243 feet directly south of 59th Avenue. The alley is not improved, and all the properties in this general area are zoned S-1, Hyde Park. Alleys serve the public in three ways: They provide: (1) vehicular access; (2) location for utilities; and (3) access for emergency vehicles. In this particular instance, all the properties except one, 5834 - 2 1/2 Street, just south of where the vacation request ends, have access from either 2nd Street or 2 1/2 Street. Ms. McPherson stated t�e City has several advantages for vacating the alley. It will remove from the public responsibility part of. 1Z �j,je�NNrN[� [!�MMZBBi�N 1rIEETZNG. l�IAY 22. 1991 PAGE 2 an a11ey that the City cannot maintain, transferring the maintenance responsibilities to the adjacent homeowners directly abutting the alley. It would also potentially remove nuisances of partying and illegal dumping of materials. Ms. McPherson stated the property owner, Pete Meisner, who depends on the alley for access could potentially still have access from 58th Avenue, which is the � so�th entrance t� the alley, or if he could come to some type of agreement with the apartment building directly to the west of him at 5851 - 2nd Street, he would still have access to his property. Ms. McPherson stated there are several disadvantages to vacating the alley. In the past, the Council has preferred 100� agreement for vacating an alley or street. Included in the aqenda packet are minutes alluding to a 1963 alley vacation in which the petition was to vacate a portion of an alley; and in the process of review, the entire alley, without 100� agreement, was vacated. However, the original petition for the portion of the alley was 100� agreed upon by those persons directly abutting the alley, the same as this current request. Ms. McPherson stated that in 1980, a similar request to vacate all of the aliey in Block 7, Hyde Park, was approved by the City. In that instance, a petition with 100$ of the adjacent property owners was submitted. In the Hyde Park neighborhood, there are two partially vacated alleys and four entirely vacated alleys. Ms. McPherson stated vacating a portion of the alley creates an alley that has a deadend which would require that someone driving into the alley would have to back out the same way he/she entered the alley. With only one entrance to the alley, access would be prohibited should someone park in the south area of the alley, and this would prohibit the access of Mr. Meisner's property. Ms. McPherson stated a third opportunity for access to Mr. Meisner's property would be for the City to allow a parking area to be paved in his front yard. However, in reviewing the building file in 1978, apparently City staff told the previous property owners that they could not use a curb cut in their front yard, even though the Code allows parking in the required front yard if the parking does occur on a hard surface. Ms. McPherson stated that in evaluating the request based on the three public purposes (vehicular access, emergency vehicle access, and location for utilities), the only requiremerit that is not met is the fact that the access to Mr. Meisner's property could potentially be blocked. There are NSP overhead wires in the alley; however, a 10 foot drainage/utility easement submitted by the petitioners would still allow access by the utility company to repair and maintain their lines. The Fire Department does not 1AA PLANNING COMMISSION MEETING, MAY 22, 1991 PAGE 3 require the alley for emergency access, so the remaining issue is to ensure that Mr. Meisner has guaranteed access to his property. Ms. McPherson stated staff is recommending to the Planning Commission that this vacation request not be granted until Mr. Meisner has guaranteed access to his property, either by an easement agreement with the property owner of 5851 - 2nd Street, the apartment building directly to the west of his property, or by the City allowing him to pave a parking area in the front yard. If either option does occur, staff would recoa�mend the portion of the alley be vacated as requested, the north 243 feet, with two stipulations: 1. 2. The petitioner shall pay for the cost of preparing and installing the deadend alley signs. The petitioner shall provide a 10 foot drainage and utility easement over the vacated alley. Ms. McPherson stated staff is also recommending that perhaps the Planning Commission might want to discuss the policy issue of vacating part or all of alleys in general and make a recommendation to City Council. Mr. Betzold asked how access to Mr. Meisner's property is being denied. Ms. McPherson stated that Mr. Meisner's house has no garage and no driveway from 2 1/2 Street. In order for Mr. Meisner to remove his vehicle from the street, he uses the alley to park in his rear yard on the grass. On occasion he has had to call the City to say that someone has piled brush in the alley or someone has parked in the alley which prevents him from accessing his property. Mr. Kuechle asked if there is any record for the number of parties or disturbances that would indicate a good reason to vacate the alley. Ms. Dacy stated the Police Department has records, but staff does not have that information for the meeting. Ms. Jean Hagberg, 5881 - 2nd Street, stated that they have lived at this address since 1964. Until 2ast year, the alley has not been drivable, because of high ruts. In the last year, they have had NSP cut down trees, and the neighbors cleaned up the alley. They also hauled in dirt to fill in the ruts, because they had plans for vacating the alley on their end. Ms. Hagberg stated their reasons for wanting to is because of the kids that go back there and broken glass, cans, beer bottles, and other driving through the alley at 2:00-3:00 a.m. . . vacate the alley party, because of debris, and cars pLANNING COMMI68ION MEETING, I�UY 22. 1991 PAGE 4 Mr. Paul Reider, 5875 - 2nd Street, stated that he owns the property adjoining the Hagbergs. He stated snowplowing is a concern of his since this alley has never been plowed. This alley has no gravel on it, and it is very muddy when it rains. At this point in time, he did not expect the City to come in and spend any of his tax dollars to impr�ve it. Six months out of the year, the alley is filled with snow. If the alley was plowed, what wfluld happen to the snow? Ta his knowledqe, the alley has not been used for garbac�e re�oval or fire acce�s. He believed it would be a win- win situation for the City ta not spend any money improving this property, and he would condone giving Mr. Meisner off-street parking in his front yard. Mr. Meisner's lot is very small, but he could have access to his rear yard from the south end of the alley and from the front. He did not want to cause a hardship for anyone. Mr. Meisner stated there are no lights in any of the alleys that the City is not maintaining. So, it is very dark back there. He stated he walked down to the 5900 block where.1/2 of the alley is vacated. He did not see one sign saying "deadend". He did not see any signs saying "end of street" or any barricades. He asked some people if there were any problems with the vacation of the alley, and there did not appear to be any problems. Regarding snow removal, they said they are at the discretion of the apartment building to piow them out. He did not understand that, because he is under the impression that he is not allowed to plow an alleyway with his personal vehicle. The people in the 5900 block told him of similar problems with the alley because of the darkness, a place for kids to party, and trying to keep the alley clean. Mr. Reider stated that if one-half of the alley is vacated, they will stop people from using it for a shortcut and for parties and it will stop the garbage that is ongoing. The broken glass is a big problem, and who is liable if someone gets cut while playing in the alley? If the alley is to be kept open, then he thought lights are essential for security reasons. Mr. Betzold asked if vacating the northern one-half of the alley would preclude the vacation of the southern one-half in the future. Ms. Dacy stated that if the neighbors submitted a petition to vacate and had 100� agreement from the adjacent property owners, then she did not see how the vacation of the northern half could preclude the vacation of the southern half. Ms. Dacy stated staff's recammendation is based on the objective to get the access issue resolved for Mr. Meisner or any future owner of his property. The record is not clear as to why the City denied the former property owner the ability to have a curb cut off that street in 1978 when the Code does allow it. They do not know if the property owner of the apartment building would be willing ��« PLANNING COMMISSION MEETING. MAY 22, 1991 PAGE 5 to record an access easement in perpetuity across their property to allow Mr. Meisner access. Mr. Pete Meisner stated that he has to have some type of access to his property. He is willing to work with the apartment building owner to get an easement as long as it is in writing. Mr. Kondrick asked how Mr. Meisner felt about a parking area in his front yard. Mr. Meisner stated a parking area in his front yard would take up almost his entire front yard. He would prefer to have access to the rear of his property. Mr. Betzold stated a third option for access to Mr. Meisner's rear yard is to come through the alley from the south. Mr. Meisner stated the only problem with that is that he would have to drive in forward and then back out. He would still have to drive on a part of the northern part of the alley. Mr. Betzold asked about snow removal in the wintertime. Ms. Cheryl Williamette, 6004 - 2 1/2 Street, stated she is the previous owner of Mr. Meisner's property. She stated they had a big truck and they plowed the alley themselves. They always parked two vehicles in the back yard. She stated that in 1978 when the City came in and tore up the old streets and put in new streets and curbs, they decided they would like to put a parking area in the front yard. She stated the property is on a hill, and there is no way you can guarantee that a vehicle parked on the hill in the wintertime is not going to slide down the hill. So, it is not an option unless they dig into the hill, and there is water and sewer on part of the property. At one time, she and her husband tried to see if they could put a drive-around to get to the rear of the house, but there is not enough room on either side of the house. Ms. Dacy asked Ms. Williamette if she remembered why the City did not allow a curb cut in 1978. Ms. Williamette stated the City said it was because they could not park in front of the house, that they needed some access around the house. Ms. Judy Konselo, 5828 - 2 1/2 Street, stated she owns the property next to Mr. Meisner. She stated she uses the alley to the south, and in the wintertime, the snow from the apartment building parking lots is stacked at the end of the alley, so access to the south for Mr. Meisner is not possible in the wintertime. Ms. Dacy stated that given these particular circumstances, staff thought the option for a driveway in Mr. Meisner's front yard 1DD PLANNING COMMIBBION 1dEETING, ISAY 22. 1991 P�GE 6 should be reconsidered. The lot is only 40 feet wide, and there is no way to get to the rear from the front of the property, and it seems like a reasonable option. Mr. BetzaYd stated that if the City does vacate the northern half of this alley, they are essentially taking property from Mr. Meisner. By denying him the access to the rear of his property and then requiring him at the sa�e time to have some place to park his car, having to use his frant yard far a driveway would diminish the value of his property. If the only access to the rear of the property is with an easement, that will cost someone some money, and somehow this is going to have to be worked out. He stated using the southern half of the alley is the worst scenario, because it is probably just a matter of time before the neighbors to the south are going to want to vacate their half of the alley. It is too bad the City turned down the curb cut and driveway 12 years ago, because they wouldn't have this problem now. Mr. Betzold stated he believed there is an issue here, because the City is essentially taking property, and the City Attorney should review this a�atter before it goes to Council. He would also like staff to contact the apartment building owner and get more information on that option. Ms. Dacy stated staff will try to contact and meet with the apartment building owner at 5851 - 2nd Street to see if it is possible to get an access agreement, and they will also discuss this with the City Attorney. OTION by Mr. Kondrick, seconded by Ms. Sherek, to table SAV #91- 01, by Eugene and Jean xagberg until the June i2, 199I, Planning Commission meeting in order to obtain more information and to get a Iegal opinion from the City Attorney. IIPON A VOZCE VOTE, ALL VOTING !lYE, CHAIRPERSON BETZOLD DECLARED T8E MOTION CARRIED IINANIMOUSLY. Ms. Dacy stated that if not enough information is available for the June 12, 1991, meeting, the City will notify the neighbors about a week prior to the meeting. Ms. Sherek stated another question to be asked of the City Attorney is that if there are legal fees incurred by the property owner to record an access agreement, is there any precedent for the City undertaking the payment of those fees? 2. 11vUA rr;l'�xsVtv A1vU T1NiV.1'tSY ANll UVN 1"1' M1LL�K: To vacate the east 110 x 40 fee of Dover Street as measured from the east right-of-way ' e of Broad Avenue, subject to an easement for utility p oses over the southerly 20 Feet of the portion of Dove Street to be vacated and a walkway 1EE CITY OF FRIDLEY PLANNING COMMISSTON MEETING, JUNE 19, 1991 ---------------------------------------------------------- ------ CALL TO ORDER' Chairperson Betzold called the June 19, 1991, Plan ' g Commission meeting to order at 7:34 p.m. ROLL CALL• Members Present: Members Absent: Don Betzold, Sue Brad Sielaff Larry Kuechle, ; Connie Modig, Saba, Dave Kondrick Others Present: Barbara Dac , Community Development Director Michele M herson, Planning Assistant Ronald enson, 5834 2-1/2 Street N.E. Paul Eileen R�id�r, 5875 2nd Street N.E. Pe Meisner, 5834 2-1/2 Street N.E. ggy Walker,.6339 5th Street N.E. aren Moormann, 5850 - 2-1%2 Street N.E. OM TION.b Mr. Sielaff, seconded by Ms. Modig, to approve the May 22, 19 , Planning Commission minutes as written. f A VOICE VOTE, ALL VOTING AYF, CHAIRPERSON BETZOLD DLCLARED MAY 22, 1991, PLANNING COMMISSION MINIITES APPROVED AS WRITTEN. l. CONSIDERATION OF A VACATION. SAV #91-01. BY EUGENE AND JEAN HAGBERG• To vacate the 12 foot alley in Block 23, Hyde Park, for a distance of approximately 243 feet south of the south line of 59th Avenue, generally located north of 58th Avenue, south of 59th Avenue, east of 2nd Street, and west of 2-1/2 Street. Mr. Betzold stated that this item was tabled at the last meeting in order to obtain additional information and a legal opinion from the City Attorney. MOTION by Ms. Sherek, seconded by Ms. Modig, to remove this item from the table. UPON A VOICE VOTE ALL VOTING AYE CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this is a request to vacate the north 243 feet of an alley that is located in the 5800 block of 2nd and 2-1/2 Streets. She stated at the last Planning Commission meeting, there 1FF PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 2 were several questions raised regarding the effect of this vacation on Mr. Meisner's property, 5834 - 2 1/2 Street N.E. Ms. McPherson stated a memo has been received from the City Attorney, and it is his opinion that preventing access to Mr. Meisner's property would constitute a taking. She stated the City Attorney suggested that one of the alternatives discussed by the Planning Commission be implemented, if the alley is vacated. She stated the alternatives are that an access easement be obtained or that Mr. Meisner be allowed a paved parking area in the front of his home. Ms. McPherson stated the apartment owners at 5851 2nd Street and 5846 2-1/2 Street were contacted to determihe if they would pravide Mr. Meisner with an access easement or a place to park his vehicle on a permanent basis. She stated both property owners indicated they would be reluctant to provide Mr. Meisner with any type of access easement. Ms. McPherson stated the City Assessor, Mr. Madsen, was consulted and it was his opinion that there would be a devaluation in the property, if the vacation is approved. She stated Mr. Madsen felt the property was not landlocked, but there would be no area to provide access to a garage, should one be constructed. Ms. McPherson stated it is staff's recommendation that Mr. Meisner have some type of access, prior to approval of the vacation, either by an access easement or paving the parking area in his front yard. Mr. Ron Swenson, 5834 2-1/2 Street N.E., stated there is an alley a block away on 60th and 2-1/2 Streets that is maintained by the City and asked why this alley cannot be improved and maintained. Mr. Betzold stated his position is that if this vacation is not approved, the City should improve the alley and pave it. Mr. Swenson stated it seems neither the neighbors nor the City are willing to pay for the improvement. He stated you cannot drive a vehicle in the alley without it getting scratched. Mr. Pete Meisner, 5834 2-1/2 Street N.E., stated he does need some type of access to his property as he wants to construct a garage at some future date. He stated if the alley is open, he can construct a garage in the rear and, if the alley is vacated, he would need a tuck-under garage. Mr. Meisner stated he understands the City is not willing to consider a tuck-under garage. Ms. McPherson stated she did not know where Mr. Meisner obtained this information as there are several tuck-under garages on other properties in the City. She stated unless there is a structural problem, she could not see any reason for the City not allowing Mr. Meisner to construct a tuck-under garage. 1GG PLANNING COMMISSION MEETING JUNE 19 1991 PAGE 3 Mr. Meisner stated his only concern is that he has some type of access. Mr. Paul Reider, 5875 2nd Street, stated he felt the off-street parking in front of Mr. Meisner's home would give him the optimum access. He stated he favors vacation of the north end of the alley as it is a drive-through and not maintained. He questioned who is liable if someone is injured as there are children riding dirt bikes in the alley. He stated he is concerned with the safety, and the four landowners to the north are looking for some relief to the activities that occur in the alley. Mr. Betzold stated if the north end of the alley is vacated, there has been testimony that it would be a lot more difficult for Mr. Meisner to access through the south end. He stated also that if the north end of the alley is vacated, there may be a request to vacate the south end. He stated he would not like to be placed in the position that by approving one vacation, the other one would have to be granted. Mr. Betzold stated it seems there are problems with any approach that is taken. He stated he reviews this from a policy standpoint, however, the Council would also get involved in the budgeting issue, if the alley were to be improved. Mr. Sielaff asked what constitutes adequate access and if there was access only from the south, if this was adequate. Ms. Dacy stated there is access from the south, but history has shown that this has not always been available. She stated what the City Attorney has stated is that Mr. Meisner may have no means to get to his property and that may constitute a taking of property. She stated her concern is that Mr. Meisner's property is not typical and does not have an access from the street and his sole access is from the alley. Ms. Peggy Walker, 6339 5th Street N.E., stated she felt the alley should not be vacated. She stated she has not observed vehicles in and out of the alley, except the vehicles from the apartment building and Mr. Reider's neighbors. She stated she felt the apartment owners wanted the alley vacated so they can dump their snow in this area. Ms. Elaine Reider, 5875 2nd Street, stated she has cleaned the alley and removed debris. She stated she has talked with property owners regarding the alley and no one is even concerned or cares about it. She stated she wanted the partying that goes on the alley to stop, but wanted Mr. Meisner to have access. Ms. Dacy stated in regard to the question of liability which was raised by Mr. Reider, the City would be liable. She stated there are a number of paper streets and alleys in the City that are on the books and not improved. She stated if something happened on 1HH PLANNING COMMISSION MEETING JUNE 19 Z991 PAGE 4 City owned property, anyone would have the right to file a claim. Mr. Betzold stated if someone was injured and wanted to file a claim, there is nothing that prohibits them from doing so. Ms. Modig questioned how giving access to Mr. Meisner would affect the parking at one of the.apartment buildings. Ms. Dacy stated that in the case of the property owner to the north, if Mr. Meisner was provided access, he would have to access through the apartment's parking spaces. She stated the apartment owner did not want to give up any parking spaces in order to provide this access. Ms. McPherson stated as far as the apartment owner to the west, the area where Mr. Meisner would access is where the dumpster and fencing is located. Mr. Meisner stated he would be willing to clean the alley to a certain extent, but was told by City staff this was not a good idea as he would be on someone else's property. He stated he was advised that the City would not clean the alley. Ms. Dacy stated she knows the cleaning issue is frustrating for the property owners. She stated the current policy is that the City is not maintaining the alley, but as Ms. Reider testified, she has done some cleaning in the alley. She stated she believed the apartment owner must plow the alley for his tenants to get in and out. No other persons in the audience spoke regarding this proposed vacation request. MOTION by Ms. Sherek, seconded by Mr. Sielaff, to close the informal public hearing. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMODSLY, AND THE HEARING CLOSED AT 8:05 P.M. Ms. Dacy stated if the Planning Commission chooses to recommend approval of this vacation request, the staff recommends that the petitioner pay for the cost of preparing and instaliing the dead- end alley signs and provide a ten foot drainage and utility easement over the vacated alley. She stated a provision should also be made for Mr. Meisner's property for an access easement or a paved area in the front yard so he has 100 percent access at all times. Mr. Betzold stated it seems the provision for an access easement is not feasible since the apartment owners are not willing to provide the access. He stated it seems any approach that is taken is liable to cost the City. He stated he did not know how to 111 PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 5 advise the Council as they make the spending decisions. Mr. Betzold stated from a policy standpoint, there is a problem that this is a nuisance and does not doubt it is an eyesore and, for this reason, probably should be vacated. Mr. Betzold stated, however, he cannot ignore the issue that by approving the vacation, it would be taking property from Mr. Meisner and he would probably have to be compensated. He stated Mr. Meisner has already been told he cannot park on the street, but he cannot be ordered to install a parking space in his front yard. He stated if the north end of the alley is vacated, Mr. Meisner may not be able to access on the south which may constitute a depreciation in his property. Mr. Sielaff stated he is inclined to deny the vacation request due to all the uncertainty. Mr. Betzold stated he is not opposed to the vacation, however, there are consequences if it is not vacated. He stated he felt the best recommendation he could make is not to vacate the alley. He felt if the alley is not vacated, the area probably should be considered for upgrading and improvement. He stated this would have to be the Council's decision as there would be considerable cost involved to improve it and they may wish to leave it as it now exists. Ms. Sherek stated if the vacation is going to cause a hardship to a person who is not a party to the vacation request, she would not be in favor of it. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend to City Council denial of Vacation Request, SAV #91-01, by Eugene and Jean Hagberg, to vacate the 12 foot alley in Block 23, Hyde Park, for a distance of approximately 243 feet south of the south line of 59th Avenue, generally located north of 58th Avenue, south of 59th Avenue, east of 2nd Street, and west of 2-1/2 Street. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated the City Council will hold the public hearing on this vacation request on July 22, 1991, but action on the request will not take place until the Council's first meeting in August. 