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BURNS - CIT7[ lIANAt3SR _ COD�iCIL ME$TINa _ AFRIL 5, 1993 • � � : � ; - `, - a ; ! � ? f ,�; : � � aNOf FRIDLEY FRIC�LEY CITY C4UN�IL PLEDGE tJF ALLEGIANCE: APRIL 5, 1993 BaARD qF REVIEW MEETING Board of Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 1 A CITY COUt�CIL MEETING APPRUVAL �F MINUTES: City Gouncil Meeting of March 1 a, 1993 ADOPTION 4F AGENDA: UPEN F4RUM, VISITORS: (Consideration of Items Not on Agenda - 15 Minutes} FRlDLEY CITY COUNCIL MEETING OF APRIL 5, y 993 Paqe 2 PUBLIC HEARINGS: 4rdinance Recodifying the Fridiey City �� Code, Chap#er 205, Entitied "Zoning" by Amending Section 245.04.04.1 . . . . . . . . . . . . . . . . . . 2 - 2K �rdinance Establishing Chapter 208 �,�� Entitled "Erosion Controi" to the " Fridley City Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3N OLD BUSINESS: Resoiution Ordering Improvement, Appravai of Plans and 4rdering Advertisement far Bids: Stree# �� '`'a- Improvement Project No: ST. 1993 - 10 (Sealcoat) (Tabied March 15, 1993) . . . . . . . . . . . . . . . . 4 - 4C Appointments to City of Fridley ,,.�,, Commissions {Tabled March 15, 1993): ...................................... 5 0 FRIDLEY CITY COUNCIL MEETING OF APRIL 5, 1993 Page 3 NEW BUSINESS: Establish a Public Hearing for Aprii 19, 1993, for T.R. McCoy's ��L' for a Liquor License . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 First Reading of an Ordina�nce Under Section 12.07 of thf� City Charter to Vacate Streets <�nd Alleys and to Amend Appendix C of the City Code (Vacation� Request, SAV #92-03, by Bob's Produce Ranch; 7620 Uniuersity �� Avenue N.E.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7B Receive the Minutes of the� Planning Commission Mee�ting of March 24, 1993: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 8XX A. Special Use Permit; Request, SP #93-03, by Ricriard Kedrowski, to Allow� Accessory �.�-..�:� Buildings Other than the First Accessory Bui�lding, Over 240 Square F��et, on Lots 1 through 3, Block 4, Oak Grove Addition� to Fridley Park, Generally Located at 6584 Anoka Street IN.E . . . . . . . . . . . . . . . ........................ . : :. . . . . FRIDLEY CITY COUNCIL MEETING OF APRIL 5, 1993 Paqe 4 NEW BUSINESS (CONTINUED� Receive the Minutes of the Planning Commission Meeting of March 24, 1993 (Continued): B. Establish a Public Hearing for April 19, 1993, for a Preliminary Plat Request, P.S. #93-01 y "Anderson Development Replat," by Anderson Trucking Service, Inc., to Replat Lots 1- 5, Block 1, Anderson Development, Generally Located at 7699 Central Avenue N F � ................ C. Establish a Public Hearing for May 3, 1993, for a Vacation Request, SAV #90-02, to Vacate Broad Avenue North of Lafayette Street by the City of Fridley .. �� ............... Receive an Item from the Appeals Commission Meeting of March 2, 1993: A. Variance Request, VAR #93-01, by SignArt for Plywood Minnesota, Inc., to Allow the Continuance of a Variance Granted Prior to November 21, 1977, to Allow the Remodeling of a Sign, Generally Located at 5401 East River Road N.E. - :. : . . . 8F - 8L 8FF - 8XX ............ 9-9Z ��-�, e FRIDLEY CITY COUNCIL. MEETING OF APRIL 5, 1993 Page 5 NEW BUSINESS (CONTINUED): Receive an Item from the Planning Commission Meeting of Ntarch 10, 1993: A. Special Use Permiit Request, SP #93-02, by SignArt for Plywood Minnesot��, Inc., to Allow an Automatic; Changeabte Sign, Generally Lo�cated at 5401 East River Rc�ad N.E. ............. 10-10H ., Resolution Approving a S�ubdivision, Lot Split, L.S. #93-02, by Mildred ��,� King, to Create Two Separate Parcels, Parcel A and Parcel B, Generally Located at 71 - 63 1 /2 W��y N.E. . . . . . . . . . . . . . . . . . . . 11 - 11 I Approve 1993 - 1995 Rec�ycling Services ��✓ Agreement with Super Cy�^le, fnc. . . . . . . . . . . . . . . . . . . 12 - 12Q Establish a Public Hearing� to Amend Chapters 113, Entitled "So�lid Waste Disposal and Recycling C�ollection;° Chapter 220, Entitled �Res�idential Rental and Condominium Common Area Maintenance;" and Chapte�r 11, Entitled "General Provisions and F�ees" of the Fridley City Code . . . . . . . . . . . . . . . �_ .............. 13-13E FRIDLEY CITY COUNCIL MEETING OF APRIL 5, 1993 Page 6 NEW BUSINESS (CONTINUED� Approve Contract with Ayres and Associates for the Design of ��^- �� Locke Lake Dam . . . . . . . . . . . .' . . . . . . . . . . . . . . . . 14 - 14L Resolution Ordering Preliminary Plans, Specifications and Estimates of the , Costs Thereof: Street Improvement � �� "�'-� Project No. ST. 1993 - 1 & 2 . . . . . . . . . . . . . . . . . . . . . 15 - 15E Resolution Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction ��.� �s-�-u-- of Certain Improvements: Street Improvement Project No. ST. 1993 - 1 & 2 . . . . . . . . . . . . . 16 - 16A Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . 17 Claims.................................... 18 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 - 19H Estimates ................................... 20 ADJOURN: ' i, . ;,�' � � . . . . Y .' �. . . . . . .-. i. - . . . �y�+��,�//��r�/ }-� �� #; - . AiAViO� �� .Si�il.al��i Lii�ri .��i! �� ` `;.��,"� . �� IOlRGS 15, 1993 ,, , :, .. `:; � ; - 't , ; ; ; . ,' t ; ; . � . . . � . � � � 3 .. � � . . � :,,! t � ... 6 . . . . . . . .4 . � . . � . . . . . :�., . 4 . . � � . . . . -. � � � � �� .. . . � , . . . . . � � , . . :... � . . . . . . . . . . � . � . . . . � � .��;� THE MINUTES OF THE REGI7LAR MEETING OF THE FRIDLLY CITY COIINCIL OF MARCH 15, 1993 The Regular Meeting.of�the Fridley City Council was called to order at 7:34 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: MEMBERS ABSENT: Ma;tor Nee, Councilman Billings, Councilman Sciineider, and Councilman Fitzpatrick Coizncilwoman Jorgenson Mayor Nee stated that C'ouncilwoman Jorgenson was ill and would not be attending the meeting this evening. PROCLAMATION• NATIONAL POISON PREVENTION WEEK, MARCH 21 - 27. 1993: Mayor Nee issued a proclamation proclaiming the week of March 21 through March 27, 1993 as National Poison Prevention Week designed to educate the public t�o the hazards of household chemicals as they relate to children. He:urged citizens, business people, and other levels of government tc� continue their cooperation with coYamunity organizations and scho�ols to develop programs which alert people to dangers associated with medicines and household products, and to promote effective :;afeguards against accidental poisoning of young children. APPROVAL OF MINUTES: COUNCIL MEETING Ol? MARCH 1, 1993: MOTION by Councilman Sc:hneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MoTION by Councilman S�chneider to adopt the agenda as submitted. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. FRIDLEY CITY COUNCIL MEETING OF MARCH 15. 1993 PAG$•2 PUBLIC HEARINGS: 1. PUBLIC HEARING ON VACATION RE4UEST, SAV #92-03, BY BOB�S PRODUCE RANCH GENERALLY LOCATED AT 7620 UNIVERSITY AVENUE N.E. MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:38 p.m. Ms. Dacy, Community Development Director, stated that this vacation request is for property located in the northwest corner of Osborne Road and University Avenue. She stated that the request is to vacate two easements; one is a ten foot sanitary sewer easement and the other is a 50 foot street and utility easement. She stated that the expansion of Bob's Produce encroached into these easements. Ms. Dacy stated that staff and the Planning Commission have recommended approval of this vacation request. No persons in the audience spoke regarding this proposed vacation. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:40 p.m. 2. PITBLIC HEARING ON A REQUEST TO GRANT A MINNESOTA CURRENCY EXCHANGE LICENSE TO INTERNATIONAL CURRENCY EXCHANGE, INC., GENERALLY LOCATED AT 7893 EAST RIVER ROAD: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:40 p.m. Mr. Pribyl, Finance Director, stated that International Currency Exchange, Inc. has applied for renewal of their license. He stated that as of April, 1992, the State statute requires the City to hold a public hearing to solicit testimony from interested persons. He stated that this business is involved in check cashing and currency exchange. He stated that the petitioner is en route to the meeting to answer any questions from the Council. Mayor Nee asked how long this company has been in business at this location. FRIDLEY CITY COITNCIL M]BSTING OF MARCS 15, 1993 PAGE 3 Mr. Pribyl stated that he believed it has been at this location for about two years. He :stated that a background investigation was conducted, and there ai�e no reasons he is aware of to withhold the license. He stated tha�t there is a resolution on Council's agenda this evening in suppori� of this license. , Councilman Schneider as.ked if this operation placed an undue burden on the Police Department due to the nature of the business. Mr. Pribyl stated that the Police Department did not indicate that this business created <�ny problems. Councilman Billings a�aked if inembers of the Council could ask questions of the petit�Loner when he arrives at the meeting. Mayor Nee stated that the public hearing could be continued to later in the meeting wYien the Council considers the resolution. MOTION by Councilman B�illings to continue the public hearing to later in the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS• 3. APPOINTMENTS TO C]:TY OF FRIDLEY GOMMISSIONS (TABLED 1L/93): APPEALS COMMISSION: MOTION by Councilman Schneider to reappoint Larry Kuechle to the Appeals Commission for a three-year term expiring April 1, 1996. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carried unanimously. MOTION by Councilman ��chneider to reappoint Kenneth Vos to the Appeals Commission for a three-year term expiring April 1, 1996. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declare� the motion carried unanimously. ENVIRONMENTAL QUALITY A,ND ENERGY COMMISSION: MOTION by Councilman S'�chneider to reappoint Susan Price to the Environmental Quality a.nd Energy Commission for a three-year term expiring April 1, 1996. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Bi:llings to table appointment to the seat held by John Velin. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. r- FRIDLEY CITY COIINCIL MEETING OF MARCH 15, 1993 pAGE 4 HUMAN RESOURCES COMMISSION: MOTION by Councilman Schneider to table appointment to the seat held by Susan Sherek. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to reappoint Terrie Mau to the Human Resources Commission for a three-year term expiring April l, 1996. Seconded by Councilman Billings. Upon a voice vote, all voting aye Mayor Nee declared the motion carried unanimously. PARK5 AND RECREATION COMMISSION: MOTION by Councilman Schneider to reappoint John Parks and Recreation Commission for a three-year April 1, 1996. Seconded by Councilman Billings. vote, all voting aye, Mayor Nee declared the unanimously. CABLE TELEVISION COMMISSION: Gargaro to the term expiring Upon a voice motion carried MOTION by Councilman Schneider to reappoint Ralph Stouffer to the Cable Television Commission for a three-year term expiring April 1, 1996. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to reappoint Burt Weaver to the Cable Television Commission for a three-year term expiring April 1, 1996. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. POLICE COMMISSION: Councilman Schneider stated that he talked to John Burton regarding possible appointment to the Police Commission since Tim Breider was not interested in reappointment. He stated that Mr. .Burton has very impressive credentials, and he is genuinely interested in giving something back to the community. MOTION by Councilman Schneider to nominate John Burton for appointment to the Police Commission for a three-year term expiring April 1, 1996. Seconded by Councilman Fitzpatrick. Councilman Billings stated that with the appointment of Mr. Burton, there would be a representative from each ward on the Police Commission. � There being no further nominations, an unanimous ballot was cast for the appointment of John Burton to the Police Commission. FRIDLEY CITY COUNCIL MEi�TING OF MARCH 15. 1993 _ PAGE 5 HOUSING AND REDEVELOPME2IT AUTHORITY: MOTION by Councilman Billings to table appointment to the seat held by Duane Prairie. Secon�ded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PLANNING COMMISSION, AT•-LARGE: MOTION by Councilman Sc:hneider to reappoint Connie Modig to the at-large seat on the Flanning Commission for a three-year term expiring April 1, 1996. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE THE MINUTi�S OF THE PLANNING COMMISSION MEETING OF FEBRUARY 24. 1993: . A. SPECIAL USE PERMIT REQUEST, 5P #93-01 BY WESTMINSTER CORPORATION . TO ALI�OW HOMES FOR THE ELDERLY , GENERALLY LACATED NORTH AND EAST OF ST. WILLIAM'S CHURCH ABUTTING FIFTH STREET N.E. (TABLED 3l1/9�_ Mayor Nee requested 1„hat the rezoning of this property be considered before this special use permit and lot split request. 5. ORDZNANCE NO. 100;6 TO AMEND THE CITY CODE OF THE •CITY OF FRIDLEY, MINNESOTP� BY MAKING A CHANGE IN ZONING DISTRICTS �REZONING ZOA #88--04) BY COMMUNITY DEVELOPMENT CORPORATION �WESTMINSTER) (TABLED 311/93): Ms. Dacy, Community Development Director, stated that this is a request to rezone propez�ty generally located north of St. William's Church from R-2 and C-3 to R-3 to permit the construction of a multiple family elderl�y housing project. She stated that this ordinance had a first rE�ading in March, 1989, and it is recommended that the second and fir,�al reading be held this evening. MOTION by Councilman Fitzpatrick to waive the reading and adopt Ordinance No. 1008 on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carried unanimously. 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 24, 1994:_ A. SPECIAL USE PER1�'IIT RE UEST, 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. (.,TABLED 3/1/93) : Ms. Dacy, Community De��elopment Director, stated that the Council requested additional i�nformation at their last meeting regarding FRIDLEY CITY COIINCIL MEETING OF MARCH 15. 1993 PAGE 6 the deed restriction and underground irrigation. She stated that staff had recommended a deed restriction that the project would only be for elderly and handicapped persons. She stated that she contacted Chuck Sorenson, legal counsel for HUD. He suggested the City .include a stipulation on the special use permit dictating that the project is for the elderly and handicapped only. She stated that this would be acceptable under the I�UD guidelines as opposed to a recorded deed restriction. She stated that Stipulation No. 4 as originally recommended has been amended. Ms. Dacy stated that in regard to the underground irrigation system, Mr. Sorenson confirmed that this item is not eligible for reimbursement through Section 202 financing. She stated it is felt that this requirement should not be waived, but should be given Westminster Corporation a longer time to install this system. She stated it is recommended that Stipulation No. 3, which states an underground irrigation system shall be installed five years from the issuance of a certificate of occupancy, be eliminated from the stipulatians. She stated that this requirement for the irrigation system is a code requirement, and the City couid enforce this through the building permit. MOTION by Councilman Fitzpatrick to grant Special Use Permit Request, SP #93-01, with the deletion of the stipulation which relates to the underground irrigation system, and 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) the use of the building shall be for occupancy by elderly and handicapped persons as defined in Section 202 Department of Housing and Urban Development regulations. If Section 202 regulations are amended, the management entity of the building shall notify the City Council for review and consent of the changes; (4) lot split request, L.S. #93-01 shall be approved; and (5) the exterior shall be brick. Seconded by Councilman Schneider. Councilman Billings stated that he is uncomfortable with voting on this without Councilwoman Jorgenson present. He stated that Councilwoman Jorgenson seemed concerned with assurances that the property remain for elderly and handicapped housing as well as the underground irrigation. Mayor Nee stated that this issue is covered in the stipulations, and he would just as soon proceed with a vote.' Councilman Schneider stated that he is satisfied with the stipulation relative to the use of the building. He stated that FRIDLSY CITY COUNCIL ME�TING OF MARCH 15. 1993 PAG$ 7 he would suspect this also addresses Councilwoman Jorgenson's concerns. However, if ithis were not the case, and other members of the Council were in favor, it would not influence the final outcome. Councilman Fitzpatrick :stated that he was prepared to vote on the motion. Councilman Billings stat:ed that the stipulation for the underground irrigation system has been eliminated; however, it is a code requirement. He asked if this would be handled on the building permit. Ms. Dacy stated that it: would be handled in conjunction with the building permit. Councilman Billings asls:ed if a letter would be required that at some period of time Westminster would install the underground irrigation system to comply with the City's code. Ms. Dacy answered in the affirmative. UPON A VOICE VOTE TAKE]J ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. RESOLUTION NO. 25-1993 APPROVING A SUBDIVISION LOT SPLIT, L. S. # 9 3-O 1, BY WEf�TMINSTER CORPORATION TO CREATE TWO SEPARATE PARCELS GENERALLY LOCATED NORTH OF 61ST AVENUE AND WEST OF 5TH STREET• Ms. Dacy, Community De�velopment Director, stated that this iot split divides St. Wiiliam's church property into two parcels. Ms. Dacy stated that th.e Planning Commission recommended approval of the lot split requ.est subject to the stipulation that the petitioner execute and record an open air easement to provide an additional 4,830 squar�e feet of land area on the St. William's parcel. She stated that the proposed easement language shall be reviewed by the City At:torney prior to execution of the easement, and the easement shall not be used to calculate setbacks or lot area calcuZations on th�e St. William's property. She stated that if necessary, a consE:nt by a mortgage holder shall also be submitted. MOTION by Councilman Fi.tzpatrick to adopt ResoZution No. 25-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declarec[ the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of February 24, 1993. Seconded by Councilman Billings. U�pon a voice vo�s, all voting aye, Mayor Nee declared the motion cax-ried unanimou�i�, FRIDLSY CITY COIINCIL MSETING OF MARCB 15. 1993 PAG$ 8 NEW BUSINESS• 2. PUBLIC HEARING RE4UEST TO GRANT A MINNESOTA CURRENCY EXCHANGE LICENSE TO INTERNATIONAL CURRENCY EXCHANGE INC. GENERALLY LOCATED AT 7893 EAST RIVER ROAD: Mayor Nee reopened this public hearing at 8: 08 p.m. , which had been continued from earlier in the meeting. Mr. Tom Potts, owner of International Currency Exchange, Inc., was present to answer questions from the Council. Councilman Schneider asked the nature of the business. Mr. Potts stated that they cash checks, and their charges are less than the bank's. He stated that they also issue money orders. Mayor Nee asked Mr. Potts how long he had been in business in Fridley. Mr. Potts stated that he has been in business in Fridley for a year and two months. He stated that he also owns a business on Payne Avenue in St. Paul. He stated that his businesses are controlled by the Department of Commerce, and this is the first year they are required to have a hearing before the municipality in which they are located. Councilman Schneider asked Mr. Potts if they have had any police problems at the business. Mr. Potts stated that they have had no problems, and they do have. bullet proof glass. No other persons in the �audience spoke regarding this proposed license. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:13 p.m. 6. RESOLUTION NO. 26-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA CURRENCY EXCHANGE LICENSE TO iNTERNATIONAL CURRENCY EXCHANGE, INC.• MOTION by Councilman Fitzpatrick to adopt Resolution No. 26-1993. 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEBTING OF MARC$ 15. 1993 PAGE 9 7. RESOLUTION NO. 27-1993 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO MINNESOTA BASS FEDERATION: Mr. Pribyl, Finance Director, stated that the Bass Federation is a non-profit organization which provides seminars to youth on bass fishing, and fifty percent of their income comes from this raffle. He stated that this would be for a one time event to be held on May 29, 1993. MOTION by Councilman Fitzpatrick to adopt Resolution No. 27-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE ITEMS FROM THE MINUTES OF THE PLANiNG COMMISSION MEETING OF FEBRUARY 10. 1993: 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: MoTION by Councilman Schneider to set the public hearing for April 5, 1993 to consider recodifying the Fridley City Code, Chapter 205, entitled "Zoning" by amending Section 205.04.04.I. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR APRIL 5 1993 FOR AN ORDINANCE ESTABLISHING CHAPTER 208 ENTITLED "EROSION CONTROL" TO THE FRIDLEY CITY CODE: MOTION by Councilman Schneider to set the public hearing for April 5, 1993 to consider establishing Chapter 208 to the Fridley City Code entitled "Erosion Control." Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of February 10, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVE TkAILER LICENSE RENEWAL FOR FRIENDLY CHEVROLET, GENERALLY LOCATED AT 7501 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that in 1992 the Council approved a trailer license for a two-year period with an annual review of this license. She stated that the action of the Council this evening is to conduct a review of the license. Mr. Moody, Friendly Chevrolet, stated that they use the trailer oniy for training purposes about six or seven hours a week. He FRIDLEY CITY COIINCIL MEETING OF MARCH 15, 1993 PAGE 10 stated that it is hoped they can add on to their business in five years. Councilman Schneider asked if this five-year time period could be accelerated. He stated that the Council committed to a two-year period, but he would rather construction began on the addition. He stated that he did not know if he could vote for another renewal next year. Ms. Dacy stated that the original request was for a trailer license for five years; however, the Council approved the license for a two-year period. Mr. Moody stated that they would like to expand their business as soon as it was possible. MOTION by Councilman Schneider to continue the trailer license for Friendly Chevrolet for another year to April 1, 1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE BIDS AND AWARD CONTRACT FOR 1993 MISCELLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK PROJECT NO. 245: MOTION by Councilman Fitzpatrick to receive the following bids for the i993 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 245: Bidder Gunderson Brothers 2325 Snelling Avenue Minneapolis, MN 55404 Thor's General Contracting, Inc. 627 4th Avenue N. � New Brighton, MN 55112 Standard Sidewalk 29635 Neal Avenue Lindstrom, MN 55045 Joseph Construction 1084 Earl Street St. Paul, MN 55106 Landmark Concrete 10815 Mankato St. N.E. Minneapolis, MN 55434 Total Bid $34,902.50 $36,796.50 $38,030.00 $39,630.00 $40,429.00 FRIDLEY CITY COIINCiL ME$TING OF MARC$ 15. 1993 PAGE 11 Ryan Contracting, Inc. 1534 E. Cliff Rd. Burnsville, MN 55337 Halvorson Construction Co., Inc. 1345 157th Avenue N.E. Anoka, MN 55304 Advance Concrete 7438 Upton Richfield, MN 55423 $41,447.50 $42,750.00 $42,753.00 Seconded by Councilman Billings. Upon a_voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that thirteen proposals were mailed, and eight bids were received. He stated that the low bidder was Gunderson Brothers with a bid of $34,902.50, and he recommended the contract for this project be awarded to this contractor. MOTION by Councilman Schneider to award the contract for the 1993 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 245 to the low bidder, Gunderson Brothers in the amount of $34,902.50. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST. 1993-10 (SEALCOAT� • Mr. Flora, Public Works Director, stated that this is the fourth year of the City�s eight-year program for sealcoating the streets in the City. He stated that in conjunction with this year's sealcoating project, the City is 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 to determine the best procedure to use in this area. He stated that the cities and counties use sealcoating as the major means of street rehabilitation and with MnDOT's Materials Research Department reviewing this process, it is felt the cities and counties will get a better product each year. Councilman Schneider stated that when the sealcoating was done on his street, fifty to eighty percent of the rocks used in this process ended up on his lawn. He stated that he appreciated a study being done, but he wondered if such a large area of streets should be sealcoated before the problem is solved. Mr. Flora stated that the City was losing rocks from the 1992 project, but he did not believe it was as bad as the 1990 project. FRIDLEY CITY COIINCIL MSETING OF MARCH 15. 1993 PAGE 12 He stated that the project area is divided into four quadrants to evaluate the asphalt and types of rocks that are used in the process. � Councilman Schneider stated that in the last several years the rocks fram the sealcoating process were on the residents' lawns and being tracked into their homes. He stated that he is not blaming anyone, but he wondered if it was wise to include this many streets for sealcoating until the problem is understood. Mayor Nee asked if anything different was done in the last few years than what was done before this period. Mr. Flora said that the state specifications have always been followed for the sealcoating using the same specifications and rocks. He stated that he is not sure if the City is receiving a lower grade of asphalt or if, in the washing process, some of the ions are changed. He stated that the problem is not unique to Fridley, and that is why the City is working with other cities and the Department of Transportation to try and solve this problem. He stated that if only a few streets were sealcoated it might not be a good evalua�ion, as not all streets react in the same way. Mayor Nee asked what the contractors have to say about the problem. Mr. Flora stated that the contractor blames the asphalt company, and the asphalt company blames it on the rocks that are used. He stated that the contractor is working with them, but no one knows what is causing the problem. Mr. Flora stated that the Council could reduce the number of streets to be sealcoated, as the emphasis is to find out why the sealcoating process is not working. He stated that it is felt there is a problem with the Department of Transportation's specifications, and that is why MnDOT was asked to make an analysis. Mayor Nee asked who checks to see if the City gets what was ordered and if it meets specifications. Mr. Flora stated that tests are done periodically by the state. Councilman Schneider stated that he would like to find out what tests they are planning to conduct and in what areas. Councilman Billings stated that he understands the streets would be divided into four quadrants, so there wouid be four test.areas with two different kinds of asphalt and rock. He asked what type of asphalt would be used. Mr. Flora stated that it is the emulsion type, and they would increase the quantity and grade. FRIDLEY CITY COLTNCIL MEBTING OF MARCH 15. 1993 PAGE 13 Councilman Billings stated that he would agree the City would not want to sealcoat a lot o�F streets using the same materials used in two out of the last th�ree years when there were problems. He stated that, however, in order to conduct the tests, a reasonable area is needed in order to have a reasonable sampling. Mr. Fora stated that p�resently there are seven cities and two counties involved in the study. He stated that all the cities will be working on different �3spects, and Fridley now has agreed to use the two different types of rocks. Councilman Schneider asked if the tests could be done with a third of the streets proposed in this sealcoating project. Mr. Flora stated that hE; felt it could be done but with a larger sampling, the results w��uld be better. He stated that he would like to discuss this further with the Minnesota Department of Transportation and come back to the Council at the next meeting. MoTION by Councilman Sc:hneider to table this item to the.next meeting on April 5, 1993�. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. INFORMAL STATUS REF�ORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 13. CLAIMS• MOTION by Councilman ScYineider to authorize payment of Claim Nos. 48209 through 48466. 3econded by Councilman Billings. Upon a voice vote, all voting �iye, Mayor Nee declared the motion carried unanimously. 14. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in th�e License Clerk's Office. Seconded by Councilman Billings. U��on a voice vote, all voting aye, Mayor Nee declared the motion car�cied unanimously. FRIDLEY CITY COIINCIL MEETING OF MARCH 15, 1993 PAGE 14 15. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard, N.W. Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of February, 1993 . . . . . . . . . . . . . . $2,348.25 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• Mayor Nee adjourned the meeting at 8:47 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: Form No. A. F. 4— Notice to Clerk of Meeting of Boarcl of Review —`Equalization. OFFICE C)F COUNTY ASSESSOR ��.��g�� TOTHECI.ERKOFTHE Citv OF Fridley A,no COUNIY, MINNESOTA: Poucher, Mpis. NOTICE IS HEREBY GIVEN, That the 5 t:h ( Mon .) day of Apr i 1, 19 9 3 at 7: 3 0 o'clock P• _ M., has been fixed as the date fo� the meeting of the Board of Review— Istrike an one� "`Equalization—in your City fc�r said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesot;a Statutes Section 274.03, you are required to give notice of said meeting by publica#ion and posting, noi later than 1en days prior to the date of said meeting. Given under my hand this day of Janua � /� '-�l'" C_�./ _ �.�. � � County Assessor , �9 93 Anolca County, Minnesota `Applies o�ly to Cities whose charter provides for a 13oard of Equalization instea� of a Board of Review. 1 CITY OF FRIDLEY OFFICIAL PUBLICATION AS5ESSMENT NOTICE NOTICE IS HEREBY GIVEN, that the Board of Review of the City of Fridley in Anoka County, Minnesota, will meet at the Fridley Municipal Center, 6431 University Avenue Northeast, in said City on Monday the 5th of April, 1993 at 7:30 P.M., for the purpose of reviewing and correcting the assessments of said City of Fridley for the year of 1993. All persons considering themselves aggrieved by said assessment or who wish to complain that the property of another is assessed too low are hereby notified to appear at the said meeting and show cause for having such assessments corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under my hand this 16th day of March, 1993. William A. Champa City Clerk Published: March 25, 1993 Star Tribune March 30, 1993 Fridley Focus 1A � _ � � DATE: TO: FROM: Commu.nity Development Department PLANNING DIVISION City of Fridley April 1, 1993 �� William Burns, City Manager �� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Conduct Public Hearings for Ordinances Amending Chapter 205, Entitled "Zoning", by Amending Section 205.04.04.I, and Establishing Chapter 208, Entitled "Erosion Control" Background - Federal Legislation The City Council established;April 5, 1993 as the date to conduct public hearings for two ordinances: 1. 2. To amend Chapter 205, entitled "Zoning", by amending Section 205.04.04.I., and To establish Chapte:r 208, entitled "Erosion Control". The proposed ordinance:� are in response to a mandate by the Metropolitan Council t�� limit the levels of nonpoint source pollution. These manciates are a result of a study by the Environmental Protection Agency to reduce nonpoint source pollution in the Minnesota River. These agencies have been studying sources of nonpoint pollution f'or the last two years in an attempt to reduce the amount of organic and toxic pollutants in the Minnesota River where it enters tlle Mississippi River. This is the second phase of a two part effort to reduce the overall pollution loading in the Minnesota and Mississippi Rivers. The first phase concentrated on reducing point sources of pollution, i.e. pollution leaving the various se��age treatment plants. The second phase hopes to reduce the no�npoint source pollution in the Minnesota River by 40o by 1996. Local municipalities ha��e been informed of an "interim strategy" to reduce nonpoint sourc:es of pollution. The interim strategy has three parts: ` Zoning and Erosion Control April l, 1993 Page 2 1. Adopt design standards for new storm water ponds based on the National Urban Runoff Program. The interim strategy does not address retrofitting existing ponds; however, we have already enforced these standards informally. 2. Adopt MPCA "best management practices" for construction and development. Best management practices are design standards to protect the water quality of the runoff from a site. They require facilities like sedimentation ponds and silt fences. These two steps were to be completed by September 30, 1992. The ordinance amendments address these two steps of the interim strategy mandated by the Metropolitan Council. Additio�al requirements regarding nonpoint source pollution may be forthcoming from the Metropolitan Council in the next 12 months. 3. Adopt the Department of Natural Resources' shoreland regulations. The City of Fridley is currently not a"high priority" community. Staff has begun work on drafting a shoreland ordinance and has met with Tom Hovey, Area Hydrologist from the DNR, regarding the City's concerns and the overall impact of adopting a blanket shoreland ordinance as designed by the DNR. Staff is working to design a shoreland ordinance which meets the minimum requirements of the DNR while minimizing the impact to developed lots in the City. Staff will submit this modified ordinance to the Department of Natural Resources for review. Ordinance Components Chapter 205 The components for amended Section 205.04.04.I include: 1. Adopts MPCA's best management practices by reference. 2. Requires submission of a grading and drainage plan in conjunction with a building or land alteration permit. 3. Requires submission of a conservation plan and time schedul� in compliance with proposed Chapter 208. 4. Requires an "as built survey" 'of detention facilities. 5. Requires a storm water detention facility maintenan+r,� agreement. 2A Zoning and Erosion Control April 1, 1993 Page 3 Chapter 208 The proposed chapter: 1. Requires a"conseYVation plan" (erosion cantrol plan) in conjunction with �� building permit or a land alteration permit. 