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03/15/1993 - 4953FRIDLEY CITY COUNCIL MEETING OF MARCH 15, 1993 Page 2 PUBLIC HEARINGS: Vacation Request, SAV #92-03, by Bob's Produce Ranch, Generally Located at y�'d,� 7620 University Avenue N.E. . . . . . . . . . . . . . . . . . . . . . ��_,�i� �_A '� L� � U � UI ' Request to Grant a Minnesota Currency Exchange License to Internationai Currency Exchange, Inc., Generally Located at 7893 East River Road ... OLD BUSINESS: Appointments to City of Fridley Commissions (Tabled January 4, 1993): ................. 1-1G �'�°�' i .;��.......2-2A � o��i ��, i �� ................... 3-3A Receive the Minutes of the Pianning Commission Meeting of February 24, 1993 (Tabied March 1, 1993): . . . . . . . . . . . . . . . . . . . . 4 - 4BB6 A. Special Use Permit Request, SP #93-01, by Westminster Corporation, to Allow Homes for the Elderiy, Generaliy Located North and East of St. William's Church Abutting Fifth Street N E �� , �; � � .. ................... ................... .: . -� �•� FRIDLEY CITY COUNCIL MEETING OF MARCH 15, 1993 Page 3 OLD BUSINESS (CONTINUED� Receive tMe Minutes of the Pianning Commission Meeting of February 24, 1993 (Tabied March 1, 1993) (Continued): B. Resolution Approving a Subdivision Lot Spiit, L.S. #93-01, by Westminster Corporation to Create Two Separate Parcels Generally Located North of 61 st Avenue and West of Fifth Street ... , � ; �, I� ��,,�/ . .� ,-- .--- ... Second Reading of an Ordinance to Amend ^� the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning i Districts [Rezoning, ZOA #88-04, by - �' Community Development Corporation ��;��j (Westminster)] (Tabled March 1, 1993): . . . . . . . . . . . . . . 5 - 5A NEW BUSINESS: Resolution in Support of an Application for a Minnesota Currency Exchange License �� to International Currency Exchange, Inc. . . . .� . . . . . . . . . . 6 - 6A �/ � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 15, 1993 Page 4 NEW BUSINESS (CONTINUED� Resolution in Support of a Minnesota � Lawful Gambiing Appfica#ion for �' Exemption from Lawfui Gambling License �`-°�✓ .�%' /- to Minnesota Bass Federation . . . . . . . . . . . .� �. . . . ✓ 7-7B Receive Items from the Minutes of the Planning Commission Meeting of February 10, 1993: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 8T A. Establish a Public Hearing for April 5, 1993, for an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning" by Amending Section 205 04 04 I �.�t �a� �� 8-81 B. Establish a Public Hearing for April 5, 1993, for an Ordinance Establishing Chapter 208 Entitled "Erosion Control" to the Fridley City Code . . . . . . . . . . . . . . . � [ � �' � �� ....... 8J-8T Approve Trailer License Renewal for Friendly Chevrolet, Generally Located �� at 7501 Highway 65 N.E. . . . . . . . . . . . . . . � ��' / ...... 9-9D FRIDLEY CITY C4UNCIL MEETING OF MARCH 15, 1993 Page 5 NEW BU�INESS (CONTINUED�: Receive Bids and Award Contract for 1993 Misceilaneous Concrete Curb, Gutter and Sidewalk Project No. 245 �,�'�v �`'a�--" .......... ..... �� 4� ✓ 10 - 10B Resolution Ordering improvement, Approval of Plans and Ordering Advertisement for Bids: Street ��.i Improvement Project No. ST. 1 93 - 10 G� (Seaicoat) . . . . . . . . . � . . . . . . . . . . . . . . . 11 - 11 B `� • �� L(� \ � • Informa! Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . 12 � Claims . . . . . . . . . . �; :fr. . . . . . . . . 13 �� .............. / � � �� Licenses . . . . . . . . ti:'� . . . . . . . . . . . . . . . • . . . . . . . . 14 - 14A Estimates ADJOURN: � � � . . . G,�� . . . . . . . . . . . / ............ 15 . V " oison " reuention N(axeR 21- 27, 1993 ��,,,. WHEREAS, our society is becoming increasingly dependent on household chemicals to save time and labor, and on medicine to provide health-giving, life susta.ining miracles; and, WHEREAS, these products, when used incorrectly may be hazardous, particularly to children; and, WHEREAS, over the past 31 years, Poison Prevention Week has called nationwide attention to these hazards and that proper handling and disposal, and proper use of safety packaging can help eliminate accidents; and, WHEREAS, these programs must continue as long as even one child swallows a household product or medicine by mistake; NOW THEREFORE, BE IT RESOLVED, that I, William J. Nee, Mayor of the City of Fridley, hereby proclaim March 21- 27,1993, as Poison Prevention Week in the City of Fridley; and, BE IT FURTHER RESOLVED, that citizens, business people, and other levels of government be encouraged to continue their cooperation with community organizations and schools to develop programs which alert people to dangers associated with medicines and household products, and to promote ef�ective safeguards against accidental poisoning of our young children. IN WITNES5 WHEREOF, I have set my hand and caused the seal of the City of Fridley to be �xed this 15th day of March, 1993. WII.,LIAM 7. NEE, MAYOR THL MINOTES OF T8E REGIILAR MEETING OF THS FRIDLBY CITY COIINCIL OF MARCH 1, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:36 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• �- MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick MEMBERS ABSENT: None PRESENTATION OF CERTIFICATE OF APPRECIATION: WADE SAVAGE FOR SERVICE ON THE RICE CREEK WATERSHED DISTRICT BOARD OF MANAGERS• � Mayor Nee stated that the City Council would like to recognize the services of Wade Savage who has served this community very well for six years as a member of the Rice Creek Watershed District Board of Managers. He stated that Mr. Savage's dedication to protecting the environment and conserving wetlands, while representing all persons in the district, is truly appreciated especially by the residents of Fridley. Mayor Nee presented this certificate of appreciation to Mr. Savage, and the City Council members extended their appreciation. Mr. Savage stated that he was happy to be of service to the environment and to the City of Fridley. PRESENTATION OF AWARD: NATIONAL NIGHT OUT: Ms. Griep, Crime Prevention Specialist, stated that the National Crime Prevention Council celebrated the tenth birthday of the official crime prevention dog, McGruff. She stated �that in conjunction with this celebration Fridley participated in many events. Ms. Bauman, Crime Prevention Specialist, described the various crime prevention activities that were held throughout the year in Fridley which included McGruff visiting the schools, the senior FRIDLEY CITY COIINCIL MBETINa OF MARCfi 1 1993 PAQg 2 center, participating in the Fridley '49er Days parade with the block captains and an Easter event where children's fingerprints were taken. Ms. Griep presented the National Night Out Award to the City for dedication and hard work to reduce crime and for helping McGruff take a bite out of crime. Mayor Nee and members of the Council extended their congratulations to the staff for all their efforts and a job well done. PROCLAMATION• VOLUNTEERS OF AMERICA WEEK - MARCH 7-14, 1993: Mayor Nee issued a proclamation proclaiming the week of March 7 through March 14, 1993 as Volunteers of America Week. He stated that this program has been good for the City, and the relationship with the Volunteers of America has been very productive. He requested the proclamation be forwarded to this organization. APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY 22, 1993: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM; VISITORS: ` There was no response business. OLD BUSINESS• from the audience under this item of 1. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER (TABLED JANUARY 19, 1993 : Mayor Nee stated that the Council has received a letter from Gordon Backlund, Chairman of the Charter Commission, recommending that further consideration of these proposed amendments be terminated. MOTION by Councilman Fitzpatrick to receive the communication from the Chairman of the Charter Commission recommending that no further �....... .;_.. .:.......:� ........::.... .:..:::....:.. ...:>,..,,.r:..�- ....>...�..:x...;.;..: .n........ .... ............ { FRIDLEY CITY COIINCIL ME]3TIN(� OF MARCH 1. 1993 PAGE 3 consideration be given to these proposed Charter amendments. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to remove this item regarding the proposed amendments to Chapter 2 and Section 4.04 of the Fridley City Charter from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to refer these proposed amendments to Chapter 2 and Section 4.04 of the Fridley City Charter to the Charter Commission for further consideration at their request. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson, Mayor Nee, and Councilman Fitzpatrick voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. Councilman Schneider stated that he appreciated the Charter Commission's openness in looking at these proposed amendments, and he is happy they sought legal counsel. Mr. Hurit, Assistant to the City Manager, stated that the Charter Commission has learned through their discussions with legal counsel, and he was sure this issue would be back before the Council in a number of months. 2. SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS jREZONING, ZOA #88-04, BY COMMUNITY DEVELOPMENT CORPORATION (WESTMINSTERL]: Ms. Dacy, Community Development Director, stated that this property is a vacant parcel located north of St. William's church. She stated that the first reading of this rezoning ordinance was in March, 1989, and the final reading was withheld until all development proposals were processed. She stated that in addition to this rezoning, there is a request for a special use permit and a lot split. Mayor Nee stated that the parcei does not exist until action is taken on the lot split. • MOTION by Counciiman Schneider to table this item until after discussion on the requests for a special use permit and a lot split. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. (See page 11 regarding motion to table to the March 15, 1993 Council meeting.) FRIDL$Y CITY COQNCiL ME$TINa OF MARCB 1, 1993 PAQB 4 NEW BUSINESS: 3. RECEIVE ITEMS FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 24. 1993; A. SPECIAL USE PERMIT RE4UEST, SP #93-01, BY WESTMINSTER CORPORATION. TO ALLOW HOMES FOR THE ELDERLY, GENERALLY LOCATED NORTH AND EAST OF ST. WILLIAM'S CHURCH ABUTTING FIFTH STREET N.E.• Ms. Dacy, Community Development Director, stated that a similar request was submitted in 1988 for a seventy unit building. She stated that the application now being submitted is for a 51 unit building to provide housing for the elderly and handicapped. ,She stated that three units will be designed for handicapped individuals. Ms. Dacy stated that the proposed funding for this 51 unit building is through the Department of Housing and Urban Development's 202 Program. She stated that in order to be eligible for these units persons must meet qualifying income guidelines. Ms. Dacy stated that the project does not meet the minimum lot area requirement, and it is short by approximately 4,830 square feet. She stated that this shortfall is proposed to be resolved through the execution and recording of an open air easement on the church's - property adjacent to the south lat line. Ms. Dacy stated that 34 parking spaces are provided on the north of the building with an additional 45 "proof of parking" spaces indicated on the plan should the building demand additional parking. Ms. Dacy stated that the exterior of the building in the 1988 proposal was a combination of brick, stucco and aluminum siding. She stated that the petitioners are requesting that HUD fund a brick exterior and, if this is not possible, the exterior would be similar to the one proposed in 1988. She stated that the Planning Commission wished to recommend that the City assist Westminster in advising HUD that a brick exterior is a preferred alternative. Ms. Dacy stated that the petitioners are proposing the creation of a storm water pond at the southwest corner of the property. She stated that the City's Engineering Department has reviewed the plans, and they are satisfactory. , Ms. Dacy stated that the Planning Commission recommended approval of this special use permit with six stipulations which she outlined. She stated that the petitioner has indicated that HUD will not fund an irrigation system, and the petitioner requested additional time to install such a system. FRIDL$Y CITY COIINCIL MEETINQ OF MARCB 1, 1993 PAQ$ 5 Ms. Dacy stated that the petitioner has stated that HUD will not fund this project with a restrictive covenant against the property which dictates that the project is for eZderly and handicapped only. She stated that the petitioner has indicated that if the project were to convert to a non-elderly building, the payments on the mortgage would accelerate, and they believe this is a self- enforcing policy. Councilman Schneider felt that if the restrictive covenant was not a stipulation that the building could, at some future date, be sold and turned into an apartment building for the general public. Mr. Prentice, Project Manager for Westminster Corporation, stated that in terms of financing, HUD requires that for forty years the project conform to the limitations to rent exclusively to handicapped and qualifying persons. He stated that HUD does not want to have a property that has a title issue on it for whatever future eventuality there may be a problem in the use of the building. He stated that the program is intended to serve the elderly, but HUD would not provide the financing if there is a covenant on the property. Mayor Nee asked if there was a commitment for Section 8 financing. Mr. Frentice •stated that they have a commitment for Section 8 financing for the forty-year term to assist the residents with the rent. Councilwoman Jorgenson stated that she believed there were restrictive covenants on the Village Green complex, and that they could not be converted to open housing. Ms. Dacy stated that staff could research whether or not there is such a covenant on the Village Green property. Councilwoman Jorgenson stated that her concern was once the loan was paid off that the building may be converted for open housing. She stated that this has been done with hundreds of buildings owned by HUD. Mr. Prentice stated that, in this case, there is no provision for ending the term for forty years. Councilwoman Jorgenson asked the amount of rent that would be charged for these units. Mr. Prentice stated that the residents would pay thirty percent of their income. He stated that income guidelines are established by HUD, and they cannot be over fifty percent of the metropolitan area median. He stated that if a resident has a$600 per month income, they would pay $180 towards the rent and the difference to cover FRIDLBY CITY COIINCIL MEBTINQ OF MARCH 1, 1993 PAG$ 6 the building's operating cost would be provided by HUD. He stated that the rent would be about $600 per month which is really a hypothetical figure. Mr. Prentice stated that HUD does not allow for an irrigation system in the construction financing for this project. He stated that Westminster creates an affiliate non-profit board which becomes the owner of the development. He stated that the Board will be composed of residents of the building and members of the community. He stated that they hope to have an irrigation system, but their prospects for installing such a system will depend on the residual cash the project will generate at the end of each fiscal year. He stated that it has been possible in some of their other developments to install an irrigation system. He stated that he would not want to say they would install an irrigation system, because it is not something they have control over. Councilman Schneider asked if Westminster contributes funds to the development. Mr. Prentice stated that there is no developer fee for this project under the 202 Program. He stated that Westminster's fund raising campaign has to cover the developer's time. Councilman schneider asked how contingencies are covered. Mr. Prentiae stated that the operating budget establishes a reserve for these contingencies. He stated that it is hoped there is a way to install the irrigation system and establish reserves which can be used at the discretion of the local project board. He stated that if there is a commitment that the irrigation system is a top priority, it would be taken seriously. Councilman Schneider asked if management fees were paid to Westminster for this building. Mr. Prentice stated that they were paid management fees, and HUD reviews the operating budgets. Councilwoman Jorgenson asked what the cost to install the irrigation system would be. Mr. Prentice stated that the cost would be between $10,000 to $15,000. Councilwoman Jorgenson asked if HUD would allow a second mortgage on the property for installation of the irrigation system. Mr. Prentice stated that HUD would not allow a second mortgage. He stated that an irrigation system is not an easy item for which to raise funds. . FRIDLBY CITY COIINCIL MFETINa OF MARCB 1. 1993 PAa$ 7 Ms. Deb Bednarz, Westminster Corporation, stated that HUD does not allow items that they consider as amenities for low income housing. She stated that they would not allow a second mortgage that would be paid out of HUD funds. Any funds for an irrigation system would have to be through a grant. Councilwoman Jorgenson stated that the irrigation system is reguired under the City's code. If this requirement was waived for this development the City would receive similar requests from other developers. Mr. Prentice felt that it has to be taken into consideration that this is a use that is distinct and identified in many plans as a serious need for affordable housing for the elderly in this area, and it is by no means their choice not to comply with this requirement. He stated that it is something they cannot comply with at least not during the construction term. He stated beyond that time, they would make every effort to comply, but they would need additional time. Mayor Nee asked if they could comply with the requirement for the irrigation system in two years. Mr. Prentice stated that two years was better than one, and if they could not comply, they would come back to the Council with reasons why this could not be done. Ms. Dacy asked if the communication from Westminster Corporation dated March 1, 1993 regarding the irrigation system was what they propose for a stipulation. Mr. Prentice stated that it is a proposal which they are submitting. � Councilwoman Jorgenson stated that there probably could be a time frame of two years for installation of the irrigation system, and the City would try to assist Westminster with that goal. Mr. Prentice stated that he cannot commit that it would be done within that time, but he would commit that an effort would be made to install the irrigation system. Mr. Pfister, architect with Boorman, Kroos, and Pfister, stated that the building is oriented in an east/west direction. He stated that the residential units would face to the south or north overlooking a green area and not towards Moon Plaza. He stated that the narrow edge of the building faces 5th Street. He stated that this orientation is better for the residents of the building, as well as the adjacent residents. Mr. Pfister stated that there is a circular drive in front of the building with 32 parking spaces provided and space to extend the FRIDLEY CITY COIINCIL MBBTING OF MARCH 1, 1993 PAG$ 8 parking, if needed. He stated that there is a canopy over the entrance and a patio on the first floor in the center of the building, as well as a balcony. Mr. Pfister submitted a drawing of the building. He e�cplained the roof lines and said it would be an all brick building. Councilwoman Jorgenson asked if there is a space provided for dining. Mr. Pfister stated that there isn't a dining area but instead a community room located just off the entrance of the building. Councilwoman Jorgenson asked if all units are handicapped accessible. Mr. Pfister stated that all units are designed with enough space to accommodate the handicapped. He stated that three units would be fully equipped with handicapped features. Councilwoman Jorgenson asked the height of the electrical ontlets and if emergency pull cords would be installed in the baths and bedrooms. Mr. Pfister stated that the outlets would be raised to make them more accessible, and there are emergency pull cords in the baths and bedrooms. Mayor Nee asked the alternative plan if HUD did not approve the brick building. Mr. Pfister submitted a drawing of the alternate plan which would have a brick or textured block base with horizontal siding in the center, and the third floor would have a detail element around the perimeter and narrow lap siding. Mr. Pfister stated that the inside of the building would be sprinkled, and there would be elevators. Mr. Bruce Nelson, 90 Rice Creek Way, stated that he was a liaison from St. William's Church and has worked with Westminster, the architect, and building committee on this project. He stated that the planning for this project originally started in 1972 and evolved as part of the long-term planning of St. William's Church which felt there had to be some use of this land. He stated that one primary area that was considered was elderly and handicapped housing. He stated that the project was abandoned because of a lack of funding. Mr. Nelson stated that in about 1986, there was a church-wide survey and interest in proceeding with this project. He stated, that at this time, he became invo�v�c,i it3 the project. He stated that funds were appropriated to p�;��,e Westwinster Corporation, and FRIDLEY CITY COONCIL MEETINQ OF MARCH 1, 1993 PAG$ 9_ funding was extended for a land survey and soil tests. He stated that Westminster Corporation was selected primarily because of their history and involvement and dedication to the purpose of elderly and handicapped housinq. He stated that the church was looking for an administrative agent, as well as a designer. He stated that Westminster has approximately forty buildings, and 2,600 units they manage. Mr. Nelson stated that the church is actually selling land below market value. The church is willing to give up some property for the open air space and to work with the agent. He stated that he was in favor of this project and encouraged the Council to give Westminster an extension of time to install the irrigation system. He stated that the funding under the` 202 Program is very restrictive, and he did not know if this would be a one time option for this program. Mr. Terry Mickley, 241 Rice Creek Terrace, stated that he was a member of St. William's Church and a liaison that works with the developer. He stated that this project is completely different than a private enterprise project. He stated that he can appreciate the Council's concern about protecting the area by installation of the sprinkler system, but for this type of project where they are dealing with subsidized elderly housing, he hoped something could be worked out. He asked that the Council give consideration to expanding the time limits for the irrigation system in order to help with this project. Mayor Nee stated he understands that a separate corporation is the owner. He asked if there was a potential for selling this building. Mr. Prentice stated that there is a stipulation in the by-laws of a non-profit entity that if they sell off any of the assets, the assets must be disposed of to do the same function. He stated that an asset cannot be generated that can be made private. He stated that the Board is comprised of residents of the building and the community, and he felt the residents would not want to lose their housing. Councilman Schneider stated that it is not known what actions HUD may take in the future. They may sell off all their properties. He stated that his concern is that there is no protection for the City. He asked if staff had contacted HUD regarding the restrictive covenant. Ms. Dacy stated that staff had not been in contact with HUD, and she does not know the HUD rules for financing as well as Westminster. � Councilman Billings asked if there wasn't a proposal for elderly and handicapped housing, if staff would recommend this property be rezoned to R-3. FRIDLEY CITY COUNCIL MEETINt3 OF 1�L.A1tCH 1, i993 PAGS 11 and it is something that is needed in the community. She felt that once the building is constructed, funds would be available for the sprinkling system. MOTION by Councilman Schneider to table this item to the next meeting on March 15, 1993 and request staff to contact HUD particularly regardinq some form of assurances that the building at least for a forty-ysar period would be used for elderly and handicapped housing. 