2. PUBLIC HEARING: CONSIDERATION OF A SPECI�AL USE PERMIT SP #91-07, BY BIZAL, INC.: Per Section 205.18.03.C(4) of t�e Fridley City Code, to increase the maximum lot coverage from 40% to 42.50 on Lot 1, Block 3, East Ranch Estates e�cond Addition, generally located at 7880 Ranchers Road N.E� 1JJ MEMORANDUM - Municipal Center '_ ' 6431 University Avenue Northeast Fridley, Minnesota 55432 �� i (612) 572-3507 , FAX: (612) 571-1287 � � 0 a� � b � � � N � � ''� -� � U w � o '� U td � � William C. Huat Assistant to the City Manager � Memo To: william W. Burns, City Manaqer�• , �yI From: A' %� illiam C. 8unt, Assistant to the City Manaqer/ �� Staff Person for the Charter Commission subject: Public Hearinq for Proposed Amendments to 8ection 2.05 of the Fridley City Charter Date: July 17, 1991 At its meeting of March 25, 1991 the Fridley Charter Commission approved amendments to Section 2.05 of the Fridley City Charter and voted to transmit them to the Fridley City Council for consideration. At its meeting of April 29, 199i the Charter Commission approved the minutes of the March 25, 1991 meeting. At its June 3, 1991 meeting the Fridley City Council set a public hearing on these amendments for July 22, 1991. Basically, the amendments divide vacancies into two classes; those which occur within the first three years of a term and those which occur in the fourth year of a term. Also, there is another division regarding one, two or three simultaneous vacancies and four or more simultaneous vacancies. The following chart gives a synopsis of the provisions based on these two divisions. 1 Year of Term in Which Vacancy Occurs E 3 :� Council shall call a special call a Council has special election. option of election or appointment. City Manager shall order special election. � ORDINANCS NO. AN ORDINANCE AMENDING BECTION 2.05 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following section of the Fridley City Charter be amended as follows: Section 2.05. VACANCIES IN THE COUNCIL. 1. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony, of any such person whether before or after his qualification, or by reason of the failure of any councilmember without good cause to perform any of the duties of inembership in the Council for a period of three (3) months. In each such case, the Council shall by resolution declare s� a vacancy to exist_ � £�a�� A�'��L�3��3. If a vacancY is declared to occur before Januarv 1 of the fourth year of the term of office in question the Council shall call a special election to be held not less than €e�g- �;t,° •"�` thirtv (30) days nor more than sixty (60) days from the time such vacancy is declared. The Council shall designate a period of no less than five �5) consecutive working days for the purpose of filing nomination petitions in accordance with Section 4.06. In the case of a special election to fill the vacancy, there shall be no primary election. The candidate receiving the largest number of votes shall be declared the winner. The winner of said election shall be qualified and take office immediately upon certification by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord. ) 2 • ii R��Ri �Ti �l�A �**�iRa�i{WVrV��„�TVT�b*14�VO�i=V�� V �Q�RC�Q� bV �e°�-��a : ��"c�—rsTi�ii�C��6T—��iA ��e�a-��sf-�e�s If the vacancy is declared to occur on or after January 1 of the fourth year of the term of office in question, the Council may call a special election as indicated in number 1 above, or the remaining members of the Council may, within thirty (30) days of the vacancy declaration. by unanimous action, appoint a��s�-� �e�ae�-s �e-r�.��t�e-��s�i�w-€e��-r� � a aualified citizen to serve the unexpired portion of the term. If the vacancy is declared within forty-five (45) days of the general election date, the council shall exercise their � office upon appointment. m��; �lage��+e�� s�a�� ao-�s—€e��a••,:�T ��—�� o--��—vas�a� �r-e €�� €€e-r4��e�*-'��—t�ke &"ppo��@i3�, i�3 � � �3@—�A ��@ 6Q&� �3��—��A-6��"�Q �'�m'��#� ��if�--�6�� a• is o:i°v vciiiv V�6'�ii� &�e '��i@ 6a$Fe �v:a6J�a�i7—f'o�—vv^"ai ^v�� b'3l�� i'o�!l006e id�s 7 ��- e.�l� � rwl� :r��r��cs �-� fi l l 1��t �r�v.�� r��e_�r4� (Ref. Special Election 3/25/75, Ord. 776, Ord. 857, Ord. ) 3. If at anv time the membership of the Council is reduced to less than two (2) members, the City Manager shall order a special election after the manner provided in Section 2.05, number 1 above and in Seation 4.04 to bring the membership of the council up to five (5). If the position of City Manaaer shall order such an election. (Ref. Ord. � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THTS DAY OF , 1991. WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK � � ' GlYOF FRIDLEY MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 {612) 572-3507 FAX: (612) 571-1287 �! �� Memo To: William W. Burns, City Manaqer �� William C. Hunt Assistant to the City Manager From: - William C. Hunt, Assistant to the City Manaqer/ 4��v�� Staff Person for the Charter Commission subject: Date: Public Hearinq for Proposed Amendment to Section 2.03.07 of tbe Fridley City Charter July 17, 1991 The original City Charter had the following provision relating to ward boundaries in paragraph 7 of Section 2.03: "The boundaries of the three wards shall be redetermined from time to time by ordinances duly adopted by the Council, and based on findings of the Council that the wards as so redetermined are of as near equal size in both population and area as practicable." In 1983 the Fridley City Council passed Ordinance No. 776 which restricted the populatian of any ward to a one percent deviation from the average of the three wards. The concept of one person, one vote was behind this change. However, the restriction of a one percent deviation is more rigorous than the current practice for state legislative districts (2�) or the requirements of state law for county commissioner districts (lOg). At its May 20 meeting the Charter Commission voted to expand that percentage from one percent to three percent. The thinking was that this would allow more leeway for lining up wards and using natural boundaries or easily identifiable streets while still providing for equal representation. Because in the ordinary course of events the minutes 1991 meeting would not be approved until September Charter Commission voted to expedite presentation to the City Council for consideration. On June Fridley City Council set a public hearing on this July 22, 1991. WCH/jb o f the May 2 0, 30, 1991, the of this matter 3, 1991, the amendment for ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.03.07 OF T$E FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following section of the Fridley City Charter be amended as follows: Section 2.03.07 7. The boundaries of the three (3) wards shall be recietermined from time to time by ordinance duly adopted by the Council, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than e�e three percent (� 3�) from the average of the three (3j wards. (Ref. Ord. 776) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK 3A MEMC�RANDUM - Municipal Center _ 6431 University Avenue Northeast Willi�l C. �I11IIt Fridley, Minnesota 55432 Assistant to the City Manager �ypF (612) 572-3507 �a-� FAX: (612) 571-1287 Memo To: William W. Burns, City Manaqer ' �: From: William C. Hunt, Assistant to the City Manaqer��C��,� Bubject: Alternative Time Lines for Charter Amendments Relatinq to Redistrictinq of City Wards Date: July 17, 1991 Councilmember Steve Billings requested a calculation of the most favorable scenarios for establishing amendments to the Fridley City Charter relating to the variance allowed in the size of wards upon redistricting. The current amendment proposed by the Fridley Charter Commission wouZd allow for a three.percent variance. An alternative recommended by the Fridley League of Women Voters would be a two percent variance. According to state law the Fridley City Council only has the alternative of accepting or rejecting a Charter proposal. If some amendment other than the three percent amendment currently proposed by the Charter Commission were to be adopted, the Charter Commission would have to agree to that and propose a different amendment to the City Council. The question is whether that could be done in time to meet the requirements of law regarding redistricting. This latter question is further complicated by the fact that state law has apparently contradictory provisions. On the one hand it forbids redistricting in years ending in one, and on the other hand it requires redistricting to take place within 45 days after the state legislative districts have been established. There is a further requirement that redistricting cannot be done within 90 days before a general election. Al1 of this is further complicated by the fact that the Governor vetoed the redistricting bill passed by the state legislature, and that veto is being challenged in court. Perhaps the easiest way to figure out when the ward redistricting has to be accomplished is to work back from the presidential primary, a general election set for April 7, 1992. The last day for accomplishing the redistricting would be 90 days prior to that general election or January 8, 1992. According to my calculations, the Charter could be amended in time for that January 8 deadline if the Council took positive action on August 12, 1991. Almost any other scenario would lead to an effective date for redistricting which would be after January 8, 1992. C Memo to William W. Burns July 17, 1991 Page Two The following are the time lines for the respective actions: Earliest Date for 3 Percent Solution July 22, 1991 August 12, 1991 August 26, 1991 September 4, 1991 December 3, 1991 Public Hearing First reading Second Reading Publication Amendment becomes effective if not challenged by petition. Earliest Date for Alternative Amendment July 22, 1991 Public Hearing August 12, 1991 Rejected on first reading August 19, 1991 Charter Commission proposes amendment August 26, 1991 September 30, 1991 October 7, 1991 October 21, 1991 October 30, 1991 Council sets public hearing Public Hearing First reading Second reading Publication alternative January 28, 1992 Amendment becomes effective if not challenged by petition. This is presented as background for discussion at the public hearing on July 22, and I would appreciate your passing this on to the Fridley City Council for consideration. WCH/jb � _ � J DATE: TO: FROM: Community Development Department PI��NNING DIVISION City of Fridley July 18, 1991 William Burns, Barbara Dacy, � �� City Manager �• Community Development Director SUBJECT: Second and Final Reading of an Interim Ordinance Declaring a Moratorium on Issuance of Special Use Permits for Auto Repair Garages At the July 1, ordinance for recommended. BD/dn M-91-528 1991 meeting, the City Council approved the attached first reading. Second and final reading is now ORDINANCE NO. AN INTERIM ORDINANCE PLACING A MORATORIIIM ON THE ISSUANCE OF SPECIAI, IISE PERMITS FOR AUTO BODY REPAIR BIISINESSES AND PROHIBITING THEIR LOCATION WITHIN THE CITY WHILE THL MORATORIIIM IS IN EFFECT The City Council of the City of Fridley does hereby ordain as follows: SECTION 1 PURPOSE AND INTENT The City Council finds that an interim ordinance placing a moratorium on the location and establishment of auto body repair businesses is necessary to protect the health, safety, morals, and general welfare of the citizens of the community; and The City Council finds that an interim ordinance placing a moratorium on the location of auto body repair businesses is necessary in order to permit the planning process to take place and to allow the City staf�, Planning Commission, and City Council to proceed in an orderly fashion to adopt a permanent ordinance requiring the owners and operators of auto repair businesses to obtain a license to operate within the City. SECTION 2 AUTIiORITY This ordinance is adopted pursuant to City of Minnesota Statutes Annotate "Interim Ordinance". SECTION 3 DEFTNITIONS that authority granted in the d 462.355, Subd. 4, entitled The City Council hereby directs the City staff to study and prepare an ordinance requiring owners and operators of auto repair businesses to obtain a business license, and to schedule a public hearing before the Planning Commission within sixty (60) days of the effective date of this interim ordinance. The City staff is further directed to report the results of their studies and recommendations along with the recommendations of the Planning Commission as soon as the Planning Commission has completed their hearings and recommendatians. SECTION 4 VIOLATION The City may enforce any provision of this ordinance by mandamus injunction or other appropriate civil remedy in any court of competent jurisdiction. i � Ordinance No. Page 2 SECTION 5 SEVERABILITY Every section, provision, or part of this ordinance is declared severable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this ordinance shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision, or part thereof. This ordinance shall become effective fifteen (15) days after publication and shall be in effect for a period of one hundred and eighty (180) days from the-date hereof. 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 First Reading: July 1, 1991 Second Reading: Publication: � . �."� �� , . . � �� .��_. '� ; POLICE DEPARTMENT I DATE JULY 17 , 19 91 c�ty of F��dtey M innesota PUBLIC SAFETY DIRECTOR, J.P.HI I SUBJECT ANIMAL CONTROL CONTRACT RENEWAL MEMORANDU11It TO �- BILL BURNS �.. �' INFO Attached for Council consideration is the Animal Control Contract renewal for August.l, 1991 through July 31, 1992 with Skyline Veterinary Hospital. The original contract with Skyline Veterinary Hospital was entered into on the 23rd day of July 1990 for a flat rate of_$830 per month, based on an average animal intake of 20 animals per month. On December l, 1990, Council amended the contract to increase the rate to $1100 per month based on actual average animal intake of 32 animals per month. We have just completed an audit of Skyline's and Police Department records which reflected a continued average animal intake of 32.5 through Ju�e 1991. Due to increased business cost Skyline requested a 5$ increase in the contract renewal which would be $1155 per month. Skyline reports that their subcontractual cost for disposal has increased 13�, from $11.50 per animal to $13 per animal, since the last negotiated fee. Due to current city budget restrictions, Skyline has agreed to Iimit the increase to $1125 per month, which represents a 2.27� increase provided for in our budget. Skyline returns license and boarding fees to the City from owners who retrieve animals. The average monthly return fees is $200 per month. Skyline continues to provide excellent services in the area of location convenience for citizens and staff, cleanliness of facility and professional staff services. We are very impressed with Skyline staff's efforts to have animals adopted. Recommend Council approval of the contract renewal. JPH/sa 5 ANIMAL CONTROL CONTRACT This contract, made and entered into this 22nd day of July, 1991 by and between the Skyline Veterinary Hospital, 6220 Highway 65 N.E., Fridley, Minnesota 55432, hereinafter referred to as "animal shelter" and the City of Fridley, a municipal corporation, 6431 University Avenue, Fridley, Minnesota 55432, hereinafter referred to as "city". ' I. TERM The term of this contract shall be from August l, 1991 through July 31, 1992. II. ANIMAL SHELTER SERVICES The city agrees to purchase and the animal shelter agrees to furnish the following services: l. Shelter for animal drop-offs �n a 24-hour basis. 2. Animal examinations and veterinary care as required during normal business hours. 3. Boarding up to five regular business days. After five regular business days the city shall have no right or interest in such animals. 4. Euthanasia and disposal if required due to serious injury, illness, or after five regular business days. 5. Receiving and disposing of dead animals delivered by the city. 6. Upon request, train city animal control officers in safe and humane handling and apprehension of animals. 7. Keep accurate records of all animals impounded, boarded, and destroyed, pursuant to this agreement and furnish monthly statements to the city. 8. Keep the animal shelter open during normal business hours of the Skyline Veterinary Hospital and not less than normal business hours of the city. 9. The animal shelter, during normal business hours, shall be open for inspection by the city or it's agents. 10. Collect license fees from owners who retrieve 5A 11. 12. animals not currently licensed and return fees to the city. Collect boarding fees at $9.00 per day, per animal from owners who retrieve animals and return fees to the city. Hold any impounded animal being reclaimed until proof of applicable current licensing and rabies vaccine is produced. 13. Serve as animal control officers for the city, as defined in Fridley City Code Chapter 101, and as applicable to the operation of the animal shelter. III. CITY RESPONSIBILITY After normal business hours, the city will transport any injured animals that are in a life threatening condition to the Affiliated Emergency Veterinary Services, at no cost to the animal shelter. After treatment and release, the city will transport the animal to the animal shelter. IV. COMPLIANCE WITH LAWS In providing all services pursuant to this contract, the animal shelter shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating �the provision of such services. V. AUDIT DISCLOSURE AND RETENTION OF RECORDS The animal shelter agrees to make available to duly authorized representatives of the city and either the legislative auditor or the state auditor for the purpose of audit examination , any books, documents, papers, and records of the animal shelter that are pertinent to the animal shelter's provision of service hereunder.' The animal shelter further agrees to maintain all such required records for three years after receipt of final payment and the closing of all other related matters. VI. ANIMAL SHELTER RESPONSIBILITIES AND INSURANCE The animal shelter shall be responsible for all damages, harm or illness suffered by the animals under its care and in its custody which may be due to the negligence of the animal shelter. Said animal shelter shall save the city harmless from any damages, costs, actions or causes or action, or claims made against the city for any harm, losses, damages, or expenses on account of bodily injury, sickness, disease, improper disposition, death and property damage resulting from the animal shelter's operation. The animal shelter shall procure and keep in full force comprehensive general liability insurance in the amount of not less than $100,000 and $350,000 to safeguard and � VII. indemnify the aforementioned. the City Clerk. COMPENSATION city for any of the occurrences Such insurance policy must be filed with 1. The city shall pay the animal shelter the sum of $1,125 per month for services stated in this contract. Said sum shall be paid on or about the last day of the month, or within thirty (30) days after submission of the monthly claims, by the animal shelter. 2. The animal shelter may charge and retain customary veterinary fees including rabies vaccine from owners of reclaimed animals. VIII. EARLY TERMINATION This contract may be terminated by either party, with or without cause upon thirty (30) days written notice, delivered by United States mail or in person, to the other party. For purposes of such notice, the address of the animal shelter is: Skyline Veterinary Hospital 6220 Highway 65 N.E. Fridley, MN 55432 and the address of the city is: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 IX. MODIFICATIONS Any material alterations, modifications or variations of the terms of this contract shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. X. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire agreements of the parties are contained herein and that the contract supercedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the animal shelter and the city relating to the subject matter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this contract is the only and complete agreement regarding the subject hereof. 5C ANIMAL SHELTER By: � Title: Date: � ' Title: Date: 5D CITY BY= _ Title: Date: Title: Date: CITY OF FRIDLEY PLANNING COMMISSION MEETING, JIINE 26� 1991 w�NIrNM Mw�Nti�YNNMtiMMw�wrM tiNMw�rti w�wrM MwwnM�NNNMwMM�Nw.Nw,MMNw�Mw��YMM w�Mw.MMNw�Mw�MNw� CALL TO ORDER• Chairperson Betzold called the June 26, 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Don Betzold, Sue Sherek, Connie Modig Brad Sielaff Dave Kondrick, Dean Saba, Larry Kuechle (for Diane Savagej, Others Present: Michele McPherson, Planning Assistant William Pickering, 2407 Mounds Avenue, New Brighton APPROVAL OF JUNE 19 1991 PLANNING COMMISSION MINUTES: Mr. Betzold stated he would like to clarify some of the statements he made in the June 19th minutes. Page 2, paragraph 6: "Mr. Betzold stated his position is that if this vacation is not approved, the City should improve the alley and pave it." Mr. Betzold stated that at the previous meeting, he did say that he did not know whether the City would incur that kind of cost. He did not want this statement to be implied by anybody that the City ought to be doing it, because later in the June 19th minutes, he stated it is the City's decision. His intent in this statement was to say, that if the alley is not vacated, the City is going to have to deal with it; whether they decide to improve the alley or pave it, it is a decision the City Council will have to make. Page 3, paragraph 3, 3rd sentence: "He stated he would not like to be placed in the position that by approving one vacation, the other one would have to be granted." What he was trying to articulate was the fact that if the City vacated the northern part of the alley and then the people from the southern half come in petitioning for a vacation, the City has to either grant the vacation, which means Mr. Meisner has no access, or the City has to tell them they cannot have the vacation in order to give Mr. Meisner access to his property. Page 5, paragraph 3, first sentence: "Mr. Betzold stated he is not opposed to the vacation, however, there are consequences if it is � PLANNING COMMISSION MEETING. JIINE 26, 1991 PAGE 2 not vacated." Whether the alley is vacated or not, there are going to be consequences. MOTION by Ms. Sherek, seconded by Ms. Modig, to approve the June 19, 1991, Planning Commission minutes as clarified. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. 1. CONSIDERATION OF A VACATION, SAV #91-03. BY WILLIAM PICKERING: To vacate the southerly 20 feet of the northerly 40 feet of a drainage and utility easement located in Lot 11, Block 2, Innsbruck North, generally located at 1467 North Innsbruck Drive N.E. Ms . McPherson stated the subj ect parcel is located in the Tnnsbruck neighborhood. The property is zoned R-1, Single Family Dwelling, as are all other surrounding properties. Ms. McPherson stated the proposed request is to vacate the south 20 feet of the 40 foot drainage and utility easement which runs parallel to the rear lot line of the subject parcel. The was originally dedicated on the plat. The reason for the request is that the in-ground pool encroaches into the easement by approximately 10 feet. At the time the proposed to be constructed, the contractor did propose pool be built outside the easement, but for some reason, was built in the easement. She stated that Mr. Pickerin as the agent for the homeowner, has proposed to vacate � 20 feet. easement vacation drainage pool was that the the pool �, acting :he south Ms. McPherson stated the drainage for the area flows north of the pool and then west. Staff requested that the Engineering Department to review this request. The Engineering Department has asked that as little of the easement as possible be vacated to ensure that there is adequate room to work if regrading of this drainage area needs to occur within the easement area. Ms. McPherson stated that vacating the portion where the pool is located would have minimal impact on the entire drainage area as the pool area sits much higher than the surrounding drainage area and would have little impact on the storage capability or the flow of water. Ms. McPherson stated staff recommends that the Planning Commission recommend to the City Council approval of the vacation to vacate the south 15 feet instead of the requested 20 feet of the drainage easement. The smaller portion is based on the Engineering Department's recommendation. • 1 PLANNING COMMISSION MEETING. JIINE 26, 1991 PAGE 3 Mr. Pickering stated the water all drains to the north, and the homes to the north are 6-7 feet below the pool. He had no problem with the vacation of 15 feet rather than 20 feet. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to recommend to City Council approval of vacation request, SAV #91-03, by William Pickering, to vacate the southerly 20 feet of the northerly 40 feet of a drainage and utility easement located in Lot 11, Block 2, Innsbruck North, generally located at 1467 Innsbruck Drive N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated that at their July 22 meeting, the City Council will set a public hearing and probably the first reading for August 12, 1991. 