2. Establishes standa:rds and specifications for conservation practices and planning activities which eliminate or minimize soil erosion and se.dimentation. Fee Schedule Amendment. At the April 19, 1993 C'ity Council meeting, we will schedule an ordinance to amend the jFee schedule to cover staff costs for the conservation plan revi�ew. Fees will be added to the land alteration permit proce�;s for modifications to properties already developed. A new change� will be added to the building permit for vacant properties prop�osed to be developed. The fees were developed by the Public Works Department in coordination with the consultant working on tr�e fee study. Staff recommends that tiie City Council conduct the public hearing for the ordinances amen��ing Chapter 205 and establishing Chapter 208. MM/ dn M-93-170 : ORDINANCE NO. - 1993 AN ORDINANCE RECODIFYING THE 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. BUILDING SITL 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 least 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. ZC Page 2 - Ordinance No. G. Where the fron�t yard setback of existing buildings is greater than t.he minimum front yard setback required and said exis�ting buildings are within one hundred (100) feet on e:ither side of a structure to�be erected, then the setba��k 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 p�operties is vacant, an assumed setback of thirty-five (35) feet will be used. H. In computing ttie depth of a rear yard for any building where the rear line of the lot adjoins an alley, one half (1/2) of t:he width of the alley may be included as rear yard dept:h, provided that the actual rear yard depth on the 7'�ot shall not be less than twenty (20) feet in any r•esidential district and not less than twenty-five (2��) feet in any other district. I. No land shall ��e altered and no use shall be permitted that results iri water run-off causing flooding, erosion or deposits of minerals on adjacent properties. The following standlards shall be implemented: �1,Z The City iiereby adopts bv reference the Minnesota Pollution Control Agencv. Division of Water Quality, "Protecting Water 4uality in Urban Areas, Best Mana�gement Practices for Minnesota" within which are the National Urban Runoff Pollution Standards and Best Management Practices. � A gradincl and drainage plan shall be submitted in conjuncticm with a building or land alteration permit and shall be drawn at a scale no smaller than one S1) inch ecLuals two hundred feet, and shall coiitain, but is not limited to, the followinq information: � exist:ing and proposed Qrades with a minimum of tFro foot contour intervals to a known sea level. datum; � suffi.cient spot elevations on ail proposed hard surface areas; �c� estiaiated run-off of the area based upon five (5) 2ind one hundred (100) y.ear 24 hour storm event:s with a minimum time of intensity of twent.y (20) minutes; 2D Page 3 - Ordinance No. � provisions to carry run-off to the nearest adequate outlet, such as a storm drain, natural drainage way or street; jel location of any proposed ponding areas, indicating the size and depth of the pond and amount of acre feet of water to be stored; ,�f1 finished floor elevations of all buildings; .ig1 identification of soil conditions by type and location, including identification of the water table, and suitability of the soil "for the proposed development, and � 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 landscaping, repairs, and maintenance work; B. construction, installation, maintenance of above ground electric and telephone utility lines or individual service connection to the utilitv lines; C. preparation for single-family residences separately built on lots with slopes less than twelve ll2) percent, unless in conjunction 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 exception applies; E. installation of fence, sictn, 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 according to standard specifications. 2E f I P Page 4 - Ordinance No. L4j. A conservatic�n plan and time schedule shall be submitted in a�ccordance with Chapter 208. � Stormwater ruri-off from a develo�ed site will leave at no greater ra�te or lesser quality than the stormwater run-off from the site in an undeveloped condition. Stormwater rur.�-off shall not exceed the rate of run-off of the undeve:lo.ped land for a 24 hour storm with a 1 year return f:rectuency. Detention facilities shall be designed for a 24 hour storm with a 100 year return frequency. �►11 run-off shall be uroperly channeled into a storm cirain water course, pondinq area or other public facilit:y designed for that Qurpose. Any chanqe in grade affecting water run-off onto an adjacent property must be approved by the City. � In order to E:nsure the construction was completed in accordance wit:h the approved desiqn and plans, an "as- built" survev of detention facilities on the property shall be preptired and submitted to the Citv. The plan shall indicate� the size, location, elevation, and depth of the pond as well as the location of all structures and any crrouncl opening elevations on them. �71 For those detention facilities which are to be maintained b�� the property owner, a maintenance agreement sha7Ll be executed bv the property owner and recorded agai�nst the propertv title to ensure proper onqoing mainte�nance. J. The standards established herein serve, among the other purposes of t:his 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 pur�pose herein to provide standards which encourage use:� of land and the erection of buildings and structure:� in areas which are open, unplatted or without any :�ubstantial 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 reasonable uses of a parcel of land recorded or approved prior to th�e enactment of this Chapter and is therefore, smailler or different in type, size, style or design from tkiat otherwise required herein. 2F 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 2G WILLIAM J. NEE - MAYOR PLANNING COMMISSION MEE7'ING, FEBRIIARY 10, 1993 PAGE Z 1. PUBLIC HEARING: An amendment to the Fridley City Code Chapter 205, entitled "Zoni.ng" by amending Section 205.04.04.I, to: A. Adopt by refeY-ence Best Management Practices B. Require submi:�sion of a grading and drainage plan C. Require submi::sion of a conservation plan and schedule D. Establish staridards for control of storm water run-off E. Require "as-btiilt" drawings and maintenance agreements MOTION by Mr. Kondrick, seconded by Ms. Savage, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE l?IIBLIC HEARING OPEN AT 7:34 P.M. Ms. McPherson stated tha�t in 1988, the Metropolitan Council amended their Water Resources Development Plan of the Metropolitan Development and Invest�ment Framework. As part of that, the Metropolitan Council directed Metropolitan Council staff to prepare an implementation strate�gy to improve overall water quality in the metropolitan region by �-educing non-point source pollution. This directive was then passed on to local municipalities for comprehensive plan updat:e. Ms. McPherson stated that in 1992, City staff was notified that the Metropolitan Counc:il had been working on attempting to implement their strategies to reduce non-point source pollution and were using as a ba:�is the Environmental Protection Agency's and Minnesota Pollutior.� Control Agency's joint project for the Minnesota River. This :is a project to attempt to reduce the non- point source pollution �ilong the Minnesota River in an attempt to reduce the pollution lo��ds in the Minnesota River. Ms. McPherson stated tha�t as a result of that ongoing study, local municipalities have been�mandated to do three things: (1) to adopt design standards for si�orm 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' (DNR) Shoreland Ordinanae. Ms. McPherson stated c�ity staff is working on the Shoreland Ordinance. However, the DNR has indicated that Fridley is not a "high priority city" as it is 85% developed, and most of its shoreland property i:� 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 wliich is modified to meet the City's needs. 2H PLANNTNG COMMISSI�N MEETING, FEBRIIARY 10, 1993 PAGE 3 Ms. McPherson stated the first ordinance amendment is for the Zoning Code which is Chapter 205. In Chapter 205, there is a subsection entitled "Building Site" which talks�about requiring building permits and various other development 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 entitled, "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 runoff. 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. It sets forth standards for maintenance and also has a notification 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 for 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 2� ,:,,.: : .. : . . :... ...... .. ...... . .. . . .. .. .,.... , .... .,...., .,..... ... ..... ..,,., ..... . .....,..... ..... ..::+.......... PLANNING COMMISSION MEE7!ING, FEBRIIARY 10, 1993 PAGE 4 for all outdoor improvements that is usually held for a certain amount of time. Ms. Sherek asked if th�ere are any standards set £orth in this ordinance regarding fenc:ing the detention ponds. Ms. McPherson stated sh�a is not aware of any standards regarding iencing, but she could rE:view that with the Engineering Department. Ms. Sherek stated she i�elieved it is very important to require Fencing around detentiori ponds for safety reasons. Mr. Newman stated tha�t 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 pos:�ibility of incorporating language from Chapter 208, Paragraph 3, to exclude structures that are single family homes or for addi1tions that are less than 9, 000 square feet. Could Ms. McPherson elak�orate on that? Ms. McPherson stated that right now the proposed language in Chapter 205 requires that a grading anc� drainage plan be submitted in conjunction with a building or land alteration permit. While the City may always req�uire a land alteration permit, it may be appropriate in all cases to reguire an extensive grading and drainage plan for certa��n types of project. Ms. McPherson stated tha.t in Chapter 208 there are exemptions from submitting a conservatic�n plan, and those exemptions include minor land disturbances, construction or installation of utilities, preparation for single f�amily residences built on single lots, and for commercial or industrial� uses where the disturbance of the land area is less than 9, 000 ;�quare feet which would potentially include a small addition to an E:xisting business plus some improvement to the parking lot. Ms. McPherson stated th.at one thing discussed by Mr. Newman and staff was possibly inclu�ding that type of language as an exception in Chapter 205. She has not had an opportunity to review that with the Engineering DepartmE�nt, but she believed it would be a logical inclusion. Mr. Sielaff stated he wc�uld be a little concerned because it would really be site dependen.t. There needs to be some discretion to determine this on a site-by-site basis. Chapter 208 talks about an 18o slope, and he w�uld be a little bit concerned about the slope or other situations. Ms. McPherson stated t:hat in Chapter 208, Section D, there is language that allows ttie City to require a plan even though it falls under the exemption. She be]ieved they could word the 2J PLANNING COMMISSION MESTING, FEBRIIARY 10. 1993 PAGT_s 5 exemption for Chapter 205 in a siimilar 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 VOTL� ALL VOTING AYE, CBAIRPERSON NBWMAN DECLARED THE MOTION CARRIED 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 IINANIMOOSLY. 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 e�osion and sedimentatio MOTION by Mr. Kondrick, seconded by Ms. Sava , to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE,�RPERSON NEAM.AN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEA 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. 2K � i _ �I � . Community Development Department PLANNING DIVISION City of Fridley DATE: April 1, 1993 b• �/ TO: Wil].iam Burns, City Manager� FROM: Barx�ara Dacy, Community Development Director MicY�ele McPherson, Planning Assistant SUBJECT: Concluct Public Hearings for Ordinances Amending Cha��ter 205, Entitled "Zoning", by Amending Sect;ion 205.04.04.I, and Establishing Chapter 208, Entitled "Erosion Control" Background - Federal Leqislation The City Council establ��shed April 5, 1993 as the date to conduct public hearings for two ordinances: 1. 2. To amend Chapter 205, entitled "Zoning", by amending Section 205.04.04.I., and To establish ChaptE�r 208, entitled "Erosion Control". The proposed ordinance;s are in response to a mandate by the Metropolitan Council to limit the levels of nonpoint source pollution. These mandates are a result of a study by the Environmental Protectior,�Agency to reduce nonpoint source pollution in the Minnesota River. These agencies have been studying sources of nonpoint pollution :Eor the last two years in an attempt to reduce the amount of org�anic and toxic pollutants in the Minnesota River where it enters the Mississippi River. This is the second phase of a two part effo�rt to reduce the overall pollution loading in the Minnesota and Mississippi Rivers. The first phase concentrated on reducing point sources of pollution, i.e. pollution leaving the various se�aage treatment pZants. The second phase hopes to reduce the nonpoint source pollution in the Minnesota �River by 40% by 1996. Local municipalities have been informed of an "interim strategy" to reduce nonpoint sourc:es of pollution. The interim strategy has three parts: Zoning and Erosion Control April 1, 1993 Page 2 1. Adopt design standards for new storm water ponds based on the National Urban Runoff Program. The interim strategy does not address retrofitting existing ponds; however, we have already enforced these standards informally. 2. Adopt MPCA "best management practices" for construction and development. Best management practices are design standards to protect the water quality of the runoff from a site. They require facilities like sedimentation ponds and silt fences. These two steps were to be completed by September 30, 1992. The ordinance amendments address these two steps of the interim strategy mandated by the Metropolitan Council. Additional requirements regarding nonpoint source pollution may be forthcoming from the Metropolitan Council in the next 12 months. 3. Adopt the Department of Natural Resources' shoreland regulations. The City of Fridley is currently not a"high priority" community. Staff has begun work on drafting a shoreland ordinance and has met with Tom Hovey, Area Hydrologist from the DNR, regarding the City's concerns and the overall impact of adopting a blanket shoreland ordinance as designed by the DNR. Staff is working to design a shoreland ordinance which meets the minimum requirements of the DNR while minimizing the impact to developed lots in the City. Staff will submit this modified ordinance to the Department of Natural Resources for review. Ordinance Components Chapter 205 The components for amended Section 205.04.04.I include: 1. Adopts MPCA's best management practices by reference. 2. Requires submission of a grading and drainage plan in conjunction with a building or land alteration permit. 3. Requires submission of a conservation plan and time schedule in compliance with proposed Chapter 208. 4. Requires an "as built survey" of detention facilities. 5. Requires a storm water detention facility maintenance agreement. 3A Zoning and Erosion Control Apri1 1, 1993 Page 3 Chapter 208 The proposed chapter: l. Requires a"conservation plan" (erosion control plan) in� conjunction with a� building permit or a land alteration permit. 2. Establishes standa�rds and specifications for conservation practices and plann.ing activities which eliminate or minimize soil erosion and sedimentation. Fee Schedule Amendment At the April 19, 1993 City Council meeting, we will schedule an ordinance to amend the i:ee schedule to cover staff costs for the conservation plan revi��w. Fees will be added to the land alteration.permit process for modifications to properties already developed. A new change will be added to the building permit for vacant properties prop��sed to be developed. The fees were developed by the Public Works Department in coordination with the consultant working on th.e fee study. Staff recommends that th.e City Council conduct the public hearing for the ordinances amenciing Chapter 205 and establishing Chapter 208. MM/dn M-93-170 :� ORDIl�I�E PU. - 1993 • • • � r- sr' � v� : y:i� w r • �+• � : �+ �� ;.�. �;� •�� 4•.• • :�- � �� •�•� The City Council of the City of Fridley does ordain as follaws: «•►• • �• � : �•.�. •� •�� •,� � ' � il� ��•� ;�i� � ��+��4 The intent of this o�ir�n� is to eliminate soil erosion whenever possi.ble; and, in circ�nnstances where elimination i.s not feasible, the ordinanoe requires activities to control soil erosion and sedimentation. The pu�pose of this ordinance is to establish standa�3s and specifications for conservation practices and planning activities which eliminate or m;nim;ze soil erosion and subsequent sedimentation. 208.02 DEFIIdITIONS The following terms have the meanirigs gi�en them in this chaptex: 1. Conservation plan and time schedule. A doc�nnent listirlg a set of practices that whe.n implemented will decrease soil erosion to the soil loss limits on a particular parcel of land. The "time schedule" sets times to implement, make satisfactory progress, and complete the conservation plan. 2. Conservation practices. A. Practices and standards containing a definition, purpose, and conditions under which the practioe applies, i.ncludirig design requirements, and specifications coritaining a statement of details required for i.nstalling a conservation practice, including kinc].s, quality and quantity of work and materials needed to meet the standards. B. A conservation practice may be a permanent or temporary vegetative or structural measure that when applied to the land, will contribute to the control of wind and water erosion and sedime.ntation. 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 watexways, terraces, water control structures, grade stabilization structures, sediment retention structures, water and sed�ment 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. Developmexit activity. A physical disturbance to the land which may result in sed�mentation of adjacent lands or waters. These activities include, but are not limit.ecl to, clearing, grading, excavating, transporting, draining ar�t filling lands. 4. District. 'Ihe Anoka County Soil and Watex Conservation District. 3C Page 2— Ordinance No. _- 1993 5. Erosion. ArYy pra:ess tik�t wears away the surfac�e of the land by the action of water, wind, ice or graviLy. 6. Excessive soil loss. Soi]L loss which causes sedimentation on adjoining land or in a body of water, water caurse, or wetlar�d. 7. Field Offioe Technical Gu:�de. 'Ihe guide developed by the United States Depart�me.nt of Agriculture, 5oi1 Conservation Serviae. The technical guide contains methods and pra�edures by which the v�irious types of erosion can be estimated and conservation practice standaYds arid spe�ifications required in the application of soil and water conservation practice.s. 8. Sediment. Solid minera]l or ozqanic material, that, in susperlsion, is beirig transported, or has bee.n maved from its original site by air, water, gravity, or ice and has been deposited at another location. 9. Sedim�ntation. The proce:�s or act of depositirig sediment that, upon inspection, is determined to have been caused by erosion. 10. Soil. The unconsolidated mineral and o��anic material on the immediate surface of the earth that serves as a natural mediLUn for gr�wth of land plants. 208.03 TECE�]IC�L GUIDES The following harK3books are adopted by reference: 1. Field Office Teehnical Guide of the United States Department of Agriculture, Soil Conservation Service. 2. Soil Suzvey of Anoka C�unty, developed by the United States Depart�tZt of Agriculture, Soil Conservation Service. 3. Minnesota Construction Site �osion and Sediment Control Plannirig Handbook. 4. Protecting Water Quality In Urban Areas, Best Management Practices for Mi.nnesota, developed by the Minnesota Pollution Control Agem.y. 208.04 OONSERVATION PLAN SIJBMISSION REQUIRII�NIS 1. Prior to any development �ictivity arid in conjunction with a buildirlg permit or land alteration pexmit, a consexvation control plan and time schedule shall be submitted and approved as provided herein. The plan shall identify measures and practices to prevent erosion, excessive soil loss, or sediment from damaging adjacent land, bodies of water, water ccurses, or wetlands. 2. The conservation plan and t�me schedule must specify haw erosio� and damage to other larid.s and rec�ions will be tn� n i m i zed during the construction process . Z�emporary and permanent measures shalllbe addressed. These methods inclu,de, but are not limited to, the use of: tempoYary arxl permanent seedings, fabric, plastic, or straw barriers, mulch, sediment oontrol basins, or other conservation practices adequate to prevent erosion and se�liment d�mage. 3D Page 3— Ordinance No. - 1993 3. A conservation plan is nat required for the follawing develo�anent activities: A. minor land disturbanoe activities such as ho�ne gazrler�s aryd individual residential laridscaP�J, �Pai.YS, and mau�tenance �rk; B. constructian, installation, mainten�nce of above g� electric and telephone utility lines or individual service connection to the utility lines; C. preparation for sirigle-family residences separately built on lots with slopes less than twelve (12) perc�nt, unless in conjunction with multiple construction in subdivision development; D. disturbance of land areas less than 9,000 square feet for co�tunercial or nonca�nnercial uses, except that the City may reduce this exception to a smaller area of distuYi�ecl land or qualify the conditions 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 rnunicipal road construction designed and 11'1�talled according to standard specifications. 4. 'I'he following must be addressed in developirig and implem�nting a conservation plan: A. Stabilization of denuded areas and stock piles; B. establishment of permanent vegetation; C. protection of adjacent areas; D. timing and stabilization of sed�ment trapping measures; E. use of sediment basins; F. stabilization of cut and fill slopes; G. storm water management for controllirig off-site erosion; H. stabilization of water ways and outlets; I. storm sewer i.nlet protection; J. working in or crossing water bodies; K. unde�round utility construction; L. construction access roads; 3E Page 4— Ordinance No. - 1993 M. disposition of all.temporary m�s; N. maintenanve of all t�oraYy ar�d peYmanent urban oonservation practioes; arrd O. storm watex runoff quality. 5. The time schedule acx�npanying the oo�sezvation plan na�st establish deadlines for the implementation and co�q�letion of each phase or element of the conservation plan. 6. 'If�e Field Office Technical (�ide, the Minne_sota Construction Site Erosion and Sed�me.nt Control Planning Handbook, or the Minne.sota Pollution Control Agency' s "Protecting Water Quality in Urban Areas" shall be the � planning standard for a conservation plan. Any other prooedures must be appraved by the City prior to its ttise. 208.05 �NSIItVATI�T PI�,id REVIEW 1. The City may designate the zonixig or planning director, building inspector, engineer or a designee of the Anoka County Soil and Water Conservation District to review the conservation plan and time schedule. 2. If the City determines that the conseivation plan and time schedule will control erosion and sedimentation, the City shall issue a permit that authorizes the developmerit activity contirigent upon the implementation and com�letion of the conservation plan. If the City detennines that the conservation pIan arid time schedule do not control erosion and sedimeritation, the City shall not issue a permit for the development activity. The conservation plan arid time schedule shall be re-submitted for approval before the development activity can begin. 3. A person engaged in a development activity who does not su%nit a conservation plan and time schedule or make satisfactory progress to cx�mplete the plan and schedule is subject to pe.nalties described herein. 4. Occasionally, erosion control strategies will not be feasible or practical in all instances. When this occurs, the City shall take into account the facts and peculiarities of the specific situation and make a decision given the available information and averall circ.�tmistances. 208.06 DESIGN SZ�T�IDARD6 1. All open channels and ponds shall be desiqned to prevent damage from a 10o-year storm of 24 hour duration. 2. All corrveyance systems shall be designed for the 5-year storm of a minimtun 20 minute time of concentration. 3. Iandscaping, streets, storm sewers, and other drainage and erosion controls shall be installed as early in the oonstruction schedule as is practical. 4. The area and duration of exposure of disturbed soil sh�all be kept to a practical minittnun. 3F Page 5— Ordinance No. - 1993 5. i�enever feasible, natural vegetatioaz shall be retair�ed, protected, and �PPleme.nted. 6. Where there is inadequate vegetation to protec.-t erosion prone arnas during or after development, temporaYy or pennanent vegetation an�/or mulching shall be established. 7. Cut and fill slo�es shall not be steeper th�in t��ro (2) to one (1) unless stabilized by a retaining wall or cribbiryg or as approved by the City Engineex. 8. Cut and fills shall not er�danger adjoinirig property. 9. Fill shall be plac7ed and �cted so as to minimize sliding or erosion of the soil. 10. Fills shall not encroach 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 landc�wner. 12. Provisions shall be made to prevent surface water fro�n damaging the cut face of excavations or the sloping surface.s of fills. 13. The use of debris basins, sediment basins, silt traps, or siunilar measures may be required to trap sed�ment in run-off water until a disturbed area is stabilized. Oil ski�miers are required on all temporary or pernianent treatme.nt, detention, or retention ponds. 14. The use of ponds for t.emporary storm water storage is encouraged to reduce peak rainfall runroff and peak stream flo�as. 15. Land shall be developed in increments for workable size such that adequate erosion and sed�mentation control can be pravided as construction progresses. �e area exposed shall not be exposed for a period of time exceeding sixty (60) days, unless othezwise established in the permit. Ground caver shall be established as soon as possible after work is �leted. 16. Development on slopes wer twelve percent (12%) in grade shall not be considered. On slopes with a grade between six (6) to twelve (12) percent, develo�nent shall be carefully reviewed to ensure adequate me.asures have been taken to prevent erosion, sedimentation and structural damage. 18. Erosion and sed�mentation oontrol measure.s shali be coo�linated with the different stages of the development; ap�propriate oontrol measures shall be installed prior to development when necessary to oontrol erosion. 19. Zhe fallaaing measures sha11 be taken to control erosion during construction. A. �posed slop�s steeper th,an ten (10) feet horizontal to one (1) foot vertical shall be sodded to minimize erosion. B. At the foot of each expo�,�ed slope, a char►nel and berm shall be constructed to control erosion. Zhe channelized water shall be diverted to the �l� I Page 6— Ordinance No. - 1993 sedimentatioa� basin (debris basin, sediment basin, or silt trap) before being allc�w�d to enter the natural drainage system. C. Alor�g the tc�p oE each exposed slope, a berm sd�a].1 be construct:ed to prevent nm-off from flawing aver the edge of the slape. T�dZere nan-off collecting behind said benn cannot be divertsd elsewhere and �ust be directed dcx�m the slape, ap�rapriate measures shall be taken to prevent erosion. Such measures shall oonsist of either an asphalt paved apron or a method as appraved by the City E'ngineer, At the ba_� of the slope, an energy dissipater shall be installed. D. Exposed slapes shall be protected by whatever means will eifectively prevent erosion considering the degree of slape, soil materials, and expected lengfih of exposure. Slope protec�ion shall consist of nnzlch, burlap, jute nettirig, sod blankets, fast growirig seeds or temporary plantings of annual grasses. A mulch shall consist of hay, straw, or other appraved protective materials. Mulch shall be anchored to the slapes by an appraved method to pravide additional slope stability. E. F. G. Control measures, other than those specifical.Zy stated abave, may be iased in place of the above if it can be demonstrated that they will effectively protect exposed slopes arid are approved by the City �gineer. Tempor�y erosion control devices shall.be installed before existing ground surface is disturbed ar�d shall be maintained until vegetative caver is established. Any surface water 2eaving the site will not adversely im�act the adjoining water quality. 20. When construction work is co�leted, topsoil meeting N1nDOT's Specifications 3877 shall be spread over the developed area arid turf establisYnnent started. The soil shall be restored to the minim�nn depth of four (4) inGhes and seed and mulch worked into the area. 208.07 SEC'�JRITIES Where a consezvation plan is required in conjunction with a building permit, implenlentation shall be secured by the requirements of Chapter 205, Section 205.05.06 A(3) . Where a conservation plan is required in conjunction with a lar�l altexation pez�mit, a letter of credit, performance bond, or certificate of deposit sh,all be required to insure implementation of the conservation plan. The security shall be five percent (5%) of the value of the work as indicated on the land alteration permit application. If the conservation plan is not imple�nented and maintained during the construction period, the security shall be cashed by the City and used to implement said plan. The security shall be deposited with the City prior to t of the project. 208. 08 SEVEIiABILITY 3H Page 7— Ordinance No. - 1993 Et�ery section, provision or part of this �hapter is declared separable from every other section, pravision, or part to the extent that if any section , pravision, or part of this C�apter shal.l be held invalid, such holding shall not i.rn�alidate any other section, provision, or part thereof. 208.09 P�ILTIES Whoever does any act forbidden by this C�iapter or oanits or fails to do any act required by this C�apter shall be guilty of a misdemeanor and is subject to all pei�lties pravided for such violations under the provisions of Chapter 901 of the FYidley City Code. PASSID AI�ID ADOPTID BY Tf� CITY QOUNGZL OF Tf� CITY OF FRIDLEY TfIIS UAY OF , 1993. � �� WILLIAM A. Q�NIPA — CITY CL�FtK ` : .� _� WILLIAM J. NEE — MAYOR 31 m DRAFT ONLY - TO BE CONSIDERED APRIL 19, 1993 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLSY CITY CODE� CHAPTER 206, LNTITLED ��BIIILDING CODE��, BY AMENDING SECTION 206.03. '�PBRMIT FL138�� AND RECODIFYING CHAPTSR 11, BNTITLBD ��FLEB��, BY AMENDING SLCTION 11.10, ��FEBB�� The Council of the City of Fridley does ordain as follows: Section 206.03. PERMIT FEES I. Land Alterations, Excavating, or Grading Fees (Ref. 901), Including Conservation Plan Implementation Fees. 50 cubic yards or less .......................$ 3-�-�9 40.00 51 to 100 cubic yards .......................$ �-59 47.50 101 to Z, 000 cubic yards . . . . . . . . . . . . . . . . . . . $ Z-�a 47.50 for the first 100 cubic yards plus $10.50 for each additional 100 cubic yards or fraction thereof. 1,001 to 10,000 cubic yards .. ..... ... .....$='-�-�� 167.00 for the first 1,000 cubic yards plus $9.00 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards .......... ... .$'^�Q 273.00 for the first 10, 000 cubic yards plus •$40. 50 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more ... ..............$�''-��Q 662.50 for the first 100,000 cubic yards plus $22.50 for each additional 100,000 cubic yards or fraction thereof. Land Alteration Plan-Checking Fees: 50 cubic yards or less .......................No Fee 51 to 100 cubic yards........ ............. $ 15.00 101 to 1,000 cubic yards .................... $ 22.50 1,OOl to 10,000 cubic yards ................. $ 30.00 10,001 to 100,000 cubic yards ............... $ 30.00 for the first 10,000 cubic yards plus $15.00 for each additional 10,000 cubic yards o� fraction thereof. 3J Ordinance No. Page 2 100,001 to 200,000 cubic yards .............. $165.00 for the first 100,000 cubic yards plus $9.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more.... .. ........ $255.00 for the first 200,000 cubic yards plus $4.50 for each additional 10,000 cubic yards or fraction thereof. 5ection 11.10. FEES 208 Conservation Plan Review (as part of �450.00 building permit for new construction) 208 Conservation Plan Review (as part of See Chapter 206 land alteration, excavating, or grading permit processl 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: 3K WILLIAM J. NEE - MAYOR exemption for Chapter 205 in a similar manner so that if e City has an environYnental concern and feels that it woul adversely impact adjacent properties, the City could require at a grading and drainage plan be submitted. MOTION by Ms. Sherek, seconded by Mr. Rondr' , to close the public hearing. IIPON A VOICE VOTL� ALI� VOTING AYS� IRPBRSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC ING CLOSLD 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 exein ions in Section 208 into Chapter 205. N A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED THE 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 NEAMAN 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 Contral". 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. 3L PLANNING COMMISSiON MEETING, F$BRIIARY 10, 1993 PAGE 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 security over and above that particular 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°� 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 3� of the construction value. 50, the City's policy is not 100% 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 vaiue 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 change 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 1000 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. 3M PLANNING COMMISSION MEETING, FEBRUARY 10, 1993 PAG$ 7 They are not asking for the amount of money for security to cover the cost of the entire 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 th� 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. 5herek agreed. The performance bond language really needs to be addressed. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTTON 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. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. �r PRODUCE RANCH- To vacate the.north 50 feet except the w 209.7 feet of Lot 1, Block l, 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 l, 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 and would abstain from voting on 3N Engineering Sewer Water Parks Streets �Maintenance MEMORANDUM TO: William W. Burns, City Manager �� PW93-107 FROM: John G. Flora; Public Works Directo� DATE: March 26, 1993 SUBJECT: Street Improvement Project No. ST. 1993-10 (Sealcoat) We have prepared the plans and specifications for the 1993 street sealcoating work. In response to Council's request, we are modifying th��993 sealcoat progi�am. We are participating with several other metro area cities and the Minnesota Department of Transportation (MnDOT) Research Department to closely monitor the variables involved during the sealcoating process. We are proposing to reduce the sealcoat project from the origina�" 11.5 miles to approximately 2 miles of sealcoat streets for the 1993 program. Two miles is the minimum project site recommended by the MnDOT Research Department in order to provide a good representation of the process to be evaluated. The streets deleted from the originai proposed sealcoat Jist will be added to next years iist and the funds transferred to 1994. The City wiil be testing two aggregate materials, trap rock and granite plus a comparison of the standard specification rates of emulsion with an increase in asphalt content. Recommend the City Counci! approve the attached resolution ordering the improvement, approvai of pians and ordering the advertisement for bids for Street Improvement Project No. ST. 1993-10 (Sealcoat). JG F: cz Attachments I.-] .� � � CfIYOf fRIDLEY .......... . .... ..,. _,::. ...,..., . ...... .. �� , .