5econded by Councilwoman Jorgenson. Upan a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. RESOLUTION APPROVING A SUBDI`ITSION, LOT SPLIT. L.S. #93-01. TO CREATE TWO SEPARATE PARCELS GENERALLY LOCATED NORTH OF 61ST AVENUE AND WEST OF FIFTH STREET (WESTMINSTER CORPORATION)• MOTION by Councilwoman Jorgenson to table this item to the March 15, 1993 Council meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that it would be necessary for the Council to take action to table the rezoning for this development as covered under Item 2 on the agenda. 2. SECOND READING OF AN ORDINANCE TO AMEND THE GITY CODE OF THE CITY OF FRIDLEY MINNEStOTA BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING, ZOA #88-04, BY COMMUNITY DEVELOPMENT CORPORATION {WESTMINSTER): MOTION by Councilman Schneider to remove this item from the table and table to the March 15, 1993 Council meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE PROPOSAL FOR CURBSIDE AND MULTI-UNIT RECYCLING SERVICES• Ms. Dacy, Community Development Director, stated that the City requested and received proposals for comprehensive recycling services. She stated that the request for proposal included a two-year term, twice-a-month collection and acceptable materials to include cans, glass, newspaper, corrugated cardboard, magazines, and catalogs, sources separation mandatory for one to four unit buildings, commingled collection optional for five to twelve unit buildings, ninety gallon containers required for five to twelve unit buildings ta be paid for by contractor, and one promotional brochure to be paid for by contractor. FRZDLBY CITY COIINCIL MEBTINQ OF MARCH 1. 1993 PAGB 12 Ms. Dacy stated that proposals were received from Gopher Disposal, Super Cycle, Inc., and Waste Management, Inc. She stated that on February 22, 1993, Gopher Disposal withdrew their proposal, as they had underestimated the cost of providing the ninety gallon containers, overextended themselves in making the commitment to the additional $2,000 a year in promotional costs, and they were concerned about the unknown additional cost of the proposed Federal BTU tax. Ms. Dacy stated that staff recommends that Council accept Super Cycle's proposal for curbside and multi-unit recycling services, and that contract negotiatians be completed with submission of the contract at the March 15, 1993 Council meeting. She stated that Super Cycle submitted a competitive proposal and is capable of providing these services, and they have experience in providing multi-unit service. Councilman Schneider asked what the City was paying on the existing contract for curbside services. He stated that their propasal is for $1.43 for one to four units. Ms. Dacy stated that it is currently $1.00 per household. Councilwoman Jorgenson asked if the City was collecting telephone books. Ms. Campbell, Planning Assistant, stated that telephone books are not explicitly advertised as something the City would pick up, but if they appear with the recycling material Super Cycle would take them. She stated that the City could make the choice not to pick up any telephone books, but this is not a cost factor. Councilwoman Jorgenson stated that the telephone company is providing new telephone books to everyone which may be something a person does not want. She felt that the cost for disposing of old telephone books should be borne by the telephone company. Ms. Campbell stated that the only advantage of picking up telephone books is that it adds to the tonnage, but there is the question of picking up those recycling items that are not generated by the residents. Councilwoman Jorgenson stated that she is glad the City has some type of performance guarantee. She stated that at her home last Friday she picked up six pop cans that had been run over by the Super Cycle truck. She stated that this not only happened at her residence but all the way down the block. She stated there have been blocks that have been missed, and the City has tried to obtain a telephone number in the event they need to contact someone after normal business hours. She stated it is haped that this could be provided. FRIDLEY CITY COIINCIL MEETING OF MARC� 1, 1993 PAG$ 13 Mr. Tom Glander, representing Super Cycle, stated that he would investigate this problem. Ms. Campbell stated that Waste Management would have to purchase four new trucks to service Fridley. BFI did not submit a proposal, as they felt they could not compete with the other bids. MOTION by Councilwoman Jorgenson to receive the following bids for the curbside and multi-unit recycling contract: Bidder Gopher Disposal Super Cycle, Inc. Annual Proposal $141,047.88 (COLA in 1994) $152,372.64 Two Year Proposal $286,372.19 (Includes 1994 COLA) $304,745.28 Waste Management, Ync. $338,553.24 $677,106.48 Further, to direct staff to enter into contract negotiations with Super Cycle for a two-year contract and submit the contract to the Council at the March 15, 1993 meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE BIDS AND AWARD CONTRACT FOR STORM AND SANITARY SEWER REPAIR PROJECT NO. 242: MOTION by Councilwoman Jorgenson to receive the following bids for Storm and Sanitary Sewer Repair Project No. 242: Bidder Insituform Central, Inc. 6167 N. Kent Avenue Milwaukee, WI 53217 Total Bid $161,020.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Scott Erickson, Assistant Public Works Director, stated that only one bid was received for this project in the amount of $161,020.00. He stated that several different firms provide this type of service, but Insituform is the only one that handles pipes above a certain size. He stated that the pipes the City is relining range from 15 inches to 36 inches. He stated that other firms were not able to bid on this project for that reason. Mr. Erickson stated that in comparing the bid to prices for smaller pipelines, it is very competitive. FRIDLBY CITY COIINCIL MEBTINa OF MARCB 1. 1993 PAGB 14 Councilman Schneider asked if there wasn't another .company that has a process to accomplish this task without digging up the street. Mr. Erickson stated that this other process is a U-liner, which is a flexible pipe material installed inside the pipe. He stated that he understands that .Insituform is now a part owner in this process. MOTION by Councilman Schneider to award the contract for Storm and Sanitary Sewer Repair Project No. 242 to Insituform Central, Inc. in the amount of $161,020.00. Seconded by Councilwoman Jorgenson. Upan a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.� 6. RECEIVE BIDS AND AWARD CONTRACT FOR CORRIDOR MAINTENANCE PROJECT NO. 243• MOTION by Councilman Schneider to receive the following bids for Corridor Maintenance Project No. 243: Bidder Innovative Irrigation 10006 University Ave. N.W. Coon Rapids, MN 55448 Jon Isaacson Lawn Care 10515 County Road 116 Rogers, MN 55374 Weber Construction 11900 Fletcher Lane Rogers, MN 55374 Arteka-Natural Green 15195 Martin Dr. Eden Prairie, MN 55344 Total Bid $14,947.00 $16,990.00 $17,100.00 $19,000.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated that these bids are for cleaning up University Avenue and East River Road. She stated that when the fencing along University Avenue was discussed at the last Council meeting, she took offense that the City was not doing anything to clean up the appearance of University Avenue. Mr. Scott Erickson, Assistant Public Works Director, stated that this program begins April 15 and goes through August 1. After that time the Department of Transportation does the maintenance. He stated that the Department of Transportation does the maintenance monthly, and the City does it twice a month. FRIDL$Y CITY COIINCIL MEETING OF MARCH 1. 1993 PAQ$ 15 MOTION by Councilman Schneider to award the contract for Corridor Maintenance Project No. 243 to the low bidder, Innovative Irrigation in the amount of $14,947.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared .the motion carried unanimously. 7. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. � 8. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 48063 through 48208. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. LICENSES• MOTION by Councilman Fitzpatrick 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. ADJOURNMENT• ' MOTION by Counciiwoman 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 March 1, 1993 adjourned at 9:43 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � (—� Community Development Department C � PI�ANIVING DIVISION _ . �,_ City of Fridley DATE: March 11, 1993 �►N• � . TO: William Burns, City Manager,�. FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Conduct Public Hearing for a Vacation Request, SAV #92-03, by Bob's Produce Ranch; 7620 University Avenue N.E. Attached please find the above-referenced staff report. The City Council established March 15, 1993 as the date of the public hearing for the attached request as required by the City Charter. Staff recommends that the City Council conduct the public hearing. MM/dn M-93-112 � '_ STAFF REP�RT Community Development Department � Appeals Commission Date Planning Commission Date : February 10, 1993 City Council Date : February 22 1993 March 15 1�93 REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use{s} Utili#ies Park Dedication Watershed District ANALYSIS Financial I mplications � Conformance to the Comprehensive Plan � Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Attthor 1�M/dn SAV ��92-03 Mike/Bob Schroer To vacate street and utility easements 7620 University Avenue N.E. 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' �' � � .-�� E O = A' �� i, , I � (I�i (•)lDAO/ i N � �3 , .. �, 9. s . . i �� ;. � „ , —=�. ° • �:.,.� �aTM �er�u€ � KE � ts ' � '>� ., C�,san, _ e:,, � (.., � j _.+._z � C�') 6�J �Sa> 7�l•J� _ z�Ki .6j� j� 7 . __ .__ _ c_ � • 7 .1 .... . 1 � .. �� LOCATION MAP •l �II �[t�►��I!\: Staff Report SAV #92-03, by Bob's Produce Ranch Page 2 Request The petitioner requests that two easements be vacated: 1. A ten foot sanitary sewer easement. 2. A 50 foot street and utility easement. These are located on Lot 1, Block 1, East Ranch Estates 4th Addition. Vacation of these easements will prevent encroachment by the addition to the Bob's Produce Ranch facility located at 7620 University Avenue N.E. Analysis The sanitary sewer easement was originally dedicated as part of Lot l, Block 1, East Ranch Estates 1st Addition. There are no City utilities located within the sanitary sewer easement. The easement is parallel to the north lot line of what once was Lot 1, Block 1, East Ranch Estates ist Addition. As the property has been replatted, the easement now runs through the middle of the development parcel. A Metropolitan Waste Control Commission sanitary sewer easement is located directly north of the subject easements and the City has utilities located there. The subject sanitary sewer easement is redundant and unnecessary. The 50 foot street and utility easement was dedicated as part of East Ranch Estates 3rd Addition. It appears that the intent of the easement dedication was to connect 77th Avenue N.E. to the west through the development parcel. The City recently vacated a portion of 77th Avenue N.E. on the west side; therefore, maintaining the 50 foot street and utility easement would not be logical. The street system in the area provides adequate access to the subject parcel and adjacent parcels, therefore, maintaining the 50 foot street and utility easement is not necessary. The utility companies have reviewed the request and have no objection to it. The City has retained appropriate easements for the utilities.in the area. Recommendation Staff recommends that the Planning Commission recommend approval of the vacation request, SAV #92-03, to the City Council as the subject easements are not needed. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 1D i I , � � � I I W � ? 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' ; -�� h .=;l,v � , t;:. y r, „^ z � ' PROPERTY INFORMATiON � site plan�equired for submittal, see attached ° � � x. ,. , �� °��' � �� { . �, �� ' � � � -. - � : . :� aaa��s: �v �O `- C,�� `Q��;,�:� t � -�� `'� - � �� " r , . . .., ..: ��. .e .-- ° 4.s ,. .,.. , Property Identification Number (PIN) � � � ' � I —3� -24 -�2 �l�' Legal description: L��% ` � Q�r��C '' � �'�i� � I�c,� rk c�s 7a��-� �.r � s�Or�� j-j---- Lot Block � TracdAddition % � � . • o -� .; Legal description of easement to be vacated: Current zoning: , = Square footage/acreage Rea.son for vacation: -��-i,.� (�on��r�� o-� ou.r ��.�cQ�H� .�h�� C�QJP�rn� �.► a�c�e� w�'�h r►a place �fa 8Q Have you opera.ted a business in a city which required a business license? Yes _.f No � If yes, which ciry? �" �.; If yes, what type of business? Was that license ever denied or revoked? Yes No '� �EE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) N� i� e r L ,/�s: .i D i - —L�rc 1� � ��3� DAYTIMEPHONE S}%/��_ SIGNATURE DATE /o� ad�e? PETITIONER INFORMATION NAME ��.p Ct1,( C�p, r p ADDRESS .; ,� �; � .t � � � r DAYTIME PHONE j SIGNATURE �� DATE 1'�- 3o yz— Fee: $150.00 � , Permit SAV # —D ipt # 1�C�C� l��o � Application received by: Scheduled Planning Commission date: 1 i � ;. �� ; Scheduled City Council date: _ . < - ., � ; , f � ; ��1 G}¢ > : , , ' s. �� o� CITY OF FRIDLEY M E M O R A N D O M TO: WILLIAM W. BORNS, CITY MANAGER � �Y'� • FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SUBJECT: PUBLIC HEARING FOR INT�L CIIRRENCY EXCHANGE DATE: MARCH 18, 1993 Attached is the Public Hearing Notice for Int'1 Currency Exchange Inc. As of April, 1992, State Statute requires the Department of Commerce to notify the municipality in which the licensure proposes to conduct business. The municipality is then required to hold a public hearing to solicit testimony from interested persons. C� CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on March 15, 2993 at 7:30 p.m. on the question of issuing a currency exchange license to Int'1 Currency Exchange Inc for the property located at 7893 East River Road. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than March 8, 1993. Anyone having an interest in this matter should make their interest known at this public hearing. William A. Champa City Clerk Publish: March 2& March 9, 1993 2A CITY OF FRIDLEY COMMI88ION TERMS THAT WILL E%PIRE IN 1993 FOR CITY COifNCIL CONSIDERATION Term Term Present Members Expires Appointee Expires PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term) GENERAL Dave Newman 4-1-94 CHAIR VICE-CHAIR CHAIR David Kondrick 4-1-94 PARRS & • REC. CHAIR Bradley Sielaff 4-1-94 ENVIRON. QIIALITY CHAIR Diane Savage APPEALS COMM. CHAIR Susan Sherek HUMAN RES. AT Dean Saba LARGE AT Connie Modig LARGE CHAIR VICE- CHAIR CHAIR VICE- CHAIR 4-1-95 4-1-93 4-1-95 4-1-93 ��J� ' � 4'" 4-1-96 4-1-96 APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) Diane Savage 4-1-95 � Larry Kuechle 4-1-93 { 4-1-96 Kenneth Vos 4-1-93 4-1-96 Catherine Smith 4-1-94 Carol Beaulieu 4-1-94 ENVIRONMENTAL OOALITY AND ENERGY COMMISSION (Chapter 6) (7 Members - 3 Year Term) Bradley Sielaff 4-1-94 Bruce Bondow 4-1-95 Dean Saba 4-1-95 Steven A. Stark 4-1-95 Richard Svanda 4-1-94 Susan Price 4-1-93 John Velin 4-1-93 �� 4-1-96 4-1-96 � CHAIR VICE- CHAIR CHAIR VICE- CHAIR CHAIR VICE- CHAIR Term Present Members Expires Appointee HIIMAN RESOIIRCES COMMISSION (Chapter 6) (5 Members - 3 Year Term) � Susan Sherek 4-1-93 �� 4-1-96 Susan Jackson 4-1-94 LeRoy Oquist Charles Welf Terrie Mau 4-1-95 4-1-95 4-1-93 �� 4-1-96 PARRS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term) David Kondrick 4-1-94 Mary Schreiner 4-1-94 Dick Young Tim Solberg John Gargaro 4-1-95 / 4-1-95 4-1-93 � 4-1-96 CABLE TELEVISION COMMISSION (Sec. 405.28 ��"5 Members-3 Yr. Termj . ,�`-' . Ralph Stouffer 4-1-93 ;y"�� 4-1-96 i1 Robert Scott 4-1-94 � Duane Peterson 4-1-95 Paul Kaspszak 4-1-94 Burt Weaver 4-1-93 .� 4-1-96 POLICE COMMISSION (Chapter 102)(3 Memb 3 Year Term) CHAIR Tim Breider 4-1-93 4-1-96 John K. Hinsverk 4-1-94 � Mavis Hauge 4-1-95 HOOSING AND REDEVELOPMENT AOTHORITY (5 Members - 5 Year Term) CxAIR Larry Commers 6-9-94 VICE- Virginia Schnabel 6-9-95 CHAIR John E. Meyer 6-9-96 J. R. McFarland 6-9-97 Duane Prairie 6-9-93� 6-9-98 CITY OF FRIDLEY PLANNING COMMIBSION MEETING, FEBRIIARY 24, 1993 MMMNMMMNM,V M M.YMM�►NtiM.YtiMM�M�M�MM.►MMMMMMtiMMNMMNNMMMMMNMw,YNNMMM�NwMwM CALL TO ORDER• Chairperson Newman called the February 24, 1993, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Newman, Dave Kondrick, Sue Sherek, Diane Savage, Connie Modig, Brad Sielaff Members Absent: Dean Saba Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Chuck Prentice, Westminster Corporation John Culligan, Boorman, Kroos, Pfister Jim Saefke, 6131 - 5th Street N.E. Ted Shirley, 6242, 6252, 6272 - 5th St. N.E. Lewis Doyle, 25 - 63rd Way N.E. Virgil Farasyn, 700 Rice Creek Terrace Terry Mickley, 241 Rice Creek Terrace Josephine Hammer, 871 West Moore Lake Drive Joseph Maertens, 144 River Edge Way APPROVAL OF FEBRUARY 10 1993 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Sherek, to approve the February 10, 1993, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. (TABLED 2/10/93j PUBLIC HEARING: An amendment to the Fridley City Code Chapter 208, entitled "Erosion Control", to: A. Eliminate soil erosion when possible. B. Establish standards and specifications for conservation practices and planning activities which eliminate or minimize soil erosion and sedimentation MOTION by Ms. Savage, seconded by Mr. Kondrick, to remove this item from the table and reopen the public hearing. DPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NE�PM.AN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING REOPENED AT 7:35 P.M. � PLANNING COMMISSION MEETING, FEBRIIARY 24. 1993 PAGE 2 Ms. McPherson stated that at the February 10, 1993, Planning Commission meeting, the discussion focused on the Securities paragraph of Chapter 208 which is to establish an erosion control requirement for new developments and/or alterations to existing developments within the City. The new ordinance sets forth standards for eliminating erosion and, in cases where elimination of erosion is not possible, to minimize the impacts of erosion. The Commission was unclear as to what the total monetary effects of the Securities paragraph would require. Ms. McPherson stated staff amended the paragraph by breaking the paragraph into discreet parts so that the requirements for securities is very clear. So, if a conservation plan is required as,part of a building permit application, the current requirements in Chapter 205 would be required to cover the conservation plan. That is the City's typical performance bond which covers all outdoor improvements, i.e., landscaping, irrigation, parking lot improvements, curb and gutter. The list would also be expanded to include the elements for the conservat�ion plan such as silt fencing, detention ponds, etc. It would not be an added security over and above the 30 of the construction value which the City already requires. Ms. McPherson stated she spoke with the Engineering Department to clarify their intent for� the land alteration permit, and the language under the Land Alteration Permit will need to be amended to reflect the following policy. Typically, on land alteration permits, the Engineering Department requires a 5� surety of the value of the work. That will cover any stipulations the Engineering Department may apply to the land alteration permit. So, the Engineering Department would expand their stipulations to have that 5% they require to also again cover the requirements of the conservation plan. She stated that the ordinance as presented to the Planning Commission does not reflect that change, but that change will be made prior to the City Council meeting. Ms. McPherson stated staff believes the revised language clarifies and expressly states what the ordinance requires as far as securities. Staff is recommending that the Planning Commission recommend approval of the amended ordinance. Mr. Sielaff referred to Section 208.06.11 under Design Standards, which states: "Grading shall not be done in such a way so as to divert water onto the property or another landowner without the written consent of that landowner." Does that mean a landowner does not have to implement the erosion control practices if the adjoining neighbor has no objection? Ms. McPherson stated that item should be corrected based on the City Attorney's review of the ordinance. There is another section in the zoning ordinance which prevents substantial diversion of the water in any rate or quantity from one property to another. This item has to be rewritten to be consistent with existing policy. ��1 PLANNING COMMISSION MEETING, FEBRIIARY 24, 1993 PAGB 3 Mr. Sielaff asked if there was any justification for the "18� in grade" as stated in Section 208.06.16. Ms. McPherson stated that is a mistake; it should be 12�. MOTION by Ms. Savage, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON NEIiMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:�5 P.M. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend to City Council approval of an amendment to the Fridley City Code Chapter 208, entitled "Erosion Control" with the further changes to Section 208.07, Securities, as presented by staff; Section 208.06.11 to be amended to conform with recommendations from the City Attorney; and Section 208.06.16 to be amended to reflect a 16� grade rather than a 12� grade. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #93-01, BY WESTMINSTER CORPORATION: Per Section 205.09.01.(C).(7) of the Fridley City Code, to allow homes for the elderly on Lots 1-16, Block l, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. William's Church abutting 5th Street N.E. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPER30N NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:47 P.M. Ms. McPherson stated this property is generally located west of 5th Street and east of Moon Plaza and north of the St. Williams Church administration building. The property is currently.zoned both C-3, General Shopping District, and R-2, Two Family Dwelling. Ms. McPherson stated that in 1988, the City Council reviewed a series of land use requests for this same parcel of land which included a special use permit for elderly housing, a lot split to create a separate development parcel, and a rezoning request to rezone the property from its current zoning to R-3, General Multiple Dwelling. At that time, the Council held the first reading of the ordinance to rezone the property, and the Council will need to hold the second and final reading as required by City Charter to rezone the property to R-3, General Multiple Dwelling. Ms. McPherson stated the proposal in 1988 was to construct a 70 unit, three story elderly high rise facility with underground � ' PLANNING COMMI88ION MEETING, FEBRIIARY 24. 1993 PAGB 4 parking. The project was comprised of 50 one-bedroom units and 20 two-bedroom units. The project was intended to be a combination of brick, siding, and stucco for the exterior treatment. The project was not constructed due to the lack of available funding. Ms. McPherson stated the current proposal is for a three story, multiple family dwelling for elderly and handicapped persons and is a 50, one-bedroom facility. The petitioner is proposing an all- brick exterior and there will not be any underground or surface garages. The building is proposed to be built perpendicular to 5th Street in an east/west orientation with an open lawn area to the south. The entrance to the building will face north, and the surface parking lot will also be to the north. Ms. McPherson stated that as proposed, the building meets the minimum setback, height, and lot width requirements for the R-3, General Multiple Family Dwelling district. However, the building does not meet the minimum lot area requirement of 127,500 square feet. The lot�area is calculated by multiplying the number of units by 2,500 square feet. Ms. McPherson stated an open air easement is proposed to the south of the proposed south property line which is intended to meet the minimum lot area requirement. This open air easement is roughly 4,800 square feet in area. In 1988, a similar solution was proposed for the original 70-unit building; however, the open air easement needed to be 37,600 square feet in area. Ms. McPherson stated that 34 surface parking spaces are proposed to be constructed located north of the building. The building has been designed so that large vehicles can utilize the pick-up/drop- off area in front of the building. The petitioner is also proposing "proof of parking" directly north of the proposed parking area. This proof of parking is required in order to meet the minimum number of parking spaces which is 77. In managing similar proj ects, the petitioner has determined that the original 34 spaces will be adequate; however, if demand is greater, they will have adequate space to construct the additional spaces. Ms. McPherson stated the petitioner has submitted a preliminary landscape plan as required by code. The landscape plan meets the minimum code requirements set forth in the R-3 zoning district. A screening fence or some type of screening is required between the multiple family district and the two family district to the north. Underground irrigation is also required by code. A grading and drainage plan has been submitted and reviewed by the Assistant Public Works Director, Scott Erickson. The petitioner has submitted amended plans based on Mr. Erickson's review. The petitioner has also signed and submitted to staff a stormwater pond maintenance agreement that has been sent to Anoka County to be recorded against the property. Ms. McPherson stated the petitioner has submitted elevation plans of the proposed development. The petitioner is proposing an all- 4C PLANNING COMMISSION MESTING. FEBRIIARY 24, 1993 PAGS 5 brick exterior at this time; however, it is possible that the Federal Government through HUD may not agree to finance the all- brick exterior. Therefore, the petitioner has developed a second exterior plan which would utilize both brick and siding. Both exterior plans are acceptable to staff. Ms . McPherson stated that as the proposed proj ect meets the minimum requirements of the R-3, General Multiple Dwelling district, staff recommends that the Planning Commission recommend approval of this special use permit request to the City Council with the following five stipulations: l. A storm water pond maintenance agreement shall be executed and recorded against the property. 2. An open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against St. Williams property. �The proposed easement language shall. be reviewed by the City Attorney prior to execution. 3. An underground irrigation system shall be installed. 4. The applicant shall record restrictive covenants dictating that the project is for the elderly only and is not an apartment to be rented to the general public. The covenants shall be reviewed and approved by the City Attorney's office prior to recording. 5. Lot split request, L.S. #93-01, shall be approved. Mr. Kondrick stated he is concerned about lighting in the parking lot area. What provisions have been made for lighting in the parking lot area, and what type of light standards are proposed? Ms. McPherson stated lighting in the parking lot is shown on the site plan. The petitioner will have to address the type of lighting. Mr. Kondrick stated he is concerned about the exterior of the building. He wanted to make sure that this is a building that is going to look nice, rather than a design that will make the building look like a barracks. It has to be a building that the residents will be proud to live in and that will not be an eyesore to the neighbors. Ms. Dacy stated that is the reason staff asked the petitioner to submit the second elevation. If the all-brick exterior is not approved by HUD, the second elevation; a combination of siding and brick, is similar in design to the elevation approved in 1988. If the Commission feels the second alternative design is not acceptable, the Commission will need to express that to the petitioner. `i � � i PLANNING COMMISSION MEETING, FEBRIIARY 24, 1993 PAGB 6 Ms. Sherek stated that stipulation #4 indicates that the project is for the elderly only; yet staff stated that this is a project for both elderly and handicapped. Ms. McPherson stated that the petitioner has indicated that this is for both elderly and handicapped persons so stipulation #4 will have to be amended to reflect that. • Ms. Modig stated there will be 51 units in the building, yet only 34 parking spaces are proposed at this time. Where is the visitor parking? Ms. McPherson stated the parking is proposed for both resident and visitor parking. This is based on Westminster's experience for parking needs at similar facilities. Ms. Modig asked who will monitor who is parking in the lot. Ms. McPherson stated monitoring will have to be done by the resident manager. Certain spaces will be clearly marked as visitor parking only. Mr. Chuck Prentice, Westminster Corporation, stated he is the Budget Manager for this project. Long before his involvement or Westminster's involvement with this project, St. Williams Church was interested in helping to bring about a development for senior citizens on this site beginning in about 1972. In the mid-1980's, St. Williams contacted Community Development Corporation of the Arch Diocese of St. Paul/Minneapolis which resulted in the 1988 proposal. The Community Development Corporation of the Arch Diocese changed hands and became Westminster Corporation. From 1988 to the present, they have followed through with the church council and, at this time, have won a commitment from HUD for a "Reservation of Funds" for this project. HUD will provide the money to build the project and will provide the Section 8 subsidy for rents in the project. The rent for all the units will be according to the Section 8 rule which is that persons of qualifying income would pay 30� of their monthly income for rent. Mr. Prentice stated there is certainly a need for senior housing in Fridley. In their submittals to HUD, they have had very strong substantiation of the need from documents that have been produced by Anoka County, the Metropolitan Council, and the Housing Study done for the City of Fridley. Most recently, they have received documentation from St. Williams which was a listing of 65 people who have inquired about this housing. In addition, he contacted the manager of the Village Green development which has 100 units for senior citizens. The manager told him she was very glad to hear about this development. Village Green's waiting list is upwards to five years. So, there is a definite need for affordable housing for the elderly in this area. Mr. John Culligan, Architect from Boorman, Kroos, Pfister, stated that he was also involved with the original design in 1988. He 4E PLANNING COMMISSION MEETING, FEHRIIARY 24. 1993 PAGE 7 stated that of the 51 units, there are 50 one-bedroom units and one two-bedroom unit for the resident manager. The one-bedroom units are 545 square feet in size, the maximum allowed by HUD. Mr. Culligan stated that regarding the site plan, there are several design aspects he would like to point out. The building is three stories, approximately 40 feet in height from grade to the top of the roof. They were concerned about the scale of the building relative to the neighborhood, so their site plan reflects their design inputs to accommodate that. The building is designed at a 90 degree angle to 5th Street to reduce the scale of the facade to the street. Another concern was the location of the building footprint relative to the size of the overall property configuration. By locating the parking and the entrance on the north side of the building, they were able to create two green spaces for the residents, also reducing a negative impact to the neighbors to the north. They took advantage of the dip in grading so that the building is actually about 7 feet beiow the street level, so the height actually becomes 33 feet in height from the surface of 5th Street. Mr. Culligan stated that regarding the lighting, they are also concerned about adequate lighting in the parking lot and access to the building. These are single shoebox type light fixtures that light the parking surface and sidewalks only, and the poles are at 15-18 feet in height. Mr. Culligan stated are requesting the approval of two schemes, one of which is the all-brick scheme. They will be proposing the all-brick scheme to HUD. However, they are concerned about a commercial appearance with a three story, all-brick building so they have taken steps to reduce the vertical scale of the building and emphasize the horizontal scale of the building. Mr. Culligan stated that in terms of the second scheme, a combination of brick and steel siding, they are utilizing the same design concept of reducing the vertical scale and emphasizing the horizontal scale of the building. Mr. Prentice stated they will soon be presenting to HUD the design and the estimates of the costs associated with the design. HUD will then review that. The Federal Section 202 program which is a program for affordable housing for elderly and handicapped will not fund certain things, and one thing they will not fund is the development of garages.. That is why garages are not proposed with this development. HUD will also not fund irrigation systems. He is referring to stipulation #4 and wondered if that stipulation could be waived or put on some time of time plan under which they could meet the stipulation after the initial development. Mr. Kondrick stated that south of the proposed building, there is a large play area, a softball area. How far will the building be from this area? He would � be concerned about is noise from this play area would be objectionable to the residents of the building. 4F � PLANNING COMMISSION MEETING, FEBROARY 24. 1993 PAGE 8 Mr. Culligan stated the play area is about 200 feet from the edge of the building. They are creating a grassy area and are providing landscaping and trees along 5th Street. They are also submitting to HUD an upgraded landscaping plan that will create a shrubbed plaza area off the main first floor lounge with a balcony deck for the residents to enjoy the back yard. They will also be designating a certain area as a garden area. He did not think� sound traveling over 200 feet and penetrating an insulated exterior wall is going to be a problem. Windows may be open in the summer, but air conditioner sleeves will be provided for each unit. Ms. McPherson stated there are families with small children who live north of the proposed project in the duplexes. The City has never received any complaints from the existing neighborhood regarding any noise. She did not know how this could be controlled unless the church chose to control who uses the church property as a play area. Mr. Sielaff asked about building maintenance, and who would make sure that the building is maintained. Mr. Prentice stated he is not aware of any HUD requirement for maintenance of the building. Ms. Dacy stated that every year the owner and management company will have to submit a rental license application. The building will have to meet building codes and City building code. Mr. Newman stated that if staff determines that additional parking is needed, will Westminster have the resources available to pay for the installation of additional parking? Mr. Prentice stated it might be a question of having to respond over time incrementally. Their experience has led them to believe that the entire additional area would not need to be done six months after the building is built. If there is a need for 6-10 parking spaces, because it probably could be treated on that kind of incremental basis, he believed the project would be able to support that additional expenditure. Also, based on their experience, they have found that larger number of parking spaces is generally needed at the start-up of the building. As residents age, some of them who came in owning a car may end up giving up their cars. Ms. Modig stated that might be true for the elderly; however, this building is also for the handicapped. Mr. Prentice stated there are only three handicapped units in the building. For a person with a handicap other than a wheelchair- type handicap, if they meet the income guidelines, they would be eligible for the other units. 4G PLANNING COMMI88ION MEETING. FEBRIIARY 24, 1993 PAGB 9 Ms. Modig asked if there is any age restriction for the handicapped. • Mr. Prentice stated he did not know if there is an age restriction for the handicapped. Mr. Kondrick asked what is to prevent this building from changing from a building for the elderly and handicapped to a building that can be rented by other low income people. Mr. Prentice stated one factor in limiting the building to another type of use is that there will be 50 one-bedroom units. The 40 year term of the mortgage would accelerate and be due and payable at any time during that 40 years if they did not continue to meet the HUD rules that all their residents conform to HUD Section 8 standards for the elderly and handicapped. So, during that 40 year period, if they tried to have residents other than Section 8 qualified elderly and handicapped, they would have a huge debt accelerate on the property. To clarify, this is Section 202 which is HUD financing for the development of housing for the elderZy and handicapped and carries with it a Section 8 provision to provide subsidized rents for the residents over the 40 year period. Ms. Sherek stated that stipulation 4 talks about the recording of restrictive covenants dictating that the project is for the elderly and handicapped. Mr. Prentice stated another assurance is that this project is being developed by Westminster CorporatiQn and will be owned by a local affiliate non-profit board. Both are non-profit entities formed and dedicated to the provision of affordable housing. Mr. Newman stated that for the purpose of restrictive covenant, what age is defined for the elderly? Mr. Prentice stated that the age for the Section 202 provision is 62 years of age; and, in the case of a couple, one person must be 62 years of age. Perhaps the wording could be added to stipulation #4 such as "in conformance with the requirements of the HUD Section 202 program". They are comfortable with the restrictive covenant being placed on the property for the affordability concern and for the type of housing for senior citizens. Mr. Joe Maertens, 144 River Edge Way, stated he owns the duplex directly to the north of this proposed development. He stated he is very pleased with the design and layout of the building. He especiaZly likes the buffer between the apartment building and the duplexes. He stated he is strongly in favor of an all-brick exterior, especially �n a residential neiqhborhood. In his opinion, siding on a building of this size would be a serious degradation in quality. Mr. Jim Saefke, 6131 - 5th Street, stated he has lived directly across from this proposed development for about 19 years. After L: ]1J PLANNING COMMISSION MEETING, FEBRIIARY 24, 1993 PAG$ 10 looking at the back of Moon Plaza and dumpsters for many years, he is very pleased with this particular design. It is also a great use for this piece of property. It outranks a lot of other things that could go into that particular area. He would welcome senior citizens and handicapped to this neighborhood. Mr. Saefke stated he is also the President of the St. Williams Parish Council which has reviewed 'these plans, and they do not have any problem with the easement requir.ement or the green space. He would prefer to have the all-brick exterior a1so, but would be in favor of the brick/siding exterior if necessary. He stated there is a good mix of young, middle age, and older people in his neighborhood. The road was built to handle this additional traffic. Mr. Saefke stated that he sees very .little use of the play area, except when neighborhood children get together to play ball. Mr. Bruce Nelson, 90 Rice Creek Way, stated he is a member of St. Williams and part of the group who have been working on this project for a number of years. The Church itself has expended a considerable amount of money to get to this point. He stated the play area is somewhat bermed so it is not a very large area. Mr. Nelson stated the way the parking lot is laid out, some of the spaces are wider so from the standpoint of access for the handicapped persons, this will also help. Mr. Nelson stated that in making their initial selection, they chose Westminster primarily because of their broad-based experienae and long term commitment to housing for the elderly and handicapped. Mr. Kondrick asked about building security. Mr. Culligan stated that the main front vestibule has a telephone buzzer system access for the residents and the community room. The end stairwell doors are locked from the outside 24 hours a day. Mr. Newman asked if the petitioner is looking at seamless steel siding. It would certainly approve the appearance of the building. Mr. Culligan stated the specifications have not yet been fine- tuned. They could make that part of the recommendations. Ms. Dacy stated that since the petitioner has raised the issue about the cost of underground irrigation, the Commission may want to consider amending stipulation #3 to provide a 2-3 year timeframe for the petitioner to comply. It would be consistent with other stipulations in the past like hard surface driveways, installation of landscaping, etc. Mr. Virgil Farasyn, 700 Rice Creek Terrace, stated he is a member of St. Williams and a resident of Fridley for many years. He � PLANNING COMMISSION MEETING. FEBRIIARY 24, 1993 PAGE 11 wanted to express his support for the project. As a member of St. Williams, he would rather see an apartment for the elderly than some commercial building that would degrade the property. MOTION by Mr. Kondrick, seconded by Ms. Savage, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TH8 MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9t10 P.M. Mr. Kondrick stated he believed that the Commission should add a stipulation to recommend only the all-brick exterior. In stipulation #4, he would like to insert wording that qeiarantees that the project will be for the elderly and handicapped for the 40 years. Ms. Dacy stated it was staff's interpretation that it would be in perpetuity and run with the property. Ms. McPherson stated staff will research this to see if there is a statutory limit. Mr. Kondrick stated he is very reluctant to either waive the underground irrigation requirement or provide a timeframe for compliance (stipulation #3). Ms. Dacy suggested a timeframe for the irrigation system of one year from the certificate of occupancy. Mr. Newman asked if the petitioner would be agreeable to that deadline. Mr. Prentice stated he is unable to answer that. It was his understanding that the Board wou].d be more comfortable with a 2-3 year timeframe. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to recommend to City Council approval of special use permit, SP #93-01, by Westminster Corporation, per Section 205.09.01.(C).(7) of the Fridley City Code, to allow homes for the elderly on Lots 1-16, Block l, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. Williams Church abutting 5th Street N.E., with the following stipulations: 1. A storm water pond maintenance agreement shall be executed and recorded against the property. 2. An open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against St. Williams property. The proposed easement language shall be reviewed by the City Attorney prior to execution. 4J PLANNING COMMISSION MEETING, FEBRQARY 24, 1993 PAGE 12 3. An underground irrigation system shall be installed one year from the issuance of a certificate of occupancy. 4. The applicant shall record restrictive covenants against the property which dictate that the project is for the elderly and handicapped only; elderly defined as those persons 62 years of age and over, and handicapped as defined in Section 202 regulations. The covenants shall be consistent with Section 202 regulations, and if 5ection 202 regulations are amended, said covenants shall be amended with the mutual consent of the City of Fridley. The covenants shall be in effect for a minimum of 40 years and longer if the laws allows. The covenants shall be reviewed and approved by the City Attorney prior to recording. 5. Lot split request, L.S. #93-01, shall be approved. 6. The exterior of the building shall be of all-brick construction. Ms. Modig stated she is concerned about stipulation #6. She did not want to create a timeframe problem for the developer. Ms. Sherek stated that if the all-brick exterior is not acceptable to HUD, and the petitioner has to revise the proposal for the exterior for brick and steel siding, she did not believe it would be necessary for the petitioner to come back before the Planning Commission. The petitioner could go directly to the City Council. The Commission members agreed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISI,Y. 3. CONSIDERATION OF A LOT SPLIT REQUEST. L.S. #93-01, BY WESTMINSTER CORPORATION: To create a separate parcel from the Norwood Addition to Fridley Park plat,-to be described as Lots 1-16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. Williams Church abutting 5th Street N.E. MOTION by Mr. Kondrick, seconded by Ms. Modig, to open the informal public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE INFORMAL PIIBLIC HEARING OPEN AT 9:20 P.M. Ms. McPherson stated the third and last land use request is for a lot split. Currently, the proposed development parcel is under the ownership of the St. William's Church and is considered part of the entire property. The lot split request is to create a L�►\ PLANNING COMMISSION MEETING, FEBRIIARY 24. 1993 PAGE 13 separate development parcel which will then be conveyed to Westminster Corporation to construct the proposed building. Ms. McPherson stated that as mentioned earlier in the special use permit discussion, the proposed development parcel does meet the minimum lot width requirement; however, it is 4,830 square feet short of the minimum lot area requirement. Again, the minimum lot area is calculated by multiplying the number of units (51j by the average square footage required in the code, which is 2,500 square feet of land area per unit. This calculates to 127,500 square feet, and the proposed development parcel is 122,670 square feet. To rectify the shortfall, the petitioner has proposed to execute and record against the church property an open air easement to create this 4,830 square feet. This easement is proposed to be located along the south property line of the proposed development parcel. Ms. McPherson stated that in 1988, this resolution of lack of lot area was posed , for �n open air easement totalling 37, 600 square feet. A proposed easement was not drafted at that time; however, staff is recommending that if the project is approved with the easement to be required, the language be reviewed by the City Attorney prior to the execution of the easement. Ms. McPherson stated the surveyor has submitted the legal description for the proposed development parcel; however, in order to execute the resolution approving the lot split, the surveyor will also be required to submit the legal descriptions for the remaining St. William's Church property. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the lot split request to the City Council with the following two stipulations: l. The petitioner shall execute and record an open air easement to provide an additional 4,830 square feet of land area on the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. 2. The surveyor shall submit the legal description for the remaining St. William's parcel prior to submission of the resolution for City Council approval. Mr. Newman asked how far the property line would have to be moved to avoid the need For an easement. Ms. McPherson stated the property line would have to be moved approximately 15.8 feet. Mr. Newman asked if staff has discussed this with the petitioner. Ms. McPherson stated staff did discuss the fact that a relatively minor amount of movement of the lot line would be needed in order 4L PLANNING COMMISSION MEETING, FEBRIIARY 24, 1993 PAGE 14 to meet the minimum lot area requirement. The petitioner told staff they would discuss this issue with St. William's. She did not know the results of that discussion. Mr. Prentice stated regarding the question of whether they could handle this additional parcel by sale rather than by easement, when staff raised that question, he discussed it with members of St. William's Church. What Westminster has available in the deve-lopment to provide to the church from HUD is the amount that they have agreed on with the church. They do not have the leeway in their development financing proforma to add an additional amount for land at this time.� The church members felt that if they were to sell extra land, they would like to get some extra money for that land. When they knew Westminster could not provide that extra money, the church members agreed to just leave the land sale and proceed with the easement. Mr. Newman asked where the open air easement begins. Ms. McPherson stated that the original lot split request in 1988 was approved with the easement making up the easement of the 37,000 square feet, but it never got to the stage of drafting the language for the easement. Ms. Dacy stated it was her understanding that this open air easement option was discussed with Westminster at that time, and it was very similar in nature to an easement that, for example, the Building Code would require if there is a certain type of construction and there has to be 60 feet of clear space around the building. That issue came up when Wal-Mart was proposing to build just north of Sam's Ciub prior to Wal-Mart moving to the 85th Avenue site. It was her understanding that the open air easement starts at the surface and goes up into the air to preserve that extra area. Mr. Newman stated he is concerned about this. It appears that by approving this request, the City would be creating a lot that would be nonconforming right away, and he did not see any physical reasons why that property line cannot be extended. For all practical purposes, the apartment building is going to have access to that property. Mr. Saefke stated that is correct. He stated what they use for a church facility right now was originally designed to be an auditorium for a church/school complex, and there is no development in process or even contemplated for that property behind the church and administration center. The part of this lot they are willing to sell to Westminster Corporation is part of the church/school facility as recreation area. Nothing has ever been done with that property. The parish council really saw no need to encroach any further on what would be considered St. William's Church property in the future as opposed to this development property. The easement is sufficient far the Church's needs. It is also his understanding they have an agreement for sale with Westmi�nster on 4M PLANNING COMMISSION MBETING, FSBRIIARY 24. 1993 PAGE 15 this property, and the Church is selling the property at less than its assessed value. Because of the restrictions on HUD funding for the� purchase of the property, St. William's feels that at this time, they have kind of given away a certain portion of property as it is, and they cannot afford to give away any mor-e property except through an easement. Mr. Terry Mickley, 241 Rice Creek Terrace, stated that he is a member of St. William's and a liaison with the developer of the building. He stated that if St. William's deeds the property to Westminster, then it is possible that Westminster could build within 5 feet of the lot line which might encroach upon St. William's Church property. As stated by Mr. Saefke, the property will change hands at considerably less than market value; and even though there is an easement on that piece of property, it does give them some control on what happens close to the border line. The property is still owned by St. William's which is an asset in maintaining some control over that 15 feet of land. Mr. Dacy_stated the Commission's job not this approach is appropriate. establish some criteria about the easement, that is fine. The overall the multiple family dwelling, and it easement is not to be built upon and as part of the lot area and if it is Westminster Corporation. is to determine whether or If the Commission wants to language in the open air purpose is for the area for may be appropriate that the to be used as a calculation not deeded in title over to Mr. Kondrick stated that the way the property is, it cannot be built upon because it is not Westminster's property. So, the property is essentially dead because Westminster cannot build on it nor can St. William's. Ms. Dacy stated they are talking about the form of conveyance--an easement versus fee simple. MOTION by Ms. Sherek, seconded by Ms. Modig, to close the informal public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE INFORMAL PUBLIC HEARING CLOSED AT 10:00 P.M. Mr. Kondrick stated that as long as both parties are in agreement with this, then he would be willing to vote to recommend approval of the lot split. Ms. Modig agreed. Ms. Sherek also agreed. She could see the points of both the Church and Westminster. MOTION by Ms. Sherek, seconded by Ms. Modig, to recommend to City Council approval of lot split, L.S. #93-01, by Westminster Corporation, to create a separate parcel from the Norwood Addition 4N PLANNINd COMMISSION MEETING, FEBRIIARY 24, 1993 PAGB 16 to Fridley Park plat, to be described as Lots 1-16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. Williams Church abutting 5th Street N.E., with the following stipulations: 1. The petitioner shall execute and record an open air easement to provide an additional 4,830 square feet of land area on the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. 2. The surveyor shall submit the legal description for the remaining St. William's parcel prior to submission of the resolution for City Council approval. Mr. Newman stated he would vote to recommend denial of the lot split request. Althouqh he believes this is a great project, he is very concerned about the precedent the City will be setting in creating a noriconforming lot simply because the sellers would not get paid and the buyers clo not want or cannot buy the property. IIPON A VOICL VOTL� NEWMAN VOTING NAY� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED BY A VOTE OF 5-1. Ms. McPherson stated both the special use permit request and the lot split request will go to City Council on March 1, 1993. 4. RECEIVE JANUARY 9, 1993. JOINT CITY COUNCILfHOUSING & REDEVELOPMENT AUTHORITY MINUTE5: MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive the January 9, 1993, Joint City Council/Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. 5. RECEIVE JANUARY 14, 1993, HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the January 14, 1993, Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TH8 MOTION CARRIED IINANIMOIISLY. 6. RECEIVE FEBRUARY 4 1993 HUMAN RESOURCES COMMISSI�N MINUTES• MOTION by Ms. Sherek, seconded by Ms. Savage, to receive the February 4, 1993, Human Resources Commission minutes. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NE�MAN DECLAR.ED THE MOTION CARRIED IINANIMOIISLY. I • PLANNING COMMISSION MEETING. FEBRIIARY 24, 1993 PAGB 17 7. RECEIVE FEBRUARY 16. 1993, APPEALS COMMISSION MINUTES: MOTION by Ms. Savage,. seconded by Ms, Modig, to receive the February 16, 1993, Appeals Commission minutes. IIPON A VOICB VOTE, ALL VOTING AYS, CSAIRPERSON NEWMAN DECLARLD T8L MOTION CARRIED IINANIMOIISLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the meeting. Upon a voice vote, aZl voting aye, Chairperson Newman declared the motion carried and the February 24, 1993, Plannirig Commission adjourned at 10:05 p.m. Respectfully submi ted, L n Saba Rec ding Secretary i � .>:i:. S I G N- IN S H E E T PLANNING COMMISSION MEETING, Wednesday, Febna�arv 24, 1993 Name Address/Business -� �� / , '`.� t-�'`' ��L� � 2 y z G? i'� G z��.-- S' J�.�. � � - �. � � a.� v � c � �e - ' � � � lU � � � � C'��/fil `7i � � r�% �l S? � • G�� i� Q�� O W- �L � l a � c i,..u-1 W eJ �m.� n.4 �� ' � � �� r�, � _ � DATE: TO: Community Development Department PLA1vNING DIVISION City of Fridley March 12, 1993 William Burns, City Manager ,�{: �'�. FROM: Barbara Dacy, Community Development Director SUBJECT: Special Use Permit Request, SP #93-01, by Westminster Corporation The City Council tabled action on the special use permit request at its March 1, 1993 meeting. The City Council asked staff to research information regarding the deed restriction requirement and the underground irrigation. I spoke with Chuck Sorenson, legal counsel for HUD in the Minneapolis office. He suggested that the City simply include a stipulation on the special use permit dictating that the project is for the elderly and handicapped only. He believed that this would be acceptable under the HUD guidelines as opposed to a recorded de�d restriction. Stipulation #4 as originally recommended has consequently been amended. Mr. Sorenson confirmed that underground irrigation systems are not eligible for reimbursement through the Section 202 financing. Consequently, I contacted two other communities regarding their requirements for underground irrigatian for Section 202 senior projects. The City of Oakdale does not have an underground irrigation requirement; therefore, no irrigation systems were installed. The City of Lakeville also does not have a requirement to install an underground irrigation system; however, a system was recently installed because of ongoing maintenance concerns (building was constructed in 1985j. While the City should not waive the underground irrigation requirement, staff recommends that a longer timeframe be stipulated to enable Westminster Corporation to accumulate funds to meet the requirement. Staff recommends that five years be permitted. Chucl� Prentis from Westminster Corporation stated that it is highly probable that Westminster would be �able to comply with the five year timeframe. If they are unable to comply with the stipulation, they would then come back to the City Council and request an extension and provide evidence as to why they could not meet the stipulated deadline. Westminster Corp., SP #93-01 March 11, 1993 Page 2 Recommendation Staff recommends the City Council approve the special use permit request, SP #93-01, to construct a 50 unit multiple family dwelling for elderly and handicapped persons subject to the following stipulations: 1. A storm water pond maintenance agreement shall be executed and recorded against the property. - 2. An open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against the St. William's property. The proposed easement language shall be reviewed by the City Attorney prior to execution. The easement shall not be used to calculate setbacks or lot area calculations on the St. William's property. If necessary, a consent by a mortgage holder shall also be submitted. 3. An underground irrigation system shall be installed five years from the issuance of a certificate of occupancy. 4. 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Six Cities Approval with stipulations Approval with stipulations S �/2 SEC C/TY � 3! U�t , � �� ---�. .,, �� - -. � `+ - h -- : -�P� �,� 4_-_- Q -- — �ANE ��- ':� �� `��:T 4 / � r.. ..�. ,.� . oi'� ...ORIVE : ' u^ ��'` .;:•'• i �, `-� � � a..: e �N' •: '�M, � __L��' __�LS'� a.n I *, J•` • �� . � : i', �\«. ., y, I i • ORiVE : � i [m ;01� c�� ''s _, , �� w,.. M,� . "' - � i ' - v�� I a ,�... _ � �p H ' � . 1 �� SP �'k93�01 � Westminster Corp. . /4 T. 30 R. 24 OF FR/OLEY �'!{`.•jf � a � � � �'� � .~ �� 43 �22 _ _ _ ___ r 4V � L OCATION MAP >-- H J / � �� ' - C�; • •. — .� H � . \.� � • � � .. -�� - , , �� \x y , � s A g� �� 1 �c i • �; � L�, -� ��' z `� � � � '�t 1 8 .? � � • � J �, /` --'� 7 f� ; o , t1 � � s � �. �P� � � y � SP 4�93-01 Westminster Corp. � ) F" 6 6 � Z tA � � 9 � � 3 Z � r 8 � s `• ij b Z 3 4 - `'� � � � j z . z �i � • �� b r� / . -... � _ . 2 , CE` , 1v' 4 � >Q'r. ' q 1 .f /e �� , .� Q 1 �c�ti B 3 � r iS � 3 C+,Q . �i �' . 4 �' � �� f 1 4 i F � °� . TERR �i � j s . r � o� 'a y�"'� ,< c 4w � s L � i � � ` � . i.� P �� `� �; f ir � � � 3 7 ,� /O B f L.� 8r! f I 3 1/ 8'7 G f 4.! ?a , 6 L 9 B � io � Ll.d �; 6 y' 9�o,u�/t/3 /! /S // /0'9 B 7 6 s�4 3iZ`� S'.f�,i(�2�/ /1 � � i (� v � � / 2 £' � �` � K`/f � �� u. ie �'p 7 �� 2 � S 4 � A y'�4Y � vj ,.. 9 75t �VENUE. � N. . � �,, `k�' y�� t::3 � 7' _ � � � �A � : � ,s , f!, � 6 f �• -�CHo � , �EK T'�f�R' �o � ,/, 6 � � �! s1;+, 7 c_ 6-; s � g e � � .'�._ `�' S 7 ' - ----u{cc(ccioo� _ —_ ` ------ .�,T C` � �''� • � r` 9 8 7 c r<� 3 :• '• z �. o ;� . � P 3 �* i_f �s i7 U!9 S� Ii 7113 Ts S Q � ` ii �• F _` Y �o i� /1 ,` • '• •�N`fv 8 Ip � 1e i 10 / /9I .. }' • � � h • � 9 :P / /9 Z /9 Z /9 Z ~ iI • �.. f 1 ifL� � �O 10 ,7 z iJ � iI ! /� / �' r� � ��t� 12 �' it 3 i7 � � 4 /7 � '� /c � 519 e� 1— it A� /i f /� ,S /f � i. •• �3 y G if G /f � /I ,; • � • � � • • • • 14 � � �� p � � 7 ,� ;• • • •� . � • . r • 15 � �z � �3 B �� S /3 / /1 • • • • 16 ~ /� B /,t 9 is ! /2 � /i _ 2 1 1918 17 �a � ,i� ie ♦ ie /i /� � �� . N.E. 3/ / / � 2! �� 2� 1i �9 iI �7 is S/i. ) n i� J O � �� 3� 1 1 2 - - . f[ 3 i � �. M � � S r � E� €�. � ; t c � ' > > � �� >� d �` � � �ij c I T � �, �� .' � , � � j1 �a ir � F"� �� fv;7 n ' " v' � �"�, � �'- � FRlpLEY T �1 � � .3 � � �„- � "� �'- �� MI�D (^ � � � /I L•;f iS .Cf � � � /l /s � �,� �"'� � `� � i il �7 � � � a, z� �i /e �3 €. �!d"1 �n zf ro i1 ;} �l . .