2. RECEIVE JUNE 6, 1991, HUMAN RESOURCES COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the June 6, 1991, Human Resources Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRP$RSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 1991-92 CDBG Human Service Funding Recommendations Ms. Sherek stated the Planning Commission must act on the Human Resources Commission's recommendations for CDBG funding for the July 22, 1991, City Council meeting. Ms. Sherek stated the only funding request with any kind of controversy is the request from North Suburban Consumer Advocates for the Handicapped (NSCAH). This year NSCAH is requesting $1,000 to create a disability awareness curriculum within the public schools at the 4th grade level. �'he Commission stipulated that the funding should be contingent upon a contract between NSCAH and School District #14, and this written contract should be included in the recommendations to City Council. If there is no contract with the School District, the $1,000 will be divided between ACCAP (Senior Outreach Worker) and SACA. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to concur with the Human Resources Commission to recommend the following CDBG Human Service funding for 1991-92: Alexandra House • ACCAP (Senior Outreach Worker) Arc of Anoka County Central Center for Family Resources Community Emergency Assistance Program Fridley 5chool District (G.E.D.) Fridley School District (Summer Adventure) . • . $4,000 5,100 2,000 3,400 2,000 2,500 1,347 PLANNING COMMISSION MEETING. JIINE 26, 1991 PAGE 4 Fridley Senior Center N.S.C.A.H. North Suburban Counseling Center Northwest Suburban Kinship Northwest Youth & Family Services Southern Anoka Community Assistance 4,500 1,000 3,400 500 1,500 7.588 $38,835 OPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. Disability Task Force Ms . Sherek stated that upon a recommendation by the Human Resources Commission and with the approval of the City Council, a Disability Task Force was created to study the accessibility of all City facilities to determine whether they meet the requirements for handicap access. Ms. Sherek stated the reason behind the reconimendation for a Disability Task Force arose when they had their first disabled guest speaker. This person could not enter through the Municipal Center front entrance with his wheelchair because the door requires too much pressure to open and because of the high threshold. Ms. Sherek stated the pressure on these doors must remain as it is because otherwise the atmospheric pressure will cause them to open and not close and seal properly. So, the Commission is recommending that automatic pushplate access be provided on the main entrance door on the upper level and the Police Department entrance door on the lower level. Ms. Sherek stated it is the Commission's feeling that if the City is asking people coming in for building permits to make their buildings handicap accessibility, then the City must take the lead in making its buildings handicap accessible. She stated that in addition to the automatic door openers, the Commission is also recommending some other items be implemented in the Municipal Center and are recommending improvements to School District #14 for the Community Education Center. The improvements necessary to meet Code requirements in the Municipal Center (other than automatic door openers) is around $600. MOTION by Ms . Sherek, seconded by Ms . Modig, to concur with the Human Resources Commission and recommend that the City Council implement the following recommendations: 1. An automatic door opener be installed at the main entrance on the upper level of the Municipal Center forthwith, and that consideration be given to possible CDBG funding or other funding sources for an automatic door opener at the entrance on the lower level. 6C PLANNING COMMI88ION MEETING, JIINE 26. 1991 PAGE 5 2. The improvements listed under "Necessary to Meet Code Requirements" should be implemented as soon as possible. The $600 required to make these improvements should be absorbed within the respective departments, provided that their budgets allow for this expense. Perhaps the required work could be performed by the City's personnel. 3. The HRC recommends that staff, with Council's approval, draft a letter to the School District #14, requesting that they make the following improvements to the Community Education Center to improve handicap accessibility: Construct new exterior ramp at slope of 1:20. Add one coat rack at required height. Add one table at required height in area used for dining. IIPON A VOICE oOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THB MOTION CARRIED IINANIMOIISLY. 3. RECEIVE JUNE 11. 1991, APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the June 11, 1991, Appeals Commission minutes. IIPON A VOICE VOTB, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANiMOUSLY. 4. RECEIVE JUNE 11, 1991, ENVIRONMENTAL OUALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Ms. Sherek, to receive the June il, 1991, Environmental Quality & Energy Commission minutes. IIFON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Betzold declared the motion carried and the June 26, 1991, Planning Commission meeting adjourned at 8:00 p.m. Res ectfully s bmitted, Ly e Saba Recording Secretary • � � _ � DATE: TO: FROM: SUBJECT: Community Development Department PI,��.NNING DIVISION City of Fridley July 18, 1991 William Burns, City Manager`�. �� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Establish Public Hearing for Vacation Request, SAV #91-03, by William Picke�ing for 1467 North Innsbruck Drive N.E. Attached is the above-referenced staff report. The Fridley City Charter requires that the City Council hold a public hearing for all ordinance changes. As a vacation requires publication of an ordinance, staff recommends that the City Council establish August 12, 1991 as the date for the public hearing for the vacation request, SAV #91-03. MM/dn M-91-522 � � STAFF REPORT APPEALS DATE C��QF PLANNING COMMISSION DATE : June 26, 1991 FRIDLEY CITY CAUNCIL DATE : July 22 , 1991 q�Hpp 1�1/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION S1TE DATA SIZE OENSITY PRESENT Z4NING ADJACENT LAND USES & ZONING UT�IE$ PARK OEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENOATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SAV . ��91-03 Bill Pickering To vacate the south 20 feet of a drainage and utility easement. Lot 11, Block 2, Innsbruck North; 1467 Innsbruck Drive N.E. 15,730 square feet R-1, Single Family Dwelling R-1, Single Family Dwelling to the north, south, east, and west Approval Approval . SAV i�91-03 Bill Picker S//2 SE�. 24, T. 30, R. 24 C/TY OF FR/OLEY �s� �.�._. -------- ------..... ,�. oF U.o� AT /O, 1�' ' �; R� ;C U ,` ;:ss� .9 ��.: � :A Ot �.,3 'P :Pi . :f+' 1 '__ ��:6 J_ -�- _— - �;� -�:c�+iii ` ° � �� _ < <. . 34 _�� . � ; __i__ ' �� s t� '�r=�— ":' �/=�'. 1 �_ .° �`_��_—�_ • .t K� � i3 �� zz�' LOCATION MAP Staff Report SAV #91-03, Bill Pickering Page 2 Request The vacation request is to vacate the south 20 feet of a 40 foot drainage and utility easement on Lot 11, Block 2, Innsbruck North, the same being 1467 Innsbruck Drive N.E. Site Located on the property is a single attached two car garage. In the back encroaches into the drainage easement by zoned R-1, Single Family Dwelling, as are Analysis family dwelling with an yard, an in-ground pool 10 feet. The property is the adjacent properties. The drainage and utility easement was dedicated on the Innsbruck North plat. The contractor originally proposed to locate the pool out of the 40 foot drainage easement (see attached survey); however, the pool was constructed encroaching into the easement by 10 feet. The encroachment was discovered when an asbuilt survey was completed at the time the house was sold. The subject parcel is located at an elevation higher than the surrounding properties, resulting in water draining off the subject parcel into lower areas, to collect in a wetland/pond area west of the parcel. The petitioner is requesting that 20 feet of the drainage and utility easement be vacated. In reviewing the request, the Engineering Department indicated that it would be better to vacate as little of the easement as possible (15 feet) to ensure adequate work room within the easement area, should the Engineering Department need to perform any work within the drainage area. Vacating the portion where the pool is located would have a minimal impact on the storage capacity of the drainage area, and as it is at a higher elevation, would have little impact on the flow of water within the drainage area. Recommendation Staff recommends that the Planning Commission recommend to the City Council approval of the vacation, to vacate the south 15 feet of the drainage easement. The smaller� portion is based on the Engineering Department's recommendation. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. �' Staff Report SAV #91-03, Bill Pickering Page 3 City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. �� . . � �� "� ` � M ' SAV #91-03 Bill Pickering e r � �r i oL /-�.�• 1r;• ( tct t i� ils Plat Orawing is not intonded to bo u�ed as a survay and should not be reNad upan as such. ThA lot < �ns ara taken trom the recor�ed ptat or Ihe aounty records and ere aasumed to be cor�ect. The locatior provements shown on thls drawing are apprdximate and ara baeed upon a visual inspection oi the prer Iicensed surveyo� should be conlacted It an �ccurate survey IB destred. TI�Is plaf drawing doaa not cv� lablflty of tho company and !s Intended ior use by the company only. �' G�, f,� f; 3U , , �. •: �, �.c . �'� 452.; : � ';:. .. . : �,, .�� . '� a'.. ,:., t. - : �. � .; . � � �� . , �.h. , '. � � � .� i�� .� /y�' �::�t�� '1 . ��,. . ,. �, �,� / ::�: �� f �/ ...� � � �c ; [�y� �, ' � t� 1 � :."a°''4. . . / � � � .• �. � ' ,u' �G � . �� . � �Y � �., ��, 8 � , �� . b h . `' �, // a u � ��'� � 3fr , ��' �`'s•,�b , �Z �� . � y ��r s�. °a/ � �',� S �� ,� (.fs . � �� , � � �� k �F� N �. / f. � v �� ~�' � � �^� �� ^ � �� ,�� " � - I q�q'`1 � \ � . . � .�t� �� t � : !/o � � � � ►� ''� : �a �,r . ��r '� -- Q,, , . , ,., . ,�t .��,'�,,:. . 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AJ Q' � 1 ` � Q Ir .f� 1� :/: ,� V' N r� 1 � �: µ 3 ir '�•►•' !� �' �� ' � J- . �.. z_ � o w :[ � � � t'1 � ,,; ' g � 3 � � ��,. . � r �� P :� i '� r. , s t Jod , � � �Lf � •-� � • � •- ' OI`, Y J ' � � —_' t` p o�li. � ��Q S•r iy �� j �' t � , / ` � � o�� i��' j,�al \ �� -- " �� 6L � b U �� 1, i a � . . SITE PLAN 6ERAL0 T. COYNE 300 BRUNSWICK �VE. S. GOLDEN VAILEY, MINN. M1NN. REG. NO. 4741 INDUSTRIAI — JUDICIAI COMMERCl/�l — TOPOGRAPHICAL an IOTS — PL/1TTING :I:�IP�EN �-i�i+�i� :� �.�_��,. .� �` _,��:� o , _. , ,.--- �,� �� t�� Bill PiCkRAYM�ND A. PRASCH LOT SURVEYS COMPANY 6417 �o,,�o ��. N. BROOKLYN PARK, MIN�I. LAND SUR�'EYORS MINN. RE6. NO, b743 REGI3TERED UNDER WWS OF STATE OF M[NtvCsSOTA LICENSED SY ORDINANCE OF CITY OF MINNEAPOLI3 INVOICE NO. L� C:'i=: 5747 W. Broedway . 533-9922 F. 6. NO. i4 �—! 7 Minneopolis, Minneaota 55428 �., � SCALE 1" � .l+ - �11r1tPl�itr� l�Pl'�tftCMtP O — DENOTES IRON �, , , __ . " `Y '# r . r.�.. k \ �--r :`� r� ��. i.`J:. i i � =.` i ::,. -, i '.'... :�v`.t;'~ ", ,: -�7Ti: We fiareby certify thet t�+is is e irue end correct repre,entetion of n survey of the bounderjes of the ebove dexribed land a�d the Ixation of eli buildings end visible encroachments, if eny, from or on said (e�d. Surveyed by us this ��dey of :] °� it• t"1?:) +-.; .`� 19 S1g11@t� n � 1 ` -1 �80 Poot permit drawing �.. r--, _ � r 1 i- = .` - � � �r r- � ti j/ / .� ;` ) ! I `�:• - ;�<; ,t .� � r % f� � �,--�'` (' ____._ : LO w�URV'EYS COMPANY i � ��. : �� 6431 �ITY AVENUE N.E. ,FRIDLEY, 1�1 55432 -�`(612) 571-3450 :_ . � � �. �;:.. Doarmuiity Developc�ent DeDart�mnt �" y. • -; VM�iTIaN APPZ�IQsiTIO�T I+�O�N1, � : �. PA�PER'tR II�O�NIlsiTiO�T - site plan required _for suixnittals; see attaci�d >"� � Address: 1467 Innsbruck Drive �dorth. FridleX,, MN ` ;; � Iegal descriptioaz: - Innsbruck North Lot�.;ll. Block 2° � Lot 11 B1oc,Jc 2 Zract,/Additiaai '-:. ` ` , Legal de^.�riptiari of ease�nent to be vacated: : Easem�nts `.for: drai nag &,.i l i_v purposes, over the Norther7y 40 feet, Westerly, Southerly°,&;Easter]y 10 feet �s shown on the recorded alat. . :, Current z�iryg: R-1 Square footacJe/ac�'�ea5e � i�ea.son %r vacation: 10 feet of swimning pool locaied in easement needs vacation.:° � �:; to obtain Title Insurance Pooi is-1Q feet hi her than holdin ond �'all ut'lities �� are ocated in street in front of home. Please vacate the southerly 20 ft of the northerly 40 ft of easemen (G�ontract Purchasexs: Fee Owners must sign thi.s form prior to P��9) �ME Mearl & Barbara A. Crosser ' AD�s 1467 Innsbruck Drive North _ Fridley. MN . �Y'r'� PHONE 537-2688' S�� -��.�,� � L� ` �- • �.6v.o.Pll� DATE ��.51 gl .:��• ��.•,►• .; : �ME Wiliiam A. Pickering AD�S 2407 Mounds Avenue Brighton; MN 55112 L1�,Y�Il� Pt�NE 574-2000 ext 230 c ►• - ��l��I I1��1l�� L . • s -- . „ �t s�,v # � 1.--0� ��t # �/'D .� i % . Application z�eceived by: Scheduled Planning C�oa�miission date: i.0� Ti�.P (-t � Sc��eduled City Oo�cil date: 6N .,......,..,...� not vacated." Whether the alley is va ted or not, there are going to be consequences. MOTION by Ms. Sherek, seconde y Ms. Modig, to approve the June 19, 1991, Planning Commiss' minutes as clarified. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. CONSIDERATION OF A VACATION, SAV #91-03, BY WILLIAM PICKERING• To vacate the southerly 20 feet of the northerly 40 feet of a drainage and utility easement located in Lot 11, Block 2, Innsbruck North, generally located at 1467 North Innsbruck Drive N.E. Ms . McPherson stated the subj ect parcel is located in the Innsbruck neighborhood. The property is zoned R-1, Single Family Dwelling, as are all other surrounding properties. Ms. McPherson stated the proposed request is to vacate the south 20 feet of the 40 foot drainage and utility easement which runs parallel to the rear lot line of the subject parcel. The was originally dedicated on the plat. The reason for the request is that the in-ground pool encroaches into the easement by approximately 10 feet. At the time the proposed to be constructed, the contractor did propose pool be built outside the easement, but for some reason, was built in the easement. She stated that Mr. Pickerin� as the agent for the homeowner, has proposed to vacate i 20 feet. easement vacation drainage pool was that the the pool �, acting :he south Ms. McPherson stated the drainage for the area flows north of the pool and then west. Staff requested that the Engineering Department to review this request. The Engineering Department has asked that as little of the easement as possible be vacated to ensure that there is adequate room to work if regrading of this drainage area needs to occur within the easement area. Ms. McPherson stated that vacating the portion where the pool is located would have minimal impact on the entire drainage area as the pool area sits much higher than the surrounding drainage area and would have little impact on the storage capability or the flow of water. Ms. McPherson stated staff recommends that the recommend to the City Council approval of th the south 15 feet instead of the requested 20 easement. The smaller portion is based Department's recommendation. • � Planning Commission e vacation to vacate feet of the drainage on the Engineering � PLANNING COMMISSION MEETING, JIINE 26, 1991 PAGE 3 Mr. Pickering stated the water all drains to the north, and the homes to the north are 6-7 feet below the pool. He had no problem with the vacation of 15 feet rather than 20 feet. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to recommend to City Council approval of vacation request, SAV #91-03, by William Pickering, to vacate the southerly 20 feet of the northerly 40 feet of a drainage and utility easement located in Lot 11, Block 2, Innsbruck North, generally located at 1467 Innsbruck Drive N.E. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BBTZOLD DECLARED THE MOTION CARRILD IINANIMOII3LY. Ms. McPherson stated that at their July 22 meeting, the City Council will set a public hearing and probably the first reading for August 12, 1991. 2. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to recei 6, 1991, Human Resources Commission minutes. i IIPON A VOICE VOTE� ALL V�TING AYE� CHAIRPERSON THE MOTION CARRIED IINANIMOIISLY. 1991-92 CDBG Human Service Fundinq Recommenda�sf.ons the June E�7��7 Ms. Sherek stated the Planning Commission must act on the Human Resources Commission's recommendations r CDBG funding for the July 22, 1991, City Council meeting. Ms. Sherek stated the only fundin request with any kind of controversy is the request from No h Suburban Consumer Advocates for the Handicapped (NSCAH). Thi year NSCAH is requesting $1,000 to create a disability awaren s curriculum within the public schools at the 4th grade level. The Commission stipulated that the funding should be contingen upon a contract between NSCAH and School District #14, and th's written contract should be included in the recommendations to ity Council. If there is no contract with the School District the $1,000 will be divided between ACCAP {Senior Outreach Worke and SACA. MOTION by Ms. Shere , seconded by Mr. Kondrick, to concur with the Human Resources C ission to recommend the following CDBG Human Service funding r 1991-92: Ale ndra House • A AP (Senior Outreach Worker) c of Anoka County Central Center for Family Resources Community Emergency Assistance Program Fridley School District (G.E.D.) Fridley School District (Summer Adventure) �• $4,000 5,100 2,000 3,400 2,000 2,500 1,347 I _ � DATE: TO: FROM: Community Development Department P G Drvisiorr City of Fridley July 16, 1991 (�a.F /William Burns, City Manager � ` � Barbara Dacy, Community Development Director Steven Barg, Planning Assistant BIIBJECT: Consideration of Human Resources Commission Recommendations for Allocation of 1991-92 CDBG Funds for Human Services / Resolution Authorizing the City to Enter into Contracts with Recipients On June 6, 1991, the Human Resources Commission (HRC) reviewed the CDBG proposals and developed its funding recommendations. Attached is a table showing each organization, the amount requested, last year's allocation (if applicable), and the HRC's funding recommendation for 1991-92. In addition, a copy of the HRC's minutes from that meeting is also attached. HRC Vice-Chairperson Sue Jackson, will be at the City Council meeting on July 22 1991, to answer any questions about the recommendations. � The Planning Commission received the HRC's minutes at its June 26, 1991, meeting without requesting any changes to the recommenda- tions. A copy of the minutes from the Planning Commission is also attached. The funding recommendation of $1,000 to the North Suburban Consumer Advocates for the Handicapped (NSCAH) was contingent upon execution of a contract between this organization and the Fridley School District setting forth the terms for provision of services. Subse- quently, I have received a copy of an agreement to this effect signed by both parties (a copy of this contract is attached). Attached is a proposed resolution authorizing the City to enter into contracts with recipients of the CDBG funds. Anoka County requires that separate contracts must be signed by the City and the organization for each individual grant awarded. Recommendation Staff recommends that the City Council adopt the HRC recommenda- tions as presented and adopt the attached resolution authorizing the City to enter into contracts with each recipient. SB:ls M-91-525 • � Human Resources Commission Recon�mendations for 1991-92 CDBG Funds for Huunan Services Aqencv Amount Requested Alexandra House $4,000 Anoka County Community $8,356 Action Program ARC of Anoka County $2,500 Central Center for $5,000 Family Resources Community Emergency $2,000 Assistance Program Fridley School $2,500 District (GED) Fridley School $1,347 District (Summer Adventure) Fridley Senior Center $4,500 North Suburban $1,860 Consumer Advocates 'for the Handicapped North Suburban $5,000 Counseling Center Northwest Suburban $1,000 Kinship Northwest Youth and $2,500 Family Services Southern Anoka $8,000 Community Action. TOTAL ------- $48,563 6R Last Year's HRC's Allocation Recommendation $3,500 $4,000 $5,091 $5,100 $1,000 $3,000 $1,500 N/A N/A $2,500 $0 $3,000 $ 700 N/A $6,500 $2,000 $3,400 $2,000 $2,500 $1,347 $4,500 $1,000 $3,400 $ 500 $1,500 $7,588 $38,835 if .. CITY OF FRIDLEY HIIMAN RESOIIRCES COMMISSION MEETING, JIINE 6, 1991 .........» ...................................................................................................................................................................,................... CALL TO ORDER: Chairperson Sherek called the June 6, 1991, Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Sue Sherek, Sue Jackson, LeRoy Oquist, Jack Velin, Marija Netz Meiubers Absent: None Others Present: Steve Barg, Planning Assistant �PPROVAL OF MAY 2 1991 HiJMl�N RESOURCES COMMISSION MINUTES AND MAY 16, 1991, SPECIAL HUMAN RESOURCES COMMISSION MiNUTES� MOTION by Mr. Oquist, seconded by Ms. Netz, to approve the May 2, 1991, and May 16, 1991, Human Resources Commission minutes as written. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON SHERER DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF AGENDA: MOTION by Ms. Vela.n, seconded by Ms. Netz, to approve the agenda as written. IIPON A VaICE VOTE, ALL ViDTING AYE, CHAIRPERSON SHERER DECLARED THE MOTION CARRiED IINANIMOIISLY. � l. OLD BU5INESS- a. Review CDBG Proposals/Determine Funding Recommendations Alexandra House - requestinct $4 000 The Commission members were in favor of full funding for Alexandra House. Anoka County C_A P- requesting $8 356 Ms. Jackson stated the Commission continues to tell Anoka County that they need to find additional sources of funding for the Senior Outreach Worker. She was inclined to recommend approximately the same funding as last year - $5,100. 6S i FIUMAN RESOIIRCES COMMISSION MEETING, JQNE 6, 2991 PAGE 3 Fridley Senior Center - recaruestinc( $4 , 500 Ms. Jackson stated the Senior Center has received CDBG funding for the Senior Companion Program in the past. Ms. Netz stated she would like to recommend full funding since the Senior Center is located in Fridley and services the Fridley seniors. North Suburban Consumer Advocates for the Handicapped - requestincx 51,860 Ms. Jackson stated she would recommend $1,000, and then NSCAH should ask the School District to pay NSCAH for their services, because the School District has to provide disability education. Ms. Sherek stated that if the Commission is going to recommend any funding to NSCAH, it should be stipulated that the funding is contingent upon Mr. Ellingworth being able to provide a contract between himself and the School District. A written contract should be included in the recommendations to City Council, or the Commission's recommendation for funding will be withdrawn. The Commissioners agreed. Northwest Suburban Kinshit� - recruesting S1 000 Ms. Jackson stated that one of the things that is not reflected in this organization's budget is in-kind donations. A lot of time and dollars are donated. Ms. Jackson stated that very few Fridley people are being served. Ms. Doody does not have any evaluation techniques of the effectiveness of the program or the needs of people being served. The Com2nission members agreed on $500. Northwest Youth & Family Services -�reguesting $2 500 Ms . Jackson stated this is a new program and it seems like a very good program. Ms. Netz stated that since only two Fridley people have been served, she is recommending $1,000. Ms. Jackson stated she is in favor of recommending the full amount, because they want to serve more people from Fridley. This program has only been going since 1989, and they want to do more outreach. She was very impressed by the professionalism shown by Julie Kadrie, Director of the Teen Health Center. 6T Mr. Pickering stated the water all drains to e north, and the homes to the north are 6-7 feet below the poo . He had no problem with the vacation of 15 feet rather than 20 eet. MOTION by Ms. Sherek, seconded by Mr. ondrick, to recoraYaend to City Council approval of vacation re est, SAV �91-03, by William Pickering, to vacate the southerly feet of the northerly 40 feet of a drainage and utility easem t located in Lot 11, Block 2, Innsbruck North, generally loc ed at 1467 Innsbruck Drive N.E. QPON A VOICE VOTE� ALL o0 NG AYE, CHAZRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANI IISLY. Ms. McPherson state that at their July 22 meeting, the City Council will set a ublic hearing and probably the first reading for August 12, 19 . 2. RECEIVE JUNE 6 1991 HUMAN RESOURCES COMMISSION MINUTES• MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the June 6, 1991, Human Resources Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED QNANIMOIIBLY. 1991-92 CDBG Human Service Fundinq Recommendations Ms. Sherek stated the Planning Commission must act on the Human Resources Commission's recommendations for CDBG funding for the July 22, 1991, City Council meeting. Ms. Sherek stated the only funding request with any kind of controversy is the request from North Suburban Conswner Advocates for the Handicapped (NSCAH). This year NSCAH is requesting $1,000 to create a disability awareness curriculum within the public schools at the 4th grade level. The Commission stipulated that the funding should be contingent upon a contract between NSCAH and School District #14, and this written contract should be included in the recommendations to City Council. If there is no contract with the School District, the $1,000 will be divided between ACCAP (Senior Outreach Worker) and S14CA. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to concur with the Human Resources Commission to recommend the following CDBG Human Service funding for 1991-92: Alexandra House � ACCAP (Senior Outreach Worker) Arc of Anoka County Central Center for Family Resources Community Emergency Assistance Program Fridley School District (G.E.D.) Fridley School District (Summer Adventure) �� $4,000 5,100 2,000 3,400 2,000 2,500 1,347 C1;.�RLES F."RUEBLING DiRECTOR OF CURRICULUM INSTRUCTiON/TECHNOLOG' 6000 WEST MOORE LAKE ORIVE, FRIOLEY. MINNESOTA 5543,2 June 17, 1991 612-571-6000 FAX 612-571-7633 Mr. Jessie Eliingworth, Executive Director North Suburban Consumer Advocates for the Handicapped 131 Monroe Street Anoka, Minnesota 55303 � RE: Letter of Agreement Between the Fridley Ir►dependent School District 14 and the North Suburban Consumer Advocates for the Handicapped Dear Mr. Ellingworth: Thank you for your interest and the interest of the North Suburban Consumer Advocates for the Handicapped in the Fridley Public Schools. Based on our conversation on June 14, 1991, we would find the following services provided by your organization to be helpful in our Inclusive Education Program which considers inclusive issues related to people with disabilities as well as people of color and issues of gender: 1. Consulting with our Inclusive Education Curriculum Development Task Force - The role of this task force is to define learner outcomes with respect to inclusive education, identify grade levels and subjects into which these outcomes should be integrated, identify strategies and resources for instruction, and development assessment procedures to determine pr-o�r�5s i�war3 �:2- ' �•-''•-•,...,.� ic i.�n� iwi ...: �..,.....r.:. . 2. Provide regresentation on the District's Planning, Evaluating, and Reporting (PER) Curriculum Advisory Committee for physically handicapped individuals - The PER Curriculum Advisory Committee is primarily a parent and community group that provides advice to the District on all curriculum issues including Inclusive Education. By Board policy, the membership is to be representative of people with disabilities and people of color. . -. . .� -_ :� V � . � RESOLUTION NO. -1991 RESOLUTION AUTHORIZING AGREEMENTS BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1991 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR HUMAN SERVICES ORGANIZATIONS WHEREAS, 1991 Federal Community Development Block Grant (CDBG) monies have been ma-de available to the City of Fridley; and WHEREAS, Anoka County Officials administering CDBG funds require that the City enter into a contract with each provider of services; and WHEREAS, at its meeting of June 6, 1991, the Fridley Human Resources Commission recommended 1991 CDBG funding to human service organizations as listed below; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY.COUNCIL OF THE CITY OF FRIDLEY authorizes the Mayor and the City Manager to execute agreements between the City of Fridley and the following organizations for the provision of human services in accordance with Federal CDBG regulations: Orqanization Amount _ Purpose Southern Anoka Cammunity Direct financial Assistance $ 7,588 assistance ACCAP 5,100 Senior Outreach Worker Fridley Senior Center Alexandra House Central Center for Family Resources North Suburban Counseling Center Fridley School District #14 Community Emergency Assistance Program (CEAP) Arc of Anoka County 4,500 4,000 3,400 3,400 2,500 2,000 2,000 �� Senior Companion & Chore Services Programs Hospital Advocacy Program Counseling services Counseling services GED Program 1(Adult Education) Direct financial assistance Recreation services program . , RESOLUTION NO. -1991 Page 2 Organization Amount Purpose Northwest Youth & Family Services $ 1,500 Youth health services Fridley School District #14 1,347 Summer Adventure Program North Suburban Consumer Advocates for the Handicapped (NSCAH) Northwest Suburban Kinship Program Disability awareness 1,000 education program Children's kinship 500 program PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK sx WILLIAM J. NEE - MAYOR CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 10, 1991 CALL TO ORDER: Chairperson Betzold called the July lo, 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Donald Betzold, Dave Kondrick, Brad Sielaff, Sue Sherek, Connie Modig Dean Saba, Diane Savage Others Present: Michele McPherson, Planning Assistant Lewis Farr, 157 River Edge Way N.E., Fridley, MN 55432 APPROVAL OF JUNE 26 1991 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Sherek, to approve the June 26, 199Z, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: GONSIDERATION OF A SPECIAL USE PERMIT, SP #91- 08, BY LEWIS AND VELMA FARR: Per Section 205.07.O1.C.(1) of the Fridley City Code, to allow a third accessory building, over 240 square feet, on Lot 10, Block 1, River Edge Addition, generally located at 157 River Edge Way N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the Public Hearing notice and to open the public hearing at 7:33 p.m. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the subject parcel is located at the end of the cul-de-sac on River Edge Way. Adjacent to the property is a City park to the west. The parcel is zoned R-1, Single Family Dwelling, as are the surrounding parcels. The petitioner is proposing to construct a two-car garage on the property which exceeds 240 square feet. The garage is proposed to be constructed in the northeast corner of the property. 7 PLANNING COMMISSION MEETING, JULY 10, 1991 PAGE 2 Ms. McPherson stated the petitioner has also applied for a variance to increase the maximum square footage of all accessory building from 1,400 square feet to 1,832 square feet. This will include the existing attached single car garage, the workshop area which was granted a special use permit in 1984, and the proposed two-car garage. The Appeals Commission did vote to recommend approval of the variance request to the City Council. Ms. McPherson stated the petitioner is proposing to construct the second garage to provide storage space for an antique car and other vehicles the petitioner is currently not using. While the third accessary building does not adversely impact either the lot coverage or sight lines for other property owners, it does not meet code requirements because it does exceed the 1,400 square foot maximum set for accessory buildings. The petitioner currently does have reasonable use of the property, and denial would not constitute a taking. Ms. McPherson stated that the Appeals Commission, in its recommendation to the City Council, stated that granting the variance would not adversely impact surrounding properties as the lot is large enough to accommodate all structures including the proposed accessory use. If the Planning Commission concurs with the Appeals Commission reasoning, then approval of the special use permit would be in order. Ms. McPherson stated that staff recommends denial of the special use permit for a third accessory building over 240 square feet as it does increase the maximum square faotage of all accessory structures and the petitioner does have reasonable use of the property. If the Planning Commission wishes to concur with the Appeals Commission and recommend approval of the special use permit, staff suggests one stipulation: 1. Variance request, VAR #91-18, shall be approved. Mr. Betzold asked if the City had received any calls or complaints. Ms. McPherson stated she had spoken with the property owner to the northwest. He stated he does not object to the third accessory building where it is located, but he is concerned that the building not be placed in the open area of Mr. Farr's lot because that is the view from his front yard. This neighbor is not present at the meeting this evening. Mr. Betzold asked if Mr. Farr were to expand his present garage to build a two car garage, is there sufficient room and where would the lot line be? 7A PLANNING COMMISSION MEETING, JULY 10, 1991 PAGE 3 Ms. McPherson stated there are several issues that prevent the petitioner from expanding his existing garage. One is that there is a walkway easement that has been dedicated to the City which allows the public access to the park property which is to the west of the property. The other issue that prevents expansion of the existing garage is the way the house is designed. The existing slope of the roof is at such a steep angle that, by the time the existing garage would be expanded to the south, the side of the garage door would 4-5 feet in height because of the addition to the existing roof line. He would have to complete a major redesign of the roof in order to expand to the south. Mr. Betzold asked if Mr. Farr had room on the other side of the lot. Ms. McPherson stated he does, but there is a conflict with another walkway easement. He has proposed to construct the accessory building out about 10 feet from the center line of the walkway or about 7.5 feet from the property line. Mr. Betzold asked if the petitioner was to build a two-car garage by expanding the one-car garage, would it be possible for the City to vacate the current easement but have another easement on a different portion of the property? Ms. McPherson stated it is possible for the City to explore that option. An easement may all be on his property but may also encompass some of the property to the north. Mr. Betzold stated he did not know the area, but this could be an option. If the petitioner was to build in the area where he proposes to build an accessory building, is there room only for a single car garage as opposed to a double car garage? Ms. McPherson stated the petitioner is proposing a two-car garage which is detached. Mr. Sielaff asked if the petitioner can locate the structure anywhere he chooses and if he needs a special use permit only because of the square footage. Ms. McPherson stated that once the special use permit is granted, he can potentially locate the garage anywhere on the property. The petitioner has chosen this location for the ease of building. There is a topography change in the rear area of the lot. He probably does not want to locate the structure further back due to the expense of a hard surface driveway. If the Commission wants to stipulate that the location be within a certain number of feet as shown on the plan, the Commission can do so. The petitioner usually builds within the location proposed. � PLANNING COMMISSION MEETING� JULY 10, 1991 PAGE 4 Mr. Betzold asked if the petitioner was to remove the existing one- car garage or convert it into living space, would he have as a matter of right to build this two car garage or would the petitioner still need permission to do so? Ms. McPherson stated the petitioner already has one accessory building. If the single car garage did not exist, he would still need to come for a second accessory building over 240 square feet. He would probably also need a variance, because he would probably still have more than 1,400 square feet. Ms. Modig asked how much the petitioner was over the allotted square footage. Ms. McPherson stated 432 square feet. Mr. Farr stated he bought the property in 1970. The attached garage is 16 X 24 feet and he needed a variance for that because of the walkway. The garage is shifted forward because of the easement. He would like to build there and would like to have a two-car garage but cannot because of the steep pitch of the roof. He has three vehicles and would like to have them in a garage. He has a fine piece of property and also is looking at the resale value. He probably will never realize the value of the garage in resale. He spoke with the neighbor to the north who was concerned about the area near the workshop. The property currently has three easements. Ms. Modig asked the petitioner if the structure would be used only for a garage. Mr. Farr stated, yes. Iie has three vehicles which are currentiy parked outside. He wants to keep the property neat. Mr. Betzold stated he has concerns about this request. If the petitioner is going to continue to add on, the way the property is developing he did not know if the value would increase. Iie thought the property with the additions was detracting to the property. Mr. Farr stated that without looking at the property he did not think this was a fair evaluation. Mr. Betzold stated he has seen the property and is aware of the area, but he still has concerns. The City has a Code and most of the residents of the City abide by it. He was not sure this is what he wanted to see. Mr. Sielaff asked if the landowner to the east had made any comments. � C PLANNING COMMISSION MEETING, JIILY 10, 1991 PAGE 5 Ms. McPherson stated, no, only the landowner to the north has contacted the City. Mr. Farr stated that this is a very large lot, almost twice the size of the other lots. He could build out in the back but he wouZd need a very long driveway, and he would still need a variance. Mr. Kondrick asked the petitioner that, if the Commission made a stipulation that the new garage be placed within two or three feet of the location shown on the drawing, would he have any objection? Mr. Farr stated, no. Ms. Sherek asked if it is possible to stipulate that there be no further petitions for additional accessory structures on this property. . Ms. McPherson stated she did not think the Commission can restrict a property owner's right from applying. The discussion in the minutes should express the concerns regarding additional special use permits or variances for this property. Ms. Sherek stated that each request taken individually seems to be a reasonable addition to the property. However, it can get to the point where there are accessory buildings everywhere. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED T8E MOTION CARRIED UNANIMOIISLY AND THL PQBLIC HEARING CLOSED AT 7:50 P.M. Ms . Modig stated across the street from her property is a gentleman with many antique cars. He has a double attached garage and a variance for another double garage'at the back of the property, which is a small lot. She was concerned about it. There were a lot of cars sitting around, but it now looks nice. She has no problem with approving the request. The lot is wooded, and she did not think it would be unsightly. Mr. Kondrick agreed. The lot is large, the house is poorly located, and the petitioner is right that he may not add to the value of the property by building a double garage. However, he is concerned about the neighbor's comments. If the garage is placed where it is, he would not object. Mr. Sielaff agreed, with a stipulation that the petitioner stay within two feet of the area as shown on the drawing for placement of the structure. [�_!J PLANNING COMMISSION MEETING, JULY 10, 1991 PAGE 6 Ms. Sherek stated any one of these accessory uses alone would improve the property. Her reason is not because of the resale value on the property but because of the multiple requests. She would like the minutes to reflect that any additional petitions for additional coverage be scrutinized before anything else is built. Mr. Betzold stated he opposed the request on the grounds that the Code has to have a purpose. At some point an individual can petition too many times and if the City allows them to do it, that penalizes everyone else in the City. There are many people who would love to build right up to the lot line or build more accessory buildings, but the Code says they cannot. He did not see why this particular situation is any different than some of those situations. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend to City Council approval of Special Use Permit, SP #91-08, by Lewis and Velma Farr, to allow a third accessory building, over 240 square feet, with the following stipulation: 1. 2. Variance Request, VAR #91-18, shall be approved. The structure be located within two feet of the location shown on the plan. UPON A VOICE VOTE, SHERER, MODIG, SIELAFF, AND RONDRICR VOTING AYE, BETZOLD VOTaNG NAY, CHAIRPERSON. BETZOLD DECLARED T$E MOTION CARRIED. Ms. McPherson stated the variance request and special use permit will be heard by the City Council on July 22, 1991. 2. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF JUNE 3, 1991: MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the June 3, 1991, Parks & Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated one item discussed at the meeting was beer sales at City parks after activities. There is a motion on page 6 to adopt a policy that at all softball tournaments where beer is sold that beer sales cease 30 minutes after the last inning or no later than 12:00 midnight. He stated that, apparently, there have been some problems, and he wanted the Commission to be aware of this new policy. Ms. Sherek asked if this policy would be effective immediately. 7E PLANNING COMMISSION MEETING JIILY 10 I991 PAGE 7 Mr. Kondrick stated, yes, it would.` 3. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF JUNE 25, 1991• MOTION by Mr. Kondrick, seconded by Ms. Sherek to receive the June 25, 1991, Appeals Commission minutes. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT MOTION by Mr. Kondrick, seconded by Ms. Sherek, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE JIILY 10, 1991, PLANNING COMMISSION MEETING ADJOIIRNED AT 8:00 P.M. Respectfully submitted, L��`x�K. 0 �c./ Lavonn Cooper . Recording Secretary 7F � � Community Development Department t� PLANNING DIVISION City of Fridley DATE: July 18, 1991 I�• � � TO: William Burns, City Manager A� ��l FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #91-08, by Lewis Farr at 157 River Edge Way N.E. Attached please find the above-referenced staff report. The petitioner is requesting a special use permit to allow a third accessory structure over 240 square feet. The Planning Commission voted 4-1 to recommend approval of the request to the City Council with the following stipulations: 1. Variance request, VAR #91-18, shall be approved. 2. The accessory structure shall be located within two feet of the location proposed by the petitioner. Staff recommends that the City Council deny the request, as it does not meet the code requirements, and the petitioner has reasonable use of the property. MM/dn M-91-521 � � �TAFF REPORT APPEALS DATE �.[�(�F PLANNING COMMISSION DATE : July �o, 1991 F�D�.� CITY COUNCIL DATE : July 22, ]991 AUTHOR �/dn REQUE�T PERMiT NUMSER APPLICf#NT PROPOSED REQUEST �oca-r�oN SITE flA�'A SiZE DENSITY PRESENT �ONiNG ADJACENT LAND USES & ZONING U1�f�lES PARK DEDICATION ANAL�fSi� FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIUTY WITH ADJACENT USES 8� ZONqVG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENOATtON SP ��91-OS Lewis Farr To allow a third accessory structure, over 240 sq. ft. 157 River Edge Way 23,942.89 square feet 10.4� lot coverage R-1, Single Family Dwelling R-1, Single Family Dwelling to the N, S, E, and W Denial Approval with stipulations _//2 SEC C/TY :-'� � , � � , ,, L.1.._ W � � � . 15, T. 3�, R.24 OF FR/OL EY CONDOM/NXlM NQ B 1 � �' I 8 �; 42� �-;�� .. . . _ !•�" ,,.�-;.s*`°- _ �'�� ,• - ---=..., : a:._� . .. � : ; � 1 pU � �_ \ ,� �, ; � l � � 1 '� . .� ,1 � l �/ , `\ 1 1 � � j\ •� �� ` , • /, � � %r i \1 I ��. ' \u - ! , ��r . I e \� / / `,qi � �� `\ i J i ` _ `_ � '�`� • ,� \ , � � p � � � ' � `$ \ 1 t ` SP ��91—OS Lewis Farr 71 �' , � �Ja r. .�L' _ y. I 1 �� a : _.1r.__ ' 'y _ "' �'J c -�.- ) '� �. s '? ...__ � v: .�.:__ � y;, .._ r d•-mv'.. -.. �n I� I.. .,A/ y r. .. i�a � , , ..,�s�' �.;Y� l�o.�.� ;,, 44, ._ .-�.o.e P. ef. j LOCATION MAP � I R1V E � SP l�91-08 Lewis Farr --,�� 7J ZONING MAP Staff Report SP #91-08, 157 River Edge Way Page 2 Request The petitioner is requesting a special use permit to allow a third accessory building over 240 square feet. The petitioner is proposing to construct a detached two-car garage. The request is for Lot 10, Block 1, River Edge Addition, the same being 157 River Edge Way. The petitioner has also requested a variance to increase the maximum square footage of all accessory structures from 1,400 sq. ft. to 1,832 sq. ft. The Appeals Commission voted to recommend approval of the request to the City Council. Site Located on the property is a single family dwelling unit with an attached single car garage and a 46 ft. x 20 ft. shed/workshop structure located in the rear yard. The property is zoned R-1, Single Family Dwelling, as are all adjacent properties. A City park is located to the west of the subject parcel. Backqround The petitioner received a special use permit for a second accessory building over 240 square feet in 1984 to construct a 20 ft. by 30 ft. structure which is currently used as a workshop. This workshop is located in the northwest corner of the property. Analysis The petitioner has need of additional garage space to store items such as his antique car and other vehicles which are not currently used. The petitioner is proposing to construct a detached two-car garage to the north of the dwelling unit. While the third accessory building would not adversely impact either the lot coverage or adjacent property owners' sight lines, the request clearly does not meet the Code requirement as it causes the maximum square footage of all accessory buildings to exceed 1,400 sq. ft. The petitioner has reasonable use of the property; therefore, denial of the special use permit would not constitute a taking. However, in its recommendation to the City Council, the Appeals Commission stated that granting the variance would not adversely impact surrounding properties as the lot is large enough to accommodate all structures including the proposed accessory use. 7K Staff Report SP #91-08, 157 River Edge Way Page 3 If the Planning Commission concurs with the Appeals Commission's reasoning, then approval of the special use permit is in order. Recommendation Staff recommends that the Planning Commission recommend to the City Council denial of the special use permit request for a third accessory building over 240 square feet as the accessory building increases the maximum square footage of all accessory structures over 1,400 sq. ft., and the petitioner has reasonable use of the property. However, if the Planning Commission chooses to recommend approval of the request, staff recommends the following stipulation: 1. Variance request, VAR #91-18, shall be approved. Planning Commission Action The Planning Commission voted 4-1 to recommend approval of the request to the City Council with the following stipulations as amended: 1. Variance request, VAR #91-18, shall be approved. 2. The accessory structure shall be located within two feet of the location proposed by the petitioner. Citv Council Recommendation Staff recommends that the City Council deny the request as it does not meet the code and the petitioner has reasonable use of the property. 7L ,. �-� � • . . • �. �� • ., . . , -- � . . ,;,-� � :• � . 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W;r�pEra 6, l+SS��C�AiES. INC. • v, 1 • ' � � ♦ �.� � f ' • ' • _ . _ >.a1' t . 7M SITE PLAN i . CITY OF FRIDLEY 6431 iAQIVERSITY AVII�IUE N.E. Famr�v� � 55432 : ooa�unity Develaptqent D�ar�ee�it (612) 571-345Q ` , SP�CIAL USE Pffi�IT APPI�IC'A'1'I�T FDI�I ,� .. , . . �. P1�DP�[ I�TI�i - site .plan required • for sut�mittals; .'see - attaciied 1�iress: / v� � jt� � vFiPS �"D�F � Lv A-y � " � K I+�'dl �'1Qtl.Ori: _ • � I�t / � slocac : `1 . � .Tract�Addition = ,�°� u�F�' �L�DcF' �4 D D �Tia N , ; .. �= cl�rrent zo�ir�g: � Square ; foo�taqe,/ac�+eage �' : w: � ;. Rea..son far special use permit: ��Tb I�AD � AOD�Ti «iA-L.�'A2AG� .�P� C�r` : .. _ �._ ... .. .;:�.. ,., Section of Gity Oode: . FEE O�FA�1t Il�O�TI@t • -. (Cbntract PumhaSers: Fee Owriers mu.st sign this farm PMar' 'to Proo�ir�g� � ` ADI�2ESS DAYTIl'4E Pii�TE SIC�'IURE . pP,TE PEPITI��IEit II�+ORN�ITIO�T ' : � ,L e w � S 4-' I,r FC l� IQ �'A ,�'� �ss % � � l�� I��,�S`�'D�t-� Gc��} `� : . /�'i� � � t �e �l. /%'J /i�'- 5 S �,! ,3 Z. rvavm,� p� ,S" 7/ —4�a � Z_ Sz�� - y- 9 � Fee: $200.00 $100.00 for residential seoond aooessory buildirigs �t sP # �1— Z�',� �� # !�c -y � 7 Ap�lication ieceived by: Scheduled Planning �oatnnission date: �,�� %� ,� q�% Scheduled City Oauncil date: �__�__..�........__.r......��.r.........,,_.r.r...�__.r.r.r...�...� _.r.r ............................r.r.r.r...... .._�...... � 7A . PLANNING C�IISSIO�� MEETING, OCT06ER 3, 1984 2. LOT SPLIT EQUEST, L.S, �84-09, BURLINGTO�� NORTHERN: Split off the ort er y 55 t, o Lot 9, Au itor s Sub ivis�on No. 78 to make a new buildin site at 6095 East River Road. PAGE 4 Mr. Robinson tated the proposal was to split off the northerly 155 ft, of Lot 9. He sta ed 30 ft, of tf�e most northerly portion is roadway easement so the lot size is actually 125 ft. in width. Mr. Robinson stat d the only staff recomnendation was that this lot split be registered at t e County. Tf�is sF�ould be done before October 15. How- ever the lot spli will not be approved by the City Council by that time. he recommended Mr, erlick contact the County to get a clarification as xo how this could be don . Mr. Robinson stated th park fee agreement has already been signed. Mr. Rob Taylor stated he as representing Burlington Northern. Ne agreed with Ms. Gabel that this ilding would be an improvement and would upgrade the area. MOTION BY MR. KONDRICK, SECO ED BY MR. OQUIST, TO RECOMMEND TO.THE CITY COUNCIL APPROVAL OF LOT SPLIT QUEST, L.S. i�84-09, BY BURLING?'ON �i10RTl�RN TO SPLIT OFF TNE NORTIIERLY 155 FT. OF LOT 9, AUDITOR'S SUBDIVISION NO. 78 �1D MAKE A NEW BUILDING SITE AT 095 EAST RIVER I�AD, WITH THE STIPULATION TNAT TNE LOT SPLIT BE RECORDED TH THE COUNTY PRIOR T1D TXE ISSUANCE OF THE BUILDING PERMIT. UPON A VOICE VOTE, ALL VOTING AYE, �XAIRWOMAN SCXNABBL DECLARED TNE MOTION CARRIED UNANIMOUSLY. MOTION BY MR. MINTQN, SECQNDED BY MR. ABA, T1� RECOMMEND THAT THE LOT SPLIT REQUEST BE XELD UNTIL TNE CITY COUNCIL AS THE PiIBLIC HEARING ON THE RE20NING REQUEST ON NOVEMBER 5, SO THAT BOTH THE T SPLIT REQUEST AND THE REZONItJG REQUEST CAN BE HANDLED AT THE SAME TIME. UPON A VOICE VOTE, ALL VCWTING AYE, CXAIRWOl�7�N SCXNABEL DECLARED TiIE MOTION CARRIED UNANIMOUSLY. � 3. PUSLIC HEARI��6: CONSIDERATION OF A SPECIAL U�E PERMIX, SP #84-18,)BY L�S er �ecti on�05�T. T, ,, of t e Fri ey C� ty Code, to a ow t�e construction of a second accessory building, a 20 ft, by 30 ft. structure to be used for a workshop on Lot 10, Block l, River Edge Addition, the same being 157 River Edge way r�.E. s 1�lOTION BY MR. KONDRICIC, SECONDED BY MR. OQUIST, TO OPEN TNE PUBLIC HEARING taN SP NB4-18 BY LEWIS FARR. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCNNABEL DECLARED TNE PUBLIC HEARING OPEN AT 8:15 P.M. � O 7B PLANNING•COt�1ISSI0N MEETING, OCTOBER 3, 1984 PAGE 5 Mr. Robinson stated the proposal was for a 20 ft, by 30 ft. second accessory building to be used as a workshop. This structure would be located in the rear �f the yard and would be attached to an existing shed-type building. The property is in the critical area and, as such, ail new buiidings have to be set back 40 ft, from the bluff line. This stipulation was enacted as part of an ordinance to preserve the view of the area. This building is set back a minimum of 60 feet. Mr. Robinson stated Staff has no problem with this special use permit request; therefore, there were no stipulations at this time. Mr. Kondrick stated one thing the Commission was always concerned about was noise. He asked Mr. Farr what type of equipment would be used in this building. Mr. Farr stated it would be basically woodworking equipment. Right now he does his woodworking in the basement of his house. He has iimited space in the basement and has only a 1� car garage. The woodworking is strictly a hobby. He stated he has lived in f�is home since 1958 and certainly did not want to do anything that would detract from the area. He h�ould not put in anything that was obnoxious to the neighborhood. Ms. Helen Mikuiak, i29 River Edge Way, stated she was opposed to the con- struction of this building. She stated that if Mr. Farr ge*.s this special use permit, then there would be half a dozen other people in the neighborhood who would be making requests for other buildings. She stated Mr. Farr will be using saws which will create noise. She stated a hobby usually t�rns into a full-time job at home, and the neighbors will be listening to the noise all day long. Mr. Farr stated he does woodh�orking in his garage right now, and he has never had a complaint about nois� from his neighbors. As far as noise, there are plenty of other noises around the neighborhood when people are doing things outside. He stated this building will be basically a closed s�op. The building will have 6 inch walls so it will be insulated very well. The building will be located to the northwest end of the lot so he did not see noise as ever being a problem. Ms. Schnabel stated that as far as a home occupation, the City does not per- mit a busiRess to be operated 9n the home, except by request to the City. If at any time, Mr. Farr would decide to turn this into a home occupation, he would have to make a request to the City. When people do request permits to build second accessory buildings, the Commission is always very careful to make sure there is not a business going into that building. The Commission ` tries very hard to preserve the neighborhood concept within the neighborhoods. Ms. Schnabel stated she wanted to point out that the Commission had received a letter f rom the two property owners adjoining �1r. Farr's property, Mr. & �irs. Cecil Gibson, ]90 - 62nd Way, and Ms. Margaret Latz, 161 River Edge Way. Both property owners stated they were in complete agreement with the construction of the building. 7P � PLANNIt�G COMh1I5SI0N MEETING, OCTOBER 3, 1984 PAGE 6 Mr. Olga Pragal, 152 River Edge Way, stated she was opposed to this building. When Mr. Far puts in this building, they will not be able to sell their home, because who is going to want to buy a house with a woodworking shop _ nearby? .. e Mr. Farr stated that if he could expand his garage, he would do so, but this way he was moving his shop farther away from the neighbors. He failed to see the problems expressed by the neighbors. MOTION BY MS. GABEL, SECONDED BY XR. NIEISEN� TO CTASE THE PUBLIC HEARING ON SP i184-18 BY LEWIS L. FAI2R. UPON A YOICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCXNABEL DECLARED THE PUBLIC f1EARING CIASED AT 8:36 P.M. Mr, Kondrick stated he appreciated the neighbors' concerns regarding noise, but he did not believe noise was going to be a problem. The building would be far enough away and the building would be too we11 insulated to create a noise problem. Mr. Saba stated that since there were concerns expressed by the neighbors, maybe one of the stipulations on the special use permit should be that Staff review the special use permit in two years to ensure the petitioner was concurring with the intent of the permit. 1HOTION BY MR. KONDRICK, SECONDED BY MR. OQUIST, TO RECOMMEND TD CITY COUNCIL APPROVAL OF SPECIAL USE PERINIT, SP 1{84-18, BY LE'WIS L. FARR, PER SECTION 205.07.1, 3, A, OF THE FRIDLEY CITY CODE, TO ALLOW THE CONSTRUCTZON OF A SECOND ACCESSORY BUILAING, A 20 FT. BY 30 FT. STRUCTtIRE TO BE USED FOR A WORKSHOP ON LOT 10, BLOCK 1, RIVER EDGE ADDITION, THE SAME BEING 157 RIVER EDGE WAY N.E., WITH THE STIPULATION THAT STAFF REVIEW TNIS SPECIAL USE PERMZT IN TWO YEARS. Ms. Schnabel stated she appreciated the concerns expressed by the neighbors; however, she felt this was going to be removed even farther from the neighbors than the existing use of the property so that the noise level should not be there. If there should be a problem, the City does have ordir.ances that can deal with the problem. It is a matter of making use of the City's faci- lities and going through the proper channels to make the compiaints. UPQN A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED TNE MOTION CARRIED (INANIMOUSLY. Ms. Schnabel stated this specia] use permit request would go to City Council on October 15. 7Q 7C r �► � J Community Development Department PLANNING DIVISION City of Fridley DATE: July 18, 1991 � , TO: William Burns, City Manager� q�` FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SIIBJECT: Variance Request, VAR #91-16, by Tamara and Charles Thomes, 5985 McKinley Street N.E. Attached please find the above referenced staff report. The petitioners are requesting a variance to reduce the side yard setback from 10 feet tb 6 feet. The Appeals Commission voted unanimously to recommend approval of the request to the City Council. Staff recommends that the City Council deny the request as the petitioner has reasonable use of the property. u�� M-91-519 E'� � � STAFF REPORT APPEALS DATE June 25, 1991 CITYOF PLANNING COMMISSION DATE FR�DLEY CITY COUNCiL DATE July 22, 1�91 Au�oq �"llls REQUEST PERMIT NUMBER APPUCANT PROPOSED REQUEST LOCATION SIT� DATA �iZE DENSITY - PRESENT ZONING AD.lACENT. LAND USES & ZONING UT�JTIES PARK flEDiCAT10N _ �'' ANAL�f�IS FiNANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH AOJACENT USES & ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENOATION PLANNING COMMISSION RECOMMEN�ATION VAR. #91-16 Tamara arid Charles �homes 7.b reduoe the side yard setback fran l0 feet to 6 feet 5985 Mr�inley Street N.E. 11,676.17 sq. ft.; 11.5$ lot oowerage R-1, Single Fa�nily Dwelling 1�1, Single Family Dwellim�, to the P1, S, E, & W Denial Appraval : ' �: r 3O, R z4 - .FRIULEY 15 � +�pOY `''�'�' _ . � 2 `�i lpl � � t ..... . , .. 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[m �» J�` 'zi"s; tis; .� " K:..i � h .,.n.. � . - ��-- �� I� � �i 4CE ', ; H/GH � I - e`.•, Ls) I� � � i II ii i' i� �CHOOL ; ,t ADD/T/ON � << �i �F , �r. _ % /!�, �-- �.� 25� 13 d ��:.� ��i '�I'G^� A �■ i�� ♦ VAR �� 9 1-16 Charles Thomes iH/S �S A fOMPILAiION Of RECORDS AS fHEY APIEAR /N THE ANOKA COUNiY OFFICES �FfEf11NG iHE ARfA SHOWN. iM15 DRAWING /S !O BE USFD ONf Y fOp REfERENCE VURPOSES ANO iHE COUN- 1Y IS NOI RESpONS/6lE fOR ANY IN- ACCURnC�ES HEREIN CONiA1NE0. 53924 " N. £. CCORNER �j' * p �5 N% ` ° „''. � . ^t..' • s � ; �•'�' ' � � A Ri . � 5 'p� , , /'' � ' � � ' r � ; +�r`� 3�. ; ''�' Y ' : ��'7�: �� `?f. I,"' � $e = � n w '�' '�..-��P ro:.._� .�v2 1R � « 16 CbR HILL ;� =�' � v t° .d � � i 4�f9JW �� I�ra) '/Y) �Y)'.{.• 7�'s"I 94 � 95.. ,.. �� J•n '. i :(� �� 0) `�� .'�� M.�o I e� D' nj.;r' ^^r: �� _ � . GPQI ::._ . •':.. .�...� �� .r.k ''U r , ��.�.- �,) ��Y ��j.. o"" A _ � no . i` �� ,� 31 32 +,� _. .<3 '�� _.a o ;�... ' 2 �, �, - . _ ,,,K� - Q Q' c.w a� , t� !s /M�l� Y a � � t F , , M 38 :� '' . = M 42 ,.. � � • ' .- f,;; • .> � �;,;y^. � i' ' , � <...,, ,,.: .. ,,u�- ; , �, . � 40 41 � fi . W . _ N • ' � t.a! i�,.,.,r " ►- • ,. . � , 1 �i�!�� 1 . ' .291M �:., � % �a � > 'r:.%i�a-� - � ' � I . �..�.:i j�� 1V. � J� s!' d O- I h�w �)p ' "_ J ' . }, - 46 � � 47--•- f :_..,... ,_.,. = �. N�"' - . - 45. . � �r� , � ,rf - . . � ` j,.: �'°r 48... � - y. -- - ------1--=-- _ -` �� ` N� I •' . . /M�h' (p� I �' � " I M> Rf :: • 50 ..� ��5i , , s2 : 'B ' .' gr ' ��• /^- ..a . ( ` irasin , • s . . � �l�..+.. N[.l1lG�S . e �c�r �e+�Fa` /�Rf/�C SEC. N �; =, / .,...._.. .,,, ,...,.,,,,,, 14 ROLAND �V. ANDERSOH ,�.. COUNit SURVEYOR ti,�u�� ANpRl1 G01MTV, rwrqac�• - LOCATtON MAP VAR ��91-16 Charles Thomes 8C ZONING MAP Staff Report � #91-16, 5985 MaKi.nZey Street N.E. Page 2 A. STATED �P: "Need space - my husband is in desperate rieed of an offioe." B. STAFF REVIEW: Request The petitioners are requestirig a varianoe to reduoe the side yard setbacJc frceti 10 feet to 6 feet to allcyw oonstruction of additior�al living spave abwe their garage. Zhe praperty is Iat 14, Block 1, Amber Oaks Addition, the same being 5985 MaKinley Stre�et N.E. Site Ir�cated an the pro�erty is a single family dwellirig imit with a tu�ck-uryd�s two car garage. The pr�opexty is zoned R-1, Sirigle Family Dw�l.ling as are the adjacent properties. Analysis Section 205.07.03.D.(2).(a) of the Fridley City Code requires a side yard setback of 10 feet betw�en arYy living are.a aryd side praperty lines. Public puY�os� se,YVed by this require�ent is to m�ainta�n a m?n��++��+ of 20 feet between living area.s in adjaoent structures and 15 feet betw�l garages ar�ci living areas in adjaoexit stnxctures to reduoe exposure to aonfZagratian of fire. It is also to allaw for aesthetically pleasing apen areas aro�and resideritial areas. Zhe petitioners are Proposing to enlarge an existing storage rocan located abc�ve the c�arage tA be u_sed as offioe spave. 'Ihe adjaoent garage is 5 feet fro�n the property line, creating a separation of 11 feet bet�eeri the twn structures. The petitionexs cauld enlarge the space by approximately 5 feet without requiring a varianoe. While the rocetiw�ould not be as large as pr�ed, it wvuld be adequate for a small office. Zlie petitioners have reasonable use of the property aryd c�auld pos.sibly corYVert other rowrs in the house for the �>ir,� offiae spaoe. R�endation As the petition�rs have reasonable use of the propPxty, staff reoc�nnenc3s that the Appeals Ca�ni.ssion r�ea�m�eryd to the City Council denial of the variance request. Appeals Cannnission Action The Appeals Cbarnr►ission voted umanimausly to re�amnend approval of the rec�iest to the City Council. City Cwncil Re�meridation Staff r�s that the City �il deny the request as the petitioner has reasonable use of the property. i � VAR 4� 91-16 Charles Thomes GERALD T. COYNE �OT SURVEYS CC�MPANY R 91M OAHO AVE.� 300 BRUNSWICK AVE. S. �OLDEN VALLEY, MINN. LAND SURVEYORS BROOKLYN PqRK, MU MINN. REG. NO. 4741 • MINN. REG. N0.674 AS6ISTEAED il1CDEB LAWS OF 8SA?E OF MIXNE80TA LICENSED �Y ORDINANOE OF CITY OF ](INNEAPOLffi ?7i�� t �;. 574� W. Broadway 533-9922 INVOICE N - INDUSTRIAL — JUDICIAL Minneapolis, Min�esota 55428 f.8. NO. �� IMERCIAL — TOPOGRAPHICAL C1TY LOTS — PLATTING �,urbeporg� QCertif icate $CALE 1" e � J� :�IB�:: �GNJLPUI.i7'ION �O,U:';IVY� oDenot�:; ?�a:: ti�REy1 t�JUI,� o- Denotes ��doac HL"�� Set , For Exca �•a � io:; 'Jr�1 �; � . Y .� i ,'`i 1 _ ` '. i � � � Y . , , �-. ;� c , ' �.;' -�o , ' , —` 1 = r. � •' '� "^ti.'-- �,- J � __�_-----�- _ ,: - \ . '� � ; i �;;, � � Proposed Addition Ai � v � : � � �\ ,� � z�.-� ^�# � h rr � :i , -- .___ ____;_� � � � �)C ,=.i.. ,�::.r= ,--,, v� 1 n ✓ /��• .i � 1 � a.�, � � / ��, _� . ,il/c. _ . ��' ► . I `� � 1U t�' -' t_; � � i � ,� 7 li r ;:; � . . ` `'�ti , �G�C.f!';�'t�� . \'• i - - � _ f � Q GO Lot, i4, :31.�ck 1, ;;..._... �J:;�� iiev.ised to s:;o�.� f'cunr?atior: ;eE�tember 3;>, 19;'_. RP.V1:3P.0 to sho•� proF�osed residence Septemt�er 3� l�+"j�� m SITE PLAN VAR �� 91-16 Charles thomes ; � ,.�- _�--_.: : : : . _: -;. � � . , _- - _ - i� . . . . � � . . . ,v , � ' � ; , . ` �t_ : � �. _ _ __, __ � � _T._..... _ . . . . . . -- . .. . _. . . �.J:._... . ._.. . .. . , _ .. _. . _ �.. � .. . . ; .. � , . , . : . � � � � � " . . � . � . •- - -`- - ---- --1--- - ._ . . ..._�..__. .. ... . _ .. . _'- :. ._ __..:.--•.. _. .� ._ ... - , . . . . . 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' _ ' ' _. . "'__ � __" ._.S'_'. _'_i ".t_...... _ . . .. _ .. . . . . ..__.__ .... _ . t �� _ � � . _. . .._ ... _... � . .. . _ .. _ . .... . � ._v.. __ . .i _.. ..."_ " ' .. . . . _. _. . _ _ " . "" '_ �_. _�_ ~�. __°'^�-..�. .._�_.- � \\ � - j \� .. � . --- . . , . . _ : . � . - � � � . ; . . _ . : . ' �.- �. (to McKinley Street) 8F FLOOR PLAN CITY OF FRIDI�Y 6431 LJNIVER.SITY AVEDItJE N.E. FRIDLEY, 1�IIJ 55432 (612) 571-3450 •� � iu � �� •� i�.a � u� . r,:.� __�___ .r ..............._.r..,�».....,..,.....»��........�.�._.�..�.�.��.�.�.�.�.�.�..�.� ,,,,,, VARI�NCE APP�TC�TI�O�T I�ORI�I ...,....�...�....�.r.,....�_..,...��.r.r.,. .......,.r.,. PROP�Y II�DRi�TI�i - site plan required for su}anittals; see attached �ss: f'T9.PS' 7%l ��r/�eu _.. .-�« . . � � � � � ``� � • • • ..• • • - • • � � • - v• � . - . « a.,. - - • • r •- • • • 1��' � /� � � �.� ♦� � I .a ;�c. i.�3E�c , • �? : _.. � = . . ... - �� r � , � r :� ' � t ' + � "' • i. �L_:._. � [� � � �� - (OOri�'1Ct F�ll;�: r• � . �,;•:►. + P�'iITI�R II�R1�iTIOl�T Pi�1ME . � �,. � r r• � Fee Owirxs maust sign this fonn prior to prooessing) � �/ � C � • �M�u► 4„�,�� • � i • • � Fee: $100.00 �� ~�� $ 60.00 � for residential properties �.t � # I - . � # �4��Y � , Application reoeived by: - Scheduled Appeals Cammission date�: � Scheduled City Council date: � � ��__��_�_��__�__��.r.........��_�__.....,�...,...�..,...�.........��_......��__�......_��_��_...�._�_� 8G - CITY OF FRIDLEY APPEALS COMMISSION MEETING, JONE 25, 1991 ��«��«��............��«��......�� CALL TO ORDER• Vice-Chairperson Kuechle called the June 25, 1991, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Larry Kuechle, Cathy Smith, Carol Beaulieu Members Absent: Diane Savage, Ken Vos Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Charles Thomes,:5985 McKinley Street N.E. Rolf and Joyce Dahle, 5995 McKinley Street N.E. Mike Thompson, 7570 Highway 65 N.E. Samir Awaijane, 7570 Highway 65 N.E. Ron Hegle, 7570 Highway 65 N.E. Lewis Farr, 157 River Edge Way APPROVAL OF JUNE 11. 1991. APPEALS COMMISSION MINUTES• MOTION by Ms. Smith, seconded by Ms. Beaulieu, to approve the June 11, 1991, Appeals Commission minutes as written. IIPON A VOICE VOTE, ALI, VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED T8E MOTION CARRISD IINANIMOIISLY. 1. CONSIDERATION OF VARIANCE RE4UEST VAR '�91�-16, BY��TAMARi��'AND,#� :-. 'CHARLES THOMES : ": . Per Section 205.07.03.D.(2).(aj of the Fridley City Code, to reduce the side yard setback from 10 feet to 6 feet, to allow the construction of an addition on Lot 14, Block l, Amber Oaks, the same being 5985 McKinley Street N.E. MOTION by Ms. Beaulieu, seconded by Ms. Smith, to open the public hearing. IIPON A VOICE oOTE, ALL VOTING AYE, VICE-CHAIRPERSON RQECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the property is located on McKinley Street at the end of the cul-de-sac. The property is zoned R-1, Single Family Dwelling, as are all adjacent properties. The petitioner �• APPEALS COMMISSION MEETING, JIINE 25, 1991 2 is proposing to expand an existing storage area located above the two-car, tuck-under garage of the single family home. The expansion is proposed to be used as office space. By expanding the storage area to the wall of the garage, the required living area setback is reduced from 10 feet to 6 feet. The adjacent garage to the west is 5 feet from the property line, so 11 feet would be maintained between the two structures. Ms. McPherson stated the space as it currently exists could be expanded approximately 5 feet without requiring a variance. While the room would not be as large as proposed, it would be adequate for a small office. The petitioners have reasonable use of the property and could possibly convert other rooms in the Yiouse for the required office space. Ms. McPherson stated that as the petitioners have reasonable use of the property, staff recommends that the Appeals Commission recommend to the City Council denial of this variance request. Mr. Thomes showed the Commission members a picture of the house. He stated this is a small scale building project. The expansion of the storage space into a small office will all be done internally. The exterior of the house will not change in any way and nothing wil.l be visible to the neighbors. He stated he will put a small window at the rear. Ms. Thomes stated that regarding staff's statement about the possibility of converting oth�r living space in the house to office space, there really are no other spaces. There are two small bedrooms on the second floor, a larger bedroom downstairs, with a large living room. The house is very open. The only way to add space would be external eonstruction or expanding this area over the garage. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICB-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:45 P.M. Ms. Beaulieu stated this proposal sounds like a clever idea to use empty space. She stated that since the exterior of the house will not be changed at all, it seems like a wise use of space. Ms. Smith stated this is an impeccably kept-up piece of property. There really is no other way to expand so she would vote in favor of the variance. Mr. Kuechle stated he would concur as long as there are no windows other than those in the rear. Visually, there will be no changes to the house. � APPEALS_COMMISSION MEETING JIINE 25, 1991 3 MOTiON by Ms. Smith, seconded by Ms. Beaulieu, to recommend to City Council approval of variance request, VAR #91-26, by Tamara and Charles Thomes, per Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the side yard setback from 10 feet to 6 feet, to allow the construction of an addition on Lot 14, Block 1, Amber Oaks, the same being 5985 McKinley Street N.E. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RUECHLE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on July 22, 1991. . 2. CONS DERAT O OF VART CE RE U S V 9- 7 B SAM R AWAIJANE. 7570 INC.: Per Section 205.17.05.D (3) of the Fridley City Code, to eliminate the requiremen for a 6-inch concrete curb in the automotive starage area; Per Section 205.17.05.D.(5 .(a) of the Fridley City Code, to reduce the hard surface se ack froiu the public right-of-way from 20 feet to 10 feet; To allow general improvement of the property, on that part of the East 46 acres of the We t 1/2 of the Northwest 1/4 of Seation 12, T-30, R-24, Anoka ounty, Minnesota, described as follows: Commencing at a poin on the West line of said East 46 acre tract distant 623.5 fee South of the Northwest corner of said East 46 acre tract; th ce South along the West line of said East 46 acre tract 161. feet; thence East parallel with the North line of said Eas 46 acre tract 538.98 feet, more or less, to the Westerly ight-of-way line of State Highway No. 65; thence Northerly long said Westerly right-of way line 161.63 feet, more or les , to the intersection of a line drawn from the point of begin ing and parallel with the North line of said East 46 acre t ct; thence West parallel with the said North line 538.73 fe t, more or less, to the point of beginning, the same being 570 Highway 65 N.E. Ms. Dacy stated the property is locate west and adjacent to Highway 65, north of Fridley Terrace Mobil Home Park and south of Lampert Lumber. The property is zoned -1, Light Industrial. Lampert Lumber is zoned M-1, Light Industria , as is all the vacant property to the rear. The mobile home park is zoned R-4, Mobile Home Park. Ms. Dacy stated the request is for two varia ces: (1j To reduce the parking setback from 20 feet to 10 feet; d(2) the concrete curb requirement around the hard surface park g area be waived. The petitioners want that requirement waived ai ng the south edge and westerly edge of the parking area. � r � � � Community Development Department PLANNING DIVISION City of Fridley DATE: July 18, 1991 � TO: ' ' William Burns, City Manager � �F FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #91-17, by Samir Awaijane, ?570 Highway 65 N.E. Attached please find the above referenced staff report. The petitioner is requesting a variance to reduce the hard surface setback from 20 feet to 10 feet and to Waive the 6 inch curb requirement for a portion af the automobile storage area. The Appeals Commission voted to recommend to City Council denial of the variance request to waive the 6 inch curb requirement and to recommend approval of the variance to reduce the hard surface setback from 20 feet to 10 feet. Staff recommends that the City Council deny the variance request as the property can accornmodate both requirements. MM:ls M-91-518 � � STAFF REPORT APPEALS DATE June 25, 1991 CITY OF PLANNING COMMISSION DATE FRIDLEY CITY COUNCIL DATE Ju1y 22, 1991 A�T� �/ls REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST �oc,�TioN �1�'E DAi'� S1ZE DENSITY PRESENi' ZONING ADJACENT LA(VD USES & ZONING UT�JTIE� PARK DEDICATION ANALYSI� FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONWG ENVfRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSlON RECOMMENDATION VAR #91-17 Samir Awaijane 3b reduce the hard surfaoe setbaGk fran 20 feet to 10 feet and waive the 6 inc.h curb requirement for a portian of the Par'kin9 area 7570 Highway 65 N.E. 46,400 sq. ft. M-1, Light Industrial M-1, Light Industrial to the N& W; 1�-4, Mobile Hare Park tA the S; C-3, General Shopping, to the E Denial See Staff �port .,.., ; _. 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N.E. • a��?A sc, . �sJ. � j � ' � � I [ � ; ��"(t!s ; � V Y Ii1+ � � I � •�s � '� ♦ t 'S 1�� E�'. 7 � k �r � �w� b- '1 eCI� N� . .r_ I _�_ . , � _, ,, s 3 �m ��,,�o; , o� j y, . 7 � .. 2�. 27 • d' N '� � � : - � — - ..� —` � • �.�-CI --ft-E—�------- --;' -cEM�� — � stc �r� t _ �� I 23 � 24 I 3 8M LOCATION MAP � . � VAR �� 9 1-17 (`� Samir Awaijane �. ` . 1 � I � 1 ,4MVJL ' ' 1 i 1` f '� � / � �: � _�. r - ; f ,;� i � � 76TN. 4VE. � :.� a: i � is � --7 , w . . � t • l . ��J . � "�'.� < ' .1 1 �' �. = .•{t. r •• 4 aw � ' c : �, � � �� _. �4 - �4 � �'�� ./ "� �� .J B ' i ..,. ('Q i:.. Z 7S TN AVE. N E. , _..� �r- �: i .,�., tp�, _� W � � Z! ' F � � � ' 2/ 3 � � �c �� f 1• �S � � : S i • ;�;� '�."�, � �' � II ' !. � �" '�' � Sl f � �,.+.+t Y -T� � pZ � .•P. —� - W � .'� ' _ _ I— .� t . . W/ :� r _ • ' :1 �� 7 _• ' f r !1.m . � " ' � • �'�'i ✓ a � � ' � �L.w'.-'� .` .1 s� i p� � f L-�t'_ � j//��/�i��/i�/// il h�%� ��' ``_' � T = _ '_� -�► —�rT "i � �.� �'' , �Y � �.. l^�•`i l" !"� � a �v "�'��-- �. E " �;.�� E�n, �,. �' �—� 4. � . � ' " ' � .'ic� �, ,� `' � �'r . , ti,.,� ~' � t>; � �• C ,`.,'`; - � •i� `� - � � � , � � � � �� J ��1 ` `f�: F•� ci � , �''s t`'"' r: � ! 8N --� cu � � li�: � 0 Z 3 % •� � _ � %. / ■ / � /` ' / �� /�{ �•• j ' ' . _, . � , � .� � , � % ,/ J / /' j �/ '�i� / �/1, � r-ti=.�� s '-� 7�T•�T' � 7 �Q��T�� 'If��4� � . . . . �' . �0�.� R4o.. . .� . .,. � � � / ZONING MAP Staff Report VAR #91-17, 7570 Highway 65 N.E. Page 2 A. STATED HARDSHIP: "New 8 foot privacy fence to be installed at location the City is requiring to be curbed. Also want island to be 10 feet instead of 20 feet; this will better our parking situation." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting a variance to reduce the hard surface setback from 20 feet to 10 feet from the public right- of-way and to waive the 6 inch concrete curb requirement for a portion of the parking area where damaged automobiles will be stored. The request is for 7570 Highway 65 N.E. Site Two industrial buildings are located on the site. The first is used as a multi-tenant building for office and warehouse use, the second is used for an auto body repair shop where the petitioner will be located. The property is zoned M-1, Light Industrial, as are properties to the north and west; R-4, Mobile Home Park zoning, is to the south; and C-3, General Shopping Center zoning, is to the east. Background On February 25, 1990, the City Council approved a special use permit for Keith's Auto Body to operate the auto body repair shop in the rear building. The special use permit was exclusive to Keith's Auto Body. On June 3, 1991, the City Council considered a request to approve the special use permit for a new tenant, Samir Awaijane. The City Council approved the special use permit subject to several of the same stipulations that were originally approved in 1990. The buildings have been connected to City sewer, and the back taxes owed on the property have been paid. At issue at the Council meeting was whether or not the automobile storage area should be hard surfaced. The Engineering Department is currently analyzing the drainage flow in this particular area, and we are working with the petitioner on an approved drainage plan. The City Council's preference was that the automobile storage area be hard surfaced and not gravel. . . • Staff Report VAR #91-17, 7570 Page 3 Analysis Highway 65 N.E. Section 205.17.05.D.