>. <.,. :,c>..a� . ,.x;�>:,, ..u.a,.. . .,, .. �;;, � 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 1993 City ot Fridley Sate o( Minnesota Streets Capftal lmprovements Bepinninp �Balance Revenues Funds Available Proiects Endin� Balance Beginning Balance Revenues Funds Available Proiects Erxii�g Balance 1993 Interest income Minnesota State Aid - Construction Total Revenues Seaicoat Program Overlay Program New Projects 1993 Street Reconstruction Project University Ave Bikeway Opticom 81sU83rd Total Projects 1994 Interest income Minnesota State Aid - Construction Totat Revenues Sealcoat Program Overlay Program East River Road Upgrade - Phase II New Project 1994 Street Reconstruction Project Total Projects 204 4A yt.632.318 � � 370,585 ' 659,000 + 1.029,585 5.661,903 124,000 � 263,000 209,000 125,000 30,000 751,000 54.910,903 �4.910,903 392,872 209,000 601,872 5,512,775 135,000 100,000 110,000 500,000 845,000 54,667.T75 � RESOLi?I'I� AU. - 1993 •�• � ••��• � � �••.• � ia� ••.��• • • ti • i� � •�� al• � � • � �1•� �I I�i • • : ��. ' ai 1 1• ',• 5+ I�1 ••,• � • � `15I� �• � W�.S, the City Co�uzcil of the City of FYidley has established a policy of Sealcoating the City streets on a regular basis, �, the Public Works Direc�tor has sul�nitted a plan shawir�g the streets in need of sealcoating, Ia7W, T�FORE, BE IT RE90LVED, by the City Cbtuzci.l of the City of Fridley, Anoka County, Mi.nnesota, as follaws: 1. That the streets recottnnerided for sealcoatirig by the Public Works Dep�tment be sealo�ated, ar�d the work involved in said im�ravement shall hereafter be designated as: S'I'REE'P Pf�Ca7ECT 1�. ST. 1993 - 10 2. 'I'he plans and specifications prepared by the Public Works Depar�xit for such im�ravement ar�cl eac.h of them, pursuant to the Council action heretofore, are hereby appraved and shall be filed with the City Clerk. 3. The work to be perfonned under STl2EEP PROJE7CT Nl�. ST. 1993 - 10 be performed wzder one contract. The Public Works Director shall accordi.ngly prepare and cause to be inserted in the official newspaper advertisement for bids upon the making of such impraveme�zts under surh approved plans and specifications. 7�e advertisement shall be published for two (2) week,s (at least 10 days), arx� s11a11 specify the work to be done and will state that bids will be opened at 10:00 a.m. on Tuesday, May 11, 1993, in the Council Clzambers of the City Hall, and that no bids will be considered unless sealed and filed with the Public Works Director and ac�companied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five percent (5%) of the amount of such bid. That the advertisement for bids for STREET P1�.'T Nl�. 1993 - 10 shall be substantially st.andazd in form. PASSID ADID ADOPTED BY TI� CITY ppUNCIL OF T!� CITY OF FRIDLEY THIS STH DAY OF APRIL, 1993. ATI'FST: WILLIAM A. Q�iAMPA - CITY CL�2K � � WILLIAM J. NEE - MAYOR - : - _ �-- �_ `. � � :; -, 1993 SEALCOAT PROGRAM :-.�L---�;: ;� � . _ _ : ; : : - �L J .:n ��:�.�.� a� ; z � � ;= -�,." -':� -_� �' � � -- a... �- ; � ' �.wn � 6 � � ` - � �: ::: , - ....� t � . 1. .. � _ • - a �- -..,. .... - AREA. _1 g '$_... i...� �� Y � . . i .� I I �r-�i IIIB� • . .a �waa .�.� G e � C � w n � o\ -� � ..� ��♦ C=fOr�OMS � V /�11R (1 G (: " � � � u � • L h ..a, .... : , ,— i � .. ��!�+..�L_ iT�l.� .... '—, � � � I L� ~ 1 � � j T� �}i Le. 1 i' � r- i'tJ. F ��.t'�t � • ri.II�(.i��:�+f+ �('` � h � � ;t� Ti:�-.� t�itr; :..�rr„1;t :-�±''��- / � 111K�♦ � � :, � 1;.�„''. � j r! fa+-T1.�� .— •��1� O� A F� � a} !-T LL �--) + � -+ i ��. 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( I I ._� ��a .�`` 4 ��'� T . ��.��'��y� �:�� ,��`,� ' I c `;? % , �: � R th �/' ' \\�1 • ' � �,f �i�t`%� �/r_Yr^ — =.1� I �� I r� �� 7� �� : � ��:t� y 1 �� I n_ � �( f� t T � s i 1 1�� ?�; �'y��1 �G�'IW �l'f 7 I L .. � �,. t: � > t ; � ; Vi �—^a�I��I MENM0.5 UMBE11 `� � ` , � � .. �. •r�p�0 O�11 t�+�(\l< � 11�• �v . �� A � 1 I � v. . � Subareas 1 and 2 w�1f have an appiication rate of 30 pounds/square yard. �" Subareas 3 and 4 will have an appiication rate of 40 pounds/square yard. �� Crushed granite will be used for areas 1 and 3 and crushed trap rock for areas 2 and 4. � � _�_.—__� � :� " `� ; i i . - � 4 � (� i ��— - i _---- /�� I � , � �_---___-_ ---. ��-�� , _. ,_ _,; __ ��f � _, � ;I' ---1,. :t{� ;? ��/ : _ --, Y II j I . _ .. _ . __` � � � . -� _ _.�._ ..�----1 / ---- � --- -- ---�' _ � u I 5 CITY OF FRIDLEY MEMORANDOM �• TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: ESTABLISH A PUBLIC HEARING FOR T.R. McCOY'S FOR A LIDUOR LICENSE DATE: MARCH 31, 1993 T.R. McCoy's is changing ownership in late April or early May. Because liquor licenses are nontransferable, the new owner is applying for a liquor license from us. Pursuant to Chapter 603 Section .07 of the Fridley City Code, we are required to hold a public hearing before issuing this license. As a result, we would like to establish a public hearing for T.R. McCoy's on April 19. 0 � _ � Community Development Department PL�ANNiNG DIVISION City of Fridley DATE: April 1, 1993 �j� � �. TO: William Burns, City Manager�. � FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant First Reading of an Ordinance Approving a Vacation Request, SAV #92-03, by Bob's Produce Ranch; 7620 University Avenue N.E. The Fridley City Council conducted a public hearing regarding a vacation request, to vacate street and utility easements located at 7620 University Avenue N.E. at its March 15, 1993 City Council meeting. Attached please find an ordinance for first reading which will vacate these easements. Staff recommends that the City Council approve first reading of the attached ordinance. NIl�!/ dn M-93-159 ORDINANCE NO. AN ORDINANCE IINDER SBCTION 12.07 OF THE CITY CHARTER TO VACATS STRl�8T8 AND ALLEYS AND TO AMEND APPENDI% C OF THE CITY CODL The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate the north 50 feet except the west 209.7 feet of Lot 1, Block 1, East Ranch Estates First Addition according to the plat of record on file in the office of the County Recorder, Anoka County, Minnesota, and the north 10 feet of Lot 1, Block 1, East Ranch Estates First Addition according to the plat of record and on file in the office of the County Recorder, Anoka County, Minnesota. Generally located at 7620 University Avenue N.E. All lying in the North Half of Section 11, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY T$E CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA, CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: March 15, 1993 First Reading: Second Reading: Publication: [t ' 1 _ � --� t w , • � n A ��.�'v ----_` C?' � ~� '` -�, �� `/ '�. � � �� N S •' ��.., � b� � ��m �� . M � � � � � � �'6 �� naS,9ti � � + oo'o$ ,- M�� E�tiEooS � �,�°,ss ` �p �� uawase3 pa}e�en � Snoinaad � � � � ----�w�-- -�� ; � ,' M� �iv �G1 ~''�'° ti � . rw � � G 4 � � 7 � � � � �� f � � �' �� ,., ,__�.._�_;�.__. � � ��. �. � ; � - c ;� � � `� , � � ; � � �'��d �, � .r � � ' --- � hr-- �' d �� ! ; � k1- - — •� �- -- -- � �., �j N � N � �,,, I r� � I � � � .� � � � � i � � � ' I � I � ( �` { I � i . n � SAV ��92-03 Mike/Bob Schroer �Q�,. �ss2� ` , d. t� . � , �,r� ,� �b .� � �' � � �1 3�� —�`` v , \ � � � � � i � 1 r , . � . ..7 � +p► �� . � �, � / / � � --��" ♦ r ;.- � n � E � ��-' � � �� , �' ' I � ul_ �b �. °� � �e� d I +c £� , ,� - �I� _ I 1 � 1 r �� Y '' � � � � ��, $� � �� N co �''j a� � � � �� W � o �� L d �� -� � � � � � � i� � � � c"; � r .p�,�� _ �� ,; ,•/�� .i ,.�:� :,;;�� .�/.�,,�. .�*. = ��. :: . r � .�n .. �.7 , � , +': 1 w."7,` y: "r r1 �,�� ..�� _-:: �: . ".`. '. ., :•.I• , �? �''�`: ` 1 'y +�M� •Y�L x�F � ��-.. '.,;� , � � ::::�I_:,:1�. �.: ` "' I 1 �_ � .. _ ^ _ — _ _ -i _ _ _ _, .... _ _ _ .. .. _ _..1. � � r .. �1U8W6QS3 �ZM�1�1'8 �� . aase� It; 1� �6�eu��eap S t --- -, � � , , r' � ol�n 1lV3WMJV�l�'JN3 �IPIl�B ' • d o�'� ,`�- _ _ - — � .:= �i1�i1i�&g3 �lNltl '8 a �'OOE �. M«5 t� �zQoQN ��eL3 peey�enp 3'O , _._:�„ '— n i t � � 1 1 1 � ` � � � r� � :� i � t. ti �ti ��` �� ` . CITY OF FRIDLEY PLANNING COMMISSION MEETING� MARCH 24, 1993 Ar MMrtiw�MtiN M NM w�MMMMNMMMNNNNNMNNMMMM�V�YNNNMIrNMMNM�YMMNMNNMMMMM�MMMMMMM CALL TO ORDER• Vice-Chairperson Kondrick called the March 24, 1993, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Kondrick, Dean Saba, Sue Sherek, Brad Sielaff, Connie Modig Members Absent: Dave Newman, Diane Savage Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Kevin Olson, Anderson Trucking Service Richard Kedrowski, 6584 Anoka Street N.E. Jan Compton, 7627 Central Avenue n.e. Dick Morin, 7635 Meadowmoor Drive Dennis & Martha Wetterlund, 8300 Mississippi Boulevard, Coon Rapids Gerald & Ana Reierson, 11551 Marigold St. N.W., Coon Rapids APPROVAL OF MARCH 10. 1993, PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Ms. Modig, to approve the March 10, 1993, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP �93-03, BY RICHARD KEDROWSKI: To allow accessory buildings other than the first accessory building, over 240 square feet, on Lots 1 through 3, Block 4, Oak Grove Addition to Fridley Park, generally located at 6584 Anoka Street N.E. MOTION by Ms. Sherek, seconded by Mr. Sielaff, to open the.public hearing. DPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:33 P.M. : PLANNING COMMISSION MEETING, MARCH 24, 1993 PAGE 2 Ms. McPherson stated the property is located in the southwest quadrant of the intersection of 66th Avenue and Anoka Street. Located on the property is a single family dwelling unit with an attached two-car garage. The property is zoned R-1, Single Family Dwelling, as are all surrounding properties. Ms. McPherson stated the dwelling unit was previously a"basement" house where only the basement of the dwelling existed. The detached accessory structure located in the southwest corner of the property existed as the garage for the dwelling unit. Ms. McPherson stated the petitioner has recently completed construction of a 42 ft. by 26 ft. dwelling and a 27 ft. by 24 ft. attached garage. At the time the petitioner applied for a building permit to construct the dwelling the new attached garage, he was informed that in order to maintain the original accessory structure, a special use permit needed to be granted as the structure exceeds 240 square feet. The structure appears to be in good condition; however, it is in need of paint. Ms. McPherson stated the second accessory structure does not adversely impact the lot area, and it does meet the minimum setback requirements of the R-1 district. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the special use permit with one stipulation: l. The structure shall be painted by August 1, 1993. Mr. Richard Kedrowski, 6584 Anoka Street N.E., stated he had no problem with the stipulation to paint the garage. The only reason the building has not been painted was because there was a question as to whether the structure would be removed or would remain. He stated that if the special use permit is approved, it will be painted similar to the house. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:40 P.M. MOTION by Mr. Saba, seconded by Ms. Modig, to recommend to City Council approval of special use permit request, SP #93-03, by Richard Kedrowski, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lots 1 through 3, Block 4, Oak Grove Addition to Fridley Park, generally located at 6584 Anoka Street N.E., with the following stipulation: 1. The structure shall be painted by August 1, 1993. : � PLANNING COMMISSION ME$TING, MARC$ 24. 1993 PAGE 3 IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on April 5, 1993. 2. PUBLIC HEARING� CONSIDERATION OF A PRELIMINARY PLAT, P.S. �93 Ol "ANDERSON DEVELOPMENT REPLAT" BY ANDERSON TRUCKING SERVICE, INC.• To replat Lots 1- 5, Block 1, Anderson Development, generally located at 7699 Central Avenue N.E. MOTION by Ms. Modig, seconded by Mr. Sielaff, to open the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:42 P.M. Ms. McPherson stated this property is generally located in the southwest corner of the intersection of Osborne Road and Central Avenue. She stated the original plat was approved in 1961 and is comprised of approximately 11 acres which are predominately vacant. There is a small trucking terminal located on Lot 5 located in the southeasterly corner of the subject parcel. The property is zoned M-1, Light Industrial, as are the properties to the south. The property to the west is zoned C-2, General Business, and the properties across Central Avenue to the east are zoned C-1, Local Business, and R-1, Single Family Dwelling. Ms. McPherson stated the proposed replat would recreate these new lots from the existing five lots. Several easements were dedicated along the various lot lines of the original five lots. Staff needs to verify with the County Surveyor and Recorder to determine if these easements would be vacated through the replat process. If they are not vacated through the replat process, a separate vacation would need to be filed to remove these easements from the record and to dedicate any new easements which may be necessary. Ms. McPherson stated the new plat is comprised of three lots, Lots 1 and 2 tota� 2.95 acres and 3.9 acres each. Lot 3 is for the existing trucking terminal and is approximately 4.1 acres. Ms. McPherson stated the Fridley Bus Company may purchase the proposed Lot 1 in order to relocate its facility from Main Street. Staff is currently awaiting site plans to determine if a special use permit for exterior storage may be required. Ms. McPherson stated that as far as the original plat, special assessments for sewer and water laterals were waived for a majority of the plat as the petitioner at that time did not have interested buyers to purchase the remain�ng vacant lots. Special assessments .- PLANNING COMMISSION MEETING, MARCH 24, 1993 PAGB 4 will need to be paid for Lot 1 in order to provide sewer and water services to 'that lot. A water main is located in Osborne Road; however, the closest sanitary sewer line is located in Central Avenue. A private easement will need to be dedicated along the southern lot line of proposed Lot 2 in order to provide a sanitary sewer lateral from Central Avenue to Lot 1. The City will also require that a maintenance agreement be executed and recorded against both Lot 1 and Lot 2 to require that the owner of Lot 1 maintain the private sanitary sewer line located on proposed Lot 2. Ms. McPherson stated that in 1961, the record was not clear as to whether or not a park dedication fee was paid at the time of the original plat. As Lots 1 and 2 are proposed to remain vacant at this time, staff has calculated park fees for only those two lots. Ms. McPherson stated all the lots meet the minimum lot area �nd lot width requirements set forth in the M-1 district regulations. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the proposed replat with four stipulations: l. Special assessments of $1,640.25 shall be paid for Lot 1, Block l, Anderson Development Replat. 2. A park dedication fee of $2,951.10 for Lot 1 and $3,987.16 for Lot 2 shall be paid at the time of the issuance of a building permit. 3. The owner of Lot 1 shall execute and record agai.nst both Lots 1 and 2, Block 1, Anderson Development Replat a maintenance agreement which ensures that the owner of Lot 1, Block 1, shall maintain the private sewer lie located on Lot 2. � 4. Permits for the number and location of driveways shall be obtained from Anoka County prior to issuance of a building permit. Ms. McPherson stated staff has sent the plat to Anoka County for review. The County may require that there be limited points of access along Osborne Road. Staff has not yet received any comment back from the County. If the County does not limit the number of access points onto Osborne Road, staff would recommend the following added stipulation: 5. The maximum number of access points onto Osborne Road shall not exceed three. Ms. Sherek stated that in lieu of the fact that the potential purchaser for Lot 1 is Fridley Bus Compat�y' and Lot 1 abuts : PLANNING COMMISSION MEBTING, MARCH 24, 1993 PAG$ 5 commercial property, is there any special setback requirements that would cause Fridley Bus Company to have to apply for variances? Ms. McPherson stated that prior to the petitioner submitting the plat request, staff inet with both the petitioner and the owner of the Fridley Bus Company to review the setback requirements. She believed the petitioner has made a concerted effort to ensure adequate lot area for the Fridley Bus Company. If and when staff receives the site plans, they will do a thorough review of the zoning issues prior to issuance of a building permit. Ms. Dacy stated the setback for M-1, Light Industrial, property where it abuts commercial property is 35 feet. Initial information received by staff is that the proposed building would be 35 feet from that lot line. Mr. Kevin Olson stated he is representing Anderson Trucking Service. He stated he has several concerns to address. Mr. Olson stated that if Fridley Bus Company purchases Lot 1, why would they need a special use permit? Ms. McPherson stated that there is a provision in the M-1, Light Industrial, M-2, Heavy Industrial, and M-3, Outdoor Intensive Industrial districts that requires a special use permit for exterior storage. If the standards set forth in the ordinance can be met by the Fridley Bus Company, then a special use permit would not be required. Mr. Olson stated that if Anderson Trucking is providing the lateral sewer and water lines between Lot 2 and Lot 3, why are they being assessed for that line? Ms. McPherson stated that is a good question. Typically, the City installs most laterals. Part of that cost may be for the actual hookup to the sewer. She stated she will have to check with the Engineering Department as to how they calculated.this cost. Mr. Olson stated he would object to the special assessments, because those assessments have been paid in advance already, plus the fact that Anderson Trucking is providing the water and sewer lines. They should be charged the standard hookup fee, rather than this special assessment fee. Ms. McPherson stated this can be verified with the Engineering Department. Mr. Olson stated the staff report states that: "In 1961, the record is not clear as to whether or not a park dedication fee was paid'at the time of the plat." If it is not clear, why is Anderson Trucking being charged a park dedication fee? : � pLANNING COMMISSION MEETING MARCH 24 1993 PAGE 6 Ms. McPherson stated there is no definitive indication as to whether a park dedication fee was paid. So, when a property comes in for a replat, it has been the City's policy that a park fee be paid at the time of the replat. The City is not requiring a park dedication fee for Lot 3; they are only requiring it for the two vacant lots. Ms. Dacy stated if the petitioner can provide documentation that the park dedication fee has been paid, then there is good reason for the Council to waive that requirement. Ms. Olson stated that staff is recommending three access points onto osborne Road. Is the staff recommending specific locations for those access points? Ms. Dacy stated that at this time, staff is recommending that the County evaluate three total access points. If the petitioner has any preference, staff would be willing to discuss that. Staff was thinking of one access point for Lot 1 and two for Lot 2. Mr. Olson stated he would like it noted that they would like two access points on Lot 1 and one on Lot 2 onto Osborne Road and one access point for Lot 2 to Central Avenue. Ms. McPherson stated that as soon as staff receives any comments from Anoka County, staff will notify Mr. Olson. MOTION by Ms. Sherek, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:05 P.M. Mr. Sielaff questioned the stipulations regarding the special assessments and park dedication fee. Ms. McPherson stated she would recommend the Planning Commission leave the stipulations as proposed and direct staff to work with the petitioner and the owner of the Fridley Bus Company to resolve all the issues raised by the petitioner prior to the City Council public hearing on April 19, 1993. MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of preliminary plat, P.S. #93-01, "Anderson Development Replat", by Anderson Trucking Service, Inc., to replat Lots 1- 5, Block l, Anderson Development, generally located at 7699 Central Avenue N.E., with the following stipulations, and to direct staff to work with the petitioner to resolve these issues prior to the City Council meeting: : PLANNING COMMISSION MEETING, MARC$ 24, 1993 PAGE 7 l. Special assessments of $1,640.25 shall be paid for Lot 1, Block 1, Anderson Development Replat. 2. A park dedication fee of $2,951.10 for Lot 1 and $3,987.16 for Lot 2 shall be paid at the time of the issuance of a building permit. 3. The owner of Lot 1 shall execute and record against both Lots 1 and 2, Block 1, Anderson Development Replat a maintenance agreement which ensures that the owner of ' Lot i, Black l,,shall maintain the private sewer lie located on Lot 2. 4. Permits for the number and location of driveways shall be obtained from Anoka County prior to issuance of a building permit. 5. The maximum number of access points onto Osborne Road shall not exceed three. UPON A VOICE VOTE, ALL VOTING AYE, VICB-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOIISLY. Ms. McPherson stated that on April 5, the Council will set a public hearing for April 19, 1993. 3. VACATION RE4UEST, SAV #90-02, TO VACATE BROAD AVENUE NORTH OF LAFAYETTE STREET, BY THE CITY OF FRIDLEY (tabled): MOTION by Mr. Saba, seconded by Ms. Modig, to remove this item from the table. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRISD IINANIMOUSLY. Ms. McPherson stated the City of Fridley is proposing to vacate that portion of the Broad Avenue right-of-way which lies north of Lafayette Street and ends at the Fridley/Coon Rapids border. Mr. and Mrs. Gerald Reierson own 621 Lafayette Street which is the property directly adjacent to the City-owned lot, Lot 26, Block C, Riverview Heights. In 1990, Mr, and Mrs. Reierson offered to purchase Lot 26 from the City to combine it with their parcel and possibly construct a larger home. At that time, the City decided to evaluate the possibility of vacating Broad Avenue and combining it with Lot 26 to create a buildable single family lot. Ms. McPherson stated there were various land use requests regarding Broad Avenue prior to the City's request. In 1973, the City received a vacation request from Kay Olson who owned Lot 26 at that time. That vacation request was never completed. In 1974, the City of Coon Rapids proposed to reopen the Broad Avenue right-of- way north of the City of Copn Rapids/City of Fridley border and : PLANNING COMMISSION MEETING, MARCH 24, 1993 PAGE 8 construct Broad Avenue from Mississippi Boulevard in Coon Rapids to Lafayette Street in Fridley. At that time, both cities received two petitions, one which opposed the reopening and one which approved of the reopening. Adjoining property owners felt that it would provide additional access between the two conimunities without having to go onto East River Road. The record is not clear as to which community made the decision, but the road was never constructed. Ms. McPherson stated the City of Fridley has four alternatives to resolve this issue: 1. Leave the property as it is now. 2. The City could it with Lot 26 buildable lot "excess" by the property owner. � 4. vacate the right-of-way and combine to create a buildable lot. This would then need to be declared City Council and conveyed to a new The City could vacate the right-of-way and sell it to the westerly neighbor. The City could work with the City of Coon Rapids to reopen the issue of extending Broad Avenue to Mississippi Boulevard. Ms. McPherson stated that in 1990, the Planning Commission reviewed this request. Eleven neighbors attended the meeting including Mr. Richard Bunan, legal representative for Mr. and Mrs. Wetterlund of 8300 Mississippi Boulevard, Lot 21, in Coon Rapids. The Wetterlund's own the property adjacent to Broad Avenue. At that time, the Planning Commission directed staff to answer several questions prior to the item being rescheduled for Planning Commission consideration. Those questions and the subsequent answers are as follows: 1. 2. What will the lot area be for the proposed buildable lot7 10,081.46 square feet If the City reserves a 15 foot bikeway/walkway easement over a portion of the proposed lot, will the lot still be buildable? Yes. Adequate buildable area exists for a typical size residence. The City of Coon Rapids has advised us that it may be possible to construct a portion of the bikeway/walkway in the Coon Rapids right-of-way, thereby : PLANNING COMMI88ION MEETING MARC$ 24 1993 PAGS 9 eliminating the need for the easement along the northerly property line. 3. How will the lot area of the proposed buildable lot compare to other lots in the area? Please see the attachment entitled "Lot areas of adjacent parcels". The proposed lot is larger than the average size of the six lots in the attached list (9,058 square feet). 4. What is the cost to relo.cate the overhead utility poles and pathway in comparison to the market value of the proposed lot? NSP inspected the property and determined that the utility pole could be removed without adverse impact to utilities. NSP does not have any overhead lines attached to the utility pole. However, telephone and cable TV service would need to be relocated. These utilities have not been contacted regarding the proposed cost oi relocation, however, the cost should be minimal. 5. What is the actual market value of Lot 26? Combined, Lot 26 and the Broad Avenue right-of-way would be valued between $17,500 - $23,000. 6. What is the actual market value of the vacated right-of-way? Because the existing right-of-way is platted for a street, a value has not been assigned. Value is created, however, when it is vacated and combined with the adjacent property. 7. Are there any utilities located within the Broad Avenue right-of-way or Lot 26? There are no sewer or water services to Lot 26; however, utilities are located within the Lafayette right- of-way. The City paid $1,900 for delinquent special assessments in 1986. The Enqi�eering Department has : PLANNING COMMISSION MEETING, MARCH 24, 1993 PAGB 10 estimated that it would cost $3,000 to provide water and sewer services. 8. If Coon Rapids were vacate its portion of Broad Avenue to which properties) would the right-of-way revert? The right-of-way would revert to Lot 26, Block C, Riverview Heights in Fridley and Lot 27, Block C, Riverview Heights in Coon Rapids. Ms. McPherson stated that since the first request was considered in 1990, the City Council and HRA have been developing a variety of housing programs. These programs include rehabilitation grants and loans, increased rental inspections, obtaining other sources. of state and federal funds, and a scattered-site acquisition program. Scattered-site acquisition means the HRA and the City acquire abandoned or vacant properties to demolish blighted buildings or to create opportunities for new single family homes. It is staff's opinion that this parcel is a good candidate for the scattered-site acquisition program. Ms. McPherson stated that the City Attorney is researching the process necessary to have the City convey the parcel to the HRA who would then conduct a process to sell the lot for a single family dwelling. At this time, it is not known whether the City will be required to go through a formal "bidding process" or if the HRA can negotiate directly with interested parties. Ms. McPherson stated that of the four options outlined earlier, staff recommends that the Planning Commission consider Option #2 as the best use for the property. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the vacation request to the City Council with the following conditions: 1. A ten foot bikeway/walkway easement shall be reserved along the westerly and northerly lot lines of the vacated right-of-way and an eight foot bituminous bikeway/walkway be constructed and a four foot high chain link fence shall be constructed on either side of the bikeway. 2. The vacated right-of-way should be combined with Lot 26 to create a buildable lot. Mr. Dennis Wetterlund, 8300 Mississippi Boulevard, Coon Rapids, owner of Lot 21, stated they have maintained this property for 22 years. He has planted grass and trees on it. He stated he and his wife are completely opposed to the vacatian as proposed. It : PLANNING COMMISSION MEETING, MARCH 24, 1993 PAGE 11 would depreciate their property. They hope the City will give them some consideration. Ms . McPherson showed on the map how City staf f has proposed the easement to be retained for the bikeway/walkway. She stated that in conversations with Coon Rapids staff, they have suggested that there is an opportunity to extend the bikeway/walkway north and do a gentle slope to connect to the existing path on the Coon Rapids' side. Mr. Wetterlund stated he would like to purchase the westerly portion of the street, and Mr. Reierson who owns the property at 621 Lafayette has been trying to purchase the easterly portion of the street. What is the difference if the City sells the property to them or to someone else? Mr. Saba stated he believed a buildable lot would create a better Iooking area. It would help get rid of the junk and debris that accumulates in that area now. Ms. Sherek asked the estimated market value on the property. Ms. McPherson stated the estimated market value ranges from $17,500 to $23,000. Ms. Sherek stated the City obviously wants to maximize what it can get for the property. If the property was split and sold to the two adjacent property owners, the City would probably be asking $10,000 for each portion. Is that property worth $10,000 to Mr. Wetterlund and Mr. Reierson? She stated this piece of property gives the HRA a property for scattered site acquisition for a single family home. It is getting more and more difficult to find places in Fridley to build single family homes. Mr. Wetterlund stated that this would still depreciate his property. It also cuts off his rear lot. Ms. McPherson stated that currently Mr. Wetterlund's lot has approximately 18 feet of frontage between where the City is proposing to vacate Broad Avenue and the lot to the south. The City of Coon Rapids has requested that the City of Fridley work to provide Mr. Wetterlund with the minimum 20 foot street frontage, so that if Mr. Wetterlund chooses at some time to split his lot, he would have the required street frontage. City staff believes that is possible. Ms. Dacy stated that in 1990, the neighborhood wanted the bikeway/walkway connection. If a new bikeway/walkway is constructed and the City acknowledges Mr. Wetterlund's request, instead of constructing it on the west side of the street next to the Wetterlund lot, it could be constructed on the east side of Lot 26. : PLANNING COMMISSION MEETING, MARCH 24, 1993 PAG$ 12 Mr. Wetterlund stated that if he ever wants to split his lot, the bikeway/walkway would be vexy detrimental to selling his property. He did not think anyone wants a�bikeway/walkway across his/her front yard. Mrs. Martha Wetterlund stated they purchased their home in 1964. They had access to Broad Avenue. At that time, it was a Class 5 gravel road. When Coon Rapids wanted to put in a permanent street by their house, the City o.f Fridley didn't want to do it. She really believed that the Cities of Coon Rapids and Fridley have created this monster for them. It has been over 20 years and nothing has been settled with Broad Street. The City of Fridley did not want to spend any money on extending Broad Street, but now the City of Fridley wants to sell the lot and make money. Mr. Wetterlund stated that if they wanted to split their property, how could they sell that back property without a street frontage? They would much rather have a permanent street than the what the City is proposing. Mr. Gerald Reierson stated he owns the property at 621 Lafayette Street, Lot 25. He stated his main concern is that something needs to be done with Lot 26 so that it doesn't remain a dumping ground. He, too, has spent a lot of time cleaning up that lot. He can understand the concerns expressed by the Wetterlunds. He would also like to see a 6 foot fence along the bikeway as opposed to a. 4 foot fence. A 6 foot fence would not eliminate people from jumping the fence, but it might help eliminate some of the trash. Ms. Dacy stated City staff can certainly consider a 6 foot fence. Mr. Reierson stated he would like to see the street improved. At one time, he had entertained the idea of purchasing Lot 26 so that he could build a nice house on the lot. He no longer has an interest on adding onto the existing house. He stated he wanted to see this issue resolved and not tabled for another 5-10 years. Ms. Dacy stated that if the City combined Lot 26 with the vacated right-of-way and put the easement for the bikeway/walkway between Lot 25 and Lot 26, would Mr. Reierson object to that? Mr. Reierson stated he believed that would just be shifting the problem from one side to the other. Ms. Dacy stated that if the Wetterlunds want to pursue the issue of whether Broad Street should be connected, the Council will want a petition from a majority of the neighbors supporting the connection and the willingness to pay for it. When a street connection is made, typically it is the City's policy to assess the cost to the abutting properties which, in this case, is the City of Fridley and the Wetterlunds. If the Commission believes : '+ PLANNING COMMISSION MEBTING, MARCH 24, 1993 PAGE 13 it is worth determining once and for all if the street should be connected, then they can direct staff to hold a public hearing. Mr. Sielaff stated there is the issue of fairness to the neighbors. Maybe they should hold a public hearing so there is a fair hearing. He, too, would like to bring this issue to a closure. Mr. Kondrick stated he believed the best location for the bikeway/walkway is between Lots 25 and 26 and to' combine Lot 26 with the vacated right-of-way for a buildable Iot. Mr. Reierson stated that relocating the bikeway/walkway to the east side of Lot 26 would mean cutting down all the trees that currently shade his house. In addition to the trees, there is quite a change in elevation. Mr. Wetterlund stated that if a new house is build on the level area which he has maintained and which is right next to his lot, then any new lot he might want to create would be worth nothing. Ms. Dacy suggested an alternative for the new proposed buildable lot and any new lot for the Wetterlunds by creating a small, modified cul-de-sac at the intersection of Lafayette and Broad. Ms. Sherek stated Ms. Dacy's suggestion was a very good one. Maybe in the process oi vacating Broad Avenue, they could create a cul- de-sac to improve access to any new lot. Mr. Wetterlund stated he liked the cul-de-sac idea better than what was being previously proposed. Ms. Sherek stated staff will have to look at the properties to see if this alternative for a new lot is feasible. MOTION by Mr. Saba, seconded by Ms. Sherek, to recommend to City Council approval of vacation request, SAV #90-02, to vacate Broad Avenue north of Lafayette Street by the City of Fridley, based on the above discussion and based on the modified proposal by staff to create a cul-de-sac at the intersection of Lafayette Street and Broad Avenue and to consider relocating the bikeway/walkway between Lots 25 and 26. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOUSLY Ms. McPherson stated a public hearing for the vacation request will be scheduled for the May 3, 1993, City Council meeting. 4. REVIEW POTENTIAL DATES TO MEET WITH CITY COUNCIL: The Commission members scheduled April 28, 1993, to meet with the CIty Council. : PLANNING COMMISSION MEETING, MARCH 24, 1993 PAGB 14 5. RECEIVE FEBRUARY 161 1993, ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the February 16, 1993, Erivironmental Quality & Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON RONDRICK DECLARED THE MOTION CARRIED IINANIMOIISLY 6. RECEIVE MARCH 16, 1993. APPEALS COMMISSION MINUTES: MOTION by Ms. 5herek, seconded by Ms. Modig, to receive the March 16, 1993, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOUSLY 7. OTHER BUSINESS: a. Resignation of Sue Sherek Mr. Kondrick thanked Ms. Sherek for all her years of service to both the Human Resources Commission and Planning Commission. He stated the Planning Commission will really miss her. . The Commission members also expressed their appreciation and well wishes. . ADJOURNMENT• MOTION by Ms. Sherek, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Kondrick declared the motion carried and the March 24, 1993, Planning Commission meeting adjourned at 9:35 p.m. Resp�ctfully sub 'tted, �� Lyn Saba Recording Secretary : S I G N- IN S H E E T PLANNING COMMISSION MEETING, �'�7ednesday, March 24, 1993 Nam Address/Business a ° ./� � ' � 5� N ° '� � ro .' �� n�,�.,v,� _ .,C�,c � �-�.,d .