--., 4.,. ` S•� L'.:� �� , ZONING MAP Staff Report SP #93-01, by Westminster Corporation Page 2 REOUEST The petitioner has requested a special use permit to allow the construction of elderly housing in the R-3, General Multiple Family Dwelling zoning district. In addition to the special use permit request, the petitioner is also processing a lot split rec�eaest to create a separate parcel for the proposed development. SITE The property is vacant and is located between 5th Street N.E. and Moon Plaza, north of St. William's Church administrative building. The property is currently zoned R-2, Two Family Dwelling, and C-3, General Shopping Center District. In 1989, the City Council held the first reading of a rezoning, to rezone the subject parcel to R-3, General Multiple Family Dwelling. Adjacent parcels are zoned C-3, General Shopping Center District to the south and west, R-2, Two Family Dwelling to the north, and R-1, Single Family Dwelling to the east. Historv In 1988, the Coa�munity Development Corporation proposed to construct a 70 unit, three story elderly high-rise with underground parking. The project was comprised of 50 one-bedroom and 20 two- bedroom units. The exterior treatment was proposed to be brick, siding, and stucco. At that time, the project was not constructed due to a lack of available funding. The City Council approved the ordinance rezoning the property to R-3, General Multiple Family Dwelling for first reading on March 20, 1989. Second and final reading will occur along with the lot split and special use permit. ANALYSIS Westminster Corporation, which is a subsidiary of the Community Development Corporation, has recently received confirmation of Section 202 federal funding to construct a new elderly housing project. The current proposal is a three story, 50 unit, low and moderate income elderly and handicapped facility. The project does not have underground parking or garages. The exterior is proposed to be brick. A comparison of the 1988 and 1992 projects is provided as Appendix A. Zoning Requirements The proposed project meets the minimum setback, height, and lot width requirements set forth in the R-3, General Multiple Family 4X Staff Report SP #93-01, by Westminster Corporation Page 3 Dwelling district. The project, however, does not meet the minimwn lot area requirement of 127,500 square feet. The minimum lot area is calculated by multiplying 2,500 square feet by the number of units (51). The project provides only 122,670 square feet. The project is short approximately 4,830 square feet. The shortfall is proposed to be resolved through the execution and recording of an open air easement on the church's property adjacent to the south lot line of the subject parcel. The original proposal also included an open air easement; however, as the original project was larger, the original open air easement was 37,600 square feet. Staff has encouraged the petitioner to obtain the additional square footage required to meet the minimum lot area. Approximately 15.78 additional feet of property needs to be acquired to meet the minimum lot area. The proposal provides 34 parking spaces on the north side of the building with an additional 45 "proof of parking" spaces indicated on the plan should the building demand additional parking. The minimum required by the R-3 district regulatians is 77. spaces. The proposed parking plus the "proof of parking" spaces totals 79 spaces. This includes two handicapped spaces to be located adjacent to the building. LandscaQinq The petitioner has submitted a preliminary landscape plan which meets the minimum requirements of the R-3 zoning district. While specific plant materials for each proposed location have not been selected, the pallet of plant materials proposed is acceptable. The petitioner has also provided a screening fence along the north lot line adjacent to the existing duplexes. This screening fence is required as there is a change in zoning districts which occurs along this property line. An underground irrigation system is also required to be installed. Grading and Drainacre Plan The petitioners have submitted a preliminary grading and drainage plan which was reviewed by the Assistant Public Works Director, Scott Erickson. Please see his letters dated January 20, 1993 and February 9, 1993. The petitioner has since submitted corrected plans based on his comments. The petitioner will be required to execute and record against the property a storm water pond maintenance agreement. 4Y Staff Report SP #93-01, by Westminster Corporation Page 4 Exterior Treatment The 1988 project proposed a combination of exterior materials to include brick, stucco, and siding. The intent of the exterior treatment was to allow the project to blend in with the exteriors of the existing single family homes. The current project proposes to use an all-brick exterior if HUD will agree to finance it. The petitioners have, however, submitted an alternative exterior option which would include using a combination of brick and aluminum siding for the exterior. �Both exterior proposals are acceptable alternatives. RECOMMENDATION As the proposed project meets the minimum requirements of the R-3, General Multiple Family Dwelling district, staff recommends that the Planning Commission recommend approval of the request to the City Council for a special use permit to allow elderly housing, with the following stipulations: 1. A storm water pond maintenance agreement shall be executed and recorded against the property. 2. An open air easement which is a minimum of 4,830 square feet in area shall be execute and recorded against the St. William's property. The proposed easement language shall be reviewed by the City Attorney prior to execution.. 3. An underground irrigation system shall be installed. 4. The applicant shall record restrictive covenants dictating that the project is for the elderly only and is not an apartment to be rented to the general public. The covenants shall be reviewed and approved by the City Attorney's office prior to recording. 5. Lot split request, L.S. #93-01, shall be approved. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following amended stipulations: 1. A storm water pond maintenance agreement shall be executed and recorded against the property. 4Z Staff Report SP #93-01, by Westminster Corporation Page 5 2. An open air easement which is a minimum of 4,830 square feet in area shall be execute and recorded against the St. William's property. The proposed easement language shall be reviewed by the City Attorney prior to execution. 3. An underground irrigation system shall be installed one year from the issuance of a certificate of occupancy. 4. The applicant shall record restrictive covenants against.the property which dictate that the proj ect is for the elderly and handicapped only; elderly defined as those persons 62 years of age and older, and.handicapped defined as in Section 202 regulations. The covenants shall be consistent with Section 202 regulations, and if Section 202 regulations are amended, said covenants shall be amended with the mutual consent of the City of Fridley. The covenants shall remain in effect for a minimum of 40 years and longer if the law allows. The covenants shall be reviewed and approved by the City Attorney prior to recording. 5. Lot split request, L.S. #93-01, shall be approved. 6. The exterior shalT be brick. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. � � � ,.....�.;:: :'>�. � � SP ��93-01 — ------_ ___ � _...... _...... � �......., �a ,v�,.�eru ";�"�►� t orp � — � '�"'�""' �,�ne �us � daros �aia� T � � n"�'+I^aa] �NLL�VS �INI �K! Ri suoKltiy � ' . 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I,'J N 3 N S31d =�OSSd '8 I,S 3 21 3 21 O I, 21 3 1 N 1 3 21 ft ,L J:3 l I H J y.d.;,� i�� SOO?1?I_ NyW�jyOg 7 N I 21 3 3 N 1'J N 3 N'� I S 3 4 21 O I 21 3 1 N i 3 21 fl 1� 3 1 I H 7 21 t/ S3.LdI�,OSS1� '8 213.1SI�� S0021)l NbW21d09 ■i �� 1�.�1 3_3 Nrl,'J,N.,3 N'� I 5.,3 4,„ 21 O I 21 3;;1wN i�„..3 v.Il:l.,J,3..1„I H � 21,_N;�> :,Fl:>:i��; b,.S..S t/ ;,:. �'8 -.:21 3 l S 1� -�;.:, S. t7- �: 21.�>�,�� N;:.b':;W;�21 .d �, 9:- NORWOOD BqIIARE�PROJLCT COMPARISONS 1988 Proiect Components 199� 70 . . . . . . . . . . Number of Units . . . . . . . . 51 121,500 sq. ft.. . . . Lot Area. . . . . . . . . . . . 122,669.86 sq. ft. "H" Design . . . . . .. Building Design . . . . . . . Straight, 90 degrees to street 78 + 39 "proof . . . . Number of Parking . . . . . . . 34 + 45 "proof of of parking" Spaces parking" Brick, stucco, . . . Exterior Treatment . . . . . . Brick siding 37,600 sq.ft. . . . . "Open Air" Ea�ement . . . . . . 4,787 sq.ft. 4J.; ��` .T: %' . ` ri CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMEN��. � : �_ : : � _ � �; - . -.,�-� �H . �. � � � � � � � � � � '�,s�,�� =��. SPECIAL USE PERMIT��APPLICATION FORM` � � - . . ,. . . . _ . _. 6 �i .- � . PROPERTY INFORMATION - site plan required for submittal; see attached 62xx Fifth Street Northeast�k �� `� � j ' Address: (p (,�' Property Identification Number (PIN) Legal description: see atcached Lot Block Tract/Addition Current zoning: R2/c3 Square footage/acreage Reason for special use permit To allow for construction of a 3 story residential structure. Section of City Code: Have you opera.ted a business in a ciry which required a business license? Yes No � If yes, which city? If yes, what type of business� Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION {as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME Chutch of St. William ADDRESS 61st Avenue Northeast 8� University Avenue Northeast Fri�ley SIGNATURE NAME Flestminster Corporation ADDRESS 328 Kellogg Boulevard West DAYTIME PHONE 571-5600 _ DATE .�/r • /Z _ / St. Paul, i�i 55102 DAYTIME PHONE 291-1750 SIGNATURE Fee: $200.00 � $100.00 for residential 2nd accessoiy buildings Permit SP #��-�( Receipt # I l a ___ Application received by: Scheduled Planning Commission date: Scheduled City Council date: 4KK �� SURV61fiNC SERVICES 1NC. Propased OP�N AIR �ASfM�NT An E�sement over nnd across �hn� part of Lots 2 and 29. Block 2, NORW000 �DpITION TO FRIDLEIf FARK, according to the recorded pl�t ther�of, Anoka County, Mlnnesota� and that part of Yacnted 5YH Avenue and that part of Yacated Ailey within artd adjofnfng said Block 2, described as follows: Beqinning at the nprtheast carner of satd Lot 2; thence S 0°ib'58"W on an �ssumed bearing atong the east line � af said Lot 2� a distance of 15.80 feet; thence N 89° OI'44"W, a dis�ance of 303.80 fee�; thence N p°20'45"E. �- -- - a� d�stance of -�5t$0 -feet; thence S 89°01'44"� along the_ � westerly :extension =�nd the north 1 jne of said i.ots 2 and 29, a distance of 302.98 feet �io the poin�C of begirtning. �Easemen� Area * �,787 Sq. Ft.) 1971 Senecc� Road .� �� • 4LL� Mlnnesota 55122 � (612) 452-3d77 � _ CtTYOF FRiDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSlTY AVE. N.E. FR(DLEY. MN 55432 •(612) 57l-3450 • FAX (612) 571-1287 January 20, 1993 Boarman Kroos Pfister & Associates 222 North Second Street Minneapolis, Minnesota 55401 Gentlemen: PW93-013 The foflowing comments pertain to the plans for the Fridiey Senior Housing Project. 1. The ponding area should be designed as a deten�ion basin with a restricted outlet to the existing storm drain manhole. A skimmer shall be installed at the. outlet to the basin. Provide skimmer details. 2. Clearly define the drainage areas. 3. Please provide backup information on the time of concentrations and intensities that are being used. 4. Provide hydraulic calculations for the restricted outlet from the basin. 5. Show calculations for ponding volumes. 6. A minimum of 1 foot of freeboard should be used on the basin. 7. Design the driveway to prevent runoff entering from 5th Street. 8. Note that concrete curb and gutter (B618 or B612) is required. 9. Rip-rap inlet to the pond. 10. Maintain separation between the water and sewer services as required by the DepartmQnt of Health. 11. Ponding calculation will be reviewed on next submittal. 12. Sign plans. �� . January 20, 1993 Page 2 13. 14. 15. A maintenance agreement needs to be executed with the City of Fridley for private maintenance of the storm drainage facilities. � Additional information may be forthcoming pending further review. Return original review prints with the next submittal. If you have any additional questions regarding this review, please give me a call. Sincerely, � �. ' ._� .�,.J��.%=_:� _-,--- ,�� Scott B. Erickson Assistant Public Works Director � 4NN � _ _ C�� F FRiDLEY FR[DLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 5543? •(612) 571-3450 • FAX (612) 571-1287 February 9, 1993 � PW93-032 Boarman Kroos Pfister & Associates 222 North Second Street Minneapolis MN 55401 Gentlemen: 1. Note minimum 18-in. vertical separation between water and sewer lines p. 5 of 7. 2. Revise sheet 3 of 7 to show the correct inverts Qf the pond outlet and invert in the control structure. Label pond as detention area. Sincerely yours, Scott Erickson Assistant Public Works Director SE:cz � � � r � � J Community Development Department NG DIVISION . City of Fridley DATE: March 11, 1993 TO: William Burns, City Manager �!�'� FROM: SUBJECT: Barbara Dacy, Community Development Director Resolution Approving a Lot Split Request, L.S. #93-01, by Westminster Corporation The Planning Commission voted 5-1 to recommend approval of this request to the City Council with two stipulations. Westminster has submitted the legal description required in stipulation #2• Therefore, staff recommends that the City Council approve the lot split subject to the following stipulation: 1. The petitioner shall execute and record an open air easement to provide an additional 4, 830 square feet of land area on the � St. WiZliam's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. The easement shall not be used: to calculate setbacks or lot area calculations on the St. William's property. If necessary, a consent by a mortgage holder shall also be submitted. BD/dn M-93-118 RESOLUTION NO. - 1993 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #93-01, TO CREATE TWO SEPARATE PARCEIS GENERALLY LOCATED NORTH OF 61ST AVENUE AND WEST �F 5TH STREET WHEREAS, the City Council approved a lot split at their , 1993 meeting; and the Planning Commission stipulation attached as Exhibit A; and WHEREAS, such approval was to create two separate parcels from the Norwood Addition to Fridley Park plat and Lot 5, Auditor's Subdivision No. 59, to be described as follows: Parcel A: Lots one to sixteen (1-16), inclusive in Block One (i); and Lots one and thirty, in Block Two (2), Norwood Addition to Fridley Park, according to the duly recorded plat thereof. That part of vacated Kent St. (now known as 62nd Ave.), dedicated in the plat of "Norwood Addition to Fridley Park", lying between the northerly extensions of the east and west lines of Block 2, said plat. That part of vacated 5th Ave. (now known as 4th Street), dedicated in the plat of "Norwood Addition to Fridley Park", lying between the westerly extension of the south line of Lot 30, Block 2, said plat, and the westerly extension of the north line of Lot 16, Block 1, said plat. That part of the vacated alley in Block 1, "Norwood Adciition to Fridley Park", lying between the westerly extension of the north line of Lot 1, Block 1 and the westerly extension of the south line of Lot 8, Block 1. That part of the vacated alley in Block 2, "Norwood Addition to Fridley Park", lying between the westerly extension of the north line of Lot l, said Block 2, and the westerly extension of the south line of Lot 1, said Block 2. Parcel B: All of Lots 2 through 29, inclusive in Block Two (2), "Norwood Addition to Fridley Park", according to the duly recorded plat thereof, Anoka County, Minnesota. That part of vacated 5th Ave. (now known as 4th Street), dedicated in the plat of "Norwood Addition to Fridley Park", lying between the westerly extension of the south line of Lot 16, Block 2, said plat, and the westerly extension of the north line of Lot 29, Block 2, said plat. � � � Resolution No. - 1993 Page 2 That part of the vacated alley in Block 2, "Norwood Addition to Fridley Park", lying between the westerly extension of the north line of Lot 2, Block 2 and the westerly extension of the south line of Lot 15, said Block 2. Lot 5, Auditor's Subdivision No. 59, Anoka County, Minnesota. Except the South 180 feet of the West 183 feet of the Southeast Quarter of the Southwest Quarter of Section 14, Township 30, Range 24, Anoka County, Minnesota. And except that part of the Southeast Quarter of the Southwest Quarter of said Section 14, described as commencing at the Southwest corner thereof; thence Northerly along the West line thereof 30 feet; thence Easterly parallel with the South line of the Southeast Quarter of the Southwest Quarter of said Section 14, a distance of 127.22 feet; thence Northeasterly on a tangential curve to the left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly, tangent left having a radius of 20 feet, a distance of 3I.22 feet; thence Northerly, tangent to the last described curve, a distance of 100.96 feet; thence Northwesterly on a tangential curve to the left, having a radius of 45 feet, a distance of 31.99 feet to the North line of the South 180 feet of the Southeast Quarter of the Southwest Quarter of said Section 14, said point being the point of beginning of the tract to be described; thence continuing Northwesterly along the last described curve, a distance of 16.7 feet; thence Northwesterly tangent to the last described curve 56.94 feet; thence Northwesterly on a tangential curve to the right having a radius of 175 feet, a distance of 53.71 feet to its intersection with a line parallel with and 30 feet East of the West line of the Southeast Quarter of the Southwest Quarter of said Section 14; thence Southerly along said line parallel with and 30 feet East of the West line of said Southeast Quarter of the Southwest Quarter, to the North line of the South 180 feet of said Southeast Quarter of the Southwest Quarter; thence Easterly along the North line of said South 180 feet to�the actual point of beginning. And except that part of the Southeast Quarter of the Southwest Quarter of said Section 14, described as commencing at the Southwest corner thereof; thence Northerly along the West line thereof 30 feet; thence Easterly parallel with the South line of the Southeast Quarter of the Southwest Quarter of said Section 14, a distance of 127.22 feet; thence Northeasterly on a tangential curve to the left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly tangent to the last described curve, a distance of 100.96 feet; thence Northwesterly on a tangential curve to the left having a radius of 45 feet, a distance of 48.69 feet; thence Northwesterly tangent to the last described curve 56.94 feet; thence Northwesterly on a tangential curve to the right having a radius of 175 feet, a distance of 53.71 feet to the East line of the West 30 feet of the Southeast Quarter of the Southwest Quarter of said Section 14, said point of intersection being the actual point of beginning of the tract to be described; thence continuing � . . Resolution No. - 1993 Page 3 Northwesterly along said curve having a radius of 175 feet, a distance of 23 feet to the East line of the West 15 feet of said Southeast Quarter of the Southwest Quarter; thence Southerly along said East line to the intersection with the North line of the South 30 feet of said Southeast Quarter of the Southwest Quarter; thence Easterly along a line parallel with and 30 feet North of the South line of said Southeast Quarter of the Southwest Quarter, a distance of 15 feet to the East line of the West 30 feet of said Southeast Quarter of the Southwest Quarter; thence Northerly along the East line of the West 30 feet of said Southeast Quarter of the Southwest Quarter to the actual point of beginning. Subject to road right- of-ways on 61st Avenue N.E. and the East frontage road of State Highway No. 47 (University Avenue). WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval.will create two separate parcels from the Norwood Addition to Fridley Park plat and Lot 5, Auditor's Subdivision No. 59. 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 , 1993. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 4SS EXHIBIT A Resolution No. - 1993 Page 4 1. The petitioner shall execute and record an open air easement to provide an additional 4, 830 square feet of land area on the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. The easement shail not be used to calculate setbacks or lot area calculations on the St. William's property. If necessary, a consent by a mortgage holder shall also be submitted. 4TT C7 S TAFF REP O RT � Community Development Department Appeals Commission Date Planning Commission Date : February 24 , 1993 City Council Date : March 1, 1993 _ " March I5, 1993 REQUEST ' Permit Number � Appl icant Proposed , Request I Location ' SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning � Adjacent Land Use(s) � Utilities Park Dedication Watershed District ANALYSIS Financial lmplications Conformance to the j Comprehensive P1an � Compatibility with Adjacent I Zoni�g and Uses Environmental Considerations RECOMMENDA�ION Staff Appeals Commission Ptanning Commission Author MM/dn L.S. �t93-01 Westminster Corporation To create a separate development parcel. 6200 - 5th Street N.E. 122,669.86 square feet C-3, General Shopping and R-2, Two Family Dwelling Vacant C-3, General Shopping to the west; R-2, Two Family Dwelling to the south and north; R-1, Single Family to the east. 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N.E. �� 3I / / � Zf °2 1i p�9 N�7 is t�� 7 n i� J i � ,�•�� 37 1 1 1 _ � j. sc 3 l c�: t``r ^, - sr 4 � � E� � � ' r �'•'� ��'� � c ``'" � � .,� i 7 7 �, � � {.�� •�•� » d A ti� �t �; :��+: i � .s - �; �' � f`::' v �. '� „ �f R�D�� ' � ' �� r� � s;�• � �'_ � ' FRI�LEY � .: � , ">..• � c �3 i � �- �- �- � MiDD is ` � � . �• � t"J � /S /f f � �. � � �� C.r� � :1 € � '; /i /i '�. �MZlQ�.S � �1 i7 t� Q� 1� �/ �A �3 €. �`? �? i�^ �J . . . �O �� _: } ,l ... _ � � }:: 'L'::'� ,t ZONING MA Staff Report L.S. #93-01, by Westminster Corporation Page 2 REQUEST The petitioner requests that a lot split be approved in order to create a separate parcel for a proposed three story elderly housing project. The petitioner is also processing a special use permit request to allow elderly housing in the R-3, General Multiple Family Dwelling district. SITE � The property is vacant and is located between 5th Street N.E. and Moon Plaza, north of St. William's Church administrative building. The property is currently zoned R-2, Two Family Dwelling, and C-3, General Shopping Center District. In 1989, the City Council held the first reading of a�rezoning, to rezone the subject parcel to R-3, General Multiple Family Dwelling. Adjacent parcels are zoned C-3, General 5hopping Center District to the south and west, R-2, Two Family Dwelling to the north, and R-1, Single Family Dwelling to the east. The City Council approved the ordinance rezoning the property to R-3, General Multiple Family Dwelling for first reading on March 20, 1989. Second and final reading will occur along with the lot split and special use permit. Historv In 1988, the Community Development Corporation proposed to construct a 70 unit, three story elderly high-rise with underground parking. The project was comprised of 50 one-bedroom and 20 two- bedroom units. The exterior treatment was proposed to be brick, siding, and stucco. At that time, the pro1ect was not constructed due ta a lack of available funding. ANALYSIS Westminster Corporation, which is a subsidiary of the Community Development Corporation, has recently received confirmation of Section 202 federal funding to construct a new elderly housing project. The current proposal is a three story, 50 unit, low and moderate income elderly and handicapped facility. The project does not have underground parking or garages. The exterior is proposed to be brick. A comparison of the 1988 and 1992 projects is provided as Appendix A. The proposed development parcel meets the minimum lot width requirement; however, is short 4,830 square feet of the minimum lot area required for the proposed project. Based on the number of units (51), the code requires an average of 2,500 square feet of 4XX Staff Report L.S. #93-01, by Westminster Corporation Page 3 land area per unit. This calculates to 127,500 square feet. The proposed development parcel is 122,670 square feet in area. The petitioners intend to execute an open air easement with St. William's Church on the adjacent church property to meet the minimum lot area requirements. The open air easement was approved with the original lot split application in 1988. At that time, the minimum lot area was short by 37,600 square feet. The proposed easement was not drafted at that time; however, the City Attorney should review any easement language prior to the execution of the easement. The petitioner's surveyor has submitted the iegal description for the development parcel, but has not submitted a legal description for the remaining St. William's parcel. This will be required to be submitted prior to the City Council approving the lot split. RECOMMENDATION Staff recommends that the Planning Commission recommend approval �of the request to the City Council with the following stipu2ations: 1. The petitioner shall execute and record an open air easement to provide an additional 4, 830 square feet of land area on the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. 