(5).(a) of the Fridley City Code requires that all parking and hard surface areas shall be no closer than 20 f�et from the street right-of-way. Public purpose served by this requirement is to limit visual encroachment into neighboring sight lines and to allow for aesthetically pleasing open areas adjacent to public right- of-ways. The petitioner is requesting that the landscaped island along the front property line be reduced from 20 feet to 10 feet to provide two additional parking spaces. Currently, this landscaped island does not exist, and the petitioner is required to install it as part of a special use permit approved for the property in 1990. In a.nalyzing the required number of parkinq stalls, staff determined that the property would need 12 stalls based on the speculative parking ratio of 1 space for every 700 square feet of building area. The proposed site plan shows that 21 spaces would be provided with the island constructed at 20 feet. By reducing the island to 10 feet, only 2 additional spaces would be gained. As the site provides stalls in excess of the Code requirement, there is no benefit to reducing the landscaped island in order to gain additional parking spaces. It would be an adverse impact as it would reduce the amount of available green area, of which there is none at this time. Section 205.17.05.D.(3) of the Fridley City Code requires that the entire perimeter of all parking areas in excess of four stalls, access driveways, truck loading spaces, or other hard surface areas that handle motor vehicle traffic shall be curbed with a poured six inch high concrete curb and gutter. Public purpose served by this requirement is to contain drainage and define parking areas. As part of the special use permit approval in 1990 for the auto body repair shop, the City required that a storage area for damaged automobiles be constructed. This area will be located at the southwest corner of the property south of the second building. The petitioner has requested that the 6 inch curb requirement be waived within the storage area as there will be an 8 foot privacy fence constructed. . . Staff Report VAR #91-17, 7570 Highway 65 N.E. Page 4 As the petitioner will need to maintain a 5 foot hard surface setback from the property line, there is adequate space to install both the curbing and the proposed privacy fence. In addition, the curb can be used to control storm water runoff from the property. Recommendation Staff recommends that the Appeals Commission recommend to the City Council denial of both variance requests to reduce the hard surface setback from the public right-of-way from 20 feet to 10 feet and to waive the curb requirement for a portion of the parking area as the property can accommodate both requirements. Appeals Commission Action The Appeals Commission voted to recommend denial of the variance request to waive the 6 inch curb requirement and to recommend approval of the variance request to reduce the hard surface setback from 20 feet to 10 feet. City Council Recommendation Staff recommend that the City Council deny both variance requests as the property can accommodate both requirements. . � c � c s t a .� � a s c � � _ � a � d L � �. .fl L /�� V VAR �91-17 Samir Awai .. . .� � � J � 3 � � 0 � h � � � z� � � � : � �� R �_� SITE PLAN CITY OF FRIDLEY 6431 UNIVII?SITY AVENUE N.E. FRIDLEY� MN 55432 (612) 571-3450 •� n in i �- r� n.� � a:� : ■i .- ��_��__��_�_��..,..,�...�.��_.�..�.�_��»�...�..�.�.,..�..�...�......��w�.�.�.�..��»�_�� ►ARIA�E APPLIC�TIO�T F�RM PIiUPEitTY II+�+OR1�1TIO�.v - site plan required for su}�aittals: see attached NyYy�HH a.,..- . �L�� Il�'dl. dGSCY7.�lOri: �� G�irrent zoning: Bloak TractJAddition Squ,ar�e footage/acreage � � � Rea.son for variarice and han�siiip: _ �EG�% S � �t�/t�it-Gb �'�tJCL� '78 �' %,uSj7' �'T" Ga c�4�aN �E G iT� . / S %�GG/�!� �/�. L' U . �3 +D 1.�.4 �,7►� /.S�r,rQ�m �-�a `.-/.tl.�T� �i�' � c� � 77�iS Section of City Code: u�lGC. .�E�irGNN Dv�'L � � 4 $i77/4.4?!0�l ' �....,. �� trai-� �..�� _._�.�, FEE o�W1�R II1��OR�ITI�N (Contract �rh�sexs: Fee Own�s must sign this fonn prior to prooes,sinq) GGi I� NAME L C� I fJ , � M t t2 1 o rs,�) f1!E l�tlA'� � uE��) �ss `�? S'? t� N � t� �tu.��.. ''�t� N • c . '��r�c..� . �t �s • ss4 3�, ��'T,`'� � '� S t - Zo �,Z . r ►' ✓_'. � �� • + �I�'1� •; ia+• � i • •� r� .� � � ADD�S �Z S i O • 1-� I ifil i-i'c.c.1�4-�, ��oS 1� t�. �YL � Y.? c., t.'t, ,. �t/i �.! 'S 5�� I . • � � - . � .� r r• � �',� � ,� �. ��__�_��____��___��.r...��__��__��.._�_�_��_��_�_�_��__��____�� Fee: $100.00 ��✓ $ 60. 00 for residential prop�xties �t � # - ��- �� # -�� .� y� Application received by: sSrhedulea Appeals ccmm�,ission Scheduled City Council date: i � � APPEALS COMMISSION MEETING, JLTNE 25. 1991 3 MOTION by Ms. Smith, seconded by s Council approval of variance re Charles Thomes, per Section 205.07 Code, to reduce the side yard set allow the construction of an addi Oaks, the same being 5985 McKinley UPON A VOICE VOTE, ALL VOTING DECLARED THE MOTION CARRIED UNANI . Beaulieu, to recommend to City est, VAR #91-16, by Tamara and 03 . D. (2 ).(a� of the Fridley City ack from 10 feet to 6 feet, to ion on Lot 14, Block 1, Amber treet N.E. , VICE-CRAIRPERSON RIIECHLE �Y . Ms. McPherson stated this item will go \to City Council on July 22, 1991. 2. ;� ��nu �c� _� � s_� .. � Per Section 205.17.05.D.(3) of the Fridley City Code, to eliminate the requirement for a 6-inch concrete curb in the automotive storage area; Per Section 205.17.05.D.(5).(a) of the Fridley City Code, to reduce the hard surface setback from the public right-of-way from 20 feet to 10 feet; To allow general improvement of the property, on that part of the East 46 acres of the West 1/2 of the Northwest 1/4 of Section 12, T-30, R-24, Anoka County, Minnesota, described as follows: Commencing at a point on the West line of said East 46 acre tract distant 623.5 feet South of the Northwest corner of said East 46 acre tract; thence South along the West line of said East 46 acre tract 161.3 feet; thence East parallel with the North line of said East 46 acre tract 538.98 feet, more or less, to the Westerly right-of-way line of State Highway No. 65; thence Northerly along said Westerly right-of way line 161.63 feet, more or less, to the intersection of a line drawn from the point oE beginning and parallel with the North line of said East 46 acre tract; thence West parallel with the said North line 538.73 feet, more or less, to the point of beginning, the same being 7570 Highway 65 N.E. Ms. Dacy stated the property is located west and adjacent to Highway 65, north of Fridley Terrace Mobile Home Park and south of Lampert Lumber. The property is zoned M-1, Light Industrial. Lampert Lumber is zoned M-1, Light Industrial, as is all the vacant property to the rear. The mobile home park is zoned R-4, Mobile Home Park. Ms. Dacy stated the request is for two variances: (1) To reduce the parking setback from 20 feet to 10 feet; and (2) the concrete curb requirement around the hard surface parking area be waived. The petitioners want that requirement waived along the south edge and westerly edge of the parking area. E•� � APPEALS COMMISSION MEETING, JIINE 25, 1991 4 Ms. Dacy stated that in 1990, the City Council issued a special use permit to Keith's Auto Body for the rear building, subject to several stipulations. Keith's Auto Body is now locating elsewhere. The getitioner, Samir Awaijane, is now part of the ownership of this property, and he received approval from the City Council on June 3, 1991, to operate his auto body shop in the former location of Keith's Auto Body. As part of that discussion, staff reviewed with the City Council and the petitioner the required stipulations that were part of the original special use permit approval. Those stipulations included improvement of the parking lot; hard surfacing, paving, restriping, concrete curb around the perimeters of the parking area, and creation of the landscape strip area. Ms. Dacy stated that, as part of the body shop, the petitioner is proposing to create a storage area for damaged vehicles. They want to create a gravel area at the southwest corner of the site. At the June 3, 1991, Council meeting, there was a lot of discussion as to whether this should be gravel or bituminous. Staff had recommended that the storage area be gravel.and be lowered about 6 inches to act as a detention area, with a break in the curb for the water to flow to the west. However, it was the Council's preference to have a paved surface which would prevent surface contamination from leaky fuels from damaged automobiles. The Council asked staff to work with the petitioner on an acceptable drainage plan for the property. Ms. Dacy stated that included in the Commission's agenda packet was a memo dated June 19, 1991, from Mark Winson, Assistant Public Works Director. Mr. Winsan states that the Engineering Department is recommending that the west portion of the property be graded toward the southwest corner of the iront (easterly) building. At this point, either a swale or shallow drain pipe needs to be installed to transport the drainage to the east to the ditch system along Highway 65. Ms. Dacy stated that as an alternative to the typical B618 concrete curb required along parking areas, the Engineering Department is suggesting a concrete strip which is pinned to the asphalt pad on an asphalt curb. The Commission might want to discuss this alternative with the petitioner. The intent of the concrete curbing requirement is: (1) to help direct the drainage flow; (2) to provide an edge to a parking lot for a cleaner look; and (3) to provide a guide for snowplowing. Ms. Dacy stated the petitioners are proposing to construct an 8 foot high wood privacy fence to contain the automobile storage area. Ms. Dacy stated that regarding the hard feet to 10 feet, the petitioner would like feet for additional parking spaces. �• J surface setback from 20 to retain that 10 extra APPEALS COMMISSION MEETING, JIINE 25, 1991 5 Ms. Dacy stated staff did a parking analysis of the property based on the existing uses. And, based on the uses in the building, they do not generate a lot of traffic consistent with a retail-type of operation, so they used the 1 car per every 700 sq. ft. ratio. Staff determined the amount of parking spaces provided in the site plan is adequate. Staff is recommending denial of this variance request, because the area can meet the 20 foot setback. Ms. Dacy stated staff is also recommending denial of the concrete curbing requirement; however, the Engineering Department is recommending an alternative that might be acceptable to the Commission and the petitioner. OTION by Ms. Smith, seconded by Ms. Beaulieu, to open the public hearing. UPON A VOICE VOTE� ALL VOTING AYB, VICB-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIBD AND THE PIIBLIC HEARING OPEN AT 8l00 P. M. Mr. Mike Thompson, one of the owners of the property at 7570 Highway 65 N.E., stated that for 26 years, the water has drained to the west, and now the City wants to change it to flow to the east. Why? If the water drains to the south, it will go into the mobile home park. If the water drains to the east and put a pipe or swale in there, they will have to remove a lot of old trees and vegetation. Mr. Thompson stated that if Class 5 is used to south of westerly building, any leakage will go through the Class 5 material. If there is leakage on asphalt, it will go through the asphalt, or will be carried out into the ditch. He would must rather see a nonpermeable membrane put down below Class 5, sand over the membrane, and Class 5 if that is logical. Ms. Dacy stated this discussion is not under the purview of the Appeals Commission, and the petitioner will have to work with the City on these issues. The Council's concern was the contamination issue on the gravel surface. Part of the reasoning for directing the water flow to the highway ditch is that the grass would help filter out some of the contaminants. The Engineering Department is responding to the Council's concerns. Mr. Kuechle stated he did not see why the concrete curbing requirement is objectionable and why the 20 foot setback is objectionable. The petitioners are going to have to do extensive blacktopping anyway, and he did not think there is much difference in having to blacktop a little extra area, or if they put the curbing versus the concrete strips pinned to the asphalt pad, the cost is not going to be that much different. � APPEALS COMMISSION MEETING. JUNE 25, 1991 6 Mr. Thompson stated blacktop is going to be chewed up by the car slips that are going to be moved back and forth. And, they will have to blacktop over and over again. why not just put Class 5 down and then they will not have to do anything? That curbing in the back portion can be very expensive. It is about 180 feet at $15/foot. It will cost about 80 cents/sq. ft. for asphalt. If they can get by with the concrete strips pinned to the asphait pad, that will help immensely. Mr. Thompson stated they have had the property almost 5 1/2 years, and they are just starting to make a little headway. He would not like to see them have a setback financially. Ms. Smith asked if the paving and landscape plan acceptable. Mr. Thompson stated he would be agreeable to the landscape plan for the front area, but he did object to the concrete curb and gutter in the back. Mr. Thompson stated that Section 205.17.05.D.(3) of the Fridley Code requires that the entire perimeter of all parking areas in excess of four stalls, access driveways, truck loading spaces, or other hard surface areas that handle motor vehicle traffic shall be curbed with a poured six-inch high concrete curb and gutter. He stated this area is not a parking area, it not an access driveway, it is not a truck loading space, there is no motor vehicle traffic; it is just a space to store damaged vehicles. Ms. Smith stated that regarding the setback from 20 feet to 10 feet, does the petitioner feel he needs that extra space for parking? Mr. Thompson stated that after they get the building looking presentable, he would like to think they would have enough people to fill up the parking area. Mr. Kuechle stated that the Commission cannot address any of the surface options. The Commission can only address the two variances requested by the petitioner. MOTION by Ms. Smith, seconded by Mr. Beaulieu, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:15 P.M. Ms. Beaulieu stated that regarding the waiving of the curbing requirement, since the Engineering Department has said that the concrete strip pinned to an asphalt pad on an asphalt curb would be acceptable, she did not see any objection to approving that variance request. : �� APPEALS COMMISSION MEETING. JIINE 25, 1991 7 Ms. Smith stated she agreed. Regarding the hard surface setback, she would be inclined to recommend approval of the reduction in the setback from 20 feet to 10 feet, because any green space will be an improvement over what is there now. From the drawing, the appearance of the property will be greatly improved. Mr. Kuechle stated he would be in favor of approving the hard surface setback; however, he would not be in favor of approving the waiving of the 6-inch concrete curb. He believed the concrete curb should around the automotive storage area. It will serve as a containment for the water. With the mobile home park located to the south, there is really no other way, other than a concrete curb, to contain the water. He did not think the cost would be prohibitive in light of the fact that a lot of money is being spent for the improvement of this property. MOTION by Ms. Smith, seconded by Mr. Kuechle, to recommend to City Council denial of variance request, VAR �91-17, by Samir Awaijane, 7570 Inc., per Section 205.17.05.D.(3) of the Fridley City Code, to eliminate the requirement for a 6-inch concrete curb in the automotive storage area, to allow general improvement of the property, on that part of the East 46 acres of the West 1/2 of the Northwest 1/4 of Section 12, T-30, R-24, Anoka County, Minnesota, described as follows: Commencing at a point on the West line of said East 46 acre tract distant 623.5 feet South of the Northwest corner of said East 46 acre tract; thence South along the West line of said East 46 acre tract 161.3 feet; thence East parallel with the North line of said East 46 acre tract 538.98 feet, more or less, to the Westerly right-of-way line of State Highway No. 65; thence Northerly along said Westerly right-of way line 161.63 feet, more or less, to the intersection of a line drawn fram the point of beginning and parallel with the North line of said East 46 acre tract; thence West parallel with the said North line 538.73 feet, more or less, to the point of beginning, the same being 7570 Highway 65 N.E. IIPON A VOICE VOTE, RIIECHLE AND SMITH VOTING AYE, BEAIILIEII VOTING NAY, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED BY A VOTE OF 2-1. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to recommend to City Council approval of variance request, VAR #91-17, by Samir Awaijane, 7570 Inc., per Section 205.17.05.D.(5).(a) of the Fridley City Code, to reduce the hard surface setback from the public right-of-way from 20 feet to 10 feet, to allow general improvement of the property, on that part of the East 46 acres of the West 1f2 of the Northwest 1/4 of Section 12, T-30, R-24, Anoka County, Minnesota, described as follows: Commencing at a point on the West line of said East 46 acre tract distant 623.5 feet South of the Northwest corner of said East 46 acre tract; thence South along the West line of said East 46 acre tract 161.3 feet; thence East � APPEALS COMMISSION MEETING� JIINE 25, 1991 8 parallel with the North line of said East 46 acre tract 538.98 feet, more or less, to the Westerly right-of-way line of State Highway No. 65; thence Northerly along said Westerly right-of way line 161.63 feet, more or less, to the intersection of a line drawn from the point of beginning and parallel with the North line of said East 46 acre tract; thence West parallel with the said North line 538.73 feet, more or less, to the point of beginning, the same being 7570 Highway 65 N.E. IIPON A VOICE VOTE, SMITB AND BEAIILIEII VOTING AYE, ROECHLE VOTING NAY, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED BY A VOTE OF 2-1. Ms. Dacy stated this item will go to City Council on July 22, 1991. � VELMA FARR: Per Section 205.07.01. increase the total floor 1,400 square feet to construction of addition River Edge Addition, t: Fridley. .(1) of the Fridley City Code, to area of all accessory buildings from ,832 square feet, to allow the a garage space, on Lot 10, Block 1, ie same being 157 River Edge Way, Ms. McPherson stated this prope y is located on the Mississippi River on River Edge Way. The pro erty is zoned R-1, Single Family Dwelling. A City park is locate to the west of the property. Located on the property is a sin e family dwelling unit with a single car attached garage and a de ached accessory structure used as a shed/workshop area. The peti ioner has also applied for a special use permit to allow a third accessory structure over 240 sq. ft. Ms. McPherson stated the petitioner is proposing to construct a 22 ft. by 24 ft. detached accessory bui ding to the north of his existing single family dwelling unit. he petitioner has need for additional storage space for vehicles and other miscellaneous items. The design of the dwelling unit 's such that the slope of the roof really prevents any expansion the existing garage to the south. In addition, there is a walkw easement running some- what parallel to the south property line w'ch allows access to the City park located west of the petitioner's property. There is an additional easement within which a sidewal is located along the northeast property line which allows neighb hood children to walk to Stevenson Elementary School south of the etitioner's property. Ms. McPherson stated that while the petition� other alternatives which would allow him to single car garage, he does have reasonable use denying the variance would not constitute a tak be stored outside on an appropriate hard sur elsewhere. � does not have any :pand his existing f the property and �g. Vehicles could ce area or stored � _ � I Community Development Department PI,��NIVING DIVISION City of Fridley DATE: July 18, 1991 �� To: William Burns, City Manager�;''� FROM: SOBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #91-18, by Lewis Farr, 157 River Edge Way Attached please find the above reFerenced staff report. The petitioner is requesting a variance to increase the maximum allowable square footage of all accessory buildings from 1,400 sq. ft. to 1,832 sq. ft. � The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. 2. The proposed accessory structure shall not be attached to the dwelling unit unless it has frost footings. The petitioner shall provide a hard surface driveway by August l, 1992. Staff recommends that the City Council deny the request as the petitioner has reasonable use of the property. MM:ls M-91-520 � � � STAFF REPORT - APPEALS DATE June 25, 1991 CITYC�F PLANrqNG COMMI�SION DATE F� DL� CITY COUNCiL DATE July 22 , 1991 Avnioa �/1s REQUEST PERMIT NUMBER APPLICANT PROPOSEO REQUEST LOCATION �lTE DA�'A SIZE DEN�ITY PRESENT Z4NING 14DJAC�NT LAND USES 8� ZONING _ UT�(TIES PARK DEDICATION ANAL�fSI� FfNANGAL iMPLiCATIONS CONFORMANCE TO COM�tEHENSNE PLAN COMPATIBILiTY WiTH ADJACENT USES & ZONqVG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATtON APPEALS RECOMMENDATION PLANNING COMMiSSION RECOMMENDATION � #91-18 L�+vis Farr 'Ib increase the maximmi allaaable square footage of aocessory bui.ldi.r�gs £rcm 1,4Q0 sq. ft. t�o 1,832 sq. ft. 157 Ri�er Fdge Way 23,942.89 sq. ft.; 10.4$ lot oaverage 1�1, Single Fami.ly Dwelling I�l, Single Family Baellir�g t� the N, S, E, & t� Denial Appx'oval ; � � %I �/2 SEC C/TY � w � , � , � � 1 ,��'� � � . �5, T. 30, R. 24 OF FR/OL EY CONDOM/NKJM NQ B 1 � �' � 8 �; 42 - � �� . — ,,a, ,_ :;;,,�.: �� v _. . �:.::.:{_=�::... . � '; AV � � _ .\ � ;� �' ; ; i;�, r: \ �• :� `, ` � � " `: .,\ � ,. � � � � ' .�'� .\ . j �, C„ � {� - ° . � / � k , '\` ... . .. �.� �f '. � i`� J J � � ; `; � , �' . � - �1. �, � ) � _ 1 1 .�- : r _I VAR �� 91-18 Lewis Farr 2 O 43 •-- •-- �' ;' � � � � � � S 1 --:� 7 j "" . � v. .'J c ,_ . �� ,.. s '� _.. � •i v : . n. ��aP.sfC'�wiy•rA>wn�•-�,.. ... 441 � LOCATION MAP 0 � � / RiV E � VAR 4�91-18 � Lewis Farr ---�-..�_.. �� i G .o /2 ZONING MAP Staff Report VAR #91-18, 157 River Edge Way N.E. Page 2 A. STATED HARDSHIP: "Need additional garage space." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting a variance to increase the maximum allowable square footage of accessory buildings from 1,400 square feet to 1,832 square feet. The petitioner is proposing to construct a detached two car garage. The request is for Lot 10, Block 1, River Edge Addition, the same being 157 River Edge Way. Site Located on the property is a single family dwelling unit with an attached single car garage and a 46 ft. x 20 ft. shed/workshop structure located in the rear yard. The property is zoned R-1, Single Family Dwelling, as are all adjacent properties. A City park is located to the west of the subject parcel. Analysis Section 205.07.O1.B.(1) of the Fridley City Code requires that the total floor area of all accessory buildings shall not exceed 1,400 square feet. Public purpose served by this request is to maintain the residential quality of the neighborhood by limiting the size of accessory structures. The petitioner has need of additional garage space to store items such as his antique car and other vehicles which are not currently used. The petitioner cannot expand the existing garage due to a 5 foot walkway easement which parallels the south property line and also due to the slope of the roof on the dwelling unit. The petitioner's proposed garage would be located north of the existing house and would be detached. While the petitioner does not have other alternatives which would allow him additional storage space on the property, the petitioner does have reasonable use of the property and denying the variance would not constitute a taking. The petitioner could rent additional storage space elsewhere to store those vehicles currently not in use. The vehicles could be parked in the driveway or on another type of hard surface area. : � � Staff Report VAR #91-18, 157 River Edge Way N.E. Page 3 Recommendation As the petitioner has reasonable use of the property, staff recommends that the Appeals Commission recommend to the City Council denial of the variance request. However, if the Commission chooses to recommend approval of the request, staff recommends the following stipulations: l. The proposed accessory structure shall not be attached to the dwelling unit unless it has frost footings. 