�% ��QO ��sS;�vo, �r/� oo.� �� _� � Ga �� , . � �J �� /h`� �7 N�k�'GSOwJ -TN,�fC�1�� S,E�iCG/ic� �,t�i � �N' ,�s �T, Sr d � �1��` . �t1�. . �—, LLG�l7 . `�� S63o / � iG % � r /I %6.3� i'h°adeu��lvoi Dr /'/'. �,� �?�/ � � y3 � 9 � �JA 1/s s / /� ��-� � /U, Cc� . c , �.. � I � [� Community Development Department 1..� PLANNING DIVISION . City of Fridley DATE: April 1, 1993 �• �� To: William Burns, City Manager �• FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #93-03, by Richard Kedrowski; 6584 Anoka Street N.E. The Planning Commission voted unanimously to recommend approval of the special use permit request to allow a second accessory structure over 240 square feet on the above-referenced property. The Planning CoYnmission in approving the request h•ad one stipulation: 1. The structure shall be painted by August 1, 1993. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-93-160 �� STAFF REPORT Community Development Department � Appeals Commission Date Planning Commission Date : March 24 , 1993 � City Council Date : Apr i 1 5, 19 93 I REQUEST IPermit Number ' Appiicant �� Proposed I 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 I mplications Conformance to the Comprehensive Plan Compatibifity with Adjacent Zoning and Uses Environmental Considerations RECONIlVIENDATION Staff Appeals Commission Planning Commission Attthor MM/dn SP �� 93-03 Richard Kedrowski To allow a second accessory structure over 240 square feet 6584 Anoka Street N.E. 15,480 square feet R-1, Single Family Dwelling Residential R-1, Single Family Dwelling on all sides Residential N/A Rice Creek Approval Approval �3, T. 30, R. 24 FR/OL EY 3 � � � � � • �� ✓ � 13 SP ��93-03 Richard Kedrowski ❑Qi 7HIS IS A COMW(AT�ON CF RECOROS I THEY APPfAR IN THE ANOKA GOVN1 OffICES AfFECTINC THE ARfA SHOWI iH15 DRAWiNG IS l0 8E USFD ONLY F� FfFfRENCE PURPOSES AND THE COU� TY !S NOT RESiON516!E fOR ANY N ACCURAtiES HE:fIN CONTAlNEO.: 53913 � ; � � :� � :� � r.: , � � � � � � �i /y V i c;; ` � �� , �y-� -...--�-- -- - _ . � � : R 5 � E !/ �RNf? r'� 14 " � ROlAND W. ANDERSON }~ COUN1y SURYEYOR � <NO:'� COUNfY, �pfA J..-..� �� LOCATION MAP I � � ` SP ��93-03 Richard Kedrowski I �� • � � `€;;� ,'�'� � j /G / i /B /! 10 j' . - = � t • _ __ '• '�raet t'`"' � ! �c � � /3 ir � ' � � � 1 ,:�f �C:' -- � 6 '� � � ` ,,� ` �� T � �;;,; ,. ` �� _ � �� ' � �, ' �; � � P � � f � `. I c;� 3 � � E I P IC �.�CREEK ��'., o� , � r• ��ZZ z� 2. 4 �; 4 �� %�,�i��j�� 'r � � I ♦ : Z '.� . � >�,. I • • • • • • • • • .�• • • • . • • • • • . • . • • • • • . . . • . . � W • • • � • • • • • • � • � . • . . • . . . . . .: ,� �, • • • � • • • � • • • � • � • • • � • • • •� �• � � • • � i43 • • • • • •_ • • • • • • • • • , • • .. • • • ... 68.._ AV E. vE. ........... .........�.. •Q........... ... ......., '� . a : a � �-' � �1• —• i . � .f� I � � •�� .�.;�T �. � „ 4 w . r.� � �� _ f"'� �� `_� • ` � �j'� _ ►► ' � � • �'�' ��"'��a� �'r � � �� , � `v� . � � � ' '' �e a . ,� _. � � .� �� ! . ' � ��= 4 . �,� . . � ��l�■ � ,,: - � � -� ° �, � a� . �� -�s m � � - � �� :�p, �!'��,,', � � • � ,: r ��^ - � �c.��u - � � T��• ' .�1 �0� ��r� o. � �;�, � , i 1�� i = . . .. _.�. .....� � �. �'� �.. .i�'l� � ` � � � , � � �. � :� _ � �� . . � -�Q � �� o:�� ' � �� ,;� .,, ��:� Id � !�� , '�7 i ' �� 8R ZONING MAP Staff Report SP #93-03, by Richard Kedrowski Page 2 Request The petitioner requests that a special use permit be granted to allow a second accessory structure. The request is for Lot 1, 2, and 3, Block 4, Oak Grove Addition to Fridley Park, generally located at 6584 Anoka Street N.E. Site The subject parcel is located in the southwest quadrant of the intersection of 66th Avenue and Anoka Street. Located on the property is a single family dwelling unit with an attached two car garage. The property is zoned R-1, Single Family Dwelling as are the surrounding parcels. Analysis The dwelling unit was previously a"basement" house with the detached accessory structure as the garage. The petitioner recently comgleted construction of a 42' x 26' dwelling and 27' x 24' attached garage. • The petitioner was informed that in order to maintain both the attached garage on the dwelling unit and the second accessory structure that a special use permit would need to be granted. The structure appears to be in good condition structurally, however, it could use a coat of paint, especially the eaves and soffits. The second accessory structure does not adversely impact the lot area and it meets the minimum setback requirements. Recommendation Staff recommends that the Planning Commission approve the special use permit request for a second accessory structure with the following stipulation: 1. The structure shall be painted by August 1, 1993. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. City Council Recommendation . Staff recommends that the City Council concur with the Planning Commission action. �• , � .� �. — � � � � SP ��93-03 � Richard Kedrowski �, , .v..n��...� .w .......v....rc..�.... iyr. ee� .iy � �.un.. .v.�evn.y ' .... n� r mm.m.y — .+w. ... ..� Locr�-r�c>N 9urvey for �� CH (��. � J. G�E DROW 5 � �, -r � � v � �.�. . � I 2 � Pv�T 12�8 , 3� _, ME �s, - � -- � --_ 3�0.8'!' _ � i �, }, i � �- � I m .- . N' � _ � � � � �'� m � ` � �, / � i I �---�-, ► — � - yo, . '� � �1 . 4 � . / �. \ ` �' �1.3 / \ � ``� � ��J1 STQ �rt�r J � �'� S � � _`� / (a.�o � � �``� �� — 0. ' ; ,,, � � �� . o a N 1q5t � �' . ; ;; � �` ,� � �: � �`t �\ �; � , �_ ; � . , � � � � �.... � r ..; � '� � , L �f rq.3t �� 5,�t �`°�„n. __� ._ . I2q P�,arr � , ; S � .� � � �o ��' �. o -r . , 2 , �� I � �- � 2.ov �. �� " � n .. _ . . .. Cou �TY 8T SITE PLAN , CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: _ �� -�6�f� �e.�' 1�-�-� Property Identification Number (PIN) Legal descri�tion: l.e�, �—� t$l�� C'�a,�—��.��(�-i�--- --��d-l��-- Lot Block TractlAddition <- Current zoning: Square footage/acreage 1S �� °t•-�-- Reason for special use permit: :� ��'� "4��/il�, , C�''�r' x'�.�° �_,�� `��!-',�' �t�.�� s Section of City Code: 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 license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Qwners must sign this form prior to processing) NAME �i c�� tI. I�2c�,rows�, � ADDRESS LL'S�- -�us� �— SIGNAT PETITIONER INFORMATION NAME Sa.�,c�e, a.8 c�ev�i ADDRESS SIGNATURE Fee: $200.00�---� 100.00 �- � Permit SP # �I �� ' v� / _RP.�e,r DAYTIME PHONE ��—eoz�- DATE 7' YTIME PHONE. DATE residential2nd accessory buildings 3°17 Application received by: /G�f.�i�r ' Scheduled Planning Com�mission date: l`t9. Scheduled City Council date: -�1 S, i�l�i�- : SuB�EC7 City of Fridley AT THE TOP OF THE TVNINS B U I L D I N G P E R M I T r � . � � COMMUNITY OEVELOPMENT OIV. r � ~ � � PROTECTIVE INSPECTION SEC. , , � _ �"'1 � CITY HALL FRIDLE� 55432 NUMBER REV O�TE !""'�' �'� 612-571-3450 910-Ft5 8/18/88 JOB ADORESS 6584 Anoka Street N. E. 1 IEGAI �OT NO: BLOCK TRACT OR AODITION �esca. 1, 2,3 4 Qak Grove Addit ion 2 PROPERTYOWNER MAILAO�RESS ' Z�P Richard Kedxowski 1293 Woodbridge Street, St. Paul, MN 3 CONTRACTOfi MAII ADDRESS Z�P Sam e � ARCHITECT OR DESIGNEH MAIL ADDRESS Z�P 5 ENGINEEA MAIL ADDRESS Z�P GAGE OF � � PERMIT � _ _ 19636 � 9 y'3/ APPROVED BY SEE AttACHEO SHEET PHONE 488-1989 PHONE IICENSE NO. PHONE UCENSE NO. PHONE UCENSE N0. 6 USE OF BUtLDING Residential � 7 CIASS OF WORK ❑ NEW OX ADDITIOtJ � ALTERATION ❑ AEPAlR O MOVE O REMOVE B DESCRIBE WORK Construct a 42' x 26' Dwelling and a 27' x 24' Garage; Existing basement house 9 CHANGE Of USE FROM TO STiPU�ATIONS �ove existing garage within 45 days of completion of new house and garage. Maximian cantilever in front to be 18" to maintain 35' setback, See notations on plan, Provide a hard surface driveway. w aR�� vt;�,t��s $e�oce d'tgg�ng call local G�S �1�. TELEPNOhE - EtEC►RI Y `�� REQUIRED B SEpARAT� P�aMll`S REQUIR�D 1�OR WlRING, HEATING, PLUMBING AND SIGNS, TYPE OF CONST. SEPARATE PERMITS ARE REOUIqED FOR ELECTRICAL. PIUMBING, HEATING, VENTILA7ING OR AIA CONDI710NING. THIS PERM�T BECOMES NUIL AND VOID IF WORK OR CONSTRUCTION ZONING AUTHORIZED IS NOT COMMENCED WITHIN 60 DAYS. OR IF CONSTHUCTION OR WORK tS SUSPENOED OR ABANDONEO FOq A PERIOU OF 120 DAYS AT ANY TIME AFTEFl WORK IS COMMENCED. NO. �WLG. UNITS I HEREBY CERTIFY THAT 1 HAVE REAO ANU EXAMINEO THIS APpUCAT10N 1 AND KNOW THE SAME TO BE TRUE AND CORRECT. ALl PROVISIONS OF IAWS VAlUAT10N AND OROINANCES GOVERNING TMtS TYPE OF WORK WILL BE COMp�1ED WITM WHETHER SPECIFIED MEREIN OR NOT. THE GRANTING Of A PERMiT $lOT �OOO OOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEI THE pERMIT fEE PROVISIONS OF ANY OTHER $TATE OR LOCAL LAW REGULATING CON• STRUCTION OR THE PERfOFiMANCE Of CONSTRUCTION. SC64.00 Op �UTNOA�2E0 �GENT 10 TE� �. .�� $ $ vEpBU4DEQ� � •TE� OCCUPANCYGiiOUP �OCCUPANCY�OAD � SO.fT. CU.FT. 1 OFfSTREET PARKINC STALIS GARAGES SURTAX $53.50 SAC CHARGE Y AL FEE $% 1% . 5� 115 IS YOUR PERMIT � � /�lI ; l,° � � U � DATE: TO: FROM: SUBJECTs: Community Development Department PLANNING DIVISION City of Fridley April 1, 1993. William Burns, City Manager �. �' �� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Establish Public Hearing for Plat Request, P.S. #93-01, Anderson Development Replat, for April 19, 1993 The Planning Commission conducted a public hearing regarding the plat request to replat property generally located in the southwest quadrant of Osborne Road and Central Avenue at its March 24, 1993 meeting. The subdivision ordinance requires the City Council to conduct a public hearing for all plat requests. Staff recommends that the City Council establish Apri1 19, 1993 as the date of the public hearing. MM/dn M-93-161 � S TAFF REPORT Community Development Department � Appeals Commission Date Planning Commission Date : March 24, 1993 City Council Date ; April S, 1993 REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) ! Utilities � Park Ded'+cation Wa#ershed District , ANALYSIS I Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent � Zon+ng and Uses I Environmentai , Considerations , RECOMMENDATION Staff Appeals Commission Planning Commission Author �/dn P.S. ��93-01 Anderson Trucking Service, Tnc. To replat property generally located at Osborne Road and Central Avenue. 11.02 acres M-1, Light Industrial Predominantly vacant; trucking terminal located on Lot 5. M-1, Light Industrial to the South; C-2, General Business to the West; C-1, Loca1 Business and R-1, Single Family to the Ea t. Retail/office to the West; vacant to the South; res'idential and retail/office to the East. $.023 per square foot Rice Creek Approval with stipulations Approval with stipulations P.S. ��93-01 Anderson Trucking Serv. N//2 S�C. /2, T. 30, R. 2� n r �lT -s, ��, �.�o, � ��, ';<� ,"K�; ,., '\ C/TY OF FR/OLEY (2 I � �2 24 : j 3� �3 / �.; � e w� 2� Npl � i �j 8Y LOCATION MAP Osborne Road � � 3 � P.S. ��93-01 Anderson Trucking Serv. l��i ��s��... �-'. .9 � ,� : 8Z ZONING MAP � Staff Report P.S. #93-01, Page 2 Request by Anderson Trucking Service, Inc. The petitioner has filed a plat application to replat the Anderson Development piat. The property is generally located in the routhwest quadrant of the intersection of Osborne Road and Cen��a�l. Avenue. Site The property is comprised of :11 acres which are predominantly vacant. There is a small trucking terminal located on existing Lot 5 in the southern-most portion of the subject parcel. The property is zoned M-1, Light Industrial, as are properties to the south. The property to the west is zoned C-2, General Business, and the property to the east is zoned both C-1, Local Business and R-1, Single Family Dwelling. Analysis The proposed replat would vaaate the existing lots and easements dedicated on the original plat of 196�.. A vacation request may be necessary to vacate the easements. Staff will verify this with the County Recorder and Surveyor. T�, nsw p1a� wpuld,. }�e; contpris�d ,Qf ��t�ree lots, � 3 which totals 4.11 ac�es would bs �or ths exist�:Lng �, trucking terminal, Lots 1 and 2 total �.95 acr.es artd 3.98"��'e�'°' ' respectively, would be� vacant. The petitioner has a potential� purchaser for Lot 1. The Fridley Bus Gompany may purchase proposed Lot 1 to relocate its facility from Main Street. We are awaiting site plans to determine whether a special use permit will need to be processed. The original special assessments for sewer and water were waived for a majority of the original plat. Special assessments will need to be paid.� for �,ot 1 for sewer and water laterals. While there is a water main located in Osborne Road, the closest sanitary sewer line is located in Central Avenue. A t��iiit�r e$sement will n�ed to be dedicated across the southern lot line of Lot�2 in order-to provide sewer access to Lot l. In addition, the City will request that a maintenance agreement be executed and recorded against both Lot 1 and Lot 2 for the maintenance of the sewer lateral for Lot 1. This will ensure that the owner of Lot 1 will maintain the private sewer lateral crossing Lot 2. In 1961, the record is not clear a� to whether or not a gark dedication fee was paid at the time of the plat� Staff has calculated park fees for Lots 1 and 2 which will be'vacant. �� fees are required to be paid at the time of building permit. ; � � Staff Report P.S. #93-01, by Anderson Trucking Service, Inc. Page 3 All three lots meet the minimum lot area and lot width requirements set forth in the M-1, Light Industrial district regulations. Recommendation Staff reaommends that the Planning Commission recommend approval of the proposed Anderson Development Replat to the City Council with the following stipulations: 1. 2. Special arsessments of $1,640.25 shall be paid for Lot 1, Block l, Anderson Development Replat.- A park dedication Eee of $2,951.10 for Lot 1 and $3,987.16 for Lot 2 shall be paid at the time of the issuance of a building permit. 3. The owner of Lot 1 shali exeaute and record against both Lots 1 and 2, Block 1, Anderson Development Replat a maintenance agreement which ensures that the owner of Lot 1, B1ock l, shall maintain the private sewer line Iocated on Lot 2. 4. Permits for the number and location of driveways shall be obtained from Anoka County prior to issuance of a building permit. Planning Commission Action The Planning Commission voted unanimously to recommend approval to the City Council of the request with an additional stipulation: 5. The maximum number of access points onto Osborne Road shall be three. 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FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT PLAT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 7699 Central Avenue NE Properiy Identification Number (PIl� R12 30 24 21 0010 thru 0013 L761�� Legal description: Lot s 1-5 Block 1 TraedAddition ANDERSON DEVIIAPMEN'P Current zoning: M 1 Square footagelacreage 11.02 Acres, �-/- Reason for plat: Revise lots with 2 ess lots 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 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 Anc�c�rGOn rn ki ng Sr�nTi ra, Tnc� , ADDRESS 203 Cooper Avenue North, St. Cloud, MN 5630a-1377 SIGNA PETITIONER INFORMATION �1AME Same ADDRESS DAYTIME PHONE 1-2 5-74 00 s�� DATE � �' 3 YTIME PHONE .c�'� DATE � al' -�'i � Fee: $500.00 for 201ots � $ 15.00 for each addidonal lot Permit P.S. # �i� -�1 Receipt # �S� Application received by: Scheduled Planning Commission date: j��.. , lq�.�- _ Scheduled City Council date: 8EE r � � I DATE: TO: FROM: SUBJECT: Community Development Department PLaivivnvG D�SION City of Fridley April 1, 1993 �� William Burns, City Manager � �'' Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Establish Public Hearing for Vacation Request, SAV #90-02, by the City of Fridley, for May 3, 1993 The Planning Commission conducted an informal hearing regarding the vacation request at its March 24, 1993 meeting. This request was previously tabled by the Planning Commission on May 16, 1990. The City Charter requires that the City Council conduct a public hearing for all vacation requests. Staff recommends that the City Council establish May 3, 1993 as the date of the public hearing. MM/dn M-93-162 � � � STAFF REPORT APPEALS DATE CITY OF PLAtWNG CONru11SSION DATE : May � 6, 19 9 0 F[ZtDLEY c�nr r�a� �A� March 24, 1993 A�� /dn A ril 5 1993 � REQUEST PERMlT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENStTY PRESENT ZONiNG ADJACENT LAND USES & ZONN�IG UNfE$ PARK DEDiCAT10N ANALYSIS FINANCIAL IMPL�ATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WfTH ADJACENT USES $� ZONMVG ENVIRONMENTAL CONSiDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMM{SSION RECOMMENDATION SAV ��90-02 City of Fridley To vacate that portion of Broad Avenue lying north�of Lafayette Street to the Coon Rapids city border. R-1, Single Family Dwelling North-Single Family; East, South and West-R-1, Single Family Dwelling Yes Yes Will need to provide pedestrian access from bituminous bikeway/walkway located in Coon Rapids within their Broad Avenue right-of-way. VacatecBroad �4venue and combine with Lot 26. Construct pathway. Vacate Broad Avenue and combine with Lot 26. Construct pathway. . < < SAV 4�90-02 City of Fridley � . . � z n. w CONNEN - � � • •• � SEC ! �: .. � �,� -tsJ_� -- - ! i —_�--+---�-oc ' � _ �' . ��-� REVISEO ; AUDITORS � � �,� � ,� ,� �V , � ., .< <3 ,, f ., �' �� ,0J v i /ro.r. s% J � ;q . 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This is in response to an offer from Mr. and Mrs. Gerald Reierson, owner oi 621 Lafayette Street to purchase Lot 26, Block C, Riverview Heights. �;r��s:' a tax forfeit 1ot and is currently owned by the City of �riaiey. The City of Fridley can vacate Broad Avenue and combine it with Lot 26 to create a buildable single family lot. Site The site is currently zoned R-1, Single Family Dwelling and the adjacent property to the north, west, and south is also zoned R-1, Single Family Dwelling. The neighbor in Coon Rapids to the west of the Broad Avenue right-of-way has fenced and maintained � public right-of-way. Along the east right-of-way line is a heavily traveled foot path which connects to a five foot bituminous bikeway/walkway in Coon Rapids. Lot 26 is located east of the Broad Avenue right-of-way and is zoned R-1, Single Family Dwelling and is heavily wooded. Analysis This portion of the Broad Avenue right-of-way was discussed by both communities in the early 1970's. The previously-mentioned fence was constructed in 1971 by the westerly neighbor. At that time, the City of Coon Rapids also constructed the concrete driveway within the Coon Rapids portion of the Broad Avenue right-of-way. In 1973, the City of Fridley received a vacation request from Kay Olson which was never completed. Olson was the owner of Lot 26, Block C at that time. In 1974, the City of Coon Rapids proposed to reopen the Broad Avenue right-of-way and construct Broad Avenue from Mississippi Boulevard in Coon Rapids to Lafayette Street in Fridley. At that time, the Fridle.y City Council received two petitions; one which opposed the reopening and the other which approved of the reopening of Broad Avenue. At that time, the adjoining property owners felt that extending Broad Avenue to Mississippi Boulevard would provide better traffic access to Mississippi Boulevard without having to access East River Road. The record is not clear as to who made the decision but the street was obviously not constructed. The City has four alternatives to resolve this issue: 1. Leave the property as it is now. 8JJ Staff Report SAV #90-02, by the City of Fridley Page 3 2. The City could vacate the right-of-way and combine it with Lot 26 to create a buildable lot. This buildable lot would then need to be declared "excess�� by the City Council and conveyed to a new property owner. 3. The City could vacate the right-of-way and sell it to the westerly neighbor. 4. The City could work with the City of Coon Rapids in extending Broad Avenue to Mississippi Boulevard. Please note that under state law, a vacated right-o�-way typically is divided in half according to properties on either side of the right-of-way. However, this is only in the case where the properties are entirely within the original plat. In this case, iie�-.CQOn Rapids property to the west is in a different: plat. Therefore, the entire right-of-way wi11 accrue to Lot 26, Block C, which the City now owns. Whichever alternative the City chooses to pursue, it has been recommended by the City of Coon Rapids (see attached letter) that the City of Fridley work to maintain a pedestrian access from the existing bituminous bikeway to Lafayette Street. This will provide safe padestrian access for both Coon Rapids residents visiting Fridley parks and vice versa. Planning Commission Action - May 16, 1990 The Planning Commission previously discussed this request at its May 16, 1990 meeting. Eleven neighbors attended the meeting including Mr. Richard Bunan, legal representative for Mr. and Mrs. Wetterlund of 8300 Mississippi Boulevard in Coon Rapids. The Wetterlund's own the property adjacent to Broad Avenue. The Planning Commission directed staff to answer several questions prior to the item being rescheduled for Planning Commission consideration. Those questions and their subsequent answers are as follows: l. What will the lot area be for the proposed buildable lot? 10,081.46 square feet 2. Will the lot still be buildable if the City rese�ves a 15 foot bikeway/walkway easement over a portion of the proposed lot? 8KK Staff Report SAV #90-02, by the City of Fridley Page 4 '�es. Adequate buildable area exists for a typical size residence. The City of Coon Rapids has advised us that it may be possible to construct a portion of the bikeway/walkway in the Coon Rapids right-of-way, thereby eliminating the need for the easement along the northerly property line. 3. How will the lot area of the proposed buildable lot compare to other lots in the area? Please see the attachment entitled "Lot areas of adjacent parcels". The proposed lot is larger than the ,averaqe si2e of the six lots in the attached list (9,058 square feet). 4. What is the cost to relocate the overhead utility poles and pathway in comparison to the market value of the proposed lot? NSP inspected the property and determined that the utility pole could be removed without adverse impact to utilities. NSP does not have any overhead lines attached to the utility pole. However, telephone and cable TV service would need to be relocated. These utilities have not been contacted regarding the proposed cost of relocation, however, the cost should be minimal. 5. What is the actuai market value of Lot 26? Combined, Lot 26 and the Broad Avenue right-of-way would be valued between 9$17,500 - $23,OOD. 6. What is the actual market value of the vacated right-of-way? Because the existing right-of-way is platted for a street, a value has not been assigned. Value is created, however, when it is vacated and combined with the adjacent property. 8LL 5taff Report 5AV #90-02, by the City of Fridley Page 5 7. Are there any utilities located within the Broad Avsnue right-of-way or Lot 26? There are no sewer or water services to Lot 26; however, utilities are located within the Lafayette right- of-way. The City paid $1,900 for delinquent special assessments in 1986. The Engineering Department has estimated that it would cost $3,OOQ to provide water and sewer services. 8. If Coon Rapids were vacate its portion of Broad Avenue to which propert(ies) would the right-of-way revert? The right-of-way would revert to Lot 26, Block C, Riverview Heights in Fridley and Lot 27, Block C, Riverview Heights in Coon Rapids. Housing Proqrams Since this request was considered in 1990, the City Council and HRA have developed a variety of housing programs. The housing programs include rehabilitation grants and loans, increased rental inspections, obtaining other sources of state and federal funds, and a scattered-site acquisition program. Scattered-site acquisition means the HRA and the City acquire abandoned or vacant properties to demolish blighted buildings or to create opportunities for new single family homes. Tlhis parcel is a good candidate for the scattered-site acquisition program. Staff is currently researching with the City Attorney's office the process necessary to have the City convey the parcel to the HRA who would then conduct a process to sell the lot for a single family dwelling. At this time, it is not known whether or not we will be required to go through a formal "bidding process" or if the HRA can negotiate directly with interested parties just like any other property owner. Of the four options identified earlier in the report, staff is recommending that the Planning Commission consider Option #2 as the best use for the property. 8MIVI Staff Report SAV #90-02, by the City of Fridley Page 6 . Recommendation Staff recommends that the Planning Commission recoYnmend approval of the vacation request to the City Council with the following conditions: 1. A ten foot bikeway/walkway easement shall be reserved along the westerly and northerly lot lines of the vacated right-of- way and an eight foot bituminous bikeway/walkway be constructed and a four foot high chain.link fence shall be constructed on either side of the bikeway. 2. The vacated right-of-way should be combined with Lot 26 to create a buildable lot. Planning Commission Action The Planning Commission voted unanimously to recommend approval to the City Council. The Commission recommended that vacated Broad Avenue be combined with City-owned Lot 26. The Commission also directed staff to investigate locating the bikeway along the east side of Lot 26 and to respond to the issues raised by Mr. and Mrs. Wetterlund, owners of the adjacent lot to the west in Coon Rapids. 8NN SAV 4�90-02 LOT 26, BLOCK C �ity of Fridley RIVERUIEW HEIGHTS . `� MISSfSSIPPi BLVD. � � � � ---�-r � �� i �� I I � I 1 I I � I2� � �p� � � � � pF C�� R Pp � I � C�1 � I �� 50, � o� �R1p�E . ��" i 16� p C, ., ! w � 21 _r� R1vE"R`GH�S x - �� H E LEGEND � + (° R � _'� � 26 �' • DENOTES FOUND IRON PIPE j ` ��'� ' t 25 __ _� ��-� r �' , '"`� ►�% ._'°. , _l-- f. �E- s-CR � P`� .�� ° Q L�F �� '' —' x o � � - �O CHAINJNK fENCf - / .. 1 - - - - � �� I �e e w �� 5 " 22 ° Q 1 , �\ � � � ��—��------- �� 35 ` �� O I ,'�r � 23 � � �, � CITY OF COON RAPIDS r 1 � CITY �F 'RIDLEY � 50' � ,` S � N��S `N s-° , 33 � �N�Mp ��ER1v`E153som� 34, '��~ "� � R H E�� N so � I� o�I � 1. f�� s-�REE� f- f' � ��g�� O_ / / : � � _ ,8� . ` _� -�- --� L_l_ O � � N 9 � � ,Dj iN SAV #90-02 � City of Frid 5-� P 2� � � x 9,y3�, w U xo-- � -' � z d- � o w oo r`� -o � � X� � � z r-- �- � � � 2�z Qx _ � x � g�_�Q�, �.6 � � _ 6,� � x � + Area of Bikeway/Waikway Easem�nt �__ � ... � � _ � / Lot Areas of Adjacent Parcels Fridlev 621 Lafayette = 5,500 square feet 611 Lafayette = 5,500 square feet 591 Lafayette = 13,200 square feet 630 Lafayette = 8,250 square feet 612 Lafayette = 11,000 square feet 605 Kimball = 10,900 square feet Coon Rapids Lots 27-32, Block C, Riverview Heights = 20,850 square feet Lot 21, Block 4, Mississippi Oaks = 34,100 square feet Lot 22, Block 4, Mississippi Oaks = 15,400 square feet Lot 23, Block 4, Mississippi Oaks = 14,960 square feet : t� !� � _ UTYOF FRIDLEY FR[DLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 •(612) 571-3450 • FAX (612) 571-1287 March 5, 1993 Subject: Vacation Request, SAV #90-02 Dear Property Owner: You may recall receiving a notice in 1990 regarding the vacation of Broad Avenue N.E. north of Lafayette Street N.E. by the City of Fridley (please see enclosed location mapj. The Planning Commission conducted a public hearing on May 16, 1990 regarding this issue in which the commission tabled the request. The Fridley City Council has requested that the item be removed from the table and reconsidered by the Planning Commission. Staff is recommending that the City take the following actions regarding this item: 1. Broad Avenue N.E. should be vacated from Lafayette Street N.E. to the Coon Rapids border. 2. The City should retain a 15 foot bikeway/walkway easement along the west and north property lines (see enclosed map). 3. The City should construct an eight foot wide bituminous bikeway and walkway to link the existing pathway from Coon Rapids to Lafayette Street N.E. A chain link fence should also be constructed adjacent to the bikeway. 4. The City should combine the remaining portion of vacated Broad Avenue N.E. with City-owned Lot 26. Once the combination has occurred, the City should sell it as a buildable lot for the construction of a single family dwelling. This item will be considered by the Fridley Planning Commission at its March 24, 1993 meeting. The meeting will begin at 7:30 p.m. in the City Council Chambers at the FridZey Municipal Center, 6431 University Avenue N.E. If you have any questions regarding this subject, please contact me at 572-3593. Sincerely, �,�C%�ULC.i G(� ,�``1� ��'�----� " t Michele McPherson, BLA Planning Assistant MM/dn C-93-44 • . . QTY O�F FRIDI�Y 6431 iaTIVEIiBITY AVENUE N.E. , FRIDI�C, I�T 55432 Do�maiity Develop[netlt Departanent (612) 571-3450 ��ACA�I�1 APPT�ICATI(�[�t I+�M �ROPF•It�'Y II�TIO[1 - site plan required for sukmittals; see attad�eci •.. Legal descriptian: Bloc3c Iegal description of easement to be vacated: �+- . ^ ��• . � . •� ►• . (Contract Purrx�ase,rs: Fee Owners must sign this form prior to proo�sing) r, . r• i , • � �:• �. r. ►• - •: i�+• � i • •. r• � /• I r �.:;�� r..r: t r � �• � i • � �� Ya .• � � • • 0 __�_�_.r...�.,..,._�_____�__�_ �_ _r_�__�__�__�..__�__�______�_____....��_�_..___�_�.._ Fe+e: $150.00 c/ Permit SAV # � - (� �-- Reoepit # Applicatiari Y�eived by: � _. _. � . •. � . . . `% � .. � Sc3leduled City Qo�u�ci.l date: 8SS � �� H AP I March 24, 1�93 Frid�.ey Planning Gommission 64'll University Avenue NE F'ridley', Minnesota Commissianers: At its March 23, 1993, meeting the Caon Rapids City Council reaf�irm�d its previous position on the proposed vacation of Src��d Avenue. Attached is a copy of Resalution 9�--79 setting forth that positi.an. Sincerely, /� --� c � /` ��--= � / E�elyn Turner Seninr Planner 1313 COON RAPIDS 84ULEVARD, C001V RAPI05, MtNN�SG�TA 55433-5397 S612j 755-2880 • FAX (612) 780-fi421 • S�s�•� � : �� . . . � � , � � � �^ a , x�s r � � +�� .a' ,�'. � ,�, . �� 3�i1 f �:.°� S � � �y� 't'LFY�s+j� ; S!� i�� h� +r;�'r'►T'(, �1 J` � S� y��; �,�,$j�+�' r � a ,� � � y �a � ;;�.', , - H. ,`%,; •z`�^��'"',`�,}T��;��rq'��54�,�„, 1��,; ,r�� .l�,, �!�*��i;=: �r,.. � �. ii :i ..i,� �iYi�'•�t �C l, �� F-. .��ti. . �i. � . C�, .� � • + � i �' "� '1 1 { 1 � • �1: ` f Y.t' ' 1 ' � xl � 1 � ► ' � : •'� 1 ' � � 1 ' J� 1 : �:t: 1 ' ' { 612 571 1287;# 5l 5 W�REAS. the City of k'ridley haa requested cattiments fron the City Of GpOA �pids canaerning a praposal by the Citq of Fridley ta vacate ti�at pert of $raad Qvanua that lies vithin Fxidley; and �AS, ia 1g71. the City af Coon Rapids, Aftez rQCe�pt of pet�tic�n, cicsed that par�iar� vf Broad Avenue within the City af Co�n Rapids� but in 1974 co�structed a pathway ta allow padestriarY accesQ; and ��5. the Citv COLiT1CSI., after due deliberetion and cansideration af staff x�caa�endations. finds that the �antina�d ma�ntenance af said pathway is feasihle� necasaary aad convenient to its c�ti2e�ls, as we1Y aa to the City's n�ighbors ir► the City of Fridley. � � N�Y� TI�7,EFORE, BE I'� KESdLVED� by �hs Coon Rapids City Council�tha� ��e City of Coan R�pids will not oppose the proposed v�ca�ian if a • pedestrfan arcd bicycle pathway easemeil� i� maiatained aad if th� lot ahutting the easemeat an the wes� retains at least twenty feet of frontage on �road Avenue ppposit� Lafayette Street. ATTESi' : /J. �� Richard S. Reiter, Mayor �w ,•'�. - - //1 . .- . .,.,. ;- .►ryi�;�:tia �tiNwn� ;;� �-. • - -s- i � � �% 7 �?_ �� : +� 612�806464 SEtiT BY � C()()N R.�P 1 DS C[ TY `� � a� � � � Ci� � � � � TN'7'RdDUGTION ; 3-19-93 : 9 � 48A14f ; 612/754-9403� 612 571 1287;# 2/ 5 �d Tp: Mayor. Gity C,ouncilmcmbcrs, Chty Mana r � lyR4M: Evelyn 1�rner, Zoning Administratv `� l: 1 y DATE: �/a,catiom of Broad Avcnuc in C�ty of Fridley March 2�,1993 The City of Fridley is (again} pra�yosing to vacate � that part of Broad Avanue between Lafayette Street and MisSissippi Baulevard that lies within �'ridley. pI�CUSSION The vacated right of way would be cc�mbined with the adjacent substandard lot to farm a buiIdable parcel. This vacation was �rst prapased iz� 1990. At that time Resalution 94-?0 �vas adapted e.�pressing support for the va�tion if a pedestri�n and bicycle path e�tsem�ent were maintained and i€ the adjac�nt Lat 2l retained 20 feet of irontage on Broad Avenue s� it cauld be s�lit into two lots if the owner d�sired. (A capy of the resolution and Staff report is attach�d.) At th:s time Fridley is propvsin� not only to provide the eascment but also to ira�rove it ��ith a fence and paved path coruiecting tQ the paved path in Coon Rapids. They �re propasing to place rhe portion �f the new path that wiIi run east-west within �ridley. I suggested that it might be placed (wiLhin Broad A�enue) in Caon Rapids. This could be donc without r�maving any trees and would make the Fridley 1ot more attractive. If Fridley wants ta da this it can be h�ndled administratively. I,ot 21 would be left with anly 18 feet af frontage on �3road Avcnue. I pointed out the previc�us reqvest far 20 feet to Fridley Staff_ � The Fridley Plannin� Commission is holding a pubtic hearing on this on March 24. We f�rwarded notiees to Caon R�pi�s residents within 350 �eet. I 1�T RE I Na action is required unless Cauncil wi�hes to change its positian on this matter. Staff will farward Resolutian 90-70 to Fridlcy. Respectfully submitted, � �. � f�1 Eve 1'nrner Zoning Administrator � 1313 COON RAPIOS BOULEVAR�, COON RAPIDS, M18V OTA 55433-5397 (612} 755-2860 • FAX (612) 780-642� 6127806464 SE�'T BY � COON RAP I DS C I TY ; 3-19-93 � 9:49AM ; 612/754-9�43-� 612 571 1287;# 3/ 5 E � � • ..� . � MISSISSi�'�'I 8LV0. � I � � . �� : : ' � • � . i � . � � : f � • � �� j � p1o5 � �� i . .1 � ��.� �� . � � � �a� : � Q� ��'��Y � �� ' Gl� � W �� 21 „` _r� _ R��R �� S . j . � �� t,, � � �EGEND ��f Z� � * �ENOicS FOUND IR4h! PI�'E f . �y!. 125 �_ �,,,,�- �� .,,r �j�'(� � �j � ,rac �� -�o'' � �'��. � # �,�- � L�F A�--. .�-� .+... �O S�i�AifMK I'�lCC ' �� r--- — — — � � -- �� Q !.il �` j � 5 22 • Q t � �� ; 1 � j�.`� --------�-- �� 1 `C+' � I t r _ � ; � �23 • � �� CiiY OF COON RAPIdS r i � - CITY 0� .,RIDLEY Sp' t ,1 S � 1 �� f..� MP'QN ��t�W 3 9� 3�1 � �.�— "'� �N� Rt��R, H�$ Y`� ��'� p �-�- H � � � !� � � � : � � � ��¢�� — �,�� p-� �, .�-r � �- � $�W � TO B� VACATED + . • EXiSTYNG PATNWAY � � MUNICIPAL BOUNDARY 6127806464 S�iVT BY�COON RAPIDS CITY �� ;�-19-93 ; 9�49AM ; 612/?54-9403� 612 571 1287;# 4! 5 ; • � _y � ►] �o: FROM: SUBJECT: DATE: Mayor, City Gouncilnembers,� Gity Manager Evelyn Tur�er, Zaning Admini�trator V�.catian of Sxoad Avenue iri Ci�y of Fridley M8y 22, 1. 99d, The City of Fridley has requested comments from coon Rapids on a proposal by Fridley to vacate that part af Broad Avenue between Lafayette Stre�t �nd Mississippi Boulevard that lies W�tiyin Frid�ey. (S�e attached maps.) I?�SCUSSIQ� This block df �raad A� and pedestrian path. 7 Rapids City Councf 1 aft� the area. The pathway between residents wha want�d it kep� closed Fridley riot to vac�te 1 allowr> no�th-south txav enue �.s unimpraved except for a bicycle he �treet was cloaed �n 1971 by t.he Coan �r receipt af a petitian from residents in was construc�ed i.n 1974 �s a aompromi5e wanted the road reopened and those .�tha It also responded to the desire af he riqht of way at that time. �hfs path il without using East River Raad. bennis Wetterlind, awner af the adjacent Lot 21 in Coan R�pids, maintain� the entire r�gbt of way from Mississip�i Boulevard �o Lafay�tte Street as yard. He has fenc�d the east �dge af the partian Fridley praposes to vacate. tT'he fence along La.