2. The surveyor shall submit the legal description for the remaii�ing St. William's parcel prior to submission of the resolution for City Council approval. PLANNING COMMISSION ACTION The Planning Commission voted 5-1 to request to the City Council with the by staff. Citv Council Recommendation recommend approval of the stipulations as recommended Staff recommends that the City Council concur with the Planning Commission action. 4YY CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 � '` (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT LOT SPLIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: ____ 62xx Fifth Street Northeast �(�G.�� ,�.�'�� 1 Property Identification Number (PIN) Legal description: see attached Lot ' Block TracdAddition Current zoning: R2/c3 Square footage/acreage Reason for lot split: To allow for construction of a 3 story residential structure. Have you operated a business in a city which required a business license? Yes No � If yes, which city? If yes, what type of business� Was that Iicense ever denied. or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Piuchasers: Fee Owners must sign this form priar to processing) NAME Church of St.,William ADDRESS 61st Aqenue Northeast & University Avenue Northeast Frid SIGNATURE �, U (f (� 7"- (�bL'�,�/�i .w..�..�.,..�...,.,,..�., � PETITI E INF RMATI NAME Flestminster Corporation ADDRESS 328 Kellogg Boulevard West St. Paui, I�1 55102 _DAYT`IME PHONE " DATE.� DAY'I'IME PHONE 571-5600 � /2, l �� 291-1750 SIGNATURE (��,� �,S - ��,�.,-�� DATE 1/ 12/93 �naries w. rrentice, Yroject Manager Fee: $100.00 v Peimit L.S. # cl �7 �( Receipt # I( C- Application received by: Scheduled Planning Commission date: _ J;"'�(-�,%q �.� Scheduled City Council date: 4ZZ S.lt�� SllRVEIffNG SfRV10ES 1NC. gropased O�EN AiR �ASEMENT An Easement aver dnd across th�t part af Lots 2 and 29�, Blpck 2, NORWOOD �DDITION Ta FRIDLEY PARK, �ccardfng ta the recorded plai thereof, Anoka County, Minnesota, and tha�� part ofi Vacated 5TH Avenue and that part af Vacated Alley within and adjoining said Slock 2, described as follows: 6eginning at the nprtheast carner af said Lot 2; thence S 0°16'58"W on an �ssumed bearing atong the east line of said Lot 2, a disiance af 15.84 feet; thenca N 89° O1'44"W. a dis�atnce of 303.00 fee�; thence N Q°20`45"E. a�distance of 15.80 feet; th�nce S 89°41'44"� along the westerly extension ��d the nvrth line of said E.ats 2 and 29, a dfstance of 302.98 feet to the point of beginning. (Easemen� Area � �,787 Sq. Ft.j _ ., 1471 Seneca Road .� Sulte E � 4�TAainnesofia 55122 � (612) 452-347i � ��1 �_ � .:F7Y 1 i�:� eF'u-3� oe�g ig$i�=Y � _ �Z:SFY: S .7'Y� i�YR�FB � � ee�s= �':�sE� E� : ` '== � . Yo"'' _:Y .. :S��E � . - r's-��;_ t 111 � I$�ZS i�`__i. _ �Tll :�� IIII f •`�`�= " e �`_.: , �Y `•, •��—�ei� wlln4w�W ��MI• M L.S. ��93-01 � � Westminster �p. .._::_ __ 3:� Q � ;: ..,:.. . a W F � ' " � > > a�; : � .., � . �. �fl i r��N �. � a W ¢ �� ie ?i ?ii .3 Sj i Jb �.��•_t��:.:, . �am ' � � ji a3 �5i ';: 2�^ N !�� m ! �� :�' .= '1 - it S� �i= ��- �Y' V � O �� i� �ff �i: �i: a T...� � 'T � „ • � { O {� IS. ]3; �#� �7' O V%[f � e :' 's: s3: -si .:3 a ii �r- �ri= �:° Z`' o L � _ -_ �3 =!� �" .� �"OD sf �S� F;^i sq- a=: .'" �, n ' !s :s� i=1" z'� SE: c O� '—' � �4t 0 .r � �6 =�` �'.� ]si� st! I3� � i'� ti. �' i f j=� 3';. iRi �}9 O ��y% �� :Ci t: i"] 21� �i. � iV� � �a S:: '=T. {(�! _�: =�i O Z CJ �Fj' � �Z �t� 2'=: �!S �7j m �� tl= � 3:? ��? �. .i ��3 � 't�� _ :t? . / :t J �� i �i r_ • j I ; � � � � � _ _ _ _��nN�> .��4 • lerwe- ~�- �r� II i _. �[ � ��e�dx ir� n �. �' I � ♦ , I � � ♦ _l i=•?`� u��w vaaooe y�..eR � $ -N- = � w .�S '�2F ' -'_,[: C, � Y:- g . :ir� ' Ft�-S F�� -2C:: ':b � _ � DATE: TO: FROM: Community Development Department PLANNING DIVISION City of Fridley March 11, 1993 William Burns, City Manager a%'�'�• Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Approving a Rezoning Request, ZOA #88-04, by Community Development Corporation (Westminster) Attached please find the above-referenced ordinance and staff report. The ordinance rezones the property located generally north of St. William's Church from R-2, Two Family Dwelling and C-3, General Shopping Center, to R-3, General Multiple Family Dwelling to permit the construction of a multiple family elderly housing project. The City Council at its March 20, 1989 meeting held the first reading of the attached ordinance. Consistent with past policy, the second reading of the ordinance was held pending construction of' the project. The petitioner has received preliminary funding commitments from HUD to construct the building. Staff recommends that the City Council approve the second and final reading of the attached ordinance so that construction may begin in 1993. MM/dn M-93-79 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. SECTION 2. Appendix D of the City Code of Fridley is amended as hereinafter indicated. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 1 through 16, Block l, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park. Is hereby designated to be in the Zoned District R-3, General Multiple DwelZing. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-2, Two Family Dwelling and C-3, General Shopping Center, to R-3, General Multiple Family Dwelling. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: February 13, 1989 March 20, 1989 5A WILLIAM J. NEE - MAYOR �:.... .....-:. ...._,,... � CITY OF FRIDLEY M E M O R A N D O M TO; WILLIAM W. BIIRNS� CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLEAR SUBJECT: MINN�SOTA CIIRRENCY ERCHANGE LICENSE TO INT�L CIIRRENCY EXCFIANGE INC. DATE : MARCIi 18 , 19 9 3 Attached is a resolution approving an application for a Minnesota Currency Exchange License for Int'1 Currency Exchange at 7893 East River Road. Minnesota State Statutes requires approval or denial of this license within 60 days. � RE90LiiPIOTT 1�U. - 1993 •� �i �i •� �� _ � : .� •� � � �,, �. .� . ��l�i�i v• a+� •�•�:� :,�: �:r• ti^ W�+ titi� • � s,�i•�•�a; :,�: s�:r� e�° � Wf�RE1�S, the City of Fridley has been served with a capy of an A�lication for a Minnesota Curnpazcy �dzarige License for Irit' 1 Currnncy �cch�ange; and � W�S, the location of the Currency Excharige I�icens� is for 7893 East River Road; and WF�S, the City of Fridley has not found any reason to restrict the location for the currency exaharige lioen��e. NOW, T�ORE, BE IT RF.50LUED, that the City Council of the City of Fridley approves the Minnesota Currency Exchange License to Int'1 Cu.rrency Exchange Inc. PASSID AND AD�PPED. BY THE CI'TY CJOUNCIL OF � CITY OF FRIDLEY Tf�S OAY OF MARCH, 1993. ATI�ST: 1�/��I�I�L1ui� M./_ UI' G YY �I �i� , • � 1.��+� :i�u�l�►��+ u►: •: CITY OF FRIDLEY M E M O R A N D O M � �• TO: WILLIAM W. BIIRNB, CITY MANAGER �• � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR AILLIAM A. CHAMPA, CITY CLERR SUBJECT: MINNESOTA LAWFUL GAMBLING APPLICATION FOR E%EMPTION FROM LAWFIIL GAMBLING LICENSE TO MINNESOTA BAS3 FEDERATION DATE: MARCH 18� 1993 Attached is a resolution approving the application for a Minnesota Lawful Gambling Application for exempt status to Minnesota Bass Federation. This is a raffle to be held at Thorne Brothers Sporting Goods, 7500 University Avenue Northeast. Minnesota State Statutes requires Council to approve or disapprove this request. If we disapprove, we must pass a resolution prohibiting this activity. 7 RE90I�]TIO�t I�U. - 1993 •�;r� • � •1 � : � • •• v • ' �� :r: • v• � ^�" � H• �:i�fi�'l� •+� •I •' ;rr:(� 1• •! •.�'. 1 N� I: � M�1 tii �� '�L�I�!��.V' .:!z• � : 51� �i' • •1 Wf�tEAS, the City of Fridley has been served with a c�y of an Application for E�cemption fro�n Iawful Gambling Li�e fr�an Minn�esota Bass Federation; and WF�REAS, the location of the Iawful Gamblixyg Lic�x�..se is for Thorne Brothers Sporting Goods, 7500 University Averiue Northeast; and WI-�REAS, the City of �idley has not found any reason to restrict the location for the rharitable gamblirig operation; NOW, Tf�2EFORE, BE IT RESOLUED, that the City Caancil of the City of Fridley appraves the Minnesota Lawful Gamblitx� Ap�lication for �tion from Iawfu.l Gambling License to Minnesota Bass Federation. . PASSID AND ADOPI�D BY Tf� CITY DOTJNCIL OF � Cl'1'Y OF FRIDIEY T�IIS I]AY OF MARC�i, 1993. ATI'EST: WILLIAM A. C�iANIPA - CI'I'Y CZERK 7A WILT�AM J. NEE - MAYOR FOR BOARD USE ONLY LG220 Minnesota Lawful Gambiing NIT DATE `"�`""490' Application for Egemption from Lawful Gambling License Fi/l in U�e unshaded portions of this applicadon for exemp6on and send it in at /east 45 daya before your gambling activity for proaessing. �vvQS d7� .C��}ss �.7ao� -- q3 � oo/ � �3-�Yyg� � 3 0.��i P� S�T%kL /l'l� SS/%G --- - Chief exeanive officer Phone p/ � reasurer Phone .C��'/�}� � �L y^ p� �G1�- � $ - �.�.r P ol��Sr� �b l z) 6 0 -2Sbt '••T,:: u:},: � ' TM1 ?Y^� :. \ �H :!i 1i �.�i �h "t v.J: \ �\. W ...�\•:: =�:::.: ::��:�:? ;.;Zr �L. � �x.. �.� .�.3.. �-:�::r•:x:�>..�::: •�a..x�.x.�::r•. ,r u°„. :`..';.:.#..;.,�.iti .t;:�.=;^:�. ..•a.:'v:;::>....;-:., ti�;`.;.`.:£.?,'.::.3?.`... x.' .z.y .�. ., x�,�.�.;: �} y �c: �,o.a•: -..: ;+.�. k`� :'<,'� �n.�`.�:,u,c.i�:'-�• � .�c�t+. T�} \L.�V\Y.vv.;tjpiivii::it.��'.`�'t:�::.•v";<:?:4. ...tE� � .�•'4. � >?�� ^t�� ."':�`.::�:R.ic:�~...�?�':: �:t�.� � .;�.:..4...:...::.�:::...;....;. ,. .,::Kt_\_. .�# �J.�.<.�'.`'`. $ :•• :::. . �•..�..�..•> ::.�.:.::. ...�....�....::••::::.�>+�...: :.?...�'�..*_.±��?E:E��:!€:... ».:�:>:::::.;.,- ::..;•;::.:::•::��.;,.::::a::v:'. �.'�-.. �:. w� . ��4 .�: ,�...: .. : , . ` . .�::..•::: .......... �:........, ..............:..•.•>�.•:..............:;:•:::>.:::::•::.:.:...:.::.....�.,.,........,............::::•::.:.K...�.�..�:...::,•. �..... �...., .. .. .�.:�....�*�. Attach prool of nonprort status which shows Check the box below which indicates your type of organizat9n d�ar your organization is nonprofit ❑ Fraternal O Religious ❑ Veterans C'Other non-profit j� IRS designation . O Certification of good stan�ng from the Minnesota Secretary of State's office , ❑ Affiliate of parent nonarofit omanization (charter) T�t QNwe �3rvTH-��'s �� o v� T,`� Sueet � ' • City-------- --------Township , 7S'b0 (.f/+��y %'�'C . �'v� d �'�fy Date(s) of activiry s-�29-93 Game Bingo ❑ Raffles j$I Paddlewheels ❑ Tipboards � Pull-tabs O I declare all information submitted to the Gambling Control Division is true, accurate, and co ete. /�G l V • C�-� � L I�- � L / , ef execut fficer's signature Dete GQ o 1s State Zip axJe MN s-s- y3 Z � 1 have received a copy of this application. This application will be reviewed by the Gambling Control Division and will become effective 30 days from the date of receipt by the city or counry, unless the local government passes a resolution to specifically prohibit the activity. A copy of that resolution must be �eceived by the Gambling Control Division within 30 days of the date fi11ed in below. CiUes of the 6rst class have 60 days in which to dsallow the activiry. Clty or Counry Township City or counry name Township name Signature of person receiving Tide Date Signawre of person ,�,�„�_�„�, Mail with $25 permlt fee and copy of proof of nonprofit status to: R^k"'aQaMx°tl°^ Department of Gaming - Gambling Control Division � YaNwv-BwdnCrn�bOryuintlonb Rosewood Pl�uth, 3rd Floor oomplN� shoded rsr Gole .... Gry «Counb . � �% � � W. �OM�I Road B __._._.__ _ . Roseville. MN 55113 � S � _ � � Community Development Department NG DIVISION City of Fridley DATE: March 11,�1993 • TO: William Burns, City Manager �•""� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Establish Public Hearing for an Ordinance Amending Chapter 205, Entitled "Zoning, by Amending Section 205.04.04.I Attached please find the above-referenced ordinance. The ordinance amendment is a result of the Metropolitan.Council mandates for all local municipalities to adopt best management practices to control runoff and to reduce non-point sources of pollution. The ordinance amendment includes the following components: 1. Adopts best management practices. 2. Requires submission of a grading and drainage plan in conjunction with a building or land alteration permit. 3. Requires submission of a sedimentation control plan and time schedule in compliance with proposed Chapter 208. 4. Requires a"as built survey" of detention facilities. S. Requires a stormwater detention facility maintenance agreement. Staff recommends that the City Council establish April 5, Z993 as the date of the public hearing. MM/dn M-93-122 ORDINANCE NO. - 1993 AN ORDINANCE RECODIFYING THL FRIDLEY CITY CODE CHAPTER 205, ENTITLED ��ZONING�� BY AMENDING SECTION 205.04.04.I The City Council of the City of Fridley does ordain as follows: 4. BIIILDING SITE A. No lot shall be so reduced or diminished, nor shall any structure be so enlarged or moved, as to reduce or diminish the yards, lot area or open space required in the district in which it is located. No yard or other open space required for any building shall be considered as providing a yard or open space for any other building, and no yard or open space on an adjoining lot or parcel of property shall be considered as providing a yard or open space on a lot where a building is to be erected. B. Only one (1) principal building shall be located on a buildable R-1 lot. C. Every lot, in order to be built on, shall have at lsast one (1) lot line which abuts for not less than twenty-five (25) feet along a street or along a permanent, unobstructed easement of access to the lot from a public street as approved by the City. D. Where no curb elevation has been established, the City shall furnish such elevations. If curb elevations are not available, the City shall approve the elevation of the building and the drainage plan before a building permit is issued. E. Sidewalks or provision for sidewalks will be required on all arterial and collector streets. The City will furnish the elevation for a sidewalk shelf, which is to be put at grade at the time a building is constructed on the property. The sidewalk shelf will provide the owner with an approximate finish grade for a sidewalk. F. Easements for bicycle ways shall be provided on those lots designated along trail corridors as noted in the City's Bicycle Way Plan. The City will designate the required width of easements and elevations for grades at the time a building is constructed on the property. The bicycle way shelf will provide the owner with an approximate finish grade for a bicycle way. . � • Page 2 - Ordinance No. G. Where the front yard setback of existing buildings is gre�ater than the minimum front yard setback required and said existing buildings are within one hundred (100) feet on either side of a structure to�be erected, then the setback for the new structure can be six {6) feet more or less of this mean depth of the adjacent structures but in no case shall it be less than the required front yard setback. In the case where one of the adjacent properties is vacant, an assumed setback of thirty-five (35) feet will be used. H. In computing the depth of a rear yard for any building where the rear line of the Iot adjoins an alley, one half (1/2) oi the width of the alley may be included as rear yard depth, provided that the actual rear yard depth on the lot shall not be less than twenty (20) feet in any residential district and not less than twenty-five (25) feet in any other district. I. No land shall be altered and no use shall be permitted that results in water run-off causing flooding, erosion ar deposits of minerals on adjacent properties. The followinq standards shall be implemented: � The City hereby adopts bv reference the Minnesota Pollution Control Agencv. Division of Water 4uality, "Protectina Water Quality in Urban Areas, Best Manaaement Practices for Minnesota" within which are the National Urban Runoff Pollution Standards and Best Manactement Practices. .� A grading and drainaqe_plan shall be submitted in coniunction with a buildinq or land alteration permit and shall be drawn at a scale no smaller than one (1) inch ectuals two hundred feet, and shall contain, but is not limited to, the following information: j� existing and proposed arades with a minimum of two foot contour intervals to a known sea level datum; �bl sufficient spot elevations on all _proposed hard surface areas; � estimated run-off of the area based upon five �5) and one hundred (100) year 24 hour storm events with a minimum time of intensitv of twenty �20) minutes; . . Page 3 - Ordinance No. � provisions to carry, run-off to the nearest adeguate outlet, such as a storm drain, natural drainaqe way_or street: jel location of any proposed ponding areas. indicating the size and depth of the gond and amount of acre feet of water to be stored; � finished floor eleva�ions of all buildings; jgl identification of soil conditions by type and location. including identification of the water table, and suitability of the soil 'for the proposed development, and �h, identification of any areas located within a flood hazard zone as identified by the City*s floodplain overlays. � A qrading and drainage plan is not required for the following development activities: A. minor land disturbance activities such as home gardens and individual residential landscapinq, repairs, and maintenance work; B. construction installation maintenance of above ground electric and tele,phone utility lines or individual service connection to the utilitv lines; C. preparation for single-family residences separately built on lats with slopes less than twelve (12) percent, unless in coniunction with multiple construction in subdivision development; D. disturbance of land areas less than 9,000 square feet for commercial or noncommercial uses, except that the City may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this excet�tion apQlies; E. installation of fence, siqn, telephone and electric poles and other kinds of posts or poles: F. emergency work and repairs to arotect life, limb or property; and G. federal, state, county, and municinal road � Page 4 - Ordinance No. � A conservation plan and time schedule shall be subraitted in accordance with Chapter 208. j� Stormwater run-off from a developed site will leave at no greater rate or lesser auality than the stormwater run-off from the site in an undeveloped condition. Stormwater run-off shall not exceed the rate of run-off of the undeveloped land for a 24 hour storm with a 1 year return frequency. Detention facilities shall be designed for a 24 hour storm with a 100 Year return frequency. Al1 run-off shall be properly channeled into a storm drain water course,,ponding area or other public facilitv designed for that purpose. Any change in arade affecting water run-off onto an adjacent property must be approved bv the City. � In or•der to ensure the construction was completed in accordance with the approved design and plans, an "as- built" survev of detention facilities on the property shall be prepared and submitted to the City. The plan shall indicate the size, location, elevation, and depth of the pond as well as the location of all structures and any crround o�,ening elevations on them. � For those detention facilities which are to be maintained by the �roperty owner, a maintenance agreement shall be executed by the propertY owner and recorded against the propert� title to ensure proper ongoing maintenance. J. The standards established herein serve, among the other purposes of this Chapter, to provide each structure located on any land, a building site suitable to its particular needs as well as adequate areas of open space between that structure and any adjacent building, and as deemed suitable or appropriate to each building or structure and their respective uses. It is also deemed a purpose herein to provide standards which encourage uses of land and the erection of buildings and structures in areas which are open, unplatted or without any substantial number of buildings located therein, as are of a type, size, style and design as are deemed by the City and its inhabitants to meet the needs and the purposes of residential, commercial or industrial uses; and, to enable an owner to make a reasonabl.e use of a parcel of land recorded or approved prior to the enactment of this Chapter and is therefore, smaller or different in type, size, style or design from that otherwise required herein. . i Page 5 - Ordinance No. K. No changes in exterior building dimensions, exterior parking areas or drainage as established in approved • City plans will be made unless reapproved by the City. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK �• WILLIAM J. NEE - MAYOR PLANNING COMMISSION MEETING, F$BRIIARY 10. 