2. The petitioner shall provide a hard surface driveway by August 1, 1992. Appeals Commission Action The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations. 1. The proposed accessory structure shall not be attached to the dwelling unit unless it has frost footings. 2. The petitioner shall provide a hard surface driveway by August 1, 1992. City Council Recommendation Staff recommends that the City Council deny the request as the petitioner has reasonable use of the property. 8EE ,. { : . .��. ,. •�.. t -- � .. ,:,-� � :�� >> VAR 4� 9 I- I 8 Lewis Farr .� ----__.........�_ - , . _ �: i. . • , • � .�... . . . ' i ,��, i f,< ; � 4 ' - 1-_ y ;_C"V �;,` . i /.37. � � • - �`= - -- -- �- - - - - -- - - -- - -- -- . _ -_ _ _ '-° �, _ - . . _ - . .. ..�sr •�e {r - ,. ... ' '�G' ,, . . �,a,�skQ,� $,;� �a roposed Accessary S ucture .__ _ , , �ti � ,- , „ __ �, �� :� •� : � . :�: � �-�.y z� - -- �."-� � . t ��= : � ,� - . ,• �., � f+��_ ?o � �� ,= . . � ..,;� �; i ;!, ,� � ;, _%- -` ` ! c t.:: � � �. , �� ;;. ; , � 1 :,;- 'v �'\��.-� �' � ti_.` . �� . .. - : �"' , . i' -il ', �.� . . � . wi �.y �, `' � • "a� �. . . � , . � � ! � . ♦��_ . n }� J"�-% . _ -- +� 4; . 1' '�v i . .. ,:. ,vj• fi4 ,1 : - r 4. . i � ti . : .� � _ - 1 �„ ' , '•� S �` .- - f . . �` � - � ' /: � �. . _ . _ �� _ � y�.. J .,—�. 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IN�. .- � , . . + . . • .� ' � � . .. � ..�/^ , �� SITE PLAN CITY OF FRIDLEY 6431 IJDIIVIItSITY AVF�IUE N.E. ��tIDLEY, 1�Ild 55432 (612) 571-3450 •. i� ni �� - •�� n.ca � a.� . �i .' ....,.��_ �.._ ��....,.�.,......�...�.�...�.......�.�.�..,.,...�.� � ......�_.,...,��_�� APPZIGAZ"lO�I FiO�M PI�DPIIZTY II�TI�i - site plan required for subaittals; see attached ~~�~� Aaa�: % � 1 �'� v��'�o�- t�v�4>' I,egal aescription: IAt C� Block f Tract/Addition �) U��'S �� %�%�0/T/d/" Currerit zoning: Square f�otaqe/a�rna9e Reason for variance ai�d t��h;p; __ �/,l�/T�d.r�.AC_ �'A/r.�Gd� S(��1C�"" Sectio� of City C�ode: 2b�4`i . o�� r�l 1 O (Kl.fCA�`-r1A4 i.�n�oJ�ei� GF..i�foe✓ /L.�sn ,e�F � ��/s�s.n.iri ��.ia, une -�Fvn,.. Iditfl �.�. � • ^ ��' � i � •� r� •i (CbritY'dCt PIl�]�1.SP.15: NAME AD�S l��'L Fee Owners n�oust sign this form prior to proaessing) I�• fi •�•� SIC�NAT[JRE �� PETTTIOI�R INII�iORHIl�TI�i ~�� w/ � � UP�JrI � ,.��1 �i� ��ss _l S7' /�l u �,P�D�-�- G� � � /� �,,� nA�rn� � � �1— �� Z. r►• � // r _ ��" �•�, Fee: $loo. oo ��_�...��_��...�� $ 60.00 � for residential properties Permit vAR # � � - � � Reaeipt # �% o -S� Application recei�ed by: � � I/i''�� Scheduled Appeals Crmunission date: Scheduled City Cauncil date: �.�iu�n� '6� 8 G G ..._._.� ��.��.��.��_�.�� APPEALS COMMISSION MEETING. JIINE 25, 1991 8 parallel with the North li e of said East 46 acre tract 538.98 feet, more or less, to the Westerly right-of-way line of State Highway No. 65; thence North ly along said Westerly right-of way line 161.63 feet, more or less to the intersection of a line drawn from the point of beginning a d parallel with the North line of said East 46 acre tract; thenc West parallel with the said North line 538.73 feet, more or less, o the point of beginning, the same being 7570 Highway 65 N.E. IIPON A VOICE VOTE, SMITH AND NAY� VICE-CBAIRPERSON RIIECHLE OF 2-1. Ms. Dacy stated this item will go to 3. VOTING AYE� RIIECHLE VOTING THE MOTION CARRIED BY A VOTE ty Council on July 22, 1991. �� - �. i.� � Per Section 205.07.O1.B.(1) of the Fridley City Code, to increase the total floor area of all accessory buildings from 1,400 square feet to 1,832 square �feet, to allow the construction of additional garage space, on Lot 10, Block l, River Edge Addition, the same being 157 River Edge Way, Fridley. Ms. McPherson stated this property is located on the Mississippi River on River Edge Way. The property is zoned R-1, Single Family Dwelling. A City park is located to the west of the property. Located on the property is a single family dwelling unit with a single car attached garage and a detached accessory structure used as a shed/workshop area. The petitioner has also applied for a special use permit to allow a third accessory structure over 240 sq. ft. Ms. McPherson stated the petitioner is proposing to construct a 22 ft. by 24 ft. detached accessory building to the north of his existing single family dwelling unit. The petitioner has need for additional storage space for vehicles and other miscellaneous items. The design of the dwelling unit is such that the slope of the roof really prevents any expansion of the existing garage to the south. In addition, there is a walkway easement running some- what parallel to the south property line which allows access to the City park located west of the petitioner's property. There is an additional easement within which a sidewalk is located along the northeast property line which allows neighborhood children to walk to Stevenson Elementary School south of the petitioner's property. Ms. McPherson stated that while the petitioner does not have any other alternatives which would allow him to expand his existing single car garage, he does have reasonable use of the property and denying the variance would not constitute a taking. Vehicles could be stored outside on an appropriate hard surface area or stored elsewhere. 8HH APPEALS COMMISSION MEETING, JIINE 25, 1991 g Ms. McPherson stated that since the petitioner does have reasonable use of the property, staff recommends that the Appeals Commission recommend to the City Council denial of the variance request. If, however, the Appeals Commission chooses to recommend approval, staff is recommending the following stipulations: 1. The proposed accessory structure cannot be attached to the dwelling unit as it will not have frost footings. 2. The petitioner shall provide a hard surface driveway by August 1, 1992. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to open the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE, VICE-CEAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:30 P.M. Mr. Farr stated that staff had stated that he could rent additional space and store his vehicles elsewhere. He stated he could store his vehicles off site, but then he could not use the vehicles. He has some valuable automobiles that have to sit outside in the weather. He stated he has an attractive home on the river, and he only has a single car garage. Today, no one builds single car garages. They are all double or triple. He has a very large lot which is difficult to build on, and he needs more garage space. The proposed garage would be attractive. It would be located in the side yard along the sidewalk and would be landscaped. He does plan to tear up his existing asphalt driveway and replace it with a continuous concrete driveway to the new garage. Mr. Farr stated he also believed that the addition of the garage would add to the property value. He stated he has received no objections from the neighbors. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to close the public hearing. IIPON A DOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:40 P.M. Ms. Beaulieu stated she saw a hardship because the petitioner cannot expand his existing garage. This is a very large lot, and there are two easements on each end. The plan looks aesthetically pleasing, and she would recommend approval of the variance. Mr. Kuechle stated that because of the fact that it is not very feasible to add on to the existing garage because of the garage roofline without major structural changes and because of the fact �" APPEALS COMMIS$ION MEETING JIINE 25 1991 10 that the lot is almost twice the size of a normal lot in Fridley so the lot coverage is not an issue, he would recommend approval of the variance with the two stipulations recommended by staff. Ms. Smith stated she would also recommend approval with the two stipulations. MOTION by Ms. Beaulieu, secanded by Ms. Smith, to recommend to City Council approval of variance request, VAR #91-18, by Lewis and Velma Farr, per Section 205.07.O1.B.(1) of the Fridley City Code, to increase the total floor area oF all accessory buildings from 1,400 square feet to 1,832 square feet, to allow the construction of additional garage space, on Lot 10, Block 1, River Edge Addition, the same being 157 River Edge Way, Fridley, with the following stipulations: 1. The proposed accessory structure cannot be attached to the dwelling unit unless it has frost footings. 2. The petitioner shall provide a hard surface driveway by August 1, 1992. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED IINANIMOUSLY. Ms. McPherson stated the special use permit will be heard by the Planning Commission on July Z0, and both the special use permit and variance will go to City Council on July 22, 1991. 4. UPDATE ON PL.ANNING COMMISSION AND CITY COUNCIL ACTIONS Ms. McPherson reviewed the past Planning Commission and Council actions. ADJOURNMENT� MOTION by Ms. Smith, seconded by Ms. Beaulieu, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Kuechle declared the motion carried and the June 25, 1991, Appeals Commission meeting adjourned at 8:50 p.m. Resp ctfully su mitted, C2'-�� yn Saba Recording Secretary 8JJ � _ � � Community Develnpment Department PLANNING DIVISION City of Fridley DATE: July 18, 1991 � - TO: William Burns, City Manager ;�'� � �� SUBJECT: Background Barbara Dacy, Community Development Director Approve Resolution for a Lot Split at 7396-98 Symphony Street N.E. on January 7, 1985, the City Council officially approved a lot split for Lot 5, Block 5, Melody Manor, to allow a zero lot line for a duplex/double bungalow at 7396-98 Symphony Street N.E. The City Council approval required the following stipulations: F� 2. 3. Pay a park fee of $750.00. Provide the City with a survey of the property so that the City Council can pass the resolution needed by the County so this can be recorded. Submit to the City a declaration of covenants for the property. The petitioner at that time, Randy Anderson, did not follow through with a survey and sold the property in its entirety to the current owner, Mark Akbari. . Current Proposal At the end of May, Akbari was attempting to convey 1/2 of the unit and property to another person; however, I would not authorize the deed for recording since the stipulations of the lot split approval were not completed. Section 211.04.01.C-D of the subdivision ordinance states that after City Council approval of a lot split, a certificate of survey is to be submitted for final approval by the City Council. The ordinance does not indicate a time period as to how soon the survey needs to be submitted. The only time period identified in the ordinance is after the resolution is approved; the petitioner has 180 days to file the lot split at Anoka County. Lot Split at 7396-98 Symphony Street N.E. July 18, 1991 Page 2 Akbari has submitted a survey (attached) indicating the proposed lot line and the descriptions match those that were considered in 1985. He is prepared to pay the park dedication fee and is also in the process of finalizing the restrictive covenants to be filed along with the property split. Recommendation Staff recommends that the City Council approve the attached resolution subject to the following conditions: 1. Payment of the park dedication fee. 2. Submit to the City a declaration of covenants for the property. BD/dn M-91-529 • � � : _ UIYOF FIZtDLEY CIVIC CENTE(i • 6431 UNIVERSITY AVE. N.E.. FRIOLEY. MINNESOTA 55432 • PHONE 16121 571-3450 January 23, 1985 CITY COUNCiL ACTION TAKEN NOTICE Randy Anderson i1340:• Sunset Avenue Circle Pines, Mn 55014 On January 7, 1985 , the Fridley City Council officially approved your request for lot talit for Lot 5, Block 5, hlelody Wlanor, the�� beina 7396-7398 Svmphonv Street N E to make 0' lot lin s for a do�ble b�naalow w�th the following stipulations: ]. Pay a park fee of $750::00. 2. Provide the City with a survey of the property so that the City Council can pass the resolution needed by the County so this can be recorded. - 3. Submit to the City a declaration of covenants for the property. If you have any questions regarding the above action, please call the Planning Oepartment at 571-3450. Sincerely, , �Q ' JAMES L. ROBINSON PLANNIN6 COORDINATOR JLR/de P]ease review the noted stipulations, sign the statement below and return one copy to the City of Fridley. ��` -� -, � ` cur ith`action taken. . 9 rw� �t c'- iu o� a s�:.�v �v ��.+ L,U c_ � , �� I RESOLUTION NO. - 1991 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #84-13, TO SPLIT OFF THE SOUTHERLY 36 FEET OF LOT 5, BLOCK 5, MELODY MANOR, TO ALLOW A DOUBLE BUNGAIAW TO BE SOLD INDIVIDUALLY, THE SAME BEING 7396-98 SYMPHONY STREET N.E. WHEREAS, the City Council approved a lot split at the January 7, 1985 meeting; and stipulations attached as Exhibit A; and WHEREAS, such approval was to split off the southerly 36 feet of Lot 5, Block 5, Melody Manor, to allow a double bungalow to be sold individually, the same being 7396-98 Symphony Street N.E.; and WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create a zero lot line between 7396 and 7398 Symphony Street N.E. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 9C WILLIAM J. NEE - MAYOR EXHIBIT A Resolution No. - 1991 1. Pay a park fee of $750.00. 2. Submit to the City a declaration of covenants for the property. • , CA/NE � ASSOC/ATES L AND SURVE YORS, /NC. /7720 Highwoy 65 N.E. - Sooervi//e, Minnesota 55304 434 -7646 C£F7�;TIC:,TE OF SORVEI' FOR: Randv T-.r.derson � LE(3r.L D£St'RIP7'IOV FOR KORTH PARCEL: TY.at Fart o.' Lot 5, AlocY 5, M£LOPY "i=.NOR, accordinq to the recorded plat thereof, AnoYa County, Mirr,cecta. 1�•ir.c r.ortterl.: o£ a lir.e drawr, from a point on the westerl� line of said Lot 5 distant 3E.b: feet northerl}- of the sout.`.Mesieriy correc thereof, to a poir.t on the easterly ]ine of said Lot � distar.t 36.08 feet r.ortherly of the southeaster2� corr.er t}ereof. LEGi:L �ESLRIPiIO.`: FOR SOCTH PARCEL: Trat part of Lot 5, Block 5, MF.LO^Y MAnOR, accorcing to the recorded plat thereof, Anoka Cour.ty, ."•;irnesotz, ]}•ir.a southerl�• of a]ir.e orar•r `rort. a poir.t on tte westerly line of said Lot 5 distant 3<.S� feet nortrerly of the sonthwesterly corr.er thereof, to a point on the easterly line of said Lot 5 distar.t 36.C�8 `eet r.ortherly of the southeasterly corner thereof. O N 74TH � \ A � �' � � iy ' ��,.' \ 'j v f �'�y .�o�l - v ? 4 y, : ' � '� 2 �r �� ! �,� � �;, i i � r sf a� 1 � ! .�l � � J ' � r � � �� AI/ENUE East 9�. vi i,' i s�9s � /+� ��'�f i%OME 5 � Q -�� e "'�, ' - , `: - o .,� : i�� ,, 't'�i:a.��.ri �;; , j) %` ' . •'I F � c=> � _` SGOLE•• / IAC//= i° FEET. a DEh�OTES //7 ,WCH /IPpN qpE SET. •DENOTES AN /RON MANUM£NT FOl/ND. BEAR/NGS S�M01YN ARE FROA/ ASSUMEO DAT(/M. � Oiwefp f. A: wa: � s�t. 9E NW. v . � p \� O �� }� � �� M � : 0 9 • f• � _� .3,,"-.,. `V : no i' � v •.`' ° � � �,�� Q �0 y � 8 v [,� �I� / ,� �� Q� �� so / � w[�rer ctretrFr nmr r.ns tu�hrr, 1�,r or werowr rKS rwrnuco n r[ at uvacw rr oweer winwn,w �,w s�ur i,u� w ncer reeusrtwro c.�w srwvtrow u�oiw ►Nf L.tli 0✓ iMf fTAlE pM O.MfJp/A, �. It Fab, LL� /fK wLS. �vo. /ted� 0 N � June 22, 1991 Mark Akbarl 8809 Tyler Street N.E. Blaine, Mn 55434 Re: 7396-7398 Symphony Street N.E., Fridley, MN Mark; Enclosed you will flnd the following: A Declaratlon of Covenants, Conditlons and Restrlctions which the City of Fridley needs, if you are going to flle as a zero lot line. Four pages showing the actions taken by the Planning Commission and the City Council approving the lot split at 7396-7398 Symphony Street. A survey showing the proposed lot split. I hope the enclosed information will help you out. In looking over our purchase agreement and other related papers, there is nothing mentioned about the property being filed as a zero lot llne property. As I mentioned over the phone to you, I would have filed the property as such If I had sold it one half at a tlme, but I sold it as one unit, therefore I did not have to file !t as a zero lot line. Your deed and abstract should say nothing about a zero lot line. I am sorry for any confusion on thls subject and for any inconvenience it has caused you. The enclosed information �; �:.: d:�e I p you f i 1 e as a zero 1 ot 1 i ne , i f you choose to do so. If I can be of any further asslstance, please call. Sin ly, . C--�C/ andy Ande son 9F r � � J Community Development Department P G DrviSION Cit� of Fridley DATE: July 18, 1991 �� TO: William Burns, City Manager �. FROM: SUBJECT: Barbara Dacy, Community Development Director Lisa Campbell, Planning Associate Turn Back 1987-89 Community Development Block Grants In 1987, the City allocated $31,270 for restoration of the Banfill- Locke House. Only $31,269.17 was spent,,resulting in an 83 cent surplus. Tn 1989, $b,595 was allocated to Commercial Rehabilitation. Later in the year,; tl�e City Council transferred the total amount to the Banfill-Locke Center for the Arts for tuition assistance for senior art classes. A$10.86 surplus remains. This total is $11.69 in unused funds which the City is obligated to return to Anoka County. We are requesting that Council authorize the appropriate City staff to turn back these funds to the County. LC:ls M-91-533 � Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William Burns, City Manager ��`�� , PW91-221 FROM: Mark A. Winson, Assistant Public Works Director ��"' DATE: July 9, 1991 SUBJECT: Street Improvement Project No. St. 1991 - 1& 2- Change Order No. 1 As construction has proceeded for the widening of 73rd Avenue, subsoil conditions were discovered that were not anticipated during design. In order to provide a suitable base for the street, approximately two feet of poor material will need to be removed before soil stabilization fabric is placed and covered with two feet of suitable material. Recommend that the City Council approve the attached change order in the amount of $6,904.00 at the July 22 meeting. MAW/jh 11 • i� �.� CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVE., N.E. FRIDLEY, MN 55432 July 22, 1991 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 SU&7ECT: Change Order No. 1: Street Improvement Project No. ST. 1991 - 1& 2 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Street Improvement Project No. ST. 1991 - 1& 2 by adding the following work: Addition• �,TEM � 2. Common Excavation APPROX. QUANTITY 1,700 Cu. Yd. Soil Stabilization Fabric 13,800 Sq. Ft. TOTAL ADDITION: TOTAL CHANGE ORDERS: PRICE 2.60 0.18 AMOUNT $4,420.00 2,484.00 �6.904.00 Original Contract amount . . . . . . . . . . . $ 366,230.00 Contract Addition - Change Order No. 1.... 6,904.00 REVISED CONTRACT AMOUNT $ 373,134.00 Submitted and approved by John G. Flora, Public Works Director, on the 22nd d of July, 1991. �� - ; ,, �� -�..-=T / re ared by �, � _ G��`-L�C (�(��.�r� � � . Ch ked by J G. Flora, P.E. ' ector of Public Works 11A W.B. Miller, Inc. Page Two Change Order No. 1 July 22, 1991 Approved and accepted this 1991, by Approved and accepted this 1991, by g7� day of ��LY /q�l� � WILLIAM B. MILLER, INC. ,.J�'.x-- �. William B. Miller, President day of CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager Approved and accepted this day of , 1991, by MINNESOTA DEPARTMENT OF TItANSPORTAT20N Chuck E. Weichselbaum District State Aid Engineer 11B E-i U W ti O � a w � z w � Q � � � �runv uu� 1C MEMORANDUM - Municipal Center _ 6431 University Avenue Northeast Fridley, Minnesota 55432 �ypF � (612) 572-3507 F��Y FAX: (612) 571-1287 �%1ll1aII1 C. HUIIt Assistant to the City Manager '• � d- Memo To: William W. Burns, City Manaqer ��►� �' From: William C. Hunt, Assistant to the City Manaqer �j��'� y Bubjeat: �Labor Aqreement with Fridley Firefiqhters Date: July 18, 1991 Enclosed is the siqned labor agreement for 1991 between the City of Fridley and the International Association of Firefighters Local No. 1986. There are a number of changes on this labor agreement, and I would like to detail them in this memo. The main change is from a schedule of 170 hours over a three week period to 150 hours over a three week period. This means that instead of having two firefighters on twelve hour night schedules and one firefighter on a ten hour day schedule we will have one firefighter on a twelve hour night schedule and two firefighters on a nine hour day schedule. The advantage to management is that it increases the number of waking hours and productive time for the full-time firefighters. This will enable us to take advantage of their expertise more effectively. It will also make it easier for firefighters to take vacation time on their day schedule. Hitherto, when a firefighter took vacation on a day schedule it meant that there was no one to cover that position. In order to accomplish the change in the schedule it was necessary to adjust the pay rate so that the total compensation per year or per month would not be distorted. We have calculated a total increased cost to the City of four percent for 1991 over 1990. This translates to a higher hourly wage rate, but the lower number of hours calculates to an increase of only four percent. This calculation also takes into account the average number of hours paid for callbacks and drills at the overtime rate. Apart from necessary changes in dates the following individual changes have been made to the contract: 1. ARTICLE II, RECOGNITION, the position of Fire Captain has been eliminated as a job classification. 2. ARTICLE 5.1, the term "manpower" has been changed to "personnel." 0 Memo to William W. Burns Firefighters Contract Page Two 3. ARTICLE XI WORK SCHEDULE. The normal work schedule has been changed from 56.67 hours to a 50 hour work week. 4. ARTICLE 11.2 in the pervious contract has been deleted. This dealt with the guaranteed eleven hours per three week work period at the overtime rate. Since the new three week work period is only 150 hours there is no regular overtime paid. 5. ARTICLE 11.2 changes the daytime shift from 7:00 a.m. until 5:00 p.m. to 7:00 a.m. until 4:00 p.m. 6. ARTICLE 12.1. A paraqraph has been added to translate the annual leave accumulation. Up to this time annual leave had been calculated on the basis of an 11.33 hour average day. The average day now is 10.0 hours, and it is necessary to adjust the annual leave accumulation accordingly. 7. 8. 9. ARTICLE 13.6. The word "he" has been changed to "the employee." ARTICLE 20.1. The uniform allowance of $375.00 for 1990 has not been increased for 1991. ARTICLE 21.1. The employer contribution for health and life insurance has been raised to $255.00 per month. 10. ARTICLE XXII RATES OF PAY. The rates of pay have been increased to provide an effective overall four percent increase for 1991. As noted previously, the hourly rate increased by more than four percent, but the number of hours has decreased due to the new schedule. The net result on a per year or per month basis is four percent. 11. ARTICLE XXVII DURATION. The agreement takes effect on August 3, 1991. This is a date in which the three week work periods coincide so that by converting on August 3 to the new schedule an equal number of hours will have been worked by each of the firefighters. As noted in ARTICLE 22.1 the rates of pay prior to August 3 will be increased by four percent. I request that you present this contract to the Fridley City Council for consideration at their meeting of July 22, 1991. WCH/jb RRSOLIITION NO. - 1991 RESOLIITION APPROVING AND AIITHORIZING SIGNING AN AGREEMENT ESTAHLISHING WORRING CONDITIONB, WAGEB AND HOOR8 OF EMPLOYEEB OF T8E CITY OF FRIDLEY FIR$ DEPARTMENT FOR THE YEAR 1991 WHEREAS, the International Association of Firefighters Local No. 1986, as bargaining representative for the Firefighters of the City of Fridley Fire Department, has presented to the City of Fridley various requests relating to the working conditions, wages and hours of employees of the Fire Department of the City of Fridley; and WHEREAS, the City of Fridley has presented various offers to the Union and to the employees relating to working conditions, wages and hours of employees of the Fire Department of the City of Fridley; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, agreement has now been reached between representatives of the two parties on the proposed changes to the existing agreement between the City and the Union; NOW, THEREFORE BE IT RESOLVED by the City of Fridley that such agreement is hereby ratified and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement relating to working conditions, wages and hours of Firefighters of the City of Fridley Fire Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 19_ ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK 12B LABOR AGREEMENT BSTWFEN THE CITY OF FRIDLEY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 1991 12C ARTICLE I II ITI IV V VI VII VIII IX X XI XII XIII XIV XV XVI XVII XVIII XIX XX XXI XXII XXIII XXIV XXV XXVI XXVII FIRSFIGHTERS LOCAL NO. 1986 CONTRACT FOR 1991 TABLE OF CONTENTS PURPOSE OF AGREEMENT RECOGNITION DEFINITIONS EMPLOYER SECURITY EMPLOYER AUTHORITY UNION SECURITY EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE SAVINGS CLAUSE SENIORITY DISCIPLINE WORK SCHEDULES ANNUAL LEAVE SHORT TERM DISABILTTY PAY FOR CALL BACK AND DRIT•TS EMPLOYEE EDUCATION PROGRAMS HOLIDAYS PROBATIONARY PERIODS FUNERAL PAY JURY PAY UNIFORM ALLOWANCE INSURANCE RATES OF PAY ADDITIONAL INCENTIVE PAY COLLEGE CREDITS SEVERANCE PAY WAIVER DURATION 12D PAGE 1 1 1 3 3 3 4 7 7 8 8 9 10 11 12 13 13 13 14 14 14 14 14 15 15 15 16 LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND INTERNATIONAL ASSOCIATION OF FIRLFIGHTERS LOCAL NO. 1986 ARTICLL I PIIRPOSE OF AGREEMENT This AGREEMENT is entered into as of July 22, 1991 between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986, hereinafter called the UNION. It is the intent and purpose of the AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or.application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all personnel in the following job classifications: 1. Firefighters ARTICLE III DEFINITIONS 3.1 Union The International Association of Firefighters Local No 1986. 