�ayette Str�et was er�cted by Caan Rapids �s paxt oP the street closing.) HoweveX, as was made cle�tr to Mr. Wettexlind in a X�7�. letter £rom the Ca�n Rapids City Manger, any �mprovement& conatruGted �n the right of way were done at his own risk.. The purpose o€ tl�e vacation is �a enlarge the lot on the nartheast vorner af T�a�ayette S�reet and Bro�d Avenue so it is build�ble. The Fridley Planning C�mmissian he�d a public hearing on this matter on May 1G, 1390. Fridley St2�ff indicates that 11 neighbors attended. Mr. Wetterlind, through his at�orney, expressed the desire to see the current arrangemerit maintained. The ather neigtYbors w�nted to see pedestrian �oaess maintained. The Planning cammissian postpon�d action and requ�sted input frcm the Coon Rapids City Cauncil and more informa�.io» from its staf�. i� 73i3 COON RAPIOS 60U�EVARD, (�ON RAPfDS,8Mi(Nf�fESOTA 55433-5397 t612) 755-2860 � _ � . DATE: TO: FROM: Community Development Department PI.��NNING DIYISION City of Fridley April 1, 1993 William Burns, City Manager �� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #93-01, by SignArt for Plywood Minnesota; 5401 East River Road N.E. The Appeals Commission reviewed the attached variance request, to increase the maximum size of a sign from 80 square feet to 300 square feet. Plywood Minnesota has undergone a name change to Home Valu and therefore needs to update its existing sign. The existing sign was granted a variance prior to November 21, 1977. The Appeals Commission first reviewed the variance request at its February 16, 1993 meeting. At that meeting, the Commission tabled the request to allaw the petitioner to redesign the sign to reduce the overall area. ` The petitioner revised the sign to reduce the square footage to 186.25 square feet from the initial 300 square feet. The sign includes 140 square feet for Home Valu, 32.75 square feet for an automatic time and temperature sign, and 13.5 square feet for the text "Open Tonite", The Appeals Commission at its March 2, 1993 meeting voted 4:1 to recommend approval to the City Council of the amended sign proposal of 186.25 square feet with the following stipulation: l. Of the total square footage, 153.5 square feet shall be for the identification of Home Valu and "Open Tonite". The time and temperature sign shall be 32.75 square feet. The petitioner has not met the four conditions outlined in the sign code which must be met prior to the granting of a variance. Staff recommends that the City Council deny the variance request. MM/dn M-93-164 � _ REQUEST Permit Number Appiicant Proposed Request Location SITE DATA Size Densit�� Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financiallmplications ' Conformance to the Comprehensive Plan I Compatibility with Adjacent Zoning and Uses Environmental Consideraiions RECOMMENDATION ' Staff Appeals Commission Planning Commission Author NIl�I;1s S TAFF REP O RT Community Development Department Appeals Commission Date i�,arch 2, 1993 - Planning Commission Date � City Council Date April 5, 1993 VAR #9 3-O 1 Sic�art for Plywood Nlinnesota To allaw the oontinuenoe of a varianoe granted prior t,o 1977 to cantinue to allow the rem�deling of an existing sign 5401 East Ri�r Road 5 acres M-2, Heavy Industrial Shawroa�r-warehouse M-2, Heavy Industrial, on all sides Manufacturing/office-shaaroom . Six Cities Denial Approval with oondition� VAR ��93-01 Signart for Plywood MN 9g LOCATlON MAP L Staff Report VAR #93-01, 5401 East River Road, Plywood Minnesota Page 1 A. STATED HARDSHIP: "Renaming company. We need a larger sign for better freeway visibility." B. ADMINISTRATIVE STAFF REVIEW: Rec�,uest The petitioner requests that a variance be granted to allow the continuance of a variance granted pri.or to 1977 �o allow the change of a business name on an existing sign. This request is for Plywood Minnesota, generally located at 5401 East River Road. Site The property is located south of I-694 and adjacent to the Burlington Northern tracks. Located on the property is a single story office/showroom/warehouse facility. The property is zoned M-2, Heavy Industrial, as are all surrounding properties. Analysis Section 214.21.03 of the Sign Code states that ali variances granted prior to November 21, 1977, unless otherwise specified by Council, remain in effect until the sign is altered,. remodeled, or replaced in any way. Public purpose served by this requirement is to enable the City to enforce compliance with current sign code. Section 214.21.03 is intended to regulate signs granted prior to November 21, 1977. The current sign is approximately 300 square feet in ar�a. The property was granted a variance in 1970 to allow the installation of a free-standing sign. The proposed sign changes the name from "Plywood Minnesota" to "Home Value" and also allows for an "Open Tonight" sign and an automatic changeable time and temperature sign. The petitioner is processing a special use permit to allow the automatic changeable sign as required by code. Prior to granting a variance from Sign Code, four conditions must b are outlined in Section 214.21.02 follows: . � the literal provision of the e met. These four conditions of the Sign Code and are as Staff Report VAR #93-01, 5401 East River Road, Plywood Minnesota Page 2 A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The subject parcel and adjacent properties are similarly zoned M-2, Heavy Industrial. The parcel has good visibility from I-694. The property is not unique when compared to adjacent properties or similarly zoned properties in locations within the community. ��,, �the Council denied a variance to increase the square footage of a sign for Minikahda Mini-Storage. The Minikahda Mini-Storage variance request was to increase the square footage of a sign from 80 square feet to 177 square feet. The existing Minikahda sign is 145 square feet in area. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Denial of the variance does not eliminate an opportunity for signage on the property. The property currently has a small wall awning sign over the door of the entrance. The amount of signage on this awning is substantially less than that which is permitted by code. If the petitioner requires additional signage, the petitioner has the opportunity of exploring additional wall signage on the build�ng facia. Denial of the variance request would only prevent the petitioner from changing the name on the existing sign. The petitioner has an opportunity to substantially reduce the size of the free-standing sign closer to that allowed by code. C. That the strict application of the Chapter would constitute an unnecessary hardship. Strict application of the Chapter would limit the amount of signage to.-80 square feet maximum. Denial of the variance would prevent a change in the name of the sign. The petitioner should attempt to reduce the amount of signage to bring it closer in compliance with the code. The Minikahda Mini-Storage sign at 145 square feet is visible and very readable from I-694. It would be possible for the petitioner to make adequate use of a smaller sign. 9E Staff Report VAR #93-01, 5401 East River Road, Plywood Minnesota Page 3 D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The public purpose served by the Sign Ordinance is to reduce the size and amount of signage in order to reduce visual pollution. The petitioner, when requesting to maintain the existing square footage, is not attempting to meet the public purpose set forth by the ordinance. At this time, the petitioner has the opportunity to substantially reduce the amount of signage provided on site. Recommendation As the petitioner is not attempting to substantially reduce the amount of signage on the property and the four conditions as required in Section 224.21.02 have not been met,°,��f recommends that the Appeals Commission recommend denial of the variance request to the City Gouncil. Appeals Commission Action of Februarv 16, 1993 The Commission voted to table the request to allow the petitioners an opportunity to work on a smaller sign. The Commission also requested information regarding the Wickes and Minikahda Mini-Storage signs. Wickes has two wall signs, one of 1,477 square feet and one of 396 square feet. The Sign Code in effect at that time does not clearly define the amount of wall signage permitted in the industrial district. The minutes of the 1985 varianc,e request fo.r Minikahda are attached. Revised Proposal The petitioner has submitted a proposed sign of 186.25 square feet. Of the total square footage, 140 square feet is fot "Home Valu"; 32.75 square feet is for public service (time an�� temperature); and 13.5 square feet is for °Open Tonite". The sign will still use the existing poles. While adding the time/temperature section is a contribution to the public, it does not reflect the petitioners' image to the public nor does it contribute to the petitioners' image. This portion of the sign could be eliminated without adverse impact to the proposed sign. This would reduce the overall size of the sign to 153.5 square feet, almost half of the existing sign. 9F 5taff Report VAR #93-01, 5401 East River Road, Plywood Minnesota Page 4 Appeals Commission Action On. March 2, 1993, the Appeals Commission voted 4-1 to recommend that the City Council approve a variance to 186.25 square feet with the following condition: 1. Of the total square footage, 153.5 square feet shall be for the identification of "Home Valu�� and "Open Tonite". The time and temperature sign shall be 32.75 square feet. Citv Council Recommendation The petitioner has not met the four conditions outlined in the Sign Code which must be met prior to the granting of a variance. Staff recommends that the City Council deny the variance request. 9G . .. ;. �.�..._ � . . � .. . � .. - - " w�f ,�'•,•�•` ::"'r c , � _ _�c.: �_ ��I� : o-{k � E:ru i�.N; F4:� `.1 ....:...,r. - - -- - - — _ TtTIE ` (�,�WANNINti: ,; � i � , � � � ' . , � VAR �!9_��`Se:M,sn�ctC�Mviqr-� °• - � r�� . . . � w/a0ua . ..,..,... .t,...4..� ..._,...,.......... a ��;',:'��'`'•��'i�d -_. _. _ _._ .� � �:. ; �:: .;, � A, .• �..� .. � � Ol , � L " I" � � ; j � {- ra i ` 5,i �__.. 4 � �. � . .,• � i ... .. .� ..' - . .. � �� A �- . s.,.�� „i+k�t'ny �ryt�� s�c '�,``� �`'?��,.°i�--r ��. '+ �..,.y�.. .x� t r�� r.�"�� 'r� � :�� . 7,#t.4i t' '�R•� N 'Y.✓ '�Zi >�' �_ F.�' � . .i ��`` 'Y`` . { t� ��' if1�� ' . f,��3 �� l+�c�F1��, • �� . i � � w ir ..:. �,t��`,�fN�c� ry, �.c�.,r ?'�u� d -e�: .,. : y L � �f �S;'o F��iro �f '. F N + , ! �'M� y �7�'�' � �s��y� r Z { � YI�� .a�. .iY _ S ��' � �.J,'. 4,,y. "� vf .,,.�� i� � 3 ,,r.'h r, ! t}% - y ; .p. �( �1 1 :::r,. �..��,..� y,.-..� . , r � � �� ;�\yy ��=-, i�. .. �� i� � �e�� " tL'''J� �r.J1��.�Js� ��s � �. �T; � '� i��..G � o��►E(L;'. r=: 1 �.�., � •I � • r ' j�. � I � W � � �� .�.�,.. :� �:�� ::$: � � � F` y a�r,., � "s � � �, ,_� „ � : ��:� �. :� ,• a� �, _�t � ��i.. "` a 'LYi.. . • i�'::2��5� • �----�--�� ;: .. :�. . . . . �� r 3 . ' -� � y � `-� -.-_ . _. �� .� �� ; ' ; �...�� 4 1 � �: �� Y t � ./ � ,� . - - � ` .�. . . �•—•-•-••• _...,__.. ..;-.r� . (%��' � { � y . "+'1*� �� s��f > ��.e �:�; . � � t� ��_� ..-}i ; �;.�.�. .. •<��- �`'' L 4 � � y.i �, t-. ` 't i� , � .. f i � ..�..��.r>..w�..._..�._�..i..1 �� VAR 4�93-01 Signart for Plywood MN ;'T; �.c{:�� ] �: �"jj c h`�..a �� ) �...e'� ti h'�,�-Mts�4?'� �'_...;a_�.t' h * Jy¢ �. � "f�o t.g r� i.: �. Ll`t(� ��.._ `... _ � � .�� t. � �--r �'�f -�--.. - � � :� % �``"•-.1 R,�� i , ; . `�"'' ^ ) � �� t y � y .- �. t ..r „� S }l: _ , i ; .'6 .� i�" .y, ' 1� \ I � I � i N � � ' � : � J ----�---i ELEVATION CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 �� " --�.....� ��i �� (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM YROPERTY INFORMATION - site plan required for submittal; see attached Address: ��%U( � l� �'� \ ot� (� Property Identification Number (PTN) � 2'✓a '�Y � % r �v U � Legal description: Lf� r' �. ��1 ��1C � �-/,'y!�-�; " P,,��iri�.�r� //��ia,%R i� �� -�nrG � Lot � Block j TracdAddition Current zoning: 1"�" �-� l�:'�� r�.; �,,r,�,r. = Square footage/acreage Z r� ��F 2� 5�� S Reason for variance and hardship: ��.�J�i'�?r/• �r �%�`rF�ti y . ;�,�f �<<1I ,�' G�� lt�� ,�� Ll��,'�i ��1�/?��I��f Section of City Code: �i ��' �'� �fi 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 license ever denied or revoked? Yes No � FEE OWNER NFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) N ADDRESS ,J �� 1`�li/v�t;� J�r T�.,^ Ir�'� • c� 1 -� PHONE fi� �l� !-�3�_ DAT`E J 27 y. NAME �'/�,�ai/�P% ADDRESS �70 .O��.ra .�,D. ��'�/.v�» s�c�G,�✓�s- �i,� -s,si.1 n DAYTIME PHONE �f� ' � �`-S� SIGNATURE , - DATE i 3 Fee: $100.00 ,� $ 60.00 for residential.�rpperties Permit VAR #_ �l3- O( Receipt # �`-� Application received by: o ,.,� Scheduled Appeals Commission date: -e�b 3 Scheduled Ciry Council date: _ 1�`�a�G, I,/q 9J , � � The Minutea of the Board of Appeals Meeting of March 11, 1970 Page 4 3. VAR7ANCE OF SEGTION 56.05, PARAGRAPH 6A, TO INCRFASE THE MAXIMITM ARBA OF A FR$E STANDING IDSATrIFICATT(]N ST(:P7 R'itnM ftn crnenR itAVT mn znn �.,..•np e��..+ it�• a ��-� tU BE LoCATED ON LOT 1, BLOCK 1, GREAT NORTHSRN INDOSTRIAL CENTER-FRIDLEY, THE SAiiE BEING 5401 EAST BIVER RUAD. (REQUBST BY IiAEGELE OUTDOOx ADVERTISING COMPANY, 1700 WEST �8TN STREET, MINNEApOLIS, MINNESOTA,) Mr. Bob Naegele and Mr. Harry Harlameyer were present to preseat the request. Mr. Naegele explained the sign will be located a few feet East of the temporary sign that is up now. It will be a back to back sign and this would be the best location to catch the.view of both the West bound aad East bound traffic. It will be a painted sign with a permanent message. It will be a free standing sign without any guide wires and will be illuminated. The total height of the sign will be 25 feet. He �xplained the sign has been tested for wind pressure and it will with- stand .s0 pounds per square feet. Ahonen asked Mr, Naegele why the sign had to be so large. Mr. Naegele answered that it was partly because of the amount of letters to be put on the sign and to make it readable while driving in freeway Craffic. He added further that Mr. Boahwitz, of Plywood Minnesota, had wanted a sign that told people that he aold plywood and that this was the home of Plywood Minnesota. Chairman Mittelstadt read, to the Board memhers and the applicant, the parts of the Sign Ordinaace that applied in Chis case. MOTION by Miaish to close the public hearing. Seconded by Harris. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Ahonen to table the request to allow the members..to view the size of the signs in the same area. The motion died for lack of a second. MOTION by Minish to recommend to the City Council approval of the request for the following reasons: 1. The number of letters that make up the sign make it difficult to keep the sign within the confines o� the Sign Ordinance. 2. It is located by the freeway and a larger sign is needed to make it easily readable in fast moving tr�ffic. 3. It will be the same size as the "Welcome to Fridley" sign located on University Avenue. 4. The petitioner was made awaXe of the requirements he has to meet ar.�i he agreed to them. � The Miautes of the Board of Appeals Meeting of March 11, 1970 Page S Secoaded by Harria. Upon a voice vote, Minieh, Harris aad Mittelstadt voting aye, Ahanea votiag aay, the motion carried. ADJOUbtI�I� : The meeting was adjourned by Chairman Mittelstadt at 9:15 P.M. Respectfully submitted, � �RY zrrr Secretary 9L , REGULAR COIINCIL MEETING UF MARCH 16, 1970 � P�GE 11 The City Engineer explained that this request is for a variance of frorit yard, rear yard, and lot area requirements. The Board of Appeals recomnended denial. The property is zoned R-3. There was sane land taken fran this pro- perty far the development of I. 694, for the 7th Street underpass. The property is zoned for apartments, but is not big enough for anything but a duplex. Mr�,. R�ogez Axinark, 532.High�ay 100 N.E., said that she and Mrs. William M. Remarke,• 510-Cheri Lane N.E. aaid that they repre�ented saoe of the people who petitioned against the qranting of these variances, as it was felt that the property �eas ta.o. amall for a duplex. ._. .. : �. A Representative of.Twin City ApBrt�►ent Developers�Inc., said.that same of the property was taken for�the street, but they felt that it was still larqe enough for a double bungalow. They felt that because of the proper zaninq, it should be qranted. Councilman Liebl asked �there the people lived that siqned the petition. Mrs. Asmark said that the.�etition was supposed to be submitted to the City Council. The majority of the people live along Cheri Lane. Th�re is an apart�aent building an 7th Street and the residents suffer from this. She said that there are always cars parked there that create problems in the winter. She said that they realize that the property is properly zoned, but felt that this is an example of spot zoninq. She said they.did not feel that there.was enough� property to take care of the people that would be living there. Obviously there is a City Code, and she believed that it should be followed. MOTION by CounciLrian Sheridan to aoncur with the Board of Appeals and deny the request for a double bungalow for the reasons outlined by the Board. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � . A REQUEST FOR A VARIANCE OF SECTION 56.05, PARAGRAPH 6A,.T0 INCREA$E THE MAXIMUM AREA OF A FREE STANDING iDENTIFICATION SIGN FROM 80 SQUARE FEET TO 300 SQUARE FEET (12' X 25') TO BE LaCATED ON LOT.1, BIACK l� GRF�iT NORTHERN INDUSTRIAL CENTER, FRIDLEY,.THE SAME BcING 5401 EA3T RIVER ROAD. (REQUEST BY NAEGELE OUTDOOR ADVERTISING COMPA23}C, 1700 WEST 78TIi STREET, MINNEAPOLIS, MINNESOTA): The City Engineer explained that this sign would be for Plywood.Minnesota. 3e said that it.would be a large sign, about the same size as the "Welcome to Fridley" sign. The Board of Appeals recommended approval of tiie request sub- ject to their requirements. Councilman Liebl asked to see the sign and Mr. Harry Harlaneyer came forward with the rendering of the sign for the Council and the audience to see. He said that it would be a mansard roof and there would be shrubs and flo�ters below the siqn. MOTION by Councilman Harris to approve the request for a sign by Plywood Minnesota, as outlined in the BQard of Appeals Minutes. The motion wns seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Liebl to rec ei�e the Minutes of the Board of Appeals Meeting of March 11, 1970. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. � ( ,` � �,ra �� 9 SIGN � � �� • ��, i`i �� i ► ►�► �,t �� ; March 18, 1970 p�r;. Plywood Minnesota B�d� Naegele Outdoor Adv. Co. �� 5401 East River Road . A�� 70� 0 West 78th Street LOCATION OF BUILDING No. .� O1 S�t XEas t River Road part of Lot _ Lot _.._. ___ Block Corner Lot _.__�.____ Inside Lot Sewer Elevation Addition or Sub-Division Setback � Sideyard � Foundation IIevation N° 10580 DESCRIPTION OF BUILDING To t� v�a �: g � � S i n .._.__ k�ont 2 5 �p� 12 Height Sq. Ft Cu. FL -- �� Front �______ Depth Height .� Sq. F't Cu. FL Type of Construction _�.��.n � Wood _ Est Cost —. �.1, 500. 00 __ To be Completed April 5, 1970 In consideration of the issuance to me of a permit to cons ct the building described above, I a,gree to do the proposed work in aecordance with the description above se orth and in compH with all provisions of ordinances of the city of Fridley. �`�� In consideration of the payment of a fee of $_ 75 • 00 _.._.., permit is hereby granted to-.Naegele Outdoor Adv . -_••--_.•-••.._.._.._..._..____..______.�. to construct the building or addition as described above. 'This permit is granted upon the express condition that the person to whom it is granted and his agents, employees and worl�nen, in all work done ui, around and upon said building, or any part thereof, shall conform in all respects to the ordinances of Fridley, Minnesota regarding location, construction, alteration, maintenance, repair and moving of buildings within the city limits and this permit may be revoked at ar�y time upoa violation of a�y of the provisio�s of said ordinaacea `--� _.. BuildiaBlnspector A1 D. Bagsta NOTICE: ` ihis p�hnit dou not eov�r th� eondruetioa, inst�Mtka fer wkina. PlumWno, yas 6NNao, swvK er wahr. E� aar M sN I, th� BviWiae letp�etor fo� s�pa��h p�emits for fh� h�ms, 9N T--T-a � � ) C- ��.: `<��.Le:f.�" CITY OF FRIDLEY APPEALS COMMISSION ME$TING, FEBRIIARY 16, 1993 wrwrNwtititiw�ti�rNN�V M�+w�MNw�Mwlwww�Mw�NNMMNNwNM�4rNNNMr►wIw�MMMMMNMMNNM�wnMMMMNwV MNtiN CALL TO ORDER• Chairperson Savage called the February 16, 1993, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Members Absent: Others Present: Diane Savage, Larry Kuechle, Ken Vos, Carol Beaul.ieu Cathy Smith Barbara Dacy, Community Development Director Gerry Boschwitz, Plywood Minnesota William Brottland, Signart APPROVAL OF FEBRUARY 2 1993 APPEALS COMMISSION MINUTES• MOTION by Ms. Beaulieu, seconded by Dr. Vos, to approve the February 2, 1993, Appeals Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOQSLY. CONSIDERATION OF VARIANCE REQUEST, VAR #93-01, BY SIGNART FOR PLYWOOD MINNESOTA, INC.: Per Section 214.21.03 of the Fridley Sign Code, to allow the continuance of a variance granted prior to November 21, 1977, to allow the remodeling of a sign on Lot 1, Block l, Great Northern Industrial Center, the same being 5401 East River Road . MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to open the pubiic hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Ms. Dacy stated this property is located south of I-694 and west of Burlington Northern Railroad. The property is zoned M-2, Heavy Industrial, as are all surrounding properties. Located on the property is the Plywood Minnesota business and a 300 square foot "Plywood Minnesota" sign for which a variance was granted in 1970. 9 .r. Ms. Dacy stated the petitioners would like to replace the sign with �r i� a new sign to depict the new name of the company, "Home Valu", and also for an "Open Tonight" sign and an automatic changeable time Q�� ' �.. s-T'.�F: _� a..:� .:aa APPEALS COMMISSION MEETING. FEBRIIARY 16, 1993 PAGE 2 and temperature sign. The petitioners are also processing a special use permit request to a21ow the automatic changeable sign. Ms. Dacy stated_that the Sign Code is very specific in stating that for variances granted prior to November 21, 1977, any time a sign is changed in any way, a variance is required. The intent of the code requirement is to allow the City to enforce a closer compliance to the current Sign Code. Ms. Dacy stated that prior to granting a variance, the Sign Code, Section 214.21.02, outlines four conditions which must be met. A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. Ms. Dacy stated that Plywood Minnesota and adjacent properties enjoy considerable visibility from I-694. Wickes Furniture has a large wall sign on its northwest wall, and Minikahda Mini-Storage has a free-standing sign in the amount of 145 square feet. Staff does not believe there are any unique or exceptional circwastances applying to this particular property. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Ms. Dacy stated that if the variance is denied, the petitioners would still have the ability to have an 80 square foot sign, 25 feet in height, and wall signage according to the wall sign calculations in the Sign Code. C. That the strict application of the Chapter would constitute an unnecessary hardship. Ms. Dacy stated that because other alternatives are available to the petitioners within the code requirements and because other properties in the area are enjoying a similar right, denying the variance would not be creating an unnecessary hardship. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Ms. Dacy stated the existing sign at 300 square feet is one of the ,_ largest signs in the City of Fridley. The �.ntent of the ordinance is to reduce the size of the sign closer to the current Sign Code requirements which is 80 square feet. Ms. Dacy stated that because the four conditions as required in Section 214.21.02 of the Sign Code have not been met, staff is .. APPEALS COMMISSION MEETING. FEBRIIARY 16, 1993 PAGE 3 recommending that the Appeals Commission recommend denial of this variance to the City Council. Ms. Savage asked the size of the Wickes Furniture's wall sign and if Wickes Furniture has a free-standing sign. Ms. Dacy stated she did not know the size of Wickes' wall sign, but she believed it meets the Sign Code�s wall signage calculations. Wickes Furniture does not have a free-standing sign. Mr. Kuechle asked what history the City has for denying variances over the required 80 square foot code requirement. Ms. Dacy stated that regarding these types of signs where variances were granted 15-20 years ago, a lot of the owners of these businesses are now updating and modernizing their signs. For example, a variance was granted to Embers Restaurant in 1991 to reduce their sign from 300 square feet to 120 square feet. In 1990, Minikahda Mini-Storage submitted a variance request to increase their existing sign from 145 square feet to 177.25 square� feet. This request was denied. Menards is currently going through the variance process to upgrade their sign. Mr. Gerry Boschwitz stated he is the President and Chief Executive Officer for Plywood Minnesota. He stated Signart is doing all the Plywood Minnesota signs in the Twin Cities area. They are in the process of changing the name of their company, and that is the real reason for making some changes to the sign. Mr. Boschwitz stated Plywood Minnesota and its sign.have been in this location since 1970. Their corporate headquarters, as well as a retail store and distribution center, for the Twin Cities area are at this location. He stated the problems they have had with this facility is that people do not recognize it as a retail location, because it looks a little like an office building and doesn't identify itself very well as a retaii location. They believed that, in addition to the new name, putting "Open Tonight" on the sign would help people to know that this is a retail location and that it is open to the public. He stated the Wickes' wall sign is enormous and somewhat eclipses Plywood Minnesota, so they want to attract a little more attention to their building and their sign. Mr. Brottland, Signart, stated that because of the way the Plywood Minnesota building is situated on the property, it does not enjoy the advantage for wall signage like the Wickes' building. The Wickes' building faces northwest and so has a better advantage for visibility than the Plywood Minnesota building which faces north. By having a free-standing�pylon �s-igr�;s;��;hey have the ability to get the message out for both eastbound and westbound I-694 traffic. Dr. Vos stated that if the variance is not granted and the petitioners must look 3t a smaller sign, what would they propose to eliminate from the proposed sign? � �� APPEALS COMMISSION MEETING, FEBRIIARY 16, 1993 PAG$ 4 Mr. Boschwitz stated that "Home Valu" and "Open Tonight" are the two main messages they want on the sign. The "Open Tonight" message helps establish this as a retail location. He stated the existing sign was constructed in 1970 by Naegele Sign Company and has remained the same since that time except for repainting the lettering. Ms. Savage stated she would be concerned about whether or not the automatic changeable time and temperature signage might be a traffic hazard. Ms. Dacy stated the Planning Commission will decide the issue on the automatic changeable signage, but Ms. Savage does bring up a good point. Mr. Brottland stated there is a lot of automatic changeable time and temperature signage around the Twin Cities area. There are a lot of these types of signs along I-494, and they do not seem to cause any problems. Time and temperature signage helps motorist gauge their commuting time at different locations. Dr. Vos asked the height of the existinq pylon. Mr. Brottland stated he believed the sign is within the 25 foot height code requirement. Mr. Boschwitz stated that as a retailer, signage is very important. The right signage will make a real difference on the impact of their location and how their business continues. He stated they really appreciate the Commission's time and consideration of this variance request. Mr. Brottland stated that when a company is making a name change, it is very hard to make that transition unless the company presents itself well with signage. MOTION by Mr. Kuechle, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON SAPAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CL03ED AT 7:58 P.M. Dr. Vos stated that the location of Plywood Minnesota has several unique hardships: (1) It is located at the end of a road; (2) It is difficult to know how to get to it; and (3) It is really visible only from eastbound_traffic on I-694, and traffic is moving very fast. However, be believed a 300 square foot sign is too large. He would recommend denial of aavariance to 300 square feet but would be willing to consider something more reasonable. Ms. Beaulieu stated that two weeks ago, the Appeals Commission recommended denial of a sign variance for Menards to 189 square feet. Visual pollution of signs is of more concern now than it was � �, 1 APPEALS COMMISSION MEETING, FEBRIIARY 16, 1993 PAGB 5 when these variances were granted in 1970. She stated that maybe some of the signage, such as "Open Tonight" could be put on the building. She stated the petitioners have not met the four conditions in the Sign Code that are needed before a variance can be granted. She stated a variance was granted to Embers, but they had made a sizeable reduction in their sign from 400 square feet to 120 square feet. She stated she believed a variance could be granted but not at 300 square feet. She would also recommend denial of the sign variance as proposed. Ms. Savage stated she would also recommend denial of the variance request. She stated the Commission unanimously recommended denial of a similar sign variance request from Menards two weeks ago. Ms. Savage agreed that the hardships brought up by Dr. Vos are possible reasons for granting a variance larger than the required 80 square feet; however, the Commission is also concerned about environmental and visual pollution, and those are factors which they must take into account when granting variances. She stated that, in her opinion, 300 square feet is not feasible and would not be consistent with what the Commission has done in the past. She stated she hoped that the petitioners could reduce the sign and come back with a more reas�nable variance request. Mr. Kuechle stated he agreed with the other Commission members. He failed to see much difference between a wall sign and a free- standing sign. Some buildings don't have the opportunity for wall signage such as Plywood Minnesota because of the angle at which the building is located. Wickes' wall sign is very large. In looking at Wickes' wall sign and Plywood Minnesota's free-standing sign, there is no doubt which sign is more obtrusive. There is also a big difference on the�height of the buildings. Wickes is much higher than Plywood Minnesota. Mr. Kuechle stated that from his point of view as both a citizen of Fridley and a member of the Appeals Coinmission, if the City grants a sign variance to Plywood Minnesota for a 300 square foot sign, then it will be very difficult to deny a similar variance to another business. Ms. Dacy stated that if the petitioners decide to reduce the size of the sign, did the Appeals Commission want the request to come back to the Commission for recommended action; or, if the Commission denies the request at this meeting and the petitioners reduce the size of the sign before the Council meeting, was the Commission comfortable with letting the Council make the final decision without a recommendation from the Commission? Dr. Vos stated he realized that 80 square feet is probably not a realistic size for this sign, but what would the petitioners propose? Mr. Boschwitz stated he believed they would be willing to look at the plans again and revise the size of the sign based on the 9S APPEALS COMMISSION MEETING, FEBRIIARY 16, 1993 PAGE 6 Commission's discussion. He stated they also had not considered a wall sign, and that might be a possibility. A wall sign and a reduced pylon sign might be abZe to meet their needs and come closer to the code requirements. Ms. Savage stated she liked the idea of having this variance request come back to the Commission. Mr. Brottland stated they have already appiied for a temporary banner for the pylon sign. Is it possible that the Council could extend the length of time the banner can be displayed since it will take a little longer to reach a resolution on the new signage? Ms. Dacy stated that only the Council has the authority to grant a time extension. Mr. Kuechle stated it seems like a reasonable request. Ms. Dacy stated that maybe the petitioners can request an extension of time from the Council at its March 1, 1993, meeting. MoTION by Ms. Beaulieu, seconded by Mr. Kuechle, to table variance request, VAR #93-01, by Signart for Plywood Minnesota until the March 2, 1993, meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT- MOTION by Dr. Vos, seconded by Ms. Beaulieu, to adjourn the meeting. Upan a voice vote, alZ voting aye, Chairperson Savage declared the motion carried and the February 16, 1993, Appeals Commission meeting adjourned at 8:20 p.m. Respectfully sub 'tted, t-�L�� L"y Saba Recc�ding Secretary 9T CITY OF FRIrLEY APPEALS COMMISSION MEETING, MARCH 2� 1993 ��.....��......��....,.�.r...�...�.��«�w�� CALL TO ORDER• Chairperson Savage called the March 2, 1993, Appeals Commission meeting to order at 8:00 p.m. ROLL CALL' Members Present: Diane Savage, Larry Kuechle, Cathy Smith, Ken Vos, Carol Beaulieu Members Absent: None Others Present: Michele McPherson, Planning Assistant Gerry Boschwitz, Home Valu Bill Brottland, Signart APPROVAL OF FEBRUARY 16, 1993, APPEALS COMMISSION MINUTES� MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to approve the February 16, 1993, Appeals Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, C$AIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOIISLY. 1. (Tabled February 16, 1993) CONSIDERATION OF VARIANCE RE4UEST VAR #93-01, BY SIGNART FOR HOME VALU• Per Section 214.21.03 of the Fridley Sign Code, to allow the continuance of a variance granted prior to November 21, 1977, to allow the remodeling of a sign on Lot 1, Block 1, Great Northern Industrial Center, the same being 5401 East River Road MOTION by Ms. Beaulieu, seconded by Ms. Smith, to remove this item from the table. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOIISLY. MoTION by Ms. Smith, seconded by Dr. Vos, to reopen the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING REOPENED AT 8:02 P.M. 9U APPEALS COMMISSION MEETING. MARCH 2, 1993 PAG$ 2 Ms. McPherson stated that at the last meeting, the Commission had requested that staff provide them with some more information on Minikahda Mini-Storage's sign and the amount of wall signage for Wickes. Minutes of the 1985 variance for Minikahda Mini-Storage were included with the agenda. - Ms. McPherson stated that at the time the sign permit was issued for the Wickes Furniture facility, the northwest wall had approximately 1,447 square feet in wall signage. That included a second lettering band at the bottom of the sign with additional text which no longer exists. The total square footage of wall signage along the southwest wall is 396 square feet. Ms. McPherson stated the petitioners have submitted a revised site plan. The revised sign totals 186.25 square feet, 140 square feet for "Home Valu", 32.75 square feet for public service (time and temperature), and 13.5 square feet for "Open Tonite". The petitioners propose to use the existing structure of the sign to support the new signage. Ms. McPherson stated staff is still recommending that the Appeals Commission recommend denial of the variance request. While the petitioner has substantially reduced the amount of signage, the four conditions in the Sign Code have still not been met by the new proposal. Ms. Savage asked about the variance for Minikahda Mini-Storage that was denied by the Council in 1990. Ms. McPherson stated that Minikahda Mini-Storage wanted to add approximately 24 square feet to their present sign. She believed that signage was to provide directions to the facility via East River Road. Ms. Savage stated that in the 1985, the Council approved a variance from 80 square feet to 133 square feet for Minikahda Mini-Storage. How did this 133 square feet get to the existing 145 square feet? Ms. McPherson stated that based on the calculations submitted by the petitioner from the 1990 variance request, the square footage was 145 square feet. She had no answer to Ms. Savage's question as to why a larger sign was installed. Mr. Gerry Boschwitz stated that they have taken a hard look at their existing sign. He stated the existing sign is about 300 square feet, so they are cutting the amount of square footage almost in half. He stated the Wickes signage rather eclipses them because it is such a huge sign. As a retailer next door, they would like their sign to stick out as much as is reasonable. They are hoping that by compromising and making the sign smaller that this would be in keeping with the wishes of the Appeals Commission. 