1993 PAGS__2 1. PUBLIC HEARING: An amendment to the Fridley City Code Chapter 205, entitled "Zoning" by amending Section 205.04.04.I, to: A. Adopt by reference Best Management Practices B. Require submission of a grading and drainage plan C. Require submission of a conservation plan and schedule D. Establish standards for control of storm water run-off E. Require "as-built" drawings and maintenance agreements MOTION by Mr. Kondrick, seconded by Ms. Savage, to open the public hearing. _ IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND�THS PIIBLIC HEARING OPEN AT 7:34 P.M. Ms. McPherson stated that in 1988, the Metropolitan Council amended their Water Resources Development Plan of the Metropolitan Development and Investment Framework. As part of that, the Metropolitan Council directed Metropolitan Council staff to prepare an implementation strategy to improve overall water quality in the metropolitan region by reducing non-point source pollution. This directive was then passed on to local municipalities for comprehensive plan update. Ms. McPherson stated that in 1992, City staff was notified that the Metropolitan Council had been working on attempting to implement their strategies to reduce non-point source pollution and were using as a basis the Environmental Protection Agency's and Minnesota Pollution Control Agency's jaint project for the Minnesota River. This is a project to attempt to reduce the non- point source pollution along the Minnesota River in an attempt to reduce the pollution loads in the Minnesota River. Ms. McPherson stated that as a result of that ongoing study, local municipalities have been mandated to do three things: (1) to adopt design standards for storm water ponds and to reduce pollution loading in surface water runoff; (2) to adopt Best Management Practices; and (3) to adopt the Department of Natural Resources' (DNRj Shoreland Ordinance. Ms. McPherson stated City staff is working on the Shoreland Ordinance. However, the DNR has indicated that Fridley is not a "high priority city" as it is 85o developed, and most of its shoreland property is already developed with residential development. There is no pressure from the DNR for Fridley to adopt a shoreland ordinance. Fridley is, however, working to adopt a shoreland ordinance which is modified to meet the City's needs. �� ..e.�. .v..ra..�... ...r.+.,:a.:......✓.:::.... ,:.: ... .:.:..,.: ..,:...:,::. :� :.....:..:.::... . .... . : . . . ..... . . , PLANNING COMMISBION MBETING. FEBRIIARY 10, 1993 PAGL 3 Ms. McPherson stated the first ordinance amendment is for the Zoning Code which is Chapter 205. In Chapter 205, there is a su'bsection entitled "Building Site" which talks-about requiring building permits and various other developinent standards for development of property within the City. Staff is proposing to amend that chapter by adding language which basically does five things: 1.� Adopting by reference the Minnesota Pollution Control Agency's reference book entitied, "Protecting Water Quality in Urban Areas, Best Management Practices for Minnesota". 2. It requires the submission of a grading and drainage plan in conjunction with a building or land alteration permit. 3. It requires the submission of a conservation plan and schedule. 4. It establishes standards for control of storm water runof f . 5. It requires as-built surveys of the detention facilities once they are constructed and also requires the execution and recording of maintenance agreements. Ms. McPherson stated the Environmental Quality and Energy Commission has reviewed the proposed ordinance amendment and made comments to staff. In December 1992, the Planning Commission reviewed this ordinance preliminarily and made some comments at that time. Mr. Newman asked what revision has been incorporated in the maintenance agreement. Ms. McPherson stated staff has drafted the maintenance agreement. It describes the area where the pond is to be located on the property. Tt sets forth standards for maintenance and also has a notificatiori requirement. If the City inspects or receives a complaint and inspects the pond, and the pond is not being maintained to the standards set forth in the agreement, the City can notify the property owner; and, if the situation is not rectified, the City can come in, do the maintenance, and assess the property owner �or the expense incurred by the City. Mr. Newman stated that normally there is a requirement for a security deposit by the developer. Ms. McPherson stated that is not required with the maintenance agreement, but typically the City does require a performance bond � PLANNING COMMISSION MEETING, FEBRQARY 10, 1993 PAGB 4 for all outdoor improvements that is usually held for a certain amount of time. Ms. Sherek asked if there are any standards set forth in this ordinance regarding fencing the detention ponds. Ms. McPherson stated she is not aware of any standards regarding fencing, but she could review that with the Engineering Department. Ms. Sherek stated she believed it is very important to require fencing around detention ponds for safety reasons. Mr. Newman stated that in a previous�conversation with Ms. McPherson, he expressed concern about how Chapter 205 could impact the single family lot or the addition to a single family home since the language is such that it involves any building. Ms. McPherson had discussed the possibility of incorporating language from Chapter 208, Paragraph 3, to exclude structures that are single fa�nily homes or for additions that are less than 9, 000 square feet. Could Ms. McPherson elaborate on that? Ms. McPherson stated that right now the proposed language in Chapter 205 requires that a grading and drainage plan be submitted in conjunction with a building or land alteration permit. While the City may always require a land alteration permit, it may be appropriate in all cases to require an extensive grading and drainage plan for certain types of project. Ms. McPherson stated that in Chapter 208 there are exemptions from submitting a conservation plan, and those exemptions include minor land disturbances, construction or installation of utilities, preparation for sing2e family residences built on single lots, and for commercial or industrial� uses where the disturbance of the land area is less than 9,000 square feet which would potentially include a small addition to an existing business plus some improvement to the parking lot. Ms. McPherson stated that one thing discussed by Mr. Newman and staff was possibly including that type of language as an exception in Chapter 205. She has not had an opportunity to review that with the Engineering Department, but she believed it would be a logical inclusion. Mr. Sielaff stated he would be a little concerned because it would really be site dependent. There needs to be some discretion to determine this on a site-by-site basis. Chapter 208 talks about an 18% slope, and he would be a little bit concerned about the slope or other situations. Ms. McPherson stated that in Chapter 208, Section D, there is language that allows the City to require a plan even though it falls under the exemption. She be�ieved they could word the �• PLANNING COMMI88ION MEETING, FEBRIIARY 10, 1993 _ PAG$ 5 exemption for Chapter 205 in a similar manner so that if the City has an environmental concern and feels that it would adversely impact adjacent properties, the City could require that a grading and drainage plan be submitted. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIBD AND THE PIIBLIC HEARING CLOSED AT 7:50 P.M. Mr. Sielaff stated that with the amendment as suggested by staff to incorporate the language on the exemptions in Chapter 208 into Chapter 205 alleviates his concerns. Ms. Sherek stated that she believed fencing should be required but fencing is probably covered in the Best Management Practices. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend to City Council approval of an amendment to the Fridley City Code Chapter 205 entitled "Zoning", and to direct staff to include the exemptions in Section 208 into Chapter 205. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 2. PUBLIC HEARING: An amendment to the Fridley City Code Chapter 208, entitled "Erosion Control", to: � A. Eliminate soil erosion when possible B. Establish standards and specifications for servation practices and planning activities which eliminate or minimize soil erosion and sedimentatio MOTION by Mr. Kondrick, seconded by Ms. Sava , to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, C RPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HE G OPEN AT 8:00 P.M. Ms. McPherson stated that the roposed Chapter 208 amendment would create a new chapter in th City Code entitled "Erosion Control". This chapter establish the City's position and intent to eliminate soil erosion enever possible and, when that elimination is not feasible, to ave activities which minimize the amount of soil erosion in njunction with the development with the City. It sets forth variety of definitions. It again adopts several technical g'des by reference, including adopting the Best Management ractices developed by the Minnesota Pollution Control Agency. � r � � � Community Development Department PI,ANNING DIVISION City of Fridiey DATE: March 11, 1993 �?� � TO: William Burns, City Manager �• FROM: SUBJECT: Barbara Dacy, Community DeveZopment Director Michele McPherson, Planning Assistant Establish Public Hearing for an Ordinance to Establish Chapter 208, Entitled "Erosion Control" Attached please find the above-referenced proposed ordinance. The ordinance establishes a new chapter of the Fridley City Code, Chapter 208, entitled "Erosion Control", and is in response to the Metropolitan Council mandate to reduce non-point sources �of pollution. The proposed ordinance: 1. � Eliminates soil erosion when possible. Establishes standards and specifications for conservation practices and planning activities which eliminate or minimize soil erosion and sedimentation. Staff recommends that the City Council establish April 5, 1993•as the date of the public hearing. MM/dn M-93-121 012DINAIV�CE 1�U. - 1993 • • � � I• �I' Y• : :1:�� M.►' • �I' t : BI �1� di•,�i •1 •�l ',� • ��1' ' �� •� �' The City Cauncil of the City of Fridley does ordain as follows: «�►��+• � : �:�•,�� ♦�� •.• 208.01 PURP�OSE AbID IN1�TI' 'The intent of this ordinance is to eliminate soil erosion whenever possible; and, in ci.rc,tim�stances where elimination i.s not feasible, the ordinance requires activities to control soil erosion and sed�mealtation. Zhe purpose of this on�iinance is to establish standards aryd specifications for conservation practices ar�d planning activities which el�minate or minimize soil erosion and subc�equent sedimentation. 208.02 The follcxairig terms have the meanings given them in this chapter: 1. Conseivation plan and time schedule. A doc�m�ent listirig a set of practice.s th�t when implemented will decrease soil erosion to the soil loss limits on a particular - parcel of land. The "time schedule" sets times to i�lement, make satisfactory progress, and camplete the consezvation plan. 2. Conservation practices. A. Praetices arxl standards containirig a definition, pvrpose, and conditions wzder which the practice ap�lies, including design requireme.nts, and specifications containing a statement of details required for installing a conservation practice, including kirx3.s, quality and quantity of work and materials needed to meet the standan�s. B. A conseivation practice may be a permanent or te�orary vegetative or structural measure that when applied to the lar�l, will contribute to the control of wind and water erosion and sedimentation. Conservation practices may be used in a development activity area or an agricultural use area. C. Permanent practices are those that have an effective life of ten years or more and include grassed watezw-ays, terraces, water control structures, grade stabilization structures, sediment retention structures, water and sediment control basins, and other permanent practices approved by the City. D. Temporary practices include fabric filter barriers, filter strips, storm water inlet and outlet protection and any other cultural practices approved by the City. 3. Development activity. A physic�l disturbance to the land which may result in sedimentation of adjacent lands or waters. 'ihese activities include, but are not limited to, clearing, grading, excavating, transporting, draining and filling lands. 4. District. The Anoka Caunty Soil and Water Conservation District. �; r� Page 2— Ordinance No. - 1993 5. Erosion. Ariy prooess that w�rs away th�e surface of the land by the action of water, wir�d, ioe or gravity. 6. Excessive soil Ioss. Soil loss which causes sedimentation cm adjoining larul or in a body of water, water oaurs�, or wetlar�d. 7. Field Office �hnical Guide. Zhe guide developed by the United States Departme.nt of AgricuZture, Soil CbnseYVation Service. The technical guide contains methods and pr�edures by which the variaas types of erosion can be estimated and conservation practice standards and specifications required in the application of soil�and water conservation practices. 8. Sediment. Solid mineral or organic material, that, in susperlsion, is being transported, or has bee.n maved frcan its original site by air, watex, gravity, or ice and has been deposited at another location. 9. Sedimentation. �he prooess or act of dep�iting sed�ment that, upon inspection, is determined to have been caused by erosion. 10. Soil. 'Ihe unconsolidated minexal and o��anic material on the iirnnediate surface of the earth that serves as a natural medi�un for growth oi land plants. 208.03 TE�IIJICAL GUIDES 'I�e following handbooks are adopted by referenoe: 1. Field Office 7�nical C�ide of the Uni.t.ed States Departm�nt of Agriculture, Soil Conservation Service. 2. Soil Survey of Anoka County, developed by the United States Depart�nent of Agriculture, Soil Conservation Sexvice. 3. Minnesota Construction Site Erosion and Sedirnent Control Planni.rig Handbook. 4. Protecting Water Quality Tn Urban Areas, Best Management Practic�s for Minnesota, developed by the Minnesota Pollution Control Agenc.y. 208.04 QONSEIrVATION PLAN SIJ�3MISSION RFJQUIIItII�flS l. Prior to any development activity and in conjunetion with a buildixig pern�it or land alteration permit, a consezvation control plan and time schedule shall be submitted and appraved as provided herein. The plan shall identify measures and practices to prevent erosion, excessive soil loss, or sediment fram d�,�maging adjacent land, bodies of water, water courses, or wetlarid.s. 2. The conservation plan and time schedule moust specify haw erosio�i and damage to other lands and regions will be minimized during the construction process. Teinporary and permanent measures shall be addre.ssed. These methods incl�de, but are not limited to, the use of: te�porary arid permanent seedings, fabric, plastic, or straw barriexs, mutch, sediment oontrol basins, or other oonservation practice.s adequate to prevent e.rosion and sed�nt damage. �• Page 3— Ordinance No. - 1993 3. A consexvation plan is not requi.red for the follawing develop�nent activities: A. minor land disturbarioe activities such as h�at�e gan�ens ar�d individual residential larydscaping, r�pairs, ar�d maintenance �rk; B. constYUCtion, installation, maint�nanoe of above gr�nd electric and telephone utility lines or individual .sexvice connection to the utility lines; C. preparation for single-family resideaices separately built on lots with slopes less than twelve (12) peroent, unless in conjunction with multiple construction in subdivision develop�nent; D. di.stt�rbance of land area.s less than 9, 000 square feet for coimnercial or noncanunercial uses, except that the City may reduce this exception to a smaller area of disturbed land or qualify the coriditions under which this exception applies; E. installation of fence, sign, telephone and electric poles and other kinds of posts or poles; F. emergency work and repairs to protect life, limb or property; and G. federal, state, county, and municipal road construction designed and installed acaording to star�dard specifications. 4. The follaaing must be addrn.ssed in develaping and it�lementing a conservation plan: A. Stabilization of dernided areas and stock piles; B. establishme.nt of permanent vegetation; C. protection of adjacent areas; D. timirig and stabilization of sedunent trapping measures; E. use of sediment basins; F. stabilization of cut ar�l fill slopes; G. storm water managem�.nt for controlling off-site erosion; H. stabilization of water ways and outlets; I. storm sewer inlet protection; J. working in or crossing water bodies; K. unden�rc�urid utility construction; L. construction access.roads; � Page 4— Ordinance No. - 1993 M. disposition of all.temporary measur.es; N. maintenanoe of all t�nporary ar�d pern�ane.nt urban conservation practice.s; aryd O. storm watex n�off quality. 5. Zhe time sahedule aooca�anying the �ation plan m�ust establish deadlines for the img�lementation and oca�letion of each p�ase or element of the conseYVation plan. 6. The Field Office Technical c�zide, the Minnesota Construction Site Erosion and Sediment Control Planning Hancmook, or the Minnesota P�llution Control Agency' s "Protecti.ng Water Quality in Urban Areas" shall be the min�n plannirig standard for a conservation plan. Any other procedures Yrn�st be a�rc�ved by the City prior to its use. 208. os QONSERVATION PI�fN REVIEW 1. The City may designate the zonirig or planning director, building inspector, engine2r or a designee of the Anoka County Soil and Water Conservation District to review the conservation plan and t3me schedule. 2. If the City determines that the conservation plan and time sc�zedule will control erosion and sed�me.ntation, the City shall issue a perntit that authorizes the developm�ient activity contingent upon the implemeYitation ar�cl �letion of the conservation plan. If the City determine.s that the oanservation plan atxl time schedule do not control erosion and sedu�ntation, the City shall not issue a permit for the developiment activity. The conservation plan and time srhedule shall be re-submitted for appraval before the develo�zt activity ean begin. 3. A person erigaged in a development activity who does not submit a conseYVation plan and t�me schedule or make satisfactory progress to crn�lete the plan and schedule is subject to penalties described herein. 4. Ocr.asionally, erosion control strategies will not be feasible or practical in al1 in�tances. When this oacui�s, the City shall take into account the facts and peculiarities of the specific situation and make a decision given the available information and werall circ�unstances. aos.o6 nESZCx s�Ar�s 1. All open c.hannels arid ponds shall be designed to prevent c�mage fram a 100-year storm of 24 haur duration. 2. All corYVeyance systems shall be designed for the 5-year storm of a minimiun 20 minute time of concentrati.on. 3. Landscapirig, streets, storm sewers, and other drainage and erosion controls shall be installed as early in the construction schedule as is practical. 4. The area and duration of exposure of disturbed soil shall be kept to a practical minimtun. � Page 5— Ordinance No. - 1993 5. �enever feasible, natural vegetation shall be retained, protected, and supplettiented. 6. Where there is inadequate vegetation to protect erosion prone areas during or after development, temporaYy or permanent vegetation ar�d,/or mulchirig shall be established. 7. Cut and fill slopes shall not be steepex than tw� (2) to one (1) unless stabilized by a retaining wall or cribbing or as apprc�ved by the City Engineer. 8. Cut and fills shall not endanger adjoining praperty. 9. Fill shall be plaoed and cr��acted so as to m� *��m� ze slidirig or erosion of the soil. 10. Fills shall not encroarh on floodways, natural water courses, or constructed channels. 11. Gradirig shall not be done in such a way so as to divert water onto the property of another landowner. 12. Pravisions s�hall be made to prevent surface water fram damagirig the cut face of excavations or the sloping surface.s of fills. 13. The use of debris basins, sediment basins, si.lt traps, or similar measures may be required to trap sediment in run-off water until a disturbed area is stabilized. Oil skitmners are required on all temporary or permanent treatment, detention, or retention ponds. 14. The use of ponds for temporary storm water storage is encouraged to reduce p�ak rainfall runroff and pealc stxeam flaws. 15. Land shall be developed in increments for workable size such that adequate erosion and sedimentation control can be pravided as construction progresses. The area exposed shall not be exposed for a period of time exceeding si.xty (60) days, unless otherwise established in the permit. Ground caver shall be established as soon as possible after work i.s com�pleted. 16. Development on slopes aver twelve percent (12%) in grade shall not be considered. On slopes with a grade between six (6) to twelve (12j percent, development shall be carefully reviewed to ensure adequate measures have been taken to prevent erosion, sedimentation and structural dam�age. 18. Erosion and sedimentation control measures shall be coordinated with the different stages of the develop�nt; appropriate control measures shall be installed prior to development when necessary to control erosion. 19. �e following measures shall be taken to control erosion during construction. A. � slopes steeper th,an ten (10) f�t horizontal to one (1) foot vertical shall be sodded to mi.nimize ex�osion. B. At the foot of each exposed slope, a channel and berm shall be constructed to control erosion. �he channelized water shall be diverted to the . i • Page 6— Ordinance No. - 1993 sedimentation basin (debris basin, sediYnent basin, or silt trap) before being allawed to enter the natural drainage system. C. Along the tap of each exposed slc7pe, a berm shall be construct.ed to prevent run-off froan flawirig aver th�e edge of the slape. Wnere nan-off c�llectiuig behind said berm cannat be divert:ed else�ahere aryd n�ust be directed da�m the slope� aPP�Pri.ate measures shall be taken to prevent etrosion. Such measures Ghall consist of either an asphalt paved apron or a method as appraved by the City �gineer. At the base of the slape, an en�rgy dissipater shall be i nct;alled. D. Exposed slopes shall be pznrtect.ed by whatever means will effectively prevent erosion considering the degree of slope, soil materials, and expect� ler�gth of exposure. Slope prot.ection shall consist of nnxlch, burlap, jute netti.rig, sod blank,ets, fast growing seed.s or tem�orary plantings of annual grasses. A mulrh shall consist of hay, straw, or other approved protective materials. Mulch shall be anchored to the slopes by an a�roved method to pravic�e additional slope stability. E. Control measures, other than those specifically place of the above if it can be demonstrated protect exposed slopes and are appraved by the F. G. stated abave, may be u..sed in that they will effectively City Engineer. Ten�orary erosion control device.s shall.be installed before existing ground surface is disturbed and shall be maintained until vegetative caver is established. Any surface water leavirig the site will not adversely impact the adjoining water quality. 