3.2 Union Member A member of the International Association of Firefighters Local No. 1986. 3.3 Employee A member of the exclusively recognized bargaining unit. 3.4 Department The City of Fridley Fire Department. 1 12E 3.5 Employer The City of Fridley. 3.6 Chief The Chief of the Fire Department of the City of Fridley. 3.7 Union Officer Officer elected or appointed by the International Association of Firefighters Local No. 1986. 3.8 Overtime Work performed at the express authorization of the EMPLOYER in excess of the number of hours in a work period specified by the Federal Fair Labor Standards Act. 3.9 Scheduled Shift A consecutive work period including two rest breaks and a lunch break. 3.10 Rest Breaks Two periods during employee remains on assigned duties. 3.11 Lunch Break the SCHEDULED SHIFT during which the continual duty and is responsible for A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 Strike Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 3.23 Base Rate of Pav The Employee's hourly rate of pay exclusive of longevity or any other special allowance. E 12F 3.14 Compensatory Time Time off during the employee's regularly scheduled work schedule equal in time to 1.5 times overtime worked. 3.15 Severance Pav Payment made to an employee upon honorable separation of employment. 3.16 Salarv A fixed payment at regular intervals for services as set forth and agreed to in this contract. 3.17 Compensation Salary reduced by those amounts as required by law and/or authorized by the employee. ARTICLI3 IV EMPLOYER SECIIRITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interferences with the normal functions of the EMPLOYER. ARTICLB V EMPLOYER AIITHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI IINION SECIIRITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the 3 12G EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS-GRIBVANCB PROCEDIIRE 7.1 Definition of a Grievance 7.2 7.3 A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. Union Representatives The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by Section 6.2 of the AGREEMENT. Processing of a Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 4 12H 7.4 Procedure Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21j calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and qive an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days will be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER- designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 5 121 i971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Labor Relations Board. 7.5 Arbitrator's Authorit.y a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the.parties, whichever be later, unless the parties agree to an e�ension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or appZication of the express terms of this AGREEMENT and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. IF either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof the within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 6 12J 7.7 Choice of Remedv If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized (Step 4 of Article VII or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII SAVINGS CLAIISE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE I8 SLNIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintained by the FIRE CHIEF on the basis of time in grade and time within specific classifications. 9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in the employee's previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of that layoff before any new employee is hired. 9.4 Vacation periods to a maximum of two (2) weeks shall be selected on the basis of seniority until May lst of each calendar year. 7 � ARTICLE % DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause and disciplinary action may be in one or more of the following forms : a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or e. discharge. 10.2 Suspensions, demotions and discharges will be written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel fiZe shall be read and acknowledged by signature of the employee. Employees will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. ARTICLE XI WORR SC$EDIILES 11.1 The normal work schedule for the employees of the Fire Department shall consist of a fifty (50) hour work week including hours worked on assigned shifts, holidays, and authorized leave time. The Department Head is responsible for scheduling and assigning the weekZy work schedule. 11.2 The City claims the authority to schedule employee�s duty schedule. A normal work schedule for the employees will be a combination of shifts comprised of twelve (12) hours between 8:00 P.M. Sunday and 8:00 A.M. Friday and nine (9) hours between 7:00 A.M. Monday and 4:00 P.M. Friday. 11.3 It is recognized by the parties that service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis, other than the regularly scheduled hours. The employer will give advance notice to the employees affected by the establishment of work days different than the normal employee's work day. 11.4 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, breakdown of municipal equipment of facilities, no advance notice to the employees need be given. It is not required that an employee working other than the normal workday be scheduled to work more than the scheduled hours; 8 12L however, each employee has an obligation to work overtime if requested, unless unusual circumstances prevent the employee from doing so. 11.5 It is also recognized by the parties that service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. Employees who are regularly scheduled to be on duty Saturday and/or Sunday will be granted two consecutive days off in lieu of Saturday and/or Sunday. ARTICLB %II ANNQAL LEAVE 12.1 Each employee shall be entitled to annual leave away from employment with pay. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled. Because of changes in average hours per week and because of the relative adjustment of hourly wage rates, annual leave accumulations shall be recalculated as of the day prior to the effective date of this contract. Total hours accumulated annual leave shall be divided by 11.33 and multiplied by 10.00 to calculate each EMPLOYEE's adjusted annual leave accumulation. Henceforward EMPLOYEES shall accumulate and use annual leave based on ten (10.00) hour days. 12.2 A beginning employee shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive months). An employee who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) month of successive employment. An employee who has worked fifteen (15j years (180 consecutive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty-first (181st) month of consecutive employment. 12.3 For an employee hired on or after January l, 1984: The maximum total accumulation of annual leave at the end of any given year shall be thirty (30) days. Once a year, at a time designated by the City, has completed seven (7) years of service wit have the opportunity to exchange up to thr accumulated annual leave for cash. At the employee who has completed fifteen (15) years the city will have the opportunity to exchang days of accumulated annual leave for cash. 9 12M an employee who h the City will ee (3) days of same time, an of service with e up to five (5) 12.4 For an employee hired prior to January 1, 1984: Vacation accrued but unused as of December 31, 1983 shall be converted to annual leave at the rate of one (1) day of annual leave for one (1) day of vacation. Accrued but unused sick leave as of December 31, 1983 shall be converted to annual leave according to the following schedule: a. ist 45 days @ 1 day of annual leave for 1 day of sick leave b. 2nd 45 days 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave The total amount of annual leave credited to the employee's balance as of January 1, 1984 shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to the formula above. If upon conversion to the annual leave plan an employee's accumulation of annual leave exceeds thirty (30) days, that amount shall be the maximum total accumulation (cap) for that employee at the end of any subsequent year. Once a year, at a time designated by the City, an employee will have the opportunity to exchange up to five (5) days of accumulated annual leave for cash. In addition, once a year at a time designated by the City, an employee with an accumulation of annual leave in excess of thirty (30) days will have the opportunity to exchange up to five (5) days of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of an employee by an equal amount. 12.5 Upon separation from employment with the City, an employee will be paid one (1) day's salary for each day of accrued annual leave remaining in the employee's balance. ARTICLE BIII SHORT TBRM DISABILITY 13.1 Each employee who has successfully completed the employee's probationary period shall be eligible for short term disability benefit. Such an employee shall be entitled to full pay commencing on the twenty-first (21st) consecutive working day on which the employee is absent due to a physician-certified illness or injury, whether on or off the job, and continuing until the employee returns to work able to carry out the full duties and responsibilities of the employee's position or through the one hundred and tenth (110th) working day of absence, whichever occurs first; 10 12N provided, however, that the amount of any compensation shall be reduced by any payment received by the disabled employee from workers� compensation insurance, Public Employees Security disability insurance. Payment of short term disability benefit by the City to an employee shall not exceed ninety (90) working days for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an employee receiving short term disability benefits shall not be reduced, nor shall such employee accrue annual leave during that period. 13.2 Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive from any employee who has been absent more than twenty (20j days in succession a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the right to have an examination made at any time of any employee claiming payment under the short term disability benefit. Such examination may be made on behalf of the City by any competent person designated by the City when the City deems the same to be reasonably necessary to verify the illness or injury claimed. 13.3 If an employee hired before January 1, 1984 has received payments under the injury-on-duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for coverage under short term disability for that same injury. 13.4 If any employee's non causally related injury or illness exceeds 110 working days, the employee shall be entitled to draw from the employee's remaining annual leave. 13.5 If an employee's causally related illness or injury exceeds 110 working days, the employee may draw from the employee's remaining annual leave in addition to those benefits to which the employee receives in accordance with the workers' compensation provisions. 13.6 When an employee exceeds the 110 working days disability and commences to draw on annual leave, the employee shall again accrue benefits in accordance with accepted City policy. ARTICLE RIV PAY FOR CALL BACK AND DRILLS 14.1 A firefighter responding to a fire call before or after regularly scheduled work hours or on a day off shall be compensated in an amount equal to a minimum of one (1) hour at one and one half (1 1/2) times the hourly rate calculated in accordance with the provisions of the federal Fair Labor 11 120 Standards Act. If the fire call lasts for more than one (1) hour the firefighter shall be compensated at the above rate of pay for each additional fifteen (15j minute period or fraction thereof. 14.2 To calculate the time worked on call back, time shall be considered to have started at the time of the alarm as recorded and sha1Z end when the officer in charge has terminated said alarm. Tn the event of a simultaneous or subsequent alarm occurring prior to the termination of the alarna for which the firefighter was called back, the firefighter's time worked shall be calculated as continuous from the time of the first alarm until the officer in charge has terminated all alarms. 14.3 Employees who participate in drills before or after reqularly schedu].ed work hours or on a day off shall be compensated at the overtime rate oF pay for their respective classifications. ARTICLE BV EMPLOYEE EDIICATION PROGRAMS 15.1 The City will pay certain expenses for certain education courses based on the following criteria. a. The training course must have relevance to the Employee's present or anticipated career responsibilities. attendance shall be at City approved institution. The course must be approved by the Department Head. b. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 15.2 Employee Education Programs Financial Policy Financial assistance will be extended to cover only the cost of tuition. Charges for books, student union membership, student health coverage and other charges for which the student receives some item or services other than actual instruction will not be paid. The City will pay 50� of the cost. Upon successful completion of the course an employee will be required to present a certification of satisfactory work is defined as follows: a. In courses issuing a letter grade, a C or above is required. b. In courses issuing a numerical grade, 70$ or above is required. 12 12P c. In courses not issuing a grade, a certification from the institution that the student satisfactorily participated in the activities of the courses is required. 15.3 If the employee satisfactorily completes the course, the employee will be reimbursed for the additional 50� of the tuition cost incurred. If the employee fails to satisfactorily complete the course, the City will not reimburse the remaining 50�. 15.4 The program will not reimburse the employee for hours spent in class, only for the tuition. 15.5 Expenses for which the employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 15.6 The City will not pay tuition or other costs for those courses which are used to make the employee eligible for additional salary. ARTICLE XVI HOLIDAYS 16.1 Holidays include New Year's Day, January 1; Martin Luther King Day, the third Monday in January; Washington and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Manday in May; Independence Day, July 4; Labor Day, the first Monday in September; Veteran's Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, When New Year's Day, January 1; or Independence Day, July 4; or Veteran's Day, November 11; or Christmas Day, December 25; falls on Sunday the following day shall be a holiday, and provided, when New Year's Day, January 1; or Independence Day, July 4;or Veteran's Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. 16.2 In addition to the holidays listed above, employees covered by this contract shall be entitled to two (2) additional paid holidays designated by the City Council for a total of eleven (11) paid holidays per year. ARTICLE %VII PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. ARTICLE BVIII FIINERAL PAY 18.1 In case of death occurring in the immediate family of an employee, such an employee may be excused from work for up to three days with additional time off granted by the City 13 12Q Manager if additional time is needed. This time off shall not subject the employee to loss of pay. For this purpose, members of the immediate family of the employee are considered to be the following; spouse, child (natural or adopted), parent, grandparent, brother, sister, mother-in-law or father-in-law. ARTICLE BI% JIIRY PAY 19.1 It shall be understood and agreed that the City shall pay all regular full time employees serving on any jury the difference in salary between jury pay and the employee's regular salary or pay while in such service. ARTICLE 8B ONIFORM ALLOWANCE 20.1 The City shall provide a uniform clothinq allowance for Fire Fighters, said allowance to be paid in cash in January of each year. The allowance shall be $375.00 for 1991. ARTICLL RBI INSURANCB 21.1 The EMPLOYER will contribute up to a maximum of $255.00 per month per employee for group life and health insurance including dependent coverage for calendar year 1991. 21.2 Effective January 1, 1988 each employee may use up to fifteen dollars ($15.00) per month of health insurance dollars in 21.1 for group dental insurance offered through the City. 21.3 Individual employees may provide for an increased EMPLOYER contribution for insurance over that amount stipulated in 21.1 by lowerinq their compensation from the rates stipulated in Articles XXII, XXIII, and XXIV to provide for the employee's health insurance and dental insurance, including dependent coverage, and life insurance. ARTICLE 88II RATES OF PAY 22.1 The rates of pay, not including incentive pay, for hours worked in 1991 prior to the effective date of this AGREEMENT shall be increased by four percent (4.0�) over the rates of pay effective in 1990. 22.2 Firefighters 1991 First six months $11.3312 per hour After six months $11.8977 per hour After 1 1/2 years $12.4926 per hour After 2 1/2 years $13.1172 per hour After 3 1/2 years $13.7731 per hour ARTICLE 88III ADDITIONAL INCENTIVE PAY 23.1 Incentive pay will be paid over and above the standard base rate or going rate for Employees hired prior to January 1, 1974 according to the following schedule, provided employees 14 12R have made demonstratable progress towards improving their proficiency for their particular job title or job assignment. After 5 years of service $24 After 10 years of service $48 After 15 years of service $72 ARTICLE %%IV COLLEGB CREDITS 24.1 For Firefighters hired after January 1, 1974 the City will pay for education credits earned at an accredited institution of higher learning at the rate of $.40 per quarter credit starting with the ninety-first (91st) quarter credit up to a maximum of one hundred eighty (180) credits or a maximum of $36.00 per month. All courses taken must be approved by the Employer. No Firefighter hired after January 1, 1974 will be eligible for payments under ARTICLE XXIII. No Firefighter will draw both additional incentive pay under ARTICLE XXIV, and pay for educational incentive pay under ARTICLE XXIV, and pay for education credit. Employees will not be eligible for education credits during their twelve (12) month probationary period. A determination of the number of credits an employee is eligible for will be made on December 1 of the previous year. Credits earned during the year will not be counted until the succeeding year. The City will not pay tuition for courses that the Employee will later be paid for as noted above. ARTICLL 8XD SLVERANCE PAY 25.1 For all employees hired prior to January 1, 1978, the severance pay policy shall be as follows: Any Employee with forty-eight (48) or more consecutive months of employment will receive severance pay in cash based on one- and-one-half (1 1/2) days for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of the same. ARTICLE %BVI WAIVER 26.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of the AGREEMENT, are hereby superseded. 26.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had to unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of the AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this agreement or with 15 12S respect to any term or condition of employment not specifically referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by the AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE BBVII DIIRATION This AGREEMENT shall be effective as of August 3, 1991, except as herein noted, and shall remain in full force and effect until the thirty-first day of December, 1991. In witness whereof, the parties hereto have executed this AGREEMENT on this day of , 1991. CITY OF FRIDLEY MAYOR - WILLIAM J. NEE CITY MANAGER - WILLIAM W. BURNS FOR THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 HOWARD H. SIMONSON GARY E. LARSON KEVIN J. SWANSON I hereby recommend to the City Council approval of this agreement. WILLIAM C. HUNT - ASSISTANT TO THE CITY MANAGER CHARLES J. MCKUSICK - CHIEF, FIRE DEPARTMENT 16 12T RESOLIITION NO. - 1991 RESOLIITION ENCOIIRAGING TH13 FRIDLEY $OIISING AND REDEVELOPMENT AIITHORITY TO DECERTIFY PORTIONS OF TA% INCREMENT FINANCING DISTRICTS THAT ARE NOT NEEDED FOR FINANCING OF ECONOMIC DEVELOPMENT OR RBDEVELOPMENT IMPROVEMENTS WHEREAS, the Fridley City Council has recently authorized the creation of Tax Increment District No. ].1; WHEREAS, ten percent of the City's total tax capacity is captured by tax increment financing; WHEREAS, Fridley City Council desires to maintain low property taxes by limiting the amount of tax capacity captured by tax increment financing; and WHEREAS, it is the Fridley City Council's view that tax increment districts should generally exist only as long as the increment generated is necessary to publicly supported improvements to the district. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that it encourages the Fridley Housing and Redevelopment Authority to examine the eleven districts that have been established in the City of Fridley and to decertify those districts or portions of districts that are no longer needed to support publicly supported improvements in any of the districts. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TFiIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 13 WILLTAM J. NEE - MAYOR 14 15 16 FOR CONCURRENCE BY THE CITY COUNCIL BLACKTOPPING Asphalt Driveway Co 1211 E Hwy 36 St Paul, MN 55109 EXCAVATING Imperial Developers Inc 9001 Grand Ave S Bloomington, MN 55420 GAS SERVICES Air One Mechanical Co 6317 Welcome Ave N Suite 6 Brooklyn Park MN 55429 Ace Mechanical Services Inc 5217 190th Ln Wyoming, MN 55092 Climate Designers 19187 Main St NW Cedar, MN 55011 Metro Gas Installers Inc 11001 Osage St NW Coon Rapids MN 55433 GENERAL CONTRACI'OR Howard Bohanon Homes PO Box 486 Anoka, MN 55303 Columbus Construction 2131 - lllth Ln NW Coon Rapids, MN 55433 Hardwood Construction 6438 N Shore Trail Forest Lake MN 55025 Loon Builders 4816 W �].Oth St Bloomington MN 55437 Shamrock Development Inc. 3200 Main St NW, Suite 300 Coon Rapids, MN 55433 Showplace Exteriors 3862 Crestwood Place White Bear Lake MN 55110 Scott Smith Jay Hembroff Sam Breno Jim Harvey Barry Gusk Bill- Lahti Howard Bohanon Larry Columbus David Mattson Doug Baldwin Rodger Nystrom Dan Preisler 16A LICENSEB DARREL CLARK Chief Bldg Ofcl DARREL CLARK Chief Bldg Ofcl CLYDE WILEY Bldg/Mech Insp Same Same Same DARREL CLARK Chief Bldg Ofcl Same Same Same Same Same , Sybrandt Construction Co 6405 -116th Ave N Champlin, MN 55316 Twin City Design Inc. 1809 E Lake Street Minneapolis, MN 55407 Wright, Richard Siding 11241 Magnolia St NW Cooh Rapids, MN 55448 Heco Constru�tion 15T2 E Minnehaha Ave St Paul MN 55106 Harold Sybrandt Joe Kiemen Dick Wright Kevin Heide �� Assoaiated Mechanicsl Cont Ina. PO Box 237 Shakapee, MN 55379 Joseph Sand Ace Mechanical Services 521? 19Qth Ln Wyaming, MN 55092 Air bne Mechanical Co. 6317 Welcome ave N, Suite 6 Brooklyn Park, MN 55429 Boehm Heating Co 1598 Selby Ave St Paul, MN 55104 Jim Harvey Sam Breno Thomas Boehm Preferred Mechanical Services 712 W ?7 1/2 St Richfield, MN 55423 Wayne Johnson �SONRY Norsk Concrete Construction Inc 5299 O�Gonnell Dr New Brighton MN 551i2 James Jackson PLUMBING Associated Mechanical Cont Inc. PO 237 1257 Marshall Rd, Suite 104 Shakopee, MN 55379 Joseph Sand oiberg Constructian 6400 - 131st Street Apple Valley, Mn 55124 Gene Olson � • • same Same Same Same CLYDE WILEY B�dg/Mech Insp Same Same Same same Same ST1hTE OF MINN Same � Tomas/Suburban Plumbing 4029 Penrad Ln St Anthony MN 55421 �OOFING Right-Way Roofing 11304 Red Fox Drive Maple Grove, MN 55369 �entral Roofinq Co 4550 Main Street NE Fridley, MN 55421 L & L Roofing 2067 Norton Dr Shakopee, MN 55379 ��. �� Arrow Sign Co 18607 Hwy 65 NE Cedar MN 55011 Gene Tomas scott Voves Tony spigarelli Larry Pioske Kenne�th Stewart 16C Same DA�RREL GLARIi Chief Bldg Ofcl Same �ame DARREL CLARK Chief Bldg Ofcl ' GNOF FRIDLEY , \ FOR CONCURRENCE BY THE CITY COUNCIL JIILY 22, 1991 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 ESTIMATES Services Rendered as City Prosecuting Attorney for the Month of June, 1991 ......$ 8,688.00 Chemlawn Commercial Services 1156 East Highway 36 Maplewood, MN 55109 Corridor Maintenance Project No. 217 Estimate No. 3 . . . . . . . . . . . . . . . . . $ 3, 686.47 HNTB ' 6700 France Avenue South Minneapolis, MN 55435 Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . . . . . $ 4,691.01 W.B. Miller, Inc. 16765 Nutria Street Ramsey, NIN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 3 . . . . . . . . . . . . . . . . . $ 18, 414. 28 17