9V APPEALS COMMISSION MEETING, MARCH 2, 1993 PAGE 3 Mr. Brottland stated that as the sign vendor, they looked at the Minikahda Mini-Storage sign (145 square feet) and geared the main part of the "Home Valu" sign at 140 square feet to comply more with the Minikahda sign. Then, they added the public service part of the sign (32.75 square feetj and the "Open Tonite" text (13.5� square feet), which would not be so much a part of the actual square footage of the "Home Valu" sign in order to comply more with the neighboring Minikahda Mini-Storage sign. They feel the "Open Tonite" part of the sign is important in identifying this as retail business. Ms. Smith asked why the public service (time and temperature) is so important to the petitioners. Mr. Boschwitz stated that the idea of the time and temperature sign is to draw a little more attention to their business. Many people do not realize this is a retail store. Dr. Vos asked if there are any other changeable signs in Fridley. Ms. McPherson stated Menards has a changeable sign, but the message can only change once every 15 minutes. TCF Banks has a time and temperature sign. Mr. Brottland stated the time and temperature signs do serve as a public service, and they do not appear to be a traffic hazard. From a sign company's point of view, the time and temperature signs are an advantage to the retailer because commuters can gauge their traveling time by the time and temperature signs at different businesses. He stated it is also very scary and risky to change a company name. It is important to do anything they can to attract the public to this retail business, and that is the main reason for the "Open Tonite" portion of the sign. Mr. Brottland stated that at the last meeting, it was suggested that they explore the use of wall signage. He stated there are some mature trees that really prohibit the visibility of any wall signage, and those trees are not on Home Valu property. MOTION by Mr. Kuechle, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED TIiE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:20 P.M. Mr. Kuechle stated he is still troubled by the fact that the_sign is still very large at 186 square feet. However, he also recognizes that wall signage is not a very good option. Home Value is somewhat dwarfed by the Wickes sign. He stated he still fails to see the real difference between wall signs and pylon signs. The sign as proposed is aesthetically pleasing. It is simple without any clutter. He can see the marketinq strategy that the time and 9W APPEALS COMMISSION MEETING. MARC$ 2, 1993 PAGE 4 temperature signage is a way of getting people to remember the Home Valu location. He stated that he would recommend approval of the variance. Ms. Beaulieu asked if the Commission could recommend approval of the variance to 186.25 square feet, but stipulate that 32.75 square feet is for public service signage only. If they approved only the 186.25 square feet, then the petitioners would not be restricted on the si2e of the main portion af the sign. Ms. McPherson stated that if the Commission is concerned about the overall size of the identification portion of the sign and are not opposed to the 186.25 square feet as long as 32 square feet are devoted to the public service portion, if the Commission does not stipulate that, then there is nothing to prevent the petitioners from changing the size of the identification portion of the sign. Ms. Smith stated she would vote to recommend approval with the stipulation as suggested by Ms. Beaulieu. If the public service portion is not approved by the Planning Commission and City Council, then the sign is limited to 153.5 square feet. She stated there is a hardship with this request, and it has to do with the lack of visibility to I-694. It is a different situation than businesses located along Central Avenue, for example. Ms. Savage stated she believed an argument can be made for a hardship for a larger sign, but she cannot agree to 186.25 square feet. She believed the Commission will be setting a dangerous precedent for more sign variance requests. She could recommend approval of a variance to a total of 153.25 square feet or 140 square feet, but not 186.25 square feet. She stated she is also concerned about the tim� and temperature portion of the sign. She did think it could be a traffic hazard, and she did not see the necessity for having a time and temperature signs visible from freeways. Tt is more billboard-type pollution. She would recommend denial of the variance as requested. Ms. Beaulieu stated she does share Ms. Savage's concern about setting a preeedent. However, if they stipulate that the sign is 186.25 square feet only if 32.75 square feet of the sign is For public service. That way they get away from setting a precedent and are not allowing 186.25 square feet for the "Home Valu" portion of the sign. She would vote in favor of the variance with that stipulation. Dr. Vos stated that at the last meeting he had listed a couple of hardships: (1) The business is located at the end of a road; (2) Access to the business is difficult; and (3) Visibility is limited, both eastbound and westbound. He stated he would be in favor of recommending approval to allow 153.25 square feet for the Home Valu portion of the sign, with 32.75 square feet for the public service portion. That way, if the Planninq Commission recommends denial 9X APPEALS COMMIS3ION MEETING, MA.RCH 2, 1993 PAGE 5 of the special use permit for the changeable sign on March 10, then the Appeals Commission has the recommendation for 153.25 square feet that will go on to Council. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend to City Council approval of variance request, VAR �93-01, by Signart for Home Valu per Section 214.21.03 of the Fridley Sign Code, to allow the confiinuance of a variance granted prior to November 21, 1977, to allow the remodeling of a sign on Lot 1, Block 1, Great Northern Industrial Center, the same being 5401 East River Road N.E., with the following condition: 1. Of the total square footage, 153.5 square feet shall be for the identification of "Home Valu" and "Open Tonite". The time and temperature sign shall be 32.75 square feet. OPON A VOICE VOTE, SAVA6E VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED BY A VOTE�OF 4-1. 2. MEETING WITH THE CITY COUNCIL: Ms. McPherson stated the City Council has told staff that they would like to meet with the advisory commissions regarding their respective goals and objectives`siuring 1993. Barbara Dacy, Community Development Director, has asked staff to suggest some meeting dates for Council to begin meeting with the advisory commissions. She hopes the Council can meet with the Commission by the end of May. Ms. McPherson asked the Commission members if there were any issues they would like to discuss with the CoYamission. Ms. Smith stated she would like to discuss the whole sign variance issue since they seem to be getting so many sign variances. She would also like to know how many sign variances the Commission has recommended denial and the Council has approved. Should the Council be taking a look at the 80 square foot limit? Ms. McPherson stated that there is a provision in the Sign Code, Section 214.21.03 that limits the length of variances that were granted prior to 1977. The Council has been stipulating those same conditions on sign variances. The Commission could see an increase in variance reguests for signs that were granted variances in the last three years. Dr. Vos stated that is also a concern. Ms. Savage stated she feels strongly about signs, and she would not be in favor of a sign increase. If they want to explore the whole issue, she would also like to know what other cities are doing as far as signage and sign variances. 9Y APPEALS COMMISSION MEETING. MARCH 2, 1993 PAGE 6 Ms. Smith stated she would be curious about whether other communities have differences_ on sizes of signs that are going to be on a freeway as opposed to a smaller collector street. � Ms. McPherson stated staff can do same research on this. She stated she would also make copies of Section 214.21.03 for the Commission members. ADJOURNMENT: MOTION by Ms. Smith, seconded by Mr. Kuechle, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Savage declared the motion carried and the March 2, 1993, Appeals Commission meeting adjourned at 8:45 p.m. Re�spectfully su mitted, ��r -,�.t. �!. -l�t�±�'t� Lyn�e� �aba c Reco;�ding Secretary 9Z � � � � DATE: TO: FROM: SUBJECT: Community De�elopment Department PLASINING DIVISION City of Fridley -April 1, 1993 �� . William Burns, City Manager�. Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit Request, SP #93-02, by SignArt for Plywood Minnesota; 5401 East River Road N.E. The Planning Commission voted unanimously to recommend approval to the City Council of the request to allow an automatic changeable sign. Approval of th.e special use permit was recommended to be contingent upon approval of the variance request, VAR #93-01. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-93-165 �� STAFF REPt7RT � Community Deveiopment Department Appeals Commission Date Planning Commission Date : March 10, 1993 City Council Date ; April 5, 1993 REQUEST ' Permit Number I Applicant I Proposed ' Request I Location SITE DATA Size Density Present Zoning i �', Present Land Use(s) I�� Adjacent �� Zoning I Adjacent Land Use(s) � Utilities Park Dedication � Watershed District ANALYSIS Financial I mplications Caniarmance to the Comprehensive Plan Compatibili#y with Adjacent Zoning and Uses Environmental I Considerations i RECOMII�NDATION � Staff Appeals Commission Planning Commission Author MM/dn SP ��93-02 � Sign Art for Plywood Minnesota, dba Home Value To allow an automatic changeabie sign 5401 East River Road N.E. 217,802 square feet M-2, Heavy Industrial Office/warehouse/showroom M-2, Heavy industrial on all sides Indiistrial Six Cities See staff recommendation Approval 1: � SP ��93-02 Sign Art for Plywood MN 1oc LOCATlON MAP Staff Report SP #93-02, by Signart for Plywood Minnesota Page 2 Reguest The petitioner requests that a�p�acial use permit be issued; t;ap allow an automatic changeabl� sign. The sign would be used to display time and temperature on the subject parcel. The request is for Lot 1, Block 1, Great Northern Industrial Center, the same being 5401 East River Road N.E. Site The property is located south of I-694 and adjacent to the Burlington Northern tracks. Located on the property is a single story office/showroom/warehouse facility. The property is zoned M-2, Heavy Industrial, as are all surrounding properties. Analysis In addition to the request for an automatic changeable sign, the petitioner is currently processing a variance request to allow a variance granted prior to November 21, 1977 to remain in effect to allow the remodeling of an existing sign. The variance was reviewed by the Appeals Commission, at their February 16, 1993 meeting, and the Commission tabled the request pending the petitioner's reduction of the sign from 300 square feet. The Appeals Commission, at their March 2, 1993 meeting, reviewed the variance request to allow a sign of 186.25 square feet. Of the total square footage requested, 32.5 square feet would be dedicated to a public service sign displaying the time and temperature. The Appeals Commission recommended that the City Council approve this variance to 186.25 square feet. Section 214.07.01 of the Fridley City Code allows automatic changeable signs in all districts except for residential districts with a special use permit. Two conditions are required to be met: A. Conformance to the sign requirements within that district. B. The message shall not change more than once every 15 minutes except for a sign displaying time, temperature, and/or date. As proposed, the automatic changeable sign can meet the requirements of both provisions (the s'ign itself is 32.5 square feet, 80 square feet is permitted. The special use permit, however, should not be issued if the variance is not granted as the overall sign would not conform to the sign requirements in the M-2, Heavy Industrial district. t �� 5taff Report SP #93-02, by Signart for Plywood Minnesota Page 3 Recommendation Staff recommends that the Planning Commission recommend approval of the special use permit request contingent upon approval of the variance request, VAR #93-01. Planning Commission Action � The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. 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FRIDLEY, MN 55432 . � .;: , . . <, ,� . - -, «�.� � `� , � :<... � =� � : � � (612) 571-3450 COMMUNITY"�'DEVEI:OPMENTt'DEPARTMENT � :` ' s ° �:,� � . . ! ` sL k; n .,z o , ' . � r � � 4 ;"� M � � � � �' � �� a .. . � � ... ;l': � � � �� ..� �i� 2,L `� .' .a. i; ,'w . .;. '1 ; E � . _ ., SPECIAL USE PERIVIIT APPLI!CATI4N.�FORM �? �s�`� '�� . . � .: L ti �' . � .;_. �.. . .. �p � ,° ,.� t � : �•: . ..�. . . . _ . PROPERTY INFORMA ION - site plan required for submittal; see atta.ched�� 4,�.F::�.- ,. j�. � Address: ��OI � . �i �2U� Qa fi- O � �;. _ Property Identification 1Vumber (PIN) �Z � �� Z� ' �f v� ' �00 Legal description; �T j . �c e� ( . �r',r�r /��►n/�n n( IN�us�� A — -F�, o�� Y Lot � Block � TracdAddition Current zoning: Ill-,Z �.�� rv(J�-n�aL Squaze footage/acreage ��.� ��.��'Z Reason for special use permit l��lYl o� i ��c �d f'I/1(�(-f �7 (r11 �� GiiA� `� � ��►� i�r�,� A-i �: n��M � Section of City Code: � Gl�i ��f.�= Zl y. 07.01 Have you operated a business in a ciry which required a business license? �sg�'�ic. C4'��'-�- Yes No _�_ If yes, which city? ��v f�' �� 2 Y¢� �/� �� y� �-�,� . If yes, what type of business� Was that license ever denied or revoked? Yes No � FEE OWNER INFORMATTON (as it appears on the property title) (Cont�act Purchasers: Fee Owners must sign this form prior to processing) NAME f G�Gt)OOn ��r�v� �Tff- /�V c- ADD SIGNATURE � • 9'�r �'�� o�f� �/1r �L.�,� S'f'IZ I -t aq � DAYTIME PHONE � �'-Z� � � DATE � �� ` ' NAME s/��✓ /�/�% ADDRESS _ �/�b ,(.X.�.lJ,C7 .�,[� , .�i�.0o�� /�ci��7_s" ,�i✓ �S'S'.4�� DAYTIME PHONE 18 - �� 3 SIGNATURE DATE i Fee: $200.00 _ $100.00 for residenriai 2nd accessory buiidings Permit SP # — eceipt # �� Application received by: Scheduled Planning Commission date: 1'�la �� /(7 _! 4`i 3 Scheduled City Council date: �, �(.� /� 43 F 10H � _ � � Community Development Department PLANNING DIVISION City of Fridley DATE: April 1, 1993 �' TO: William Burns, City Manager :''�� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Resolution Approving a Lot Split Request, L.S. #93-02, by Mildred King; 71 - 63 1/2 Way N.E. The Planning Commission voted unanimously to recommend approval to the City Council of the request to create two single family lots with the following stipulation: 1. A park dedication fee of $750.00 shall be paid at the issuance of a building permit for Parcel B. The Planning Commission also acknowledged in its motion that Parcel B does not meet the minimum Zot width :requirement of 75 feet; it is 74 feet wide. The split was created'in this manner to have the existing dwelling unit located on Parcel A conform to the side yard setback requirement of 10 feet. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-93-166 RESOLUTION NO. - 1993 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #93-02, TO CREATE TWO SEPARATE PARCELS, PARCEL A AND PARCEL B, GENERALLY LOCATED AT 71 - 63 1/2 WAY �N.E. WHEREAS, the City Council approved a lot split at the , 1993 meeting; and stipulations attached as E�chibit A; and WHEREAS, such approval was to create two separate parcels, Parcel A and Parcel B, described as follows: Parcel A: All of Lots 19 and 20, and the west 6.00 fest of Lot 21, Block 15, Fridley Park. . Parcel B: All of Lot 22 and that part of Lot 21 lying easterly of the west 6.00 feet thereof, Block 15, Fridley Park. This property is generally located at 71 - 63 1/2 Way N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create a two separate parcels, Parcel A and Parcel B, generally located at 71 - 63 1/2 Way N.E. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 11A EXHIBIT A Resolution No. - Z993 1. A park dedication fee of $750.00 shall be paid at the issuance of a building permit for Parcel B. ��B REQUEST � Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning � Present Land Use(s) I Adjacent I Zoning ! Adjacent Land Use(s) �' Utilities ' Park Dedication Watershed District i ANALYSIS Financiallmplications i Conformance to the Comprehensive P1an Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMIVIENDATION Staff Appeals Commission Planning Commission Author �/dn �TAFF REP4RT Community Development Department a Appeals Commission Date Planning Commission Date : March 10, 1993 City Council Date: April 5, 1993 L.S. �93-02 Mildred King To create two single family lots 71 - 63 1/2 Way N.E. 20,170 square feet R-1, Single Family Dwelling Single family R-1, Single Family Dwelling on all sides Single family Water/sewer available to Lot 2t $750.00/lot Six Cities Approval. with stipulations Approval with stipulations L.S. �93-02 Mildred King •^- /or.3o. _ . s as i, .> .'+.::Ctr i o� .. . � t � � Y \ • �j . � �� , f 1'i, � 9%i �7 . �' . ... . 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" "' � �f� � C3� (E� �� 5 ,� �'�� 4 . ` ; A .. �d 9 8 � � s f � .g / �6�:' M1' � �% � � � i/� :� s, � � 1 � . :v' � � . � . � �, � � �:.,�• Ear ii k•�� , ` � � ` � • �7i�c ~ �'� .: -- 3 � ,..: • "��'• k • �r �1i (e� � (f ��°� v �' { . � � � � � J '" � /�! S /6 /7 / 1 , ,20 � � �: :•'-- "�', ^ . s_: ,lj `� \ . ,,' a . a \ t k, .f+ .. 40 as , �yi A iJfe �'�.�'..i r. .fl � (.. �� Y � ' �t � ...��'n _ _ 1(�1�1�_._' ; ' _ WAY e 'Zti 1-� ti !i � ...� 1 1% - - •:��, !�. -•� -- �� -�f a �� i f_� � � � �� , .... � ( . w : � 3A��) ,.i � � � zB �� • � zQ�'�.� S � : k �i�� fi �� : f�". `�l , �4 `` �.�, �f� �, ` �,' 1 � : �� ; � ' I t (s) � �� g� �: � .v ' �5 � ��. � ;: .�C�;.� � '� i i a �4�)� ,� .s, i 0 } � Q �4�� .,, I � o-- o . , : �O � �• � / a i !I �) : .� Y n (� . ;� ' �t �� S .� . �� . __ .,� . 11D LOCATION MAP i ; � � 4 � '�9 I I j, . I . � 10A j • I I 1 � � �< . � I � �� • �, � S I 11 ! , \ ',` �e � 1 . I � � \ ,� � \ , ■', � i I � i i 1 �` 1, , �I ,,� �� ,' I � i ' % /� � 1 � .0 / . � _�. R 1 V r->. E 6 �_ A � L . S . �� 93-02 Mildred King I � � GI ._� , . 1 � � o � ii / iz �� ¢� a � I� � 1 � � 3 . � 9 � � /e S ' � u � 11 E ZONING MAP StafF Report L.S. #93-02, Page 2 Request by Mildred King The petitioner requests that a lot split be granted to create single family lots. The request is for Lots 19-22, Bloak Fridley Park and is generally located at 71 - 63 1/2 Way N.E. Site two 15, Located on the property is a single family dwelling unit and a three stall garage. The property is zoned R-1, Single Family Dwelling, as are the adjacent parcels. Analvsis The lot split would create two single family lots, 74' x 126' and s6' x 126'. There is adequate width (160 feetj to allow the division of the lots along an existing lot line, however, the location of the existing house prevents such a split from. occurring. The existing dwelling unit is located four feet from the lot line between Lots 20 and 21. The proposed lot split will insure that the existing dwelling unit is in conformance with the side yard setback requirement of ten feet. If the lot split is approved, the Commission in its motion to approve will need to acknowledge that a variance is being granted through the approval process. This action is permitted by and should conform to Section 211.05 of the City Code, "Subdivisions". The lots meet the minimum lot area requirement of 9,OQ0 square feet. There are no outstanding special assessments on the subject parcel. Two water and sewer services were paid for when the house was originally built. Water and sewer services are provided to Lots 20 and 21. This insures that proper water and sewer is available to the vacant parcel. A park fee of $750.00 will be required to be paid at the issuance of a building permit for the vacant lot. Recommendation As the proposed lot split creates two lots which conform to the minimum lot area requirements with a minor encroachment to the lot width, staff recommends that the Planning Commission recommend approval of the lot split request to the City Gouncil. The Commission's approval should acknowledge that -Parcel B daes not meet the minimum lot width requirement of 75 feet. Staff recommends the following stipulation: 1. A park dedication fee of $750.00 shall be paid at the issuance of a building permit for Parcel B. 11F Staff Report L.S. #93-02, by Mildred King Page 3 Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City'Council as recommended by staff. Citv Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 11G � JF�td-�'?-1553 1E�59 FR0f�1 Kurth �urUr�ing TO V�JW ! J'rJ. L.S. ��93-OZ Mildred King �. V� CERTIFiCAT�� aF SURVEY = FOR M�Ml�-��.�� N�� - : KURTH SURVEYING INC. IMEREbT CERTIFY, TMnT TMIS SuqVEY.PLAN�OA REPOflT WA9 AAEPAREO ao02 �EfFERSON STREET N.E. dTME OR YH�ER MTOIRLCT StIPERY1S10N wanTH�T t wM � Du�Y •• COLUMOlA HEIGHTS MtNNESOYA SSa2! EA HE Lw�O 5 V unOE � ME LwwS Of TME STATC Of MIhKESOTA. 612�76b-9T69 aAT� ��2"� �'i) �' " • SCALE 1"� �Q� M NN6SOTA REGISTRA7101V N0�2OZ�IO � • O�IRON MONUMENT • �tY..` Ai..�..�.�( �1•SCME.I.t.'�C `uN�MPAOY�.p� _�� - •--•.�- ._..---- _,..."". , ' � ? ' l � � �. J � a O �� r �� '` ' / � � ` � ♦ �/ � �� 1 � � �� \ / I �� ,0�` S. \ �'' ' I \ , � / �.�....� :�. \\ �\\C\': � �'.`:�.C:ti/ � . . \ '-1 O .'� � . � . , r• �• W � _ _ .c�: � _ 0 C� �-�� .� �. _ �- ' � z � ��..:,.:.:�,: . _..�. v . . ...� -:� , . � - ,� �-, � � � 7 . 4 � � ..: � N '� ( ' / \/�f'�� 'r', /� v h� � x , , WY Q ,.-�r—�— � -�C - ' J x , �`v. 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EXTSTING LEGAL DESCF�IPTiOI� � : Lots 19, 20, 21, and 22, B�ock 15, Fridley,Park, Anoka C�unty, Minnesota. .� � PROPOSED PARCEL A � , All of Lots 19 and 20, and tiLe wes� 6.00 feet of Lot 21,.Block 15, Fridley � Park, Anoka County, MInnesota. PROPOS�D PARCEL B � �. All oi Lot 22 and that part of Lot 21 lying.easterly of the Nest 6.00 feet thereof, Block 15, Fridley Park, Anoka County, Minnesota. • � . 11H �� T� iT.'li P ,-�^� �`i'. - CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRID►LEY, MN 55432 �� (612) 571-3450 COMMiJNITY DEVELOPMENT DEPARTMENT LOT SPLIT APPLICATION FORM �'ROPERTY INFORMATIOI'�1- site plan required for submittal; see attached Address: _ _�/ -- C 3 �a �cl a-� % _ �' � Property Identification Number (PIN) /5� :3 6 v`� S� '� 4 Q� O Legal description: �,� � � � �/J 9r--� �, ,�� / 5', �� ,� �� Lot �o i ' �-Z Block j5` TractlAddition ��-u �'�L- .� , Current zoning: �� Square footagelacreage �� 11 �c' f�G =�.'�� C�'-t,�i• Reason for lot split: ��,e ,�,.�_h� �.� � i�e�� _.,._dQ T � �- �� ;.�� ` -�a �-'�e�2 -�i9-1 C'�- �- �r�t/3�r r��o . Have you operated a business in a city which`�equired a business license? Yes No X 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: 1 NAME � , ` ,�.,E ADDRESS 7�- �a � SIGNATURE Owners L!�/ sign this form prior to processing) PETITIONER INFORMATION NAME %�,c��•�, %%�. al�., s ADDRESS ? ( - (,y 3 `� SIGNATURE �I� i Fee: $100.00 Peimit L.S. # �?`o;� _ Application received by: rt(. �l.(� �. Scheduled Planning Commission date: Scheduled City Council date: . �. DAYTIME PHONE � - _ DATE .�I DAYTIME PHONE I'�o �;� �� _ __ _ DATE i�/rir✓'�i / ? � `� Receipt # v��3 �c 1�1 r � � � DATE: TO: FROM: SUBJECT: Community Development Department PI,ANNING DIYISION City of Fridley March 31, 1993 William Burns, City Manager 1 • . �' Barbara Daey��ommunity Development Director Lisa Campbel �lanning Associate . , Consideration of 1993-1995 Recycling Services Agreement with Super Cycle, Inc. Attached please find a copy of the Recycling Services Agreement for Council consideration and approval. Significant features of the Agreement include: 1. The addition of magazines and catalogs to acceptable materials for collection. 2. Effective June 1, 1993, the.addition of, 727 multi-unit dwellings to the Recycling Services contract. 3. The contractor will provide a curbside recycling brochure. 4. The addition of a penalty clause that imposes fines for missed pick-ups, missed blocks, throwing containers, failure to complete collection, and failure to complete at least 50% of a collection district. Penalties range from $25 to $2,500. Contract Costs Staff estimates the 24 month contract costs associated with the Recycling Services Agreement to be roughly $300,000. The exact contract costs will depend on the number of multi-units serviced under the City contract. The estimated combined S.W.A.P. and S.C.O.R.E. revenue for the same period is roughly $327,000. Recommendation The Agreement has been reviewed and approved by Super Cycle, Inc., and the City Attorney. Staff recommends that Council approve the Agreement and authorize both the Mayor and City staff to execute the Agreement. LC:ls M-93-153 AGREEMENT FOR RECYCLING COLLECTION This Agreement is made on day of , 1993, between , , ( "City" ) and Contractor. WHEREAS, the Contractor is in the business of collecting recyclables. WFiEREAS, the City desires the Contractor to pick up recyclables throughout the City's muriicipal limits in accordance with the terms of this Agreement. NOW, THEREFORE, the parties, intending to be legally bound, agree as follows: 1. Contractor/Citv Requirements. This Agreement defines the requirements of the City of Fridley's Comprehensive Recycling Program to all Certified Residential Single Family Households and Multi-Unit Households Up to and Including Twelve Units. The City has identified 7,813 Residential Dwelling Units, defined as 1-4 unit buildings. The City has identified 727 Multi-Unit Dwellings, defined as 5-12 unit buildings. These units will be serviced as specified herein. Additional Multi-Unit Dwellings may be certified by the City for service under this Agreement. Further, the Contractor shall provide collection services to the Fridley Municipal Center and Fridley's six public schools, including North Park Elementary, Fridley High School, Fridley Middle School, Hayes Elementary, R.L. Stevenson Elementary, and Woodcrest Elementary, as specified herein. 2. Compensation to Contractor. The City agrees to pay Contractor for services specified herein. 3. Method of Pavment. The Contractor shall submit itemized bills as specified in Exhibit A to the City on a monthly basis. Bills so submitted shall be paid within thirty (30) days of receipt by City of a bill. 4. Disposal of Recvclables. The Contractor shall use its best efforts to assure that all recyclables collected in the City are not placed in landfills or incinerated and are distributed to the appropriate markets for reuse. If any recyclables are landfilled or incinerated, the Contractor shall report that fact within 24 hours of the occurrence. Notification will include the types and amounts of material landfilled or incinerated and the steps being taken by the Contractor to avoid future landfill or incineration. Contractor shall at all times be under a duty to minimize recyclables ending up in landfills or incineration, and, in consultation with the City, at all times attempt to find the lowest method of disposal. 12A AGREEMBNT FOR RECYCLINQ SERVICES PAGE 2 If the Contractor determines that there is no market for a particular recyclable, or that the market is economically unfeasible, it shall immediately give written notice to the City. Said notice shall include information concerning the efforts made by the Contractor to find market sources, and financial information justifying the conclusion that the market is economically unfeasible. Upon receipt of said notice, the Contractor and the City shall have 30 days to attempt to find a feasible market. During said 30 days, the Contractor shall continue to pick up the particular recyclable and shall be responsible for a transfer and disposal costs. If the Contractor or the City is not successful in finding a feasible market within 30 days, the City has the option to: (1) Require the Contractor to continue to collect the particular recyclable. In such case, the City would pay the Contractor, as additional compensation, the tipping fee at the Elk River RDF plant or a mutually agreeable alternative site. The Contractor is required to keep accurate records of said fees and provide the City with evidence of total payments. (2) Notify the Contractor to cease collecting the particular recyclable until a feasible market is located, either by the Contractor or by the City. If the City riotifies the Contractor to cease collecting a particular recyclable, the parties shall immediately meet to renegotiate the fee payable to the Contractor. In the event that the parties disagree on the question of whether there is a market for a particular recyclable or whether the market is economically feasible, the disagreement shall be submitted to non-binding arbitration. In this case, each party shall name an arbitrator, and the two shall select a third person to serve as the chairperson of the arbitration panel. The arbitration panel shall meet and decide said question within 30 days of their appointment. 5. Collection Vehicle Eguipment Requirements. Each collection vehicle shall be equipped with the following: a. a two-way radio b. a first aid kit c. an approved 2AloBC Dry Chemical Fire Extinguisher d. warning flashers e. warning alarms to indicate movement in reverse f. signs on the rear of the vehicle which state "This Vehicle Makes Frequent Stops" 12B AGREEMENT FOR RECYCLING BERVICEB PAGB 3 g. a broom and a shovel for cleaning up spills Al1 of the required equipment must be in proper working order. All vehicles must be maintained in proper working order and be as clean and free from odors as possible. All vehicles must be clearly identified on both sides with Contractor's name and telephone number. 6. Personnel Requirements. The Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. Contractor's personnel shall: a. Conduct themselves at all times in a courteous manner. b. Make a concerted effort to have at all times a presentable appearance and attitude. c. Perform their work in a neat and quiet manner, clean up all recyclables spilled in collection and hauling operations. d. Avoid damage to property. e. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. f. Handle containers by picking�them up, emptying their contents into the collection vehicle, and place, not throw, the container back in its original location. 7. Publicityf Promotion, and Education. The Contractor shall pay for a curbside program brochure for distribution to all certified residential dwelling units. The City and Contractor staff will develop the brochure. The Contractor shall provide and pay for 10,000 copies of the brochure. The brochure shall be subject to final approval by the City. The City shall be responsible for the cost of mailing the brochure to all certified residential dwelling units. 8. Weighing of Loads and Reporting Rernzirements. The Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight, and number of recycling stops for each loaded vehicle. Collection vehicles shall be weighed empty before collection to obtain a tare weight and weighed after completion of a route or at the end of the day, whichever occurs first. An original of each weight ticket shall be included as part of the biYling sent to the City each month. 12C AGRFEMENT FOR RLCYCLING SERVICES PAG$ � Contractor shall also include a monthly report on total number of stops, total tons collected, a fair estimate of the percentage of the total that each material type represents, and the markets generally used for the sale of recyclables with the Contractor's monthly billing. 9. Provision of Recvclinq Containers. The City will provide containers to aIl residential dwelling units. The Contractor shall provide 90 gallon containers for all multi-unit dwellings, the municipal center, and the six public schools. The City shall be responsible for the replacement costs of aII containers. The Contractor shaZZ also provide service and containers to any additional multi-unit dwellings certified by the City for service. 10. Ownership. The owner of the property upon which the recyclabZes have been placed for collection shall retain ownership of the recyclables until the Contractor's personnel determines the recyclables are acceptable for collection and physically places the recyclables in the collection vehicle, at which time ownership shall transfer to Contractor. 11. Accebtable Recyclables. Acceptable materials include: newsprint and inserts, unsorted glass (food and beverage containers), unsorted aluminum, steel, bi-metal, and "tin" cans (food and beverage containers), corrugated cardboard, magazines, catalogs, and other materials as mutually agreed upon between the City and the Contractor. 12. PreQaration. The Contractor shall collect recyclables which have been prepared in the following manner: a. Residential Dwellinq IInits: Residents shall prepare recyclable materials as follows: NewsArint will be placed in paper kraft bags or securely tied and bundled. � Glass Food and Beverag„e Containers will be rinsed clean. The glass will be separated from the other items and placed in a paper bag, box, or recycling container. Metal Food and Beveraqe Containers will be rinsed clean and kept separated from the other items and placed in paper bag, box, or recycling container. ' MaQazines and Catalogs will be separated from other items and placed in a paper bag, box, or recycling container. Corrugated Cardboard will be broken down flat into bundles no larger than 3 feet by 3 feet. No cardboard that is wax or plastic coated or contaminated.by food or grease shall be accepted. Preparation standards for other materials will be determined by mutual written agreement between the City and the Contractor. b. Multi-IInit Dwellings: Residents shall prepare recyclable 12D AGREEMENT FOR RECYCLING S$RVICES PAGS 5 materials as follows: NewsQrint will be placed in the container labeled ��Newsprint Only." All materials which are part of the daily or Sunday newspaper are acceptable. Newsprint may be bagged, tied, or loose. Glass Food and Beveraae Contai.ners will be rinsed and placed in specially marked containers labeled "Clear Glass," "Brown Glass," and "Green Glass." Metal Food and Beveraae Containers will be rinsed and placed in specially marked containers labeled "Cans." Removal of paper labels from cans is not required but will be encouraged. Magazines and Cataloas will be separated from other items and placed in specially marked containers labelled "Magazines." � Corrugated Cardboard will be placed in specially markad containers marked "Cardboard," or flattened and placed between or behind the containers. c. Municipal Center and Fridley�s Six Public Schools: Newsprint will be placed in the container labeled '�Newsprint only." All materials which are part of the daily or Sunday newspaper are acceptable. Newsprint may be bagged, tied, or loose. Glass Food and Beverage Containers will be rinsed and placed in specially marked containers labeled "Clear Glass," "Brown Glass," and "Green Glass." Metal Food and Beverage Containers will be rinsed and placed in specially marked containers labeled "Cans." Removal of paper labels from cans is not required but will be encouraged. Maciazines and Cataloas will be separated from other items and placed in specially marked containers labeled "Magazines." Corrugated Cardboard will be placed in specially marked containers marked "Cardboard," or flattened and placed between or behind the containers. 