20. When construction work is cxxm�leted, topsoil meeting MnDOT's Specifications 3877 shall be spread over the developed area and turf establishment started. The soil shall be restored to the minimlun depth of four (4) inches and seed and mulch werked into the area. 208.07 SE�[JRITIES Where a conservation plan is required in oonjunction with a building pezmit, implementation shall be sec�.ured by the requirements of C�apter 205, Section 205.05.06 A(3) . �ere a conservation plan is required in conjunction with a land alteration pennit, a letter of credit, perforntiance borid, or certificate of deposit shall be required to insure implementation of the conservation plan. The security shall be five percent (50) of the value of the work as indicated on the land alteration permit application. Tf the conservation plan is not implemented aryd maintained during the construction period, the security shall be ca.shed by the City and useci to implement said plan. The security shall be deposited with the City prior to t of the project. 208.08 SEVER�IBIISTY . �. • Page 7— Ordinance No. - 1993 �ery sec•tion, provision or part of this c�apter is declared separable fram every other section, pravision, or part to the extP.nt that if any section , pravision, or part of this C�apter shall be held invalid, such holding shall not irivalidate any other section, provision, or part thereof. 208.09 PIIV�LTIES Whoever does ariy act forbidden by this Chapter or oanits or fails to do any act required by this C�,apter shall be guilty of a misdemeanor and is subject to all penalties pravided for such violations under the provisions of C�apter 901 of the �idley City Code. PASSED AI�ID ADOPTID BY Ti� CITY �UNCIL OF TI� CITY OF FRIDLEY �S IaAY OF , 1993. 4_ �I� WILLIAM A. CE]AMF'A — CITY CLERK • �: �� WILT�AM J. NEE — MAYOR • � exemption for Chapter 205 in a similar manner so that if e City has an environmental concern and feels that it woul adversely impact adjacent properties, the City could require at a gradinq and drainage plan be submitted. MOTiON by Ms. Sherek, seconded by Mr. Kondr" , to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE� IRPERSON NEWMAN DECLARED TH$ MOTION CARRIED AND THE PQBLIC ING CLOSED AT 7:50 P.M. Mr. Sielaff stated that wi the amendment as suggested by staff to incorporate the langu e on the exemptions in Chapter 208 into Chapter 205 alleviate is concerns. Ms. Sherek stated at she believed fencing should be required but fencing is prob ly covered in the Best Management Practices. MOTION by . Sielaff, seconded by Ms. Modig, to recommend to City Council proval of an amendment to the Fridley City Code Chapter 205 e itled "Zoning", and to direct staff to include the exem ions in Section 208 into Chapter 205. N A VOICE VOTE, ALI� VOTING AYE, CHAIRPER30N NEWMAN DBCLARED TH8 ION CARRIED IINANIMOIISLY. 2. PUBLIC HEARING: An amendment to the Fridley City Code Chapter 208, entitled "Erosion Control", to: A. � Eliminate soil erosion when possible Establish standards and specifications for conservation practices and planning activities which eliminate or minimize soil erosion and sedimentation MOTION by Mr. Kondrick, seconded by Ms. Savage, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:00 P.M. Ms. McPherson stated that the proposed Chapter 208 amendment would create a new chapter in the City Code entitled "Erosion Control". This chapter establishes the City's position and intent to eliminate soil erosion whenever possible and, when that elimination is not feasible, to have activities which minimize the amount of soil erosion in conjunction with the development with the City. It sets forth a variety of definitions. It again adopts several technical guides by reference, including adopting the Best Management Practices developed by the Minnesota Pollution Control Agency. . . • PLANNING COMMISSION MEETING. FEBRIIARY 10, 1993 PAGS 6 Ms. McPherson stated it still requires the submission of a conservation plan which again is related to the various development activities and, as discussed earlier, has certain exemptions for certain types of activities. It sets forth specific standards and specific activities which need to be addressed in a conservation plan and requires the establishment of a timetable by which those types of activities need to occur. Ms. McPherson stated it sets a plan review schedule and proposes to designate someone to review plans. It also specifically calls out certain design standards and, while they are minimums, the City_ may require more design standards which are included in the Best Management Practices handbook. It requires a security over and above the typical performance bond. Right now they do require a performance bond which covers all outdoor improvements-- landscaping, blacktopping, curbing, irrigation, etc. This would be a separate s,ecurity over and above that particul�r performance bond, and that particular security would only apply to the conservation and its related components. Mr. Newman stated his concern with a performance bond is that it is very difficult to get a performance bond these days. Requiring a performance bond, letter of credit, or certificate of deposit would add a significant cost to the improvements. In his personal opinion, he is not sure a 100% letter of credit or 100°s performance bond is necessary. What they want to do is encourage people to improve their properties, and the City has to be careful that it doesn't make it so costly that people cannot afford to make those improvements. Ms. McPherson stated that the City's typical performance bond (not including what is talked about in conjunction with the conservation plan) for outdoor improvements is 30 of the construction value. So, the City's policy is not 100o coverage; it is only a percentage of the entire value of the project. That includes not only the landscaping and outdoor improvements, but also includes the value of the building, etc. This particular security would only cover what it would cost to install the detention pond, sedimentation basin, etc. She should probably discuss this with the Engineering Department to see what kind of costs they are talking about for the developer. Instead of requiring a 100% in bond for the improvement, it might be more appropriate to chanqe the performance bond to 5% and have it cover the conservation plan as well. Ms. McPherson stated the section on "Securities" needs to be clarified. It reads two ways. The first part reads that it going to follow another section of the ordinance, and then at the same time it requires 100% of the cost of the conservation plan and associated improvements. Mr. Saba stated that maybe the performance bond can just be enough to cover the erosion control measures as opposed to a certain fee. �• PLANNING COMMI88ION ME�TING, FEBRIIARY 10, 1993 PAGE 7 They are not asking for the amount of money for security to cover the cost of the enfiire improvements--just the cost of the erosion control measures. The language should be very specific. Ms. McPherson stated staff can amend the language to reflect that. Mr. Kondrick agreed. They should just be addressing conservation methods and policies, not anything else. Mr. Newman stated his only concern is that they not increase the amount of the performance bond. There are already some safeguards in place. Ms. McPherson stated it might be appropriate to also amend that particular section of the ordinance that talks about performance bonds to specifically call out conservation practices as outlined in a required conservation plan as one of the included items to be covered by the per€ormance bond. Mr. Kondrick stated that this seems to be an area of concern, and maybe staff can revise the language in Section 208.07. Securities. Ms. Sherek agreed. The performance bond language really needs to be addressed. MOTION by Mr. Kondrick, seconded bg Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED tTNANIMOIISLY. MOTION by Mr. Kondrick, seconded by Ms. Modig, to table discussion on an amendment to Fridley City Code Chapter 208 entitled "Erosion Control" to the next meeting in order for staff to make further modifications as discussed by the Planning Commission. UPON A VOTCE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANTMOIISLY. 3. CONSIDERATION OF A VACATION RE UEST SAV 92-03 BY BOB'S PRODUCE RANCH• To vacate the.north 50 feet except the w 209.7 feet of Lot l, Block 1, East Ranch Estates First ition according to the plat of record on file in the ice of the County Recorder, Anoka County, Minnesota, a e north 10 feet of Lot l, Block 1, East Ranch Estates F' st Addition according to the plat of record and on file ' the office of the County Recorder, Anoka County, Minnes . Generally located at 7620 University Avenue N.E. Mr. Newman ated-that because of a conflict of interest, he would not par ' ipate in the discussion 3nd would abstain from voting on � � _ � Community Development Department PI.��NNING DIVISION City of Fridley DATE: March 11, 1993 �.� • TO: William Burns, City Manager�. FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Renewal of Trailer License for Friendly Chevrolet; 7501 Highway 65 N.E. In 1992, the City Council approved a request for a trailer license at the above-referenced address. This license was issued for a two year period with an annual review of the license. The 1993 renewal notices have not yet been sent out; therefore, staff has attached the 1992 license application for Council's review. Staff has not received any complaints regarding the trailer and there are no outstanding violations on the subject parcel. Mr. Roger Moody, president of Friendly Chevrolet, stated in 1992 that Friendly Chevrolet intended to add on to the building in five years. The petitioner has been notified-;that tiie trailer license will be reviewed at the March 15, 1993 City Council meeting and will be able to answer any questions Council may have regarding future expansion plans by Friendly Chevrolet. Staff recommends that the City Council approve the trailer license renewal for Friendly Chevrolet. MM/dn M-93-113 GTTY Qi FRIDL�.'Y Ild�+`PDC'I'IC�1 • • 6431 University Av�xrue NE /�� ,-- '"� Effective 1/1/91 FYidley, MN 55432 . 572-3604 .<�PPLICATION FOR INSTALLATION OF A MANUFACTURED HOME Installation A�ddress: 1 SO ��}w y b S N•�, , Park Name: �r:t.3dt7 l�.�tJv►o�t�' �c.e, -T'N�,. owner Name &�S: Fr.n.� ��Y CI�a� r� �e � Gt o� �.�c,• �e7�. # 7$4�- 6( o0 In.stallex: � � tC `c �� 1 ha,�5 rC Y 'Iiel. # �80 "' �.�� Aaar�s: a9 �3 R s�. R w=: t�• E. g ta��N z,� M�$s�3:�- _ ATTACHMENTS l. One drawir�g showirig location on pr�o�perty ar�d distarice.s to property line.s. 'Ihis drawirig shall also shaw the location of all structure.s (including deGks, porches and carports) on all adjacent lots. 2. 3. One copy of the foixr�dation aix�/or su}�port plan. One copy of the manufacturex's installation instructions shall be provided to the. Inspec.-tor at the time of the inspec�tion. 4. COMPLETE REVERSE SIDE ON SIIBCONTRACTORS. ir4:N�"'�j Ci.a'rtv- -b� AI2EA: Ie1'lgth C�,RPORT �: IP..ngth DECR AREA: Ierx�th OZ�R: State Seal: � nA�: iz��s�a STIPULATIONS: DESCRIPTION OF MANIIFACTIIRED HOME S � � Width � � � Height S 3 � � Width Height Width Hgt/Ground Approx. Cce�letion Date: . . • • �- sq. Ft. b � a' Sq. F't. Sq. Ft. Tel. ## 0 � v� : G� Q� i C.� r c � Q \ Ci` � c; ��i. �r�c�r: _ �,�,�;�. , C � ,� �-� i � a �• �1. # �� 6 - t� 1 v � P�xmit Fee $ 30.00 S�urcharge $ .50 Receipt # 'lbtal $ 30.50 �+Q�;c,Y �'. C. � ��.�s� �C�aoc ti�� :cy � �� j9 • � - SIIBCONTRACTORS For Installation Of Manufactured Home On Park Lnt GAS CONNECTION: � �� PLUMBING N `� . . �. , CONNECTION: ELECTRICAL ... CONNECTION: 5 K.S �\ec�v; � Co,,.� 33q t�.�tCe. c�.��0. t�,d . . . S�. P n,.,,\, h-t t�, 5 5 � � � �e\ vF83-58$�3 • • � _ C�� F FRIDLEY FRIDLEY MUNIC[PAL CENTER • 6431 UNIVERSITY AVE. N.E. FR[DLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Friendly Chevrolet Roger Moody 7501 Highway 65 N.E. Fridley, MN 55432 Dear Mr. Moody: January 15, 1992 On January 6, 1992, the Fridley City Council officialiy approved your request for a trailer license at Friendly Chevrolet, generally lacated at 7501 Highway 65 N.E., for a two year period, with an annual review of the license each year. A license year runs from May 1 through April 30. I spoke with Ron and asked him to mail a check for $50.00 to satisfy fee requirements through April 30, 1992. A renewal form will be mailed to you in March 1992, at which time it will be reviewed by the City Council as a part of all license renewals. In March of 1993, when the next renewal form is sent, we will schedule you for City Council consideration as part of the regular agenda. If you have any questions regarding the above action, please call me at 572-3590. Thank you for your time and cooperation. Note that you will be receiving a notice regarding the Viron Road street name change. ,� Sir'�icereiy, ,= � fc; J�� -h--�� Barbara Dacy, AICP - j` Community Development Director � � BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by January 29, 1992. (� Concur with action taken FRIDLBY CITY COIINCIL MEETING OF JANUARY 6. 1992 PAGE 13 9. METING OF NOVEMBER 26. 1991: A. MOTION by Councilma itzpatrick to concur with the recommendation of the Appeals ission and grant Variance Request, VAR �91-34 to reduce the etback from the normal high water line from 100 feet to 87.5 f . Seconded by Councilman Schneider. Upon a voice vote, voting'aye, Mayor Nee declared the motion carried unan' usly. 10. APPROVAL OF APPLICATION FOR A TRAILER LICENSE AT FRIENDLY CHEVROLET, GENERALLY LOCATED AT 7501"=HIGHWAY=f5'N.E::'�� Ms. Dacy, Community Development Director, stated that Friendly Chevrolet is requesting approval of a house trailer license to replace the previous manufactured home which burned. She stated that Council approved a license for a house trailer for Viking Chevrolet for a two-year period on May 17, 1982; however, they did not formally apply for an extension in 1984. She stated that, therefore, the previous structure was on site without a license for � seven years. Ms. Dacy stated that Roger Moody, President of Friendly Chevrolet, has indicated he thought the manufactured home was approved by the City when Friendly Chevrolet bought the property. She stated that Friendly Chevrolet wants the trailer home for five years to use as a training facility. Mr. Moody, President of Friendly Chevrolet, stated that he assumed they did not have a problem, as the trailer was installed in 1982. He stated that had he known there would be a problem, they would not have ordered the trailer home. He stated that their plans are to add on to the existing building in five years. Councilman Schneider stated that he would be willing to approve the trailer license for a two-year period with an annual review by Council. MOTION by Councilman Schneider to grant a mobile home trailer license for two years to Friendly Chevrolet, with an annual review by the Council. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � Engineering Sewer Water Parks Streets Mainlenance MEMORANDUM TO: William W. Bums, City Manager „� �' PW93-083 j'� �' FROM: John G. Flora, Public Works Director DATE: March 8, 1993 SUB.lECT: �gg3 Miscellaneous Conc�ete Curb, Gutter and Sidewalk Project No. 245 On Wednesday, March 3, 1993, at 11:00 am, we opened bids on the 1993 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 245. Thirteen (13) potential bidders reviewed the pians and specifications. Eight (8) bids were received. The project consists of the annual maintenance curb and sidewalk replacement and driveway curb cut openings. _ The low bidder on the project was Gunderson Brothers Cement Contractors, Inc. with a bid of $34,902.50. Recommend City Councii award the contract for the 1993 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 245 to Gunderson Brothers Cement Contractor, Inc., in the amount of $34,902.50. JT/JGF: cz Attachment 10 / � CliYOF FitlDl�.Y BtD FOR PROPOSALS REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK, PROJECT NO. 245 WEDNESDAY, MARCH 3, 1993, 11:00 A.M. PLANHOLDER BID B�ND TOTAL BID COMMENfS Gunderson Bros 5°k Cap. $34,902.50 2325 Snelling Ave Indemnity Corp Minneapolis, MN 55404 Thor's General Contracting, Inc. 5% Amwest $36,796.50 627 4th Ave N Surety Ins. Co. New Brighton, MN 55112 Standard Sidewalk 5% In-Land $38,030.00 29635 Neal Ave Ins. Co. Lindstrom, MN 55045 Joseph Construction 5% Trans $39,630.00 1084 Earl Street America Ins. St Paul, MN 55106 Co. Landmark Concrete 5% American $40,429.00 � 10815 Mankato St NE Inst. Architect Minneapolis, MN 55434 Ryan Contracting, Inc. 5% American $41,447.50 1534 E Cliff Rd Inst. Architect Burnsville, MN 55337 Halvorson Construction Co Inc 5% United $42,750A0 1345 157th Ave NE Fire Casualty Anoka, MN 55304 Co. Advance Concrete 5% Trans $42,753.00 7438 Upton American Richfield, MN 55423 Ins. Co. Curb Masters, Inc NO BID 10150 101 st St N Stillwater, MN 55082 Graley Concrete NO BID 10333 Hwy #64 • New Richmond, WI 54017 10A PLANHOLDER BID BOND TOTAL B10 COMMENTS Lindahl & Carison NO BID 1821 University Ave, #318 St Paul, MN 55104 Thomas & Sons, Inc. NO BID 13925 Northdale Blvd P O Box 303 Rogers, MN 553740303 Thor Construction NO BID 8500 Edison Blaine, MN 55449 f" Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: Wiliiam W. Burns, City Manager 1� � PW93-086 �' �� FROM: John G. Flora,�Public Works Director DATE: March 9, 1993 SUBJECT: Street Improvement Project No. ST. 1993-10 (Sealcoat) We have prepared the plans and specifications for the 1993 street sealcoating work. We propose this as the fourth year of our 8-year program for seaicoating the streets within the City of Fridley. This year the major effort is focusing on the Moore Lake Hills, Briardale and Harris Pond areas. In conjunction with this year's sealcoating project, we are participating with several other metro area cities and the Minnesota Department of Transportation Materials Research Department to closely monitor the variables present during the sealcoating process. By closely monitoring the variables, we hope to reduce the probability of unforeseen effects and improve upon the existing sealcoat specifications for future projects. Recommend the City Council approve the attached resolution ordering the improvement, approval of plans and ordering the advertisement for bids for Street Improvement Project No. ST. 1993-10 (Sealcoat). JG F: cz Attachments ,11 / � C,17YOf FRIDL�.Y 1tE'.90I,UTI�+i I�U. - 1993 • �• f� •� • •��+• � t �• •,� � � ia� • •.• • • . . ,� • u • • � a+• � • � • :�•� � i�+ • • : u. • � � i• •.� � a; i� •,• � � � �r� •• � Wf�E'.AS, the City Ca�u�cil of the City of Fridley has e.stablished a policy of Sealcoatirig the City streets on a regular basis, �, the Public Works Direct.or has sui�nitted a plan shcywityg the streets in need of sealooating, . NC7W, T�o�, B� IT RE90LVED, by the City Co�uncil of the City of Fridley, Anoka County,� Minnesota, as follaws: 1. 'I'hat the streets re�ed for sealcoating by the Public Works Department be sealcoated, and the work involved in said impn7vement �hall hereafter be designated as: STREET PFi(J�7EGT 1V1�. ST. 1993 - 10 2. Zhe plans and specifications prepared by the Public Works Department • for suah improvement and each of them, pursuant to the Council action heretofore, are hereby approved and shall be filed with the City Clerk. 3. The work to be perfonned under STREET PRATE�CT N0. ST. 1993 - 10 be performed under one contract. The Public Works Director shall accordingly prepare and cause to be ins�rted in the official newspaper advextisement for bids upon the making of such improvements urider such approved plans and specifications. Zhe advertisement shall be published for two (2) weeks (at least 10 days), and shall specify the work to be done ar�d will state that bids will be opened at 10:00 a.m. on Tuesday, April 13, 1993, in the Council C�mbers of the City Hall, and that no bids will be considered unless sealed and filed with the Public Works Director and ac�anied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five pe.rcent (50) of the amaunt of such bid. That the advertisement for bids for STREET PROJECT 1�A. 1993 - 10 shall be substantially standan� in form. PASSID A1�ID ADOP'I�D BY T!� CITY OOTAaCIL OF TiIE CITY OF FRIDLEY TfIIS 15TIi DAY OF MA12�Qi, 1993. ATTFST: WILLIAM A. CE�MPA - CITY CLEftK 11A WILLIAM J. NF�E - MAYOR 12 13 1,.,...,. . _ ... . .. .. ... .... .. � � � � _ FOR CONCURRENCE BY THE CITY COUNCIL LiCEN8E8 • ��' March 15, 1993 Type of License: B� Approved By: ' Fees: MN Public Lobby Terrie Lee Partin �lames P. Hill Exempt 2221 University Ave.S,E. Public Safety Director Mp1s.,MN 55414 � Citzens for a Better Env. Guy Miller " " ° Exempt 3255 Henn. Ave. So. #150 Mp7s.; MN 55408 � m 14 0 � � FOR CONCURRENCE BY THE CTTY COUNCIL G NERAL, �Q�ITRACT4R-RFSID NTIAI.� Bauer Construction Co (3231) 1080 W Co Rd E . � Shoreview MN 55126 Walter Bauer Sears (8360) 2700 Winter St Minneapolis Mn 55413 Fred Proda.hl �y�NERAL CONTRACTOR-COMMERCIAL Sikh Society of Mn 5831 Uni�rersit� Ave NE Fridley MN 55432 Chan Mehta P�U� � Scott J Plumbing 2112 Highwood Ave St Paul MN 55119 Scott Jcychim Whelan Company Inc 1620 W 98 St Bloomingtt�n MN 55431 W�CKING Don Zappa & Son Excavating Inc 1549 Berne Rd NE� Fridley MN 55432 Mike Whelan Lydia Zappa 14A � LICEN8E8 STATE OF MINN Same CLYDE WILEY Bldg insp STAT'E �F MINN Same CLYDE WILEY Bldg Insp 15