13. Procedure for Unaccep_table Recvclables. If the Contractor determines that materials set out for coliection have not been prepared in accordance with the specifications contained in paragraph 12, they are unacceptable. The Contractor shall implement the following procedures: Residential Dwellinq IInits: a) The Contractor shall leave the unacceptable recyclables and place "education tag" indicating that the materials were unacceptable and the proper method of preparation. b) The driver shall record" the address and the Contractor 12E AGREEMENT FOR RBCYCLING SERVICES PAGB 6 and shall provide, by facsimile, a preliminary "Conveyance Form," Exhibit B, to the City's Recycling Coordinator within two hours of completion of the routes. A final and complete ��Conveyance Form" shall be provided to the City, by facsimile, by 5:00 p.m. on the same collection day. c) The City Recycling Coordinator will undertake efforts to educate the resident or owner regarding proper materials preparation. Multi-IInit Dwellinqs: The Contractor wi�ll not collect unacceptable material and leave a tag indicating the reason the material is unacceptable. The Contractor shall notify the owner or manager of the building and the City's Recycling Coordinator by phone and in writing that the material was left and the reason that the material was unacceptable. Upon the fourth incident of unacceptable materials at the same location in twelve months the Contractor has the option of discontinuing service to the same address. Should the Contractor wish to discontinue service to same address the Contractor shall notify the City within five days of this determination and the City will adjust its monthly payments to the contractor accordingly. The City will notify the building owner or manager in writing that service has been discontinued. 14. Collection Point. a. Residential Dwelling IInits: Residents shall place containers at the curbside by '7:00 a.m. on the designated collection day. No container shall be left at the curbside for longer that 24 hours after collection. The Contractor shall empty all acceptable materials from container and any acceptable materials that are placed adjacent to container, and shall replace container at curbside. b. Multi-IInit Dwellinqs: Containers shall not be located inside the building, but shall be located inside/adjacent to waste dumpster enclosures at all certified multi-unit collection sites. Alternate exterior locations may be designated by the individual building owner or manager. All multi-unit recycling collection containers shall be clearly marked with the materials accepted. The Contractor shall empty all acceptable materi�ls from inside the containers and acceptable materisls that ma�j be set adjacent to the 12F AGREEMENT FOR RBCYCLING SERVICES PAGE 7 containers. The Contractor shall replace containers in their appropriate location. c. Municipal Center and Publia Schools: Containers shall not be located inside the building but shall be located inside/adjacent to waste dumpster enclosures at all collection sites. Alternate exterior locations, may be designated by the building official. All recycling collection containers shall be clearly marked with the materials accepted. The Contractor shall empty all acceptable materials from inside the containers and acceptable materials that may be set adjacent to the containers. The Contractor shall replace containers in their appropriate location. 15. Addition to Recyclables. The City agrees that it will consider, from time to time, proposals from the Contractor to perform additional services in the collection of additional recyclables or to perform additional services in the collection of compostable materials. Nothing contained in this paragraph shall obligate the City to pay for such additional services or work unless and until this Agreement is modified by a contract in writing. 16. Frequency of Collection. The City will be divided into two Collection Districts. Collection shall occur on the lst and 3rd Fridays of each month in Area 1(north of Mississippi Streetj and on the 2nd and 4th Fridays of each month in Area 2(south of Mississippi Street). 17. Collection Hours. Collection shall commence no earlier than 7:00 a.m. The Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 6:00 p.m. on the scheduled collection day. Residents will be required to place recyclables at curbside before 7:00 a.m. on the scheduled collection day. 18. Cleanup Responsibility. The Contractor shall adequately clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. The Contractor shall have no responsibility to remove or clean up any items which are not recyclable materials. 19. Missed Collection Policy and Procedure Contractor�s Responsibility: The Contractor shall have a duty to pick up missed collections at all residential and multi-unit dweliings. The Contractor has sole �esponsibility for screening 12G AGREEMENT FOR RECYCLING SERVICES P�GE 8 and responding to missed collections at multi-unit dwellings. ;-�T� .' Cantractor agrees to pick up all missed collections on the same '` ` day that the Contractor receives notice of a missed co�lection, provided notice is received by Contractor before 11:00 a.m. ��t.ti �'. respect to a11 notices of a missed collection received after 11:00 a.m,, the�Contractor will collect said misses on the next bttsines8 day before 6:00 p.m. The Contractor shall provide staffing of a telephone equipped office to receive reports of missed collections between the hours of 7:30 a.m. and 5:00. p.m. on weekdays, except holidays. The Contractor shall have an answering machine or voice mail system activated to receive phone calls after 5:00 p.m. on weekdays and all day Saturday and St�nday. The Contractor shall keep a loq of all calls including the subject matter, the date and the time received, the Contractor's response and the date and time of response. For residential dwelling units this inforntation shall provide, by facsimile, a preliminary "Conveyance Form" to the City within two hours of completing the collection routes for that collection day and a final and complete "Conveyance Form" shall be provided, by facsimile, by 5:00 p.m. on the collection day. For service to multi-unit dwellings this information shall by provided by facsimile, by 9:00 a.m. on the following business day. City�s Responsibility/Residential Dvrelling IInits On1y:�The City shall be responsible for screening all reports of missed collections at residential dwelling units, received by the City,' to determine if the reported miss is a missed collection, a late set out, or placement of unaccepted material for collection. GA { missed collection is defined as a report by a resident that their material was out by 7:00 a.m, and the address did not appear on the Contractor's preliminary or final "Conveyance Form" as a"Late Set Out." For each report of a missed collection, it will be the responsibility of the City's Recycling Coordinator to ask two questions and inform tlie resident of the potential penalty to the Contractor. The required questions and statement are listed below: ' 1) What time was the material set out for collection? 2) Has the Contractor left a tag in your container indicating the reasons for the material not being picked up? 3) Inform the resident that the City has a penalty clause in the contract for missed collections that may be applied if their material was missed. 12H AGREEMENT FOR RECYCLING SERVICBS PAGB 9 20. Late Set Out PolicyJResidential Dwelling Units Only Contractor�s Responsibility: In the event that a re�ident plaoes material out after the 7:00 a.m. set,out time and th� Con�rasstor observes or is notified of the late set out before�11:00 a.m., the Contractor shall collect the materials. Upon collecting the materials an "educational tag," informing the resident of the 7:00 a.m. set out time, will be left in the container. The Co�ttraator:: shall collect and tag only two late set outs at the same address in 2� months. The Contractor shall indicate this address on the "Conveyance Form" as a"Late Set out", with a number indicating the number of times the Contractor has collected material at this address that was set out after 7:00 a.m. The Contractor shall provide, by facsimile, a preliminary "Conveyance Form" within two hours of completing the residential dwelling units collection routes. A final and complete "Conveyance Form" shall be provided by 5:00 p.m. on the same day. In the event that there is a the�e is a third late set out at th� same address in twenty-four months the Contractor shall tag but not collect material. City�s Resgonsibility: Upon notification by the Contractor that a specific address has been the site of three "Late Set Outs" the Recyaling Coordinator will contact the resident by phone to inform the resident of the set out time. The Recycling Coordinator will follow-up, in writing, on this contact with both the resident and the Contractor. 21.. Non-completion of Collection and Extension of Collection Hours. If the Contractor determines that the collection of recyclables will not be completed by 6:00 p.m. on the scheduled collection day, it shall notify the City Recycling Coordinator by 4:30 p.m. and request an extension of the collection hours. The Contractor shall inform the City of the areas not completed, the reason for non-completion, and the expected time of completion. if the Recycling Coordinator. ,caruiot }�e rea�ch�d,F, t,he:�antr,�act�o� will contact the first de�ignated alterna4;ts,. the �o�auni��, peve��t D3:�'ect�r, If the Community Development Director cannot be reaciied the Contractor shall contact the second designated alternate, the City Manager. 22. Non-Performance. a) Penalties• Missed Collection/Residential Dwellinq IInits Only $25.00 for each missed collection above three misses per colleation day, 12 per month in aggregate, to be assessed at the end of each collection month. A missed collection i�.defined �,s a report by a resident 121 AGREEMENT FOR RECYCLING SERVICES PAGB 10 that their material was out by 7:00 a.m. and the address did not appear on the Contractor's preliminary or final "Conveyance Form" as a"Late Set out." Throwinq containers/Residential D�ellinq IInits only $50.00 for each eyewitnessed report of a driver throwing in a rough manner which could or did damaqe the container, rather than placing the container in its original location. Missinq Entire B�ocks/Resic]ential Dwelliaq IInita only $500.00 per each incident of the contractor missing an entire street. A missed block is defined as a block where residents from at least three households within two intersections of that block report that their material was out before 7:00 a.m. , the material was not picked up, the addresses did not appear on the Contractor's preliminary or final "Conveyance Form" as "Late Set Outs," and there are no empty containers on that block. In the event that an entire street is missed the penalty of $500.00 will be assessed but the misses resulting from the missed street will be excluded from any calculation of the number of misses for the collection day, and month in aggregate, for the purposes of assessing any penalties resulting from missed collections, as defined in paragraph 22: District-wide Colleotion Not Completed $1,000 per incident of failure to complete collection when the Contractor has not received an extension of collection hours from the Recycling Coordinator, or the Community Development Director, or the City Manager as described in paragraph 21. Failure to Complete a Majority (aver 50�) of the Collection District $2,500 per incident of failure to complete a majority of the collection stops in the collection district when the Contractor had not received an extension of collection hours from the Recycling Coordinator, or the Community Development Director, or the City Manager, as described in paragraph 21. b) Exceptions• For the purposes of this Contract, the Contractor shall not be deemed to be liable for damages where its inability to perform recycling collection service is the result of conditions beyond the control of the Contractor, iricluding but not limited to, civil disorder, 12J AGRFEMENT FOR RECYCLING SERVICES PAG$ 11 acts of God, or severe weather (as defined in paragraph 24 of this contract), changes in applicable statutes, regulations, and ordinances; provided, however, that the Contractor shall obtain approval for the delay from the Recycling Coordinator, or the first designee, the Community Development Director, or the second designee, the City Manager prior to 4:00 p.m. of the scheduled collection day. When the City and the Contractor have upon mutual agreement determined that the Contractor may safely return to the City, the Contractor shall have five (5) days (excluding Saturdays, Sundays, and holidays) to provide such service. In the event of a continuing failure beyond said period, the Contractor shall not be entitled to payment for any residential dwelling unit and multi-unit dwelling not serviced. In the event that the City has approved a delay beyond the five (5) days the Contractor will not be assessed penalties as specified in paragraph 22. 23. Dispute Resolution. Claims, disputes, or other matters of less than $2,500.00 in value between the Contractor and the City. arising out of or relating to this Agreement shall be subject to and decided by non-binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association currently in effect unless the Contractor or the City agree otherwise. Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Associatiori. A demand for arbitration shall be made within ninety (90) days after the claim, dispute, or other matter in guestion has arisen. In no event shall the demand for arbitration be made after the date when the institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by applicable statute of limitations. No arbitration arising out of or relating to this Agreement shall include by consolidation, joinder, or in any other matter, an additional person or entity not party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the parties to this Agreement and any other person or entity sought to by joined. Consent to arbitration involving an additional entity or person shall not constitute a consent to arbitration of any claim, dispute, or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate, other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 24. Severe Weather. Recycling collections may be postponed due to severe weather �at the sole discretion of the Contractor. "Severe weather" shall inc].ude, but shall not be limited to, those 12K AGRBEMENT FOR RECYCLING SERVICES PAaB 12 cases where the temperature at 6:00 a.m. is -20 degrees F or colder, to those cases when snowfall has made streets impassable. Upon postponement, collection will be made the followinq business day. The contractor will be responsible for notifying tiie residents by radio and television announcements. The City will be responsible for notifying the residents by municipal cable. A31 three means of communication will be used for each severe weather postponement of recycling collection. 25. �olidays. Holiday means any of the followinq: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksqiving Day, and Christmas Day. When the scheduled coZlection day falls on a holiday, an alternative•collection day shall be scheduled by mutual agreement. The Contractor shall assist the City in publicizing the alternative collection day, including delivery of notices to each residential dwelling unit and multi-unit dwelling in the affected Collection District. 26. Utilities: The Contractor shall be obligated to protect all public and private utilities whether occupying street or public or private property. If such utilities are damaged by reason of the Contractor's operations, the Contractor sha12 repair or replace same or, failing to do so promptly, the City shall cause repairs or replacements to be made and the cost of doing so shall be deducted from payment to be made to the Contractor. 27. Audit Disclosure. The Contractor shall allow the City and its duly authorized agents reasonable access to Contractor's books and records applicable to all services provided under this Agreement. Any reports, information, financial material, or data which the City at any time requests be kept confidential shall not be made available to any person or party without the City's prior written approval. Unless a written request is provided and approved by the Cit�r any reports, information, financial material, or data collected by the Contractor or the City in relation to this Agreement shall be public information. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, or reports prepared by Contractor shall become the property of City upon termination of this Agreement. To the extent that any of the foregoing involves the business of Contractor outside the City, the Contractor shall have the right to use such property in its business outside of the City. 28. Term. The term of this Agreement shall be April 1, 1993, to March 31, 1995, `the date of signature by the parties notwithstanding. The parties may, by mutual agreement, cause this Agreement to be e�ctended for two (2) years after the foregoing expiration date, subject to the right of either party to terminate for cause by ninety (90) days written notice as provided in the following paragraph. If this Agreement is extended for an additional two (2) year term the City will assume ownership of the 90 gallon containers being used to service the certified Multi-Unit 12L AGRBEMENT FOR RECYCLING 8$RVICES PAGB 13 Dwellings, on April 1, 1996, and the Contractor shall reduce the monthly per unit fee for Multi-Unit Dwellings. 29. Termination. This Agreement may be terminated by either party upon ninety (90j days written notice to the other party without cause or for cause upon the other party's breach of its duties under this Agreement. In the event termination is by the City pursuant to this ninety (90) day provision, the Contractor shall be paid until the effective date of termination. 30. Subcontractor. The Contractor shall not enter into subcontracts for any of the services provided for in this Agreement� without the express written consent"of the City. 31. Inde,pendent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find Contractor an employee of the City. 32. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 33. Excluded Services. The City shall have no obligation to pay for any services furnished or performed by the Contractor riot specifically provided for or contemplated herein. 34. Severabilitv. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a Court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. 35. Compliance with Laws and Requlations. In providing services hereunder, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of this Agreement. 36. Equal Opportunity. During the performance of this Agreement, the Contractor, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; la�off or termination, rates of pay or other forms of compensationj and selectioi�for training, including 12M AGREEMBNT FOR RECYCLING SERVIC88 PAGS 14 apprenticeship. The Contractor shall post.in places available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this non- discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or natiorial origin. The Contractor shall incorporate the foreqoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 37. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 38. Indemnification. The Contractor shall indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees, which they may suffer or for which they may be held liable, as a result of negligence or fraud of the Contractor, his employees, or subcontractors in the perfonuance of this Agreement. 39. Insurance. The Contractor shall provide a certificate of insurance as proof of liability coverage for bodily injury or death in the amount of $600,000 for any one person and in the sum of $1,000,000 for two or more persons for the same occurrence and for damages to property in the sum of $100,000. The certificate of insurance shall name the City as an additional insured and state that the Contractor' s coverage shal l be the primary coverage in the event of a loss. Further, the certificate shall provide for thirty (30) days written notice to the City before cancellation, expiration, or change of coverage. 40. Workers Compensation Insurance. The Contractor shall provide workers compensation insurance covering all empZoyees of the Contractor engaged in the performance of this Agreement, in accordance with the Minnesota Workers Compensation Law. 41. Performance Bond. The Contractor shall execute and deliver to City a performance bond with a corporate surety in the amount of $30,000, or equal ("equal" may include a letter of credit from a banking institution approved by City). This Agreement shall not become effective until such a bond, in a form acceptable to the City, has been delivered to the City and approved by the City Attorney. This Agreement sha11 be subject to termination by the City at any time if said bond shall be cancelled or the surety thereon relieved from liability for any reason. The tera� of such performance bond shall be for the life of this' Agreement. Extensions or renewals shall require the execution and delivery of a performance bond in the above a�tount to cover the period of extensian or renewal. 12N AGREEMENT FOR RECYCLING SERVICES PAGE 1S 42. Conflict of Interest. The Contractor agrees that no member, officer, or employes of City shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Violation of this provision shall cause this Agreement to be null and void, and the Contractor will forfeit any payments to be made under this Agreement. 43. Governina Law. This Agreement shall be controlled by the laws of the State of Minnesota. 44. Entire Agreement. The entire agreement of the parties is contained therein. This Agreement supersedes a11 oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreement presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first above written. CITY OF By Its Mayor and By Its City Manager 120 CONTRACTOR NAME: By. Its By. Its Bghibit A FEEB FOR RBCYCLING 88ROICEB TO RESIDSNTIAL DWBLLIN(3 IINITB AND MIILTI-IINIT DWELLINGS CERTIFISD FOR SERVICB BY THE CITY OF F13IDLEY From April 1, to May 31�, 1993, the City shall pay the Contractor: $1.43 per residential dwelling unit per month or $1.43 times 7,813 residential dwelling units per month. Beginning June l, 1993, when multi-unit dwellings are added to the Contractor's service responsibility the City will pay the Contractor as follows: $1.43 per residential unit per month and $1.99 per multi-unit per month. The City will determine the number of units to be served (residential dwelling units and multi-unit dwellings) by May 15, 1993. Periodic Adjustments Should the City certify additional multi-units for service, or shift multi-unit dwellings to the. res_idential dwelling unit service, or the Contractor determine that service to a specific multi-unit dwelling must be discontinued, the number of units serviced under each category wiZl be adjusted and the payment to the Contractor shall reflect this adjustment. 12P ROUTE: MAR 30 '93 10�01 SUP��CYCLE_224-0315_ � �� coNV��aNC� �oRn� bWVER pATE: E�ibit B P.2 M P M G 1 ! C E L � X A H T A L � E S 1 A S S TlME ADDRESS D T P 4 S U QTH�� P/U 7'AG ' I , � , � 2 � _ � . Community Development Department PLArnvnvG D�SION City of Fridley DATE: April 1, 1993 j,• r �{ TO: William Burns, City Manager �. FROM: Barbara Dacy, Community Development Director Lisa Campbell, Planning Assistant SUBJECT: Establish Public Hearing to Amend Chapters 113, Entitled '�Solid Waste Disposal and Recycling Collection"; Chapter 220, Entitled"Residential ' Rental and Condominium Common Area Maintenance"; and Chapter 11, Entitled "General Provisions and Fees" of the Fridley City Code The proposed ordinance amendments are intended to implement a recycling strategy for multiple family buildings. The strategy has three parts: � 2. Expand the City's r�eycling services contract to include multi-unit dwellings of five to 12 units. Require owners of buildings with 13 or more units to contract for recycling services. 3. Require recycling collectors operating in the City of Fridley to report to the City by weight and material type the recyclabZes collected in the City on at least a quarterly basis. Amendments to Chapter 113 require owners who are serviced by the City to pay $.83 per month per unit to the City (SWAP fee) and to require owners who do not receive service from the City to contract for services. This amendment also requires recycling collectors to report materials collected to the City. Amendments to Chapter 220 require owners of multi-units not serviced by the City to contract for services and submit a contract with their annual rental license. Finally, amendments to Chapter 11 extends the Solid Waste Abatement programming fee to five through 12 multiple unit dwellings.�. Multi-Unit Ordinance Amendments April 1, 1993 Page 2 We have conducted informational meetinqs with multi-unit owners and we will also notify multi-unit residents the proposed recycling program and pubiic hearing. Recommendation Staff recommends that the City Council establish a public hearing on these ordinance amendments for April 19, 1993. LC/dn M-93-173 13A PIIBLIC HEARING BEFORS THE CITY COIINCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E., on Monday, April 19, 1993, at 7:30 p.m. for the purpose of: AN ORDINANCE AMENDING CHAPTER 113, SOLID WASTE DISPOSAL AND RECYCLING COLLECTION BY AMENDING SECTIONS 113.01, 113.07, 113.11, 113.13, 113.15, AND CHAPTER 220, RESIDENTIAL RENTAL PROPERTY AND CONDOMINIUM AREA MAINTENANCE BY AMENDING SECTION 220.09, AND AMENDING CHAPTER 11, GENERAL PROVISIONS AND FEES, FOR SOLID WASTE ABATEMENT PROGRAMMING BY AMENDING SECTION.IZ3 113.01 DEFINITIONS i. Multiple Dwellinc� Unit A residential structure with five or more dwellinq units. �-8. Landfill Site 8-:9. Person 9-:10.. Private Garbage and Solid Waste Collectors 3�11. Recyclable Materials Al1 newsprint including supplements, office paper, corrugated }�� cardboard, glass jfood and beveraqe), tin cans, atr�e�e�-��e�' --a '��t-e�res, aluminum, steel, and magazines and cataloas, and any other materials as mutually agreed upon by the City and �e its Recycling Collector or buildinq owners and their Recycling Collectors. 12. Recycling Collector Any person or entitv engaged in collectinq, transporting, and processing of recycled materials from residential or commercial sites in the City. �13. Refuse 3�14. Residential £�e}�i�3eg Dwelling Unit 3�15. Rubbish �16. Solid Waste 3sr.17. Swill 13B �6-:18. Waste Matter �-19. Yard Waste 113.07 SOLID WASTE ABATEMENT PROGRAM FEE Effective January 1, 1992, the City of Fridley shall begin charging residential dwellings of one to fonr units $2.50 per unit per quarter. Effective June 1, 1993, the City shall beqin charqing mltl f i Y�l n t�efnl 7 i nevc �f �i�'1 7 �ir� i�� nnri ��her tin»l i-i r�l a Ar.�el 7� v.i+rc. �.F for recycling services 52.50 per unit Qer cLuarter. This fee shall be charged in conjunction with the utility billings as administered by the Finance Department. This fee shall be calied the Solid Waste Abatement Program Fee. This revenue shall be placed in the Solid Waste Abatement Fund and shall be expended on solid waste programming activities. These activities include the curbside collection of recyclables for residential dwellings of one to four units, recvclinct services to multible dwellinas of 5-12 units and distribution of curbside recycling redemption center for recyclables, a yar other special abatement activities, as Council. (Ord. 962) 113.11 RECYCLING COLLECTION ervices, the purchase and containers, a drop-off d waste transfer site, and authorized by the City Recyclable materials shall be collected at least once a month by a recyclinq collector licensed hereunder. The City's recyclinct collector shall �}� collect all recyclable material placed along the curb of �esidential properties and at designated locations at multiple dwelling units of 5-12 units and multiple dwellincts of 13 or more units that have been certified for service bv the Citv. Every owner of a multiQle dwelling of 13 or more units or other units not serviced under the City contract for recvcling services shall arrange and contract for at least monthly collection of recy,clables. Such services shall include collection of at least newsprint, glass Lfood and beverage� aluminum steel and tin cans, and corruaated cardboard. Privately contracted recvcling collectors shall collect recyclable materials from a�-e�� locations designated bv their customers. These materials shall �-�= be transported by the collector to a processinQ site �e�e and will be marketed as determined by the ��-L��~�-~� recyclinq collector. 113.13 PLACING OF RECYCLABLE MATERIALS Multiple Dwelling Units At multible dwelling units of 5 or more units, recycling collection containers shall be located inside or adjacent to the waste dumpster enclosure. Alternate exterior locations may be desianated by the building owner or manager. Recvcling collection containers 13C at multiple dwellings of 5 or more units shall be clearly marked �or acceptable material. �ridley Municipal Center and Fridlev Public SchooZs �tecvclina collection containers shall be located inside or a�jacent to the waste dumpster enclosure. Alternate exterior locations may shall be clearlv marked for accentable materials. 113.15 REPORTS type collected durinctthe previous quarter. Weights collected from multiple dwelling unit accounts shall be reported s�aratelv from other commercial accounts. The reports shall be submitted by April 10, July 10, October 10, and January 10. CHAPTER 220 220.09 MAINTENANCE 13. Collection of RecY,clables Evexy owner of a multiple dwellinc,i of 13 or more units or other units not serviced under the Citv contract for rec�clinq services shall arrange and contract for at least monthlv collection of recyclables to include at Zeast newst�rint, alass ffood and beveracte), aluminum, steel and tin cans, and corruqated cardboard. A copy of the owner�s contract for recycling services shall be submitted to the City in coniunction with the annual renewal of the rental license. 14. Containers for Storaae and Collection of Recyclables Everv owner of a multiple dwellinq bf 13 or more units or other units not serviced under the City's contract for recyclinq services shall be reauired to provide containers for the storage of recvclables and for arrangincr for at least monthly collection of the recyclables . CHAPTER 11 GENERAL PROVISIONS AND FEES 113 Solid Waste Programming $2.50 per residential dwelling of 1-4 units and per multiple dwellinas of 5 or more certified for service under the Citv's recvcling services contract 13D Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiiiary aids should contact Roberta Collins at 572-3500 no later than April 12, 1993. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley CoYmaunity Development Department at 571-3450. WILLIAM NEE MAYOR Publish: April 6, 13, 1993 13E Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: Wiiliam W. Bums, City Manager A'� PW93-110 � FROM: John G. Fiora, �ublic Works Director DATE: March 25, 1993 SUBJECT: �ocke Lake Dam Design We had submitted a request for proposaf (RFP) to six firms for the repair or replacement of the Locke Lake dam. After review of the proposals submitted, it was staffs unanimous agreement that Ayres and Associates from Eau Claire, �sconsin, provided the best submittal in regards to understanding the problem, praviding the necessary support ior the preliminary and final design, as well as construction support. We have discussed the project with Jim Bakken, the project manager, and the firm has submitted a contract for execution. It is proposed that the project wouid be developed in a total of four phases: collection of data for preliminary design to be completed by September, 1993; preparation of final design documents by January 1, 1994, cost for this work would be not to exceed $47,000; they would assist in bidding, which is expected to be accomplished in March, 1994 at a cost of $5,000; and construction inspection, which is estimated to start in September, 1994 at a cost of $18,000. Totai engineering costs are not to exceed $70,000, and the total project is expected to be completed for $500,000. Based upon the RFPs submitted, we recommend the City Council approve the contract with Ayres and Associates for the replacement of Locke Lake dam at a design and support cost not #o exceed $70,000. JG F: cz Attachment 14 � F�� /�IRES =�.`_>t;(��lATES March 22, 1993 Mr. John Flara, Director of Public works City of Fridley Fridley Municipal Center 6431 University Ave N.E. Fridley, MN 55432 Re: Locke Lake Dam Replacement Dear Mr. Flora: Attached is a proposed contract for engineering services to design a replacement structure for your Locke Lake Oam. Recognizing the contract is somewhat lengthy, I will summarize, in this letter, the scope of services, project schedule and compensation for our services. Work Plan � Task 1- Data Co�lection. Obtain all avaiiable data periinent to the dam and review for adequacy for design. This would include a]1 previous reports and inspections, photographs, and soil boringS. � Task 2- Inspection and Survey. Inspect the dam site to assess the conditions and obtain an understanding of the site. At the same time, perform a topographic site survey suitable for development of p7ans and specifications. One deep soil boring will be obtained for use in the design. Task 3- Consultation with the City and the DNR. Discuss with the City and the DNR their expectations of the completed project and special requirements they may have in regard to the dam. Task 4- Preliminary Design. Review the alternatives of 1) a box culvert with split leaf gates at the entrance, 2) a box inlet drop spillway, and 3) the labyrinth spillway. Evaluate each and recommend the alternate which best meets the City's needs. Develop a preliminary design to define the project features and provide documents that may be submitted to the City and the DNR for review. Provide a probable estimate for construction based on the preliminary design. Task 5- Final Design. Prepare the final design based upon the preliminary design and comments received through the review process. Plans and specifications would be prepared suitable for soliciting bids from construction contractors. Owen A�<<rt: R ASSOC�ates. InG Engineers / Architects ! Scientists / Photogrammetrists D:\JR8�930319L.00C 1300 YJ. C.I:II�(;f/1U�i1 AVRIIUP. F' (� Hn. 1'.9!) �,{;. .!:ire WI 54: Cr •:; �0 r 7' � k:+.J �j'F�' f:1\ . �!`,� ft.i�i "i,Y�i g.12 �,...,. . . . . .. 14A Mr. John Fiora March 22, 1993 Page 2 Task 6-'Advertise and Bid the Project. Assist the City in obtaining construction bids. This would include reproducing the bid documents, preparing the advertisement, distributing bid documents, answering questions during the bid preparation period, assisting the City in opening and anaiyzing the bids, and recommending award of the project. Task 7- Construction Phase Services. Prepare contracts and administer the contract throughout the construction period. Provide periodic construction observation to review the progress of the work. The City of Fridley would provide day-to-day construction observation and coordinate progress and- construction site issues with the engineer. Assuming the construction period would be 120 days, the engineer would visit the site an average of once a week throughout the project. Schedule Task 1 Through 4(Daia Collection Through Preliminary Qesign) 5 Final Design b Bidding 7 Construction Compensation Completion Date September 1, 1993 January 1, 1994 March 1, I994 September 1, 1994 Compensation for services would be on an hourly basis plus reimbursable expenses. Estimated compensation is tabulated below: Task 1 - 5 (Through Final Design) 6 (Advertise and Bid) 7 (Construction) � � Total Estimated Compensation (Not to Exceed) �47,000 5,000 18.000 �70,000 O:�JRB�930319L.00C 8.12 � Mr. John Flora March 22, 1993 Page 3 If you have any questions on the above, I would be glad to discuss them with you. Sincerely, Owen Ayres & Associates, Inc. �� ;'?.'YY[ s'" -> /":; �- �� _ t � J� �" �:.;=-,___ -James R. Bakken, P.E. Project Manager JRB:dIp E�closure 14C D:\JR8\930319L.DOC 8.12 A6REEMENT FOR PROFESSIONAL SERVICES THIS IS AN AGRFEMEN7 made as of March 24, 1993 between the City of Fridley (OWNER) and Owen Ayres & Associates, Inc., aka Ayres Associates, P.O. Box 1590, Eau Claire, WI 54702-5190 (CONSULTANT). OWNER intends to retain the CONSUCTANT for professional services to provide design and constraction services for Locke Lake Oam Reconstruction and as described in Attachment "A" (hereinafter called the Project). OWNER and CONSULTANT agree to performance of professional services by CONSULTANT and payment for those services by OWNER as set forth beiow. RRTICLE 1.- BASIC SERYICES 1.0 6eneral. CONSULTANT shall provide professional services for OWNER in all p�ases of the Project to which this Agreement applies. These services will include serving as QWNER's professional representative for the Project, providing professiona] consu]tation and advice, and performing duties and responsibilities of CONSULTANT as indicated in Attachment A- Scope of Services. . ARTICLE 2 - ADDITIONAL SERVICES 2.1 Services Requiring Authorization in Advance. If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Attachment A- Scop� of Services, not included as part of Basic Services; these will be paid for by OWMER as indicated in Artic�e 5 and Attachment C. ARTICLE 3 - OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to deiay the services of CONSUL�AN�: 3.1 Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. 3.2 Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of a11 design and construction standards which OWNER will require to be included in the Project. 1�D D:\JRB\930319L.DOC 8.12 3.3 Place at CONSULTANT's disposal all available pertinent information including previous reports and any other data relative to design or constrUction of the Project. ARTICLE 4- PERIODS OF SERVICE 4.1 The provisions of this Article 4 and the compensation for CONSULTANT's services have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. CONSULTANT's obligation to render services hereunder will extend for a period which may reasonably be required for ihe design, award of contracts, canstruction and initial operation of the Project including extra work and required extensions thereto. If in Attachment B- Periods of Service specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided and if such dates are exceeded through no fau7t of CONSULTANT, compensation provided herein shail be subject to equitable adjustment. ARTICLE 5 - PAYMENTS 5.1 Methods of Pavments for Services and Expenses. 5.1.1 OWNER shall pay CONSULTANT for- Basic Services and Additional Services rendered in accordance with Attachment C- Compensation and Payments. 5.2 Times of Pavments. 5.2.1 CONSULTANT shall submit monthly invoices for Basic and Additional Services rendered and for Reimbursable Expenses incurred. OWNER shall make prompt month]y payments in response to CONSUL7ANT's invoices. 5.3 Other Provisions Concerninq Pa�rments. 5.3.1 If OWNER fai]s to make any payment due CONSULTANT for services and expenses within thirty days after receipt of CONSULTANT's invoices, the amounts due CONSULTANT will be increased at the rate of 1-1/2% per month from said thirtieth day, and in addition, CONSULTANT may, after giving seven days' written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full ail amounts due for services and expenses. 5.3.2 In the event of termination by OWNER under paragraph 7.1 upon the completion of any phase of the Basic Services, progress payments due CONSULTANT for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase oF the Basic Services, CONSULTANT also will be reimbursed for the charges of independent professional associates and consultants employed by CONSULTANT to render Basic Services, and paid for services rendered during that phase on the basis of CONSULTANT's Direct Labor Costs times a factor of 3.25 for services rendered during that phase to date of termination by CONSULTANT's principals and employees engaged directly on the Project. I� the event of any such termination, CONSULTANT will be paid fur all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. D:\JR8�930319L.00C 1 �E 8.12 5.4 Oefinitions. 5.4.1 Direct Labor Costs used as basis for payment means salaries and wages (basic and incentive) paid to all CONSULTANT's personnel engaged directly on the Project, but does not include indirect payroll related costs. 5.4.2 Reimbursable Expenses mean the actual expenses incurred by CONSULTANT or CONSULTANT's independent professional associates or consultants, directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidenial thereto; obtaining bids or proposals from Contractor(s); providing and maintaining fietd office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representatives and their assistants; teiephone calis, electron�c mail, facsimile transmissions, and telegrams; expenses incurred for computer time, word processing equipment, survey and testing instruments, and other hiyhly specia7ized equipment; and reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project-re7ated items. ARTICLE 6- CONSTRUCTION COST AND OPINIONS OF COST 6.1 Construction Cost. 7he construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire project designed and specified by CONSULTANT, but it wili not include CONSULTANT's compensation and expenses, the cost of land, rights- of-way, or compensation for or damages to, properties unless this Agr�ement so specifies, nor Wi�� it include OWNER's legal, accounting, insurance counse7ing or auditing services, or interest and financing charges incurred in connection with the Project. 6.2 Opinions of Cost. 6.2.1 Because CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over Contractor(s)' taethods of determining prices, or over competitive bidding or market conditions, CONSULTANT's opinions of probable Toial Project Costs and Construction Cost provided for herein are to be made on the basis of CONSULTANT's experience, quaiifications and judgment as an experienced and qualified professional, famiiiar with the construction industry; but CONSULTANT can�ot and does not guarantee that proposals, bids or actual Project or Construction Costs will not vary from opinions of probable cost. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator. ARTICLE 7 - 6ENERAL CONSIDERATIONS 7.1 Termination. The obligation to provide further services under this Agreement awy be terminated by either party upon thirty days' written notice in the event of D:\JRB\930319L.DOC 1�F 8.'Z substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 7.2 Reuse of Documents. All documents including Orawings and Specifications prepared or furnished by CONSUITANT (and independent professional associates and consultants) pursuant to this Agreement are instruments of service and CONSUL7ANT shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by CONSULTANT for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to CONSULTANT, or to independent professional associates or consultants, and OWNER shall indemnify and hold harmless CONSULTANT and independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle CONSULTANT to further compensation at rates to be agreed upon by OWNER and CONSULTANT. 7.3 Insurance. CONSULTANT shall procure and maintain insuranc under workers' compensation acts, claims for injury including personal injury, sickness or all employees or of any person other than suc or damages because of injury to or destruction of use resulting therefrom. 7.4 Controlling Law. e for protection from claims damages because of bodily disease or death of any and h employees, and from claims of property inciuding loss This Agreement is to be governed by the law of the place of business of CONSULTANT at the address hereinbefore stated. 7.5 Successors and Assigns. 7.5.1 OWNER and CONSULTANT each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and CONSUtTANT (and to the extent permitted by paragraph 7.5.2. the assigns of OWNER and CONSULTANT) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations af this Agreement. 7.5.2 Neither OWNER nor CONSULTANT shall assig�, sublet or transfer any rights under or interest in this Agreement (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent 14G O:�JRB\9303191.OQC 8.12 mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment wi�] release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph sfiall prevent CONSULTAN7 from employing such independent professional associates and consultants as CQNSULTANT may deem appropriate to assist in the performance of services hereunder. 7.5.3 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and CONSULTAN7, and al] duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and CONSULTANT and not for the benefit of any other party. ARTICLE 8- EXHIBITS AND SCHEDULES 8.1 The following Exhibits are attached to and made a part of this Agreement. . 8.1.1 Attachment "A" - Scope of Services, consisting of 2 pages. 8.1.2 Attachment "B" - Periods of Service, consisting of 1 page. 8.1.3 Attachment "C" - Compensation and Payments, consisting of 1 page. 8.2 This Agreement (consisting of pages 1 to 5, inclusive), together with the Exhibits and Schedules identified above, constitute the entire agreement between OWNER and CONSUITANT and supersede all prior written or oral understa�dings. This Agreeme�t and said Exhibits may only be amended, supplemented, modified or cancelled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER OWEN QYRES & ASSOCIATES, INC. , , (Signature) . ;-"�� l'v�`� ra William J. Nee Mayor William W. Burns (Typed Name) Ouane Munson (Title) Vice President, WR/ES (Date) (Attest) ��rytr_��l �;,�1'C �«--�-- ; % (Name) `�-James R. 8akken. P.E. City Manager (Title) Manaqer. Water Resources 1�4H 0:\JRB\930319L.DOC 8.12 ATTACHMENT A- SCOPE OF SERVICES Locke Lake is a shallow 25-acre impoundment on Rice Creek in the City of Fridley. The watershed encompassed 201 square miles including portions of Washington, Anoka, Ramsey, and Nennepin Counties and 29 cities. The dam failed in 1990 as a result of scour in the tailwater pool. The City of Fridley wants to replace the structure in order to re-establish the level of Locke Lake. An additional requirement of the project includes the addition of a canoe portage and a fishing pier. Rehabilitation of the Locke Lake Dam will need to be in conformance with Minnesota Statue MS I03D, and approved by the Minnesota Department of Natural Resources (DNR), Division of Waters. Throughout the design process, the City and the DNR will be kept informed of the design features so that they can provide input and suggestions. Project concepts for the replacement are discussed in the following paragraphs. Replacement Option - There are several alternatives availabie for replacement of the Locke Lake Dam. Two of these alternatives were outlined in the report by JMM. Another alternative would be the constructio� of a labyrinth spillway. This structure is very simple, consisting of a concrete slab and walls, affording an econamical concrete structure without the need for flood gates, although a small gate would be provided for total drawdown capability. 7he labyrinth also has an aesthetically pleasing appearance and requires minimal operation. Work Plan Task 1- Data Collection. Obtain all available data pertinent to the dam and review for adequacy for design. This would include all previous reports and inspections, photographs, and soil borings. Task 2- Inspection and Survey. Inspect the dam site to assess the conditions and obtain an understanding of the site. At the same time, perform a topographic site survey suitable for deve7opment of plans and specifications. One deep soil boring wili be obtained for use in the desiyn. Task 3- Consultation with the City and the DNR. Discuss with the City and the DNR their expectations of the completed project and special requirements they may have in regard to the dam. Task 4- Preliminary Design. Review the alternatives of 1) a box culvert with split leaf gates at the entrance, 2) a box inlet drop spillway, and 3) the labyrinth spillway. Evaluate each and recommend the alternate which best meets the City's needs. Develop a preliminary design to define the project features and provide documents that may be submitted to the City and the DNR for review. Provide a probable estimate for construction based on the preliminary design. " Task 5- Final Design. Prepare the finai design based upon the preliminary design and comments received through the review process. Plans and specifications would be prepared suitable for soliciting bids from construction contractors. D:\JR8�9303191.00C A-1 141 Task 6- Advertise and Bid the Project. Assist the City in obtaining construction bids. This would include reproducing the bid documents, preparing the advertisement, distributing bid documents, answering questions during the bid preparation period, assisting the City in opening and anaiyzing the bids, and recomnending award of the project. Task 7- Construction Phase Services. Prepare contracts and administer the contract throughout the construction period. Provide periodic construction observation to review the progress of the work. 7he City of Frid7ey would provide day-to-day construction observation and coordinate progress and construction site issues with the engineer. Rssuming the construction period would be 120 days, the engineer would visit the site once a week throughout the project on the average.. D:\JRB\930319L.DOC 14J ATTACFiMENT B- PER100 OF SERVICE Schedule Task 1 Through 4(Oata Collection Thraugh Preliminary Design) 5 Final Design 6 Bidding 7 Construction 6-1 14K Completion Date September 1, I993 January 1, 1994 March 1, 1994 September 1, 1994 D:\JRB\9303191.00C ATTACHMENT C- COMPENSATION AND PAYMENTS Comaensation For Basic Services as shown in Attachment A, an hourly rate for the Consultants Principals and employees engaged on the project plus reimbursabie expenses. Mourly rates shall be based on direct ]abor costs times a factor of 3.0. Task Estimated Compensation tNot to Exceed) 1- 5(Through Final Design) 547,000 6 (Advertise and 8id) 7 (Construction) 5,000 18,000 Total 570,000 0:\JRB\9303I9L.00C C-1 14L Eng+neer�ng Sewer Lvaier Parks Slreets Mainterance MEMORANDUM TO: William W. Burns, City Manager�� FROM: John G. Flora, �ublic Works Director Scott Erickson, Ass't Public Works Director DATE: March 16, 1993 PW93-098 SUBJECT: Resolutions Ordering Preliminary Plans, Specifications and Estunates and Calling for a Public Hearing for Street Improvement Project No. ST. 1993 — 1& 2 The first resolution orders the preliminary plans, specifications and estimates for Street Improvement Project No. ST. 1993-1&2. This year's project includes the annual overlay project, . construction of a bikeway/walkway at �tiverview Heights Park, the construction of a: bikeway/waikway on the west side of University Avenue'�rom 73rd Avenue to 85f�'Avenue, the construction of the fire training center drive and utiiities, w�termain connection at Rickard Road/Craig Way, and the reconstruction to upgrade residential streets to current urban standards. A list of the improvements is shown on the attached resolution. The second resolution sets the public hearing for this praject as April 19, 1993. In February, we conducted three public information meetings to inform the residents of the proposed street reconstruction projects and answer any questions they had. As a result of the meetings, we were able to have volunteers from the neighborhoods walk the peYition through the neighborhood and obtain signatures from residents requesting the project. The following percentages o£ residents signing the petition requesting the project are as follows: Brookview Driv� 50% Monroe Street 50% 53rd Avenue 50% Regis Drive 0% Regis Lane 0% Fillmore 66% Polk - no assessment wiIl be made so a petition was not required Lynde - Apartments on both sides of the street, no residential properties Cheri Lane - Commercia] property, no residential properties � '��:'s 15 March 22, 1993 Page 2 The construction of the bikeway/walkway at Riverview Heights Park is a part of the overall park development plan for this area. The bikeway/walkway along University Avenue is being constructed in accordance with the City's comprehensive bikeway/walkway plan and helps promote both safety and alternative methods of transportation. This project has been included in our ISTEA grant application and may best be delayed unt� funding has been decided. The construction of the fire training center consists of building an asphalt drive, concrete curb and gutter, concrete utility pads, water and sewer service and appurtenances. The watermain connection at Rickard Road/Craig Way will provide a looped connection of the watermains in this neighborhood to facilitate a good circulation of water in this area and improve water quality. The annual overlay program is for the installation of the final mat on streets that have never had a final mat. The street upgrade program consists of minor widening and installation of cancrete curb and gutter, where required, and the placement of a new asphalt surface. The intent of the program is to eventually bring all City streets to current standards of width and pavement strength. Properties fronting on the street and receiving new concrete curb and gutter for the first time will be assessed for the cost of the concrete curb and gutter. By upgrading the streets now, the useable life of the streets can be extended 20 to 25 years. Costs and funding for the project are as follows: T�eiin ` ��, �� Fundin� : . . Riverview Heights Bikeway/ $46,500.00 CIP — Park Fund Walkway University Avenue Bikeway/ $125,Q00.00 CIP — Street Fund Walkway Fire Training Center $100,000.00 CIP — General Fund Joint Powers - Remainder 1993 Overlay Program $283,000.00 CIP — Street Fund Street Reconstruction $209,000.00 Street Fund Program $79,000.00 Assessment Rickard Road/Craig Way $15,000.00 Water Fund Watermain Connection SE:cz 15A 5 YEAR CAPITAL IMPROVEMENT PUUV BUDGET 1993 City of Fridley State of Minnesota Streets Capitaf Improvements Beginning Balance Revenues Funds Available Proiects ErxlinQ 8atance Beginning Balance Revenues Funds Available Pr, oiects �nding Balance 1993 interest Income Minnesota �afe Aid - Cor��ruction Total Revenues Seakoat Program Overlay Program New Projects 1993 Street Reconstructio� Project U�iversity Ave Bikeway Opticom 81sU83rd Total Projects 1994 Interest Income Minnesot2 State Aid - Construction Totat Revenues Seatcoat Program Overlay Program East River Road UP9rade - Phase II New Project 1994 Street Aeconstruction Project Total Projects 204 15B 0 i4.632,3i8 370,585 659.000 1,029,585 5.661�903 124.000 263,000 209.000 ��'� 125�000 30,000 751,000 54,910,903 54.910,903 392.872 209,000 601,872 5.512,775 135,OOQ i 00,000 110,000 500.000 845,000 54.667.775 A �� ,. e � _ � 0 E F � �G H i J K � 1993 STREET IMPROVEMENT PROJ�CT ST. 1993 - 1&2 � • � CITY OF A . . �.,, : .� ....: �� l . , --- �, „� -• � I �.. . : . e 15C � 0 E �. � F ,� :.:� .� � a s�: G ,� 3�' � � � y .er ��.,�t H � � i J _ K N� � � RESOI�I'1'IOTT N�. -1993 �J� � •1 • • � �1' I • •J:rl � �� r• •a • + ' :rN� v� •I �: � �� I 1� 5�: •1' �:I' •�. Y'f:rl'1�• " 'J 5i � {' ', � � � I :�i �� :r • NOW, T�FOI�, 8E IT RESOLVED by ths City Cau�cil of the City of PYi.dley as follaws: 1. That it appears in the interests of t��e City arn3 of the praperty awners affected that thexe be oonstYUCted cestain itnprove�nents to-wit: Street improvements, includirig 9radir�cl, st�bil.ized b�a.se, Y��nix bit�uainous mat, concrete curb and gutter, sidcwa].ks, bik�way, water aixl sanitary s�wnx servioes, storm sewer system, landscaping, and other facilities located as follaws: ST. 1993-1 (1�U1�MSAS) Overlavs Highway 65 East Sexvice Road - 250 ft South of Osborne to Osborne 1�1 University Avenue East Service Road - 57th Avenue to the South University Avenue West Sexvice Road - West to aatnrninity parking lot entrance 69th Avenue - Highway 47 to Service Drive New Construction Bittnninous sidewalk for Rivexview Heights Park Fire Training Center Tmprovements Rickarri Road/Craig Way Watermain ST. 1993-2 (MSASZ Overlavs 79th Avenue frc�m Main Street to Highway 47 ( includes cancrete median with brick paving stone) Reconstruction Lynde Drive Polk Street Monroe Street Brookview Drive Regis Drive Regis Iane Cheri Iane Fillmore Street 53�t Avenue Ne�w construction Bittnn.inous Sidewalk from Hillwind Rci to Folk St Lynde Dr to Hathaway In 67th to Rice C7eek Terraoe Mississippi to Rice Creek Texrace Regis Lri to Hathaway In Regis Dr to Matterhorn Dr 53rd to Fillmore St 53�1 to Cheri Ln Fillmore St to Matterhorn 73rd Ave�nue NE to 85th Ave NE �i � RE90LU'!'IO�T 1�U. -1993 Page 2 Zhat the w►�rk irrvolved in said improve�merits listed abave shall hereafter be d�esignated as: STl2EER' Il�TbdVE[�Tr PT�7EL'T 1�U. ST. 1993-1&2 2. 'TS1at the Public Works DirectAr, John G. Flora, City Hall, Fridley, NR3, is hereby authorized arid directed to draw the prelim�r�aiy plans and specifications aryd to tabulate the resu].ts of hi.s est�mates of the costs of sai.d inq�ravements, including every item of oost frcan inceptiari to ccanpletion ar�d all fees ar�d expetlses irx:urned (or to be incurred) in connection ther�with, or the financing thereof, and to mak,� a prelimir�y report of his findirigs stating therein whether said it�roveqnents are feasible and whether they can best be made as propoc.�ed, or in connection with scene othex improvements (and the estimated cost as reccnrnmended) , including also a desc,�iption of the lands or area as may receive benefits therefr�n aryd as may be proposed to be assessed. 3. That said preliminary report of the Public Works Director shall be furnished to the city Council. PAS��'ED ArID ADOPTID BY Ti� CITY QOUNCIL OF 'ii� CITY OF FRIDLEY TfIIS STH DAY OF APRIL, 1993 . f.VMY Y�1� WILLTAM A. Q�A - CITY CL�RK 15E WILLIAM J. I� - MAYOR I RESOI�JTI�T 1�U. - 1993 '� �• 1 •i •�;r�1:r1 � I 4:1' ' '1:�1 1 U �� •♦ •J:�I' • '.1 I� i/• / ' • • ' 1 : :1�+� • � •: 6:1" �• Ji' • ' •�f ti '!1 •i •I" M@I'.IV� � � 1•�•�� + l;�I '� �1 � I • ', � � :n f �tl � • �'. • J • WF�EAS, R,esolution No. -1993 adapt.ed oa1 the 5th day of April, 1993, by tY�e City Cbuncil, ordered the preliminary plans, Epecifications and estimates of the oosts thereof for the imprav�n�nts in this project. Wt�3, the aonstruction of oertain in�rwemnents is de�med to be in the interest of the City of Fridley arxi the property awners affected thereby. . N(�, Ti�E+ORE, BE IT RF�SOLVID, by the City Coa�ncil of the City of Fridley as follaws: 1. That the preliYainazy report sub�nitted by John G. Flora, Public Works Director, is hexeby re�eived and accepted. 2. That the City Clerk sha11 act to ascertain the name and address of the vwner of eac.h parcel of land directly affect.ed or within the area of lands as may be proposed to be assessed for said improvements, anr� calculate estimates of assessnents as may be proposed relative thereto again.st each of said lands. 3. That the area proposed to be assessed for said ittq�rovements and each of them as noted in said notice are all the lands and areas as noted in said notice: Al1 of the same to be assessed proportionately accon�ing to the benefits received. 4. That the estimates of assessn�nts of the Clerk shall be available for inspeetion to the awner of any parcel of larid as may be affected thereby at any public hearirig held relative theretc�, as well as at ariy prior time reasonable ancl cornrenient. 5. That the City Clerk is authorized and directed to give notice thereof in the official newspaper of the City of FYidley and by mailed notice to all the property awners whose property is liable to be asses.sed with the making of these impravements acco�ling to law, such natice to be sizbstantially in the form arid substance of the notice attached hereto as E�ibit "A". 6. �at this Council meet on the 19th day of April, 1993, at 7:30 p.m. at the Fridley Municipal Center Council C�ambers at 6431 Univexsity Ave., N.E., F�iclley, MN, for the purpose of holding a public hearing on the improvement noted in the Notice attached hereto and made a part thereof by refere.nce, Exhibit "A". PASSID AI�ID ADOPT� BY T� CITY OOUNCIL OF TFIE CITY OF FRTDLEY TFIIS 5TH DAY OF AP'RIL, 1993. � �. �� WILLIAM A. (��NII'A - CITY CLERK !1!i WILT�AM J. NEE - MAYOR N • ' • 1� 5i:�' � � : • N' • ' :I:M• ' � •i � �l•'•.� � �i l�l 8'I'REE'1' ]MPlaO�V�TP Pl�TEGT 1�U. ST. 1993-2 WF�REAB, the City Council of the City of F�idley, Anoka County, Minnesota, has deemed it expedient to rec�ive evidence pertaining to the i�mve�ments hereinafter described. Nt�W, Tf�EFOI7E, NO►PICE iS �REBY �IVaT �iT o� the 19tYi day of April, 1993, at 7:30 p.m. the City Cbuncil will meet at the Fridley Municipal Center fbuncil f�iambexs, 6431 University Ave. , N.E. , Fridley, MN, aryd will at said time and place hear all parties interested in said impravements in whole or in part. The general nature of the improvements i.s the construction ( in the lands arul streets noted belaw) of the follawing i�ravemerits, to-wit: CONS"TRUCI'ION I'I�I Street impravements, including grading, stabilized base, hot mix bittiuninous mat, concrete curb arxl gutter, sidewalks, bikeway, storm sewer system, water and sanitary sewer, landscaping, and other facilities located as follaws: SZ�2EET PRA7ECr Ix?. ST. 1993-2 Not Assessed Polk Street Partially Assessed Brookview Drive Assessed Lyride Drive Monroe Street Regis Drive Regis Lane Cheri I�ne Fillmore Street 53rd Avenue Lynde Dr to Hathaway In 67th to 68th fram Hillwind 12c1 to P�lk St 67th to Rice Cre�k Terrace Regis Ln to Hathaway Ln Regis Dr to Matterhorn Dr 53n� to Fil]..more St 53rd to Cileri Ln Fillmore St to Matterhorn All of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately accordirig to the benefits received by such imprav�ment. Published: FYidley Focu.s April 6, 1993 April 13, 1993 � � . � . ,ti,,:atfi:,�.. ., >. �Y,�,+:ik��`�21�',i.'.�.42v.+.x.. .�...,�- ^.�.. . �.>b.....�� , ... u.., . ....�. .rr.t^,_ , ....h� ......2D. .�.�titi9.f2.2�.ti:.: ;.�...a ti,... �.2. . .>2,�.. . , , � .. .. . . . � �,.,. ., � .. .._... . , .,z..., i t... . ..r�r i.>.,..,>.i,��.z �s.,,,�#3? 17 � � FOR CONCURRENCE BY THE CITY COUNCIL April 5, 1993 Type Of License: By: � AUCTiONEER' S � � _ James C. Peterson Co. � Same 20280 Cty. Rd.15 E1 k Ri ver, PAN 55330 BILLIARDS � American Legion Post 303 CDL Co. 7365 Central Ave.N�.E. Fridley, MN 55432 University Bi7liards Greg Asproth 7178 University Ave.N.E. �ridley, MN 55432 BOWLING ALLEY Fri�iley Rec. & Service Co. Donald Savelkoul 6310 Highway b5 N.E. Fridley, MN 55432 CARNIVAL Fridley 49er Days Scott Lund 580 69th Ave.N.E. Fridley, h1N 55432 CIGARETTE American Legion Post 303 CDL Co. 7365 Centrai Ave.N.E. Fridley, MN 55432 Fridley Rec � Service Co. Automatic Sales 6310 Hwy. 65 N.E. Fridley, MN 55432 East River Rd.Texaco Same 8100 E. River Rd. Fridley, MN 55432 Fireside Rice Bowl Same 1160 Fireside Dr. N.E. Fridley, MN 55432 FridleY Phi7lips 66 Same 7680 Highway 65 N.E. Fridley, MN 55432 Holiday Plus Erickson Bros. 4567 W. 80th St. Bloomington, MN 55437 19 a LTCENBES • f��s: '' $20. 00 $40.00 $100.00 $360.00 $12.00 $12.00 $12.00 $12.00 �12.00 $12.00 � � � � - FOR CONCURRENCE BY THE CITY COUNCIL FR1Di._�� Apri 1 5, 1993 CIGARE7TE CON'T � Knights of Columbus Same •- 6831 Hwy' •65 N . E . Fri�dley, MN 55432 � Joe Dimaggio's Mendota Val�ey Amusements� 9177 E. Courthouse B1vd.Ct. Inver Grove Hgts.,MN 55077 ' Mike's Gas & Grocery Same 6485 E. River Rd.�N.E. Fridley, MN 55432 PDQ #281: PDQ Stores of Mn. 607.E. 77th St., � Mp1s.MN 55423 Target Snack Bar Jerry Williams 755 53rd Ave.N.E: � Fridley,�MN 5542I Tom Thumb #141 Tom Thumb Food Mkts. 110 E. 17th St. Hastings, MN 55033 Union 76 Self Serve Same 4940 Viking Dr. #244 Mpls. MN 55435 University Sinclair Michael R. Johnson 6071 University Ave.N.E. Fridley, MN 55432 University Billiards American Amusement Arcades 850 Decatur Ave. No. Mpls. MN 55427 CLUB ON SALE American Legion Post 303 Shaddrick & LeBeau Post 303 7365 Central Ave. N.E. Fridley, MN 55432 Loyal Order of Moose Wm.�E. Krannich III Mpls. Lodge #38 8298 University Ave. N.E. Fr�dley, MN 55432 Fridley VFW Social Club 363 Ron Saba 1040 Osborne Rd. Fridley, MN 55432 . 19A LiCENBEH $12.00 $12.00 � $12.00 $12.00 $12.00 $12.00 $12.00 ' $12.00 $12.00 $500.00 $650.00 $$650.00 � . • _ FOR CONCURRENCE BY THE CTTY COUNCIL �� Apri 1 5, 1993 ENTERTAINMENT � Knights;of Columbus Same •- 6831 Hwy:•�65 N.E. Fririley, MN 55432 ioyal Order of Moose . Same 8298 University Ave.N.E. Fridley; MN 55432 ' FOOD ESTABLISHPAENT Best Wok Restaurant Same 6440 University Ave. N.E. Fridley, MN 55432 ,. Children's World Same Learing Center 5310 Monroe St.N.E. Fridley, MN 55421 � Domino's Pizza Same 7510 University Ave.N.E. Fridley, MN 55432 Fireside Rice Sowl, Inc. Oliver Tam 1160 Fireside Dr. N.E. Fridley, MN 55432 Fridley Phillip 66 Same 7680 Hwy.65 N.E. Fridley, MN 55432 Holiday Plus Erickson Bros. 4567 W 80th St. Bloomington, MN 55437 Hong Kong Kitchen Same 242 Mississippi St.N.E. Fridley, MN 55432 Knights of Columbus Same 6831 Hwy. 65 N.E. � Fridley, MN 55432 McDonald's• Mark Wheeldon 8100 Universaty Ave.N.E. Fridley, MN 55432 McDonald's Mark Wheeldon 250 57th Ave.N.E. Fridley, MN 55432 . 19B �LICEN8E8 Page 3� - , $85.00 $85.00 � $45.00 . $45.00 $45.00 $45.00 $45.00. , $45.00 $45.00 $45.00 $45.00 $45.00 � . � • _ FOR CONCURRENCE BX THE CITY COUNCIL FTZID�� Apri 1 5, 1993 FOOD ESTABLISHMENT CONT. � Maple Lanes Restaurant Same �._ 6310 Hwy:..65 N.E. Fri.dley, MN 55432 � Target No.Operation New Horizon Foods Center � � 2207 Flag Ave..So. • St.Louis Pk.,MN 55426 Old Country Buffe't Buffets, Inc. 6540 University Ave.N.E. Fridley, MN 55432 Oriental House Same 5865 University Ave. N.E. Fridley, MN 55432 Pizza F1ame -Same 317 Osborne Rd. N.E. Fridley, MN 55432 Shorewood Inn Inc. Same 6161 Hwy. 65 N.E. Fridley, MN 55432 Subway at Moore Lk. Kathieen J. Zuehlke 1091 E. Moore Lk.Dr. N..E Fridley, MN 55432 Target Distribution Mike Riley 1090 73rd Ave.N.E. Fridley, MN 55432 Target Snack •Bar Target Stores 755 53rd Ave.N.E. Fridley, MN 55421 Tom Thumb #141 Tom Thumb Food Mkt. 110 E. 17th St. Hastings, MN 55033 T.R. !�lcCoy's 7850 University Ave.N.E. � Fridley, MN 55432 University Billiards Same 7178 Un-iversity Ave.N.E. + Fridley, MN 55432 University Station Ardys J. Smith 7610 University Ave.N.E, Fridley, MN 55432 19C �LICENBES Page 4 $45.00 $45.00 � $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 145.00 $45.00 $45.00 � $45.00 — � • _ FOR CONCURRENCE BY THE CITY COUNCIL fT21�p(..�" Apri 1 5, 1993 FOOD ESTABLISHMENT CONT. " Wong's Gourment Inc. Park Wong 1254 E. �loore Lk.Dr. N.E. Fridley, MN 55432 FIREARMS. Stanton•0. Berg Same ' 6025 Gardena Ln. N.E. Fridley, MN 55432 � JUNK YARDS Salvage Center Same 3737 E. River Rd.N.E. � Fridley, M�V 55421 ZAWFUL GAMBLING �LIQUOR) Maple Lar�es Restaurant Inc. Same 6310 Hwy. 65 N.E. fridley, MN 55432 Shorewood Inn, Inc. Same 6161 Hwy. 65 N.E. Frid7ey, MN 55432 CHARITABLE GAMBLING Mn.Bass Federation Same 1320 Scheffer St. St.Paul, MN 55116 OFF;SALE BEER East River Rd.Texaco Donald M. Kisch 8100 E. River Rd. Frid7ey, MN 55432 Holiday Plus Erickson Bros. 4567 W. 80th St. Bloomington, MN 55437 Mike's Gas & Grocery P�lichael J. Deconcini 6485 E. River Rd. Fridley, MN 55432 Orienta� Nouse Meilan Leuck 5865 University Ave.N.E. Fridley, MN 55432 � 19D �LICENBES • Page 5 $45.00 $25.00 $350.00 $300.00 $300.00 ' $25:00 $60.00 $b0.00 $60.00 $60.00 .. .. .. .. ... . .. :. . , , , . 7. �. .. ... . . . ...:..... , ,. . . ,: .: ; ; ...,....+, - ' � _ FOR CONCURRENCE BY THE CITY COUNCTL C�il( OF, ' FTtlDLEY Apri 1 5, 1993 ON SALE BEER • Godfather's Pizza Same �.. 9140 W. D.odge Rd. Oma�ha, NE 68114 � University�Station Ardys J. Smith � 7610 University Ave.N.f.� Fridley, MN 55432 • LIVESTOCK � George E. Olson Same 612 Lafayette St.N.E. Fridley, MN 55432 Linda M. Soderh'olm 5336 5th St.NE. Smae Fridley, MN 55432 PRIVATE PUMP Qeterman Welding & James R. Determan Tank Service 1241 72nd Ave.N.E. Fridley, MN 55432 Kuether Dist. Same 6982 Hwy. 65 N.E. Fridley, MN 55432 Park Const. Co. Richard G. Engebretson 7900 Beech St.N.E. , Fridley, MN 55432 REFUSE HAULER Hilger Transfer David A. Klatke Jr. 8550 Zachary Ln. Mpls. MN 55369 Johnson Sanitation Leroy A. Johnson 125 Bunker Lk.B1vd.N.W. Anoka, MN 55304 Larry's Quality Sanitation Larry Saba 17210 Driscoll St. N.E. Ramsey, MN 55303 Pretzel Sanitation Inc. Lawrence Piessel 15323 Ramsey 81vd. N.W. Anoka, MN 55303 Twin City Sanitation Inc. Richard Gersdorf 279 Meadowood Ln, 19E �LICENSE8 ' Page 6 $325.00 $325. 00 " $10.00 $10.00 $30.00 $30.00 $30.00 $60.00 $b0.Q0 $60.00 $90.00 $b0.00 � � �' FOR CONCURRENCE BY THE CTTY COUNCYL �p��' Apri 1 5, 1993 REFUSE HAULER CONT � Walter's Rubbish George.Walter 2775 101'Ave. N.E. Bla�ine, MN 55434 � Waste Management Kent. L. Harrell 10050 Naples St.N.E. � � BJaine,. MN 55434 • RETAIL GASOLINE Bill Johnson Amoco Same 5311 University Ave.N.E. Mpls. MN 55421 East River Rd.�Texaco Donald M. Kisch 8100 E. River Rd. N.E. Fridley, MN 55432 Fridley �hillips 66 Bob Ring 7680 Hwy. 65 N.E. Fridiey, MN 55432 Mike's Gas & Grocery Same 6485 E. River Rd. Fridiey, MN 55432 Union 76 Self Serve Same 4940 Viking Dr.#244 Frid7ey, MN 55435 University Sinclair -Michel R. Johnson 6Q71 University Ave.N.E. Fridley, MN 55432 STREET VENDING Blue Bell Ice Cream Inc. Same 3218 Snelling AVe. Mp1s.MN 55426 Novelty Vending John Licciardi 2627 Quincy St.N.E. Mp7s. MN 55413 ' TREE REMOVAL Reliabl� Tree Service Inc. Peter Uogovich 6600 Brookview Dr. N.E. Fridley, MN 55432 .. 19� LICENSEB • Page 7 $60.00 $150.00 " $60.00 $60.00 $60.00 $60.00 � $60.00 $60.00 $50.00 $75.00 $40.00 �,. . .. .....__.... . .. . � , _ �. _. _ ... _ . .. _ _ FOR CONCURRENCE BY THE CZTY COUNCIL �LiCENBEB - �� April 5, 1993 Page 8 USED MOTOR VEHICLE Salvage Center James�A._Dowds 3737 E. Ri.ver Rd. Frid1ey, MN 55432 � VEICHLE BODY REPAIR � . Maaco Auto Body. Painting Sa�ne 148 Osborne Rd. N.E, Fridley, MN 55432 � Triangle Coach Works, Inc. Same 7869 Beech St.N.E. Fridley, MN 55432 PEDDLERS ' �C�rdina Furniture Express John Mark Oraper 1501 Freeway Blvd. � Brooklyn Center, MN Cardina Furniture Express Chris Evan Earnhardt 1501 Freeway Blvd. Brooklyn Center, f�iN Cardina Furniture Express Terry f�lichael Landreth 1501 Freeway Blvd. Brookyl n Center, Nil� � 19G � � �150.00 $150.00 $150.00 $60.00 $60.00 $60.00 _ _ �� FOR CONCURRENCE BY THE CITY COUNCIL �N�,R�,�::CQ�CTOR-COMA�IERCIAL HRDC � Constructioa lUOi East 24th St . � . Minneapc�lis MN 55444 � Wayne Payne Rasmusson Construction Co (2041) 2046 134th Ln NE Ham Lake MN 55304 Gary Rasmusson �EN��AI� CONTRACTOR $ESIDENTIAL Professional Garage Services Inc (2460) PO Box lb3 Champlin MN 553I6 Joseph Pinto Rasmusson Construction Co {200i} 204b 134th Ln •NE Ham Iake MN 55304 VanHorn Home improvements(3783) 339 W 1 Ave Shakope� MN 55379 PL,UMBLNC G R Mechanicat 12Q55 Tilton Trail N Rogers MN 55374 Piumbing & Heating Economizers Rt 5 Box 77A Princeton MN 55371 SI�'N EREC'�OR Topline Outdoor Advertising 1471 92nd Lane NE Biaine MN 55449 Gary Rasmuss�n Cole VanHorn Gordon Reinking John W i�ewitsch Joe Ste'inbach � 19H LICENSEB CLYDE WILEY Bidg lnsp Same STATE OF MINN Same Same STATE OF MINN Same CLYDE WILEY Bldg Insp Zo